HomeMy WebLinkAbout2006-07-11 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, JULY 11, 2006-7:30 P.M
AGENDA
EXECUTIVE SESSION 7:00 P.M.: Personnel, Negotiations and Legal Matters
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT:
1) Submission of Revised FEIS by K&M Realty Group, Ltd., for the development of
residential units on Bowman Avenue.
PUBLIC HEARINGS:
RESOLUTIONS:
1) Referring an application to Planning Board to modify the approved Talcott Woods
conservation subdivision plan for construction of new front steps at 1 Talcott Road.
2) Considering revised local laws establishing an H-2 Hotel District and other
residential text amendments, and setting a public hearing on the proposed local
laws.
3) Considering support of a grant application to be submitted by White Plains Hospital
to the NYS Department of Health.
4) Approval of Minutes: March 8, 2005, September 27, 2005, February 28, 2006,
March 14, 2006, March 28, 2006, April 11, 2006, April 25, 2006, May 9, 2006,
May 23, 2006, June 13, 2006, June 20, 2006 (Special Meeting).
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
Board of Trustees Meeting
July 13,2004
Page 1
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
NEXT TRUSTEES MEETINGS: July 25, 2006 and August 8, 2006
BOARD Mayor Lawrence Rand
Trustee Michael Brown
Trustee Joan Feinstein
Trustee Patricia Sanders Romano
Trustee Paul Rosenberg
STAFF: Christopher Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Michel Nowak, Assistant to the Village Engineer
Marilyn Timpone Mohamed, Village Consultant
Theodore Sabato, Chief of Police
Fred Seifert, Public Access Coordinator
CONVENE:
Mayor Lawrence Rand called the meeting to order at 7:30 p.m.
Mayor Rand called for the first item on the agenda.
REPORT:
A report was given by Kip Kaningsburg, of K&M Realty, regarding the submission of the
revised FEIS by K&M Realty, for the development of residential units located on
Bowman Avenue keyhole project. The Board of Trustees held a public hearing in
January regarding this project, and following that meeting K&M Realty decided to
prepare the FEIS to include all of the site plans. Eleven (11) of the twelve (12) points
(regarding the site plan work) mentioned in Dolph Rotfeld's engineering report are
completed and the twelfth point with be completed this Friday.
The plan is on display during tonight's meeting is essentially the same plan that was
presented during the January public hearing with the exception of the setback. The
setback is now thirty-five (35) feet instead of the forty-five (45) feet that was originally
planned. This has changed due to the scenic overlay district. Essentially, the front-yard
setback has been moved back by ten (10) feet. It is still being proposed that a
conservation easement be placed on the strip, however K&M Realty is still willing to
give this land to the Village of Rye Brook for parkland free of charge, and would be
cleaned and certified by the Department of Environmental Conservation (DEC) with a
statement of"no further action". All of Dolph Rotfeld's concerns outlined in his memo
have been addressed and satisfied.
Board of Trustees Meeting
July 13,2004
Page 2
Marilyn Timpone-Mohammed addressed the Board regarding this matter. She stated that
all of the appropriate measures were made to address any of our concerns, outlined in the
memo dated May 25. In reviewing the submitted FEIS, it is her opinion that the
document is complete and ready to be reviewed by the Board for determination of its
completeness. Certain items will be finalized in the site plan phase, however this
document has sufficiently addressed all major concerns.
Marilyn Timpone-Mohammed also stated that this document would be submitted to all
interested parties, including the Port Chester School Board.
RESOLUTIONS:
1) REFERRING AN APPLICATION TO PLANNING BOARD TO MODIFY
THE APPROVED TALCOTT WOODS CONSERVATION SUBDIVISION
PLAN FOR CONSTRUCTION OF NEW FRONT STEPS AT 1 TALCOTT
ROAD.
Mr. Bradbury read the resolution.
RESOLUTION
REFERRING AN APPLICATION, TO MODIFY THE APPROVED TALCOTT
WOODS CONSERVATION SUBDIVISION PLAN FOR COSTRUCTION OF
NEW FRONT STEPS AT 1 TALCOTT ROAD, TO THE PLANNING BOARD OF
THE VILLAGE OF RYE BROOK
WHEREAS, Mr. and Mrs. Robert Schwartz, 1 Talcott Road submitted an
exterior building application to the Village of Rye Brook to construct new front steps for
their home in the Talcott Woods Conservation Subdivision, Section 135.58, Block 1, Lot
39; and
WHEREAS, construction of the steps would require approval of an amendment
to the subdivision plan for the Talcott Woods conservation subdivision.
NOW, THEREFORE, BE IT RESOLVED, that the subject application shall be
referred to the Village Planning Board for a report and recommendation; and
BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply
with Section 250-40 of the Village Code regarding notification; and
BE IT FURTHER RESOLVED, that the Applicant is required to submit the
appropriate approval letter from the Talcott Homeowners Association.
Board of Trustees Meeting
July 13,2004
Page 3
Trustee Feinstein addressed the public regarding this resolution. She stated that
she does not feel comfortable with this referral to the Planning Board due to the
fact that the Village does not have any documentation stating that the Talcott
Homeowners Association has approved this project. It would be more appropriate
if the homeowners association approved this project before it is referred to the
Planning Board.
Trustee Rosenberg addressed the public. He stated that a similar situation
occurred regarding the BelleFair Homeowners Association; an application was
referred to the Planning Board before the homeowners association approved the
project and a problem occurred after it was referred. He is in agreement with
Trustee Feinstien.
Michel Nowak, Assistant to the Village Engineer, addressed the Board. He stated
that members of the homeowners association were in attendance and have
informed him that the homeowners association has acted on, and approved, the
matter, they just haven't submitted the documentation as of yet.
Trustee Feinstein requested that it should be a condition of the resolution that a
memo of approval be submitted prior to the Planning Board's review.
On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the
resolution was amended.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
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 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 second resolution on the agenda:
2) CONSIDERING REVISED LOCAL LAWS ESTABLISHING AN H-2
HOTEL DISTRICT AND OTHER RESIDENTIAL TEXT AMENDMENTS,
AND SETTING A PUBLIC HEARING ON THE PROPOSED LOCAL
LAWS.
Board of Trustees Meeting
July 13,2004
Page 4
Mr. Bradbury read the resolution.
RESOLUTION
REGARDING RESIDENTIAL ZONING AMENDMENTS
WHEREAS, the Board of Trustees introduced a local law proposing to amend
Chapter 250 of the Village of Rye Brook Village Code regarding the H-1 Hotel District
Zone and a local law proposing to amend Chapter 219 of the Village of Rye Brook
Village Code regarding conservation subdivisions; and
WHEREAS, the Village of Rye Brook Planning Board considered the local laws
at its June 8 and June 19, 2006 board meetings and suggested modifications to said local
laws.
NOW, THEREFORE BE IT RESOLVED that the Board of Trustees adopts the
recommendation suggested by the Planning Board and introduces the revised local laws
as draft number 2; and
AND BE IT FURTHER RESOLVED, that the Board of Trustees of the Village
of Rye Brook declares 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 the code amendments, makes a preliminary
classification of the proposed action as Unlisted; and
AND BE IT FURTHER RESOLVED, that the Board of Trustees requests the
Village Planning Consultant to refer the revised local laws to the Westchester County
Planning Department for comment and to commence the SEQRA process with respect to
the local laws; and
AND BE IT FURTHER RESOLVED, that the Board of Trustees of the Village
of Rye Brook shall hold a public hearing on September 21, 2006 at 7:30 p.m. at the
Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local laws.
Mr. Bradbury noted that although a resolution has been prepared regarding this
matter, it is not recommended that the Board take action on the matter at this time.
A motion was made by Trustee Feinstein, and seconded by Trustee Santon, the
resolution was adjourned until August 8, 2006.
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:
Board of Trustees Meeting
July 13,2004
Page 5
3) CONSIDERING SUPPORT OF A GRANT APPLICATION TO BE
SUBMITTED BY WHITE PLAINS HOSPITAL TO THE NYS
DEPARTMENT OF HEALTH.
Mr. Bradbury read the resolution.
RESOLUTION
CONSIDERING SUPPORT OF A GRANT APPLICATION TO BE SUBMITTED
BY WHITE PLAINS HOSPITAL TO THE NYS DEPARTMENT OF HEALTH.
WHEREAS, The New York State Department of Health has announced the
availability of nearly $31.5 million to support healthcare institutions in the greater
Hudson Valley Region under the Healthcare Efficiency and Affordability Law; and
WHEREAS, The White Plains Hospital Center is applying for said grant known
as HEAL NY to help defray the cost of expansion of their Emergency Department to
double the current size; and
WHEREAS, The recent closure of two area hospitals has increased the demand
for health care in the region, creating a 19% increase in activity in the White Plains
Hospital Center to nearly 150% of its original design capacity.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook hereby expresses its strong support of the grant application to the
New York State Department of Health by the White Plains Hospital Center for use in
their Health Care for Life Campaign to improve upon and expand their Emergency
Department facilities.
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 next item on the agenda:
4) APPROVAL OF MINUTES: March 8, 2005, September 27, 2005, February
285 2006, March 14, 2006, March 28, 2006, April 11, 2006, April 25, 2006,
May 9, 2006, May 23, 2006, June 13, 2006,June 20, 2006 (Special Meeting).
Board of Trustees Meeting
July 13,2004
Page 6
Mayor Rand noted that he has comments on some of the minutes that will be
submitted to staff. Contingent upon the revisions, the minutes were approved.
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 and public. The New York State Senate and
Assembly have passed the Hotel Tax Bill for the City of Rye. That released three percent
of additional tax revenue that the City of Rye can collect. Rye Brook has submitted
similar legislation in 1995 that failed, however this may be a good starting point in order
to have such legislation enacted for Rye Brook. Assemblyman George Latimer has stated
that he will reintroduce this legislation for the January 2007 session.
Regarding Rich Manor Park, the project is completed. People are using the path so we
have decided that we are going to leave the path in place.
Regarding the King Street Athletic Field project, it is near completion. All of the turf has
been set in place and the next step is to have the shredded rubber placed on top of the
turf.
Mayor Rand noted that the Board of Trustees were going into executive session
following this meeting in order to address personnel, negotiations and legal matters.
NEXT TRUSTEES MEETINGS: July 25, 2006 and August 8, 2006
There being no further business before the Board, the meeting was adjourned.
Respectfully Submitted
Christopher J. Bradbury
Village Administrator/Clerk
Board of Trustees Meeting
July 13,2004
Page 7