Loading...
HomeMy WebLinkAbout2004-09-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL 938 KING STREET TUESDAY, SEPTEMBER 28, 2004 -7:30 P.M. AGENDA 7:00 P.M. EXECUTIVE SESSION: PERSONNEL/LITIGATION/LEGAL MATTERS ROLL CALL PLEDGE OF ALLEGIANCE REPORT: TOWN TAX ROLL UPDATE PUBLIC HEARINGS 1) CONSIDERATION OF A 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 2132. 2) CONSIDERATION OF A LOCAL LAW TO AMEND THE VILLAGE CODE TO REGULATE THE EXPIRATION OF BUILDING PERMITS. RESOLUTIONS 1) REFERRING THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY K&M REALTY GROUP, LTD., FOR DEVELOPMENT OF SECTION 1, BLOCK 22, LOT 2B, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK FOR COMMENTS. 2) CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION TO A SINGLE-FAMILY DWELLING LOCATED AT 15 PINE RIDGE. Board of Trustees Meeting September 28,2004 Page 1 3) AUTHORIZING A MODIFICATION TO THE ARCHITECTURAL SERVICES AGREEMENT WITH THE THOMAS GROUP FOR THE KING STREET BALL FIELDS. 4) AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FOR ENGINEERING SERVICES REGARDING THE KING STREET BALL FIELDS AND DETENTION BASIN. 5) ELECTING PARTICIPATION IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM. 6) AUTHORIZING THE APPLICATION TO NEW YORK STATE TO INSTALL, OPERATE AND MAINTAIN TRAFFIC SIGNAL PREEMPTION EQUIPMENT FOR THE FIREHOUSE. 7) APPOINTMENT OF OFFICE ASSISTANT—FINANCIAL SUPPORT. 8) APPOINTMENT OF RECREATION LEADER. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS Discussion: Update on various Red Roof Farm Subdivision related matters. Discussion: Follow-up on November 7, 202 DRE "Storm Water Analysis, East Branch Blind Brook" Report. Discussion: Various roadway/sidewalk projects; acknowledgement of Beechwood Boulevard paving. Discussion: Discussion of the Community Coalition. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustees Meetings: October 12, 2004 and October 26, 2004 Board of Trustees Meeting September 28,2004 Page 2 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Keith E. Rang,Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Victor Carosi,Village Engineer Mitchell Markowitz,Village Tax Assessor Dolph Rotfeld,Village Engineering Consultant 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 September 28, 2004 Board of Trustees Meeting. He noted that the Board of Trustees held a pre-meeting. Members of the Tree Committee were in attendance for this very productive discussion. As there was a very heavy agenda, and members of the public waiting for certain items, it was noted that some of the items would be taken out of order. Mayor Rand stated that the Board of Assessment Review for the Town of Rye had completed its work on the 150' of September. The Tax Roll for the Village of Rye Brook, both commercial and residential, was now available on the Village's website. Mayor Rand called for the first item on the agenda. REPORT: 1) TOWN TAX ROLL UPDATE Mitchell Markowitz, Tax Assessor, addressed the Board. He noted that he was at the meeting to update the Village on the status of the Town's Re- Evaluation. The New York Property Tax Law requires that Tax Assessors keep the tax roll up to date each year. There are various means that the Tax Assessors can use to accomplish this tax, including annual reassessments or municipal-wide revaluations. On June 1, 2004 the Town of Rye adopted a tentative roll. Subsequent to that the Board of Assessment Review received approximately 1000 complaints town-wide. They spent two days a week over several months reviewing each and every complaint filed by the homeowners. As part of that process, the Board of Trustees Meeting September 28,2004 Page 3 Assessor's Office provided the Board of Assessment Review with Town-wide historical sales from approximately 1997, as well as detailed information on property sales during the past year. The Board of Assessment Review rendered decisions on each complaint. This information was put into the Assessment Roll. The Assessment Roll is available for review at the Tax Assessor's Office. The Board of Assessment Review should be commended for the time that they have put in to try and make sure that everyone received a proper review. The final roll has now been certified. At this point in time, if anyone still feels their assessment is incorrect they can file for a Small Claims Assessment Review. They have until mid-October to file. Mr. Markowitz noted that a booklet entitled "How to File a Review for Assessment'' was available for all residents. He also noted information on filing for a review is available on the New York State website, and that there was a $30.00 filing fee. If a resident filed a complaint and did not receive a letter of determination, then they should go into the Tax Assessor's Office and view the value of their property to ensure that the complaint was answered. Trustee Joan Feinstein noted that not only is information is listed on the Village's website, it would also be run in the local newspaper. Mayor Rand thanked Mr. Markowitz for his presentation, and the Board of Assessment Review for their hard work. Mayor Rand called for two changes to the agenda. He called for Resolution 92: 2) CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION TO A SINGLE-FAMILY DWELLING LOCATED AT 15 PINE RIDGE ROAD. Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting September 28,2004 Page 4 RESOLUTION CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION TO A SINGLE-FAMILY DWELLING LOCATED AT 15 PINE RIDGE ROAD WHEREAS, Mr. Edgar Schauber of 15 Pine Ridge Road submitted a letter to the Village Board of Trustees on September 15, 2004 requesting a modification of notification requirement under Section 250-40 of the Village Code for a building permit application to construct a one-story addition, install a roof over the front porch, and construct a new wood deck; and WHEREAS, a previous modification of the notification requirement was granted by the Board of Trustees on August 24, 2004 regarding the subject application; and WHEREAS, Mr. Edgar Schauber is requesting an additional variance regarding this application; NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the following waiver to notification requirements: 1) The mail modification area shall be defined as a radius line measured from 250 feet, instead of 500 feet from the property lines of the subject property. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON ABSENT MAYOR RAND VOTING AYE Mayor Rand called for resolution 98 on the agenda: 8) APPOINTMENT OF A RECREATION LEADER Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees Meeting September 28,2004 Page 5 RESOLUTION APPOINTMENT OF RECREATION LEADER WHEREAS, John Swick, of 360 Westchester Avenue, Port Chester, New York, is hereby appointed to the position of Recreation Leader with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and BE IT FURTHER RESOLVED, that the annual salary for the position is increased to $39,747.00 with an effective start date of September 29, 2004 and a probationary period of fifty-two weeks. Mr. Bradbury noted that John has been with the Village for a number of years, and has done a great job. Mr. Swick was congratulated on his appointment. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON ABSENT MAYOR RAND VOTING AYE PUBLIC HEARING: 1) CONSIDERATION OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT NOTICE OF COMPLETION REGARDING A K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1,BLOCK 22,LOT 2B. Mayor Rand opened the public hearing. Adam L. Wekstein, Esq., from the firm of Shamberg Marwell Hocherman Davis & Hollis P.C., addressed the Board as legal counsel for the applicant. He noted that Mr. Jim Ryan of John Meyer Consulting — the applicant's engineer and planner, Beth Evans of Evans and Associates — the applicant's wetlands consultant, and the applicant,Kip Konigsberg were all in attendance. Mr. Wekstein noted that the applicant submitted a Draft Environmental Impact Statement, a Site Plan Approval application, a Wetlands Permit application, and a Steep Slopes Permit application. Under SEQRA the step in the process that the applicant has now reached is the public hearing on the Draft Environmental Impact Statement. This statement is an analysis that is designed to give the public and the Board of Trustees a chance to make an Board of Trustees Meeting September 28,2004 Page 6 intelligent review of the project and make comments. The next step will be for the applicant to take those comments and respond to them. Mr. Wekstein noted that the applicant had hired a stenographer to take down all of the information. This will assist the applicant in responding to all the issues that are raised. Mr. Wekstein noted that the applicant and his representatives would respond to any comments or questions raised during the public hearing. He began with a brief overview of the project. He noted that the project involves property in access of four acres located on Bowman Avenue in a C-1 Residential District. The proposed uses are permitted uses within this Zone. Approximately 2 1/3 acres is dry land. Another approximately 1 1/3 acres is open water. The western portion of the site, known as the peninsula, is intended to be the site of a 4,000 square foot, one-story restaurant. It will have 54 parking spaces. The eastern portion of the site, which is referred to as the strip, will be the site of three buildings, each housing three condominium units. They will be approximately 1600 square feet in area. There will be 27 parking spaces, which includes nine visitor spaces and 18 for the residential units. Mr. Wekstein gave a brief historical background of the property. He noted that the site was used, for a significant period time, as a sand and gravel mine. Next it was used as a burial site for construction and demolition debris, since 1991, it has been basically left as is. He noted that the applicant would be submitting a chronological history, in writing, to the Village. Mr. Jim Ryan of John Myers Consulting was called upon o continue the overview. Mr. Ryan noted that his firm was responsible for submitting the civil engineering aspects of the project, as well as landscape architecture and the traffic engineering. He stated that over many, many months the DEIS was prepared. At the last Board of Trustees meeting this DEIS was accepted. Mr. Ryan noted that this is a comprehensive document. The property is divided by a water body. It has been separated into two sections: the strip and the peninsula. The entire property is zoned C-1, Retail District. The applicant is seeking Site Plan approval in accordance with Chapter 250 of the Village Code. The applicant also requires the issuance of a Wetlands Permit in accordance with Chapter 245, and a Steep Slopes Permit. There will be a retail restaurant use and a residential use. The surface conditions were reviewed on the property. The review included the geology of the property, soils, subsurface and surface water, the wetlands, different aspects of the property, the vegetation on the property, wildlife, traffic, visual resources, and hazardous materials. Mr. Ryan noted that the proposed action of soil remediation is not expected to result in any impact to the geological features of the property. The soil disturbance will consist primarily of grading. As the Board is aware, the Board of Trustees Meeting September 28,2004 Page 7 property was originally used by Barber & Cococola for a source of sand and gravel. Consequently, it became a fill site, and some of the materials, although not hazardous, were found on the site. The materials were considered construction and demolition material. There were rocks, debris, concrete, wood, glass, and metal and all of it was located on the strip. Mr. Ryan noted that the developer does not anticipate a significant impact on the ground water resource. The area to be developed is approximately 1.3 acres. There will be a minor loss in ground water recharge on the property, which will be mitigated by a program of infiltration. There will be a detention system and storm water management. The water quality was an issue, and it was addressed in the DEIS. The water quality will be improved by this development. The embankments will be stabilized. Vegetation on the property is primarily leaves and brushes. There is some tree growth on the strip portion of the property, and all trees are detailed on the plans. The proposal is to re-vegetate. Wildlife review is detailed in the report. Wetlands on the property are limited wetlands. They follow along the water's edge. Access to the property will be provided by two driveways off of Bowman Avenue. Traffic studies have been completed. The site distances have been reviewed and are in acceptable ranges. Traffic, as it relates to construction impacts, has also been reviewed. Visual resources have also been considered. The applicant believes that this property as developed will open up opportunities, such as viewing the water. Some of the initial reviews of the property included hazardous materials. Some gasoline contamination was found on the strip; a low concentration of diesel and gasoline was found. Remediation was required, and the applicant decided that the best approach would be to remove the contaminated soil. This has been an ongoing process. Mr. Ryan noted that the applicant is aware of the proximity of the property to the Port Chester Middle School. Traffic studies have taken this into consideration. Also included in the DEIS is the timing, excavation, nature of construction, and the foundation. Mr. Bradbury noted that the Village Board established the public comment period and, at this time, the DEIS was available for public review. Ms. Marilyn Timpone Mohamed, Village Consultant, noted that she had created a memorandum for the Board. Essentially the memo requests clarification and additional information on a variety of topics within the DEIS. Ms. Timpone Mohamed noted that there were also suggestions presented in this memo on topics such as site plan, conservation of open space, and public access. This property is described as a single lot, but the DEIS describes it as two separate lots. There is open water and steep slopes on the property. Other Board of Trustees Meeting September 28,2004 Page 8 issues have to do with the zoning calculations and what zoning requirements are used to develop the size and density of the restaurant and residential section of the property. Also to be addressed was the new Scenic Roads Overlay District, which was recently adopted by the Village, as well as parking and how the parking requirements are in compliance. Ms. Timpone Mohamed noted that whether or not the DEC approved the change from the original remediation plan, it must be addressed. Also to be addressed is whether or not the new remediation plan will do the job that the original one set out to do. There have been amendments to the Village's Wetlands Law, and the applicant will be required to comply with these changes. Although the trees on the property have been catalogued, the health of the trees has not. In regard to visual analysis, certain additional information and clarification has been requested. The same is true for construction impact. A suggestion that was made was that a conservation easement be placed on the property. The applicant has discussed upgrading the vegetation. The property sits on open water that is an asset to the Village. It is one of the few places that open water is available. Ms. Timpone Mohamed suggested placing a public access on the peninsula, and perhaps a walkway on the strip area. This would guarantee public access to this area. Ways to improve the plan have been suggested. Ms. Timpone Mohamed noted that an additional item was the creation of an actual set of floor plans, for both the restaurant and the residential units. She noted that the Planning Board would be reviewing many of these topics. Ms. Timpone Mohamed noted that the delineation of the wetlands was done quite a while ago, and it was not done during the proper time of the year. It was also noted that a Conservation Easement has been recommended for wetland buffer areas. Mayor Rand stated that the Village is concerned about the wetlands situation and the water course. Ms. Timpone Mohamed noted that Evans Associates has re-visted this matter, and re-reviewed what was there three times. What was of concern to her was that this site is being treated as if it is a disturbed site. As a disturbed site, anything that is done to it will improve it. Development on this site is not necessarily a bad thing. This land has been degraded. Having made a mistake in the past of degrading an area that the Village now knows should have been maintained pristine, the Village must carefully review this project. Ideally it would be great to restore the property back to the time before it was degraded —before the construction debris was dumped—but it would be very difficult to get to that point. It would make a better project, and fulfill a commitment towards improving the Brook and the property, if the project was scaled down a bit, if the site was opened to the public access, if restoration work was done Board of Trustees Meeting September 28,2004 Page 9 on the bank, and if retaining walls were limited. The Board of Trustees and the Planning Board should consider this. The Planning Board needs to review this matter and come back with substantial comments. Mayor Rand noted that the Board of Trustees would have plenty of opportunities to address this matter. He called for comments from members of the public. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that the DEC situation must be discussed. This has been an ongoing situation. The DEC must approve the situation before anything else is done. He noted that he sat through a number of years of hearings on Red Roof Farm, which has turned into an ecological disaster. Having lived in the Village for 60 years he stated that he has seen flooding first hand, and that he was aware of the water tables. Flooding should be a major concern. The Key Hole lies within the jurisdiction of several Villages. The water flows over the damn and hits the east peninsula and counter clockwise flows against the east peninsula. Water flows from the Key Hole onto the East Peninsula. Storm walls will impact the water of the Key Hole. A result could be flooding of the thruway. Any water that can be retained on the property is a plus. Although it is nice to re-cover land and put plantings on it, nature has grown its own cover and there are many trees and plants that are substantial in size. Mr. Heller stated that once the trees were cut down on the peninsula the natural sound barrier would be gone. It would not be long before the new residents would request sound barriers because the noise level there is horrendous. Mr. Heller could not understand how the Village could improve what nature has created by putting up condos. In his opinion, developing the peninsula is okay, but he stated that he had a tremendous problem with the peninsula and the strip being developed. He reiterated his statement that this development would create flooding problems for the Village of Rye Brook. Mr. Stephen Otis, Mayor of the City of Rye, addressed the Board. He stated that the Rye City Council would be providing a written report to the Village of Rye Brook. Mayor Otis commented that he had reviewed this project approximately eleven years ago, and one of the major concerns then, and now, is flooding. Rye has been experiencing the worst flooding since the 1970's. Water came into the first floor of some homes, and a number of motor vehicles were in the flood plain were 100% lost. Ten years ago he worked with Environmental Committee and helped work with them on what became the Village of Rye Brook's Wetlands' Law. Mayor Otis noted that the appropriate solution for this property back then was different than the solution that is being proposed today. The City of Rye is very concerned about taking anything away from the future storage capacity of the Key Hole. The City of Rye owns a lot of water near the Key Hole and Board of Trustees Meeting September 28,2004 Page 10 the damn that is upstream from the property, and land behind the damn. You don't build on buffers that store water, it goes against all of the environmental policies. The City of Rye had requested that the Village of Rye Brook seek assistance from the County to try and purchase this land. He suggested that Rye Brook again approach the County for direction. There is a Westchester County Water Conservation District, and they are a good resource for everyone on a project like this. The City of Rye remains very concerned. He noted that there was a flash flood watch tonight which meant that many of the residents of Rye could not attend the meeting. There is a serious problem that must be addressed. Ms. Kelly Kennedy of Rye addressed the Board. She noted that she was around ten years ago and involved in the initial review of this project. She pointed out that there has been tremendous flooding in Rye, with many basements taking from 6" to 12" of water. All of these residents are very, very concerned about flooding. Trustee Harris noted that although the applicant would be providing a written history, he asked that Mr. Konigsberg give a brief update. He also noted that the traffic studies that were done addressed traffic from the old Altrium building. Now with the new ownership, and scattered work hours, the changes should all be considered. He also suggested an official walk through. He noted that he had walked the perimeter of the property in 1999, when the Planning Board was reviewing Roanoake Park. He asked for information on what the outcome was on discussion with the Village to purchase the property, as well as information on how the water problems that already exist would be mitigated. Mr. Kip Konigsberg, applicant, addressed the Board. He noted that he has owned the property for ten years. The prior owner of the property had informed him that when parts of 287 were being re-constructed, some of the concrete was placed on the site, as was construction debris from the former owner. A very thorough analysis was done, and the DEC did in fact approve a remediation action plan. At a Planning Board meeting one of the members suggested that the contaminated soil be removed. He felt that as the Village was requesting this, and since it was a simple thing to remove what was left, he made the decision to go ahead and do it. It was cost efficient and from a marketing standpoint it would be better to have a clean site with a DEC closure letter than to have to explain to someone that the consultants believe that there is no impact to humans or animals. The DEC approved the removal. Mr. Konigsberg noted that he began discussions with the Village about purchasing the property. The Village hired an appraiser to determine the value of the site. At one point he offered part of the property to the Village for open space, but the Village turned him down because they did not want to deal with the issues of safety and planning. The Village's Vision Plan Board of Trustees Meeting September 28,2004 Page 11 identified the site for recreational use. He then became the attorney for the Red Roof Farm developer, and was asked to put his project on hold until Red Roof Farm was completed so that there would be no conflict of interest. Shortly after completion of Red Roof Farm, discussions were held with the former administration. Both the City of Rye and Village of Rye Brook were approached to purchase the property. State funds were applied for. He noted that he waited for a year and no funds became available. The property was also offered to the Village as part of a land swap. This project has started and stopped many times over the years. Mr. Ryan addressed the storm water issues that had been brought up. He noted that the approach on storm water is to contain all of the storm water and runoff into a storm water detention system on site. There are two basins being proposed for this property. Trustee Feinstein noted that she had two areas of concern: flooding and traffic issues. She felt that given the relationship to the Port Chester Middle School, and the fact that the population of the school children has been increasing, she was concerned with the traffic flow and congestion that will result in the morning. She asked for additional information on these two issues. Mayor Rand agreed that with the Altrium building moving from a single tenant/owner to a multi-tenant building, traffic should be thoroughly reviewed. Trustee Santon noted that the primary purpose of the public hearing was to refer the DEIS back to the Planning Board. The Planning Board can now get into the meat of the project and discuss the various alternatives. Trustee Santon noted that the very large lake on the Altrium property was created as part of a storm water management control. It benefited the properties up stream, and it served to mitigate flooding down stream. Without this lake there would have been far worse flooding over the years. He expressed his concern regarding what was going on with that lake and what the current conditions were. He also noted that the new developer has a acquired a site with a lot of land that has been underutilized. As-of-right there could be development that would affect the neighbors to the North. He asked that this matter be reviewed. He also requested that the Westchester County Soil and Water Conservation District be included in the referral process. Trustee Santon noted that several new local laws have been adopted to which this project must now comply. Mayor Rand noted that the public hearing would remain open until October 260i. This would give everyone the opportunity to review the report, and give the applicant the opportunity to provide the Village with the historical timeline. Board of Trustees Meeting September 28,2004 Page 12 A motion was made by Trustee Santon, and seconded by Trustee Harris, to keep the public hearing open to the October 26, 204 meeting of the Board of Trustees. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTION: 1) REFERRING THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY K&M REALTY GROUP, LTD., FOR DEVELOPMENT ON SECTION 1, BLOCK 22, LOT 2B TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK FOR COMMENTS. Mr. Bradbury read the resolution. On a motion made Trustee Feinstein, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION REFERRING THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY K&M REALTY GROUP,LTD.,FOR DEVELOPMENT ON SECTION 1,BLOCK 22, LOT 2B, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK FOR COMMENTS WHEREAS, the Village of Rye Brook has received an application from K&M Realty Group, Ltd. (the "Applicant") for Site Plan Approval, a Wetlands Permit and a Steep Slopes Permit for the construction of four (4) buildings, one (1) of which will contain a restaurant and three (3) of which will contain residential dwelling units and construction of parking facilities, lighting, landscaping, and other related site development; and WHEREAS, the +/-4.039-acre property (the "Property"), approximately 1.672 acres of which is open water, is located on the south side of Bowman Avenue, approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District, in the Village of Rye Brook, New York, and is shown as Tax Lot Section 1, Block 22, Lot 2B; and Board of Trustees Meeting September 28,2004 Page 13 WHEREAS, the Village Board determined that the Project is an unlisted action and was designated as Lead Agency for the project, in accordance with the State Environmental Quality Review Act(SEQRA); and WHEREAS, a Draft Environmental Impact Statement (DEIS) was prepared by the Applicant and referred to the Planning Board by the Village Board on September 24, 2002 to review for completeness and to make recommendations; and WHEREAS, the DEIS was revised in response to comments from the Planning Board, Village staff, and consultants; and WHEREAS, the February, 2004 version of the DEIS was deemed complete by the Village Board, acting as Lead Agency, on August 10, 2004; and WHEREAS, in connection with the public comment period on the DEIS, the Village Board seeks comments from the Planning Board regarding the substance of the DEIS. NOW,THEREFORE, BE IT RESOLVED, that, in conjunction with the public comment period and public hearings currently being undertaken by the Village Board in its capacity as Lead Agency, the Village Board hereby refers the DEIS to the Planning Board, and the West Chester County Soil and Water Conservation District for review and comment. Mr. Beane requested a correction to the resolution. Trustee Santon asked that the matter also be referred to the Westchester County Soil and Water Conservation District for review. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was amended. The roll was called on the amendments: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting September 28,2004 Page 14 The roll was called on the resolution, as amended: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for a brief recess. Upon the Board's return, the second public hearing was opened: 2) CONSIDERATION OF A LOCAL LAW TO AMEND THE VILLAGE CODE TO REGULATE THE EXPIRATION OF BUILDING PERMITS. Trustee Feinstein noted that this matter had been on the agenda before but it was adjourned for further review. She gave a brief history of the genesis behind this new local law. She noted that building permits in the Village of Rye Brook do not have an expiration date. Therefore, some applicants have started construction and, for various reasons, the project had to stop half way through. At times these projects become an eye-sore for the neighbors. The rights of individuals to make improvements must be balanced with the rights of their neighbors. One issue that required further review was whether or not the Building Permit expiration date should be applied to residential and commercial properties. After review, it was decided that the Building Permit shall expire six months from issuance if construction has not commenced. If construction has commenced, the Building Permit will expire in eighteen months. A year was considered too short, especially when looking at commercial properties. Trustee Feinstein noted that another issue dealt with old Building Permits issued before the date of the new law. After brainstorming, it was decided that if there is a building permit issued on August 1St and the law is adopted on November 1St—the birth date becomes November 1St Trustee Feinstein noted that the Board of Trustees will have the authority to extend the time period set forth, especially if there are extenuating circumstances. An extension must be required prior to the date of expiration. Mr. Beane noted that penalties were discussed, as was the appeal process. These areas also need further review. Mayor Rand thanked Trustee Feinstein and Mr. Beane for their work on this issue. Many complaints have been received from residents about projects that stopped mid-stream and became eyesores. These projects affect the quality of Board of Trustees Meeting September 28,2004 Page 15 life of the residents. This amendment to the Local Law requires a little more fine tuning,but this is a good start. Trustee Santon noted that when an application is put before the Village it must be the owner of record that makes the application. He also noted that a better definition of"commencement of construction" was required because someone could say that they placed a shovel into the ground and therefore the construction was started. Mr. Beane responded that he would try and formulate a workable definition. Mr. Beane stated that he would have another draft ready for the next meeting. Mr. Ken Heller of Lincoln Avenue addressed the Board. He felt that the Village was being pretty naive in thinking that they can control this matter. He noted that building permits are issued for many reasons. The Village should first decide what they are talking about — meaning the size of project that they want to control should be addressed. There is no distinguishing between minor renovations and full construction in this draft. He felt that these changes would be penalizing everyone and he, himself, was unclear as to what the Village was trying to accomplish. Mayor Rand noted that there was flexibility and exceptions to the rules. If a contingency comes up and the applicant cannot complete the project within the allotted time, then they can come in and request an extension. The Building Inspector has the discretion to extend the Building Permit. If that doesn't work to their satisfaction, there is an appeals process for extenuating circumstances. This new law addresses the interest of all of the residents. Trustee Santon pointed out that if there is a small project there is no possibility of a fine and the Building Permit simply expires. A small project should be able to be completed within a year and a half. He also felt that six months to start a project was a fair amount of time. Trustee Santon pointed out that currently there are many open Building Permits. This is also a way of monitoring Building Permits issues. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the public hearing would remain open to the October 260'meeting of the Board of Trustees. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting September 28,2004 Page 16 RESOLUTIONS: 3) AUTHORIZING A MODIFICATION TO THE ARCHITECTURAL SERVICES AGREEMENT WITH THE THOMAS GROUP FOR THE KING STREET BALL FIELDS Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION AUTHORIZING A MODIFICATION TO THE ARCHITECTURAL SERVICES AGREEMENT WITH THE THOMAS GROUP FOR THE KING STREET BALL FIELDS WHEREAS, THE Village of Rye Brook has an existing agreement, dated September 27, 2002, for architectural services with The Thomas Group for the design and construction of a proposed ball field to be located at the former compost site on King Street; and WHEREAS, the Village has decided to modify the scope of work performed by The Thomas Group and has requested a modification of the existing agreement; and WHEREAS, Scott Hughes, Senior Principal of The Thomas Group, has submitted a revised proposal for a modified agreement by letter dated September 20, 2004. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby authorizes the Mayor to modify the existing architectural services agreement for the proposed ball field in accordance with terms and conditions outlined in the September 20, 2004 letter received from The Thomas Group, at a cost not to exceed$5,000.00. Mr. Bradbury gave a brief background on where this project was at this time. He noted that the Village was at the design phase and funding. This resolution simply engages The Thomas Group to continue, on an hourly basis, creation of additional schematic design. The fee for the original schematic design will be applied to the total overall fee. Trustee Santon asked for clarification in the resolution, noting that the cost would be $5,000.00. He felt that it was awkward to enter into a promise of an unspecified agreement. He stated that he was not prepared to enter into this agreement, at 6 '/2% of a possible multi-million dollar contract. He noted that the Board of Trustees Meeting September 28,2004 Page 17 only thing that the Village was authorizing at this time was the expenditure of $5,000.00 on design work because the previous design budget has been expended. Mr. Bradbury noted this proposal is based on the 6 '/2%. The old contract would be void, and the revised contract would move the Village to the next phase. Trustee Santon noted that in June of 2002 he was on the Board that approved the original contract. They authorized a $45,000 fee. A plus or minus number is given because no one could clearly estimate the cost of the project. One year later the Board authorized another $200,000 in the budget for recreation projects it was not necessarily specified for that exact project. The agreement with The Thomas Group was not modified. Now the Village needs a little more seed money to go to the next step. He noted that he was not prepared to commit to an unseen contract. Ms. Timpone Mohamed noted that typically the larger the project cost, the lower the percentage charged. Mr. Bradbury attempted to clarify. He noted that the budget for schematic design was set. Trustee Santon noted that $15,750.00 has already been spent. Now that the Village is at the construction document phase, additional funds need to be allocated. He asked that the amount be set at $5,000.00. Trustee Buzin agreed with Trustee Santon. He felt that it would be proper to set the amount at an additional $5,000.00. Mr. Beane noted that the resolution must be specific. Trustees Santon questioned whether or onto the schematic design would fit on the actual surveyed land. He noted that there were currently no dimensions on the plan. Trustee Harris also felt that a payment of $5000 should be approved, and the Board should specify the exact information that is expected for that fee—ignoring the letter submitted by The Thomas Group that locks the Village in for+/-6%. He noted that he wanted to move the matter forward so as not to lose another two weeks. Trustee Santon made a motion to amend the resolution Santon, which was seconded by Trustee Buzin. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury read the resolution, as amended: Board of Trustees Meeting September 28,2004 Page 18 RESOLUTION AUTHORIZING ADDITIONAL FUNDS TO THE THOMAS GROUP FOR THE KING STREET ATHLETIC FIELDS RESOLVED, that the Board of Trustees hereby authorizes up to a maximum of$5,000 for additional architectural services with The Thomas Group for the King Street Athletic Fields project. The roll was called on the amended resolution: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FOR ENGINEERING SERVICES REGARDING THE KING STREET BALL FIELDS AND DETENTION BASIN Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FOR ENGINEERING SERVICES REGARDING THE KING STREET ATHLETIC FIELDS AND DETENTION BASIN WHEREAS, the Village of Rye Brook has designated Dolph Rotfeld Engineering, P.C. by Dolph Rotfeld as the Village's engineering consultant; and WHEREAS, Dolph Rotfeld Engineering, P.C. by Dolph Rotfeld has previously prepared a study of the eastern branch of the Blind Brook resulting in a recommended project for a detention basin at the former compost site on King Street,where Athletic fields are also proposed; and WHEREAS, the Village has solicited a proposal for additional engineering services necessary for the planning and construction of the King Street Athletic fields and detention basin; and Board of Trustees Meeting September 28,2004 Page 19 WHEREAS, Dolph Rotfeld Engineering, P.C. by Dolph Rotfeld has submitted a proposal, dated September 23, 2004, to perform certain engineering and inspection services. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby authorizes the Mayor to accept the engineering services proposal, Item number one, outlined in the letter from Dolph Rotfeld Engineering, P.C. by Dolph Rotfeld dated September 23, 2004. Trustee Santon noted that there were two projects being proposed for the same parcel of Village land — the Athletic Field project and the Storm Water Management project. He felt that it was very important that the detention basins that were proposed over two years ago be constructed. He felt that an underground detention basin would not work as well as a surface level basin. In addition an underground detention basin would double the cost. No topographical survey has yet been commissioned. He felt that the Village was biting off more than they wanted with this resolution. Knowing how Mr. Rotfeld, and his firm bills, he felt that the potential of$133,000 for inspection fees was too high. He asked that the amount be capped—but not at a high amount. Mr. Bradbury amended the resolution, and the roll was called on the amendments: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mr. Keith Rang read the roll on the adoption of the resolution, as amended: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 5) ELECTING PARTICIPATION IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM Board of Trustees Meeting September 28,2004 Page 20 Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION ELECTING PARTICIPATION IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHEREAS, the Village Board of Trustees elects to offer the New York State Health Insurance Program to employees and retirees of the Village of Rye Brook; and WHEREAS, by local option, the Village Board of Trustees elects not to include the individual Village Board members as eligible for participation in this program. NOW,THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook of the State of New York elects to participate as a participating employer in the New York State Health Insurance Program and to include in such plan its eligible officers and employees and to include in such plan its eligible retired officers and employees, subject to and in accordance with the provisions of Article XI of the Civil Service Law and the Regulations governing the New York State Health Insurance Program as presently existing or hereafter amended, together with such provisions of the insurance contracts as may be approved by the President of the Civil Service Commission and any administrative rule or directive governing this plan. Mr. Bradbury noted that basically the Village was leaving one plan and going to another plan. Trustee Feinstein noted that Health Insurance does not pertain to the Trustees, as elected officials. The resolution was amended to reflect this. Mr. Rang read the roll on the resolution, as amended: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting September 28,2004 Page 21 6) AUTHORIZING THE APPLICATION TO NEW YORK STATE TO INSTALL, OPERATE AND MAINTAIN TRAFFIC SIGNAL PREEMPTION EQUIPMENT FOR THE FIREHOUSE Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, seconded by Trustee Santon, the resolution was adopted. RESOLUTION AUTHORIZING THE APPLICATION TO NEW YORK STATE TO INSTALL, OPERATE,AND MAINTAIN TRAFFIC SIGNAL PREEMPTION EQUIPMENT FOR THE RYE BROOK FIREHOUSE WHEREAS, the traffic signal in front of the recently constructed Rye Brook Firehouse at 940 King Street has been installed in coordination with New York State; and WHEREAS, New York State requires that the Village have a formal application to operate and maintain the traffic signal preemptor equipment for this signal, which is intended for use by emergency vehicles for emergency operations only. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby authorizes the Mayor to sign the formal application to New York State to install, operate and maintain traffic signal preemption equipment for the signal in front of the Rye Brook Firehouse at 940 King Street. Mr. Bradbury noted that this is the button that stops the signal. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 7) APPOINTMENT OF OFFICE ASSISTANT—FINANCIAL SUPPORT Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting September 28,2004 Page 22 RESOLUTION APPOINTMENT OF OFFICE ASSISTANT—FINANCIAL SUPPORT RESOLVED, that Shari A. Melillo, of 93 Perry Avenue, Port Chester, New York, is hereby appointed to the position of Office Assistant — Financial Support with the Village of Rye Brook, subject to the Civil service procedures of the State of New York; and BE IT FURTHER RESOLVED, that the annual salary for the position is $34,391 with an effective start date of September 29, 204, and a probationary period of 52 (fifty-two) weeks. Mr. Bradbury noted that Ms. Melillo works in the Treasurer's office and was a provisional employee. Now that she has taken and past the Civil Service Examine she is reachable and will begin her probationary period. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that several ongoing projects within the Village had been touched upon earlier in the meeting: The King Street Athletic Fields and the Detention Basins. Now it is time to move ahead. He stated that the Board of Trustees was the Lead Agency for the King Street Athletic Fields project. Mr. Bradbury noted that the King Steering Committee had a meeting scheduled for September 290i at 8:00 p.m. Various alternatives would be discussed. At a previous meeting, Mr. Bradbury was directed to obtain additional information from the Port Chester Library. This additional information has been received. Trustee Feinstein noted that the Blind Brook Board of Education had introduced tentative plans for expansion of the school. On October 14, 2004 the Board of Education will deal with the conveyance of land from the school to the Village for the King Street Athletic Fields Project. October 140i is a pivotal day for the Blind Brook School District. Board of Trustees Meeting September 28,2004 Page 23 Mayor Rand noted that there were several discussion items. He also noted that an Executive Session was scheduled, and reminded the Board of the hour. DISCUSSION ITEM: UPDATE ON VARIOUS RED ROOF FARM SUBDIVISION RELATED MATTERS: Trustee Santon noted that he wanted to keep these topics alive. He stated that the street trees were scheduled to be planted. Residents have also pointed out that there are additional obligations that the developer has not met. Fall is upon us and Trustee Santon wanted to be sure that the street trees would be planted before the end of this planting season. He also noted that Landscape Plan and Limits of Non-Disturbance Plans have been reviewed, trees that were identified are missing, and one year later these trees have not been replanted. Trustee Buzin felt that this would be a good time to request an update. Mr. Beane noted that as of last week, Mr. Carosi sent a letter to the developer which instructed him to have the trees delivered or the Mayor and/or the Village would order the trees. There are now $15,000 in bonds that can be collected for the trees. Mayor Rand noted that there has been a breach of contract— and a breach of trust. The Village must now do whatever it can to make sure that this developer lives up to the commitments made to the Village and the residents. He noted that this matter was discussed during an Executive Session. He instructed Mr. Carosi to do whatever the Village needed to do in order to have the trees planted during this planting season. Mr. Beane noted that this matter would need to be discussed further in the Executive Session. Trustee Harris questioned what would happen if Village funds were used to purchase the trees and the bond was pulled, what would happen for maintenance? Mr. Beane noted that the maintenance bond that has certain value attributed to specific things. He noted that the $15,000.00 was more than enough to pay for the trees. Mr. Barry Cohen of Red Roof Farm addressed the Board. He noted that in addition to the street trees the matter of screening trees also needed to be address. He pointed out that additional work may be necessary because of the construction of some retaining walls. All homeowners are willing to cooperate. It was also noted that the sidewalks on Ridge Street was now an issue that was six years old. The sidewalks need to be improved, using the developers' funds. The storm water runoff problem has been greatly improved. Mr. Bradbury noted that the Village was working on this project. Bids for asphalt sidewalks were now out. The County will be also working on the rest of Ridge Street. This is in the works—but will not happen this year. Board of Trustees Meeting September 28,2004 Page 24 FOLLOW-UP ON NOVEMBER 7, 2002 DRE "STORM WATER ANALYSIS, EAST BRANCH BLIND BROOK" REPORT. Trustee Santon noted that it has been two years since this report was issued. There were a number of suggestions. A variety of residents have been adversely impacted. A grant was received for two storm water detention basins. One proposal was for a detention basin to be located at the end of Edgewater. The second detention basin is proposed for the Village owned property (the former compost site). The Village should start moving on these projects. It was his hope that these projects would go into the design stage. He asked that Mr. Bradbury please report on the terms of the grants that have been received —how does the Village have to begin the project before the Village loses the grants? Mr. Bradbury stated that he would research this matter. Mr. Bradbury noted that Village has applied for and received two grants. Both were received. Trustee Santon asked that the Village move forward with these projects. Trustee Santon noted that Hidden Falls' Pond— original known as Price's Pond —which is privately owned property has received a lot of siltation from upstream. He asked if grant money was available for this project. Mr. Bradbury responded that grants for dredging projects were difficult to obtain. Trustee Santon noted that a lack of storm water quality control upstream exacerbated the condition of the pond— specifically from Red Roof Farm. He felt that it was time to go after the developer of Red Roof Farm, and hold them responsible for the condition of the pond. The Village needs to step up and discuss this matter with the residents of Hidden Falls in order to explore what it would take to clean up this pond. Mr. Jim Fishbein and Mr. Bob Daphine of Hidden Falls addressed the Board. Mr. Fishbein noted that he views the pond every day. He felt that all options should be considered, and noted that case law talks about the liability of upstream contributors. It was also noted that this problem transcends what the residents of Hidden Falls should carry on their shoulders. The Board of Hidden Falls needs to meet with the Board of Trustees to discuss this matter further. What Red Roof Farm has done to this pond is criminal. Mr. Bradbury noted that no funds are allocated for this project. Mayor Rand stated that the Village would review this matter. VARIOUS ROADWAY/SIDEWALK PROJECTS: ACKNOWLEDGEMENT OF BEECHWOOD BOULEVARD PAVING. Trustee Santon acknowledged the recent unexpected pavement of Beechwood Boulevard. An error made by the contractor hired by Port Chester. He felt that the Village of Rye Brook should do the honorable thing, and reimburse the contractor for material. The Board of Trustees Meeting September 28,2004 Page 25 Board agreed. Mayor Rand stated that it was Rye Brook's intention to treat its vendors honorably, and Mr. Bradbury was already reviewing the cost of the materials used. Mayor Rand noted that the Board is contemplating a policy decision on sidewalks within the Village. Information from other communities has been reviewed, and Mr. Carosi is putting together a list of sidewalks that are in need of repair. UPDATE ON SIGNS THROUGHOUT THE VILLAGE. Trustee Feinstein asked for an update on this matter. The Board of Trustees has discussed publicly that the Police Department would remove signs. Mr. Bradbury requested another few weeks to review this matter. Trustee Feinstein noted that the sign ordinance will be enforced. Fair notice has been given. DISCUSSION OF THE COMMUNITY COALITION. Trustee Feinstein noted that in May she attended a meeting with the Blind Brook School. This project started out as a PTA project in the Blind Brook School system. The Committee consists of representatives of the PTA Administration, a police officer, student leader, and school psychologist. The Committee now considers this to be a community issue for Rye Brook. They are dealing with the issues of drug and substance abuse. She requested that a dialogue be opened with the Board of Trustees, and both school districts. Trustee Feinstein also suggested that Trustee Buzin who is the liaison for the Port Chester School District speak with the Board of Education to discuss this project. She also suggested that a member of the Board of Trustees be appointed as a participant to the Committee. Mayor Rand noted that the next Board of Trustee meetings were scheduled for October 12, 2004 and October 26, 2004. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the meeting was adjourned. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting September 28,2004 Page 26