HomeMy WebLinkAbout2012-01-24 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, JANUARY 24, 2012-7:30 P.M.
7:00 P.M. –Executive Session– Contract Negotiations & Committee Appointments
ROLL CALL:
PLEDGE OF ALLEGIANCE:
REPORT:
PUBLIC HEARINGS:
1) Public hearing on a proposed site plan application regarding the
installation of a Sluice Gate on Bowman Avenue
2) Public hearing to consider the discontinuance of certain sidewalks
throughout the Village
RESOLUTIONS:
1) Considering a proposed site plan application regarding the installation
of a Sluice Gate on Bowman Avenue
2) Considering entering into an IMA with the City of Rye and the Town/
Village of Harrison for the Construction, Maintenance and Operation
of a Sluice Gate Project
3) Considering the discontinuance of certain sidewalks throughout the
Village
4) Referring an application by TD Bank, NA for site plan approval at
101-5 South Ridge Street to the Planning Board for report and
recommendation and to the Zoning Board of Appeals
5) Considering the donation of items from the owners of 39 Hillandale
Road
6) Considering the appointment of an Arbors Development Standards
Task Force
7) Setting a public hearing on a site plan application from United Water
to install seven (7) automatic water meter reading sites
8) Considering an IMA with the Blind Brook School District to bid
sanitation services
9) Considering the appointment of election inspectors
10)Considering a snow and ice agreement with New York State
Department of Transportation for the 2012/2013 snow season
l 1)Considering the authorization of an inter-municipal agreement with the
County of Westchester to continue participation in the Selective
Enforcement for Traffic Safety (STEP) grant program
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
THE NEXT REGULAR TRUSTEES MEETINGS
February 14 &February 28, 2012
BOARD: Trustee Michael S. Brown
Trustee Toby S. Marrow
Trustee Jeffrey B. Rednick
Mayor Joan L. Feinstein
EXCUSED Trustee Paul S. Rosenberg
STAFF: Christopher J. Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Fred Seifert, Public Access Coordinator
Shari Melillo, Meeting Secretary
PUBLIC HEARINGS:
1. Public hearing on a proposed site plan application regarding the
installation of a Sluice Gate on Bowman Avenue
On a motion made by Trustee Brown and seconded by Trustee Rednick,
the
Public Hearing was opened and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mr. David Weiss from WSP Sells addressed the Board and gave an
overview of the project. He stressed that the Sluice Gate does not
eliminate the downstream flooding but it does alleviate it. 4-6 inch
reduction and 5-9 inch reduction based on the strength of the storm...25,
50 and 100 year storms. They have been through our Planning Board
process as well as the Town of Harrison. There is an IMA pending
between the City of Rye, Rye Brook and Town of Harrison. They are
looking to start construction in spring or early summer
Mayor Feinstein added it is important to note that the property is in Rye
Brook but owned by the City of Rye. Flooding is an issue in the southern
part of our Village as well as Indian Village in the City of Rye. Different
alternatives were proposed but this was determined to be the most cost
effective. There is a grant for funding from Westchester County for this
project as well as funding from Rye Brook and the City of Rye. This is a
cooperative effort and the approvals have been obtained. The IMA deals
with the operating of the sluice gate, the sharing of information, the
maintenance of the gate etc. In addition, we have been assured that there
will be no adverse impacts upstream.
Mr. Kip Konigsberg of K & M Realty and owner of the Bowman Avenue
property that is directly adjacent to the property in question. He informed
the board that he has studied the impacts of flooding for years with his
company and is respectfully asking the Board to hold this hearing open as
he is opposed to this project. He is concerned with many aspects of the
project and has many questions. For instance, he asked what the size of the
sluice gate as he has seen different sizes and would like to know the actual
size. Another concern is what data was submitted and how this project has
moved forward — how was the City of Rye able to designate themselves
the lead agency? Because of that ability they were able to issue a negative
declaration. Most alarming to him is the flood study prepared by Sells is
from 2008 — 4 years ago. Why is it that when he was moving through his
application process for his project he was forced and required to
repeatedly update his storm water management plan? He feels that the
Village of Rye Brook and the Planning Board should have required that
the City of Rye update this study and in addition, the village should have
had an engineer review this document as well. His property can be
significantly impacted by the installation of the sluice gate but none of the
impacts were every looked at. He wants to know specifically what impacts
will there be on his property — will the gate operate properly and what
happens if it doesn't. He believes the City of Rye is only concerned about
the property in the City of Rye and not his and that to him is not
acceptable.
Mr. Weiss responded that the existing opening is 15' by 11.5' wide — the
sluice gate is 15' x 8'. When the gate opens it will not extend past the
existing spill gate. It will not be any lower or higher then what is there
now and so the dam will act as it always has. They did study Mr.
Konigsberg's property, they are aware of the water elevations and it was
studied thoroughly. The March 2008 report was reviewed by the Army
Corp of Engineers and HDR as well and they came to the same conclusion
— the sluice gate is the best resolution with the best cost effectiveness. The
bottom line is it does not result in a flooding of the peninsula when it is in
operation.
Mr. Weiss discussed how the dam operates. The pond goes into detention
very early in a storm event — it tops the dam and then you have an
uncontrolled amount of water that heads downstream. With the sluice gate,
it will release the water slowly in a controlled way and to maximize the
time delaying that overtopping which is important. The primary system is
electric and there is a propane fired generator in case of loss of power as
well as a manual override. There are two different sensors in case one fails
and it is also important to note that they are installing staging areas so that
it can be watched and the timings can be adjusted if needed.
Mr. Bradbury, Village Administrator, added that the Village is in tune
with what is happening at the sluice gate and will receive real time data as
well. The reason there is not a separate engineering firm reviewing this is
because Rye Brook hired WSP Sells back in 2008 to do the study in
cooperation with the City of Rye.
Trustee Brown asked how easy the manual controls can be reached in case
it needed to be overridden manually. Mr. Weiss explained that it can be
manually operated within minutes—even during the peak of a storm.
Mr. Bradbury added that nothing can be done without input from Rye
Brook and now the Town of Harrison as well. All of these concerns are
covered in and part of the IMA.
Mr. Dean Santon of Hillandale Road addressed the Board and while he
has seen this application work its way here as a Village Trustee, he has to
agree with Mr. Konigsberg. It seems that all the consideration is south of
287 but the most immediately impacted property which this Board has
approved for 10 residential units — has not been properly addressed. He
thinks this project is not ready to go forward and the hearing should be
kept open until this property owner, K & M, has some answers and his
concerns are addressed. He also agrees that the Village piggy backed on
the study that was done but the information is 4 years old and this village
would never normally entertain information that old. He was not aware
also that the City of Rye is lead agency and he questioned that. He also
asked for a rendering or survey that shows the entire property that the City
of Rye owns which is 16-20 acres and his final question is why the Village
is treating this application like no zoning requirements apply.
Mayor Feinstein responded that different rules are applicable when you
are dealing with another municipality and that was discussed at a prior
meeting. This is a joint application. The benefits may be greater for the
City of Rye but it will also benefit the Wyman Street area of Rye Brook.
Mr. Santon believes that because this is a public hearing all information
should be available for the public to see and if its not then the hearing
should be held open so that the public, including Mr. Konigsberg, can get
their concerns addressed.
Mayor Feinstein is more concerned with the Rye Brook residents and
asked Mr. Weiss specifically what the impacts to Mr. Konigsberg's
property are. Mr. Weiss responded that there were many studies performed
including a lower pond study and there is no impact to Mr. Konigsberg's
property. The map they are looking at is not an impact map but a map of
benefits. There were no impacts as part of the study— none upstream and
none in the peninsula.
Mayor Feinstein asked Mr. Weiss specifically if there is a benefit to the K
& M property.
Mr. Weiss responded that there are no impacts and they have presented
this information to the Board prior to tonight. There may be benefits but
there are no impacts. As for the data being old, they did a very extensive
analysis on this and if they just used the FEMA data that was available to
them, it was 40 years old. Instead they chose to use the last 20 years of
data and they found the discharges were 20 percent higher....they were
very cognoscente of that.
Mr. Santon asked where the site plans are and why they are not being
presented to the public and where are the plans showing the impacts or
benefits for the most immediate property.
Trustee Brown stated that anyone who has a direct interest in this or any
application has come here prior, met with the Village, requested specific
documents etc. Mr. Santon is coming in here now and speaking as if
nothing has been done in the last couple of years and the way this has
evolved— we have had discussions —we have asked questions —they were
explained to our satisfaction — what Mr. Santon is doing is asking
questions in a accusatory state and he has great disappointment in him
doing that. Mr. Weiss is here to answer questions and he has adequately
answered them and probably has more information when allowed to
continue.
Mr. Santon believes that the Village for the public's benefit should make
sure more detail is given and available. That is what is expected from any
applicant that has come before this Board.
Mayor Feinstein added that at a Public Hearing we are going to answer
any question that is raised but we are not going to show every piece of
paper that has been presented.
Christine Sciandra of Wyman Avenue addressed the Board advising them
that her house is impacted the most during storms and thanked the board
for their diligence. She does not understand what the issues are because
this has been her for at least 5 years. It is going to help even though it's the
least benefit and sees no reason to hold this up.
Mr. Konigsberg is in favor of something being done — but the way — the
process — the data is just not right. He is not going to take Mr. Weiss's
word that this is fine—he wants to see it—he wants to see the benefits and
the impacts. He is about to spend a lot of money to build a park to donate
to the village and he wants to know, as the Village should, if there will be
any impacts. The data is old and he had to keep updating his data and
believes the same should be true here. Another engineer should review this
application and give another opinion. He is also shocked how this went
thru Harrison in one meeting—more should be done to review the impacts
by all municipalities involved. He is not threatening but he wants the
process to be correct—he wants the same rules to apply to his property—if
they show him there is no impact to his property he will be ok.
Mr. Beane asked Mr. Konigsberg if prior to this meeting he had asked any
of these questions adding that he knew these documents were available for
review. For anyone to come to a public hearing and demand to be shown
benefits and impacts — the answer is — we have the data — we have had it
and it has been available. Mr. Beane feels that what Mr. Konigsberg is
doing here tonight is not fair and he is personally disappointed in how this
public hearing is going. Mr. Konigsberg and everyone else here knows
this wasn't pulled out of a briefcase tonight and this whole Village knows
this has been an ongoing discussion for a very long time.
Mayor Feinstein added that Mr. Konigsberg wanted to know what the
impacts are on his property and he has received his answer — there are no
impacts. When we reviewed the site plan back in September, one of the
things discussed was the impacts. We talked about Avon — Bowman —
Westchester Avenue — Hidden Falls as well as properties upstream. We
did not want to take any action if there was any adverse affect anywhere in
the village including Mr. Konigsberg's property. We would not make
things better on Wyman and hurt someone else in the process.
Katherine Hay of 4 Wyman Sheet addressed the Board stating that she is
not an engineer and not an attorney but just a homeowner. It seems to her
that if the sluice gate will prevent the "rush" of water when flooding
occurs, then Mr. Konigsberg's property would benefit more then her
property will in her opinion.
Mr. Weiss explained that the process is the discharge rates are determined
first and then the process becomes time dependent. The discharge is
reduced from the gate downstream. It also delays the time it takes the
water to overtop — it won't prevent it but it will delay it and in a storm
event—time makes all the difference. In terms of data it very much trends.
When you evaluate it you don't make changes in one year increments, but
in decades.
As there were no further questions or comments, Mayor Feinstein called
for a motion to close the Public Hearing and on a motion made by Trustee
Brown and seconded by Trustee Rednick, the hearing was closed and Mr.
Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mr. Bradbury read the resolution:
CONSIDERING A PROPOSED SITE PLAN APPLICATION
REGARDING THE INSTALLATION OF A SLUICE GATE ON
BOWMAN AVENUE
WHEREAS, the City of Rye and the Village of Rye Brook participated
in a March 2008 Flood Mitigation Study (the "Study") of the Bowman Avenue
Dam Site and Lower Pond prepared by Chas. H. Sells, Inc. to analyze flood
damage reduction measures and to identify certain projects that may assist in
flood mitigation; and
WHEREAS, in this Study, Chas. H. Sells, Inc. recommended that the
City of Rye and the Village of Rye Brook consider the implementation of a
sluice gate (the "Project") at the Bowman Avenue dam on property owned by
the City of Rye; and
WHEREAS, the City of Rye and the Village of Rye Brook have
received grant assistance to offset the $2.2M total estimated cost of the
Project; and
WHEREAS, on April 15, 2009 the City Council of the City of Rye
approved a Resolution declaring itself to be Lead Agency for this Project
pursuant to the New York State Environmental Quality Review Act
("SEQRA") based on its review of the Full Environmental Assessment Form
("EAF"), the criteria listed in 6 NYCRR 617.7(C), and other records, and
adopted a Negative Declaration; and
WHEREAS, on September 13, 2011 the Village Board of Trustees
approved an Inter-municipal Agreement ("IMA") for the construction,
operation and maintenance of the sluice gate project and authorizing the
contribution of up to $136,710 in Village funds towards this Project; and
WHEREAS, on September 16, 2011 the Village received a site plan
application by the City, of Rye ("Applicant") to improve the existing Bowman
Avenue Spillway with the installation of a new electrically-controlled sluice
gate, back-up power generator, and a maintenance access driveway, on
property owned by the City of Rye but located within the Village of Rye
Brook and the Town/Village of Harrison along the south side of Bowman
Avenue and designated as Section 141.26, Block 1, Lot 2 on the Town of Rye
Tax Map in the R-10 Zoning District and the Bowman Avenue Scenic Roads
Overlay District ("Property"); and
WHEREAS, due to the applicant's status as a municipality, the Village
Board of Trustees considered a host of factors pursuant to Matter of County of
Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988), to
determine whether it is in the best interests of the public for the Application
of the City of Rye to be subject to the Village of Rye Brook's local land use
regulations; and
WHEREAS, on September 27, 2011, the Board of Trustees resolved
that the subject application shall be subject to the Village of Rye Brook's local
land use regulations to the extent set forth in its September 27, 2011
Resolution; and
WHEREAS, on September 27, 2011, the Board of Trustees resolved
to retain approval authority for the City of Rye's applications for approval of a
Site Plan, Steep Slopes Permit and a Permit to Perform Regulated Activities in
a Wetland; and
WHEREAS, on September 27, 2011, the Board of Trustees referred
the application to the Village of Rye Brook Planning Board for Report and
Recommendation; and
WHEREAS, the Planning Board reviewed the application at its
October 13, 2011, November 10, 2011 and January 12, 2012 meetings and
referred a positive Report and Recommendation to the Board of Trustees on
January 12, 2012; and
WHEREAS, the Board of Trustees has reviewed the following plans
and application materials:
1. Site Plan Application and Checklist
2. Exterior Building Permit Application
3. Environmental Assessment Form (EAF) Parts 1, 2, and 3
4. Letter to the City of Rye Engineering Department from the Village
Building Inspector dated August 8, 2011
5. Letter to the Rye Brook Board of Trustees regarding construction
management from WSP Sells, Briarcliff Manor, N.Y. dated December
21, 2011
6. Letter to the Planning Board from WSP Sells, Briarcliff Manor, N.Y.
dated November 10, 2011
7. Letter to the Planning Board from WSP Sells, Briarcliff Manor, N.Y.
dated October 26, 2011
8. Letter to the Village from the Westchester County Planning Board
dated October 31, 2011
9. Letter to the Village Building Inspector from WSP Sells, Briarcliff
Manor, N.Y. dated September 16, 2011
10. Tree Condition Assessments prepared by SavATree Consulting Group,
Bedford Hills, N.Y. dated November 7, 2011
11. Engineer's Plans, prepared by WSP-Sells, Briarcliff Manor, N.Y.:
Sheet Number Sheet Title Dated
1 of 26 Title SheetlIndex October 2011
2 of 26 General NoteslLegendlQuantities October 2011
3 of 26 Project Location Plan January 2012
4 of 26 Site Plan October 2011
5 of 26 Kestoration Landscape Plan January 2012
6 of 26 Landscape Details January 2012
7 of 26 Tree PresenationlProtection Plan 1 January 2012
7A of 26 Tree PreservationlProtection Plan 2 January 2012
8 of 26 Construction Details October 2011
9 of 26 Sluice Gate Details October 2011
10 of 26 Mechanicals and Controls Pad October 2011
11 of 26 Stage Station Location I October 2011
12 of 26 Stage Station Location 2 October 2011
13 of 26 Stage Station Location 3 October 2011
1 of 1 Overall Existing Plan October 26,
2011 1 of 1 Construction Management Plan
December 16, 2011
1 of 1 Deed Plotting with Topogrccply and
Proposed fork Locations January 6,
2012; and
WHEREAS, the Village Planning Consultant, Village staff, Planning
Board and Board of Trustees reviewed the information, submitted comments
and made recommendations regarding the site plan, the landscape plan,
zoning, grading, tree protection, storm water management, erosion and
sediment control and the construction management plan, and the plans were
revised according to the comments; and
WHEREAS, on November 22, 2011 a public hearing was opened on
the subject application and continued to December 13, 2011 and January 24,
2012, at which time all persons interested were given an opportunity to speak
on behalf of or in opposition to said application and the Village Board closed
the public hearing on January 24, 2012; and
WHEREAS, the Board of Trustees has considered the wetland permit
standards set forth at Village Code § 245-8(A) and recognizes the Applicant
has proposed to provide sufficient restoration of the wetland buffer proposed
to be disturbed; and
WHEREAS, the Board of Trustees has considered the steep slopes
work permit standards set forth at Village Code 5213-6 and recognizes the
Applicant has eliminated all proposed extremely steep slopes (35% or greater)
so that the maximum proposed slopes are now 30% or less and sufficient
slope stabilization is proposed; and
WHEREAS, the Board of Trustees is familiar with the site and all
aspects of the project.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye
Brook Board of Trustees hereby grants, on the recommendation of the Village
Superintendent of Public Works/Engineer and the Village Planning Board,
the Applicant's request for a waiver from the requirement of Village Code
§209-3(c)(2)(b) that a standard topographic survey for the entire property be
submitted with the application; and be it
FURTHER RESOLVED, for the reasons stated herein, that the
Village of Rye Brook Board of Trustees hereby approves the site plans listed
herein to improve the existing Bowman Avenue Spillway with the installation
of a new electrically-controlled sluice gate, back-up power generator, and a
maintenance access driveway, for property known and designated on the tax
map of the Village of Rye Brook Section 141.26, Block 1, Lot 2, shown on the
set of plans listed above, upon the following condition:
1. The 17 proposed replacement trees required pursuant to Chapter
235 of the Village Code shall be revised to the satisfaction of the
Village Engineer/Superintendent of Public Works to be a mix of at
least three native, non-invasive, hardwood tree species.
2. Prior to the issuance of a building permit the Applicant shall obtain
from the Village Superintendent of Public Works/Engineer
approval of the Construction Management Plan and the Erosion
and Sediment Control Plan; and be it
FURTHER RESOLVED, that the Board of Trustees hereby grants a
Permit to Perform Regulated Activities in a Wetland for property known and
designated on the tax map of the Village of Rye Brook as Section 141.26,
Block 1, Lot 2, shown on the set of plans listed above, subject to the following
conditions:
1. The Wetland Permit shall be valid for a period of one year from the
date of this resolution, however, an extension of an original permit
may be granted upon written request to the Board of Trustees by
the original permit holder or his/her legal agent at least 90 days
prior to the expiration date of the original permit.
2. The written Wetland Permit issued pursuant to this approval shall
contain the following conditions pursuant to Section 245-11(B) of
the Village of Rye Brook Code:
a. Work conducted under a permit shall be open to inspection at
any time, including weekends and holidays, by the approval
authority, the Advisory Council on Environmental
Conservation, the Village Engineer or their designated
representatives.
b. All permits issued under this chapter shall be void and of no
effect after one year from the date of issue thereof, unless the
work for which the permit was issued has been actually
commenced and not been abandoned during that period. In
such cases, the applicant may reapply for a wetlands permit
from the approval authority in accordance with the provisions
of this chapter. If the work for which the permit was issued has
commenced within one year from the date of issuance of the
permit, such permit may be renewed by the approval authority
in accordance with the renewal provisions set forth at � 245-
5(B)(7) of the Village Code.
c. The permit holder shall provide written notification to the
Village Engineer of the date on which the regulated activity is to
begin at least five business days in advance of such date.
d. The approval authority's permit shall be prominently displayed
at the project site during the undertaking of any of the activities
authorized by the permit.
e. The boundaries of the regulated activity and all wetlands and
watercourses shall be stated and appropriately marked in the
field so as to make the boundaries visible.
f. The permit, including all conditions, shall be binding on all
successors and assignees of the permit holder; and be it
FURTHER RESOLVED, that for the reasons stated herein, the
Village of Rye Brook Board of Trustees hereby grants a Steep Slopes Work
Permit for property known and designated on the tax map of the Village of
Rye Brook as Section 141.26, Block 1, Lot 2, shown on the set of plans listed
above, subject to the following condition:
1. The Applicant shall be responsible for maintaining, repairing and
monitoring the stability of the steep slopes to the design standards
intended, requirements of the Village Code and to the satisfaction
of the Village Superintendent of Public Works/Engineer and/or
consultants.
On a motion made by Trustee Brown and seconded by Trustee
Marrow, the resolution was approved.
Discussion
Mayor Feinstein asked in paragraph f about the successors and the
assigned clause — discussion with Mr. Beane — conditions continue in full
force and effect and that any assignment would not change anything in
force.
Mr. Beane added that if for some reason it happens regardless of why, the
Village is protected.
Mayor Feinstein does not want this obligation assignable to anyone.
Trustee Rednick asked if maybe it was a requirement of the code
Mayor Feinstein added that there is language in this resolution about the
construction management plan. When it is done and finalized she would
like to make sure that there is sensitivity to the Port Chester Middle
School so that there is no adverse impact during school hours.
Mr. Bradbury confirmed Trustee Rednick was correct that the language
regarding assignment is required by the code.
Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mayor Feinstein thanked WSP Sells and all involved in this application
which has been ongoing for 5 or 6 years and expressed her thanks to the
City of Rye for working with us to benefit the residents of Rye and Rye
Brook. She also thanked the County and State for their financial support.
2. Public Hearing to consider the discontinuance of certain sidewalks
throughout the Village
Mayor Feinstein gave a brief overview explaining that we have been
discussing this on and off for years. In some areas there is a patchwork of
sidewalks that lead to nowhere and she thanked a resident of Hillcrest who
brought it to the Boards attention again. There is liability concern for the
residents also who have to maintain the sidewalks. The residents are split
— some want them to stay and some don't. If the sidewalks are not
maintained, the village can put them on notice and that transfers the
liability to the homeowner. Notices have been sent to all residents in the
area in question and we want to hear from them.
Mr. Bradbury added that we have to make sure the sidewalks are
maintained or they become a liability. If the Village decides that the
sidewalks will be removed — they are in the public right away so the
highway staff can assist in the removal. When that happens a saw cut will
be made to the street, the side walk removed and replaced with fill and
seeded all at the village's expense.
Mr. Fiore of 26 Woodland Avenue does not want the sidewalk. There is
no foot traffic —he has no sidewalk now and it would require the removal
of a tree and he is completely opposed. If this is truly a safety issue then
you would have to put sidewalks in all over the place. He also believes it
takes away from the look of the village and makes it more city like.
Anna Valenta owns two homes — one on Woodland Avenue and one on
Hillcrest and is upset because she did not receive a notice at either home.
He has a sidewalk in front of both of her homes and understands now that
the sidewalk on Hillcrest would remain but the sidewalk on Woodland
could potentially come out. She asked if the Village had a program in
place that assisted homeowners with sidewalk repair. Mayor Feinstein
responded that sidewalks are the homeowner's responsibility to maintain.
Doris Borzoni of 60 Woodland Avenue addressed the Board and advised
that she too never received a notice for this meeting. She has no sidewalk
and is fine with that.
Mayor Feinstein added that it was the recommendation of staff to remove
sidewalks that are not contiguous with each other for safety purposes. She
thinks it would be unfair to have different results on different streets and
she is comfortable removing them.
Mr. Bradbury added that if there is a sidewalk in disrepair it is awkward to
ask the homeowner to repair it when the neighbors don't have sidewalks at
all.
Trustee Brown supports this because of safety and liability and does not
draw a distinction with respect to the fact that it may be outside one
persons home and not another. We have sidewalks throughout Rye Brook
that people are required to shovel for example and others don't have them
at all.
Trustee Rednick was hoping for a lot more people to come out so he could
hear what they had to say. He too is concerned about safety and hopes that
maybe in the future we can get a grant to have some sidewalks. Absent the
presence of the public he is changing his mind to go with the
recommendations of staff.
Anna Valenta does not think that it's fair that some people have to pay to
maintain sidewalks and the others that don't have them don't have to.
There are 3 houses on Hillcrest that do not have sidewalks and she does
not believe it is fair especially since the Village does not assist with the
cost of repairs.
Dean Santon of Hillandale Road addressed the Board stating that this
started quite a while ago and he commends this Board for finally
addressing this issue as in his opinion it makes no sense to have non
contiguous sidewalks. It is not fair to the homeowner and he believes
people would rather look at green space then concrete. The burden falls
typically on the homeowner and while Port Chester does go half if
sidewalks are being replaced they don't go half on the shoveling or
maintenance.
Mayor Feinstein thanked the public for their input and she is happy to be
finally taking action.
As there were no further questions or comments, on a motion made by
Trustee Rednick and seconded by Trustee Brown, the Public Hearing was
closed and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mr. Bradbury read the resolution:
CONSIDERING THE DISCONTINUANCE OF CERTAIN SIDEWALKS
THROUGHOUT THE VILLAGE
WHEREAS, the Village of Rye Brook has done a comprehensive review
of the sidewalks throughout the village and has determined there are areas with
sidewalks that are not uniform or inconsistent and have been removed over the
years in sections; and
WHEREAS, at the June 28, 2011 Board of Trustees meeting a discussion
item was placed on the agenda regarding sidewalks and residents were
encouraged to provide their opinion on said topic; and
WHEREAS, the village proposes the discontinued use of the sidewalks
on Hillcrest Avenue (west side only), Irenhly Avenue, Whittemore Place and
Woodland Avenue; and
WHEREAS, the village desires the continued use of the sidewalks on the
eastern side of Hillcrest Avenue; and
WHEREAS, the proposed discontinuance of certain sidewalks throughout
the Village is classified as an Unlisted action pursuant to the New York State
Environmental Quality Review Act ("SEQRA").
WHEREAS, on November 8, 2011 the Board of Trustees opened a public
hearing on the subject and at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to the discontinuance of certain
sidewalks throughout the village and the public hearing was closed on January 24,
2012.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
hereby approves the discontinuance of the following sidewalks:
Hillcrest Avenue (west side only)
Irenhyl Avenue
Whittemore Place
Woodland Avenue
On a motion made by Trustee Rednick and seconded by Trustee Marrow,
the resolution was adopted and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
3. Considering entering into an IMA with the City of Rye and the
Town/ Village of Harrison for the Construction, Maintenance and
Operation of a Sluice Gate Project
Mr. Bradbury read the resolution:
CONSIDERING ENTERING INTO AN INTERMUNICIPAL AGREEMENT
WITH THE CITY OF RYE AND THE TOWN/VILLAGE OF HARRISON
FOR THE CONSTRUCTION,MAINTENANCE AND OPERATION OF A
SLUICE GATE
WHEREAS, the City of Rye and the Village of Rye Brook submitted an
application to the Westchester County Flood Action Program for a Sluice Gate project
at the Bowman Avenue Spillway and funding for this program was awarded with a Rye
Brook local share of $136,710.00, representing 20% of the municipal share for the
project with a total budget of$2,221,100.00; and
WHEREAS, on April 15,2009 the City Council of the City of Rye approved a
Resolution declaring itself to be Lead Agency for this Project pursuant to the New York
State Environmental Quality Review Act("SEQRA") based on its review of the Full
Environmental Assessment Form ("EAF"), the criteria listed in 6 NYCRR 617.7(C), and
other records, and adopted a Negative Declaration; and
WHEREAS, the Sluice Gate project is located on property owned by the City
of Rye but located partially in the Village the Rye Brook and partially in the Town/
Village of Harrison; and
WHEREAS, the City of Rye is currently pursuing Site Plan approval, a Permit
to Perform Regulated Activities in a Wetland and a Steep Slopes Permit from the Village
of Rye Brook Board of Trustees; and
WHEREAS, the Town/ Village of Harrison has issued all necessary approvals
for that portion of the Sluice Gate project within the Town/ Village of Harrison; and
WHEREAS, an Intermunicipal Agreement concerning the construction,
maintenance and operation of the Sluice Gate was previously entered into between the
City of Rye and the Village of Rye Brook following the Village of Rye Brook Board of
Trustees' September 13, 2011 approval of the Intermunicipal Agreement; and
WHEREAS, the City of Rye, Village of Rye Brook and Town/ Village of
Harrison desire to add the Town/ Village of Harrison as a part= to the Intermunicipal
Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of
the Village of Rye Brook hereby rescinds its September 13, 2011 approval of the
Intermunicipal Agreement between the City of Rye and the Village of Rye Brook; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of
Rye Brook hereby approves the Intermunicipal Agreement between the City of Rye,
Village of Rye Brook and Town/ Village of Harrison for the construction, maintenance
and operation of the proposed Sluice Gate; and
BE IT FURTHER RESOLVED, that the Mayor and Village Administrator
are authorized to sign and execute any and all documents necessary to accomplish the
purpose of this resolution.
On a motion made by Trustee Marrow and seconded by Trustee Rednick, the
resolution was adopted and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
4. Referring an application by TD Bank, NA for site plan approval at
101-5 South Ridge Street to the Planning Board for report and
recommendation and to the Zoning Board of Appeals
As there is no representative here for this application and this Board would like an
overall review of what the project is, it will be held over to February 14, 2012
On a motion made by Trustee Rednick and seconded by Trustee Marrow, the
application was adjourned and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
5. Considering the donation of items from the owners of 39
Hillandale Road
Chris read resolution:
CONSIDERING THE DONATION OF ITEMS FROM THE OWNERS OF
39 HILLANDALE ROAD
WHEREAS, the owners of 39 Hillandale Road desire to donate items to
the Friends of Rye Brook.
NOW, THEREFORE BE IT RESOLVED, that the Village Board of
Trustees on behalf of the Friends of Rye Brook hereby accepts the donation of the
following item from Dean P. Santon for the estimated value as provided by the
owner:
1) Custom-made, 3 piece black upholstered sectional sofa with semi-
circular footprint that is approx. 10.5 feet wide and approx. 6.5 feet
deep
a. Estimated Value: $4,500; and
BE IT FURTHER RESOLVED, that the Village Board of Trustees on
behalf of the Friends of Rye Brook hereby accepts the donation of the following
items from Hilary E. Condit for the estimated value as provided by the owner:
l) Kettler"Stockholm Westherproof' (Model 7162) table tennis table
a. Estimated Value: $850
2) SunarHauserman solid maple 68.75" long x 21" deep x 28"high
credenza
a. Estimated Value: $1,000
3) Haworth 5-drawer metal file cabinet that is 30"wide x 18" deep x 63"
high
a. Estimated Value: $450
On a motion made by Trustee Rednick and seconded by Trustee Brown, the
resolution was adopted and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mayor Feinstein accepted on behalf of the Friends of Rye Brook and thanked Mr.
Santon for his generosity.
Mr. Bradbury advised that the sofa will go to the Firehouse, the tennis table will
go to the Camp and the credenza will go to the Senior Center. The file cabinet
will be kept in Village Hall for additional storage at this time.
6. Considering the appointment of an Arbors Development
Standards Task Force
Mr. Bradbury read the resolution:
CONSIDERING CREATING AND APPOINTING MEMBERS TO AN
ARBORS DEVELOPMENT STANDARDS TASK FORCE
WHEREAS, any amendments to the Arbors Planned Unit Development
(PUD) currently requires a formal site plan amendment; and
WHEREAS, the Village of Rye Brook desires to consider legislation that
would establish development standards for the Arbors PUD that would allow
certain projects to be built without a full site plan amendment; and
WHEREAS, the Village intends to establish a task force to work with
Village counsel to prepare and recommend draft legislation for this purpose for
consideration by the Village Board.
NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook
hereby creates an Arbors Development Standards Task Force to work with
Village counsel to prepare and recommend draft legislation establishing
development standards for consideration by the Village Board; and be it
FURTHER RESOLVED, the following members are hereby appointed
to the Arbors Development Standards Task Force:
Joan Feinstein, Mayor(Task Force Chair)
Christopher Bradbury, Village Administrator
Michael Izzo, Building Inspector
Michal Nowak, Supt. of Public Works/Engineering
Edward Beane, Village Attorney
Marilyn Timpone-Mohamed, Village Planning Consultant
Darcy Gibson, Arbors Representative, 128 Brush Hollow Crescent, Rye
Brook(owner) and , 4 Kirby Lane N, Rye 10580, (Residence).
A motion was made by Trustee Rednick and seconded by Trustee Brown.
Mayor Feinstein gave an overview explaining that the Arbors is a PUD and when
improvements are made a site plan amendment has to be submitted to the Village.
We had a discussion with The Arbors of having a stream line approach where
some improvements would not require a site plan amendment which would
reduce the cost, give certainty to the Arbors and the homeowners as well as the
Village.
Mr. Bradbury added that Mr. Beane, Village Counsel, will be working with the
task force as well.
Trustee Brown stated that from when the Arbors was first established, based on
the PUD requirements, someone making a minor change to their home would
have to make a site plan amendment which is extremely expensive. This will ease
the burden on the homeowner by creating guidelines to streamline these minor
changes. He also suggested that maybe an entire amendment be done every so
many years that will encompass all changes made and he would like the
committee too discuss that as well.
Dean Santon of Hillandale Road addressed the Board. The Arbors is first of three
PUD's and they were the first anywhere in the Town of Rye. It has been over 2
years since they formally came before the Board and he would like to know the
status of the site plan application and when it will become public.
Mayor Feinstein responded that there have been many road block and many issues
but 2011 showed a lot of progress with excellent communication and she expected
that it would be completed soon.
Mr. Beane added that they are done with all review and wait for the final
submission to be filed.
Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW RECUSED
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
7. Setting a public hearing on a site plan application from United Water to
install seven (7) automatic water meter reading sites
Chris Graziano from United Water addressed the Board stating they are before the
Board tonight to have the Public Hearing set and to answer any questions.
Mr. Bradbury read the resolution:
SETTING A PUBLIC HEARING FOR UNITED WATER WESTCHESTER
INC.'S SITE PLAN APPLICATION TO INSTALL AUTOMATIC WATER
METER READING SITES
WHEREAS, Edward Hackney has submitted a site plan application on
behalf of the owner, United Water Westchester Inc. (UWW), to consider the
installation of automatic water meter reading sites ("Water Meters") at various
locations in the Village; and
WHEREAS, the Board of Trustees of the Village of Rye Brook has
determined that the proposed amendments are a Type II Action and are therefore
not subject to the requirements of the State Environmental Quality Review Act
("SEQRA"); and
WHEREAS, the Planning Board of the Village of Rye Brook has
submitted a Report and Recommendation to the Board of Trustees.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
of the Village of Rye Brook shall hold a public hearing on February 14, 2012 at
7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider
UWW's site plan application to consider the installation of automatic water meter
reading sites at some of the following proposed locations in the Village:
1) UWW BelleFair Pump Station (700 Anderson Hill Road)
2) BelleFair Blvd Bell House at Club House
3) Pine Ridge Park Flag Pole
4) Rye Brook Athletic Fields Flag Pole
5) Edgewood Drive Right-of-Way
6) Neuton Avenue Right-of-Way
7) Parkwood Place Right-of-Way
8) North Ridge Street at the Hutch
9) Fairlawn Parkway at Country Ridge Drive; 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 by placing appropriately sized signs identifying the owner, purpose, and
public hearing date and location at each proposed location at least seven days
prior to the public hearing and mailing notice to the owner of each property within
100 feet of the closest parcel on the side of the pole.
After a motion by Trustee Rednick seconded by Trustee Marrow, a question and
answer period followed as well as a power point presentation.
Mayor Feinstein noted that United Water has been before the Planning Board and
this Board has reviewed their report and recommendation. The Planning Board
proposed an alternate location for one proposed pole and completely rejected
another.
Mr. Graziano from United Water responded that we came here and did an
engineering study. They need these antennas to make the system work—the more
we try and move them — the more of them they become. They original proposal
was set up to be the minimum amount of antennas so there are no gaps in the
coverage.
Mayor Feinstein asked what happens if you don't get one of these proposed
locations.
United Water responded that they need to build coverage. If they don't get the
optimum spots they may need additional sites.
United Water then proceeded to give a slide show presentation showing the
locations and answering questions.
Mayor Feinstein believes the people impacted will see the signs and written
notification is not necessary and also feels that 250 feet is overdoing it. Trustee
Rednick disagrees as he believes that the homeowners need to be notified and that
maybe the footage could be reduced to 100 feet from the proposed locations.
After further discussion it was the determination of the Board to notice 100 feet
from the closest lot to the proposed poles. No notices need to be done for the
flagpole sites or BelleFair. Notifications should also be sent to the proposed
alternate sites.
Mr. Burke called the roll:
TRUSTEE BROWN ABSENT
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
8. Considering an IMA with the Blind Brook School District to bid
sanitation services
Mr. Bradbury read the resolution:
CONSIDERING AN IMA WITH THE BLIND BROOK SCHOOL
DISTRICT TO BID SANITATION SERVICES
WHEREAS, the Blind Brook School District desires to join the Village of
Rye Brook's bid for sanitation services; and
WHEREAS, in order for the Blind Brook School District to jointly bid
with the Village for sanitation services an IMA must be approved.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
of the Village of Rye Brook authorizes the Village to enter into an Inter-municipal
Agreement with the Blind Brook School District to jointly bid sanitation services;
and
BE IT FURTHER RESOLVED, that the Mayor and Administrator are
authorized to sign all necessary documents to implement the Inter-municipal
Agreement.
A motion was made by Trustee Rednick and seconded by Trustee Marrow.
Mayor Feinstein explained that the school knew the Village was going out to bid
and asked if they could join.
Mr. Bradbury added that we might get better prices if we bid at the same time.
Bidders would be allowed to bid on one or both. He advised of one small change
to the IMA having to do with the cost — the school district wanted to make sure
they were made aware of any additional costs in regard to advertising.
Trustee Brown asked if there would be multiple options to which Mr. Bradbury
responded no, separate stand alone bids. If we were to combine it and require
them to bid on both there might be a problem if someone else provided a lower
price for just the school.
Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
9. Considering the appointment of election inspectors
Mr. Bradbury read the resolution:
INSPECTORS OF ELECTION
VILLAGE OF RYE BROOK—MARCH 20,2012
RESOLVED,that pursuant to Section 15-116 of the Election Law, there shall be a minimum of
two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday,
March 20, 2012 from 7:00 a.m. to 9:00 p.m.; and be it
FURTHER RESOLVED, that the Village Clerk may adjust the locations of the appointed list
of inspectors in the event there are vacancies or other operational changes are necessary; and be it
FURTHER RESOLVED, the Village Board hereby expands the residency requirements for
election inspectors to encompass Westchester County;and be it
FURTHER RESOLVED,that the following Chairpersons, Inspectors of Election and Alternate
Inspectors be hereby appointed:
#20 SY VINOPOLL CHAIR 48A AVON CIRCLE PCMS
#20 MARY HAEGER 56 C AVON CIRCLE PCMS
#21 JAMES KOLOK CHAIR 493 FRANKLIN STREET PCMS
#21 GERALDINE KOLOK 493 FRANKLIN STREET PCMS
#22 PAT WAGNER CHAIR 8 WOODLAND AVENUE BBHS
#22 BARBARA NARDI 10 WOODLAND AVENUE BBHS
#23 MARIE MARTIN CHAIR 19 PERRY AVENUE- PORT CHESTER RSS
#23 MARILYN KOWALCYK 71D AVON CIRCLE RSS
#26 MILDRED DISANTO CHAIR 151 NORTH RIDGE STREET PCHS
#26 JIM DISANTO 151 NORTH RIDGE STREET PCHS
#27 MIKE BORCHETTA CHAIR 501 FRANKLIN STREET RSS
#27 JUNE BORCHETTA 501 FRANKLIN STREET RSS
#29 MARION AICHER CHAIR 17 ROCKRIDGE DRIVE RSS
#29 EMILY GROGLIO 5 PADDOCK ROAD RSS
#29 ANNEMARIE MARINO 45 WINDSOR ROAD RSS
#30 LINDA FRICKE CHAIR 108 OLD ORCHARD ROAD BBHS
PHYLLIS
#30 FRATARCANGELI 147 NORTH RIDGE STREET BBHS
#31 CHRIS DUNIGAN CHAIR 6 HIGH POINT CIRCLE BELLEFAIR
DEBORAH MORRIS-
#31 DAUM 26 LEGENDARY CIRCLE BELLEFAIR
ALTERNATES:
BARBARA CELESTINO 325 KING STREET PORT CHESTER
JUDY UHRY 19 ROCKRIDGE DRIVE RYE BROOK
JEAN MENDICINO 81 HILLCREST AVENUE RYE BROOK
MARYANN BUCCI 20 PRISCILLA LANE PORT CHESTER
On a motion made by Trustee Rednick and seconded by Trustee Marrow, the
resolution was adopted and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
10. Considering a snow and ice agreement with New York State Department
of Transportation for the 2012/2013 snow season
Mr. Bradbury read the resolution:
CONSIDERING A SNOW AND ICE AGREEMENT
WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION
FOR THE 2012/13 SNOW SEASON
RESOLVED, that the Village of Rye Brook is authorized to enter into
extensions of the indexed lump sum municipal snow and ice agreement
(#DOI0779) with the State of New York, Department of Transportation until June
30, 2013 under which the Village of Rye Brook will receive payment up to
$17,673.60 for the 2012/13 snow season, per year 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 Rednick and seconded by Trustee Marrow, the
resolution was adopted and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
11. Considering the authorization of an inter-municipal agreement with the
County of Westchester to continue participation in the Selective
Enforcement for Traffic Safety (STEP) grant program
Mr. Bradbury read the resolution:
CONSIDERING THE AUTHORIZATION OF AN INTER-MUNICIPAL
AGREEMENT WITH THE COUNTY OF WESTCHESTER
TO CONTINUE PARTICIPATION IN THE SELECTIVE
ENFORCEMENT FOR TRAFFIC
SAFETY (STEP) GRANT PROGRAM
WHEREAS, Westchester County receives grant funds from the
New York State Governor's Traffic Safety Committee each year to administer a
program of Selective Enforcement for Traffic Safety; and
WHEREAS, Westchester County desires that the Village of Rye Brook
participate in the program in order to reduce the rate of preventable traffic
accidents and fatalities in Westchester County by increasing public awareness
through traffic safety enforcement; and
WHEREAS, the Village of Rye Brook desires to participate in the
Westchester County Selective Enforcement for Traffic Safety Grant Program.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
of the Village of Rye Brook authorizes the Village to enter into an Inter-municipal
Agreement with the County of Westchester for Selective Enforcement for Traffic
Safety Grant for the period of October 1, 2011 through September 30, 2016; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all
necessary documents to implement the Inter-municipal Agreement.
On a motion made by Trustee Rednick and seconded by Trustee Marrow, the
resolution was adopted and Mr. Burke called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
ADMINISTRATOR'S REPORT:
There has been a lot of discussion regarding implementing an indoor farmers
market. They are becoming more and more popular and through the Quality Task
Force, Liz Rotfeld and Shari Melillo have been working together to get an indoor
farmers market up and running at AJP. That will hopefully take place in February
and will be advertised in the Westmore News.
Coyote trapping ends February 15th
Highway and Parks did a good job last weekend with the snow event. A new brine
was used to allow us to stretch the use of salt as it makes the snow melt quicker
and is also environmentally friendly.
The Port Chester-Rye Brook Library will hold its grand re-opening on Saturday,
February 4th
The Village has just completed our FEMA submission for the August storms. The
requested reimbursement amount was $82,755 and it appears we may be
reimbursed 87% or $72,000
Mayor Feinstein advised that at the next Board meeting on February 14 the
auditors will be in attendance to give an update on last years audit. On that date,
she will also give her State of The Village at 7pm.
On a motion made by Trustee Brown and seconded by Trustee Rednick, the
meeting was adjourned at 11:20pm