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HomeMy WebLinkAbout2006-03-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 14, 2006-7:30 P.M. AGENDA EXECUTIVE SESSION: 7:00 P.M: Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a site plan for an amended application by KF (Rye Brook), LLC for development of a Hilton Garden Inn Hotel on Anderson Hill Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13. 2) Consideration of a permit to perform regulated activities in a wetland for an amended application by KF (Rye Brook), LLC for development of a Hilton Garden Inn Hotel on Anderson Hill Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13. 3) Consideration of a proposed local law to amend Chapter 64 and 250 of the Code of the Village of Rye Brook regarding notification requirements. 4) Consideration of a proposed local law amending Chapter 240 of the Code of the Village of Rye Brook regarding handicap parking. 5) Consideration of a proposed local law amending Chapter 105 of the Code of the Village of Rye Brook regarding conservation easements. RESOLUTIONS: 1) Approving a site plan for an amended application by KF (Rye Brook), LLC for development of a Hilton Garden Inn Hotel on Anderson Hill Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13. Board of Trustees Meeting March 14,2006 Page 1 2) Approving a permit to perform regulated activities in a wetland for an amended application by KF (Rye Brook), LLC for development of a Hilton Garden Inn Hotel on Anderson Hill Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13. 3) Adopting a proposed local law to amend Chapter 64 and 250 of the Code of the Village of Rye Brook regarding notification requirements. 4) Adopting a proposed local law amending Chapter 240 of the Code of the Village of Rye Brook regarding handicap parking. 5) Adopting a proposed local law amending Chapter 105 of the Code of the Village of Rye Brook regarding conservation easements. 6) Appointment to Technology and Communications Commission. 7) Awarding Contract #06-03. Rear yard residential sanitation collection service and curbside recycling, bulk trash and organic yard waste collection services. 8) Referring an application for modification to the approved BelleFair P.U.D. site plan to construct a new garage at 15 Milestone Road to the Planning Board of the Village of Rye Brook. 9) Setting a public hearing for a proposed local law amending Chapter 235 of the Code of the Village of Rye Brook regarding tree permit appeals. 10) Approving Minutes: July 26, 2005; November 22, 2005; December 13, 2005 (Tree Removal Appeals Board); December 13, 2005; January 10, 2006; January 24, 2006; and February 14, 2006. ADMINISTRATOR'S REPORT OLD BUSINESS: • Report on Byram Ridge R-20 Zoning District NEW BUSINESS DISCUSSION ITEMS Board of Trustees Meeting March 14,2006 Page 2 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: March 28, 2006 and April 11, 2006 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Village Counsel Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE The meeting March 14, 2006 regular meeting of the Board of Trustees was called to order at 7:30 p.m. by Mayor Lawrence Rand. PUBLIC HEARINGS: 1) CONSIDERATION OF A SITE PLAN FOR AN AMENDED APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13. Mr. Bradbury noted that there has been an extensive review of this application for a 125-room hotel, which was presented as an alternative to the original plan. Litigation brought against the Village by the applicant has resulted in a settlement agreement that requires the applicant to submit an application for residential housing on this site. Before the Board at this time is a public hearing for consideration of the site plan and a public hearing on consideration of performing activities in a wetland. Board of Trustees Meeting March 14,2006 Page 3 Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that a memo was received from Westchester County Planning. When the FEIS was completed it was sent to various interested agencies. There are four (4) meaningful comments that have been made by the Westchester County Planning Department, directly related to the project, and one (1) comment that is long-term. The first comment involves highway work permits that would be part of the approval process. The second comment involves the Bee-Line Transit Service. The suggestion is to construct a bus stop near the entrance of the proposed driveway. There was another comment that it tied to this one, and it has to do with pedestrian access from the hotel to the potential bus stop. The last comment has to do with sewage flows, and the recommendation is that the developer off set the potential increase in flow of sewage. The memo describes the method to accomplish this. Mayor Rand call for comments from the applicant. John Wagner, Esq., representative for the applicant, addressed the Board. He noted that the applicant was before the Board for approval of an amended site plan. On February 28, 2006, the Village Board accepted the application for a 125- room hotel. The site plan, as amended, has been submitted. The building is proposed to be a three-story construction, with 129 parking spaces wrapped around the building. The total building's square footage is 76,161 square feet, and only 3.038 acres of the site will be developed. No development is proposed on the property located in Greenwich. Mr. Wagner noted that in conjunction with a site plan approval there is a wetland application that has been submitted. There is a total of the 5.27 acres of fresh water wetlands on the site. The applicant will be mitigating the impact to the wetlands. There are wetland buffer impacts to be mitigated as well. In addition, the wetland and buffers will be enhanced by planting of species to improve the habitat. Mayor Rand called for questions from the Board and/or members of the community. A resident from Ding Street addressed the Board. He noted that a portion of the property was located in Greenwich. He asked for assurances that there would be no clear cutting of the Greenwich portion of the property. Mr. Wagner responded that the portion of land in Greenwich will remain undisturbed. Board of Trustees Meeting March 14,2006 Page 4 Debra Klein, a resident of Greenwich, addressed the Board. She expressed her concern regarding screening for the neighbors. Mayor Rand noted that screening had been addressed at a prior meeting. He explained that there are two (2) phases to this application. Through a settlement, the applicant is proceeding with the plans for a 125-room hotel, and will present a plan for residential development. At the time that the 43 unit residential development comes before the Board, there will be a presentation, and all residents of both Greenwich and Rye Brook are welcomed to attend. The hotel will not be constructed, however, as a result of the litigation, the site plan review process must be completed. Trustee Joan Feinstein explained that this project will actually be a residential project. Trustee Paul Rosenberg asked that the stipulation of no development on the Greenwich portion of the property be included in the application for the 43 residential units. Edward Beane, Esq., Village Counsel, responded that the stipulation that was reached includes a plan for the 43 residential units, and that plan will also show no development on the portion of the property located in the Town of Greenwich. Mr. Wagner stated that the DEIS includes a visual representation of what the view would be at the property line. The residential unit plan is conceptual at this time. The applicant is trying to minimize intrusion into the wetland. Another resident asked for clarification as he understood the matter. He noted that there is a binding agreement that even though the hotel will be approved there is no way that this plan can move forward. Mr. Beane responded that the stipulation which came about as a result of the litigation brought against the Village by the applicant requires completion of the DEIS phase. The second phase of the stipulation calls for the Village to change the zoning to residential zoning. When and if these amendments are made to the Village Code, the applicant must then make an application to the Village for the residential units. The Village's preference is the residential plan, and it intends to work towards that goal. Jim Parker, a resident of King Street, addressed the Board. He questioned the notification process for the 43 residential units. Mayor Rand noted that there would be public notice, as well as information posted on the Village's website. Trustee Rosenberg noted that concerned individuals can sign up on the website to be sent notification. On a motion to close the public hearing made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. Board of Trustees Meeting March 14,2006 Page 5 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) CONSIDERATION OF A PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND FOR AN AMENDED APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13. Mr. Wagner noted that his statements regarding the first public hearing were the same for the second public hearing. On a motion to close the public hearing was made by Trustee Feinstein, and seconded by Trustee Rosenberg. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolutions on the first two matters. RESOLUTIONS: 1) APPROVING A SITE PLAN FOR AN AMENDED APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13. Mr. Bradbury read the following resolution: Board of Trustees Meeting March 14,2006 Page 6 RESOLUTION APPROVING A SITE PLAN FOR AN AMENDED APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13 WHEREAS, the Board of Trustees of the Village of Rye Brook ("Village Board of Trustees") has received amended applications for Site Plan Approval and a Permit to Perform Regulated Activities in a Wetland from KF (Rye Brook), LLC (the "Applicant") to construct a three-story 125-room hotel, parking for 129 cars, landscaping, lighting, and related site development (the "Proposed Action") on a parcel of real property located at the southwest corner of the intersection of Anderson Hill Road and King Street, within the H-1 Hotel Zoning District and the Anderson Hill Scenic Roads Overlay District and shown as Section 129.35, Block 1, Lot 13 (formerly Section 1, Block 4, Lots 5, 6, and 7A and 7A1) on the tax assessors maps (the "Site" or "Property"); and WHEREAS, the Village Board of Trustees determined the Proposed Action to be a Type 1 Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and on March 23, 1999 resolved to be Lead Agency for review of the Proposed Action; and WHEREAS, the Village Board of Trustees, as Lead Agency for review under SEQRA, determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a Positive Declaration on or about June 15, 1999 and an environmental impact statement was written, reviewed and adopted in accordance with the requirements of SEQRA; and WHEREAS, on February 28, 2006, the Village Board of Trustees, acting as Lead Agency, adopted a Findings Statement that selected the 125-room three-story modified construction alterative site plan studied during environmental review because it minimized visual, noise, traffic, parking, construction, wetlands, and steep slopes impacts to the greatest extent and mitigated those impacts to the greatest extent; and WHEREAS, the Village Board of Trustees referred the subject application to the Westchester County Department of Planning and the Town of Greenwich, and the Village Planning Board for review and comment; and WHEREAS, the Village Board of Trustees reviewed comments from the public and interested agencies, information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant and Village staff and the recommendations of the Village Planning Board regarding disturbance of wetlands and steep slopes, the site plan, zoning, Board of Trustees Meeting March 14,2006 Page 7 traffic and transportation, noise, construction, and visual impacts and the Applicant revised the site plan according to the recommendations; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on March 14, 2006, the Board of Trustees held public hearings on the subject applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, for the reasons stated herein, hereby approves the Site Plan to construct a 125-room three-story hotel (modified construction), parking for 129 cars, landscaping, lighting, and related site development as depicted on the drawing set titled "Garden Inn at Rye Brook, 125-Room 3-Story," last revised February 24, 2006, prepared by Schoor DePalma, White Plains, New York, on the property shown as Section 129.35, Block 1, Lot 13 subject to the following conditions: 1. That the Zoning Board of Appeals of the Village of Rye Brook grants the required variances from zoning district and overlay district regulations. 2. That during construction, the Applicant will comply with the Construction Staging Plan, provided in Appendix V of the December 2005 FEIS, to ensure that construction materials, vehicles, etc. are properly managed and that off- site impacts are minimized. 3. That the Applicant will ensure that material storage, parking, trailer locations and construction staging are confined to the areas set forth on the aforesaid Construction Staging Plan. 4. That the Applicant shall ensure that the majority of construction workers and vehicles destined to the site will not travel during the roadway peak hours in order to minimize impacts associated with construction activities to area roadways. 5. That the construction schedule for the workers shall generally be from 7:30 AM to 3:30 PM, such that workers' trips will occur outside the peak roadway hours. 6. That the construction workers shall generally arrive at the site between 7:00 to 8:00 AM, and leave the site between 3:00 to 4:00 PM. Board of Trustees Meeting March 14,2006 Page 8 7. That truck trips shall be scheduled, to the greatest possible extent, to occur outside of the roadway peak hours. These schedules shall be coordinated with the construction contractors and established in the construction contracts. 8. That the storm water management system will ensure that there will be no significant surface water impacts (such as erosion to stream banks or stream bottoms) from the proposed development and that no changes to the local hydrology will occur because the proposed hotel development was constructed. 9. That monitoring and maintenance of the storm water management facility will be employed to help ensure protection of water quality over the long-term. The maintenance measures shall include checking the embankment (i.e., the berm that forms the basin) for subsidence, erosion, tree growth and the presence of burrowing animals. In addition to periodic removal of accumulated sediment, the condition of the outlet control structure and the discharge pipe will also be observed. Other maintenance activities will include periodic mowing on the top of the berin and the upper portions of the embankment, and removal of litter and debris. Maintenance activities will be the responsibility of, and be paid for by, the Hilton Garden Inn at Rye Brook. The inspection of the basin will be conducted by a qualified firm or individual (an engineer and wetlands expert) acceptable to the Village. Sediment removal and mowing will be performed by a qualified grounds maintenance firm under contract to the owner. 10.That sediment will be removed from the forebay at the discharge point approximately once every five years. 11.That, Integrated Pest Management ("IPM") techniques will be employed in order to further minimize the potential for pollutant loadings and associated water quality impacts. 12.That no microwave ovens or other cooking facilities will be placed in sleeping rooms, to avoid potential conversion of the hotel to residential use. 13.That the hotel will not provide meeting rooms or restaurants. 14.To reduce traffic generated by the proposed Hilton Garden Inn at Rye Brook, a shuttle shall be provided to bring guests to and from the airport or to and from other local venues such as the Arrowwood Conference Center. 15.To help ensure that access to public transportation is adequate for those patronizing the hotel, the Applicant shall consult with the Westchester County Board of Trustees Meeting March 14,2006 Page 9 Beeline Bus Service to determine if any additional bus stops are required, and shall cooperate with the Westchester County Beeline Bus Service if additional bus stops are required. 16. Provision of a final design to the Aquarian Water Company that complies with the requirements thereof to ensure that no significant adverse water supply impacts will result. 17.That each guest room will have its own HVAC system, in order to minimize potential noise impacts. 18.That the HVAC systems will be similar to those used in residential air conditioning, and shall not protrude outside the building. 19.That condenser fans that are part of the common area heating and cooling system, will be mounted on the roof of the building, inside an enclosed recessed area. 20.That, parapet walls will be constructed around the units to form a complete barrier. The location of the fans on the roof, coupled with the parapet walls, shall serve to completely block the view of these units from the ground, and will help to attenuate noise generated by the fans. 21.That the building will be constructed with insulation materials, double-paned windows and noise-attenuating materials that will buffer and mitigate noise levels inside the building to commonly acceptable standards in order to minimize airport-related noise to future hotel guests. 22.That, after all new plant and landscape material is installed and at the expense of the Applicant, the newly installed plantings shall be inspected once yearly during each of the next five consecutive growing seasons by a landscape architect or a horticultural professional acceptable to the Village Engineer to ensure the health and long term viability of the landscape throughout the property and its ability to screen views and enhance the visual character of the development. After inspection all dead plantings or plantings that are in poor health shall be promptly replaced according to the approved landscape design. 23.Allowing for growth of plants over time, the number of plants, mix of species, density or size of plants shall not be allowed to change from what is indicated on the Landscape Plan without the approval of the Village Engineer. Substantial alteration of the landscape design, as determined by the Village Board of Trustees Meeting March 14,2006 Page 10 Engineer, shall be considered a modification of the site plan and shall be approved by the Village Board of Trustees. 24.The Applicant shall provide a Performance Bond to the satisfaction of the Village Engineer to guarantee the installation and maintenance of all landscape, buffer, wetland and wetland buffer mitigation planting installations. 25.The Applicant shall pay a recreation fee in lieu of recreation land dedication. The fee shall be $7,000 per acre plus $1,750 per 2,000 sq. feet of the square footage of development to be constructed. 26.That Tree Preservation and Tree Protection Plans shall be provided to the satisfaction of the Village Engineer prior to issuance of a Building Permit. The Tree Preservation Plan shall include: a. A list of all regulated trees including the size, species and general health as determined by a certified arborist, keyed to a plan drawing of existing conditions; b. A plan clearly indicating all trees to be removed and all trees to be protected; c. Field verification and approval of all trees marked for protection and removal; The Tree Protection Plan shall include the following notes, plans, specifications and details: a. That all phases of construction including clearing and grubbing, preliminary site preparation, utility installation, preliminary grading, road construction, building lot preparation, etc., require tree protection measures to be in place; b. That no construction activities of any kind shall occur within the limits of the protected areas including, but not limited to grading, excavation, stockpiling of materials, storage of construction equipment, vehicle parking, movement of workers or machinery, or dumping of construction debris; c. Field marking and installation of safety fencing and/or wood barriers for individual trees and groups of trees to be protected. Fencing or barriers should be placed outside the "drip line" of the tree or trees; d. Plan drawings for each construction area showing the location of each tree or group of trees to be protected; e. Construction details for the protection measures proposed; Board of Trustees Meeting March 14,2006 Page 11 f. A narrative description of the timetable for placement of protection measures, construction of fencing and barriers and the duration of the placement of such protection measures; g. Provisions for placement of warning signs on the site indicating areas of protected vegetation and prohibited activities in protected areas; h. Provisions for monitoring the effectiveness of the protection throughout the construction period; i. Provisions for inspection of protected trees by a certified arborist to determine condition and health after completion of construction. Inspections shall be made once a year, during the growing season, for three growing seasons after the completion of construction; j. Provision for replacement of protected trees damaged or killed by construction activities. Trustee Feinstein reviewed the construction schedule, and asked that construction on the weekends not start until later on Saturdays as a courtesy to the neighbors. The applicant stated that they would comply with Village law regarding construction and commencement times. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution, as amended, was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second resolution: 2) APPROVING A PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND FOR AN AMENDED APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13. Mr. Bradbury read the resolution: Board of Trustees Meeting March 14,2006 Page 12 RESOLUTION APPROVING A PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND FOR AN AMENDED APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13 WHEREAS, the Board of Trustees of the Village of Rye Brook ("Village Board of Trustees") has received amended applications for Site Plan Approval and a Permit to Perform Regulated Activities in a Wetland from KF (Rye Brook), LLC (the "Applicant") to construct a 125-room three-story hotel, parking for 129 cars, landscaping, lighting, and related site development (the "Proposed Action") on a parcel of real property located at the southwest corner of the intersection of Anderson Hill Road and King Street, within the H-1 Hotel Zoning District and the Anderson Hill Scenic Roads Overlay District and shown as Section 129.35, Block 1, Lot 13 (formerly Section 1, Block 4, Lots 5, 6, and 7A and 7A1) on the tax assessors maps (the "Site" or "Property"); and WHEREAS, the Village Board of Trustees determined the Proposed Action to be a Type I Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and on March 23, 1999 resolved to be Lead Agency for review of the Proposed Action; and WHEREAS, the Village Board of Trustees, as Lead Agency for review under SEQRA, determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a Positive Declaration on or about June 15, 1999 and environmental impact statement was written, reviewed and adopted in accordance with the requirements of SEQRA; and WHEREAS, the Village Board of Trustees, acting as Lead Agency, adopted a Findings Statement that selected the 125-room three-story alterative site plan studied during environmental review on February 28, 2006 because it minimized impacts to wetlands to the greatest extent and mitigated those impacts to the greatest extent; and WHEREAS, the Village Board of Trustees referred the subject application to the Westchester County Department of Planning and the Town of Greenwich, and the Village Planning Board for review and comment; and WHEREAS, the Village Board of Trustees reviewed the information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant and Village staff and the recommendations of the Village Planning Board regarding disturbance of Board of Trustees Meeting March 14,2006 Page 13 wetlands and wetlands buffers and the Applicant revised the site plan according to the recommendations; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on March 14, 2006, the Board of Trustees held public hearings on the subject applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves a Permit to Perform Regulated Activities in a Wetland to construct a 125-room three-story hotel, parking for 129 cars, landscaping, lighting, and related site development as depicted on the drawing set titled "Garden Inn at Rye Brook, 125-Room 3-Story," last revised February 24, 2006, prepared by Schoor DePalma, White Plains, New York, on the property shown as Section 129.35, Block 1, Lot 13 subject to the following conditions: 1. That the Applicant shall obtain all variances required from the Zoning Board of Appeals. 2. That the applicant shall provide a qualified monitor, at its expense, to monitor construction activities at times when any wetland disturbance and/or restoration is being conducted. 3. Prior to issuance of a building permit, the applicant shall submit to building department a wetland monitoring plan identifying the monitor, his/her qualifications, specific activities to be monitored, actions to be undertaken in the event that the monitor identifies construction activities in or adjacent to wetlands that are contrary to the approvals granted by the village and/or activities that threaten to cause damage to the wetlands. All wetland monitoring and maintenance shall be performed at the expense of the applicant. The qualifications of the monitor shall be approved by the Village Engineer. 4. That, after all new plant and landscape material is installed and at the expense of the Applicant, the newly installed plantings shall be inspected once yearly during each of the next five consecutive growing seasons by a landscape architect or a horticultural professional acceptable to the Village Engineer to ensure the health and long term viability of the landscape throughout the property and its ability to screen views and enhance the visual character of the development. After inspection all dead plantings or Board of Trustees Meeting March 14,2006 Page 14 plantings that are in poor health shall be promptly replaced according to the approved landscape design. 5. Allowing for growth of plants over time, the number of plants, mix of species, density or size of plants shall not be allowed to change from what is indicated on the Landscape Plan without the approval of the Village Engineer. Substantial alteration of the landscape design, as determined by the Village Engineer, shall be considered a modification of the site plan and shall be approved by the Village Board of Trustees. 6. The Applicant shall provide a Performance Bond to the satisfaction of the Village Engineer to guarantee the installation and maintenance of all infrastructure related to storm water mitigation including storm water quality and mitigation ponds, inlets and outlet control structures and all landscape, buffer, berm and wetland and wetland buffer mitigation planting installations. 7. That development of the site will disturb no more than 3,772 square feet of actual wetland areas, and no more than 75,757 square feet of wetland buffer areas. 8. In substantial compliance with the landscape plan included in appendix h of the December 2005 FEIS, a 4,000-square-foot "wetland mitigation area," A 115,500-square-foot "wetland enhancement area," and a 41,300-square- foot "wetland buffer enhancement area" shall be constructed. Following construction, the temporary wetland impact area will be restored to its pre- construction grade, and new wetland plant materials will be planted, in substantive compliance with the landscape plan included in appendix h of the December 2005 FEIS. 9. To permanently protect areas that are not to be disturbed as part of the development, the applicant shall place conservation easements on all wetland areas of the project site, as well as on the portions of the site that are situated within the "R-20" zoning district. Mr. Beane noted that both resolutions on this matter come directly from the stipulations that resulted from the litigation. The Board of Trustees has jurisdiction over this application. Mayor Rand noted that the Village was moving ahead with the residential aspect of this project. Board of Trustees Meeting March 14,2006 Page 15 On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand returned to the agenda, and called for public hearing #3: 3) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND CHAPTER 64 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS. Mayor Rand called for background on the public hearing. Mr. Bradbury noted that this local law clarifies when notices must be sent out, for what meetings, and establishes rules for the Planning Board, Zoning Board, and Board of Trustees. Trustee Rosenberg noted that the Planning Board requested these changes. It is their opinion that each meeting of the Planning Board that is a work session should be noticed to the effected neighbors to ensure that everyone is aware of projects throughout the Village. The reason that the public hearing was left open from the previous Board of Trustee meeting was because the notification requirements for the Planning Board did not work well for the Board of Trustees. Mr. Bradbury worked out the differences. Mayor Rand called for comments from the Board and members of the public. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 14,2006 Page 16 RESOLUTION: 3) ADOPTING A PROPOSED LOCAL LAW TO AMEND CHAPTER 64 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS. Mr. Bradbury read the following resolution: RESOLUTION ADOPTING A PROPOSED LOCAL LAW TO AMEND CHAPTERS 64 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS WHEREAS, a local law has been proposed to amend the Village Code regarding notification requirements; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on February 28, 2006 and March 14, 2006, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on March 14, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 64 and 250 of the Code of the Village of Rye Brook regarding notification requirements; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. There was no discussion on the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 14,2006 Page 17 Mayor Rand called for the fourth public hearing on the agenda: 4) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HANDICAP PARKING. Mr. Bradbury noted that this matter deals with a recommendation that a handicapped space be installed on College Avenue. Trustee Feinstein noted that parking restrictions have been changed in this area. She was concerned that passing the resolution would set a precedent. She felt that there was insufficient information to make this determination at this time, and asked that the public hearing remain open until the matter could be reviewed further. Trustee Michael Brown also felt that this could set a precedent. Mayor Rand agreed with Trustee Feinstein. He noted, however, that in this particular case, the homeowner is handicapped. The Village's Traffic Commission has reviewed this matter and has recommended that a handicapped parking space be located at 72 College Avenue. Mayor Rand noted that he placed a lot of weight on the recommendation of the Village's Traffic Commission. He pointed out that this is a handicapped space and not a space for the individual homeowner. Anyone with a handicap permit can park there. Trustee Rosenberg expressed concern that other senior citizens would come forward for additional spaces, or that other individuals would utilize this space and then the individual who requested it wouldn't receive any relief. He agreed that granting this request could set a precedent. Trustee Buzin stressed the hardship in this case. He noted that this resident's driveway is located on Tamarack and parking in it would require the individual to negotiate stairs. Parking in front of the home, however, would allow her the ability to walks straight to the home. This space would be available to this homeowner, but it would not uniquely be her space. Mr. Bradbury stated that he would invite the individual who made this request to attend the next meeting to respond to concerns from the Board. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the matter was adjourned to the March 28t" meeting of the Board of Trustees. Board of Trustees Meeting March 14,2006 Page 18 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING NAY TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that the resolution on this matter would also be adjourned. He called for the fifth public hearing on the agenda. 5) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 105 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS. Mr. Bradbury reviewed this matter for the Board. Mayor Rand called for comments from members of the public and the Board. There being none he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 5) ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 105 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS. Mr. Bradbury read the following resolution: Board of Trustees Meeting March 14,2006 Page 19 RESOLUTION ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 105 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS WHEREAS, a local law has been proposed to amend the Village Code regarding conservation easements; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on March 14, 2006, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on March 14, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Chapter 105 of the Code of the Village of Rye Brook regarding conservation easements; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. There was no discussion on this resolution. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) APPOINTMENT TO TECHNOLOGY AND COMMUNICATIONS COMMISSION. Mr. Bradbury read the following resolution: Board of Trustees Meeting March 14,2006 Page 20 RESOLUTION APPOINTMENT TO TECHNOLOGY AND COMMUNICATIONS COMMISSION NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Rachel Chason of 57 Winding Wood Road S., Rye Brook, New York, to fill the unexpired term of Edward Howe on the Technology and Communications Commission, for the term ending April 2006. Mayor Rand noted that Ms. Chason works in this field and is an excellent addition to this Board. Mayor Rand also noted that there were a number of openings on various Boards and Committees, and asked that any interested individual looking to volunteer would be given an appointment. He stated that an appointment to an unexpired term is left to the Mayor and Village Board. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for resolution #7: 7) AWARDING CONTRACT #06-03. REAR YARD RESIDENTIAL SANITATION COLLECTION SERVICE AND CURBSIDE RECYCLING, BULK TRASH AND ORGANIC YARD WASTE COLLECTION SERVICES. Mr. Bradbury read the following resolution: Board of Trustees Meeting March 14,2006 Page 21 RESOLUTION AWARDING CONTRACT#06-03 Rear Yard Residential Sanitation Collection Service and Curb-Side Recycling, Bulk Trash and Organic Yard Waste Collection Services WHEREAS, the Village of Rye Brook has solicited bids for Contract 06- 03 "REAR YARD RESIDENTIAL SANITATION COLLECTION SERVICE AND CURB-SIDE RECYCLING, BULK TRASH AND ORGANIC YARD WASTE"; and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on February 8th, and 15th, 2006; and WHEREAS, 18 bids were solicited and two bids were received by the due date of Tuesday, February 28, 2006 at 10:00 a.m., at which time all received bids were opened as summarized below; and BIDDER BID AMOUNT BID BOND ALTERNATIVE 1 ALTERNATIVE 2 C.R.P. SANITATION, INC. $1,705,700.00 $2,618,070.00 YES ROGAN BROTHERS SANITATION NO BID NO BID - NOTE:ALTERNATIVE I IS A TWO-YEAR CONTRACT,ALTERNATIVE 2 ISA THREE-YEAR CONTRACT. WHEREAS, upon reviewing the bids, the Village Administrator and Engineer have determined that it is in the best interest of the Village to choose Alternative 2, a three-year contract, and that lowest responsible bidder meeting the requirements of the contract is C.R.P. Sanitation, Inc. for the three-year total bid price of$2,618,070; NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees awards Contract 406-03 "REAR YARD RESIDENTIAL SANITATION COLLECTION SERVICE AND CURB-SIDE RECYCLING, BULK TRASH AND ORGANIC YARD WASTE" is to C.R.P. Sanitation, Inc. for the total bid price of $2,618,070.00 subject to the following condition: Board of Trustees Meeting March 14,2006 Page 22 1. That the Westchester County Solid Waste Commission approves the request by the Village to enter into a three-year contractual agreement for solid waste collection services; and be it FURTHER RESOLVED, that, should the Westchester County Solid Waste Commission deny the submitted request, that the Village of Rye Brook Board of Trustees awards Contract #06-03 "REAR YARD RESIDENTIAL SANITATION COLLECTION SERVICE AND CURB-SIDE RECYCLING, BULK TRASH AND ORGANIC YARD WASTE" is to C.R.P. Sanitation, Inc. Alternative 1, a two- year contract for the total bid price of$1,705,700.00 and be it FURTHER RESOLED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that this is a reduction in the cost. The County only allows two-year terms. He stated that the Village did solicit additional bids. His office even sent out solicitations via a mailing, but there was only one additional bidder. Trustee Rosenberg felt that C.R.P. was not as neat as they should be and that the Village should pay more attention to this matter. It was noted that C.R.P. was very flexible and willing to address and resolve issues. Mayor Rand felt that this was a fair contract. He noted that he appreciated the e-mails and comments that he receives from residents in connection with the sanitation collection, and that he has found C.R.P. to be responsive. Mr. Bradbury stated that, in his opinion, this was a fair contract. He noted that there were two bidders for sanitation last year. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 14,2006 Page 23 8) REFERRING AN APPLICATION FOR MODIFICATION TO THE APPROVED BELLEFAIR P.U.D. SITE PLAN TO CONSTRUCT A NEW GARAGE AT 15 MILESTONE ROAD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Bradbury read the following resolution: RESOLUTION REFERRING AN APPLICATION FOR MODIFICATION TO THE APPROVED BELLEFAIR P.U.D. SITE PLAN TO CONSTRUCT A NEW GARAGE AT 15 MILESTONE ROAD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Michelle and Lee Sosin have submitted an application to the Board of Trustees of the Village of Rye Brook for site plan approval to construct a single story garage addition to allow the expansion of the existing home on their property at 15 Milestone Road, Section 124.65, Block 1, Lot 66 in the Bellefair P.U.D. Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and after review of the Environmental Assessment Form (EAF) submitted by the applicant, determines the proposed action to be a TYPE TWO ACTION requiring no further review under SEQRA; and BE IT FURTHER RESOLVED, that the subject application shall be referred to the Village Planning Board for a report and recommendations; and BE IT FURTHER RESOLVED, that the applicant is directed to coply with Section 250-40 of the Village Code of the Village of Rye Brook regarding notification; and BE IT FURTHER RESOLVED, that the applicant shall deposit the sum of$2,500 into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the costs of review of this application. Mr. Bradbury noted that this was an application to modify the P.U.D. Bellefair has their own notification requirements, notified the residents. The Village, Board of Trustees Meeting March 14,2006 Page 24 utilizing its own Code and rules, has also made notification to the effected residents. The applicant noted that they have received approval from Bellefair, and the adjacent neighbors have reviewed the plans are in support of the application. Trustee Rosenberg noted that this was the first application to change a structure in Bellefair. He also noted that the Planning Board would serve as an advisory body in this matter. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) SETTING A PUBLIC HEARING FOR A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TREE PERMIT APPEALS. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TREE PERMIT APPEALS WHEREAS, a local law has been proposed to amend the Village Code regarding tree permit appeals. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on March 28, 2006 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a Board of Trustees Meeting March 14,2006 Page 25 proposed local law to amend Chapter 235 to the Code of the Village of Rye Brook regarding tree permit appeals. Mayor Rand noted that the Vision Plan that was created six years ago suggested a commission with final authority on matters regarding tree permits. The Tree Removal Board of Appeals, which was adopted on a temporary basis, will give way to a Board that would have final authority. There are a number of individuals with expertise sitting on the Environmental Council, and that expertise should be utilized in connection with tree permits. It has come to the attention of the Village Board that there have been violations, and that residents are removing trees without first making an application to the Village. No resident can remove a tree without a tree removal permit. This administration will issue summons to the individuals who have violated the Code, and fines will be assessed. The funds collected from these fines will be used to re- plant trees in the Village. A discussion on the wording in the local law ensued. Trustee Rosenberg felt that stronger wording was required to clearly indicate that if a tree is removed without a permit, re-planting will be required. Marilyn Timpone Mohamed noted that the sense of this law is protect trees, and to ensure that if an 8" tree is cut down there will be replacement. After reviewing the applicants, and the area, the Board will, at its discretion, direct the individual to plant either an 8" tree or two (2) 4" trees. Mayor Rand reminded everyone that the matter before the Board at this meeting was to set a public hearing. Ken Heller of Lincoln Avenue addressed the Board. He agreed with Ms. Timpone Mohamed that removing one 60' tree could allow for replacement of six (6) trees. This matter should be left to the experts reviewing the matter, who would ensure that a tree that could grow to 60' is not planted where it would interfere with power lines or existing structures. The Committee should be given the discretion to make the decision to re-plant trees or shrubs, and where the re-planting should occur. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting March 14,2006 Page 26 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 10) APPROVING MINUTES: JULY 26, 2005; NOVEMBER 22, 2005; DECEMBER 13, 2005 (TREE REMOVAL APPEALS BOARD); DECEMBER 13, 2005; JANUARY 10, 2006; JANUARY 24, 2006; AND FEBRUARY 14, 2006. Mayor Rand noted that he had handed in changes/corrections, as have the other members of the Board. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the summaries were adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that two (2) items not on the agenda, with the Board's consent, would be placed before the Board. The Board agreed, and Mr. Bradbury read the first resolution: 11) PROPOSED LOCAL LAW TO AMEND CHAPTER 24-9 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP TO THE BOARD OF ETHICS Mr. Bradbury gave a quick background, and then read the resolution: Board of Trustees Meeting March 14,2006 Page 27 RESOLUTION PROPOSED LOCAL LAW TO AMEND CHAPTER 24-9 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP TO THE BOARD OF ETHICS NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on March 28, 2006 at 7:30 p.m. in the Village Hall at 938 King Street, Rye Brook, New York, to consider the proposed local law amending Chapter 24-9 of the Code of the Village of Rye Brook to revise the membership of the Board of Ethics. Mayor Rand noted that this resolution was before the Board to set a public hearing. When this Code was written there was a stipulation that one member of the Board needed to be a municipal officer or an employee. Counsel has advised the Board of Trustees that this is no longer a requirement and, therefore, this proposed change cleans up the Code. There will be a five (5)person Board. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for item#12: 12) AUTHORIZING CERTAIN TAX SETTLEMENTS AND PAYMENT: Mr. Bradbury read the following resolution: Board of Trustees Meeting March 14,2006 Page 28 Mr. Bradbury noted that anyone interested in reviewing the settlements can contact his office for a list. This involves the WinRidge Shopping Center and the office building in the shopping center on South Ridge Street for the tax years 2003 and 2004 on one property; and 2002, 2003, 2004, respectively. It also adopts the settlement for the Rye Ridge Condominiums for the tax years 2000 to 2004. Mayor Rand noted that this matter was a clean up of some tax certs and settlements. Mr. Bradbury reviewed the impacts caused by the settlement. Trustee Feinstein noted that one of the reasons for revaluation was the tax certs and, as a result, the Village should not have to face this in the future. Mayor Rand noted that he was not happy about the process, but it was Court ordered. He noted that Mr. Bradbury has done a good job working on this matter. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING NO MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that Election day is scheduled for Tuesday, March 21st. Information is posted on the Village's website. Mr. Bradbury noted that the Betsy Brown sidewalk work is about to start any day. The Village's Public Works Department has cleaned up all the brush and bramble on Ridge Street. On March 21, 2006 the Environmental Council Meeting has a meeting scheduled and Westchester County, at the request of the Council, will be attending that meeting. There has been good progress made on the work on the athletic fields. The drainage is all in place. The weather has been cooperative, and the project is moving along. The grading is almost complete, and the survey has been completed. Board of Trustees Meeting March 14,2006 Page 29 The EPA has provided the Planning Board with information on the clean up work of the site on Hillandale. A report will be made to the Village Board. The Philips Pond was dredged to a 10' level, which was the Village's responsibility. The EPA and the contractor helped pay for much of this work. The project was accomplished at a cost of under $10,000 to the Village for a project that would have cost in the upper $20,000's without the assistance. OLD BUSINESS: e Report on Byram Ridge R-20 Zoning District Trustee Feinstein noted that she had placed this matter on the agenda for discussion. She stated that there has been a lot of construction throughout Rye Brook, which has included teardowns, subdivisions, and expansions. The Byram Ridge area in particular has had a lot of activity. The character of this area is being effected. The residents have asked that the Village look for ways to preserve the character of this area and, at this time, the impact to the residents needs be reviewed. It was noted that a prior Board reviewed this matter approximately five (5) years ago. Ms. Timpone Mohamed gave a presentation on this matter. She noted that a preliminary analysis has been prepared, which shows the potential impacts of potential subdivisions, as well as the result that changing the area to an R-25 zoning district would have. This study concentrated on the neighborhood that radiates outward from the circle area of Hillandale. An R-25 district would encompass 132 blocks, leaving an R-20 district of approximately 50 blocks. Taken into consideration were the differences in size and proportion of the lots in the area. This matter was reviewed with the intention of keeping the lots square versus narrow and deep. The other requirement was that any re-subdivision that would be allowable under the Zoning Code must be fully compliant with the existing regulations. The downsize found in this analysis was that there would be an increase in the number of properties that would now be non-conforming (from 14 to 30). There are ways to mitigate this result. Additional research and analysis can be done at the direction of the Board of Trustees. Mayor Rand noted that this matter did require additional study and evaluation. Mr. Bradbury noted that the Board could establish a Moratorium. A local law would need to be referred to the Planning Board, and a public hearing would have to be held. Board of Trustees Meeting March 14,2006 Page 30 Trustee Rosenberg felt that a Moratorium made sense. Taking the time needed to complete review what was going on in this area, he felt that calling for a Moratorium made good sense. Trustee Feinstein agreed. She noted that the Board has received e-mails on this subject from the residents. She felt that this was a good first step. The Moratorium would have a timeframe set by the Board of Trustees. Mayor Rand felt that a year long Moratorium was too long. Trustee Buzin also felt that a year would not be needed to review this matter. Mr. Bradbury noted that the matter must also be referred to the Westchester County Planning Department. Mr. Beane prepared a resolution and read it for the Board. He noted that a timeframe of six months for a Moratorium can be extended. RESOLUTION REFERRING A LOCAL LAW ESTABLISHING A 2006 INTERIM DEVELOPMENT LAW TO THE RYE BROOK PLANNING BOARD AND THE WESTCHESTER COUNTY PLANNING DEPARTMENT, AND SETTING A PUBLIC HEARING DATE TO CONSIDER SUCH LOCAL LAW On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand shared a letter that he sent to George Lattimer regarding installation of a wood fence or barrier along I287. Trustee Buzin noted that Rye Brook is a small Village in Mr. Lattimer's jurisdiction, but he is always available for Rye Brook. Board of Trustees Meeting March 14,2006 Page 31 Mayor Rand announced that the Reverse 911 Program is ready. Everyone has been through the training, and all of the equipment is in place. Mayor Rand, the Board of Trustees, and Mr. Bradbury urged everyone to vote on Tuesday, March 21st. Trustee Feinstein thanked the Village Staff for all of their hard work in connection with the elections. Mayor Rand noted that the next Board of Trustee meetings were scheduled for March 28, 2006 and April 11, 2006. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the meeting was adjourned at 10:00 p.m. Board of Trustees Meeting March 14,2006 Page 32