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HomeMy WebLinkAbout2004-11-23 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,NOVEMBER 23,2004-7:30 P.M EXECUTIVE SESSION 6:15 P.M.: Litigation, Personnel, and Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE COMMENDATION: Police Chief Robert Santoro PUBLIC HEARINGS: 1) Consideration of a local law relating to the voluntary termination of the Village of Rye Brook's status as an assessing unit for real property tax purposes. RESOLUTIONS: 1) Resolution considering approval of a local law relating to the voluntary termination of the Village of Rye Brook's status as an assessing unit for real property tax purposes. 2) Resolution considering approval of an Inter-municipal Agreement (IMA) by and among the Town of Rye, the Village of Port Chester, and the Village of Rye Brook relative to the Town of Rye Board of Assessment Review (BAR). 3) Setting a Public Hearing on a local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding fences, landscape walls and retaining walls, in conjunction with proposed amendments to Chapter 209 regarding site plan review. 4) Setting a Public Hearing on a local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding definitions and other requirements of the Zoning Chapter, in conjunction with proposed amendments to Chapter 250 regarding site plan review. 5) Setting a Public Hearing on a local law to amend Chapter 209 of the Code of the Village of Rye Brook regarding site plan review. 6) Setting a Public Hearing on a local law to amend Chapters 78 and 170 of the Village Code regarding the use of Rye Hills Park for dog walking. Board of Trustees Meeting November 23, 2004 Page 1 7) Setting a Public Hearing date to amend a local law to allow no parking on West Ridge Drive from Ridge Street to Old Orchard Road. 8) Accepting the Westchester County Inter-Municipal Agreement regarding mutual aid and rapid response plan for the Police Department of Westchester County. 9) Approval of Meeting Minutes: October 26, 2004; October 12, 2004; September 28; September 14, 2004; August 10, 2004; July 13, 2004. ADMINISTRATOR'S REPORT: OLD BUSINESS: • Report on Garden Inn FEIS by Planning Consultant. NEW BUSINESS DISCUSSION ITEM: • Various land use and public safety issues relating to the Ridge Street Country School property at 431 No. Ridge Street. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: December 14, 2004 and December 28, 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 Theodore Sabato, Police Lieutenant Fred Seifert, Public Access Coordinator Board of Trustees Meeting November 23, 2004 Page 2 Mayor Lawrence Rand began the November 23, 2004 Regular Board of Trustees meeting with the Pledge of Allegiance, led by Chief Robert Santoro. Mayor Rand noted that prior to the meeting Police Chief Robert Santoro was presented with a commendation in recognition of 32 years of dedicated service to the Village of Rye Brook. Chief Santoro thanked everyone, noting that he enjoyed his career, and that he would remain a resident of Rye Brook and available to help as needed. Mayor Rand called for the first item on the agenda: PUBLIC HEARINGS: 1) CONSIDERATION OF A LOCAL LAW RELATING TO THE VOLUNTARY TERMINATION OF THE VILLAGE OF RYE BROOK'S STATUS AS AN ASSESSING UNIT FOR REAL PROPERTY TAX PURPOSES. Mr. Christopher Bradbury, Village Administrator, noted that this was a continuation of a pubic hearing on this Local Law. This proposed Local Law would terminate the Village as a separate assessing unit. Currently the Town provides assessment services, and that would continue. The Town's new assessment numbers and figures will be used. Mayor Rand called for comments from members of the Board and members of the pubic. There were no comments, therefore 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. Mr. Keith Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 23, 2004 Page 3 Mayor Rand called for the resolution. RESOLUTIONS: 1) RESOLUTION CONSIDERING APPROVAL OF A LOCAL LAW RELATING TO THE VOLUNTARY TERNIINATION OF THE VILLAGE OF RYE BROOK'S STATUS AS AN ASSESSING UNIT FOR REAL PROPERTY TAX PURPOSES. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION CONSIDERING APPROVAL OF A LOCAL LAW RELATING TO THE VOLUNTARY TERNIINATION OF THE VILLAGE OF RYE BROOK'S STATUS AS AN ASSESSING UNIT FOR REAL PROPERTY TAX PURPOSES WHEREAS, the Board of Trustees has held two public hearings on November 9 and November 23, 2004, and considered public comments on 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. WHEREAS, the Board of Trustees has determined that adoption of such local law is in the best interests of the Village; NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law, which shall be enacted into law as Local Law #21-2004; and BE IT FURTHER RESOLVED, that the Mayor and 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 HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 23, 2004 Page 4 2) RESOLUTION CONSIDERING APPROVAL OF AN INTER-MUNICIPAL AGREEMENT (IMA) BY AND AMONG THE TOWN OF RYE, THE VILLAGE OF PORT CHESTER, AND THE VILLAGE OF RYE BROOK RELATIVE TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW(BAR). Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION RESOLUTION CONSIDERING APPROVAL OF AN INTER-MUNICIPAL AGREEMENT (IMA) BY AND AMONG THE TOWN OF RYE,THE VILLAGE OF PORT CHESTER,AND THE VILLAGE OF RYE BROOK RELATIVE TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW (BAR). WHEREAS, the Board of Trustees has adopted Local Law #21-2004 relating to the voluntary termination of the Village of Rye Brook's status as an assessing unit for real property tax purposes; and WHEREAS, the Board of Trustees of the Village of Rye Brook wants to ensure that the Town of Rye Board of Assessment Review members remain representative of the community to act in the best interests of the residents of Rye Brook; and WHEREAS, officials of the Town of Rye and the Villages of Rye Brook and Port Chester has drafted an Inter-Municipal Agreement (IMA) seeking representation on the Town Board of Assessment Review (BAR) for each of the involves municipalities. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves this Inter-Municipal Agreement (IMA) by and among the Town of Rye, the Village of Port Chester, and the Village of Rye Brook, relative to the Town of Rye Board of Assessment Review; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign the IMA on behalf of the Village of Rye Brook. Mayor Rand noted that the Village wanted to be sure that the residents have excellent representation on the Board of Assessment Review. The Village of Rye Brook, the Village of Port Chester, and the Town of Rye worked over a number of weeks, discussing this IMA, and strict membership criteria was set forth. This Board of Trustees Meeting November 23, 2004 Page 5 resolution is actually linked to the prior resolution. The Village does not give up assessing rights lightly, however, it is important to note that the Village would incur very steep costs in maintaining its own assessing functions. This resolution will give the Village the kind of protection that the Board of Trustees wants for the residents. The roll was called: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING FENCES, LANDSCAPE WALLS AND RETAINING WALLS, IN CONJUNCTION WITH PROPOSED AMENDMENTS TO CHAPTER 209 REGARDING SITE PLAN REVIEW. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION SETTING A DATE FOR A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE REGARDING FENCES,LANDSCAPE WALLS AND RETAINING WALLS WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Chapter 209 of the Code to incorporate additional land use activities that will require site plan review and to revise its site plan checklist; and WHEREAS, the proposed local law was redrafted to include separate amendments to Chapter 250 regulating fences, landscape walls and retaining walls by virtue of the fact that certain fences and walls will be subject to site plan review under proposed amendments to Chapter 209 regarding site plan review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on December 14, 2004 at 7:30 P.M., at the Village Hall, 938 King Street, Rye Brook, New York to consider Board of Trustees Meeting November 23, 2004 Page 6 a local law amending Chapter 250 of the Village Code regarding fences, landscape walls and retaining walls in conjunction with proposed amendments to Chapter 209 regarding site plan review. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING DEFINITIONS AND OTHER REQUIREMENTS OF THE ZONING CHAPTER, IN CONJUNCTION WITH PROPOSED AMENDMENTS TO CHAPTER 209 REGARDING SITE PLAN REVIEW. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Chapter 209 of the Code to incorporate additional land use activities that will require site plan review and to revise its site plan checklist; and WHEREAS, the proposed local law was redrafted to include separate amendments to Chapter 250 to address some of the definitions and other criteria that will be affected by the proposed amendments to Chapter 209 regarding site plan review. NOW,THEREFORE,BE IT RESOLVED that the Board of Trustees shall hold a Public Hearing on December 14, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding definitions and other requirements of the Zoning Chapter in conjunction with proposed amendments to Chapter 209 regarding site plan review. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 23, 2004 Page 7 5) SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 209 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SITE PLAN REVIEW. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Chapter 209 of the Code to incorporate additional land use activities that will require site plan review and to revise its site plan checklist; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on December 14, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending Chapter 209 of the Code of the Village of Rye Brook regarding site plan review. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 6) SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTERS 78 AND 170 OF THE VILLAGE CODE REGARDING THE USE OF RYE HILLS PARK FOR DOG WALKING. Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Harris, the resolution was opened for discussion. RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTERS 78 AND 170 OF THE VILLAGE CODE REGARDING THE USE OF RYE HILLS PARK FOR DOG WALKING WHEREAS, the Board of Trustees is considering a local law to amend Chapters 78 and 170 of the Village Code regarding the use of Rye Hills Park for dog walking. Board of Trustees Meeting November 23, 2004 Page 8 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on December 14th, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending Chapters 78 and 170 of the Village Code regarding the use of Rye Hills Park for dog walking. Trustee Harris requested clarification of where this matter stood. He noted that currently although unleashed dogs are not allowed in Village parks, this law is not enforced. He felt that this amendment to the local law would reduce the ability of a dog walker to bring their dogs to Village parks. Mayor Rand read from a draft of the Recreation Council's minutes, noting that the final comments from the Recreation Council was that the Council would not take a position on this issue and that they would not continue the discussion regarding a dog park at this time. This was matter was discussed at a prior Board of Trustees meeting where the Board was asked to consider amending Chapters 78 and 170 of the Village's Code. The request was for very specific times when leashed dogs can be walked at Rye Hills Park. Trustee Santon took exception to the notion that the Village does not enforce the leash law and that the law was enforced when the authorities are aware of any violation. He felt that amending the local law would create a burden on Village Staff to enforce the new law. Mr. Bradbury noted that the police department does respond to complaints, but the law is not proactively enforced. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING NAY 7) SETTING A PUBLIC HEARING DATE TO AMEND A LOCAL LAW TO ALLOW NO PARKING ON WEST RIDGE DRIVE FROM RIDGE STREET TO OLD ORCHARD ROAD. Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION Board of Trustees Meeting November 23, 2004 Page 9 SETTING A DATE FOR A PUBLIC HEARING TO AMEND A LOCAL LAW TO ALLOW NO PARKING ON WEST RIDGE DRIVE FROM RIDGE STREET TO OLD ORCHARD ROAD RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on December 14, 2004 at 7:30 P.M., at the Village Hall, 938 King Street, Rye Brook, New York to consider amending a local law of the Code of the Village of Rye Brook prohibiting parking on West Ridge Drive. Trustee Harris asked what the goal was in making the entire street no parking, and if it was geared towards prohibiting parking by the Verizon trucks. Mr. Bradbury noted that there have been times when vehicles that are not actively working are parked in that area for long periods of time. There is a sight line issue here that restricting parking is attempting to correct. Mr. Bradbury requested a sense of where the no parking should extended to. The Board suggested restricting parking approximately 15' west of the Verizon Box, and across the street. Village staff will decide the exact footage. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 8) ACCEPTING THE WESTCHESTER COUNTY INTER-MUNICIPAL AGREEMENT REGARDING MUTUAL AID AND RAPID RESPONSE PLAN FOR THE POLICE DEPARTMENT OF WESTCHESTER COUNTY. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor to sign all necessary documents to enter into the Westchester County Mutual Aid Inter-Departments of Westchester County. Chief Robert Santoro noted that the Police Chief's Association took a look at the response plan currently in place and noted that it was antiquated. This new Agreement, Board of Trustees Meeting November 23, 2004 Page 10 which is a boilerplate, can now be modified. There were no major changes, but it is a better, simplified, more direct plan. Edward Beane, Esq. was directed to review the Agreement and report back to the Board of Trustees. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 9) APPROVAL OF MEETING MINUTES: OCTOBER 26, 2004; OCTOBER 12, 2004; SEPTEMBER 28; SEPTEMBER 14, 2004; AUGUST 10, 2004; JULY 13, 2004. Trustee Santon asked that this matter be held over to the December 14, 2004 Board of Trustees Meeting to allow additional time to review the summaries. The Board agreed and the matter was adjourned to the next meeting. VILLAGE ADMINISTRATOR'S REPORT Mr. Bradbury noted that a lot of progress has been made on the King Street Athletic fields. The County Legacy Committee has approved the project with a minimum of funding in the amount of$2 million. The County has expressed its support to the Village for this project. The Village is looking for additional funding for this project, and it is looking at the possibility of taking over County roadways in the Village in exchange for additional funds. Mr. Bradbury noted that on November 30, 2004, a meeting was scheduled with the Village's Consultants to review options for the ball fields. Mr. Bradbury stated that the Trees in Red Roof Farm have been planted—and they look great. The Village has gone to the State regarding the property at Grant Street. The State has made several site visits and is now looking at installation of fencing and other possibilities. Mr. Victor Carosi, Village Engineer, addressed the Board to give an update on the leaf collection. He noted that a route schedule was now in place. Over 8600 yards of leaves have been collected to-date. Mr. Carosi noted that we are about five weeks ahead of last year's schedule. The staff will continue to work with three crews on the streets, six days a week to keep on schedule. Mayor Rand noted that the number of complaints received this year pales with the number of complimentary calls. Mr. Bradbury commented that the Public Works Staff has been working very hard, and there is a lot of cooperation in the community. Board of Trustees Meeting November 23, 2004 Page 11 Chief Sabato was asked to address the Board. He stated that the Rye Brook Police Department is aware of the incidents of attempted child abduction in the City of Rye, connected to a green van. Because of these incidents, officers have been assigned to the each of the schools in Rye Brook, in the morning and dismissal times. There are road checks. The Village's Detectives have been attending meetings with the City of Rye, and several other area police departments. Lieutenant Sabato asked that any suspicious vehicle be reported immediately. OLD BUSINESS: • REPORT ON GARDEN INN FEIS BY PLANNING CONSULTANT Marilyn Timpone-Mohamed of F.P. Clark Associates was called upon for her report. She noted that the FEIS that was provided for the Garden Inn project has been in review by the Planning Board. At their last meeting it was referred back to the Village Board as incomplete. To help with the deliberations on the FEIS, she reviewed what the document is, and the process that it must go through. This is a document that is a Final Draft of the Environmental Impact statement for a project. This draft was commented upon during the public comment period. There was a public hearing held on September 26, 2000. From comments made during the public hearing, and written comments received, the applicant provided for the Village a final draft of the document. The document includes the DEIS by reference, or it is included in the document itself. It includes all comments made during the comment period, and all the responses made by the applicant to the document. The document is reviewed by the Board to make sure that the document is complete — accurate, factual, and adequate in terms of the responses to the comments made. At this point, what will happen is that Village Board will review this document for completeness. The FEIS, although prepared by an applicant, is the Village's document — it is a description of all the environmental and public review of the project. The usual time period for the preparation of the FEIS from submission to the Lead Agency is no later than 45 day from the date of the close of the public hearing, if it was held, unless the time period is extended. In the case of the Garden Inn the first version of the FEIS was submitted to the Board of Trustees on January 23, 2001. That is approximately 190 days after the public hearing on the DEIS was held. Since the applicant initially extended the timeframe from the preparation of the FEIS, and by responding to requests for additional information thereafter, extended the timeframe even further, there is flexibility for the Lead Agency as long as the review is conducted in a reasonable manner, and it is not intended to delay the decision process. The 45-day period is often just a starting point in determining the adequacy of the FEIS. It is common occurrence that the 45-day timeframe is extended. Once the original 45-day period is extended, however, SEQRA does not provide an alternate timeframe. It is open-ended at that point. However long the period is, it should be sufficient to allow the Lead Agency time to review the document and to allow the applicant the time to make the requested revisions, if any. The review timeframe also depends upon the quality of the FEIS. If the document is incomplete or inaccurate or unresponsive to the comments that were made — or if new information has been received after the DEIS was completed and that information is relevant to the proposed action, more time may be needed to review the missing information, correct errors, and revise responses to comments. When the Lead Agency is satisfied with the document, Board of Trustees Meeting November 23, 2004 Page 12 having made the determination that the FEIS is complete and accurate, then it issues a Notice of Completion. When the Notice of Completion is prepared, it is docketed, filed and published by the Lead Agency. An additional comment period begins at that point. It is a minimum of ten days after the filing of the notice, but not more than 30 days. That time period allows the public and involved agencies the opportunity to comment on the completed FEIS. During this time the Lead Agency and involved agencies must prepare their Statement of Findings. The Finding Statements provide the rationale for the Lead Agency and the involved agencies to approve or disapprove the proposed project. Therefore the Statement of Findings must be must be logically formatted — and must clearly provide the foundation for the agencies. If the Findings Statement were favorable, the applicant could proceed with the required approvals. It should be noted by the Board that the September 26, 2000 public hearing held by the Board of Trustees also included the site plan and wetlands permit public hearings, along with the DEIS for the Garden Inn. A public hearing on an FEIS may be held if desired by the Lead Agency. SEQRA does not preclude having hearings on the FEIS. When the Planning Board reviewed the application there were certain substantial items missing from the documents, having to do with new regulations in the Village's Code, as well as certain information that was asked for that has not been provided. Mr. Bradbury noted that the Board of Trustees must now determine the completeness of the proj ect. NEW BUSINESS: Chief Sabato noted that winter parking regulations were in effect, and alternate side of the street parking has begun. He stated that in the past summons have been issued. This year warnings were issued until November 22nd. Now the parking will be enforced, and summons will be issued. DISCUSSION ITEM • VARIOUS LAND USE AND PUBLIC SAFETY ISSUES RELATING TO THE RIDGE STREET COUNTRY SCHOOL PROPERTY AT 431 NORTH RIDGE STREET. Trustee Santon called for a preliminary discussion on this matter. He began by noting that there is limited on-site parking at the Ridge Street Country School and they tend to use Ridge Street as a cueing lane to turn into the school. These cars block traffic. There has also been parking in the municipal right-of-way, and on the sidewalk on Ridge Street. Now the School has employee cars that are parking on Fairlawn Parkway. The residents of Fairlawn Parkway are complaining about traffic, litter, etc. In researching this property Trustee Santon found that there are land use issues, as well as open building permit issues that must be discussed. He asked that Village staff review the classification of this property, as he believed that this is not a permitted use in this Zone. The current Board of Trustees Meeting November 23, 2004 Page 13 owners have owned this property since 1957 and it has served the community for many years as a Nursery School. The on-site parking and access problems must be contained. Some corrections were made several years ago by restricting left hand turns and removing the parking from the right-of-way in the front of the school. Trustee Feinstein noted that the school has been very cooperative. There is, however, a safety issue to be looked at. Mr. Bradbury noted that this issue would be discussed with the school. Mayor Rand called for comments from members of the public. A third-generation/owner of the nursery school addressed the Board. He noted that the school has taken several measures in the past that were unsuccessful. They are concerned with the safety issues, and have reviewed several options. They have tried to purchase land from the state, but have learned that it is dedicated parkland. They have proposed that a cuing lane be created in the 160' right-of-way. This cueing lane would be able to hold 10-12 cars. Traffic on Ridge Street is very heavy, and it has been getting increasingly harder to get into the school. The School was now looking for cooperation from the Village. They will hire an Engineering Consultant, and get the County involved. The owners are open to, and welcome, suggestions from the Village Consultants and Staff. Trustee Santon noted that Ridge Street is a County owned road. North Ridge Street from Westchester Avenue to King Street has no parking. Amendments were made to restrict left turns into the School and suggestions were made for a no left turn out of the school property. The property that is state and county owned is recreation land. Trustee Santon noted that whatever can be done needs to be done on site. The owner of the school noted that they have a small playground, and parking area on the site. There is no room for additional parking. They felt that they were being pushed out and asked that the Board of Trustees remember that they have been serving this community for many years. The Director the Ridge Street Country School addressed the Board. She noted for the past two weeks she has become a parking attendant. She has worked in that school since 1969, and has done the very best to comply with all regulations of the Village, including the installation of a sprinkler system. The Assistant Director's husband addressed the Board. He noted that the school is just as concerned about safety as the Village is. He suggested that a meeting be held where everyone can sit down and come to an agreement. Mayor Rand noted that this matter was on the agenda for discussion and that the Village will work with the school to see what can be done. Mr. Bradbury was directed to work with the School towards a solution. Board of Trustees Meeting November 23, 2004 Page 14 Mayor Rand noted that he had received a letter today from the Port Chester Rye Union Free School District Board of Education. They requested that several statements made at a previous Board of Trustees meeting be corrected. Mayor Rand apologized if any comments were construed as inappropriate. However, he noted that here have been students that have been disrespectful to Rye Brook and Port Chester residents. The loitering and littering has not stopped and he called upon the Port Chester High School authorities to look into this situation. Ivory Adler of 25 Ridge Boulevard addressed the Board with concerns about Windsor Road and Ridge Boulevard. He noted that the streets are in a very bad state of disrepair. He stated that he had brought this to the Board of Trustees' attention, and noted that these streets have never been repaired. He stated that it was hard to understand how the Village could go an entire season without making any repairs to this area. He requested that the road be repaired. Mr. Bradbury noted that patching would be done before winter, and Mr. Carosi, Village Engineer,was looking into the matter. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that he notified the Village that debris had been dumped onto the right-of-way in front of his property. He asked that the Village stop notifying him of the debris because it is not his and he did not dump it there. Mr. Heller also spoke in support of the Ridge Street Country School, noting that they have served the residents of Rye Brook for many years. This piece of property has been used for a school for nearly 50 years. The parking and the traffic is a problem, but it is very difficult to serve the community when it has been crowded by homes being built. The services that we need must be protected. He felt that this property and use should be grandfathered. Mayor Rand assured Mr. Heller that this matter would be addressed. Mayor Rand noted that Thursday was Thanksgiving Day, and wished everyone a Happy Holiday. Mayor Rand noted that a special meeting was scheduled for November 30, 2004 regarding the King Street Athletic Fields. He also reminded everyone that the next Trustee meetings were scheduled for December 14, 2004 and December 28, 2004. On a motion made by Trustee Santon, and seconded by Trustee Harris, the meeting was adjourned at 9:15 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting November 23, 2004 Page 15