HomeMy WebLinkAbout2009-02-24 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, FEBRUARY 24, 2009-7:30 P.M.
AGENDA
7:00 PM– Executive Session– Real Estate Negotiations & Personnel
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS:
(1) Public Hearing to consider a special use permit and site plan approval by
MetroPCS for a telecommunications facility at 211 South Ridge Street
(2) Public Hearing to consider approval of preliminary and final subdivision plats
and a site plan development 03 30 semi-attached residences on Anderson Hill
Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13
RESOLUTIONS:
(1) Considering a special use permit and site plan approval by MetroPSC for a
telecommunications facility at 211 South Ridge Street
(2) Considering approval of preliminary and final subdivision plats and a site plan
development of 30 semi-attached residences on Anderson Hill Road, Rye
Brook, New York, Section 129.35, Block 1, Lot 13
(3)Authorizing submission of a NYS Home Rule Request to establish a Hotel
Occupancy Tax
(4) Setting a Public Hearing to consider a proposed local law to Chapter 250 of the
Village of Rye Brook Village Code regarding front yard setbacks
Board of Trustees Meeting
February 24, 2009
Page 1
(5) Setting a Public Hearing to consider a proposed local law to Chapter 209 of the
Village of Rye Brook Village Code regarding Site Plan Review
(6) Settlement of Claim: 14 Churchill Road
(7)Approval of Minutes — November 12, 2008; November 25, 2008; December 9,
2008
ADMINISTRATOR'S REPORT:
OLD BUSINESS:
(1) Trustee term limits
NEW BUSINESS:
(1) Planning Study Recommendations
DISCUSSION ITEMS:
(1) Recreation Offering Travel Baseball for 13U and 15U
(2)Policy on Collection of Recreation Fees
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT REGULAR TRUSTEES MEETINGS: March 10 and March 24, 2009
BOARD: Mayor Joan L. Feinstein
Trustee Michael S. Brown
Trustee Paul S. Rosenberg
Trustee Patricia Sanders Romano
Trustee Dean P. Santon
Board of Trustees Meeting
February 24, 2009
Page 2
STAFF: Christopher J. Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Gregory Austin, Police Chief
Nicholas Ward-Willis, Village Counsel
Fred Seifert, Public Access Coordinator
Paula Patafio, Secretary
Mayor Joan Feinstein called the regular meeting of the Board of Trustees to order. She
noted that the first matter on the agenda was the continuation of the public hearing
regarding the MetroPCS application.
PUBLIC HEARINGS:
(1) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT AND
SITE PLAN APPROVAL BY METROPCS FOR A
TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE
STREET
Daniel Laub, Esq. of the firm of Cuddy & Feder addressed the Board as legal
counsel for the applicant. He noted that there were two issues that needed
clarification that came up from discussions at the previous Village Board
meeting. The first issue was the size of the equipment shed. He noted that the
applicant was unable to find a smaller shed that would be suitable for the size
and numbers of antennas proposed at this installation. Additional screening
has now been proposed. The second issue was the reinforcement of the roof
top installation. The work to be completed has been submitted as part of the
report. It was also noted that the height of the actual antennas cannot be
lowered. They must be higher than the height of the roof.
Mr. Michael Musso of HDR LMS, Village Consultant, addressed the Board.
He noted that a structural memo was forwarded to the Board of Trustees. The
structural information is provided up front and, before the Certificate of
Occupancy can be granted, additional information must be provided upon
completion of the installation. He pointed out that there will be some
reinforcing that will be done on the roof of the building for two of the
antennas. He also noted that a web search was performed for specially
designed equipment cabinets. The total height of the shed is about 45 to 50
inches tall. No cabinets were found that would fit the criteria that the Village
was looking for.
Board of Trustees Meeting
February 24, 2009
Page 3
Mayor Feinstein called for questions or comments from the members of the
public or members of the Board. Trustee Patricia Sanders Romano thanked
the applicant for the additional research.
There were no additional questions or comments, and Mayor Feinstein called
for a motion.
On a motion made by Trustee Santon, and seconded by Trustee Sanders
Romano, the public hearing was closed.
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
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein, with the consensus of the Board, called the resolution on MetroPCS:
RESOLUTIONS:
(1) CONSIDERING A SPECIAL USE PERMIT AND SITE PLAN
APPROVAL BY METROPSC FOR A TELECOMMUNICATIONS
FACILITY AT 211 SOUTH RIDGE STREET
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A SPECIAL USE PERMIT AND SITE PLAN APPROVAL BY
METROPCS FOR A WIRELESS TELECOMMUNICATIONS FACILITY
AT 211 SOUTH RIDGE STREET
WHEREAS, an application was made by MetroPCS New York, LLC on
behalf of the property owner, 211 South Ridge Street Corporation, to amend the
site plan and obtain a special use permit to add an attached wireless
Board of Trustees Meeting
February 24, 2009
Page 4
telecommunications facility to the roof of 211 South Ridge Street, located on the
Town of Rye Tax Assessor's Map as Section 141.35, Block 2, Lot 39; and
WHEREAS, on April 29, 2008, the Board of Trustees referred the
application to the Village of Rye Brook Planning Board; and
WHEREAS, the Planning Board review the application at its December
11, 2008 and January 8, 2009 meetings; and
WHEREAS, the Planning Board, at its January 8, 2009 meeting, referred
the application back to the Board of Trustees with a positive recommendation to
the Board of Trustees to approve the Project with certain modifications as
presented in the January 8, 2009 Report and Recommendation which includes
provisions to screen the attached wireless telecommunications facility; and
WHEREAS, the Board of Trustees retained the services of HDR/LMS to
review the application and provide a recommendation to the Board of Trustees
with respect to the application; and
WHEREAS, HDR/LMS did review the application and its report was
made available to both the Planning Board and Board of Trustees; and
WHEREAS, the Board of Trustees reviewed the following plan set with
respect to this application:
Sheet Number Sheet Title Date
T-1 Title Sheet Rev. 12/5/08
P-1 Perimeter Map Rev. 12/5/08
Z-1 Site Plan Rev. 12/5/08
Z-2 Roof Plan Rev. 12/5/08
Z-3 Elevation Rev. 12/5/08
Z-4 Details Rev. 12/5/08
Board of Trustees Meeting
February 24, 2009
Page 5
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
WHEREAS, the Board of Trustees opened the public hearing on February
10, 2009 on the subject application, at which time all persons were given the
opportunity to speak on behalf of or in opposition to said application and the
public hearing was adjourned to February 24, 2008 for further review and
subsequently closed on February 24, 2009.
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees
hereby grants the requested special use permit and site plan application to add an
attached wireless telecommunications facility to the roof of 211 South Ridge
Street subject to the following condition(s):
1. The applicant comply with section 250-39(D)(7) of the Village Code
regarding the submission of annual reports.
2. The applicant comply with all of HDR/LMS' recommendations in its
December 8, 2008 report.
3. The applicant provide the screening it proposed to the Planning Board and
which is depicted in the plan set last revised on 12/5/08.
4. The applicant provide a final structural analysis to the Building Department which
describes the building modification/reinforcing required to accommodate the
antenna sled and the equipment cabinets as indicated in HDR/LMS's
memorandum dated February 18, 2009.
On a motion made by Trustee Dean Santon, and seconded by Trustee Patricia
Sanders Romano, 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
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for the second public hearing:
2) PUBLIC HEARING TO CONSIDER APPROVAL OF PRELIMINARY
AND FINAL SUBDIVISION PLATS AND A SITE PLAN DEVELOPMENT
Board of Trustees Meeting
February 24, 2009
Page 6
03 30 SEMI-ATTACHED RESIDENCES ON ANDERSON HILL ROAD,
RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13
Mayor Feinstein noted that it has been almost four months since a presentation has
been made on this application. It is important to review the changes that have
transpired since October 28tH
John Wagner, Esq., attorney for the applicant, addressed the Board. He noted that
there were some outstanding comments from the Village's Planning and
Engineering Consultants. The applicant's efforts were focused on preparing
revised plans, and a new submission was sent to the Village in November. An
additional study was completed regarding the fresh water situation on the site.
Mr. Wagner noted that a very productive meeting was held on February 3'd at the
offices of Keane & Beane. Some additional changes were requested. These
changes included some reconfiguration of the drainage system around the ponds.
Because of the fresh water on the site it was necessary to find a way to divert the
water to the detention basin. At the suggestion of Mr. Dolph Rotfeld the applicant
should replace some of the well-type installations that will take the water down
into the lower stratus. This reconfiguration is the main change. Mr. Rotfeld has
reviewed the plans and he is now satisfied with the new plans. The concerns of
F.P. Clark Associates has also been responded to. Mr. Wagner noted that he was
not aware of any outstanding issues at this time. The applicant is ready and
willing to work with the Village to move forward.
Mayor Feinstein noted that a submission was made to the Planning Board of
Westchester County. She asked about the status of the County's review.
Mr. Wagner noted that a submission was made in November, and was responded
to in January. One of the County's requests was to remove the gates, and now the
gates are gone. Mayor Feinstein noted that the gatehouse will remain but the gates
have been removed from the plans.
Mr. Dolph Rotfeld addressed the Board. He noted that a memo was submitted to
the Board stating that he was satisfied with the plans as amended. There were
suggestions made and the applicant has accepted them. There may be field
changes that will occur at the time of construction, and he noted that water and
sewer will require certification from the Health Department at the end of the
proj ect.
Marilyn Timpone-Mohamed, Village Consultant, addressed the Board. She stated
that the office of F.P. Clark reviewed the plans with the office of Beth Evans.
Board of Trustees Meeting
February 24, 2009
Page 7
F.P. Clark went over, very carefully, the continued monitoring and maintenance of
the wetlands. One of the open areas that she noted was the applicant's ability to
protect the existing wetlands and to protect areas within the scenic roads district.
She noted that the applicant will create an entrance on Anderson Hill Road which
will alter the landscaping/buffer in that area. In addition, on King Street some of
the vegetated area will be opened up as the service road is constructed. Once the
construction is completed there will be some replanting done. The area around the
entrance will be replanted. The applicant has proposed conservation easements
across all of the wetlands. This way they can be maintained and protected. The
other two areas should also be put into a conservation easement.
Ms. Timpone-Mohamed noted that the clustering of the development allows for
large areas of wetlands, and for the borders of the property to be left undisturbed.
There is a fee for the placement of a conversation easement, and this easement will
require monitoring. The Homeowners Association will be responsible for the care
and maintenance.
Trustee Santon asked who will monitor the conservation easement. He stated that
there were many trees that need to be removed, including trees that are in the
proposed roadways. Ms. Timpone-Mohamed noted that the Village can appoint
someone to oversee the easement. She pointed out that a portion of the property
from the state-line to the state-line on Anderson Hill Road is not in Rye Brook's
jurisdiction. The existing landscaping should be maintained as planted — but the
applicant is responsible for and ultimately the homeowners association will be
responsible for maintaining this property. The wetlands will remain as they stand.
The Village must make sure that the functionality of the wetlands is maintained
over time.
Trustee Santon felt that the Village of Rye Brook could be the steward of the
easement. He felt that the wooded area should be preserved and not developed.
The buffer is a natural wooded buffer but if this buffer was ever lost then his
concern is that those 30 homes will be right on King Street.
Ms. Timpone-Mohamed noted that the easement holder reviews the property,
makes sure that nothing has changed and if something has changed then they bring
it back to the state that it was in . The owner of the property is the one that will do
the maintenance. There are storm water management facilities, mitigated
wetlands, and the buffer is the extension of the storm water ponds.
Trustee Santon felt that the Village of Rye Brook would be the best steward for
the conservation easements.
Board of Trustees Meeting
February 24, 2009
Page 8
Mr. Bradbury, Village Administrator, noted that the Village is not the one doing
the inspections of the storm water basins. The applicant would be required to
submit a form annually.
Mayor Feinstein noted that it is everyone's vested interest to keep this area
pristine. It should be kept natural and this could be a condition in the resolution.
Mayor Feinstein noted that there is fencing around the southern pond. It is
currently a black vinyl chain link fence, and she requested that this be changed to a
split rail fence with wire mesh. Ms. Timpone Mohamed noted that the split rail
fence does look a little more natural, however, the chain link fence will be within
the planted area and it will become less and less visible as the plantings grow. She
suggested that perhaps a split rail fence is better for the areas where the residents
will be able to see it. She noted that the fence is not a deterrent because if
someone wants to get into the pond they can. The proposed fencing is only 4'
high.
Mayor Feinstein questioned whether or not there was ample lighting at the
gatehouse. Ms. Timpone-Mohamed noted that the light poles are 10' high poles.
They are residential in design, and shine onto the street. The gatehouse is not
illuminated. There is sufficient light for safety and the area is not overly lit. There
is a balance here.
Mayor Feinstein wanted to be sure that the emergency vehicles can get into these
residencies. It was noted that the plans allow for appropriate access.
Trustee Santon asked for clarification regarding the actual location of the
Aquarian (now United Water) structures and who will be responsible for
screening. United Water is responsible for their screening. Ms. Timpone-
Mohamed noted that this facility is within the conservation easement. Aquarian's
screening was inadequate and the Village hoped that United Water would add
additional screening. The applicant will contact United Water to discuss the
proj ect.
Trustee Santon noted that Frank's Franks area has expanded into the tree line and
is now a bigger area. There is a utility hook up and gravel has been added. The
current use is a prohibited use in the residential zone. In addition, he noted that
you cannot have a utility hook up in the middle of an empty lot. What happens if
the food vendor changes and little by little the wooded area starts to suffer
Board of Trustees Meeting
February 24, 2009
Page 9
impacts. If the landscape buffer starts to deteriorate then the homes will become
visible.
Ms. Timpone-Mohamed noted that if the operation that is existing now is
removed, the gravel parking area will have plants that will start to grow. What
would grow in this area on its own is Norway Maple and other invasive species.
This is right against the wetlands and it will put a burden on the wetland. It is in
everyone's interest that this area be rehabilitated, but then the question of who will
be responsible for the rehabilitation arises.
Trustee Santon noted that Greenwich was unsure of how the utility hook up came
onto this property. The same holds true for how the gravel came onto the
property. The installations must be removed and the property must be restored to
its natural state. Nobody should ignore the topic of this prohibited use of a
residential property.
Mr. Wagner noted that the applicant asked the owner of Franks' Franks to remove
its operation itself; however, Greenwich initially said that it was okay to remain in
the right-of-way. The official position of the Town of Greenwich is that there is
no violation. The determination was made that hotdog vendor is not on the
applicant's property but rather in Greenwich's right-of-way.
Trustee Santon noted that the Town of Greenwich currently has a problem with
the location of Frank's Franks and issued violations to the property owners. The
Village's Board of Trustees also raised this issue. He wanted to make sure that the
tree line does not get worse and that it is enhanced.
Mr. Bradbury noted that this issue was raised at a meeting last week. Whatever
the status is of the location of this vendor, the screening must be adequate.
Trustee Santon noted that this is a parcel of property with a split jurisdiction. The
applicant has control over the property where the utility hook up is and where the
cars are parked. The bottom line is that this is an important project and there
should be closure to this open issue of environmental impact.
Mayor Feinstein noted that the application is moving along and the Village must
make sure that there is adequate screening of the homes on Anderson Hill Road.
Nicholas Ward-Willis, Esq., Village Counsel, addressed the Board. The Village
will want screening on the portion of property where Franks' Franks is located.
This issue must be addressed. There is a large void in this area and no one wants
Board of Trustees Meeting
February 24, 2009
Page 10
to guess at what will happen in the future. Trustee Santon noted that this is a
gateway into Rye Brook.
Mr. Wagner noted that the applicant has asked the owner of this business to leave.
The applicant wants nothing to change on the Greenwich portion of the property.
They do not want to deal with Greenwich. If the applicant has to beef up the trees
in the Greenwich portion of the property, then the applicant must go to Greenwich
for approvals. Any work that might be done there will subject them to that
jurisdiction. The landscaping plan that has been designed will take care of
screening this project. He stated that the Village cannot impose conditions on
property in another jurisdiction, in another state. Mr. Wagner reiterated that the
applicant does not want to do any work on the Greenwich portion of the property.
Mr. Ward-Willis suggested additional screening and plantings on the New York
portion of the property.
Ms. Timpone-Mohamed noted that additional screening can happen back further
on the property. The landscaping between the homes and the wetlands can be
increased and perhaps evergreens can be added. In the winter time we may be
able to see between the trees, but deciduous trees do not have leaves in the winter
so evergreens are better. She noted that it would be better to replant the edge of
the property and to also replant and restore the area.
Mayor Feinstein asked the applicant's counsel to look into this. The applicant was
asked to take reasonable steps to make sure that this food vendor use is terminated.
Trustee Santon noted that there are residents in Greenwich who are affected.
Greenwich should be concerned about this use in order to protect its residents.
Mr. Robert J. Richardson of Bowman Drive, Greenwich, of King-Merritt
addressed the Board. He noted that he was not sure that this was a political issue
in Greenwich and felt that it was more a product of poor communication. The
owner of the property is responsible to ensure that the use of the property
conforms with the rules of the Town of Greenwich. He suggested that Mr.
Bradbury address this matter with the Town of Greenwich. Mr. Bradbury agreed
and stated that he would put this request in writing.
Mr. Richardson noted that getting a conservation easement in Greenwich may
require the approval of the Town of Greenwich, so when the applicant states that
they are avoiding Greenwich they are incorrect.
Board of Trustees Meeting
February 24, 2009
Page 11
Trustee Sanders Romano asked what would happen if there was no conservation
easement in Greenwich. Mr. Wagner stated that he could not fathom that they
would require approval to putting a legal agreement on the property.
Mayor Feinstein reviewed the concerns raised — split rail fence extending to the
buffer, additional planting with respect to the screening, the addition of
evergreens, the removal of the vendor on Anderson Hill Road, and additional
screening in that area. Mr. Wagner noted that there is little space between the
homes and the wetland areas. Additional plantings in the wetland area have a
ripple effect and this will require additional study. Ms. Timpone-Mohamed stated
there are no problems with altering the planting plan in that area to include
evergreens.
Trustee Santon noted that the Village of Rye Brook has a relationship with
Greenwich and Mr. Bradbury should address the matter with them. All Rye Brook
is looking for is the augmentation of plantings.
Mr. Wagner noted that the issues raised by the Blind Brook Club have been
responded to and resolved.
Mr. Bradbury noted that some staff comments have been provided. The street
names need to be reviewed. There needs to be information on the temporary
office and trailers and how the traffic flow will work, where the construction
access will be, and two access are there. Also to be addressed is the location of
mail boxes. The construction management plan will be reviewed by the Village's
Engineer.
Mayor Feinstein questioned what the timeframe would be from when the
resolution is voted upon and approved to the time that construction begins.
Mr. Ward-Willis noted there is a specific time frame. Approval is valid for one to
three years, and the applicant can come back for extensions. This can be
conditioned and not be opened ended.
Mayor Feinstein asked that the draft resolution be reviewed. She felt that keeping
the public hearing open would be the best scenario. The consensus of the Board
was to keep the public hearing open. Mayor Feinstein noted that the public
hearing would be adjourned to the March I01 meeting.
On a motion made by Trustee Santon, and seconded by Trustee Brown, the public
hearing was adjourned to March 10, 2009.
Mr. Burke called the roll:
Board of Trustees Meeting
February 24, 2009
Page 12
Trustee Michael S. Brown Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein noted that the resolution on this matter was adjourned to March 10,
2009.
Mayor Feinstein called for a brief recess. The meeting was reconvened at 9:32 p.m.
Mayor Feinstein called for the next item on the agenda:
3) AUTHORIZING SUBMISSION OF A NYS HOME RULE REQUEST TO
ESTABLISH A HOTEL OCCUPANCY TAX
Mr. Bradbury read the following resolution:
RESOLUTION
AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO
ESTABLISH A HOTEL OCCUPANCY TAX
WHEREAS, the Village of Rye Brook desires to enact an occupancy tax
on any room for hire within the Village; and
WHEREAS, the rate of such tax shall not exceed three (3) percent of the
per diem rental rate for each room; and
WHEREAS, NYS Senator Suzi Oppenheimer has introduced NYS
legislation to the Senate with bill number S.1180, and NYS Assemblyman George
Latimer has introduced NYS legislation to the Assembly with bill number
A.00231; and
Board of Trustees Meeting
February 24, 2009
Page 13
WHEREAS, this legislation requires the passage of a Home Rule Request
to the NYS Senate and NYS Assembly by the Village of Rye Brook.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of
the Village of Rye Brook hereby approves the submission of a Home Rule
Request to the NYS Senate and Assembly for bill numbers S.1180 and A.00231
that would not exceed a three (3) percent daily room tax for a hotel, motel, or
similar place of public accommodation; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to submit
the Home Rule Request and execute and deliver all necessary documents to NYS.
Mr. Bradbury highlighted for the Board that this is a significant amount of money.
He noted that there is an outside chance of getting this, but it would really help.
Trustee Santon asked what was different about this attempt versus the last time.
The first time it was turned down. Mr. Bradbury noted that the obstacle has been
that they have not passed this for a Village. Rye Brook is trying to keep our name
out there.
On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the
resolution was adopted
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
4) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL
LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING FRONT YARD SETBACKS
Board of Trustees Meeting
February 24, 2009
Page 14
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO
CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING
FRONT YARD SETBACKS
WHEREAS, the Board of Trustees is considering amendments to Chapter 250,
Section 19 and 19.1 of the Village Code regarding Front Yard Setbacks.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook, shall hold a public hearing on March 10, 2009 at 7:30 p.m. at the
Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law.
Mr. Bradbury noted that the local law as initially drafted would effect the R20 and
R25 zones. It is an attempt to keep the houses that are being built from coming
closer to the street. The Planning Board has discussed this matter. They
recommended only modification in the R25 zone.
Ms. Timpone-Mohamed, Village Consultant, noted that one of the things that the
Planning Board was concerned about when they started to look at the issue of
moving forward and this was particular prevalent in homes in the R25 zone versus
the R20 zone. In the R25 zone there are some very deep lots with homes set very
far back. Using the average of three homes — the existing home and the two on
either side -- or using just the homes on the other side in order to calculate front
yard setbacks has been considered. The Planning Board looked at making it an
absolute by saying that the homes must be placed at the distance that it is now, but
in the case of an abnormal size yard this would not be fair. An extra deep front
yard is anything over 100'.
Trustee Santon felt that the existing code was better. He could not figure out what
was wrong with that law that led to this proposed amendment. Mr. Bradbury
responded that on the lots that are less 100' they cannot be any closer to the street
than they are now unless they apply for a variance.
Ms. Timpone-Mohamed noted that going for a variance to get the relief is a
requirement. Trustee Santon asked for an illustration. Mayor Feinstein stated that
the public hearing should take place first and then the Board will vote on whether
or not a diagram is needed.
Board of Trustees Meeting
February 24, 2009
Page 15
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano,
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
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
5) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL
LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING SITE PLAN REVIEW
Mr. Bradbury read the following resolution
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW
TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE
REGARDING SITE PLAN REVIEW
WHEREAS, the Board of Trustees is considering amendments to Chapter 250,
Section 1 of the Village Code regarding Site Plan Review.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook, shall hold a public hearing on March 10, 2009 at 7:30 p.m. at the
Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law.
Mr. Bradbury gave a brief overview. Trustee Rosenberg wondered if a special use
permit would be required and whether this change would trigger site plan review.
Mr. Bradbury responded that it would not.
Board of Trustees Meeting
February 24, 2009
Page 16
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano,
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
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
6) SETTLEMENT OF CLAIM: 14 CHURCHILL ROAD
Mr. Bradbury read the following resolution:
RESOLUTION
SETTLEMENT OF CLAIM: 14 CHURCHILL ROAD
WHEREAS, a claim for reimbursement relating to premises located at
14 Churchill Drive was submitted to the Village of Rye Brook(the "Village"); and
WHEREAS, the Village and Owners of said premises (the "Claimants")
have determined they wish to resolve this claim;
NOW THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees hereby authorizes the Mayor to enter into a settlement of this
claim and reimburse Claimants the sum of Seven Thousand and 00/100
($7,000.00); and
BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all
papers necessary to implement this Resolution.
It was noted that this issue resulted from the removal of trees from Churchill
Road. The residents involved and their counsel were at a meeting and after review
Board of Trustees Meeting
February 24, 2009
Page 17
and consideration the Village determined that it was in its best economic interest
to resolve this claim in the sum of$7,000.00 without further litigation.
Trustee Santon felt that the names of the claimants should be inserted in the
resolution, as owners. Trustee Santon also noted that in his opinion this was the
right decision by the Village to enter into this settlement.
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano,
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
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
7) APPROVAL OF MINUTES — NOVEMBER 12, 2008; NOVEMBER 25,
2008; DECEMBER 9, 2008
On a motion made by Trustee Santon, and seconded by Trustee Sanders Roman,
the summaries were approved subject to changes to be submitted by Trustee
Santon.
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report
Board of Trustees Meeting
February 24, 2009
Page 18
ADMINISTRATIVE REPORT:
Mr. Bradbury noted that registration for Recreation Programs starts Monday, March 2nd
Residents can go to the website to sign up and make payment. This worked very well last
season. There is a cost savings to the Village in that no mailing is done, and a time
savings for the residents in that registration can be done at home versus taking time off
from work to come to Village Hall. Flyers will be placed at the schools and an ad will be
taken out with the Westmore News. Additional information can be found on the
Village's website.
Mr. Bradbury noted that the old election machines will be used at the next election. They
are tried and true and they still work well. The County has selected new machines, they
were certified, and then lost their certification. He also pointed out that the old machines
will be used in November as well. The new machines cannot be used until they are
certified by the state.
It was noted that the Edgewood basin survey work will start next week. The markings
for work to be done, trees to be removed, etc. will be done this week. This matter will be
back before the Board, and the residents will receive updates on this project. Trustee
Santon noted that the landscape can not be addressed until a plan has been completed.
The next item addressed was the possible dredging of the pond at Hidden Falls. This
matter was discussed at the previous Board of Trustees meeting and a request for funding
has been submitted. It was not successful, but the Village will keep trying. The Village
is hoping for Federal Funding. Trustee Santon noted that work was done in 1942 by the
County on private property. At that time there was pond at the lower part of Crawford
Park which was eliminated.
OLD BUSINESS
1) TRUSTEE TERM LIMITS
Mayor Feinstein noted that this issue was brought up years ago. Research has
taken place and it was noted that under state law the Board members have the
authority to make this determination. It was her opinion that this would be better
decided by putting it to the residents. It is more difficult for a Board to undo the
voice of the people. A Home Rule Request must be made and no one knows
whether or not it will be approved.
Board of Trustees Meeting
February 24, 2009
Page 19
Trustee Brown agreed that the residents should make this decision, but his concern
was that there are not enough people who come out to vote. The difference is that
150 residents might make the decision versus 5 board members. There must be a
way to get the residents to come out and vote and become involved in the Village.
Mayor Feinstein noted that there is voter apathy, and pointed out that the last few
elections did not have a great voter turnout.
Trustee Rosenberg felt that turnover at the board level may increase participation
from the residents. He felt that it would be better to place this matter before the
voters in November versus March because more people come out to vote in
November.
Trustee Sanders Romano noted that she was not passionate about this one way or
the other. She felt that term limits are set by the voters because if the voters don't
want someone on the Board then they won't re-elect them.
Trustee Santon concurred with Trustee Romano. He noted that only one mayor
held the position for ten years. As new people volunteer, the voters make the
decision by voting.
Mr. Beane noted that this Board can impose term limits, however, another Board
could come in and overturn that decision. He felt that the Board could vote on a
resolution and put term limits in place and see what happens.
Trustee Santon noted that he had no qualms about going ahead and doing this. He
felt that no one would want to hang around for nine years. These are volunteer
positions.
Mayor Feinstein called for the consensus of the Board. The Board members did
not want to move ahead with this. Mr. Beane suggested that he contact Albany to
get a feeling of what the off-the record feeling would be. He also suggested that
the Village contact Senator Oppenheimer and George Latimer for their views.
Mr. Beane will make the calls and report back to the Board.
Board of Trustees Meeting
February 24, 2009
Page 20
NEW BUSINESS:
1) PLANNING STUDY RECOMMENDATIONS
Mr. Bradbury noted that the Village Board asked for a review of the Planning
Study to see if there were any areas that the Village should be concentrating on. It
was noted that the subcommittee made a recommendation for mini-studies that
would include review of the Recreation Zone, the Village's downtown area, and
design and landscape guidelines. It was noted that all of these issues were
reviewed in the Village's Comprehensive Plan.
2) RECREATION OFFERING TRAVEL BASEBALL FOR 13U AND 15U
It was noted that the Board and residents all agree that it is important for our
children to be able to play baseball in Rye Brook. At prior discussions it was
noted that the Village would have the option of taking the older boy's travel
baseball back under the purview of the Village's Recreation Department. This
matter was placed on the agenda to help resolve the problems and to ensure that
our children have a venue for playing baseball next season.
Trustee Sanders Romano noted that if the program is offered through the Village,
then the children would be playing on Village fields.
Mr. Bradbury stated that the Village is waiting for a response from the Travel
Baseball group. As a result, the Village is beginning to explore different options.
A recreation program operated by the Village utilizes the Village's fields as well
as having the use of the school district fields according to availability.
Trustee Santon noted that he did not want the Village and the private club
competing for the children. If the children are not going to be able play baseball
then the Village should provide a program. This would be for the summer season.
He felt that the Village should give the Travel Baseball Club additional time to
make a decision.
Mayor Feinstein noted that the Recreation Department is spread thin over the
summer because of camp. She hoped that a decision could be made soon so that
everything would be in place for this summer program.
Board of Trustees Meeting
February 24, 2009
Page 21
One matter was added to the agenda:
3) POLICY ON COLLECTION OF RECREATION FEES
Mr. Bradbury noted that there were some discussions regarding how discounted
rates for the fields would be colleted. One suggestion was taking 60% up front.
Trustee Santon noted that his concern was that bulk or discounted rates and how
the Village would not get burned. The fields must be maintained whether or not
they are used.
The Board discussed charging the full rate for the fields for the summer, and then
considering a discount for the fall season. The Board deferred to administration
for further review of this matter.
Mayor Feinstein called upon Police Chief Gregory Austin. Chief Austin noted that on
February 10th during a recreation program at the Ridge Street School two cars were
broken into. He reminded residents to keep their cars locked and to not leave any
valuables in sight. Residents must be mindful that incidents of car break-ins occur. He
also noted that a similar incidents have taken place at St. Mary's Cemetery were cars
were broken into and pocketbooks were stolen. The police department is investigating
these incidents.
Trustee Santon noted that he attended a meeting concerning the Sylvan Road subdivision
application. The Village of Rye Brook has not seen plans on this subdivision for over
eight months. There are some issues of this subdivision that will impact Rye Brook.
There are plantings proposed for municipal properties and proposed driveway curb cuts.
The applicant is looking to build three houses — with one maple tree in the front of each
house and nothing in the rear yards. He asked that Rye Brook Village staff take a look at
the current plans. Trustee Santon noted that the applicant in his February 3, 2009 cover
letter blames Rye Brook for water coming down a street onto this property. You cannot
determine whose water is coming down a public roadway. These Port Chester Planning
Commission meetings are not televised.
Board of Trustees Meeting
February 24, 2009
Page 22
Mr. Bradbury noted that he has called and requested a copy of the plans for review.
Village staff will review this matter and report back to the Board of Trustees.
Mayor Feinstein called upon members of the public wishing to address the Board. There
being no one, she called for a motion to adjourn.
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the
meeting was adjourned at 11:00 p.m.
Board of Trustees Meeting
February 24, 2009
Page 23