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HomeMy WebLinkAbout2011-12-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 13, 2011-7:30 P.M. AGENDA 7:00 P.M.—Executive Session— Personnel and 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 2) Public hearing to consider the discontinuance of certain sidewalks throughout the village 3) Public hearing to consider applications for a proposed site plan amendment and subdivision approval to Cerebral Palsy of Westchester at 1186 King Street 4) Public hearing to consider a proposed site plan amendment at 787 King Street submitted by the King Street Nursing Home 5) Public hearing to consider a proposed 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 (Request for Adjournment Received) RESOLUTIONS: 1) Considering a proposed local law amending Chapter 250, 219 and 209 of the Village Code regarding affordable housing Board of Trustees December 13,2011 Page 1 of 27 2) Considering the discontinuance of certain sidewalks throughout the village 3) Considering applications for a proposed site plan amendment and subdivision approval to Cerebral Palsy of Westchester at 1186 King Street 4) Considering an application for a proposed site plan amendment 787 King Street submitted by the King Street Nursing Home 5) Referring an application for a proposed site plan amendment at the Blind Brook Club to the Planning Board for report and recommendation 6) Referring an application for a proposed site plan amendment at the Rye Ridge Shopping Center to the Planning Board for report and recommendation 7) Setting a public hearing to consider a proposed local law amending Chapter 240 of the village code regarding no parking on Sunset Road 8) Considering the approval of minutes — October 25, 2011; November 8, 2011 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Considering the June 1, 2012 Sanitation Contract ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: January 10 and January 24, 2012 Board of Trustees December 13,2011 Page 2 of 27 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Mayor Joan L. Feinstein Excused: Trustee Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Jennifer Grey, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the December 13, 2011 Regular Meeting of the Board of Trustees. She noted that Trustee Rosenberg, who was not feeling well, was excused from the meeting. She welcomed Mayor Dennis Pilla from Port Chester, and the members of the School Board to the meeting. With the consensus of the Board, she turned to Chief Greg Austin and asked him to introduce the newest members of the Rye Brook police force. Chief Austin noted that four officers have joined the Rye Brook force. All had previous police officer experience; and bring with them significant abilities that will be a plus. Chie Austin also noted that effective January 1, 2012 Officer Ryan will be promoted to the position of Detective. He has been a member of the force since 2004. Mayo Feinstein congratulated each of the officers. The Board returned to the agenda. PUBLIC HEARINGS: PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 250, 219 AND 209 OF THE VILLAGE CODE REGARDING AFFORDABLE HOUSING Mayor Feinstein noted that this was a continuation of the public hearing from October 25"and November 22'd. The legislation being considered Board of Trustees December 13,2011 Page 3 of 27 this evening involves 31 municipalities in Westchester that are subject eligible for this settlement. The Board of Trustees did not vote on the legislation, but Rye Brook is very proactive when it comes to Affordable Housing. There is a potential for affordable housing in Rye Brook. It does not mean that there will be development, and the underlying zoning will not change, however, this legislation gives flexibility and a streamline approach for affordable housing. A model ordinance was approved by the county and the federal government. Rye Brook is not the developer. The developers come to Rye Brook with their proposals. It was also noted that the settlement does not differentiate between school districts. This matter was reviewed at the October 25th meeting in detail. The Board of Education addressed this issue with the Board of Trustees. This matter involves the Blind Brook, Port Chester, and Harrison school districts. A letter has been sent by the Port Chester Board of Education, and at the November 22'd meeting the Board was asked by Mayor Pilla and Ms. Lopez to continue the public hearing. SEQRA documents needed to be reviewed. The public hearing was continued in order to continue the dialogue. There will be a submission of a petition and the application would go thru the entire SEQRA process. Mr. Christopher Bradbury, Village Administrator, noted that there is a flexible table regarding the proposed affordable housing. There are two developments that are before the Planning Board. These applications have been pending for over six months. There is a four unit development on Ellendale; one bedroom units. And, on the corner of Barber Place the proposal is for 16 units; eight two bedrooms and eight one bedrooms. The developer came before the Board with a larger proposal; however, concern regarding the impacts of additional children on the school district resulted in the developer reducing the number and size of the units. The developer came back to the Village with a pared down application. If the applicant wants to come under this legislation they have to petition the Village. Mayor Feinstein opened the floor for questions and comments. Patrick Cleary, Planning Consultant for the Village of Port Chester, addressed the Board. He began by noting that the Board of Trustees of the Village of Port Chester has asked him to take a look at this proposed legislation to see if there are any issues or concerns that may impact Port Chester. Port Chester has no quarrel at all with Rye Brook trying to address the affordable housing issue. It has no quarrel with the proposed legislation, but there are some potential impacts. At the last public hearing Mr. Cleary noted that he did not have the benefit of time to Board of Trustees December 13,2011 Page 4 of 27 review the SEQRA documents. Now that he has, he has two levels of concerns that he would like to have addressed. The ordinance applies Village wide —meaning that it is applicable throughout the Village. The underlying zoning will govern these developments — but the Board of Trustees will have the ability to waive the ordinance. The potential for adverse impacts exists. There is also a procedural issue with SEQRA, and that has to do with the classification of the action. The second issue is the way that the potential impacts of the project are being addressed. When the specific projects come through then the effects are reviewed. Under SEQRA when you consider the adoption of the way you must consider the impacts. This moves to segmentation. SEQRA is a crafty ordinance in many ways, and it anticipates these types of things. The reason that these concerns are raised is the Board is considering creating a law that will have potential impact on traffic and the infrastructure. The Port Chester School District is severely overcrowded_ The Village of Rye Brook has an obligation to address the impacts. Mr. Cleary noted that he has expanded on his conunents and presented them to the Board of Trustees. He introduced attorney John S. Marwell of the law firm Shamberg, Marwell & Hollis PC, legal counsel. Mayor Feinstein clarified that the residents of Rye Brook equate to approximately one-third of the students in the Port Chester School District. Attorney Marwell addressed the Board. He began by noting that affordable Housing responds to many needs. The School Board is very concerned about potential impacts made by additional students. He asked the Board to review Mr. Cleaty's procedural points, and noted that the courts have dealt with a lot of SEQRA cases. A lead agency must engage in the SEQRA process while strict procedural requirements are adhered to. That process has to be developed and designed so that the Board has sufficient information before them in order to take a hard look at the issue. He suggested that the hard issues be taken a look at now rather than to wait for a site specific application. In this case the Board of Trustees is aware of the concerns of the School Board. The school district cannot accommodate the children, and additional students will result in educational problems. Mr. Cleary and Mr. Maxwell thanked the Board for their time and consideration. Mayor Feinstein noted there are many affordable housing units within the Village of Port Chester. She asked that the Village's consultant, Marilyn Timpone Mohamed of Frederick P. Clark Associates, respond Board of Trustees December 13,2011 Page 5 of 27 to the concerns that have been raised. Ms. Timpone Mohamed began by noting that a Type I action does not require an environmental impact statement. The SEQRA process contemplates the application. She noted that the Village does not own the properties where the affordable housing units are proposed to be constructed, and it would be very difficult to provide an environmental impact statement without an actual project. Ms. Timpone Mohamed reviewed several of the issues. Attorney Jennifer Grey, Village Counsel, addressed the procedural effects. She noted when an applicant comes forwards with a proposed plan, a review will be one. There is no intent on the part of the Board to evade a larger environmental review. This is not a rezoning issue but the creation of a zoning district. This is not a rezoning issue but the creation of a zoning district. Dean Santon of Hillendale Road addressed the Board. He noted that he was fascinated by this issue. Several residents asked for his assistance in understanding the land use issue. Eight different meetings were held where these issues were addressed. Mr. McCleary never said a word about the environmentally challenged application. There are sites in Port Chester that could be used for housing. One example is the United Hospital site. This is a massive site and the potential for effect on the school district is huge. The illegal housing in Port Chester generates more children and puts a burden on the school district. These are issues that Port Chester should be concerned about. The Federal government encourages affordable housing, and they don't encourage it as long as no children are generated for the school districts. Mr. Santon felt that the Village of Port Chester should look in their own backyard for ways to rectify the issue of over crowding in the schools. To say to people come to live in Rye Brook, but don't bring your children would be ludicrous. Mayor Feinstein noted that people have the ability to developer their property. Under the law a school district is obligated to educate the children. Mayor Pilla, the Mayor of the Village of Port Chester, addressed the Board. He stated that no one said that they do not want additional children in the schools. In the past five years the Port Chester district had an increase of almost 500 students. The 35 units of affordable housing were approved over seven years ago. All of the other multifamily developments also preceded the swell of student enrollment in our district. What Port Chester is saying is that a hard look at each project will be needed. He noted that he did not come before the Board Board of Trustees December 13,2011 Page 6 of 27 as an obstructionist, but as a friend. He noted that he applauds the spirit of what is trying to be accomplished, but echoes the need for procedural caution. Port Chester and Rye Brook have a wonderful relationship. Rye Brook embraces affordable housing. There are senior housing units in Rye Brook as well. However, under the settlement the Village is not allowed to prioritize. Dr. Richard Buzin, Board of Education, addressed the Board. He noted that the Board of Education has heard a lot about SEQRA. Rye Brook carefully reviews each application. There was a sketch plan to add over 200 units on the Hilton property, and the impact to the school district was reviewed. Mayor Feinstein noted as there were no additional comments, she felt comfortable bringing this issue to a close. She called for a motion to close the public hearing. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Michael Brown, the public hearing was closed. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the public hearing was closed. 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 Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 250, 219 AND 209 OF THE VILLAGE CODE REGARDING AFFORDABLE HOUSING Mr. Bradbury read the following resolution: RESOLUTION (REVISED Board of Trustees December 13,2011 Page 7 of 27 CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 250, 219 AND 209 OF THE VILLAGE CODE REGARDING AFFORDABLE HOUSING WHEREAS, the Board of Trustees is considering amendments to Chapters 250, 219 and 209 of the Village Code regarding Affordable Housing; and WHEREAS, the local law is proposed in response 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 fair and affordable housing in eligible municipalities throughout the County; and WHEREAS, the Village of Rye Brook has been identified in the settlement as an eligible municipality which compels the Village of Rye Brook to amend its local code to remove impediments and encourage the development of fair and affordable housing by adopting all or a portion of the Model Ordinance created by Westchester County and approved by the Federal Monitor charged with overseeing Westchester County's implementation of its settlement obligations; and WHEREAS, in order to encourage the development of fair and affordable housing, the proposed local law incorporates a majority of the provisions of the Model Ordinance, but makes certain modifications where necessary to best serve the Village; and WHEREAS, on October 26, 2010 the Board of Trustees formed an Affordable Housing Model Ordinance Task Force to review and make recommendations to the Village Board of Trustees regarding the review of the Model Ordinance provisions as they relate to the Village's Zoning Code and as they affect applications for fair and affordable housing; and WHEREAS, the Affordable Housing Model Ordinance Task Force met on December 6, 2010, January 10, 2011, February 7, 2011, March 7, 2011, April 25, 2011, May 23, 2011, June 13, 201 and July 11, 2011; and WHEREAS, on November 23, 2010 the Village Planning Consultant presented a discussion paper to the Board of Trustees regarding Affordable Housing in the Village of Rye Brook, which report provides discussion points regarding affordable housing alternatives in the Village; and WHEREAS, the Affordable Housing Discussion Paper was accepted by the Board of Trustees at its January 11, 2011 meeting; and Board of Trustees December 13,2011 Page 8 of 27 WHEREAS, on July 26, 2011, Board of Trustees reviewed the proposed local law amending Chapters 250, 219 and 209 of the Village Code that was presented by the Affordable Housing Model Ordinance Task Force and referred the proposed local law to the Village of Rye Brook Planning Board for submission of a Report and Recommendation; and WHEREAS, on July 26, 2011, the Board of Trustees classified the proposed local law as an Unlisted Action pursuant to the State Environmental Quality Review Act; and WHEREAS, the Village Planning Board reviewed and discussed the proposed local law at its August 11, 2011 and September 8, 2011 meetings; WHEREAS, on September 8, 2011 the Village Planning Board adopted a Report and Recommendation which was referred to the Board of Trustees; and WHEREAS, on September 13, 201 the Board of Trustees reviewed the Planning Board's Report and Recommendation and made amendments to the language of the proposed local law and thereafter, set a public hearing for October 25, 2011; and WHEREAS, on October 25, 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 December 13, 2011; and WHEREAS, the Board of Trustees received comments from the Westchester County Department of Planning, dated October 25, 2011, which were reviewed and discussed at the October 25, 2011 and November 22, 2011 meetings of the Board of Trustees; and WHEREAS, all written and oral comments received by the Board of Trustees during the public hearing period were reviewed and considered by the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts the attached Negative Declaration. BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 250, 219 and 209 of the Village Code regarding Affordable Housing. Board of Trustees December 13,2011 Page 9 of 27 On a motion made by Trustee Rednick, and seconded by Trustee Toby Marrow, the resolution was adopted. Marilyn Timpone Mohamed, Village Planning Consultant, addressed the Board. She gave an overview of the negative declaration. She noted that there are potential impacts and changes in land use patterns. A review was done for the consistency of the project and impacts on an ordinary development and the quality of life were done. Mayor Feinstein noted that there are concerns, especially surrounding the effect of additional children on the Port Chester School District. If and when a specific application is received, the SEQRA review will be done. The Village Board works cooperative with the Board of Education and the Port Chester Board of Trustees. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the second public hearing on the agenda: PUBLIC HEARING TO CONSIDER THE DISCONTINUANCE OF CERTAIN SIDEWALKS THROUGHOUT THE VILLAGE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE DISCONTINUANCE OF CERTAIN SIDEWALKS THROUGHOUT THE VILLAGE 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 Board of Trustees December 13,2011 Page 10 of 27 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), Irenhly 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"). WHEREAS, on November 8, 2011 the Board of Trustees opened a public hearing on the subject and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to the discontinuance of certain sidewalks throughout the village and the public hearing was closed on December 13, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the discontinuance of the following sidewalks: Hillcrest Avenue (west side only) Irenhyl Avenue Whittemore Place Woodland Avenue Mr. Bradbury gave an overview of the policy. The Village Code has a law that regulates sidewalks and it currently states that maintenance is the responsibility of the homeowner. The matter was looked into and it was found that there are sidewalks that are non-contiguous. The question was whether or not to bring them up to code or remove them. There have been a series of hearings, discussions, and public meetings held on this matter Mayor Feinstein called for members of the public wishing to address the Board. She noted that if the decision is to remove the sidewalks, the Village will do the removal. Alicia Boris of 50-52 Woodland Avenue addressed the Board. She received the Notice about the Public Hearing, attended the last meeting, and went to her neighbors about this issue. She found three people who are Board of Trustees December 13,2011 Page 11 of 27 opposed to the removal of sidewalks on Woodland Avenue. There is a high volume of pedestrian traffic on Woodland and the sidewalks become a safety issue. She asked that the Board consider leaving the sidewalks on the Westside of Woodland. Mr. Bradbury noted that this issue has been discussed for about 10 years. From a liability standpoint if the Village is notified that a sidewalk is in disrepair or discontinuous, it is required to advise the resident. This issue must be addressed one way or another. Trustee Brown noted that if they are left then the residents are responsible for their maintenance. The Village is proposing that it remove the sidewalks and return the area to sod. The Highway Department will do the work of removal of the sidewalks. Mayor Feinstein called for other members of the public wishing to address this matter. Mr. Nick DiFiori of 26 Woodland Avenue noted that there was no sidewalk in front of his house, and he did not want a sidewalk. He was in favor of the removal of the sidewalks. He also stated that this is not a busy pedestrian street. Trustee Jeffrey Rednick wanted to be sure that all the residents were aware that this issue was being address. Mayor Feinstein suggested that another letter regarding the continuation of the public hearing go out. This matter could be placed on the agenda for the last meeting of January, January 24th, and then a decision will be made. On a motion made by Trustee Toby Marrow, and seconded by Trustee Rednick, the matter was adjourned to January 24, 2012. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees December 13,2011 Page 12 of 27 PUBLIC HEARING TO CONSIDER APPLICATIONS FOR A PROPOSED SITE PLAN AMENDMENT AND SUBDIVISION APPROVAL TO CEREBRAL PALSY OF WESTCHESTER AT 1186 KING STREET On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was declared open. Michiel Boender, architect, noted that the plans have changed. They have removed all disturbances from the wetlands. The applicants heard what the Planning Board had to say and made concessions. Marilyn Timpone Mohamed reviewed the letter from the County. The site is within the Z3 zone (the turning zone) is under FAA requirements. There is primarily a height requirement. The application should be submitted to the FAA for their review. The other issue was noise impact from the airport. The noise level from the airport has dropped over the years and, therefore, this issue does not require remediation. There were no further questions, and Trustee Marrow made a motion to close the public hearing. On a second by Trustee Rednick, the public hearing was closed and Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye The resolution on the matter was called before the Board: CONSIDERING APPLICATIONS FOR A PROPOSED SITE PLAN AMENDMENT AND SUBDIVISION APPROVAL TO CEREBRAL PALSY OF WESTCHESTER AT 1186 KING STREET Mr. Bradbury read the following resolution: Board of Trustees December 13,2011 Page 13 of 27 RESOLUTION CONSIDERING APPLICATIONS FOR A PROPOSED SITE PLAN AMENDMENT AND SUBDIVISION APPROVAL TO CEREBRAL PALSY OF WESTCHESTER AT 1186 KING STREET WHEREAS, Cerebral Palsy of Westchester, property owner, submitted applications for approval of a lot merger subdivision, a site plan, a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit to demolish two existing buildings to construct a new administration office building with attached multi-purpose pavilion and terrace on their campus located at 1186 King Street, in the OB-3 Zoning District, the Z-3 Airport Overlay District, the 60 DNL Airport Noise Contour Critical Environmental Area (CEA), and the King Street Scenic Road Overlay District (SROD), Section 124.48, Block 1, Lots 1 and 2, as shown on the Town of Rye Tax Assessor's Map; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Site Plan Application and Checklist 2. Exterior Building Permit Application 3. Revised Full Environmental Assessment Form (EAF) 4. Memorandum to the Planning Board from Dolph Rotfeld, P.E. Rye Brook consulting engineer dated October 12, 2011 5. Memorandum to the Planning Board from Dolph Rotfeld, P.E. Rye Brook consulting engineer dated September 6, 2011 6. Memorandum to the Planning Board from Michael J. Izzo, Rye Brook Building Inspector dated October 13, 2011 7. Memorandum to the Planning Board from Michael J. Izzo, Rye Brook Building Inspector dated August 31, 2011 8. Custom Soil Resource Report for Westchester County, New York prepared by WSP Sells, Briarcliff Manor, N.Y. dated August 23, 2011 9. Letter to the Planning Board from Amanda DeCesare, P.E., WSP Sells, Briarcliff Manor, N.Y. dated October 27, 2011 10.Letter to the Planning Board from Amanda DeCesare, P.E., WSP Sells, Briarcliff Manor, N.Y. dated September 30, 2011 11.Letter to the Planning Board from Amanda DeCesare, P.E., WSP Sells, Briarcliff Manor, N.Y. dated August 23, 2011 12.Revised Operational Plan, prepared by Linda Kuck, Executive Director CPW dated October 28, 2011 13.Revised Operational Plan, prepared by Linda Kuck, Executive Director CPW dated October 3, 2011 14.Tree Condition Assessments, prepared by Matt Weibel, SavATree Consulting Group dated September 6, 2011 Board of Trustees December 13,2011 Page 14 of 27 15.Report on Wetland Buffer including Sheet 1, "Existing Impervious within Wetlands," and Sheet 2, "Proposed Impervious within Wetlands," prepared by WSP Sells, Briarcliff Manor, N.Y. dated July 6, 2011 16.Wetlands Survey dated September 20, 2007 prepared by Paul J. Jaehnig Wetlands and Soils Consulting, Ridgefield, C.T. 17.Letter to the Acting Village Engineer from Michiel A. Boender, AIA, Edgewater Group Architects, Greenwich, C.T., dated September 30, 2011 18.Letter to the Acting Village Engineer from Michiel A. Boender, AIA, Edgewater Group Architects, Greenwich, C.T., dated July 7, 2011 19.Drainage Analysis dated July 2011, revised October 2011 prepared by WSP-Sells, Briarcliff Manor, N.Y. 20.Engineer's Plans, prepared by WSP-Sells, Briarcliff Manor, N.Y.: Sheet Number Sheet Title Dated 1 of 14 Title Sheet 7/6/11 rev. 11/8/11 2 of 14 Existing Survey— Overall Site 8/23/11 rev. 11/8/11 3 of 14 Existing Topographic Survey 7/6/11 rev. 11/8/11 4 of 14 Erosion and Sediment Control Plan 7/6/11 rev. 11/8/11 5 of 14 Tree Preservation & Protection Plan 8/23/11 rev. 11/8/11 6 of 14 Removals Plan 7/6/11 rev. 11/8/11 7 of 14 Overall Site Plan 11/9/11 8 of 14 Site Plan 7/6/11 rev. 11/8/11 9 of 14 Grading Drainage & Utility Plan 8/23/11 rev. 11/8/11 10 of 14 Landscape Plan and Details 8/23/11 rev. 11/8/11 11 of 14 Lighting Plan 8/23/11 rev. 11/8/11 12 of 14 Site Details 7/6/11 rev. 11/8/11 13 of 14 Site Details 7/6/11 rev. 11/8/11 14 of 14 Site Details 7/6/11 rev. 11/8/11 Sketch Fire Access Travel Pattern Plan 7/6/11 1 of 1 Preliminary Survey Plat 9/30/11 1 of 1 Zoning Analysis Plan 11/9/11 21.Architect's Plans, prepared by Edgewater Group Architects, Greenwich, C.T.: Sheet Number Sheet Title Dated A-1 Proposed Floor Plan/Exterior Elevations 1/6/11 rev. 9/30/11 WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be an Unlisted action; and Board of Trustees December 13,2011 Page 15 of 27 WHEREAS, on July 26, 2011 the Board of Trustees referred the applications to the Village Planning Board for report and recommendation; and WHEREAS, the Village Planning Consultant, Village staff and Village Planning Board reviewed the information, submitted comments regarding the Site Plan, Subdivision, Wetland Permit and Steep Slopes Permit applications and made recommendations regarding, among other things, the operational plan of Cerebral Palsy of Westchester, parking, the creation of steep slopes as a result of the installation of a bioretention basin, tree preservation and protection, landscaping, wetlands, and stormwater management; and WHEREAS, on November 10, 2011 the Village Planning Board referred a report and recommendations to the Board of Trustees; and WHEREAS, the Board of Trustees has reviewed the information submitted by the Applicant as well as comments and recommendations made by the Village Planning Consultant, Village staff and the Village Planning Board; and WHEREAS, on December 6, 2011 the Village of Rye Brook Zoning Board of Appeals granted all necessary variances for the proposed construction as well as variances required for the legalization of existing structures on the property; and WHEREAS, on December 13, 2011, the Board of Trustees opened a public hearing on the subject applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the Board of Trustees closed the public hearing on December 13, 2011; and WHEREAS, the Village of Rye Brook Planning Board has scheduled a public hearing on the Wetland Permit and Steep Slopes Permit applications for its January 12, 2012 regular meeting; 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, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts the attached Negative Declaration, ending the State Environmental Quality Review process; and be it Board of Trustees December 13,2011 Page 16 of 27 FURTHER RESOLVED, the Board of Trustees hereby finds that the Final Plat will not be substantively changed from the Preliminary Plat and determines that a public hearing on the Final Plat is not required; and be it FURTHER RESOLVED, that the Village Board of Trustees hereby grants both Preliminary and Final Subdivision Plat Approval for the subdivision (merger) of property known and designated on the tax map of the Village of Rye Brook as Section 124.48, Block 1, Lots 1 and 2, shown on the Preliminary Survey Plat, dated September 30, 2011, and the Mayor is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Mayor: a. The Applicant shall provide the necessary documentation to the satisfaction of the Village Attorney demonstrating the subject lots have been brought under common ownership. b. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219-32 of the Village of Rye Brook Subdivision Regulations, which shall include the Town of Rye tax lot designations for the subject lots. Upon obtaining a satisfactory review by the Superintendent of Public Works/Village Engineer, the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Mayor. C. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due for both lots have been paid; and be it FURTHER RESOLVED, that for the reasons stated herein, the Village of Rye Brook Board of Trustees hereby approves the site plans listed herein, upon the following conditions: 1. All plantings required in the plan titled Landscape Plan and Details prepared by WSP Sells, dated August 23, 2011, last revised October 27, 2011, shall be maintained by the property owner and replaced as necessary or as determined by the Superintendent of Public Works/Village Engineer. 2. The Applicant shall obtain approval for a Stormwater Management Plan pursuant to Chapter 217 of the Village Code. 3. The Applicant shall obtain approval of a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit from the Village of Rye Brook Planning Board. Board of Trustees December 13,2011 Page 17 of 27 4. The functionality of the bioretention basin is reliant upon the performance of perpetual post-construction monitoring and maintenance of same; therefore, the bioretention basin shall be permanently inspected and maintained in accordance with the section entitled "Specifications for Bioretention Basin and Annual Inspection Criteria" and "Appendix F" in the Drainage Analysis prepared by WSP-Sells dated July 2011, revised October 2011. Such inspections and maintenance shall commence with completion and activation of the stormwater management system. The property owner shall be responsible for securing a licensed professional from a landscape architecture, environmental or engineering firm to perform the inspections, and oversee maintenance or repairs required. The owner's professional shall prepare a written summary report of each inspection, maintenance or repair event, and all reports in each year shall be submitted at the end of each calendar year to the Village Engineer for review. The Village Engineer, at his or her discretion shall make site inspections from time to time to verify the reports submitted and determine if the bioretention basin is in good working order and performing in accordance with the approved and intended design standard; and be it FURTHER RESOLVED, that no building permit shall be issued until the Preliminary Survey Plat, dated September 30, 2011, prepared by WSP Sells, is duly filed with the Office of the Westchester County Clerk, Land Records Division; and be it FURTHER RESOLVED, that the Final Plat shall not be signed by the Mayor and no permits shall be issued by the Building Department until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. FURTHER RESOLVED, in accordance with a letter received from the Westchester County Planning Department dated December 13, 2011, the applicant shall refer this project for informational purposes only to the New York State DOT, Connecticut DOT and the Town of Greenwich; and be it FURTHER RESOLVED, that the applicant shall also file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration. Board of Trustees December 13,2011 Page 18 of 27 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was approved. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye The next public hearing was called before the Board: PUBLIC HEARING TO CONSIDER A PROPOSED SITE PLAN AMENDMENT AT 787 KING STREET SUBMITTED BY THE KING STREET NURSING HOME Mr. Bradbury noted that the applicant is proposing the construction of a small office in the court yard. The project manager for the nursing home noted that they enclosed small portion of the court yard to create an office. Mayor Feinstein noted that this was a very small project which came before the Board of Trustees because of a technicality. There were no questions or comments from the Board or members of the public. On a motion called by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was closed. Mr. Burke called the roll. Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees December 13,2011 Page 19 of 27 CONSIDERING AN APPLICATION FOR A PROPOSED SITE PLNAN AMENDMENT 787 KING STREET SUBMITTED BY THE KING STREET NURSING HOME. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AT 787 KING STREET SUBMITTED BY KING STREET NURSING HOME WHEREAS, King Street Nursing Home has submitted an Application for a Site Plan Amendment to legalize a one-story addition at property located at 787 King Street and designated on the Tax Map as Section 130.77, Block 1, Lot 30 and located in the R-15 Zoning District and the King Street Scenic Roads Overlay District; and WHEREAS, the Board of Trustees has final site plan approval authority pursuant to Village Code �� 209-1(A)(1) and 209-1(B)(7); and WHEREAS, the Village Board of Trustees has received and reviewed the information submitted by the Applicant in connection with the application, as follows: 22. Site Plan Application and Checklist 23. Exterior Building Permit Application 24. Short Environmental Assessment Form 25. Architect's Plans, prepared by R. C. Grantham, A.I.A., Architect,New Haven, CT.: Sheet Number Sheet Title Date T-1 Title Sheet rev. 10/14/11 S-1 Site Plan rev. 10/14/11 A-1 Demolition Plan rev. 10/14/11 A-2 Floor Plan rev. 10/14/11 A-2A Ro(o'Plan rev. 10/14/11 A-3 Furniture Plan rev. 10/14/11 A-4 Elevations rev. 10/14/11 A-5 Reflected Ceiling Plan rev. 10/14/11 A-6 Vall Construction Deta& rev. 10/14/11 Board of Trustees December 13,2011 Page 20 of 27 WHEREAS, the subject application was referred to the Westchester County Department of Planning for notification only and to the Town of Greenwich; and WHEREAS, upon review of the Environmental Assessment Forum submitted by the Applicant the Board of Trustees has, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be an Unlisted Action; and WHEREAS, on October 11, 2011 the subject application was referred to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, on December 13, 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 December 13, 2011; and WHEREAS, the Board of Trustees reviewed the Report and Recommendations of the Village Planning Board, and comments the Village Planning Consultant and Village Staff; and WHEREAS, the Applicant has requested a waiver from the requirement of Village Code §209-3(c)(2)(b) that a topographic survey be submitted with the application and the Superintendent of Public Works/Village Engineer has recommended such waiver be granted; 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 Superintendant of Public Works and the Village Planning Board, the Applicant's request for a waiver from the requirement of Village Code 209-3(c)(2)(b) that a topographic survey be submitted with the application. BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts the attached Negative Declaration; and BE IT FURTHER RESOLVED, the application submitted by King Street Nursing Home to amend an approved Site Plan to legalize a one-story addition at property located at 787 King Street,is hereby approved, subject to the following condition: 1. No permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution was adopted. Board of Trustees December 13,2011 Page 21 of 27 The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye The final public hearing was address: PUBLIC HEARING TO CONSIDER A PROPOSED 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 Mayor Feinstein noted that a request for an adjournment was received. With the consensus of the Board, and on a motion made by Trustee Michael Brown, and seconded by Trustee Rednick, the adjournment was approved. On a motion made by Trustee Brown, and seconded by Trustee Rednick, 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 Mayor Joan L. Feinstein Voting Aye The Board turned to the remaining resolutions: REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AT THE BLIND BROOK CLUB TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees December 13,2011 Page 22 of 27 REFERRING AN APPLICATION FOR PROPOSED SITE PLAN AMENDMENT AT THE BLIND BROOK CLUB TO THE VILLAGE OF RYE BROOK PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is in receipt of an application by John Scarlato, Jr., Architect, on behalf of property owner The Blind Brook Club for approval of an amended site plan for property located at 980 Anderson Hill Road, designated as Parcel ID 129.58-1-1 on the Town of Rye Tax Map and located in the R-20 Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority, for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Type II Action 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. John Scarlato, Jr., architect for the applicant, addressed the Board. He gave an overview of the project. Mayor Feinstein noted that this is just a referral to the Planning Board. The Board of Trustees will have final approval. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, 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 Mayor Joan L. Feinstein Voting Aye REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AT THE RYE RIDGE SHOPPING CENTER TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Board of Trustees December 13,2011 Page 23 of 27 Mr. Bradbury read the resolution: RESOLUTION REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT AT RIDGE SHOPPING CENTER TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is in receipt of an application by Peter Stahl on behalf of property owner Win Ridge Realty, LLC for approval of an amended site plan for the Rye Ridge Shopping Center located at 100-150 South Ridge Street, 1-34 Rye Ridge Plaza, 158-204 South Ridge Street, at the intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.27-1-1 and 141.27-1-6 on the Town of Rye Tax Map and located in the Cl-P Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action 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; and be it FURTHER RESOLVED, that the Board of Trustees authorizes the Village Planning Consultant to circulate Notice of Intent to Declare Lead Agency, pursuant to SEQRA, to all known Involved and Interested Agencies on behalf of the Board of Trustees; and be it FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn, the proposed local law be referred to the Village of Port Chester for comment no less than 10 days prior to the public hearing concerning the proposed site plan amendment. Mr. Bradbury noted that the applicant is considering an additional pedestrian walkway. A review by the Planning Board will include parking. Peter Stahl, on behalf of the applicant, noted that they are creating a walkway between the two Rye Ridge Plazas. The proposed construction includes the Board of Trustees December 13,2011 Page 24 of 27 removal of a pad that was the home of a photographic store and creating two additional spaces, and reviewing the proper area for additional garbage disposal. This will not be a compactor, but rather a dumpster. Another issue is moving one of the monument signs. Mayor Feinstein noted that this was a referral to the Planning Board, and they would do a thorough review. 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 Mayor Joan L. Feinstein Voting Aye SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING NO PARKING ON SUNSET ROAD Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING NO PARKING ON SUNSET ROAD NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on January 10, 2012 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law amending Chapter 240 of the Village Code regarding no parking Sunset Road. Board of Trustees December 13,2011 Page 25 of 27 Mr. Bradbury noted that this issue was brought to the Village's attention by a resident. The matter has been reviewed by the Traffic Committee. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye CONSIDERING THE APPROVAL OF MINUTES — OCTOBER 25, 2011; NOVEMBER 8, 2011 Mayor Feinstein noted that, with the consensus of the Board, the approval of the October 25, 2011 and the November 8, 2011 minutes would be adjourned to the first meeting in January. Mr. Bradbury was called upon for his report: ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the leaf program has ended, and the construction of the new bathrooms at the A.J. Possillpo Center are now complete. The Rye Town Dissolution Study group has a meeting scheduled. Additional information can be found on the Village's website. DISCUSSION ITEM: 1) CONSIDERING THE JUNE 1, 2012 SANITATION CONTRACT Mr. Bradbury noted that three years have now gone by, and it is time to discuss this matter. Prior discussions included whether or not read yard pick up would continue, or whether the residents would have to bring the garbage pails curb side for pick up. The other issue is whether or not to Board of Trustees December 13,2011 Page 26 of 27 reduce the frequency of pick-up. A review of other municipalities was done and it was noted that Harrison has made a change in sanitation pick up. The majorities of the other municipalities have remained the same. In order to prepare the bid, which should go out in January, Mr. Bradbury asked for input from the Board. Mr. Bradbury noted that he received clarity from the discussion, and he would continue the review of this matter in preparation of the new contract. Mayor Feinstein called for members of the public wishing to address the Board. He noted that he owned the property at the corner of Ridge Street and Bowman Avenue. The Village has an application before it for review for the construction of a TD Bank. He stated that he was available to answer any questions that the Board and Village may have. Mayor Feinstein noted that the December 27, 2011 meeting of the Board of Trustees was cancelled. The next regular Trustees meetings are scheduled for January 10 and January 24, 2012. She wished everyone a happy and healthy Holiday Season. There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees December 13,2011 Page 27 of 27