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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