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HomeMy WebLinkAbout2006-10-24 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 24, 2006-7:30 P.M. 7:00p.m. Executive Session— Personnel and Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS RESOLUTIONS: 1) Referring a proposed local law to the Planning Board amending various subsections of Chapter 250 regarding gross floor area calculations in residential zoning districts 2) Setting a public hearing on a proposed local law amending Chapter 91 of the Code of the Village of Rye Brook regarding Building Construction and Fire Prevention 3) Setting a public hearing on a proposed local law amending Chapters 100 and 209 of the Code of the Village of Rye Brook regarding the attachment of certain permits to certificates of occupancy and the duration of site plan approval 4) Authorizing an agreement with The Michaelian Institute for Public Policy and Management of Pace University, for professional services for the study of library services 5) Authorizing use of Village streets for Win Ridge Realty L.L.C. to conduct their annual Thanksgiving Day Parade 6) Authorizing use of Village streets for Tamarack Tower Foundation Thanksgiving Day Turkey Trot Board of Trustees October 24,2006 Pagel ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS 1) Discussion of Land Use Procedures ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING NEXT TRUSTEES MEETINGS: November 14,2006 and November 28, 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 Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the October 24, 2006 Regular Meeting of the Board of Trustees to order at 7:55 p.m. He noted that there were six (6) resolutions on the agenda, and no public hearings. He called on Mr. Christopher Bradbury, Village Administrator, to read the first resolution. Board of Trustees October 24,2006 Page 2 RESOLUTIONS: 1) REFERRING A PROPOSED LOCAL LAW TO THE PLANNING BOARD AMENDING VARIOUS SUBSECTIONS OF CHAPTER 250 REGARDING GROSS FLOOR AREA CALCULATIONS IN RESIDENTIAL ZONING DISTRICTS Mr. Christopher Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW TO THE PLANNING BOARD AMENDING VARIOUS SUBSECTIONS OF CHAPTER 250 REGARDING GROSS FLOOR AREA CALCULATIONS IN RESIDENTIAL ZONING DISTRICT WHEREAS, the Board of Trustees introduced a local law proposing to amend various subsections of Chapter 250 of the Village of Rye Brook Code regarding Gross Floor Area Calculation in residential districts. NOW, THEREFORE BE IT RESOLVED, that the local law is referred to the Village of Rye Brook Planning Board for a report and recommendation and the Board of Trustees requests that that Village Planning Consultant refer the revised local law to the Westchester County Planning Department; AND BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on December 12, 2006 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Paul Rosenberg, the resolution was opened for discussion. After a brief discussion, Mayor Rand noted that he felt that this particular law was not ripe for consideration. He stated it made sense to continue review on this matter and then consider it for adoption at a future date. Trustee Joan Feinstein also felt that it was not time to start instituting this type of legislation since there are changes to the Zoning Code that are still Board of Trustees October 24,2006 Page 3 new and the Village has not yet had the opportunity to see the impact. She felt that at this point in time the Village should step back a little bit and keep this matter on the back burner. Ms. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She agreed with Trustee Feinstein's concerns. Some of the newer changes to the Village Code would interplay with the proposed amendments. The Village needs to take a closer look at all of the Zoning Districts and how these changes would affect the smaller lots. Trustee Paul Rosenberg pointed out that the Planning Board was reviewing the proposed changes to Chapter 250. He felt that it would be prudent to wait on these changes until more research could be done. Trustee Michael Brown agreed with his fellow Board members in that this matter required additional review. Trustee Patricia Sanders Romano stressed that the bigger picture needed to be reviewed. Mayor Rand directed Ms. Timpone Mohamed to continue the review on this matter. No vote was taken on this matter, and the resolution was adjourned. Mayor Rand called for resolution #2 on the agenda: 2) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 91 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING BUILDING CONSTRUCTION AND FIRE PREVENTION Mr. Bradbury read the following resolution: Board of Trustees October 24,2006 Page 4 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 91 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING BUILDING CONSTRUCTION AND FIRE PREVENTION WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 91 of the Village of Rye Brook Code regarding Building Construction and Fire Prevention. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on December 12, 2006 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mr. Bradbury noted that this local law was drafted with the assistance of Village Counsel, the firm of Keane & Beane. He noted that nothing additional is being requested during the application process. These amendments simply clarify what is what is being requested. Under the law the Building Inspector is the Fire Inspector. The language in a few of the areas still requires some clarification. Also to be reviewed are the applications that become dormant and sit sometimes for months or years. Mayor Rand suggested that the public hearing be scheduled for December 12, 2006 to allow for the additional review time necessary. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted as amended. Mr. David Burke, Assistant to the Village Administrator, called the roll: MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE Board of Trustees October 24,2006 Page 5 3) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTERS 100 AND 209 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE ATTACHMENT OF CERTAIN PERMITS TO CERTIFICATES OF OCCUPANCY AND THE DURATION OF SITE PLAN APPROVAL Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTERS 100 AND 209 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE ATTACHMENT OF CERTAIN PERMITS TO CERTIFICATES OF OCCUPANCY AND THE DURATION OF SITE PLAN APPROVAL WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapters 100 and 209 of the Village of Rye Brook Code regarding filing of certain permits with a certificate of occupancy and expiration of site plan approval. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on November 28, 2006 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mr. Bradbury noted that these amendments were requested by the Planning Board. The intention of the proposed amendments is to move the process along. The Village is trying to steer away from adding conditions to approvals. Trustee Feinstein asked for clean up of the language in Section C in order to make this matter crystal clear. The process starts at the Planning Board level, but the application may need to be referred to the Zoning Board of Appeals. These amendments would help an applicant avoid a delay when and if an application is referred to the Zoning Board of Appeals. Trustee Feinstein wanted to be sure that the definition of site plan approval was clear. A second issue to be discussed is that some times the commencement of construction is delayed and the Zoning Board has been known to place the condition on applications that they must commence one year from the granting of the application. Mayor Rand noted that the Building Board of Trustees October 24,2006 Page 6 Department does have some leeway to grant the applicant an extension. Trustee Rosenberg felt that if the Building Department had the ability to make this extension it would save time since referring an application back to the Planning Board could add months to the process. He suggested that residential applications be under the Building Inspector's purview and commercial application be referred back to the Board with approval authority. Mr. Bradbury suggested that the public hearing be set for November 28, 2006. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted as amended. MICHAEL BROWN VOTING AYE JOAN FEINSTEIN VOTING AYE PATRICIA SANDERS-ROMANO VOTING AYE PAUL ROSENBERG VOTING AYE LAWRENCE RAND VOTING AYE 4) AUTHORIZING AN AGREEMENT WITH THE MICHAELIAN INSTITUTE FOR PUBLIC POLICY AND MANAGEMENT OF PACE UNIVERSITY, FOR PROFESSIONAL SERVICES FOR THE STUDY OF LIBRARY SERVICES Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THE MICHAELIAN INSTITUTE FOR PUBLIC POLICYAND MANAGEMENT OF PACE UNIVERSITY, FOR THE STUDY OF LIBRARY SERVICES WHEREAS, at the regular meeting of the Village Board held September 26, 2006, the Village Board unanimously approved a proposal from the Edwin G. Michaelian Institute for Public Policy & Management of Dyson College, Pace University to perform "phase I" of a study of library Board of Trustees October 24,2006 Page 7 services, as well as the authorization of the payment of $20,000 for these services; and WHEREAS, the Village of Rye Brook has received an Agreement for Professional Services from the Edwin G. Michaelian Institute for Public Policy & Management of Dyson College, Pace University to perform the services identified in their study proposal. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the Agreement for Professional Services between the Village of Rye Brook and the Edwin G. Michaelian Institute for Public Policy & Management of Dyson College, Pace University, to perform "phase 1" of a study of library services as identified in the previously approved study proposal; and be it further RESOLVED, Mayor is hereby authorized to sign this Agreement for Professional Services, or any other documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Rand noted that this matter has been discussed by the Board at previous meetings. 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 5) AUTHORIZING USE OF VILLAGE STREETS FOR WIN RIDGE REALTY L.L.C. TO CONDUCT THEIR ANNUAL THANKSGIVING DAY PARADE Mr. Bradbury read the following resolution: Board of Trustees October 24,2006 Page 8 RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, L.L.C. TO CONDUCT THEIR ANNUAL THANKSGIVING DAY PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 24, 2006 for the annual Thanksgiving Day Parade along the route described in the letter dated October 5, 2006 from Elinne Dominguez, Assistant Property Manager for Win Ridge Realty, L.L.C.; and BE IT FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, 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 6) AUTHORIZING USE OF VILLAGE STREETS FOR TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT WHEREAS, the Tamarack Tower Foundation requests permission to hold its annual Thanksgiving Turkey Trot on Thanksgiving Day, Thursday, November 23, 2006 from 9:30 AM to 10:30 AM. Board of Trustees October 24,2006 Page 9 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 23, 2006 from 9:30 AM to 10:30 AM along the route described in the letter dated October 10, 2006 from Peter Mutino, President of the Tamarack Tower Foundation; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Sanders Romano, 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 Mayor Rand called upon Mr. Bradbury for the Administrator's Report: ADMINISTRATOR'S REPORT Mr. Bradbury began his report with a reminder about Halloween safety. He noted that any individual found with shaving cream, eggs, etc. would have these items confiscated by the police. In addition, Village parks close at dusk, and park closings will be enforced. The Reverse 911 is up and running. Anyone wishing to add phone numbers, i.e.: cell or work numbers, can do this by going on the Village's website. Mr. Bradbury noted that Mr. Fred Seifert, Public Service Coordinator, has been working on this program, which is now in place. The ball fields are being utilized. A fence has been installed on the southern portion of the property. The rest room construction is progressing, but progressing slowly. It is the Village's hope that the rest rooms will be ready for spring. The paving work is also continuing. Reckson has donated funds for the scoreboard, Board of Trustees October 24,2006 Page 10 which is now being constructed. A flagpole will also be constructed somewhere in the vicinity of the scoreboard. Mayor Rand called for the discussion item on the agenda: DISCUSSION ITEMS 1) DISCUSSION OF LAND USE PROCEDURES Trustee Feinstein noted that she placed this matter on the agenda as a discussion item. During discussions of other matters there has been a lot of comments from residents regarding the lengthy process for applications. Many individuals who have gone through the process have become frustrated at one point or another. She was hoping that the Board could come up with ways to streamline the process. At Trustee Feinstein's request, the Village Staff and Village Consultants reviewed this matter and a memo was prepared for the Board of Trustee's review. She felt that the first step would be better communication regarding land use procedures. Mr. Bradbury noted that a meeting was held with staff and consultants, and the memo before the Board is a starting point for discussion and changes. The site plan review process has been reviewed and it was found that it can take as little as six (6) months and as long as one (1) year to get through the entire process. Some applications, depending on the size of the scope, take longer than one year. Checklists have been created, and are very helpful. Using the checklist an applicant becomes aware of what the Village Staff and Consultants are looking to see and they come in knowing what is expected of them. There was a time when members of various boards felt that residential applications should get site plan review. Changes were made to the Code to include residential applications. Trustee Rosenberg suggested that along with the checklist, a sample residential site plan be given to all applicants. This would help with applicants and architects that are not familiar with the Village's Code and clearly show what is needed as part of their application. He felt that when an application reaches the Planning Board, having all of the information needed for review would speed up the process. Mr. Bradbury responded that an example of a residential site plan has been share with applicants but, as suggested by Trustee Rosenberg, it could also contain landscape and storm water management plans. Board of Trustees October 24,2006 Page 11 Mayor Rand noted that the objective of the amendments being proposed are to alleviate the frustration of the residents, and move applications through the process in a more expeditious manner. The Village is also looking at ways to lower the costs involved with the application process. Mr. Bradbury noted that the revisions, and the back and forth do take quite a bit of time. The Village needs to review the process thoroughly and figure out how to narrow down the time spent. Trustee Feinstein felt that a mandatory pre-application conference between the applicant, the applicant's professionals, and the Village's staff would be very productive. Ms. Timpone Mohamed, Village Consultant, agreed that a pre-application conference would help to solve a lot of problems, answer a lot of questions, and address issues that may arise in connection with complicated applications such as a tear down. The larger applications would benefit from having a meeting with the staff and/or Planning Board prior to the application to discuss the concept of the application. This should be part of the design development process because having a sense from the Planning Board as to what they are looking for and what types of revisions they will require would definitely move the process along. She explained that very often the professionals go way too far with the design of the building before they know whether or not the application is feasible. Going too far in the design and having to make extensive changes can become very expensive for the applicant. Trustee Feinstein noted that communication is an important part of the process. Discussing how to get from point A to point B should take place before being the matter is placed on the agenda for the Planning Board. Ms. Timpone Mohamed noted that a lot of municipalities have put their procedures on their website in plan language that is easily understood by the residents. Most of the time it is hard for the residents to understand the process and some of the professionals that are hired by applicants are not familiar with the Village's Code. The website could provide information on what is expected from an applicant and their professionals when they appear at a public hearing. Trustee Sanders Romano noted that the Village must take a look at how to accomplish the goal of streamlining the process and not overburdening applicants financially. Mayor Rand suggested a workshop at the Planning Board level. He felt that it is important to ensure that professionals are schooled in the Rye Board of Trustees October 24,2006 Page 12 Brook ways. It is logical to have a pre-application conference with the applicant and their representatives. He noted that the Board of Trustees has been looking for ways to make the process easier. Trustee Rosenberg noted that the Planning Board had a work session recently where they discussed having a pre-meeting with applicants and their professionals. They also discussed procedures that could be printed up and given to applicants. Mr. Bradbury pointed out that a lot of the work could be done internally. Trustee Rosenberg expressed his feelings regarding timing and delays that some applicants experience because of the way that things come out of Boards, i.e.: referred by the Planning Board to the Zoning Board of Appeals and the next ZBA meeting is a month later. In some cases because of notice requirements, etc., the applicants must skip a month before going on to the next step. Mr. Bradbury noted that some applications are before Boards for more than one month. Trustee Feinstein noted that the applicants should be aware that when they receive the approval from the Planning Board that there could be a delay in being heard by the Zoning Board. It was pointed out that Rye Brook now holds two Planning Board meetings a month, and the Planning Board now has approval authority over certain applications. These changes were meant to expedite the process. Mayor Rand noted that there would be times when an application is held up because of timing. There are also times when there is missing documentation. Just because someone wants approval yesterday it doesn't mean that they will get approval yesterday. The process has been accelerated by the Planning Board holding two (2) meetings per month, and the Village is continuing its review of the process. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the Village has been trying to educate the residents on the Village's Code and processes. He suggested that things be communicated in a simpler manner. Once the residents are aware of the process, they can share this information with their architects. Learning up front what the process is and what is expected of each applicant will reduce the timeframe. Mayor Rand noted that next steps from a policy viewpoint must be reviewed. He directed Mr. Bradbury to review this matter. Board of Trustees October 24,2006 Page 13 Trustee Rosenberg noted that there is a three (3) week submission requirement for the Planning Board. He suggested that this timeframe be cut back. Mr. Carosi noted that the Building Department reviews the applications and sometimes they are not quite ready. The three (3) weeks give the staff the opportunity to do a proper review. To properly serve the residents the timeframes in place now are necessary. A lot of work goes on behind the scenes, and there is a lot to be balanced. Mayor Rand noted that the amnesty program was underway. Many residents have taken advantage of this program, which has been keeping the Building Department very busy. There are a lot of areas being addressed by the Village, i.e.: hot water heaters. Information on this program can be reviewed on the Village's website. Mr. Carosi noted that there has been a lot of communication regarding types of projects that require review. He noted that he did not have numbers to present in the Board as to how many residents have taken advantage of this program, but could tell them that the plan is in full swing. Many residents have made calls to the Village to make sure that they have a Certificate of Occupancy on file. There are different requirements for different situations. A hot water heater installation requires a licensed plumber. Other applications require an electrician. There should be the right professional for each permit. The Village is trying to help residents create safe situations in their home. The licensed plumbers and electricians must come into the Village and make the application. The Village is here to help residents ensure that installations such as hot water heaters are done with safety in mind. Trustee Feinstein suggested that the Village not charge a fee for these types of review. This matter will be reviewed further. Mr. Carosi noted that the leaf program was off to a good start. The Village is trying to stay ahead of the season, and there are two (2) trucks out every day. He stressed that the leaf piles must be kept clear of branches and other debris. This must be communicated to the residents to be communicated to the landscapers. The program is going well. Mr. Carosi noted that it was a tough summer. There were many storms. There are now curbing and pothole work to be done. A list of areas to be repaired is being put together. Some of this work will be contracted out and the goal is to have it completed before the winter season. Board of Trustees October 24,2006 Page 14 Mayor Rand reminded everyone to keep their children safe on Halloween. He stressed that the police will be patrolling and items such as shaving cream and eggs will be confiscated. He asked that residents drive carefully and watch for the children. A compliant has been filed against Con Edison. The State is looking into the activities or non-activities of Con Edison. There is an investigation by the Public Service Commission. Westchester County is also involved. This type of response will not be tolerated. There are two upcoming events that have been scheduled for the same day — the Port Chester Library's auction and the Chamber of Commerce luncheon. He urged residents that were interested in either event to attend one or both. Mayor Rand noted that he was pleased to report that the over 90 party was held at the AJP — there were 14 Rye Brook residents that participated. They offered advice to other residents on ways to reach 90. It was a very amusing and happy occasion, and he thanked everyone involved for their hard work on this party. Mayor Rand called for members of the public wishing to address the Board. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked the Board of Trustees to review the application process and do what they can to simplify it and make it less expensive. Some simple transactions take a very long time. There is an amount of frustration within the Village when a resident is attempting to have an application approved. There is a tremendous amount of detail and red tape. The residents are losing their freedom. People want to be able to enjoy living in Rye Brook and they don't want to feel that they are living in an environment of total control. There being no further business before the Board, the meeting was adjourned at 9:25 p.m. Board of Trustees October 24,2006 Page 15