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HomeMy WebLinkAbout2014-09-09 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 9, 2014 AGENDA 7:00 P.M. —Executive Session: Employee Compensation 7:30 P.M. —REGULAR MEETING: PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing for a proposed local law amending Chapters 179, 209 and 250 of the Village Code regarding Approval Authority for Land Use Applications. RESOLUTIONS: 1) Considering proposed local laws amending Chapters 179, 209 and 250 of the Village Code regarding Approval Authority for Land Use Applications. 2) Considering a Significant Tree Removal application from TD Bank located at 101 South Ridge Street. 3) Setting a public hearing for a proposed local law modifying Village Code Chapter 235, Trees. 4) Considering a Village contribution to the Columbus Day Celebration. 5) Considering the approval of minutes- July 29, 2014 and August 19, 2014. ADMINISTRATOR'S REPORT Board of Trustees September 9,2014 Page 1 OLD BUSINESS: 1) Comprehensive Plan Implementation Discussion NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: September 23 and October 14, 2014 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator Greg Austin, Chief of Police Edward Beane, Village Counsel Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Mayor Paul Rosenberg called the September 9, 2014 Board of Trustees meeting to order. He noted that the Board held an Executive Session prior to the meeting on Employee Compensation. Mayor Rosenberg began the meeting by addressing the Federal Housing Monitor Report, "Monitor's Huntington Analysis of Westchester County Municipal Zoning." He read his response memo into the record, noting that this matter is between the Federal Government and Westchester County and that Rye Brook is not a party to this settlement. Rye Brook has adopted a vast majority of the model ordinance regarding Affordable Housing, and the Rye Brook Comprehensive Plan reviews Affordable Housing. No application for Affordable Housing has ever been denied in Rye Brook. Rye Brook has done everything in its power to encourage affordable housing. Mayor Rosenberg called for the first item on the agenda: Board of Trustees September 9,2014 Page 2 PUBLIC HEARINGS: 1) Public hearing for a proposed local law amending Chapters 179, 209 and 250 of the Village Code regarding Approval Authority for Land Use Applications. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the public hearing was declared open. Mr. Bradbury, Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul S. Rosenberg voting aye Mr. Christopher Bradbury, Village Administrator, noted that the Village Board asked the Planning Board to review the Village Code for ways to streamline the process, and make things easier for residents. The Village established a Task Force to review this matter. Changes to the Village Code have been made as a result of this review. Mr. Bradbury reviewed the proposed changes, including the fact that the Planning Board would now have approval authority. Mayor Rosenberg noted that this is an important matter. These are the last two pieces, for at least the next six months, of legislation that will streamline the Code. The review has taken about a year and a half. Mayor Rosenberg called for comments from the public and the Village Board. Trustee Heiser noted that the process, from a timing standpoint, needed to be streamlined. The process can be very expensive and it was not fair to the applicants. Trustee Jeffrey Rednick noted that many complaints about getting through the permitting process have been received over the years. These changes address the residents' concerns. On a motion made by Trustee Jason Klein, and seconded by Trustee Rednick, the resolution was adopted. Board of Trustees September 9,2014 Page 3 Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Jeffrey Rednick voting aye Mayor Paul S. Rosenberg voting aye RESOLUTIONS: 1) Considering proposed local laws amending Chapters 179, 209 and 250 of the Village Code regarding Approval Authority for Land Use Applications. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING LOCAL LAWS TO AMEND CHAPTERS 179, 209 AND 250 OF THE VILLAGE CODE REGARDING APROVAL AUTHORITY FOR LAND USE APPLICATIONS VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS,the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning the designation of approval authority for site plan, special permit and planned unit development applications; and WHEREAS, a proposed local law was introduced to amend Chapter 250 of the Code of the Village of Rye Brook to amend the designated approval authority for various types of special permit applications; and WHEREAS, a second proposed local law was introduced to amend Chapters 179, 209 and 250 of the Code of the Village of Rye Brook to amend the designated approval authority for site plan and planned unit development applications; and WHEREAS, on July 8, 2014 the Board of Trustees of the Village of Rye Brook determined that the proposed action is an Unlisted Action, pursuant to the State Environmental Quality Review Act ("SEQRA"); and Board of Trustees September 9,2014 Page 4 WHEREAS, on July 8, 2014 the Board of Trustees referred the proposed local laws to the Planning Board for report and recommendation and such report and recommendation was adopted by the Planning Board on August 14, 2014; and WHEREAS, on August 26, 2014 the local laws were referred to the Westchester County Department of Planning pursuant to New York General Municipal Law §239-m and the Westchester County Administrative Code and a response was received on September 2, 2014 which stated the action is a matter for local determination; and WHEREAS, on August 26, 2014 the local laws were referred to the Town of Rye, Town/Village of Harrison, Village of Port Chester, Town of Rye, Town of Greenwich, CT, Port Chester Rye Union Free School District and the Blind Brook Union Free School District, pursuant to New York General Municipal Law §239-nn and the Westchester County Administrative Code; and WHEREAS, on September 9, 2014, the Board of Trustees opened a public hearing on the subject local laws, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local laws, and the Board of Trustees closed the public hearing on September 9, 2014. NOW, THEREFORE, BE IT RESOLVED,that upon review of the information stated in the Environmental Assessment Form and all other information in the record, the Board of Trustees hereby determines that adoption of the subject local laws will not result in any significant adverse environmental impacts and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the subject local laws amending Chapters 179, 209 and 250 of the Village Code regarding approval authority for land use applications. TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE On a motion made by Trustee David Heiser, and seconded by Trustee Jason Klein, the resolution was adopted. 2) Considering a Significant Tree Removal application from TD Bank located at 101 South Ridge Street. Mr. Bradbury read the following resolution: Board of Trustees September 9,2014 Page 5 RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 101 SOUTH RIDGE STREET WHEREAS, Bow Ridge Associates, LLC, as the owner of 101 South Ridge Street, Rye Brook has applied for a Tree Removal Permit for one Maple Tree approximately 42" in diameter (DBH) at said property on August 28, 2014 and that is obstructing some of the construction activities for the new TD Bank at this location; and WHEREAS, the tree is partially on the property of 80 Bowman Avenue whose owner has provided written permission of the tree removal in a letter dated August 28, 2014; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree over 30" DBH shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said tree is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Bow Ridge Associates, LLC for the removal of the following: One (1) Maple tree approximately 42" in diameter(DBH); and be it FURTHER RESOLVED, Bow Ridge Associates, LLC shall replant three (3) trees as required by code with limited mature growth potential in consultation with the Village Superintendent of Public Works. Mr. Michel Nowak, Superintendent of Public Works, addressed the Board. He noted that the tree is in the way of construction and it was not able to be it. The applicant has agreed to tree replacement. On a motion made by Trustee David Heiser, and seconded by Trustee Susan Epstein, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Board of Trustees September 9,2014 Page 6 Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Jeffrey Rednick voting aye Mayor Paul S. Rosenberg voting aye The representative from TD Bank, Craig Thompson, gave a brief update on the construction. He noted that the bank is scheduled to open mid-to-late October. The final push is on. The construction moved very quickly. 3) Setting a public hearing for a proposed local law modifying Village Code Chapter 235, Trees. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A PROPOSED LOCAL LAW MODIFYING VILLAGE CODE CHAPTER 235, TREES WHEREAS,the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning Chapter 235, Trees; and WHEREAS, in June 7, 2013 the Village Board discussed several recommendations made by the Advisory Council on Environmental Conservation (ACEC) to modify Village Code Chapter 235, Trees; and WHEREAS, a proposed local law amending Chapter 235, Trees, has been prepared incorporating the recommendations of the ACEC as well as other code modifications recommended by village staff, and WHEREAS,the Board of Trustees of the Village of Rye Brook hereby determines that the proposed action is an Unlisted Action, pursuant to the State Environmental Quality Review Act ("SEQRA"); and NOW, THEREFORE, BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on October 14, 2014 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,New York, to consider the proposed local law amending Chapter 235, Trees. Board of Trustees September 9,2014 Page 7 Trustee Klein noted that he was a member of the committee looking for ways to make the Code more understandable. Mayor Rosenberg noted that this portion of the Code was not very easy to read and now it is more user friendly. Given the severe weather of past years, the ability to grant waivers is an important change. Mr. Bradbury noted that the comments from staff and consults have also been added to this portion of the Code. Changing the size of the trees that require a permit limits the number of applications. The Board could change the size of trees that would need to come before the Board from 30" to 36". If a permit is not approved, all appeals go before the Board of Trustees. Mr. Nowak is conservative when issuing removal permits. The consensus of the Board was to make this change. Mr. Bradbury noted that the ACC issued a memorandum regarding the wind patterns, which could result in a large number of trees that would be lost. The staff is given guidance when issuing permits to remove trees. The Board will further discuss this matter. Trustee Heiser noted that Mr. Nowak makes the decision and if the applicant does not like the decision then they can come before the Board of Trustees. Mr. Bradbury noted that another item that could have an impact is the wording concerning invasive trees. This could result in the removal of common trees. Mr. Nowak gave a brief summary of invasive species. As an example he used the Norway Maple. This tree reproduces by seeding and dwarfs other trees. The Norway Maples are quick sprouters. They take over an area and will outgrow native trees. Typically, when a permit is applied for, favoritism is given towards an invasion type of tree. Removing any tree impacts the environment. The majority of trees in the Village are Maples. It is a balance of where they are, how they are doing, and what are the effects of removing it. Mr. Bradbury noted that the Village Board could remove the term `invasive species.' Trustee Klein noted that he was concerned about a proposed change regarding the proposed change to 13(g). He felt that tree replanting must be a requirement. Many trees were removed during recent storms. The volume during Hurricane Sandy was very high in that hundreds of trees that were removed. When the trees are down after a massive storm, a 30 day removal window is given. Trustee Heiser noted that after a Board of Trustees September 9,2014 Page 8 massive storm it is hard to find someone to remove the trees because everyone is very busy. It was noted that the 30 day period can be extended by the Village Board. Trustee Heiser noted that he had confidence that Mr. Nowak would make the right decision. Trustee Klein made a motion to amend the resolution. He felt that including the wording `invasive species' almost encourages removal. Mr. Nowak noted that the Village has a handful of zones that are environmental friendly, i.e.: Deer Run. Many houses are within 10' to 15' of a significant tree. This is not uncommon. Mr. Bradbury stated that this portion of the Code gives direction to Mr. Nowak when making these types of decisions. On a motion made by Trustee Klein, and seconded by Trustee Rednick, the resolution was adopted, as amended. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4) Considering a village contribution to the Columbus Day Celebration. Mayor Rosenberg noted that this matter was adjourned at prior meetings because no representative from the Columbus Day Celebration Committee was in attendance. Although Mr. Bradbury reached out to the Committee, once again no one was in attendance. As a result, the matter was tabled. 5) Considering the approval of minutes- July 29, 2014 and August 19, 2014. Mayor Rosenberg asked that this be moved to the next agenda as he had not yet had an opportunity to review them Board of Trustees September 9,2014 Page 9 ADMINISTRATOR'S REPORT: Mr. Bradbury noted that a ceremony will be held at the AJP on Thursday, September 11th. He addressed paving which is scheduled throughout the Village. The streets are noted on the Village's website. Traffic flow will be maintained. The most impactful work will be done on High Street. It will be closed for approximately two weeks. The cemetery will be impacted, as will two houses on the street. The road will be done in two stages. The only access to the cemetery is on High Street. The end result will be wonderful, but it will be a little difficult when the work is being done. The work will be completed by the end of the year. The street closures will be happening in October. The Pine Ridge Court wall has been painted. It is now green. The basketball court, which part of the street paving project, will start soon. There will be drainage work included in the project, and it should be done by the end of the year. OLD BUSINESS: 1) Comprehensive Plan Implementation Discussion Mayor Rosenberg noted that the Comprehensive Plan Discussion, with the consensus of the Board, would be tabled. The next Board of Trustee meetings are scheduled for September 23, 2014 and October 14, 2014. Mayor Rosenberg hoped everyone had a nice summer. He called for members of the public wishing to address the Board, there being no one, the meeting was adjourned at 8:20 p.m. Board of Trustees September 9,2014 Page 10