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HomeMy WebLinkAbout2005-01-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 25, 2005-7:30 P.M ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC HEARINGS: 1) Consideration of a Local Law regarding the adoption of the provisions of Section 1903 of the Real Property Tax Law concerning Homestead Base Proportions. 2) Consideration of a local law to amend Section 250-38 of the Code of the Village of Rye Brook regarding special use permit requirements for Tier II and Tier III Home Occupations. RESOLUTIONS: 1) Adopting a Local Law regarding the adoption of the provisions of Section 1903 of the Real Property Tax Law concerning Homestead Base Proportions. 2) Adopting a local law to amend Section 250-38 of the Code of the Village of Rye Brook regarding special use permit requirements for Tier II and Tier III Home Occupations. 3) Approving Inspectors of Election Village of Rye Brook–March 15, 2005. 4) Amending the License and Permit Fee Schedule. 5) Setting a public hearing date for a local law to add Chapter 179 and amend Chapters 250, 209, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board of the Village of Rye Brook. Board of Trustees Meeting January 25,2005 Page 1 6) Referring an application by Nextel for an agreement and site plan review to construct a wireless telecommunication facility at Village Hall, 938 King Street, Section 1, Block 1, Lots 9.1 and 9.2. 7) Authorizing an adjustment to the Nextel application Escrow account. 8) Adopting a Negative Declaration for proposed Rye Brook King Street Multi—Use Athletic Fields. 9) Approving a study to add road segments to the Scenic Roads Overlay Districts. 10)Referring the Lincoln Avenue Property Study Property Study to the Recreation Council. 11)Approving minutes: October 18, 2004 November 9, 2004; November 23, 2004; December 14, 2004. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: February 8, 2005 and February 22, 2005 BOARD Deputy Mayor Dean Santon Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Excused: Mayor Lawrence Rand Board of Trustees Meeting January 25,2005 Page 2 STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Stephanie Bell, Esq., Village Counsel Marilyn Timpone-Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Deputy Mayor Santon announced that Mayor Rand was away and was excused from the meeting. He called the meeting to order, beginning with the Pledge of Allegiance. Deputy Mayor Santon called for the first item on the agenda: 1) CONSIDERATION OF A LOCAL LAW REGARDING THE ADOPTION OF THE PROVISIONS OF SECTION 1903 OF THE REAL PROPERTY TAX LAW CONCERNING HOMESTEAD BASE PROPORTIONS. The public hearing was declared open at 7:47 p.m. Mr. John Wolham of the New York State Office of Real Property Tax Services (ORPS) began the presentation by noting that Homestead is a local option available to municipalities since 1981. Typically it becomes available when a reassessment is completed. When the Town of Rye conducted the reassessment they had the option of voting for the Homestead, which they did. The Village of Rye Brook gave up its assessing unit status, and Rye Brook will now be using the assessments from the Town. Because the Village is no longer an assessing unit, the Village has the option of passing a local law to adopt Homestead for Village tax purposes. The Village would need to pass this local law a minimum of 90 days prior to the tax roll being adopted. If this law were adopted the Homestead and non-Homestead shares that were paid for Village taxes prior to the reassessment will be used to establish a starting point. Properties that are considered Homestead are one, two, and three family homes; condos; vacant land that is ten acres or less that is used for residential use; and homes that have Home Occupation uses. Anything else would be classified as non-Homestead. There are adjustments that must be made by law, there are also adjustments that take place in each subsequent year after adopting Homestead. Board of Trustees Meeting January 25,2005 Page 3 Trustee Robert Harris expressed his concern about the shift. He noted a shift in the Rye Brook share when looking at Town and County tax. The base proportion changes have a much bigger impact. He asked that Mr. Wolham estimated the shift so that the Trustees could do their own calculations. Mr. Wolham responded that he had not estimated the shift out in tax dollars. He also stated that the numbers given apply only to the Village of Rye Brook and not the school district. Trustee Joan Feinstein questioned whether or not the school districts were included. Mr. Wolham responded that the Blind Brook School District and the Port Chester School District are included unless they opt out. Trustee Feinstein asked what the deadline to opt out date was for the school districts. Mr. Wolham stated that he would have to check, and would advise the Board of the deadline date. Mr. Wolham presented the Board of Trustees with the pre-reevaluation shares. The Homestead ratio or share would be 71.2158. The non-Homestead Share would be 28.7842. These two numbers add up to 100. If the Village were not to adopt Homestead, at that point, it would be 80.1518 and the non-Homestead share would be 19.8482. Each year there are mandatory adjustments that will take place, therefore, these numbers will change every year. Ultimately, over time, these numbers will probably move towards what they would had been if the Village did not adopt Homestead. Mr. Christopher Bradbury, Village Administrator, noted that a second resolution would need to be passed to adopt the numbers. Mr. Mitchell Markowitz, Tax Assessor, addressed the Board. He pointed out that this is an option that can be opted in or out. Trustee Feinstein noted that in the Village of Rye Brook Avon is not included in the Homestead Act. This would affect those residents. Mr. Wolham noted that this is a complex that was converted from residential apartments. Condos are typically assessed based on the value of each unit — the total of the units cannot exceed the worth of the complex as a whole. If condos are classed as Homestead, those condos can then legally be assessed on market values based upon themselves. The tax rate for non-Homestead properties are higher than the Homestead. Deputy Mayor Santon thanked Mr. Wolham and Mr. Markowitz for their presentation. He called for a motion to close the public hearing. Board of Trustees Meeting January 25,2005 Page 4 On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the public hearing was closed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Deputy Mayor Santon called for the resolution: RESOLUTIONS: 1) ADOPTING A LOCAL LAW REGARDING THE ADOPTION OF THE PROVISIONS OF SECTION 1903 OF THE REAL PROPERTY TAX LAW CONCERNING HOMESTEAD BASE PROPORTIONS. Mr. Bradbury read the following resolution: RESOLUTION ADOPTING A LOCAL LAW REGARDING THE ADOPTION OF THE PROVISIONS OF SECTION 1903 OF THE REAL PROPERTY TAX LAW CONCERNING HOMESTEAD BASE PROPORTIONS WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on January 25, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on January 25, 2005; and WHEREAS, the Board of Trustees of the Village has complied with the provisions of the New York State Environmental Quality Review Act and has determined that adoption of such local law is a "Type 11" action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests of the Village to adopt such local law. Board of Trustees Meeting January 25,2005 Page 5 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law regarding the adoption of the provisions of Section 1903 of the Real Property Tax Law concerning Homestead Base Proportions; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Harris, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Deputy Mayor Santon called for the second public hearing, and declared the public hearing open at 8:13 p.m. 2) CONSIDERATION A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SPECIAL USE PERMIT REQUIREMENTS FOR TIER II AND TIER III HOME OCCUPATIONS. Mr. Bradbury summarized this matter. There have been discussions between the Board and Village Staff/Consultants that Home Occupations would be better off applying for Special Use Permits. This local law, if adopted, will deem that all newly created home occupations — not the existing ones — (and not Tier I) would need a Special Use Permit. Deputy Mayor Santon noted that the Home Occupation law does not allow for the same type of review that Special Use Permits do. He noted that currently only three Home Occupations have registered with the Village. Edward Beane, Esq., Village Attorney, noted that residents will be given another opportunity to come in and register. This new local law will also address Home Occupations that have changed. If it was a doctor's office and it became a real Board of Trustees Meeting January 25,2005 Page 6 estate office, then this will be treated as a brand new Home Occupation, and will need to go through the Special Use Permit process. If residents do not register, then they lose all of their privileges and benefits and would be considered new. They would also be held in violation of the Home Occupation Law. It is hopeful that a reminder will be enough to come in and register. Deputy Mayor Santon asked that the staff contact the obvious home occupations directly and ask them to register, as well as posting on the Village's website, etc. Trustee Feinstein asked for clarification of language in the proposed local law in connection with pre-existing uses. Pre-existing uses are bound by what is now in the Code. Mr. Beane noted that under the new law, anything that existed before, is grandfather from this provision — but not from the old provision. He stated that the changes to the hours will effect everyone. In addition, the definition of non- resident employees is being added to Tier II and Tier III. If the law changes then it effects residents when new uses are created. On a motion made by Trustee Feinstein, and seconded by Trustee Harris the public hearing was closed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Deputy Mayor Santon called for the resolution on this matter: 2) ADOPTING A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SPECIAL USE PERMIT REQUIREMENTS FOR TIER II AND TIER III HOME OCCUPATIONS. Mr. Bradbury read the following resolution: Board of Trustees Meeting January 25,2005 Page 7 RESOLUTION ADOPTING A LOCAL LAW TO AMEND SECTION 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SPECIAL USE PERMIT REQUIREMENTS FOR TIER II AND TIER III HOME OCCUPATIONS WHEREAS, the Village of Rye Brook is considering a local law to amend Section 250-38 of the Village Code regarding special use permit requirements for Tier 11 and Tier III home occupations; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on January 25, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on January 25, 2005; and WHEREAS, the Board of Trustees of the Village has complied with the provisions of the New York State Environmental Quality Review Act and has determined that adoption of such local law is a "Type II" action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Section 250-30 of the Village Code regarding special use permit requirements for Tier 11 and Tier III home occupations; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Mr. Bradbury summarized the amendments: Sections 2 and 3 will be stricken.; Section 1 will be amended with the new definition of a non-resident employee; Section 4 would have the additional language requested; and Section 5 has a new section (f). The changes were deemed insignificant, which allowed the Board to vote on this matter. Board of Trustees Meeting January 25,2005 Page 8 On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted, as amended. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 3) APPROVING INSPECTORS OF ELECTION VILLAGE OF RYE BROOK — MARCH 15, 2005. Mr. Bradbury read the following resolution: RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK- MARCH 15, 2005 RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be a minimum of two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 15, 2005 from 7:00 a.m. to 9:00 p.m.; and be it FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: #20 Jean Mendicino, Chair 81 Hillcrest Avenue PCMS #20 Marie D'Ambrosio 56 Avon Circle, Apt. D PCMS #20 Rose Vecchiolla 55 Avon Circle PCMS #21 Estelle Cohen, Chair 50 North Ridge Street PCMS #21 Betty Sabourin 6 Lincoln Avenue PCMS #21 Betty Greto 3 West Street PCMS #22 Marie Capocci, Chair 20 �/z Lincoln Avenue BBHS #22 Maria Silvestri 94 Avon Circle, Apt. 2D BBHS #22 Irving Starr 9A Bowman Avenue BBHS Board of Trustees Meeting January 25,2005 Page 9 #23 Eugene Reich, Chair 11 Winthrop Drive RSS #23 Joseph DelBianco 304 Tompkins Avenue RSS Mamaroneck #23 Mort Sobel 116 N. Chatsworth Avenue RSS Larchmont #26 Mildred DiSanto, Chair 151 North Ridge Street PCHS #26 Josephine Aulenti 127 North Ridge Street PCHS #26 Sonia Briganti 54 North Ridge Street PCHS #27 Maria Varbero, Chair 10 Paddock Road RSS #27 Marion Stephens 95 Avon Circle, Apt. 2D RSS #27 Rita Bergman 387 North Ridge Street RSS #29 Judy Uhry, Chair 19 Rock Ridge Drive RSS #29 Mary Summa 50 North Ridge Street RSS #29 John Flanagan, Sr. 70 Betsy Brown Circle RSS #30 Linda Fricke, Chair 108 Old Orchard Road BBHS #30 Mindy Aronowitz 1636 Mamaroneck Avenue BBHS Mamaroneck #30 Naomi Starr 9A Bowman Avenue BBHS #31 Lillian Santasiero, Chair 23 Heirloom Lane BelleFair #31 Norma Muto 14 BelleFair Blvd. BelleFair #31 Chris Dunnigan 6 High Point Circle BelleFair ALTERNATES Lee Russillo 11 Knollwood Drive Mary Ellen Stephens 95A Avon Circle Vincent Embrendo 316 Betsy Brown Road George Moutevellis 1015 Old Post Road, Apt. 3J The Board discussed the make up of the list, and how people were chosen. It was noted that this is a long day— 10 hours plus —for these individuals. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees Meeting January 25,2005 Page 10 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 4) AMENDING THE LICENSE AND PERMIT FEE SCHEDULE. Mr. Bradbury read the resolution: RESOLUTION AMENDING THE LICENSE AND PERMIT FEE SCHEDULE NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Village Clerk to modify the Licensing and Pen-nit Fee Schedule on file in the Clerk's Office to reflect the following new fee's: Fences and Walls: Filing Fee $45 Residential Fee plus $10 for each $1,000 or fraction thereof, of construction costs $55 Commercial Fee plus$13 for each $1,000 or fraction thereof, of construction costs Home Occupations: Application Fee $45 Permit Fee $150 Annual Registration $150 Fee Board of Trustees Meeting January 25,2005 Page 11 The Board discussed the fees. Fences and walls are new fees. Home Occupations have an initial fee, a permit fee, and an annual registration fee. Deputy Mayor Santon noted that there is no permit fee for existing Home Occupations, just an annual renewal fee. Mr. Bradbury noted that the Village required an annual registration for Home Occupations without a fee. Letters will be sent to residents to remind Home Occupations to register. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted, as amended. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 5) SETTING A PUBLIC HEARING DATE FOR A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 250, 209, 219 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING DATE FOR A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 250, 209, 219 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Board of Trustees Meeting January 25,2005 Page 12 WHEREAS, a local law has been proposed to add Chapter 179 and amend Chapters 250, 209, 219 and 245 of the Village Code regarding the delegation of approval authority to the Planning Board with regard to as-of-right site plan applications and minor subdivision approvals; and WHEREAS, the local law was referred to the Westchester County Department of Planning, the Village of Rye Brook Planning Board and the Village Rye Brook Planning Consultant on October 12, 2004 for review and comment; and WHEREAS, on January 13, 2005, the Planning Board reviewed the proposed local law and recommended that a modified version of this law be adopted. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on February 8, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to add Chapter 179 and amend Chapters 250, 209, 219, and 245 of the Code of the Village of Rye Brook which would grant approval authority regarding certain land use applications. Trustee Feinstein stated that the resolution needed to be amended. The Planning Board recommended a modified law, since the law that went to the Planning Board is not the law that came back. The Planning Board reviewed the local law and recommended a modified version. Mr. Beane responded that the original law, the law that the Board of Trustees sent to the Planning Board, was significantly more limited. The Planning Board recommended a more general approval authority. Mr. Bradbury noted that the Planning Board recommended broader approval authority. A discussion regarding the scope of approval authority ensued, and changes were made to the resolution by the members of the Board of Trustees. A motion was made by Trustee Feinstein, and seconded by Trustee Buzin, to set the pubic hearing, using the amended resolution. Mr. Keith Rang was asked to call the roll: Board of Trustees Meeting January 25,2005 Page 13 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 6) REFERRING AN APPLICATION BY NEXTEL FOR AN AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A WIRELESS TELECOMMUNICATION FACILITY AT VILLAGE HALL, 938 KING STREET, SECTION 1, BLOCK 1, LOTS 9.1 AND 9.2. Mr. Bradbury read the following resolution: RESOLUTION REFERRING AN APPLICATION BY NEXTEL FOR AN AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A WIRELESS TELECOMMUNICATION FACILITY AT VILLAGE HALL, 938 KING STREET, SECTION 1, BLOCK 1, LOTS 9.1 and 9.2 WHEREAS, Nextel of New York, Inc., d/b/a Nextel Communications ("Nextel") is seeking to enter into an agreement with the Village of Rye Brook to construct a wireless telecommunications facility consisting of a one hundred and twenty foot tall (120') monopole with the capacity for collocation of other wireless carriers and a fifteen hundred (1,500) square foot equipment shelter at the base of the pole at Village Hall, 938 King Street, Rye Brook, New York; and WHEREAS, the Village of Rye Brook Board of Trustees, as Lead Agency acting pursuant to the State Environmental Quality Review Act (SEQRA), has reviewed the Environmental Assessment Form (EAF) and supporting documents prepared by the Applicant. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook classifies the project as an Unlisted Action and refers the subject application to the Westchester County Department of Planning and the Town of Greenwich for review and comment. Board of Trustees Meeting January 25,2005 Page 14 On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Mr. Bradbury noted that this resolution starts the SEQRA process. There will be a joint meeting to review this process. Deputy Mayor Santon asked that the public be notified of this matter. Mr. Bradbury noted that a sign will be installed outside of Village Hall. In addition, the Planning Board meeting is a televised meeting. Another option available for notification would be the Village's website. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 7) AUTHORIZING AN ADJUSTMENT TO THE NEXTEL APPLICATION ESCROW ACCOUNT. Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING AN ADJUSTMENT TO THE NEXTEL APPLICATION ESCROW ACCOUNT WHEREAS, at the January 11, 2005 meeting of the Village Board, an escrow account was established by resolution in the amount of$15,000 to review the application by Nextel for an agreement and site plan for a cell tower proposed at 938 King Street, Rye Brook, NY; and WHEREAS, subsequent to the adoption of this resolution the applicant submitted a letter dated January 20, 2005, requesting that the starting balance in the escrow account be reduced to $10,000. Board of Trustees Meeting January 25,2005 Page 15 NOW, THEREFORE, BE IT RESOLVED, that the starting escrow account balance for the Nextel application be amended from $15,000 to $10,000 in order to review the Nextel application for an agreement and site plan review to construct a wireless telecommunication facility at Village Hall, 938 King Street, Rye Brook NY; and be it further RESOLVED, that the applicant shall provide any additional funds necessary to replenish the escrow account for the review of this application. On a motion made by Trustee Harris, and seconded by Trustee Buzin, the resolution was opened for discussion. Deputy Mayor Santon noted that our consultant's fees are passed on to the applicant. Mr. Bradbury stated that the applicant has requested a decrease in the escrow amount. He felt that this was a reasonable request. It is important to note that the Village does not pay the bills until the applicant has deposited the funds into the escrow account. If more funds are needed, the applicant is asked to deposit the funds into the escrow account. TRUSTEE BUZIN VOTING NO TRUSTEE FEINSTEIN VOTING NO TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE THE RESOLUTION WAS NOT ADOPTED. 8) ADOPTING A NEGATIVE DECLARATION FOR PROPOSED RYE BROOK KING STREET MULTI— USE ATHLETIC FIELDS. Mr. Bradbury read the following resolution: Board of Trustees Meeting January 25,2005 Page 16 RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR PROPOSED RYE BROOK KING STREET ATHLETIC FIELD WHEREAS, the Village of Rye Brook proposes to construct new athletic fields on a parcel of land located on the west side of King Street approximately 200 feet south of the intersection of King Street and Glenville Road (the "Project" or"Proposed Action"); and WHEREAS, the Village of Rye Brook Board of Trustees as Lead Agency, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, otherwise known as the State Environmental Quality Review Act (SEQRA), determined the proposed action to be an Unlisted Action; and WHEREAS, the Village Board complied with the provisions of the New York State Environmental Quality Review Act by preparing a full Environmental Assessment Form (EAF) regarding the proposed action; and WHEREAS, the Village Board is familiar with the Proposed Action and the traffic study prepared by Frederick P. Clark Associates and finds that the Proposed Action will have minimal impact regarding traffic. NOW, THEREFORE, BE IT RESOLVED, that the Village Board, as Lead Agency for the review of the Proposed Action, determines after review of the EAF and other information and analysis and after due deliberation, that the proposed action will not result in any significant adverse environmental impacts. 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. On a motion made by Trustee Buzin, and seconded by Trustee Harris, the resolution was adopted. Ms. Marilyn Timpone Mohamed of F.P. Clark Associates addressed the Board. She reviewed the impact summary for the Board. She noted that obviously the site would be changed, and there will be an impact. The site changes are in keeping Board of Trustees Meeting January 25,2005 Page 17 with the character of the surrounding area, and the impacts will be adequately mitigated. One of the largest potential impacts could be traffic and, therefore, a traffic study was authorized and completed. Don Tone, P.E., from the firm of F.P. Clark, addressed the Board. He noted that additional traffic generated by the athletic field will not significantly affect King Street. Relatively new hardware has been installed in this area, which has been taken into consideration. In addition, how the fields will be used, the frequencies, and times, have been reviewed. Several different scenarios were framed out, noting that the more intensive use is the youth soccer activities. Also considered were two events at the same time. Overlapping of events — one soccer game running a little, the second scheduled to start — was also reviewed. It was found that this is more of a parking issue than a traffic issue, but that there is more than enough parking available. Mr. Tone noted that a peak hour analysis was completed. The peak hours for weekdays are 6:00 a.m. to 8:00 a.m. and 5:00 p.m. to 6:00 p.m. In between there is a lot less volume on King Street, and the traffic level is acceptable. What makes this project work is there is a lower intensity use on weekdays when there is a higher traffic volume on King Street. On the weekends, when the fields will be in greatest use, there is less traffic on King Street. Trustee Harris noted that King Street is traffic is very bad, especially during the peak hours. Mr. Tone noted that the conclusion of this traffic study is that the time that the fields will be used is when there is less traffic on King Street. Mr. Bradbury noted that environmental studies have also been done. Soil testing has been completed. The Village also had ground water testing done, and appropriate due diligence testing completed. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Board of Trustees Meeting January 25,2005 Page 18 9) APPROVING A STUDY TO ADD ROAD SEGMENTS TO THE SCENIC ROADS OVERLAY DISTRICTS. Mr. Bradbury read the following resolution: RESOLUTION APPROVING A STUDY TO ADD ROAD SEGMENTS TO THE SCENIC ROADS OVERLAY DISTRICTS WHEREAS, at the regular meeting of the Village Board held November 9, 2004, the Village Board adopted a resolution referring a draft local law to the Planning Board amending the zoning map to include King Street, from North Ridge Street to the municipal boundary with Port Chester; and North Ridge Street, from Ridge Boulevard to Longledge Drive as additional road segments in the Scenic Roads Overlay Zoning District; and WHEREAS, the Planning Board requested that Frederick P. Clark Associates provide a study and analysis to consider adding these road segments to the Scenic Roads Overlay Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to sign any necessary documents to perform a study to add certain road segments to the Scenic Roads Overlay Zoning District as stated in the Frederick P. Clark Associates, Inc. proposal dated January 7, 2005, in the amount of$5,500.00 On a motion by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Deputy Mayor Santon noted that the Planning Board requested a study from F.P. Clark and Associates. Mr. Bradbury responded that the Planning Board realized that the original roads were selected based on a study completed by F.P. Clark. They requested a study similar to the original study. Ms. Timpone Mohamed stated that when the roads were looked at during the creation of the Scenic Overlay District the criteria was reviewed in connection with what would justify the addition of these roads. The zoning is being change, Board of Trustees Meeting January 25,2005 Page 19 and there are ramifications of changing the zoning. The new study includes the planning basis, and justification of the expansion to the Scenic Overlay District. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 10)REFERRING THE LINCOLN AVENUE PROPERTY STUDY PROPERTY STUDY TO THE RECREATION COUNCIL. Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION REFERRING THE LINCOLN AVENUE PROPERTY STUDY TO THE ADVISORY COUNCIL ON PARKS & RECREATION WHEREAS, the Village of Rye Brook owns approximately 29 acres of undeveloped property consisting of two contiguous parcels of 15.94 acres and 8.45 acres located on the south side of Lincoln Avenue west of King Street; and WHEREAS, the Board of Trustees is considering development of one or both of the subject parcels for recreation or general municipal purpose; and WHEREAS, both parcels have significant environmental constraints such as wetlands, steep slopes and proximity to Westchester County Airport that may affect the type and intensity of development that is appropriate for the parcels; and WHEREAS, by resolution dated 8/24/04, the Village Board authorized Frederick P. Clark Associates, Inc. to proceed with an analysis and report regarding the two subject parcels; and Board of Trustees Meeting January 25,2005 Page 20 WHEREAS, Frederick P. Clark Associates, Inc. submitted the aforementioned analysis and report to the Village on 1/21/05; NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers the analysis and report prepared by Frederick P. Clark Associates, Inc., and dated 1/21/05, to the Advisory Council on Parks & Recreation for their review recommendations in examining potential uses for the subject parcels. Deputy Mayor Santon asked that the recent report from F.P. Clark be linked to the website so that interest parties can review it. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE 11)APPROVING MINUTES: OCTOBER 18, 2004 NOVEMBER 9, 2004; NOVEMBER 23, 2004; DECEMBER 14, 2004. Deputy Mayor Santon requested that this matter be held off to the next meeting to allow for further review by the Board, and to give Mayor Rand an opportunity to comment on the summaries. On a motion by Trustee Harris, and seconded by Trustee Feinstein, this matter was adjourned to the next meeting. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE Board of Trustees Meeting January 25,2005 Page 21 Deputy Mayor Santon called for the Administrator's Report: ADMINISTRATOR'S REPORT: Mr. Bradbury thanked the Village staff for their hard work in keeping the streets clean during they recent snowfalls. He asked that residents not push the snow from their driveways into the street. In some instances, the snow pushed into the street requires that the Village come back and re-plow the roadway. Mr. Victor Carosi, Village Engineer, noted that a lot of the individuals who plow for the residents sometimes push the snow from driveways into the street. He asked that this practice be stopped. He also asked that individuals with snow blowers be considerate and blow the snow away from the streets. It was noted that other communities access fines for putting snow onto the street. Rye Brook is only asking that the residents and Village Staff work together to keeping the streets safe. Mr. Bradbury noted that the first meeting of the King Street Athletic Task Force has been held. A second meeting has been scheduled. Deputy Mayor Santon asked that some of these meetings be televised in order to keep the public apprised of this very important project. Mr. Bradbury responded that he would look into this issue. The Board of Trustees meeting on November 9, 2004 carried a discussion item surrounding temporary parking restrictions on Tamarack. Permitting is being reviewed. The School District has held a meeting with students and neighborhood residents and touched upon a lot of important issues. Trustee Buzin noted this meeting successfully explained what the residents can do and what the school district can do. There will be another meeting in approximately six months. The issue of restricting parking needs to be re-addressed but, for the time being, it remains status quo. Mr. Bradbury noted that new sanitation procedures and schedules are now in place. There is a good balance of recycling and trash pick-up. Pick-up days have changed for some residents, and new schedules have been sent to all residents. The new calendars are also available on the Village's website. There is currently a grace period regarding summons, and the education process is ongoing. Mr. Bradbury noted that Board members' schedules will result in a change to the date of the second meeting in February. A resolution will be placed on the agenda for the next meeting in February, and action will be taken at that time. Board of Trustees Meeting January 25,2005 Page 22 There was no Old Business, New Business, or Discussion Items, and there were no members of the public wishing to make comments. Therefore, Deputy Mayor Santon requested a motion for an Executive Session. A motion made by Trustee Harris, and seconded by Trustee Buzin, the Executive Session was scheduled. Mr. Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE DEPUTY MAYOR SANTON VOTING AYE There being no further business before the Board, the meeting was adjourned at 10:15 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting January 25,2005 Page 23