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HomeMy WebLinkAbout2013-05-14 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MAY 14, 2013 AGENDA 7:00 P.M. — Considering motion to go into Executive Session— Teamsters Negotiations 7:30 P.M. —REGULAR MEETING: Recognition of Blind Brook Mock Trial Team PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing on an application by Toll Land V Limited Partnership for approval of an amended site plan for property located at the corner of King Street and Anderson Hill Road RESOLUTIONS: 1) Considering an application by Toll Land V Limited Partnership for approval of an amended site plan for property located at the corner of King Street and Anderson Hill Road 2) Considering the authorization of funds for the 2013 Memorial Day and Veterans Day ceremonies to be paid to the American Legion 3) Considering authorizing the renewal of a Westchester County Department of Health Food Service Permit application to operate a food service establishment at the Anthony J. Posillipo Community Center 4) Considering the approval of Minutes: March 21, 2013; April 1, 2013; April 9, 2013; April 23, 2013 Board of Trustees Meeting May 14, 2013 Page 1 ADMINISTRATOR'S REPORT: • Annual Report—Municipal Separate Storm Sewer System (MS4) OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Potential legislation regarding Planning Board referrals ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: May 28, 2013 & June 11, 2013 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Mikal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the May 14, 2013 regular Meeting of the Board of Trustees. He noted that the meeting would begin with a presentation to the Blind Brook Mock Trial Team. This past Thursday they claimed the title of Westchester County Champions. Team Captains, Alex Lubkin and Jason Adler, addressed the Board. They noted that they went up against Rye Neck at the County Finals and won. The County Tournament consists of six rounds. This was a team effort. The team consists of 17 members. Several members were in attendance representing their team at the meeting. Board of Trustees Meeting May 14, 2013 Page 2 Mayor Rosenberg read a Proclamation and presented it to the Team. He noted that this is the 8th time that they won the Westchester County Championship. Mayor Rosenberg stated that County Legislator David Gelfarb was in attendance. He addressed the Board various projects throughout Westchester. He noted that this has been a very interesting year legislative year. He gave brief updates for the Public Safety Committee, the GEO Legislation Committee, Environment and Energy Committee, and the Airport Advisory Committee. Housing was also discussed, as well as the Housing Settlement. He noted that the deal has been approved with Playland to make it more of an all year around park; modernizing the rides and adding sports facilities. There is a very good group for Sustainable Playland and everyone hopes that this project will turn out well. Edward Beane, Esq., stated that he received a letter in response to his letter. He wanted to let the County Attorney know about this letter. The Village will be very cooperative. When a Federal District Court sends you a letter and it does not have a positive tone, then there is reason for concern. Mr. Christopher Bradbury, Village Administrator, noted that the County will be closing the Bridge on Ridge Street and Rye Brook has been doing their best to notify all residents, as is the County. Mayor Rosenberg thanked Legislator Gelfarb for his update. PUBLIC HEARINGS: 1) Public hearing on an application by Toll Land V Limited Partnership for approval of an amended site plan for property located at the corner of King Street and Anderson Hill Road On a motion made by Trustee Jeffrey Rednick, and seconded by David Heiser, the public hearing was declared open. Board of Trustees Meeting May 14, 2013 Page 3 Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mr. Wagner, representative for the applicant, noted that this is a diminutive request. The applicant has requested a modification of one of the conditions to allow two model homes to be constructed. Included with the plan is a temporary landscaping and parking plans. Things are moving very fast. Mayor Rosenberg called for members of the public wishing to address the Board. Anthony Gioffre, Esq., from the firm of Cuddy & Fedder, addressed the Board as the representative for the Blind Brook Club. Landscaping is very important and they were very happy to see that the permanent landscaping will be installed. Mr. James Fitzpatrick clarified hours of operation for the two Model Homes. The Board anticipates being on the June meeting agenda for the Board of Trustees. It should take approximately eight to nine months to construct and decorate the two units. Mayor Rosenberg noted that the landscaping condition will be part of the resolution. There being no additional comments or questions about this application, Mr. Bradbury called for a motion to close the public hearing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was closed. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg called for resolution for Toll Land V Limited Partnership: Board of Trustees Meeting May 14, 2013 Page 4 RESOLUTIONS: 1) Considering an application by Toll Land V Limited Partnership for approval of an amended site plan for property located at the corner of King Street and Anderson Hill Road Mr. Bradbury read the following resolution: WHEREAS, the Board of Trustees is in receipt of an application by Toll Land V Limited Partnership for approval of an amendment to its March 24, 2009 site plan of property located at the southerly corner of Anderson Hill Road and King Street — designated as Tax Map Section 129.35, Block 1, Lots 14.1-14.31 (formerly Lot 13) on the Town of Rye Tax Map and located in the H-1 Zoning District; said amendment being to the March 24, 2009 Resolution permitting the Applicant to secure Building Permits for homes, Units 27, 28, 29 and 30 so that their construction can proceed concurrently with the construction of the infrastructure for the entire development as approved by the March 24, 2009 Resolution; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Building Permit Checklist 2. Site Plan Application 3. Exterior Building Permit Application 4. Short Environmental Assessment Form 5. Letter to Rye Brook Building Inspector from John Wagner of Certilman Balin Attorneys, Hauppauge,N.Y., dated March 19, 2013 6. Sheet A-1, Architectural Site Plan, Entry Sign and Entry Wall Elevation, prepared by Sullivan Architecture, P.C., White Plains,N.Y., dated 11/10/08 7. Sheet 1 of 1, Model Home Landscape Plan, prepared by ESE Consultants, Inc. Horsham, P.A., dated 1/11/13; and WHEREAS, on April 9, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action with an uncoordinated review; and WHEREAS, on April 9, 2013 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, on April 11, 2013 the application was referred to the Westchester County Department of Planning pursuant to New York General Municipal Law §239-m and the Westchester County Administrative Code; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated May 9, 2013; and Board of Trustees Meeting May 14, 2013 Page 5 WHEREAS, on April 11, 2013 notice of the application was sent to the Town of Greenwich pursuant to New York State General Municipal Law §239-nn and the Westchester County Administrative Code; and WHEREAS, on May 14, 2013, the Board of Trustees opened a public hearing on the subject site plan application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on May 14, 2013; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan amendment referenced herein; and BE IT FURTHER RESOLVED, that the Village Board adopts the recommendations of the Planning Board in its May 9, 2013 Report that (a) the Applicant shall verify the daily operations scheduled for the model homes will be from 11:00 a.m. and 6:00 p.m. seven (7) days per week, (b) that because the building construction trailer and storage unit will be in the vicinity of the common property line with the Blind Brook Club and screening the development from the Club was an issue during the original approval process, that the grading and screening plantings along the common property line shall be installed by the Applicant when the model's site and infrastructure are constructed; and BE IT FURTHER RESOLVED, that prior to the issuance of a building permit the Applicant shall pay to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Board of Trustees Meeting May 14, 2013 Page 6 Mayor Paul Rosenberg Voting Aye 2) Considering the authorization of funds for the 2013 Memorial Day and Veterans Day ceremonies to be paid to the American Legion Mr. Bradbury read the following resolution: WHEREAS, the American Legion, Port Chester Post 93, will host the 2013 Memorial Day Ceremony; and WHEREAS, the Village of Rye Brook Village Board would like to assist the American Legion with this event. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand dollars ($1,000.00) to the American Legion for its 2013 Memorial Day Ceremony and for the potential 2013 Veterans Day Ceremony. Mr. Bradbury noted that this donation is made on an annual basis; and in recent years Rye Brook's donation was $1000.00. On a motion made by Trustee David Heiser, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 3) Considering authorizing the renewal of a Westchester County Department of Health Food Service Permit application to operate a food service establishment at the Anthony J. Posillipo Community Center Board of Trustees Meeting May 14, 2013 Page 7 Mr. Bradbury read the following resolution: WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Deputy Village Clerk and Mayor to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. It was noted that the Permit is renewed annually. On a motion made by Trustee David Heiser, and seconded by Trustee Jeffrey Rednick, the resolution was approved. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 4) Considering the approval of Minutes: March 21, 2013; April 1, 2013; April 9, 2013; April 23, 2013 Board of Trustees Meeting May 14, 2013 Page 8 Mayor Rosenberg asked that the Board vote on the March 21st summary. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the summary was approved as amended. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye The April 1St, 9th, and 23rd summaries, with the consensus of the Board, were adjourned to the next meeting of the Board of Trustees. Mr. Bradbury noted that an additional resolution has been placed on the agenda. 5) Amending the Village of Rye Brook License and Permit Fee Schedule to waive certain permit and application fees in response to Hurricane Sandy WHEREAS, the Board of Trustees recognizes that many residents of the Village of Rye Book, including businesses located within the Village of Rye Brook, suffered significant hardship as a result of Hurricane Sandy; and WHEREAS, certain restoration, clean-up and reconstruction work resulting from Hurricane Sandy is subject to the issuance of permits and approvals from the Village of Rye Brook; and WHEREAS, the Board of Trustees wishes to defray the costs of restoration, clean-up and reconstruction by waiving the fees associated with the permits and approvals required for such work. NOW, THEREFORE BE IT RESOLVED, that upon the conditions set forth herein, the Board of Trustees hereby amends the License and Permit Fee Schedule to waive the following fees in connection with restoration, clean-up and reconstruction work resulting from Hurricane Sandy: 1. All Building Permit Fees 2. All Certificate of Occupancy Fees Board of Trustees Meeting May 14, 2013 Page 9 3. All Demolition Permit Fees 4. All Electrical Permit Fees 5. All Plumbing Permit Fees 6. All Fence & Wall Permit Fees BE IT FURTHER RESOLVED, that the aforementioned fees shall be waived upon the following conditions: I. The applicant shall submit a sworn affidavit signed by the property owner(s) or contractor containing the following information: a. Name and address of property owner(s); b.Description of the work to be performed; and c.Verification that the work for which a permit is sought arose as a direct result of Hurricane Sandy. 2. Applications for which a fee waiver is sought must be submitted within I year of Hurricane Sandy (i.e. on or before October 31, 2013). 3. Any proposed work which is not a result of Hurricane Sandy shall be the subject of a separate permit application for which no fee waiver shall apply or shall be included with the scope of the same permit for which Hurricane Sandy-related work is sought with fees being separately calculated and apportioned such that no fees are paid for Hurricane Sandy-related work. For example, in the case of a Building Permit the cost of construction for work which is not a result of Hurricane Sandy shall be separately calculated and a fee paid thereon. BE IT FURTHER RESOLVED, applicants shall be entitled to a refund of permit and application fees paid prior to the adoption of this resolution which fees would otherwise have qualified for a waiver pursuant to the provisions herein. To receive a refund, the applicant shall submit a sworn affidavit as described above no later than October 31, 2013 along with proof of the amount of fees paid. Mayor Rosenberg noted that Trustee Heiser would be recuing himself as he was effected by Hurricane Sandy. It was noted that this legislation was past last year, and has expired. The fair thing to do is extend this to end of October. Mr. Bradbury noted the resolution requires that the application be submitted by the end of October. Applications are still coming in connection with repairs as a result of Hurricane Sandy. On a motion made by Trustee Rednick, and seconded by Trustee Klein, the resolution was adopted. Board of Trustees Meeting May 14, 2013 Page 10 The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Abstained Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the Ridge Street bridge will be closing soon for reconstruction. Rye Brook has done email blasts, mailings, and has posted information of the Village's website. The signs will be up soon; within the next week or two. The bridge will be closed from June 5th through August 16th. Mr. Bradbury noted that the Village Amnesty Program is closing on May 31, 2013. There is time to file, and he urged residents to get their applications in before the sunset date. There is a public forum for the Village's Comprehensive Plan coming up. This will take place on June 10 '. Notification has gone out for all residents interested. Mayor Rosenberg called for the Annual Report: • Annual Report— Municipal Separate Storm Sewer System (MS4) Mikal Nowak, Superintendent of Public Works addressed the Board. He noted that the Village must maintain the storm system. The Village annually inspects one-third of the outfalls. There are approximately 103 locations; and Rye Brook Monitors a portion of them. There are approximately 1300 Catch Basin within the Village. If anyone is seen dumping into the catch basin a call should be made to the Village immediately. Maintenance of the Storm Sewer System is a significant undertaking, and it is taken very seriously. Annual reports are put together and sent to the D.E.C. Mr. Bradbury noted that the presentation of the annual report is Board of Trustees Meeting May 14, 2013 Page 11 a requirement. This is a lot work that goes into the maintenance as well as the preparation of the report. The Highway Department goes out and checks the catch basins to ensure that the work has been done properly. Mr. Bradbury noted they are looking to map with new equipment to have a better understand of the system. Mayor Feinstein noted that the discuss item was placed on the agency by him. DISCUSSION ITEMS: 1) Potential legislation regarding Planning Board referrals The genesis behind this is trying to find a way to speed things up. Mayor Rosenberg reviewed two scenarios of applications that could be referred to the Planning Board and where a determination could be made by the Planning Board. This would make the process a one-step process. Shopping Center Legislation also needs to be reviewed. A work session will be held in June to review this matter. The Board is looking for ways to streamline the process. Edward Beane, Esq. noted that the Toll Brothers application is an example of an application should not have had to go to the Planning Board, but that is in the Code. The Board of Trustees needs to look at the legislation that drew the line between the Planning Board and the Board of Trustees. Mr. Peter Stahl of Win Ridge addressed the Board. He noted that he appears before the Board of Trustees for site plan modification. He was happy that this portion of the Code is being used. They are very excited that the Village is looking for ways to give relief. Mayor Rosenberg noted that Mr. Stahl would be welcomed at the Work Session. Mayor Rosenberg noted that the next Board of Trustees meetings were scheduled for May 28 & June 11, 2013. There being no further business before the Board; or members of the public wishing to address the Board, he called for a motion to go into Executive Session regarding appointments for Rye Brooks Boards and Committees. Board of Trustees Meeting May 14, 2013 Page 12 On a motion made by Trustee Heiser, and seconded by Trustee Susan Epstein, the meeting was adjourned at 9:06 p.m. and the Board went into an executive session. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Abstained Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting May 14, 2013 Page 13