Loading...
HomeMy WebLinkAbout2009-10-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 13, 2009-7:30 P.M. AGENDA 7:00 PM– Executive Session– Fire Fighter Contract - Rye City Litigation - Cell Tower Lease ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: (1) Public Hearing to consider the designation of an Official Map (2) Public Hearing to consider a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding Anderson Hill Road RESOLUTIONS: (1) Considering a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding Anderson Hill Road (2) Considering an application for the removal of a significant tree at 19 Woodland Drive (3) Considering an application for the removal of a significant tree at 1 Paddock Road (4) Setting a public hearing to consider a proposed local law to amend Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance Board of Trustees Meeting October 13,2009 Pagel (5) Setting a public hearing to consider a proposed local law establishing an amnesty program for work performed or completed without a permit (6) Setting a Public Hearing to consider a proposed local law to amend Chapter 160 of the Village of Rye Brook Village Code regarding house renumbering (7) Authorizing the Village of Rye Brook to enter into an Inter Municipal Agreement with Westchester County for sharing of Geographical Information System Data (8) Reaffirmation of local law #10-2009 regarding sprinklers (9) Approval of minutes — July 14, 2009; July 15, 2009; July 28, 2009; August 11, 2009; September 15, 2009 ADMINISTRATOR'S REPORT: (1) Discussion of additional temporary Certificate of Occupancy regulations OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: (1) Affordable Housing Initiative (2) Clarification of various issues with the Harkness At Rye Town PUD amended site plan review process and AHOA communications ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: October 27 &November 10, 2009 Board of Trustees Meeting October 13,2009 Page 2 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Patricia Sanders Romano Trustee Paul S. Rosenberg Trustee Dean P. Santon 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 Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the regular meeting of the Board of Trustees. She took a moment to thank everyone for the support that she received when her father passed away a few weeks ago. Mayor Feinstein noted that the first item on the agenda was a continuation of the public hearing designating an Official Map. A lot of work has gone into putting this map together. She asked that the policy decisions to be made to adopt the map be addressed. (1) PUBLIC HEARING TO CONSIDER THE DESIGNATION OF AN OFFICIAL MAP Mr. Christopher J. Bradbury, Village Administrator, noted that the Zoning Map has been amended and will become the Village's official map. The intention is to put this map into the GIS and on the Village's website. Westchester County must review the map prior to its adoption. He called upon Ms. Timpone Mohamed, Village Consultant, for a brief overview of the process. Ms. Timpone Mohamed noted that there were two major issues. The first was to add the areas that would be part of the official map to the zoning map and the second was to correct some errors on the current map. The map that the Village has been using is based on an older set of tax lot maps from the 1990s. Over the years, it has been updated in a very a limited way, and very sporadically. Board of Trustees Meeting October 13,2009 Page 3 Trustee Dean Santon reiterated that many of the changes were actually corrections. He noted that he has provided a paper trail of due diligence. At this point the map needs a little bit of tweaking. He asked the Board to review the paper streets and how they would be titled on the map. Edward Beane, Esq., Village Counsel, stated that the preference would be to refer to them as Unimproved Streets (no public access rights). Easements were discussed, and Mr. Beane strongly recommended that no easements be identified on the map. Ms. Timpone Mohamed noted that her office would be reviewing the map again and making minor corrections. Mr. Bradbury noted that it would be helpful to show where Rye Brook meets the adjacent municipalities. Mayor Feinstein called for members of the public wishing to address this matter. There being no one, she called for a motion to adjourn the matter to the November 24, 2009 Board of Trustees meeting. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Santon, the public hearing was adjourned. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 2) 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 gave a brief overview of the proposed changes to the Village's Code, noting that the amendments codifiy the changes to the local law, and clean up the Code. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Michael S. Brown, the public hearing was opened. Board of Trustees Meeting October 13,2009 Page 4 Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for comments or questions from the Board and members of the public. There being none, Mayor Feinstein called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Michael S. Brown, the public hearing was closed. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: (1) CONSIDERING 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 CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING ANDERSON HILL ROAD WHEREAS, the Board of Trustees is considering amendments to Chapter 240 of the Code of the Village of Rye Brook regarding Anderson Hill Road; and Board of Trustees Meeting October 13,2009 Page 5 WHEREAS, on October 13, 2009 the Board of Trustees opened a public hearing on the subject Local Law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on October 13, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 240 of the Code as proposed regarding Anderson Hill Road. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was closed. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye (2) CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 19 WOODLAND DRIVE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 19 WOODLAND DRIVE WHEREAS, David Swerdloff the owner of 19 Woodland Drive, Rye Brook applied for a Tree Removal Permit for a thirty (30) inch diameter, fifty (50) foot high Tulip Significant Tree at said property on April 9, 2009; and WHEREAS, located within three feet and sharing a root system with the Tulip is a twenty-one (21) inch, fifty (50) foot high Sweetgum; and Board of Trustees Meeting October 13,2009 Page 6 WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, a thirty (30) inch diameter, fifty (50) foot high Tulip on said property is considered a Significant Tree; and WHEREAS, as the Tulip and Sweetgum tree share a root system, both trees would have to be removed simultaneously. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the Tree Removal Application made by David Swerdloff for a thirty (30) inch diameter, fifty (50) foot high Tulip at 19 Woodland Drive; and be it FURTHER RESOLVED, the Village of Rye Brook requires a replanting plan as follows: On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution opened for discussion. Mr. David Swerdloff of 19 Woodland Drive addressed the Board. He noted that he has resided in this home for 35 years, and the trees were there when he moved in. Several years ago the roots of the trees, which are very close to the house, lifted up the side of the garage, which resulted in repair work. The roots are now lifting up the side of the garage again. At this time he was requesting permission to remove the trees. He noted that there are twelve to fourteen significant trees on his property. Mr. Michal Nowak, Acting Village Engineer, addressed the Board. He noted that these are two trees of a significant size. Both trees grow a significant amount per year, and are located approximately 2' from the garage. In time these trees will lift up the foundation, which already has cracking. They are beautiful trees, but they are too close to the house. Mr. Nowak noted that this property is heavily vegetated, but replacement trees could be planted in the rear yard, near the property line. It was noted that the Sweetgum tree needs to be replaced under the Village's Code. Trustee Santon stated that the applicant could donate two (2) trees to be planted elsewhere in the Village, and be directed to plant one (1) tree on his property. Board of Trustees Meeting October 13,2009 Page 7 Mayor Feinstein stated that the Board of Trustees has the authority to dictate what types of trees are to be replanted; however, she felt that the applicant should have input. Another issue is to decide where the trees should be placed. Mayor Feinstein asked that the matter be adjourned to the November 10th meeting. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adjourned. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye (3) CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 1 PADDOCK ROAD Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 1 PADDOCK ROAD WHEREAS, Jonathan and Maryna Powell, the owners of 1 Paddock Road, Rye Brook applied for a Tree Removal Permit for a forty (40) foot high fifty-four and one half (54.5) diameter Mulberry on said property on September 14, 2009; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and Board of Trustees Meeting October 13,2009 Page 8 WHEREAS, said forty (40) foot high fifty-four and one half(54.5) diameter Mulberry on said property is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the Tree Removal Application made by Jonathan and Maryna Powell for a forty (40) foot high fifty-four and one half(54.5) diameter Mulberry at 1 Paddock Road; and be it FURTHER RESOLVED, the Village of Rye Brook requires a replanting plan as follows as indicated on their replanting plan dated October 9, 2009. Mr. Powell noted that this is not a tree that they want to take down, but it is one that needs to be taken down for safety reasons. There are a significant number of trees on his property, including two (2) large Maple Trees. A replanting plan has been submitted. It was also noted that two (2) trees in the Village's right-of-way came down during the last storm. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg 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 AMEND CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees Meeting October 13,2009 Page 9 SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE WHEREAS, the Board of Trustees is considering an amendment of Chapter 186, of the Village Code regarding property maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 27, 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 matter. He stated that the Village's Code needs more direct language when dealing with water flow that goes from one property to another. The local law has been prepared for the Board's consideration. 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 Paul S. Rosenberg 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 ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT Mr. Bradbury read the resolution: RESOLUTION Board of Trustees Meeting October 13,2009 Page 10 SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT WHEREAS, the Board of Trustees is considering a proposed local law establishing an amnesty program for work performed or completed without a permit. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 27, 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 intention of the amnesty program is to bring residents forward so that additions, renovations, decks, etc., constructed without a permit can be inspected for safety reasons. It was noted that some of the fees are waived and there is a shorter process under this program. Trustee Santon felt that it was good to try and help the residents. However, he expressed a concern about avoiding the Architectural Review Board as part of the review process. Trustee Paul Rosenberg noted that it would reduce the complexity of the review and expense to the applicant. The Village would like everyone that has done work without a permit to come in and apply for a building permit. There are underlying safety issues here, and it is important to educate the public. Sometimes permits are not taken out and then there is no follow through. The Certificate of Occupancy (C.O.) is not closed out. Problems arise when people go to sell their homes and the open C.O.s are found. Mayor Feinstein noted that she was in favor of amnesty. The Village wants to make sure that the additions, decks, etc. are safe. The Village needs to be friendly and fair to the residents. It is equally as important to keep in sight the goal that all improvements have been safely constructed. Mr. Nowak, Acting Village Engineer, went through the process for legalizing a deck or addition constructed without a permit. He noted that there are legalization and permit fees, and that the applicant is required to have plans, and an as-built survey must be submitted. The Board discussed the types and size of projects that would be included in this amnesty program. Specially discussed were decks constructed within a P.U.D. such as the Arbors. To legalize a deck the applicant would have to come into the Board of Trustees Meeting October 13,2009 Page 11 Building Department and complete a Building Application and provide plans created by an architect for the Building Inspector's review. The matter could then be heard by the Architectural Review Board and a letter from the Arbors would be required. Permit fees are paid, and then a Certificate of Completion and an as-built survey would be created. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution setting the public hearing was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 160 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOUSE RENUMBERING Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 160 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOUSE RENUMBERING WHEREAS, the Board of Trustees is considering an amendment of Chapter 160, of the Village Code regarding house renumbering. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 27, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Board of Trustees Meeting October 13,2009 Page 12 Mr. Bradbury noted that the Director of Public Works and Police Chief make the decision about re-numbering of homes. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution setting the public hearing was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SHARING OF GEOGRAPHICAL INFORMATION SYSTEM DATA Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SHARING OF GEOGRAPHICAL INFORMATION SYSTEM DATA WHEREAS, the Village of Rye Brook uses Geographical Information System (GIS) to provide computerized mapping of properties and infrastructure within the Village; and WHEREAS, a major cost associated with GIS is related to the development and maintenance of the specialized data sets; and WHEREAS, the County of Westchester offers local municipalities the opportunity to share data resources to significantly reduce the costs associated with obtaining data individually. Board of Trustees Meeting October 13,2009 Page 13 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an inter-municipal agreement with the County of Westchester for GIS data sharing as described in the attached agreement; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to the County of Westchester for the purposes of entering into the subject IMA. Mr. Bradbury noted that this was standard language for this type of agreement. 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 Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 8) REAFFIRMATION OF LOCAL LAW #10-2009 REGARDING SPRINKLERS Mr. Bradbury read the following resolution: Board of Trustees Meeting October 13,2009 Page 14 RESOLUTION REAFFIRMATION OF LOCAL LAW #10-2009 REGARDING SPRINKLERS RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby reaffirms local law #10-2009, adopted on August 25, 2009. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 9) Approval of minutes —July 14, 2009; July 15, 2009; July 28, 2009; August 11, 2009; September 15, 2009 Mayor Feinstein asked that the July 14th, July 15th, and July 28th and the August 11th summaries be approved. She asked that the September 15th summary be held in abeyance for comments. The summaries were approved, as amended on a motion made by Trustee Sanders Romano, seconded by Trustee Brown. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting October 13,2009 Page 15 ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the fall leaf collection started the first week of October. He asked that residents be conscious of what is put into the piles of leaves. All containments must be removed for the safety of the people doing the job, and to protect the equipment. The suction on these machines is very strong and when it kicks back something like a rock, it comes out with great force. Information on this program can be found on the Village's website. The hope is to have four trucks out there to ensure that the leaves are picked up before the first snowfall. Mr. Bradbury announced that the street paving has been done and the curbing, which is the next step, has started. The Village has a meeting scheduled with the Postal Service to discuss the possibility of giving Rye Brook its own Zip Code. This is an issue that has been discussed over the years. Mr. Bradbury will keep the Board informed of the status of the discussions. Mr. Bradbury noted that the Hutchinson Parkway Bridge at King Street is the "most hit" bridge in the State. A meeting was held with the Department of Transportation a few weeks ago in an attempt to come up with ways to stop this from happening. Signage improvement is the first step, and a message board is being considered. Most of the accidents occur when truckers from out of state utilizing their navigation systems are directed onto the Hutch. The bridge is too low and before they realize it they've had an accident. For a long term fix the county and state are looking at options such as working with GPS companies. Some insurance companies are trying to push incentives for these updates. The Governor and Department of Transportation have a meeting scheduled to review these issues. Mr. Bradbury stated that he would give the Board updates after each meeting. It was noted that the smoke tests will be continuing. The first run of smoke testing has been completed and Tuesday starts the second round. Additional information is available on the Village's website. Mr. Bradbury noted that information on the Village's Code, regulations, applying for a permit, and obtaining a Certificate of Occupancy can be found on the Village's website. In addition, the Village's Board meetings can be viewed on streaming video. Board of Trustees Meeting October 13,2009 Page 16 Mayor Feinstein gave an update of the Village's revenue report, i.e.: mortgage tax, sales tax, etc. As everyone is aware, the mortgage tax revenue is down, as is sales tax. Another update will be given in January. Mayor Feinstein called for the first item under Discussion Items: DISCUSSION ITEMS: 1) AFFORDABLE HOUSING INITIATIVE Mayor Feinstein stated that it is fair to say that Rye Brook has always been amendable to affordable housing. Recently the Village has entered into discussions with Mr. Louis Larizzo, a contractor with an expertise in building affordable housing. The next step is the implementation of a plan. The Village needs to be proactive in where they want these units constructed. Mr. Bradbury agreed with the Mayor, noting that his staff would like to identify potential properties. No project is perfect, but the Village is trying to find the best options. Mr. Bradbury and his staff will work with Ms. Marilyn Timpone Mohamed, the Village's Consultant, to collect information from other municipalities about their legislation governing the construction of affordable housing. In addition, the county is going to provide some information. The County is looking for a balance of rental and ownership properties. Mayor Feinstein called for the second item: 2) CLARIFICATION OF VARIOUS ISSUES WITH THE HARKNESS AT RYE TOWN PUD AMENDED SITE PLAN REVIEW PROCESS AND AHOA COMMUNICATIONS. Trustee Santon noted that there have been meetings held with representatives from the Arbors. The Arbors PUD has a residential component of 250 units, an 18 acre office park component, and then there is Harkness Park. It was noted that each development is different and each has a different approval process. The Arbors is the oldest P.U.D. in the Village. The site plans are now being updated. The intent is to update and move forward. He noted that there was an October 6, 2009 meeting among the Arbors community and there has been a series Board of Trustees Meeting October 13,2009 Page 17 of communications to Arbors residents and he asked that a few issues be clarified regarding Village documentation and correspondence going back to May of 2008. The Arbors residents are welcome to attend the meetings and correspond in whatever way they would like in order to find out what the issues are. He asked that Mr. Bradbury give an overview of the current application. Many of the residents have a false impression of the application and of the process. The real purpose must be made clear. The goal is to update the Arbors HOA/PUD. This is the first of three (3) PUDs (Doral and BelleFair) to be updated. Mr. Bradbury stated that any resident interested in obtaining information regarding this issue can make a request under the F.O.I. act. Edward Beane, Esq., Village Counsel, stated that concerned residents could also contact his office for additional information. Regarding the modifications of other PUDs, there have been a series of PUD modifications over the years. There have been modifications from 900 King Street, BelleFair, Talcott, and Doral Arrowwood. Mayor Feinstein noted that nothing can be accomplished by looking backwards and laying blame. It is time to move forward. Mr. Bradbury noted that in April/May of 2008 a dialogue on these issues was started. The goal is to update the site plan and add all changes that have been made such as the addition of patios, decks, walls, etc. Once an updated version of what exists now is presented, the Board of Trustees will review it and an updated site plan and PUD plan will be created. Next a process for going forward will be created so that people who would like to do smaller projects on their property will not cause the PUD to need to be modified. An application has been received from the Arbors. Trustee Santon noted that the Village wants to make sure that all of the lots are actively reflect in the PUD. As a homeowner, they should have some ability to have input to make sure that their property is accurately reflected on the plans. Mayor Feinstein called for questions or comments from members of the public. Mr. James Glucksman of 100 Brush Hollow Close, in the Arbors, addressed the Board. He stated that residents of the Arbors are worried that there may be a profound impact as a result of this review. The Village needs to clarify exactly what they are looking to do. Many residents have come to the Village and requested permission to build a Board of Trustees Meeting October 13,2009 Page 18 fourth bedroom or a deck. They have Certificates of Occupancy but are now worried that these projects go against the PUD. Mayor Feinstein noted that the Village is working with the Arbors to legalize all changes and to have the PUD updated. No one is trying to alarm the residents. Mr. Beane, Village's Legal Counsel, noted that before you can begin to solve a problem you have to know what it is. The Village is trying to find out what it is and then everyone will look for a way to fix it. Trustee Santon noted that there are no miscommunications coming from the Board of Trustees because they speak in public. No one is going to say you have a garage that is not on the plan, now take it away. A policy decision must be made, and the PUD must be updated. The result will be positive and the homeowners will benefit from this. Mr. Robert Flink, Esq. addressed the Board. He noted that his firm has been retained by the Arbors, but he did not have an opportunity to review the documents. He noted that there are many legal issues involved and a lot to digest. Several of the statements made are based on loose facts. There is a lot of material to be reviewed. It is important to clarify what changes have been made. Trustee Brown noted that the Village is not going to inspect the interior of the homes, unless there is an application before the Building Department. No one has asked the Arbors to present a listing of every home and how many bedrooms are in each. This is not the ultimate goal for the documents that the Village is now seeking. Trustee Santon noted that the PUD that is approved has very specific criteria in it. The number of bedrooms allowed is listed in the PUD. This can be amended and removed. The applicant/developer and the Town agreed, 30 years ago, that the units would be no more than 1400 square feet on average— no more than a maximum of 1600 square feet. There were to be 51 one- bedroom units and 200 two-bedroom units. This criteria needs to be amended. Mayor Feinstein noted that there are issues that will not be solved this evening. Trustee Brown agreed. Mr. Flink noted that no one knows when this work was done. He stated that it would take his firm two weeks to digest the material. He will be in contact with Mr. Bradbury and with the firm of Keane and Beane. They intend to be proactive, but this review will take time. Board of Trustees Meeting October 13,2009 Page 19 Mr. Beane noted that no one is suggesting that none of the units can be sold until the new PUD plan is in place. If a unit is being sold, no one wants to hold up that sale. Mr. Bradbury noted that the Village Board has an amnesty program. If someone has a deck, patio, wall, etc. and it needs to be legalized it can go through the Village's building department. Mr. Beane noted that this issue has been going on for a long time. It is a difficult project, but there needs to be a timeline put in place. Everyone needs to work diligently towards an end. Mr. Flink stated that he would provide weekly status reports and a timeline without any dates. He stated that he would have a better handle on the project in two weeks. Mr. Beane noted that if the timeline doesn't work, an extension can be granted. Both the Village's Counsel and the Arbors' Counsel will work together. Mayor Feinstein called for members of the public wishing to address the Board. Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He stated that he watched a prior meeting of the Board of Trustees and heard a discussion about Jenna Way. He pointed out that Jenna Way is in Rye Brook. Trustee Santon stated that the Board was aware of this. Mr. Miloro asked how Mr. Larizzo was chosen to build the affordable housing units for the Village. Trustee Santon explained that he owns the lots on Ellendale Avenue and came to the Village with the concept. Mr. Miloro pointed out that there is a developer interested in putting up 18 story tower buildings on the United Hospital property in Port Chester. This could result in an increase to the enrollment in Rye Brook Schools. Mayor Feinstein stated that the Board is aware of the proposal and the possible impact it may have on the school districts. The final item Mr. Miloro discussed was a $400,000.00 grant that the Village received in order to install sidewalks on Hillcrest Avenue. In following up on this project he learned that the money was used for other projects. The children that go to Port Chester High School walk in the street because there are no sidewalks. The Village needs to install these sidewalks. Mayor Feinstein thanked Board of Trustees Meeting October 13,2009 Page 20 Mr. Miloro for his input. There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Santon, and seconded by Trustee Brown, the meeting was adjourned at 11:00 p.m. Board of Trustees Meeting October 13,2009 Page 21