Loading...
HomeMy WebLinkAbout2004-07-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JULY 13, 2004--7:30 P.M AGENDA 6:30 P.M.: Westchester County Management to Provide Update On Terminal Capacity Agreement(TCA) ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of the Van der Wateren site plan approval application for 548 and 550/552 Westchester Avenue 2) Consideration of a Local Law to amend Chapter 91-2 and Chapter 219-13 of the Code of the Village of Rye Brook, regarding the expiration of Building Permits. 3) Consideration of a Local Law to amend Chapter 235, Trees, of the Code of the Village of Rye Brook,regarding Tree Permit procedures. 4) Consideration of a Local Law to add Chapter 105, Conservation Easements, to the Code of the Village of Rye Brook. RESOLUTIONS: 1) Approving the Van der Wateren site plan approval application for 548 and 550/552 Westchester Avenue. 2) Adopting a Local Law to add Chapter 105, Conservation Easements, to the Code of the Village of Rye Brook. 3) Setting a Public Hearing for July 27, 2004 to consider a Local Law to amend Chapter 250-38 of the Code of the Village of Rye Brook regarding Home Occupations to the Planning Board of the Village of Rye Brook. Board of Trustees Meeting July 13,2004 Page 1 4) Setting a Public Hearing for July 27, 2004 to consider a Local Law to add Chapter 214 to the Code of the Village of Rye Brook regarding Stop Work Orders. 5) Establishing 2004-2005 Compensation of Non-Union Employees. 6) Appointing Keane and Beane, P.C. as the Village Attorney for the Village of Rye Brook. 7) Appointment of Intermediate Account Clerk—Typist. 8) Considering the award of Contract 904-04: 2004 Road Resurfacing for High Street, Old Oak Road, Elm Hill Drive, Country Ridge Drive, Dorchester Drive and Boxwood Place. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION: Follow up on West Ridge Street installations by Verizon. DISCUSSION: Update on the 29-Acre Village property next to Bellefair and the Bellefair amended site plan obligations. DISCUSSION: Parcels of Village owned land to be considered for dedication as parkland for passive recreation use. DISCUSSION: The status of 492 North Ridge Street Zoning Code compliance issues. DISCUSSION: Village Laws regarding signs. DISCUSSION: Proposed modifications of Chapter 240 of the Code of the Village of Rye Brook. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting July 13,2004 Page 2 NEXT TRUSTEES MEETINGS: July 27, 2004 and August 17, 2004 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Keith E. Rang,Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi,Village Engineer Marilyn Timpone Mohamed, Village Consultant Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator CONVENE: Mayor Lawrence Rand called the meeting to order at 7:30 p.m. He noted that a meeting was held with Westchester County Management and the Board of Trustees at 6:30 p.m. Members of the County Legislator gave a presentation on the Terminal Capacity Agreement. The meeting was videotaped and will be running on cable for the next few of weeks. Mayor Rand recommended that residents watch this tape because this is a subject that is important to Rye Brook. Mayor Rand called for the first item on the agenda. PUBLIC HEARINGS: 1) CONSIDERATION OF THE VAN DER WATEREN SITE PLAN APPROVAL APPLICATION FOR 548 AND 550/552 WESTCHESTER AVENUE Mayor Rand called for a motion to open the public hearing. On a motion made by Trustee Dean Santon, and seconded by Trustee Richard Buzin, the hearing was opened. Mayor Rand called upon the applicant for a presentation. Bernard Edelstein, Esq., addressed the Board as representative for the applicant. He noted that the applicant, Robert Van der Wateren, was in attendance, as was the Engineer, Thomas Ahneman of J.A. Kirby Company. Board of Trustees Meeting July 13,2004 Page 3 Mr. Edelstein noted that this project began almost one year ago. What appeared to be a fairly straight forward project to add off-street parking to a residential dwelling where there previous was zero parking took on a life of its own. Mr. Van der Wateren owns the property at 548 Westchester Avenue, which is a two- family dwelling, and he is a corporate shareholder of the Corporation that owns 550-552 Westchester Avenue. 550-552 has a non-conforming six-family dwelling on it. Both properties are in an R-2F Zone. The six-family unit has no off-street parking, however, the two-family unit meets all parking standards. Mr. Van der Wateren made an application to construct parking behind the six-family dwelling because the tenants in that building currently parked on Westchester Avenue, which is a very busy thoroughfare. To make matters worse, during the winter months there is no parking overnight which meant that the tenants had to go a little further, and park on Hawthorne. Last year the residents on that street complained to the Village about the parking situation and the Village moved the "No Parking"regulation onto Hawthorne, back about 200 feet. This made it more problematic for these tenants to find parking. In addition to the inconvenience, the largest problem was the safety of the tenants crossing Westchester Avenue. Crossing Westchester Avenue at night can be quite dangerous. Mr. Van der Wateren decided to try and add parking and he submitted an application to the Village. The original plan was to install eleven parking spaces behind 550-552 Westchester Avenue. His intention was to grant an easement from 548 Westchester Avenue to 550-552 Westchester Avenue to use the driveway pre- existing at 548 Westchester Avenue. There were many procedural delays, misinformation, and then confusion over which Board should proceed first. With the assistance of the Village Attorney, Jennifer Porter, Esq., the applicant was finally directed to the correct Board. After comments from Village Staff and Consultants, the plans were changed. The plan now before the Board of Trustees was for five parking spaces behind 550-552 Westchester Avenue, removal of the original driveway at 548 Westchester Avenue, and the construction of a new driveway resulting in only one curb cut on Westchester Avenue. The Planning Board recommended approval of the application on March 4, 2004, subject to conditions. Mr. Van der Wateren agreed to meet each and every one of the conditions, which he has. A balance was reached between the Impervious Surface Ordinance and the Off-Street Parking Ordinance. Slight modifications in connection with drainage and lighting were made at the request of the Village's Engineer. Mr. Edelstein stressed the point that no construction was every contemplated or suggested for any of the structures. However, the Building Inspector was directed to make an inspection of the six-family dwelling to determine whether or not it was a legal six-family dwelling. When Mr. Van der Wateren purchased the property, approximately ten years ago, it was a six-family dwelling. A letter was submitted to Mr. Van der Wateren stating what the use of the building was and whether or not there were any violations of record. Mr. Van der Wateren did nothing to the buildings to change the make up of the number of dwelling units. While in the process, the issue of whether or not this was a legal six-family Board of Trustees Meeting July 13,2004 Page 4 dwelling was brought up. On May 260' the Village's Attorney issued a report which clearly states "...that sufficient information existed to sustain the use of the property as a six-family dwelling." The Building Inspector and the Fire Department inspected the dwelling and issued a report with recommendations to bring the dwelling up to Code—using the current Code. Mr. Van der Wateren has agreed to comply with these requests. Mr. Edelstein noted that this application removes parking off of Village streets. This is a plus for the Village, tenants, and Mr. Van der Wateren — a win-win situation all the way around. He respectfully requested that the Board of Trustees grant approval. Mayor Rand thanked the applicant for the presentation. He turned to the Board for questions and/or comments. Trustee Dean Santon reserved the right to make comments on this matter after all comments from the public were made. Mayor Rand called for members of the public wishing to make comments. A tenant of 550 Westchester Avenue addressed the Board. She thanked Mr. Van der Wateren for making the application, and going through the very lengthy process. She noted that she was in favor of this application and hoped that the Village was approve the application. Mr. Thomas Ahneman of J.A. Kirby Company addressed the Board. He noted that the applicant was trying to accomplish the construction of five new parking spaces located at 550/552 Westchester Avenue. The new driveway will be constructed in accordance with the New York State Department of Transportation specifications. The grading is minimal. The review process has included planting, lighting, impervious surfaces, and the number of parking spaces. He presented a drawing dated July 2, 2004, Revision #6, to the Board as a visual aid. Mr. Victor Carosi, Village Engineer, noted that the Building Department had a copy of this drawing. He also noted that there were minor revisions made on this plan. Trustee Santon stated that the Planning Board reviewed Revision 95, dated January 2004. Mr. Ahneman responded that the latest revision included drainage details. Mr. Ahneman noted that grading of the property would be relatively minimal. He also noted that an easement has been submitted from 548 Westchester Avenue. Two dry wells have been installed, two variances were granted by the Zoning Board of Appeals for 550/552 Westchester Avenue, and many improvements have been made. On behalf of the application, he also respectfully requested that the application be approved. Trustee Robert Harris noted that the application would not be increasing run off, but actually decreasing the amount of water that would run off site. Mr. Ahenman noted that there was a decrease. Board of Trustees Meeting July 13,2004 Page 5 Trustee Santon began by noting that, in his opinion, there was a question regarding the legal disposition of the site and the Village Attorney's opinion that this was a six-family dwelling. He also stated that he felt it would make more sense to simply shift the lot line, and create a re-subdivision. This would alleviate the need for the easement. He felt that the properties should be balanced out by moving the lot line and putting the driveway for 550-552 Westchester Avenue on its own property, and leave 548 Westchester Avenue as a stand-alone-unit. Mr. Edelstein noted that a new subdivision would increase the non-conforming use. There are tax considerations, as well as other considerations with the most obvious one being two curb cuts for two driveways. Trustee Santon stated that, in his opinion,he felt that this application did not make good planning sense. The Board of Trustees is the Lead Agency and makes the final decision. He asked what would be the opposition to reapportioning the property. He felt that creating two properties that were stand alone properties made much better sense. Mr. Van der Wateren, the applicant, addressed the Board. He stated that adding property from 548 Westchester Avenue to 550/552 Westchester did not make sense. Taking land from 548 Westchester Avenue would decrease the value of that property. Trustee Santon disagreed with this statement. Mr. Van der Wateren noted that this would reduce the amount of open space. Mr. Edelstein noted that the portion of property that Trustee Santon was suggesting be transferred was impervious surface. 548 Westchester Avenue is already 120 square feet below the maximum limit. Having considered this suggestion, it was noted that the reapportioning of the lots did not make a lot of logistical sense. Trustee Santon persisted that there was an imbalance because the six-family dwelling was on a lot 1/3 the size of the two-family dwelling's lot. He wanted reassurance that Mr. Van der Wateren would not install an additional driveway at 548 Westchester Avenue. Mr. Edelstein noted that there was a process in place in Rye Brook and, if this idea was considered at a later date, the applicant would have to come back to the Village with an application, and come back before each Board with this request. Trustee Joan Feinstein questioned if the same problems would have existed if the two parcels were not controlled by the same person. There would be no way to reapportion the lots if they were not owned by the same person. Although she understood Trustee Santon's point, she felt that if the properties were not owned by the same individual then this matter would not have been raised. She noted that there must be a balance between safety and the integrity of the community, with safety being the paramount issue in this application. Trustee Santon felt that the five spaces being proposed doesn't solve the problem of parking. Other cars will find the voids left on the streets. He stated that the Board of Trustees Meeting July 13,2004 Page 6 Board should consider his suggestion of the re-subdivision. He asked that the Village's Attorney address this matter. Mr. Beane noted that this matter had been discussed. The Village does not have the authority to compel subdivisions. He noted that if there was a voluntary agreement to subdivide the question was raised of whether or not this would impact non-conforming use. The answer to that question was yes. The easement is an easement in perpetuity. In order for the easement to change someone has to change it. A restriction can be added to the easement stating that as long as Mr. Van der Wateren owns the properties it cannot be changed. It was noted that once the curb cut was extinguished, installation of a new curb cut would require approval from the New York State Department of Transportation, as well as an Impervious Surface Coverage Variance from the Village of Rye Brook. On a motion made by Trustee Harris, and seconded by Trustee Feinstein, the public hearing was closed. Mr. Keith Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 1) APPROVING THE VAN DER WATEREN SITE PLAN APPROVAL APPLICATION FOR 548 AND 550/552 WESTCHESTER AVENUE. Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Feinstein, the following resolution was adopted: RESOLUTION APPROVING A SITE PLAN APPLICATION FOR 548 AND 550/552 WESTCHESTER AVENUE WHEREAS, Robert H. van der Wateren/550 Realty Corporation, is the owner of two adjacent properties located at 548 and 550/552 Westchester Avenue and has made an application to the Village of Rye Brook, requesting site plan approval for site improvements that include an access easement, a new curb cut Board of Trustees Meeting July 13,2004 Page 7 and driveway and five (5) additional parking spaces on the subject properties which are located in the R-2F Zoning District; and WHEREAS, the Village of Rye Brook Board of Trustees, as Lead Agency, pursuant to the State Environmental Quality Review Act (SEQRA), has reviewed the Full Environmental Assessment Form (EAF) prepared by the Applicant; and WHEREAS, the Board of Trustees declared the project to be an Unlisted Action; and WHEREAS, the application was referred by the Board of Trustees to the Village Planning Board and Planning Consultant for a report and recommendation on August 26, 2003; and WHEREAS, the Board of Trustees has received and reviewed the reports and recommendations regarding easements, parking area design, landscape and screening, drainage, lighting and impervious coverage submitted by the Planning Consultant and staff, the memorandum addressing the nonconforming status of the property at 550/552 Westchester Avenue prepared by Village counsel, and comments received from the Westchester County Department of Planning regarding parking lot design and NYS DOT review of the proposed curb cut; and WHEREAS, on March 9, 2004, the Board of Trustees referred the application to the Village of Rye Brook Zoning Board of Appeals for review and action regarding relief from the requirements of Sections 250-37(D) and 250- 6(G)(1) of the Zoning Code; and WHEREAS, by resolution dated June 1, 2004, the Rye Brook Zoning Board of Appeals granted the applicant a variance from the requirements of Section 250-37(D), regarding impervious coverage, which included certain conditions; and WHEREAS, by resolution dated June 1, 2004, the Rye Brook Zoning Board of Appeals granted the applicant a variance from the requirements of Section 250-6(G)(1), regarding off-street parking, which included certain conditions; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on July 13, 2004, the Board of Trustees held 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 Board of Trustees Meeting July 13,2004 Page 8 WHEREAS, the Board of Trustees, in its capacity as lead Agency for the review of the subject application, hereby adopts a negative declaration finding that the project will not result in any significant adverse environmental impacts; and WHEREAS, the Board of Trustees, after due deliberation, finds the proposed construction project for site improvements that include an access easement, a new curb cut and driveway and five (5) additional parking spaces on the subject properties would be in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the Site Plan subject to the following conditions: 1. The grading and drainage, erosion and sediment control and lighting plans shall be reviewed and approved by the Village Engineer prior to issuance of a building permit; 2. The landscape plan shall be reviewed and approved by the Village Engineer and Village Planning Consultant prior to issuance of a building permit; 3. The applicant will comply with the conditions set forth in the Rye Brook Zoning Board of Appeals resolution dated June 1, 2004, which are as follows: a) Submission to, and approval by the Village Attorney of an easement respecting the driveway to be installed on Lot 548, which easement must run with the land; and b) Construction of a drainage plan to be approved by the Board of Trustees pursuant to its site plan approval process; and c) Compliance with all outstanding inspection reports and recommendations of the Building and Fire Inspector as set forth in the written report dated April 20, 2004; and d) Installation of one hour fire resistant rated walls in the exit corridors and three-quarter fire rated out-swinging exit doors, with appropriate panic hardware; and e) Construction shall begin within one year of the granting of the variance. Mr. Beane noted that all of the recommendations made by the Planning Board were part of the record. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING NO MAYOR RAND VOTING AYE Board of Trustees Meeting July 13,2004 Page 9 Mayor Rand called for the second public hearing: 2) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 91-2 AND CHAPTER 219-13 OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING THE EXPIRATION OF BUILDING PERMITS. A motion was made by Trustee Feinstein, and seconded by Trustee Santon, to open the public hearing. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Trustee Santon felt that no motion was needed to open a public hearing. Mayor Rand declared the public hearing open. He asked for background on this issue from Mr. Christopher Bradbury, Village Administrator. Mr. Bradbury noted that the Village was looking to establish an expiration for Building Permits. At the last meeting the Board of Trustees discussed ways to approach this matter. The purpose of the public hearing was to gather additional comments. Also to be discussed were penalty fees. Trustee Feinstein raised a question in connection with work being completed, but no Certificate of Occupancy being applied for. Mr. Beane responded that the Building Permit would expire and the individual would have to reinstate it. The resolution was drafted to clearly define what happens when a Building Permit expires. Trustee Richard Buzin felt that after reviewing the penalty section, the penalty should be at a higher rate. Trustee Santon commented that one year is a long time for a residential construction project. Projects that are not completed in a timely manner are eye-sores and affect the character of the neighborhood. He felt that there were no consequences to residents that come in to legalize issues that never received Building Permits, other than paying a nominal permit fee. He was also concerned about Special Use Permit holders and whether they were considered residential or commercial. Mr. Bradbury noted that if a Building Permit is taken out and approved, and work started and then stopped, then it can be addressed by this new Local Law. Mayor Rand noted that this is a policy decision that the Village does not want to rush. There have been many situations where there is no closure, and this begins the process to come up with a policy, and the public hearing can remain open. This is Board of Trustees Meeting July 13,2004 Page 10 an issue that has come before the Board and the rights' of the homeowners must be adjudicated along with the rights' of the neighbors who have to live with a situation that can become an eye-sore if not completed. The public hearing begins the process of coming up with a suitable policy. Mayor Rand called for comments from members of the public. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that he has seen projects that take two to two and a half years to be completed. Accurate time limits and penalties must be set. He felt that Rye Brook was going too far at times, and that they were losing the flexibility and leeway. The diversity that made this Village could be destroyed in trying to make it look like something. Another resident noted that Rye Brook is made up of people from different ethnic, commercial, occupations, economic backgrounds. These people are now being subjected to a situation that is out of control. There is a Code in place. He stated that it does not do any good to pressure people who have run out of money. Mayor Rand noted that the Village was looking to avoid situations that were open-ended. The Board of Trustees is trying to avoid having a hole in the ground for two or more years, or a home that is unoccupied or un-worked upon for many, many months. He pointed out that this is not an easy issue to deal with. Trustee Santon questioned how the Village could compel someone into doing something that they are either not financially, or for other reasons, not motivated to do. Fines, penalties and fees are being pondered. There are many issues that still need to be addressed. Mr. Bradbury noted that the Village's review included looking at other municipalities. He suggested keeping the public hearing open so that additional research could be completed. Mayor Rand agreed that additional homework needed to be done on this matter. He directed Mr. Bradbury, Mr. Carosi, and Mr. Beane to continue review of the matter. Mr. Beane suggested that he would return the first week in August with a different proposed Local Law, which will include the definitions of residential and commercial. Trustee Santon noted that the Village did not want to get into a position of taking of private property. He wanted the Local Law to have the ability to push towards completion, and suggested that certain language be included when Permits are issued — including a timetable. The outer appearance of a property should not be a negative. Mayor Rand requested a motion to keep the public hearing open On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the public hearing was adjourned to August 10, 2004. Board of Trustees Meeting July 13,2004 Page 11 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING TREE PERMIT PROCEDURES. Mayor Rand noted that a request was received by the Board of Trustees from the members of the Tree and Beautification Committee requesting that the public hearing be adjourned. They feel that this public hearing is premature as they have not completed the work requested of them. Mr. Bradbury noted that many issues were put on the table. He suggested that the public hearing be reset at a later date. Trustee Feinstein felt that this matter should not be fast tracked. On a motion made by Trustee Feinstein, and seconded by Trustee Santon, the public hearing was opened for discussion. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury reminded the Board that there were some pending applications that would be heard by the Board of Trustees. Trustee Santon felt that before applications could be heard clear requirements should be set forth. Ms. Timpone Mohamed was asked to address this matter. She suggested that the Board could continue the review at the Trustees meeting of July 27, 2004. Mr. Beane agreed and suggested that the public hearing be kept open. Trustee Santon made a motion to adjourn the public hearing until the July 27, 2004 Board of Trustees meeting. Trustee Buzin seconded the motion. Board of Trustees Meeting July 13,2004 Page 12 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) CONSIDERATION OF A LOCAL LAW TO ADD CHAPTER 105, CONSERVATION EASEMENTS, TO THE CODE OF THE VILLAGE OF RYE BROOK. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the public hearing was opened. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Ms. Timpone Mohamed,Village Consultant,was called upon for an update. Ms. Timpone Mohamed, from Frederick P. Clark Associates, noted that before the Board was a new Local Law regarding Conservation Easements. This is the enabling portion of the legislation that was originally drafted and included Scenic Roads Overlays. That area has been removed because it was difficult to place the larger law within the Village's Code. The Local Law essentially enables the Village to accept Conservation Easements for either entire properties or portions of properties within the Village. A Conservation Easement can be used to preserve open space or natural/architectural features of significance on particular properties. The Easements can be placed by the Village or by an applicant on private property. The Scenic Roads Overlay District addresses the desire to place a Conservation Easement along the portions of properties along the right-of-way to preserve vegetation or certain other items. The Village will have to determine how these Conservation Easements would be handled. These Easements involve long-term monitoring of the property. The Westchester Land Trustee is willing to meet with the Board of Trustees to discuss the issues. Ms. Timpone Mohamed noted that this is an important planning tool for the Village. It is also an important preservation and conservation tool that the Village would benefit from. Board of Trustees Meeting July 13,2004 Page 13 Trustee Harris noted that a area to be discussed would be tax benefits for either the Village or the property owner. Ms. Timpone Mohamed noted that the benefit to the owner of the property is that when a Conservation Easement is placed it is considered a charitable contribution and as such it is deducted from the property owners' income tax over a period of time. What it does not do, directly, is alter property taxes — although there is the possibility of either an increase or a decrease in the value of the property. That is up to the Tax Assessor, and not the Village of Rye Brook. An individual is only allowed to deduct up to a certain portion of your income, and the amount that can be deducted is dependent on the individual's income. Ms. Timpone Mohamed noted that the Westchester Land Trustee stated that the value of the property goes up very often because Conservation Easements are a good thing. It is up to the individual Tax Assessor as to whether this would change the tax basis of the property. It is also dependent upon the size of the easement. Trustee Santon noted that a lot of time has been spent on presenting various landscape and architectural elements that could be preserved. He expressed his concern that many of the rock walls could be within the Village's right-of-way. The goal is to preserve the streetscapes within the Village. He was hoping that a Conservation Law would be a tool that the Village could use with or without the consent of the property owner to protect certain elements. Ms. Timpone Mohamed responded that Landmarking was a different mechanism. The Village can suggest to an applicant that a Conservation Easement be placed as a condition of a site plan or subdivision approval. If an owner accepts a Conservation Easement as a condition of a site plan or subdivision approval then they are not entitled to take a tax deduction because it is no longer considered a charitable donation. This legislation allows the Scenic Overlay District's requirements to be monitored and preserved. Trustee Santon felt that the Village must inventory and record what the Village is looking to protect — whether it is a stonewall or a rock wall. No one needs a permit to remove or build a stonewall. Ms. Timpone Mohamed that this was currently true. Trustee Santon felt that the Village should do something to preserve open space,rock walls, etc. Ms. Timpone Mohamed noted that when the legislation that is currently being worked on is completed the Village will have a better picture of how all of the new regulations work together to preserve and maintain what the Village has. Ms. Timpone Mohamed noted that a lot of time has been spent on drafting the regulations. She suggested reviewing the Site Plan Review and the Scenic Road Overlay together. That way the Village can make sure that whatever holes exist are closed. Mayor Rand asked Mr. Bradbury to address whether or not this public hearing should be continued. Mr. Bradbury noted that all of the amendments are geared Board of Trustees Meeting July 13,2004 Page 14 towards improving the streetscapes and quality of life issues. This matter was referred to the Planning Board and referred back to the Board of Trustees. The Scenic Overlay District is still being reviewed by the Planning Board. Other Code modifications are also currently being discussed. All of the modifications could not be discussed at one meeting. There are well over ten different sections of the Village's Code currently being modified. Trustee Harris agreed with Mr. Bradbury that reviewing all of the amendments would be too much to handle at any one time. Mr. Harvey Schiller addressed the Board of Trustees in order to discuss this matter. He noted that it was not until the meeting began that he found out that the Scenic Overlay District and Conservation Easements had been separated. He noted that the Village has very little open space left. Once a resident gives up their rights and creates an easement they can't even cut the grass on that property any longer. This land must now be maintained by the Land Trust. He felt that the tax advantage that a property owner would receive was very small. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that there was a lot of confusion about land trusts. He stated that the property owner maintains the property. The Land Trust just ensures that the land is not subdivided and ten or twenty or thirty houses are constructed on it. Nothing else changes. In most communities the Tax Assessors take this into consideration. Mr. Heller reminded everyone that this is a gift for the community. The Village must make sure that it does not make it so difficult that a land owner cannot place a Conservation Easement on their property. The neighbors will be happy with these easements because it means open land around them forever. They will not have a house constructed 15 feet from their property line. Anyone who places a Conservation Easement is hoping to give to the community. Mayor Rand noted that it was clear that the public hearing could not be closed. Additional information should be solicited from the Environmental Council. Mr. Schiller noted that a meeting had been scheduled for July 200' to discuss this matter. On a motion made by Trustee Santon, and seconded by Trustee Harris, the public hearing was adjourned to the July 270'meeting. Trustee Santon had a question on the topic that he asked be addressed before the public hearing was closed. Mayor Rand noted that the public hearing would be open until the July 270', at which time discussion would continue. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING NO MAYOR RAND VOTING AYE Board of Trustees Meeting July 13,2004 Page 15 Mayor Rand called for a five minute break. Upon the Board's return, Mayor Rand noted that the second resolution on the agenda would be covered at the July 270'meeting. Mayor Rand called for the third resolution on the agenda: 3) SETTING A PUBLIC HEARING FOR JULY 27, 2004 TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HOME OCCUPATIONS TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Bradbury read the resolution. On a motion made by Trustee Harris and seconded by Trustee Buzin, the following resolution was adopted: RESOLUTION REFERRING A LOCAL LAW TO AMEND CHAPTER 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK CONCERNING HOME OCCUPATIONS TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Section 250-38 of the Code to incorporate provisions regulating the hours of operation for new and existing Tier II home occupations; and WHEREAS, the Board of Trustees has complied with the provisions of the New York State Environmental Quality Review Act by declaring itself lead agency and by determining that adoption of such local law is a "Type II" action and therefore,no further environmental review of the proposed action is required. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the subject application to the Westchester County Department of Planning, adjacent municipalities, the Village Planning Board and the Planning Consultant of the Village of Rye Brook for a report and recommendation. Mayor Rand reminded everyone that this was a referral. Board of Trustees Meeting July 13,2004 Page 16 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) SETTING A PUBLIC HEARING FOR JULY 27, 2004 TO CONSIDER A LOCAL LAW TO ADD CHAPTER 214 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING STOP WORK ORDERS. Mr. Bradbury read the resolution. On a motion made by Trustee Buzin and seconded by Trustee Feinstein, the following resolution was adopted: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO ADD CHAPTER 214 TO THE VILLAGE CODE REGARDING STOP WORK ORDERS WHEREAS, the Village desires to incorporate language into the Village Code regulating illegal work, labor, services or uses through the issuance of stop- work orders; and WHEREAS, a local law has been proposed to add Chapter 214 to the Code of Village of Rye Brook regarding stop-work orders. NOW,THEREFORE BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on July 27, 2004 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to add Chapter 214 to the Code of the Village of Rye Brook regarding stop-work orders. Mayor Rand called for discussion. Trustee Santon questioned why no Planning Board referral was being made. Mr. Beane responded that this Local Law was being added to a Chapter of the Village's Code that did not involve Zoning and Planning. Board of Trustees Meeting July 13,2004 Page 17 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 5) ESTABLISHING 2004-2005 COMPENSATION OF NON-UNION EMPLOYEES. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Buzin, the following resolution was adopted: RESOLUTION ESTABLISHING 2004-2005 COMPENSATION OF NON-UNION EMPLOYEES RESOLVED, that the following annual salaries for the positions listed below are hereby approved effective June 1, 2004. TITLE SALARY Village Administrator/Clerk $116,050 Secretary to Village Administrator $49,000 Treasurer $83,740 Deputy Treasurer $70,597 Bookkeeper $36,400 Office Assistant—Financial $34,931 Caretaker(Village Offices) $30,289 Communications Services Coordinator $53,000 Village Engineer $90,337 Acting Building Inspector/Asst. $67,893 Sr. Office Assistant—Building $40,296 Intermediate Account Clerk/Typist- Building $34,644 Police Chief $110,938 Police Lieutenant $98,163 Office Assistant(Automated Systems) (Police) $42,320 General Foreman $67,855 Coord.—Senior Citizen Services $70,886 Recreation Assistant(Rec. Office) $42,176 Caretaker(AJP) $31,456 Superintendent of Recreation $67,763 Recreation Assistant $37,387 Recreation Assistant $37,387 Recreation Assistant(AJP) $34,550 Board of Trustees Meeting July 13,2004 Page 18 AND BE IT FURTHER RESOLVED, that the following benefits are adjusted: ■ Authorization to change health plans to NYS Empire Plan (Core Plus Enhanced) effective 01/01/05. ■ Eyeglass reimbursement changed to $300 every two years. ■ Eliminate reference in benefit manual limiting days to one bereavement event per year. ■ Up to 2 of employees' sick leave days per year may be utilized to attend to a sick immediate family member. Mayor Rand asked for an overview from Mr. Bradbury. Mr. Bradbury noted that the Board met in an Executive Session to discuss personnel issues. He noted that every year the Village meets with all of the department heads and employees and written performance evaluations are given. Evaluations are reviewed with the department managers, and recommendations are given to the Village Board. Individual increases are based on merit and other issues; it is not an across the board increase. The increases range from a low of 0% to a high of 5.5%. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 6) APPOINTING KEANE AND BEANE, P.C. AS THE VILLAGE ATTORNEY FOR THE VILLAGE OF RYE BROOK. Mayor Rand noted that this matter was still the topic of discussion during an Executive Session. Mayor Rand called for the next item on the agenda: 7) APPOINTMENT OF INTERMEDIATE ACCOUNT CLERK—TYPIST. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Feinstein, the following resolution was adopted: Board of Trustees Meeting July 13,2004 Page 19 RESOLUTION APPOINTMENT OF INTERMEDIATE ACCOUNT CLERK-TYPIST RESOLVED, that Jennifer Leichter of 202 East Garden Road, Larchmont, New York, is hereby appointed to the position of Intermediate Account Clerk- Typist 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 effective start date is July 14, 2004 with a probationary period of 52 (fifty-two)weeks. Mr. Bradbury noted that Jennifer was an intern in the Building Department. She took the test for an Intermediate Account Clerk Typist. She did an excellent job in the Building Department over the past two years. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 8) CONSIDERING THE AWARD OF CONTRACT #04-04: 2004 ROAD RESURFACING FOR HIGH STREET, OLD OAK ROAD, ELM HILL DRIVE, COUNTRY RIDGE DRIVE, DORCHESTER DRIVE AND BOXWOOD PLACE. Mr. Bradbury read the resolution. On a motion made by Trustee Harris and seconded by Trustee Santon, the following resolution was adopted: RESOLUTION AWARDING CONTRACT #04-04 2004 ROAD RESURFACING HIGH STREET, OLD OAK ROAD,ELM HILL DRIVE, COUNTRY RIDGE DRIVE,DORCHESTER DRIVE AND BOXWOOD PLACE WHEREAS, the Village of Rye Brook has solicited bids for contract 04- 04 "2004 Road Resurfacing — High Street, Old Oak Road, Elm Hill Drive, Country Ridge Drive, Dorchester Drive and Boxwood Place"; and Board of Trustees Meeting July 13,2004 Page 20 WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on June 23rd and 27th, 2004; and WHEREAS, at 10:00 a.m., Wednesday, July 7d', 2004, all bids received were opened as summarized below; and BIDDER BID AMOUNT ALTERNATE"A" BID BOND 1. ELQ Industries $193,462.00 $35,140.00 Yes 2. Columbus Construction Corp. $217,998.00 $43,925.00 Yes 3. Peckham Road Corp. $234,590.00 $29,429.75 Yes WHEREAS, upon reviewing the bids, the Village Engineer and consultant have determined that the lowest responsible bidder meeting the requirements of the contract documents is ELQ Industries for the bid price of $193,462.00, and WHEREAS, $300,000 has been designated in the 2004-2005 Capital Budget for roadway resurfacing, and WHEREAS, the Village Engineer and consultant recommend inclusion of bid alternative"A", cold milling, in the amount of$35,140. NOW,THEREFORE,BE IT HEREBY RESOLVED, that contract 904-04 "2004 Road Resurfacing — High Street, Old Oak Road, Elm Hill Drive, Country Ridge Drive, Dorchester Drive and Boxwood Place" is hereby awarded to ELQ Industries for the total bid price of$228,602.00; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Feinstein questioned the amount of the soft costs and whether or not the Village would use any funds that might be left over to resurface other roads. She also noted that Rye Brook has discussed resurfacing streets that have never been resurfaced. She asked if a schedule has been set up to resurface these streets. Mr. Bradbury noted that $13,000 to $15,000 would be the total for soft costs. Adding this to the amount, the balance is available for additional work. Mr. Carosi and Mr. Bradbury have discussed this matter. There are plans to resurface from Rocking Horse to Dorchester, and it can be expanded from Dorchester to Fairlawn. These monies are in the Capital Budget. Board of Trustees Meeting July 13,2004 Page 21 Mayor Rand noted that drainage problems have been discovered in the new parking facility at Village Hall. Mr. Carosi noted that the Village is trying to address some subsurface conditions that exist here at Village Hall. There is a clay material below the asphalt which creates a bit of a problem in trying to establish a firm, stable base to add a roadway upon. A number of repairs have been made in the parking lot. Some under drains will be installed. Mr. Carosi stated that a question that everyone asks is how the Village determines what roads need to be paved. He noted that there was no right or wrong answer. This is a dynamic process. Asphalt roadways have, on average, a life of 15 to 20 years, depending on the traffic volume. Every year the Village reexamines the roads. Each road is evaluated every Spring and a list is put together; taking a reasonable approach to repair the worst roads. A discussion of roads that have been resurfaced, and ones that need to be resurfaced ensued. Mr. Carosi noted that the Village is concerned about water not making it into the basins or running into driveways. Older layers of asphalt have been removed by milling them down. Also discussed was the timing of the work. Mr. Carosi noted that his goal was to have this project done before the beginning of Labor Day. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that one of the local newspapers ran a story about the sale of the Altria property on Westchester Avenue to one of the possible bidders. As far as the Village can determine, the article is correct. A more complete announcement will follow. The Village has also learned that this building may be converted into a multiple office building. Not mixed use. There will not be any requirements to consider any adjustments in Zoning, but there may be a few building permits required. Nothing has been asked of Rye Brook at this time. The sale of this building means that it will be placed on the tax roll, which is a benefit for the Village and the school districts. When more definitive information is received, it will be passed on to the residents. ADMINISTRATOR'S REPORT Board of Trustees Meeting July 13,2004 Page 22 Mr. Bradbury was called upon for an update of projects within the Village. He began by updating the Board on the issue of encroachments on park property. Violations have been issued. The Village has met with the Westchester County Environmental Planner to get recommendations on several items, including Brook maintenance and the appropriate buffer that the Village should maintain. The Village is considering the impact on the buffer and the capital project that includes a detention basin in the area of Rich Manor. The Village has decided to continue to enforce the physical encroachments on Village parkland. It will also continue to review information and consider license agreements. The Village has received the reimbursement from the developer for the cost of renumbering at Bellefair. The signage will be up in a few weeks. Mr. Bradbury addressed the sprinkler law, and which properties should be sprinklered. He noted that the Village has several commercial properties that are sprinklered. He updated the Board regarding mercury found in Rye Brook. The EPA has been called in and samples were taken. There has been removal and remediation, and additional testing will be conducted this month. The materials found have been disposed of. Mr. Bradbury noted that there has been some success with additional screening around utility boxes. Verizon has appointed a supervisor to address this issue with the Village. NEW BUSINESS DISCUSSION: Follow up on West Ridge Street installations by Verizon. Trustee Santon noted that he placed this matter on the agenda. He stated that on February 22, 2004, he presented photographs of the West Ridge Street installation. The Board has now been given the correspondence that went back and forth between the Village Engineer and the representative of Bell Atlantic. He outlined applications and requests made by the telephone utility company, beginning with when they were named Bell Atlantic going through Verizon. He also noted that Verizon trucks are often parked in various areas of the Village, three or four trucks at a time. Mr. Carosi and Mr. Bradbury were to review this matter, and draft a letter to Verizon. The question of whether or not this installation encroaches on private property has not yet been answered. Mr. Beane noted that a letter has been written to Verizon. He reminded the Board that Verizon is a public utility. The Village can try and compel Verizon to screen the installations. A resident of 58 West Ridge Street addressed the Board. She noted that her driveway was directly across from a Verizon box. She questioned why they were not advised that this installation was being constructed. The neighbors found out about the boxes when a backhoe showed up. She noted that there were many abuses by the Verizon employees Board of Trustees Meeting July 13,2004 Page 23 that need to be resolved. Trucks park on both sides of the streets, leaving a narrow corridor for traffic. It is very difficult to back out of the driveway. The truck drivers play loud music, have meetings, read newspapers, and just sit there with the trucks running. Last winter they put up a yellow tent, which was an eyesore. The resident requested that the boxes be removed. Mayor Rand requested that Mr. Beane look into what can be done. He also requested that Chief Robert Santoro have police officers enforce the Village's noise ordinance. This is a residential street. If the drivers are not working there, then they should be made to move along. A discussion ensued regarding prior applications by utility companies, denials of applications, requests for screening, locations chosen, locations suggested, possible encroachments on private property, whether or not these boxes are legally permitted, and complaints made by residents. Mr. Beane was directed to review this matter and find out what the Village's legal standing was. He was also directed to return at the next meeting with this information. DISCUSSION: Update on the 29-Acre Village property next to Bellefair and the Bellefair amended site plan obligations. Trustee Santon noted that the Village has 29-acres of land that was dedicated to the Village from the developer of Bellefair. The intention was to dedicate this land as passive recreational parkland use. This 29-acres can have a walking trail and active recreational uses, and certain areas can be used as a buffer between Bellefair and the runway. This property has been discussed by the Board of Trustees, referred to the Recreation and the Environmental Counsels, and the Facilities Committee to obtain recommendations and input, but nothing has been done. This is the single largest parcel of land that the Village of Rye Brook owns. The Village should continue exploring what it can be used for, even if it is only portions of the property. Mayor Rand noted that the Airport Committee suggested that a portion of the parkland to serve as a permanent buffer/protection against further expansion of the airport. He asked that this project be put back into motion, and the property be reviewed. Trustee Feinstein agreed with Trustee Santon and Mayor Rand. The matter was referred to the Recreation Counsel to consider what uses they would recommend for any portion of the 29-acre parcel. Mr. Schlatus of Bellefair addressed the Board. He asked that the Bellefair homeowners be included when discussions take place regarding this parcel. In a personal capacity, he commented that it was a good thing to ascertain uses of this property for the Village, however, he felt that it would be irresponsible to leave everyone with the impression that Board of Trustees Meeting July 13,2004 Page 24 these 29-acres is all useful land. Other than a relatively narrow strip of land along the peripheries of the acreage on Lincoln Avenue and King Street the rest of the land consists of steep slopes, a branch of the Blind Brook, and wetlands. No one wants to live with the thought that this property will be a consistence source of uncertainty, but it should be reviewed realistically. Development of this property could bring with it very drastic changes to the landscape. He reminded the Board that there are many mature trees on this property, which act like a buffer for noise, etc. from the airport. Mr. Schaltus noted that the Village has no nature conservancy area, and he felt that walking trails was a good idea. He also felt that tennis courts could be constructed on this area. The Board discussed funding, prior recommendations and uses, trees, and ecological effects. The matter was referred for review. DISCUSSION: Parcels of Village owned land to be considered for dedication as parkland for passive recreation use. Trustee Santon noted that he placed this matter on the agenda. He asked that the Village consider dedicating a portion of the 29-acres of Village owned land near Bellefair as parkland to preserve it as a buffer/open space parcel. He also asked that Harkness Park, the wooded portion, be kept as "park" land. Green open space provides a benefit for the entire community. He proposed that the Village consider certain areas of open-space for dedication as parkland, a passive recreational use. He asked that the Village Attorney and Staff review this matter, and that it be considered at a Board of Trustee meeting. Trustee Harris noted that the needs of the Village are growing. He suggested waiting for the recommendation from the Recreation Counsel, and the evaluation being prepared from F.P. Clark Associates, and then make a decision on uses for Village owned property. Trustee Feinstein agreed with Trustee Harris. Trustee Santon disagreed, noting that the land donated to the Village by the developer of Bellefair was done so because it was a buffer. He felt that a public hearing should be scheduled for this matter. Mr. Beane noted that once the land is dedicated parkland it is very,very difficult to change the status. Mayor Rand called for the discussion on Village Laws regarding signs: DISCUSSION: Village Laws regarding signs. Trustee Feinstein noted that this matter was discussed, and it was suggested that an amendment be made in connection with the length of times signs can be installed, and left up. She asked that other signs also be considered, i.e.: signs for homes that have been Board of Trustees Meeting July 13,2004 Page 25 signed. She asked that Village Staff and Consultants be asked for input on this matter. Mayor Rand noted asked Mr. Bradbury to look into this matter. The signs being referred to include signs such as real estate and construction signs. DISCUSSION: Proposed modifications of Chapter 240 of the Code of the Village of Rye Brook. Trustee Santon noted that residents have been complaining. It was noted that students at the Port Chester High School tend to congregate, play loud music, block driveways, and leave garbage when they are done on Neuton Avenue. He felt that parking and standing restrictions should be placed in this area to protect the residents of Rye Brook. He recommended that this matter be discussed at a public hearing, and that a draft Local Law be prepared by Village Staff. He suggested the first Board of Trustees meeting in August. NEXT TRUSTEES MEETINGS: July 27, 2004 and August 17, 2004 There being no further business before the Board, the meeting was adjourned. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting July 13,2004 Page 26