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HomeMy WebLinkAbout2008-09-09 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 9, 2008-7:30 P.M. AGENDA 7:00 PM— Executive Session— Personnel Employment Agreements ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: (1) Public Hearing to consider an application for a Special Use permit and site plan approvals for St. Mary's Cemetery, South Ridge and High Streets (2) Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road (3) Public Hearing to consider an application by Win Ridge Realty, LLC for a proposed site plan amendment for a change in use to the Rye Ridge Theatre Premise (4) Public Hearing to consider a proposed local law regarding portable storage units (5) Public Hearing to consider a proposed local law regarding Certificate of Occupancy fees RESOLUTIONS: (1) Considering an application for a Special Use permit and site plan approval for St. Mary's Cemetery, South Ridge and High Street (2) Considering a proposed local law regarding portable storage units (3) Considering a proposed amendment to Chapter 100 of the Village of Rye Brook Village Code regarding Certificate of Occupancy fees (4) Considering an agreement with the Town of Harrison for use of their department pistol range (5) Considering the use of Village Streets for the Friends of Crawford Park 5K race (6) Approval of Minutes: June 10, 2008; June 24, 2008; July 8, 2008; July 22, 2008 ADMINISTRATOR'S REPORT OLD BUSINESS: (1) Update on leaf blower restrictions NEW BUSINESS: DISCUSSION ITEMS: (1) Various proposed modifications of the Village Code (2) Proposed Meadowlark/Edgewood detention basin and Meadowlark area storm water drainage issues (3) Status of Arbors PUD compliance matters ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT BOARD OF TRUSTEES MEETINGS September 23 and October 14, 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 Marilyn Timpone-Mohamed, Village Consultant Robert Bertolacci, Recreation Superintendent Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Secretary CONVENE: Mayor Joan L. Feinstein called the September 9, 2008 Regular Meeting of the Board of Trustees to order. Mayor Feinstein made a statement regarding this past weekend's storm and how she had the opportunity to see what went on during an emergency in the Village. She attended an emergency preparedness meeting which included the Police Chief, Lt. Matthews, Village Administrator, Administrator's Assistant, Fire Chief and Scott Moore from the Ambulance Corp. Much information was discussed during those meetings and it continued through the weekend with updates from the County. When it was realized that Saturday night was going to be especially bad the Emergency Operations Committee was convened on Saturday and it was amazing to see how the Village staff responded to the emergency situation. The residents don't get to see this in action and it also gave the Village insight into where the hot spots are in the Village and to better prepare for the future. On behalf of the Board of Trustees she thanked everyone on that committee for their time and effort. Mayor Feinstein noticed State Assemblyman George Latimer. He addressed the Board and advised the public that once again star rebate checks would be forthcoming in October. Rye Brook Residents who are on Enhanced Star will receive $959.00 if they live in the Blind Brook School District and $853.00 if they live in the Port Chester School District. This is a direct payment intended to reduce the impact of school taxes for the residents. Assemblyman Latimer advised that the rebate checks will begin mailing the week of October 20th. Assemblyman Latimer appreciated the Board allowing him to speak early and out of turn and thanked them for their time. Mayor Feinstein thanked Mr. Latimer as well for all his hard work ann diligence on behalf of the residents of Rye Brook. Mayor Feinstein called for the first item on the agenda: PUBLIC HEARINGS: 1. Public Hearing to consider an application for a Special Use permit and site plan approvals for St. Mary's Cemetery, South Ridge and High Streets Mr. Anthony Gioffre, Attorney for the applicant, addressed the Board and noted that the only remaining issue was in regard to the landscape plan and that has been resolved and submitted. Mr. Gioffre respectfully requested that unless the Board had any questions that the Public Hearing be closed. Trustee Brown asked about the plantings in regard to the Thruway Authority property and Mr. Gioffre explained that the difference is if the landscaping on that property is not touched, the picture depicted is what will be there in 5 years time. Trustee Santon asked about why there are two proposals for landscaping at which Mr. Gioffre explained that he submitted what was requested as the approval will be conditioned on sheet 5A — the same landscaping with the use of the thruway authority property. Trustee Santon asked what happens if the approval from the Thruway Authority does not come and Mayor Feinstein responded that the applicant would have to some back before this Board. Mr. Beane, Village Attorney, explained that if the approval is not obtained, the resolution is written that the applicant will have to come back before this Board and start back at the beginning. The applicant needs to get the approval of the Thruway Authority and that is how the resolution is written and he asked the applicant if they could start the process as quickly as possible. The applicant responded, pending approval tonight, it will happen immediately. Mr. Bradbury added that there were two changes added by the Village Consultant and asked her to review those. Mrs. Timpone-Mohamed explained that in her opinion there were two small changes needed, one being the species of azalea that is not winter hardy in the northeast and she asked them to provide one that is and also that they be 2-3 feet in height. Also, the dogwood proposed is the same caliper as the shade trees and she thinks they should be slightly smaller to 3 inch caliper at which the applicant had no objection. Mayor Feinstein called for a motion to close the public hearing and on a motion made by Trustee Sanders Romano and seconded by Trustee Brown, 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 Resolution #1 (1) Considering an application for a Special Use permit and site plan approval for St. Mary's Cemetery, South Ridge and High Street Mr. Bradbury read the following resolution: September 9, 2008 1 RESOLUTION CONSIDERING AN APPLICATIONS FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVALS FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS WHEREAS, the Church of Our Lady of Mercy is the owner of a property operated as a cemetery that is located at 319 South Ridge Street, north of High Street in the R2-F Zoning District and has made an application to the Village of Rye Brook, pursuant to Sections 209-1 and 250-6(H)(1) of the Village Code, requesting approval of a Site Plan and Special Use Permit for construction of Phase 4 of the mausoleum situated on the subject property located in Section 1, Block 28, Lot 1 (A.K.A. 1-28A-WHOLE and A.K.A. 1-28-14 & 15) on the Town of Rye Tax Maps; and WHEREAS, the Board of Trustees of the Village of Rye Brook declared itself Lead Agency for review of the subject applications on October 28, 2003 in accordance with the State Environmental Quality Review Act (SEQRA), determining the proposed action to be an Unlisted Action; and WHEREAS, the Board of Trustees, acting as lead agency, has determined that the proposed action will not have any adverse environmental impacts upon the environment and has adopted a negative declaration thereby ending the SEQRA review; and WHEREAS, on October 28, 2003 the Board of Trustees of the Village of Rye Brook referred the application for site plan approval to the Village Planning Board and the Village Planning Consultant, the Westchester County Department of Planning, the Town/Village of Harrison, the Village of Port Chester, the City of Rye, and the New York State Thruway Authority for reports and recommendations; and WHEREAS, on February 27, 2007 the Board of Trustees of the Village of Rye Brook referred the application for a Special Use Permit to the Village Planning Board; and WHEREAS, the Planning Board held numerous meetings on the subject applications allowing the public to speak; and WHEREAS, on February 28, 2008 the Planning Board referred the applications back to the Board of Trustees for approval with modifications and suggestions; and WHEREAS, the proposed project required two variances from the Zoning Code of the Village of Rye Brook; and WHEREAS, on April 11, May 6, June 3, and July 1, 2008 the Zoning Board of Appeals ("ZBA") of the Village of Rye Brook held a duly advertised public hearing regarding the two requested variances; and WHEREAS, after the applicant submitted a modified site plan to address the concerns of the ZBA, the ZBA granted a 3 foot 8 inch front yard setback variance and a 0.132 height/setback ratio variance at its July 1, 2008 meeting; and WHEREAS, the Board of Trustees opened the public hearing on April 29, 2008 on the subject applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said applications and the public hearing was adjourned to May 27, 2008; and WHEREAS, the Board of Trustees continued the public hearing on May 27, 2008, June 10, 2008, July 8, 2008, August 12, 2008 and September 9 at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said applications and the public hearing was closed on September 9, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves a Special Use Permit and the Site Plan for construction of Phase 4 of the mausoleum situated on the subject property adjacent to South Ridge Street subject to the following conditions: 1. Approval of the landscape plan shown on Sheet 5A (as opposed to Sheet 5), which includes installation of plantings in the open area belonging to the Thruway Authority previously used as part of the spoils yard because it provides additional screening capability. 2. Approval of the Site Plan and Special Use Permit should be conditioned by the granting of a work permit from the Thruway Authority. 3. Approval of the Site Plan and Special Use Permit should be conditioned by the granting of an administrative steep slopes work permit by the Village Engineer. 4. The issuance of the Building Permit should be conditioned on the Approval by the Westchester County Department of Health for the continued use of a septic system at the property. 5. The issuance of the Building Permit should be conditioned on the revision of the Construction Management Plan to the satisfaction of the Village Engineer. 6. The issuance of the Building Permit should be conditioned on the revision of Sheets 5 and 5A to the satisfaction of the Village Planning Consultant to replace the demonstrated Azaleas with a species of Rhododendron that is winter hardy in the northeast and which are 2.5 to 3 feet in height. 7. The issuance of the Building Permit should be conditioned on the revision of Sheet 5A to the satisfaction of the Village Planning Consultant to provide that the newly planted Kousa Dogwoods will be 3 to 3.5-inch caliper in size to maintain the relative heights of shade and under story trees as they will be at maturity. A motion was made by Trustee Brown, and seconded by Trustee Sanders Romano. Trustee Rosenberg and Trustee Sanders Romano both thanked the applicant for their patience, cooperation and hard work. Mr. Carosi asked to note the date of the approved plans because there have been so many revisions and the date of 8/15/2008 was confirmed. Trustee Santon asked why all the plans are not referenced or listed and also believes this board should be more affirmative in denying landscape plan number 5 because it could potentially be confusing. In addition he asked about the azaleas discussed at which Mrs. Timpone-Mohamed responded that the specification of the azalea is a species used on the west coast — it is shown badly on the plan— it looks like a tree but it is a shrub. Trustee Santon added that it looks like a tree on the visual rendering. He is confused as to why we would replace trees with shrubs. Mrs. Mohamed explained that the intent was there for shrubs and it appears as if only trees were depicted in the rendering but she would have to review the plan to be certain. Mayor Feinstein asked for a clarification from Mrs. Timpone-Mohamed that what is proposed provides the screening this Board was looking for at which Mrs. Mohamed responded that the plan that she reviewed was a plan meant to screen at three levels. She does not know and can't judge if this photo simulation accurately depicts the plan but it is her opinion that it will provide the adequate screening this Board is looking for. There was further discussion regarding the types of trees being proposed and Trustee Santon does not believe it will achieve the screening the Board sees on the photo simulation. Mrs. Timpone-Mohamed stated that the plan shows layers of materials and the rendering can't show that. The shrubs are in front of the trees at the lowest level and it will provide a layering of screening. If the Board wants to keep the azaleas that are shown on the rendering, they can do that, but it will not give the layering affect this Board is looking for. Trustee Santon wants the resolution amended to show a list of all the documents submitted and wants sheet number 5 removed and to only show 5A. Mayor Feinstein called for a motion to amend the resolution and 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 Nay Mayor Joan L. Feinstein Voting Aye Mayor Feinstein thanked the applicant for their cooperation and looks forward to the final outcome. Mr. Gioffre also thanked the Board and the Village staff for their hard work and cooperation. Mayor Feinstein called for the next item on the agenda: (2) Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road Mayor Feinstein explained that the applicant has asked for adjournment to October 28th and noted that the adjournment time extends the stipulation time. Mayor Feinstein called for a motion to adjourn the public hearing. A motion was made by Trustee Rosenberg and seconded by Trustee Sanders Romano Trustee Santon asked about giving the public the opportunity to talk if they came here tonight to speak. Mr. Frank Denicola, 29 Willow Run, Greenwich, Connecticut, addressed the Board. Mr. Denicola is the operator of Frank's Franks, the lunch truck that is currently parked at the intersection of King Street and Anderson Hill Road and is actually in Greenwich, Connecticut. Mr. Denicola explained that he has owned and operated the truck for 17 years and has strived to keep it clean and beautiful and has also asked for feed back to make it better. He is here out of concern because he has a wife and two kids as well as employees. After reading comments from Mr. Nick Lyras, Doral Greens Homeowners Association President, about hoping to be rid of Frank's Franks, he and his children made a petition of the people who stop by the truck. Many of the signers are Rye Brook residents who were shocked at the thought of them having to leave. He has received a notice to vacate being told it was this Village that wanted them gone. He noted all his customers, which included Senator Charles Schumer, all surrounding police and fire departments, taxi drivers and many employees of the local colleges. He is a resident of King Merritt Estates who is directly affected by some of the projects that have been put in such as Doral Arrowed in regard to flooding but has remained patient. Mayor Feinstein explained that this Village does not have jurisdiction of his property and while Mr. Lyras made a comment at a public hearing — this board never made a statement that the resolution would be conditioned that way. Mr. Santon stated that the only question this board asked is what the plans were for Frank's Franks and that the reality is that where the truck is parked is on private property which happens to be in Greenwich so this board assumed that whomever gave you the right to be there is the property owner. Most people will agree that you are an amenity that provides a convenient place for food but it is not this board's position to make a decision one way or another. Mr. Denicola responded that Mr. Wagner insinuated that he was not the one who wanted him out. For the record — he wanted it noted that he believes Kingswood homes are a much better option than a hotel for that property. Mr. Rosenberg responded that his comments at the last meeting were based on Kingswood wanting to be a gated community and he doesn't want the gate there. He asked what would happen to Frank's Franks — since he knows that Kingswood wants to create an allure with the gates. He sees the crowds there including the police who are here in support of Mr. Denicola. Mayor Feinstein called for a motion to adjourn the public hearing to October 14th instead of October 28th. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, 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 the next matter on the agenda: (3) Public Hearing to consider an application by Win Ridge Realty, LLC for a proposed site plan amendment for a change in use to the Rye Ridge Theatre Premise Mayor Feinstein noted that this applicant has also asked for an adjournment to September 23, 2008 and asked for a motion on the adjournment. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the Public Hearing was adjourned to September 23, 2008. 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 the next matter on the agenda: (4) Public Hearing to consider a proposed local law regarding portable storage units Mayor Feinstein called for a motion to re-open the Public Hearing and on a motion made by Trustee Santon and seconded by Trustee Sanders Romano, 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 Trustee Santon asked how this Board was addressing the larger units for instance a trailer 20 feet in length that was being used for storage purposes and asked Mr. Beane if those will be caught by this because in his opinion, it seems one dimensional. Mr. Beane responded that it was meant to be one dimensional and this does not included construction trailers. Further discussion about the wording of the resolution and making sure that temporary storage is meant to be temporary in nature and putting a limit on the amount of time they can be kept on the property. The definition is broad enough and the size should not be limited. The genesis was to keep the containers that people use for permanent storage out of the neighborhoods. Mayor Feinstein questioned if there would be a fee associated and she believes there should not be. Mr. Bradbury disagrees — the temporary pods are not assessed a fee but for longer projects these units need to be monitored and he believes should not be treated any differently from other projects where fees are attached. Mayor Feinstein believes that there are enough fees involved already when applicants are remodeling and is concerned that multiple fees will ultimately hurt the residents. Mayor Feinstein called for a motion to close the Public Hearing and on a motion made by Trustee Rosenberg and seconded by Trustee Santon, 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 #2 (2) Considering a proposed local law regarding portable storage units Mr. Bradbury read the resolution: September 9, 2008 2 RESOLUTION CONSIDERING A PROPOSED LOCAL LAW REGARDING PORTABLE STOREAGE UNITS WHEREAS, the Board of Trustees is considering a local law regarding the use of Portable Storage Units; and WHEREAS, on September 9, 2008 the Board of Trustees opened a public hearing on the subject Local Law, 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 September 9, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law regarding Portable Storage Units. On a motion made by Trustee Rosenberg and seconded by Trustee Santon, 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 Mayor Feinstein called for the next matter on the agenda: 5) Public Hearing to consider a proposed local law regarding Certificate of Occupancy fees Mayor Feinstein called for a motion to open the Public Hearing and a motion was made by Trustee Rosenberg and seconded by Trustee Sanders Romano. Mr. Bradbury gave a brief explanation of the proposed local law after which followed a brief discussion regarding the wording. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the Public Hearing was closed. 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 a proposed amendment to Chapter 100 of the Village of Rye Brook Village Code regarding Certificate of Occupancy fees Mr. Bradbury read the resolution: September 9, 20083 RESOLUTION CONSIDERING A PROPOSED AMENDMENT TO CHAPTER 100 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING CERTIFICATE OF OCCUPANCY FEES WHEREAS, the Board of Trustees is considering amendments to Chapter 100 of the Code of the Village of Rye Brook concerning Certificates of Occupancy ; and WHEREAS, the amendments are to update the chapter based on the new License and Fee Schedule; and WHEREAS, on September 9, 2008 the Board of Trustees opened a public hearing on the subject Local Law, 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 September 9, 2008 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 100 of the Code as proposed concerning Certificates of Occupancy. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke was called upon to call 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 RESOLUTIONS (4) Considering an agreement with the Town of Harrison for use of their department pistol range Mr. Bradbury read the resolution: September 9, 20084 RESOLUTION CONSIDERING AN AGREEMENT WITH THE TOWN OF HARRISON FOR USE OF THEIR DEPARTMENT PISTOL RANGE WHEREAS, the Rye Brook Police Department desires to use the Town of Harrison Police Department Pistol Range. WHEREAS, the Town of Harrison and Village of Harrison require from any municipality requesting use of its Pistol Range proper insurance naming the Town of Harrison and Village of Harrison as additional insured and a fully executed indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison; NOW THEREFORE BE IT RESOLVED that an Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison be executed, and be it further RESOLVED, that the Village Board of Trustees of the Village of Rye Brook authorize the Mayor to execute the attached Indemnification Agreement, and to deliver same to the Town Attorney of the Town of Harrison, and be it further RESOLVED that a copy of this Resolution be forwarded to the Town Attorney of the Town of Harrison with a fully executed copy of the Indemnification Agreement. Mayor Feinstein called for a motion and a motion was made by Trustee Brown and seconded by Trustee Sanders Romano There was brief discussion regarding the working of the resolution after which Mr. Burke was asked to call 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 (5) Considering the use of Village Streets for the Friends of Crawford Park 5K race Mr. Bradbury read the resolution: September 9, 20085 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 19, 2008, as requested in an email by Laura Klein dated August 14, 2008; 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. Mayor Feinstein called for a motion and on a motion made by Trustee Sanders Romano and seconded by Trustee Brown, Mr. 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) Approval of Minutes: June 10, 2008; June 24, 2008; July 8, 2008; July 22, 2008 As Trustee Santon has not yet read the minutes Mayor Feinstein moved this item to the meeting of September 23rd and stressed that she would like them to be approved at that time as she would like to keep the minutes current. ADMINISTRATOR'S REPORT Mr. Bradbury made note of the Blood Drive being hosted by the Rye Brook Police Department and the Rye Brook Seniors at AJP on Friday, September 12th and urged everyone to come out and support them. FEMA has approved the Hazard Mitigation Grant for Eagles Bluff. There is a lot of paper work involved and he is hoping to have it on the next agenda. Halloween is around the corner and Chief Austin will be sending letters to the schools as in previous years. Halloween is on a Friday night this year and the parks will be closed at dusk as to prevent people from congregating in the parks. Coyotes are becoming a more frequent concern in the Village as we received calls regularly. The State has information for the public as well as Rye Brook having posted information on our web site to educate residents. The main objective is to avoid having the coyotes become comfortable around people believing that if they stay afraid, they will stay distant. Mayor Feinstein added that this summer they have been seen a lot of the coyotes especially around the Rock Ridge and Country Ridge Drive areas. Mayor Feinstein asked if someone were to have what they believe to be a sick coyote on their property or in the area, can the police take action. Mr. Bradbury responded that if they are seen the Village will take no action, but if they are sick, he urged the public to call the Police who will in turn contact a trapper. He explained that small pets can be in harms way and the residents should be aware of that. They have a natural fear of people but there has been times where they have attacked but it is very rare. The state wants the coyote sightings reported and there is a link on our website for the residents. Marcia Rogull, Talcott Woods resident, addressed the Board and has a concern that we are seeing the Coyote's on a constant basis now — two at a time at times. There are small children and they are believed to be coming from Crawford Park. They do go after children and a pet was killed in Rye. It is not occasional anymore. Mr. Bradbury responded that you cannot trap them; they are natural to the area. Mrs. Rogull believes this is becoming a serious problem and believes the Village should intervene. They are coming out in daylight and they do not seem afraid of humans. We are looking for a resolution and believes it is becoming a safety issue. She spoke to George Latimer and he agreed it should be looked into. A trapper would know what to look for and where to look for them. Mayor Feinstein agrees there have been multiple sightings this year. Mr. Bradbury responded that he is not saying there is not a concern, but the residents need to be educated. You cannot trap because it would have to be constant. Trustee Santon has not seen them but asked if the Village decided to provide this service, the Village can't have people going on to private property to trap wildlife. What would stop Talcott from hiring their own trapper. Mrs. Rogull responded that everything seems to be coming from Crawford. Mayor Feinstein thinks maybe we could talk to the Town of Rye again and convince them to hire a trapper at Crawford Park. Mr. Bradbury said again that the key is educating people — you could trap one or two but you are not getting to the root of the problem, you cannot get them all. Mrs. Rogull believes something needs to be done and we need to protect the children. Trustee Brown stated that trapping is not helpful. He does not believe trapping will solve the problem especially if they are reproducing. Trustee Rosenberg agrees that education is important...they are finding some source of food probably from garbage pails. We cannot go onto private property but we can look at public property — maybe we can look for dens in Rich Manor Park and Rye Hills Park — it is something proactive that we can do. Trustee Romano asked what other communities are doing and Mr. Bradbury responded that the State is very concerned and other communities as well especially in New Jersey. There are studies being done but you are looking at multiple years. Ben Miloro of Hillcrest Avenue addressed the Board and stated he believes the coyotes have been here forever and they will go after small animals. They travel and pairs and people need to be careful. OLD BUSINESS: (1) Update on leaf blower restrictions Mr. Bradbury gave a report on what other communities are doing in regard to leaf blowers and we obtained a report from Pace University as well. Leaf blowers are restricted by Village Code as far as hours of operation. If the Village wants to consider more restrictions, the studies are available to review. Mayor Feinstein felt this was important because of the concern of a resident who has been in contact with her. Trustee Santon thinks the county has done a lot because they have regulated the machinery. He does think that they are not as much of a problem now as they used to be and does not believe it is a widespread problem throughout the community. Trustee Rosenberg agrees with Trustee Santon. There is the occasional landscaper who might start a little early — but overall does not think it is a big problem worth pursuing. The county has instituted new regulations and believes that is adequate. DISCUSSION ITEMS: (1) Various proposed modifications of the Village Code Mayor Feinstein explained that these items were proposed by Chairman Zuckerman but is not sure this has been reviewed with the planning board or if they are items that have just come up during Planning Board meetings. Trustee Sanders Romano believes these are issues that have arisen during meetings — some are easy some are complicated but she does not believe they are major issues. Trustee Santon believes that this should be referred to the Planning Board for discussion because they are all worthy of review. Trustee Sanders Romano believes that the digitization of applications is a big topic and requires a considerable amount of discussion and should be addressed separately. Trustee Rosenberg believes digitization is more of a policy issue and should be a separate discussion. We need to be thoughtful and careful and move slowly so that the small applications are not over burdened. Mr. Bradbury asked about the survey issue and requiring a current survey and the Board believes that for site plan approval a current survey is necessary and should be required. Mr. Carosi responded that with regard to surveys, on a site plan application they are required so he is not sure why this is being brought up. On smaller projects it is at the Building Inspectors discretion. A survey is part of the checklist which is in our Village Code. Mayor Feinstein believes Segmentation and Scenic Roads Overlay are the most important issues on the list in her opinion. Digitization needs to be looked at in depth and Mr. Bradbury will supply the Board with a report showing all the options that are available. (2) Proposed Meadowlark/Edgewood detention basin and Meadowlark area storm water drainage issues Trustee Santon discussed the proposed project and the state funding received. It was brought to his attention that there are some storm water management concerns in areas that feed into that basin and wants to make sure that if there are properties that are involved that we are cognizant of what this basin will be serving. Wants to make sure the Village staff is prepared to address these issues. Mr. Bradbury responded that the ground work is already laid adding that we are several steps ahead on what needs to be done in those areas to correct the drainage issues. Mayor Feinstein agrees and noted that she signed a letter that is addressed to the residents of those areas advising them of the meeting. Trustee Santon wants to know what we tell the residents where the culvert is getting clogged by leaves and debris on who is responsible for maintaining that. Mr. Bradbury responded that the Village is aware of the problem in the areas where the grant was not approved such as Oriole Place and he has discussed it with Mr. Carosi and they are looking at ways to address it in the long term. Mr. Carosi stated that he has had discussions with Mr. Bradbury and leaf management will play a part in helping this problem. Not blowing the leaves into the streams/basins would help prevent the problem from getting worse. Mr. David Nadasi of 20 Woodland Drive addressed the Board and stated how he was able to educate himself a lot from the Village's web site. He asked how to get a major project up for approval or consideration from the Village and how to get state funding and is there a formal way to request maintenance in village culverts and streams. The culvert has been non functional since before he moved into his home and is interested in knowing how to proceed. Mayor Feinstein responded that the starting point is the Village staff, for example the Loch Lane project. As far as getting things fixed or maintained, just the way it was done this evening, the Village needs to be made aware of the problem. There is a process that takes place and there are financial constraints where we try to acquire funding. Mr. Bradbury explained that the funding was given after the studies were performed and we are working our way through a series of projects where there are major issues that need to be addressed. Trustee Santon is familiar with Mr. Nadasi's concerns and added that the greater the public purpose the more viable it will be with the state. What Mr. Nadasi is referring to is the drainage culvert that comes off Woodland Drive — goes through his property into the brook at Rich Manor Park. There is no easement and the question is should a property owner sustain damage from water from a public roadway onto his private property. In addition, behind the property is Rich Manor Park and maybe we can look at containing the leaves in that area. Mr. Nadosi would like the Village to take a closer look at the water problem he is experiencing. (3) Status of Arbors PUD compliance matters There are a variety of issues relating to site plan and updating but the Board would like to know when they might see the applications for site plan amendment. Mr. Bradbury explained that the Arbors have hired a surveyor and he is actively working and it will take a couple of months to complete that process. In the mean time, he will seek monthly updates and relay them to this Board to keep them updated. The Arbors has been doing what they have said they are going to do. Mr. Bradbury believes they will come in with one complete plan for us to review rather then piece mealing. Trustee Santon believes all easements must be shown but they are not shown on the site plan. We know that an easement was modified without going through the PUD process but he believes that if this is not addressed soon there will be adverse impacts on a third party. Mr. Bradbury responded that issue has been brought up and will be addressed. Mr. Ben Miloro of 52 Hillcrest Avenue addressed the Board regarding his neighbor who was before the Planning and Zoning Boards in regard to a small addition to the home of 10 feet. The application passed but they were told to remove the front porch which he feels will make the home non conforming to all the other homes on Hillcrest. Mr. Miloro is in favor of the project but does not think that the porch should be removed. Every house on Hillcrest has the same set backs. Trustee Santon responded that it is the applicant's job to comply with the code. They received their approvals from the Zoning Board and now will go back to the Planning Board. Mayor Feinstein added that this Board does not have jurisdiction over the project— we can't comment on it and we can't rule on it. Mr. Miloro wants to have the house conform to the rest of the street and does not think that the Zoning Board should force them to remove the porch. Mr. Miloro asked about the grant money for sidewalks on Hillcrest. Kids are walking on the street— sidewalks are broken and in bad condition and would like to know if they could take the concrete out and put grass in instead of replacing the sidewalks and would like the Village to consider that. Mayor Feinstein thanked him for his time. Mr. Richard Abel addressed the Board in regard to the Open Meetings Law and made note of the Executive Session held tonight. Mayor Feinstein responded that the litigation was in regard to the City of Rye and there will be a hearing on September 10th Mr. Bradbury added that the personnel issue has to do with appointments and will be continued as we go back into executive session at the end of tonight's meeting. Mr. Abel advised the Board of a meeting being held at Crawford Park on October 8th at which Mr. Bob Freedman will be the speaker. The meeting starts at 6:00 pm and he believes that Open Meetings Law is an important issue and would like this Board to consider attending. Mayor Feinstein asked for a motion to adjourn to executive session and on a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the meeting was adjourned at 10:25 pm.