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HomeMy WebLinkAbout2010-02-23 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 23, 2010-7:30 P.M. AGENDA 7:00 P.M.—Executive Session—Environmental Council Membership ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Public hearing to consider a Tier III Home Occupation Permit for a dental office at 267 North Ridge Street (2) Public hearing to consider a proposed local law amending Chapter 209 and 250 of the Village of Rye Brook Village Code regarding the Scenic Roads Overlay District RESOLUTIONS: (1) Considering a Tier III Home Occupation Permit for a dental office at 267 North Ridge Street (2) Considering a proposed local law amending Chapter 209 and 250 of the Village of Rye Brook Village Code regarding the Scenic Roads Overlay District (3) Setting a public hearing to consider a proposed local law modifying the sprinkler law (4) Setting a public hearing to consider a proposed local law amending Chapter 78 and 170 of the Village of Rye Brook Village Code regarding Dogs in Parks (5) Approval of Minutes: December 15, 2009; January 12, 2010 and January 26, 2010 Board of Trustees Meeting February 23,2010 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: March 9 and March 23, 2010. BOARD: Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Mayor Joan L. Feinstein Excused: Trustee Dean P. Santon STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Nicholas Ward-Willis, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Feinstein welcomed everyone to the regular meeting of the Board of Trustees. She noted that Trustee Dean Santon was excused from the meeting. Mayor Feinstein called for the first item on the agenda. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A DENTAL OFFICE AT 267 NORTH RIDGE STREET Mayor Feinstein noted that the Applicant had requested another adjournment. A brief discussion ensued concerning the recent and prior requests for adjournments. The consensus of the Board was that this would be the final adjournment approved for this matter. Board of Trustees Meeting February 23,2010 Page 2 On a motion by Trustee Michael Brown, and seconded by Trustee Paul Rosenberg, the matter was adjourned to the first Board of Trustees meeting in April. WHEREAS, Dr. Stanley Okun, the owner of 267 North Ridge Street desires to receive a Tier III Home Occupation Permit for the use of residence as a Dental Office; and WHEREAS, a public hearing was set for January 26, 2010 to consider the proposed Tier III Home Occupation Permit and subsequently adjourned until February 23, 2010; and WHEREAS, Dr. Okun has requested an adjournment of said public hearing until the next regularly scheduled Board of Trustees meeting. NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby adjourned until April 13, 2010 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that the resolution concerning this matter would also be adjourned. Mayor Feinstein called for the second public hearing on the agenda: 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 209 AND 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Michael Brown, the public hearing was declared open. Board of Trustees Meeting February 23,2010 Page 3 Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury began the discussion on this matter by noting that this local law was drafted by the Planning Board. Several discussions have taken place regarding improvements in the rear and side yards of properties that front the Scenic Roads Overlay District, and whether or not the law was intended to capture these types of applications. The Planning Board reviewed applications that have been effected by this local law over the past year and found that only one clarification was needed. Trustee Sanders Romano noted that only a few applications involving this section of the Village's Code came before the Planning Board last year. The homes front the scenic road overlay district. After research, it was found that no matter how minor the changes, the scenic road overlay district rules must apply. Mayor Feinstein noted that some of the provisions of the Village Code are onerous. You learn by doing, and then the law is reviewed to make sure that it is adhered to and to make sure that it is not overly burdensome to the residents. If the ordinance is found to be too rigorous, then amendments can be made. In this case, the Planning Board deliberated and came to the conclusion that leaving things the way they were, with one slight modification, was appropriate. Mayor Feinstein called for questions and/or comments from the community. Aldo Vitagliano, Esq., a local attorney, addressed the Board. He noted that this was the second time addressing the Board on this matter. He has been involved in applications before the Zoning Board that have been a direct result of this portion of the Village Code. He felt that there were serious deficiencies in the portion of the Code that deals with the Scenic Roads Overlay District both as drafted and applied. He was surprised that the scope of the review by the Planning Board was limited, resulting in basically no change in the ordinance. This ordinance affects properties in a serious way. A home that is closer to the street raises a red flag. The site plan review, required drawings, and additional work that go into the approval process for homes in the Scenic Roads Overlay District are unnecessary. Taxpayers have complained about this ordinance, and yet no effort to eliminate site plan requirements for minor alterations has come about after the review. Every house in the Scenic Roads Overly District is subject to site plan review process which is lengthy and costly. It also subjects the homeowners to the vegetative buffer requirement, which most times when measured out is found to be in the center of living rooms. One suggestion would be to limit the coverage to the scenic road streets. Mr. Vitagliano also felt that the ordinance is not written clearly and does not distinguish what segment of the Village streets is included. In addition, the streets included are not Board of Trustees Meeting February 23,2010 Page 4 clearly defined. The intent was to try to include the major corridors and not the side streets. The buffer requirement is excessive. Many of the homes have parking areas that currently exist that are now affected. Protecting the corridors of the Village is a worthy cause, but having to go to the Zoning Board for a variance for an existing structure is silly. Mayor Feinstein noted that it has been approximately five years since this ordinance has been on the books. Nicholas Ward-Willis, Esq., Village Counsel, noted that existing homes would be grandfathered. Mr. Vitagliano noted that they would be grandfathered but would be considered non-conforming. That means the application must go to the Zoning Board of Appeals. Mayor Feinstein noted that there is a mechanism to request waivers. Mayor Feinstein called for final comments from the community and the Board members. There being none, she called for a motion to close the public hearing. On a motion by Trustee Sanders Romano, and seconded by Trustee Brown, the public hearing was closed. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS 2) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 209 AND 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT WHEREAS, the Board of Trustees is considering amendments to Chapter 250 of the Code of the Village of Rye Brook regarding the Scenic Roads Overlay District; and Board of Trustees Meeting February 23,2010 Page 5 WHEREAS, on October 27, 2009 the Board of Trustees referred said local law to the Planning Board for report and recommendation; and WHEREAS, on January 14, 2010 the Planning Board submitted a report and recommendation to the Board of Trustees; and WHEREAS, on February 23, 2010 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 February 23, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 250 of the Village Code regarding the Scenic Roads Overlay District. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Mayor Joan L. Feinstein Voting Aye 3) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW MODIFYING THE SPRINKLER LAW Mr. Bradbury noted that the Village has modified this local law. The State must review all modifications and now that the review has been completed the local law can be revised. Village Counsel has requested additional time to streamline the amendments to the local law. Mayor Feinstein asked Nicholas Ward-Willis, Esq. how much time was needed. Mr. Ward-Willis stated that two weeks would be a sufficient timeframe. After a brief discussion, the Board decided to take no action on this matter at this time. Mayor Feinstein called for the next item on the agenda: Board of Trustees Meeting February 23,2010 Page 6 4) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 78 AND 170 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING DOGS IN PARKS Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTERS 78 AND 170 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING DOGS IN PARKS WHEREAS, the Board of Trustees is considering amendments of Chapter 78 and 170 of the Village Code regarding dogs in parks. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 9, 2010 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mr. Bradbury summarized the resolution, noting that it would set a public hearing on the local law that has been drafted. The local law would continue to allow dogs in parks on leashes of five feet. Dogs would not be allowed in active recreational areas and dog droppings must be picked up. In addition, clear signage would be installed. Mr. Bradbury noted that there was some redundancy in the law that has been corrected. Trustee Brown asked that the new local law include the requirement of picking up after your dog. This issue should also be addressed on the signage. Trustee Paul Rosenberg noted that this issue was discussed by the Recreation Council several months ago. They made a recommendation and the amendments were now before the Board. He thanked the Recreation Council for bringing this to the Village's attention. Mayor Feinstein noted that these changes update and clarify the Village's ordinance. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution to set a public hearing was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Board of Trustees Meeting February 23,2010 Page 7 Trustee Patricia Sanders Romano Voting Aye Mayor Joan L. Feinstein Voting Aye 5) APPROVAL OF MINUTES: DECEMBER 15, 2009; JANUARY 12, 2010 AND JANUARY 26, 2010 On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the summaries were adopted as amended. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that one additional resolution was added to the agenda with the consensus of the Board. Mr. Bradbury provided an overview of the resolution. He began by noting that on February 1, 2010 Danny Ullman, a student at Blind Brook High School, made a request to use the Rye Brook Athletic Fields on May 22 — May 23 for an event called"Sleep for Solutions." The purpose of the event is to educate the community of the plight of the homeless. The event will be held overnight. There will be no food allowed. Blankets, sleeping bags, etc. are allowed and will be donated in the morning. Mr. Ullman has been very diligent and received the Arbors approval last week, and the School's approved today for the use of the fields, restrooms, and to hold the event after the fields are closed. There are some open items that still need to be discussed. When everyone is satisfied with the answer from a legal point of view, then permission from the Village will be finalized. One of the issues is whether not the event is limited to Rye Brook residents. There must be an adult involved to interface with. Danny is a minor and for potential liability the Board felt that an adult should be designated. Mrs. Ullman noted that she could be put in that role. Mr. Bradbury noted that parents must be at the event with their children, but the Village questioned what the proper age for a child to be in attendance without an adult would be. The Village will waive the permit/application fees for the use of the fields. There will be filming of the event and waivers from everyone attending the event must be obtained. The EMS and fire safety professional must be involved. The intent of the Board is to approve the event, as soon as the liability issues have been dealt with. Board of Trustees Meeting February 23,2010 Page 8 Nicholas Ward-Willis, Esq., Village Counsel, shared the Mayor's concern. One issue is the age of the coordinator. The questions raised will be reviewed and solutions will be put in place. Mrs. Ullman noted that the event is being limited to Rye Brook residents only. Others can donate, but to attend you must be a Rye Brook resident. The physical sponsor, the Westchester Coalition for the Hungry and Homeless, will provide the insurance. Mr. Stark has suggested that high school students could attend without a parent. Younger students would need adult supervision. Mrs. Ullman noted that Danny had intended that the registration form would contain a waiver statement regarding the videotaping. Mr. Ward-Willis noted that the Village needed copies of the documents and information on the event to be placed on the website and for review. Mayor Feinstein thanked Danny for taking the initiative. She noted that the Board would take a formal vote at the March 9th meeting. Mr. Bradbury noted that in addition to no food, no tobacco would be allowed. The restrooms on the field would be open, and the restrooms in the school would be available for any overflow. Mayor Feinstein noted that there is a suggested contribution in order to attend this event. Individual contributions would be $35.00, $60.00 for two people, $75.00 for three, and then four or more $100. The individuals can find sponsors like a sleep-a-thon. The goal of this event is awareness and education. Mrs. Ullman noted that 100% of the funds go the Coalition. The sleeping bags and blankets will also be donated. No tents or overhead protection will be allowed. Chief Austin noted that the police department has been notified of the event. ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the Edgewood basin project has hit a few weather delays,but now the retaining walls are at 80%. The project is now back on track, and the Village is looking forward to the next steps in an effort to protect the residents from flooding. Dolph Rotfeld, Village Consultant,has been asked to review the Hidden Falls pond. He is in the process of preparing an engineering report, which should be completed in the next two to three weeks. Mr. Bradbury noted that the candidate videos for the upcoming election have been submitted to the Village. They will be aired from February 26th through March 7t1' on both Cablevision and Verizon channels. They will be shown four times per day. Board of Trustees Meeting February 23,2010 Page 9 A meeting is scheduled for March 11th at 7:00 p.m. to address the Ridge Street reconstruction project. Information on this project has been posted on the Village's website. OLD BUSINESS: Mayor Feinstein and Mr. Bradbury updated the community on the status of the affordable housing settlement between Westchester County and the federal goverment. The Village's Planning Consultant is now looking at different sites within the Village for possible locations for this type of project. A meeting with the County has been scheduled for March 9th. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to go into an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the Board meeting was voted at 8:41 p.m. to go into an Executive Session. Board of Trustees Meeting February 23,2010 Page 10