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HomeMy WebLinkAbout2012-06-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 26, 2012 AGENDA 7:15 P.M.—Executive Session– Contract Negotiations & Compensation 7:30 P.M.–REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING: 1) Setting a public hearing for application for approval of a site plan application and rezoning petition for 525 Ellendale Avenue REPORT: 1) Advisory Council on Environmental Conservation regarding a plastic bag ban PUBLIC HEARINGS RESOLUTIONS: 1) Declaration of Lead Agency and Determination of Significance pursuant to SEQRA for approval of a site plan for TD Bank, NA at property located at 101-5 South Ridge Street 2) Setting a public hearing for application for approval of a site plan for TD Bank, NA at property located at 101-5 South Ridge Street 3) Considering the acceptance of a donation for the purchase of Fire Department equipment 4) Setting a public hearing on a proposed local law amending Chapter 135 of the village code regarding bulk trash collection Board of Trustees Meeting Page 1 of 13 June 26,2012 5) Setting a public hearing on a proposed local law amending Chapter 240 of the Village Code regarding placing a stop sign on Knollwood Drive 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 SPECIAL AND REGULAR TRUSTEES MEETINGS: July 10, 2012 and July 24, 2012 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Deputy Mayor Paul S. Rosenberg Excused: Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michal Nowak, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Deputy Mayor Paul Rosenberg welcomed everyone to the June 26, 2012 Regular Board of Trustees Meeting. He noted that Mayor Feinstein was excused from the meeting, and called for the first item on the agenda. Board of Trustees Meeting Page 2 of 13 June 26,2012 AFFORDABLE HOUSING: 1) SETTING A PUBLIC HEARING FOR APPLICATION FOR APPROVAL OF A SITE PLAN APPLICATION AND REZONING PETITION FOR 525 ELLENDALE AVENUE Mr. Louis Larizza requested a short adjournment. He noted that his architect, Mr. Clark Neuringer, was delayed. With the permission of the Board, Deputy Mayor Rosenberg called for the next item on the agenda. REPORT: 1) ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION REGARDING A PLASTIC BAG BAN Mr. Jason Klein, Chairman of the Advisory Council on Environmental Conservation, addressed the Board. He noted that the ban would be for retailers in the Village. Exempt would be things like vegetable or diy cleaning bags. Most bags are used for a maximum of twelve minutes. The City of Rye has recently passed a similar ban, and none of the merchants have suffered any repercussions. The goal of the ordinance is to limit plastic bag use and increase the use of reusable bags. The stores will benefit by selling the reusable bags. Westport, Connecticut passed the ban in 2008 and no business has seen a loss of business as a result of the ban. The plan would be to do research and put together a packet and then the information would be presented to the Village Board. Vendors will need to be brought on Board. Environmental organizations are in support of this ban. Deputy Mayor Rosenberg stated that additional information was needed. Mr. Bradbury noted that he would review the ordinance that Rye has passed. He asked if this was something that the Board wanted to pursue. Legislation would need to be drafted by Counsel, and a public hearing would need to take place if the Board decided to move forward. Trustee David Heiser noted that the newspapers are in plastic bags, and some are double bagged. Mr. Klein noted that the retailer is not in the Village and this ban would not have an effect on how the newspapers were delivered. Trustee Heiser noted that he was in support of the proposed new ordinance. Deputy Mayor Rosenberg noted that the papers are double wrapped because they are delivered early in the morning, and delivered when some Board of Trustees Meeting Page 3 of 13 June 26,2012 sprinklers are still on. He noted that the Village is pro-business, but he was on board with doing the additional research. Trustee Jeffrey Rednick also noted that he would like to hear additional information, as did Trustee Toby Marrow. Deputy Mayor Rosenberg opened the floor to members of the public wishing to address this matter. There being no one, he thanked Mr. Klein for the presentation. Mr. Bradbury was directed to move forward with the additional research. Deputy Mayor Rosenberg returned to agenda, and recalled item #1. AFFORDABLE HOUSING: 1) SETTING A PUBLIC HEARING FOR APPLICATION FOR APPROVAL OF A SITE PLAN APPLICATION AND REZONING PETITION FOR 525 ELLENDALE AVENUE It was noted that this project began in December of 2010 and the plans have gone through review with Village Staff, Boards, and outside consultants. The Planning Board was in support of the rezoning. Mr. Neuringer, the architect, presented the Board with a photograph of the proposed construction. Deputy Mayor Rosenberg asked that Mr. Bradbury read the resolution on this matter. RESOLUTIONS: Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR APPLICATIONS FOR APPROVAL OF A SITE PLAN APPLICATION AND REZONING PETITION FOR 525 ELLENDALE AVENUE WHEREAS, the Board of Trustees is in receipt of an application by Pawling Holdings, LLC for approval of a site plan application and rezoning petition for property located at 525 Ellendale Avenue, designated on the Town of Rye Tax Map as Section 141.27, Block 1, Lot 49 and located in the C1 Zoning District; and Board of Trustees Meeting Page 4 of 13 June 26,2012 WHEREAS, on June 14, 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 to proceed with an uncoordinated review; and WHEREAS, on June 14, 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 of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated June 14, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on July 24, 2012 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of a Site Plan and Rezoning Petition for property located at 525 Ellendale Avenue; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §§ 239-m the application be referred to the Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application, and pursuant to General Municipal Law 239-nn the application be referred to the Village of Port Chester for comment no less than 10 days prior to the public hearing concerning the application; 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. Deputy Mayor Rosenberg noted that the Planning Board had requested additional information that was not yet received. This information must be submitted prior to the public hearing. One of the issues was off-street parking and Saturday evening parking. Mr. Larizza noted that this information would be presented to the Board in the next week. Deputy Mayor Rosenberg noted a variance will need to be granted in connection with parking. Mr. Neuringer noted that the differences between required parking and the suggested parking has been researched. Mr. Bradbury stated that the Emergency Services have met and made comments on this application. He questioned SEQRA issues regarding soil testing on this property. Mr. Neuringer stated that there was a shack, also referred to as a garage, Board of Trustees Meeting Page 5 of 13 June 26,2012 on this property but not in the area of the proposed structure. This was an 80 year review and the only thing found to have been on this property was the garage. Deputy Mayor Rosenberg called for comments from the Board. Mr. Bradbury noted the environmental documents will be presented for the Board's review. Also discussed was vegetation, the installation of fencing, and planting of trees on the property. Mr. Larizza noted that in the rear of the property there is a 6' stockade fence and the property will be landscaped in front of the fence. Edward Beane, Esq., Village Counsel addressed the Board. He noted that the County needs 30 days to submit their comments, and he suggested setting the public hearing for July 24, 2012. There were no members of the public wishing to address the Board. Deputy Mayor Rosenberg called for a motion to adopt the resolution. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted, as amended. Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Deputy Mayor Rosenberg noted that there were two resolutions on the agenda in connection with the TD Bank application. He asked that Mr. Bradbury read both resolutions: 1) DECLARATION OF LEAD AGENCY AND DETERMINATION OF SIGNIFICANCE PURSUANT TO SEQRA FOR APPROVAL OF A SITE PLAN FOR TD BANK, NA AT PROPERTY LOCATED AT 101-5 SOUTH RIDGE STREET Mr. Bradbury read the following resolution: 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 Cl Zoning District (the "Project"); and Board of Trustees Meeting Page 6 of 13 June 26,2012 WHEREAS, on January 24, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action with a coordinated review; and WHEREAS, the Board of Trustees, pursuant to SEQRA, circulated its Notice of Intent to Declare Lead Agency to all known involved and interested agencies on March 1, 2012 and has received no objections; and WHEREAS, the Board of Trustees received the SEQRA Environmental Assessment Form ("EAF") and supplemental information for the Project and has reviewed this information to determine the potential environmental significance of the Project. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby declares itself to be Lead Agency for the Project pursuant to SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information and hereby adopts the annexed Negative Declaration. 2) SETTING A PUBLIC HEARING FOR APPLICATION FOR APPROVAL OF A SITE PLAN FOR TD BANK, NA AT PROPERTY LOCATED AT 101-5 SOUTH RIDGE STREET Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR APPLICATION FOR APPROVAL OF A SITE PLAN FOR TD BANK, N.A. AT PROPERTY LOCATED AT 101-5 SOUTH RIDGE STREET 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 CI Zoning District; and Board of Trustees Meeting Page 7 of 13 June 26,2012 WHEREAS, on January 24, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action with a coordinated review; and WHEREAS, on January 24, 2012 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation and to the Village of Rye Brook Zoning Board of Appeals for consideration of variances; and WHEREAS, the Board of Trustees, pursuant to SEQRA, circulated its Notice of Intent to Declare Lead Agency on March 1, 2012 and declared itself Lead Agency on June 26, 2012; and WHEREAS, the application was referred to the Westchester County Department of Planning and the Westchester County Department of Public Works and comments have been received by both agencies; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated June 14, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on September 11, 2012 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of a Site Plan for TD Bank, NA at property located at 101-5 South Ridge Street; 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. Janet Giris, representative for the applicant, addressed the Board. She noted that this application was before the Planning Board and reviewed by Village Consultants for several months. The project is now improved as a result of response to the comments. In January the building was shifted to the North. Traffic conflicts and safety issues would be created if the building was moved closer to Bowman Avenue. There are variances that are required; a parking variance is being requested, along with a rear yard setback variance, and sign variance. The Planning Board has made a positive recommendation. The matter will be heard by the Zoning Board in August. The hope is to have the Public Hearing in September. Deputy Mayor Rosenberg noted that traffic was a concern addressed by the Planning Board. Ms. Girls noted that the intersection is owned by the Village and Board of Trustees Meeting Page 8 of 13 June 26,2012 the loop detectors should be upgraded. The Planning Board felt that they were not the proper Board to discuss traffic issues with. Ms. Giris noted that the re- development of this site — this bank — will generate probably less than 2% of the traffic that goes through this intersection. The improvement to the loop at this intersection is a costly one, and it would be unfair to ask the applicant to foot that bill. Deputy Mayor Rosenberg noted that this is a high traffic and high pedestrian intersection. Ms. Giris reiterated that the bank will generate less traffic than the prior use. Mr. Bradbury noted that the traffic and signalization issues will be discussed. Deputy Mayor Rosenberg called for questions or comments from Board, and/or comments and questions from members of the public. Trustee Rednick asked what was received from New York State regarding this application. It was noted that remediation has been done it is now being documented. As the site of a former gas/service station, there were hazardous materials on the property. TD Bank is going to be a long term leasee of this property and the remediation was a condition of their taking possession of this property. Trustee Rednick asked for a description of the proposed signage. Ms. Giris noted that the sign is a monument style sign and it is set back from the property line. It is F off the ground. The County has given a preliminary approval with a suggestion of an upgrade. Mr. Bradbury noted that alternatives should be discussed. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, resolution#1 was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye On a motion made by Trustee Jeffrey B. Rednick, and seconded by Trustee David M. Heiser, resolution #2 was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Board of Trustees Meeting Page 9 of 13 June 26,2012 Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 3) CONSIDERING THE ACCEPTANCE OF A DONATION FOR THE PURCHASE OF FIRE DEPARTMENT EQUIPMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE ACCEPTANCE OF A DONATION FOR THE PURCHASE OF FIRE DEPARTMENT EQUIPMENT WHEREAS, in a letter dated June 8, 2012 from John Bladt, General Manager of the Blind Brook Club it states the Club's desire to donate $500 to the Rye Brook Fire Department for the purchase of equipment; and WHEREAS, John Bladt also desires to donate an additional $150 to the Rye Brook Fire Department for the purchase of equipment. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook hereby accepts the donation of $500 from the Blind Brook Club on behalf of the Friends of Rye Brook account to purchase equipment for the Rye Brook Fire Department; and be it FURTHER RESOLVED, the Village of Rye Brook hereby accepts the donation of$150 from the John Bladt on behalf of the Friends of Rye Brook account to purchase equipment for the Rye Brook Fire Department. Deputy Mayor Rosenberg noted that the Rye Brook Club works very well with the Village. This is a generous and unsolicited donation. Mr. Bradbury noted that their generosity was appreciated. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting Page 10 of 13 June 26,2012 Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 4) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 135 OF THE VILLAGE CODE REGARDING BULK TRASH COLLECTION Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 135 OF THE VILLAGE CODE REGARDING BULK TRASH COLLECTION NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 10, 2012 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law amending Chapter 135 of the Village Code regarding bulk trash collection. The Village no longer collects bulk trash on a weekly basis. Notification has been made to the residents, and updates will be sent out. Mr. Bradbury noted that the mailings will be made electronically and via mail. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting Page 11 of 13 June 26,2012 5) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PLACING A STOP SIGN ON KNOLLWOOD DRIVE Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PLACING A STOP SIGN ON KNOLLWOOD DRIVE NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 10, 2012 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law amending Chapter 240 of the Village Code regarding placing a stop sign on Knollwood Drive. The Traffic Commission reviewed this issue and it was noted that the there is a stop sign, but it is not in the Village's Code. This amendment to the local law cleans up the Code. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Davie M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Communications and Technology Committee has completed a video of the history of Rye Brook. It will start airing on June 28th, and will be on the Village's website in a few weeks. Board of Trustees Meeting Page 12 of 13 June 26,2012 The paving bid is going out. Funds from last year's budget and will be added to this year's budget. Mr. Bradbury read the names of the streets that are being proposed as part of this project. This is a large area. There is $500,000 from last year that will be used, and some funds from this years' budget will be used. There was a fire on Dorchester which was called in by Jonathan Ross. Everyone did a great job. It was a devastating fire for the residents who were fortunately not at home. Deputy Mayor Rosenberg invited everyone to the July 4th festivities scheduled for the Port Chester High School. Deputy Mayor Rosenberg noted that the next Regular Meetings of the Board of Trustees were scheduled for: July 10, 2012 and July 24, 2012. There being no additional business before the Board, Deputy Mayor Rosenberg called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned at 8:30 p.m. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting Page 13 of 13 June 26,2012