HomeMy WebLinkAbout2013-03-21 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
THURSDAY,MARCH 21,2013
AGENDA
6:30 P.M.—Reception for Mayor Joan L.Feinstein
7:30 P.M.—REGULAR MEETING
PLEDGE OF ALLEGIANCE
REPORT
RECOGNITION OF OUTGOING ELECTED OFFICIALS
AFFORDABLE HOUSING
It is anticipated the first item on the agenda will not start before 8:15 P.M.
1) Setting a public hearing for an application for a site plan amendment for
Bowridge Commons located at 80 Bowman Avenue
PUBLIC HEARINGS:
1) Public hearing to consider an amended special use permit and site plan
application for 66 Bowman Avenue Realty Corp.
2) Public hearing to consider proposed local law amending Chapter 250 of the
Village Code regarding the Arbors PUD
RESOLUTIONS:
1) Considering approval of an amended special permit and site plan for 66
Bowman Avenue Realty Corp.
2) Considering proposed local laws amending Chapter 209 and 250 of the
Village Code regarding the Arbors PUD
3) Overview of the 2013-14 Tentative Budget and setting a public hearing for
April 9, 2013
4) Setting a public hearing for a proposed local law to override the tax levy limit
Board of Trustees
March 21, 2013
Page 1 of 20
5) Setting a public hearing to amend Chapter 240 of the Village Code regarding
parking on West Street
6) Considering the approval of Minutes: February 26, 2013; March 8, 2013
7) Considering an Amendment to the License and Permit Fee Scheduled for the
Rye Brook Carnival
8) Considering a Coalition Involvement Agreement with the Blind Brook
Community Coalition
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: April 9 & April
23, 2013
VILLAGE BUDGET WORK SESSIONS" April 1 and April 3, 2013, 7:30P.M at
Village Hall
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
Eugene Matthews, Police Lieutenant
Edward Beane, Esq., Village Counsel
Marilyn Timpone Mohamed, Village Consultant
Fred Seifert, Public Access Coordinator
Paula Patafio, Meeting Secretary
Board of Trustees
March 21, 2013
Page 2 of 20
Mayor Joan Feinstein welcomed everyone to the March 21st regular meeting of
the Board of Trustees. She asked her family to lead the Board in the Pledge of
Allegiance.
Mayor Feinstein welcomed everyone to the meeting and to her farewell reception. She
offered congratulations to the 6th Grade Boys Basketball Team who recently competed at
the Westchester County Center.
Next Mayor Feinstein congratulated Mayor Elect Paul Rosenberg on his appointment,
Trustee Jeffrey Rednick on being re-elected, and Trustee Elect Jason Klein on his
appointment. Mayor Elect Rosenberg noted that he would be appointing Susan Epstein
to fill his unexpired term as Trustee.
Mayor Feinstein thanked Toby Marrow for her dedication to the Village of Rye Brook.
She presented Trustee Marrow with a plaque thanking her for her exemplary and
outstanding service to the community.
Mayor Elect Rosenberg noted that Trustee Marrow was a former president of the Arbors
Homeowners Association. She and former Trustee Brown came through for the Village
and they made the King Street fields what they are today. This legacy will go on forever.
Trustee Marrow thanked everyone for allowing her the opportunity to serve on the
Village Board. She thanked the Village Staff and volunteers for their outstanding
commitment to the Village.
Mayor Elect Rosenberg thanked everyone for coming. He took the opportunity to thank
Mayor Feinstein for the contributions that she has made to the Village of Rye Brook. He
listed some of her many accomplishments which included the Kingswood development,
the renaming of the Library, drainage projects, the Village's Comprehensive Plan,
increasing the terms for the Board of Trustees, instituted technology projects. She has
worked hard in many financial areas which included the hotel tax. She has been
proactive on affordable housing, capital improvements, and road resurfacing. She is
leaving Rye Brook a much better place. Mayor Feinstein will be missed. He
congratulated her on a job well done. Mayor Elect Rosenberg presented Mayor Feinstein
with a plaque.
Mayor Elect Rosenberg noted there were many people who came out to wish Mayor
Feinstein well. He presented Mayor Feinstein with a proclamation, thinking her for her
many years of service. A representative from Senator Gillibrand's office also presented
Mayor Feinstein with a proclamation.
Trustees Rednick, Trustee Marrow, Trustee Heiser all thanked the Mayor.
Other individuals who spoke were:
Board of Trustees
March 21, 2013
Page 3 of 20
Mr. Christopher Bradbury, Village Administrator
Edward Beane, Esq. Village Counsel
Senator Latimer presented a proclamation to Mayor Feinstein.
Rob Astorito, Westchester County Executive, presented a proclamation on behalf of the
County
Steve Otis, State Assemblyman and Former Mayor of Rye
Westchester County Legislator David Gelfarb presented a Proclamation
A representative from Congresswoman Nita Lowey's office presented a proclamation
Mayor Dennis Pilla, Village of Port Chester
Mayor Rosenblum of Mamaroneck
Martin Rogowsky, former County Legislator
Ross Feinstein,Mayor Feinstein's son
Chairman of the Planning Board Gary Zuckerman
Richard Buzin—former Trustee and member of the Board of Education
Former Trustee Dean Santon
Mayor Feinstein's sister,Karen
Blind Brook School Board, Jeff Diamond
Trudy Davis, former Blind Brook Board of Trustee Member and Teacher
Mayor Feinstein thanked everyone for their kind words and for attending the reception.
"Service is the rent we pay for living."
The Board took a break prior to turning to the agenda of the meeting. The meeting
reconvened at 9:30 p.m.
Mayor Feinstein called for the first item on the agenda:
AFFORDABLE HOUSING
1) Setting a public hearing for an application for a site plan amendment for
Bowridge Commons located at 80 Bowman Avenue
Mr. Bradbury read the following 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
Board of Trustees
March 21, 2013
Page 4 of 20
property located at 80 Bowman Avenue, designated on the Tax Map as Section
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.
Frank Madonna gave a brief overview of the project and the proposed changes to the
site plan. He reviewed the requested changes made by the Village and its consultants,
and noted that they have all been addressed.
Mr. Bradbury noted that the County has been notified. The Board should decide
when the public hearing should be held. Mayor Elect Rosenberg asked that the
public hearing be set for April 9th.
On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the
resolution was adopted.
Board of Trustees
March 21, 2013
Page 5 of 20
Mr. David Burke,Assistant to the Village Administrator, called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
PUBLIC HEARINGS:
1) Public hearing to consider an amended special use permit and site plan
application for 66 Bowman Avenue Realty Corp.
On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public
hearing was declared open.
Paul Noto, Esq., counsel for the applicant, addressed the Board. He began by noting that
this was a fairly lengthy process. 66 Bowman is home that is used an office building.
The application has been before the Planning Board and the Zoning Board of Appeals.
There are some drainage issues in this area, and the applicant has attempted to keep as
much storm water on the property as possible by constructing drywells. However, storm
water runs from properties to the east onto this property which is slanted down towards
Barber Place.
The architect, Lewis , offered to respond to any questions. He noted that this is
an office building inside of an existing house. The parking area will be reconfigured to
make it more user-friendly. Some impervious surface will be removed. The parking area
will be repaved.
Mayor Feinstein noted that this is a Special Use Permit that needs to be amended. A lot of
review has gone into this application. She called for members of the public wishing to
address the Board in support or opposition to the application.
Valerie Mazarz tenant on Barber Place, and representative for the owners of the property
addressed the Board. She noted that the commercial vehicles are now gone, which is a
positive. The drainage issues have not been addressed. The property slants significantly
and the water has caused their backyard into a Marsh. She asked that he water problems
be remediated.
Board of Trustees
March 21,2013
Page 6 of 20
Mayor Feinstein noted that the Village will be looking at this area going forward
regarding the drainage. No additional parking can be added once the Special Use Permit
is approved. She thanked the Planning Board for vetting this application so thoroughly.
Dean Santon, former resident and Trustee of Rye Brook, addressed the Board. He asked
what was in the site plan that would mitigate the drainage. Mr. Bradbury noted that the
drainage cannot be managed on site. The Planning Board will be considering installation
of a drainage system for that area. Mr. Santon stated that the Village should condition
approval on the granting of an easement. Mr. Bradbury noted that one of the conditions
would be participation in the drainage.
On a motion made by Trustee Heiser, and seconded by Trustee Marrow, the public
hearing was closed
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
2) Considering approval of an amended special permit and site plan for 66
Bowman Avenue Realty Corp.
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING APPROVAL OF AN AMENDED
SPECIAL USE PERMIT AND A SITE PLAN APPLICATION FOR
66 BOWMAN AVENUE REALTY CORP
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
Board of Trustees
March 21, 2013
Page 7 of 20
WHEREAS, the Board of Trustees reviewed the following plans and
application materials:
1. Site Plan Application
2. Exterior Building Permit Application
3. Short Environmental Assessment Form
4. Topographical Survey, Sheet T-1, dated June 14, 2011, revised July 15, 2011
prepared by Ahneman Kirby, LLC, Riverside, C.T.
5. Revised Notice of Disapproval dated February 2, 2012 from the Village of
Rye Brook Building and Fire Inspector
6. Parking and Traffic Study dated April 30, 2012 prepared by Tim Miller
Associates, Cold Spring,N.Y.
7. Letter to the Rye Brook Superintendent of Public Works/Village Engineer dated
July 24, 2012 from Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs
Ferry,N.Y.
8. Letter to the Rye Brook Superintendent of Public Works/Village Engineer dated
June 26, 2012 from Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs
Ferry,N.Y.
9. Dry Well Calculations, dated June 26, 2012 prepared by Paul J. Petretti, Civil
Engineer and Land Surveyor, Dobbs Ferry,N.Y.
10.Letter to the Rye Brook Superintendent of Public Works/Village Engineer dated
September 20, 2011 from Ahneman Kirby, LLC, Riverside, C.T.
11.Letter to the Rye Brook Building and Fire Inspector dated July 28, 2011 from
Paul J. Noto, Esq.
12.Memorandum to the Village Engineer dated December 12, 2012 from Dolph
Rotfeld Engineering, P.C.
13.Memorandum to the Village Engineer dated August 2, 2012 from Dolph
Rotfeld Engineering, P.C.
14. Memorandum to the Village Engineer dated July 11, 2012 from Dolph Rotfeld
Engineering, P.C.
15. Memorandum to the Planning Board from the Superintendent of Public
Works/Village Engineer dated April 12, 2012
16. Memoranda to the Planning Board from F.P. Clark Associates dated April 5,
2012, July 9, 2012,August 2, 2012 and January 31, 2013.
17.Drainage Improvement Plan, Sheet lof 1, dated June 22, 2012 revised 7/17/12,
prepared by Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry,
N.Y.
18.Architect's Plans, prepared by Contadino Architects AIA, Cos Cob, C.T.:
Sheet Number Sheet Title Dated
SP Plan 7/15/11 rev. 8/29/12
SP-1 Site Plan 7/15/11 rev. 12/15/11
SP-2 Site Plan Dated 9124198 11/4/11
SP-3 Plan No Date rev. 12/13/11
SP-4 Existing Planting Plan No Date rev. 6/25/12
P1 Proposed Photometric Plan 8/23/12
Board of Trustees
March 21, 2013
Page 8 of 20
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
Recommendation and to the Village of Rye Brook Zoning Board of Appeals
("ZBA") for consideration of any necessary variances; and
WHEREAS, On March 6, 2012, the ZBA exercised its authority pursuant to
Section 250-13(G)(5)(a) of the Village Code to refer the application to the Planning
Board to seek input with respect to planning considerations relevant to the
Applicant's request for variances from the maximum impervious surface coverage
limitation and the minimum off-street parking space requirement, and
WHEREAS, On December 13, 2012, the Planning Board referred the
application back to the ZBA by resolution setting forth its planning considerations;
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; and
WHEREAS, on March 21, 2103, the Board of Trustees opened a public
hearing on the subject 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 April 9, 2013; and
WHEREAS, the Village Planning Consultant, Village staff, Planning
Board and the Board of Trustees reviewed the information and submitted
comments regarding the application; and
Board of Trustees
March 21, 2013
Page 9 of 20
WHEREAS, the Board of Trustees has considered the special permit
standards set forth at Village Code §§ 250-6(H)(1)(c)(1), 250-6(H)(1)(c)(2), and
250-25(C)(3); and
WHEREAS, the Board of Trustees is familiar with the site and all aspects
of the project.
NOW, THEREFORE, BE IT 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 finds
with respect to the special permit standards set forth at Village Code §250-
6(H)(1)(c)(1), that the proposed use of the premises for as a risk management
business is of such location, size and character that, in general, it will be in harmony
with the appropriate and orderly development of the district in which it is situated
and will not be detrimental to the orderly development of adjacent districts; and
BE IT FURTHER RESOLVED, that with respect to the special permit
standards set forth at Village Code §§250-6(H)(1)(c)(2) and 250-25(C)(3) the Board of
Trustees hereby finds:
1. The location and use of the premises as professional office space for a risk
management business with 17 employees, and the nature and intensity of the
operations involved in or conducted in connection with it and its relation to
streets giving access to it will not be hazardous, inconvenient or detrimental to
the predominantly residential activities and character of the neighborhood.
2. The location, nature and height of buildings, walls and fences and the nature
and extent of landscaping on the site will not hinder or discourage the
appropriate development and use of adjacent land and buildings or impair the
value thereof
3. The proposed use provides off-street parking adequate for its needs,
considering the assemblage of persons and vehicles in connection with the
use, as demonstrated by (i) the Parking Demand Study performed by the
Applicant and reviewed by the Village's Planning Consultant and (ii) the
granting of an off-street parking variance by the Zoning Board of Appeals.
Further, the parking area is suitably screened from adjoining residential uses,
and entrance and exit drives are laid out so as to prevent traffic hazards and
nuisances.
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
approves a special permit as referenced herein authorizing use of the premises as
Board of Trustees
March 21, 2013
Page 10 of 20
professional office space for a risk management business, subject to the following
conditions:
1. The Special Permit is for a risk management business
only. Any change of use to a different professional use,
in whole or in part, shall require an amendment to this
Special Permit.
2. The maximum number of persons who may be
employed in the risk management business at this
premises shall be 17 persons. The maximum number
of professional persons that may occupy the premises
shall be two (2) professional persons.
3. The owner of the property shall submit to the Village
annually, on or before January 10 of each year,
demonstration of compliance with the conditions of
the Special Permit. Demonstration shall consist of an
affidavit including a list of the conditions of the special
permit and a description of how the site or use
conforms to such conditions.
BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts
the site plan referenced herein for professional office space for a risk management
business.
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicant has paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
On a motion made by Heiser, and seconded by Trustee Rednick, the resolution
was adopted.
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Board of Trustees
March 21, 2013
Page 11 of 20
3) Public hearing to consider proposed local law amending Chapter 250 of
the Village Code regarding the Arbors PUD
Trustee Marrow recused herself as a resident of the Arbors.
On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public
hearing was declared open.
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mayor Feinstein noted that the intent of the proposed changes was to make things easier.
Small work wouldn't trigger an amendment to the PUD. The Arbors property goes back
almost 30 years, and the proposed amendments will make it easier for the residents to do
small projects without triggering a full site plan review for the PUD. Everything has
been done openly and the Arbors has had representation at the meetings. The changes set
limits for triggering site plan review. It is also not necessary to go before the Arbor's
Architectural Review Board and the Village's Architectural Review Board. She gave an
overview; and provided the background of the proposed changes.
Mr. Bradbury noted that previously changes on the individual lots would require a full
site plan review. Now, for a small improvement on an individual lot, it would not trigger
a full site plan review.
Mayor Feinstein called for members of the public wishing to address the Board.
Rosemary Schlank, a resident of the Arbors, addressed the Board. She gave an overview
of a PUD. She reviewed what, in her opinion, were undesirable changes. The Planning
Board reviewed this matter and has made its recommendation to the Board of Trustees.
The Planning Board talked about the unique characteristics of the Arbors, but there are
three other PUDS in Rye Brook. The Arbors was establish through a process with the
Town of Rye. The Village accepted the site plan application. She reviewed the proposed
local law, and expressed her objections. She felt that there was a fairness issue that needs
to be reviewed.
Board of Trustees
March 21, 2013
Page 12 of 20
Ms. Schlank disagreed with the Village's intentions. She felt that things were being
made harder for the residents. Mr. Bradbury noted that no one wants to spend money
when it is not necessary. The intent was to lessen the burden on the residents.
It was noted that a class action lawsuit took place. Edward Beane, Esq., Village Counsel,
stated that this legislation makes things easier. Mayor Feinstein noted that as a resident
of the Arbors there are rules and regulations that must be adhered to. The guidelines of
what can or cannot be done are there. No one is trying to take away the power of the
Homeowners Association to make changes. The Village is not trying to interfere with
what a Homeowners Association can or cannot do. There are no changes to the powers
of the Homeowners Association.
Mayor Elect Rosenberg noted that these changes are to be looked at going forward.
Mayor Feinstein reiterated that the Village was trying to make this process much easier.
A P.U.D. is different than other residential units within the Village.
Rosemary Schlank continued to discuss the site plan Mayor Feinstein noted that the site
plan was voted on last year. The proposed legislation is now what is before the Board.
Mayor Feinstein called for other members of the public wishing to address the Board. A
resident of Ivy Hill Crescent, and the president of the Homeowners Association, Hillary
Silver, addressed the Board. She noted that the Arbors Board appreciates the efforts
made by the Village.
Dean Santon 'addressed the Board to attempt to put this project in context. The Arbors is
unique because it was the first PUD. The Village is not the `policeman' of the PUD.
This PUD did not adhere to the covenants and declarations. They were approved to build
dense housing with one and two bedrooms. Now there are three and four bedroom units.
Private property does not get the same municipal services. The Village is now trying to
pave the way to the future. The Arbors is not the victim here.
On a motion by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was
closed.
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW ABSTAINED
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
RESOLUTIONS:
Board of Trustees
March 21, 2013
Page 13 of 20
3) Considering proposed local laws amending Chapter 209 and 250 of the
Village Code regarding the Arbors PUD
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING PROPOSED LOCAL LAWS AMENDING CHAPTER 209 AND
250 OF THE VILLAGE CODE REGARDING THE ARBORS PUD
WHEREAS, on November 13, 2012 the Board of Trustees referred the proposed
local laws to the Planning Board of the Village of Rye Brook for Report and
Recommendation; and
WHEREAS, on February 14, 2013 the Planning Board issued a Report and
Recommendation to the Board of Trustees; and
WHEREAS, on March 21, 2013 the Board of Trustees opened a duly noticed
public hearing on the subject local laws amending Chapter 209 and 250 of the Village
Code, and at which time all persons interested were given an opportunity to speak on
behalf of or in opposition to said local law and the public hearing was closed on March
21, 2013.
NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees, in
accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR
Part 617, hereby adopts the attached Negative Declaration; and be it
FURTHER RESOLVED, that the Board of Trustees hereby adopts the local law
amending Chapter 250 of the Village Code regarding the Arbors PUD; and be it
FURTHER RESOLVED, the Board of Trustees does not adopt the local law
amending Chapter 209 of the Village Code.
On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution
was adopted.
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW ABSTAINED
TRUSTEE REDNICK AYE
Board of Trustees
March 21, 2013
Page 14 of 20
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mayor Feinstein thanked the all of the committees, consultants, and staff that worked so
hard on this project for a job well done.
4) Overview of the 2013-14 Tentative Budget and setting a public hearing for
April 9, 2013
Mr. Bradbury gave a brief overview of the Village's Budget. He pointed out that there was a
healthy fund balance. There are budget work sessions scheduled for April 1st and April3rd. .
A public hearing will be scheduled o April 9th and then the Board will have until the end of
May to submit the Budget.
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING FOR APRIL 9, 2013 ON THE 2013-2014
TENTATIVE BUDGET
RESOLVED, that a Public Hearing will be held by the Board of Trustees of the
Village of Rye Brook on Tuesday, April 9, 2013 at 7:30 p.m. at Village Hall located at
938 King Street, Rye Brook, New York to consider the proposed 2013-2014 Tentative
Budget for the Village of Rye Brook; and
BE IT FURTHER RESOLVED, that the notice of public hearing shall state the
time, place, purpose of the hearing, and that a copy of the tentative budget is available in
the office of the Village Clerk, for inspection during regular office hours.
Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Board of Trustees
March 21, 2013
Page 15 of 20
Mayor Feinstein encouraged people to come to the workshops as the Village encourages
residential input.
5) Setting a public hearing for a proposed local law to override the tax levy limit
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING FOR A PROPOSED
LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT
WHEREAS, the Board of Trustees of the Village of Rye Brook has proposed
a local law to override the limit on the amount of real property taxes that may be
levied by the Village of Rye Brook pursuant to General Municipal Law §3-c, and to
allow the Village of Rye Brook to adopt a budget for the fiscal year 2012 that require
a real property tax levy in excess of the "tax levy limit" as defined by General
Municipal Law §3-c; and
WHEREAS, the Board of Trustees of the Village of Rye Brook does not
intend to adopt a budget that would require a tax levy in access of the tax levy limit as
defined by General Municipal Law §3-c, but is proposing the override as an exercise
of local control over the Village's finances and as a precautionary measure in the
event there are mathematical errors in calculations that cause the final budget to
inadvertently exceed the tax levy limit; and
WHEREAS, the Board of Trustees of the Village of Rye Brook has
determined that the adoption of the local law is a Type II Action and are therefore
not subject to the requirements of the State Environmental Quality Review Act
("SEQRA").
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of
the Village of Rye Brook shall hold a public hearing on April 9, 2013 at 7:30p.m. at
Village Hall, 938 King Street, Rye Brook, New York, to consider the proposed local
law.
Board of Trustees
March 21,2013
Page 16 of 20
On a motion made by Trustee Heiser, and seconded by Trustee Rednick,the resolution was
adopted.
Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
6) Setting a public hearing to amend Chapter 240 of the Village Code
regarding parking on West Street
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING SETTING A PUBLIC HEARING TO AMEND CHAPTER 240
OF THE VILLAGE CODE REGARDING PARKING ON WEST STREET
NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook, shall hold a public hearing on April 9, 2013 at 7:30 p.m. at Village
Hall, 938 King Street, Rye Brook, New York to consider amending Chapter 240 of the
Village Code regarding parking on West Street.
On a motion made by Trustee Heiser, and seconded by Trustee Rednick,the resolution was
adopted.
Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Board of Trustees
March 21, 2013
Page 17 of 20
6) Considering the approval of Minutes: February 26, 2013; March 8, 2013
On a Motion made by Trustee Marrow, and seconded by Trustee Rednick, the
minutes were approved as amended.
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mayor Feinstein noted that two items were added to the agenda:
7) CONSIDERING AN AMENDMENT TO THE LICENSE AND PERMIT
FEE SCHEDULE FOR THE RYE BROOK CARNIVAL
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING AN AMENDMENT TO THE LICENSE AND PERMIT FEE
SCHEDULE FOR THE RYE BROOK CARNIVAL
NOW THEREFORE BE IT RESOLVED that the Village of Rye Brook
License and Permit Fee Schedule is hereby modified as follows:
SUBJECT: PROPOSED FEE
Rye Brook
Carnival Vendor $200 for length of event
Mr. Bradbury reviewed noted that this the first time the Village will be holding this
event. There will be vendors and these vendors will pay a fee. This resolution amends
that fee.
Board of Trustees
March 21, 2013
Page 18 of 20
On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution
was adopted.
Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
8) Considering a Coalition Involvement Agreement with the Blind Brook
Community Coalition
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A COALITION INVOLVEMENT AGREEMENT WITH THE
BLIND BROOK COMMUNITY COALITION
WHEREAS,the Village of Rye Brook Board of Trustees desires to enter into a
Coalition Involvement Agreement with the Blind Brook Community Coalition.
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 Coalition Involvement Agreement with the Blind Brook Community
Coalition.
Mayor Feinstein noted that the Village is entering into this agreement to show support to
the organization.
On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution
was adopted.
The roll was called:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
Board of Trustees
March 21, 2013
Page 19 of 20
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
ADMINISTRATOR'S REPORT:
Mr. Bradbury reminded everyone of the Village's first carnival to be held in April.
Everyone is invited.
Mayor Feinstein noted that the next special and regular Board of Trustees Meetings were
scheduled for April 9 & April 23, 2013. She urged residents to attend the Village
Budget Work Sessions. There being no further business before the Board, and no
members of the public wishing to address the Board, she called for a motion to adjourn.
On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the meeting was
adjourned at 11:30 p.m.
Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Board of Trustees
March 21, 2013
Page 20 of 20