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HomeMy WebLinkAbout2011-10-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 25, 2011-7:30 P.M. 7:00 P.M.—Executive Session— Personnel & Legal Matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: 1) Public hearing to consider a proposed local law amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing RESOLUTIONS: (1) Considering a proposed local law amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing (2) Considering the authorization of funds for the 2011 Veterans Day to be paid to the American Legion (3) Considering a license agreement/ support contract with IMPACT for use of their software products (4) Considering setting a public hearing to abandon certain sidewalks throughout the village (5) Considering the approval of minutes— September 13 & 27, 2011 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: 1 of 16 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS November 8 & November 22, 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 Edward Beane, Esq., Village Counsel Jennifer Gray, Esq., Village Counsel Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Joan L. Feinstein called the October 25, 2011 regular meeting of the Board of Trustees to order. She acknowledged Supervisor Joe Carvin in the audience and allowed him to address the Board prior to starting tonight's agenda. Supervisor Carvin thanked Mayor Feinstein for all her hard work and participation on the Rye Town Park Commission as well. The reason he is here is to discuss the Rye Brook's position on election policy and requested that the Board allow the Town Board candidates debate held by the League of Women Voters to broadcast on the village's public access channel. Students worked on voter participation as a project this year and with participation so low he believes it is important to get voters as much information as possible. Mayor Feinstein thanked him and said that the Board would agree to relook at the policy but would allow the League of Women Voters debate tape to air. PUBLIC HEARINGS: 1) Public hearing to consider a proposed local law amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing On a motion made by Trustee Rosenberg and seconded by Trustee Rednick, the public hearing was opened and Mr. Burke called the roll: 2of16 TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor Feinstein wanted to give a history of this topic explaining that Rye Brook has always embraced affordable housing. The existing units in the Village are located on Grant Street and Bowman Avenue which is all seniors which means no children went to the school system. Additional units were built in the Bellefair complex and were open to Village as well as school district employees. Two years ago there was a settlement between the county and the federal government and it requires 750 units of affordable housing be built in Westchester County over 7 years and is specific to municipalities and not school districts. The type of housing is not housing for homeless and not section 8, but affordable housing for middle income families. She reiterated that the census blocks on the map are either blue or yellow which means that every area of Rye Brook falls within the settlement. No one on this Board has taken a position as far as the settlement but we are bound by it. She explained that while the Planning Board does the bulk of the work in reviewing affordable housing applications, the Board of Trustees has final approval authority for these applications. Mayor Feinstein spoke of the properties identified by FP Clark in the study that was performed and that the properties are located throughout the Village of Rye Brook, North and South. The list is not all inclusive but it is anticipated that this document will be a resource for developers. Any individual property owners of the sites identified were notified of such. She has met with five developers some of whom just wanted a meet and greet and to get some history on the Village. The first developer to approach us was Frank Madonna and his project was for affordable housing off Bowman Avenue on Barber Place. When that occurred the Port Chester School Board was notified so as to be kept abreast. The developer came back in December 2010 and with a smaller project at this boards request because of the concerns over the impact on the Port Chester School District. The application is still pending because it is a long process and she has done her best to keep the Port Chester school board up to date on the progress. The second application has been in progress for many years and is now before the Planning Board. The two applications that are pending are in the blue zone of the study. She reiterated again that this board is very sensitive to the concerns about the impacts on the school districts. 3of16 What has been finalized in the settlement is a model ordinance provision — there are certain provisions that have to be addressed by the municipalities to encourage streamlining and having a flexible approach to the land use process. She explained that if we do not adopt something we could be subject to litigation and loss of CDBG funding. She restated that Rye Brook is no stranger to affordable housing that this Village embraces it and we always have and that is no matter where it is proposed— northern or southern part of the village. Mr. Bradbury added that the Mayor gave a very accurate overview and he gave another brief explanation of the map. Of the locations from the study— 9 are in the Blind Brook School District, 9 are in the Port Chester School District and two are in the Harrison School District. Mayor Feinstein added that the two applications before the Planning Board are not subject to the legislation. This is about future applications and the proposed legislation is village wide and not restricted to any parts of the village. Mrs. Jennifer Gray, Village Counsel, gave an overview of the legislation proposed tonight. The way the legislation is fashioned it creates a floating affordable housing district which is available for parcels that are eligible to utilize the new zoning district to encourage the development of fair and affordable housing in the village. Consistent with the model ordinance no preferences will be utilized — all the affordable housing units are required to be marketed in conformance with the settlement. For each type of units the model ordinance provides for a minimum amount of square feet which is required. The units have to be consistent with the surrounding area. Each of the units has to be affordable for a minimum of 50 years. There are resale requirements and lease renewal requirements. On a site plan application where there are 11-20 units proposed at least one would have to be affordable housing. Mr. Bradbury added that any affordable housing would not be allowed to have only senior or work force housing. Mayor Feinstein asked if anyone wanted to speak from the public. Mr. Vince Ferrandino thanked the Mayor for a very good overview. He is here tonight speaking on behalf of the Village of Port Chester and proceeded to give a long list of his professional experience. He viewed the 21 sites including the 11 sites that would be served by District 4. The Village of Port Chester and he personally commend Rye Brook for the work done on the affordable housing issue but feels they have not considered fully the impacts on the Port Chester School District. Detailed impacts have not been provided to Port Chester and he believes that Rye Brook is obliged to do so. He went on to read a prepared statement basically stating that further research has to be done and without detailed analysis the impacts cannot possibly be known. Potential impacts should be done on a site 4of16 by site basis. Port Chester submits that this due diligence on the part of Rye Brook is critical. Port Chester is not opposed to affordable housing in Rye Brook but is simply requesting that more due diligence be undertaken with respect to analyzing potential impacts up front especially on the sites that may impact Port Chester schools. Blanca Lopez, Port Chester School District President, spoke on behalf of the Port Chester Board of Education and she thanked the Mayor for allowing them to speak. She understands that Rye Brook has been proactive in this endeavor but the demands put in place by the county and the federal government will directly impact the Port Chester School District if built in District 4. The Port Chester Board of Education strongly urges the village to restrict affordable housing being built in District 4. The Board of Education is continuing discussions with the County to urge for a change in policy regarding the proposed legislation. Rosanna Nargi addressed the Board and state that she has lived in Port Chester for 14 years and is also a teacher in the Stamford school system. Her concern is also with the impacts on the schools in Port Chester. There are 25 students in her daughter's classroom currently. She wants her daughter to get the best education possible and with class sizes so high, it is a very hard task for a teacher to do. When this Board considers where the housing goes she asked the Board to please seriously consider the impact on the Port Chester schools. Dean Santon, Hillandale Road, thanked the Mayor for an excellent overview given. He spoke about a comprehensive plan referred to by Mr. Ferrandino and wanted to clarify that the Village of Rye Brook currently does not have a comprehensive plan in place which was clarified by Mayor Feinstein. He went on to say that 1/3 of Rye Brooks community is in the Port Chester schools but the schools are physically located in the Village of Rye Brook. The bottom line is Rye Brook was simply the last to incorporate but we all came from the Town of Rye. The sites that the village noted are simply a suggestion— we cannot tell a property owner to develop a site — it is applicant driven. None of these sites are going anywhere until the owners decide to make a move. The Village of Rye Brook is not in the development business and he urged that the people in Port Chester look at it more objectively. He mentioned a prior Port Chester board meeting where it seemed to him that it was a not in my backyard scenario. In Mr. Santon's opinion, if the Port Chester Board is concerned with overcrowding, they should address that issue which is excessive density that their zoning does not permit under their laws. Mayor Feinstein clarified for record that the Port Chester School District is not just made up of children from Port Chester. Approximately 10 percent of the Port Chester School District are Rye Brook children and the schools themselves are located in Rye Brook as well. No one from the Port Chester Schools have attended the Planning Board meetings where these applications are right now. She repeated that this is the first time that they have affordable housing applications that are not 5of16 senior housing in the Port Chester School District. The units on Fox Island Road in Port Chester of which there are 35 must have had an impact itself on the school district. She asked Mrs. Timpone Mohamed to address the audience and discuss the study. Trustee Michael Brown added that the purpose of the study was not to see what potential properties were, but a survey to show availability. Mrs. Timpone-Mohamed, Village Planning Consultant, stated that there seems to be a misunderstanding. The identification of sites within the Village had a couple of goals and one was to be informative to any Boards that had projects come before them — a kind of survey of the availability or types of properties that could be developed. There is very little undeveloped land in the Village of Rye Brook— the map shows sites that are being used as existing housing or as other types of uses. Development or re-development of these sites or any other site in Rye Brook would require a study of the environmental impacts during the site plan process. Rye Brook has been mandated to make the process easy for any potential applicant. The sites on the map have nothing to do with the legislation. All of the impacts brought up tonight get addressed during the site plan application review. Mayor Feinstein went back to Mrs. Lopez's question about if this Board could ban building affordable housing in District 4. The response was that we cannot because it goes against the settlement. We would be in contravention and be held in scrutiny by the County. We are all dancing around the true issue — the impacts to the school districts. When individual applications are submitted — that is when the impacts can be truly looked at. Mrs. Gray confirmed and noted that this legislation is simply a tool for developers to use but does not commit to any future action by this Board. Richard Abel from the Westmore News added that if we ignore the school districts completely it is clear that the demographics change in Rye Brook from north to south and that it does not matter what school district you are in but what the neighborhood is. He believes this legislation lends itself to the southern end of the Village. Rye City built their affordable housing 4 feet from the Village of Port Chester. While the municipalities do not build, they do give final approval authority to do so. Port Chester feels they are being attacked from all sides — the wealthy communities that surround Port Chester are surrounding us and building on our borders. He went on to say that he believes the spirit of the law is to not build in the lower income portion of the Village of Rye Brook. Mayor Feinstein disagreed stating that the proposed legislation is not skewed to the lower portion of the Village of Rye Brook. Mr. Abel believes this Board can sweeten the law making it possible for developers to look at the northern end of the Village of Rye Brook. 6of16 Mr. Bradbury clarified that on the map, the yellow portion shows there are 60 units already accounted for and that other then the Ellendale site the other sites are no longer available. Mr. Abel continued and stated that affordable housing is not low income housing and this is an opportunity for all types of people to live in different parts of the communities. The spirit of the law is to diversify certain communities. It's an issue of the whole of Rye Brook and the demographics within it. Port Chester feels like they are being smothered— there is a lot of politics involved— he asked this board to feel Port Chester's pain. He asked about the CDBG money and what is received. Mr. Bradbury responded that we have received a lot of funding for many different projects. Mr. Abel asked about spot zoning and the response was it is not because this zoning is applicable village wide. Mrs. Gray explained that this legislation is not spot zoning. The misconception is if a re-zoning is applied to one small parcel then it is spot zoning. That is not the case as the legislation serves an overall purpose that benefits the village as a whole rather than an individual person, then there is spot zoning. The current applications before the Planning Board can petition the Board to utilize this legislation. They would have to withdraw their applications if it is adopted. Bruce Baker, resident of Port Chester and a member of the affordable housing committee for Port Chester, agrees with Mr. Abel and much of what he said. The spirit of the law is what he hopes this Board will consider and incentivize people to develop throughout the village. A community is enriched by its diversity — schools are enriched by diversity within the schools. He applauded the Board for their pursuit of affordable housing. Mr. Gary Zuckerman, Planning Board Chairman for Rye Brook, addressed the Board stating that this Village has a history in affordable housing since 1970 and is proud to have been part of the committee to help draft this legislation. What's being lost in the discussion tonight is that the Village of Rye Brook is under an obligation to comply with the settlement entered into with the County of Westchester and as part of that needs to adopt a form of the model ordinance and in doing that remove what the federal government considers an impediment to fair and affordable housing. The map of potential sites uses the word potential and the fact of the matter is that perhaps maybe none of those sites may ever be developed. We do not build housing, the county does not build housing — developers build housing where they deem appropriate. This ordinance puts Rye Brook in compliance with the law and compliance with the settlement. There are areas that suffer from overcrowding and affordable housing is needed here to alleviate that 7of16 overcrowding. What Blanca Lopez mentioned in regard to a ban in District 4 —Mr. Zuckerman does not see a problem with her seeking an exemption from the monitor — but Rye Brook cannot make that determination — it would not be allowed as part of the settlement. Mayor Feinstein explained that the ramifications if we don't move forward with the model ordinance would be that we would lose funding — grant money — and face possible litigation which impacts the entire village. We understand our obligation and that is why we have made the proactive steps we have taken. Dan Brakewood of 32 Indian Road, Port Chester also applauded the Board for being proactive and asked the Board to consider the timing of when they plan to act. He is currently running for County Legislator and based upon what he has read and heard, there are a lot of changes happening between the county, the non profit and HUD and believes the landscape could change dramatically. He believes this is a bad settlement and was done in haste and has many holes in it. Much of the conversation from this evening is because of the gaps in the settlement. He does not doubt at all that there will be dramatic changes in the next few months and encourages this Board to not be on the cutting edge of change and asked them to wait 3 to 6 months to see how some of the changes shape up because some of these issues may be moot points. Mr. Bradbury responded that the only area of implementation that has been accepted is the model ordinance. Mayor Feinstein agreed that the provisions are straight out of the model ordinance which has been approved by the County and HUD. Dean Santon believes the dialogue is progressing. Having served on this Board for 6 years, the philosophy of this village is that this community and the people that lead it have vision. They are leaders, not followers and have never used eminent domain. This is a voluntary process waiting for a developer to come forward. It's not just quantity — its quality of the sites as well. He takes exception to any divisive talk about the Village of Rye Brook— the fact is we take pride in trying to serve all the residents. The record of Rye Brook advocating for the Port Chester School District is a strong one — we are one community and we embrace affordable housing. Lawsuit or not the Village would still embrace affordable housing as long as it is properly vetted and the Village is protected. Mayor Feinstein personally believes that she is not waiting for any further discussion on the county level as we have been waiting 2 years. If we adopt this it can always be tweaked in the future. The Public Hearing will be kept open — the County gave us comments today and the Board has not been able to look at them. Mrs. Gray confirmed the County did refer comments on proposed legislation this afternoon regarding the threshold being at 50 percent. Such a high threshold may result in development that may not be economically viable without subsidies. 8of16 Another comment — regarding the amendments to chapter 209 — to consider breaking up the thresholds a little smaller to bring it more closely to the 10 percent requirement set forth in the model ordinance. Mr. Ferrandino reiterated that because the discussion paper was put on the table it has to be addressed. Make sure the I's are dotted and T's are crossed especially in regard to SEQRA. In terms of process he asked when the SEQRA documents would be ready for review and that they should be made available for review. He thanked Mr. Bradbury for his quick cooperation in getting the requested information to the Village of Port Chester. He still believes more information needs to be provided so we can see what the potential impacts might be. A floating zone that could be applied to any zone or site in the village which kind of lead developers to the sites depicted on the map - from his perspective there is a definite void. Mayor Feinstein requested and adjournment of the public hearing to November 22, 2011 and on a motion made by Trustee Brown and seconded by Trustee Marrow, the motion was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor thanked everyone for their input and dialogue. RESOLUTIONS: (2) Considering the authorization of funds for the 2011 Veterans Day to be paid to the American Legion Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2011 VETERANS DAY CEREMONIES TO BE PAID TO THE AMERICAN LEGION WHEREAS, the American Legion, Port Chester Post 93 will host the 2011 Veterans Day ceremonies on Sunday,November 13, 2011; and WHEREAS, the Village of Rye Brook Village Board would like to assist the American Legion with this event. 9of16 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand dollars ($1,000.00) to the American Legion for its 2011 Veterans Day ceremonies to be held on Sunday, November 13, 2011. On a motion made by Trustee Brown and seconded by Trustee Marrow, discussion followed. Mr. Bradbury explained that this is a different request from the past and that previous donations were for the Memorial Day ceremony. In 2006 the Rye Town Veterans ran both events and at least since 2008 we have donated for Memorial Day and not for Veterans Day Mayor Feinstein stated that this would be an increase and we would be doubling our contribution but we are not sure what the money is being used for. Mr. Bradbury responded that we had asked Mr. Weiss to come to the meeting — and he notes the funds are for flags, flowers etc. Trustee Rosenberg was at last years ceremony confirming that there are quite a bit of flowers and flags and there is also a band and an honor guards that participate. He would like to know what other municipalities are doing because we are doubling our contribution here. Trustee Brown stated we should give $1000 to the American Legion for a benefit and we have not increased the donation we have given — the thousand could be used for both ceremonies — he believes we should continue with what we have given in the past - $1000 Mayor Feinstein added that the prior money was paid in April so that was last year's budget. We could do this now and note that it is for both events. A motion was made by Trustee Brown that we donate the $1000 amount and it is to be used for both Memorial Day 2012 and Veterans Day celebrations by the legion. The motion was seconded by Trustee Rosenberg and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (3) Considering a license agreement/ support contract with IMPACT for use of their software products Mr. Bradbury read the resolution: October 25, 2011 3 10 of 16 RESOLUTION CONSIDERING A LICENSE AGREEMENT/SUPPORT CONTRACT WITH IMPACT FOR USE OF THEIR SOFTWARE PRODUCTS WHEREAS, the Village of Rye Brook Police Chief desires to enter an Agreement/Support Contract for the continued use of the IMPACT computer program for the Rye Brook Police Department. NOW, THEREFORE BE IT RESOLVED, that the Mayor, Administrator and Police Chief are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of an Agreement/Support Contract with IMPACT. Mr. Ed Beane, Village Counsel, explained that they reproduced the original contract except for updated maintenance fees and one error in regard to the number of licenses— should be 3. Mayor Feinstein thanked Mr. Beane for his work on this matter. On a motion made by Trustee Rednick and Seconded by Trustee Brown, the resolution was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (4) Considering setting a public hearing to abandon certain sidewalks throughout the village Mr. Bradbury read the resolution: October 25, 2011 4 RESOLUTION SETTING A PUBLIC HEARING TO DISCONTINUE CERTAIN SIDEWALKS THROUGHOUT THE VILLAGE 11 of 16 WHEREAS, the Village of Rye Brook has done a comprehensive review of the sidewalks throughout the village and has determined there are areas with sidewalks that are not uniform or inconsistent and have been removed over the years in sections; and WHEREAS, at the June 28, 2011 Board of Trustees meeting a discussion item was placed on the agenda regarding sidewalks and residents were encouraged to provide their opinion on said topic; and WHEREAS, the village proposes the discontinued use of the sidewalks on Hillcrest Avenue (west side only), Irenhyl Avenue, Whittemore Place and Woodland Avenue; and WHEREAS, the village desires the continued use of the sidewalks on the eastern side of Hillcrest Avenue; and WHEREAS, the proposed discontinuance of certain sidewalks throughout the Village is classified as an unlisted action pursuant to the New York State Environmental Quality Review Act ("SEQRA"). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on November 8, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the discontinued use of the following sidewalks within the village: Hillcrest Avenue (west side only) Irenhyl Avenue Whittemore Place Woodland Avenue Mr. Bradbury stated that we did have a public discussion on this topic and the staff made recommendation to the Board. The Mayor would like notices sent out again with the recommendation that the Village would assist homeowners with the removal of sidewalks and that further discussion would be held at the hearing. On a motion made by Trustee Rosenberg and seconded by Trustee Brown, the resolution was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 12 of 16 Minutes are adjourned to the next meeting. (5) REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AND SUBDIVISION TO THE VILLAGE ZONING BOARD OF APPEALS Mr. Bradbury read the resolution: October 25, 2011 6 RESOLUTION REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AND SUBDIVISION TO THE VILLAGE ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK BOARD OF TRUSTEES 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 and a Subdivision Application for the merger of two (2) existing lots, at property located 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 and Subdivision approval authority pursuant to �§ 209-1(A)(1) and 219-2(A) of the Village Code, WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) has determined the proposed action to be an Unlisted Action and will proceed with an uncoordinated review pursuant to SEQRA; WHEREAS, the application has been referred by the Board of Trustees to the Planning Board for report and recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for a proposed site plan amendment and subdivision (lot merger) to the Zoning Board of Appeals for action on any necessary variances as determined by the Building Inspector. Mayor Feinstein explained this is currently before the Planning Board and when they are complete there, they must go before the Zoning Board but they must wait until the Planning Board review is complete. 13 of 16 On a motion made by Trustee Brown and seconded by Trustee Marrow, the resolution was approved and the roll was called: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE ADMINISTRATORS REPORT Mr. Bradbury advised that the Recreation Department is hosting Halloween in the park this weekend. It proves to be a great event and the staff has been working very hard. The event is this Saturday, October 29 at Rye Hills Park from 6pm to Spm. On Halloween night which is Monday, the parks close at dusk. The paving contractor has started and is currently working his way through Latonia. Coyote trapping season starts today but he has advised the trapper to wait until after Halloween to set the traps — November 1St is the start date and signs will be posted. The sluice gate public hearing will have to be adjourned as it needs to go through another meeting of the Planning Board and the timing is off. The Board can open the Public Hearing and then adjourn it. Mayor Feinstein would like to set the public hearing tonight for November, 22nd. Mr. Bradbury penned a resolution renoticing the public hearing for 11/22 and read the following resolution. RESCHEDULING A PUBLIC HEARING ON A PROPOSED SITE PLAN APPLICATION REGARDING THE INSTALLATION OF A SLUICE GATE ON BOWMAN AVENUE BY THE CITY OF RYE FROM NOVEMBER S TO NOVEMBER 22, 2011 WHEREAS, at the Board meeting of September 27, 2011 the Village of Rye Brook Board of Trustees set a public hearing on a proposed site plan application regarding the installation of a sluice gate on Bowman Avenue for November 8, 2011; and WHEREAS, at the Board meeting of September 27, 2011 the Village of Rye Brook also referred the proposed application to the Village of Rye Brook Planning Board for report and recommendation; and WHEREAS, the Village Planning Board has not completed and will not complete there report and recommendation until after November 8, 2011. 14 of 16 NOW THEREFORE BE IT RESOLVED, the Rye Brook Village Board hereby reschedules the public hearing to consider a proposed site plan application regarding the installation of a sluice gate on Bowman Avenue from November 8 to November 22, 2011; and be it FURTHER RESOLVED, that said public hearing shall be held on November 22, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,New York. Motion made by Trustee Brown and seconded by Trustee Rednick, the motion was approved and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE PUBLIC COMMENT: Michael Bunder representing Cerebral Palsy of Westchester asked for certain clarifications on the application process Trustee Brown asked in regard to Cerebral Palsy what the procedure was to which Mayor Feinstein explained that it goes back to the Planning Board and then to the Zoning Board. Mr. Beane added that in order for permits to be issued there has to be one owner on both lots. The objective is to try and get the project underway quickly. The site plan can't be signed till conveyance is made and there are some other possible remedies to be discussed before the Planning Board meeting on 11/10. Mr. Abramson, owner of the Mobil Station on Ridge Street and Bowman Avenue addressed the Board and congratulated them for their hard work. He came tonight to give the Board a brief update on his property noting that the holes from removing the gas tanks are filled and the property is remediated. Mr. Izzo and he are waiting for the physical copies from the Health Department but they are ready to go and as soon as TD Bank gets those reports things can progress. The Mayor thanked him for the update. There being no further business, Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee Rosenberg and seconded by Trustee Rednick, the meeting was adjourned at 10:31pm and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE 15 of 16 TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 16 of 16