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HomeMy WebLinkAbout2013-11-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,NOVEMBER 26, 2013 7:00 P.M.—EXECUTIVE SESSION 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS RESOLUTIONS: 1) Considering referring an application by K&M Realty Group, LTD for approval of a second amended site plan for the project entitled "Bowman Avenue Development" to the Planning Board for report and recommendation 2) Considering setting a public hearing on proposed amendments to Chapter 209 of the Village Code regarding single family site plan review 3) Considering a Snow and Ice agreement with New York State Department of Transportation for the 2014/15 snow season 4) Considering the approval of minutes: September 10, 2013; September 26, 2013; October 8, 2013; October 22, 2013;November 12, 2013 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting November 26,2013 Page 1 THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Monday, December 16, 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 Village Administrator Greg Austin, Police Chief Jennifer Gray, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Tuesday, November 26, 2013 meeting of the Board of Trustees. He called for the first item on the agenda. RESOLUTIONS: 1) Considering referring an application by K&M Realty Group, LTD for approval of a second amended site plan for the project entitled "Bowman Avenue Development" to the Planning Board for report and recommendation Mayor Rosenberg noted that this project has been around a very long time. There are Board members that are new to the application. He asked for a brief over. Mr. Kip Konigsberg, applicant, addressed the Board. He noted that this property was approved in 2007 for a ten unit luxury development. The new plan, Plan 93, had an increase from ten units to eighteen units. Southerby's in Rye, a real estate brokerage firm, was hired and after reviewing the project they said the ten units was a better opportunity. In order to make a change an amendment must be made to the site plan. Mr. Konigsberg presented the Board with all three plans. The first plan for 10 units was approved in 2007. In 2012 the plan was extended to 18 units. The Emergency Services Task Force recommended that the decks be removed, and that required site plan approval. At this time Mr. Konigsberg noted that he was requesting a reduction in units and an increase to impervious surface as a result of the addition of a sidewalk in the front of one building. The square footage remains the same, the parking requirement is lower, the storm water management plan remains the same, and there is no change to the footprint of the project. Board of Trustees Meeting November 26,2013 Page 2 Mayor Rosenberg discussed parking spaces that were land-banked. He questioned why these spaces needed. Mr. Kongisberg noted that having two extra parking spaces for guests is not a bad thing. Mr. Christopher Bradbury, Village Administrator, noted that there are some minor changes to the elevation plan. Mr. Kongisberg replied that the change was made at the request of the Emergency Services Task Force and it enables them to be able to walk a small boat down to the water in the case of an emergency. Mr. Kongisberg noted that he could begin the construction on the park if the Village still wanted it. Mayor Rosenberg responded that the Board wants the park and as the plan is being reviewed, hoped that a dog park could be considered. It is time to sit down and talk about the requirements for this park. Trustee Jeffrey Rednick concurred with the Mayor, that the Board wants the park, and a dog park in that area makes a lot of sense. Trustee David Heiser asked if this would be the last time the applicant would be before this Board for this project. Mr. Kongisberg noted that he was ready to get started on construction. Trustee Jason Klein concurred with the Mayor on reducing the additional impervious surface. He questioned if trees would be removed to construct the park. Mr. Bradbury noted that the area that has been chosen for the park is over grown and there are piles of dirt and debris. Construction will include a cleanup of the area. The Village will work with the applicant on the details for the park that include a walking trail. There will be no kayaking allowed or water use, and the steep slopes will require fencing. Mayor Rosenberg asked about taxes on the park parcel. The applicant noted that the taxes will be taken care prior to the transfer. Trustee Susan Epstein asked why the decks were being removed. Mr. Kongisberg responded that the fire department that noted that it would be difficult getting ladders up to the third floor because of the decks. Ms. Marilyn Timpone Mohamed, Village Consultant, noted that the park serves a good function in connection with flooding. No grading will be done. Mr. Kongisberg noted that the park discussions should be separate from the development discussions. There is a clause that the approvals are through January 22nd. He asked that the public hearing be held on January 14th. It was Board of Trustees Meeting November 26,2013 Page 3 noted that the Board of Trustees can grant an extension especially considering that the matter will be heard by the Planning Board on January 121h Jennifer Gray, Esq., Village Counsel, noted that park and site plan approval can be separated. The applicant stated that this construction will go very fast. Mr. Bradbury suggested that the application move towards closure. Attorney Grey noted that a site plan will be submitted shortly. The change to the dog park did not create a big challenge as it means simply adding fencing. Mayor Rosenberg suggested referring the peninsula to the Planning Board. This is the most important piece of this development. In a parallel track the park plans are submitted. Mr. Michal Nowak noted that this change is not a major thing. It was noted that the Planning Board cannot hear the application and vote on it at the same meeting. Mayor Rosenberg noted that the matter would be referred to the Planning Board for the December 12th meeting. Mr. Bradbury read the following resolution: REFERRING AN APPLICATION BY K&M REALTY GROUP, LTD FOR APPROVAL OF A SECOND AMENDED SITE PLAN FOR THE PROJECT ENTITLED `BOWMAN AVENUE DEVELOPMENT" TO THE VILLAGE OF RYE BROOK PLANNING BOARD 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 CI 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 Board of Trustees Meeting November 26,2013 Page 4 WHEREAS, the Applicant now proposes to reduce the density of the project from 18 dwelling units to 10 dwelling units; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for approval of a Second Amended Site Plan to the Planning Board for report and recommendation; and BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the Village Planning Consultant to circulate Notice of Intent to Declare Lead Agency, pursuant to SEQRA, to all known Involved and Interested Agencies on behalf of the Board of Trustees; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the proposed site plan amendment be referred to Westchester County Department of Planning no less than 30 days prior to the public hearing concerning the application for approval of a Second Amended Site Plan, and pursuant to General Municipal Law §239-nn, notice of the public hearing on the application for a Second Amended Site Plan shall be referred to the Town/Village of Harrison, the City of Rye and the Port Chester School District no less than 10 days prior to such public hearing. A comment regarding the Rye Brook Port Chester School District was brought up. Mayor Rosenberg asked that the Port Chester School District be added to the resolution. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted, as amended. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye Board of Trustees Meeting November 26,2013 Page 5 2) Considering setting a public hearing on proposed amendments to Chapter 209 of the Village Code regarding single family site plan review Mr. Bradbury read the following resolution: NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on December 16, 2013 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider amending Chapter 8 & 209 of the Village Code regarding site plan review. Mayor Rosenberg noted that the goal is to simplify the process to make things easier for the residents. Ms. Timpone Mohamed stated that this legislation was recommended by the Trustees and was reviewed by the Planning Board. A report and recommendation was made. The changes that are being put into the Village's Code have to do with major alterations that increase the square footage of a building by 50% or more. If such an application would not trigger any variances, then site plan review would not be required. It takes into consideration storm water and land disturbance issues and site plan triggers; issues that would cause the application to go before the Planning Board. There was a concern that the public process would be circumvented. However, it was noted that the applications will go before the Architectural Review Board and this would allow public knowledge of this type of application. Mayor Rosenberg noted that the goal was to keep projects within the Zoning Code. There are very clear rules of how large a house scan be. If people are living within the guidelines of the Code they should be able to do what they need to do, as long as there are impacts to the neighbors. The neighbors should be able to come out and discuss a project. On a motion made by Trustee Klein, 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 Rednick Voting Aye Board of Trustees Meeting November 26,2013 Page 6 Mayor Rosenberg Voting Aye 3) Considering a Snow and Ice agreement with New York State Department of Transportation for the 2014/15 snow season Mr. Bradbury read the following resolution: RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement (#D010779) with the State of New York, Department of Transportation until June 30, 2015 under which the Village of Rye Brook will receive payment up to $16,945.60 for the 2014/15 snow season for snow and ice control on King Street and Westchester Avenue; and be it further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. On a motion made by Trustee Klein and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury noted that this is a one year agreement, put in place annually. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye 4) Considering the approval of minutes: September 10, 2013; September 26, 2013; October 8, 2013; October 22, 2013; November 12, 2013 Mayor Rosenberg noted that he read them all and had only one grammatical error. Trustee Klein also requested a change to Summaries. Board of Trustees Meeting November 26,2013 Page 7 On motion made by Trustee Heiser, and seconded by Trustee Klein, the summaries were approved as amended. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye Mr. Bradbury read an additional resolution: CONSIDERING THE AUTHORIZATION OF A TRANSFER OF FUNDS FOR THE PURPOSE OF PURCHASING AUTOMATED EXTERNAL DEFIBRILATORS (AED'S) NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees the Village of Rye Brook Board of Trustees hereby authorizes the following transfer of funds to purchase four (4) automated external defibrillators (AED's) and related equipment to be made available in various public buildings and parks: Two weeks ago there was an emergency on the Rye Brook field. The goal of this resolution is to put a defibulator in the parks. This would include training of personnel. On a motion made by Trustee Klein 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 Rednick Voting Aye Mayor Rosenberg Voting Aye Board of Trustees Meeting November 26,2013 Page 8 ADMINISTRATIVE REPORT: Mr. Bradbury noted that leaf season is moving along. The Village's staff is doing a great job on leaf picks. Mayor Rosenberg commended the Public Works Department on the leaf pick, and noted that the schedule for pick-ups could be found on the Village's website. Mr. Bradbury noted that the Village is prepared for the upcoming storm. Mayor Rosenberg reminded residents to file for their STAR before the end of the year. Mayor Rosenberg noted that the next meeting for the Board of Trustees was scheduled for Monday, December 16, 2013. He wished everyone a Happy Holiday. He noted that there was no old or new business on the agenda, and called for an executive session. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the meeting was adjourned at 8:50 p.m. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye Board of Trustees Meeting November 26,2013 Page 9