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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