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HomeMy WebLinkAbout2012-02-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 14, 2012-7:30 P.M. 7:00 P.M.–Mayor Joan L. Feinstein State of the Village Address ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: 1) Auditors Report for fiscal year ending May 31, 2011 PUBLIC HEARINGS: 1) Public hearing on a proposed site plan for the installation of automated water metering infrastructure by United Water Westchester Inc. at various sites throughout the village RESOLUTIONS: 1) Considering approving a site plan for the installation of automated water metering infrastructure by United Water Westchester Inc. at various sites throughout the village 2) Considering a request to use the Rye Brook Athletic Fields at King Street for an event to promote homeless awareness 3) Referring an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners Association to the Planning Board for report and recommendation 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 1 5) Referring an application by for approval of a special permit and site plan amendment application for a one car garage at 1100 King Street (Reckson) to the Planning Board for report and recommendation 6) Considering a special permit renewal of existing facility at 211 South Ridge Street for an existing telecommunication facility 7) Referring an application for a proposed site plan amendment for Rye Ridge Shopping Center to the Zoning Board of Appeals 8) Considering a renewal agreement with South East Consortium for Special Services, Inc. 9) Considering a capital project fund transfer for police vehicles l 0)Considering the approval of minutes—December 13, 2011; January 10, 2012 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein 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 Mayor Feinstein wished everyone a Happy Valentine's Day and while she understood it was not the most ideal night for a board meeting, this was a regularly scheduled meeting. 2 Mayor Feinstein also made note of the passing of Past Port Chester Mayor Peter Iasillo and asked everyone for a moment of silence in his memory. REPORT: 1) Auditors Report for fiscal year ending May 31, 2011 Mr. John Cosgrove and Ms. Leslie Tillotson of O'Connor Davies, Auditors for the Village, addressed the Board and gave a very positive report. Mr. Cosgrove made note that the Village, in terms of debt, is at the top 25% of Villages with small debt. Rye Brook's debt is approximately$6,000,000. Mayor Feinstein thanked them for their report and added that she believes the small debt can bet attributed to Rye Brook still being a very young village at 30 years old. She also noted that the Financial Reports will be available on our web site for the public to view. PUBLIC HEARINGS: 1) Public hearing on proposed site plan for the installation of automated water metering infrastructure by United Water Westchester Inc. at various sites throughout the Village of Rye Brook On a motion made by Trustee Rednick and seconded by Trustee Marrow, the Public Hearing was opened and Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Chris Graziano, Director of Operations for United Water of Westchester, addressed the Board and gave a brief overview of the application and explained that basically this is putting new technology to work which in its basic form will allow all the water meters to be read on a daily basis and from the information retrieved by the system, analyze the data. From the information gathered they will be able to do a"water balance"which is basically what goes in and what goes out on a daily basis and from there they can look for the lost water in each particular system. Mayor Feinstein asked them to go through the proposed locations noting that the Planning Board made recommendations and asked for alternate locations for two of the proposed sites, Parkwood Place and Hillcrest Avenue. In regard to Parkwood Place—two alternative locations were proposed— one on Ridge Street at the southbound exit of the Hutchinson River Parkway and the other on Fairlawn Parkway. 3 Mr. Graziano explained that they have done radio surveys to allow them to use the system with the least amount of poles. If you move one that is in an optimum location such as Parkwood because of its elevation,you have to replace that pole with two. If we move anymore poles, more poles will have to be added and they are trying to avoid that. The way the sites were chosen was based on the fact that the three communities slope down to the Long Island Sound. In Rye Brook, they started at the top which was BelleFair and worked their way down. The higher the antenna the more area that can be covered so they focused on the high points rather then the low points. United Water then gave a list of the proposed pole sites and explanations as to why they were chosen. Mayor Feinstein asked for comments from the public. Dr. Poplowski of 61 Country Ridge Drive—He attended the Planning Board meeting and spoke there as well. He believes that no one in Rye Brook wants one of these poles in front of their house and he also believes that the Water Company's ultimate goal is to save money by eliminating the position of the person that drives around and obtains this very same information and he also believes, because of a notice in his water bill, that the Water Company is in violation of a filtration requirement accusing them of not providing us with clean water. He believes that if this Board votes yes on this when no one wants it, it would be a crime. Mr. Graziano responded that this application has nothing to do with saving money on labor as we will still be billed the same way we are now and that this is not a labor issue. As for the notification of violation, in 1997 the EPA came out with the filtration notice— it's the same notice that was used for 15 years at their sister company in New Rochelle. He adamantly stated that there is nothing wrong with the water as it is sampled the same way and meets the same standard. The water for this system is purchased from other companies—it is perfectly safe and exceeds all required standards. Mr. Bradbury added that there is also water purchased from Connecticut that does go through a filtration system. Mr. Les Tolchin of 18 Parkwood Place also addressed the Board. He has been a resident since 1985 and stated that no one has a major gripe with this water company or any other water company except for their rates. He will not speak for the other locations throughout the town nor does he like the idea of putting one location up against the other but we heard that Parkwood Place is a high point in a denser area and that it was noticed as a cul de sac and the least amount of people will see it. He read a statement from the residents of Parkwood Place stating they are going on record as being vehemently opposed to the proposed pole on Parkwood Place. Mary Bellantoni of 375 North Ridge Street read a statement opposing the proposed alternate location of North Ridge Street and respectfully requested that the Board 4 consider the original 7 sites which utilize the least amount of poles with the best coverage. Mr. John Bucci of 22 Parkwood Place addressed the Board. Mr. Graziano stated in his presentation that installing these devices may save us money and he also stated that some time down the road they could detect loss. His question was have they conducted any studies and when will it start to save us money. He also asked if there were any other municipalities using this system now where they could show us that it works. His final comments were that the Board would be doing a disservice if they allow this. Mr. Graziano responded that the Parkwood Place pole will require two new poles to make up for it being moved because of its high elevation. When you move a pole from an optimum site such as that,you create holes in the system so by moving that one pole you now require two to take its place. If you were to move two poles, you may now need an additional 4 to fill in the gaps. North Ridge Street is so low it also requires a higher pole in addition to a second one. As for the rates,he explained that their rates are set by the Public Service Commission— they cannot make more then what is allowed as revenue. If they do, it gets put aside and is refunded to the customers. This application is to recover lost water. They have worked very closely with the PSC and the member communities because lost water is increasing by 14% every year. In order to do that it is necessary to pinpoint where to reduce it from. New York City was the first to do the project followed by a small town upstate -now here and following behind us is New Rochelle. Richard Abel who owns a home on Edgewood Drive asked about the height of the poles. The response was between 25 and 40 feet. The height of the United Water pole is 40 feet plus the antenna. Mr. Abel asked about the southern end of Rye Brook to which United Water responded that the Summit Avenue tank site in Port Chester is significantly higher and it covers that area. Mr. Abel noted that Port Chester refused to have a Public Hearing on this matter and commended this Board for giving the residents an opportunity to be heard. He also brought to light that Port Chester is working on a separate deal with the water company and he is bringing it up because he believes the playing field should be leveled with all communities. Dean Santon of Hillandale Road has a property with two poles on either corner of his property and both in the Village right of way. People can drive through the Village and look at these poles—they all look the same. He does not understand what the big concern is and believes the community at large should want to know where the lost water is going because if it's being wasted—it is criminal. This isn't about pitting one neighbor against the other and how is this different than any other utility that has poles? Mayor Feinstein believes the overriding consideration is we have to do what is best for the community but it is a difficult task because no one wants the visual blight. 5 Trustee Brown stated that when we had to negotiate with the water company it was explained that there is a lot of lost water and we ultimately end up paying for it. The percentage of lost water was estimated at a staggering 18%. It is apparent that they are trying to make efforts to reduce that. We have a need for cooperating and working with them to get this accomplished—the lost water percentage was a big selling point for Trustee Brown. Mr. Freedman of 23 Parkwood Place has heard all the good things that could happen but he has also spent a lot of money to make his home nice. He currently has a pole in front of his home and planted a tree to cover it up and now the Village is going to allow another pole to be installed....he is not happy and wants the Board to find another location. Mr. Bucci respectfully requested that Mr. Graziano answer his earlier question about when the system will be able to detect the water loss and he stated again that these poles need to be on neutral sites and not in front of someone's home. Mr. Tolchin spoke about the Planning Board being against the Parkwood Place pole location because they thought this pole would be a major disruption in the area. It seemed to be sufficient reason for them and asked that it be sufficient enough for the Village Board as well. Mr. Tolchin has a vested interest in where the pole goes but if he really wanted to be objective about it in terms of the presentation there seems to be a huge amount of holes in what they attempted to do. He would also like this Board to look into the alleged deal that Port Chester made with the Water company and see if it is something that would benefit us as well. Mayor Feinstein responded that is the issue of another municipality and she will not comment on it one way or another. As for the holes in the water company presentation— she disagrees adding that the Board has supplemental information with respect to testing and studies. Trustee Rosenberg asked Mr. Graziano about the supposed Port Chester deal. Mr. Graziano responded that they do not have a deal. Basically, Port Chester asked the Water Company if they had a certain service that can be provided but added that they don't provide services in exchange for things or for free. They do provide many services through different sections of the company and they can do so for a price. Trustee Rosenberg asked if whatever deal was made or not made, if there were conditions added to the approval resolution. Mr. Graziano responded no. Trustee Brown asked if there is a program they are working on with Port Chester with regard to sewers. Mr. Graziano responded that there are other parts to their 6 business/company and Port Chester has approached them about billing for sewer use which is a service they offer but there were no conditions on the resolution. Trustee Rosenberg asked Mr. Graziano about the pole at Fairlawn and Ridge Street and if they had approached the Blind Brook Club. Mr. Graziano explained that there is no power and no access to that site. He wants to work with the community and added that they can move any of the proposed poles 10-15 feet as long as it is in the same location— it can't be moved 500 feet. Trustee Rednick asked if anyone approached the school district on Ridge Street to which Mr. Graziano responded that the school said no antennas on school property. Trustee Marrow has heard the dissatisfaction from the residents in particular areas and asked if there was anyway to take another look at alternate sites. Mr. Graziano explained they have exhausted the possibilities. Mr. Rosenberg added that he has no problem with multiple poles being added if they don't impact residents. Mayor Feinstein would like to get a consensus from the Board at this time. Trustee Marrow is concerned about what she has heard this evening from the residents and homeowners. Trustee Rednick would love to have alternative locations and would like to do a little more research to see who owns the pole on Ridge Street. By utilizing that pole, you would basically be replacing what is already there and he would be more in favor of that. Trustee Brown would like to hear more information about what the alternatives are to telephone poles and would like to revisit this and get more input back on the other potential sites and ownership of the pole on Ridge Street as well. Trustee Rosenberg is not in favor of placing the pole on Parkwood. While he recognizes the need for the system the site on Parkwood is just not acceptable and the Planning Board gave fairly obvious reasons why. Mayor Feinstein concurs and believes they should not do any voting at this time. She does have some questions on the pole ownership and suggests we keep this open to 3/13 so more information can be obtained. On a motion made by Trustee Rednick and seconded by Trustee Marrow, the Public Hearing was adjourned to March 13 and Mr. Burke called the roll: TRUSTEE BROWN ABSENT 7 TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Reconvene after a 5 minute recess. 2. Considering a request to use the Rye Brook Athletic Fields at King Street for an event to promote homeless awareness Mr. Bradbury read the resolution: CONSIDERING A REQUEST TO USE THE RYE BROOK ATHLETIC FIELDS AT KING STREET FOR AN EVENT TO PROMOTE HOMELESS AWARENESS WHEREAS, the Village received a request dated February 9, 2012 from Nikta Daijavad, a Blind Brook High School student to use the Rye Brook Athletic Fields at King Street from Saturday, June 2, 2012 at 7:00 P.M. to Sunday, June 3, 2012 at 7:00 A.M. for an event called "Sleep for Solutions 2012" to promote awareness about the homeless; and WHEREAS,Nikta Daijavad has also requested a waiver of any village permits or fees associated with this event, including any rental or filming fees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, hereby approves the use of the Rye Brook Athletic Fields to Hearth for All/Westchester Coalition for the Hungry and Homeless Inc., from Saturday, June 2, 2012 at 7:30 P.M. to Sunday, June 3, 2012 at 7:00 A.M., for the purpose of holding the Sleep for Solutions 2012 event to promote homeless awareness; and be it further RESOLVED, that the Village Board agrees that due to the special nature of this event, the following conditions and waivers apply: 1. Any village permits or fees associated with this event are waived; and 2. The village will make its bathroom facilities available throughout the event. If it is determined that additional bathroom facilities are needed, these will be provided or arranged by Hearth for All/Westchester Coalition for the Hungry and Homeless Inc.; and 3. No filming permit applications, fees or permits are required for this event; and 4. Insurance must be provided to the satisfaction of the Village's risk manager; and 5. Any health and safety matters must be maintained to the satisfaction of the Police Chief, Ambulance Director, and fire safety coordinator(s); and 8 6. Nikta Daijavd, Danny Ullman and Shahrokh Daijavad shall be designated as the coordinators for this event; and 7. The event shall be limited to Rye Brook residents and employees of the Village of Rye Brook and the Blind Brook School District except as otherwise provided in condition#17; and 8. Parents or guardians of any minors must provide approval for their child to participate in the event, and appropriate adult supervision shall be arranged by the event coordinators; and 9. The coordinators are responsible for gaining an individuals consent to be filmed or photographed at the event; and 10. No tobacco use, food, or beverages are permitted on-site except for water as described by the applicant; and 11. An estimate of the number of residents attending the event will be provided to the Police Chief and Village Administrator on the Monday preceding the event; and 12. The event coordinator shall make sure the site is cleaned of any garbage or debris by 8:00 A.M. on Sunday, June 3, 2012; and 13. No speakers or amplification equipment shall be utilized after 9:30 P.M on June 2, 2012; and 14. An additional hour shall be provided before the event for coordinators to set up and register attendees; and 15. An additional hour shall be provided after the event for coordinators to clean up any garbage or debris; and 16. The use of the Rye Brook Athletic Fields at King Street is contingent upon the written support and continued approval by the Arbors HOA and the Blind Brook School District. 17. Blind Brook School District Students may sponsor up to two students from other School Districts to participate in Sleep for Solutions 2012 as long as they are pre-registered and consent is received by both the BBSD guardian and the guest's guardian. On a motion made by Trustee Rednick and seconded by Trustee Brown the motion was passed. Nikta Daijavad, Chairperson for the event, addressed the Board. She explained that the event was designed to raise awareness of and raise funds for the homeless. The only change in the event this year is the addition of allowing in kids from other schools and she anticipates an additional 30 people based on prior years registration. TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 3) Referring an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners 9 Association to the Planning Board for report and recommendation. Mr. Bradbury read the resolution: REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISION AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWNERS ASSOCIATION TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is in receipt of an application for amended PUD subdivision and site plan application by Moge Agahian on behalf of the Arbors Homeowners Association, Inc. for property located at the intersection of King Street and the Hutchinson River Parkway in the PUD Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 250-7(E)(4)(c) of the Village Code; 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. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for an amended PUD subdivision and 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 §5 239-m and 239-nn, the application be referred to the Westchester County Department of Planning and the Town of Greenwich, Connecticut for comment no less than 10 days prior to the public hearing concerning the application. A motion was made by Trustee Rednick and seconded by Trustee Brown. Robert Flink, Attorney for the Arbors Homeowners Association, addressed the Board noting that with the help of John Meyer Consulting the site plan has been completed and the survey of the entire Arbors property is complete. 10 Jim Ryan of John Meyer Consulting is here on behalf of The Arbors and will show a power point presentation they have prepared. Following the presentation there was discussion. Mayor Feinstein stated that the Village is not in the forefront of the litigation that is currently ongoing with the Arbors homeowners. There has also been some discussion in regard to the design standards so a committee was formed to be able to give certainty in the future and maybe eliminate the need for homeowners to come to the Village for minor changes. Mayor Feinstein also pointed out that when the site plan is done and approved it does not mean that you automatically get a Certificate of Occupancy. Homeowners will be allowed to legalize and file for the proper permits and that is one of the reasons we have extended the amnesty program. She asked if there is some sort of narrative about what the changes were to the site plan. Mr. Ryan responded there was a general narrative done as part of their application and the clarity will come as the process moves forward. Mayor Feinstein noted it has been a long couple of years in the works but she is happy it is finally at this point. Mr. Bradbury highlighted a couple of issues such as the abutting property and the identification of the trees. The applicant has not yet done that but believes it will be addressed at the Planning Board level. Trustee Rosenberg has no problem granting the waiver in regard to the trees but he would like to address trees of a significant nature such as 30" or bigger. Mayor Feinstein asked about the maintenance shed being moved and if parking spaces are being added. Mr. Ryan responded that they are not increasing the impervious surface because if they did, according to village code,you have to then address storm water. He would not advise his client to do that as it is not necessary or needed. Dean Santon of Hillandale Road is glad to see this process happening. He spoke of a pipe that dumps water into the retention basin from the school property and would also 11"'K.- clarity ikeclarity in regard to the shed—what is the intended use—if the HOA is going to continue to renew the lease in March—the village needs to know as the leased property has to be addressed as part of the site plan application. He also would like the Board to look at the restricted covenants and bring the Arbors from the 70's into the new millennium. There being no further questions or comments, Mr. Burke called the roll and the resolution was approved. TRUSTEE BROWN AYE TRUSTEE MARROW ABSTAIN TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE 11 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 Mr. Bradbury read the resolution: 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 WHEREAS, the Board of Trustees is in receipt of an application by TD Bank, NA on behalf of property owner Bow Ridge Associates, LLC for approval of a site plan at property located at 101-5 South Ridge Street, at the intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.027-1-27 on the Town of Rye Tax Map and located in the C1 Zoning 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, 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 a proposed site plan to the Planning Board for report and recommendation; and be it FURTHER RESOLVED, that the Board of Trustees hereby refers the application for the proposed site plan to the Zoning Board of Appeals for consideration of variances; 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 12 FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the proposed site plan application be referred to the Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the proposed site plan application. A motion was made by Trustee Rednick and seconded by Trustee Marrow Janet Garris, Attorney, and Dan Paterson, Engineer for the applicant, addressed the Board and gave an overview of the project. They are looking for site plan approval to permit the demolition of the existing gas station and redevelop the property into a TD Bank with 19 parking spaces and 2 drive thru windows. The proposed plan does require several variances. There was a brief discussion in regard to traffic as the Board is concerned with the increased traffic during the lunch hour due to the popularity and growth of the shopping center. Mayor Feinstein also asked about the impact to traffic during construction and would like the applicant to consider that in their planning. Trustee Brown asked about the canopy on the right side of the building and if there was access outside on the second floor to which Mr. Peterson responded no. There being no further discussion, Mr. Burke called the roll and the resolution was approved: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 5. Referring an application by for approval of a special permit and site plan amendment application for a one car garage at 1100 King Street (Reckson) to the Planning Board for report and recommendation REFERRING AN APPLICATION FOR APPROVAL OF A SPECIAL PERMIT AND SITE PLAN AMENDMENT APPLICATION FOR A ONE CAR GARAGE AT 1100 KING STREET (RECKSON) TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is in receipt of an application for a special permit and site plan amendment by Reckson Operating Partnership, LP, owner of property located at 1100 King Street, designated as Parcel ID 124.81-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District; and 13 WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Sections 209-1(A)(1) and 250-6(H)(1)(c) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be a Type II Action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for a special permit and site plan amendment to the Planning Board for Report and Recommendation; and be it FURTHER RESOLVED, once the Planning Board has adopted its Report and Recommendation, the Planning Board shall refer the application to the Zoning Board of Appeals for a determination on a variance from the requirements of Chapter 212 regarding fire sprinklers, and once such determination has been made by the Zoning Board of Appeals the applicant shall return to the Board of Trustees for final special permit and site plan review; and be it FURTHER RESOLVED, that the Board of Trustees shall hold a public hearing on April 24, 2012 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for special permit and site plan amendment for Reckson Operating Partnership, LP at 1100 King Street. On a motion made by Trustee Brown and seconded by Trustee Marrow, Mr. Burke called the roll and the resolution was approved: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 6. Considering a special permit renewal of existing facility at 211 South Ridge Street for an existing telecommunication facility Mr. Bradbury read the resolution: 14 CONSIDERING A SPECIAL PERMIT RENEWAL OF EXISTING FACILITY AT 211 SOUTH RIDGE STREET FOR AN EXISTING TELECOMMUNICATIONS FACILITY WHEREAS,the Board of Trustees is the approval authority for special use permits; and WHEREAS, on December 19, 2001 the Board of Trustees approved a special use permit for the Nextel facility at 211 South Ridge Street for a five year term; and WHEREAS, on January 29, 2007 the Board of Trustees approved a special use permit renewal for the Nextel facility at 211 South Ridge Street for another five year term; and WHEREAS, the applicant has submitted a renewal application for the special use permit for another five year term; and WHEREAS,the Board of Trustees has reviewed the renewal application; and WHEREAS, the Board of Trustees determines that the proposed action is a Type II action pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act with respect to the approval of said Special Use Permit; and WHEREAS, because the proposed action is a Type II action, no further SEQRA review is required; and WHEREAS, the Board of Trustees wishes to refer the renewal application for review by an engineering firm as is allowed by Village Code Section 250-39(D)(9); and WHEREAS, the Board of Trustees will retain the services of HDR/LMS to review the renewal application and provide a recommendation to the Village with respect to the renewal application; and WHEREAS, the approval of the special use permit will be conditioned upon the recommendation from HDR/LMS; and 15 WHEREAS, a public hearing is not required for a renewal application for a special use permit pursuant to Section 250-39(D)(9) of the Village Code. NOW, THEREFORE BE IT RESOLVED,that the Board of Trustees hereby grants the requested special use permit renewal for an existing facility at 211 South Ridge Street for a term of five(5)years commencing as of the date of this Resolution subject to the following conditions: 1. The review and recommendation of the special use permit renewal application by HDR/LMS confirming the existing facility is structurally sound and meets Village Code requirements for wireless telecommunication facilities. 2. The applicant shall comply with Section 250-39(D)(7) of the Village Code regarding the submission of annual reports. On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 7. Referring an application for a proposed site plan amendment for Rye Ridge Shopping Center to the Zoning Board of Appeals Mr. Bradbury read the resolution: REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT FOR RYE RIDGE SHOPPING CENTER TO THE ZONING BOARD OF APPEALS WHEREAS, the Board of Trustees is in receipt of an application by Peter Stahl on behalf of property owner Win Ridge Realty, LLC for approval of an amended site plan for the Rye Ridge Shopping Center located at 100-150 South Ridge Street, 1-34 Rye Ridge Plaza, 158-204 South Ridge Street, at the intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.27-1-1 and 141.27-1-6 on the Town of Rye Tax Map and located in the C1-P Zoning 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 16 WHEREAS, on December 13, 2011 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 and thereafter circulated its Notice of Intent to Declare Lead Agency. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be Lead Agency pursuant to SEQRA and refers the application for a proposed site plan amendment to the Zoning Board of Appeals for a determination on the following variance: Location `A"will require a 10'SROD front yard vegetative buffer variance at the S. Ridge St. elevation BE IT FURTHER RESOLVED, that pursuant to Section 179-12(A) of the Village Code the Board of Trustees hereby provides the following planning considerations for the Zoning Board of Appeals' consideration of any variance necessary due to the Scenic Road Overlay District requirements: Visibility of the trash enclosure from the Bowman Avenue scenic road should be reviewed and additional, appropriate landscaping may be necessary along Bowman Avenue as screening. AND BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a public hearing on April 10, 2012 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for a proposed site plan amendment for Rye Ridge Shopping Center. Peter Stahl of Win Ridge addressed the Board and explained that their were originally two potential sites for the trash enclosure and they chose the one they did because it lines up with the driveway so a truck can come in easily and pick up the garbage. If they were to move it further over it becomes more difficult to reach. They believe this site is the most appropriate and is also the option recommended by the Planning Board and requires less of a variance. Trustee Brown does not like either proposed site and does not care for it being in the main center of the parking lot. He will have to be convinced that it is not visible from either side of the street and that it will be less noticeable and properly cloaked. While he appreciates they are limited on space he was hoping that it would be almost hidden. Trustee Rosenberg talked about other potential locations and also mentioned the compactors located behind D'Agostinos as in the past there have been complaints about the smell. He asked what type of remediation is in effect so that we won't have the same problem. 17 Mr. Stahl explained this is different and better because you are not storing the garbage for long periods of time and this is a dumpster not a compactor. There are no residential areas here for anyone to be impacted and the garbage will only be sitting a few days. Brief discussion on the sign—they now have a permit to address the sign and they have been working with the Building Department. Trustee Marrow asked about how the garbage is getting across the lot to the dumpster. Mr. Stahl explained that the collectors come early in the morning and is taken there by the store employees or owners as is done now— some on wheels or some are just carried. The dumpster will be mostly for food use tenants. Mr. Richard Abel asked about safety for the kids walking from the middle school. Mr. Stahl explained it will be fully fenced and the kids are usually on the opposite side of the street. Dean Santon of Hillandale Road stated he believes the kiosk should have been removed a decade ago and thinks this plan is very ill conceived as you are putting a wet garbage use at the intersection of Bowman and South Ridge Street. All the visual blight comes to the front of the center—there is a scenic impact in a Scenic Roads Overlay District and what is to stop people from throwing garbage over the fence into the dumpster. Mr. Santon does not believe this is in the spirit of what Rye Brook does in its Scenic Roads Overlay District. Trustee Rosenberg made a motion for Location A and Trustee Rednick seconded. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 8. Considering a renewal agreement with South East Consortium for Special Services,Inc. CONSIDERING AN AGREEMENT WITH SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES, INC. WHEREAS, the Village of Rye Brook desires to enter into an agreement with South East Consortium for Special Services, Inc. to provide collective programs of special recreation services and respite opportunities for citizens with various developmental disabilities and special needs. 18 NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook is hereby authorized to enter into an agreement with South East Consortium for Special Services, Inc.; and be it further RESOLVED, that the Mayor and Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 9. Considering a capital project fund transfer for police vehicles Mr. Bradbury read the resolution: CONSIDERING A CAPITAL PROJECT FUND TRANSFER FOR POLICE VEHICLES RESOLVED, that $15,000 be transferred from the remaining funds of the 2010/2011 Police Vehicles Capital Project to the 2011/2012 Police Vehicles Capital Project in order to purchase two Ford SUV Police Interceptors; and be it FURTHER RESOLVED, that the remaining funds of $13,036 from the 2010/2011 Police Vehicles capital project be transferred to the Village Hall Repairs capital project and the 2010/2011 Police Vehicles capital project be closed and removed from the project length schedule. On a motion made by Trustee Marrow and seconded by Trustee Brown, the resolution was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 10. Considering the approval of minutes — December 13, 2011; January 10, 2012 19 On a motion made by Trustee Marrow and seconded by Trustee Rednick, the minutes were approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Last item not listed on the agenda: Considering an Appointment to the Arbors Development Standards Task Force Mr. Bradbury read the resolution: CONSIDERING AN APPOINTMENT TO THE ARBORS DEVELOPMENT STANDARDS TASK FORCE WHEREAS, on January 24, 2012 the Village Board approved a resolution appointing seven (7)members to an Arbors Development Standards Task Force; and WHEREAS, the Village Board received notification from the Arbors Homeowners Association President that Margaret A. Baine of 96 Brush Hollow Close would be replacing Darcy Gibson as the Arbor's Representative on the task force. NOW THEREFORE BE IT RESOLVED, that Margaret A. Baine of 96 Brush Hollow Close, Rye Brook, NY is hereby appointed to the Arbors Development Standards Task Force replacing Darcy Gibson as the Arbors Representative on the task force. TRUSTEE BROWN AYE TRUSTEE MARROW ABSTAIN TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE ADMINISTRATOR'S REPORT Mr. Bradbury advised that today was the last day to file independent nominating petitions. There are two candidates for two available spots—Trustee Rosenberg and Mr. David Heiser. Documents are now posted on website electronically and are filed by agenda. Village offices are closed next Monday for Presidents Day 20 The first Village Indoor Farmers Market will be held Saturday, February 25ffi at the Anthony J. Posillipo Community Center and Mr. Bradbury took a minute to thank the Westmore News for the advertising they have done for the event. Mr. Bradbury also advised that coyote trapping season is now over. On a motion made by Trustee Marrow and seconded by Trustee Rednick, the meeting was adjourned to executive session to discuss collective bargaining negotiations. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Meeting adjourned at 11:03pm 21