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HomeMy WebLinkAbout2013-12-16 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL,938 KING STREET MONDAY,DECEMBER 16,2013 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing on proposed amendments to Chapters 8 & 209 of the Village Code regarding site plan review RESOLUTIONS: 1) Considering proposed amendments to Chapters 8 and 209 of the Village Code regarding site plan review 2) Considering entering into agreements for the 2014 Rye Brook Carnival event and a modification of the License and Permit Fee Schedule 3) Considering setting a public hearing to consider an application to the Public Service Commission to distribute hydrant cost to all village properties 4) Considering setting public hearing on an application by K&M Realty Group,LTD for approval of a second amended site plan for the project entitled "Bowman Avenue Development" ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS Port Chester-Rye Brook Chamber of Commerce Banner Program DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting December 16,2013 Page 1 of 8 THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: January 14 and 28, 2014 BOARD: Deputy Mayor Jeffrey B. Rednick Trustee Jason A. Klein Trustee Susan B. Epstein Excused: Trustee David Heiser Mayor Paul Rosenberg VILLAGE STAFF: David Burke, Assistant Village Administrator Michal Nowak, Superintendent of Public Works Gregory Austin, Chief of Police Marilyn Timpone Mohamed, Village Consultant Suzanne E. Volpe, Village Counsel Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Deputy Mayor Jeffrey Rednick welcomed everyone to the December 16, 2013 meeting of the Board of Trustees. He noted that Mayor Rosenberg and Chris Bradbury, Village Administrator, were attending the Westchester County Board of Legislator's meeting on behalf of the Village. He also noted that Trustee Davie Heiser was unable to attend tonight's Board of Trustees meeting. Deputy Mayor Rednick pointed out that there was only one meeting in December, and he called for the first item on the agenda: PUBLIC HEARINGS: 1) Public hearing on proposed amendments to Chapters 8 & 209 of the Village Code regarding site plan review On a motion made by Trustee Klein, and seconded by Trustee Epstein, the public hearing was declared open. Mr. David Burke,Assistant Village Administrator,called the roll: Trustee Jason A. Klein Voting Aye Trustee Susan B. Epstein Voting Aye Deputy Mayor Jeffrey B. Rednick Voting Aye Deputy Mayor Rednick noted that these amendments are made by the Board in an attempt to make the application process easier for the Building Department and the residents. If an applicant makes changes to over 50% of the structure and there are no variances required, then there will be no site plan review required. An additional change was made recently, and that is to include two-family homes in these amendments. Board of Trustees Meeting December 16,2013 Page 2 of 8 Marilyn Timpone Mohamed, Village Counsel, reviewed an additional change that has to do with disturbance on the property. The numbers have been changed from 300 square feet which was the trigger for site plan review to 400 square feet. This change is consistent with the requirement for storm water management. It was noted that the Planning Board and Village Staff has put in a lot of hard work into these changes. It was also noted that the notification of an application would be done at the time of the Architectural Review Board meeting. Trustee Klein noted that he was not in favor of these amendments because he felt that these changes should be reviewed. Deputy Mayor Rednick noted that because of the County Legislator's Meeting not only was the Mayor and Mr. Bradbury unable to attend the Board meeting, but residents were also not able to attend. With the consensus of the Board, the meeting was adjourned to the next Board of Trustees meeting, January 14, 2014. On a motion made by Trustee Klein, and seconded by Trustee Epstein,the public hearing was adjourned to the first meeting in January. Mr. Burke called the roll: Trustee Jason A. Klein Voting Aye Trustee Susan B. Epstein Voting Aye Acting Mayor Jeffrey B. Rednick Voting Aye RESOLUTIONS: 1) Considering proposed amendments to Chapters 8 and 209 of the Village Code site plan review Deputy Mayor Rednick noted that this resolution was also adjourned. 2) Considering entering into agreements for the 2014 Rye Brook Carnival event and a modification of the License and Permit Fee Schedule Mr. David Burke read the following resolution: WHEREAS, the Village of Rye Brook Parks and Recreation Department desires to hold a carnival featuring amusement rides, games and food May 2 -4, 2014; and WHEREAS, Request for Proposal's (RFP) were solicited from carnival vendors and two (2) proposals were submitted; and Board of Trustees Meeting December 16,2013 Page 3 of 8 WHEREAS, after review of the RFP's by the Parks and Recreation Superintendent and the Village Administrator it was determined that All Star Midway of Port Jefferson Station,NY submitted the most desirable proposal. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook is hereby authorized to enter into an agreement with All Star Midway of Port Jefferson Station, NY to run a carnival event for the Village of Rye Brook from May 2nd through May 4th 2014; and be it FURTHER RESOLVED, the agreement is subject to the approval of the village attorney for insurance and indemnification provisions; and be it FURTHER RESOLVED, the All Star Midway agreement is subject to approval of agreements, insurance and indemnification with Rye King Associates, Inc. (900 King Street) and the Arbors Homeowners Association, Inc. in a form acceptable to the village attorney; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to execute the agreements with All Star Midway, Rye King Associates, Inc. and the Arbors Homeowners Association; and be it FURTHER RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule is hereby amended as follows: SUBJECT: PROPOSED FEE NOTE: Carnival Food Vendor $500 For length of event; No Refunds It was noted that this is the second annual Carnival. Last year was a success. This year it will be held a little later in the year because there was one day that needed to be cancelled because of the weather. Some of the rides were not up to par and some of the motorcycles on one of the rides were missing handlebars. Mr. Burke noted that all rides are inspected by NY State. On a motion made by Trustee Klein, and seconded by Trustee Epstein,the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting December 16,2013 Page 4 of 8 Trustee Jason A. Klein Voting Aye Trustee Susan B. Epstein Voting Aye Acting Mayor Jeffrey B. Rednick Voting Aye 3) Considering setting a public hearing to consider an application to the Public Service Commission to distribute hydrant cost to all village properties Mr. David Burke read the following resolution: WHERAS, the Village of Rye Brook pays annual fees to United Water Westchester for the infrastructure maintenance and access costs of fire hydrants located within the village; and WHEREAS, it may be in the overall public interest to have such costs charged to all customers across all customer classes; and WHEREAS, Laws of New York, 2013 Chapter 433 allows municipalities, after holding a duly advertised public hearing, to petition the New York State Public Service Commission to have the cost for infrastructure maintenance and access be included in the rate charges to all customer classes and apportioned among all customers located in the municipality. NOW THEREFORE BE IT RESOLVED,the Village of Rye Brook Board of Trustees shall hold a public hearing on January 14, 2013 at 7:30PM at Village Hall, 938 King Street, Rye Brook, New York to consider an application to the NYS Public Service commission to have the cost for infrastructure maintenance and access be included in the rate charges to all customer classes and apportioned among all customers located in the municipality. The Village pays rent for the hydrants at approximately $160,000 and it is billed to taxpayers. The new legislation allows the Village to spread the fees across all clients of NY Water. The average fee per homeowner is $50.00. This resolution sets the public hearing for January 14,2013. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Trustee Jason A. Klein Voting Aye Trustee Susan B. Epstein Voting Aye Acting Mayor Jeffrey B. Rednick Voting Aye Board of Trustees Meeting December 16,2013 Page 5 of 8 4) Considering setting public hearing on an application by K&M Realty Group, LTD for approval of a second amended site plan for the project entitled "Bowman Avenue Development" Mr. David Burke read the following resolution: WHEREAS, the Board of Trustees is in receipt of an application by K&M Realty Group, Ltd. ("Applicant") for approval of Second Amended Site Plan for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 on the Town of Rye Tax Map and located in the C1 Zoning District and the Scenic Roads Overlay District;and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, site plan approval was previously granted by the Board of Trustees on July 24, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act ("SEQRA") on December 16, 2006; and WHEREAS, an Amended Site Plan was thereafter approved by the Board of Trustees on January 22, 2013 following the adoption of a Negative Declaration pursuant to SEQRA; and WHEREAS, the Applicant now proposes to reduce the density of the project from 18 dwelling units to 10 dwelling units; and WHEREAS, on November 26, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated December 12, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 28, 2014 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of a Second Amended Site Plan for K&M Realty Group Ltd for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 on the Town of Rye Tax Map; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code; and be it Board of Trustees Meeting December 16,2013 Page 6 of 8 FURTHER RESOLVED, the January 22, 2013 Amended Site Plan Approval for K&M Realty Group, Ltd set to expire on January 22, 2014 is hereby extended to February 28, 2014. Mr. Kongisberg was welcomed to the meeting, and it was noted that he made it thru the Planning Board review in record time. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that the Planning Board made four(4)recommendations from the applicant: 1) Submit a full set of plan prior to the public hearing on the application, that includes all of the plans that were in the previous approval. 2) Site plan indicates that the two parking spaces are supposed to be land banked. If deemed necessary the costs to create spaces will be at the cost of the Home owner's association. Language to this effect should be included in the offering plan. 3) The application shall revise the plans to show the current and proposed tax lot lines. 4) In the event that the Village determines that a portion of the strip should be used as a dog park, such use shall undergo a full environmental review act. Deputy Mayor Rednick noted that this was setting a public hearing. The 2012 approvals are extended. On a motion made by Trustee Epstein, and seconded by Trustee Klein,the resolution was adopted. Mr. Burke called the roll: Trustee Jason A. Klein Voting Aye Trustee Susan B. Epstein Voting Aye Acting Mayor Jeffrey B. Rednick Voting Aye ADMINISTRATOR'S REPORT Mr. Burke reviewed several items • The leaf program ended,the highway department did an incredible job. • Residents should review the schedule for bulk trash pickup for the holidays • The 2013 - 2014 Recreation Department's calendar is on line Board of Trustees Meeting December 16,2013 Page 7 of 8 • The STAR Program re-registration ends on December 31, 2013 • The next Board of Trustees meeting is scheduled for January 14"' • Christmas Trees will be picked up until January 15th. Just put it out there the way it came --no bags,ropes, or decorations • The Village met with auditors today. This year audit was a good audit. NEW BUSINESS: 1) Port Chester-Rye Brook Chamber of Commerce Banner Program Mr. Burke noted that he and Mr.Bradbury met with Chamber of Commerce to discuss the Banner Program that has been going on in Port Chester for several years. Rye Brook has been invited to participate this year. Staff will be in charge of putting banners up, which would be installed on the light poles. This is on the agenda for feedback. The suggested areas are South Ridge, Westchester Avenue and Bowman Avenue. This is a fundraiser for the Chamber of Commerce— they solicit the businesses. Trustee Klein questioned what the cost to the Village would be for installation and maintenance. Mr. Burke noted that the signs are durable. The cost would be installation once per year and the installation would be done by Village's lighting contractor. Trustee Epstein was not in favor of this program. She felt the funds would be put to better use landscaping Rye Brook. Deputy Mayor Rednick felt that the Comprehensive Plan Committee should review this matter. This matter can be placed on Board of Trustees' agenda for January 14,2014. Deputy Mayor Rednick thanked Mr. Bradbury and Mayor Rosenberg for attending the County Legislator's meeting this evening. He noted that the next Board of Trustees meetings were scheduled for January 14 and January 28,2014. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the meeting was adjourned at 8:01 p.m. Mr. Burke called the roll: Trustee Jason A. Klein Voting Aye Trustee Susan B. Epstein Voting Aye Acting Mayor Jeffrey B. Rednick Voting Aye Board of Trustees Meeting December 16,2013 Page 8 of 8