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HomeMy WebLinkAbout2011-07-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 26, 2011-7:30 P.M. AGENDA 7:00 P.M.—Executive Session— Negotiations & Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program RESOLUTIONS: (1) Considering a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program (2) Considering authorizing the Village of Rye Brook to enter into a license agreement with the owners of 555 Westchester Ave. (3) Referring a proposed local law amending Chapters 250, 219 and 209 of the Village Code regarding affordable housing to the Planning Board for report and recommendation (4) Considering approving the use of village streets for a block party on Valley Terrace (5) Considering approving the use of village streets for the Friends of Crawford Park 5K race (6) Setting a public hearing to consider a proposed local law amending Chapter 228 of the Village Code regarding the hotel occupancy tax Board of Trustees Meeting July 26, 2011 Page 1 of 19 (7) Considering entering into an agreement with the Carver Center for the use of certain facilities by the Village Recreation Department (8) Considering an Inter-Municipal Agreement with Westchester County and the Village of Rye Brook for Prisoner Transportation (9) Considering the approval of minutes — May 24, 2011; June 14, 2011; June 28, 2011; July 12, 2011 (10)Referring an application for a proposed site plan amendment to 1186 King Street to the Village Planning Board for report and recommendation ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: (1) Sidewalk policy throughout the village ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Regular Trustees Meetings: August 17, 2011 & September 13, 2011 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Robert Bertolacci, Parks and Recreation Superintendent Jennifer Gray, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Board of Trustees Meeting July 26, 2011 Page 2 of 19 Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the July 26, 2011 Regular Meeting of the Board of Trustees. She noted that the first item on the agenda was a public hearing, however, in consideration of the residents who were in attendance, she asked that the balance of the agenda would be taken out of order. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING THE BELLEFAIR MIDDLE INCOME DEVELOPMENT PROGRAM Mayor Feinstein noted that the public hearing regarding BelleFair Middle Income Development Program was opened at a prior meeting. This matter has been discussed several times, and input has been received from the residents. The Board discussed removing Paragraph B of the proposed local law, and the Board also discussed the eligible person only being on the deed. No one wants to uproot a spouse or children after the death of the eligible person, but the Village must also keep the intent of these units in mind. The Board is trying to reach a balance. Mayor Feinstein turned to the members of the public for questions or comments. Trustee Paul Rosenberg noted that Paragraph B addressed the timeframe for the spouse or children to move out after the death of an eligible person. Mr. Christopher Bradbury, Village Administrator, noted that no current titles would need to be revised. The Village is not looking to go back to those people who owned the properties for more than a decade. This change is for new ownership. Edward Beane, Esq., Village Counsel, noted that he believed that the matter could be tabled until the next meeting. If there is additional information that needs to be noted and included in the crafting of the ordinance, now is the time to bring it out. Otherwise he would revise the local law based on the information already vetted. Trustee Rosenberg made a motion to adjourn the public hearing until the September 13, 2011 Board of Trustee meeting. The motion was seconded by Trustee Brown. Board of Trustees Meeting July 26, 2011 Page 3 of 19 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 Mayor Feinstein thanked the residents of BelleFair for their input. Mayor Feinstein, with the consent of the Board, called for the Discussion Item on the agenda: DISCUSSION ITEMS: (1) SIDEWALK POLICY THROUGHOUT THE VILLAGE Mayor Feinstein noted that a resident came to the Board with a request to remove a portion of the sidewalk in front of her home. The sidewalks led to no where and this sparked a discussion about sidewalks in the Village. A discussion on this matter took place among the Board members, but the Board realized that they needed input from the residents. The Board made a determination to send out notification to the residents in the area, and the matter was placed on tonight's agenda for discussion. No decision would be made at this meeting, but all input is appreciated. Mayor Feinstein noted that the Village would be initiating contact with the Port Chester School Board regarding this issue. Mr. Bradbury noted that there are areas in the Village where sidewalks start in front of one property, and then stop. Village staff went out and looked at the sidewalks throughout the Village. A removal of the sidewalks would require a public hearing and a resolution by the Board. The current Village Code calls for the homeowner to maintain the sidewalks in front of their homes. The idea is to now hear what the residents want. A resident who resides directly across the street from the high school addressed the Board. She noted that there are not many children that walk to school anymore; they drive. Cars and parking have been an issue in Board of Trustees Meeting July 26, 2011 Page 4 of 19 recent years. She also noted that there never have been sidewalks in this area, and she felt that the sidewalks are not needed. Mary Capocci of 20 Hillcrest Avenue addressed the Board. She began by stating that in this economic environment it is a bad time to consider installing sidewalks. There are sidewalks on Hillcrest Avenue and yet the children walk down the middle of the street. She asked what percentage of the Village currently had sidewalks. Mr. Bradbury responded that the greater percentage of Rye Brook does not have sidewalks. The sidewalks are on the main roads. Ms. Capocci reiterated the statement that because most of the students drive, parking in the area is very tough. Frank Grasso of 31 Whittemore Place noted that there are some sidewalks in Rye Brook, and the sidewalks in this section of the Village are a mess. There is a portion of a sidewalk on Whittemore Place, and then it stops. He noted that he is not in favor of putting in new sidewalks or removing them, but he felt that in sections where the sidewalks are fairly contiguous and in good shape, they should remain. On Ridge Street the sidewalks are beautiful. Ed Quinn of 210 Neuton Avenue noted that when you talk about installing sidewalks you must include moving telephone poles, moving utilities, and relocating sewer drains. This is very costly. Ben Miloro of Hillcrest Avenue addressed the Board. He noted that over the past five years he has tried to address this issue. He felt that it was unfair that the residents bear the burden of maintenance of sidewalks that have been in existence for over 50 years. These sidewalks were never maintained and are in poor condition. The school students have no place to walk — from Irenhyl to Woodland there are sidewalks, so they walk in the street. The safety of the students must be taken into consideration. He noted that the Village received a grant years ago to install sidewalks, but the project was never completed and Hillcrest did not receive the sidewalks. Mr. Bradbury noted that this issue was addressed many, many times over the years. A grant was applied for and received, however, the funding was cut back and the funds were not received. A portion of the initial project was completed. Mayor Feinstein noted that the most recent sidewalks have been installed on West William and this was part of a grant. The Ridge Street sidewalks were part of a County Project. Board of Trustees Meeting July 26, 2011 Page 5 of 19 Mr. Miloro noted that some sidewalks have been there for 40 to 60 years. These sidewalks are beat up, and some lead to no where. It would be unfair to place a burden on the homeowners to make repairs. Mayor Feinstein noted that the Board and Village staff was aware that some of the sidewalks are old and unsightly. She thanked Mr. Miloro for his input. Mr. Bradbury noted that the Village Code has not changed. The maintenance of a sidewalk has always been the responsibility of the residents. The question today is what should be done about these sidewalks. Jacqueline Chantri, a resident of 59 Hillcrest Avenue, noted that she did not have any sidewalks in the front of her home, and did not want a sidewalk. She noted that removing the sidewalks also carries with it a cost. The Village should not add to the residents' economic burden. Mayor Feinstein felt that if the sidewalks were removed then the financial burden should be on the Village. Nick DiFiore from 26 Woodland Avenue addressed the Board. He noted that he was opposed to the installation of sidewalks for several reasons including the fact that trees would need to be cut, and a liability for the homeowners would be created. John Mooney of Irenhyl Avenue addressed the Board. He stated that he did not have any sidewalks in front of his house and did not want them. He pointed out that about four houses on this street do have sidewalks. There is minimal foot traffic on this street which means no real need for sidewalks. The resident of 215 Neuton Avenue, Mike, Addressed the Board. He noted that he was new to the Village but that he felt that no value would be added by installing sidewalks. Mayor Feinstein turned to the Board for additional questions or comments. Trustee Brown agreed that no expense to the residents should come from the installation or removal of the sidewalks. However, he noted that a cost to the Village is a cost to the residents. The Board must consider the safety of the residents who live and traverse the areas without the sidewalks. Safety sometimes overrides expense. He felt that a closer look at this issue must take place. Mayor Feinstein thanked the residents for their input. The Board has heard that the majority of the residents are against the installation of sidewalks. With respect to Board of Trustees Meeting July 26, 2011 Page 6 of 19 what should be done with the sidewalks to no where, Mayor Feinstein noted that additional discussion was needed. A sidewalk in disrepair serves no purpose. Mr. Bradbury stated that there are some sidewalks in this area and the staff will take a closer look at them. Mayor Feinstein thanked everyone for attending and for their input. Mayor Feinstein noted that resolution #1 regarding the BelleFair Middle Income Development Program was adjourned, and she called the next item on the agenda: RESOLUTIONS: 2) CONSIDERING AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A LICENSE AGREEMENT WITH THE OWNERS OF 555 WESTCHESTER AVE. Mr. Bradbury noted that there were two resolution prepared; one was approving and one was denying the applicants' request. Mayor Feinstein asked that the approval resolution be read first. RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A LICENSE AGREEMENT WITH THE OWNERS OF 555 WESTCHESTER AVENUE WHEREAS, 555 Westchester Avenue, LLC, the owner of 555 Westchester Avenue, designated on the Town of Rye Tax Assessors Map as Section 135.83, Block 1, Lot 14 (the "Property"), requested a license from the Board of Trustees to maintain a 7.33 square foot sign currently located in the Westchester Avenue right-of-way which right-of-way is owned by the Village of Rye Brook ("Village Property") in its present location thereon, and to enter upon a portion of said Village Property to maintain, restore and replace the sign and for no other purpose; and Board of Trustees Meeting July 26, 2011 Page 7 of 19 WHEREAS, the Board of Trustees recognizes that the right-of-way fronting 555 Westchester Avenue is particularly wide rendering it impractical to locate the existing business sign on the Property, rather than on Village Property; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be a Type II Action which requires no further environmental review pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Village to enter into a License Agreement with 555 Westchester Avenue, LLC as annexed to this Resolution as Exhibit "A" to maintain the existing sign on Village Property subject to and in accordance with the terms set forth in the License Agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the License Agreement and deliver all necessary documents to accomplish its purposes. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Toby Marrow the resolution was opened for discussion. Mayor Feinstein noted that the owner of the property made an application for a generator. At that time the issue with the sign was noted. This sign is not in compliance with the Village's Code and it is on Village property. It has been noted that this is not the only sign on Westchester Avenue that is on Village property. She felt that placing the signs too far back would make it more dangerous for people who are driving and looking for the addresses. Mr. Bradbury noted that the Village's Code allows a sign of two square feet. The sign in front of 555 Westchester Avenue would require a variance because of the size, and it would need to be moved further back. A sign permit application has been submitted to the Building Department. Trustee Rosenberg noted that he would be in agreement with entering into the licensing agreement with this applicant. Trustee Brown noted that the sign is on Village property and the licensing agreement would be for the use of property within the right-of-way. Part of this sign is below the ground and there is an electrical connection. Trustee Brown questioned whether or not there was a permit for the lighting. He was concerned about the electrical lines. Attorney Board of Trustees Meeting July 26, 2011 Page 8 of 19 Beane noted that the licensing agreement would not address the electrical connection. Trustee Rednick stated that the electrical connection would require an electrical permit. Mayor Feinstein requested that additional language be added to the resolution regarding the electrical connection. Mr. Burke called the roll, as amended: 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 The resolution was approved. 3) REFERRING A PROPOSED LOCAL LAW AMENDING CHAPTERS 250, 219 AND 209 OF THE VILLAGE CODE REGARDING AFFORDABLE HOUSING TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW AMENDING CHAPTER 250, 219 AND 209 OF THE VILLAGE CODE REGARDING AFFORDABLE HOUSING TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is considering amendments to Chapters 250, 219 and 209 of the Village Code regarding Affordable Housing; and WHEREAS, the Board of Trustees recognizes the importance of providing affordable housing in our community particularly due to Westchester County's 2009 Stipulation, Settlement and Dismissal of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, which settlement requires Westchester County to implement a plan to provide 750 units of affordable housing throughout the County; and Board of Trustees Meeting July 26, 2011 Page 9 of 19 WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action and will proceed with an uncoordinated review pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Planning Board for report and recommendation; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that the proposed local law be referred to Westchester County Department of Planning for comment no less than 10 days prior to the public hearing concerning the proposed local law. Mayor Feinstein noted that the Board of Trustees decided to create an Affordable Housing Task Force. A fabulous and very active committee was created to work on this issue. Village Counsel, Jennifer Gray, did a yeoman's job and the Mayor thanked her for her hard work. The committee put in a great number of hours into the review of this local law. Attorney Gray gave a brief overview. She noted that the changes propose the creation of a new Zoning District in the Village. It will be a floating district. It is not mapped on the Zoning Map. The applicant would need to apply for use of the new Zoning District. There are incentives, such as a Board of Trustees waiver authority for zoning variances. In this proposed local law development application must have 50% of the units that are affordable housing units. The local law designates a program administrator. Mr. Bradbury noted that there is a requirement for developments over a certain size where the development would need to be in compliance with the County law. There are two applications pending before the Planning Board which would not fall under this local law. Trustee Rosenberg stated that the Board will be allowed to grant dimensional requirement waivers. Attorney Gray noted that the Board of Trustees can waive certain requirements. This would create a streamlined approach. The Board of Trustees has final approval authority. There is a list of considerations for the Board of Trustees to review in granting waivers. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. Board of Trustees Meeting July 26, 2011 Page 10 of 19 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 APPROVING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON VALLEY TERRACE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON VALLEY TERRACE RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Blvd. for the Valley Terrace block party on Saturday, September 10, 2011 (rain date of Sunday, September 11, 2011) is hereby approved with the terms and conditions to be established by the Rye Brook Police Department. Mayor Feinstein noted that the resolution was standard and requested every year. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Board of Trustees Meeting July 26, 2011 Page 11 of 19 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5K RACE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5K RACE RESOLVED, that the Friends of Crawford Park are authorized to use Village of Rye Brook streets for their 5K race on Sunday, October 2, 2011, as requested in an email by Laura Klein dated Wednesday, July 11, 2011; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mayor Feinstein noted that this is also an annual event. 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 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 A PROPOSED LOCAL LAW AMENDING CHAPTER 228 OF THE VILLAGE CODE REGARDING THE HOTEL OCCUPANCY TAX Board of Trustees Meeting July 26, 2011 Page 12 of 19 Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 228 OF THE VILLAGE CODE REGARDING THE HOTEL OCCUPANCY TAX WHEREAS, the Board of Trustees is considering amendments of Chapter 228 of the Village Code regarding hotel room occupancy tax. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of rye Brook, shall hold a public hearing on August 17, 2011 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed amendments to the local law. Mayor Feinstein noted that the purpose of this resolution was to adopt some technical changes. 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 Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING ENTERING INTO AN AGREEMENT WITH THE CARVER CENTER FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Bradbury read the following resolution: Board of Trustees Meeting July 26, 2011 Page 13 of 19 RESOLUTION CONSDERING ENTERING INTO AN AGREEMENT WITH THE CARVER CENTER FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook Recreation Department desires to enter an agreement for the use of certain pool and related facilities at the Carver Center to support the Rye Brook days camp; and WHEREAS, in exchange for the use of the Carver Center pool and related facilities at no cost to the village except for the cost for a Lifeguard and Water Safety Instructor, the Carver Center will have use of Garibaldi Park for seven (7) weeks over the summer from Monday through Friday, from 9:00 A.M. to 12:00 Noon to hold a sports camp. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of said use agreement to permit use of the Carver Center pool for the Rye Brook day camp, and to allow the use of Garibaldi Park for seven (7) weeks in the mornings for the use of the Carver Center sports camp. Mr. Bradbury noted that in recent years a different pool was used for the summer camp. The use of that pool carried fees and this year the fees went up. The Recreation Department worked out an agreement with the Carver Center in exchange for the use of a Village Park for their sports camp. This agreement saves the Village over $8,000.00 and the camp has full use of the pool for more days per week. This is a very good deal for the Village. 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 Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Board of Trustees Meeting July 26, 2011 Page 14 of 19 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 8) CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION RESOLVED, that the Village of Rye Brook is authorized to enter into an Inter-Municipal Agreement with Westchester County for prisoner transportation, for the period of January 1, 2011 to December 31, 2012 as follows: (1/l/11-12/31/11) $188.57 per round trip (1/1/12-12/31/12) $195.17 per round trip; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Feinstein noted that this was the same agreement as previous years, but with a monetary increase. 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 Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Board of Trustees Meeting July 26, 2011 Page 15 of 19 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 9) CONSIDERING THE APPROVAL OF MINUTES — MAY 24, 2011; JUNE 14, 2011; JUNE 28, 2011; JULY 12, 2011 Mayor Feinstein requested that the Board hold off on voting on the July 12th summary; but that the Board should vote on the May 24t1i, June 14th and June 28th summaries. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the summaries were approved subject to corrections submitted. 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 10) REFERRING A APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT TO 1186 KING STREET TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT TO 1186 KING STREET TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Cerebral Palsy of Westchester has submitted a Site Plan Application for approval of a site plan amendment to permit the demolition of two existing structures and construction of a new 1-story structure at property located Board of Trustees Meeting July 26, 2011 Page 16 of 19 at 1186 King Street and designated on the Tax Map as Section 124.48, Block 1, Lot 2; WHEREAS, the Board of Trustees has final Site Plan approval authority pursuant to §§ 209-1(A)(1); WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action and will proceed with an uncoordinated review pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for a proposed site plan amendment to the Planning Board for report and recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the proposed local law be referred to Westchester County Department of Planning and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the proposed site plan amendment. Michael Blumberg, architect, and Amanda Dechesaray, the civil engineer for the applicant, addressed the Board. It was noted that a building previously used as an administrative building at the Cerebral Palsy site was condemned and now would be demolished. A site plan application has been submitted. A rendering of the new building was presented to the Board. The new building will be a 1600 square foot building. This plan has evolved. The first building was a more compact design; with more stories necessitating the installation of an elevator. The footprint was 3300 square feet and now it is 6400 square feet. A single story building is more conducive to the functioning of the usage for United Cerebral Palsy. Now everything is spread out and the building is one story. The applicant has addressed all the issues such as fire and emergency access, and parking. No variances are required, and the building is outside of the wetland buffer. The applicant's civil engineer noted that some of the parking spaces were relocated. She also noted that there will be two rain gardens installed. Going from a taller structure to a more sprawled out structure maintains the campus look for the facility. On a motion made by Trustee Rosenberg, and seconded by Trustee Marrow, the resolution was adopted. Board of Trustees Meeting July 26, 2011 Page 17 of 19 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 ADMINISTRATOR'S REPORT: Mr. Bradbury noted that Chief Austin notified the Village that Connecticut did DNA testing on the mountain lion that had died and found that it was the same one sighted in Rye Brook. No one knows where the mountain lion came from, but it is believed that it traveled from South Dakota. Mr. Bradbury announced that Shakespeare in the Park starts August 6th at 5:00 p.m. at Pine Ridge Park. As of June 1st plastics 1-7 are recyclable. Waste and disposal fees have dropped. Residents can check the Village's website for additional information. Mr. Bradbury asked Chief Austin to give an update on an upcoming drill that will take place in Rye Brook. Chief Austin noted that on Friday August 5th a Policeman's Aid Drill will be hosted. It is a training exercise. The officers will put into practice the Westchester County Mutual Aid Plan. There will be a number of police officers from many jurisdictions in addition to Rye Brook. A press release has been sent out, and an email blast will be sent out. The officers will be using the Blind Brook High School and Ridge Street School fields. Mayor Feinstein asked for an update on coyotes. Chief Austin noted that calls are still coming in, but fewer than last year. At the end of June there was a fox running around the Country Ridge area. The fox had mange and was killed in Port Chester. Board of Trustees Meeting July 26, 2011 Page 18 of 19 Mayor Feinstein opened the floor to the residents. Frank Grasso, a resident of Whittemore Place, addressed the Board. He noted that unlicensed cars are parked on the street. At this time there is an unlicensed car parked in front of his home. The vehicle has been in the front of his house since July 16th. The car has no inspection, or registration. The Village Code is very specific about this type of situation, however, his calls to the Police Department have not resulted in the removal of this vehicle. The car is worked on in the street; gasoline leaks onto the street. He left the Board with photos of the car and the street, and asked that this matter be reviewed. Mayor Feinstein thanked Mr. Grasso for the information. Mr. Bradbury noted that this matter would be looked into. Mayor Feinstein noted that there will only be one meeting in August — Wednesday, August 17th due to vacation schedules. There being no additional business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the meeting was adjourned at 9:25 p.m. 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 July 26, 2011 Page 19 of 19