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HomeMy WebLinkAbout2004-10-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 26,2004--7:30 P.M EXECUTIVE SESSION 6:30: Litigation ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a Local Law amending Chapter 235 to add definitions, designate additional species of Trees to protect, and to create Tree Removal Appeals Board and Beautification Committee. 2) 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. 3) Consideration of a local law to amend the Village Code to regulate the Expiration of Building Permits. RESOLUTIONS: 1) Closing the Public Hearing on the Draft Environmental Impact Statement prepared by K&M Realty Group, LTD. and directing the applicant to prepare a Final Environmental Impact Statement. 2) Setting a Public Hearing date for a local law amending Section 250-2.0 of the Code of the Village of Rye Brook regarding the definition of Height/Setback Ratio. 3) Authorizing Frederick P. Clark Associates, Inc. to proceed with a Traffic Impact Analysis for proposed King Street Athletic Fields. 4) Authorizing the Mayor to request a Smart Review for the NYS Comptrollers Office. 5) Appointing of Police Officer. Board of Trustees October 26,2004 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: • DISCUSSION: Update on various Red Roof Farm Subdivision related matters • DISCUSSION: Follow-up on various utility easement matters • DISCUSSION: Open land use matters including (a) additional Scenic Road Overlay Districts, (b) Recreation Zone Legislation, (c) identification of the "Official Map," (d) update of Rye Brook zoning map, (e) the implementation of GIS in Rye Brook. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: November 9,2004 and November 23,2004 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Keith E. Rang,Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi,Village Engineer Marilyn Timpone-Mohamed, Village Consultant Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio,Meeting Secretary Mayor Rand welcomed everyone to the October 26, 2004 Board of Trustee Meeting. He reviewed the agenda, and requested that a matter be taken out of order, with the permission of the Board. Board of Trustees October 26,2004 Page 2 5. APPOINTING OF POLICE OFFICER Mayor Rand read the resolution. On a motion made by Trustee Dean Santon, and seconded by Trustee Robert Harris, the resolution was adopted. RESOLUTION APPOINTING OF POLICE OFFICER RESOLVED, that Ryan P. Gilchrist, of 294 Allview Avenue, Brewster, New York is hereby appointed to the position of Police Officer 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 $37,154 with an effective start date of November 8, 2004 and a probationary period of 78 weeks. Mr. Bradbury noted that Mr. Gilchrist worked for the Town of Carmel, and most recently worked with the New York Police Department — he comes highly recommended. Officer Gilchrist thanked the Mayor, Board and Administration for this opportunity. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand returned to the agenda, and called for the first item under public hearings. PUBLIC HEARING: 1) CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 235 TO ADD DEFINITIONS, DESIGNATE ADDITIONAL SPECIES OF TREES TO PROTECT, AND TO CREATE TREE REMOVAL APPEALS BOARD AND BEAUTIFICATION COMMITTEE Mayor Rand declared the pubic hearing open at 7:39 p.m. Trustee Joan Feinstein opened the discussion by noting that many of the definitions in this section have been amended. She requested the reasoning behind the addition of the definition for clear cutting. Ms. Marilyn Timpone- Mohamed, Village Consultant, responded that the definition was part of the extensive renovations of the Chapter. In addition, there is also a reference to clear Board of Trustees October 26,2004 Page 3 cutting in the Wetland's Chapter. This has to do with the clearing of trees on a property that is more than just maintenance. Mayor Rand called for members of the public wishing to address this matter. There being no one, he turned to the Board for additional comments or a motion to close the public hearing. On a motion made by Trustee Richard Buzin, and seconded by Trustee Joan Feinstein, the public hearing was closed at 7:45 p.m. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 2. 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 2112 Mayor Rand declared the public hearing open. Mr. Bradbury noted that correspondence had been received from a number of people during this portion of the public comment period, which ends on Friday, October 29, 2004. It was noted that the matter was referred to Westchester County Department Planning but, to-date, no response had been received. Soil and Water Conservation fits in this project, and the Village is looking to Westchester County for input. Ms. Timpone Mohamed noted that all responses should be made during the pubic comment period, however, if information that is brought forth that is substantive, the time period can be expanded. Mr. Bradbury stated that he had tried to reach the County several times without success. This is a very cooperative department, willing to help, and he suggested waiting for their response. Trustee Santon hoped that the Village would be able to get Westchester County to focus on this project because their input is relevant. Jim Ryan, John Myer Consulting, addressed the Board. He reminded the Board that Westchester County had reviewed this project twice; once in 1996 and 1998. Adam Wekstein, Esq., Counsel for the applicant, addressed the Board. He reviewed the SEQRA regulations and requested that, in accordance with the regulations, the matter move forward. Board of Trustees October 26,2004 Page 4 Glen Wilson, property manager of the Rye Ridge Shopping Center, addressed the Board. He noted that Rye Ridge Shopping Center is an active center, with traffic from early in the morning to late in the evening. He expressed his concern of the proximity of the proposed housing to the shopping, and the regular activities of the center. Mr. Ken Heller, of Lincoln Avenue, addressed the Board. He asked that the Department of Army Engineers be brought on board. This property is located in a flood plain, and this must be taken into consideration. Trustee Santon noted that the position of the Army Corps of Engineers has changed in recent years with regard to their purview as they have abandoned a lot of their former oversight. Mr. Bradbury recommended that the public hearing be closed, but the public comment period be kept open, for all parties. 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 HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 1) CLOSING THE PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY K&M REALTY GROUP, LTD. AND DIRECTING THE APPLICANT TO PREPARE A FINAL ENVIRONMENTAL IMPACT STATEMENT Mr. Bradbury read the resolution. RESOLUTION CLOSING THE PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY K&M REALTY GROUP,LTD. AND DIRECTING THE APPLICANT TO PREPARE A FINAL ENVIRONMENTAL IMPACT STATEMENT WHEREAS, a duly noticed public hearing was continued at a meeting of the Board of Trustees of the Village of Rye Brook on October 26, 2004, at which time all those wishing to be heard were given the opportunity to present comments on the Draft Environmental Impact Statement ("DEIS") prepared by Board of Trustees October 26,2004 Page 5 K&M Realty Group, Ltd. (the "Applicant") in connection with its application for Site Plan Approval, a Wetlands Permit and a Steep Slopes Permit and the hearing was closed on October 26, 2004. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby directs that the written comment period shall be extended until the close of Village business on Tuesday, November 30, 2004, and thereafter the Applicant is to prepare a Final Environmental Impact Statement ("FEIS") in connection with the proposed project. The resolution was revised to reflect that the written comment period was extended to November 30, 2004. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted as amended. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERATION OF A LOCAL LAW TO AMEND THE VILLAGE CODE TO REGULATE THE EXPIRATION OF BUILDING PERMITS Mayor Rand declared the public hearing open. Mr. Bradbury noted that this was a continuation of a public hearing. Trustee Feinstein began the discussion of the status of open building permits, and setting expiration dates for these open permits. She noted that the revisions to the local law will clarify that a building permit is good for 18 months, provided that construction has commenced. She questioned how the Village would notify building permit holders that are open now that there is a window where these permits will expire. Edward Beane, Esq., Village Counsel, responded that special notice was not required, however, the Village could, on a voluntary basis, notify every open building permit holder, that the Village is aware of, of the change in the Village's Code. Mayor Rand directed the Building Department to try and ascertain how many open building permits there were. The Board discussed the definition of significant construction, and the importance of clearly defining this action. It was noted that when granting a variance the Zoning Board of Appeals states that a condition of approval is that construction will commence within one year of the granting of the variance. Mr. Beane noted that this matter required additional review. Board of Trustees October 26,2004 Page 6 On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the pubic hearing was closed at 8:20 p.m. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 2) SETTING A PUBLIC HEARING DATE FOR A LOCAL LAW AMENDING SECTION 250-2.0 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITION OF HEIGHT/SETBACK RATIO Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING DATE FOR A LOCAL LAW AMENDING SECTION 250-2.0 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITION OF HEIGHT/SETBACK RATIO WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Section 250-2.0 of the Village Code to clarify the method of calculation of required setbacks and building heights using height/setback ratios for residential zoning districts; and WHEREAS, the Board of Trustees referred the proposed local law to the Planning Board on August 10, 2004; and WHEREAS, the Planning Board discussed the local law at public meetings on September 9 and October 14, 2004 at which time members of the public were given opportunity to comment and members of the Planning Board directed the village consultant to make revisions and modifications; and WHEREAS, on October 14, 2004 the Planning Board adopted a resolution by a vote of 7-0, recommending approval of the proposed law amending Chapter 250-2.0 of the Village Code to clarify the method of 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 shall hold a Public Hearing on November 9, 2004 at 7:30 p.m. at Village Hall, Board of Trustees October 26,2004 Page 7 Rye Brook, New York to consider the proposed local law amending Chapter 250- 2.0 of the Village Code to clarify the method of calculation of required setbacks and building heights using height/setback ratios for residential zoning districts. Ms. Timpone-Mohamed reviewed the changes made to the original Local Law by the Planning Board. There were concerns about the use of the word "average grade" and it was changed to "mean level." The two definitions are used interchangeably in the Code—and mean the same thing. The Board of Trustees briefly discussed clarity of the changes made to this Local Law. The objective was to ensure that anyone reading the Code could determine what "mean level" and "average grade" meant. This matter would be further discussed at the public hearing. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) AUTHORIZING FREDERICK P. CLARK ASSOCIATES, INC. TO PROCEED WITH A TRAFFIC IMPACT ANALYSIS FOR PROPOSED KING STREET ATHLETIC FIELDS Mr. Bradbury read the resolution. On a motion made by Trustee Robert Harris, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION AUTHORIZING FREDERICK P. CLARK ASSOCIATES,INC. TO PROCEED WITH A TRAFFIC IMPACT AND ACCESS ANALYSIS FOR PROPOSED KING STREET ATHLETIC FIELDS WHEREAS, the Village of Rye Brook proposes to construct new athletic fields on a parcel of land located on the west side of King Street approximately 200 feet south of the intersection of King Street and Glenville Road; and WHEREAS, the Village requested a proposal for a traffic impact and access analysis necessary for the planning and construction of the new King Street athletic fields; and WHEREAS, Frederick P. Clark Associates, Inc., submitted a proposal dated October 13, 2004 to conduct a traffic impact and access analysis for an estimated cost not to exceed $7,000 plus a maximum of$800 of expenses and the cost of field surveys not to exceed $2,000. Board of Trustees October 26,2004 Page 8 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes Frederick P. Clark Associates, Inc. to proceed with the scope of work for a traffic impact and access analysis for the proposed King Street athletic fields outlined in their proposal to the Village Administrator dated October 13, 2004; and Mr. Bradbury began the discussion by giving the Board an update on the King Street Athletic Fields project. He pointed out that F.P. Clark Associates had done prior studies on King Street, and some information is available. Michael Gallante, of F.P. Clark Associates, put together the proposal, which is the next step in this project. Trustee Feinstein asked that Saturday hours for use of the fields should also be reviewed as part of this traffic study. It was noted that the Arbors Homeowners and the Blind Brook School District have approved their respective sale of land parcels to the Village. In addition, several meetings with County officials have been scheduled regarding the Legacy Grant. Mayor Rand called for members of the public wishing to address this matter. There was no one. He asked that Mr. Rang call the roll. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) AUTHORIZING THE MAYOR TO REQUEST A SMART REVIEW FOR THE NYS COMPTROLLERS OFFICE Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION AUTHORIZING THE MAYOR TO REQUEST A SMART REVIEW FROM THE NYS COMPTROLLERS OFFICE WHEREAS, the Village of Rye Brook Village Board and Village staff are interested in receiving recommendations from the NYS Comptroller's office under the State Comptroller's Municipal Advisory Review Teams (SMART) Program, which is offered to local governments on a voluntary basis at no charge upon request by the municipality; and Board of Trustees October 26,2004 Page 9 WHEREAS, the NYS Comptroller's office has several specific program areas to choose from in these SMART reviews, with the goal of making recommendations so that local officials can consider ways to enhance revenues other than real property taxes, and contain or reduce expenditures; and WHEREAS, the Rye Brook Finance Committee has met to discuss this matter and is supportive of making this request to seek the advise and recommendations of the NYS Comptroller's office in certain program areas. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to request from the NYS Comptroller's office a SMART Review in the following program areas of financial administration: 1) Cash Management. 2) User Fees. 3) Fund balance policy. AND BE IT FURTHER RESOLVED, that this correspondence to the NYS Comptroller's office will include a request for to perform these services after January 1, 2005. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury requested that an additional resolution be added to the agenda. The Board agreed, and Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A PROPOSED LOCAL LAW RELATING TO THE VOLUNTARY TERMINATION OF THE VILLAGE OF RYE BROOK'S STATUS AS AN ASSESSING UNIT FOR REAL PROPERTY TAX PURPOSES BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on November 9 2004 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law relating to the voluntary termination of the Village of Rye Brook's status as an assessing unit for Village real property tax purposes. Board of Trustees October 26,2004 Page 10 On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. It was noted that at this time the Village is looking at assessment options, as well as reviewing Homestead. 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 the Senior Citizen Coordinator, Jean Gesoff, received a commendation from the Port Chester/Rye Brook Chamber of Commerce, and the Village is very proud of her. Mayor Rand thanked Ms. Gesoff for all of her hard work. Mayor Rand called for the first matter under Discussion Items: DISCUSSION ITEMS: • DISCUSSION: UPDATE ON VARIOUS RED ROOF FARM SUBDIVISION RELATED MATTERS Trustee Santon noted that the purpose of addressing this matter as a discussion item was to keep it alive, and to allow the Village's Administrator an opportunity to update the Board on this matter. Mr. Bradbury noted that the street trees were ordered, have arrived, and are ready to be planted. This work will start next week. In order to recover the funds from the developer, a meeting has been scheduled for Wednesday, October 27, 2004 at 4:00 p.m. Mr. Beane noted that this matter is in litigation, and certain aspects can only be discussed in an Executive Session. He noted, however, that there is a maintenance bond,which includes trees. Trustee Santon asked that the issue of individual homeowners constructing retaining walls be discussed. Mr. Beane noted that everything in the stipulation has been addressed, with the exception of one property. Mr. Victor Carosi, Village Engineer, noted that engineering work has been completed. There were three lots that were of concern. These homeowners, whose rear yards are a steep slope, have requested approval to construct retaining walls and to level the property. The piping which was installed allows the residents to do this work. Board of Trustees October 26,2004 Page 11 The infrastructure will be incorporated, and this construction will be overseen by engineers. There is an easement that will be utilized in order to tie into this infrastructure. • DISCUSSION: FOLLOW-UP ON VARIOUS UTILITY EASEMENT MATTERS Mr. Brabury noted that this has been a very difficult process. There have been several meetings held with Verizon, and many improvements have been made. At this time the landscaping for West Ridge Street is being reviewed. Mr. Donald Cassone noted that he lives across from Verizon's boxes on West Ridge Street. He asked that Verizon be instructed to remove the boxes because they pose a safety hazard. He explained that Verizon's trucks are parked in this area for hours at a time. They park incorrectly, block the line of site, and are too close to the intersection, thus they pose a danger. He expressed his opinion that these boxes should be moved to a safer location. Mr. Bradbury noted that Verizon is a public utility. He turned to Mr. Beane for his input. Mr. Beane noted that the Village cannot regulate Verizon. It is a public utility, and as a public utility they have a special status under the law as to where they can put their equipment. These boxes exist; and the Village is trying to work with Verizon. Although a request to have these boxes moved has been made, if Verizon shows that they need those boxes, and need them in that area, then nothing can be done. Discussions regarding landscaping are now in progress. Trustee Santon asked that Con Edison be contacted regarding work on Lincoln Avenue. He received information, and has viewed the site, of a gas transmission line in Harrison that is suspended across the Blind Brook. This is a hazardous hook-up. The Village of Rye Brook has easement rights, and the location where the pipe goes across the Brook is within the Village's easement. Mr. Bradbury was directed to review this matter. • DISCUSSION: OPEN LAND USE MATTERS INCLUDING (A) ADDITIONAL SCENIC ROAD OVERLAY DISTRICTS, (B) RECREATION ZONE LEGISLATION, (C) IDENTIFICATION OF THE "OFFICIAL MAP", (D) UPDATE OF RYE BROOK ZONING MAP, (E) THE IMPLEMENTATION OF GIS IN RYE BROOK. Trustee Santon proposed additional language for the Scenic Road Overlay District portion of the Code. It was noted that Recreation Zone Legislation is still open and needs to be addressed. There are several large parcels within the Village that are worthy of study; and that need to be protected. This matter was directed to Ms. Timpone Mohamed for further review. Board of Trustees October 26,2004 Page 12 Trustee Santon noted that the Village must identify an Official Map for the Village of Rye Brook. Although Rye Brook does have a Zoning Map, it is not the "official map." The intention of the Zoning Map is to identify the areas of various zones and not the lots themselves (where the zones begin and end). It was noted that this map will need to be updated because of the new Scenic Roads Overlay District. Trustee Santon also noted that Rye Brook kicked in funds for a low fly-by in connection with the County's GIS system. He felt that the Village should become a little more high tech and implement a GIS system of its own. This system would be of help to the Building Department. Mr. Bradbury noted that this is a very big project. The County has just started its work, and it will be trying to implement GIS. Rye Brook will benefit from this system, once completed. Mayor Rand called for members of the public wishing to address the Board. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked that the Board allow trash pick- up to be put out early so that it can be done in daylight. He noted that putting trash out after 6:00 p.m. during the winter months was very difficult for the senior citizens. Mayor Rand noted that this matter was addressed at a previous meeting, however, the consensus of the Board was to not amend the Village's Code. Mayor Rand asked that the Board reconsider this matter. There being no further business before the Board, the meeting was adjourned at 9:34 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees October 26,2004 Page 13