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HomeMy WebLinkAbout2012-11-27 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 27, 2012 AGENDA 6:30 P.M.—Executive Session— Potential Committee Appointments 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING: 1) Public hearing to consider applications for approval of a subdivision application, site plan application and rezoning petition for 80 Bowman Avenue REPORT PUBLIC HEARINGS: 1) Public hearing to consider an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue 2) Public hearing to consider a proposed local law amending Chapter 209 of the Village Code regarding segmentation of applications RESOLUTIONS: 1) Considering applications for approval of a subdivision application, site plan application and rezoning petition for 80 Bowman Avenue 2) Considering an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue 3) Considering a proposed local law amending Chapter 209 of the Village Code regarding segmentation of applications BOARD OF TRUSTEES MEETINGS November 27,2012 Page 1 of 32 4) Consideration of an application for approval of a second amended site plan application and wetland permit regarding the installation of a pad- mounted transformer and utility pole for the sluice gate on Bowman Avenue 5) Authorizing circulation of notice of intent to declare lead agency pursuant to SEQRA for an amended site plan and special permit applications submitted by Reckson Operating Partnership, LP for property located at 1100 King Street 6) Considering the approval of minutes: September 11, 2012; October 30, 2012; November 7, 2012 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Suggested changes to the Village's Tree Ordinance as a result of recent storms ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETING: December 11, 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 Greg Austin, Police Chief Edward Beane, Esq., Village Counsel Marilyn Timpone Mohamed, Village Consultant Dolph Rotfeld, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary BOARD OF TRUSTEES MEETINGS November 27,2012 Page 2 of 32 Mayor Joan L. Feinstein welcomed everyone to the November 27, 2012 regular meeting of the Village of Rye Brook. She called for the first matter on the agenda. AFFORDABLE HOUSING: 1) Public hearing to consider applications for approval of a subdivision application, site plan application and rezoning petition for 80 Bowman Avenue Mayor Feinstein noted that the public hearing was opened at a prior meeting. She called upon the applicant's representative to make a presentation in connection with where the application was in the process. It was noted that the road in front of this development, Barber Place, will be widened at the applicant's expense. The applicant will be in touch with the utility companies regarding moving the poles. A change in the plans allowed for more open, green space. The open space came about after a request from the Village and the re-positioning of the buildings. It was also noted that the comments from Westchester County have been responded to. Mayor Feinstein stated that a letter was received from the Village of Port Chester. This development is within Rye Brook, but within the Port Chester School District. For the record, she noted that the number of children that would enter the school district is a very small number (approximately eight children). This development has been reduced in size from what was initially proposed. She noted that Mr. Dolph Rotfeld, Village Engineering Consultant, has reviewed the plans, as has Marilyn Timpone Mohamed, Village Consultant. There are no open issues. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to close the public hearing. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Toby Marrow, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, 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 BOARD OF TRUSTEES MEETINGS November 27,2012 Page 3 of 32 Mayor Feinstein called for the resolutions on this matter. Mr. Christopher Bradbury, Village Administrator, pointed out that there were two resolutions in connection with this matter. RESOLUTIONS: On a motion made by Trustee Marrow and seconded by Trustee Heiser, the following resolution was adopted. CONSIDERING PETITION TO REZONE PROPERTY LOCATED AT 80 BOWMAN AVENUE TO THE FAH ZONING DISTRICT WHEREAS, the Board of Trustees is in receipt of a Subdivision Application, Site Plan Application and a Petition submitted by Bowridge Commons, LLC pursuant to Section 250-26.1(E)(2) of the Village Code to rezone property located at 80 Bowman Avenue, designated as Section 141.27, Block 1, Lots 26, 31 & 32 on the Town of Rye Tax Map, from the Cl Zoning District to the Fair and Affordable Housing ("FAH") Zoning District; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Building Permit Checklist and Zoning Analysis 2. Application for Subdivision Approval dated July 7, 2012 3. Site Plan Application 4. Exterior Building Permit Application 5. Full Environmental Assessment Form 6. Tree Preservation and Protection Plan Letter and Report to Superintendent of Public Works/Village Engineer dated June 26, 2012,prepared by Davey Resource Group, Elmsford,N.Y. 7. Flow Test Data Letter and Report to Mr. Anthony Federico dated August 21, 2012,prepared by United Water New Rochelle, New Rochelle, N.Y. 8. Letter to Frank Madonna dated May 1, 2012 from Long Island Analytical Laboratories, Inc., Holbrook,N.Y. 9. Madonna Property, Percolation Rate Test dated 8/25/10 prepared by Anthony S. Pisarri, P.E., P.C. 10. Draft Construction Management Plan, undated,preparer not identified,received August 23, 2012 11. Bowridge Commons Condominium (Ownership Plan), undated, preparer not identified,received August 23, 2012 12. Zoning Map Change Petition Letter to the Board of Trustees dated March 9, 2012 from Frederico Associates, White Plains, N.Y. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 4 of 32 13. Public Safety Review Memorandum to the Planning Board dated June 29, 2012 from the Rye Brook Building Inspector 14. Zoning Memorandum to the Planning Board dated August 29, 2012 from the Rye Brook Building Inspector 15. Zoning Memorandum to the Planning Board dated May 22, 2012 from the Rye Brook Building Inspector 16. Letter to the Planning Board dated August 23, 2012 from Federico Associates, White Plains,N.Y. 17. Letter to the Planning Board dated June 29, 2012 from Federico Associates, White Plains,N.Y. 18. Letter to the Planning Board dated May 28, 2012 from Federico Associates, White Plains,N.Y. 19. Letter to the Planning Board dated May 1, 2012 from Federico Associates, White Plains, N.Y. 20. Letter to the Planning Board dated June 29, 2011 from Federico Associates, White Plains,N.Y. 21. Traffic and Parking Memorandum dated May 31, 2011 from Frederick P. Clark Associates, Rye, N.Y. 22. Memorandum dated September 6, 2012 from Dolph Rotfeld, Engineering, P.C., White Plains,N.Y. 23. Memorandum dated July 11, 2012 from Dolph Rotfeld, Engineering, P.C., White Plains, N.Y. 24. Memorandum dated May 9, 2012 from Dolph Rotfeld, Engineering, P.C., White Plains, N.Y. 25. Memorandum dated April 27, 2011 from Dolph Rotfeld, Engineering, P.C., White Plains, N.Y. 26. Memorandum dated November 21, 2012 from HDR, Inc., Pearl River,N.Y. 27. Preliminary Merger and Reapportionment Map dated July 12, 2012 prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y. 28. Topographic Property Survey dated April 21, 2010 prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y. 29. Architect's Plans,prepared by Federico Associates, White Plains,N.Y.: Sheet Number Sheet Title Dated 1 of 10 Cover Sheet 3/28/2011 rev. 9/10/12 2 of 10 Existing Conditions 3/28/2011 rev. 9/10/12 3 of 10 Preliminary Site Plan and Zoning Table 3/28/2011 rev. 9/10/12 4 of 10 Preliminary Site Layout Plan 3/28/2011 rev. 9/10/12 5 of 10 Preliminary Utility Plan 3/28/2011 rev. 9/10/12 6 of 10 Preliminary Grading/Sediment & Erosion Control/Tree Protection Plan 3/28/2011 rev. 9/10/12 7 of 10 Preliminary Landscape Plan 3/28/2011 rev. 9/10/12 8 of 10 Details 3/25/2011 rev. 9/10/12 9 of 10 Details 3/25/2011 rev. 9/10/12 10 of 10 Details 3/25/2011 rev. 9/10/12 BOARD OF TRUSTEES MEETINGS November 27,2012 Page 5 of 32 I of 1 Photometric Site Lighting Plan 8/3/2012 Al of 7 Bowman Avenue Street Elevation— 6 Unit Building 3/28/2011 rev. 8/9/12 A2 of 7 Ground Level Plan 10 Unit Building 3/28/2011 rev. 8/9/12 A3 of 7 First Floor Plan 10 Unit Building 3/28/2011 rev. 8/9/12 A4 of 7 Second Floor Plan 10 Unit Building 3/28/2011 rev. 8/9/12 A5 of 7 Ground Level Plan 6 Unit Building 3/28/2011 rev. 8/9/12 A6 of 7 First Floor Plan 6 Unit Building 3/28/2011 rev. 8/9/12 A7 of 7 Second Floor Plan 6 Unit Building 3/28/2011 rev. 8/9/12 WHEREAS, on April 12, 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 April 12, 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 September 13, 2012; and WHEREAS, on September 17, 2012 the applications were referred to the Westchester County Department of Planning and Westchester County issued comments on October 15, 2012; and WHEREAS, the Planning Board submitted a Report and Recommendation to the Board of Trustees on September 13, 2012; and WHEREAS, although not required by General Municipal Law §239-nn or Westchester County Administrative Code §277.71, the application was referred to the Village of Port Chester and the Port Chester-Rye Union Free School District as a courtesy on or about September 26, 2012; and WHEREAS, on October 30, 2012, the Board of Trustees opened a public hearing on the subject rezoning petition, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on November 27, 2012; and WHEREAS, as set forth in Village Code §250-26.1(B), the purpose of the FAH District is to "provide flexible land use regulations, a streamlined permitting process and incentives to encourage the development of fair and affordable housing within the Village that will remain fair and affordable for at least 50 years BOARD OF TRUSTEES MEETINGS November 27,2012 Page 6 of 32 as required pursuant to the Stipulation" and to "encourage a balanced demographic;" and WHEREAS, rezoning the property to the FAH District will benefit the Village by achieving the aforementioned objectives through the construction of affordable housing in a transitional area between the C1 Neighborhood Retail Zoning District and the R-2F Two Family Residential Zoning District; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby 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; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the annexed local law amending the Zoning Map of the Village of Rye Brook to change the zoning designation of property located at 80 Bowman Avenue and designated on the Town of Rye Tax Map as Section 141.27, Block 1, Lots 26, 31 & 32, from the Cl Zoning District to the FAH Zoning District. TRUSTEE HEISER AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE CONSIDERING A SUBDIVISION AND SITE PLAN APPLICATION FOR AFFORDABLE HOUSING LOCATED AT 80 BOWMAN AVENUE WHEREAS, the Board of Trustees is in receipt of a Subdivision Application, Site Plan Application and a Petition submitted by Bowridge Commons, LLC pursuant to Section 250-26.1(E)(2) of the Village Code to rezone property located at 80 Bowman Avenue, designated as Section 141.27, Block 1, Lots 26, 31 & 32 on the Town of Rye Tax Map, from the C1 Zoning District to the Fair and Affordable Housing ("FAH") Zoning District; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 30. Building Permit Checklist and Zoning Analysis 31. Application for Subdivision Approval dated July 7, 2012 32. Site Plan Application BOARD OF TRUSTEES MEETINGS November 27,2012 Page 7 of 32 33. Exterior Building Permit Application 34. Full Environmental Assessment Form 35. Tree Preservation and Protection Plan Letter and Report to Superintendent of Public Works/Village Engineer dated June 26, 2012,prepared by Davey Resource Group, Elmsford,N.Y. 36. Flow Test Data Letter and Report to Mr. Anthony Federico dated August 21, 2012,prepared by United Water New Rochelle,New Rochelle, N.Y. 37. Letter to Frank Madonna dated May 1, 2012 from Long Island Analytical Laboratories, Inc., Holbrook,N.Y. 38. Madonna Property, Percolation Rate Test dated 8/25/10 prepared by Anthony S. Pisarri, P.E., P.C. 39. Draft Construction Management Plan, undated, preparer not identified,received August 23, 2012 40. Bowridge Commons Condominium (Ownership Plan), undated,preparer not identified,received August 23, 2012 41. Zoning Map Change Petition Letter to the Board of Trustees dated March 9, 2012 from Frederico Associates, White Plains, N.Y. 42. Public Safety Review Memorandum to the Planning Board dated June 29, 2012 from the Rye Brook Building Inspector 43. Zoning Memorandum to the Planning Board dated August 29, 2012 from the Rye Brook Building Inspector 44. Zoning Memorandum to the Planning Board dated May 22, 2012 from the Rye Brook Building Inspector 45. Letter to the Planning Board dated August 23, 2012 from Federico Associates, White Plains,N.Y. 46. Letter to the Planning Board dated June 29, 2012 from Federico Associates, White Plains,N.Y. 47. Letter to the Planning Board dated May 28, 2012 from Federico Associates, White Plains,N.Y. 48. Letter to the Planning Board dated May 1, 2012 from Federico Associates, White Plains, N.Y. 49. Letter to the Planning Board dated June 29, 2011 from Federico Associates, White Plains,N.Y. 50. Traffic and Parking Memorandum dated May 31, 2011 from Frederick P. Clark Associates, Rye, N.Y. 51. Memorandum dated September 6, 2012 from Dolph Rotfeld, Engineering, P.C., White Plains,N.Y. 52. Memorandum dated July 11, 2012 from Dolph Rotfeld, Engineering, P.C., White Plains, N.Y. 53. Memorandum dated May 9, 2012 from Dolph Rotfeld, Engineering, P.C., White Plains, N.Y. 54. Memorandum dated April 27, 2011 from Dolph Rotfeld, Engineering, P.C., White Plains, N.Y. 55. Memorandum dated November 21, 2012 from HDR, Inc., Pearl River,N.Y. 56. Preliminary Merger and Reapportionment Map dated July 12, 2012 prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y. 57. Topographic Property Survey dated April 21, 2010 prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 8 of 32 58. Architect's Plans,prepared by Federico Associates, White Plains,N.Y.: Sheet Number Sheet Title Dated 1 of 10 Cover Sheet 3/28/2011 rev. 9/10/12 2 of 10 Existing Conditions 3/28/2011 rev. 9/10/12 3 of 10 Preliminary Site Plan and Zoning Table 3/28/2011 rev. 9/10/12 4 of 10 Preliminary Site Layout Plan 3/28/2011 rev. 9/10/12 5 of 10 Preliminary Utility Plan 3/28/2011 rev. 9/10/12 6 of 10 Preliminary Grading/Sediment &Erosion Control/Tree Protection Plan 3/28/2011 rev. 9/10/12 7 of 10 Preliminary Landscape Plan 3/28/2011 rev. 9/10/12 8 of 10 Details 3/25/2011 rev. 9/10/12 9 of 10 Details 3/25/2011 rev. 9/10/12 10 of 10 Details 3/25/2011 rev. 9/10/12 1 of 1 Photometric Site Lighting Plan 8/3/2012 Al of 7 Bowman Avenue Street Elevation— 6 Unit Building 3/28/2011 rev. 8/9/12 A2 of 7 Ground Level Plan 10 Unit Building 3/28/2011 rev. 8/9/12 A3 of 7 First Floor Plan 10 Unit Building 3/28/2011 rev. 8/9/12 A4 of 7 Second Floor Plan 10 Unit Building 3/28/2011 rev. 8/9/12 A5 of 7 Ground Level Plan 6 Unit Building 3/28/2011 rev. 8/9/12 A6 of 7 First Floor Plan 6 Unit Building 3/28/2011 rev. 8/9/12 A7 of 7 Second Floor Plan 6 Unit Building 3/28/2011 rev. 8/9/12 WHEREAS, on April 12, 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 April 12, 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 September 13, 2012; and WHEREAS, on September 17, 2012 the applications were referred to the Westchester County Department of Planning and Westchester County issued comments on October 15, 2012; and WHEREAS, with respect to consistency with Westchester Count- Planning Board policies, Westchester County recommended in its comments that the proposed building BOARD OF TRUSTEES MEETINGS November 27,2012 Page 9 of 32 orientations be revised to face the street in an "L" shape configuration to be more consistent with the surrounding areas; driveway access from Bowman Avenue be removed to achieve a full streetwall along Ridge Street; and one garage space be included in each two-family unit to reduce the amount of land consumed for parking; WHEREAS, with respect to Westchester County sewer impacts, Westchester County recommended that either the Village or the Applicant implement measures (such as inflow & infiltration reductions) to offset the projected increase in flow, and with respect to stormwater management, Westchester County recommended that additional, above-ground treatment measures be considered to treat and retain as much stormwater on-site as possible; and WHEREAS, the Board of Trustees disagrees with Westchester County's Comment #1 and #3 regarding the design of the proposed project and the elimination of the proposed Bowman Avenue curb cut because the Board of Trustees finds that (1) the proposed project is sensitive to the context of the surrounding environment because of its location in a transitional area between the C-1 Neighborhood Retail Zoning District and the R-2F Two- Family Residential District and the desire to avoid the placement of a wall of housing facing Barber Place because it is a narrow residential street; (2) removing the proposed Bowman Avenue curb cut may create additional traffic on Barber Place which is a narrow residential street; and (3) adding garages to the buildings will require an even greater waiver from the applicable 30 ft. height limitation which may adversely impact the character of the existing neighborhood; and WHEREAS, the Board of Trustees agrees with Westchester County's recommendation regarding the implementation of measures to offset the projected increase in sewage flows from the property and since no inflow and infiltration project is currently identified within the village, the applicant shall contribute $50 per dwelling unit towards a future inflow and infiltration study in the village; and WHEREAS, although not required by General Municipal Law 239-nn or Westchester County Administrative Code §277.71, the application was referred to the Village of Port Chester and the Port Chester-Rye Union Free School District as a courtesy on or about September 26, 2012 and the Board of Trustees received on November 14, 2012 a letter from the Village of Port Chester dated November 9, 2012; and WHEREAS, on October 30, 2012, the Board of Trustees opened a public hearing on the subject subdivision and site plan applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on November 27, 2012; and WHEREAS, on November 27, 2012 the Board of Trustees adopted a Negative Declaration for the Action, which included the rezoning petition, subdivision and site plan applications, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and adopted a local law which amended the Zoning Map of the Village of Rye Brook to change the zoning designation of the subject property from C1 to FAH, including any waivers to the applicable dimensional and bulk requirements as may be granted by the Board of Trustees; and BOARD OF TRUSTEES MEETINGS November 27,2012 Page 10 of 32 WHEREAS, pursuant to Village Code §250-26.1(F)(3)(b), the Applicant has requested that the Board of Trustees approve the following waivers from the applicable dimensional and bulk requirements of the FAH District to be applied to the subject property: 1. §250-32.F.(1). The minimum front yard setback is 30 ft. The applicant proposes an 11.5 ft setback at the Barber Place elevation. Therefore an 18.5 ft front yard setback waiver is required. 2. §250-32.F.(3�. The minimum required rear yard setback is 30 ft. The applicant proposes a 10.6 ft. rear yard setback at the south elevation. Therefore a 19.4 ft. rear yard setback waiver is required. 3. 10250-32.H. The minimum required useable open space is 3,200 sq. ft. The applicant proposes to provide 2,036 sq. ft. Therefore a 1,164 sq. ft. useable open space waiver is required. 4. 10250-32.G./250-31.G.(2). The maximum allowable building height is 30 ft. The applicant proposes a height of 33 ft. Therefore a 3 foot maximum building height waiver is required. 5. §250-32.G./250-21.G.Q). The maximum number of stories is 2. The applicant proposes 3 stories. Therefore a one story waiver is required. (The code allows for a lnaxilnurn height of 40 ft. and 4 stories if serrci freproof construction isproposed. Theplans contain no inforrvation in this regard.) 6. 10250-32.K.(I)/250-6.G.(1)(c)[21. The minimum number of required off-street parking spaces is 5/two-family dwelling for a total of 40 spaces. The applicant is proposing 24 spaces. Therefore a waiver for 16 off-street parking spaces is required. 7. 5250-2 Definitions, PARKING SPACE. The minimum parking space size is 175 sq. ft. The applicant proposes to provide parking spaces measuring 162 sq. ft. in size. Therefore a 13 sq. ft. waiver is required for each parking space. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 11 of 32 8. 10250-26.1.F.(3)(d). The minimum required floor area of a one-bedroom AFFH unit is 675 sq. ft. The applicant is proposing all the one bedroom units to be 617 sq. ft. in size. Therefore a waiver of 58 sq. ft. is required for all one bedroom units; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the above-referenced waivers of the dimensional and bulk requirements of the FAH Zoning District, pursuant to Village Code §250-26.1(F)(3)(b), upon the following findings: 1. The waivers are consistent with the purpose and intent of the Village of Rye Brook Zoning Code and Official Map; 2. The waivers will further fair and affordable housing within the Village by permitting the development of sixteen (16) units of fair and affordable housing that are designed and intended to be consistent with the requirements of the 2009 Stipulation and Order of Settlement and Dismissal in the case of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. P. Vestchester County, New York, which requires Westchester County to implement a plan to provide 750 units of fair and affordable housing in eligible municipalities throughout the County; 3. The waivers will permit the construction of a multifamily residential development consisting of sixteen (16) units of fair and affordable housing on a lot located between a neighborhood retail/commercial zoning district and a two-family residential zoning district, within easy walking distance of transit, shopping and employment opportunities, and therefore, is in harmony with the appropriate and orderly development of the immediate area; 4. The waivers have been minimized the greatest extent practicable to mitigate any potential impacts upon the orderly development and quality of life for neighboring areas; BOARD OF TRUSTEES MEETINGS November 27,2012 Page 12 of 32 5. The waivers will permit the construction of a multifamily residential development which will advance economic development within the Village; 6. The site plan has been designed with the requested waivers to include appropriate screening, stormwater management facilities, landscaping and other site elements, such that the location, nature and height of the proposed building, location of parking and the nature and extent of landscaping on the site will not hinder or discourage the appropriate development and use of adjacent land and buildings or substantially impair the value thereof; 7. As demonstrated by the adoption of a Negative Declaration pursuant to SEQRA, the waivers will not result in any significant adverse environmental impacts; and 8. The requested waivers are the minimum necessary to maintain the economic viability of the affordable housing development proposal; and BE IT FURTHER RESOLVED, that after considering the recommendation of the Village Engineer/Superintendent of Public Works, the Board of Trustees hereby grants, pursuant to Section 250-26.1(E)(2)(a) of the Village Code, the Applicant's request for a waiver from requirement of Section 219-30(C) of the Village Code that topographic information be included on the subdivision plat; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the subdivision (lot merger) of property known and designated on the tax map of the Town of Rye as Section 141.27, Block 1, Lots 26, 31 & 32, shown on the Preliminary Merger and Reapportionment Map, dated July 12, 2012, prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y., and the Magor is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Mayor: 1. The Applicant shall provide the necessary documentation to the satisfaction of the Village Attorney demonstrating the subject lots have been brought under common ownership. 2. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219-32 of the Village of Rye Brook Subdivision Regulations, which shall include the BOARD OF TRUSTEES MEETINGS November 27,2012 Page 13 of 32 Town of Rye tax lot designations for the subject lots. The Final Subdivision Plat shall also include the names of owners of record of properties directly across Bowman Avenue from the proposed subdivision and shall include the existing building lot lines within Tax Lot 26 as shown on the Subdivision Map of Property Belonging to BCK Realty Corporation in the Town of Rye, Westchester County, N.Y., dated July 6, 1929, filed in the Westchester County Clerk's Office at Vol. 71, p. 36. Upon obtaining a satisfactory review by the Superintendent of Public Works/Village Engineer, the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Mayor. 3. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due for both lots have been paid; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan application referenced herein, upon the following conditions: 1. Prior to the issuance of a building permit, the Applicant shall use best efforts to coordinate with the relevant utility companies to arrange for the relocation of utility poles along the portion of Barber Place adjacent to the project site so as to accommodate a widening of Barber Place in that location by the Applicant. The cost of relocating the utility poles shall be borne by the Applicant. If the Applicant is not able to achieve cooperation from the utility companies, the Applicant shall widen Barber Place up to the location of the utility poles and no further. Plans for the widening of Barber Place shall be submitted to the Village Engineer/Superintendent of Public Works for review and approval. 2. Groundwater from the site shall not be used for potable or other purposes. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a Final Construction Management Plan for review and approval by the Village Engineer/Superintendent of Public Works. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 14 of 32 4. Prior to the issuance of a Building Permit, the Applicant shall submit a final Stormwater Management Plan for review and approval by the Village's Consulting Engineer. 5. Prior to the issuance of a Building Permit, the Applicant shall obtain approval from the Westchester County Department of Public ``Works & Transportation pursuant to General Municipal Law 5239-F. 6. Prior to the issuance of a Building Permit, the Site Plan shall be revised to show the location of a bicycle rack. 7. To accompany the painted pavement arrows, a "Do Not Enter" sign shall be installed where the angled parking meets the larger parking area. 8. A detail of the concrete driveway apron shall be provided. 9. Of the 16 replacement trees to be planted, 13 are proposed as hardwoods and 3 are proposed as Pines or Ornamental species. The Applicant shall replace the 3 non-hardwoods with 3 hardwood trees to be approved by the Superintendent of Public Works/Village Engineer. The proposed Silver Maples shall be replaced with a different hardwood variety to be approved by the Superintendent of Public Works/Village Engineer. 10. The Applicant shall comply with all provisions of Village Code 5250-26.1(G) through §250-26.1(L). 11. Prior to the issuance of a Building Permit, the Applicant shall submit a Declaration of Restrictive Covenants to the Program Administrator, as defined by Village Code 5250- 26.1(D), or such other appropriate entity as determined by the Village Administrator, for approval in recordable form acceptable to the Village Attorney, which shall ensure that the AFFH Units shall remain subject to affordable housing regulations for the minimum fifty-year period set forth at Village Code 5250-26.1(H). The Declaration of Restrictive Covenants shall state that the AFFH Unit shall be the primary residence of the resident household selected to occupy the unit. Upon approval by the Program Administrator, or such other appropriate entity as determined by the Village Administrator, the Declaration of Restrictive Covenant shall be recorded in the Land Records Division of the Office of the Clerk of BOARD OF TRUSTEES MEETINGS November 27,2012 Page 15 of 32 the County of Westchester prior to the issuance of a Certificate of Occupancy for any AFFH Unit. 12. The AFFH Units constructed pursuant to this approval shall be sold or rented, and resold and re-rented only to qualifying income-eligible households for a period of 50 years. Resale and re-renting of the AFFH Units shall comply with the requirements set forth at Village Code §250-26.1(1 and X250-26.1(L), respectively. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan, for so long as the Westchester County Fair and Affordable Housing Affirmative Marketing Plan remains in effect, so as to ensure outreach to raciallv and ethnically diverse households. 13. A final, detailed monitoring and maintenance plan for all stormwater management facilities shall be submitted for review and approval of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all stormwater management structures and appurtenances in accordance with the approved plans to insure the proposed stormwater management facilities function to the standards and objectives of the Village of Rye Brook stormwater management ordinance and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. BE IT FURTHER RESOLVED, that prior to the issuance of a building permit the Applicant shall pay to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Toby Marrow, and seconded by Trustee Jeffrey Rednick, 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 BOARD OF TRUSTEES MEETINGS November 27,2012 Page 16 of 32 Mayor Feinstein noted that there is a lot of work to be done, and a Program Administrator must be appointed. Mr. Bradbury noted that he would obtain some proposals and then come back to the Board. PUBLIC HEARINGS: 2) Public hearing to consider an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue Mr. Jim Ryan of John Meyer Consulting addressed the Board. He noted that Mr. Kip Konigsberg, applicant, was also in attendance. As of the last public hearing there were some items that needed to be addressed. In addition, there were some questions/comments raised by the Village's Consultants. The applicant is looking for some feedback from the Board, and there were questions on landscaping that also needed to be aired. Mr. Ryan noted that all the comments received have been responded to. The majority of the comments related to the water flow on the property. This property has gone through an intensive review. As a matter of process, and since this is a United Water infrastructure, they run the analysis. The analysis with United Water and their agency, and they are satisfied with this information. The information will be presented to Mr. Rotfeld, as he has made this request. There is an Inflow & Infiltration on the property and discussions were held with the Superintendent of Public Works, Mr. Michel Nowak. This project is a work in process. Work has started. The applicant is standing by the plan as it was designed. The slopes were intensely reviewed. Access has been opened to the slopes. There are no material changes proposed. Mr. Ryan made a few comments on the landscaping. An extensive review was completed to get site plan approval. There were four or five memorandums that were responded to. Ms. Timpone Mohamed has made comments, the applicant is agreeable to these changes. The landscape plan will not change substantatively. A landscaping plan is also in place for the Bowman Avenue side of the project. The flower beds in front of some of the units are being reviewed. It was felt, however, that the number of trees being requested is inappropriate. Along the backs of the building there is open access. The plantings in the front are evergreens. The current planting is a very dense planting. The invasive species list was not really that well developed and, therefore, some non-invasive plant materials cab be swapped out. The applicant will work with F.P. Clark's office on this issue. An extensive buffer area will be planted along Bowman Avenue. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 17 of 32 Ms. Timpone-Mohamed was also looking for additional information on the beds to be planted in front of the unit. The applicant feels that the FEIS should be used and not the 2007 plan. No additional tree plantings will be done in the rear of the buildings. The plans went through a thorough review. Mayor Feinstein called upon Mr. Dolph Rotfeld, Village Consultant, for his comments. Dolph Rotfeld, Village Consultant, addressed the Board. Mr. Rotfeld started by noting that there was a letter submitted by United Water that was reviewed. Basically, they have agreed to supply water to this site. The water company has done pressure tests. He reviewed the test results, and the issues that his firm has reviewed for the Village. Mr. Rotfeld noted that a Fire Flow Test was done approximately one (1) year ago. A test should be done on South Ridge Street. The Fire Chief is reviewing this application. A letter was also received from Fire Assisted Services. Mr. Rotfeld noted the opinion is that adequate water will be provided to the site. He also discussed flow measurements done on the stream, the installation of the sewer lines by Joken, planting to be done on the slope. He felt that having designs and projections was beneficial. Also, checking on what was done and if it worked was also a good idea. There are some open issues. Ms. Timpone Mohamed addressed the planting on the property. She noted that there is a tremendous amount of impervious surface and the planting is to offset that. The trees can be replanted. The mix of plants will benefit the site. There is a big difference between the two planting plans. Your approval of the site plan was based on the findings. Removing certain trees is acceptable, but there can be a replanting. There is even room in the buffer. She recommended putting everything in that she requested because the plans were already scaled down. She felt that some other Westchester County concerns needed to be addressed. There are open issues. Mr. Jim Ryan felt that the landscaping plan was reviewed. There were two trees on this site when construction was started. One of the trees fell down and one tree was removed. Going back and ignoring the fact that the landscape plan was approved. Adding additional trees—this was fully vetted. Mayor Feinstein noted that the footprint of this project has not changed, but the buildings are slightly larger. Although the footprint has not changed, the length of the buildings has. This project is in the scenic road district. This site was a fill site, but it is not being used as a fill site any longer. There is a lot of work to be done to prepare the site. The plantings shown will make a better project. The planting plan also provides privacy for the people who will live there. Now there is a question of how you can plant the plants without moving the boulders. This may not be possible. At that point the only plantings on the island are what is BOARD OF TRUSTEES MEETINGS November 27,2012 Page 18 of 32 going to be installed. The plants are for aesthetics and for the environment. She was not sure what the resistance was about. Mr. Konigsberg, applicant, addressed the Board. He noted that this was frustrating to him. These issues with landscaping came up at the end of the review. The landscape plan has not really changed. All of the plants on the plans were approved. He plans on screening the development. Sixty more trees is a lot. The plans were signed off on and now this issue comes up. The buildings are only 18 inches deeper. They are the same height. He asked that the Board should start this review from what was approved. Mayor Feinstein stated that she did feel that the Board should start with what was approved. Trustee Rednick agreed. Mr. Konigsberg noted that there were two outstanding issues that are being addressed. Mayor Feinstein called for members of the public wishing to address the Board. There was no one. Mr. Ryan stated that all of the comments made this evening were fair comments. Mayor Feinstein called for a motion to adjourn the public hearing to the December 11, 2012 meeting. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the public hearing was adjourned. 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, with the consensus of the Board, called for an item out of order on the agenda: 5) AUTHORIZING CIRCULATION OF NOTICE OF INTENT TO DECLARE LEAD AGENCY PURSUANT TO SEQRA FOR AN AMENDED SITE PLAN AND SPECIAL PERMIT APPLICATIONS SUBMITTED BY RECKSON OPERATING PARTNERSHIP, LP FOR PROPERTY LOCATED AT 1100 KING STREET Mr. Bradbury read the following resolution: BOARD OF TRUSTEES MEETINGS November 27,2012 Page 19 of 32 RESOLUTION AUTHORIZING CIRCULATION OF NOTICE OF INTENT TO DECLARE LEAD AGENCY PURSUANT TO SEQRA FOR AN AMENDED SITE PLAN AND SPECIAL PERMIT APPLICATIONS SUBMITTED BY RECKSON OPERATING PARTNERSHIP, LP FOR PROPERTY LOCATED AT 1100 KING STREET WHEREAS, the Board of Trustees is in receipt of applications by Reckson Operating Partnership, LP for approval of an Amended Site Plan and Special Permit at property located at 1100 King Street, designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District (the "Project"); and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action with a coordinated review. NOW, THEREFORE, BE IT 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. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the proposed site plan amendment and special permit application be referred to Westchester County Department of Planning no less than 30 days prior to the public hearing concerning applications, and pursuant to General Municipal Law §239-nn, the proposed site plan amendment and special permit application be referred to the Town/Village of Harrison and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the applications. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was opened to discussion. William Null, Esq., of the law firm Cuddy and Feder, addressed the Board as the representative for the applicant. He questioned what other involved agencies could serve as lead agency, as it was the applicant's belief that there were none. The applicant understood the need for forwarding information to Greenwich and Harrison, but not the delay of intent to declare themselves the lead agency. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 20 of 32 Edward Beane, Esq., Village Counsel, responded that as a practical matter it does not make a difference. Attorney Null said that the difference was that it would put the application behind for 30 days. Marilyn Timpone Mohamed, Village Consultant, noted that she did not see another agency that could be the lead agency. Mayor Feinstein called for a temporary recess so that the Board could discuss this matter further with Village Counsel. Upon the Board's return, Attorney Beane read the changes to the resolution. He noted that there is no possibility of a lead agency other than the Village. The resolution was amended, declaring the Village Board as the lead agency. On a motion made by Trustee Heiser, and seconded by Trustee Marrow, the following resolution was adopted as amended. DECLARING LEAD AGENCY PURSUANT TO SEQRA FOR AN AMENDED SITE PLAN AND SPECIAL PERMIT APPLICATIONS SUBMITTED BY RECKSON OPERATING PARTNERSHIP, LP FOR PROPERTY LOCATED AT 1100 KING STREET WHEREAS, the Board of Trustees is in receipt of applications by Reckson Operating Partnership, LP for approval of an Amended Site Plan and Special Permit at property located at 1100 King Street, designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District (the "Project"); and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQR) determines the proposed action to be an Unlisted Action with an uncoordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby Declares itself to be Lead Agency,pursuant to SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the proposed site plan amendment and special permit application be referred to Westchester County Department of Planning no less than 30 days prior to the public hearing concerning applications, and pursuant to General Municipal Law X239-nn, the proposed site plan amendment and special permit application be referred to the Town/Village of Harrison and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the applications. Mr. Burke called the roll: BOARD OF TRUSTEES MEETINGS November 27,2012 Page 21 of 32 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 Mr. Null noted that the Planning Board meeting was held on November 26th and is scheduled to meet December 13"'. He thanked the Board for their actions. As the Board is aware, there is a very short time frame to make this a viable project. He asked that the public hearing be scheduled for December. Mayor Feinstein stated that the Planning Board has been expeditious. The application was referred to the Planning Board but she felt that it was premature to set a public hearing as there are still open issues. If a special meeting needs to be held, it will be scheduled. She thanked the applicant for working with the Village, and reminded the applicant that the Village's procedures must be adhered to. 4) CONSIDERATION OF AN APPLICATION FOR APPROVAL OF A SECOND AMENDED SITE PLAN APPLICATION AND WETLAND PERMIT REGARDING THE INSTALLATION OF A PAD- MOUNTED TRANSFORMER AND UTILITY POLE FOR THE SLUICE GATE ON BOWMAN AVENUE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERATION OF AN APPLICATION FOR APPROVAL OF A SECOND AMENDED SITE PLAN APPLICATION AND WETLAND PERMIT REGARDING THE INSTALLATION OF A PAD-MOUNTED TRANSFORMER AND UTILITY POLE FOR THE SLUICE GATE ON BOWMAN AVENUE WHEREAS, the Village of Rye Brook Board of Trustees is in receipt of a request by the City of Rye ("Applicant") for a second amendment to the approved Site Plan, dated October 2011, last revised January 6, 2012, prepared by WSP Sells, Briarcliff Manor, NY, and obtain a Wetland Permit, to install a pad-mounted transformer and utility pole, on property owned by the City of Rye but located BOARD OF TRUSTEES MEETINGS November 27,2012 Page 22 of 32 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, the Board of Trustees has reviewed the following application materials: 1. Letter to Board of Trustees from Christian K. Miller, City Planner, City of Rye, dated November 20, 2012 2. Restoration Landscape Plan, prepared by WSP Sells, Briarcliff Manor, NY, Drawing No. 5A of 26. 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, due to the applicant's status as a municipality, the Village Board of Trustees considered a host of factors on September 27, 2011 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 Applicant 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 all aspects of the application; and WHEREAS, the Applicant currently seeks a second amendment of the approved Site Plan and obtain a Wetland Permit to allow the installation of a pad- mounted transformer and utility pole; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOVED, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and based BOARD OF TRUSTEES MEETINGS November 27,2012 Page 23 of 32 upon the information stated in the Short Form EAF determines the proposed action to be a Type II Action pursuant to SEQRA for which no further environmental review is required. BE IT FURTHER RESOLVED, that for the reasons set forth in the Board of Trustees Resolutions concerning the Sluice Gate, dated September 27, 2011 and September 11, 2012, the Board of Trustees hereby reaffirms its prior determinations that: a. The Board of Trustees shall retain approval authority for all aspects of the application; b. All application, permit and professional consulting fees related to this Application are waived; and c. The City of Rye shall be required to comply to the greatest extent practicable with the zoning requirements of the R-10 District and the Scenic Roads Overlay District, however, to the extent such requirements cannot be met the Village Board of Trustees hereby determines that the City of Rye shall not be required to obtain a variance from the Village of Rye Brook Zoning Board of Appeals. BE IT FURTHER RESOLVED, that after consideration of the 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), due to the applicant's status as a municipality, 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, the Board of Trustees hereby finds that the application shall not be referred to the Planning Board for consideration of a report and recommendation and the application shall not be subject to a public hearing. BE IT FURTHER RESOLVED, that after consideration of the 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) the Board of Trustees hereby grants the site plans listed herein to install a pad-mounted transformer and utility pole, 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 plans listed above, upon the following conditions: 1. All conditions set forth in the Board of Trustees Resolutions concerning the Sluice Gate, dated September 27, 2011 and September 11, 2012, shall remain in full force and effect. 2. That the applicant shall submit an updated set of plans.......drawing #5a26. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 24 of 32 BE IT FURTHER RESOLVED, that after consideration of the 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) 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 Building Inspector, the Village Superintendent of Public Works/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 Superintendent of Public Works/Engineer and Village Building Inspector 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. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 25 of 32 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. £ The permit, including all conditions, shall be binding on all successors and assignees of the permit holder. On a motion made by Trustee Rednick, and seconded by Trustee 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 Mr. Christian Miller, City Planner for the City of Rye, addressed the Board. He noted that during construction it was learned that the type of power needed is not available. Overhead electrical service has been requested as the delay for underground service was quite lengthy. There will be a customer pole located 65 feet from the edge of Bowman Avenue. The area will be landscaped. The electrical service is desperately needed in order to make the sluice gate operational. Mr. Miller noted that the technical work needs to be done in order to have the sluice gate operational before the end of the year. There are many anxious residents. Trustee Rosenberg asked if there is a problem on Bowman Avenue, or does the sluice gate need a tremendously large amount of power to operate? Mr. Miller noted that the power had to be matched to operate the sluice gate. Trustee Rosenberg noted that we just went through a terrible storm with many trees down. He felt that the over head wiring was not the preferred route and perhaps the overhead wiring could be temporary while the underground wiring is installed. Mr. Miller noted that there is a diesel tank and a backup generator that will be put in place. This is an effective back up. Trustee Rosenberg noted that burying the lines underground was the better route. He stated that this was just something to think about. Mr. Miller stated that he would take this suggestion back to the engineers. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 26 of 32 Mayor Feinstein called for questions or comments from members of the public. There was no one wishing to address the Board. She noted everyone was looking forward to having the sluice gate functional. Mr. Burke 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 asked for the Board's permission to move up the discussion item. With the Board's approval, she called for item number 1 under Discussion Items: DISCUSSION ITEMS: 1) SUGGESTED CHANGES TO THE VILLAGE'S TREE ORDINANCE AS A RESULT OF RECENT STORMS Residents are very concerned about the trees and how they can affect their homes. As we know, there was a major storm in March 2010. Next came Hurricane Irene in 2011. And now, on October 29th, Hurricane Sandy hit our area. The Village has lost a lot of trees. When trees come down on their own this is considered an act of nature. However, the Village has regulations for tree removal and residents cannot take down a healthy tree, and tree removal in general requires a permit. Rye Brook is known as a Tree City. Richard Buzin, resident, sent the Board an email on this issue. Mr. Bradbury noted that a major re-write of this are of the Village's Code was done in 2009. The Environmental Council reviewed the regulations. After the re- write, the Board was given a lot of flexibility in this area. Street trees are strictly regulated. Trustee Rosenberg noted that a lot of work went into the Tree Ordinance, but many trees came down in the last storm. Many of them were hallowed out, which could not be seen until the trees were down. He felt that maybe the Tree Ordinance was too strict. There should be a little bit of loosening regarding what a resident can do on their property. Trustee Rosenberg noted that there is a BOARD OF TRUSTEES MEETINGS November 27,2012 Page 27 of 32 replanting ordinance. If residents cannot replant on their property, a contribution can be made for street tree planting. The replanting does not have to be done on the residents' own property. Mr. Bradbury noted that if it is impractical to replant on a residents' property then there is the replanting fund. Many residents are unaware of this provision. Trustee Rednick also felt that there should be a loosening up on the Tree Ordinance. If a resident feels that the tree is a danger to their house; then they should be able to remove it. He felt that the local law should be sent back to the Environmental Council for review. Trustee Marrow noted that there is a balancing act here. Residents must feel comfortable in their own homes, but there are environmental issues as well. She was in favor of loosening up the local law, but felt that it was important to ask for the Environmental Council's assistance. Trustee Heiser noted that a tree fell during the past storm and destroyed his house. He understands the impact that trees can have during a storm. He felt that the Environmental Council should be asked to review this ordinance. Mayor Feinstein noted that many people want to take down the trees as a result of the storm. This could have an impact and the Village would look very different. There must be some flexibility. This ordinance should not affect the quality of life of the residents, but trees are very important to the environment and that must also be taken into consideration. Mr. Bradbury stated that this matter will be referred to the Environmental Council. Dr. Richard Buzin, resident and former Trustee, addressed the Board. He noted that he was fortunate enough during the last storm to not have lost any trees, but many other residents were not as lucky. He felt that having the Environmental Council review the local law was a good idea. He thanked the Board and Village for their hard work during Hurricane Sandy. There needs to be a balance. When a tree is lost then there should be replacement. The community should be informed that in lieu of planting on their property, they can make a donation. The Village's Code should make things easier for the residents. Mayor Feinstein called for the public hearing on Section 209 of the Village Code. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 28 of 32 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 209 OF THE VILLAGE CODE REGARDING SEGMENTATION OF APPLICATIONS On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, 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 although this was a public hearing, there were no members of the public in attendance. This matter has to do with the Village Board considering a local law so that applicants cannot submit multiple projects within a period of 24 months that would result in an increase of more than 50% of the gross floor area without requiring a site plan review. There are certain thresholds for site plan review. An instance came up where an applicant legally avoided site plan review by splitting up the projects over a period of time. This matter was referred to the Planning Board for a report and recommendation. They determined that the timing determination should be clarified. Also considered wer applications submitted by different owners of the same property. Mayor Feinstein listed her concerns. One of the concerns discussed by the Board was the length of time. Mayor Feinstein felt that 24 months was too long and she suggested 18 months. The intent is great, but the timeframe may be a little too long. Mayor Feinstein felt that people should be allowed to make improvements to their property. There could be an issue when there is a small house, or when the resident makes improvements and then comes back and makes more improvements. Mr. Bradbury noted that the Board could set the timeframe. Trustee Rosenberg noted that there are a million reasons why a resident does not do all of the improvements that they plan to do at the same time. Everyone has to live within the parameters of the law. If someone is entitled to make a certain amount of changes without going through a site plan review, then good for them. He understood that the Village was trying to close a loop hole —but he didn't want the Board to go too far in the opposite direction. On a motion made by Trustee Rosenberg that the length of time be changed to 18 months, and then that the public hearing be adjourned. Trustee Marrow agreed with Trustee Rosenberg's comments. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 29 of 32 Mr. Bradbury noted that the discussion could take place at another time. This is almost a work session topic. Trustee Heiser noted that if timed right a resident could end up with a 3200 square foot house from a 1500 square foot house without ever going through a site plan review. Mayor Feinstein agreed, and suggested talking in general about whether or not changes need to be made. Attorney Beane noted that the language could be cleaned up and the timeframe could be changed. The next draft will change the timeframe from 24 months to 18 months. Mayor Feinstein called for a motion and second to adjourn the public hearing to the December l It" meeting. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the meeting was adjourned. 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 1) CONSIDERING THE APPROVAL OF MINUTES: SEPTEMBER 119 2012; OCTOBER 30, 2012; NOVEMBER 7, 2012 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the minutes were approved. 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 an addition to the agenda. A discussion item regarding waiving some of the permit application fees for people doing work as a result of damage incurred with respect to Hurricane Sandy took place. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 30 of 32 Trustee Rosenberg noted that he was in favor of waiving some of the fees. He did note that the difficult thing would be how you determine what damage was from the Hurricane and what the timeframe for repairs would be. Mr. Bradbury noted that the timeframe should be reviewed. He suggested that he draft something for the next meeting. He was unsure whether or not it would be an amendment to the local law or a resolution. Trustee Heiser noted that repairs take time. Residents don't know what permits to apply for at this time. Insurance companies are involved. It is very frustrating. He noted that he is still interviewing architects, and just the removal of the tree from the house was $11,000.00 and to-date the insurance company has not made any payments. These types of repairs take time. Mayor Feinstein noted that more thought must be put into this suggestion. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that storm debris is still being collected by the Highway Department. Manageable sized logs have been picked up. The Highway Department will go through the Village again, and December 3rd is the cut off day. Normal procedures will go back in place after December 3rd. After that the contractors will need to remove the debris from the site. The Highway Department is doing a great job. Regarding the storm, and FEMA assistance, it was noted that information is listed on the Village's website. The Disaster Recovery Center in White Plains is still open. Their hours are 5:00 a.m. to 6:00 p.m. seven days a week. Beginning December 3rd, the Washington Park Plaza will be doing some major work, including roofing repairs. There will be some night work done. The work will go on for seven to ten days. The Rye Town Dissolution Study draft report will be presented to the public on November 28t1'. The information is listed on the Village's website. The Village is working on removing the 40 street trees that were damaged during Hurricane Sandy. Assistance will be brought in for those trees that are too large for the Village's staff to handle. The Village is on track for the Leaf Program. Staff has been operating seven days a week to keep up. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 31 of 32 There being no additional business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the meeting was adjourned at 10:30 p.m. BOARD OF TRUSTEES MEETINGS November 27,2012 Page 32 of 32