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HomeMy WebLinkAbout2010-06-08 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 8, 2010-7:30 P.M. AGENDA 7:00 P.M.— Executive Session— License Agreements ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Public Hearing to consider an application by Win Ridge Realty, LLC for a site plan modification RESOLUTIONS: (1) Referring a proposed special use permit amendment to the Village Planning Board for report and recommendation (2) Considering an extension of the Tree Removal Contract (3) Considering a modification of the license and fee schedule regarding the Street Tree Fund (4) Considering a modification of the license and fee schedule regarding fees for fence replacements (5) Considering a budget modification for a tree planting grant Board of Trustees Meeting June 8, 2010 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS (1) Bike lanes throughout the Village (2) Sidewalk Circulation ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: June 22* and July 13, 2010 *Meeting will take place at the AJP Senior Center, 32 Garibaldi Place, Rye Brook BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Feinstein welcomed everyone to the June 8, 2010 Regular meeting of the Board of Trustees. She called for the first matter on the agenda: Board of Trustees Meeting June 8, 2010 Page 2 PUBLIC HEARINGS: (1) PUBLIC HEARING TO CONSIDER AN APPLICATION BY WIN RIDGE REALTY, LLC FOR A SITE PLAN MODIFICATION Mayor Feinstein noted that the Board has received a letter from the applicant stating that they wanted to withdraw the application. Therefore, the public hearing was not opened and Mayor Feinstein called for a motion to accept the withdrawal of the application. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Michael Brown, the matter was withdrawn. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein, with the consent of the Board, called for the first discussion item on the agenda. DISCUSSION ITEMS: (1) BIKE LANES THROUGHOUT THE VILLAGE Lauren Futter, a 7th grader at Blind Brook Middle School, wrote a letter to the Mayor requesting a Bike Lane be installed throughout the Village. Lauren was invited to the meeting to discuss this issue. Lauren Futter, of Holly Lane, addressed the Board. She thanked the Board for its consideration and for allowing her to re-state her request to the residents of Rye Brook. She explained where she proposed bikes lanes be installed, noting that no one can ride a bike on the sidewalks within the Village. The area for the bike lanes consisted of Anderson Hill Road, Lincoln Avenue, and King Street. Board of Trustees Meeting June 8, 2010 Page 3 Mayor Feinstein thanked Lauren for her input. She noted that, although an excellent idea, there were several problems with the installation of bike lanes on these streets for many reasons. The first was that King Street is a state road and a very heavily traveled road. In addition, King Street extends between two municipalities, and two states. The same is true of Anderson Hill Road, which is located in two states, and Lincoln Avenue is split between two municipalities (Rye Brook and Harrison). Trustee Paul Rosenberg noted that Lauren's letter was very impressive. As a bike rider, he appreciated this request. He noted that when riding up King Street even at 6:30 a.m. on a Saturday morning, a bike rider needs to be very aware of the traffic flow. The Village does not own that road. In addition, King Street crisscrosses into Greenwich. He questioned how wide a roadway would need to be in order to install a bike lane. Mr. Christopher Bradbury, Village Administrator, noted that some of the roads in Rye Brook have potential for a bike lane. A request can be made to the State regarding installation on King Street. He agreed that this is a great idea, but noted that there are obstacles. Mr. Bradbury asked the Board's direction regarding looking further into the possibility of bike lanes within the Village. Mayor Feinstein asked for direction from the Board members and Mr. Bradbury. Research will be done and laws and regulations will be reviewed. Another issue to review is the fact that bicycles cannot be ridden on the sidewalks. It was noted that this issue will be referred to the Traffic Commission for further review. Mayor Feinstein called for the first item under resolutions: RESOLUTION: (1) REFERRING A PROPOSED SPECIAL USE PERMIT AMENDMENT TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: Board of Trustees Meeting June 8, 2010 Page 4 RESOLUTION REFERRING A PROPOSED SPECIAL USE PERMIT AMENDMENT TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Walter T. Gorman, P.E., P.C., on behalf of ExxonMobil Oil Corporation, has submitted an application for a special use permit to legalize the existing retail/convenience store and to amend the conditional special use permit granted by Town of Rye on March 16, 1967 for property located at 101-5 South Ridge Street and identified on the Town of Rye Tax Assessor's Map as Section 141.27, Block 1 Lot 27; WHEREAS, the Board of Trustees has approval authority over special use permits pursuant to Section 250-61-1 of the Rye Brook Code; WHEREAS, the Board of Trustees determines that the proposed action is a Type II action pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act ("SEQRA") requiring no additional review under SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the proposed special use permit application to the Planning Board for report and recommendation. Ariel Vasquez from the firm of Walter T. Gorman addressed the Board. He clarified the request before the Board. He noted that the existing special use permit did not address the retail store. The property is utilized as a gas station. Mr. Vasquez referred to a letter from Mr. Izzo, Building Inspector that states that the Special Use Permit never addressed the retail function. Mr. Vasquez asked that the Board consider the application and amend the Special Use Permit. Mayor Feinstein noted that this matter will be referred to the Planning Board. The same owner has owned the service station prior to the addition of the convenience store. It was noted that the matter needs to be fully vetted before the Planning Board. When the Planning Board has finished, a recommendation will be made to the Board of Trustees and then a public hearing will be set. Board of Trustees Meeting June 8, 2010 Page 5 On a motion made by Trustee Rednick, and seconded by Trustee Toby Marrow, the resolution, as amended (without setting a date for the public hearing), was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye (2) CONSIDERING AN EXTENSION OF THE TREE REMOVAL CONTRACT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN EXTENSION OF THE STREET TREE REMOVAL CONTRACT WHEREAS, on November 10, 2009 the Village Board of Trustees awarded a Street Tree Removal bid to Central Tree Services, Inc.; and WHEREAS, in the street tree removal bid it stated `the contract may be extended at the same unit prices and conditions upon mutual agreement and approval of the Board of Trustees for an additional fiscal year, term beginning June 1, 2010 ending May 31, 2011'; and WHEREAS, in a memo dated May 24, 2010 from Dan Greto, President of Central Tree Services he states his desire to extend the contract for the ensuing fiscal year at the same unit prices and conditions in the original contract; and WHEREAS, the Acting Village Engineer believes it is in the best interest of the Village to enter into this extension. Board of Trustees Meeting June 8, 2010 Page 6 NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves the extension to the Street Tree Removal bid for the ensuing fiscal year, June 1, 2010 to May 31, 2011, at the same unit prices and conditions of the original contract. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye The next item on the agenda was called before the Board: (3) CONSIDERING A MODIFICATION OF THE LICENSE AND FEE SCHEDULE REGARDING THE STREET TREE FUND Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE MODIFICATION OF THE LICENSE AND FEE SCHEDULE REGARDING THE STREET TREE FUND WHEREAS, the Village of Rye Brook allows for the removal of Significant Trees within the village; and WHEREAS, removal requires the approval of the Board of Trustees in accordance with section 235 of the Village Code; and WHEREAS; according to section 235-18 A(2) in lieu of replanting trees applicants may donate funds to the Village Street Tree Fund; and Board of Trustees Meeting June 8, 2010 Page 7 WHEREAS, traditionally the Acting Village Engineer has been charging residents an amount of$125.00 per tree to be replanted; and WHEREAS, the Village desires to codify an amount in the License and Fee Schedule. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby amends to License and Fee Schedule as follows: SUBJECT FEE Payment to Street Tree/ Shade Tree fund (in lieu of required re-plantings) $125.00 per tree Mayor Feinstein noted that this matter was discussed at a prior Board of Trustees meeting. Mr. Bradbury stated that this is a requirement for replacement trees. The second part of the resolution will amend the Village's local law. This resolution will ensure that going forward there is more clarity on the number of trees to be replaced as a tree is removed. Trustee Brown noted that the number of trees to be replaced was determined by the caliper of the tree being removed. The scale can be extended out, and the "discretion" can be removed. If the removal of a tree will have an impact, then replacement follows. If a tree cannot be replaced in the same spot, then there is the alternative of making a donation to the Village's tree fund. The goal is to replant on the property, but some properties do not have the room for replanting. Mr. Bradbury will create a scale for the Board's review. On a motion made by Trustee Rednick, and seconded by Trustee Brown, 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 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 8, 2010 Page 8 4) CONSIDERING A MODIFICATION OF THE LICENSE AND FEE SCHEDULE REGARDING FEES FOR FENCE REPLACEMENTS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A MODIFICATION OF THE LICENSE AND FEE SCHEDULE REGARDING FEES FOR FENCE APPLICATIONS WHEREAS, on March 13, 2010 a severe storm hit Rye Brook causing several fences to be damaged by trees or wind; and WHEREAS, due to the extenuating circumstances of this storm, the Board of Trustees desires to provide relief of certain fees while retaining all of the code requirements on fences for those residents that incurred significant damage as a result of the March 13 storm. NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby modifies the Village of Rye Brook License and Fee Schedule as follows for fence applications initially submitted during the period March 13, 2010 to June 3 0, 2010: Board of Trustees Meeting June 8, 2010 Page 9 SUBJECT FROM TO Fence/Wall application $75 plus $12 for each$1,000 of construction $0.00 Certificate of Occupancy $75 (for$0- $20,000 in construction costs) $0.00 ZBA Application Fee $300 $0.00 Planning Board for site plan review $300 $0.00 AND BE IT FURTHER RESOLVED, that as of July 1, 2010, the any applications for fences would no longer be eligible for this fee schedule relief. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the rsolution was adopted. Mayor Femstien noted that the genesis of this resolution was that fences were downed during the storm of March, 2010, and some have not yet been replaced. The March 13, 2010 storm was devastating. There was a window of opportunity for residents and it will be extended for a very short period. All residents need to make their applications by June 30th Mr. Bradbury noted that this is a fee schedule change. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING A BUDGET MODIFICATION FOR A TREE PLANTING GRANT Mr. Bradbury read the following resolution: Board of Trustees Meeting June 8, 2010 Page 10 RESOLUTION CONSIDERING A BUDGET MODIFICATION FOR A TREE PLANTING GRANT WHEREAS, the Village of Rye Brook received a grant in the amount of $15,000 from the Office of Parks, Recreation and Historic Preservation to provide further tree screening around village ball fields and open spaces; and WHEREAS, according to the grant all trees must be planting and funds expended by June 30, 2010; and WHEREAS, the NYS Office of Parks, Recreation and Historic Preservation will reimburse the village once the project is complete; and WHEREAS, the Village send out a Request For Proposal (RFP) to purchase and plant said trees and three RFP's were returned; and WHEREAS, the lowest responsible submission was received from Curtis Spacavento Landscaping Corp for the price of$18,245; and WHEREAS, specific items may be deleted from the requested plant list to maintain a budget of$15,000. NOW THEREFORE BE IT RESOLVED, the following funds are hereby transferred to accomplish the purpose of the grant: FROM TO AMOUNT Contingency Shade Trees $15,000 101.1990.424 101.8560.414 transfer from Contingency to shade trees. Mr. Bradbury noted that there was an email confirmation from the State that they will reimburse the Village. Hopefully the State will get the funds to the Village within this year. Board of Trustees Meeting June 8, 2010 Page 11 Michal Nowak noted that the weather is still favorable for planting. The only concern is obtaining stock of a decent quality. The vendor can do this at this time. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, 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 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted the Village has been receiving and reviewing proposals for the work at the compost site. This site is utilized to remove the leaves and green waste. So far the Village is very pleased with the three firms that are making bids. Mr. Bradbury noted that the early retirement bill has been approved. The local laws would need to be amended. This matter needs to be evaluated to determine if it makes fiscal sense for the Village of Rye Brook. The Rye Brook annual Birthday Party is scheduled for Saturday, June 19th. The Village reached out for contributions, but a small fee will be charged for food. There will be music, food, and activities for the children, and everyone is invited. It was noted that many of the drainage projects have been completed. The Village has been addressing flooding issues, and the projects completed have helped with these issues. Residents were reminded that there are taxes that are due on June 30th and the grievance day is June 15th. Additional information as to submission of a tax grievance can be obtained at the Town of Rye's website. Board of Trustees Meeting June 8, 2010 Page 12 Mayor Feinstein noted that the next Board of Trustees meeting, June 22'd, has been scheduled for the AJP Senior Center. The following meeting, July 13, 2010, will be held at Village Hall. Mayor Feinstein called for the final item on the agenda: DISCUSSION ITEM: 2) SIDEWALK CIRCULATION A letter was sent to the Board from the residents at 52 Hillcrest who have submitted an application to request the removal of the sidewalk along their property. This brings up the discussion of what Rye Brook should look like, and does the Village want sidewalks in residential areas. Mr. Bradbury noted that the Village has done well on main streets in terms of getting grants for replacing or installing sidewalks. There is no consistency in other areas where there are sidewalks that lead to nowhere. One property may have a sidewalk and then the next property doesn't. The question now being raised is should the existing sidewalks be maintained or removed. Another question is whether the main roadways, the heavier traffic areas, should have sidewalks. This is a project that should be reviewed over the next few months, along with the costs and responsibility issues. Mayor Feinstein noted that over the years there have been discussions regarding who should bear the responsibility of maintenance of the sidewalks. This is the first time since she has been on the Board that a resident has requested the removal of sidewalks. Edward Beane, Esq., Village Counsel, noted that he would have to review this issue. Ms. R. Mutino of 52 Hillcrest, the applicant, stated that the sidewalk in front of her home leads nowhere. This is a safety issue. This is a corner lot and there are no sidewalks on the adjacent properties. Mayor Feinstein noted that the Village Board deferred to counsel. Counsel will review the Village's Code to see if there is something in the Code that gives the Board the ability to make a decision. Board of Trustees Meeting June 8, 2010 Page 13 Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He stated that over four years ago a $400,000 grant for sidewalks on Hillcrest Avenue was received by the Village. However, no sidewalks were installed on Hillcrest Avenue. He felt that this street, a street that the school children use to walk back and forth to school, should have sidewalks as a matter of safety. Four years later it seems as though the money for this project disappeared and the residents here are left with no sidewalks. The kids walk in the street and it is unfair to the residents of District 4. He asked that the Board look into this issue and see where the money was spent. Mayor Feinstein questioned whether there was a grant for Hillcrest. Board of Trustees Meeting June 8, 2010 Page 14 Mr. Bradbury noted that there was a block grant a few years back, but he was unsure of the streets that were included. This matter will require research to see why one area of the Village qualified and the other area did not. Mr. Bradbury offered to go back and research this issue and then present the results to the Board at a future meeting. He noted, however, that when a grant is given, the funds cannot be used for another area. Mr. Miloro noted that District 4 does not have any sidewalks. He felt that nothing is ever done on District 4. Branches were down from the storm and it took five weeks to clear District 4. Mayor Feinstein noted that the Village's Highway Department worked very hard and did an excellent job cleaning up after the storm. The Village extended an extra helping hand to all of its residents. Mayor Feinstein called for questions or comments from members of the public. There being no one wishing to address the Board, she called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the meeting was adjourned at 8:54 p.m. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 8, 2010 Page 15