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HomeMy WebLinkAbout2006-05-23 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL 938 KING STREET TUESDAY, MAY 23, 2006— 7:30 P.M. AGENDA EXECUTIVE SESSION: Legal Matters —7:00 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS RESOLUTIONS: 1) REFERRING A LOCAL LAW AMENDING CHAPTER 250-34 OF THE VILLAGE CODE REGARDING THE H-1 HOTEL DISTRICT TO THE PLANNING BOARD AND WESTCHESTER COUNTY DEPARTMENT OF PLANNING 2) SETTING A PUBLIC HEARING FOR AMENDED SITE PLAN APPROVAL FOR CHANGE OF USE OF WIN RIDGE REALTY, LLC 3) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(G) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACK IN THE R-20 DISTRICT 4) APPROVING MINUTES: MARCH 28, 2006 MORATORIUM APPEALS: 1) CONTINUATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 41 HILLANDALE ROAD Board of Trustees Meeting May 23, 2006 Page 1 2) CONTINUATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 22 BEECHWOOD BOULEVARD ENGINEER'S REPORT: 1) ANNUAL STORMWATER REPORT ON FEDERAL PHASE II REGULATIONS OLD BUSINESS: 1) DISCUSSION OF PROPOSED LOCAL LAW CREATING A BUILDING PERMIT AMNESTY PROGRAM FOR ONE AND TWO FAMILY HOMES NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING UPCOMING BOARD OF TRUSTEES MEETINGS: June 13, 2006 and June 27, 2006 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg Excused: Trustee Pat Sanders-Romano STAFF: Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Excused: Christopher Bradbury, Village Administrator Board of Trustees Meeting May 23, 2006 Page 2 CONVENE: Mayor Lawrence Rand welcomed everyone to the May 23, 2006 Regular Board of Trustees Meeting. He noted that there were two (2) excused absences. Trustee Patricia Sanders-Romano was attending an out-of-town meeting, and the Village's Administrator, Mr. Christopher Bradbury, was attending a seminar. He noted that there were no public hearings on the agenda and, with the Board's consensus the agenda would be taken slightly out of order. Mayor Rand called for the first resolution on the agenda. RESOLUTIONS: 1) REFERRING A LOCAL LAW AMENDING CHAPTER 250-34 OF THE VILLAGE CODE REGARDING THE H-1 HOTEL DISTRICT TO THE PLANNING BOARD AND WESTCHESTER COUNTY DEPARTMENT OF PLANNING Edward Beane, Esq., Village Counsel, gave a brief presentation of the matter. He noted that this resolution refers the review of the amendments to Chapter 250-34 of the Village's Code, changing the district from an H-1 Hotel District to a Residential District to both the Planning Board and Westchester County. The Planning Board will be serving in an advisory position, and the Board of Trustees will be acting as the Lead Agency for the residential project review. The proposed residential project will comprise of 43 units. RESOLUTION REFERRING LOCAL LAW AMENDING CHAPTER 250-34 OF THE VILLAGE CODE REGARDING THE H-1 HOTEL DISTRICT TO THE PLANNING BOARD AND WESTCHESTER COUNTY DEPARTMENT OF PLANNING WHEREAS, the Board of Trustees has introduced a Local Law to amend Chapter 250-34 of the Code of the Village of Rye Brook regarding the H-1 Hotel District. NOW, THEREFORE, BE IT RESOLVED, that the proposed Local Law be referred to the Westchester County Department of Planning and to the Planning Board for a report and recommendation. Trustee Joan Feinstein noted that this Chapter of the Village's Code encompasses other properties. The changes to the zoning district could apply to the Hilton and Arrowwood, and this could cause problems. Mr. Beane noted that the scope of the Board of Trustees Meeting May 23, 2006 Page 3 changes could be narrowed to ensure that the changes only encompassed the Garden Inn property. John Wagner, Esq., representative for the applicant, addressed the Board. He noted that he submitted some suggested changes to various provisions throughout the Code. He noted that the language he used limited the amendments to this particular case. On a motion made by Trustee Feinstein, and seconded by Trustee Paul Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) SETTING A PUBLIC HEARING FOR AMENDED SITE PLAN APPROVAL FOR CHANGE OF USE OF WIN RIDGE REALTY, LLC Mr. Beane read the following resolution: RESOLUTION SETTING PUBLIC HEARING FOR AMENDED SITE PLAN APPROVAL FOR CHANGE OF USE OF WIN RIDGE REALTY, LLC WHEREAS, the Board of Trustees is in receipt of an application by Win Ridge Realty, LLC for approval of a change in use to an approved site plan for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue in Section 1, Block 22, Lots 3, 3A and 4A-A of the Town of Rye Tax Map and located in the C1-P Zoning District; and WHEREAS, this proposed change in use has been reviewed by the Planning Board which has recommended that amended site plan application for a change in use be granted. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a public hearing on June 13, 2006 at the Village Halls, 938 King Street, Rye Brook, New York to consider the proposed amended site plan application for a change in use of Win Ridge Realty, LLC Board of Trustees Meeting May 23, 2006 Page 4 Mayor Rand noted that the Planning Board reviewed this application and referred the matter back to the Board of Trustees. The Planning Board attached a caveat to its recommendation. Steven Silberberg, Esq., representative for the applicant, addressed the Board. He noted that the applicant was aware of the caveat and that the applicant's architect and engineer have been meeting with the police and fire departments, and the Village's consultants regarding the traffic issue that has been raised. The applicant is hopeful that they will be able to come up solution. Another meeting was scheduled for June. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(G) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACK IN THE R-20 DISTRICT Mr. Beane read the following resolution: RESOLUTION SETTING PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(G) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACK IN THE R-20 DISTRICT WHEREAS, the Board of Trustees has introduced a Local Law to amend Chapter 250-19(G) of the Code of the Village of Rye Brook regarding front yard setbacks in the R-20 District; and WHEREAS, at its regular meeting held May 11, 2006, the Planning Board unanimously recommended approval of the proposed local law. Board of Trustees Meeting May 23, 2006 Page 5 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 13, 2006 on the proposed local law amending Chapter 250-19(E) of the Village Code regarding front yard setbacks in the R-20 Zoning District. Mayor Rand called upon Ms. Timpone-Mohamed, Village Consultant, for a brief review of the matter. Ms. Timpone-Mohamed began the discussion by noting that there had been confusion in the application of this section of the Zoning Code in terms of calculating the required front yard for properties in the R-20 Zone. As the section was originally written there were some ambiguities that caused problems when deciding which were the closest properties and which properties would be used to create the average setback. There were small corrections/additions to the regulations. As the Planning Board reviewed this matter, it was decided that they would add the diagrams that were part of the large lot sub-division study into the Code. This would make the intent very clear. There were certain issues that came up regarding the kinds of streetscapes that exist within Rye Brook. Each street within the R-20 Zone has a different character. It was felt that it was imperative that the lots used to calculate the average should be on the same side of the street. This means that the two adjacent lots with buildings should be used in making the calculations. Corner lots have two front yard setbacks because they front on two streets. In order to calculate the front yard setback the two closest lots on the street are taken, and then the two closest lots around the corner are taken. The average is calculated using the average setback. Hopefully the explanation and formula that has been placed into the Code will make it easier for residents, consultants, and Village staff and consultants to calculate the front yard setback. Nothing is being changed, but rather only clarified. This matter has been referred to the Westchester County Planning Department. The public hearing can be placed on the June 13tH agenda. Trustee Rosenberg noted that this issue was raised because the question of setbacks came up for homes on a circular roadway. He wanted to be sure that the law, as amended, covered rotaries. Ms. Timpone-Mohamed responded that there is one shortcoming of the law as it exists now, and that is how it is applied to a rotary. The rotary in Rye Brook is not named as an official street, however, it is a public street. Therefore, additional language should be added to the Village's Code to address the rotary, or specifically Beechwood Circle. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting May 23, 2006 Page 6 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand moved to the Old Business portion of the agenda: OLD BUSINESS 1) DISCUSSION OF PROPOSED LOCAL LAW CREATING A BUILDING PERMIT AMNESTY PROGRAM FOR ONE AND TWO FAMILY HOMES Trustee Feinstein noted that the Board has been discussing enacting an amnesty program for those residents who have made improvements to their homes — additions, alterations, etc. — and who never applied for or received a Certificate of Occupancy. There is a $900.00 fine assessed when these matters are brought to the Village's attention. This assessment is scheduled to go up as of June 1, 2006. At this time the Village is looking to grant amnesty to those residents who come forward during the timeframe to be determined, and the fine would be waived. The goal of this program is the pursuit of safety. The suggested timeframe of the program would be one year, until May 31, 2007. As individuals come forward, the Village's Building Department would be responsible for the inspections. This means that the Village will deal with all permits; building, electrical, and/or plumbing that are necessary and that have not been obtained. The Board discussed the types of renovations that would have to go before the Architectural Review Board. It was decided that a waiver for appearances at the Architectural Review Board would be incorporated in the process. Many times residents do not discover that they do not have a Certificate of Occupancy until it is time to sell their home. This program allows for residents to check and make sure that they have legalized all renovations without being assessed the administrative fine. Trustee Rosenberg noted that the hope is to bring in as many people as possible during the amnesty program. Although the provision applies to everyone, the waiver for appearance at the Architectural Review Board must be reviewed. Victor Carosi, Village Engineer, noted that there were additional issues to be addressed, i.e.: if a foundation wall of a building (basement) comes out of the ground is less than 5' above the mean level then it can be considered a story. Language must be added to the Village's Code to determine if the area of the Board of Trustees Meeting May 23, 2006 Page 7 basement is calculated towards the overall gross floor area of a building. Currently if a basement wall is less than 5' tall, the basement area is not included in the gross floor area calculations. Mayor Rand noted that this is not geared to be punitive. It is geared to make sure that every living space within the Village is up to Code and is safe. Trustee Feinstein noted that the incentive for amnesty now is the $900.00 waiver, which will be going up and will be a percentage of the construction. The hope is to educate the public on the requirements for which permits are required. This is not a way to get around the Code, but rather a way to induce residents to come in and legalize their homes. Mayor Rand noted that the resolution for this matter, now resolution #4 on the agenda, would set a public hearing on this matter. Mr. Beane read the following resolution: RESOLUTION SETTING PUBLIC HEARING ON A PROPOSED LOCAL LAW CREATING A BUILDING PERMIT AMNESTY PROGRAM FOR ONE AND TWO FAMILY HOMES WHEREAS, a building permit is required to erect, enlarge or structurally alter any building or other structure in the Village of Rye Brook; and WHEREAS, there currently is an administrative fine assessed against property owners who may not have secured the required building permit(s) for such activities; and WHEREAS, the Village Board wishes to encourage compliance with the building permit requirements by offering a suspension of the administrative fine for a limited time period in the interest of safety; and WHEREAS, it is in the interest of Rye Brook property owners to contact the Building Department to determine if they needed building permits, or if there is an applicable Certificate of Occupancy for their property, as this information is for their own safety and may also be needed to transfer or refinance their property at a future date; and Board of Trustees Meeting May 23, 2006 Page 8 WHEREAS, a local law has been introduced to create a building permit amnesty program for one and two family homes to assist residents to be in compliance with building codes in the interest of safety. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 13, 2006 on the proposed local law creating a building permit amnesty program for one and two family homes. It was noted that all residents are included in the proposed amnesty program. It was also pointed out that the waiver would only be for the appearance before the Architectural Review Board. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ENGINEER'S REPORT: 1) ANNUAL STORMWATER REPORT ON FEDERAL PHASE II REGULATIONS It was noted that the Village's Engineer is required to provide an annual storm water report on Federal regulations. Mayor Rand noted that this report is part of the record, and annexed to this report. Mr. Victor Carosi, Village Engineer, addressed the Board. He began by noting that this storm water report covers the guidelines from the Department of Environmental Conservation in connection with storm drains as an outflow into the local water. The DEC is beginning to look at the approval of water quality as part of the original 1972 Water Act. All points of discharge into streams should be regulated, controlled, and monitored. The goal is to improve water quality. There is a multi-step program that has been put into place with the Village of Rye Brook. A series of steps has been put into place to map out the storm water system in the Village. This is the third year of a five-year program. This information has been Board of Trustees Meeting May 23, 2006 Page 9 incorporated into the Planning Board's review of the homes within the Village. This review encompasses storm water management and erosion control. Mr. Carosi noted that the Village is a member of Long Island Sound Water Shed (LISWS). There is a grant in place to do some GIS mapping with surrounding communities. Mapping will begin this year. The Village has a program to educate its residents regarding storm water quality. The idea is to get residents to recognize that significant storm water pollution includes over use of pesticides on lawns. Everyone has been asked to try and minimize the use of chemicals on lawns. These chemicals runoff the lawns and eventually end up in the Blind Brook. The objective is to improve water quality, and a well-functioning infrastructure. Storm water treatment is another aspect. The pond in the front of the ball field will take the pollutants from the parking area — before the discharge into the local infrastructure. The Planning Board is reviewing a version of the storm water law that the permit process requires be adopted. Rye Brook is a fairly well developed Village, but the Planning Board will continue to work with all projects to reach the goal of improving water quality and storm water retention. Additional information is available on the Village's website. Mr. Carosi noted that the Village participates in other outreach programs. Mr. Carosi noted that moving forward there is maintenance on a municipal basis that will increase the overall awareness. In addition, the Village will continue to try and get information out to the public about storm water quality. Mayor Rand noted that this review is part of the larger picture. The water that runs into the catch basins eventually ends up in the Long Island Sound. 4) APPROVAL OF MINUTES: MARCH 28, 2006 After a brief discussion by the Board, this matter was adjourned to the next meeting. Board of Trustees Meeting May 23, 2006 Page 10 MORATORIUM APPEALS: 1) CONTINUATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 41 HILLANDALE ROAD The applicant addressed the Board. He noted that he has torn down an existing structure on 21 Hillandale Road and is waiting for permission to construct a new home. The new home that will be constructed is going up on the same footprint that currently exists. The property is 1.18 acres. He noted that he began the process in August of 2005, and that he has been working with the Village in order to build a beautiful home. Now he is caught in the middle, and this is taking a tremendous financial toll on this family. The Moratorium has caused an additional hardship, and he respectfully requested that this economic toll be considered by the Village Board and that a waiver be granted. He understood that the Task Force that was assigned to review this matter is nearing the end of its review. Trustee Rosenberg stated the Village Board was still waiting to hear from the Task Force. He also noted that it was his opinion that the applicant still had some work to do in terms with working with the Building Department. He questioned whether or not it was finalized to the Village Engineer's satisfaction, and ready to go to the Planning Board. Mr. Carosi noted that there was additional review to be completed before the matter could be heard by the Planning Board. Mayor Rand noted that at a previous meeting Trustee Sanders-Romano, who was absent for this meeting, had expressed concern regarding the height of the new home. The applicant noted that he was below the maximum height of a building in Rye Brook. Trustee Feinstein agreed that the Board of Trustees was waiting for additional information from the Task Force. She noted that this application was a teardown, and the exact type of application that the Moratorium was looking to review. Although she understood the applicant's plight, the provisions of the local law needed to be adhered to. Trustee Michael Brown stated that he had the same difficulty as Trustee Feinstein. There was nothing to judge the waiver on. The Task Force is working on the review in order to give the Board of Trustees a guideline. The decision must be based upon what is received from the Task Force. He agreed with Trustee Feinstein that this was an unfortunate delay for the applicant, and a financial hardship, but noted that he could not make a decision without the input from the Task Force. Board of Trustees Meeting May 23, 2006 Page 11 The applicant was unsure of what else he could do to move this matter forward. He noted that he is trying to build a beautiful home for his family. Mayor Rand stated that the Board members were very sympathetic and that they have heard and understood the applicant's concerns. He stressed that the purpose of the Moratorium was not directed at any project, and that the purpose of the Moratorium was not to prevent construction in the Byram Ridge area. In fact, the Board is aware that many of the homes in this area are in need of major improvements. This Moratorium is a temporary hold so that the entire Byram Ridge area can be reviewed holistically. The report by the Task Force is moving ahead expeditiously, and may even be completed before the deadline. It is important for everyone to understand that it is hard to appeal something that goes against the reason for the Moratorium. This is a large project that needs to be reviewed. He noted that he was not comfortable overriding the concept of the freeze at this point. The Board will have feedback by the June 27th Board meeting. 2) CONTINUATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 22 BEECHWOOD BOULEVARD Mrs. Numme, the applicant, addressed the Board. She noted that she heard and understood everything that the Board had said to the previous applicant. Trustee Feinstein noted that this was not a complete teardown, however a substantial amount of renovations have been proposed. Mayor Rand noted that there may be the need to appear before the Zoning Board of Appeals on several issues. Mayor Rand noted that there would be an Executive Session after the meeting regarding Litigation. Board of Trustees Meeting May 23, 2006 Page 12 Trustee Feinstein asked for an update on Reckson. Mr. Beane noted that he has been attempting to get the information from the applicant but to-date has not received a response. Mayor Rand noted that he would assist in the follow up. Mayor Rand announced that the Friends of the Port Chester Library held a spelling bee two weeks ago at the Capitol Theater for grades 3 through 5. Students from the Blind Brook and Port Chester School Districts attended. The students were spectacular. Funds from this event were raised for the Port Chester Public Library. Mayor Rand announced that the Rye Brook Birthday Party was scheduled for Saturday, June 17, 2006. This is also Volunteer Appreciation Day. He extended an invitation to all residents to come and enjoy the festivities. The Department of Transportation was approached for additional funds to do some improvements to the Grant Street/287 area. George Latimer, Assembly Representative, brought up the issue of constructing Sound Barriers between the two properties. Unfortunately, this project is not on the list for upcoming construction projects and the State is not in the position to undertake the analysis. Mayor Rand thanked Assemblyman Latimer for his hard worked. Mayor Rand called for any members of the public wishing to address the Board. There being no one, he called for a motion to go into Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the meeting was adjourned and the Board went into an Executive Session at 9:10 p.m. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting May 23, 2006 Page 13