Loading...
HomeMy WebLinkAbout2013-02-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 26, 2013 AGENDA 7:00 P.M.—Considering a motion to go into Executive Session—Teamsters Negotiations. 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING: 1) Considering referring an application for a site plan amendment for Bowridge Commons to the Planning Board for Report and Recommendation REPORT: 1) Sketch Plan Application—Rye Town Hilton Senior Housing PUBLIC HEARINGS RESOLUTIONS: 1) Considering the appointment of a Caretaker 2) Considering setting a public hearing to consider an amended special permit and site plan for 66 Bowman Avenue Realty Corp. 3) Considering setting a public hearing to consider an amended site plan application by SoulCycle. 4) Considering the removal of a significant tree at 5 Arlington Place 5) Considering the removal of significant trees at 1 Eagles Bluff 6) Considering entering into a consulting agreement to perform planning services for the villages comprehensive plan Board of Trustees Meeting February 26,2013 Page 1 7) Considering entering into a consulting agreement to perform public outreach and coordination services related to the Village's comprehensive plan 8) Considering the appointment of a Comprehensive Plan Committee 9) Considering setting a public hearing to consider proposed local laws amending Chapter 209 and 250 of the Village Code regarding the Arbors PUD 10)Considering setting a public hearing to amend Chapter 4 of the Village Code regarding the Assistant Village Administrator 11)Considering the award of Bid 13-01 Village Hall Drainage Improvements and Emergency Generator Replacement. 12)Considering an inter-municipal agreement with Port Chester for salt brine services 13)Adopting local adjustments for homestead and non-homestead base proportions 14)Considering the approval of Minutes: January 8, 2013; January 22, 2013 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: March 12 & March 21, 2013 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein Board of Trustees Meeting February 26,2013 Page 2 STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator 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 Mayor Joan L. Feinstein welcomed everyone to the February 26, 2013 meeting of the Board of Trustees. She called for the first matter on the agenda: AFFORDABLE HOUSING: 1) CONSIDERING REFERRING AN APPLICATION FOR A SITE PLAN AMENDMENT FOR BOWRIDGE COMMONS TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Frank Madonna of Bowridge Commons noted that he was before the Board for a site plan amendment to the affordable housing units on Barber Place. The units receive Federal funding. Some of the funds are being held up, and receipt of these funds is uncertain. In order to mitigate some of the costs, the applicant is proposing a change to the stairways. Mr. Christopher Bradbury, Village Administrator, noted that the matter is on the agenda as it is being reviewed by Village Staff and Consultants, and should be reviewed by the Planning Board in March. The review by the Planning Board is the next step. Once the Board of Trustees has the Planning Board's referral, the Public Hearing can be set. Mayor Feinstein called for the resolution on this matter. Mr. Bradbury read the following resolution: RESOLUTION REFERRING AN APPLICATION FOR A SITE PLAN AMENDMENT FOR BOWRIDGE COMMONS TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Bowridge Commons LLC (Frank Madonna) has submitted an application for a Site Plan Amendment for an affordable housing development at property located at 80 Bowman Avenue, designated on the Tax Map as Section Board of Trustees Meeting February 26,2013 Page 3 141.27, Block 1, Lots 26, 31 and 32, and located in the Fair and Affordable Housing (FAH) Zoning District; and WHEREAS, the Board of Trustees has final Site Plan approval authority pursuant to § 209-1(A)(1); and WHEREAS, on November 27, 2012 the Board of Trustees adopted a local law rezoning the subject property from the C-1 Zoning District to the FAH Zoning District, granted Subdivision approval for the merger of Lots 26, 31 and 32, and granted Site Plan approval for the construction of eight (8) two-family attached affordable housing units; and WHEREAS, the Applicant is seeking an amendment of the previously approved Site Plan; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be an Unlisted Action and will proceed with an uncoordinated review pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for a Site Plan amendment 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.. 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 Board of Trustees Meeting February 26,2013 Page 4 Mayor Feinstein noted that several residents were in attendance for the matter of the appointment of a Caretaker. With the Board's consent, she called for this matter out of order from the agenda: RESOLUTION: 1) CONSIDERING THE APPOINTMENT OF A CARETAKER Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF CARETAKER RESOLVED, that Jesus Ricra of 543 Irving Avenue, Port Chester, New York is hereby appointed to the position of Caretaker with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $38,750 with an effective start date of February 27, 2013. Mr. Bradbury strongly recommended that the Village Board make this appointment. Mr. Ricra has been doing a great job, as evidenced by the turnout in support of his appointment. He has been working at the Village Hall and the AJP Community Center on a temporary basis. This appointment makes the position permanent. 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 Mr. Ricra thanked the Board for this opportunity. Board of Trustees Meeting February 26,2013 Page 5 Mayor Feinstein called for the presentation by the Westchester Hilton for a proposed application for Senior Housing. REPORT: 1) SKETCH PLAN APPLICATION — RYE TOWN HILTON SENIOR HOUSING Frank McCullough, of McCullough, Goldberger & Staudt, the legal representative for the applicant, addressed the Board. He noted that the applicant purchased this property a little over a year ago, and a major renovation has been completed. The applicant completed an analysis of the property and found that there may be potential for additional development on the site. The analysis shows the potential for the construction of 96 upscale housing units dedicated to senior/empty nesters. The location of these proposed units would be between the existing parking lots and Westchester Avenue. There would be no burden on the school system. A preliminary analysis has been prepared by VBH Engineering. The 96 units would be designed for seniors/empty nesters. This is an opportunity for people to stay in the community. It will be a tax generator. Having senior housing means no children so there is no burden on the school system. This would be the final build out on the site. The housing will have available to it certain amenities supplied by the Hilton — meals, exercise room, pool. This will ensure the long-term viability of the hotel. John Saccardi of VHB Engineering addressed the Board and made a power point presentation. The presentation included a visual of the property, what currently exists, what is proposed and the location of the proposed construction. This property is surrounded on three sides by residential properties, and the applicant believes that this plan is sensitive to those residents. The proposed plan includes an underground parking area and a four story building. The current parking lot would be relocated. The 96 units would be upscale units and the residents would be able to avail themselves of hotel amenities. No architect has been retained yet, but balloons were positioned on the site and photos were taken to show the height of the proposed building and visibility from the neighboring homes. Landscape, drainage, and storm water plans will be submitted as part of the application. A traffic study will also be completed. Mayor Feinstein noted that a previous plan presented to the Board for this property by the prior owners four years ago was not as sensitive as the current plan. This is an opportunity for seniors to downsize and stay in the Board of Trustees Meeting February 26,2013 Page 6 area. Having the hotel amenities at their disposal is a plus. The new plan includes underground parking and a four story building. The new plan would create a unified development. The tennis bubble, which is visually offensive and is located to the rear of residential homes, would be removed. Mr. Saccardi noted that there is a hodgepodge area on the side of the property where there is a trailer, the tennis bubble, and parking. This area, which is close to residential properties, can be improved. The applicant has taken into consideration noise and lighting issues. Trustee Paul Rosenberg noted that this plan is head and shoulders over the plan presented four years ago. The tennis bubble is quiet but valet parking and an event ending at 1:00 a.m. would create noise. This area would need heavy screening as it is very close to several residents. In addition, the Village would need to make sure that the Avon Circle residents are screened even though Avon is at a lower elevation. Mr. Saccardi noted that renderings will be created with leaf on and leaf off scenarios so that the Village can see the visual impacts. It was noted that these would be owner units. Trustee Rosenberg suggested a shuttle for the residents that would like to avail themselves of the Hotel's amenities, as well as shuttle service to the shopping centers and medical buildings. Mr. Saccardi stated that the applicant would consider this suggestion. Trustee Rosenberg noted this is a rocky site and construction would mean that there would be some blasting. Mr. Bradbury noted that the parking lot near Hidden Falls would be increased. Mr. Saccardi noted that there is an area behind the existing parking that will be used to expand the parking, but the parking will remain inside of the buffer area. Mr. Bradbury noted that this construction would require a zoning change. He stated that interesting enough the zoning for this property does allow housing, but not four story buildings. Housing on the site must be sensibly designed. This would be the first time in the Village's history that a four story residential building would be constructed. The building would be consistent with the hotel, and would have four stories above ground with parking underneath. It was noted that the area that the senior housing is proposed is a different elevation from the hotel. Mayor Feinstein noted that the owners of the Hotel have changed over time. Senior housing would give this property stability. The Rye Town Hilton is a very important amenity for this area and the proposed housing Board of Trustees Meeting February 26,2013 Page 7 will ensure the longevity of the hotel on this site. This is a conceptional plan, but there would be no further development on the property other than what is proposed. Mayor Feinstein noted that there are things about this plan that are very positive. This plan is in the initial stage. She called upon members of the public wishing to speak about the application. Helga Vernon of Lee Lane addressed the Board. Senior citizens walk, and Westchester Avenue is a busy street. She hoped that there would be sidewalks in this development. Mayor Feinstein noted that sidewalks and traffic patterns will be addressed during the process. Mayor Feinstein thanked the applicant for the presentation. She called for the next item on the agenda under Resolutions: 2) CONSIDERING SETTING A PUBLIC HEARING TO CONSIDER AN AMENDED SPECIAL PERMIT AND SITE PLAN FOR 66 BOWMAN AVENUE REALTY CORP. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR AN AMENDMENT OF A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 66 BOWMAN AVENUE WHEREAS, 66 Bowman Avenue Realty Corp. ("Applicant") has made an application to the Village of Rye Brook for approval of an amendment to a Special Use Permit and Site Plan to legalize existing offices and site plan modifications on property located in the R-2F Zoning District at 66 Bowman Avenue, Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Assessor's Map; and WHEREAS, on November 22, 2011 the Board of Trustees of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determined the proposed action to be an Unlisted Action with uncoordinated review; and WHEREAS, on November 22, 2011 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Board of Trustees Meeting February 26,2013 Page 8 Recommendation and to the Village of Rye Brook Zoning Board of Appeals for consideration of any necessary variances; and WHEREAS, on January 15, 2013 the Zoning Board of Appeals granted a variance from the maximum impervious surface coverage requirement and granted a variance from the minimum off-street parking space requirement; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated February 14, 2013; and WHEREAS, on February 22, 2013 the application was referred to the Westchester County Planning Board for notification purposes pursuant to New York State General Municipal Law and the Westchester County Administrative Code. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on March 21, 2013 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of an amended Special Use Permit and Site Plan for property located at 66 Bowman Avenue; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of the public hearing on the Amended Special Permit and Site Plan application shall be sent to the Village of Port Chester no less than 10 days prior to the public hearing concerning the application; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code. The architect for the applicant addressed the Board. This company started in 1998 with seven employees and now has grown to a company of seventeen employees. The applicant has been working with Village Consultants and Staff and the next step is the Public Hearing. Mayor Feinstein noted that this application has been before the Village for the past year. The Planning Board has reviewed the application. A public hearing needs to be set. She noted that the March 12th agenda is a very busy agenda. She suggested that the public hearing be scheduled for March 21st Board of Trustees Meeting February 26,2013 Page 9 On a motion made by Trustee David Heiser, and seconded by Trustee Toby Marrow, the resolution was adopted and the public hearing was set for March 21, 2013. 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 3) CONSIDERING SETTING A PUBLIC HEARING TO CONSIDER AN AMENDED SITE PLAN APPLICATION BY SOULCYCLE. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR APPLICATION FOR APPROVAL OF AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR RYE RIDGE SHOPPING CENTER(SOUL CYCLE) 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 Shopping Center — DE, 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, on January 22, 2013 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, on January 22, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action with a uncoordinated review; and Board of Trustees Meeting February 26,2013 Page 10 WHEREAS, on February 6, 2013 the application was referred to the Westchester County Planning Board for notification purposes pursuant to New York State General Municipal Law and the Westchester County Administrative Code; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated February 14, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on March 12, 2013 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of an amended site plan for the Rye Ridge Shopping Center(Soul Cycle); and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn, notice of the public hearing on the Amended Site Plan application shall be sent to the Village of Port Chester no less than 10 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Marrow, the matter was opened for discussion. Mr. James Ryan, Principal of John Meyer Consulting, P.C., addressed the Board. He noted that Mr. Peter Stahl, Vice President of Operations for Win Ridge Realty, and Luba Senatorova, from SoulCycle, were also in attendance and available to answer questions. Mr. Ryan noted that the applicant has proposed the opening of a 2300 square foot area within the Rye Ridge Shopping Center. The space they propose to occupy was the former Ridge Squire store and is in the rear of the Shopping Center. The use will be a spinning exercise studio and will contain approximately 49 stationary bicycles with regularly scheduled classes set. The Planning Board has reviewed the application, and made certain recommendations. The applicant disagrees with some of these recommendations. Michael Galante, Village Consultant, addressed the Board. He noted that he has addressed parking and traffic. This is 2,400 square feet of use within the shopping center with 49 stationary bikes and classes throughout the day for seven days a week. Each class lasts about 45 minutes with a transition time between classes. Board of Trustees Meeting February 26,2013 Page 11 The 49 bikes could potentially have 49 people in each class; meaning that there could be 96 people in and out during the transitional period. From a parking perspective there is a greater impact on parking versus the retail use. The busiest time for parking is lunch time at which time there may be 76 parking spaces available. He stated that additional parking studies need to be done. From a traffic perspective, on Bowman and South Ridge, adding 90 trips creates an impact. The shopping center is 190,000 square feet and this is only 2.400 square feet. Mr. Ryan noted that there is a transition period but people attending classes do not hang around. The occupancy study looks at the peak of the use. The restaurants have different peak use hours than the retail use. He noted that 12:30 in the afternoon is not the peak time, but rather 9:30 a.m. is the peak. Their study showed that there were 334 spaces vacant at 9:30 a.m.. The second peak hour is 6:30 p.m. and 419 spaces were available. The 12:30 issue is not realistic because this is not the shopping center peak time. Mayor Feinstein noted that the shopping center is busy at 12:30. She felt that at lunch time there would not be sufficient parking and there would be an impact on traffic. Luba Senatorova of SoulCycle noted that this is an indoor recreational facility. Their peak time is early morning hours; 9:30 to 10:15 a.m.. Things for them slow down during lunch time. They have a class scheduled for 11:30 a.m. and it ends at 12:15. The class after that starts at 1:00 p.m. There is a break. The distance between classes is 30 minutes. She noted that the class schedule could be adjusted to fit the shopping center's flow. The classes are attended by local people. Some people come before work, some come after work. The patrons of SoulCycle will hopefully be visiting stores within the shopping center. Times can be adjusted. It is the goal of SoulCycle to ensure that a customer who pays for the classes should not be inconvenienced by lack of parking or excessive traffic. Mayor Feinstein asked if there were days in the shopping center that are busier than others; especially during lunch time. Mr. Stahl noted that Mondays are the lightest days. Mayor Feinstein asked if there would be a modification of the class schedules. Mr. Ryan responded that the applicant will continue to work on this issue. The applicant does not believe that even with the overlap that problems will be created for the Village, but they are willing to work with the Village's consultant on the parking and traffic issues. Mr. Ryan stated that the traffic should be reviewed again. Analyzing six intersections equates to a $15,000 traffic study. The applicant's use represents less Board of Trustees Meeting February 26,2013 Page 12 than 2% of the amount of traffic that comes through the intersection. A $15,000 traffic study is a financial burden. Mayor Feinstein noted that if the overlap is being mitigated, it will not affect the traffic. A few months ago the Board reviewed parking for T.D. Bank and an analysis were done. Traffic was looked at in a different context. She asked if the traffic from this application was so different? Mr. Galante noted that traffic studies can be expensive, but the data must be collected. The driveways are serviced with stop signs. This won't be changed. They could choose one peak time and do the traffic study. The numbers involved here are not small. This is 2400 square feet — but a very different type of traffic generator. The applicant has control over the scheduling. Peter Stahl noted that there is only one shower for men and one shower for women. There is no locker room with lockers to put your clothes in. There is no common area, and no juice bar. This location is served best by the Bowman Avenue parking. Bowman Avenue is a busy street, even on Saturday mornings. When 287 is backed up, traffic is backed up onto Bowman Avenue and nothing can be done. Class schedules should be worked out between tenant and the shopping center. The tenant should be left with the maximum flexibility for their schedule, and schedules should be based on how fast people are moving in and out. The space requires renovations. Mr. Ryan noted that he and Mr. Galante would continue to work on the traffic issues. In the meantime, he hoped that the Board would schedule the public hearing. Mayor Feinstein called for the consensus of the Board. Trustee Rosenberg noted that he did not feel that a tremendous traffic study needed to be done. He noted that he was comfortable setting the public hearing. On a motion made by Trustee Rednick and seconded by Trustee Marrow, the public hearing was scheduled for March 12 '. 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 Meeting February 26,2013 Page 13 4) CONSIDERING THE REMOVAL OF A SIGNIFICANT TREE AT 5 ARLINGTON PLACE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 5 ARLINGTON PLACE WHEREAS, Mr. Stephen Schmelkin, the owner of 5 Arlington Place, Rye Brook applied for a Tree Removal Permit for forty-four (44) inch dbh, eighty to ninety (80-90) foot high Silver Maple Significant Tree at said property on January 26, 2013; and 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 tree is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Mr. Stephen Schmelkin for the removal of the following: Forty-four (44) inch diameter, eighty to ninety (80 - 90) foot high Silver Maple; and be it FURTHER RESOLVED, Mr. Stephen Schmelkin, the homeowner will pay into the Street Tree/ Shade Tree fund for two (2) of the required three (3) trees to be replanted at $125/tree for a total of$250; and be it FURTHER RESOLVED, Mr. Stephen Schmelkin shall replant one (1) tree as required by code in accordance with the Village Superintendent of Public Works. On a motion made by Trustee Rosenberg, and seconded by Trustee Heiser, the matter was opened for discussion. Mr. Michal Nowak, Superintendent of Public Works, noted that a leader overhangs the home and it has a crack in it. This is a prime location for failure for this type of tree. The larger the tree gets, the higher the potential of an accident. Board of Trustees Meeting February 26,2013 Page 14 Based on the condition of the tree, Mr. Nowak recommendation that the tree be removed. Three trees need to be planted. The question is whether or not is practical to replant three trees on this property. Mr. Nowak noted that this property is an odd shaped lot, and it is fenced in. He suggested that something smaller could be planted, but it must adhere to the Code. Mr. Nowak noted that the application could be approved and then a decision can be made regarding the replanting. Mr. Nowak will need to revisit the property and perhaps one tree can be planted on the property and then the applicant can donate $250.00 each for the remaining trees. On a motion made by Trustee Rosenberg, and seconded by Trustee Heiser, the resolution was adopted, as amended. 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 THE REMOVAL OF SIGNIFICANT TREES AT 1 EAGLES BLUFF Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 1 EAGLES BLUFF WHEREAS, Mr. Deep Bhandari, the owner of 1 Eagles Bluff, Rye Brook applied for a Tree Removal Permit for two, thirty-six (36) inch dbh, seventy (70) foot high Oak Significant Trees at said property on December 26, 2012; and Board of Trustees Meeting February 26,2013 Page 15 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 tree is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Mr. Deep Bhandari for the removal of the following: Two (2) thirty-six (36) inch diameter, seventy (70) foot high Oaks; and be it FURTHER RESOLVED, Mr. Deep Bhandari, the homeowner will pay into the Street Tree/ Shade Tree fund for one (1) of the required four (4) trees to be replanted at $125/tree for a total of$125; and be it FURTHER RESOLVED, Mr. Deep Bhandari shall replant three (3) trees as required by code in accordance with the Village Superintendent of Public Works. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was opened for discussion. Mr. Michal Nowak noted that are four trees involved and one of the Oak trees shows damage. The root flare of the tree is mounded up. There is an obstruction under this tree and the recommendation is to remove it. The applicant did have a tree fall on the house during Hurricane Sandy. The property slopes up and there is rock ledge. In regards to replanting, there is room in the back property line where trees could be planted. Three trees could be planted in that area. The replacement of the fourth tree will be through the Village's Street Tree fund. 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 Meeting February 26,2013 Page 16 6) CONSIDERING ENTERING INTO A CONSULTING AGREEMENT TO PERFORM PLANNING SERVICES FOR THE VILLAGES COMPREHENSIVE PLAN Mayor Feinstein noted that this matter was adjourned. 7) CONSIDERING ENTERING INTO A CONSULTING AGREEMENT TO PERFORM PUBLIC OUTREACH AND COORDINATION SERVICES RELATED TO THE VILLAGE'S COMPREHENSIVE PLAN Mayor Feinstein noted that this matter was adjourned. 8) CONSIDERING THE APPOINTMENT OF A COMPREHENSIVE PLAN COMMITTEE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF A COMPREHENSIVE PLAN STEERING COMMITTEE WHEREAS, the Village Board desires to appoint a Comprehensive Plan Steering Committee to work with the Village's consultants and officials to develop Rye Brook's first Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED, the following members are hereby appoint to serve on the Comprehensive Plan Steering Committee: Carol Goodman, Chair Dominic Accurso John Grieco Joe Fiscella Jamie Schutzer Sari Jablon Marcia Rogull Tania Vernon Toby Marrow Jeffrey Rednick, Trustee (BOT Liaison) Chris Bradbury (ex-officio) Joan Feinstein (ex-officio) Board of Trustees Meeting February 26,2013 Page 17 On a motion made by Trustee Rosenberg, and seconded by Trustee Heiser, the resolution was adopted, as amended. 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 noted that this resolution was self-explanatory. She thanked the newly appointed members of this committee. 9) CONSIDERING SETTING A PUBLIC HEARING TO CONSIDER PROPOSED LOCAL LAWS AMENDING CHAPTER 209 AND 250 OF THE VILLAGE CODE REGARDING THE ARBORS PUD Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING SETTING A PUBLIC HEARING TO AMEND CHAPTER 209 AND 250 OF THE VILLAGE CODE REGARDING THE ARBORS PUD NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 12, 2013 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider amending Chapter 209 and 250 of the Village Code regarding the Arbors PUD. Trustee Toby Marrow recused herself. Mayor Feinstein noted that the March 12a' date was an issue, and there were also some outstanding issues that still needed to be addressed. Mr. Bradbury noted that Board of Trustees Meeting February 26,2013 Page 18 this local law is before the Board after review of the Planning Board. The law will create a procedure for certain types of improvements at the Arbors that will not require a full site plan review. Larger improvements would require site plan review, as would any changes to the parking, larger constructions, or work proposed in common areas. The improvements should not have additional storm water impacts. Some of the applications may also not need to be heard by the Architectural Review Board. There are specific lots that would require to be reviewed by the Architectural Review Board. Also discussed was the installation of generators. Trustee Rosenberg felt that it would not be fair to preclude anyone in the Arbors from installing a generator, in spite of what occurred with Hurricane Sandy. The Generator Legislation would need to be tweaked. He made a motion to strike that section of the proposed legislation. Trustee Rednick agreed with Trustee Rosenberg. An application can be made to the Zoning Board of Appeals for generator installation. Trustee Heiser noted that if everyone had their own generator it will be very loud. Mr. Bradbury noted that propane generators are another issue. The Generator Law may need to be amended. Mayor Feinstein called for a motion and second to strike the portion of the local law that addresses generators. Mayor Feinstein noted that the public hearing will be placed on the March 21, 2013 agenda. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted, as amended. 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 10) CONSIDERING SETTING A PUBLIC HEARING TO AMEND CHAPTER 4 OF THE VILLAGE CODE REGARDING THE ASSISTANT VILLAGE ADMINISTRATOR Board of Trustees Meeting February 26,2013 Page 19 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING SETTING A PUBLIC HEARING TO AMEND CHAPTER 4 OF THE VILLAGE CODE REGARDING THE ASSISTANT VILLAGE ADMINISTRATOR NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 12, 2013 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider amending Chapter 4 of the Village Code regarding the Assistant Village Administrator. Mr. Bradbury noted that Village current does not have the title of Assistant Administrator authorized. This person would act on behalf of the Village Administrator in his absence. Trustee Heiser suggested that this public hearing be scheduled for March 12 '. 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 11) CONSIDERING THE AWARD OF BID 13-01 VILLAGE HALL DRAINAGE IMPROVEMENTS AND EMERGENCY GENERATOR REPLACEMENT. Mr. Bradbury read the following resolution: Board of Trustees Meeting February 26,2013 Page 20 RESOLUTION CONSIDERING THE AWARD OF BID 13-01 VILLAGE HALL DRAINAGE IMPROVEMENTS AND EMERGENCY GENERATOR REPLACEMENT WHEREAS, the 2011-12 and 2012-13 adopted budgets and the related fund balance allocation and Bond Anticipation Note (BAN) provided $145,000 for various Village Hall projects including basement waterproofing, an emergency generator, painting and carpeting in sections of Village Hall; and WHEREAS, it is recommended that a larger generator be considered than originally anticipated in order to provide electric service to additional equipment in the event of a power failure in Village Hall, resulting in the deferment of the carpeting and painting potions of these capital projects; and WHEREAS, the Village of Rye Brook has solicited bids for Contract 13- 01 "Considering the award of Bid 13-01 Village Hall Drainage Improvements and Emergency Generator Replacement"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on February 1, 2013; and WHEREAS, at 9:30 a.m., Wednesday, February 20, 2013, all bids received were opened as summarized below: BIDDER BID AMOUNT ALT "1"BID BID BOND 1. Landi Contracting,Inc. $134,396.00 $ 137,396.00 Yes 2. ELQ Industries,Inc. $293,665.00 $225,000.00 Yes; and WHEREAS, upon reviewing the bid, the Superintendent of Public Works and Village Administrator determined the lowest responsible bidder meeting the requirements of the contract document is Landi Contracting, Inc. for the total bid price of$134,396 and the alternate 1 total bid price of$137,396.00; and WHEREAS, upon review of the bid proposals it is recommended that the Alternate 1 Bid be bid be awarded. NOW, THEREFORE, BE IT RESOLVED, that contract 13-01: "Considering the award of Bid 13-01 Village Hall Drainage Improvements and Emergency Generator Replacement" is hereby awarded to Landi Contracting, Inc. for the total Alternate 1 Bid price of$137,396.00; and be it Board of Trustees Meeting February 26,2013 Page 21 FURTHER RESOLVED, that the carpeting and painting portions of the capital project identified in the 2012-13 budget be deferred for reconsideration in a future budget year; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Mr. Bradbury noted that the generator does not cover the entire Village Hall. The old generator died, and the Village has been renting one. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye 12) CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH PORT CHESTER FOR SALT BRINE SERVICE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH PORT CHESTER FOR SALT BRINE SERVICES WHEREAS, the Village of Rye Brook and Village of Port Chester desire to enter into an Inter-Municipal Agreement for salt brine services through March 31, 2013, whereby Rye Brook would provide salt brine on requested streets and Board of Trustees Meeting February 26,2013 Page 22 Port Chester will reimburse Rye Brook for its actual personnel and material expenses. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of the Inter-Municipal Agreement with the Village of Port Chester for salt brine services. Mr. Bradbury noted that Rye Brook is happy to help out. The services offered to Port Chester will not effect Rye Brook's operations. He also noted that there were specific roadways, and this agreement was for this season. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye 13) ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON- HOMESTEAD BASE PROPORTIONS Mr. Bradbury read the following resolution: RESOLUTION ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law #2-2005 relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law regarding Homestead Base Proportions; and Board of Trustees Meeting February 26,2013 Page 23 WHEREAS, the Town of Rye Assessor has prepared Homestead and Non- Homestead base proportions for the Village of Rye Brook; and WHEREAS, the Board of Trustees of the Village of Rye Brook wishes to adopt local adjustments to these base proportions, that will be used to establish a Homestead tax rate and a Non-Homestead tax rate for the 2013-2014 Village Budget and tax rates. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2013-14 Village tax, Homestead Base Proportions of 75.056877% and Non-Homestead base proportions of 24.943123%; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that the Town Assessor and Tax Collector are authorized and directed to make any filings on behalf of Rye Brook, and to take any additional actions necessary to implement the purposes of this resolution. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye 14)CONSIDERING THE APPROVAL OF NHNUTES: JANUARY 8, 2013; JANUARY 22,2013 Board of Trustees Meeting February 26,2013 Page 24 Mayor Feinstein called for a motion to approve the minutes of January 8 and January 22, 2013. On a motion made by Trustee Heiser, and seconded by Trustee Marrow, the minutes were approved. The roll was called: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye Mayor Feinstein called for an additional resolution: 15)CONSIDERING ACKNOWLEDGMENT AND WAIVER OF CONFLICT OF KEANE & BEANE, P.C., REGARDING APPLICATIONS MADE BY TOLL BROTHERS,INC. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ACKNOWLEDGMENT AND WAIVER OF CONFLICT OF KEANE & BEANE,P.C.,REGARDING APPLICATIONS MADE BY TOLL BROTHERS,INC. WHEREAS,Keane& Beane, P.C. serves as the Village of Rye Brook Village Attorney; and WHEREAS,representatives of Keane & Beane, P.C. represent Toll Bothers, Inc. which recently acquired property located in Rye Brook on Anderson Hill Road near King Street, including the approved development known as Kingswood; and WHEREAS,Toll Brothers, Inc. may apply to the Village Board for modifications of the previously approved site plan for the Kingswood development. NOW,THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby acknowledges the awareness of the potential conflict and waiver of same, allowing Keane and Beane, P.C. to represent the village in any application brought before the Village Board or other boards or commissions by Toll Brothers, Inc. relating to any Kingswood applications, provided that any Keane and Beane counsel who are now or Board of Trustees Meeting February 26,2013 Page 25 in the past have worked on such matters for the Toll Brothers, Inc. would not represent the Village in such matters; and be it FURTHER RESOLVED, the Mayor is hereby authorized to sign and execute a waiver letter on behalf of the Village Board. Mayor Feinstein noted that this is self-explanatory. The Village is anticipating that there will be a site plan amendment requested by Toll Brothers. Edward Beane, Esq. never worked on this matter, and there are other associates that have not worked on Toll Brothers matters. No associate that ever worked on Toll Brothers matters will represent the Village in connection with Kingswood. Mayor Feinstein noted that Kingswood submitted a site plan that was been approved a few years ago. The applicant may be submitting a different application. Keane & Beane has a long history with this application. It would be very costly to change counsel given the history and the fact that there will be no conflict. Mr. Richard Abel addressed the Board. He noted that if Keane & Beane is paid by the Village and Keane & Beane is also paid by Toll Brothers, then isn't that a conflict? He felt that it was the pocketbook and that Toll Brothers should be responsible to pay for other counsel. Mayor Feinstein noted that in the legal profession things like this happen all the time. Mr. Abel felt that the appearance of impropriety can be there. Attorney Beane noted that no one knows what the involvement will be but they have decided to do a full disclosure upfront so that everyone knows about it. It is on the record so that there will be no appearance of impropriety. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was approved. The roll was called: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye Board of Trustees Meeting February 26,2013 Page 26 Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report: ADNHNISTRATOR'S REPORT: Mr. Bradbury noted FEMA has extended the deadlines for assistance through March 29th for Hurricane Sandy issues. Additional information can be found on the Village's website. He noted that several scams are going around. Senior citizens have been targeted. Individuals attempt to get money using the ploy of lottery winnings or taxes. The Village is putting information out so that more residents are aware of these types of scams. The Do not Knock Registry is in place and residents can sign up. Additional information can be found on the Village's website. An important issue is that the Amnesty program will be ending soon. This is the last call. The coyote trapping season has officially ended. No coyotes were trapped this season. Sightings should be reported to the Police or Administrator's office. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for March 12th and March 21, 2013. She called for members of the public wishing to address the Board. There being no one, she called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned at 10:20 p.m. Board of Trustees Meeting February 26,2013 Page 27