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HomeMy WebLinkAbout2006-09-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, SEPTEMBER 12, 2006— 7:30 P.M. AGENDA 7:00p.m. Executive Session-Personnel Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1) Public Hearing on proposed amendments to Chapter 250 of the Village Code considering rezoning a portion of the R-20 Zoning District 2) Public Hearing on the Final Environmental Impact Statement(FEIS) Regarding K&M Realty application for development on Bowman Avenue, Section 1, Block 22, Lots 2B and 2132 3) Public Hearing on the Site Plan regarding K&M Realty application For development on Bowman Avenue, Section 1, Block 22, Lots 213 And 2132 RESOLUTIONS 1) Referring a Site Plan regarding K&M Realty application for Development on Bowman Avenue, Section 1, Block 22, Lots 2B and 2132 to the Planning Board. 2) Setting a date for a Public Hearing to modify the Village Noise Ordinance. 3) Authorizing a Verizon Emergency Subscriber List Information License Agreement for the benefit of the Reverse 911 Community Notification System. 4) Approval of Meeting Minutes: July 25, 2006; August 8, 2006; August 22, 2006 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINES DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders-Romano Trustee Paul Rosenberg STAFF: David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator CONVENE: Mayor Rand asked everyone to join him in the Pledge of Allegiance. Mayor Rand called for a moment of silence in remembrance of the victims and families of 9/11. Mayor Rand called for the first item on the agenda: PUBLIC HEARINGS Public Hearing on the Final Environmental Impact Statement (FEIS) Regarding K&M Realty application for development on Bowman Avenue, Section 1, Block 22, Lots 2B and 2132 Mayor Rand asked Mrs. Mohamed to give a brief overview of the application status. Mrs. Mohamed addressed the Board and stated that the Board has accepted the FEIS in July of 2006 and it was distributed to involved and interested agencies in August and it is now entering the phase where the BOT will be developing a Finding Statement based on the issues reviewed in the FEIS. These findings will form the basis for the Board's decision on this project. Mrs. Mohamed explained that the comments received from the interested outside agencies will also be a factor in the decision that will ultimately be made by this Board. Mayor Rand asked the applicant to address the Board and make their presentation. Mr. Jim Ryan, Architect for the applicant, addressed the Board and stated the FEIS is including by reference a draft Environmental Impact Statement that reviews all of the environmental issues related to this project. He went on to explain this property is located on Bowman Avenue and divided into two lots. The project includes some water development and development on the peninsula portion of the project. He explained that this project will also require wetland and steep slopes permits. This project originally called for development on both portions of the property and the earlier plans included residential and a restaurant. The plan has been modified for the betterment of the environment and they believe that this plan is the best for the property. It will have 10 residential units only on the peninsula portion of the property. The strip portion is intended to be in a conservation easement. He then went on to give a detailed description of the property through the drawings. The property was a dumping ground and the environment was compromised and they believe this project will enhance the environment and it is a sound development approach. Mayor Rand clarified that the developer has offered the strip portion of the property to the Village for use as a pristine park and that while the development on the peninsula is in Rye Brook, the school district is in Harrison. Trustee Rosenberg asked if there was a variance required for the parking for these units and Mr. Ryan explained that the project as currently designed does not call for any variances and they are in complete code compliance with the parking. Mrs. Adrian Wesley asked what the units would be priced at and Mr. Ryan responded that the square footage would be 2100 square feet and they are not sure yet about the price. There are 10 units contained in three buildings so it is more of a condominium setting. Mr. Ken Heller, 22 Lincoln Avenue, Rye Brook addressed the Board and stated he has read the Findings and had some concerns regarding traffic especially the bus traffic with regard to the Port Chester Middle School being across the street. He is also concerned with the frontage being reduced from 25 feet to 20 feet. He also believes that the proper signage needs to be included. Mr. Heller also suggested grass crete on the site especially for the summer months when the water is stagnant. He also suggested rip rapping the shore line to decrease the turbulence and the smell. Mayor Rand added that written comments would be accepted until the 19th of this month. With no further questions the Mayor asked for a motion to close the Public Hearing on this aspect of the project. On a motion made by Trustee Feinstein and seconded by Trustee Romano, the roll was called: TRUSTEE FEINSTEIN VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second Public Hearing on this project which involves the site plan. The resolution will refer the site Plan so the Planning Board can start their review regarding this project. 3) Public Hearing on the Site Plan regarding K&M Realty application For development on Bowman Avenue, Section 1, Block 22, Lots 2B And 2B2 Mr. Ryan addressed the Board and stated they had submitted drawings for this site and asked for this to be referred to the Planning Board and adjourn this Public Hearing to a future date. Mayor Rand agreed and explained this application would now move before the Planning Board for steep slopes and wetlands permit review. Mayor Rand called for the next item on the agenda: 1) Public Hearing on proposed amendments to Chapter 250 of the Village Code considering rezoning a portion of the R-20 Zoning District Mayor Rand stated that there had been two draft local laws on this topic and tonight they are only considering the draft local law that involves the input that came back from the Planning Board. He explained the Planning Board had held three meetings regarding the proposed Local law and have come back with multiple recommendations. Mayor Rand explained there will be no decisions made tonight that this is just the beginning of the process and the Public Hearing will be adjourned. Mayor Rand also stated there has been a lot of confusion and misinformation on this topic. Mayor Rand asked Mrs. Mohamed to address the Board and give a tutorial on this application. Mrs. Mohamed addressed the Board and stated that the issues being discussed revolving around this local law are not issues new to the Village. The issues include preservation of open space and has been studied since 1986. Mrs. Mohamed added that a municipality has a responsibility to manage growth and permit stability of value in neighborhoods and neighborhood character. The impotence for the current round of review for Byram Ridge was brought about by increased development pressure. A moratorium on development was enacted in March and was to be in place for six months. This area is in the R-20 district and includes the 5 streets that radiate from Beechwood Circle. A task force was formed by the Village and worked with her office and looked at a number of possible ways to guide development in this particular neighborhood. Some of the suggestions were increasing the minimum side yard requirements and the front set back issues. Mrs. Mohamed explained that their research involved use of the property cards at the Town of Rye Assessment Office and because of the condition of those cards and the lack of information at times, they had opted on the side of being conservative. The Task Force came back with recommendations of increasing the front yard setbacks from 40 to 50 feet and increasing the side yard setbacks to 20 feet and a total of two side yards to 45 feet and increasing the maximum allowable impervious surface in the front yard from 30 to 20 percent. The Task Force did not consider up zoning at all but when the recommendations went to the Planning Board and they did additional information based on information Mrs. Mohamed's office had provided, they believed that they would only consider applying these recommendations to the Byram Ridge area because that was the area focused on. The Planning Board came back with different recommendations and did not agree that the side yards should be increased because of the configuration of the lots which are deeper and narrower and would force a change in the configuration of the homes in that area. They recommended increasing the height set back ratio to what the Task Force had recommended. As the study went on, it was believed that the zoning that currently exists is not consistent with the development pattern that exists in Byram Ridge. Most lots in that portion of the zone are larger then 20,000 square feet, substantially larger. But, within that zone exists a certain number of lots that do not conform to 20,000 square feet. Mayor Rand pointed out as it exists, a number of the lots are non conforming and Mrs. Mohamed confirmed that currently there are 14 lots in the R-20 zone as a whole with 11 in Byram Ridge. Mrs. Mohamed continued that the Planning Board recommended not increasing the side yard set back and they recommended up zoning. The reason they did that is there are two types of development that change the character of a neighborhood and that is through a tear down of a home and the rebuilding of an entirely new home and the other type is subdivisions. When the subdivision have been made, the new lots are at a minimum size and in this particular area, 20,000 square foot lots are the exception and not the norm, most lots are larger. One of the reasons the Planning Board chose only to look at Byram Ridge is because Meadowlark is extremely different with newer configured lots that are less deep and wider and they tend to be smaller so there is a distinct difference in the development pattern. Mrs. Mohamed stated that both the Task Force and the Board of Trustees are very conscious of creating non forming properties and it is important to understand how they affect a property. Essentially the house is there and the non conformity does not affect the existing construction but if the regulations were to change the changes would affect any new construction on the property. You could still add to the house,but the issue would be how you did it. The new portion of the house would have to have the new regulations adhered to. Non conforming does not mean illegal and those houses are not affected in their value nor in the allow ability of being able to change or add to their properties. R25 zoning will not change the amount of square footage allowable. The Planning Board also felt that the front yard set back of 40 feet was sufficient. They did recommend that the height set back ration be increased slightly which were also the recommendations of the Task Force. Another area looked at was gross floor area and additional areas in home that contribute to its bulk but at the moment are not regulated for instance attic space or bonus room space that would be over a garage. The attic space is due to the new use of very steeply peaked roofs which increase the area in the attic and could at some point become habitable. Mayor Rand asked for questions from the public. Mr. Ted Fisher, 13 Beechwood Blvd, stated he moved here with his family from Rye. He stated he is a concerned homeowner and does have Counsel representing him. He has spoken with many of the residents of this area and would like to speak his comments to the Board. He has a petition signed by over 50% of the residents of the Byram Ridge area. He stated that the Task Force was formed to review the Byram Ridge area and they stated that they would not recommend any changes to the zoning code and that up zoning would be unnecessary and any up zoning would be construed as spot zoning. The Planning Board reviewed the findings and they decided that the Board of Trustees should consider up zoning. Mr. Fisher added that he had in depth conversations with area builders and realtors and was told that they are extremely reluctant to do any future projects here and the realtors agree that any further limitations on growth will negatively affect value and resale potential. Mr. Fisher threatened a class action law suit they would potentially be embarrassing for the Village. Mr. Fisher spoke of the special meeting held by the Planning Board where it was stated that the main focus was to stop tear downs and curb sub divisions. Mr. Fisher addressed the issues of sub divisions and referred to possible sub divisions which are 8 out of 115 lots. Out of that there are 4 potential sub division possibilities. The Planning Board states that any subdivisions would change the character of the neighborhood and he does not agree. Mr. Fisher believes that the Board should not inhibit growth and that the Village should make the entire process easier for its residents. He urged the Board to drop any amendments to the R20 zone. Mayor Rand stated that Mr. Fisher had presented a petition and that it was given to the Village last Friday before the 211d draft had even been distributed and wanted to know if the signors were cognizant of that fact. Mayor Rand stated that he is confused as to why people would sign a petition on material that had not been distributed yet. Mr. Fisher stated that people are angry about the process they have to go through to do any building in this Village and Mayor Rand took offense to his remarks. Mr. Beane stated that the current law or the proposed law being considered by this Board is not spot zoning. There has been no opinion issued by Counsel, this is just a Task Force report and a recommendation. Whatever position anyone wants to take on the subject, that is the way the law is interpreted and for anyone who believes that there exists any opinion by legal counsel that the proposed law is up zoning or any specific law is up zoning, is misinformed. Laurie Discoli, 23 Woodland Drive, responding to the Mayors question on why people signed and admitted she did not see the very last draft and nor does she care. She believes that the people that signed do not want any more restrictions than those that already exist and that is why they signed. It is the Village's responsibility and obligation to do what their residents want. Mrs. Discoli believes that the residents of the Village and the people who are affected by the changes should be the ones who get to decide and suggested that the Board put it to a public vote. Mrs. Discoli stated that it took her one year to obtain a permit to install a pool on her property. It was a project that did not require any variances and the whole process in the Village is very frustrating. Mrs. Ooling, Hillandale Road, would like to see the Vision Plan back on the web site because it was not just a sample of Byram Ridge residents, but a sampling of residents all over the Village. Mrs. Ooling is not against development and believes that there are currently some beautiful projects going on. She spoke of discussion in the Village with regard to failing infrastructure because people are coming in and developing and the rest of the residents have to pay the price sighting Little Kings development. Mrs. Ooling asked how this local law would hurt home values. She does not believe it will nor does she believe that larger homes in a neighborhood would increase home values. She added that the process in this Village is cumbersome and getting something done, even something small, takes a very long time. Up zoning to an R25 is an excellent idea for this particular area but also agrees that the process needs to be addressed as well. Mr. Kaminsky, 4 Edgewood Drive, went through a process with the town quite extensively. He believes side setbacks are not as important as height set backs. He is not sure how the proposed regulations or changes are going to change the character of the neighborhood. He also agrees that the infrastructure is more important than the structure. He put a lot of money into being able to handle a water problem, a problem that is not even his fault. He suggested the Village make people put in the dry wells like he did but that the Village should not prohibit development because it is not fair and people should be allowed to do what they want on their own property. He added that the Building Department is excellent and even though the process is cumbersome he believes Mickey Izzo does an outstanding job. Mrs. Wesley, Beechwood Blvd— agrees it is an old infrastructure and believes that larger homes or mcmansions are only going to increase the problem. At some point, the infrastructure cant handle the growth. She spoke about traffic on King Street at 4:30 pm and believes it is due to the growth of the number of children going to the schools because of the increased development. Lastly, she believes the beauty of this town is because there is open/green space and limiting construction will keep this Village pristine. Mrs. Fisher addressed the Board and stated that she is a writer and has written articles on the mcmansions and does not agree that people are building these huge houses to fill them up with children. She is a resident of Rye and there the houses are enormous and the population is just about the same. She believes that Rye Brook has so many houses that are out of focus with each other...there are 50's houses, 60's houses and new houses. Mr. Dean Santon, Hillandale Road, came in from London because he believes that what is going on in this community is important enough for him to be here. Mr. Santon believes that there is a perception problem in that people are moving to Byram Ridge because they can build bigger houses. He also agrees the Building Department process is long and cumbersome and does need work but also believes it is a separate issue. He stated it is disconcerting what he has been reading and hearing and believes that most of the people come to Byram Ridge because there are large lots, you are not on top of your neighbor and there is a lot of open space. He also believes there are 35 lots with development potential and not just the 8 that have been mentioned a few times throughout this process. His property is one of those 35 and he would need a variance if he was to make any alterations to his property. The question is do we want additional lots shoehorned in thereby decreasing the open green space. He believes the net impact from up zoning would be very minimal. Mr. Santon stated that his house has doubled in value since he bought it in the 90's and suggests that if the integrity of the community continues that he has no doubt that value will stand. He closed saying that anyone who has a concern about non conforming lots should call the Building Inspector and get the correct information before drawing any conclusions through misinformation. Mayor Rand added that non conformity does not mean that a resident will not be able to make any changes to their property if they so choose, they will just have to go through the proper process to get it done correctly and bring it into conformity. Mr. Diamond, 4 Loch Lane addressed the Board and stated that he moved here 16 years ago and had no idea what the zoning laws were. He believes the important thing that ties the neighborhood together is the green space, trees, grass and the integrity of the neighborhood. People are aggravated that it costs a fortune to make even small changes to their homes because of the process. He believes those issues do need to be addressed but cannot be confused with the issue at hand. He feels that the size of the lots are what make the area as valuable as it is and keep its desirability. He is in favor of up zoning. Mrs. First, Edgewood Drive, has lived here since 1993 and loves the area. However she feels that some developers are more interested in making money then the character of the neighborhood and thanked the Board for taking this step. Mrs. First does believe that the process needs to be revised so that it is fair to everyone. She believes that if a home is a tear down, there should be no granting of variances, that variances should be granted for small renovations such as adding a deck. She again thanked the Board for their concern. Trustee Feinstein stated that this Board has no jurisdiction over the Zoning Board. If a homeowner is unhappy with a decision, there are legal outlets for them to pursue. She added that she will bring back the comments to the Zoning Board that were expressed tonight. Mayor Rand will hear from one more person and then the public hearing will be closed for this evening but continued to the next Board meeting at which time more people will have an opportunity to be heard. Mrs. Albrecht, Hillandale Road, feels that the most important thing is our protection and safety. There needs to be a sense of real community and the truth is we should all be able to look each other in the eye weather we agree or disagree. We need to protect and care for each other, this is a great place to live and we need to keep it that way. Mr. Nioras, Hillandale Road, addressed the Board and stated that he does not perceive an overdevelopment in the Byram Ridge area. He believes people are just trying to improve their homes which in turn will improve the whole area. He does not think that up zoning is necessary in the Byram Ridge area and agrees with the findings of the Byram Ridge Task Force. He believes we live in a democracy and should have a say in the rules and regulations that directly impact the people living in the Byram Ridge area. Up zoning would be selectively discriminating 7 or 8 homes. He does not feel up zoning is needed especially in the Byram Ridge area. Trustee Feinstein stated that this Board is elected by the residents of the Village of Rye Brook. They have changed zoning laws before as well as traffic laws and other changes that the Board feels are in the best interest of the Village. She added there are currently 35 homes that could subdivide as it stands now and eight of those homes would not require variances and she just wanted that clarified. Mayor Rand asked about where we are on the Legislations. Mr. Beane responded that there is the original version and the proposed version that represents the Planning Board recommendations and it is up to this Board to craft the modifications. Trustee Rosenberg stated that people are concerned about the non conformity issue. He understands the process can be long and tedious and he wanted to make sure that this proposed legislation did not increase the cost to the resident. Trustee Rosenberg is concerned about the resident who wants to make small changes to their homes and was told that if the resident does not increase the non conformity then there will be no variances or site plan reviews required. His point is that this Board is not trying to cause anyone pain or take away anyone's rights. Mr. Beane stated that this is a Local Law that reflects completely the Planning Board recommendations both in terms of set back requirements to the issue of weather or not to impose an R25 Zone instead of the current R20 zone. Mayor Rand wanted to discuss with the Board the bonus room issue. Trustee Romano spoke about her role on the Task Force and added that it was the Planning Board that made the recommendation for the bonus rooms. She believes the recommendations made should be narrowed. She would like to make two small changes, one being floor instead of sub floor and that we only count the space from the 5 foot knee wall that is in excess of 7 feet in the gross floor area. Mayor Rand asked Mr. Beane to make that recommended change. Mrs. Phillips, 17 Loch Lane, stated she has never seen such an aggressive situation in her 55 years in Rye Brook. She believes there have been a lot of untruths spoken and wants the Board to move forward with this Local Law. Mayor Rand reminded everyone that this Sunday would be the dedication of the Rye Brook Athletic Fields. Mrs. Fisher asked Trustee Rosenberg to clarify his statement about not needing variances for changes. Trustee Rosenberg said a recap of his conversations with the Administrator and the Building Inspector was that if you are not increasing the non conformity you will not need a variance. If the addition does not increase the non conformity, you will not need a variance. Mrs. Mohamed confirmed Trustee Rosenberg's statements. Trustee Feinstein wants the new law to include cross referencing with other Zoning Laws. Mrs. Mohamed stated that with the bonus rooms, it should be added that the ridge line is 7 feet or more from the floor. Mayor Rand stated the new law would be available before the 15th for review before the next meeting. Resident of 14 Woodland Drive asked if a house is non conforming, can you put something on the existing footprint of the house without a variance.... Mayor Rand said that if it does not increase the non conformity that would be true. Mr. Beane restated what was said and added that if the addition or alteration does not impact the non conformity that exists then you will not require a variance from the Zoning Board or a site plan review with the Planning Board. The issues of the R20 and R25 zone have nothing to do with the question being asked. If the set backs are not being touched and if the height ratio is not touched then the answer is yes. Mayor Rand called for a short recess. Reconvene Trustee Feinstein addressed the set back issue and suggested that we could change the set back from 40 to 45 feet. The impact could be years and years down the road and wanted to bring it up for consideration of the Board. It is a compromise between what the task force recommended and what the Planning Board recommended. Trustee Romano agreed. Mayor Rand stated this Public Hearing would be adjourned to September 26th. Mayor Rand called for the next item on the agenda: 2) Setting a date for a Public Hearing to modify the Village Noise Ordinance Mayor Rand read the resolution. September 26, 2006 RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 158 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOISE ORDINANCE WHEREAS, the Board of Trustees has introduced a Local Law to amend Chapter 158 of the Code of the Village of Rye Brook regarding noise ordinance. WHEREAS, a public hearing was held on September 26, 2006, at which time the public could speak on behalf of or in opposition to the proposed Local Law. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed Local Law amending Chapter 158 of the Code of the Village of Rye Brook regarding noise ordinance. There was a brief discussion and a small change regarding changing the time to 9:00 am on the weekends and 8:00 am on weekdays. Mayor Rand asked for a motion on the resolution as amended and on a motion made by Trustee Feinstein and seconded by Trustee Romano, the roll was called: TRUSTEE FEINSTEIN VOTING AYE TRUSTEE BROWN 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: 3) Authorizing a Verizon Emergency Subscriber List Information License Agreement for the benefit of the Reverse 911 Community Notification System Mayor Rand read the resolution into the minutes. On a motion made by Trustee Feinstein and seconded by Trustee Rosenberg, the following resolution was adopted. RESOLUTION AUTHORIZING A VERIZON EMERGENCY SUBSCRIBER LIST INFORMATION LICENSE AGREEMENT FOR THE BENEFIT OF THE REVERSE 911 COMMUNITY NOTIFICATION SYSTEM THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to sign a Verizon Emergency Subscriber List Information License Agreement, which will significantly expand telephone database for the Reverse 911 Community Notification System. 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 last item on the agenda: 4) Approval of Meeting Minutes: July 25, 2006; August 8, 2006; August 22, 2006 Mayor Rand stated he had sent his comments in and asked for a motion to accept the minutes as amended and on a motion made by Trustee Feinstein and seconded by Trustee Romano, the roll was called: TRUSTEE FEINSTEIN VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand reminded everyone again about the athletic field dedication and also wanted to recognize the 10 year old boys baseball team were champions and wanted to congratulate them on their achievements. Meeting Adjourned