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HomeMy WebLinkAbout2004-08-10 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,AUGUST 10,2004 7:30 P.M. AGENDA 6:30 P.M. EXECUTIVE SESSION: NEGOTIATIONS, LITIGATION AND LEGAL MATTERS ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1. CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE 2. CONSIDERATION OF A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HOURS OF OPERATION FOR TIER II HOME OCCUPATIONS 3. CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE VILLAGE ZONING MAP REGARDING A SCENIC ROADS OVERLAY DISTRICT 4. CONSIDERATION OF 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 5. CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS 6. CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 235, TREES, OF THE VILLAGE OF RYE BROOK REGARDING Board of Trustees Meeting August 10,2004 Page 1 DEFINITIONS, REVIEW COMMITTEES AND THE APPEAL PROCEDURE 7. CONSIDERATION OF A LOCAL LAW TO AMEND THE VILLAGE CODE TO REGULATE THE EXPIRATION OF BUILDING PERMITS 8. CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 180 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLUMBING RESOLUTIONS 1. ADOPTING A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE 2. ADOPTING A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HOURS OF OPERATION FOR TIER II HOME OCCUPATIONS 3. ADOPTING A LOCAL LAW AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE VILLAGE ZONING MAP REGARDING A SCENIC ROADS OVERLAY DISTRICT 4. ADOPTING 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 5. ADOPTING A LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS 6. ADOPTING A LOCAL LAW AMENDING CHAPTER 235, TREES, OF THE VILLAGE OF RYE BROOK REGARDING DEFINITIONS, REVIEW COMMITTEES AND THE APPEAL PROCEDURE 7. ADOPTING A LOCAL LAW TO AMEND THE VILLAGE CODE TO REGULATE THE EXPIRATION OF BUILDING PERMITS 8. DRAFT ENVIRONMENTAL IMPACT STATEMENT NOTICE OF COMPLETION REGARDING A K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 22, LOTS 2B AND 2B2 Board of Trustees Meeting August 10,2004 Page 2 9. REFERRING A LOCAL AMENDING SECTION 250-2 OF THE VILLAGE CODE CONCERNING THE DEFINITION OF HEIGHT/SETBACK RATIO TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK 10. SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT 760- 800 WESTCHESTER AVENUE UNDER CERTAIN CONDITIONS 11. AMENDING THE VILLAGE OF RYE BROOK LICENSE AND PERMIT FEE SCHEDULE TO INCLUDE A FEE FOR A CONSERVATION EASEMENT APPLICATION 12. AUTHORIZING AN AGREEMENT BETWEEN THE PORT CHESTER PUBIC LIBRARY AND THE VILLAGE OF RYE BROOK FOR LIBRARY SERVICES 13. AWARDING CONTRACT 904-05: RECONSTRUCTION OF A RETAINING WALL AT GARIBALDI PLACE 14. APPOINTMENT OF CARETAKER ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION: REVIEW OF VARIOUS LAND USE APPLICATION PROCEDURES DISCUSSION OF NON-AGENDA ITEMS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Meetings: August 24, 2004 and September 14, 2004 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Deputy Mayor Dean Santon Excused: Trustee Robert Harris Board of Trustees Meeting August 10,2004 Page 3 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 Paula Patafio,Meeting Secretary CONVENE Mayor Rand welcomed everyone to the August 10, 2004 meeting. He took a moment to thank Trustee Santon for chairing the previous Board of Trustee meeting in his absence. He also took a moment to thank everyone who extended their condolences for the passing of his mother. Mayor Rand noted that there was a very full agenda before the Board. He stated that, with the permission of the Board, matters would be taken out of order, and began the meeting by calling on item 914 under Resolutions. He welcomed Jean Gesoff, Head of Senior Services at the Possilipo Center, and Mr. Ralph Anderson, candidate for the position of Caretaker. 14. APPOINTMENT OF CARETAKER Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION RESOLVED, that Ralph Anderson of 19 Beaumont Circle 94, Yonkers, New York, is hereby appointed to the position of Caretaker for 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 August 12, 2004 with a probationary period of fifty-two (52)weeks. Mr. Bradbury noted that Mr. Anderson came highly recommended, and that he was very pleased to make this recommendation to the Board. Mr. Anderson thanked Mayor Rand and the Board for the opportunity to work with Rye Brook. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting August 10,2004 Page 4 Mayor Rand turned to the Public Hearings' portion of the agenda: PUBLIC HEARINGS: 1. CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE Mayor Rand declared the public hearing open at 7:45 p.m., and called for discussion. Mr. Bradbury reviewed the matter for the Board, noting that the Board received a recommendation from the Traffic Commission. The proposal was to place Play Street restrictions on Neuton Avenue, and to restrict parking along certain portions of Neuton Avenue and Tamarack Road. Mayor Rand noted that he had no problems with the Play Street portion of this discussion, but questioned whether placing parking restrictions on Neuton Avenue would just move the problem from one street to the next. Chief Robert Santoro responded that there is a problem in the area of the school in that there is a shortage of off-street parking near the Port Chester High School. He noted that the Police Department does not endorse this recommendation. He felt that this matter should be discussed with the school prior to making a decision. He also suggested having the student body involved. Additional police presence will be dispatched to the area, but he stressed that there also needs to be more school discipline. This is a closed campus and the students are not supposed to be leaving the school. The Police Department can enforce the laws,but restricting the parking will just shift parking to the other adjacent streets. He did not view restricting the parking as a total solution. Trustee Dean Santon noted that there are three parts to this legislation. The first addressed Play Streets, the second restricted parking on Neuton Avenue, and the third addressed a request made by two Rye Brook residents for parking restrictions in front of their property. He felt that restricting parking on Neuton Avenue was necessary, and added that there was also a site line issue. Trustee Santon stated that the Rye Brook residents want quality of life in the front of their homes so that litter is not left and cars don't play loud radios. They do not want the young people, whether students or people who hang out around the near school, to be in the front of their homes and this is a step in the right direction. It would force parking from the two homes onto neighboring streets, and that can be looked into at a later date. Trustee Santon noted that the school has a tremendous amount of frontage in the Village of Port Chester, along the North side of Neuton — fronting onto their ball field. No one parks there but instead Rye Brook residents have the parking in front of their homes. Trustee Santon stated that if this hoists an avalanche of Board of Trustees Meeting August 10,2004 Page 5 parking onto other Rye Brook residents then further discussion should take place with the School District, and/or parking can be further restricted. Although the school does send people out to pick up liter and whatever, but they can't seem to stop the kids from playing radios and loitering and hanging out. The school has admitted that a lot of the young people are not even students. He felt that taking away the parking spaces meant that they would go somewhere else. If this becomes a problem for other Rye Brook residents, then the Village will have to deal with that. He felt that this was a step in the right direction, and that the Village should try to encourage the student body of Port Chester High School to park along the school frontage in Port Chester instead of in front of residents' homes—Rye Brook or Port Chester. Mayor Rand noted that this has been an issue for several years. It is true that more and more restrictions may have to be set, and Trustee Santon is correct in that parking should not be moved from one resident's house in Rye Brook to another one. The Board may have to continue to make more and more parking restrictions around the area and have the students to park along that strip along the Neuton Avenue ball field. While he had reservations regarding this proposed local law, he noted that it would be revisited in the Fall and perhaps the Village would have to place other restrictions so that no Rye Brook resident feels that he or she is being discriminated against. Trustee Joan Feinstein asked that Chief Santoro to monitor the situation and come back in November with a report on this matter. In this manner other restrictions can be placed or alternatives enacted to resolve this matter. Chief Santoro stated that they would enforce the law if it is enacted. Mayor Rand noted that the speeding has been cut down around the high school thanks to the Rye Brook Police Department. A motion to close the public hearing was made by Trustee Santon, and seconded by Trustee Feinstein. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 1. ADOPTING A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE Board of Trustees Meeting August 10,2004 Page 6 Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PLAY STREETS AND PARKING RESTRICTIONS ON NEUTON AVENUE AND TAMARACK ROAD WHEREAS, the Village of Rye Brook Board of Trustees wants 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 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 to prohibit parking and standing along certain portions of Neuton Avenue and Tamarack Road; and WHEREAS, a duly notice public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on August 10, 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 August 10, 2004; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the 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 interest 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 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 to prohibit parking and standing along certain portions of Neuton Avenue and Tamarack Road, which amendments are enacted into law as Local Law 911-2004; 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. Board of Trustees Meeting August 10,2004 Page 7 Mr. Keith Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second public hearing on the agenda: 2. CONSIDERATION OF A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HOURS OF OPERATION FOR TIER II HOME OCCUPATIONS Mayor Rand declared the public hearing opened at 7:58 p.m. He called for discussion. Trustee Feinstein began the discussion by nothing that Home Occupations, as well as Special Use Permits, are a privilege and not a right. Neighboring residents should not be adversely affected by the day-to-day business. She felt that a balance of the needs of the individual who is running the business/home occupation from his/her residence must be made against the rights of the neighbors. Mr. Bradbury noted that this was the time to consider which of the two local laws the Board wishes to adopt; with the difference being Saturday hours. Trustee Santon pointed out that the proposed legislation deals with amending the Section of the Village's Code that relates to Tier II Home Occupations. The Code presently provides that Tier III Home Occupations have hours set forth as Monday through Friday, 8:00 a.m. through 8:00 p.m. Special Use Permit holders can have the hours set in the Resolution granting them the permit. The Planning Board reviewed the legislation by directive of the Board of Trustees. During the Planning Board's deliberation, a recommendation was made to add Saturday hours of 9:00 a.m. to 1:00 p.m. Trustee Santon felt that both Tier II and Tier III both have the potential for adverse impacts on the neighbors. These are residential neighborhoods, and what might have started out as a small office/business a few decades ago with no real traffic can turn into a full fledge business with parking issues, screening issues, and impervious surface issues. He recommended passing the resolution without the Saturday hours. He also felt that the Village should go one step further and do away with Home Occupation Use and just have Special Permit Uses. He felt that this was the way to go to ensure that the Village was able to address all the issues and have the potential for site plan review. Board of Trustees Meeting August 10,2004 Page 8 Trustee Santon noted that the Village directed that all Home Occupation users register with the Village. However, only a handful of people who operate Tier II and Tier III Home Occupations have been registered by the June deadline. He again stated that, in his opinion, the Village should do away with Home Occupations. Trustee Richard Buzin agreed with Trustee Santon. He also felt that the Village should start reviewing the process. Edward Beane, Esq., stated that at this time the Board should move ahead with this resolution. In this way, the Village can regulate the hours of Tier II and Tier III Home Occupations. If a residence chooses, they could come before the Board of Trustees for additional hours. Mr. Beane noted that this proposal will have a positive impact whether or not the Village moves ahead with doing away with Home Occupation. Trustee Feinstein stated that she felt that 8:00 a.m. to 8:00 p.m. was too long of a day. She suggested that the resolution be amended to 8:00 a.m. to 6:00 p.m. If this adversely affects a resident, and there are extenuating circumstances, then they could make an application and come before the Board of Trustees to request additional hours. There was no second to this motion. Mayor Rand called for members of the public wishing to make comments. There being no one he called for a motion to close the public hearing. A motion was made by Trustee Santon and seconded by Trustee Buzin, to accept version 2 (the version without Saturday hours) where the hours are set from 8:00 a.m. to 8:00 p.m. The motion included closing the public hearing. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3. ADOPTING A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HOURS OF OPERATION FOR TIER II HOME OCCUPATIONS Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees Meeting August 10,2004 Page 9 RESOLUTION ADOPTING A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HOURS OF OPERATION FOR TIER II HOME OCCUPATIONS WHEREAS, the Village of Rye Brook is considering a local law to amend Section 250-38 of the Village Code regarding hours of operation for Tier II home occupations; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on August 10, 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 August 10, 2004; and WHEREAS, the Board of Trustees of the Village has compiled 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 Local Law 912-2004 to amend Section 250-38 of the Village Code regarding hours of operation for Tier II occupations; 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 Santon noted that he had reviewed Special Use Permits. When an applicant comes before the Village and presents their site plans, etc., they can request additional hours. He felt that the hours could be restricted in the future, but that this resolution should be passed now. Future users should be required to apply for a Special Use Permit. Mayor Rand noted that there are a number of professionals working out of their homes. The Village must balance the needs of the professionals working out of their homes, and the neighbors of these professionals. Rye Brook is primarily a residential community. Board of Trustees Meeting August 10,2004 Page 10 Trustee Feinstein noted that she would vote for the resolution because it is more restrictive than what is currently in place, even though she was not happy with the resolution because she felt that it should be more restrictive. She also agreed that the Home Occupation uses should be done away with. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING NO 3. CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE VILLAGE ZONING MAP REGARDING A SCENIC ROADS OVERLAY DISTRICT The public hearing was opened at 8:15 p.m. Mayor Rand called upon Marilyn Timpone Mohamed, Village Consultant, to address this matter. He complimented Ms. Timpone Mohamed on the tremendous job that she has done on this issue. Ms. Timpone Mohamed began her presentation by noting that the Scenic Roads Overlay was the second part of legislation that came out of the Conservation Easement Study. The areas chosen were chosen because of concentrations of natural features, and the fact that these roads are unique within the Village in terms of those concentrations. These features are all in need of protection, especially the amount of open space on those roads. These roads have a unique character, as most of the setbacks on the roads are much deeper than the minimum setback allowed in the underlying zones. The Scenic Overlay District would be a floating district that has general regulations that will be over and above the underlying zoning regulations within those districts. She reviewed the streets being designated: 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 4. Bowman Avenue, from South Ridge Street to the municipal boundary with the Town/Village of Harrison 5. Westchester Avenue/Route 120A, from North Ridge Street to the Blind Brook 6. North Ridge Street, from the Hutchinson River Parkway to Ridge Boulevard Protection of the elements and the open space quality of these roads would ensure that these roads remain unique. The presence of developable lots along those roads increases the potential for the destruction of vegetation, stonewalls, architectural details that create the scenic views and buffer that now exists. She Board of Trustees Meeting August 10,2004 Page 11 noted that new houses tend to be sited at the minimum front yard set back, bringing the homes closer to the road. This creates a very different road than previously existed. Therefore, there is an increased need for this type of protection. The law includes provisions that would increase the minimum front yard setback to provide specific open space. This setback would be deep enough to protect plantings and preserve architectural artifacts. Westchester County Planning has commended the Village for attempting to protect historic resources within the community. Trustee Santon recommended the Conservation Easement Study be placed on the Village's website. The stonewalls and vegetation define the character of several of the roads within the Village. Trustee Santon suggested other areas within Rye Brook that should also be protected. Ms. Timpone Mohamed responded that all of the roads in Rye Brook were reviewed. To start the process the roads with the highest concentration of open space and architectural artifacts were used as a starting point. There are other areas within the Village that should be considered. It was noted that the roads chosen are gateway roads into Rye Brook. The study did not include discussions with the residents, but that is the purpose of the public hearing. She noted that Conservation Easements are placed with the agreement of a landowner. The issue of infringement on homeowners' rights was weighed during the study. She pointed out that the Scenic Overlay District also helps deal with Large Lot Subdivisions. Trustee Feinstein noted that increasing front yard setbacks could cause an adverse effect, and noted that there is an appeals process. This, again, is a balancing effect. Ms. Timpone Mohamed noted that if a property is impacted by this legislation there is nothing to stop the Village from granting a variance. The properties within the Scenic Overlay District would go through a site plan review. Mr. Bradbury pointed out that if the Board added additional areas, the pubic hearing could not be closed. Trustee Feinstein questioned whether or not there were pending applications within the Scenic Overlay District that would be impacted. Ms. Timpone Mohamed noted that the K&M Realty application would need to comply with the requirements, and that there may be an application on Lincoln Avenue that would also need to comply. She also noted that the requirements for the District might impact changes in the transportation system in connection with the I287 study now being conducted. Trustee Santon stated that the Garden Inn application would also be affected. Several of these applications have been going on for many years, and time does not need to stand still for them. He recommended augmenting the resolution at a later date. Board of Trustees Meeting August 10,2004 Page 12 Mayor Rand suggested keeping the public hearing open. Ms. Timpone Mohamed noted that when setting the boundaries of the roads, these roads are not listed in the legislation. She also noted that the map is being amended, and that the map will govern the number of properties and the extent of the district. Mr. Bradbury reiterated that if expanding the area, the public hearing would need to be re-noticed. He suggested passing the resolution, and then amending it in the future. Trustee Feinstein questioned who would enforce compliance. Ms. Timpone Mohamed noted that it would be Village enforcement, unless there was a Conservation Easement in place. Mayor Rand called for a motion to close the pubic hearing. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 3. ADOPTING A LOCAL LAW AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE VILLAGE ZONING MAP REGARDING A SCENIC ROADS OVERLAY DISTRICT Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 250,ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE VILLAGE ZONING MAP 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, and the Village Zoning Map,regarding location of a Scenic Roads overlay District; and Board of Trustees Meeting August 10,2004 Page 13 WHEREAS, on July 22, 2004, the Planning Board adopted a resolution, by a vote of 7-0, recommending approval of the proposed local law amending Chapter 250 and the Village Zoning Map regarding location of a Scenic Roads Overlay District as revised according to their suggestions and comments, and referred the proposed law back to the Board of Trustees for action; and WHEREAS, the proposed text amendments are attached to this resolution, with text to be deleted shown in strikeout and text to be added shown in double underline; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act by preparing a full Environmental Assessment Form (EAF) regarding the local law; and WHEREAS, the proposed local law was referred to the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, and the Town/Village of Harrison and the City of Rye for review and comment; and WHEREAS, no comments were received from the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, and the Town/Village of Harrison and the City of Rye; and WHEREAS, the Village Board is familiar with the proposed local law and the study recommending the local law and has discussed it on a number of occasions, directing the Village Consultants to make revisions and modifications; and WHEREAS, on August 10, 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 or in opposition to said proposed local law; and WHEREAS, the Board of Trustees of the Village of Rye Brook, after due deliberation, finds it in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Village Board, as Lead agency for the review of the proposed law pursuant to the requirements of the State Environmental Quality Review Act, determines that adoption of such local law is an "Unlisted Action" and after review of the AF and due deliberation, finds that such local law will not result in any significant adverse environmental impacts. BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts a Negative Declaration, for the reasons stated herein,hereby ending the State Environmental Quality Review process. Board of Trustees Meeting August 10,2004 Page 14 BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law 913-2004 and amends the Zoning Map of the Village of Rye Brook to place the following road segments in a Scenic Overlay District: 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 4. Bowman Avenue, from South Ridge Street to the municipal boundary with the Town/Village of Harrison 5. Westchester Avenue/Route 120A, from North Ridge Street to the Blind Brook 6. North Ridge Street, from the Hutchinson River Parkway to Ridge Boulevard Trustee Feinstein pointed out that the Rye Brook Vision Plan was never adopted by the Board of Trustees. Therefore, she asked that reference to it be stricken from the resolution. Trustee Santon requested that the Zoning Map be referenced in the resolution. On a motion to amend made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE As a side note, Mayor Rand noted that the adopted budget was now on the Village's website for anyone who wishes to review it. Mayor Rand called for the next item on the agenda under Public Hearings: 4. CONSIDERATION OF 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 Mayor Rand declared the public hearing opened at 8:47 p.m. Board of Trustees Meeting August 10,2004 Page 15 Trustee Santon requested amendments to the Draft Local Law. He noted that a front yard dimension refers to a lot and not a building. He reviewed the amendments that he was requesting for the Board. Mayor Rand noted that these new local laws were not being rushed through. There have been many, many hours of work that has gone into these amendments. This matter was referred back to the Board of Trustees unanimously from the Planning Board. Ms Timpone Mohamed stated that the decision to change the setback requirements came out of the second study completed—the Large Lot Subdivision Study. This study looked at specific areas, the areas that have larger than the minimum lot size scattered throughout the district. There are applications to take some of the larger lots and subdivide them. This is a way for the Village to guide a property owner during the subdivision process—balancing the applicant's rights with the communities' rights. This new local law preservers vegetation, and allows for buffering of the larger houses. Amendments were made to the proposed local law A motion was made by Trustee Santon, and seconded by Trustee Feinstein, to close the public hearing. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4. ADOPTING 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 Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION ADOPTING 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 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 R20 District; and Board of Trustees Meeting August 10,2004 Page 16 WHEREAS, on July 22, 2004 the Planning Board adopted a resolution, by a vote of 7-0, recommending approval of the proposed local law amending Chapter 250 regarding front yard setback requirements in the R20 District as revised according to their suggestions and comments, and referred the proposed law back to the Board of Trustees for action; and WHEREAS, the proposed text amendments are attached to this resolution, with text to be deleted shown in strikeout and text to be added shown in double underline; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act by preparing a full Environmental Assessment Form (EAF) regarding the local law; and WHEREAS, the proposed local law was referred to the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison, and the City of Rye; and WHEREAS, no comments were received from the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison, and the City of Rye; and WHEREAS, the Village Board is familiar with the proposed local law and the study recommending the law and has discussed it on a number of occasions, directing the Village Consultants to make revisions and modifications; and WHEREAS, on August 10, 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 or in opposition to said proposed local law; and WHEREAS, the Board of Trustees of the Village of Rye Brook, after due deliberation, finds it in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Village Board, as Lead Agency for the review of the proposed law pursuant to the requirements of the State Environmental Quality Review Act, determines that adoption of such local law is an "Unlisted Action" and after review of the EAF and due deliberation, finds that such local law will not result in any significant adverse environmental impacts. BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts a negative Declaration, for the reasons stated herein, hereby ending the State Environmental Quality Review process. Board of Trustees Meeting August 10,2004 Page 17 BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law 914-2004. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 5. CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS Mayor Rand declared the public hearing open at 9:02 p.m. There were no comments from members of the public, or the Board. Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 5. ADOPTING A LOCAL LAW TO AMEND 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 Santon, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting August 10,2004 Page 18 RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTRICAL INSTALLATIONS WHEREAS, the Village of Rye Brook is considering a local law to amend Chapter 113 of the Village Code regarding electrical installations; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on August 10, 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 August 10, 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 Local Law 915-2004 to amend Chapter 113 of the Village Code regarding electrical installations; 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 BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 6. CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 235, TREES, OF THE VILLAGE OF RYE BROOK REGARDING DEFINITIONS, REVIEW COMMITTEES AND THE APPEAL PROCEDURE Board of Trustees Meeting August 10,2004 Page 19 Mayor Rand declared the public hearing open at 9:04 p.m. Trustee Santon felt that a Work Session should be scheduled to discuss this matter. He made a motion to keep the public hearing open so that this matter can be reviewed further. He suggested moving this matter to the agenda for the first meeting in September. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the public hearing was adjourned to September 14, 2004. It was noted that during the interim the Board of Trustees acts as the appeals Board for Tree removal permits. The Board will be hearing appeals on August 26, 2004 at 7:00 p.m. There are at least two appeals for that agenda. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that Resolution 46 was also adjourned to the September 14, 2004 Board of Trustees meeting. 7. CONSIDERATION OF A LOCAL LAW TO AMEND THE VILLAGE CODE TO REGULATE THE EXPIRATION OF BUILDING PERMITS The public hearing was opened at 9:10 p.m. Trustee Feinstein felt that this matter required further clarification. She felt that the concept was good, but that the proposed local law did not provide for the extension of building permits. Mr. Beane responded that part of the problem with this particular proposed law is what happens when the Building Permit expires. Abandonment and construction can be defined, but the real issue is what is done when the Permit expires. This Local Law needs to be reviewed further, and Mr. Beane suggested adjourning the matter to the August 24, 2004 Board of Trustees meeting. Trustee Santon pointed out that the Board recently received a memorandum from the office of F.P. Clark Associates in which another municipalities' review of this type of a local law was included. He felt that there was some interesting language Board of Trustees Meeting August 10,2004 Page 20 included, as well as the reference to a performance bond that should be included in Rye Brook's proposed local law. Mr. Beane stated that he was aware of this additional information. Mayor Rand agreed that this matter was not ready, and requested a motion to continue the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the matter was adjourned to August 24, 2004. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that Resolution 97 was also adjourned to the August 24, 2004 meeting. PUBLIC HEARINGS: 8. CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 180 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLUMBING Mayor Rand opened the public hearing at 9:16 p.m. Mr. Bradbury noted that Westchester County now performs this service, and has performed this service for about ten years. This matter was simply placed on the agenda for discussion. The public hearing was closed on a motion made by Trustee Santon, and seconded by Trustee Buzin. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 9. DRAFT ENVIRONMENTAL IMPACT STATEMENT NOTICE OF COMPLETION REGARDING A K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 22, LOTS 2B AND 2112 Board of Trustees Meeting August 10,2004 Page 21 Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION DRAFT ENVIRONMENTAL IMPACT STATEMENT NOTICE OF COMPLETION REGARDING A K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1,BLOCK 22,LOTS 2B AND 2112 WHEREAS, the Board of Trustees of the Village of Rye Brook has received an application from K&M Realty Group, Ltd. (The Applicant) for Site Plan Approval and a Wetlands Permit for the construction of four (4) buildings, one of which will contain a restaurant and three of which will contain residential dwelling units, parking facilities, lighting, landscaping, and related site development (hereinafter referred to as the"Proposed Action"); and WHEREAS, the Board of Trustees of the Village of Rye Brook determined the Proposed Action to be a Type 1 Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Park 617 and was designated Lead Agency for review of the action; and WHEREAS, the Board of Trustees, as Lead Agency, determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a SEQRA positive declaration; and WHEREAS, the Board of Trustees has received and reviewed a Draft Environmental Impact Statement("DEIS"); and WHEREAS, the Planning Board by resolution on July 8, 2004 recommended that the DEIS,dated February 2004,be deemed complete. NOW,THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook, as Lead Agency, hereby determines that the DEIS for the Proposed Action, dated February 2004, is deemed complete and adequate for circulation to involved and interested agencies and for public review; and BE IT FURTHER RESOLVED that the Board of Trustees hereby authorizes the circulation of the DEIS, as noted above, for public and agency review and comment and further authorizes that a Notice of Completion be filed and circulated pursuant to SEQRA; and BE IT FURTHER RESOLVED that the Board of Trustees hereby schedules a SEQRA public hearing for review of the DEIS on September 14, Board of Trustees Meeting August 10,2004 Page 22 2003 at 7:30 p.m., to be held in Village Hall, located at 938 King Street, Rye Brook,New York; and BE IT FURTHER RESOLVED that the Board of trustees hereby sets a public comment period for written comments regarding the DEIS to close on October 15, 2004. Adam L. Wekstein, Esq., from the firm of Shamberg,Marwell, Hocherman, Davis & Hollis, P.C., addressed the Board of Trustees. He noted that the environmental engineering consultant from John Myers was in attendance, as was the applicant, Mr. Kip Konisberg. The applicant was requesting that the Board of Trustees adopt a resolution that states that the DEIS is complete— adequate as to the scope of contents for the purpose of commencing public review. Mr. Wekstein noted that the Board would not be finding that this is a perfect document; it would not be finding that it settles all of the environmental issues,but rather that it presents a basis for intelligent discussion. He briefly reviewed relatively recent history, and noted that this application has been before the Village for over ten years. Mr. Wekstein noted that he was last before the Board of Trustees in December of 2002. The application was referred to the Planning Board for its recommendation. Over the past two years there have been comments, and revisions, of the DEIS. In addition, a number of the studies have been updated. The studies included, but were not limited to, traffic, wetlands, wildlife, etc. Last month— after almost two years of review — the Village's consultants recommended to Planning Board that it make a recommendation to the Board of Trustees that the document is complete. The Planning Board made its recommendation in July. The Village's Planning Consultant also recommended that the Board should find the document complete. Mr. Wekstein noted that the site involved is on the south side of Bowman Avenue. It is a little over four acres, 4.039 acres, and is really comprised of two distinct portions. One the west side there is a portion known as the peninsula. On the east side there is a portion known as the strip. In total, a little over 2 '/2 acres is dry land. The balance is primarily water. It was noted that east branch of the Blind Brook runs into this site. The applicant is proposing construction of an approximate 4,000 square foot, one-story restaurant, on the peninsula with associated parking (54 spaces). The other portion of the property, known as the strip, which is next to the Rye Ridge Plaza, will be developed with nine condominium units and associated parking. Each unit will have a two car garage with two spaces, and then there will be nine visitors' spaces. There will be a total of 27 spaces. All of the development is "as of right" to the Zoning District. The site was re-zoned in 1993 to allow a commercial use. The site has historically been a highly disturbed site. It was used as a gravel mine, for the storage of heavy equipment, and dump site for construction and demolition debris. Board of Trustees Meeting August 10,2004 Page 23 Mayor Rand called upon Ms. Timpone Mohamed for comments on this matter. Ms. Timpone Mohamed addressed the Board. She noted that there were two topics that she wished to discussed. The first was what the Planning Board and the Village's Consultants have been reviewing. The second topic dealt was SEQRA timelines. Ms. Timpone Mohamed noted that when this application was referred to the Planning Board in November of 2002, one of the things that the Planning Board asked F.P. Clark Associates to do was look at the original scope of the project that was put together in 1996. The idea was to try and figure out whether the scope of the DEIS was adequate to review the project based on changes in circumstances, new information, or other possible changes that would impact the review of the project. Her office looked at the scope and the DEIS, as well as new legislation adopted by the Village, which included Steep Slopes, changes to the Wetlands Law, Erosion and Sediment Control, Storm Water Management requirements, etc. In addition, visual resources were reviewed, as well as the impacts that the development would have on them. The relevancy of the project was reviewed, as was traffic, wetlands delineation, and the wildlife assessment. Also reviewed was the ongoing remediation on the strip. The reports and studies were updated, and the alternatives that were proposed were reviewed. The DEIS would now give the pubic knowledge of what was being done, as well as what could be done. The applicant, in responding to the Village, updated the studies, added additional information regarding steep slopes, visual resources, included pictures, more information about what the restaurant would look like, what the buildings would look like, they updated the traffic study, and updated the wetlands delineation, and they produced a storm water management plan. The Engineering Consultant from F.P. Clark Associates, and the Village's Engineering Consultant have reviewed the document, and found that there is sufficient information within the DEIS for the public to make good, substantive comments. Although additional technical work may be needed, there is enough information there describing the project that would give the public the opportunity to comment. In terms of SEQRA, she submitted suggested timelines, noting that the Board had not seen this application for quite a while, and the timelines could be extended. This document which was renovated in February 2004 contains all of the revisions to-date. Dolph Rotfeld, the office of F.P. Clark Associates, Village Staff and the Planning Board have reviewed the DEIS and the current document contains responses to all of the comments. It is important to note that there will be substantial comments which will be addressed in the next phase. When the Board of Trustees declares itself the lead agency, that the document is complete and ready for public review, they will file and publish a Notice of Completion, and can set a public hearing date. At that filing date, and the Board of Trustees Meeting August 10,2004 Page 24 publishing of the Notice, and the circulation of the DEIS to a variety of public places, the comment period will begin. The Village will submit substantial comments at that time. The minimum comment period is 30 days. A public hearing must be held no less than 15 days after the filing of the Notice of Completion, and no more than 60 days after that filing. There must be 14 days lead time for the Notice of Public Hearing. The comments become part of the Final Environmental Impact Statement (FEIS). If the Board feels that additional time is needed in any case, the Board can increase the amount of time that it has to make the comments and produce the FEIS. Mayor Rand noted that if the Board of Trustees deemed that the DEIS complete, the public hearing must be set for September. He felt that in light of vacation schedules, the public hearing should be set for September 280'. He also noted that the agenda for September 140' was a very heavy agenda, and it included an open house for the Fire House. In setting the date for September 280', he also noted that he was attempting to give the public enough time to review this matter and prepare comments. Trustee Santon noted that there have been many Zoning Code amendments, especially the Scenic Overlay District, which would effect this application. He pointed out that the frontage would increase because of this legislation and he asked if the applicant was aware of this impact. It was noted that the impact would be discussed during the public hearing. Mr. Wekstein responded that the applicant understood that the changes in legislation would need to be addressed. Trustee Santon noted that this application has been before the Board since 1993. Mayor Rand requested a motion to amend the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was amended to reflect the public hearing date of September 280'. Trustee Feinstein commended the Planning Board for their diligence, and thanked the firm of F.P. Clark Associates, and Ms. Timpone Mohamed, for all of their hard work on this matter. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting August 10,2004 Page 25 9. REFERRING A LOCAL AMENDING SECTION 250-2 OF THE VILLAGE CODE CONCERNING THE DEFINITION OF HEIGHT/SETBACK RATIO TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION REFERRING A LOCAL LAW AMENDING SECTION 250-2 OF THE VILLAGE CODE CONCERNING THE DEFINITION OF HEIGHT/SETBACK RATIO TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Section 250-2.0 of the Village Code to clarify the calculation of required setbacks and building heights using height/setback ratios for residential zoning districts. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, determines that adoption of the proposed local law would be a "Type 2" Action requiring no further review pursuant to the State Environmental Quality Review Act. BE IT FURTHER RESOLVED, that the subject local law shall be referred to the Planning Board and Village Staff and Consultants for reports and recommendations. Trustee Santon requested a quick overview, noting that diagrams were now included. Mr. Bradbury noted that these amendments will help clarify the Code for both for the Building Department and the applicants. This is a very difficult law to follow. These definitions and illustrations have been added will be helpful. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting August 10,2004 Page 26 10. SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT 760-800 WESTCHESTER AVENUE UNDER CERTAIN CONDITIONS Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT 760-800 WESTCHESTER AVENUE UNDER CERTAIN CONDITIONS WHEREAS, the Village of Rye Brook has received notice of a Westchester County Industrial Development Agency Project (the "Project") in accordance with Section 923-a and Section 859-a of the General Municipal Law; and WHEREAS, the RPW Group, Inc., has requested the financing of the acquisition of an approximately 53.7 acre parcel of land and the renovation and equipping of two (2) existing buildings (one approximately 523,000 square feet and the other approximately 59,000 square feet) located at 760-800 Westchester Avenue; and WHEREAS, the Westchester County Industrial Development Agency intends to issue bonds or a straight-lease transaction, in addition to financial assistance in the form of sales use taxes, in accordance with the Notice of Public Hearing dated July 30, 2004, and will be holding two public hearings on August 31, 2004. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Village board hereby supports the Westchester County Industrial Development Agency Project with the RPW Group, Inc. at 760-800 Westchester Avenue subject to the following conditions, which, if they were not included in this Project,would constitute an objection by the Village of Rye Brook: • That Project shall not include any abatement of the mortgage recording tax amounts that would have been due to the Town of Rye, Village of Rye Brook, and Village of Port Chester in the absence of this project; and • That RPW, Inc. will enter into a PILOT with the Village of Rye Brook and the Port Chester School District, or, in the alternative, that the property will be placed on the tax rolls as non-exempt. Mayor Rand called for an Executive Session at 9:50 p.m. Upon the Board's return, Mayor Rand called for an amended motion. Trustee Feinstein withdrew her initial motion, which was seconded by Trustee Santon. Mayor Rand noted Board of Trustees Meeting August 10,2004 Page 27 that this matter was tabled to the next meeting of the Board of Trustees, scheduled for August 24, 2004 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 11. AMENDING THE VILLAGE OF RYE BROOK LICENSE AND PERMIT FEE SCHEDULE TO INCLUDE A FEE FOR A CONSERVATION EASEMENT APPLICATION Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION AMENDING THE VILLAGE OF RYE BROOK LICENSE AND PERMIT FEE SCHEDULE TO INCLUDE A FEE FOR CONSERVATION EASEMENT APPLICATION WHEREAS, on July 270' the Village Board adopted Local Law 99, establishing a new procedure for the receipt of applications to consider conservation easements; and WHEREAS, the Village of Rye Brook License and Permit Fee Schedule adopted in the June 1, 2004 Annual Budget did not anticipate a fee for the review of these applications. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule on file in the office of the Village Clerk be amended to add the following application fee: Chapter 105 Conservation Easement Application $100.00 AND, BE IT FURTHER RESOLVED, that the Village Administrator/Clerk is authorized to amend the License and Permit Fee Schedule to reflect this additional fee. Mr. Bradbury noted that this is a processing application fee. Board of Trustees Meeting August 10,2004 Page 28 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 12. AUTHORIZING AN AGREEMENT BETWEEN THE PORT CHESTER PUBIC LIBRARY AND THE VILLAGE OF RYE BROOK FOR LIBRARY SERVICES Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE PORT CHESTER PUBIC LIBRARY AND THE VILLAGE OF RYE BROOK FOR LIBRARY SERVICES NOW,THEREFORE,BE IT RESOLVED, that the Mayor is authorized to sign the agreement for library services between Port Chester Public Library and the Village of Rye Brook in accordance with the letter and agreement received from Bruno J. Gioffre, of Gioffre & Gioffre, dated July 7, 2004. Trustee Santon asked for a brief overview of this Agreement. It was noted that this Agreement was a very basic agreement. Mr. Bradbury stated that an audit recommended that the Rye Brook have an agreement which basically identifies the services being offered. No performance standard is set. He suggested that the Village may want to consider, as a separate project, working with the liaison of the Library, having that person come back more often and report to the Board, and really work with them to make sure that the Library is offering services that benefit Rye Brook residents. Trustee Santon asked how the monetary arranged was defined. Mr. Bradbury noted that the monetary schedule can be amended by both municipalities. This agreement gives flexibility, and it allows the Board the ability to change the amount. Board of Trustees Meeting August 10,2004 Page 29 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 13.AWARDING CONTRACT #04-05: RECONSTRUCTION OF A RETAINING WALL AT GARIBALDI PLACE Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION AWARDING CONTRACT #04-05: RECONSTRUCTION OF A RETAINING WALL AT GARIBALDI PLACE WHEREAS, the Village of Rye Brook has solicited bids for contract 04- 05 "Reconstruction of a Retaining wall at Garibaldi Park;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on July 16, 2004; and WHEREAS,AT 10:00 A.M., Wednesday, July 29, 2004, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND I. ELQ Industries $38,700.00 Yes 2. Forte Industries $38,800.00 (Certified Check) 3. Carino Management $39,500.00 Yes 4. Peter Lande Inc. $58,000.00 Yes 5. NAC Industries $87,900.00 Yes 6. Xavier Contracting $99,000.00 Yes WHEREAS, upon reviewing the bids, the Director of Recreation and Village Administrator have determined that the lowest responsible bidder meeting the requirements of the contract documents is ELQ Industries for the bid price of $38,700.00. Board of Trustees Meeting August 10,2004 Page 30 NOW, THEREFORE, BE IT RESOLVED, that contract 404-05 "Reconstruction of a Retaining Wall at Garibaldi Park" is hereby awarded to ELQ Industries for the total bid price of$38,700.00; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to executor and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. It was noted that this retaining wall is located behind the tennis court area of the park. Mr. Victor Carosi, Village Engineer, noted that this wall replaces the railroad tie wall that currently exists. This will be a longer lasting wall. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that there will be an Open House held at the First House on September 14, 2004, from 4:30 p.m. to 7:30 p.m. All of the trucks and personnel will be in attendance, as will the Village of Port Chester' fire personnel. He extended an invitation to everyone,noting that this project has been ongoing for a number of years. Mayor Rand stated that the Sanitation Contract is with CRP, and now they will be starting the recycling as well. They asked that residents be educated as to what is recyclable and what is not. He also noted that Leaf Collection was also scheduled to start shortly after Labor Day. ADMINISTRATOR'S REPORT Mr. Bradbury began by noting that recycling helps reduce taxes and saves the Village money. If a resident places out something that is not recyclable, the item/items will be left with an "Oops" sticker. If the wrong material is in the load that is brought to White Plains, Westchester County can reject the entire load. It would then have to be brought back, dumped, gone through, and brought back. This would end up costing the Village more money in the long run. Recycling information is on the Sanitation Calendar, as well as on the Village's website. Mr. Bradbury noted that the Village's website was being updated and revised. Mr. Bradbury noted that the Village received another grant — the Firefighter Grant — in the amount of$30,000 to buy various fire detectors, which will be distributed at the fire house to various groups, including seniors. Board of Trustees Meeting August 10,2004 Page 31 The sign law is currently being revised. Various aspects have been reviewed, and additional changes may be made. The Building Department will be enforcing temporary signs, which must be 20' from the roadway or '/2 the distance from the building to the curb, whichever is less. The signs that are installed improperly will be removed. These signs include real estate signs, contractor signs, construction signs, etc. Mr. Bradbury noted that Nextel is working with three carriers for co-location, and is preparing a formal proposal for the Village. This agreement should be completed within the next 60 days and then submitted to the Village for review. Verizon and Con Edison representatives attended a meeting with Mr. Bradbury and Police Chief Santoro. They seem very receptive to making changes. Issues discussed with them were landscaping, the use of the Village's right-of-way, and not having trucks camping out in certain areas. This will be a continuous effort, but the Village is very pleased with the response. A discussion regarding West Ridge was also held between Verizon, the Village's Planning Consultant, and a Landscape Specialist. They are working on a plan to be presented to the Village Board. NEW BUSINESS DISCUSSION: REVIEW OF VARIOUS LAND USE APPLICATION PROCEDURES Trustee Santon noted that for a period it has been noted that parties apply for permits and when the Certificates of Occupancy is issued it does not match up to ownership of the properties. Contractors apply for permits. There have also been times when a vendor will apply for tree permits instead of the owner of record. He felt that it was very important that the owner of record apply for the permit. Mayor Rand noted that the Task Force given the job of reviewing whether or not the Planning Board will have final approval authority has completed its task. Recommendations have been made, and this matter will be posted on the website this week. There will be a presentation on these findings on September 140' at the Board of Trustees meeting, and a public hearing will be set. This will be a major change for the government and Village. He suggested that everyone take the time to read the report. This will be a way of streamlining and making government more efficient. There being no further business before the Board, the meeting was adjourned at 10:36 p.m. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting August 10,2004 Page 32