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HomeMy WebLinkAbout2008-05-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 27, 2008-7:30 P.M. AGENDA 6:45 PM— Executive Session— Legal Agreements and Personnel ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Public Hearing on an application for a Special Use Permit and Site Plan approval for St. Mary's Cemetery, South Ridge and High Streets 2) Public Hearing on a proposed local law to amended Chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits RESOLUTIONS: (1) Considering an application for a Special Use Pen-nit and Site Plan approval for St. Mary's Cemetery, South Ridge and High Streets (2) Considering a proposed Local Law to amend Chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits (3) Considering Agreements with the Port Chester Library and Village of Port Chester regarding Library Services (4) Considering the submission of a Westchester County Community Development Block Grant (CDBG) program application for facility improvements at the AJP Community Center (5) Considering the submission of a Westchester Community Development Block Grant (CDBG) program application for improvements at Garibaldi Park Board of Trustees Meeting May 27,2008 Page 1 (6) Considering the removal of closed capital projects from the project length schedule (7) Considering a transfer of funds as a result of a tax settlement with the Rye Town Hilton Inn (8) Approval of Minutes ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS 1) Proposed 3-Lot Sylvan Subdivision 2) Review of Chapter 235 of the Village Code, Trees 3) Clarification of May 13 Board of Trustees referral of draft local law to the Planning Board and Zoning Board of Appeals ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: June 10, 2008 and June 24, 2008 BOARD Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P.Santon STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Secretary Board of Trustees Meeting May 27,2008 Page 2 CONVENE: Mayor Joan L. Feinstein called the May 27, 2008 Regular Meeting of the Board of Trustees to order. She called for a moment of silence for the son of former Trustee Roger Herman and former Rye Town Councilwoman Eleanor Herman who recently passed away. Mayor Feinstein noted that the first order of business was the continuation of a public hearing. PUBLIC HEARINGS: 1) PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVAL FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS Daniel Laub, Esq. gave a brief presentation on the application. He noted that the addition will add approximately 1900 casket spaces. This matter has been before the Planning Board and is currently before the Zoning Board of Appeals. Plans were revised in connection with comments received by the applicant from the Village's Planning Board, Staff, and Consultants. Mr. Laub noted that plans showing what the proposed mausoleum will look like, and landscaping plans have been submitted. As part of the discussion from the previous meeting, the applicant has followed up with the Westchester County Planning Department. Mr. Laub noted that neighboring residents expressed a concern about potential noise impacts and the echo effects. As part of the process a study was done to accurately depict the noise levels, both at pre- and post- construction stages. At the end of the study it was found that there was actually a reduction in the noise level when the building was constructed, because it actually deflected off of the building and back onto I287. Mayor Feinstein thanked Mr. Laub for his presentation, and she turned to the Board for questions and comments. Trustee Dean Santon noted that the photo simulations submitted do not have height calculations. He felt that it was important to see how tall the trees would be. He also noted that trees, when first planted, are not mature trees. Mr. Laub responded that the landscaping plan does show size of the Board of Trustees Meeting May 27,2008 Page 3 trees to be planted. He also noted that the plans now also show leaf off and leaf on conditions. Trustee Santon asked that the plans also list the type and species of each tree. Mayor Feinstein noted that it was not clear from the plans submitted which plantings would be on St. Mary's property and which plantings would be on the State's property. Trustee Paul Rosenberg noted that this building is too high and too big. No one has addressed this concern, although it has been stated before, and the building size has not been reduced. Mr. Laub noted that additional screening (Evergreens) have been requested and added to the plans, and the visual impact from Ridge Street is minimal. If the building is reduced in size the applicant would lose casket spaces. Trustee Rosenberg felt that moving back the building and scaling down the size of the building should be considered. Trustee Rosenberg stated that it is understood that there is a serious need for the additional crypt spaces but losing the 210 crypts would make the proposed building fit better on the property, would reduce the variances, and would reduce the impacts. Mayor Feinstein agreed with Trustee Rosenberg that the reduction should be considered. Mr. Laub noted that no projection has been done in connection with reducing the number of crypts because the number of spaces were created in response to a need. In the last phase, which was completed in 1996, an additional 900 crypts were constructed. They are sold out. The proposed building is the last spot on cemetery property for expansion. Mayor Feinstein asked when the 900 casket spaces from the last phase were sold out. Mr. Laub stated that was prior to the submission of the application for this phase. All of the spaces are gone, meaning that they are either already occupied or reserved. It was also noted that there are no longer ground burial plots left. This cemetery is 150 years old. The cemetery will be there forever, and it must be maintained. The cemetery averages about 250 burials per year, but there is no way of knowing how quickly the new building will sell out. Trustee Michael Brown asked what the inside of the mausoleum would look like. A rendering was presented to the Board. It was noted that the ground slopes and a portion of the proposed addition will be below grade. The average height of the roof is 29' 11". The height was reduced in connection with comments received from the Planning Board and now conforms to the Village's Code. The building is setback approx. 20' from Board of Trustees Meeting May 27,2008 Page 4 the sidewalk. The facade was also changed in response to comments from the Planning Board and neighboring property owners. Trustee Rosenberg asked if the applicant had a plan B in place if the variances were denied. Mr. Laub responded that they did not. Toni Janeczko of 35 Argyle Road in Rye Brook noted that there she and her husband were considering purchasing plots in the cemetery. She now understands that there are no plots left. Knowing that there is a need for these additional crypts, and not knowing what took place at prior meetings, she questioned why the building could not be made smaller so as to blend in with the neighborhood. The architect on the project addressed the Board. He noted that each opening holds two caskets. Setting back the building 6" means you lose 210 casket spaces. The building was designed to maximize the number of casket spaces to fulfill a need. Trustee Patricia Sanders Romano noted that this is a forever building. She also felt that a smaller building that was constructed further back from the property line would fit with the character of the community much better than what is now planned. It was noted that Ridge Street is one of the gateways into Rye Brook. Mayor Feinstein noted that there are two issues. The first is the issue of landscaping and the second is the effect on the character of the neighborhood. The Board is looking at this proposal and its effects on the entire Village. She suggested that the matter be adjourned to June 24th meeting of the Board of Trustees. She reminded the applicant's representatives that the members of the Board are concerned with the mass of the building. Mr. Laub responded that the applicant is trying to respond to the Village's concerns. He requested that the matter be adjourned to June I01h, and if additional time was needed the applicant would request an additional adjournment to the June 24th meeting. Trustee Santon noted that the Village balances land use issues and the rights of the residents to enjoy a peaceful quality of life. In this case, the applicant can build a zoning compliant structure and the impacts can be mitigated. Trustee Santon noted that he was concerned that the applicant was relying on the use of the State land for screening. No one knows if the Board of Trustees Meeting May 27,2008 Page 5 State will allow the plantings, or how long the State will allow these trees to stay. The applicant will be before the Zoning Board for a second time next week. There was an issue that there was no record of any variances being granted on the prior phase. Mr. Laub responded that the building has a Certificate of Occupancy. The applicant has researched this matter and found that there is no way to procedurally amend the application. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the public hearing was adjourned to the June IOt" meeting. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the next matter on the agenda: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMENDED CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOME OCCUPATION PERMITS Mr. Bradbury noted that there were currently inconsistencies in the Village's Code. The proposed changes correct the inconsistencies and focus on Tier II. Administration was now looking to the Board of Trustees regarding how much of a review should be required. Mayor Feinstein noted that a Tier III is a more intensive use. If the homeowner works alone, then that is a Tier I. If the homeowner has one full time employee and two part time employees that work different hours it is either a Tier II or a Tier III. She did not want to put a burden on the residents if they are truly a Tier I. However, a Tier III should be before the Board of Trustees and should have site plan review. She noted that a Tier I Home Occupation is non-intrusive. Mr. Bradbury noted that newly created Home Occupations would require a Special use Permit. He also noted that it was time for all Home Occupations Board of Trustees Meeting May 27,2008 Page 6 to re-register with the Village. Unfortunately, to-date, only eight have contacted the Village. Mr. Bradbury also noted that the number of visits to the home, along with the number of employees, decides which Tier the home occupation falls into. It is a privilege to work out of your home. The Village looks at the use and how the effects of the business affect the neighboring property owners. Property owners look for the quiet enjoyment of their home, and this is their right. In addition, the Board of Trustees must carefully review these applications to make sure that the residents applying for a Home Occupation use are not overly burdened. Mr. Bradbury felt that the community was best served by having the Board of Trustees reviewing Tier 11 and Tier III. When considering this type of an application there are some basics to be reviewed such as parking, screening, lighting, and noise impacts. Trustee Rosenberg agreed that the public's best interest is best served by a review by the Board of Trustees. The Board of Trustees can determine whether or not an application would need to go through the Site Plan approval process. Trustee Brown noted that he liked the face-to-face where an applicant comes before the Board and says for the record this is what I am planning on doing. If, at a later date, it is discovered that what the applicant said on the record and what is really going on are not the same, then the Village can step in. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that there is a balancing act here too. Coming in and filling out a basic application will educate the Village as to the planned use. The amount of deliveries can affect the quality of life of the neighboring residents, and can change the Tier. When the use is changed the Code Enforcement Officer has something that is enforceable. Mayor Feinstein noted that June 15th the permits start. Home Occupations need to be re-registered by that date and residents should contact the Building Department. Trustee Sanders Romano suggested that the Board of Trustees take a step back and develop a procedure. Trustee Santon felt that the Board of Trustees should look to the staff for recommendations. There is a lot going on in that residents that have permits may have changed the nature of the Board of Trustees Meeting May 27,2008 Page 7 business and, therefore, the applications are re-assessed annually. Residents that have been granted permits may lose these permits if they do not register annually. A lot of outreach was done to make sure that the residents were aware of the conditions and laws surrounding Home Occupation uses. Having the benefit of working from your home brings with it obligations that need to be met. Mr. Bradbury requested clarification as to next steps. He pointed out that one of the difficulties in the Code is that it cross references with another section of the Code. The Code requires clarification. Toni Janeczko of 35 Argyle Road addressed the Board. She stated that Home Occupations do have impacts on the neighboring properties. One of her neighbors runs an exercise business from her home six days a week. One of the impacts is the parking. Another has to do with noise — car engines, alarms, doors slamming. There is also a dog walking business run out of another home in the area. There are many problems with this business. The main problem is a result of the constant dog barking which means that the surrounding homeowners must keep their windows closed to mitigate the noise. The permits are put in place as a way to protect the residents. Annual renewal mitigates changes that have occurred in the course of the year. Trustee Santon noted that Saturday hours are not allowed unless granted by the Village Board. He pointed out that this is simply another instance where the Village's Code is being ignored. The effects on neighboring property owners can be clearly seen. He felt that it was time to enforce the Code. Mr. Bradbury noted that sometimes the Village doesn't know about these businesses unless a neighbor complains. Residents are asked to contact the Village about issues of concern to them. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that there is a great difference between a Tier II and a Tier III. Perhaps many of the Home Occupations fall between these two levels and people are not sure of their responsibilities. She stated that perhaps it was time to review this portion of the Code and make changes that would clarify issues for both the Village and the residents. Edward Beane, Esq., Village attorney, noted that in his professional opinion Tier II should come before the Board of Trustees for approval. More applications will be submitted if more Tier II Home Occupations are required to be heard by the Board of Trustees. Mayor Feinstein agreed. Board of Trustees Meeting May 27,2008 Page 8 She noted that the Tier categories must be reviewed. The most arduous part of a Tier III is the amount of visits per hour. These people can have 12 to 36 customers per day. The Board also discussed further limiting the hours per day that a Home Occupation could be run and cutting back on the number of visits. Mayor Feinstein called for a motion to adjourn the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was adjourned to July 8th Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for Resolution #3: 3) CONSIDERING AGREEMENTS WITH THE PORT CHESTER LIBRARY AND VILLAGE OF PORT CHESTER REGARDING LIBRARY SERVICES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVAL OF VARIOUS AGREEMENTS REGARDING THE PORT CHESTER PUBLIC LIBRARY WHEREAS, representatives of the Village of Rye Brook, the Village of Port Chester, and the Port Chester Public Library have been working cooperatively to establish a long-term agreement for library services; and WHEREAS, a subcommittee has worked with each party's respective counsel to draft an Inter-municipal agreement ("IMA") to be Board of Trustees Meeting May 27,2008 Page 9 considered by all three parties, as well as New York State charter amendments ("Charter Amendments") and revised By-Laws (`By-laws") for the Port Chester Library; and WHEREAS, this IMA includes items such as the establishment of an inter-municipal council, a name change to the Port Chester-Rye Brook Public Library, an increase in Rye Brook's municipal share of operating payments from 30% to 35%, a schedule for capital improvement payments, and certain other terms and conditions; and WHEREAS, the name change and many of the financial items in this five (5) year IMA are contingent upon approval by New York State of certain amendments in the charter for the Port Chester Public Library. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the IMA with the Village of Port Chester and the Port Chester Public Library for library services; and be it further RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the Charter Amendments for the Port Chester Public Library and directs them to be presented to NYS Assemblyman George Latimer and NYS Senator Suzi Oppenheimer for introduction to the New York State Legislature, and hereby endorses any corresponding home rule legislation that may be necessary; and be it further RESOLVED, that the Village of Rye Brook Board of Trustees hereby agrees to the associated modifications to the By-laws of the Port Chester Public Library; and be it further RESOLVED, that the Mayor is hereby authorized to execute the IMA, subject to any non-substantive language changes that may arise; and be it further RESOLVED, that the Mayor is hereby authorized to endorse the Charter Amendments and By-Laws, subject to any non-substantive language changes that may arise. Trustee Rosenberg noted that Mayor Feinstein and Mr. Beane have put in many hours to make this happen, and he thanked them for their hard work. He noted that this issue has been around for quite sometime and it was nice Board of Trustees Meeting May 27,2008 Page 10 to have an amicable resolution. He requested a minor change in the resolution. Mayor Feinstein noted that with a lot of perseverance this change has been achieved. There are now two communities that are working in concert to ensure that the library runs smoothly and that all repairs are completed. This change has been a long time coming, and this is the first step. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR FACILITY IMPROVEMENTS AT THE AJP COMMUNITY CENTER Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR FACILITY IMPROVEMENTS AT THE AJP COMMUNITY CENTER WHEREAS, the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant (CDBG) program; and WHEREAS, the CDBG Program has been successful in Westchester County by providing assistance to municipalities; and Board of Trustees Meeting May 27,2008 Page 11 WHEREAS, the Village of Rye Brook is interested in facility improvements at the AJP Community Center; and WHEREAS, on May 27, 2008 the Board of Trustees conducted a public meeting at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said applications. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the application to the Westchester County CDBG Program for funding assistance in providing facility improvements to the AJP Community Center; and be it FURTHER RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit the application for funding to the Westchester County CDBG Program in the amount of $148,181.25 for the above described purpose with a Rye Brook contribution of $49,393.75 for a total proposed project cost of$197,575.00. Mr. Bradbury noted that the repairs are needed repairs such as a new roof, replacement windows, etc. The Grant helps the Village to afford the required repairs. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting May 27,2008 Page 12 5) CONSIDERING THE SUBMISSION OF A WESTCHESTER COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR IMPROVEMENTS AT GARIBALDI PARK Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR THE FACILITY IMPROVEMENTS AT GARIBALDI PARK WHEREAS, the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant (CDBG) program; and WHEREAS, the CDBG Program has been successful in Westchester County by providing assistance to municipalities; and WHEREAS, the Village of Rye Brook is interested in improvements at Garibaldi Park; and WHEREAS, on May 27, 2008 the Board of Trustees conducted a public meeting at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said applications. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the application to the Westchester County CDBG Program for funding assistance in providing improvements at Garibaldi Park; and be it FURTHER RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit the application for funding to the Westchester County CDBG Program in the amount of $57,000 for the above described purpose with a Rye Brook contribution of$19,000 for a total proposed project cost of$76,000. Board of Trustees Meeting May 27,2008 Page 13 Mr. Bradbury noted that this resolution referred to major renovations that would take many months to accomplish. There are many steps that must be taken before the Village is awarded any funds. This is a very worthwhile program. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING THE REMOVAL OF CLOSED CAPITAL PROJECTS FROM THE PROJECT LENGTH SCHEDULE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE REMOVAL OF CLOSED CAPITAL PROJECTS FROM THE PROJECT LENGTH SCHEDULE RESOLVED, that the following closed capital projects as of 5/31/07 be removed from the project length schedule. FUNDING PROJECT AUTHORIZATION AMOUNT EXPENDED BAN Fire Rescue Pumper $303,000 $303,000 GOA Upgrade AS400 Computer 75,000 27,416 System GOA Fingerprint Card Scan System 29,000 27,250 GOA Parks Garage Fire Bays 12,000 8,893 Conversion GOA Resurface Garibaldi 12,000 12,000 Tennis Courts GOA Pine Ridge Bathroom Facilities 150,000 53,044 Board of Trustees Meeting May 27,2008 Page 14 GOA Police Vehicles 52,000 46,266 GOA Leaf Loader Vacuum Truck 35,000 34,156 GOA Portable Police Radios 13,600 13,600 GOA John Deer 935 Mower 20,000 13,981 GOA Harkness Park Fencing 30,000 14,000 GOA Replace 1992 Ford Dump Truck 125,000 120,985 GOA Resurface Pine Ridge Tennis 15,000 15,000 Courts AND BE IT FURTHER RESOLVED, that all unexpended general fund monies be reallocated to fund balance. Mr. Bradbury noted that many of these capital projects are many years old and need to be closed out. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING A TRANSFER OF FUNDS AS A RESULT OF A TAX SETTLEMENT WITH THE RYE TOWN HILTON INN RESOLUTION CONSIDERING A TRANSFER OF FUNDS AS A RESULT OF A TAX SETTLEMENT WITH THE RYE TOWN HILTON INN WHEREAS, the Town of Rye is considering a Stipulation of Settlement for assessment roll years 2004-2007 with the Rye Town Hilton Board of Trustees Meeting May 27,2008 Page 15 Inn, 699 Westchester Avenue, Rye Brook, New York, which will establish new assessments for each of these years; and WHEREAS, this settlement will result in a refund of Village taxes for assessment roll years 2004-2006 in an amount estimated to be $152,454. NOW, THEREFORE, BE IT RESOLVED, that the Administrator and Treasurer are authorized to transfer the necessary funds from General Fund Balance to the Judgment and Claims Account (1930.439), and to pay any such refunds which are estimated to total $152,454, as a result of the Town of Rye's Stipulation of Settlement with the Rye Town Hilton Inn; and be it further RESOLVED, that this transfer is subject to approval of the Stipulation of Settlement by the Town Board of the Town of Rye. Mr. Bradbury gave a brief explanation of this issue. It was noted that this settlement was between the Town of Rye and the Hilton. Trustee Rosenberg clarified that this resolution refunds funds to the Hilton because the Town of Rye did not have the coifect assessment in place over the past few years. He felt that the taxing authority was incorrect in the amount of taxes being assessed and when challenged a reduction resulted. Trustee Rosenberg noted that the Port Chester School District takes a hit when these types of refunds and settlements are incurred. Mayor Feinstein pointed out that the assessment wasn't that far off. Trustee Brown noted that the assessor often receives only limited records and it is not until the assessment was challenged, and through litigation that the assessor was entitled to review all of the Hiltons records that it was able to formulate an accurate assessment and the applicant was awarded a refund. Trustee Santon noted that the roll of the assessor is to assess property. Commercial entities fight tax assessments to generate money. This is not the first time that the Hilton has filed a tax cert. Trustee Rosenberg noted that many taxpayers are struggling and refunds such as this add to that struggle. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Board of Trustees Meeting May 27,2008 Page 16 Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Nay Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 8) APPROVAL OF MINUTES —MARCH 26, 2008. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the minutes were approved as submitted. Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Absented Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report: ADMINISTRATOR'S REPORT Mr. Bradbury reminded everyone that June 14th — from 12:00 to 4:00 p.m. — Rye Brook would be celebrating its Birthday at Crawford Park. Everyone is invited and notices are being published in the local newspapers. A mailing to residents will also take place. He also noted that June 20th is movie night outdoors at Crawford Park. The feature film will be Alvin and the Chipmunks. Mayor Feinstein moved to the Discussion portion of the meeting: DISCUSSION ITEMS 1) PROPOSED 3-LOT SYLVAN SUBDIVISION Board of Trustees Meeting May 27,2008 Page 17 Trustee Santon was called upon for a brief presentation on this matter. He noted that this application has been before the Village of Port Chester's Planning Commission. There are parcels of land on Sylvan Road that they are proposing to subdivide into three building lots. This land is marginal and is now proposed to be developed. After having reviewed the plans, Trustee Santon noted that he found several issues troubling. The first issue is that a sliver of this parcel is located in Rye Brook and one of the proposed sites is being marketed with a Rye Brook address. He felt that because of this Rye Brook should be involved. In addition, the applicant is looking for a driveway curb cut to Rye Brook's Sylvan Road. Other issues include the potential impacts to the residents of Candy Lane and Argyle Road. The applicant is advertising a house for sale with an address of I1 Sylvan Road in Rye Brook, however only the Director of Public Works can give out a house number and Mr. Carosi has not done so. There were other parcels owned by the applicant that gave a means of egress onto Haines Boulevard. The applicant sold off these parcels and is now looking for access onto Sylvan Road. Mayor Feinstein noted that the Village knew about this application, but not in the form that has now been submitted. There are residents in Rye Brook whose property abut this property, and they will be affected by this subdivision. She noted that she is not familiar with the plans but feels that the Village should review the landscaping and screening that will be provided. There should also be mitigation regarding storm water management to protect the residents of Candy Lane and Argyle Road. The curb cut should be reviewed by the Village, as well as the current retaining wall. Another area to be reviewed is which municipality will provide municipal services to these homes. Rye Brook wants to protect its residents. Mr. Beane noted that his office was aware of this application and the issues. The Village of Port Chester Planning Commission has been holding public hearings on this matter. Trustee Santon felt that Rye Brook should share its thoughts with the Port Chester Planning Commission. Trustee Santon asked that the Village make it very clear as to who hands out house numbers. He was surprised to see that someone's back yard has now become a building parcel. He stated that he would make his comments on this matter a public document so that the residents of Rye Brook can view them. Board of Trustees Meeting May 27,2008 Page 18 Mr. Bradbury noted that no official Rye Brook comments have been made in writing on this project. Village Counsel and the Building Department must review the plans first. He stated that he would obtain information on the current plans to be presented to Director of Public Works, and Village Counsel. The additional information that will be requested from the Village of Port Chester will include landscaping plans, municipal services, and mitigation. Mayor Feinstein called for the second matter to be discussed: 2) REVIEW OF CHAPTER 235 OF THE VILLAGE CODE, TREES Trustee Santon noted that this is an important portion of the Village's Code. He noted that there is an obligation to replant trees that are to be removed. He asked that the Village review the conditions placed in the Code as he felt that this section of the Code was not being adhered to. He noted that just because someone is entitled to talce down trees for construction, does not mean that they should not be required to replant the trees elsewhere on the property. The bottom line is to save the trees. He asked the that Building Inspector, Director of Public Works, and staff, support the Boards that sit in judgment of applications that involve tree removal and that they ensure that the Code is protected and upheld. Mr. Bradbury noted that he would see to it that the Boards within the Village are informed and that there would be a review of this section of the Village's Code. Mayor Feinstein called for the final discussion item: 3) CLARIFICATION OF MAY 13 BOARD OF TRUSTEES REFERRAL OF DRAFT LOCAL LAW TO THE PLANNING BOARD AND ZONING BOARD OF APPEALS Trustee Santon noted that a referral has been made and a meeting has now been set for June 9th with the chairs of the Zoning Board and Planning Board, Village Staff, and the liaisons to the Boards. However, it was his Board of Trustees Meeting May 27,2008 Page 19 opinion that each Board should separately review this matter before getting together and forming a sub-committee. He also noted that as a liaison to the Zoning Board of Appeals he was not certain what his roll should be at this meeting. Mayor Feinstein noted that this matter was on the Planning Board's agenda and it was extensively discussed. The June 9th meeting has been scheduled for a date after the next Zoning Board of Appeals next meeting to allow for discussion by that Board. The meeting with the two Chairmen and the liaisons from the Board of Trustees would be an opportunity to review and discuss the recommendations made by both Boards. Trustee Santon noted that there are seven members of the Planning Board, five members of the Zoning Board of Appeals, and five members of the Board of Trustees and he felt that everyone should be involved. Trustee Rosenberg noted that Village's goal is to keep these types of issue out in the open. This matter was referred to the two Boards and their meetings are televised. He noted that he preferred that the sub-committee meeting be a public meeting. This matter will be addressed at the June 3rd Zoning Board of Appeals meeting. Trustee Sanders Romano agreed that the meetings on this matter should be public meetings. Mayor Feinstein noted that the input will come from both Boards, both before and after their regular meetings. When it is referred back to the Board of Trustees there will be additional dialogue. Mayor Feinstein opened the floor to members of the public wishing to address the Board of Trustees. There being no one, she noted that the next Board of Trustee Meetings were scheduled for June 10th and June 24tH Mayor Feinstein stated that the Board of Trustees would hold an Executive Session immediately following the meeting. She called for a motion to adjourn to an Executive Session. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the regular meeting of the Board of Trustees was adjourned at 10:30 p.m. and the Board went into an Executive Session. Board of Trustees Meeting May 27,2008 Page 20