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HomeMy WebLinkAbout2011-11-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 22, 2011-7:30 P.M. 7:00 P.M.—Executive Session— Personnel ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: 1) Public hearing to consider a proposed local laV amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing 2) Public hearing to consider a proposed local law mending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program 3) Public hearing to consider applications to amend an approved site plan and extend a special permit for installation of an attached wireless telecommunication facility At 4 In ational Drive 4) Public hearin nsider a proposed site plan application from the City of Rye for sit an approval for construction of a sluice gate at the Bowman Avenue Spillway Volind Brook RESOLUTIONS: 1) Considering a proposed local law amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing 2) Considering a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program 3) Considering applications to amend an approved site plan and extend a special permit for installation of an attached wireless telecommunication facility at 4 International Drive 4) Setting a public hearing on an application for a proposed site plan amendment to Cerebral Palsy of Westchester at 1186 King Street 5) Setting a public hearing on an application for a proposed site plan amendment at the King Street Nursing Home at 787 King Street 6) Referring a proposed site plan and special use permit application regarding 66 Bowman avenue to the Planning Board for report and recommendation 7) Considering the authorization of a fireworks display at the Blind Brook Club 8) Considering the authorization of the issuance of 5238,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of various capital purposes, in and for said village 9) Considering a transfer of funds l 0)Considering the approval of minutes — September 13, 2011; September 27, 2011; October 11, 2011; October 25, 2011 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTE JE T TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS -4, December 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 Jennifer Gray, Esq., Village Counsel Edward F. Beane, Esq, Village Counsel Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Joan L. Feinstein called the November 22, 2011 regular meeting of the Board of Trustees to order. She acknowledged Westchester County Legislator Martin Rogowsky in the audience and asked him to join her at the podium. Mayor Feinstein advised the public that Mr. Rogowsky would not be running for re- election this year. She spoke of his accomplishments and thanked him for all his hard work and commitment and dedication to the communities that he represents. She read and presented him with a proclamation on behalf of the Village and the community. Mr. Rogowsky thanked Mayor Feinstein and the Board for the honor and spoke briefly of his term and how honored he was to represent the people of Rye Brook for the last 13 years. It has been his pleasure working with the local Mayors and boards and together they have been able to accomplish many things. He thanked everyone for their trust in him and though it was a difficult choice, it is time for him to retire and spend time with his family but he will be around and will visit. PUBLIC HEARINGS: 1) Public hearing to consider a proposed local law amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing Mayor Feinstein stated that there was a lively ogue and p lic session at the October 25th Board meeting. She explained that this is pr osed legislation for a floating zone for affordable housing. It is not specific to an e application and this legislation applies to the community as a whole. Affordable housing is not built by Rye Brook but by private developers. This legislation is also not specific to school districts either. This proposed legislation may be controversial noting their have been blogs written and e-mails have been sent. Whatever action that is taken will be discussed here—not through blogs or emails and any discussion/concerns/issues will only be discussed in this venue. 14 Jennifer Gray, Village Counsel, went over the text revisions that have been made since the last public hearing. Mayor Feinstein thanked her for her hard work acknowledging that Jennifer was the person that drafted this legislation in consultation with the Affordable Housing Model Ordinance Task Force. Mayor Feinstein took a minute to acknowledge and welcome Mayor Dennis Pilla from Port Chester, Blanca Lopez, President of the Port Chester School Board, Anne Capeci, Port Chester School Board and Jeff Diamond from the Blind Brook School Board. Mr. Ferrandino who is representing the Village of Port Chester addressed the Board acknowledging receipt of the documentation from Mr. Bradbury but that it was not received until yesterday and he has not had a chance to review it. Mayor Feinstein responded that he did not receive the documentation until yesterday because this Board didn't get it until 6:30 P.M. on Friday. Mr. Ferrandino respectfully requested sufficient time to review and comment on it and requested that the Public Hearing be kept open for at least another 30 days and asked to table the resolution that is on the agenda until the documents can be reviewed. Ms. Blanca Lopez, Port Chester School Board President, addressed the Board and read a letter asking to keep the hearing open so District Counsel has time to review and opine. Port Chester Mayor Dennis Pilla addressed the Board and reiterated that they just received the information last night and also requested the Public Hearing be adjourned so that his Board and consultants can review and address the issues. Mr. Dean Santon, Hillandale Road, addressed the Board and pointed out that this process has been ongoing for almost 2 years and in his opinion it sounds like the same legislation with no big surprises. He believes this law needs to be passed so property owners throughout Rye Brook have the ability to come forth with the legislation in place and that can't happen until this is done. He believes that the legislation proposed is the right thing to do and reminded everyone that they are allowed to participate and attend the public meetings on applications currently before the Planning Board and does not believe that has been done to date by the Village of Port Chester. In his opinion, this is a stalling tactic and believes the Village should move forward with this legislation tonight. Trustee Rosenberg stated that after listening to all the requests he has no objection to keeping the Public Hearing open for one more meeting ana finally closing it at the December meeting. This is important legislation and it is illage wide. There have been a lot of comments regarding two specific applications that aefore the Planning Board and the comments are all in regard to the southern end of the illage. He wants to make it clear that this Board represents the entire Village and it is our responsibility to pass legislation such as this to allow us to be a del community with regard to affordable housing. 1 *71 Trustee Rednick agreed with Trustee Rosenb g that this is important legislation and he is proud to be part of the committee that developed it and he too would be willing to hold open the Public Hearing to allowort Chester to review the documents. Trustee Marrow echoed the sentim is of both Trustees and in the spirit of compromise she is willing to keep the Public Hearing open also. Trustee Brown asked Mr. Bradbury if putting it over for an additional meeting would put the Village in danger of litigation. Mr. Bradbury responded that this would be unlikely. Trustee Brown had no objection to holding the Public Hearing open for an additional meeting. Mayor Feinstein stated she has respect for all individuals who spoke tonight and has no objection either to keeping the Public Hearing open. She does have two issues she wants to discuss with regard to the proposed legislation. The first issue is that Westchester County is suggesting a 10 percent threshold and currently we do not have that requirement. This matter was discussed by the task force,but she has no problem incorporating that item into the legislation. Trustee Rosenberg believes the issue is economic. The Village does not want to price someone out of a development. We have heard it before when a developer comes before us that they can only afford to build so many units on a site. Mayor Feinstein explained that if a developer was to build 32 units, according to the County 4 would have to be affordable but under our legislation, it would be 3 and she does not see where that is a drastic change. Mr. Bradbury added that the table describing the required units is on page 12 of the proposed legislation and the model ordinance suggests no less then 10 percent be affordable units. Trustee Rosenberg asked Mrs. Timpone Mohamed what would happen if we decided to leave our legislation as is. Mrs. Mohamed responded that the County has always maintained that what they are suggesting in the model ordinance is just that, a suggestion. Mayor Feinstein noted that we are one of 31 municipalities subject to the lawsuit and we have to determine what is best for our community as a whole. This is a model ordinance and she is proud of the fact that we have been responsive and does not think that leaving our legislation as is would be a problem. Trustee Rosenberg stated that while he appreciates the work put into the model ordinance, his inclination is to leave our legislation as it i . The Board as a whole agrees and Mayor Feinstein is in agreement as well. The second matter Mayor Feinstein raised for discussion regarding the County's comments on the proposed legislation was whether Chapters 209 and 219 should require a certain percentage of affordable housing units in all commercial zones. This was also discussed by the task force, and the thoug as to encourage affordable housing under the FAH District. The other factor considered was to encourage additional affordable housing in districts that are primar' esidential. On a motion made by Tistee Rednick nd seconded by Trustee Marrow, the Public Hearing was adjourned to December 13th and Mr. Burke called the roll: IV TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 2) Public hearing to consider a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program Mr. Beane, Village Counsel addressed the Board stating that after the September 22 Public Hearing when he tried to implement one of the proposed changes in regard to hardship, an inconsistency developed and it became the Administrator's sole determination. Every single determination having anything to do with a temporary absence would end up before the Board of Trustees and that is not the intent. With respect to the issue he has now drafted it to be made by the Administrator and his decision would be final. Trustee Brown added that the only recourse would be an article 78 to challenge the Administrator's decision. He thought we had decided that this Board would be the appeal Board for someone who wants to fight the Administrator's decision. Mayor Feinstein responded that the Administrator had made determinations before and thinks for consistency she is comfortable with this legislation. This is not a perfect world and she would hope that a determination would not result in litigation. On a motion made by Trustee Rosenberg and seconded by Trustee Brown, the roll was called and the Public Hearing was closed. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Bradbury read the resolution: Nove er 22, 2011 1 RESOLUTIO CONSIDERING A PROPOSED LOCAL L AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING THE BELLEFAIR MIDDLE INCOME DEVELOPMENT PROGRAM IL '99P WHEREAS, on rch 22, 2011 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on November 22, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program. On a motion made by Trustee Marrow and seconded by Trustee Rednick, 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 3) Public hearing to consider applications to amend an approved site plan and extend a special permit for installation of an attached wireless telecommunication facility at 4 International Drive On a motion made by Trustee Rednick and seconded by Trustee Marrow, the Public Hearing was opened and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Morando of Cuddy &Feder representing AT&T addressed the Board and gave a brief overview of the application which was approved by the Planning Board, is minor in nature and has no visual impact. Mayor Feinstein added that the Planning Board voted on this at their November 10th meeting and the change will only enhance service nto expand the area being served. Trustee Rosenberg remembers the original application and agrees that you cannot see it from the road and it is mounted behind a panel. This is minor in nature and he has no concerns. \%� On a motion made by Trustee Marrow and seconded by Trustee Brown, the Public Hearing was closed and Mr. Bt}rke called the roll: TRUSTEE BROWNAYE TRUSTEE MARRO AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Bradbury read the resolution: November 22, 2011 3 RESOLUTION CONSIDERING APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND EXTEND A SPECIAL PERMIT FOR INSTALLATION OF AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC ON BEHALF OF RECKSON OPERATING PARTNERSHIP, LP WHEREAS, New Cingular Wireless PCS, LLC ("Applicant") submitted applications to the Village of Rye Brook on behalf of the property owner Reckson Operating Partnership, LP, to amend an approved Site Plan and amend and extend an approved Special Permit for Building #4, International Drive, Reckson Office Park, Rye Brook, New York, in the OB-1 Zoning District and the King Street Scenic Roads Overlay Zoning District; and WHEREAS, the Village Board of Trustees is the Approval Authority for the application in accordance with Sections 209-1.A(1) and 250-6(H)(1)(c) of the Village Code; and WHEREAS, the Village Board of Trustees has received and reviewed the information submitted by the Applicant in connection with the application, as follows: I. Site Plan Application and Checklist 2. Application for Wireless/Attached Wireless Telecommunications Facility Special Permit 3. Letter to the Board of Trustees from Cuddy and Feder, LLP, White Plains, N.Y. dated September 7, 2011 and October 27, 2011 4. AT&T LTE Antenna Upgrade Evaluation d gust 26, 2011 and October 26, 2011,prepared by Dewberry-Goodkind, ars ny,N.J. 5. RF Exposure Analysis for Proposed N Ci utar Bless PCS, LLC (AT&T) Antenna Facility dated August 23, 2011, ared by Bechtel Communications, Inc., Montvale,N.J. 6. Technical Review Report Letter to the Board of Trustees dated October 13, 2011, from HDR Architecture and gineering, P.C., Pearl River, N.J. 7. Engineer's Plans,prepayed by ewberry-Goodlcind, Inc., Parsippany,N.J.: Sheet Number She le Date TO1 Title Sheet rev. 4/27/11 A01 Site Plan and General Notes rev. 4/27/11 A02 Roof Plan & Details rev. 4/27/11 A03 Equipment Layout Plan and Details rev. 4/27/11 A04 Elevation Views rev. 4/27/11 A05 Construction Details rev. 4/27/11 E01 RRH Wiring Diagram rev. 4/27/11 E02 System Diagram rev. 4/27/11 ED3 Electrical, Notes, Symbols rev. 4/27/11 E04 Grounding Notes and Details rev. 4/27/11 WHEREAS, the subject application was referred to the Westchester County Department of Planning for notification only; and WHEREAS, on November 22, 2011 the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on November 22, 2011; and WHEREAS, the Board of Trustees reviewed the Report and Recommendations of the Village Planning Board, the consulting firm of HDR/LMS, the Village Planning Consultant and Village Staff, and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves, on the recommendation of the Village Engineer and the Village Planning Board, the waivers requested by the Applicant which include those submission requirements not fulfilled by the Applicant's September 7, 2011 submission; and be it FURTHER RESOLVED, the applications submitted by New Cingular Wireless PCS, LLC on behalf of the property owner Reckson Operating Partnership, LP, or its successor, to amend an approved Site Plan and Special Permit to update the existing wireless telecommunications facility through installation of the following: three (3) previously approved antennas; one (1) GPS antenna;&sx (6) remote radio head units; three (3) DC2 boxes; new fiber and power cables; an itional equipment including a new cabinet, as well as the legalization of an existing GPS antenna, in accordance with the approved site plan at Building #4, International Drive, eckson Office Park, and to extend the special permit previously approved on February , 2007 which is scheduled to expire on February 27, 2012, subject to the following conditions: I. The Special Permit shall be v id for a term of five (5) years from the date of this Resolution. 2. FCC warning signage 1 e routinely inspected and maintained at the site by New Cingular Wireless PCS, LLC. Protocols for site access and maintenance must be filed with the Village for this rooftop antenna site. r 3. Appropriate grounding and local code compliance should be established during the installation of the New Cingular Wireless PCS, LLC equipment and connections with existing electric and telephone utilities. It is understood that on-site connections will be utilized. Documentation of final construction (including but not limited to utility connections, "as-built" locations/heights of antennas and equipment cabinets, and signage) shall be provided to the Village Building Department. 4. Operations shall be maintained in accordance with the Village's Wireless Ordinance and all other relevant Village codes. Any future proposed increase in New Cingular Wireless PCS, LLC's number of antennas, antenna sizes/heights, or number/sizes of equipment cabinets shall be approved by the Village prior to any modifications. 5. All applicable Village Code requirements relating to operations, periodic compliance reporting, certifications, permit renewals, and other items shall be adhered to by the applicant for the life of the facility. 6. The new equipment to be mounted on the outward-facing side of the screen wall and on the penthouse walls shall be painted to be color-matched to the existing screen and penthouse walls. On a motion made by Trustee Rednick and seconded by Trustee Rosenberg 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) Public hearing to consider a proposed site plan application from the City of Rye for site plan approval for construction of a sluice gate at the Bowman Avenue Spillway on the Blind Brook A*ONN On a motion made by Trustee Marrow and seconded by Trustee Rednick the Public Hearing was opened and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor Feinstein stated that we have not yet received a Report and Recommendation from the Planning Board so we cannot act on this application tonight. The next Planning Board meeting is December 8th so this item will be adjourned to December 13th On a motion made by Trustee Marrow and seconded by Trustee Rednick, the Public Hearing was adjourned to December 13th and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE RESOLUTIONS: 5) Setting a public hearing on an application for a proposed site plan amendment to Cerebral Palsy of Westchester at 1186 King Street Mr. Bradbury read the resolution: November 22, 2011 4 RESOLUTION SETTING A PUBLIC HEARING FOR ON AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AND SUBDIVISION TO CEREBRAL PALSY OF WESTCHESTER AT 1186 KING STREET WHEREAS, Cerebral Palsy of WestcAhased aSite 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; and WHEREAS, the Village 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; and WHEREAS, on July 26, .2011 the Board of Trustees, pursuant to the State Environmental Quality Revie ct (SEQRA) determined the proposed action to be an Unlisted Action and will proceed with an uncoordinated review pursuant to SEQRA; and WHEREAS, the Board of Trustees is in receipt of a Report and Recommendations from the Planning Board of the Village of Rye Brook concerning the subject application; and WHEREAS, on October 25, 2011 the Board of Trustees referred 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. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a public hearing on December 13, 2011 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider a proposed site plan amendment and subdivision for Cerebral Palsy of Westchester at 1186 King Street; and be it FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the application be referred to Westchester County Department of Planning for notification only, and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the proposed site plan amendment. On a motion made by Trustee Marrow and seconded by Trustee Rednick, 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 6) Setting a public hearing on an application for a proposed site plan amendment at the King Street Nursing Home at 787 King Street November 22, 2011 5 RESOLUTION SETTING A PUBLIC HEARING ON A APPLICA N FOR A PROPOSED SITE PLAN AMENDMENT FOR THE KING STREET NURSING HOME AT 787 KITRE WHEREAS, King Street a ng H e has submitted an Application for a Site Plan Amendment to legalize a one-story ad ition at property located at 787 King Street and designated on the Ta ap as Section 130.77, Block 1, Lot 30; and WHEREAS, theN2 - Board of Trustees has final Site Plan approval authority pursuant to Village Code §§ 1(A)(1) and 209-1(B)(7); and WHEREAS, on October 11, 2011 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action which will undergo an uncoordinated review; and WHEREAS, the Board of Trustees is in receipt of a Report and Recommendations from the Planning Board of the Village of Rye Brook concerning the subject application. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a public hearing on December 13, 2011 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider a proposed site plan amendment for King Street Nursing Home at 787 King Street; and be it FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the application be referred to Westchester County Department of Planning for notification only, and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the proposed site plan amendment. On a motion made by Trustee Marrow and seconded by Trustee Rednick, 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 Mr. Dean Santon, Hillandale Road, addressed the Board and advised that this use was created by a special use permit and should be looked at when reviewing. 7) Referring a proposed site plan and special use permit application regarding 66 Bowman avenue to the Planning Board for report and recommendation Mr. Bradbury read the resolution: No mber , 2011 6 RESOLUT REFERRING AN APPLIC N FOR AN AMENDMENT OF A SPECIAL USE PERMIT AND SITE PLAN OPLIC ION FOR 66 BOWMAN AVENUE TO THE VILLAGE OF RYE&OOK ZONING BOARD OF APPEALS AND THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, 66 Bowman Avenue Realty Corp. ("Applicant") has made an application to the Village of Rye Brook for approval of an amendment to a Special Use Permit and Site Plan to legalize existing offices and site plan modifications on property located in the R-217 Zoning District at 66 Bowman Avenue, Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be an Unlisted Action with uncoordinated review; and be it FURTHER RESOLVED, that the Village Board of Trustees hereby simultaneously refers the application to the Zoning Board of Appeals for review of the requested variances and to the Planning Board for report and recommendation, upon the following conditions: 1. Unless the Zoning Board of Appeals seeks, pursuant to Section 179-12(B) of the Village Code, a preliminary review of the site plan or special permit application, for the purpose of providing input on related planning issues, if any, to the Zoning Board of Appeals relevant to its review of the use variance application, the application shall not be heard on an agenda of the Planning Board until the Zoning Board of Appeals has acted on the following variances: ■ X250-25.0.(3) A Use Variance will be required to allow the number of employees to be increased from 7 as approved in 1998, to 17 as proposed by the applicant. ■ X250-25.C.(3)(a) The minimum required number of off-street parking spaces is 24. The applicant is proposing 12. Therefore a 12 space off-street parking space variance is required. ■ §250-37.C. The maximum allowable total impervious coverage is 6,021 sq. ft. The applicant's proposed legalization of the expanded driveway,parking, rear flagstone patio &water feature and proposed expanded parking &new patio at the west elevation will result in a total impervious coverage of 8,277.64 sq. ft. Therefore a 2,256.64 sq. ft. total impervious cover e variance is required. IV ■ X250-6.G.(1)0)121 The minimum required side yard off-street parking setback is 2.5'. The proposed parking spaces numbers 1, 2, 3, & 4 at thest elevation are setback only 2' from the property line. Therefore .5' va nce is required for these 4 spaces. ■ 250-6.B.(1)(a) The,minimum required setback for a patio is 6'. The applicant proposes to install the patio 2.7' from the property line at the west elevation. Therefore a 3.3' patio setback variance is required. 2. The Zoning Board of Appeals shall refer the application to the Planning Board after its decision on the requested variances at which time the Planning Board shall issue a report and recommendation to be submitted to the Board of Trustees. Mayor Feinstein explained that this is an unusual resolution and made it clear that the Zoning Board should act on this first as there are significant variances required. On a motion made by Trustee Marrow and seconded by Trustee Rednick. Mr. Burke called the roll and the resolution was approved: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 8) Considering the authorization of a fireworks display at the Blind Brook Club Mr. Bradbury explained that he received an application from the Blind Brook Club for a fireworks display to be held at a 90 year birthday celebration this Saturday night for one of the Club members. It is a small display taking place at 9:30 at night which will be 8-10 minutes long. This site is in the flight path approach zone for the airport which requires the FAA to be notified. Building Department and Village Counsel have been working together to assist in making this happen if possible. Mr. Blatt, General Manager of the Blind Brook Club, addressed the Board and explained that this is new for them as well and it was a special request from a special member. The fireworks would be in the middle of the golf course and not close to anything and thanked the Board for their assistance and consideration. Their was a lengthy discussion about the legal issues involved and the notifications to neighbors that would have to be made as well as communication with the airport tower. Many items still need to be addressed before this can be approved. Trustee Rosenberg also does not quite understand fte FAA letter saying that the fireworks people have to make sure that there are no planes landing or taking off at that time and the only way to do thatkan o call the tower when you are starting and ask them for 8 minutes. He would like to agreement in place with the county that the club will be advising them that they will be sta g. Mr. Beane wants the Village protected 100 percent if anything were to happen. Mr. Bradbury read the resolution which included many conditions: November 22, 2011 RESOLUTION CONSIDERING AN APPLICATION BY THE BLIND BROOK CLUB TO PERMIT A DISPLAY OF FIREWORKS WHEREAS, The Blind Brook Club ("Applicant") submitted an application to the Village of Rye Brook seeking permission to conduct a fireworks display for its 90"' Anniversary Celebration at its property located at 980 Anderson Hill Road, Purchase, New York, in the R-20 Zoning District and the Anderson Hill Road Scenic Roads Overlay Zoning District; and WHEREAS, the Village Board of Trustees is the Approval Authority for the application in accordance with Sections 126-2(A) of the Village Code and Section 405.00 of the New York State Penal Law; and WHEREAS, the Village Board of Trustees has received and reviewed the information submitted by the Applicant in connection with the application, including but not limited to the following: I. Name of the body sponsoring the display (The Blind Brook Club with display to be operated by Atlas PyroVision Productions, Inc., P.O. Box 498, Jaffrey, N.H. 03452); 2. Names of persons in charge of firing the display (Michael J. Achenbach, Cert. #PR-54, exp. 09/12 and Joshua D. Malia ); 3. Valid New York State Certificate of Competence as a pyrotechnician, issued by New York State, for those firing the display (Micheal J. Achenbach, Cert. #PR-54, exp. 09/12 and Joshua D. Malia ); 4. Verified statement from the Applicant identifying the individuals authorized to fire the display, including certificate n be and verifying that such individuals possess a valid New York St ertifi tucate of Competence as a pyrotechnician; 5. The date and time of day at which the displa to be held (11/26/11 at 9:30 p.m. for approximately nine (9)minutes); 6. The exact location planned for the display (shown on diagram); 7. The number and kinds of fireworks to be discharged (list submitted); 8. The inanner and place of storage of such fireworks prior to the display; 9. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions; 10. Confirmation and identification of fire extinguishers that will be kept at widely separated points (shown on diagram); 11. Maximum height of the shell burst (150 feet); 12. Certificate of Liability Insurance; and 13. Indemnification and Hold Harmless Agreement between the Village and The Blind Brook Club. WHEREAS, the Board of Trustees recognizes that the proposed location of the fireworks display is within the Z-1 "Instrument Approach Zone" for the Westchester County Airport and therefore, has requested information from the Applicant and made its own queries via Village Staff, regarding Federal Aviation Administration compliance; and WHEREAS, the Board of Trustees has received which confirms the proposed fireworks display will not adversely impact the Westchester County Airport; and WHEREAS, the Board of Trustees pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be a Type 11 action requiring no further environmental review pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves a permit to The Blind Brook Club to conduct a fireworks display at its property located at 980 Anderson Hill Road, Purchase, New York on November 26, 2011 at 9:30 p.m. for approximately ten (10) minutes, subject to the following conditions: 7. All persons in charge of firing the fireworks shall be over the age of eighteen (18) years, competent and physically fit for the task and shall possess a valid New York State Certificate of Competence ("Certified Operator"). The Certified Operators may be aided by authorized assistants. 8. There shall be at least two (2) Certified Operators meeting the conditions set forth in Condition #1, above, constantly on duty during the discharge. 9. At least two (2) approved type fire extinguishers shall be kept at as widely separated points as possible w' the actual area of the display. 10. This permit shall be null and void unless approved by the Chief of Police and the Chief of the Fire Department of the Village of Rye Brook. 11. This permit shall not be transfer 12. The fireworks to be gyred m the play permitted herein shall not be sold, possessed, used r distributed except for the purpose of the display permitted herein. 13. Personnel and equipment of the Police Department and Fire Department shall be on-site during the display in quantities as deemed to be sufficient by the Chief of Police and Fire Chief at a cost to be borne exclusively by the Applicant. 14. "The Applicant and/or Atlas PyroVision Productions, Inc., as may be required by the Village Attorney and/or Village Risk Manager, shall provide a Certificate of Liability Insurance," "Additional Insured Endorsement" and "Indemnification and Hold Harmless Agreement,"in a form acceptable to the Village Attorney and/or Village Risk Manager. 15. The Applicant shall provide written notice of the date, time and location of the scheduled display of fireworks to each property owner located within 250 feet from the property lines of the subject property by prepaid first class mail which notice shall be mailed on or before November 23, 2011. 16. The fireworks display shall be conducted in compliance with NFPA 1123, or NFPA 1126, or both, if applicable. Mayor Feinstein would like the neighbors notified—Country Ridge and Doral and Trustee Rosenberg agreed and suggested a flyer be given to the adjacent properties. An amendment to the resolution was made and 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 9) Considering the authorization of the issuance of $238,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of various capital purposes, in and for said village Mr. Bradbury read the resolution: No 22,2011 8 RESOLD' O A RESOLUTION AUTHORIZING THE I UANCE OF $238,000 BONDS OF THE VILLAGE OF RYE B OK,WESTCHESTER COUNTY,NEW YO TO PAY THE COST OF VARIOUS CAPITAL PURPOSES,IN AND FOR SAID VILLAGE. WHEREAS, all nditions precedent to the financing of the capital purposes hereinafter described, inclu ng compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project. NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For the purpose of paying the cost of the objects or purposes hereinafter set forth in this bond resolution, including, in each instance, incidental expenses in connection therewith, there are hereby authorized to be issued $238,000 bonds of said Village pursuant to the Local Finance Law, apportioned among the objects or purposes set forth in Section 2 hereof in accordance with the estimated maximum cost of each as set forth therein. Section 2. The objects or purposes to be financed pursuant to this bond resolution are as follows: (a) the acquisition of a truck for use for park and recreation area maintenance and construction, a specific object or purpose, at an estimated maximum cost of $50,000; the plan for the financing thereof is by the issuance of the $50,000 of the $238,000 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen ye ursuant to subdivision twenty- eight of paragraph a of Section . o e Local Finance Law; the maximum maturity of the bonds a Crized is limited to five years, and that the foregoing is not an assessable improvement; (b) drainage improvements for Jacqueline Lane, a class of objects or purposes, at an estimated maximum cost of$75,000; the plan for the financing thereof is by the issuance of the $75,000 of the $238,000 bonds authorized by this resolution; it Xeby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is thirty years pursuant to subdivision three of paragraph a of Section 11.00 of the Local Finance Law; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (c) replacement of a standby generator at Village Hall and related electrical system work, a specific object or purpose, at an estimated maximum cost of $45,000; the plan for the financing thereof is by the issuance of the $45,000 of the $238,000 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision thirteen of paragraph a of Section 11.00 of the Local Finance Law; as Village Hall is at least a class "B" building within the meaning of subdivision 11, the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (d) software and equipment and costs incidental thereto for record retention and accounting purposes, a class of objects or purposes, at an estimated maximum cost of $40,000; the plan for the financing thereof is by the issuance of the $40,000 of the $238,000 n s authorized by this resolution; it is hereby further determined th pert of probable usefulness of the aforesaid class of objects or purp is five years pursuant to subdivision eighty-nine of paragraph a 1.00 of the Local Finance Law, as each item in said class has a od of probable usefulness of at least five years under one or both of subdivisions thirty-two or eighty-one; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (e) the acquisition of a passenger vehicle for use by the Village Administration or other Village personnel, a specific object or purpose, at an estimated maximum cost of $28,000; the plan for the financing thereof is by the issuance of the $28,000 of the $238,000 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is three years pursuant to subdivision seventy-seven of paragraph a of Section 11.00 of the Local Finance Law; the maximum maturity of the bonds authorized is limited to three years, and that the foregoing is not an assessable improvement; Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to e ayment of the principal of and interest on such bonds as the same respectivel ome e and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. here shall annually be levied on all the taxable real property of said Villag a tax pfficient to pay the principal of and interest on such obligations as the same become Oe and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, the Village Treasurer shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be ecuted in the name of the Village by the facsimile signature of its Village surer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also Aft including the consolidation with other issues, sell be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if- (1) £(1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are autho ' in tion of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in summary in The Westmore News, a newspap having general circulation in said Village, together with a notice of the Village k in substantially the form provided in Section 81.00 of the Local Finance L On a motion made by Trustee Marrow and seconded by Trustee Rednick, 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 10) Considering a transfer of funds November 22, 2011 9 RESOLUTION CONSIDERING THE TRANFER OF FUNDS RESOLVED,that the following budget transfer is hereby approved: FROM TO AMOUNT 101.1990.424 101.3120.410 $3,800 (Contingency) (Detective Supplies) On a motion made by Trustee Marrow and seconded by Trustee Rednick, 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 10: Considering the approval of minutes— ember 13, 2011; September 27, 2011; October 11, 2011; October 25, On a motion made by Trustee Marrow and second d by Trustee Rednick the resolution was approved with respect to the September 12, September 27 and October 11, 2011 minutes and Mr. Burke called the roll: TRUSTEE BROWN ;1 AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Tree donation for Madalyn Rand November 22, 2011 RESOLUTION CONSIDERING THE DONATION OF A TREE IN HONOR OF MADELON RAND WHEREAS, Tony Reca desires to donate a tree to be planted at the Hillandale Circle to the Friends of Rye Brook in honor of Madelon Rand. NOW, THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accepts a donation of a 2.5" DBH flowering dogwood with an approximate value of $350, to be planted by Mr. Reca or his desired contractor at a location to be determined by the Superintendent of Public Works. On a motion made by Trustee Marrow and seconded by Trustee Rednick, 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 ADMINISTRATORS REPORT Paving- still have some additional curbing on Meadowlark to be installed as well as backfilling. The County has sent notice about recycling and the Village did 61 percent which puts us at number 10 on the county list of local municipalities which is good for the community. The Village will be closed Thursday and Friday winter parking restrictions are now in affect also thru march 15th. The Library will be closed until January 9t The people affected by Hurricane Irene have until ebruary 15th to make a claim and information is available on our website. Leaf program—highway crews doing great job— streets pretty clear considering storm— in terms of volume still u r 50 percent. Mayor Feinstein wished ev one a Happy Thanksgiving. On a motion made by Trustee ednick and seconded by Trustee Marrow the meeting was adjourned at 9:47pm and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE