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HomeMy WebLinkAbout2005-05-24 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 249 2005-7:30 P.M EXECUTIVE SESSION 6:30 P.M.: Negotiations ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of an inter-municipal agreement with the Village of Port Chester for fire protection services. 2) Consideration of an application by Verizon New York Inc.'s for site plan approval to locate fifteen (15)pole mounted fiber distribution HUB boxes at various locations in Rye Brook. 3) Consideration of a local law amending the Village of Rye Brook zoning map regarding the scenic roads overlay district. 4) Consideration of a local law to amend Chapter 240 of the Village Code to authorize the installation of a stop sign along Tamarack Road at the intersection of College Avenue. RESOLUTIONS: 1) Authorizing the Village of Rye Brook to enter into an inter-municipal agreement with the Village of Port Chester for fire protection services. 2) Approving an application by Verizon New York Inc.'s for site plan approval to locate fifteen (15) pole mounted fiber distribution HUB boxes at various locations in Rye Brook. 3) Adopting a local law amending the Village of Rye Brook zoning map regarding the scenic roads overlay district. 4) Adopting a local law to amend Chapter 240 of the Village Code to authorize the installation of a stop sign along Tamarack Road at the intersection of College Avenue. 5) Setting a public hearing to consider an application for modified site plan approval for 800 Westchester Avenue on behalf of WRNN-TV Associates Limited Partnership. Board of Trustees Meeting May 24,2005 Page 1 6) Considering a modification of notification requirements for an addition and alteration to a single-family dwelling located at 14 Rockinghorse Trail. 7) Granting an amendment to the subdivision approval for 48 Lincoln Avenue. 8) Approving the submission of a Westchester County Community Development Block Grant (CDBG) program application for the acquisition of a 21 person handicapped accessible van. 9) Entering into a revocable permit agreement with SUNY Purchase for the use of certain facilities by the Village Recreation Department. 10) Considering approval of an inter-municipal agreement with the County of Westchester employee assistance program and the Village of Rye Brook. 11) Authorization to renew application for a food service permit to operate a food service establishment at the Anthony J. Posillipo Community Center. 12) Authorizing the use of streets for Kids Who Care Bikeathon. 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: January 25, 2005 and February 8, 2005 PRESENT: BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg Board of Trustees Meeting May 24,2005 Page 2 STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator CONVENE Mayor Rand called the meeting to order at 7:30 p.m.,beginning with the Pledge of Allegiance. Mayor Rand called for the first item on the agenda. PUBLIC HEARINGS: 1) CONSIDERATION OF AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF PORT CHESTER FOR FIRE PROTECTION SERVICES. Mayor Rand declared the public hearing open. He called upon Mr. Christopher Bradbury, Village Administrator, for a presentation on this matter. Mr. Bradbury noted that the Village of Rye Brook and the Village of Port Chester share an Inter-Municipal Agreement for fire services. Port Chester and Rye Brook both provide fire services for the benefit of both communities. Rye Brook has negotiated with Port Chester for the current fire protection agreement, which is listed on the Village's website for review. He summarized the five-year contract which begins on June 1, 2005 and runs through May 31, 2005. It calls for 3% increase in the amount that Rye Brook contributes every year. The agreement provides 24-7 coverage from Port Chester, which includes equipment, and also addresses training, which is coordinated by Port Chester. Also covered in the agreement is the re-establishment of a Fire Protection Board that will provide advice to both Village Boards. This agreement has been discussed and negotiated between the two Village Boards. The Volunteers from both Villages have also approved the contract. Mayor Rand noted that where this contract looks pretty much like the past contract, it has a lot of significant points that have been added. Peter Mutz, Fire Chief of the Port Chester Fire Department, addressed the Board. He noted that the Port Chester Fire Department overwhelmingly supports this contract. The two Villages will work very hard to enhance the training, and things are moving forward. Board of Trustees Meeting May 24,2005 Page 3 Tom Murphy, President of the Port Chester Professional Fire Fighters, addressed the Board. He thanked the Board for their hard work in negotiating this contract and stated the fire fighters were looking forward to servicing the community. A motion was made and seconded to close the public hearing. The roll was called: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: RESOLUTIONS: 1) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF PORT CHESTER FOR FIRE PROTECTION SERVICES. Mr. Bradbury read the resolution: On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution passed. RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF PORT CHESTER FOR FIRE PROTECTION SERVICES WHEREAS, the Villages of Rye Brook and Port Chester desires to enter into an inter- municipal agreement for fire protection services which will commence on June 1, 2005; and WHEREAS, pursuant to said agreement, the Village of Port Chester shall make available and provide fire protection services to the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into an agreement with the Village of Port Chester to provide fire protection services from June 1, 2005 to May 31, 2010; and Board of Trustees Meeting May 24,2005 Page 4 BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. Trustee Feinstein noted that it took many months to negotiate this contract. She thanked everyone for all of their hard work, and noted that the level of cooperation was exemplary. Mayor Rand noted that the negotiations were very professional. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) CONSIDERATION OF AN APPLICATION BY VERIZON NEW YORK INC.'S FOR SITE PLAN APPROVAL TO LOCATE FIFTEEN (15) POLE MOUNTED FIBER DISTRIBUTION HUB BOXES AT VARIOUS LOCATIONS IN RYE BROOK. Mayor Rand declared the public hearing open. Mr. Bradbury noted that the Village has received an application from Verizon to install 15 HUB boxes. They have provided maps, locations, and photographs of the poles. Each pole that has been identified has a sign on it. Verizon has also sent out notifications to the public. Information is also available on the Village's website. Mayor Rand called upon the representatives of Verizon for their presentation. Mr. Mike Miles identified himself and then introduced the two other employees of Verizon, Mr. John Butler, and Mr. Bill Beserski, who were also in attendance and prepared to answer any questions from members of the public, Village Staff, Consultants, and members of the Board. He noted that these HUB boxes were being proposed in connection with Verizon's Fiber Operated System. This system offers upgraded voice and super fast Internet services. Verizon is very excited about this product and looks forward to bringing it to Rye Brook. Mr. Miles reviewed the locations of the proposed boxes, and the sizes and height of the boxes. The sizes of the boxes are decided upon by reviewing the feeder cables within the Village, and the density of the homes. Each large box could service approximately 350 homes, while a medium box services approximately 200 homes. If the demand for services increase, the boxes would be able to handle the additional service sine a box that would service 350 homes is usually only set up for 300 homes to allow for growth. Board of Trustees Meeting May 24,2005 Page 5 Mr. Niles noted that from the HUB Box cables are run and a tenninal is placed at every third pole. Fiber cables then run to the homes. The cables that are run are aerial, but Verizon will service both the aerial and underground cable customers. There is no noise involved with the HUB Boxes, either the new or existing boxes. There is passive electronics in the boxes; light traveling and being changed to an electric signal. These boxes will not explode in the case of an accident(a vehicle hitting the pole). These boxes are completely safe and there is no chance of being shocked from these boxes. A resident of Ridge Boulevard addressed the Board. He felt that there must be a power supply in the box. Mr. Miles noted that there were no batteries or power supplies in the HUB Boxes. There will be a back-up power supply at the homes which will activate if power is lost for more than four hours. If the Village decides to paint these Boxes, Verizon will reimburse the Village. Mr. Miles stated that the HUB Boxes are normally attached to the back of the pole. Verizon will work with the Village on the placement of these boxes. Mr. Ben Miloro asked why these boxes are not installed at a height of at least 15'so that they are out of sight. Mr. Miles responded that the boxes can be raised higher on the pole. This is easy to do with the medium size boxes, but Verizon would be willing to raise all of the boxes if the Village makes that request. Mr. Miles noted that cable television equipment is installed at 19' and Verizon must place its equipment below this level. It is Verizon's hope that all of its customers will move over to the new network, enabling them to remove the old copper wiring. Verizon will do its best to entice people to switch over to the new service through offers, but they cannot force people to make the change. The fiber cables are much more efficient and there is little or no maintenance with these cables. The work on these HUB Boxes should be completed within four to six months. A resident of Sunset Avenue noted that there was currently a gas monitoring station and another box located on this corner. She asked that the HUB Box proposed for this location be moved. Mr. Miles responded that this location would be reviewed. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting May 24,2005 Page 6 Mayor Rand called for the resolution on this matter: 3) APPROVING AN APPLICATION BY VERIZON NEW YORK INC.'S FOR SITE PLAN APPROVAL TO LOCATE FIFTEEN (15) POLE MOUNTED FIBER DISTRIBUTION HUB BOXES AT VARIOUS LOCATIONS IN RYE BROOK. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg and seconded by Trustee Buzin, the resolution passed. RESOLUTION RESOLUTION APPROVING AN APPLICATION BY VERIZON NEW YORK, INC. FOR SITE PLAN APPROVAL TO LOCATE FIFTEEN (15) POLE-MOUNTED FIBER DISTRIBUTION HUB BOXES AT VARIOUS LOCATIONS IN THE VILLAGE OF RYE BROOK WHEREAS, Verizon New York, Inc. ("Verizon") has submitted a Site Plan Application to consider the placement of fifteen (15) pole-mounted fiber distribution HUB boxes ("HUB Boxes") at various locations in the Village of Rye Brook; and WHEREAS, in connection with said application, Verizon has represented to the Village that if its Site Plan Application is granted, it will not seek to institute any cablevision or video service or offer said service to Rye Brook residents in the absence of a negotiated franchise agreement with the Village and the receipt of approval from the New York State Public Service Commission ("PSC"); and WHEREAS, the Board of Trustees has reviewed the information and plans submitted by the Applicant in connection with the Site Plan Application ("Application"), including the Application, the Short Form EAF, Verizon's Fiber To The Premises ("FTTP") Cable Service Presentation and the Site Plan prepared by Charles H. Sells, Inc., dated May 5, 2005, showing pictorially and through number designations on the Site Plan, the location of each of the proposed HUB Box sites; and WHEREAS, having completed its review of said documents, including the submitted Environmental Assessment Form, pursuant to the State Environmental Quality Review Act, the Board of Trustees determines the project to be a Type II action under §615.5 of said Act, thereby ending the SEQRA process; and WHEREAS, the Applicant has complied with the public notification requirements in § 250-40 of the Village Code, by complying with the public notification requirements included in the Village Board's May 10, 2005 Resolution, namely the posting at each proposed installation Board of Trustees Meeting May 24,2005 Page 7 location of an appropriate sign identifying the owner, purpose of the public hearing and the public hearing date, on or before May 17, 2005; and WHEREAS, the Board of Trustees has retained approval authority with respect to this Application because it involves property within the Village's public right-of-way; and WHEREAS, the Board of Trustees conducted a public hearing to consider this Application on May 24, 2005 at 7:30 p.m. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 1, Pole W12, Fairlawn Parkway, HUB 1004 Large, as depicted on the photograph so labeled on the May 5, 2005 Site Plan with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 2, Pole W2, Rocking Horse Trail, HUB 1005 Medium, as depicted on the photograph so labeled on the May 5, 2002 Site Plan with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 3, Pole W100, King Street, HUB 1008 Large, as depicted on the photograph so labeled on the May 5, 2005 Site Plan with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 4, Pole W2, Loch Lane, HUB 1010 Large, as depicted on the photograph so labeled on the May 5, 2005 Site Plan with the following modifications installed at the rear of the pole and the bottom of the box one (1) foot off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 5, Pole W2, Comly Avenue, HUB 1012 Large, as depicted on the photograph on the May 5, 2005 Site Plan with the following modifications installed at the rear of the pole and the bottom of the box one (1) foot off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 6, Pole W2, Lincoln Avenue, HUB 4001 Large, as depicted on the photograph on the May 5, 2005 Site Plan with the following modifications installed at the rear of the pole and the bottom of the box twelve (12) feet off of the ground [unanimously approved]; and Board of Trustees Meeting May 24,2005 Page 8 BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 7, Pole W96, North Ridge Street, HUB 4002 Large, as depicted on the photograph on the May 5, 2005 Site Plan, with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 8, Pole W3, Lincoln Avenue, HUB 4003 Large, as depicted on the photograph on the May 5, 2005 Site Plan [by a unanimous vote Location 8 was tabled until June 14, 2005]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 9, Pole W2, Betsy Brown Road, HUB 4004 Large, as depicted on the photograph on the May 5, 2005 Site Plan [by a unanimous vote Location 8 was tabled until June 14, 2005]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 10, Pole W2, Ridge Boulevard, HUB 4005 Large, as depicted on the photograph on the May 5, 2005 Site Plan, HUB 4005 Large, with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 11, Pole W5, Woodland Avenue, HUB 4007 Medium, as depicted on the photograph on the May 5, 2005 Site Plan, with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 12, Pole W10, Irenhyl Avenue, HUB 4009 Medium, as depicted on the photograph on the May 5, 2005 Site Plan, with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 13, Pole W1/2, Osborne Avenue, HUB 4015 Large, as depicted on the photograph on the May 5, 2005 Site Plan, with the following modifications installed at the front of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 14, Pole W3, Dixon Street, HUB 4016 Large, as depicted on the photograph on the May 5, 2005 Site Plan, with the following Board of Trustees Meeting May 24,2005 Page 9 modifications installed at the rear of the pole, shrubs surrounding it and the bottom of the box one (1) foot off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 15, Pole Wl, Franklin Street, HUB 4017 Medium, as depicted on the photograph on the May 5, 2005 Site Plan, with the following modifications installed at the rear of the pole and the bottom of the box fifteen (15) feet off of the ground [unanimously approved]; and BE IT FURTHER RESOLVED, any additional approvals required by any Federal, State or municipal agency be obtained and a copy of such be provided to the Village prior to the commencement of any installation activities; and BE IT FURTHER RESOLVED, that Applicant's May 5,2005 Site Plan shall be annexed to and made a part of this Resolution as if fully set forth herein; and BE IT FURTHER RESOLVED, that this Site Plan Approval is conditional upon the Applicant's compliance with the provisions of the second WHEREAS clause in this Resolution; and BE IT FURTHER RESOLVED, that if a revised Site Plan is necessary, said Site Plan shall incorporate the changes to the May 5, 2005 Site Plan included in this Resolution and shall be reviewed and approved by the Village planning consultant prior to the commencement of any installation activities; and BE IT FURTHER RESOLVED, that all boxes be painted with a mutually agreed upon color, either by the Village with reimbursement from Verizon, or by Verizon at its sole cost; and BE IT FURTHER RESOLVED, that the Village of Rye Brook shall conduct a public hearing on June 14, 2005 at Village Hall, 938 King Street, Rye Brook, NY 10573 at 7:30 p.m., regarding locations eight (8) and nine (9) with the same notification requirements as the prior public hearing. Mayor Rand asked that each location be reviewed individually, discussed and amended as needed, and that the roll be called for each location. The result was that Locations 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, and 15 were unanimously approved. The remaining two Locations, 8 and 9, were tabled to the June 14, 2005 Board of Trustees meeting. Mayor Rand thanked Verizon for their cooperation in this process on behalf of the Board and the residents of Rye Brook. Mayor Rand called for a two-minute break. Upon the Board's return,he called for the next item on the agenda: Board of Trustees Meeting May 24,2005 Page 10 3) CONSIDERATION OF LOCAL LAW AMENDING THE VILLAGE OF RYE BROOK ZONING MAP REGARDING THE SCENIC ROADS OVERLAY DISTRICT. Mayor Rand declared the public hearing open. Mr. Bradbury noted that before the Board was a local law that was proposing to add certain roads to the Scenic Roads Overlay District. This local law has been reviewed by the Planning Board, and is now back before the Board of Trustees for a public hearing. Marilyn Timpone Mohamed, Village Consultant, gave the Board a brief overview of the streets proposed to be added, and the reasons why they were being proposed. She noted that the Board of Trustees authorized the firm of F.P. Clark Associates to do a study on two of the three roadways that are under consideration. During the study it was realized that there was an additional roadway that should be considered, and it has been added to the list. There are many features and characteristics that exist along these roads that should be preserved. In addition, the proposed roads are gateways into Rye Brook. The Scenic Overlay District increases the front yard setback in order to protect natural and man-made features on the properties. The Overlay District would effect a new home in a subdivision, or an existing home that would be torn down. Ms. Timpone Mohamed noted that after its review, the Planning Board only recommended approving King Street, from North Ridge Street, and North Ridge, from the Hutch to King Street. They felt that the third roadway did not serve as a gateway into Rye Brook. Trustee Feinstein began a discussion regarding the Ridge Street Country Day School and the addition of a proposed parking area. She addressed this matter for information on how the addition of this roadway into the Scenic Roads Overlay District would affect these projects. It was noted that they would have to come before the Board in connection with this matter regardless of whether or not this roadway was added to the Scenic Roads Overlay District. Mayor Rand pointed out that the property that they are looking to lease is State owned parkland. Former Trustee Dean Santon addressed the Board. He noted that he was the champion of this matter for many years. He stated that the intent of the Scenic Overlay District was not only to protect the gateways into the Village, but also to protect the character of the roads and the historic characteristics. This legislature has value to protect the Village's streetscape. Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was closed. Mr. Rang called the role. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting May 24,2005 Page 11 3) ADOPTING A LOCAL LAW AMENDING THE VILLAGE OF RYE BROOK ZONING MAP REGARDING THE SCENIC ROADS OVERLAY DISTRICT Mr. Bradbury read the resolution: On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution passed. RESOLUTION ADOPTING A LOCAL LAW AMENDING THE VILLAGE OF RYE BROOK ZONING MAP REGARDING THE SCENIC ROADS OVERLAY DISTRICT WHEREAS, the Village of Rye Brook Board of Trustees is considering a Local Law to amend the Zoning Map of the Village of Rye Brook to add the following road segments to the Scenic Roads Overlay Zoning District: 1. King Street, from North Ridge Street to the municipal boundary with the Village of Port Chester. 2. North Ridge Street, from Ridge Boulevard to Longledge Drive; and WHEREAS, on April 14, 2005 the Planning Board adopted a resolution recommending approval of the proposed local law amending the Village Zoning Map and recommended adding the following two (2)road segments to the Scenic Roads Overlay District: 1. King Street, from North Ridge Street to the municipal boundary with the Village of Port Chester. 2. North Ridge Street, from Rockinghorse Trail to King Street; and WHEREAS, the Planning Board referred the proposed law back to the Board of Trustees for action; and WHEREAS, the proposed local law is attached to this resolution; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act by preparing a full Environmental Assessment Form (EAF) regarding the local law; and Board of Trustees Meeting May 24,2005 Page 12 WHEREAS, the proposed local law was referred to the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison and the City of Rye for review and comment; and WHEREAS, no comments were received from the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison and the City of Rye; and WHEREAS, the Village Board is familiar with the proposed local law and the study recommending addition of the subject road segments to the Scenic Roads Overlay Zoning District and has discussed it on a number of occasions; and WHEREAS, on May 24, 2005 the Village Board held a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf or in opposition to said proposed local law; and WHEREAS, the Board of Trustees of the Village of Rye Brook, after due deliberation, finds it in the best interest of the Village to adopt such local law. 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, determines that adoption of such local law is an "Unlisted Action" and after review of the EAF and due deliberation, finds that such local law 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. BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law #7 - 2005 amending the Zoning Map of the Village of Rye Brook to place the following road segments within the Scenic Roads Overlay District: 1. King Street, from North Ridge Street to the municipal boundary with the Village of Port Chester. 2. North Ridge Street, from Ridge Boulevard to Longledge Drive. 3. North Ridge Street, from Rockinghorse Trail to King Street. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting May 24,2005 Page 13 4) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILAGE CODE TO AUTHORIZE THE INSTALLATION OF A STOP SIGN ALONG TAMARACK ROAD AT THE INTERSECTION OF COLLEGE AVENUE. Mayor Rand declared the public hearing open. Mr. Bradbury noted that the Village has a proposed local law to install a stop sign on the east side of Tamarack Road where it meets College Avenue. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 4) ADOPTING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE TO AUTHORIZE THE INSTALLALTION OF A STOP SIGN ALONG TAMARACK ROAD AT THE INTERSECTION OF COLLEGE AVENUE. Mr. Bradbury read the following resolution: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE TO AUTHORIZE THE INSTALLATION OF A STOP SIGN ALONG TAMARACK ROAD AT THE INTERSECTION OF COLLEGE AVENUE WHEREAS, the Village of Rye Brook Traffic Commission has recommended that a stop sign be installed on the east side of Tamarack Road at the intersection with College Avenue; and WHEREAS, a local law has been proposed to amend Ch. 240 to authorize the installation of a stop sign on the east side of Tamarack Road at the intersection with College Avenue; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on May 24, 2005, at which time all those wishing to be Board of Trustees Meeting May 24,2005 Page 14 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 May 24, 2005; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of the proposed local law is a "Type IP' 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 it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to authorize the installation of a stop sign on the east side of Tamarack Road at the intersection with College Avenue; 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. Trustee Buzin, liaison to the Port Chester School District, thanked the Traffic Commission for their review and recommendation of this matter. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AVE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR MODIFIED SITE PLAN APPROVAL FOR 800 WESTCHESTER AVENUE ON BEHALF OF WRNN-TV ASSOCIATES LIMITED PARTNERSHIP. Mr. Bradbury read the following resolution: On a motion made by Trustee Buzin, and seconded by trustee Feinstein, the resolution passed. Board of Trustees Meeting May 24,2005 Page 15 RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR MODIFIED SITE PLAN APPROVAL FOR 800 WESTCHESTER AVENUE ON BEHALF OF WRNN-TV ASSOCIATES LIMITED PARTNERSHIP WHEREAS, WRNN-TV Associates Limited Partnership ("WRNN") has made an application to the Village of Rye Brook for modified site plan approval and to permit the addition of ten (10) satellite earth station antennas at 800 Westchester Avenue, Rye Brook, New York, in the OB-2 Zoning District and Scenic Roads Overlay Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be the Approval Authority with respect to the application for modified site plan approval in accordance with § 209-1(A)(2) of the Village Code; and BE IT FURTHER RESOLVED, that the Village of Rye Brook hereby grants a waiver to WRNN-TV from the notification requirements under § 250-40 of the Zoning Code for the May 24, 2005 meeting of the Board of Trustees; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby declares itself the Lead Agency pursuant to the State Environmental Quality Review Act(SEQRA), and having reviewed the Environmental Assessment Form (EAF) and supporting documents prepared by the Applicant classifies the project as an unlisted action; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook refers the subject application to the Westchester County Department of Planning, the Town/Village of Harrison, and the Planning Board for review and comment; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a Public Hearing on Tuesday, June 14, 2005 at 7:30 pm at Village Hall, 938 King Street, Rye Brook,New York to consider the subject application. William Null, Esq., legal counsel for the applicant, addressed the Board. He introduced Mr. Christian French, Vice President of WRNN. He thanked the Village for its cooperation in putting this matter forward. Mr. French thanked everyone for their work on this application. He noted that WRNN is a local broadcasting station. They are licensed from Kingston, New York. At this time they are building a state-of-the-art facility at 800 Westchester Avenue. This is a multi-million dollar television studio. The application proposes nine () satellite dishes on the ground and one (1) on the roof of the building. This will be a seven-day, 365 day a year operation. These antennas are imperative to the television station. They are critical to the day- to-day functions of the station. WRNN hopes to go on-line as of July 1St Board of Trustees Meeting May 24,2005 Page 16 Mr. Null noted that the application before the Village includes a site plan application, as well as variances. The applicant is working with the Village on screening. Ms. Timpone Mohamed noted that she has reviewed the materials. Many issues have been reviewed such as the height of the dishes and landscaping. The applicant has submitted a good landscaping plan. Things are moving ahead and this matter will be heard by the Planning Board in the coming week. Trustee Feinstein felt that the Village's Technology and Communication Committee for review. She felt that a joint meeting would be appropriate. Mr. Null noted that the satellites for WRNN are not for private use. There are no alternatives available. WRNN is governed under New York State Law and FCC regulations. Mr. Bradbury noted that the site plan review is one of sighting and not technology issues. However, the Board of Trustees has a right to refer this matter for review to any of the Village Boards, remembering that they are advisory boards. Mr. French noted that WRNN would have tours through the facility, and also would have internships for local high school and college students. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION AND ALTERACTION TO A SINGLE-FAMILY DWELLING LOCATED AT 14 ROCKINGHORSE TRAIL. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution passed. RESOLUTION CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDTION AND ALTERATION TO A SINGLE FAMILY DWELLING LOCATED AT 14 ROCKINGHORSE TRAIL Board of Trustees Meeting May 24,2005 Page 17 WHEREAS, Debbie Handler submitted a letter to the village Board of Trustees, dated May 19, 2005, requesting a modification of notification requirement under Section 250- 40 of the Village Code. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the following waiver with respect to notification requirements: 1) The mail notification area shall be defined as a radius line measured from 250 250 feet, instead of 500 feet from the property lines of the subject property. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) GRANTING AN AMENDMENT TO THE SUBDIVISION APPROVAL FOR 48 LINCOLN AVENUE. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution passed. RESOLUTION GRANTING AN AMENDMENT TO THE SUBDIVISION APPROVAL FOR 48 LINCOLN AVENUE WHEREAS, 48 Lincoln Avenue Associates, LLC, owner of the property at 52 Lincoln Avenue Section 1, Block lA5 Lot 21, (Parcel "A" on Filed Map 27049 dated October 17, 2002), by letter dated May 11, 2005, seeks to modify the designated impervious surface areas on the proposed parcel; and WHEREAS, Village of Rye Brook Board of Trustees resolution dated May 14, 2002 granted subdivision approval for this parcel of land, with resolution clause #16 requiring that the construction of any structure or impervious surface in excess of 200 square feet, located within 100 feet of the Blind Brook, shall require review and approval by the Board of Trustees, including a wetland permit, and resolution clause #17 of this Board of Trustees Meeting May 24,2005 Page 18 same document limited a deck to be no greater than 300 square feet, for a total additional impervious surface coverage of 500 square feet; and WHEREAS, 48 Lincoln Avenue Associates, LLC has made an application to modify the impervious surface area requesting a deck in the buffer area totaling 496 square feet, which is greater than the 300 square foot deck authorized but less than the total impervious area authorized of 500 square feet. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself lead agency for the review of the subject application and determines that the proposed action is a "Type II" action, and therefore, no further environmental review of the proposed action is required, and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the amendments to the May 14, 2002 subdivision approval to allow for a deck no greater than 496 square feet; and be it further RESOLVED, that all other conditions of the May 14, 2002 approval resolution shall remain in full force and effect. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 8) APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR THE ACQUISITION OF A 21 PERSON HANDICAPPED ACCESSIBLE VAN. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution passed. RESOLUTION APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR THE ACQUISITION OF A 21 PERSON HANDICAPPED ACCESSIBLE VAN WHEREAS, the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant (CDBG) program; and Board of Trustees Meeting May 24,2005 Page 19 WHEREAS, the CDBG Program has been successful in Westchester County by providing assistance to municipalities; and WHEREAS, the Village of Rye Brook is interested in acquiring a twenty-one (2 1)person handicapped accessible van; and WHEREAS, on May 24, 2005 the Board of Trustees conducted a public meeting on the application, and WHEREAS, the Village of Board of Trustee, as Lead Agency, has determined the project is a Type 11 Action pursuant to Part 617.5 C (1) of the State Environmental Quality Review Act (SEQRA), which actions have been determined not to have negative impacts on the environment and are consequently not subject to environmental review under SEQRA. NOW, THREFORE, BE IT RESOLVED, that the Village of Rye Brook of Board of trustees hereby approves the application to the Westchester County CDBG Program for funding assistance in acquiring a twenty-one (2 1) person handicapped accessible van; and be it FURTHER RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit an application for funding to the Westchester County CDBG Program in the amount of $49,000 for the above described purpose with a Rye Brook contribution of$16,000 for a total proposed project cost of$65,000. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9)ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHSE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution passed. RESOLUTION ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHSE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT. Board of Trustees Meeting May 24,2005 Page 20 WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter "Purchase College") from July 5, 2005 to August 12, 2005; and WHEREAS, Purchase College will grant the Village of Rye Brook Recreation Department a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms. In exchange for a fee of Five Thousand Seven Hundred Sixty Dollars and Zero Cents ($5,760.00), which is based on a rental fee of One Hundred Twenty Dollars and Zero Cents ($120.00)per hour. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to sign all necessary documents to implement the Revocable Permit Agreement. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 10) CONSIDERING APPROVAL OF AN INTER-MUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE VILLAGE OF RYE BROOK. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution passed. RESOLUTION CONSIDERING APPROVAL OF AN INTER-MUNICIPAL AGREEMENT WITH Board of Trustees Meeting May 24,2005 Page 21 THE COUNTY OF WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE VILLAGE OF RYE BROOK. RESOLVED, that the Village of Rye Brook is authorized to enter into an inter- municipal agreement with the County of Westchester Employee Assistance Program for administrative, managerial and referral services for the period of January 1, 2005 to December 31, 2005 at a rate of thirty dollars and zero cents ($30.00) per employee per year; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all necessary documents appropriate to accomplish the purposes of this resolution. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 11) AUTHORIZATION TO RENEW APPLICATION FOR A FOOD SERVICE PERMIT TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER. Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution passed. RESOLUTION AUTHORIZATION TO RENEW APPLICATION FOR A FOOD SERVICE PERMIT TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER. WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. Board of Trustees Meeting May 24,2005 Page 22 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Senior Citizen Coordinator to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 12) AUTHORIZING THE USE OF STREETS FOR KIDS WHO CARE BIKEATHON. Mr. Bradbury read the resolution. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution passed. RESOLUTION AUTHORIZING THE USE OF STREETS FOR KIDS WHO CARE BIKEATHON. WHEREAS, the Village of Rye Brook Board of Trustees approved a resolution, on May 10, 2005, authorizing the use of Village streets for the 6th Annual kids Who Care Bikeathon on June 18, 2005; and WHEREAS, Linda Becker, organizer of the Kids Who Care Bikeathon, has requested that the date of the Bikeathon be changed to Saturday, June 11, 2005 from 10:00 am to 12:00 pm, with a rain date of Sunday, June 12, 2005 from 10:00 am to 12:00 pm. NOW, THEREFORE BE IT RESOLVED, that the use of Holly Lane, Fairlawn Parkway, Whipporwill Road, and Country Ridge Drive for the Kids Who Care Bikeathon on Saturday, June 11, 2005 from 10:00 am to 12:00 pm, with a rain date of Sunday, June 12, 2005 from 10:00 am to 12:00 pm, is hereby approved. TRUSTEE BROWN VOTING AYE Board of Trustees Meeting May 24,2005 Page 23 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that Rye Brook's Birthday Celebration, along with the Volunteer's Appreciation Day, was scheduled for June 19th from 12:00 to 4:00 p.m. at Crawford Park. The next topic discussed was the King Street Ball Field. Mr. Bradbury noted that the next Committee meeting was scheduled for June 2, 2005 at 8:00 p.m. The goal was to finalize the plans and make a presentation to the Village Board on June 14, 2005. The Legacy Grant application has moved to the Westchester County Board of Legislators. There was a meeting between the County Finance and Parks Committee and the recommendation was that the Grant be approved. On June 6, 2005 a public hearing has been scheduled by the County Board of Legislators. This is very exciting news. The next topic discussed was street paving. Mr. Bradbury reviewed the list of streets to be re-paved this year, and noted that the work should start in August. A meeting was scheduled for May 26, 2005 in connection with the future of the grounds for United Hospital to begin at 7:00 p.m. at the Courtroom at 350 North Main Street in Port Chester. This is an open meeting. A meeting was held with the Blind Brook School District to discuss the possible coordination of both the Village's and the school's ball field projects. These are two projects which will start at approximately the same time on adjacent properties and the Village hopes to take advantage and try and save the taxpayers some money. Also discussed were the potential benefits and costs of a cable studio. A meeting is proposed for June with Greenwich to discus the traffic on King Street. A joint meeting was held in connection with the Rich Manor Park. One issue discussed was the water quality project. The County will be moving ahead with this project the end of next month. The second matter that was discussed was the construction of a water retention basin. Mr. Bradbury noted that through the Village's website, residents now have the ability to register and have the agendas for Village meetings sent directly to them. He also noted that anyone interested in obtaining information on the mercury clean up project can also turn to the Village's website. There is also a link to the EPA. Board of Trustees Meeting May 24,2005 Page 24 A meeting was held with residents regarding traffic concerns in the area of Westview. This input will be reviewed by Village staff. Also discussed was the issue of illegal housing in that area. The Village will be going door-toOdoor and handing out information on safe housing. Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He noted that there was a limo service that was parking several vehicles, including an eight-passenger van, on property on Hillcrest. The owner of the company does not live there. He asked that the Village look into this matter. There being no further business before the Board, Mayor Rand asked for a motion to adjourn. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein the meeting was adjourned. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting May 24,2005 Page 25