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HomeMy WebLinkAbout2006-06-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 13, 2006-7:30 P.M 7:00p.m. Executive Session-Legal Matters & Personnel ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: 1) Report by Town Assessor on notices of assessed values and challenges of assessments. 2) Report of the Byram Ridge Task Force. PUBLIC HEARINGS: 1) Proposed local law amending Chapter 240-20(E) of the Village Code modifying the alternate side of the street parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street. 2) Proposed local law amending Chapter 240-20(A) of the Village Code to prohibit all- night, alternate side of the street parking on Maywood Avenue. 3) Proposed local law establishing an amnesty program for work performed or completed without a permit. 4) Proposed local law amending Chapter 250-19(E) of the Village Code regarding front yard setbacks in the R-20 Zoning District. 5) Amended site plan application for a change in use of Win Ridge Realty, LLC, for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue. RESOLUTIONS: 1) Considering a proposed local law amending Chapter 240-20(E) of the Village Code modifying the alternate side of the street parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street. Board of Trustees Meeting June 13,2006 Page 1 2) Considering a proposed local law amending Chapter 240-20(A) of the Village Code to prohibit all-night, alternate side of the street parking on Maywood Avenue. 3) Considering a proposed local law establishing an amnesty program for work performed or completed without a permit. 4) Considering a proposed local law amending Chapter 250-19(E) of the Village Code regarding front yard setbacks in the R-20 Zoning District. 5) Considering a site plan application for a change in use by Win Ridge Realty, LLC, for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue. 6) Setting a public hearing on an application of an amended site plan from Win Ridge Realty, LLC, for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue. 7) Appointing an Administrative Intern. 8) Authorizing the renewal of a Westchester County Department of Health food service permit application to operate a food service establishment at the Anthony J. Posillipo Community Center. 9) Authorizing the reallocation of funds in Friends of Rye Brook Account for the Rye Brook Birthday Celebration. 10)Considering adoption of Village of Rye Brook Cyber Security Citizen's Notification Policy. 11)Approval of Minutes: May 9, 2006 Special Meeting MORATORIUM APPEALS: 1) Consideration of an appeal of the 2006 Interim Development Law for a Site Plan application at 18 Woodland Drive. 2) Consideration of an appeal of the 2006 Interim Development Law for a Site Plan application at 38 Woodland Drive. ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: Board of Trustees Meeting June 13,2006 Page 2 DISCUSSION ITEMS: 1) Creation of Tree Replacement Program. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING PRESENT: BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders Romano Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Marilyn Timpone-Mohamed, Village Consultant CONVENE Mayor Rand called the meeting to order at 7:30 p.m., beginning with the Pledge of Allegiance. Mayor Rand noted that the Village had used the Reverse 911 system to notify the public of the first report on the agenda in order to test the system, however not everyone received the message. It was the first time the Village tried using the system and there are still some issues that need to be corrected with the system. Mayor Rand called for the first report on the agenda. REPORT: 1) REPORT BY TOWN ASSESSOR ON NOTICES OF ASSESSED VALUES AND CHALLENGES OF ASSESSMENTS. Mitchell Markowitz, Town Assessor, addressed the Board regarding the property assessment process. The current market softness in the real estate market will not be reflected on the assessment roll until next year due to the fact that the assessment roll has a tentative date of June 1, 2006. The date of value upon which the assessment roll is based is July 1, 2005. Property value taxes are applied to the previous years assessment. Board of Trustees Meeting June 13,2006 Page 3 This time delay is important because it allows the Town to synchronize the Town evaluation date with the date the State of New York utilizes for equalization rate measurements. The Town wants to maintain itself at one hundred percent of market value. The State of New York measures our percent of value on the July Ist date. It took several laws of local legislation, enacted through Westchester County, to allow towns within Westchester County to utilize a date other than the previously utilized date of January 1 st Mr. Markowitz also stated that the Town of Rye contains a total of 10,959 parcels, of which approximately 10,000, or 90%, received a change in assessment notice this year. This is in contrast with 2005 in which 6,500 parcels town wide received a change in assessment notice. The Village of Rye Brook comprises 3,387 parcels. Mr. Markowtiz also noted that assessment increases is only reflecting market value, which is affected by changes in the market place. This doesn't necessarily mean that individual property taxes are going up by the amount the assessment has changed. With the exception of budget increases, if everyone's assessment goes up the tax rate will decline. Mr. Markowitz also stated that Town wide the taxable portion of the assessment roll increased 7.7%. Within the Village of Rye Brook the taxable portion of the assessment roll increased 6.9% from 2005 to 2006. The increases were across different properties and different neighborhoods. One family dwellings had an increased assessment of approximately 6% from 2005 to 2006. This is an increase of average assessment in Rye Brook from $762,000 in 2005 to $808,000 in 2006. The properties that were affected the greatest were the four family dwellings (and larger) and commercial properties. Mr. Markowitz understands that there were people in the community that received virtually no changes as well as others that received substantial changes. This assessment varied by location and by property type. Mr. Markowitz also described the process of how to file a challenge to a review of your assessment. The first step in seeking a re-assessment is to make a formal complaint to the local Board of Assessment (BAR). If you are not satisfied by the action of the BAR, the next recourse for all property owners is to file a Small Claims Assessment Review (SCAR). This is a separate process from the Town Board of Assessment review and allows an additional outlet for people to contest their review. In order to file a real property complaint (the first step) you will need your change in assessment notice, your property record card, and any supporting documentation that you may have which suggests that your assessment is incorrect. Other relevant supporting documentation includes a recent purchase contract, contract of sale and offering prices if you are trying to sell your home. There is also information available on the New York State website at www.orps.state.ny.us. This website (under the "complaints" section) will provide you with forms, detailed explanation, and other information on how the assessment process works. The Town Assessment office also has a pamphlet that contains detailed instructions on how to file the form and what the criteria are. Important dates to remember are evaluation date (July 1, 2005), the roll date (June 1, 2006), Grievance Day Board of Trustees Meeting June 13,2006 Page 4 (the third Tuesday of June or for this year June 20, 2006). Attendance is not mandatory at the Board of Assessment Review meeting, however a complaint needs to be filed if you would like to challenge your assessment. The BAR meeting will take place on June 20, 2006 at the Court room in 10 Pearl Street, between 1:30 p.m. and 4:30 p.m. and 6:00 p.m. and 8:00 p.m. The Town Assessment office has made available to the public multiple copies of all sales of properties within the Village of Rye Brook in order to help individuals analyze what the market value is. Over the course of the summer, the BAR will look at every complaint submitted and mail a letter to the applicant stating what the results of the review are. Christopher Bradbury noted that this is a process that the Town will have to go through each year, in order that the properties remain at 100% market value. Mr. Bradbury also noted that the Towns overall assessment roll has just increased, $179 million. The homestead (residential homes) has increased $135 million, or a 6% increase. This assessment will be applied in the 2007-2008 budget for the Village of Rye Brook. The tax rates are the amount of money collected in taxes for every thousand dollars that a property is assessed at. The tax rate is created by dividing the Village's budget by the total assessment rate, which is expressed in dollars per thousand. Overall, a higher total assessed value would result in a lower tax rate, whereas a lower total assessed value would result in a higher tax rate. In either case, the overall tax levied by the village would remain the same. Multiplying the total assessed value by the tax rate, then dividing this amount by one thousand creates the amount of taxes paid per property. Mayor Rand called for the second report on the agenda. 2) REPORT OF THE BYRAM RIDGE TASK FORCE. The Chairperson of the Byram Ridge Task Force, Trustee Sanders Romano, addressed the public. A preliminary report has been drafted and will be posted on the village website on June 14, 2006. The Task Force has met five times. The Task Force unanimously agreed with the results of the final product. The Task Force also agreed that it is important to keep the results of the moratorium simple and easily enforceable. There was a general consensus among the Task Force members that the intent of this report be sensitive to the trends in residential construction, but to try to prevent some of the new or significantly modified homes that appear to be upscale in character within the Byram Ridge area. The Task Force studied and analyzed land use, bulk and dimensional characteristics of existing and proposed homes to gauge its recommendations against actual experience. The analysis was helpful in modifying or dismissing some preliminary recommendations as being either too restrictive or ineffective. The Task Force also attempted to avoid recommendations that would result in a significant number of nonconformities to existing homes in the area, however further analysis of the extent of nonconformities is recommended. Board of Trustees Meeting June 13,2006 Page 5 Trustees Sanders Romano summarized the recommendations of the Task Force. Trustee Romano stated that continued vigilance is needed regarding drainage issues, increase in front and side yard setbacks, lower height setbacks ratios, limitation of front yard impervious surfaces, and regulate gross floor areas. The Task Force determined that up zoning was not a viable alternative due to the fact that it would yield too many nonconforming lots. All adopted code revisions should be applied to all lots in the R-20 Zone in order to ensure that future subdivisions are subject to the same requirements. In addition, all codes should be more restrictive and allow the ZBA to grant appeals as appropriate. The Task Force also felt that there is a need for architectural and design guidelines. In addition, the Board of Trustees should consider these recommendations, submitted by the Task Force, to apply to the village as a whole. Trustee Feinstein made a motion to accept the recommendations of the Task Force and to request Village Staff to draft appropriate legislation. Trustee Rosenberg seconded this motion. This action was adopted. TRUSTEE BROWN VOTING AVE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the seventh resolution on the agenda. RESOLUTIONS: 7) APPOINTING AN ADMINISTRATIVE INTERN. Mr. Bradbury read the resolution. RESOLUTION APPOINTING AN ADMINISTRATIVE INTERN RESOLVED, that David Burke of 144 Willow Lane, Scotia,New York, is hereby appointed to the position of Administrative Intern with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $40,000 with an effective start date no later than June 26, 2006. Board of Trustees Meeting June 13,2006 Page 6 On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the first public hearing on the agenda. PUBLIC HEARINGS: 1) PROPOSED LOCAL LAW AMENDING CHAPTER 240-20(E) OF THE VILLAGE CODE MODIFYING THE ALTERNATE SIDE OF THE STREET PARKING ON HIGHVIEW AVENUE, WESTVIEW AVENUE, ROANOKE AVENUE,AND PART OF DIXON STREET. Mr. Bradbury addressed the Board. Several months ago, the Village enacted legislation that created alternate side parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street. When the legislation was enacted the Village agreed to review this matter at a later date to determine the effect this action has had. Although this action has been beneficial in providing greater access to emergency vehicles and the maintenance of the roads, it has also become burdensome to the residents in the area. Alternate side of the street parking is still preferred, however we are seeking to make legislation a little less restrictive in order to reduce the burden to residents in the area. The Traffic Commission has reviewed these regulations and has submitted recommendations to the Board of Trustees. This legislation would limit the switch to two times per week. Donna Galgano, of Roanoke Avenue, addressed the Board. Mrs. Galgano stated that she opposes the current parking restrictions as well as the proposed legislation. These regulations are intolerable and unfair to the residents in the area, and have affected the quality of living in the area. Mrs. Galgano also stated that these restrictions also adversely affect the salability of her home. Mike Gianco, of 21 Westview Avenue, addressed the Board. This legislation has become a real burden to the residents and alternate side of the street parking is not the answer. Mr. Gianco stated that there should be permit parking in the street. This is a real inconvenience and he wishes the Village would rethink alternate side of the street parking in this are. Mr. Bradbury addressed the Board. Mr. Bradbury stated that unfortunately, New York State prohibits the Village from establishing a permit parking system on public streets. Board of Trustees Meeting June 13,2006 Page 7 Trustee Rosenberg addressed the public. Trustee Rosenberg stated that when this initial legislation was adopted he voted against it because he felt it was an undue hardship to residents in the area. Tonight he is voting in favor of the proposed legislation only because he fells that it would be less restrictive, therefore less of an undue hardship to the public. Trustee Rosenberg also asked the administrator to give an update regarding the Safe Housing Task Force and illegal housing. Mr. Bradbury addressed Trustee Rosenberg's comments. Mr. Bradbury stated that he is pleased to announce that the Village is in the process of preparing a report to the Board regarding this matter. Complaints are being reported to the Village Building Department and the Village Code Enforcement Officer is being very aggressive regarding illegal housing. We are either getting complaints or bringing violators to court. April Chonco, of 21 Westview Avenue, addressed the Board. She asked the Board if the hours of the restrictions could be modified in order to relieve the burden to the residents. The Mayor stated that the Board would consider this recommendation. Trustee Feinstein suggested that the time that parking is restricted be modified from 8:00 a.m. to 10:00 a.m. Trustee Sanders Romano addressed the public. She stated that if this legislation is passed, she is requesting that the Traffic Commission review this matter again in six months. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the time restricting parking was amended from 8:00 a.m. to 10:00 a.m. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AVE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting June 13,2006 Page 8 RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240-20(E) OF THE VILLAGE CODE MODIFYING THE ALTERNATE SIDE OF THE STREET PARKING ON HIGHVIEW AVENUE, WESTVIEW AVENUE, ROANOKE AVENUE, AND PART OF DIXON STREET. Mr. Bradbury read the resolution. RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240-20(E) OF THE VILLAGE CODE MODIFYING THE ALTERNATE SIDE OF THE STREET PARKING ON HIGHVIEW AVENUE,WESTVIEW AVENUE, ROANOKE AVENUE, AND PART OF DIXON STREET WHEREAS, at the request of the Village Board, the Traffic Commission has reviewed the current alternate side of the street parking restrictions on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street; and WHEREAS, the Traffic Commission has recommended that the Village Board amend the Village Code to limit the number of times residents are required to move their vehicles on these streets; and WHEREAS, an amended local law has been proposed and a public hearing held offering anyone the opportunity to be heard on this matter. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves the proposed local law amending Chapter 240-20(E) of the Village Code modifying the alternate side of street parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign any documents necessary to implement the purposes of this resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting June 13,2006 Page 9 Mayor Rand called for the second public hearing on the agenda. 2) PROPOSED LOCAL LAW AMENDING CHAPTER 240-20(A) OF THE VILLAGE CODE TO PROHIBIT ALL-NIGHT, ALTERNATE SIDE OF THE STREET PARKING ON MAYWOOD AVENUE. Mr. Bradbury addressed the Board. This law would prohibit parking in the streets during the winter months from 2:00 a.m. to 6:00 a.m. This issue has been reviewed by the Traffic Commission and recommended adopting the proposed local law. Mary O'Donahue, of 7 Maywood Avenue, addressed the Board. She stated there has never been a problem on Maywood Avenue and there is very few cars that park on the street. She asked why this law is being proposed. Mr. Bradbury addressed the Board. He stated that this law is being proposed so the streets can be properly plowed during snowstorms. Joe Bohan, of 15 Maywood Avenue, addressed the Board. He stated he agreed with the resident of 7 Maywood Avenue. This is a mistake and is not an issue where emergency vehicles cannot drive down the streets. Trustee Rosenberg addressed the public. He stated that this is not an issue regarding emergency vehicle access therefore he does not feel that this law should be enacted. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second resolution on the agenda. RESOLUTION: 2) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240-20(A) OF THE VILLAGE CODE TO PROHIBIT ALL-NIGHT, ALTERNATE SIDE OF THE STREET PARKING ON MAYWOOD AVENUE. Mr. Bradbury read the resolution. RESOLUTION Board of Trustees Meeting June 13,2006 Page 10 CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240-20(A) TO PROHIBIT ALL NIGHT, ALTERNATE SIDE OF THE STREET PARKING ON MAYWOOD AVENUE WHEREAS, the vast majority of the streets in the Village of Rye Brook have winter parking restrictions requiring that vehicles cannot park on public streets between 2:00 a.m. and 6:00 a.m. from November 15 to March 15 in order to facilitate public works operations for snow plowing and icy conditions; and WHEREAS, the Village Engineer and Traffic Commission have recommended that the Village Board amend the Village Code to eliminate Maywood Avenue as a street that is currently permitted to have all-night, alternate side of the street parking between 2:00 a.m. and 6:00 a.m. from November 15 to March 15; and WHEREAS, the reason for this recommendation is that residents do not regularly park on the street overnight during the winter months making the alternate side of the street parking restrictions unnecessary; and WHEREAS, a proposed local law has been prepared and a public hearing held offering anyone the opportunity to be heard on this matter. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves the proposed local law amending Chapter 240-20(A) of the Village Code to prohibit all-night, alternate side of the street parking on Maywood Avenue; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign any documents necessary to implement the purposes of this resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was not adopted. TRUSTEE BROWN VOTING NAY TRUSTEE FEINSTEIN VOTING NAY TRUSTEE SANDERS ROMANO VOTING NAY TRUSTEE ROSENBERG VOTING NAY MAYOR RAND VOTING NAY Mayor Rand called for the third public hearing on the agenda 3) PROPOSED LOCAL LAW ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT. Board of Trustees Meeting June 13,2006 Page 11 Trustee Feinstein addressed the Board regarding this proposed legislation. She stated that this proposed legislation would create an amnesty period for work that has been performed without obtaining a permit. The purpose of this legislation is to give residents the opportunity to be in compliance with our ordinances, as the goal is to have everyone compliant. This is a safety issue and the program would waive the $900 administrative fee. We are trying to give an incentive to come forward and be compliant. As of June 1, 2006, the administrative fees are going up significantly. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, section 2, subsection (ii) of the local law was amended to read 20%. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AVE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the third resolution on the agenda. RESOLUTION: 3) CONSIDERING A PROPOSED LOCAL LAW ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT WHEREAS, the Village Board urges all property owners to file for the proper building department permits, and or other permits, to ensure that all construction work is performed in compliance with local and state building codes; and Board of Trustees Meeting June 13,2006 Page 12 WHEREAS, the Village Board recognizes that over the years certain property owners or prior property owners may have performed construction work without obtaining the proper building permits, and or other permits, or certificates of occupancy; and WHEREAS, a proposed local law has been prepared to create an amnesty program that temporarily waives the administrative penalty for work performed without a building permit; and WHEREAS, the primary purpose of this amnesty program is to seek safer construction and code compliance, along with additional benefits such as bringing property records up to date which would help residents at the time of the refinancing or sale of their homes; and WHEREAS, the Village Board encourages all property owners to contact the Building Department to check if they may have needed a building, or other permit for work previously performed, or to see if they have an open building permit or a certificate of occupancy for their property. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves the proposed local law establishing an amnesty program for work perforined or completed without a permit; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign any documents necessary to implement the purposes of this resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AVE MAYOR RAND VOTING AYE Mayor Rand called for the fourth public hearing on the agenda 4) PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(E) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACKS IN THE R-20 ZONING DISTRICT. Mr. Bradbury addressed the Board. He stated that the purpose of this proposed local law is to modify and clarify what the regulations are for the front yard setbacks in the R-20 Zoning District. Board of Trustees Meeting June 13,2006 Page 13 On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the fourth resolution on the agenda. RESOLUTION: 4) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(E) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACKS IN THE R- 20 ZONING DISTRICT. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(E) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACKS IN THE R-20 ZONING DISTRICT WHEREAS, the Planning Board has reviewed and recommended approval of a proposed local law amending Chapter 250-19(E) of the Village Code regarding front yard setbacks in the R-20 Zoning District; and WHEREAS, a proposed duly noticed public hearing was held on June 13, 2006, offering anyone an opportunity to be heard on this matter, and such hearing was subsequently closed. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves the proposed local law amending Chapter 250-19(e) of the Village Code regarding front yard setbacks in the R-20 Zoning District.; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign any documents necessary to implement the purposes of this resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE Board of Trustees Meeting June 13,2006 Page 14 TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the fifth public hearing on the agenda. 5) AMENDED SITE PLAN APPLICATION FOR A CHANGE IN USE OF WIN RIDGE REALTY, LLC, FOR THE RYE RIDGE SHOPPING CENTER LOCATED AT THE INTERSECTION OF SOUTH RIDGE STREET AND BOWMAN AVENUE. Mr. Bradbury addressed the Board. This application was referred to the Planning Board for recommendation regarding both parking modifications as well as change of use. This current public hearing is only addressing the change of use. The parking modifications will be discussed at a later time. The applicant's representative, Stephen Silverberg, of Silverberg Zalantis, addressed the Board. This application is seeking a change in use of approximately six thousand (6,000) square feet in the plaza building, converting from medical use to retail. The portion involving the use change has been referred from the Planning Board to the Board of Trustees. During the Planning Boards review, it was determined that there would be no adverse impact on parking and traffic other than a possible beneficial affect due to the fact that it would be changing from a medical office to retail. Trustee Feinstein addressed the applicant's representative. She asked if the Planning Board reviewed the traffic study, created by John Meyer Consulting, during its May 11, 2006 approval decision. Stephen Silverberg stated that there was a traffic study submitted to the Planning Board. Following this review. Herbert Adler, representing several tenants located in the Rye Ridge Plaza, addressed the Board. The tenants are concerned that the building is being converted into a retail center. He stated that this building was originally zoned for a mixed-use purpose. He stated that if you were to aggregate the parking on this site, it would be in violation of the code. Mr. Adler also stated that if you changed thirty-three thousand (33,000) square feet from office use to retail use. You will then have conflicted parking with the movie theater as well as other retail currently occupied in this building. His clients want to see more information that will help them analyze whether or not this action will have a detrimental impact on the area. Mr. Adler stated that the Board should analyze this matter further before taking any action. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the public hearing was closed. Board of Trustees Meeting June 13,2006 Page 15 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the fifth resolution on the agenda: RESOLUTION: 5) CONSIDERING A SITE PLAN APPLICATION FOR A CHANGE IN USE BY WIN RIDGE REALTY, LLC, FOR THE RYE RIDGE SHOPPING CENTER LOCATED AT THE INTERSECTION OF SOUTH RIDGE STREET AND BOWMAN AVENUE. Mr. Bradbury read the resolution. RESOLUTION Considering a site plan application for a change in use by Win Ridge Realty, LLC, for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue. 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 Cl-P Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1.A (1) of the Village Code; and WHEREAS, the existing medical office and proposed retail use is permitted as of right under the Village Zoning Ordinance and neither the proposed change in use or any construction associated with the change in use affects or changes the previously approved site plan; and WHEREAS, at its May 11, 2006 meeting, the Planning Board heard from the Applicant and considered the Applicant's proposal for a change from office use to retail affecting approximately 6,000 square feet of the area of an existing medical building located on the western portion of the site and adopted a resolution recommending approval of the change in use and that the amended site plan application be granted as to the change of use; WHEREAS, the subject application was referred to the Westchester County Department of Planning; and Board of Trustees Meeting June 13,2006 Page 16 WHEREAS, on June 13, 2006 the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on June 13, 2006; and WHEREAS, the Board of Trustees has reviewed the information submitted by the applicant in connection with the application and the report and recommendations of the Village consultants and staff; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines the proposed change of use and modifications to the approved site plan to be minor in nature and adopts a Negative Declaration hereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the site plan application for a change of use from medical office to retail for 6,000 square feet of the area of an existing medical building located in the western portion of the site. On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the sixth resolution on the agenda. RESOLUTION: 6) SETTING A PUBLIC HEARING ON AN APPLICATION OF AN AMENDED SITE PLAN FROM WIN RIDGE REALTY, LLC, FOR THE RYE RIDGE SHOPPING CENTER LOCATED AT THE INTERSECTION OF SOUTH RIDGE STREET AND BOWMAN AVENUE. Mr. Bradbury read the resolution. RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION OF AN AMENDED SITE PLAN FROM WIN RIDGE REALTY, LLC, FOR THE RYE RIDGE Board of Trustees Meeting June 13,2006 Page 17 SHOPPING CENTER LOCATED AT THE INTERSECTION OF SOUTH RIDGE STREET AND BOWMAN AVENUE. WHEREAS, on March 13, 2006, Win Ridge Realty, LLC, submitted an application to amend the 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 Cl-P Zoning District proposing to enhance pedestrian access to and within the site, reconfigure the western parking area, add new building sidewalks, and upgrade building facades and landscaping; and WHEREAS, on April 25, 2006, the Village Board declared itself Lead Agency for review of the subject application in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and after review of the EAF and other application materials submitted, made a preliminary classification of the proposed action as Unlisted, and referred this application to the Planning Board, the Westchester County Department of Planning, and the Town/Village of Harrison; and WHEREAS, on June 8, 2006 the Planning Board recommended that the Village Board grant approval of a modified site plan application. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 27, 2006 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application by Win Ridge Realty, LLC to amend the 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 C1-P Zoning District. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the eighth resolution on the agenda. RESOLUTION: 8) AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER. Board of Trustees Meeting June 13,2006 Page 18 Mr. Bradbury read the resolution. RESOLUTION AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Senior Citizen Coordinator to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the ninth resolution on the agenda. RESOLUTION: 9) AUTHORIZING THE REALLOCATION OF FUNDS IN FRIENDS OF RYE BROOK ACCOUNT FOR THE RYE BROOK BIRTHDAY CELEBRATION. Mr. Bradbury read the resolution. RESOLUTION Board of Trustees Meeting June 13,2006 Page 19 AUTHORIZING THE REALLOCATION OF FUNDS IN FRIENDS OF RYE BROOK ACCOUNT FOR THE RYE BROOK BIRTHDAY CELEBRATION RESOLVED, that since the Pfizer Run is no longer a Village function, the Village Board, acting as trustees for the Friends of Rye Brook Account, hereby authorizes the remaining balance of funds allocated for the Pfizer Run in the amount of$2,094.04, to be reallocated to pay for expenses relating to the Rye Brook Birthday Celebration. Mayor Rand briefly noted that these funds are going towards the Rye Brook Birthday party, which is taking place this Saturday from 12:00 p.m. to 4:00 p.m. It is also Volunteer Recognition Day. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the tenth resolution on the agenda. RESOLUTION: 10)CONSIDERING ADOPTION OF VILLAGE OF RYE BROOK CYBER SECURITY CITIZEN'S NOTIFICATION POLICY. Mr. Bradbury read the resolution. RESOLUTION CONSIDERING ADOPTION OF VILLAGE OF RYE BROOK CYBER SECURITY CITIZEN'S NOTIFICATION POLICY RESOLVED,that the Village Board of Trustees does hereby adopt the following policy: A. This policy is consistent with the State Technology Law, § 208 as added by Chapters 442 and 491 of the Laws of 2005. This policy requires notification to affected New York residents and non-residents. New York State values the protection of private information of individuals. The Village of Rye Brook (the "Village") is required to notify an individual when there has been or is reasonably believed to have been a compromise of the individual's private information in Board of Trustees Meeting June 13,2006 Page 20 compliance with the Information Security Breach and Notification Act and this policy. B. The Village, after consulting with the State's Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures, must notify an individual when it has been determined that there has been, or is reasonably believed to have been a compromise of the individual's private information through unauthorized disclosure. C. A compromise of private information means the unauthorized acquisition of unencrypted computerized data with private information. D. If encrypted data is compromised along with the corresponding encryption key, the data is considered unencrypted and thus falls under the notification requirements. E. Notification may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. In such case, notification will be delayed only as long as needed to deterinine that notification no longer compromises any investigation. F. The Village will notify the affected individual directly by one of the following methods: 1. Written notice; 2. Electronic notice, provide that the person to whom notice is required has expressly consented to receiving notice in electronic form and a log of each notification is kept by the Village that notifies affected persons in such form; 3. Telephone notification, provided that a log of each notification is kept by the municipality that notifies affected persons; or 4. Substitute notice, if the Village demonstrates to the state Attorney General that the cost of providing notice would exceed $250,000, that the affected class of persons to be notified exceeds 500,000, or that the municipality does not have sufficient contact information. The following constitute sufficient substitute notice: a. E-mail notice when the Village has an e-mail address for the subject persons; b. Conspicuous posting of the notice on the municipality's web site page, if the municipality maintains one; and C. Notification to major statewide media. Board of Trustees Meeting June 13,2006 Page 21 G. The Village must notify CSCIC as to the timing, content and distribution of the notices and approximate number of affected persons. H. The Village must notify the Attorney General and the Consumer Protection Board, whenever notification to a New York resident is necessary, as to the timing, content and distribution of the notices and approximate number of affected persons. 1. Regardless of the method by which notice is provided, the notice must include contact information for the municipality making the notification and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired. J. This Policy also applies to information maintained on behalf of the municipality by a third party. K. When more than 5,000 New York residents must be notified at one time, then the municipality must notify the consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. This notice, however, will be made without delaying notice to the individuals. Definitions Consumer Reporting Agency: Any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The state attorney general is responsible for compiling a list of consumer reporting agencies and furnishing the list upon request to the municipality. Data: Any information created, stored (in temporary or permanent form), filed, produced or reproduced, regardless of the form of media. Data may include, but is not limited to personally identifying information, reports, files, folders, memoranda, statements, examinations, transcripts, images, communications, electronic or hard copy. Information: The representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by human or automated means. Personal Information: Any information concerning a natural person which, because of name, number, personal mark or other identifier, can be used to identify such natural person. Private Information: Personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired. Board of Trustees Meeting June 13,2006 Page 22 I. Social security number; or 2. Driver's license number or non-drive identification card number; or 3. Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account. "Private Information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Third Party: Any non-municipal employee such as a contractor, vendor, consultant, intern, other municipality; etc. On a motion made by Trustee Feinstein and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the tenth resolution on the agenda. RESOLUTION: 11)APPROVAL OF MINUTES: MAY 9, 2006 SPECIAL MEETING On a motion made by Trustee Feinstein and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the first moratorium appeal on the agenda. APPEALS: 1) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 18 WOODLAND DRIVE. Board of Trustees Meeting June 13,2006 Page 23 Stacey Malie, of 18 Woodland Drive, addressed the Board. She stated that she is requesting a waiver for the building moratorium at Byram Ridge. She stated that the Board has received a full package of all of her proposed plans. She stated that she is looking to add a second story to a home that she purchased in February, and would not have bought the property if she had known about the proposed moratorium. The applicant stated that she is currently facing an economic hardship due to this moratorium and is seeking relief. The proposed plans are not seeking any change to the front and side yard setbacks. In addition, the proposal would significantly reduce impervious surface in the front, and it is certainly within the character of the neighborhood. On a motion made by Trustee Rosenberg and seconded by Trustee Feinstein, the appeal was granted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AVE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 38 WOODLAND DRIVE. Danny Artitis, the representative for the applicant of 38 Woodland Drive, addressed the Board. He stated that the time the moratorium was enacted, the applicant was in the process of seeking approval from the Planning Board to build a patio at this location. The applicant was told that although a patio is not a structure, the project is still restricted by the moratorium. The applicant is not adding to the footprint of the house. On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the appeal was granted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury addressed the Board. Regarding the King Street Athletic Field, the turf is being delivered to the site and should be installed sometime next week. In addition, the walkway leading up to the school is completed. Board of Trustees Meeting June 13,2006 Page 24 Mr. Bradbury also noted that Representative Martin Rogowsky, would be attending the next Board meeting to address some concerns from the Board regarding the airport and sewer district consolidation proposal. DISCUSSION ITEMS: • CREATION OF TREE REPLACEMENT PROGRAM. Trustee Brown addressed the public. Trustee Brown stated that there is a growing concern from residents regarding illegal tree removal. There is concern that some residents are not obtaining the required permit before they remove trees. Currently, if an individual illegally removes a tree, they are only fined for this action. They are not required to replace the tree. Trustee Brown is proposing to refer this matter to the Advisory Council on Environmental Conservation and draft legislation that would require a violator to replace the tree, in addition to levying a fine. Trustee Feinstein addressed the public. Trustee Feinstein also stated that the Advisory Council on Environmental Conservation should review the entire statute as well. Mayor Rand noted that the next Board of Trustees meetings were scheduled for June 27, 2006 and July 11, 2006. There being no further business before the Board, the meeting was adjourned at 10:32 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting June 13,2006 Page 25