HomeMy WebLinkAbout2009-09-22 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, SEPTEMBER 22, 2009-7:30 P.M.
AGENDA
7:00 PM–Executive Session–Labor Negotiations: Firefighters
- Litigation: Rye City
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT:
(1) Sketch plan for senior affordable housing units at 525 Ellendale Avenue
PUBLIC HEARINGS:
(1) Public Hearing to consider the designation of an Official Map
RESOLUTIONS:
(1) Considering the award of contract 09-10 "Edgewood Drive Detention Basin"
(2) Considering an extension to KF (Rye Brook), LLC for the submission of the
Final Subdivision Application and Plat to the Village of Rye Brook
(3) Considering a change order to contract 09-14 "Road Resurfacing"
(4) Considering the conversion of two existing BAN'S to serial bonds
(5) Setting a public hearing to consider a proposed local law to amend Chapter
240 of the Village of Rye Brook Village Code regarding Anderson Hill Road
(6) Approving the use of Village streets for the Friends of Crawford Park 5K race
(7) Considering budget modifications–salary adjustments
(8) Approval of minutes–July 14, 2009; July 15, 2009; July 28, 2009; August
11, 2009
Board of Trustees Meeting
September 22,2009
Page 1 of 18
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEMS:
(1) Proposed local law to create an building permit amnesty program
(2) Various Code compliance issues for the AHOA PUD property and review of
the AHOA PUD site plan amendment submissions/omissions
(3) 2004 lot merger application of Kenneth B. Heller
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT REGULAR TRUSTEES MEETINGS: October 13 and October 27, 2009
BOARD: Deputy Mayor Paul S. Rosenberg
Trustee Michael S. Brown
Trustee Dean P. Santon
Trustee Patricia Sanders Romano
Excused: Mayor Joan L. Feinstein
STAFF: Christopher Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Gregory Austin, Chief of Police
Michal Nowak, Acting Village Engineer
Dolph Rotfeld, Village Engineering Consultant
Fred Seifert, Public Access Coordinator
Paula Patafio, Meeting Secretary
Deputy Mayor Paul S. Rosenberg welcomed everyone to the regular meeting of the
Board of Trustees. He noted that Mayor Joan Feinstein's father passed away. He asked
for a moment of silence.
Board of Trustees Meeting
September 22,2009
Page 2 of 18
Deputy Mayor Rosenberg called for the first item on the agenda.
REPORT:
(1) SKETCH PLAN FOR SENIOR AFFORDABLE HOUSING UNITS
AT 525 ELLENDALE AVENUE
Mr. Christopher Bradbury, Village Administrator, noted that the Village
has met with Mr. Louis Larizzo regarding the construction of affordable
housing on property located at 525 Ellendale Avenue. It was noted that
Mr. Larizzo is a real estate developer who built his first project in Rye
Brook on Wyman Avenue North over 15 years ago. Since that time he has
built other projects in Rye Brook (Bowman Avenue, Grant Street), and is
presently constructing 35 units on Alto Avenue in Port Chester.
Mr. Larizzo has been asked to review some concepts for the Board.
Mr. Larizzo addressed the Board. He noted that over the last 15 years he
has been an affordable housing developer for Westchester County, and has
worked in 13 municipalities. He built the Bowman Avenue development
which consists of 14 senior housing units, as well as the development at
Grant Street, which consists of 32 units. Mr. Larizzo noted that presently
he is building 35 units at the bottom of Alto Avenue in Port Chester. His
company is well versed in the regulations and requirements of affordable
and senior housing. Mr. Larizzo noted that the Ellendale Avenue property
would be the site of four affordable housing units of 900 square feet each.
This is a small project. The units would be sold to individuals earning less
than $55,000 per year. In order to qualify the individual must be able to
get a mortgage. The units will be priced at approximately $140,000.00. A
mortgage of$135,000.00 would be sought.
Trustee Dean Santon asked Mr. Larrizo to walk the Board through the
concept. Mr. Larrizo noted that the property is 50' x 150'. Each unit
would be 30' in width. A variance would be required in connection with
parking, but all other requirements are met. There are six parking spaces
proposed for the four units. A two-family home could be constructed on
this property as-of-right. Building four individual units avoids the
problem of overcrowding.
Trustee Santon agreed that one bedroom units do avoid overcrowding.
This project will require zoning relief, but he hoped that there would be a
way to mitigate the parking for this project. Mr. Larrizo responded that
there is a 30' setback in the rear yard. In addition, people like to spend
time in their rear yards. He noted that the front of the units, including the
parking area, would be landscaped.
Trustee Michael Brown stated that the County assists developers
constructing these types of projects. Mr. Larrizo noted that this project
Board of Trustees Meeting
September 22,2009
Page 3 of 18
has not yet been discussed with the County. The issue of senior or
affordable housing would be discussed and a grant review would follow
once a decision has been made. Mr. Larrizo stated that he would construct
whatever the Village wanted. Trustee Patricia Sanders Romano asked if
consideration would be given to Village employees. Mr. Larrizo noted
that the County makes those types of decisions.
Trustee Rosenberg stated the landscaping would screen the parking area.
Trustee Santon noted that a change in zoning would be required before
Mr. Larrizo could construct the units.
Deputy Mayor Rosenberg stated that the Board of Trustees should retain
final approval authority. The application would be referred to the
Planning Board for review. He called for members of the public wishing
to speak in support or opposition to the proposed project. There being no
one, and no further comments/questions from the Board, Deputy Mayor
Rosenberg thanked Mr. Larrizo for his presentation.
PUBLIC HEARINGS:
(1) PUBLIC HEARING TO CONSIDER THE DESIGNATION OF AN
OFFICIAL MAP
Deputy Mayor Rosenberg noted that this was the public hearing on this matter
and he called for a motion to open the public hearing. On a motion made by
Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing
was declared open.
Mr. David Burke, Assistant Village Administrator, called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
Mr. Bradbury noted that the Village has been working to create an official
map. When it is in final form, as accurate as possible, it will be forwarded to
the County for review and approval.
Trustee Santon noted that this has been a tedious process. He felt that
additional review was required and that it would be another month before the
map could be referred to the County. With the consensus of the Board,
Deputy Mayor Rosenberg adjourned the public hearing to the October 15,
2009 meeting of the Board of Trustees.
Board of Trustees Meeting
September 22,2009
Page 4 of 18
Mr. Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
RESOLUTIONS:
(1) CONSIDERING THE AWARD OF CONTRACT 09-10 "EDGEWOOD
DRIVE DETENTION BASIN"
Mr. Dolph Rotfeld, Village Consultant, and Sven Hoeger of Creative Habitat
Corporation addressed the Board. Mr. Rotfeld noted that this review was
ongoing in an attempt to reduce the costs of this project. Suggestions have
been presented to the Board of Trustees. Trustee Santon felt that it would be
ill-advised to put the entire project out to bid again because the bids could
potentially come back higher.
Michal Nowak, Acting Village Engineer, addressed the Board. He stated that
he and Trustee Santon walked the site and reviewed the trees on the property.
He noted that there are approximately eight to nine trees that will be removed
that are not worth trying to save because of health issues. He also noted that
there are several trees that the Village is working to save.
Deputy Mayor Rosenberg felt that the Village needed to decide whether or
not to put the project out to bid a second time, or simply amend the scope of
the bid. The proposed amendments such as saving trees, and keeping the
retaining wall, would result in a savings of approximately $60,000.00,
without redesigning the project. Deputy Mayor Rosenberg called for a five
minutes recess.
Upon the Board's return, Deputy Mayor Rosenberg noted items #1 and 3, as
set forth on Dolph Rotfeld's memorandum, dated July 30, 2009, would result
in a reduction of $60,000.00. The Village is looking to spend the least
amount of money on this very expensive project. Mr. Rotfeld noted that by
removing these items the Village was also reducing a certain amount of
maintenance that would be required. After all is said and done, and after state
aid, the cost to the Village would be approximately $575,000.00.
Deputy Mayor Rosenberg called for comments from the public. Mr. Brian
Burke of 11 Edgewood Drive addressed the Board. He commended the
Village for its effort in saving mature trees on this property. He hoped that
additional trees could be saved. He noted that the proposed fencing was
Board of Trustees Meeting
September 22,2009
Page 5 of 18
critical because this project is in a residential area, and hoped that no changes
would be made to the height and size of the fencing.
There being no further comments, Deputy Mayor Rosenberg called for the
resolution.
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE AWARD CONTRACT 09-10:
EDGEWOOD DRIVE DETENTION BASIN
WHEREAS, the Village of Rye Brook has solicited bids for contract #09-
10 "Edgewood Drive Detention Basin"; and
WHEREAS, a public notice was duly advertised in the official newspaper
of the Village of Rye Brook on June 12, 2009; and
WHEREAS, at 10:00 a.m., Monday, June 29, 2009, all bids received were
opened as summarized below; and
BIDDER BID AMOUNT BID BOND/CHECK
I. Bilotta Construction Corp. $ 833,858 yes
2. Con-Tech Construction Tech. Inc. $ 840,846 yes
3. Peter J. Landi, Inc. $1,046,495 yes
4. ELQ Industries Inc. $1,077,993 yes
5. Coppola Paving & Landscaping Inc. $1,874,400 yes
6. Cassidy Excavation Inc. $2,348,630 yes
WHEREAS, upon reviewing the bids, the Village Consulting Engineer,
Dolph Rotfeld Engineering, P.C. has determined that the lowest responsible
bidder meeting the requirements of the contract documents is Bilotta Construction
Corp.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract#09-10
"Edgewood Drive Detention Basin" is hereby awarded to Bilotta Construction
Corp., for the total bid price of$833,858; and
FURTHER RESOLVED, item 175A be removed and substituted with the
use of rip rap or turf reinforcement mats.
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano,
the resolution was adopted.
The roll was called:
Trustee Michael S. Brown Voting Aye
Board of Trustees Meeting
September 22,2009
Page 6 of 18
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
Trustee Santon continued the discussion regarding alternatives. The consensus of
the Board was that they worked very hard to reduce the costs, and no additional
action was needed.
(2) CONSIDERING AN EXTENSION TO KF (RYE BROOK), LLC FOR
THE SUBMISSION OF THE FINAL SUBDIVISION APPLICATION
AND PLAT TO THE VILLAGE OF RYE BROOK
Deputy Mayor Rosenberg noted that on March 24, 2009 the Board of Trustees
granted approval for the Kingswood project.. The applicant is now looking
for an extension of time to comply with the Village's requirements. A
resolution has been prepared, and Mr. Bradbury was called upon to read the
resolution.
RESOLUTION
CONSIDERING AN EXTENSION TO KF (RYE BROOK), LLC FOR THE
SUBMISSION OF THE FINAL SUBDIVISION APPLICATION AND PLAT TO
THE VILLAGE OF RYE BROOK
WHEREAS, on March 24, 2009 the Village of Rye Brook Board of
Trustees granted KF (Rye Brook), LLC site plan, subdivision, and related
approvals, waivers and conditions by resolution for the `Kingswood' project; and
WHEREAS, the fourth condition of approval required the final
Subdivision Application and Final Subdivision Plat be submitted for signature by
the Mayor within 180 days of the adoption of the resolution; and
WHEREAS, the applicant has requested in a letter from John Wagner
dated September 5, 2009 the extension of 90 days to comply with the submission
to the Mayor of the Final Subdivision Application and Final Subdivision Plat.
NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook
Board of Trustees hereby grants an extension of 90 days to KF (Rye Brook), LLC
to submit for signature by the Mayor the Final Subdivision Application and Final
Subdivision Plat and being done so accepts the payment of 50% of the recreation
Board of Trustees Meeting
September 22,2009
Page 7 of 18
fee within two (2) weeks of the date of the resolution, with the balance due upon
submission of the Plat, as a condition of approval.
John Wagner, Esq., legal counsel for the applicant, reviewed some of the issues
that have caused the delay. He noted that the water company was one of the hold
ups. He suggested that the recreation fee be paid starting with a 50%payment.
Deputy Mayor Rosenberg called for comments from the members of the public.
There were none. He called for an amendment to the resolution
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano,
the resolution was adopted as amended.
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
(3) CONSIDERING A CHANGE ORDER TO CONTRACT 09-14 "ROAD
RESURFACING"
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A CHANGE ORDER TO CONTRACT 09-14
"ROAD RESURFACING"
NOW, THEREFORE BE IT RESOLVED, that the Village Board
hereby approves the change order to contract 09-14 "Road Resurfacing" for the
total estimated amount of $45,882.10 as indicated in the letter dated September
18, 2009 from ELQ Industries, Inc.
There is a lot of repaving going on in this area of the Village. Beechwood Circle
was reviewed and the decision was to move forward and finish out the circle.
Board of Trustees Meeting
September 22,2009
Page 8 of 18
On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano,
the resolution was adopted.
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
(4) CONSIDERING THE CONVERSION OF TWO EXISTING BAN'S TO
SERIAL BONDS
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE CONVERSION OF TWO EXISTING BAN'S TO
SERIAL BONDS
WHEREAS, the Village has received an analysis from its financial
advisor, Capital Markets Advisors, LLC, of converting two (2) of the current
Bond Anticipation Notes (BAN's) into the current serial bond issuance; and
WHEREAS, this would result in a significant short-term savings for the
next four (4) years but would add additional overall interest costs in an estimated
amount of$60,000 over the term of the bond; and
WHEREAS, the Village anticipates that the next several years will
present several financial challenges over the next several years with rising
pension costs and unfunded mandates such as the MTA tax.
NOW THEREFORE BE IT RESOLVED, that the Village Board hereby
approves a conversion of a $341,000 note and a $600,000 note into the already
authorized serial bond issuance.
Deputy Mayor Rosenberg reviewed the need to refinance, and lock in a lower
interest rate. Over the course of 10 years there will be a significant savings from
this action. There are opportunities to get reduced rates and the Village should
take advantage of these opportunities.
Board of Trustees Meeting
September 22,2009
Page 9 of 18
Trustee Sanders Romano stated that she was in favor of the serial bonds. Trustee
Brown noted he was also in favor.
Deputy Mayor Rosenberg called for comments from the members of the public.
There being none, he called for a motion.
On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown,
the resolution was adopted.
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
(5) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED
LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF
RYE BROOK VILLAGE CODE REGARDING ANDERSON HILL
ROAD
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW
TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING ANDERSON HILL ROAD
WHEREAS, the Board of Trustees is considering an amendment of
Chapter 240, Sections 11 and 19 of the Village Code regarding the designation of
Anderson Hill Road as a main artery of travel and the prohibition of parking and
standing on Anderson Hill Road.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
of the Village of Rye Brook, shall hold a public hearing on October 13, 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 of this item and noted that the resolution
simply sets a public hearing.
Board of Trustees Meeting
September 22,2009
Page 10 of 18
On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon,
the resolution was adopted, as amended.
Mr. Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
(6) APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS
OF CRAWFORD PARK 5K RACE
Mr. Bradbury read the following resolution:
RESOLUTION
APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF
CRAWFORD PARK 5K RACE
RESOLVED, that the Friends of Crawford Park are authorized to use
Village of Rye Brook streets for their 5K race on Sunday, October 18, 2009, as
requested in an email by Laura Klein dated September 11, 2009; and be it
FURTHER RESOLVED, that Village streets shall be used in compliance
with the terms and/or conditions established by the Village of Rye Brook Police
Department.
Mr. Bradbury noted that the route for this year is slightly different. The Police
Department has been notified of the race and the changes.
On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown,
the resolution was adopted.
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
Board of Trustees Meeting
September 22,2009
Page 11 of 18
(7) CONSIDERING BUDGET MODIFICATIONS— SALARY
ADJUSTMENTS
Mr. Bradbury read the following resolution:
RESOLUTION
BUDGET MODIFICATIONS
RESOLVED, that the following 2009/2010 salary budget modifications
be hereby approved:
FROM TO AMOUNT
101.1990.424.1 101.1325.170 $ 1,103
(Special Items - (Village Treasurer—
Contingency) Administrative Intern)
101.1990.424 101.1230.120 $ 846
(Special Items - (Village Administrator—
Contingency) Asst to Village Admin)
101.1990.424 101.1410.120 $ 211
(Special Items - (Village Clerk—
Contingency) Asst to Admin/Clerk)
101.1990.424 101.3620.160 $ 1,766
(Special Items - (Safety Inspection—
Contingency) Asst Building Inspector)
101.1990.424 101.3620.170 $ 1,226
(Special Items - (Safety Inspection—
Contingency) Assistant Engineer/
Acting Engineer)
101.1990.424 101.3620.120 $ 2,195
(Special Items - (Safety Inspection—
Contingency) Building Inspector)
101.1990.424 101.6772.130 $ 801
(Special Items - (Human Services—
Contingency) Caretaker)
101.1990.424 101.1680.110 $ 1,532
(Special Items - (MIS—Communications
Contingency) Services Coordinator)
Board of Trustees Meeting
September 22,2009
Page 12 of 18
101.1990.424 101.1325.140 $ 1,925
(Special Items - (Village Treasurer—
Contingency) Deputy Treasurer)
101.1990.424 101.3620.140 $ 1,013
(Special Items - (Safety Inspection—
Contingency) Intermediate Acct Clerk/
Typist)
101.1990.424 101.3120.130 $ 1,129
(Special Items - (Police Dept—
Contingency) Office Assistant)
101.1990.424 101.3120.110 $ 3,969
(Special Items - (Police Dept—
Contingency) Police Chief)
101.1990.424 101.3120.120 $ 2,510
(Special Items - (Police Dept—
Contingency) Police Lieutenant)
101.1990.424 101.7140.120 $ 855
(Special Items - (Recreation Dept—
Contingency) Recreation Leader)
101.1990.424 101.6772.180 $ 918
(Special Items - (Human Services—
Contingency) Recreation Assistant)
101.1990.424 101.7140.130 $ 1,121
(Special Items - (Recreation Dept—
Contingency) Recreation Assistant)
101.1990.424 101.7140.120 $ 1,055
(Special Items - (Recreation Dept—
Contingency) Recreation Leader)
101.1990.424 101.1230.170 $ 1,026
(Special Items - (Village Administrator—
Contingency) Secretary to Village Admin)
101.1990.424 101.1410.170 $ 257
(Special Items - (Village Clerk—
Contingency) Secretary to Village
Admin/Clerk)
101.1990.424 101.3620.130 $ 1,054
Board of Trustees Meeting
September 22,2009
Page 13 of 18
(Special Items - (Safety Inspection—
Contingency) Senior Office Asst)
101.1990.424 101.7140.110 $ 1,888
(Special Items - (Recreation Dept—
Contingency) Supt of Recreation)
101.1990.424 101.1325.110 $ 2,231
(Special Items - (Village Treasurer—
Contingency) Village Treasurer)
101.1990.424 101.1230.110 $ 2,813
(Special Items - (Village Administrator—
Contingency) Village Administrator)
101.1990.424 101.1410.110 $ 703
(Special Items - (Village Clerk—
Contingency) Village Admin/Clerk)
This resolutions simply puts the money into the right accounts.
On a motion made by Trustee Santon, and seconded by Trustee Brown, the
resolution was adopted.
Mr. Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
(8) APPROVAL OF MINUTES—JULY 14, 2009; JULY 15, 2009; JULY 28,
2009; AUGUST 11, 2009
At the consensus of the Board, the review and approval of summaries was put
over to the next Board of Trustees meeting.
Deputy Mayor Rosenberg called upon Mr. Bradbury for the Administrator's Report.
Board of Trustees Meeting
September 22,2009
Page 14 of 18
ADMINISTRATOR'S REPORT
Mr. Bradbury began his report with the issue of road paving. He noted that the road
paving was going very well and should be completed by the end of the month. The next
step will be the curbing work.
Mr. Bradbury reviewed the upcoming smoke testing, the areas involved and what it
encompasses. He noted that the sewer is filled with a non-toxic smoke and then watched
as it exits the system and structures. The smoke is non-toxic, but people with asthma are
warned to take extra precautions since the smoke can enter a structure. Finding smoke
means that there is a problem. Flyers were posted at each home in the testing area. The
Village will have staff members in the field during this testing.
Mr. Bradbury noted that the Board of Legislators had a meeting scheduled for September
23, 2009.
Mr. Bradbury noted that information on the upcoming tree dedication service in memory
of Ron Romano could be found on the Village's website. All residents are invited to
attend.
DISCUSSION ITEMS:
(1) PROPOSED LOCAL LAW TO CREATE AN BUILDING PERMIT
AMNESTY PROGRAM
Deputy Mayor Rosenberg noted that this subject is not new to the Board.
Residents taking advantage of this program will not be subject to the
administrative fines. It has been noted that there are a significant amount of
homes within the Arbors development for which this program would be an
advantage. The Board of Trustees encourages all homeowners to come forward
and legalize work done to their homes under this program. The prior local law
expired approximately six (6) months ago, it was reviewed and now the Board
suggested additional changes. Under certain circumstances if there are no
objections to the application, then the applicant does not have to go before the
Architectural Review Board (ARB). Deputy Mayor Rosenberg requested some
specific language changes.
Trustee Santon noted that there could be as many as 100 decks that were
constructed without permits within the PUD areas of the Village. The PUDs
require amendments so that the decks can comply with the Village's Code and
meet PUD requirements.
Edward Beane, Esq., Village Counsel, suggested setting a public hearing. The
Village wants to be user friendly and the residents should be as informed as
possible.
Board of Trustees Meeting
September 22,2009
Page 15 of 18
Deputy Mayor Rosenberg noted that, with the consensus of the Board, this matter
will be placed on the Board's agenda for the next Board of Trustees meeting for
continued discussion.
(2) VARIOUS CODE COMPLIANCE ISSUES FOR THE AHOA PUD
PROPERTY AND REVIEW OF THE AHOA PUD SITE PLAN
AMENDMENT SUBMISSIONS/ OMISSIONS
Trustee Santon noted that this was a carryover item from a prior meeting.
The discussion on this matter was limited to compliance issues. A specific
concern is the landscape vendor storing commercial equipment on property
within the PUD. The Village Code clearly does not allow for commercial
property to be stored in residential areas. The Village's Code should be
enforced and the landscaper's equipment removed from this property.
Mr. Bradbury noted that there is an application before the Village regarding
PUD site plan amendments. That issue needs to be addressed and the issue of
the landscape equipment will be encompassed in that review.
Mr. Beane noted that the Arbors is aware that this issue has been raised. As
the Village is in the middle of a review process with the Arbors, the issue of
an outside vendor's equipment being stored on PUD property should be
addressed. At this time the Village is waiting for an explanation from the
Arbors. If no response is received then it is a violation of the Village's Code.
This issue must be resolved in the short term rather than the long term.
Mr. Bradbury stated that he would write a letter to the Arbors, explaining the
Village Code and asking them what their position is. Mr. Beane noted that
the letter will give a finite period of time for the Arbors to respond. Deputy
Mayor Rosenberg noted that the Village has been advised that the equipment
is there for a specific reason and for use in the Arbors.
Trustee Sanders Romano felt that a letter should be written to the Arbors,
putting them on notice. Trustee Brown noted that there is a group that is
actively working with the Village. This issue is being dealt with now. He
also noted that there have been no complaints from any of the neighbors.
Mr. Bradbury was directed to write a letter to the Arbors asking them what
their position is.
Deputy Mayor Rosenberg called for members of the public wishing to address
the Board on this issue.
Board of Trustees Meeting
September 22,2009
Page 16 of 18
Moge Agahian of 208 Ivy Hill Lane, noted that the Arbors is represented
by counsel. This issue has been discussed over the past six months. The
equipment is stored on property leased by the Arbors from the School
District, and the equipment is for use on the Arbor's property, and any
notice from the Village should be given to the school district as the
property owner.
Shelly Goldman Silverman of Brush Hollow addressed the Board. She
noted that there are 250 lawns to be mowed and the trucks are there for
that purpose.
Trustee Santon noted that the Village has been put the Arbors on notice
regarding the commercial vehicle parked in this area for quite some time.
Landscapers come in, park on the street, mow their lawns, and then leave.
That is allowed under the Village Code, what is not allowed is having
commercial vehicles parked in a residential area over night.
Rosemary Schlank of Bayberry Lane noted that she resides along this
property and is willing to file a complaint about the trucks being parked
there.
Mr. Bradbury will follow up on this issue and report back to the Board.
Deputy Mayor Rosenberg called for the final item on the agenda under Discussion Items.
(3) 2004 LOT MERGER APPLICATION OF KENNETH B. HELLER
Trustee Santon noted that during the official map process it was noted that
Mr. Heller applied for a lot merger. The application was to join to two lots,
one with his house and one vacant lot. He was not compelled to make the
third lot part of the application. The right-of-way is now a separate lot. In the
early 1900's this was part of a 100 plus acre estate. Mr. Heller owned the lots
and the driveway. The Hanes and Cappocci families have rights of ingress
and egress across the Heller property. Mr. Beane, Village Counsel, was
directed to review the matter and report back to the Board.
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT REGULAR TRUSTEES MEETINGS: October 13 and October 27, 2009
Board of Trustees Meeting
September 22,2009
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Deputy Mayor Rosenberg requested a motion to go into an Executive Session regarding
litigation. On a motion made by Trustee Sanders Romano, and seconded by Trustee
Brown, an Executive Session was called.
Mr. Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Dean P. Santon Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
There being no additional business before the Board, the meeting was adjourned at 10:50
p.m.
Board of Trustees Meeting
September 22,2009
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