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HomeMy WebLinkAbout2006-09-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, SEPTEMBER 26, 2006— 7:30 P.M. AGENDA 6:00 p.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 to a new R-25 Zoning District 2) Public Hearing on a proposed Local Law to amend Chapter 219 of the Village Code regarding the H-1 Hotel District Zone conservation subdivisions 3) Public Hearing to consider conversion of 27,000 square feet of space in the plaza building of the Rye Ridge Shopping Center from Medical Office to Retail use 4) Public Hearing to consider amending Chapter 158 of the Village of Rye Brook Village Code regarding the Noise Ordinance RESOLUTIONS: 1) proposed amendments to Chapter 250 of the Village Code considering rezoning a portion of the R-20 Zoning District to a new R-25 Zoning District Board of Trustees September 26,2006 Page 1 2) Proposed Local Law to amend Chapter 219 of the Village of Rye Brook Village Code regarding H-1 Hotel District Zone and conservation subdivisions 3) Considering the conversion of 27,000 square feet of space in the plaza building of the Rye Ridge Shopping Center from medical office to retail use 4) Proposed amendments to Chapter 158 of the Village Code regarding the Noise Ordinance 5) Setting a date for a Public Hearing on a Site Plan application made by Doral Arrowwood for the creation of tennis courts 6) Authorizing an insurance consultant to review Workers Compensation claims 7) Considering a proposal for a study of library services 8) Authorizing an increase in rates for Frederick P. Clark Associates ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Recommendations for televised meetings 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 Board of Trustees September 26,2006 Page 2 STAFF: Christopher Bradbury, Village Administrator 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 Paula Patafro, Meeting Secretary CONVENE: Mayor Lawrence Rand called the meeting to order at 7:45 p.m. He noted that at the request of the Village, and with the consensus of the applicant, both the Public Hearing and Resolution in connection with the H-1 Hotel District Zone and Conservation Subdivisions were adjourned to the October 10, 2006 Board of Trustees Meeting. Mayor Rand called for the first item on the agenda, noting that it was a continuation of a public hearing originally opened at the prior Board of Trustees meeting. He noted that the Board would begin by hearing comments from members of the public who had not been heard at the previous meeting in order to give everyone a chance to be heard. 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 TO A NEW R-25 ZONING DISTRICT. Mayor Rand asked that Marilyn Timpone-Mohamed, Village Consultant, address the Board and make a presentation on this matter. Ms. Timpone-Mohamed began her presentation by presenting a map of Rye Brook to be used as a visual aid. She summarized the issues involved in the upzoning, noting that a number of studies have been done for the Village over a considerable amount of time and they have shown that this particular area of the Village is under development pressure. The tendency is to sub-divide lots and build much larger Board of Trustees September 26,2006 Page 3 homes than currently exist. The objective is to preserve and improve the residential character of the area. None of the proposed amendments would make the Village's Code more liberal. In addition, they will generally create fewer environmental impacts. The proposed action is not intended to have impacts, but rather are intended to reduce impacts. There are non-conforming lots in this area and increasing the lot size in this area would increase the number of non-conforming lots, but they would not be illegal lots. The majority of the lots in this particular area of the Byram Ridge area are much larger. Mayor Rand noted that more than half of the homes in the R-20 District are non-conforming in one-way or another. Trustee Joan Feinstein requested that Ms. Timpone-Mohamed explain further a few of the proposed amendments. Ms. Timpone-Mohamed asked that the Board think about the space in the attic. The Code of Rye Brook allows for two stories, however, the peak of a roof has space in it. The floor is actually the ceiling of the highest floor. This space in the peak is not usable space, but is included in calculations for the gross floor area. In order to include a portion of the floor area that is created, the language in the Code was changed so as not to not penalize the home by counting all of this space. The amendment will dictate that only the space where a vertical wall could be constructed at 5' in height would be considered useable floor space. Trustee Patricia Sanders- Romano noted that there would need to be 3' of space under the peak of the roof before it could be considered useable floor space. Trustee Feinstein noted that there was a language change from sub-floor to finished floor. Ms. Timpone-Mohamed noted that a finished floor includes plywood, which forms the basis of a finished floor, and that the height varies. Sub-Floor is a more defined point as it is always a certain thickness as opposed to the addition of carpeting and flooring that can be different sizes, which creates the varied height of a finished floor. Trustee Paul Rosenberg asked what the process would be for a homeowner looking to make an improvement to their property when it is non-conforming. Ms. Timpone-Mohamed noted that an application would not trigger site plan review or review by the Planning Board. The homeowner would need to make the new construction conforming to the currently non-conforming area. The new construction would have to conform to the new height and setback ratios. The Task Force has recommended that the side setbacks be increased. The Planning Board Board of Trustees September 26,2006 Page 4 decided that this would not be a good idea because the lots in this area are very narrow. Trustee Rosenberg noted that a non-conforming lot would not adversely be affected by these changes. The square footage of the lot will not change and, therefore, the maximum square footage that can be added will be the same. Trustee Feinstein suggested that the setbacks be increased. It was noted that the Planning Board did not recommend this change. She felt that a 45' setback will not effect anyone. This change will avoid the creeping forward of the homes, and it will set a precedent. Mayor Rand noted that at the previous meeting there was a discussion on this matter. He noted that the Board has received scores of comments on the discussion. He thanked everyone for their participation. He opened the floor to the public for comments. The homeowner of 11 Woodland Drive addressed the Board. He noted that there was a petition that was passed around opposing these changes. This issue is a very important. There have been many statements that have implied that those who signed the petition are new homeowners, or ignorant. The newcomers are the ones that have paid the most to live in Rye Brook. There is a fundamental issue of property rights. Changing the laws will prevent the property owners from realizing the full value of their land. The real problem here is that people in the area are opposed to change. They are opposed to any physical change to the neighborhood. Change is what enhances the value of the properties. Change is good. The appropriate response is not to change the laws. If the Village does not want another house on 13 Beachwood Blvd. "The Fisher's property" then the Village should compensate the homeowners. He urged the Trustees to vote against these changes. The homeowner of 758 King Street noted that his property was just on the cusp of the Ridge. As a homeowner in Rye Brook, and one that resides in the area of intended change, he noted that he was in favor of the upzoning, with a valid and objective viewpoint. He stated that he was quite mindful of the rights of the landowners. The Board of Trustees' has the job of keeping the character of the Village of Rye Brook— this includes the look and the subjective nature. There are tax ramifications to squeezing in more homes — more homes, more taxes. He pointed out that additional homes would overburden the school Board of Trustees September 26,2006 Page 5 district. He hoped that his neighbors would consider the ramifications, such as the elimination of green space and environmental effects. Like every investment that one makes purchasing a home is subject to a risk. There are a certain amount of lots that are directly effected by upzoning because now they cannot subdivide. The nature and feel of this community is what makes Rye Brook Rye Brook. The Byram Ridge area is a special area. People look to live in this area because of the character, the open space, the large lots. He thanked that Board for taking a stand now. Input from the public is needed when considering these types of changes, and he thanked the Board for allowing the public to comment on this matter. Barbara Laufer of 10 Loch Lane addressed the Board. She noted that she has been a resident of Rye Brook for over 25 years. The Byram Ridge area has a charm that makes it a very special neighborhood. There have been changes in the area that are very disconcerting. She noted that there were two (2) issues here. The Board recently heard about the dissatisfaction from homeowners about the process being too cumbersome. The process is slow, and the Board is reviewing this matter. The second issue — and the real issue — is that the Byram Ridge area is being over-developed. We are losing the woodsy, open feeling. Enough is enough. This is not a new issue. She felt that upzoning is a step in the right direction. She noted that she was not opposed to change, but she did not want to see the neighborhood changed. The size of the homes should be proportionate to the size of the lots. Mausoar Havik of Woodland Drive addressed the Board. He noted that this area is a unique area and very special. In the past three years there has been an onslaught of development. He urged the Board to support the upzoning. Dick Putledge of 38 Hillandale Road addressed the Board. He noted that he has lived in his home since 1969. He stated that he was in support of the proposed upzoning. A lot of damage has already been done by subdivision and new construction. The changes that have occurred have done damage. He asked the Board to support the upzoning. Another resident noted that he and his wife have lived in the area for over 30 years. He pointed out that there is a logic involved in upzoning. This is one community with very different and distinct neighborhoods. The Byram Ridge area is vastly different from the other neighborhoods Board of Trustees September 26,2006 Page 6 in Rye Brook. It is unique with its lot size, green open space, and the older homes. This is the estate section of Rye Brook. He noted that he has reviewed the Village meeting tapes, and he understood the objections. Developers need parcels of land to build on. They support subdivisions. These larger lots will be under siege unless something is done. Zoning laws evolve. They are not constant. This upzoning is the next step in the evolution. There is fear that is fueled by misinformation. The Board of Trustees represent the community, and the community should be allowed to evolve with integrity. The homeowner of 19 Bonwit Road, who also owns 18 Woodland Drive, addressed the Board. She noted that as the owner of 18 Woodland Drive she needed to be concerned. She signed a contract on 18 Woodland Avenue weeks before the Moratorium. She asked that the Board consider the buyers in this area. For the past five months she had to pay double housing expenses because of the slow process in the Village. The changes to the code which result from the upzoning would stop her from moving forward. She asked that the Board consider those residents that are stuck in the process. Linda Whitehead an attorney representing the owner of 13 Beachwood Blvd. addressed the Board. Changing the minimum lot size in this area would not result in smaller house. Although it may effect the height setback ratio, it will not stop the teardowns. She noted that this is not an area that has had a proliferation of subdivisions. She urged the Board to think long and hard before making the changes to the zoning of this area. The Task Force that was put together to review this area has recommended that the Village not upzone. There is an effect that will be created by non-conforming properties, and it can absolutely prevent homeowners from adding on to their house. The height setback ratio is being changed and existing homes may not meet the new setbacks. The value of the properties in this area could be decreased because the properties are non-conforming. This could effect what can be done on the house in the future. This is a significant concern that relates to all of the properties in this zoning district. She noted that in 2002 there was a two (2) lot subdivisions before the Village. Since that time a series of zoning changes were implemented. Ms. Whitehead stressed that the upzoning was not recommended by the Task Force that was put together to review this area. The Planning Board made the recommendation anyway. Some of the changes will be much more restrictive in this zone than in any other zone. There are a Board of Trustees September 26,2006 Page 7 number of circular driveways in this area that will now become non- conforming. The Village needs to really review this matter and not rush into making the proposed changes. There are a lot of narrow deep lots in this area. The spaciousness is in the rear yard. There are a number of oversized lots beyond the circle. She felt that these proposed amendments will not accomplish the goals of the Village. The number of lots that could be subdivided is minimal. The lots in this area are totally different in configuration. Some lots have oversized lots with the homes set way back. She asked that the Board consider these amendments noting that the changes will effect a number of people in the Byram Ridge Area. Ms. Whitehead also pointed out that when homes in an area are rebuilt, and improvements are made, the property values go up. Trustee Patricia Sanders-Romano, and chairwoman of the Byram Ridge Task Force noted that this has been a very interesting topic. The Task Force was made up of Rye Brook citizens and consultants and an advisory report was produced. The most concern was that there were homeowners that were effected by the Moratorium. The Board of Trustees referred the matter to the Planning Board. The Planning Board requested additional information from the Village's consultants and then referred the matter back to the Board of Trustees. What has evolved is the proposed law, which she supports. The concept will be continued to be studied, but all residents of Rye Brook benefit from the changes. Robert Nioris of 61 Hillandale Road addressed the Board. He noted that there were a lot of good comments. He addressed the issue of non- conforming. There are certain zoning laws and regulations that will stop the constructions of McMansions. The maximum home in an R-20 Zone now is approximately 3800 square feet. He felt that it was not necessary to upzone. He could not understand the impetus to go to an R-25 Zone. He noted that he was taking these amendments personally as it would stop him from being able to subdivide his property. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that when he moved into the Town of Rye it was wooded farmlands with dirt roads. Over the years there were cookie cutter developments. As time went on there were subdivisions and re-subdivisions. The middle classes' wealth is within their home. The communities develop the taxes increase. Now we are at the point where there is almost no land left. No one is preserving the land. He noted that he believes that open space should be kept open. No one loves their land anymore. They Board of Trustees September 26,2006 Page 8 look at it as if it is money. He felt that the subdivisions would ruin the community. The resident of 2 Hillandale Road addressed the Board. She noted that the Zoning change will effect some individuals, but the property rights of some should not effect the rights of others. There was never flooding until after the Arbors were built. When Little Kings Way was developed more flooding resulted. Those that suffer the effects of the subdivisions have no recourse. People subdivide their property and add impervious surfaces that effects the drainage. At some point the Village must decide to put the cart before the horse. There are other changes that will need to take place over time. She felt that it was necessary to upzone this area in order to protect the size of the lots in the Byram Ridge area and to protect the character of the area. Jeffrey Diamond, the homeowner of 4 Loch Lane, noted that he spoke at the last meeting. He emphasized his support for the zoning change in the Byram Ridge Area. He stated that at the last meeting some individuals noted that the process has become very difficult. The process and those complaints should be separate from the discussion regarding upzoning. It is important to note that all of Rye Brook benefits by keeping as much green space as possible. Ted Fisher of 13 Beechwood Blvd. addressed the Board. He felt that the Village was making residents lives as difficult as possible. He noted that a petition was passed around and was signed by approximately 60 individuals. He felt that the laws in place aggressively protect open space. He could not understand why the Task Force did not recommend any changes in the zoning code, yet the changes were now being voted on by the Board of Trustees. It was his opinion that upzoning would be imprudent. He noted that he is one of the individuals that is considering a subdivision of his property, and upzoning meant taking away his rights. Passing this law means setting up the Village for a major lawsuit. He felt that it was morally and ethically wrong to take away the rights of property owners. He suggested that all existing applications be grandfathered. Mayor Rand turned to the Board for final comments. There being none, he 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 at 9:22 p.m. Board of Trustees September 26,2006 Page 9 MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE RESOLUTIONS: 1) PROPOSED AMENDMENTS TO CHAPTER 250 OF THE VILLAGE CODE CONSIDERING REZONING A PORTION OF THE R-20 ONING DISTRICT TO A NEW R-25 ZONING DISTRICT Mr. Christopher Bradbury read the following resolution: CREATING THE R-25 ZONING DISTRICT AND ADOPTION OF A NEW ZONING MAP WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapters 250 and 196 of the Village of Rye Brook Village Code regarding the R-20 Zone; and WHEREAS, the local law was referred to the Planning Board and the Westchester County Planning Department for review and comments; and WHEREAS, the Planning Board reviewed the local law and made certain recommendations including that a new zoning district be created out of a part of the existing R-20 District and the Board of Trustees adopted said recommendations into a revised draft of the local law to include the creation of a new R-25 Zoning District; and WHEREAS, a draft zoning map that includes the location and limits of the new R-25 zone was prepared; and WHEREAS, a public hearing on the matter was opened on September 12, 2006 and closed on September 26, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Village Board, as Lead Agency for the review of the proposed law pursuant to the requirements of the State Environmental Quality Review Act, and after Board of Trustees September 26,2006 Page 10 review of the expanded EAF and due deliberation, finds that such local law will not result in any significant adverse environmental impacts. AND BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts a Negative Declaration for the reasons stated herein, hereby ending the State Environmental Quality Review process. AND BE IT FURTHER RESOLVED, that the draft zoning map and local law amending Chapter 250 of the Code of the Village of Rye Brook to create a new section 250-19.1 for the regulation of the newly created R-25 Zoning District and to amend Chapter 196 and various other sections of the code to include or reference the new R-25 zone, are hereby adopted. Trustee Feinstein noted that the Board has been bombarded by comments on this issue. She pointed out that there has been a great deal of passion exhibited. This law is about a balancing act. It is balancing the needs and wants of the community and the rights of the property owners. The Board of Trustees is here to serve the community, and they must look to the future. The Zoning Code has been an evolutionary process, and has been changing over the past decade. The Vision Plan of 2000 is very important because it is the closest things to a master plan for this community. The Vision Plan took six months to put together, during which time the future of Rye Brook was carefully studied. The Planning Board was given final approval authority. There are now liaisons to all Village Boards. She noted that one of the recommendations from the Vision Plan was to modify the Village's Code to encourage preservation of the Village's character. Over time portions of the Vision Plan have been implemented. Preservation of the Village's under or undeveloped properties is a high priority. Upzoning this area is a response to comments from the community as a whole. Change is fine, but the character of the community must be balanced. She noted that the Byram Ridge area is unique. It is the high-end area of the community. Many residents who have lived in other parts of the Village have moved to the Byram Ridge area because this area offers something that the other parts of this community do not offer. There are mature trees, and open space and this area must be preserved. This is not to say that the homes should not be improved. The homes that have commanded the higher purchase prices are in the Byram Ridge area. This local law is more than just upzoning. It is important to note that these proposed changes do not deal with one (1) particular subdivision. There is a problem with the Village's process, and this issue will be discussed at a Board of Trustees September 26,2006 Page 11 future Board of Trustee meeting. However, the changes to the local law is a separate issue from the problems with the process. Allowing more subdivisions would mean that trees would be destroyed and open space would be lost. These amendments are a balance. Having heard from both sides, Trustee Feinstein noted that in her opinion the Board should approve the amendments. Trustee Michael Brown noted that the Board of Trustees is looking at ways to preserve the area. Trustee Rosenberg noted that one of the things that strikes him about this law is that it goes to the heart of the character of the community. The Byram Ridge area is the most desirable area of Rye Brook. These amendments will reduce impervious surfaces, it will make sure that flooding problems are reviewed and resolved. Mayor Rand noted that he resides in the Byram Ridge area. He requested advisory opinion from the Ethics Board, and that board opined that refusal was not warranted. However, while he did not recuse himself from participating in the discussion, he would abstain from voting. He agreed with the members of the Board, reiterating that the Byram Ridge area has a character of its own. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders- Romano, the resolution was adopted. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND ABSTAINED Mayor Rand called for a ten-minute recess. Upon the Board's return, Mayor Rand reminded everyone that the second public hearing on the agenda, along with the resolution, was tabled to the October 10, 2006 Board of Trustees meeting. He then called for the third public hearing: Board of Trustees September 26,2006 Page 12 3) PUBLIC HEARING TO CONSIDER CONVERSION OF 27,000 SQUARE FEET OF SPACE IN THE PLAZA Mayor Rand declared the public hearing open. Steven Silverberg, Esq., legal counsel for the applicant, addressed the Board. He noted that this matter has been before the Board at previous meetings. A full presentation was made for the Board at that time. Essentially, as was pointed out in June, there will not be any adverse impacts as a result of this change. The Planning Board has reviewed the issue over the summer. All of the issues were discussed: traffic, parking, etc. The Planning Board adopted a resolution and referred the matter back to the Board of Trustees. Mayor Rand called for comments from members of the public. Mr. Adler, an attorney, representing certain tenants, addressed the Board. He noted that the subject property is non-compliant in connection with parking. Mr. Silverberg responded that this is a legal non-conforming center in connection with parking and the applicant is not increasing that non- conformity. Trustee Feinstein noted that she reviewed the Planning Board meeting but was confused on one matter. She asked that Mr. Silverberg elaborate on where the 27,000 square feet to be converted was located. She noted that there are two levels to the shopping center. Mr. Silverberg noted that the conversion of 27,000 square feet is for the rear building. He noted that 27,000 square feet of retail is the same whether it is on the first floor or on the fourth floor. The total square footage of all of the buildings is approximately 98,000 square feet. Trustee Feinstein stated that in order for her to make a proper assessment, she needed to know that nature of the stores being considered for this 27,000 square feet. Mr. Silverberg noted that this property includes a retail use. The type of uses that exist in this shopping center operate at all different times. He felt that the additional 27,000 square feet of retail would not have an impact because it will be consistent with the types that already exist. A physical evaluation will be made of the building. The changes are from medical offices to retail. The doctors all have different schedules and some are even open on Sundays, therefore, the nature of this site will not change. He argued that by moving the intensity across the site Board of Trustees September 26,2006 Page 13 that it would lessen the usage of the parking area. The doctors' offices will be mixed in. Trustee Rosenberg stated that the services to the community need to be reviewed. The pediatrician's office is sitting smack dab in the middle of the floor space that the applicant is looking to convert. A pediatrician's office is an important element to the Village. Mr. Silverberg noted that the applicant was not looking to push anyone out of the building. It takes forever to get approval for a site plan. A potential tenant does not want to wait five or six months to be approved. The applicant is not looking to convert the entire building into retail. He is not looking to push any of the doctors out. Trustee Brown noted that he was looking for clarification of where the 27,000 square feet that the applicant was looking to convert was. Mr. Jim Ryan of John Myers Consulting presented the Board with diagrams of the shopping center. It was noted that the area of conversion that originally started the application was a much smaller area. The building itself limits the size of the retail stores that can come in. This center does not lend itself to larger retain stores. Corridors must be maintained for fire access. The intent is to work around the current tenants in the building. Mr. Ryan noted that the depth of the stores is 60'. For a retailer to actively use these areas escalators would have to be installed. Trustee Feinstein noted that there is a section of the Village's Code that deals with retail use. Mr. Silverberg noted that the applicant is only asking permission to convert space to retail. He noted that there were other existing restaurants in the center and it is possible that one of the restaurants may want to move to another area of the center. The Building Inspector must review restaurant and other uses and make the determination at that time as to whether or not further review is warranted. No blanket preclusion of restaurants is being requested. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the public hearing was closed. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE Board of Trustees September 26,2006 Page 14 LAWRENCE RAND VOTING AYE 3) CONSIDERING THE CONVERSION OF 27,000 SQUARE FEET OF SPACE IN THE PLAZA BUILDING Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN APPLICATION FOR A CHANGE OF USE AT RYE RIDGE SHOPPING CENTER, WIN RIDGE REALTY, LLC WHEREAS, the Board of Trustees is in receipt of an application by Win Ridge Realty, LLC requesting authorization for the conversion of up to an additional 27,000 square feet of the plaza building from medical office to retail use without further site plan review for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue in Section 1, Block 22, Lots 3, 3A and 4A-A of the Town of Rye Tax Map and located in the C1-P Zoning District; and WHEREAS, 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, on August 10, 2006 the Planning Board recommended authorization of conversion of up to an additional 27,000 square feet of space of the plaza building from medical office to retail use (as defined in Section 250-31.A. (2) of the Village Code) without further site plan review, limiting its recommendations solely to a conversion to retail use after being provided with a detailed presentation from the Applicant's development team as to an analysis of the impacts from this conversion on the various site plan criteria and concerns such as traffic generation, traffic flow and patterns, parking, deliveries and refuse handling, among others and noting that no such empirical data was presented with respect to the impacts to traditional site plan concerns from a conversion to a restaurant of any size; and WHEREAS, the Planning Board recommended that any future conversion to a restaurant, if ever proposed, be evaluated by the Building Department at that time to determine whether or not site plan review is Board of Trustees September 26,2006 Page 15 necessary. The granting of conversion to retail use should in no way be deemed an authorization to support the conversion of any space to a restaurant use; and WHEREAS, the subject application was referred to the Westchester County Department of Planning; and WHEREAS, on September 26, 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 September 26, 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 Planning Board 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 regarding concerns such as traffic generation, traffic flow and patterns, parking, deliveries and refuse handling, among others 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 application by Win Ridge Realty, LLC requesting authorization for the conversion of up to an additional 27,000 square feet of the plaza building from medical office to retail use (as defined in section 250-31.A. (2) of the Village) without further site plan review for the Rye Ridge Shopping Center; and BE IT FURTHER RESOLVED, that because no empirical data was presented with respect to the impacts to traditional site plan concerns from a conversion to a restaurant of any size, the Board of Trustees determines that any future conversion to a restaurant, if ever proposed, be evaluated by the Building Department at that time to determine whether or not site plan review is necessary. The granting of conversion to retail use Board of Trustees September 26,2006 Page 16 should in no way be deemed authorization to support the conversion of any space to a restaurant use. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING NAYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE 4) PUBLIC HEARING CONSIDERING AMENDING CHAPTER 158 OF THE VILLAGE OF RYE BROOK VILLAGE CODE THE REGARDING NOISE ORDINANCE Mayor Rand declared the public hearing open. He noted that this matter was discussed at previous meetings. He opened the floor for discussion and comments from members of the public. There being no discussion, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was closed. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE 2) PROPOSED AMENDMENTS TO CHAPTER 158 OF THE VILLAGE OF RYE BOROK VILLAGE CODE REGARDING THE NOISE ORDINANCE Mr. Bradbury read the resolution: Board of Trustees September 26,2006 Page 17 RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 158 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOISE ORDINANCE WHEREAS, on September 12, 2006 the Board of Trustees introduced a Local Law to amend Chapter 158 of the Code of the Village of Rye Brook regarding the 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 hereby adopts the proposed Local Law amending Chapter 158 of the Code of the Village of Rye Brook regarding the noise ordinance. Mayor Rand noted that gardeners, along with all residents, must be advised of these changes. Information is available through the Building Department, and during the implementation of these changes, the police department will cut some slack. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE 5) SETTING A DATE FOR A PUBLIC HEARING ON A SITE PLAN APPLICATION MADE BY DORAL ARROWWOOD FOR THE CREATION OF TENNIS COURTS Board of Trustees September 26,2006 Page 18 Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN AMENDED SITE PLAN FOR THE DORAL ARROWWOOD CONFERENCE CENTER, SECTION 129.26, BLOCK 1, LOT 47 AND SECTION 129.34, BLOCK 1, LOT 42 WHEREAS, on June 7, 2006, Doral Conference Center Associates submitted an application to amend the approved site plan for the Doral Arrowwood Conference Center located on Anderson Hill Road west of King Street in Section 129.26, Block 1, Lot 47 and Section 129.34, Block 1, Lot 42 of the PUD Zoning District and the Anderson Hill Scenic Roads Overlay District proposing to add three tennis courts, enlarge an existing air-supported structure and relocate certain parking spaces south of the conference center building; and WHEREAS, the Planning Board referred the application back to the Village Board with recommendations on September 14, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a Public Hearing on Tuesday, October 10, 2006 at 7:30 pm at Village Hall, 938 King Street, Rye Brook, New York to consider amending the approved site plan for the Doral Arrowwood Conference Center; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Trustee Rosenberg noted that the Planning Board was looking for the original PUD for Arrowwood. Ed Beane, Esq. stated that the original PUD must be reviewed. On a motion made by Trustee Feinstein and seconded by Trustee Rosenberg, the resolution was adopted. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE Board of Trustees September 26,2006 Page 19 6) AUTHORIZING AN INSURANCE CONSULTANT TO REVIEW WORKERS COMPENSATION CLAIMS Mr. Bradbury recommended no action at this time. 7) CONSIDERING A PROPOSAL FOR A STUDY OF LIBRARY SERVICES Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING A STUDY ON LIBRARY SERVICES WHEREAS, the Village of Rye Brook requested a proposal for a consultant to study Rye Brook's current library services as well as potential alternative library services; and WHEREAS, the Village has received a study proposal from the Edwin G. Michaelian Institute for Public Policy & Management of Dyson College, Pace University. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Edwin G. Michaelian Institute for Public Policy & Management of Dyson College, Pace University, to perform "phase 1" of a study of library services at a price of$20,000; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby authorizes the payment for this study to be paid from the 2006-07 Village Contingency Account (1990.424). Mr. Bradbury noted that the scope of the study has been modified and the cost has been reduced. A copy of the resolution will be forwarded to the Village's representative to the Port Chester Public Library. On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg the resolution was adopted. Board of Trustees September 26,2006 Page 20 MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE 8) AUTHORIZING AN INCREASE IN RATES FOR FREDERICK P. CLARK ASSOCIATES Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING AN INCREASE IN RATES FOR FREDERICK P. CLARK ASSOCIATES WHEREAS, at its April 11, 2006 annual organizational meeting, the Board of Trustees authorized Frederick P. Clark Associates, Inc. to represent the Village as its planning consultant for 2006-07 official year; and WHEREAS, the Village has received a request for a 3.5% hourly rate increase from Frederick P. Clark Associates. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby approves the new hourly rate schedule for Frederick P. Clark Associates, Inc., effective June 1, 2006, as indicated in their letter dated September 22, 2006. Trustee Rosenberg noted that although he appreciated the work done by the firm of F.P. Clark, he would be voting against this resolution. He felt that the fees were high enough, and that this increase would raise the financial burden of the applicants. There has been discussion about the process and the length of time it takes, and this is one of the things that increases the cost to the residents. Board of Trustees September 26,2006 Page 21 Mr. Bradbury noted that additional information would be supplied at the October 24th meeting. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING NAYE LAWRENCE RAND VOTING AYE ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the leaf program under the Village's Code starts October 1st. If residents have placed leaves out prior to this date, they will sit there until the program starts. The company that is responsible for removing the Village's green waste is CRP. Mr. Bradbury reminded the residents to remove branches, stones, and other debris from the leaf piles. This is a safety issue for the workers, as well as protection for the equipment. Mr. Bradbury noted that the Port Chester High parking permits were issued again this year. There were 150 teachers who were issued permits last year, and approximately 130 teachers received permits this year. The Village will be utilizing the services of the New Rochelle Humane Society starting on October 1, 2006. Any dogs that are running loose will be picked up and brought to New Rochelle. Mr. Bradbury noted that his office has visited the New Rochelle Humane Society and found it to be clean, and the animals well cared for. The King/Hutch/Merritt intersection is being reviewed with the New York State Department of Transportation, Greenwich and Rye Brook. Mr. Bradbury noted that Greenwich and Rye Brook are on the same page now. Mayor Rand noted that The Journal News carried an article on Saturday, September 23, 2006 regarding the service or lack of service provided to the Board of Trustees September 26,2006 Page 22 community by Con Edison. The Village will voice its official chagrin at the County and State level. Mayor Rand noted that for the past 2-�/z years Keane & Beane has been working on an application to recover some of the costs that were incurred by the Village for contaminated soil found on the site of the firehouse. The determination was that the Village was not responsible for the costs. The Village is seeking recovery from the State, and the State will then seek recovery from the responsible party. One of the last acts of the Board of Trustees of United Hospital was to assist the TWIGS in a fundraising effort. They have made a donation to the EMS Corp that responds to Rye City, the Village of Port Chester and the Village of Rye Brook. Trustee Rosenberg noted that he had suggested that other meetings within the Village be televised. This would enable residents to see how the Village how the process goes from start to finish. He noted that he had asked Mr. Bradbury to do an analysis to see what it would cost to televise the meetings. Mr. Bradbury responded that he found the costs to be minimal. The question of who would run the cameras during the taping of the meeting came up, and a suggestion was to bring in an intern or contact the school districts to see if there would be interest from some of the students interested in video work regarding running the cameras, with adult supervision. The Board discussed this matter and decided to start with the Zoning Board of Appeals and see how it goes from there. Trustee Feinstein noted that this could also count as community service for high school students who would be volunteering their time. Mayor Rand noted that the next Meetings were scheduled for October 10, 2006 and October 24, 2006. There being no further business before the Board, Mayor Rand called for a motion for an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the meeting was adjourned at 10:46 p.m. and the Board went into an Executive Session. Board of Trustees September 26,2006 Page 23