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HomeMy WebLinkAbout2013-01-22 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 22,2013 AGENDA 7:00 P.M.—Considering motion to go into Executive Session— Comprehensive Plan Committee 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING REPORT PUBLIC HEARINGS: 1) Public hearing on an application for approval of a special permit and amended site plan for Reckson Operating Partnership, L.P. at property located at 1100 King Street 2) Public hearing to consider a fire protection agreement with the Village of Port Chester RESOLUTIONS: 1) Considering an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue 2) Considering a fire protection agreement with the Village of Port Chester 3) Considering referring an application by SoulCycle C/O Luba Senatorova for approval of an amended site plan to the Planning Board for report and recommendation 4) Considering an application for the removal of Significant Trees at 36 Woodland Drive 5) Considering an application for the removal of Significant Trees at 34 Woodland Drive BOARD OF TRUSTEES MEETINGS January 22,2013 Page 1 of 41 6) Considering entering into an agreement with All Star Midway for a carnival event on April 120i through 140' 7) Considering the use of Village Roadways for the Westchester County Volunteer Firemen's Parade 8) Considering rescheduling the March 26, 2013 Board of Trustees Meeting to March 21, 2013 9) Considering the approval of Minutes: September 24, 2012; October 17, 2012; November 13, 2012; December 11, 2012 ADMINISTRATOR'S REPORT OLD BUSINESS 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: February 12 & February 26, 2013 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Lt. Eugene Matthews, Rye Brook Police Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary BOARD OF TRUSTEES MEETINGS January 22,2013 Page 2 of 41 Mayor Feinstein welcomed everyone to the January 22, 2012 meeting of the Board of Trustees. She introduced the Village Board, Staff, and Consultants. She noted that there was a full agenda before the Board this evening, which included the public hearing for the Reckson application. She asked that order be kept, and explained that speakers would be called upon in the order of the sign-in sheet. She asked that decorum be maintained and that no booing or clapping follow comments or speeches. Because of the length of the agenda, and the number of people wishing to address the Board, Mayor Feinstein noted that the Board had the right to limit the time of each speaker. It is understood that this is an important application, and everyone wishing to address the Board will have the opportunity. In addition, the public hearing will remain open until all issues that are raised are responded to. PUBLIC HEARINGS: 1) PUBLIC HEARING ON AN APPLICATION FOR APPROVAL OF A SPECIAL PERNHT AND AMENDED SITE PLAN FOR RECKSON OPERATING PARTNERSHIP, L.P. AT PROPERTY LOCATED AT 1100 KING STREET On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the public hearing was declared open. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that the public hearing was being held in order to obtain public comments. Nothing was being fast tracked, and nothing was being hidden. The meeting, which was being televised live, also had a TV set up in the back conference room to accommodate the overflow from the meeting hall. Mayor Feinstein stated that there is a lot of emotion in respect to this particular application, and reminded everyone to be respectful in their comments and reactions to the comments of others. She gave a brief overview and explained that this is an application for an amended site plan. If Reckson wanted to, today, they could move ahead with the construction of an office building on this parcel as the approval was granted 15 years BOARD OF TRUSTEES MEETINGS January 22,2013 Page 3 of 41 ago. Mayor Feinstein noted that there are many rumors being circulated, and many of them are incorrect. The most important thing to note is that this application will not be voted upon this evening. She reiterated that the reason for the public hearing was to get the issues out on the table, hear from the community, and get the facts straight. The public and their concerns are very important. The Board has been receiving emails from residents and is aware of most of the issues and concerns. The Village's consultants reviewed all the information presented by the applicant. There will be additional meetings for this matter, and the public hearing will be kept open until all of the issues have been addressed to the satisfaction of the Village Board. This is the starting point. Mayor Feinstein noted that of concern to her was the number of the seating that will be made available at this facility. There are issues that have been raised regarding the zoning of this project. The zoning determination is made by the Building Inspector and he has determined that a recreational facility may be built on this property, subject to a special use permit. Two residents of Rye Brook have filed an appeal to the Zoning Board of Appeals regarding this determination by the Building Inspector. The Board of Trustees does not have jurisdiction over the zoning, but they are aware of the issue. The applicant will make a presentation of the proposed project. Then the Mayor will make a few comments, and finally, the public will be heard from. There was a sign in sheet and the names would be called in the order of the sheet. Attorney William Null from the firm of Cuddy and Feder, legal counsel for the applicant, addressed the Board. He noted that the applicant is proposing a 140,000 square foot recreational facility. With the interpretation of the Code — this is a permitted use. The Reckson Office Park consists of 79 acres, accessed through King Street. Phase III is a 280,000 square foot office building site. This portion of the property is 31 1/2 acres and is at the back of the site closer to SUNY Purchase, adjacent to the Conference Center, and adjacent to BelleFair and Doral Greens. This facility will serve the youth and public, and allow for eight tournaments. The tournaments are components in the overall 52 week program. The key focus here is to teach children and young adults to skate and enjoy the sport of hockey. This project is an alternative to the 280,000 square foot office building for which Reckson has approval. The facility will house four rinks. A snack area is proposed and it will be on the mezzanine level. If, in the future, anything is added it could include a restaurant but nothing is planned now. There is no liquor associated with the hockey facility. Everything that is presented in BOARD OF TRUSTEES MEETINGS January 22,2013 Page 4 of 41 this plan has been presented during multiple meetings and the applicant has been forthright with all information. A traffic study was done at a similar facility in Pennsylvania. The counts confirmed the accuracy of the counts provided in the application. It is important to note that actual counts have been done. Submissions have been made to the Board of Trustees and they include sound/noise level, landscaping, traffic, and chemical usage. Meetings with Doral Greens and BelleFair residents have already taken place. Questions about emergency services have been addressed. Attorney Null noted that the ice is pure water and does not contain any chemicals. Each of the existing office buildings have chillers that cool their facility and it is similar to the chillers to be used in this building. Reckson is very cognizant in what needs to be done to enhance the site and the community. This facility will not detract from the community, but rather is a beneficial facility for the community. Reckson would not bring forward a project that was detrimental to anyone. The building will be placed low in the site. The sounds will not be detrimental to the people nearby. The traffic will not be a burden and it should be noted that the traffic for this facility is less than a 280,000 square foot office building. The Planning Board made a favorable recommendation. A provision of the Village ordinance includes a recreational facility. Attorney Null noted that this is a special permit use. The impacts and the ways that this facility will operate, and how it will affect the community have all been taken into consideration. Eli Williams, President of QMC Group, the operators of the proposed facility, stated that this facility will serve families of all ages, shapes and sizes. QMC will offer public sessions, youth and adult classes, adult hockey leagues, pick-up hockey, figure skating, and private lessons. There will be eight tournaments per year. There will be a maximum of 48 teams from 8 years and under to 14 years and under. Set up for the facility, and clean up, will take place 1/2 hour before opening and 1/2 after the facility closes. QMC Group will provide security during high school and college games. Reckson will too. The facility will work in cooperation with the Port Chester, Rye, Rye Brook EMS. Mr. Mark Gratz, P.E., of the firm of Divney Tung Schwalbe, Planning and Engineering, addressed the Board. He ran through the site and the history of the property, noting that the overall site is approx. 79 1/2 acres. The first two phases were office parks totaling 6 buildings having 540,000 square feet. The property surrounding the executive park includes BelleFair which at the closest point is 760 feet away. Doral Greens is to the South, and The Town of Greenwich is to the East. To the West is SUNY Purchase. The BOARD OF TRUSTEES MEETINGS January 22,2013 Page 5of41 parcel, referred to as Phase III, sits on the far side of the property, and a small portion of this property is in the Town of Harrison. Previously approved for this site was a 280,000 square foot office building. Mr. Gratz presented the approved plan which included the approved parking areas. The hockey facility falls within the areas of disturbance for the construction of the approved office building. Mr. Gratz presented the site plan of the proposed 140,000 square facility. The entrance to Reckson, through International Drive was designed to handle the traffic from the 280,000 square foot, approved office building and is adequate to handle the 140,000 square foot sports facility without additional improvements. There is access around the facility. There will be 244 parking spaces and there will be a shared parking program which utilizes approximately 300 existing spaces. Storm drainage entirely flows to the storm water management basins. Nothing flows through the Town of Greenwich or flows through the Byram River. The proposed plan is approximately 6 1/2 acres less in terms of impervious coverage. The floor plan showing the layout of the four rink design was shown. The main entry provides access to all four rinks, the front desk, the locker rooms, and the mezzanine area. The spectator mezzanine overlooks only one of the four rinks. There is moveable seating for about 342 people. This is a supplement for people coming in and out of the rink. The building itself will be totally sprinklered. The mechanical equipment will be located on the roof and behind the building, and adjacent to Doral Greens. There are egress exits from the mezzanine level, which is one story higher than the rinks. The building height reaches a maximum height of 46 1/2 feet. This is permitted in the OB 1 Zone. This facility will be 28' lower than the approved office building. Visual simulations were done. Photos were presented. Photo 1 — From Doral Greens, shows the proposed building lower than the tree level, and nestled along the contour of the golf course. Photo 2 — From the BelleFair vantage point. Mr. Gratz noted Reckson has met with BelleFair and Doral Greens and has made some assurances regarding additional screening. Attorney Null offered to review the reports that have been submitted. Mayor Feinstein asked that traffic and noise issues be reviewed. She noted that there were 1260 seats proposed and asked why the necessity for so much seating. She asked if high school or college teams would be using the facility, what traffic will be generated, and how often will these games take place. She also asked if the traffic includes cars and buses. Attorney Null noted that a comparison was completed with a similar facility and a written report will be provided. There is no comparison to the BOARD OF TRUSTEES MEETINGS January 22,2013 Page 6of41 Hackensack Facility compared to this facility. That facility has a health club. Eli Williams noted that 1260 seats are proposed for this facility. College hockey usually has an approximate 500-800 fan base attendance. The college kids come to the games and they usually come in by van, and some parents do come in. The attendance for high school games varies. It is possible to have 600 fans. If it is not a good game there could be 20 to 40 fans. College students will have 11 home games, high school games are about 20 games per season with 10 held at the home rink. Mayor Feinstein noted that Mr. Williams referred to 600 fans but the proposal includes over1200 seats. Mr. Williams responded that in order to attract teams they have to have their practice there too. A discussion regarding traffic studies ensued. John Collins, principal of John Collins Engineering, P.C., addressed the traffic. The traffic was evaluated during normal operating conditions; during a typical weekday and mid-day on Saturdays. Traffic volumes for King Street were determined. Office traffic comes in and out in the AM and PM. A comparison was made with the Brewster Rink — a heavily used facility. The traffic was projected for this facility. Four rink facilities were also used for comparison. The applicant looked at a facility in Pennsylvania that started off as a two rink facility and an additional two rinks were added. The use is three rinks for hockey and one for figure skating. Saturday and Sundays times and usage were also reviewed. The numbers used in the study for normal operations are correct. This information needs to be reviewed by the Board and the Village's consultants. Mayor Feinstein asked what the increase would be from the existing traffic, remembering that there is an approval for a 280,000 square foot office building. Mr. Collins gave an overview of what a traffic study takes into account, which includes establishing the existing traffic volumes. They also took into account the approximately 150,000 square feet of the office building which is currently not leased. Then they compared a 280,000 square foot building and the 140,000 square foot recreational center. Counts were taken during the morning rush hour and the evening rush hour. Also looked at was traffic for mid-day. A sensitivity analysis was also done using similar operating conditions. Mr. Collins noted that queuing currently exits south bound on King Street and the proposed facility will not make it worse. This facility will generate about 200 cars during rush BOARD OF TRUSTEES MEETINGS January 22,2013 Page 7of41 hour— but this traffic will be coming in. In the morning there is almost no traffic during commuter rush hour. After rush hour the traffic will increase. Mayor Feinstein noted that it was her understanding that this facility will not have liquor and she would not consider any approval that would permit liquor to be served on the premises. Attorney Null noted there is no proposal for a liquor license at this time. The only way it would be considered it would be with the addition of a full service restaurant. If they come back for additional construction in the future, if they ever come back, it will need to be reviewed. Nancy Newman addressed the Board. A noise analysis was done looking at the potential increase to sound levels for the equipment and traffic. The night time noise levels were comparable to the day time noise levels and in the mid 50's with respect to decibel levels. The heating and cooling units were looked at, and a determination was made of how loud the equipment would be. The closest residences are 3 BelleFair Road and 61 Doral Greens West. Traffic was also reviewed for a noise level at night. The study took into account four buses and 393 vehicles which would be leaving at the same time. FHWA recommends a noise level, using specific criteria. The maximum levels are at 55 decibels, but the office park is already over that level. New noise level should not be over 6 decibels over what exists. Ms. Newman noted that BelleFair is 600-700 feet away, and SUNY is 1200 feet away. Noise levels from exiting of the game were added into the calculations. Mayor Feinstein addressed taxes on this site. Phase III is being taxed based on vacant land. The real estate tax bills generate $241,000 per year— and is based on a vacant land assessment. There will be an increase to real estate taxes once a facility has been built upon. A portion of these funds goes to the Blind Brook School District. This property, if built upon, would create an increase of tax revenue. Mayor Feinstein introduced the elected officials. She called for the first individual who signed in on the sheet. Michael Hudson and Ron Rogella from the Wheelchair Sports Federation of Middle Village, New York addressed the Board. Mr. Hudson stated that they would love to see this facility offer Sled Hockey. The only other ice in the area is in Elmsford. This type of facility would be a benefit to the handicapped residents. It was noted that the Mezzanine has an elevator, and the facility would be handicapped accessible. The Federation would BOARD OF TRUSTEES MEETINGS January 22,2013 Page 8of41 like to have children 18 and under, a junior team. Mayor Feinstein thanked Mr. Hudson and Rogella for their comments, and for the work that they do. Attorney Clifford Davis, legal counsel for Nancy Ruskin of 7 Doral Greens West, and Allan Burke of 41 Doral Greens West, addressed the Board. He presented the Board with a petition against the application. He stated that this facility is not a compatible use and not in character with the area. He questioned why this meeting was going forward, noting that this is an OB 1 Zone and a commercial mega-ice center is not a permitted use for this area. Reckson has been disingenuous with this application. It never raised issues regarding parks and recreational facilities. The Building Inspector accepted Reckson's word. He stressed that this project is not a permitted use, and stated that this zone permits governmental parks and recreational uses. This sports amenity facility is not consistent to the R25 zoning district. There are rules of statutory construction. Can you have a mega-ice center in every Zone? No. This is a regional facility and would be one of the largest ice facilities in New York State. Parks and recreation uses include ball fields, tennis courts, walking trails — not mega ice arenas. This is a commercial use. The second and third rules of statutory construction also apply here. The applicant would have to apply for a re-zoning of the property, and Rye Brook would have to approve the rezoning. There are absurd consequences if the Village permits this application. Other approved uses would be Go Carts, Stadiums, and Ball Fields. There was an issue about bowling alleys a while back and Rye Brook limited bowling alleys to a C 1 and a C 1-P District. This applicant should have come to this Board for a zone change. Mr. Izzo, the Building Inspector, has made a determination that this is a compatible use. He looked at a zoning analysis and the minimum number of off street parking spaces required, but there was no analysis that said parks and recreational uses is permitted. Attorney Davis stressed that this matter should be returned to Mr. Izzo and he should be instructed to re-evaluate this application. Attorney Davis stated that this is a ridiculous application. He stated that he sent Mr. Izzo an email asking what analysis has been done. He received back a short email stating... "This is the only analysis so far." He felt that basically there has been no determination by the Building Inspector. Attorney Davis presented the Board with materials and stated that the Board of Trustees has failed to meet their obligation by not asking Mr. Izzo to review the application and make a proper determination. This is a residential district. Reckson does not want anyone to know that this facility would be in an R25 zone. There are other issues to be addressed. There are no tremendous financial windfalls to the Village. The Village must ask the question, "What is the BOARD OF TRUSTEES MEETINGS January 22,2013 Page 9of41 impact of the ice rink on the office park?" There is already 150,000 square feet of vacancies in the existing buildings. The uses are not compatible. This facility will detract from the business of the office park. This facility will eventually turn into a New Roc City. This is a huge application, and although the applicant has approval to construct an office building, things have changed tremendously over the past 20 years. Rye Brook is a different place than it was 20 years ago. The project has completely changed. There should be a supplementary EIS conducted. Mr. Davis stated that SEQRA seems to have no meaning here. The effect to the character of the area has not been considered. All the Board has done is declared itself to be lead agency under SEQRA. Attorney Davis asked why hold a public hearing without the facts? You don't have the hearing and then discuss the facts. Mr. Davis claimed that things are not being done in the right order. He felt that the Board was jumping the gun. This is not a permitted use. Four members of the Planning Board thought that this application changed the character of the neighborhood. He said that the Board should slow down the process and examine all issues. An application has been made to the Zoning Board of Appeals and will be heard on March 5th. This matter should be shut down until the ZBA makes its determination. Rob Striar of 38 BelleFair Road was next to address the Board. He noted that when this program was first proposed he thought it was a good idea, having been involved with hockey for the better part of his life. But the size and scope of this rink is overwhelming. This would be the largest rink on the East Coast. There will be a massive amount of traffic and people coming into the area. The owners have nothing vested in the area. This is a very small, very quiet community. This project will bring with it a change to this community. Mr. Ron Kuntzman of 16 Reunion Road, BelleFair, addressed the Board. Residents knew that there was going to be an office building on this property but now a hockey arena is being proposed. The traffic is a great concern. Tournaments with 48 teams and 8 tournaments per year will generate a lot of traffic. The approved office building would be similar to the other buildings — in at 8:30 and out at 5:00. But now adding an additional 500 cars is a traffic disaster. Tournaments take time. Mayor Feinstein stated that the tournaments would run 8 weekends out of the year. Mr. Kuntzman noted that there was a meeting at BelleFair last week and a presentation was made and no one mentioned the 1200 seats until someone actually asked about them. When the seats are built — you expect to fill them. He asked the applicant, "If you lived here would you want an ice BOARD OF TRUSTEES MEETINGS January 22,2013 Page 10 of 41 hockey arena right next door? What do you think this will mean to the community?" There is a different decorum between people who are working in an office building and teenagers. The residents are worried about the tournaments. Residents are also worried about the possibility of liquor being served. Although no determination has been made, it could be a future possibility. Even if liquor is not served, there is always the problem of people bringing their own liquor. Mr. Kuntzman asked that the Board not destroy a community for extra tax money. Barbara Berk from Doral Greens stated that she was all for hockey. Her children played hockey and her grandchildren play, but this arena is misconceived and misplaced. Rye Brook is a residential community. Reckson claims to be a good neighbor, and they have been up until now. Reckson can't look at this and say this is a good deal because they are changing Rye Brook. She felt that it was unfair of Reckson to not take into consideration the neighbors. It didn't make sense to construct 1200 seats for 500 fans; 500 seats should be constructed. The liquor issue is a problem. Traffic is an issue. The lights are a problem. This facility is not park like and it doesn't belong here. Brad Hamburger of 76 BelleFair Road stated that the computer simulations the applicant presented are great, but what it looks like is not really the issue. An office park is 9:00 to 5:00 and people going to and from work are very respectful. This is a mega-ice rink that will go on for 18 hours per day and that will change the character of the residential neighborhood. The liquor issue is a key issue. He felt that a new traffic study needed to be done, along with a complete environmental study. Every player after the game is good for at least one beer after the game. Part of the culture of hockey is hanging out after the game. Mayor Feinstein noted that the Village's Consultants reviewed and commented on all of the studies. Diane Fox, representative from the Town of Greenwich, addressed the Board. She noted that First Selectman Peter Tesei could not attend this evening. She noted that the First Selectman requested that the public hearing be left open. It was suggested that Lincoln Avenue through SUNY be used for the emergency access; King Street is a highly trafficked area. Ms. Fox stated that the applicant's responses were just received this past Friday and no one has had the time to review and comment on them. Greenwich attempted to locate a similar facility for comparison and they could not find another hockey facility without an eating area. The one in Pennsylvania has two restaurants and two parry rinks. In 1997 this facility BOARD OF TRUSTEES MEETINGS January 22,2013 Page 11 of 41 was built and expanded in 2001. Is there a chance that this four rink facility will also expand? There is an additional 140,000 square feet of developmental area. Ms. Fox also noted that the traffic study was not appropriate. The traffic generation was based on office uses. There are many significant issues to be addressed. Marcia Teschner of Doral Greens, and the Chair of the Airport Council, waived her time. Allen Williams of 1400 King Street noted that he represented the Northwest Greenwich Association, a homeowners association. Their board met this morning and is against the enormity of the project, the impact to traffic on King Street, and has public safety concerns. It takes 12 to 22 minutes for current fire houses to get to King Street. Additional traffic will cause additional delays. He felt that the traffic study that was conducted was unrealistic. Greenwich holds three games at the Brunswick School and the 60 to 70 cars jam up the traffic. Traffic should be looked at in September and October. Adding just 100 additional cars will clog up the entire King Street area. People will start to find alternative routes and that would be through Greenwich. The weight limit on Riversville Road is 6 tons. Fire trucks cannot use this street. King Street is Greenwich's life line for protection. Dick Hubert of 53 Doral Greens West discussed his experiences as a hockey parent. These types of facilities are usually in industrial parks or light industrial parks. Rye Brook is primarily residential and it is surprising that Rye Brook is considering this type of facility. Robert Richardson and Christine D'Amico of the King Merritt Community in Greenwich, addressed the Board. Christine D'Amico is the President of the King Merritt Association. They stated that they were opposed to this facility. It would be a disaster for Rye Brook and the Town of Greenwich. This is no place for this type of facility. With the exception of SUNY Purchase, this property is surrounded by residential areas. There are existing traffic problems that would be made worse. This type of facility will put a strain on the emergency facilities. There is a flaw in the process as there has been no EIS since 1986; and that was a long time ago. This project deserves at least a Supplemental Review if not a full blown review. Mr. Richardson took issue about the paper road and felt that terminating the easement would be premature. This matter could help solve the traffic problems for King Street. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 12 of 41 Attorney Null noted that this roadway was demapped at High Point Hospital and Doral Greens. It is a dotted line area on the subdivision map and it ends at Doral Greens and is blocked by office buildings. Renee Slade of 22 Reunion Road did not understand why this meeting was being held. The Village Board's job is to ensure the quality of life of all residents. Rye Brook is on top of every issue that arises from the airport. Reckson made a presentation at BelleFair. The entire meeting took about 45 minutes to an hour. In 45 minutes the decision was made by the residents — this project should not move forward. There is nothing in the proposal that would be of benefit to the community. Reckson can't make money on building an office complex but that does not give them the right to do anything that would destroy the quality of life of the residents of Rye Brook, Greenwich, and Harrison. This meeting shouldn't be taking place. The Board of Trustees should have read the proposal and reacted to this project by saying no. Reckson should be more community friendly and not make money at the expense of their neighbors. Peter Raider of 20 Reunion Road, BelleFair, addressed the Board. He noted that in 1981 when Rye Brook was being formed there was a plan for the community. Tax dollars would stay in the community, and the Village would control construction within our borders. This was a quality of life decision. Initially he thought that this project would be great. It means ice time for our children. There are tax benefits. But after reviewing the project he felt that it was clearly not suitable for this site. The upper King Street corridor is a nightmare at 3:00. The applicant's traffic study is flawed. He asked that the Village Board stop this project now as it would be a detraction to the Village, will change the quality of life of its residents, and will lower the value of the homes. Adam Vickers of 23 Heirloom Drive, BelleFair, and the President of the Homeowners Association, addressed the Board. He stated that he attended all of the Planning Board meetings and initially he was for this project. The thought of additional tax dollars was a plus. He stated that he understood the situation Reckson found themselves in. However, the residents of BelleFair must be considered. Air, noise and environmental impacts must be considered. The most pressing issue is the effect to the traffic on King Street. The residents of BelleFair are connected to other communities by King Street . The traffic studies do not adequately depict the traffic. King Street, a state road, is already congested. Local ice facilities in the area are serviced by four lane roads that lead up to them. King Street only provides two lanes. The Westchester County Center is serviced by an eight lane road — and there are often traffic back-ups of traffic. This facility was BOARD OF TRUSTEES MEETINGS January 22,2013 Page 13 of 41 proposed with the noblest of intentions, but Rye Brook is a small Village and is not the place for this type of facility. Nicholas Lyras, of 9 Doral Greens Drive West, waived his time to speak. Dorothy Roer of 50 Doral Greens West asked that the Village adhere to the Zoning Code. The area in question has been designated an OB 1 Zone and it is sandwiched between two residential zones. The proposal now before the Board is a distinctly different use. It does not meet the intent or requirements to be issued a special use permit. This would set an unacceptable precedent. Glenn Shapiro of 70 BelleFair Road noted that most of the comments he intended on making were redundant. He did point out that if the plan to hold seven or eight tournaments per year changes the applicant does not need to come back to the Board. He asked if the Village Board had the power to impose a limit. Mayor Feinstein noted that approvals can be conditioned. Samad Namin of 43 High Point Circle stated that this project would have a direct effect on the quality of life of the residents. There are noise and traffic issues to be taken into account. As a physician he has noted that in an emergency in the geriatric facility ambulance and fire trucks often are stuck in traffic on King Street. Adding 200 to 300 cars to King Street creates a public safety issue. Reckson made promises when they installed their generators adjacent to his home and none of the promises were kept. Nat Parish of 297 Knollwood Road, White Plains had signed the Sign-In Sheet but was no longer in attendance when Mayor Feinstein called his name. Jeff Penn of 47 High Point Circle asked that the Board take into account the lighting for the parking lots. Hockey is a winter sport and the trees don't screen in the winter. Safety is a major concern. People often cut through his backyard to get to the BelleFair Market now, and he was concerned that this would increase if the facility was built. He also noted that the tournaments were a big concern. There could potentially be a tournament every weekend. There is the current plan — but incremental applications are much easier to get approved. Rich Ellenbogen of 55 Steve Road in Pelham had also left prior to the Mayor calling upon him for comments. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 14 of 41 Eli Chalfin of 32 Meadowlark Road addressed the Board. He felt that he was a positive voice as a hockey parent who has been to every rink. The biggest issue is the traffic, which is a legitimate concern. All hockey parents do not tailgate and get drunk in the parking lot. Hockey parents are extremely respectful. Older players that do want to have a drink after the game go to the local pub. This facility is geared towards youth hockey. Manhattanville College has two great teams. Local high schools have or need ice hockey teams — and they all need ice time. No one is talking about the benefits to the hotels and restaurants in the area, or about people contributing to the tax base. This is a low impact project with the exception of traffic. Perhaps the owners would consider bringing the facility down to a two rink facility. The Board can impose a no liquor condition. The Village's soccer tournament includes 1000 teams and they play on the King Street fields, which have been a huge boom to the community. Daniel Rothbert, a resident of Bayberry Lane of the Arbors, addressed the Board. He stated that traffic is a concern, and he agreed that the traffic studies were not inclusive enough. This rink will make a transformation in Rye Brook, and it will also increase commerce. This rink is a change. Rosemary Schlank of 9 Bayberry Lane stated that she sent a letter to the Planning Board and the Board of Trustees. She felt that there were three main points. The first was the need for a traffic study. The second was the quality of life issues are not being addressed and these are not frivolous issues. Our community and government should strive for excellence. Quality of life in all areas should be as good as they can be. The third point was to stay the course. Be true to the values and vision. The economic consequences of the rinks are hard to judge. No one wants to see more traffic or see King Street widened. She noted that the residents were opposing the rinks, and not Reckson. Mayor Feinstein noted that the Village's Consultants were in attendance. Reckson and the applicant has heard the concerns from the community. Everyone agrees that traffic is a big concern, and that noise, lighting, environmental concerns all must be addressed, but the traffic issue is pivotal. She was concerned about 1200 seats and stated that she wanted to know the impacts. She also wanted to know what other groups would be using the rinks, and when these events would take place. Trustee Paul Rosenberg thanked everyone for coming out this evening. He agreed that traffic needs additional review. He noted that he keeps hearing that this is potentially part one of this development. He also keeps hearing BOARD OF TRUSTEES MEETINGS January 22,2013 Page 15 of 41 that down the road there may be something else. There have been rumors about liquor being served. He stated that he would never approve an application that called for a liquor license. Attorney Null noted that a 280,000 square foot office building has been proposed and this facility will leave another 15 acres of land that has the potential for development. Trustee Rosenberg asked how this facility would benefit the Village of Rye Brook, and how it would help the Rye Brook Recreation Program, the Blind Brook School District and the Port Chester School District. Attorney Null noted that the applicant is willing to work with the Village and School Districts to see what can be done. Trustee Rosenberg asked if there would be no tolerance. The Village can affix reasonable and rational conditions to the approval. Reckson has been a very valuable participant, a meaningful part of Rye Brook, and a good citizen. Trustee Rosenberg noted that the chillers on the building were discussed. He suggested that the equipment proposed to be built on the ground be moved to the roof. Attorney Null said that the impact is less for the equipment on the ground versus being placed on the roof. Trustee Rosenberg felt that 1200 seats is too much. It doesn't add up given the number of tournaments. Attorney Null stated that further review would be given to this area. A significant amount of time to discuss traffic must be set aside. Trustee Toby Marrow also expressed her concerned about the traffic studies. Trustee David Heiser pointed out that many of the discussions keep going back to traffic. He stated that he needed more information as to the impact on traffic on King Street. Mayor Feinstein thanked everyone for attending and for being patient. There are many outstanding issues. The EMS representatives are reaching out to similar facilities and trying to understand the data. The Village Board is doing its due diligence. She called for a motion to adjourn the public hearing. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 16 of 41 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was adjourned to the February 12, 2013 meeting of the Board of Trustees. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for a brief break. Upon the Board's return, Mayor Feinstein called for the second public hearing on the agenda. 2) PUBLIC HEARING TO CONSIDER A FIRE PROTECTION AGREEMENT WITH THE VILLAGE OF PORT CHESTER On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public hearing was declared open. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury gave an overview. He noted that Rye Brook has been in negotiations with the Village of Port Chester for fire protection. The proposed agreement is a five-year agreement. There is public hearing scheduled for February 4th in Port Chester. Fire Companies have signed off on the agreement. This agreement would come into effect on June 1St. The relationship with Port Chester is an excellent one. Recently there was a fire in Rye Brook on Lincoln Avenue. The response was quick and thorough, and phenomenal. Rye Brook looks forward to hearing the results of Port Chester's public hearing. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 17 of 41 Trustee Rosenberg thanked Mayor Pillar and the Port Chester Board of Trustees. The fire services are superior. Trustee Jeffrey Rednick thanked the volunteer fire fighters. He noted that the collaboration is amazing. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to close the public hearing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was closed. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: 1) CONSIDERING A FIRE PROTECTION AGREEMENT WITH THE VILLAGE OF PORT CHESTER Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A FIVE (5)YEAR RENEWAL OF A FIRE PROTECTION AGREEMENT WITH THE VILLAGE OF PORT CHESTER WHEREAS, the Board of Trustees is considering entering into a five (5) year renewal of a fire protection agreement with the Village of Port Chester; and WHEREAS, the Board of Trustees of the Village of Rye Brook opened a public hearing on January 22, 2013 to consider a five (5) year renewal of the fire protection agreement at which time all persons interested were given an BOARD OF TRUSTEES MEETINGS January 22,2013 Page 18 of 41 opportunity to speak on behalf of or in opposition to said fire protection agreement and the public hearing was closed on January 22, 2013. NOW THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves a five (5) year renewal of a fire protection agreement with the Village of Port Chester; and be it FURTHER RESOLVED, the Mayor and Administrator are hereby authorized to execute and deliver all necessary documents for the purpose of entering into the fire protection renewal agreement with the Village of Port Chester. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 1) CONSIDERING AN AMENDED SITE PLAN APPLICATION BY K&M REALTY GROUP,LTD FOR PROPERTY LOCATED ON BOWMAN AVENUE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERATION OF AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN APPLICATION BY K&M REALTY GROUP, LTD FOR PROPERTY LOCATED ON BOWMAN AVENUE WHEREAS, the Board of Trustees is in receipt of an application by K&M Realty Group, Ltd. for approval of an amended site plan to increase the density from 10 dwelling units to 18 dwelling units on property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 and 141.26-1-1 on the Town of Rye BOARD OF TRUSTEES MEETINGS January 22,2013 Page 19 of 41 Tax Map and located in the C1 Zoning District and the Scenic Roads Overlay District; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Site Plan Application revised 4/18/12 2. Site Plan Submittal Review Check List revised 4/18/12 3. Full Environmental Assessment Form (Part 1) revised 6/26/12 4. Traffic Generation Letter to the Planning Board from John Meyer Consulting, P.C., Armonk, N.Y. dated July 12, 2012 5. Traffic Generation Letter to the Planning Board from John Meyer Consulting, P.C., Armonk, N.Y. dated June 27, 2012 6. Draft Parking Analysis Memorandum to Frederick P. Clark Associates from John Meyer Consulting, P.C., Armonk, N.Y. dated July 16, 2012 7. Letter to the Planning Board from John Meyer Consulting, P.C., Armonk, N.Y. dated September 27, 2012 8. Memorandum regarding School-Aged Children Projections to Frederick P. Clark Associates from John Meyer Consulting, P.C., Armonk, N.Y. dated August 30, 2012 9. Memorandum to Frederick P. Clark Associates from John Meyer Consulting, P.C., Armonk, N.Y. dated August 31, 2012 10. Memorandum to Frederick P. Clark Associates from John Meyer Consulting, P.C., Armonk, N.Y. dated July 12, 2012 11. Memorandum regarding Updated Flood Plain Information to Mr. Kip Konigsberg from John Meyer Consulting, P.C., Armonk, N.Y. dated June 27, 2012 12. Memorandum regarding the List of Permits and Approvals Required from John Meyer Consulting, P.C., Armonk, N.Y. dated July 12, 2012 13. Memorandum regarding the List of Permits and Approvals Required from John Meyer Consulting, P.C., Armonk, N.Y. dated June 26, 2012 14. Memorandum regarding the List of Interested Agencies from John Meyer Consulting, P.C., Armonk,N.Y. dated July 12, 2012 15. Memorandum regarding the List of Interested Agencies from John Meyer Consulting, P.C., Armonk,N.Y. dated June 26, 2012 16. Building Plans, Sections and Elevations, prepared by Taylored Building Solutions, Taylor P.A., dated August 28, 2011 and August 30, 2011 17. Wetlands Determination Report prepared by Evans Associates, Bethany, C.T. dated June 22, 2012 18. Letter from United Water Westchester to John Meyer Consulting, Armonk, N.Y., dated June 24, 2012 19. Letter from the Harrison Central School District to Mr. Kip Konigsberg dated June 20, 2012 BOARD OF TRUSTEES MEETINGS January 22,2013 Page 20 of 41 20. Letter to the Rye Brook Planning Board from Kip Konigsberg, Purchase, N.Y. dated June 25, 2012 21. Letter to the Rye Brook Village Administrator from Kip Konigsberg, Purchase, N.Y. dated March 15, 2012 22. Memorandum regarding Emergency Services Review from the Rye Brook Building and Fire Inspector dated July 20, 2012 23. Memorandum regarding Emergency Services Review from the Rye Brook Building and Fire Inspector dated November 9, 2012 24. Zoning Memorandum to the Village Board of Trustees from the Rye Brook Building and Fire Inspector dated April 30, 2012 25. Zoning Memorandum to the Village Board of Trustees from the Rye Brook Building and Fire Inspector dated March 26, 2012 26. Letter regarding Frontage, Right-of-Way and Highway Takings to the Rye Brook Building and Fire Inspector from John Meyer Consulting, Armonk, N.Y. dated September 19, 2012 27. Letter regarding ESTF Review to the Rye Brook Building and Fire Inspector from John Meyer Consulting, Armonk, N.Y. dated August 31, 2012 28. Memorandum to the Village of Rye Brook Planning Board from Dolph Rotfeld Engineering, P.C. dated October 8, 2012 29. Letter from Kip Konigsberg to the Honorable Joan L. Feinstein and the Members of the Board of Trustees dated October 28, 2012 30. Letter from Kip Konigsberg to the Honorable Joan L. Feinstein and the Members of the Board of Trustees dated November 19, 2012 31. Memorandum to the Village Board of Trustees from Dolph Rotfeld Engineering P.C. dated November 20, 2012 32. Letter from Kip Konigsberg to Honorable Joan L. Feinstein and the Members of the Board of Trustees dated November 21, 2012 33. Memorandum to Village Administrator Christopher J. Bradbury from Dolph Rotfeld Engineering, P.C. dated December 6, 2012 34. Memorandum to the Village Planning Board from Frederick P. Clark Associates, Inc. dated June 14, 2012; July 11, 2012; September 21, 2012; and October 5, 2012 35. Engineer's Site Plans prepared by John Meyer Consulting, Armonk, N.Y.: Sheet Number Sheet Title Dated M-1 Cover Sheet 4/7/06 rev. 7/12/12 M-2 Existing Conditions/Wetlands Delineation 4/7/06 rev. 9/27/12 M-2A Overall Site Plan 1/10/07 rev. 4/18/12 M-3 Layout Plan 4/7/06 rev. 9/27/12 M-3A Layout Plan (Strip) 5/30/07 rev. 3/7/12 M-3B Open Space Plan 4/24/12 BOARD OF TRUSTEES MEETINGS January 22,2013 Page 21 of 41 M-4 Grading Plan 4/7/06 rev. 9/27/12 M-4A Grading Plan (Strip) 5/30/07 rev. 3/7/12 M-5 Utilities Plan 4/27/06 rev. 8/29/12 M-6 Sediment and Erosion Control/Water Quality Mitigation Plan 4/7/06 rev. 4/18/12 M-6A Sediment and Erosion Control/Water Quality Mitigation Plan (Strip) 5/30/07 rev. 3/7/12 M-7 Landscaping Plan 4/7/06 rev. 12/7/12 M-7A Landscaping Plan (Strip) 5/30/07 rev. 3/7/12 M-7B Lighting Plan 4/7/06 rev. 4/18/12 M-8 Site Details 4/7/06 rev. 3/7/12 M-9 Site Details 4/7/06 rev. 3/7/12 M-10 Site Details 4/7/06 rev. 3/7/12 M-11 Site Details 4/7/06 rev. 3/7/12 M-12 Site Details 12/6/06 rev. 3/7/12 M-13 Utility Profiles 2/8/07 rev. 3/7/12 M-14 Miscellaneous Figures 3/7/07 rev. 3/7/12 M-15 Resolutions 6/23/08 rev. 3/7/12 SU-1 Survey of Property 11/19/93 rev. 10/21/08 WHEREAS, site plan approval was previously granted by the Board of Trustees on July 24, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act ("SEQRA") on December 16, 2006 following the preparation of a Draft Environmental Impact Statement and Final Environmental Impact Statement; and WHEREAS, on May 8, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review; WHEREAS, on May 8, 2012 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, on September 17, 2012 the application was referred to the Westchester County Department of Planning; and WHEREAS, on September 18, 2012 Notice of Intent to Declare Lead Agency was distributed to all Involved agencies; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated October 11, 2012; and BOARD OF TRUSTEES MEETINGS January 22,2013 Page 22 of 41 WHEREAS, the Westchester County Department of Planning issued comments dated October 15, 2012 and the Board of Trustees notes the following with respect to Westchester County's comments: 1. Comment #1 - The Board of Trustees and Planning Board has similarly encouraged the Applicant to set aside of portion of the units as affordable housing, however, according to the Applicant affordable housing has been explored but is not feasible; 2. Comment #2 — The Board of Trustees notes that the development plan for the passive park on the "strip" portion of the property (Parcel ID 141.26-1-1) was previously approved by the Board of Trustees in 2007 and the only modification currently proposed is the reconfiguration of the proposed Emergency Boat Launch. The Board of Trustees further notes that shared parking at the Rye Ridge Shopping Center, as recommended by the County, would not be preferable to the Village as the Rye Ridge Shopping Center is private property and the number of parking spaces at the Rye Ridge Shopping Center is currently nonconforming. 3. Comment #3 — Approval of the project will be conditioned upon the submittal of a final, detailed monitoring and maintenance plan for all stormwater management facilities to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. 4. Comment #4 — Comment noted. Approval from Westchester County Department of Public Works and Transportation for a curb cut on Bowman Avenue is required. 5. Comment #5 — Comment noted. Although the Applicant obtained a Stream Control Permit from Westchester County Department of Public Works and Transportation in connection with the Site Plan approved by the Board of Trustees in 2007, the Applicant must reapply for a Stream Control Permit in connection with this Amended Site Plan application. 6. Comment #6 — The sewage flows generated by the Amended Site Plan are projected to be less than the sewage flows projected in connection with the Site Plan approved in 2007. Nonetheless, the Applicant has offered to contribute $50 per dwelling unit toward a future inflow and infiltration study in the Village. 7. Comment #7 — The Applicant will revise plans to include a bike rack or similar bike parking area. WHEREAS, the New York State Department of Environmental Conservation issued comments dated October 15, 2012 and the Village has confirmed with New York State Department of Environmental Conservation that the existing SPDES Permit remains valid and will apply to the improvements proposed in connection with this Amended Site Plan application; and BOARD OF TRUSTEES MEETINGS January 22,2013 Page 23 of 41 WHEREAS, on November 9, 2012 the application was referred to the Town/Village of Harrison and the City of Rye pursuant to General Municipal Law §239-nn; and WHEREAS, on November 13, 2012, the Board of Trustees opened a public hearing on the subject site plan application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on December 11, 2012; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be Lead Agency for the Project pursuant to SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby determines that, based upon the information stated in the EAF and supplemental information regarding impacts related to traffic, generation of school-age children, parking, municipal services, stormwater management, aesthetics and other relevant environmental impacts, the Project will not result in any significant adverse environmental impacts not addressed or inadequately addressed in the environmental review of the Site Plan approved by the Board of Trustees in July 2007 and therefore, the Project does not require the preparation of a Supplemental Environmental Impact Statement; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information, and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan application referenced herein, upon the following conditions: 1. Prior to the issuance of a building permit, the Applicant shall submit the site plans to Westchester County Department of Health, Westchester County Department of Public Works and Transportation, New York State Department of Environmental Conservation, United States Army Corps of Engineers and United Water Westchester for review and issuance of any and all necessary approvals. Satisfaction of this condition shall be determined by the Village Attorney. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 24 of 41 2. Prior to the issuance of a building permit, the Landscape Plan shall be revised to the satisfaction of the Village Planning Consultant in accordance with the following comments in the Village Planning Consultant's email memorandum, dated November 15, 2012: a. Comment #1: Remove the two non-native, invasive plant species, Rosa Rugosa and Vinca Minor, specified on Sheet M-7 and replace them with two native non-invasive species. b. Comment #3: The number of native evergreens and the number of non-native Austrian Pines should be adjusted so that 2/3 of the large evergreens in the planting plan are native species. c. Comment 5: Provide planting plans for the planting beds in front of Buildings 5 and 6, and Building 7. 3. Consistent with comments from Westchester County set forth in its memorandum dated October 15, 2012, to offset projected increases in sewage flows from this site into existing infrastructure, including adding volume of sewage flow requiring treatment at one of the treatment plans operated by Westchester County, the Applicant has offered to contribute and shall contribute $50 per dwelling unit toward a future inflow and infiltration study in the Village. 4. A copy of this resolution shall be attached to the building permit application. 5. Conditions of approval for development are as follows: BOARD OF TRUSTEES MEETINGS January 22,2013 Page 25 of 41 a. Construction of basements, now and in the future shall be prohibited. Garages and attics shall not be converted to habitable areas. b. Parking shall be prohibited along the entire access road and all travel aisles. It shall be the responsibility of the Applicant and subsequently the Homeowners Association to place and maintain appropriate traffic regulation signage and enforce the "no parking" rules. c. Additional building bulk or structures of any kind (including, but not limited to additions to buildings, decks, enlargement of patios or walkways, or placement of sheds or other accessory structures) shall be prohibited by deed restriction and/or other appropriate measures subject to prior written approval by Village Counsel. The foregoing shall not include repairs or rebuilding as originally approved. d. Provision of a final Tree Preservation and Protection Plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. e. Issuance of a Steep Slopes Work Permit and a Permit to Perform Regulated Activities in a Wetland by the Village of Rye Brook Planning Board. f. Provision of a final landscape plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 26 of 41 g. Provision of a Final Stormwater Management Plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. h. Provision of a Final Erosion and Sediment Control Plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. i. Provision of a final, detailed monitoring and maintenance plan for all wetland buffer and steep slope plantings to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and replace any and all wetland buffer plantings and steep slopes plantings to comply with the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. j. Provision of a final, detailed monitoring and maintenance plan for all stormwater management facilities to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all stormwater management structures and appurtenances in accordance with the approved plans to insure the proposed stormwater management facilities function to the standards and objectives of the Village of BOARD OF TRUSTEES MEETINGS January 22,2013 Page 27 of 41 Rye Brook stormwater management ordinance and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. k. Provision of a final, detailed monitoring and maintenance plan for all steep slope rip-rap or other stabilization construction to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and be responsible for monitoring and maintaining the stability of steep slopes on the property to the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. 1. The monitoring and maintenance of all stormwater management facilities, wetland buffer and steep slopes plantings and rip rap or other stabilization construction required by the conditions of this resolution that are to be the responsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan, subject to the prior written approval of the Village Attorney. in. Provision of a final construction management plan for the entire site prior to granting of a building permit that includes specific times and routes for trucks carting material to and from the site, including potential truck routes, number of trucks, number of trips, dust and noise mitigation measures and coordination with the Port BOARD OF TRUSTEES MEETINGS January 22,2013 Page 28 of 41 Chester Middle School schedule to avoid traffic conflicts during school arrival and dismissal times for approval by the Village Engineer/Superintendent of Public Works, fire, and police services and any other consultants determined to be necessary by the Village Engineer/Superintendent of Public Works. Work shall be staged to minimize the number of trucks present at the site at any one time. n. Use of a turbidity curtain during construction and/or any other method or methods determined to be necessary by the Village Engineer/Superintendent of Public Works, consultants or other approving agencies, to prevent migration of silt into the water environment surrounding the site. o. The Applicant, its successors or assigns, shall include text acceptable to the Village Attorney in the Offering Plan for the proposed Condominium or Homeowner's Association, advising prospective purchasers of conditions 5(a) to (c) and (i) to (1), (q), (s), (t), (u). There shall be no amendments to the Offering Plan, by-laws or Rules and Regulations concerning items 5(a) to (c); (i) to (1), (q), (s), (t), (u) of this Resolution without prior approval of the Village Board of Trustees. p. The Applicant, its successors or assigns, shall include language acceptable to the Village Attorney in the deeds to the individual units concerning conditions 5(a) and 5(c). q. Placement of a 35-foot wide permanent conservation easement on the Peninsula running parallel to the front property line along the entire Bowman Avenue frontage of the Peninsula to preserve the landscape buffer created on the Peninsula pursuant to BOARD OF TRUSTEES MEETINGS January 22,2013 Page 29 of 41 the requirements of the Scenic Roads Overlay District. The Applicant shall provide the conservation easement for review and approval by the Village Board of Trustees prior to the issuance of a building permit. Landscaping installed between the Bowman Avenue right-of-way and the residential units within the conservation easement shall be maintained, according to the requirements of the conservation easement, by the Applicant and thereafter by the Condominium Board or Homeowners Association. r. Installation of a landscape buffer along the Bowman Avenue frontage of the Peninsula sufficient to screen views of the buildings from the street, to the satisfaction of the Village Engineer and/or Consultants. s. No activity of any type shall be permitted on rip-rap steep slopes except required maintenance. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board. t. Construction of docks or any other structures extending into the watercourse or pond shall be prohibited. u. Swimming, boating, fishing or other water related recreational activities shall be prohibited. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board and included in the Condominium's Offering Plan, By-Laws and Rules and Regulations. v. Construction traffic shall be scheduled to avoid generation of construction related BOARD OF TRUSTEES MEETINGS January 22,2013 Page 30 of 41 traffic that coincides with roadway peak hours. w. The property shall be apportioned into two lots as delineated by the existing tax lots 1-1 and 1-1.1 by the Village, if the Village determines in its sole discretion to receive the strip (Lot 1-1) as a passive public park. x. Construction of all improvements to the Strip (Lot 1-1) as shown on the Site Plan approved by the Board of Trustees by Resolution dated July 24, 2007 and as amended by the Site Plan approved herein, shall be completed prior to offering the Strip for dedication to the Village and within eighteen (18) months of the issuance of the first Building Permit for the eighteen residential units on the Peninsula or prior to issuance of the last residential Certificate of Occupancy, whichever occurs earlier. Y- Prior to the issuance of any building permits, a 100% performance bond shall be submitted in a sum determined by the Village Engineer/Superintendent of Public Works and shall be furnished to and accepted by the Village, to guarantee the satisfactory and complete installation and construction of all infrastructure and public improvements, as determined appropriate by the Village Engineer/Superintendent of Public Works, for the Peninsula, including landscaping, sewage, water, drainage, roads, sediment and erosion control measures, sidewalks, stormwater detention, and watercourse buffer mitigation approved as to form by the Village Attorney. Z. The Applicant shall provide to the Village, a landscape maintenance bond in the amount of which is to be determined by the Village Engineer/Superintendent of BOARD OF TRUSTEES MEETINGS January 22,2013 Page 31 of 41 Public Works in a form satisfactory to the Village Attorney. A bond with a minimum term of two years commencing upon the issuance of the 8th certificate of occupancy shall be posted for the maintenance of general site landscaping, the landscaping to thereafter be maintained and replaced as necessary. 6. Amended Site Plan approval shall expire one year from the date of this resolution. Upon written request, the Board of Trustees may extend the expiration date for additional periods of time, each such period not exceeding six months, upon good cause shown. BE IT FURTHER RESOLVED, that the approval granted herein shall become null and void if the Applicant does not pay to the Village all applicable fees and professional review fees incurred in connection with review of this Application within 45 days following the date of this resolution. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the vote on the resolution was called. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting No Mayor Joan L. Feinstein Voting No 3) CONSIDERING REFERRING AN APPLICATION BY SOULCYCLE C/O LUBA SENATOROVA FOR APPROVAL OF AN AMENDED SITE PLAN TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: BOARD OF TRUSTEES MEETINGS January 22,2013 Page 32 of 41 RESOLUTION CONSIDERING REFERRING AN APPLICATION BY SOUL CYCLE C/O LUBASENATOROVA FOR APPROVAL OF AN AMENDED SITE PLAN TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is in receipt of an application by Soul Cycle c/o Luba Senatorova ("Applicant") on behalf of property owner Win Ridge Realty, LLC for approval of an Amended Site Plan for property located at 24 Rye Ridge Plaza in the Rye Ridge Shopping Center, designated as Parcel ID 141.27-1- 6 on the Town of Rye Tax Map and located in the C1-P Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for approval of an Amended Site Plan to the Planning Board for report and recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the Amended Site Plan application shall be referred to Westchester County Department of Planning no less than 30 days prior to the public hearing concerning the application, and that, pursuant to General Municipal Law §239-nn, the Amended Site Plan application shall be referred to the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. Mayor Feinstein noted that this resolution was for a referral to the Planning Board. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye BOARD OF TRUSTEES MEETINGS January 22,2013 Page 33 of 41 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING AN APPLICATION FOR THE REMOVAL OF SIGNIFICANT TREES AT 36 WOODLAND DRIVE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 36 WOODLAND DRIVE WHEREAS, Mr. Paul Montagna, the owner of 36 Woodland Drive, Rye Brook applied for a Tree Removal Permit for the following trees on said property on January 3, 2013: forty (40) inch dbh, seventy five (75) foot high Beech thirty-two (32) inch dbh, seventy eight (78) foot high Beech thirty (30) inch dbh, seventy five (75) foot high Beech WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said trees are considered Significant Trees. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Mr. Paul Montagna for the removal of the following: forty (40) inch dbh, seventy five (75) foot high Beech thirty-two (32) inch dbh, seventy eight (78) foot high Beech thirty (30) inch dbh, seventy five (75) foot high Beech; and be it FURTHER RESOLVED, Mr. Paul Montagna, the homeowner has proposed planting three (3) trees in the attached tree replanting plan. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 34 of 41 On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the resolution was opened for discussion. Mr. Michal Nowak, Superintendent of Public Works, noted that these trees are in poor condition. The weather has caused them to be in an advanced state of decay. Tests were done on one tree, and the decay was found to be extensive. Mr. Montagna noted this is a low area of Woodland Drive. There are 48 trees on the property and most are between 60 and 90 feet tall. Hurricane Sandy did a lot of damage. One of the neighbors is very worried about tree #4, and Tree #1 is a very large tree and could cause a great deal of damage if it falls. The applicant noted that once the trees are removed there will be room for the replanting plan of four trees, along with a donation to the Village Street Tree Fund for the remaining five trees. The fee is $125.00 per tree. The Board discussed the applicant's ability to plant the trees on his property, the option of making a donation to the Village Tree Fund, and the applicant's preference. The resolution was amended with respect to the replanting plan on a motion made by Trustee Rosenberg, and seconded by Trustee Rednick. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING AN APPLICATION FOR THE REMOVAL OF SIGNIFICANT TREES AT 34 WOODLAND DRIVE Mr. Bradbury read the following resolution: RESOLUTION BOARD OF TRUSTEES MEETINGS January 22,2013 Page 35 of 41 CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 34 WOODLAND DRIVE WHEREAS, Mr. Andy Pace, the owner of 34 Woodland Drive, Rye Brook applied for a Tree Removal Permit for the following trees on said property on January 3, 2013: thirty-four(34) inch dbh, sixty five (65) foot high Beech thirty-eight (38) inch dbh, sixty eight (68) foot high Beech WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said trees are considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Mr. Andy Pace for the removal of the following: thirty-four(34) inch dbh, sixty five (65) foot high Beech thirty-eight (38) inch dbh, sixty eight (68) foot high Beech ;and be it FURTHER RESOLVED, Mr. Andy Pace, the homeowner has proposed planting eight (8) trees in the attached tree replanting plan. Mr. Nowak, Superintendent of Public Works, spoke with the applicant who is in the hospital and unable to attend the meeting. The replanting plan was drafted as per this conversation. The 34" Beech tree is next to Mr. Montagna's property. This tree has severe structural decay. The second tree comes out of the ground on a 30 degree angle. This tree is approximately 70' and overhangs the backyard and the neighboring property. Mr. Nowak stated that he couldn't attest to what is happening underground to the roots. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye BOARD OF TRUSTEES MEETINGS January 22,2013 Page 36 of 41 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING ENTERING INTO AN AGREEMENT WITH ALL STAR MIDWAY FOR A CARNIVAL EVENT ON APRIL 12TH THROUGH 14TH Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ENTERING INTO AN AGREEMENT WITH ALL STAR MIDWAY FOR A CARNIVAL EVENT ON APRIL 12TH THROUGH 14TH WHEREAS, the Village of Rye Brook Parks and Recreation Department desires to hold a carnival featuring amusement rides, games and food from April 12th through April 14th ;and WHEREAS, Request for Proposal's (RFP) were solicited from various vendors and four (4) proposals were submitted; and WHEREAS, after review of the UP's by the Parks and Recreation Superintendent and the Village Administrator it was determined that All Star Midway of Port Jefferson Station, NY submitted the most desirable proposal. NOW, THEREFORE BE IT RESOLVED, that the Village is hereby authorized to enter into an agreement with All Star Midway of Port Jefferson Station, NY to run a carnival event for the Village of Rye Brook from April 12th through April 14th; and be it FURTHER RESOLVED, the agreement is subject to the approval of the village attorney for insurance and indemnification provisions; and be it FURTHER RESOLVED, the agreement is subject to approval of insurance and indemnification with 900 King Street and the Arbors Homeowners Association in a form acceptable to the village attorney; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to execute the agreement with All Star Midway. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 37 of 41 Mr. Bradbury noted that this is an event spearheaded by the Recreation Department. The Village Attorney will draft the documents in connection with using the adjacent parking lots. The Village will receive 35% of the gross receipts from the ride revenues. This event will be coinciding with the little league opening. The parade will be up Ridge Street and down King Street to the King Street fields. Trustee Marrow expressed concern of the use of Arbor Drive. Mr. Bradbury noted that the parking will be at 900 King Street. Mayor Feinstein thanked the Recreation Department and Council for their work on this event. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING THE USE OF VILLAGE ROADWAYS FOR THE WESTCHESTER COUNTY VOLUNTEER FIREMEN'S PARADE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE USE OF VILLAGE ROADWAYS FOR THE WESTCHESTER COUNTY VOLUNTEER FIREMEN'S PARADE WHEREAS, the Village of Rye Brook Board of Trustees supports the Westchester County Volunteer Firemen's Parade. NOW, THEREFORE, BE IT RESOLVED, that the Reliance Engine & Hose Co. #1 may use Village Roadways on Sunday, September 22, 2013 for the BOARD OF TRUSTEES MEETINGS January 22,2013 Page 38 of 41 Westchester County Volunteer Firemen's Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mr. Bradbury noted that this is a very big showcase type parade, and approximately 55 fire companies will participate On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 8) CONSIDERING RESCHEDULING THE MARCH 26, 2013 BOARD OF TRUSTEES MEETING TO MARCH 21,2013 Mayor Feinstein noted that the March 26th meeting falls on Passover and, therefore, the meeting would be moved to Thursday, March 21, 2013. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye BOARD OF TRUSTEES MEETINGS January 22,2013 Page 39 of 41 9) CONSIDERING THE APPROVAL OF MINUTES: SEPTEMBER 24, 2012; OCTOBER 17, 2012; NOVEMBER 13, 2012; DECEMBER 11, 2012 Mayor Feinstein asked that the November 27th summary be held over to the next meeting. She called for a vote on the September 24, 2012; October 17, 2012 and November 13, 2012 minutes. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for a vote on the December 11, 2012 summary. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Abstained Trustee Toby S. Marrow Abstained Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the Administrator's Report. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that charges have been made against the owners of AAA Carting. The Village is monitoring the contracts and the issue very closely. The licensing provisions are being reviewed. If AAA Carting's license if revoked then procedures must be reviewed and the Village would have six months to find another contractor. BOARD OF TRUSTEES MEETINGS January 22,2013 Page 40 of 41 Mr. Bradbury noted that the Christmas Tree pick ups are almost done. He also pointed out that Con Ed is working to correct temporary repairs done during Super storm Sandy on Westchester Avenue and Lincoln and Sunset. The work will be done this week. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for February 12 ' and February 26 '. Mayor Feinstein called for comments from the public. There being no one, she called for a motion to adjourn the meeting. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the meeting was adjourned at 11:35 p.m. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye BOARD OF TRUSTEES MEETINGS January 22,2013 Page 41 of 41