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HomeMy WebLinkAbout2012-07-10 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 10, 2012 AGENDA 7:00 P.M.—Executive Session–Non-Union Compensation 7:30 P.M.–REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING REPORT PUBLIC HEARINGS: 1) Public hearing to consider an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners Association 2) Public hearing on a proposed local law amending Chapter 135 of the village code regarding bulk trash collection 3) Public hearing on a proposed local law amending Chapter 240 of the village code regarding placing a stop sign on Knollwood Drive RESOLUTIONS: 1) Considering a proposed local law amending Chapter 135 of the village code regarding bulk trash collection 2) Considering 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 Board of Trustees Meeting Page 1 of 11 July 10,2012 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 24 & August 22, 2012 BOARD: Trustee David M. Heiser 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 Michal Nowak, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan Feinstein welcomed everyone to the July 10, 2012 Regular Board of Trustees Meeting. She noted that there were three (3) public hearings on the agenda, and called for the first item on the agenda. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISION AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWNERS ASSOCIATION Trustee Toby Marrow noted that she was recusing herself as she resides within this P.U.D. Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee David Heiser, and seconded by Trustee Jeffrey Rednick, the public hearing was declared open. Board of Trustees Meeting Page 2 of 11 July 10,2012 Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Recused Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. James Ryan of John Meyer Consulting addressed the Board. He presented the Board with an oversized map of the Arbors. He began his presentation by noting that this is a request to amend the PUD. An amendment to the site plan approval is also included, as well as the amended plat review and filing. A substantial amount of work has gone into this application trying to remedy issues within the development. In rectifying lot line errors and issues, encroachments were also remedied. A map, a subdivision survey document, was presented to the Board. There are 250 lots in this subdivision. The Village Board is considering recommendations made by the Planning Board. The Planning Board went through a lengthy review. A request to essentially modify the location of the maintenance shed, which is currently located on property owned by the school district, is being made. The process is now at the point where the applicant is looking for input from the public. This has been a very open process. Mayor Feinstein noted that there are three items. The PUD update/amendments to the site plan is the first item. The second item is a class action lawsuit that deals with the lot lines. The third issue, which is not related to the first two but runs parallel, deals with design guidelines and what types of approval will be needed in the future. The goal is to be flexible. Homeowners were asked to come forward if they had concerns regarding their property. Mr. Ryan noted that this has been an open process. A number of people (14) contacted his office. The majority were looking for clarification. There are pending changes. Changes were made to virtually every lot. Units 22 through 25 have expressed concerns. Unit 211 requested adjustments, as did Unit 9. The most recent contact was from the unit 60. Mr. Ryan noted that the Homeowners Association Board makes the final determination. Discussions will be held with each of the homeowners regarding the proposed changes. The challenge is that the changes cannot increase the lot sizes. The changes will be codified with the homeowners within the next week. Mayor Feinstein noted that the Planning Board made recommendations, and one has to do with the installation of an emergency access road. Mr. Ryan noted that there are outstanding issues to be addressed. The Board of Trustees was provided with a memorandum concerning these issues. The idea is to set up access for Board of Trustees Meeting Page 3 of 11 July 10,2012 emergency services only; and the Village's Emergency Services Task Force made this request. The connection would be from Meadowlark. The official position from the H.O.A. Board is that they are in agreement and they would be willing to provide this with some caveats. A proposal has been made to the Village, and this proposal modifies the Task Forces' request. There is a process that must be done in order to obtain funding for this project and this matter must be heard by all of the Homeowners. The need for this access road is recognized. Mayor Feinstein noted that the Village Board just received the information on this access road. She felt that having the information before the meeting allows the members of the Board time to review and digest the information. That being said, she asked if there were restrictions pertaining to the homeowners on Meadowlark. Mr. Ryan noted that the intention is to be sensitive to all of the homeowners in this area. A grass-paved type of roadway is being looked at. Mr. Christopher Bradbury, Village Administrator, noted that the new information will be reviewed by the Emergency Services Task Force. The next step is taken by the H.O.A. Mayor Feinstein noted that the Board is very sensitive to the fact that the cost for this emergency access will be borne by the homeowners. Mr. Ryan stated that there is an area on Arbor Drive to park on. There is one-side of the street parking in this area. Another matter deals with the proposed maintenance shed. He assured the board that there was no intent to keep the existing shed and build a new one. There is a discussion taking place between the H.O.A. and the School District. Also discussed was the fact that there is a Port-a-Stand available versus installing bathroom facilities in the new maintenance shed. This matter warrants additional research and review. There are ongoing discussions with the school district regarding the maintenance shed. Mayor Feinstein called for members of the public wishing to address the Board. Ms. Schlank of Bayberry Lane addressed the Board. She noted that she had a letter for the Board of Trustees that she wanted to make part of the record. After presenting the letter to the Board, she proceeded to read it into the record. She noted that there were lot issues and missing easement documentation. She noted that moving the lot lines shortens her rear yard. She stated that over the years she has done landscaping and now this landscaping and a wall will be half on one piece of property and half on hers. She also discussed her easement to a parking Board of Trustees Meeting Page 4 of 11 July 10,2012 space. These spaces should be legalized as part of the amendments before the Board. She pointed out that other residents have similar easements to parking spaces. People move to Rye Brook because of the mature trees, and the character of the community. She will also suffer visual impacts because the new maintenance shed will be constructed near her home. She was concerned about noise, a change of character, and the use of this shed becoming a nuisance. She submitted a letter from her attorney, Mr. Davis. She also touched upon the SEQRA review, when alternatives for placement of the shed would be reviewed, and when all 250 of the homeowners would be asked to sign off on the amendments. She asked that the Village not take away the rights of the homeowners within this PUD. Mayor Feinstein noted that there are environmental issues, but this project has already been built and addressing these issues now is much different then addressing them before construction. If this was a new construction, the SEQRA process would take several years. This is an unusual application for many reasons. Mr. Bradbury noted that if the public hearing is extended, then public comments can continue to be heard. He noted that the SEQRA process is already underway. There have been actions on SEQRA that have already taken place. Mayor Feinstein called for additional comments from the members of the public and the Board. Trustee Paul Rosenberg noted that there were negotiations with the Blind Brook School District regarding the maintenance shed. Mr. Robert Flink, counsel to the Arbors noted that the existing maintenance shed will be abandoned by the Arbors, and it will be replaced. This is an essential part of the PUD, and it must be replaced. Construction drawings will be submitted. At this point the applicant is trying to receive conceptual approval regarding the placement of the shed. The Arbors does not own the maintenance shed, or the property that it was built on. A new maintenance shed must be built, and it must be built on the Arbors' property. Edward Beane, Esq. noted that the Arbors owns the shed, but the Blind Brook School District owns the property. If the school wants to use that property and that shed, the Village will not have a say. Mr. Flink noted that as soon as the new shed is built, they will relinquish use of the existing shed. Mayor Feinstein noted that there were answers that were still required. The process is continuing. Mr. Ryan noted that there has been exhausted research done on this property. Recorded documents are reflected on the plat document. There are some unrecorded easements and rights. Attorney Beane noted that whatever exists, is part of the legal record. Easements must be fully vetted. The Village is a mandatory named party. Mr. Flink noted that this is a very unique Board of Trustees Meeting Page 5 of 11 July 10,2012 process. The legal concerns are being dealt with via litigation. The Court will make these decisions. There is a balancing act to this process. This process has been an emotional and financial drain. There are real issues that must be addressed. Mr. Ryan noted that there will be another meeting with the Emergency Task Force. The six homeowners who have requested changes will be met with. Ms. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that there are a couple of issues regarding the maintenance shed that need to be resolved. The proposed maintenance shed is in the location of the buffer of the wetland. There is nothing that would preclude it being placed there, providing that any chemicals used in and around the shed do not wash from the pavement to the pond. There is an outflow that runs into the Brook. The Planning Board requested details of the construction of the shed. To date, no one has received these details. Site plan approval is not conceptual approval. As far as SEQRA is concerned, it is done concurrent with the application review. There is a potential for impact to the wetland area. She recommended that if they cannot guarantee that the chemicals, etc. will not end up in the Brook, then the location of the shed should be moved. The Board should either get the assurances, and the details of the shed should be provided. Mitigation needs to be addressed. Landscaping could be part of the site plan. Mr. Ryan noted, respectfully, that everything that Ms. Timpone-Mohamed has requested has been done. There will be a reduction of asphalt, the shed has been made smaller. Impacts have been reviewed. There is a buffer area, landscape has been added, the pond was created for storm water detention and quality. The existing maintenance shed drains into this area. The Board has been asked to allow for some flexibility because of the costs that are involved. Mayor Feinstein noted that additional review and discussion should take place between the applicants' consultants and the Village's. There may only be one meeting in August, and it may be held on August 22"d. The next Board of Trustee meeting is scheduled for July 24th Attorney Beane asked that any easements or documents that the homeowners have would be very helpful for the Village to review. No legal determinations would be made, but it will help coming to conclusions. Mr. Bradbury noted that the information should be submitted to his office, and he will make sure that it is given to Attorney Beane. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Rosenberg, the public hearing was adjourned to August 22, 2012. Board of Trustees Meeting Page 6 of 11 July 10,2012 The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Recused Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 1) PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 135 OF THE VILLAGE CODE REGARDING BULK TRASH COLLECTION Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Marrow, the public hearing was declared open. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that these amendments clean up the local law. She called for members of the public wishing to address the Board regarding this matter. There being no one, the Board discussed the wording of the amendments, regarding the time that trash should be out at the curb by. If the vendor has been by already, then the resident would need to bring the trash back in. A minor change was made to the language. If trash is put out before 6:00 p.m. they can be ticketed. On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the public hearing was closed. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution regarding Bulk Trash Collection. Board of Trustees Meeting Page 7 of 11 July 10,2012 RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 135 OF THE VILLAGE CODE REGARDING BULK TRASH COLLECTION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 135 OF THE VILLAGE CODE REGARDING BULK TRASH COLLECTION WHEREAS, on July 10, 2012 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on July 10, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 135 of the Village Code regarding bulk trash collection. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Toby Marrow, 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 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the next public hearing on the agenda: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE Board of Trustees Meeting Page S of 11 July 10,2012 REGARDING PLACING A STOP SIGN ON KNOLLWOOD DRIVE Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public hearing was declared open. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that this amendment was also a language clean up. Currently there is a sign, but no information about the sign is in the Village's Code. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was closed. The roll was closed: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTION #2: 2) CONSIDERING 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 Board of Trustees Meeting Page 9 of 11 July 10,2012 CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING A STOP SIGN ON KNOLLWOOD DRIVE WHEREAS, on July 10, 2012 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on July 10, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 240 of the Village Code regarding a stop sign on Knollwood Drive. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Toby Marrow, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that his office has been working on several bids that have been put out. Road resurfacing, and a new leaf blower are included. He noted that curbing has been completed for this season. Several islands within the Village needed curbing repairs. The Farmers' Market is scheduled for Saturday July 14"', and will be held at the Church. The Farmers' market will go back to the Posillipo Center in the fall. Mayor Feinstein noted that the representatives from the Westchester Department of Planning will be at the next Board of Trustee meeting to discuss a pilot project with Rye Brook. The Village's Comprehensive Plan is moving forward, and now County's resources will be used. Mr. Bradbury noted that this is a unique opportunity for the Village of Rye Brook. The Comprehensive Plan was put on Board of Trustees Meeting Page 10 of 11 July 10,2012 hold four years ago. The County can now help make the comprehensive plan happen. They will share information. This will be good regional planning. The County has been very generous with their time. They have provided information that will be used as part of the Comprehensive Plan. This information would have been provided by a Planning Consultant. This saves time and costs. The report by the County, which is 150 pages long, will be on the Village's website. This is a very well done report. Mayor Feinstein noted that the next Board of Trustees meeting would be held on July 24th and then, as a result of vacation schedules, there would be only one meeting in August. That meeting will be held on August 22nd There being no further business before the Board, Mayor Feinstein called for a motion to go into an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the executive session was scheduled. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye The meeting was adjourned at 9:16 p.m. Board of Trustees Meeting Page 11 of 11 July 10,2012