Loading...
HomeMy WebLinkAbout2004-07-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL,938 KING STREET Tuesday,July 27,2004 7:30 p.m. AGENDA 7:00 Executive Session—Negotiations and Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE REPORT: 1. UPDATE ON THE KING STREET INTERCHANGE STUDY BY WILBUR SMITH ASSOCIATES PUBLIC HEARINGS: 1. CONSIDERATION OF A LOCAL LAW TO ADD CHAPTER 105, CONSERVATION EASEMENTS OF THE CODE OF THE VILLAGE OF RYE BROOK 2. CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING TREE PERMIT PROCEDURES 3. CONSIDERATION OF A LOCAL LAW TO ADD CHAPTER 214 AND TO AMEND CHAPTERS 107 118, 130, 213 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING STOP WORK ORDERS RESOLUTIONS: 1. APPROVING ADOPTION OF A LOCAL LAW TO ADD CHAPTER 105, CONSERVATION EASEMENTS OF THE CODE OF THE VILLAGE OF RYE BROOK Board of Trustees July 27,2004 Page 1 2. ADOPTING A LOCAL LAW TO AMEND CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING TREE PERMIT PROCEDURES 3. ADOPTING A LOCAL LAW TO ADD CHAPTER 214 AND TO AMEND CHAPTERS 107 118, 130, 213 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING STOP WORK ORDERS 4. SETTING A PUBLIC HEARING FOR AUGUST 10, 2004 TO CONSIDER A LOCAL LAW AMENDING CHAPTER 250 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SCENIC ROADS OVERLAY DISTRICT 5. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING FRONT YARD SETBACK REQUIREMENTS IN THE R-20 DISTRICT 6. AUTHORIZING A REVISED AGREEMENT WITH FREDERICK F.P. CLARK ASSOCIATES 7. AUTHORIZING THE TRANSFER OF ADDITIONAL FUNDS FOR THE RYE BROOK FIREHOUSE PROJECT 8. AUTHORIZING THE USE OF THE TOWN OF HARRISON POLICE DEPARTMENT PISTOL RANGE 9. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 250-38 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TIER II HOME OCCUPATIONS 10. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL AW AMENDING CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS 11. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE 12. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 180 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLUMBING 13. AUTHORIZING THE 4TH ANNUAL VALLEY TERRACE BLOCK PARTY Board of Trustees July 27,2004 Page 2 ADMINISTRATOR'S REPORT OLD BUSINESS Village Attorney Update on Utility Matters DISCUSSION: Update on Various Red Roof Farm Subdivision Matters NEW BUSINESS DISCUSSION: Potential Reform of Various Violation Procedures DISCUSSION OF NON-AGENDA ITEMS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Meetings: August 10, 2004 and August 24, 2004 BOARD Trustee Richard Buzin Trustee Joan Feinstein Deputy Mayor Dean Santon Excused: Mayor Lawrence Rand Trustee Robert Harris STAFF: Christopher Bradbury, Village Administrator Keith E. Rang,Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi,Village Engineer Jennifer Porter, Esq., Village Counsel Marilyn Timpone Mohamed,Village Consultant Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio,Meeting Secretary CONVENE Deputy Mayor Dean Santon called the meeting to order. He noted that both Mayor Lawrence Rand and Trustee Robert Harris were excused from the meeting due to prior Board of Trustees July 27,2004 Page 3 commitments. As there was a three-member quorum, in order for a resolution to pass the vote would need to be unanimous. County Legislator Martin Rogowsky was welcomed to the meeting. Deputy Mayor Santon noted that Mayor Rand requested that he read a statement regarding a recent incident in Rye Brook. On behalf of the Village of Rye Brook commendations were awarded to members of the Rye Brook Police Department, the Westchester County Police Department, the Rye Brook Emergency Medical Technicians, Village Staff, and the Port Chester Fire Department for their individual and collective efforts on the morning of July 17, 2004 in a life saving mission. A highly distraught individual was prevented from committing an act that could have caused serious harm to himself and others. Deputy Mayor Santon thanked Chief Robert Santoro for the commitment of the Rye Brook Police Department. Deputy Mayor Santon called for the first item on the agenda. REPORT: 1. UPDATE ON THE KING STREET INTERCHANGE STUDY BY WILBUR SNHTH ASSOCIATES Mr. Tim Sorenson of Wilbur Smith Associates made a presentation, beginning with a Power Point presentation, on the King Street Interchange study. The presentation began at 7:45 p.m. and was concluded at 8:10 p.m. Mr. Sorenson noted that this study was done working in conjunction with Rye Brook and Greenwich. He noted that there have been a lot of people doing a lot of hard work on this project. A Steering Committee was created with members from both Rye Brook and Greenwich. This group has met approximately five times and began with an understanding of how the existing interchange operates. The objective was to develop a consensus plan to make the King Street Interchange safer and more user friendly while preserving the residential integrity of the neighboring communities. A public meeting was held, a mission statement was created, and goals and objectives were established. Finally, six concepts were created and considered. One of the problems addressed in these alternatives was the problem that left turns create. There needs to be clarity of direction, while minimizing the pavement. Traffic operations need to be made better, with safety as the ultimate goal. The proposed plans included a Clover Leaf, a Modified Clover Leaf, a Diamond Interchange, a Modified Diamond Interchange, a Single Point Interchange, and a Dual Roundabout Exchange. Mr. Sorenson briefly reviewed each of these alternatives, noting that four of the alternatives were easy to remove because of the impact to properties, substandard design, and other issues. Two of the Board of Trustees July 27,2004 Page 4 alternatives were researched and reviewed further. They are the Modified Clover Leaf and the Dual Roundabout Exchange. The Modified Clover Leaf removes left turns, adds a third lane to the Parkway, and relocates the off ramps. The Dual Roundabout Exchange has a smaller radius than a rotary. There are off and on ramps for the Parkway. This is a good concept for the area and it is easy to understand. While reviewing this project, it was found that the Bridge over the Merritt Parkway that has a weight restriction is very important. It keeps large trucks out of the area— or keeps them to a minimum. The objective is not to add additional lanes to this bridge. There is another concern regarding the taking of property, and the objective here is to minimize property takings. These alternatives will continue to be evaluated based upon criteria created based upon the goals and objectives. The ramps to the parkway must be fixed. The first step is to establish clarity regarding what lane people need to be in resulting in a lot less confusion. There will be traffic signals and, overall, conditions will be safer. The next steps include meetings with the residents to find out how they feel. Another public meeting will be scheduled for September. The goal is to have consensus between the two communities, and move forward with the project. Deputy Mayor Santon asked for dates that the next public meeting would be held. Mr. Sorenson noted that the Steering Committee meeting would be held first, and then the Village would be notified of the next public hearing. Mr. Christopher Bradbury, Village Administrator, noted that the King Street Interchange Brochure was available at the meeting and on the Village's website. Notification of future meetings would also be on the Village's website. Mr. Ken Heller of Lincoln Avenue addressed the Board on this matter. He felt that the annual growth projected for King Street was insufficient. He stated that trucks should be a major concern when considering alternatives for King Street. Deputy Mayor Santon responded that the consensus was that the King Street corridor not be expanded for the use of trucks. The objective is to ensure that trucks do not choose this as the desired route. Trustee Joan Feinstein questioned if there was an increase in traffic now that the Atrium Building on King Street was occupied. Chief Robert Santoro noted that there has been an impact on traffic between 8:00 a.m. and 9:00 a.m., as well as from 4:00 p.m. on. These are the same traffic patterns and movements that were seen when 900 King was occupied. The school traffic is the increase in the area. The size of the parking lot has been increased which means more cars are expected. Chief Santoro pointed out that any increase of traffic affects the King Street interchange. Mr. Sorenson was thanked for his presentation. Board of Trustees July 27,2004 Page 5 Deputy Mayor called for the first Public Hearing: PUBLIC HEARINGS: 1. CONSIDERATION OF A LOCAL LAW TO ADD CHAPTER 105, CONSERVATION EASEMENTS OF THE CODE OF THE VILLAGE OF RYE BROOK Deputy Mayor Santon declared the public hearing open at 8:20 p.m. Jennifer Porter, Esq., Village Consultant, was called upon for a brief overview of the law. Ms. Porter noted that this amendment started as amendments to Chapter 250 to allow for the addition of the Scenic Road Overlay District. During discussions it was found that tying in the Conversation Easements with Scenic Overlay District was too confusing. Therefore, a new Chapter was created. The goal of a Conservation Easement is to preserve the land and specific features by placing a permanent restriction on it. This means that if the landowner dies, his estate is still bound by the easement. The private landowner creates a Conservation Easement and either an agency, or not-for- profit corporation, enforces the restrictions. With respect to Conservation Easements, there is a benefit that can be created through income tax in that a property owner could take a deduction from their income taxes. The area of property taxes is a controversial area. There are no statutory provisions that govern Conservation Easements. As a Conservation Easement is a permanent restriction on the land, many feel that a property tax benefit should exist. The most recent amendments to Chapter 105 have incorporated comments made by the Planning Board, members of the Board of Trustees, Consultants and Village Staff. Ms. Porter reviewed these recent changes/amendments for the Board of Trustees. She noted that clarification was made to the terminology used. Deputy Mayor Santon noted that Conservation Easements are voluntary on the part of the property owner. They can also be used as conditions of approval in connection with site plan approval, subdivision, etc. Ms. Porter noted that if the Conservation Easement was part of the approval process, then it could be a condition of approval. Trustee Feinstein noted that the Conservation Easement would be done at the request of the homeowner,however, there was no procedure or fee set for this. Ms. Porter noted that the fee has intentionally been left out so that the Code Board of Trustees July 27,2004 Page 6 would not have to be amended whenever fees are changed. She agreed that forms need to be established to be kept on file in the Building Department. Deputy Mayor Santon questioned how the Building Department would notify the applicant that they would be triggering a Conservation Easement dialogue. Ms. Porter noted that there were triggers set within the law. This topic will be addressed when setting the public hearing. Mr. Victor Carosi,Village Engineer,noted that there are several triggers being proposed, and that the various laws cross-reference each other. More projects will be captured in the "net." Mr. Ken Heller of Lincoln Avenue addressed the Board. He pointed out that open space and Conservation Easements are a considerable gift to the community. He stated that the process is very complicated, and very expensive. He felt that the Tax Assessor must be in on the process from the beginning. The donation of open space is in the best interest of the Village. If there is no interest in this type of donation, then this should be made known to the property owner before they incur expenses. In addition, he expressed his opinion that the benefits for the individual, and the estate, should be made known first. The Lincoln Avenue corridor is changing and Conservation Easements are an opportunity to preserve the character of this area. Deputy Mayor Santon noted that the Board of Trustees is restricted to land use and does not have the ability of evaluating economic or tax impacts. There are two separate ways that easements can be created — voluntary or as a condition of site plan approval. He asked that the tax impacts be considered before the amendments are put in place. Edward Beane, Esq., responded that tax impacts cannot be considered,but land use can be. On a motion made by Trustee Richard Buzin, and seconded by Trustee Joan Feinstein, the public hearing was closed at 8:50 p.m. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Deputy Mayor Santon, with the permission of the Board, called for the resolution on the above matter. 1. APPROVING ADOPTION OF A LOCAL LAW TO ADD CHAPTER 105, CONSERVATION EASEMENTS OF THE CODE OF THE VILLAGE OF RYE BROOK Board of Trustees July 27,2004 Page 7 Mr. Christopher Bradbury, Village Administrator, read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO ADD CHAPTER 105, CONSERVATION EASEMENTS TO THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is considering a local law to add Chapter 105, Conservation Easements to the Code of the Village of Rye Brook; and WHEREAS, on June 10, 2004 the Planning Board adopted a resolution, by a vote of 5-0, recommending approval of the proposed local law to add Chapter 105 to the Village Code as revised according to their suggestions and comments, and referred the proposed law back to the Board of Trustees for action; and WHEREAS, the Village Board is familiar with the proposed local law and has discussed it on a number of occasions, directing the village consultants to make revisions and modifications; and WHEREAS, on July 13, 2004 and July 27, 2004, the Village Board held a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said proposed local law; and WHEREAS, the Village Board after due deliberation, finds it in the best interest of the Village to adopt such a local law; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act, determining that adoption of such Proposed Local Law is a"Type II Action" requiring no further review under the provisions of SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby adopts Local Law 99 - 2004. Trustee Feinstein requested modifications to the resolution. These changes were not deemed as material changes. She also wanted to ensure that the language discussed during the public hearing was added to the local law. A motion to amend as noted was made by Trustee Feinstein, and seconded by Trustee Buzin. Board of Trustees July 27,2004 Page 8 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 2. CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING TREE PERMIT PROCEDURES Deputy Mayor Stanton declared the public hearing open at 9:00 p.m. Mr. Bradbury was asked to review this matter for the benefit of the public. Mr. Bradbury noted that the draft local law would be amended in a grand scale down the road. This local law will establish a Tree Removal Board, whose membership would consist of two members of the Planning Board, Zoning Board, and Advisory Council of Environmental Conservation. This will be a five person Board. The definitions have been redefined. Mr. Bradbury noted that the local law has been filed with the State. Deputy Mayor Santon noted that, to-date, there have not been any appeal applications before the Board of Trustees in connection with Tree Permits. Mr. Beane responded that there might be some applications in September. Deputy Mayor Santon asked that the Board of Trustees address the criteria of the membership. Clarification of what is expected by an applicant needs to be updated in order to properly evaluate an application. Trustee Feinstein felt that this matter should be fast tracked, as the Board of Trustees does not have the same level of expertise as members of a Tree Committee. She felt that it was necessary to have members of other Boards on the Tree Committee, as well as a consultant who is an expert in this area. Deputy Mayor Santon felt that the definitions should be clarified and made part of the Code. The proposed legislation contemplates separating the functions of a tree removal process and beautification. The goal would be to have the current Tree Committee become the Beautification Committee. A separate Board would then be created to review tree removal. Deputy Mayor Santon asked for a motion to keep the public hearing open to the August 100' meeting in order to get the input of the two members of the Board that were missing at this meeting. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the matter was adjourned to the August 10, 2004 meeting of the Board of Trustees. Board of Trustees July 27,2004 Page 9 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 3. CONSIDERATION OF A LOCAL LAW TO ADD CHAPTER 214 AND TO AMEND CHAPTERS 107 118, 130, 213 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK,REGARDING STOP WORK ORDERS Deputy Mayor Santon declared the public hearing open at 9:15 p.m. Mr. Bradbury reviewed the matter. Trustee Buzin expressed his opinion that these Code revisions were needed. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the public hearing was closed at 9:17 p.m. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Deputy Mayor Santon moved to the Resolution portion of the agenda: RESOLUTIONS: 2. ADOPTING A LOCAL LAW TO AMEND CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING TREE PERMIT PROCEDURES It was noted that this matter was adjourned to the August 10th meeting. The next item on the agenda was called before the Board: 3. ADOPTING A LOCAL LAW TO ADD CHAPTER 214 AND TO AMEND CHAPTERS 107 118, 130, 213 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING STOP WORK ORDERS Board of Trustees July 27,2004 Page 10 Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution, as amended was adopted. RESOLUTION ADOPTING A LOCAL LAW TO ADD CHAPTER 214 AND TO AMEND CHAPTERS 107, 118, 130,213 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING STOP-WORK ORDERS WHEREAS, the Village of Rye Brook is considering a local law to add Chapter 214 and to amend Chapters 107, 118, 130, 213 and 245 of the Village Code regarding stop-work orders; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on July 13, 2004 and was continued on July 27, 2004, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on July 27, 2004; and WHEREAS, the Board of Trustees of the Village has complied with the provisions of the New York State Environmental Quality Review Act and has determined that adoption of such local law is a"Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to add Chapter 214 and to amend Chapters 107, 118, 130, 213 and 245 of the Village Code regarding stop-work orders, which amendments are enacted into law as Local Law# 10-2004; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Feinstein requested an amendment to the resolution for clarification purposes. Trustee Feinstein made a motion to adopt the amended resolution, which was seconded by Trustee Buzin. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Board of Trustees July 27,2004 Page 11 4. SETTING A PUBLIC HEARING FOR AUGUST 10, 2004 TO CONSIDER A LOCAL LAW AMENDING CHAPTER 250 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SCENIC ROADS OVERLAY DISTRICT The resolution was read, and on a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING A SCENIC ROADS OVERLAY DISTRICT WHEREAS, the Board of Trustees is considering a local law amending Chapter 250, Zoning, of the Code of the Village of Rye Brook regarding a Scenic Roads Overlay District and has adopted a local law on Conservation Easements; and WHEREAS, the proposed local law was referred to the Planning Board by the Board of Trustees on February 24, 2004; and WHEREAS, the Planning Board discussed the local law at public meetings on March 11, April 15, May 20, June 10 and July 22, 2004 at which time members of the public were given opportunity to comment and members of the Planning Board directed the village consultants to make revisions and modifications; and WHEREAS, the proposed law was revised to amend Chapter 250 of the Village Code regarding a Scenic Roads Overlay District and to add Chapter 105, Conservation Easements, in lieu of incorporating language regarding Conservation Easements into the language of the local law regarding creation of a Scenic Roads Overlay District; and WHEREAS, on July 27, 2004 the Planning Board adopted a resolution by a vote of 7-0, recommending approval of the proposed law amending Chapter 250 of the Village Code regarding a Scenic Roads Overlay District and referred the proposed law back to the Board of Trustees for action; and WHEREAS, the Planning Board has recommended the following road sections be designated as Scenic Overlay Districts: 1) King Street, north of the Hutchinson River Parkway 2) Anderson Hill Road from King Street to the Blind Brook 3) Lincoln Avenue, from Westchester Avenue to the Blind Brook Board of Trustees July 27,2004 Page 12 4) Bowman Avenue, from South Ridge Street to the municipal boundary with Harrison 5) Westchester Avenue/Route 120 A, from North Ridge Street to the Blind Brook 6) North Ridge Street, from the Hutchinson River Parkway to Ridge Boulevard NOW, THEREFORE, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, the Board of Trustees of the Village of Rye Brook hereby declares itself lead agency for the review of the proposed local law. BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 10, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending Chapter 250 of the Village Code regarding a Scenic Roads Overlay District. Mr. Bradbury gave an overview. He noted that the Planning Board unanimously recommended approval of this Local Law after holding several meetings and Work Sessions to review the amendments. The roads to be included were noted, and now this matter is before the Board of Trustees for action. Deputy Mayor Santon requested an addition to the local law. Trustee Feinstein reminded Deputy Mayor Santon that this matter was simply setting a public hearing. Deputy Mayor Santon replied, requesting that an additional "Whereas" clause be added to the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted as amended. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 5. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING FRONT YARD SETBACK REQUIREMENTS IN THE R-20 DISTRICT Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees July 27,2004 Page 13 RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING FRONT YARD SETBACK REQUIREMENTS IN THE R-20 DISTRICT WHEREAS, the Board of Trustees is considering a local law amending Chapter 250, Zoning, of the Code of the Village of Rye Brook regarding front yard setback requirements in the R-20 district; and WHEREAS, the Board of Trustees referred the proposed local law to the Planning Board on March 23, 2004; and WHEREAS, the Planning Board discussed the local law at public meetings on April 15, May 20, June 10, and July 22, 2004, at which time members of the public were given opportunity to comment and members of the Planning Board directed the Village consultants to make revisions and modifications; and WHEREAS, on July 27, 2004, the Planning Board adopted a resolution by a vote of 7-0, recommending approval of the proposed law amending Chapter 250, Zoning, of the Village Code regarding front yard setback requirements in the R-20 district and referred the proposed law back to the Board of Trustees for action. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, the Board of Trustees of the Village of Rye Brook hereby declares itself lead agency for the review of the proposed local law. BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 10, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending Chapter 250, Zoning, of the Village Code regarding front yard setback requirements in the R-20 district. Deputy Mayor Santon requested a minor amendment to the resolution. He requested a motion to adopt the resolution as amended. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Board of Trustees July 27,2004 Page 14 6. AUTHORIZING A REVISED AGREEMENT WITH FREDERICK F.P. CLARK ASSOCIATES Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION AUTHORIZING A REVISED AGREEMENT WITH FREDERICK P. CLARK ASSOCIATES RESOLVED, that the Village of Rye Brook hereby approves the revised agreement with Frederick P. Clark Associates, including the new fee schedules (effective June 1, 2004), in accordance with the proposal dated July 9, 2004; and be it further RESOLVED, that the Mayor is authorized to sign all documents necessary to implement this agreement. Mr. Bradbury gave a brief overview of this Agreement. He noted that this Agreement authorizes F.P. Clark Associates to act on the Village's behalf. It also outlines fee increases for the year. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 7. AUTHORIZING THE TRANSFER OF ADDITIONAL FUNDS FOR THE RYE BROOK FIREHOUSE PROJECT Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was opened for discussion. Board of Trustees July 27,2004 Page 15 RESOLUTION AUTHORIZING A TRANSFER OF ADDITIONAL FUNDS FOR THE RYE BROOK FIREHOUSE PROJECT WHEREAS, additional funds are necessary to complete the Rye Brook firehouse project located at 940 King Street; and WHEREAS, these funds are necessary for items either required by code as a result of field conditions, were not included in the original bid documents, or became necessary as a result of the soil contamination that was remediated from the site; and WHEREAS, the Village intends to apply to NYS to seek potential reimbursement to the Village for those items that needed to be funded as a result of the soil remediation project. NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby authorizes up to $180,000 in funds be transferred from fund balance (account 101.7960.339) to the firehouse capital project fund (account 901.3410). Deputy Mayor Santon asked that the resolution be put in context. He noted that there was some delays in the project due to a petroleum spill clean up, and additional items added. He reviewed the numbers for the Board, emphasizing that there were additional fees for consulting costs, and stated that he had reservations about approving this matter at this meeting. Mr. Bradbury clarified that the construction management fees cannot be avoided. There were additional items, i.e.: lockers, railings, an additional step into the Firehouse, elevator work, chairs, and window treatments. In addition a proposal to change the flooring has been submitted. He noted that changing the flooring now is more advantageous as changing it at a later date would be more costly. These are reasonable costs. It was noted that a number of these items were not included in the construction bids. Mr. Bradbury urged approval as the result of not approving the funds could result in additional unnecessary delays. He also noted that the monies have already been allocated. The clean up of the contaminated soil was an unforeseen expense, and pointed out that the project did change during the planning process. At this time the Village is seeking reimbursement for the contaminated soil clean up from the State. Deputy Mayor Santon questioned where the funds were coming from. Mr. Bradbury noted that the funds would come from the original bond. The Board Board of Trustees July 27,2004 Page 16 discussed the monies involved, and decided that it was in the Village's best interest to adopt this resolution. Mr. Rang read the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 8. AUTHORIZING THE USE OF THE TOWN OF HARRISON POLICE DEPARTMENT PISTOL RANGE Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION AUTHORIZING THE USE OF TOWN OF HARRISON POLICE DEPARTMENT PISTOL RANGE WHEREAS, the Rye Brook Police Department desires to use the Town of Harrison Police Department Pistol Range; and WHEREAS, the Town of Harrison and Village of Harrison require from any municipality requesting use of its Pistol Range proper insurance naming the Town of Harrison and Village of Harrison as additional insured, and a fully executed Indemnification Agreement inuring to the benefit of the Town of Harrison and the Village of Harrison. NOW, THEREFORE, BE IT RESOLVED, that an Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison be executed; and be it further RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor to execute the attached Indemnification Agreement, and to deliver same to the Town Attorney of the Town of Harrison; and be it further RESOLVED, that a copy of this resolution be forwarded to the Town Attorney of the Town of Harrison with a fully executed copy of the Indemnification Agreement. Mr. Bradbury noted that the Village has been using this range for approximately ten years. Board of Trustees July 27,2004 Page 17 The roll was called: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 9. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 250-38 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TIER II HOME OCCUPATIONS Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TIER II HOME OCCUPATIONS WHEREAS, the Board of Trustees is considering a local law to amend Section 250-38 of the Code of the Village of Rye Brook to incorporate hours of operation for new and existing Tier II home occupations; and WHEREAS, the proposed local law was referred to the Planning Board by the Board of Trustees on July 13, 2004; and WHEREAS, the Planning Board discussed the local law at public meeting on July 22, 2004, at which time members of the public were given opportunity to comment; and WHEREAS, on July 22, 2004 the Planning Board adopted a resolution recommending approval of the revised law and referred the proposed law back to the Board of Trustees for action. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 10, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider two alternative local laws to amend Section 250-38 of the Village Code regarding hours of operation for new and existing Tier II home occupations. Board of Trustees July 27,2004 Page 18 Mr. Bradbury highlighted the changes being proposed to the local law. He noted that the current law did not regulation the hours of operation for a Tier II pre- existing Home Occupations. Saturday hours were now included at the recommendation of the Planning Board. A discussion regarding the addition of Saturday hours ensued. Trustee Feinstein noted that this matter was before the Board to set a public hearing, and not for discussion. She pointed out that an applicant for a Tier III could request Saturday hours. Deputy Mayor Santon expressed his displeasure about including or adding Saturday hours. He noted that Home Occupations and Special Use Permits are a privilege, and felt that granting Saturday hours was uncalled for. He stressed that adding Saturday hours into the Code was a mistake. Trustee Buzin asked that the Saturday hours be included so that it could be further discussed during the public hearing. Trustee Feinstein agreed. Mr. Beane felt that this matter should be discussed during the public hearing. He pointed out that Tier III is different from Tier I and Tier II because it is a more intensive use. Two alternative local laws could be discussed at the public hearing. Mr. Bradbury noted that the agenda for August 10th was becoming very heavy. He suggested scheduling the remaining public hearings to the August 2e meeting. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted as amended. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 10. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees July 27,2004 Page 19 RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS WHEREAS, the Board of Trustees is considering a local law to amend Chapter 113 of the Code of the Village of Rye Brook regarding Electrical Inspections; and WHEREAS, the proposed law would delete antiquated references to the New York Board of Fire Underwriters and incorporate language regarding licensing by the County of Westchester. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 10, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending Chapter 113 of the Village Code regarding electrical installations. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 11. SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING FOR A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE WHEREAS, the Village of Rye Brook Board of Trustees desires to eliminate the designation of play streets in the Village; and WHEREAS, the Village of Rye Brook Traffic Commission has recommended certain parking restrictions along Neuton Avenue; and Board of Trustees July 27,2004 Page 20 WHEREAS, a proposed local law was introduced to amend Sections 240- 14, 240-19 and 240-19.1 of the Code of the Village of Rye Brook to rescind the designation of play streets and prohibit parking and standing along certain portions of Neuton Avenue. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 10, 2004 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook,New York to consider the proposed local law to amend Sections 240-14, 240-19 and 240-19.1 of Chapter 240 of the Code of the Village of Rye Brook. Deputy Mayor Santon called for discussion. He noted that there are parking restrictions on several of the streets around the Port Chester High School facility, as well as a reduced speed limit of 15 mph in the vicinity of the school. Mr. Bradbury noted that the changes have been made in response to recommendations made by the Traffic Commission. Signage will be installed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 12. SETTING PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING CHAPTER 180 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLUMBING Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 180 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLUMBING WHEREAS, the Board of Trustees is considering a local law to amend Chapter 180 of the Code of the Village of Rye Brook regarding Plumbing; and WHEREAS, the proposed law would repeal outdated Village licensing requirements and incorporate language regarding licensing by the County of Westchester. Board of Trustees July 27,2004 Page 21 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 10, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending Chapter 180 of the Village Code regarding plumbing. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 13. AUTHORIZING THE 4TH ANNUAL VALLEY TERRACE BLOCK PARTY Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was approved. RESOLUTION AUTHORIZING THE 4th ANNUAL VALLEY TERRACE BLOCK PARTY RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Blvd. for the Valley Terrace Block Party on Saturday, September 11, 2004 (rain date of Sunday, September 12, 2004) is hereby approved with the terms to be established by the Rye Brook Police Department. Mr. Bradbury noted that any time that roadways are being considered for use, and will be closed, traffic control is required. This is a residential event. Trustee Buzin questioned what would happen if someone chose to have a block party without approval. The response was that there would be no police protection/traffic regulation. It is important to note that emergency apparatus needs to have access to the roadways at all times. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Board of Trustees July 27,2004 Page 22 ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Sprinkler Committee had met, and would be making recommendations back to the Village Board. This Committee, after review of the updated Code, has made recommendations to be reviewed by the Board of Trustees. It was noted that an agreement had been received from the Library, which is ready for action. He suggested that this matter be placed on the agenda for August 240'. The Police Chief, Robert Santoro, and Mr. Bradbury have been working with Verizon regarding the use of Village Streets, removal of poles, straightening of poles,removing of guide wires. The Village will continue working with the utility companies, and Mr. Bradbury noted that both Verizon and Con Edison have been willing to listen. OLD BUSINESS VILLAGE ATTORNEY UPDATE ON UTILITY MATTERS Mr. Beane noted that when discussing potential regulation of utilities there are three areas to be discussed. They are as follows: maintenance of existing structures, authorizing additions to existing structures, and new construction. He noted that utilities have the right to install and maintain structures on the right-of-ways, and the Village's ability to regulate them is restricted. The Village can, however, regulate the manner in which the structures are maintained. There is a relatively new law that includes a building permit procedure for any structure. A structure is defined as anything that touches the ground, or anything constructed on another structure such as the Verizon and Con Edison boxes, or anything put on poles. The key is that the Village must be reasonable. The Village is currently involved in meetings with Con Edison and Verizon. The boxes on North Ridge Street are being addressed. The Director of Public Works is working to have the boxes screened and to stop the trucks from camping out in that area. The Village cannot tell the utilities it doesn't like a box and make them remove it. With respect to new construction, there are now general laws that will allow the Village, in certain circumstances, to deny permission for a structure at a particular location. This matter is best handled through the Director of Public Works. If a utility comes in with a specific location in mind, the Village must show that there are alternative locations, which may be difficult to do. The utility companies must be made aware that the Village will be strictly enforcing its Code. If a utility company does any damage to roadways or right-of-ways, then the Village can seek compensation for the damage and have it repaired. Deputy Mayor Santon added that in the past there have been applications that have gone through a planning process and the Planning Board was involved. He questioned how the Village would, moving forward, ensure that residents are aware of these types of installation prior to the actual installation. Board of Trustees July 27,2004 Page 23 Mr. Beane noted that on a going-forward basis, the Village Board could request as part of a review process some sort of site plan review. In addition, something more than submitting plans to Village staff could be required. Regarding making sure that neighbors are aware of these types of projects, Village staff could send out letters indicating that these applications are pending. If the Board of Trustees wants to become involved, they could do so. There are not that many applications for permits of this type. Deputy Mayor Santon requested a certified land survey regarding the installation on North Ridge Street because it was his belief that this installation was on private property. Mr. Beane noted that if the boxes are on private property, then that issue could be addressed. Deputy Mayor Santon continued, noting that the boxes on North Ridge Street have been installed into a slope, and above street elevation. In order to screen them would require tall trees and bushes. He felt that this installation should have been done underground and that the review in this instance should not have been left up to Village Staff. He felt that leaving this type of review to staff leads to second-guessing. Mr. Bradbury stated that the Board could require any box to go through the review process, or be Board approved. Mr. Beane noted that the public utilities law can be modified to allow for review by the Board of Trustees. Deputy Mayor Santon asked that the Village Staff prepare amendments to the Village Code that would trigger awareness to the Board and members of the public. He felt that notification was a step in the right direction. Mr. Bradbury responded that the Village is currently working with the utility companies regarding landscaping. UPDATE ON VARIOUS RED ROOF FARM SUBDIVISION MATTERS Deputy Mayor Santon noted that he was receiving correspondence from residents questioning when the street trees would be replaced. The spring 2004 season has already been missed. Mr. Beane noted that there was an agreement signed on May 11, 2004. The developer has complied with every single requirement, with the exception of the planting of the trees. The Village staff and consultant went out and reviewed the trees. The Village's tree expert asked that the trees be planted in the fall. The trees have been ordered, and will be planted, this fall. The size of the trees is part of the reason for the delay, as the consultant felt that they stood a better chance of survival if planted in the fall. Mr. Beane emphasized that the trees will be planted. Mr. Beane also noted that there are certain Board of Trustees July 27,2004 Page 24 trees that are not dead, and there is a belief that these trees will survive. However, if they do not survive, then they will be replaced next spring. There is a Maintenance Bond in place that would cover the replacement of these trees. Although a growing season was missed, it is important to note that it was because the experts felt that planting trees of this size would be better in the fall. The trees to be planted are 5" caliper Sugar Maples, Red Maples, and Red Oaks. Deputy Mayor Santon noted that the May IIth agreement served to authorize the developer to remove the $450,000 Performance Bond. And, in its place, a $59,000 Maintenance Bond was put in place. Mr. Beane noted that when the Maintenance Bond was formulated, $15,000 was set for replacement. The developer must replace the trees and guarantee them for one year. It was noted that 21 of the 36 trees have been ordered and will be planted. The $15,000 Bond stays put until next spring. The new trees will also be guaranteed. The Performance Bond was to be used for site improvements that are covered. All the site improvements were done. The Village now needs a Maintenance Bond. If any site improvement fails within the bond period then there will be funds to replace whatever needs to be replaced. Mr. Carosi noted that certain species of trees do not do well, therefore, Ms. Timpone Mohamed, Village Consultant, suggested alternative trees. The Village will be there when the trees are delivered to make the determination of whether or not the trees should be planted or if they are damaged. The soil will be remediated at that time. It was noted that planting new trees doesn't do any good unless planted in fertile soil. Deputy Mayor Santon noted that one more stop sign was owed on Birch Lane and Red Roof Drive. NEW BUSINESS POTENTIAL REFORM OF VARIOUS VIOLATION PROCEDURES The Board addressed violation procedures. It was noted that there have been a variety of violations issued by different departments. One of the biggest comments from the public who received violations was that they preferred to pay a fine versus going to Court. Chief Santoro noted that the violations were issued and although it may be an inconvenience, appearance at Court is required. The judge can reduce the fine to $0. The procedures can be modified; however, if someone considers this an inconvenience then the chances of a repeat offense are small. This has been a learning process. If you don't want to be inconvenienced, then don't make the violation. Chief Santoro also noted that warnings were issued, however, they did not work. There are changes that can be made but due process must follow. It would mean that modifications would be needed in procedures, and appearance tickets. Board of Trustees July 27,2004 Page 25 Mr. Beane reiterated that this is a learning process. A fee can be established and residents can pay it in lieu of going to Court, but it is a question of policy. Being inconvenienced makes the point. There should be a balancing. The reason behind the summons was to ensure that the community is presentable. There has been notice that violations would be issued in the local newspapers, on the Village's public access channel, during the viewing of the Board meetings, on the website and in Village newsletters. The procedure could call for the first offenses to be paid, but then second offenses should require a Court appearance. There is a record of all of the tickets. First time offenders could be allowed to settle the matter over the phone. Mr. Beane stated that he would review this matter with the Police Chief. The impression from the Board was that some relief should be given for first time offenders. Deputy Mayor Santon noted that the next Board of Trustee Meetings is scheduled for August 10, 2004 and August 24, 2004. There being no further business before the Board, a motion to adjourn was made and seconded at 11:10 p.m. The roll was called: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Board of Trustees July 27,2004 Page 26