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HomeMy WebLinkAbout2011-02-16 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET WEDNESDAY, FEBRUARY 16, 2011-8:00 P.M. AGENDA 7:00 P.M.–Executive Session– Contract Negotiations 7:30 P.M.–Mayor's State of the Village Address ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS RESOLUTIONS: (1) Considering an application for the removal of a Significant Tree at 1 Beacon Lane (2) Considering a request to use the Rye Brook Athletic Fields at King Street for an event to promote homeless awareness (3) Considering referring a proposed site plan amendment to the Rye Ridge Shopping Center to the Planning Board for report and recommendation (4) Considering referring a Special Use Permit and Site Plan Application to legalize existing offices and parking lot at 558 Westchester Ave. to the Planning Board for report and recommendation (5) Considering a waiver of the 30-day notice requirement for an Application for On-Premises Alcoholic Beverage License by MK LCP Rye LLC at the Rye Town Hilton (6) Setting a public hearing to consider proposed amendments to Chapter 6 of the Village Code regarding BelleFair Affordable Middle Income Development Program Board of Trustees Meeting February 16,2011 Page 1 of 16 (7) Setting a public hearing to consider proposed amendments to Chapter 217 of the Village Code regarding Stormwater Management ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: March 8, 2011 and March 22, 2011 Mayor Feinstein welcomed everyone to the February 16, 2011 regular meeting of the Board of Trustees. She noted that this week's meeting was switched from Tuesday night to Wednesday night because of the holiday next week. Mayor Feinstein called for the first matter on the agenda: 1) CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 1 BEACON LANE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 1 BEACON LANE WHEREAS, Scott and Christine Hirsch the owners of 1 Beacon Lane, Rye Brook applied for a Tree Removal Permit for a thirty (30) inch diameter, forty-five (45) foot high White Pine; a forty-two (42) inch diameter, fifty-five (55) foot Linden; and a three leader twelve, fourteen and sixteen (12, 14, 16) inch diameter, seventy-five (75) foot Norway Maple at said property on November 12, 2010; and Board of Trustees Meeting February 16,2011 Page 2 of 16 WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, a thirty (30) inch diameter, forty-five (45) foot high White Pine and a forty-two (42) inch diameter, fifty-five (55) foot Linden on said property are considered a Significant Trees; and WHEREAS, Scott and Christine Hirsch have rescinded their application for removal of the (30) inch diameter, forty-five (45) foot high White Pine. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Scott and Christine Hirsch for the removal of the following: A forty-two (42) inch diameter, fifty-five (55) foot Linden; [and be it FURTHER RESOLVED, the Village of Rye Brook hereby approves the replanting plan submitted by Scott and Christine Hirsch, the homeowners in consultation with the Village Engineer to replant one (1) 2 to 2-1/2 Sugar Maple and (1) 2 to 2-1/2 Red Maple at said property; and be it FURTHER RESOLVED, Scott and Christine Hirsch, the homeowners will pay into the Street Tree/ Shade Tree fund for the remaining required (3) trees at $125/tree for a total of$375. Mr. Michal Nowak, Acting Village Engineer, addressed the Board. He noted that the tree in the rear has severe structural decay. It poses a risk to two structures — the applicant's home and a neighbor's home. Another tree in the front also shows structural deficiencies. The tree was cabled and has already snapped. The White Pine needs to be trimmed down a little bit, but does not show decay. Unfortunately this tree was topped a number of years ago, and will not heal from this type of damage. It does not show any negative impacts so the applicants have agreed to leave this tree. Mayor Feinstein noted that the Village has jurisdiction over the Linden tree but not the Maple tree. A contribution is being made to the Street Tree/Shade Tree Fund, and two trees will be planted on the site. Mr. Nowak noted that this was his recommendation as the property is not a large property and the applicant will have other uses for the open areas. Board of Trustees Meeting February 16,2011 Page 3 of 16 On a motion made by Trustee Michael Brown, and seconded by Trustee Jeffrey Rednick, the resolution was approved. Mr. David Burke, Assistant to the Village Administrator, called the roll. Trustee Michael S. Brown 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 2) CONSIDERING A REQUEST TO USE THE RYE BROOK ATHLETIC FIELDS AT KING STREET FOR AN EVENT TO PROMOTE HOMELESS AWARENESS Mayor Feinstein called upon Danny Ullman for a presentation. Mr. Ullman, a senior at Blind Brook High School, chaired a similar event last year. Mr. Ullman noted that this would be the second event for the Sleep for Solutions, to be held on May 21, 2011. He asked that the same agreement be entered into this year. There will be changes to the process and timing of some of the activities as a result of what was learned from the first event. Mr. Ullman gave a brief overview of the activities scheduled for the evening. Mayor Feinstein noted that the applicant has been in touch with the Arbors and the Blind Brook School System. Mr. Ullman noted that he will be discussing the change in time with the Arbors, being cognizant of any noise and the effect on the neighbors. Mr. Ullman noted that he has already discussed the event with the police. Mayor Feinstein thanked Mr. Ullman for his work on this event. She called upon Mr. Bradbury to read the resolution. Mr. Bradbury read the following resolution: Board of Trustees Meeting February 16,2011 Page 4 of 16 RESOLUTION CONSIDERING A REQUEST TO USE THE RYE BROOK ATHLETIC FIELDS AT KING STREET FOR AN EVENT TO PROMOTE HOMELESS AWARENESS WHEREAS, the Village received a request dated February 9, 2011 from Danny Ullman, a Blind Brook High School student Founder of HEARTH For All/Westchester Coalition for the Hungry and Homeless, Inc., to use the Rye Brook Athletic Fields at King Street from Saturday, May 21, 2011 at 8:00 P.M. to Sunday, May 22, 2011 at 7:00 A.M. for an event called "Sleep for Solutions" to promote awareness about the homeless; and WHEREAS, Mr. Ullman has also requested a waiver of any village permit or fees associated with this event, including any rental or filming fees; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, hereby approves the use of the Rye Brook Athletic Fields to Hearth for All/Westchester Coalition for the Hungry and Homeless Inc., from Saturday, May 21, 2011 at 8:00 P.M. to Sunday, May 22, 2011 at 7:00 A.M., for the purpose of holding the Sleep for Solutions event to promote homeless awareness; and be it further RESOLVED, that the Village Board agrees that due to the special nature of this event, the following conditions and waivers apply: 1. Any village permits or fees associated with this event are waived; and 2. The village will make its bathroom facilities available throughout the event. If it is determined that additional bathroom facilities are needed, these will be provided or arranged by Hearth for All/Westchester Coalition for the Hungry and Homeless Inc.; and 3. No filming permit applications, fees or permits are required for this event; and 4. Insurance must be provided to the satisfaction of the Village's risk manager; and 5. Any health and safety matters must be maintained to the satisfaction of the Police Chief, Ambulance Director, and fire safety coordinator(s); and 6. Danny Ullman and Marilyn Ullman shall be designated as the coordinators for this event; and 7. The event shall be limited to any Rye Brook residents; and Board of Trustees Meeting February 16,2011 Page 5 of 16 8. Parents or guardians of any minors must provide approval for their child to participate in the event, and appropriate adult supervision shall be arranged by the event coordinators; and 9. The coordinators are responsible for gaining an individuals consent to be filmed or photographed at the event; and 10.No tobacco use, food, or beverages are permitted on-site except for water as described by the applicant; and 11.An estimate of the number of residents attending the event will be provided to the Police Chief and Village Administrator on the Monday preceding the event; and 12.The event coordinator shall make sure the site is cleaned of any garbage or debris by 8:00 a.m. on May 22, 2011; and 13.No speakers or amplification equipment shall be utilized after 9:00 P.M on May 21, 2011; and 14.An additional hour shall be provided before the event for coordinators to set up and register attendees; and 15.An additional hour shall be provided after the event for coordinators to clean up any garbage or debris; and 16.The use of the Rye Brook Athletic Fields at King Street is contingent upon the written support and continued approval by the Arbors and the Blind Brook School District. Mayor Feinstein noted that the event should not be limited to only Rye Brook residents but should include village employees and employees of the Blind Brook Schools. She also stated that Mr. Ullman is requesting that the speakers can be used up until 9:30 pm. Both these changes should be incorporated into the resolution. On a motion made by Trustee Brown, and seconded by Trustee Toby Marrow, the resolution, as amended, was approved. Mr. Burke called the roll: Trustee Michael S. Brown 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 3) CONSIDERING REFERRING A PROPOSED SITE PLAN AMENDMENT TO THE RYE RIDGE SHOPPING CENTER TO Board of Trustees Meeting February 16,2011 Page 6 of 16 THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING REFERRING A PROPOSED SITE PLAN MODIFICATION OF THE RYE RIDGE SHOPPING CENTER TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Win Ridge Realty, LLC, has submitted an application for a site plan modification for property located at 24 Rye Ridge Plaza, Rye Brook, New York in the Cl-P Zoning District and identified on the Town of Rye Tax Assessor's Map as Section 1, Block 22, Lots 3, 3A and 4A-A; and WHEREAS, the Board of Trustees has approval authority over site plan modifications to commercial properties pursuant to Section 209-1B of the Rye Brook Code; and WHEREAS, the Board of Trustees determines that the proposed action is a Type II action pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act ("SEQRA") requiring no additional review under SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 22, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the proposed site plan modification; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the proposed site plan modification to the Planning Board for report and recommendation. Mr. Jim Ryan of John Meyer Consulting addressed the Board. He noted that Mr. Nicholas Marsh, CEO of Chop't; Steven Silberberg, Esq., counsel for the applicant; and Mr. Peter Stahl of Win Ridge were also in attendance and prepared to respond to any questions from the Board. Mr. Ryan noted that the intended use is within the existing center. It will replace the premises formerly occupied by Little Rembrandt. It is a small Board of Trustees Meeting February 16,2011 Page 7 of 16 change. This application will go before the Planning Board, who reviewed a site plan application a few years ago in connection with the conversion of the movie theater. At that time a significant review took place. There is plenty of parking available during the peak times for this restaurant. Many of the issues about converting the stores to restaurants were vetted at the time of the theater conversion. It is the applicant's hope that the applicant can be moved along quickly and smoothly. Mr. Nicholas Marsh, CEO of Chop't Symphony addressed the Board. He noted that this is a thirteen (13) unit restaurant company based in New York City. This is the first restaurant in a suburban location. It is believed that this will be a great project. There is a plan for the timing and the hope is to open the restaurant in the spring. A springtime opening is a significantly better situation than waiting for summer when many people are off on vacations. Steven Silberberg, Esq., counsel for the applicant, addressed the Board. He hoped that this matter could be moved along. The previous tenant was different in that they held parties. There will be no impact on traffic and parking. The applicant hoped that they could be heard by the Planning Board on March 10th The applicant will also go before the Architectural Review Board, who will review the sign. The applicant hoped that the Planning Board and Architectural Review Board reviews could be concurrent. Mayor Feinstein noted that she cannot change the process for Chop't, but perhaps something can be discussed and put into place for future site plan amendments. Mayor Feinstein noted that the parking for the center is non-conforming. She noted that there are some commercial trucks that park in the center from time to time. Removal of these trucks and equipment would open up parking spaces. Mr. Stahl of Win Ridge Properties discussed the recent snow storms. Some equipment is kept on site to facilitate clearing the parking areas. The snow is moved around on the site, and piled as high as possible. The issue of refuse and complaints received from neighbors was discussed. Mr. Stahl noted that there are more restaurants and residents have complained about the smell from the garbage compactor. The more garbage, the more often the compactor is emptied. Mayor Feinstein noted that it is time to think about where additional dumpsters can be placed on site. Mr. Stahl agreed, the number of restaurants in the center has increased and with that the amount of garbage has increased. Board of Trustees Meeting February 16,2011 Page 8 of 16 Mayor Feinstein suggested scheduling the public hearing on this matter on March 22nd, and if the Planning Board is not done with its review, then the public hearing can be adjourned to April 12th. It was noted that the Planning Board will hear the application on March 10th but that it normally takes two hearings before a recommendation is made. The Rye Brook Planning Board meets twice per month. Trustee Rosenberg asked that the application be advanced to the Architectural Review Board, subject to Planning Board and Board of Trustee review and approval. In order to be placed on the Planning Board's agenda, the applicant must submit the plans this week. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was approved. The roll was called: Trustee Michael S. Brown 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 4) CONSIDERING REFERRING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION TO LEGALIZE EXISTING OFFICES AND PARKING LOT AT 558 WESTCHESTER AVE. TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING REFERRING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION TO LEGALIZE EXISTING OFFICES AND PARKING LOT AT 558 WESTCHESTER AVE TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, an application was made by Leonard Brandes on behalf of property owner Steve Linder, to amend the site plan and obtain a special use permit to legalize existing offices and the parking lot of 558 Board of Trustees Meeting February 16,2011 Page 9 of 16 Westchester Ave., located on the Town of Rye Tax Assessor's Map as Section 135.83, Block 1, Lot 44; and NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby refers this application to the Village of Rye Brook Planning Board for report and recommendation. Mayor Feinstein noted that this resolution was a referral to the Planning Board for review. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the resolution was approved. The roll was called: Trustee Michael S. Brown 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 5) CONSIDERING A WAIVER OF THE 30-DAY NOTICE REQUIREMENT FOR AN APPLICATION FOR ON-PREMISES ALCOHOLIC BEVERAGE LICENSE BY MK LCP RYE LLC AT THE RYE TOWN HILTON Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A WAIVER OF THE 30-DAY NOTICE REQUIREMENT FOR AN APPLICATION FOR ON-PREMISES ALCHOLIC BEVERAGE LICENSE BY MLK LCP RYE LLC AT THE RYE TOWN HILTON RESOLVED, the Mayor and Administrator/ Clerk are hereby authorized to sign the attached waiver request of the 30-day notice requirement for an Application for On-Premises Alcoholic Beverage License by MK LCP Rye LLC at the Rye Town Hilton. Board of Trustees Meeting February 16,2011 Page 10 of 16 It was noted that there is a potential change of ownership. This waiver will move the process along, but it does not grant approval. On a motion made by Trustee Marrow, and seconded by Trustee Rosenberg, the resolution was approved. Mr. Burke called the roll: Trustee Michael S. Brown 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 6) SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 6 OF THE VILLAGE CODE REGARDING BELLEFAIR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 6 OF THE VILLAGE CODE REGARDING BELLEFAIR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 8, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed amendments to Chapter 6 of the Village Code regarding BelleFair Affordable Middle Income Development Program. Trustee Rosenberg noted that he did not support one section of the legislation. This section talks about the death of an owner in the affordable middle income unit and it sets a timeframe of six months for the sale of the unit by the surviving spouse or family member. These units are being Board of Trustees Meeting February 16,2011 Page 11 of 16 purchased by people in the community who are eligible to become the owner. It is unfair that upon the death of the owner that the spouse is kicked out. Trustee Rosenberg felt that this was too harsh. He agreed that there is a need to turn over the units, but a line must be drawn. Mayor Feinstein noted that she had an issue with the same section. She gave a scenario where the owner no longer qualifies and the family must sell the unit. The policy of affordable housing is to help those who qualify, but these units can be tied up for decades. Affordable housing must be made available to those who are eligible. She asked that the length of time be extended. Mr. Bradbury noted that the original intent was to allow the surviving spouse to stay in their home for a certain amount of time. He also noted that it does not have to be a spouse, it could be anyone living with the eligible person (a child). Edward Beane, Esq., Village Counsel, noted that this is a very difficult piece of legislation — by law there is a succession, which causes a conundrum. Trustee Brown noted the affordable housing is a fantastic benefit. There is no way to protect everyone. Legislation should be created based upon the intent. It would be unfair to those people waiting to purchase one of these units to have to wait years, but he agreed that six months was not enough time. Mayor Feinstein noted that the units are there for qualified persons and if the owner no longer qualifies, i.e.: they get another job or the spouse becomes employed, then there should be turnover. She suggested grandfathering for those owners who are there now. Attorney Beane noted that there is no way to satisfy everyone. Trustee Rednick suggested 18 months from the time of death of the eligible person, plus an extension for a hardship. Trustee Marrow noted that she was in favor of these changes. The Board discussed the timeframe, hardship extensions, and came to a consensus. Mayor Feinstein called for a motion, as modified. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Board of Trustees Meeting February 16,2011 Page 12 of 16 Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Nay Mayor Joan L. Feinstein Voting Aye 7) SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 217 OF THE VILLAGE CODE REGARDING STORMWATER MANAGEMENT Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 217 OF THE VILLAGE CODE REGARDING STORMWATER MANAGEMENT NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 8, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed amendments to Chapter 6 of the Village Code regarding Stormwater Management. Mr. Bradbury noted that the changes to this portion of the Code would bring it up to current standards. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was approved. The roll was called: Trustee Michael S. Brown 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 Meeting February 16,2011 Page 13 of 16 Board of Trustees Meeting February 16,2011 Page 14 of 16 ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that the recent snow storms have reeked havoc on the roads. There are potholes everywhere that are being filled, and re- filled. The Highway Department is doing a great job trying to keep up. This is a major focus. The Village is putting patches in but the potholes keep coming back. These repairs will be ongoing. Mr. Bradbury noted that many Christmas Trees are still out there. They have been buried under the snow piles for the past several months. Now that the snow is melting, the Village is picking them up. It was noted that the coyote trapping season has now ended. Residents are asked to continue calling in sightings so that the coyote patterns can be tracked. The coyotes are here to stay, but residents should be aware that they are here. There is additional information on the Village's website regarding what to do when you come across a coyote. Some suggestions are making a lot of noise and waving your arms. This is usually successful in scaring the animal off. A grant was received in order to fund the hiring of a consultant to see if the Town of Rye dissolution issue can be resolved. All the information will be on the Village's website. There are no elections this year, however, surrounding municipalities are finding themselves faced with problems. There is a lot of confusion about which machines to use. The County is trying to figure out if the villages should be charged back, if they should use the old machines, if the new machines should be used, or if paper ballots should be used. All of the Villages are scrambling trying to decide what is best for them. It was noted that paper ballots will not be permitted in the future, and that the new machines can deal with more technological issues. The County technicians and movers are still relied upon. These is room for error, and it is complicated and a bit of a mess. Many of the Villages are opting for paper or the use of the old lever machines. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for March 81" and March 22"d. There being no additional business before the Board, and no one wishing to address the Board, Mayor Feinstein called for a motion for an executive session. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the Board went into an Executive Session. Board of Trustees Meeting February 16,2011 Page 15 of 16 Mr. Burke called the roll: Trustee Michael S. Brown 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 Meeting February 16,2011 Page 16 of 16