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HomeMy WebLinkAbout2005-11-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 22, 2005-7:30 P.M. AGENDA EXECUTIVE SESSION 7:00 PM: Personnel/Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit parking and standing along portions of Hillcrest Avenue. 2) Consideration of a site plan and special use permit application for a kitchen expansion at the Blind Brook Club, 980 Anderson Hill Road. RESOLUTIONS: 1) Adopting a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit parking and standing along portions of Hillcrest Avenue. 2) Approving a site plan and special use permit application for a kitchen expansion at the Blind Brook Club, 980 Anderson Hill Road. 3) Setting a public hearing and review of an application for site plan approval prepared by K&M Realty Group, Ltd. for the Bowman Avenue Development, Section 1, Block 22, Lots 2B and 2B2. 4) Setting public hearing to consider an application by Nextel for an agreement and site plan to construct a wireless telecommunication facility at Village Hall, 938 King Street, Section 1, Block 1, Lots 9.1 and 9.2. 5) Setting a public hearing date to consider a proposed local law amending Chapter 209 of the Village Code regarding the 75% rule under Section 209-1.B(2) and other site plan review requirements. Board of Trustees Meeting November 22,2005 Page 1 of 21 6) Setting a public hearing date to consider a proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding newspaper notification. 7) Setting a public hearing date to consider a proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding the definitions of Basement, Gross Floor Area and Story. 8) Reaffirmation of Local Law#9-2005, Sprinkler Law. 9) Endorsing a local government records management improvement fund grant through New York State Records and Archives to obtain funds for an electronic document management system for records retention. l 0)Considering a payment in lieu of taxes agreement between the County of Westchester Industrial Development Agency and 800-60 Westchester Avenue, LLC and 760-24 Westchester Avenue, LLC. 11)Approving Minutes: October 11, 2005 (Regular Meeting), October 11, 2005 (Work Session) ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING NEXT TRUSTEES MEETINGS: December 13, 2005 and December 27, 2005 or January 10, 2006 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Board of Trustees Meeting November 22,2005 Page 2 of 21 Victor Carosi, Village Engineer Chief Thedore Santoro Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the meeting to order at 7:30 p.m. with the Pledge of Allegiance. The first order of business before the Board was the Consideration of a Proposed Local Law. Mr. Bradbury, Village Administrator, was called upon for a brief background of this matter. PUBLIC HEARINGS: 1) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT PARKING AND STANDING ALONG PORTIONS OF HILLCREST AVENUE. Mayor Rand declared the public hearing open. Mr. Bradbury noted that this matter had been before the Village Board for months. The matter was referred to the Traffic Commission and they recommended that the Village Board consider additional parking restrictions on Hilllcrest, from Neuton to Irenyhl Avenue. The Village Board reviewed the matter, a public hearing was set, and notices were sent out to the residents. Trustee Richard Buzin, liaison to the Port Chester School District noted that the School Board was aware of the resolution before the Board of Trustees. They have made it very clear that they are very much against these proposed amendments. Dr. Charles Colletti, Superintendent of the Port Chester School District, submitted a letter opposing this amendment. Trustee Buzin noted that there is parking along Neuton Avenue on the school side, and with the changes to the local law, it has been the hope that the students would migrate to that area for parking. Since the Village of Rye Brook has no jurisdiction on the parking in Port Chester, all it can do is suggest to the administration that students park in that area. Mayor Rand noted that what has happened, however, is that the students are parking on the side streets closest to the school, versus walking a little further and parking along the field. He called for comments and questions from members of the public. The resident of 3 Maywood Avenue addressed the Board. He noted that there were several problems with the parking amendments that have been made. The main problem is that removing the parking from Hillcrest simply pushes the students over to Maywood. Since the line of sight from the high school is blocked, students already hang out on Maywood. With the new restrictions, even more residents of Maywood would be affected. Board of Trustees Meeting November 22,2005 Page 3 of 21 Trustee Joan Feinstein noted that although they have tried to convince the students and the teachers to park near the ball fields, this has not happened. The Village was concerned about parking migration from the start. She reminded everyone that the goal was to balance the needs of the residents of the area with the needs of the teachers, administrative staff, and the students. Mayor Rand noted that during the process the Board has discussed the fact that the problem could migrate to the other streets. Rather than rush the decision on this issue, he preferred that this matter be kept open for further discussions. The Port Chester School District has been working with the Village to correct the problems in the area. They have hired individuals to police and do maintenance work in the area, including Maywood. This has been somewhat successful. The resident of 15 Maywood Avenue addressed the Board. He agreed with his neighbor in that the students hang out on Maywood because it is out of sight of the high school. There is parking on both sides of this street, which makes this road extremely congested. He felt that there was more that the Port Chester School District could do. He suggested checking plates, registrations, and licenses. He felt that a little bit of friendly persuasion could go a long way. He noted that recently he broke up a fight after a sports game. The students involved appeared to be under 18, which meant that they were driving illegally. He asked that the police force be made aware of the possibility that these children should not be driving in the evening hours. Mayor Rand requested that the police, who are doing a very good job of patrolling the area, increase the frequency of their patrols. The resident of 18 Maywood Avenue addressed the Board. She suggested a traffic study be done for the area. As Hillcrest is very congested street, there are safety issues that should be reviewed, i.e.: accessibility by Fire and EMS equipment. The underlying issues of loitering, littering, and being a good neighbor should also be reviewed. Maywood is an easy street to park and hang out on and the School Administration should be made aware of that. The resident of 8 Maywood Avenue addressed the Board. He asked that if the Village made the amendments to the parking restrictions for Hillcrest, that Maywood should also be included. The resident of 75 Hillcrest Avenue noted that everyone on Hillcrest is very upset. She also felt that Maywood should be included in this proposal. She stated that there is criminal activity that goes on, along with the vandalism, littering, loitering. The residents of this area do not want to wait any longer. She requested that the Board make the recommended changes to parking at this meeting. Trustee Feinstein noted that a petition was submitted from the residents of Hillcrest. She has felt that it is unfair that the residents of Hillcrest cannot park in front of their own Board of Trustees Meeting November 22,2005 Page 4 of 21 homes, but this is a luxury that they are willing to give up to alleviate the problem. She reiterated that there must be a balancing act to ensure that everyone's needs are met. Concessions must be made. Mayor Rand noted that when the Village first started tackling this problem it was understood that this would be an ongoing matter that would require additional review. If the matter passes for Hillcrest, Irenhyl and Maywood can be addressed next. Nothing precludes Maywood being discussed at a future time. Mr. Bradbury noted that in order to act on a local law the local law must be in a final form. If it is modified there must be another public hearing. The public hearing could be kept open to the December 13, 2005 Board of Trustees meeting. The alternative was for the Board to vote on the resolution before it this evening, and then to address the other areas. He reminded the Board members that the Port Chester School District was opposed to these amendments. Trustee Brown felt that the School District should be given an opportunity to discuss this matter. Mr. Ken Heller of Lincoln Avenue felt that there was no control over the cars that are parked in the area. They could be students, past students, or just individuals looking to hang out. He felt that many of the students can walk to school, but they want the convenience of having their car with them at school. He suggested parking stickers for the students. If they are parked in designated areas without a sticker, then a ticket should be issued. Trustee Feinstein noted that there is no way to limit the parking on public streets. Trustee Buzin felt that requesting that the students park near the fields calls for a voluntary situation. The streets are public streets. He felt that the Port Chester School District has made its position clear and, therefore, putting this matter off waiting for addition input would result in receiving the same information Trustee Brown made a motion to add Maywood to the resolution and adjourn the public hearing to December 13, 2005. Mayor Rand noted that the Village of Rye Brook went out on a limb to get the permit parking for the teachers. The requests that students park along the fields have not brought the results that the Village hoped. He also felt that the resolution should be amended to include Maywood, and put on the agenda for the December 13, 2005 meeting. A resident of Maywood noted that the turn from Hillcrest onto Neuton is a dangerous intersection. He felt that these changes were also a matter of public safety. He made a suggestion that the school include classes on manners, as they were lacking in many of the students. Board of Trustees Meeting November 22,2005 Page 5 of 21 Trustee Paul Rosenberg noted that one of his major concerns is resolving the problem without inconveniencing the neighbors. He offered a second Trustee Brown's motion to add Maywood to the resolution. He hoped that someone from the Port Chester School District would attend the next Board of Trustees Meeting. Mr. Keith Rang, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE The second public hearing on the agenda was called before the Board. 2) CONSIDERATION OF A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A KITCHEN EXPANSION AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD. Mr. Bradbury noted that this application has been reviewed by the Village's Planning Board and Village Staff. Comments were also received from the Town of Harrison and The Town of Greenwich. Gary Gianfrancesco, of the firm of Arconics, addressed the Board as the representative for the applicant. He began his presentation by noting that the construction being proposed is an addition to the existing kitchen and will comprise of 590 square feet, to be constructed at the left portion of the existing clubhouse. The addition is intended to occupy an existing service courtyard, which is currently all impervious surface. After a full review, it was determined that there was no need for a full-blown storm water protection plan, and there were no adverse environmental impacts that would result from the proposed action. This addition will consist of a single story addition, with a basement, to allow the expansion of the existing kitchen. It will house additional freezer space, provide a new means of egress, and provide a small locker room for the employees. Mr. Gianfrancesco noted that great efforts have been expended in order to provide screening for the refrigeration equipment, which would be on the flat roof. He provided drawings of the clubhouse for the Board's review. Mayor Rand called for questions and/or comments from members of the public. There being none,he called for a motion. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE Board of Trustees Meeting November 22,2005 Page 6 of 21 TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand moved to the resolution portion of the agenda. It was noted that the first matter under resolutions, in connection with parking on Hillcrest, was adjourned to the next Board of Trustees meeting. RESOLUTIONS: 2) APPROVING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A KITCHEN EXPANSION AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD. Mr. Bradbury read the following resolution: RESOLUTION APPROVING A SITE PLAN AND SPECIAL USE PERMIT FOR CONSTRUCTION OF AN ADDITION TO THE CLUBHOUSE AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD, IN THE VILLAGE OF RYE BROOK WHEREAS, the Blind Brook Club has submitted an application to the Board of Trustees of the Village of Rye Brook for site plan and special use permit approval to construct a single story addition with basement to allow the expansion of an existing kitchen and provide an interior fie exit stairway on their property located at 980 Anderson Hill Road, Section 1, Block 4, Lot 1 in the R-20/Z-1 Zoning District; and WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on September 27, 2005 and on October 6, 2005 the Planning Board recommended approval of the application with conditions regarding tree protection, storm water management, erosion control and construction planning; and WHEREAS, the Village of Rye Brook Board of Trustees, as Lead Agency pursuant to the State Environmental Quality Review Act (SEQRA), reviewed the information submitted by the applicant in connection with the application, including a Short Environmental Assessment Form (EAF) and the report and recommendation of the Village Planning Consultant and the Village staff, and WHEREAS, the subject application was referred to the Westchester County Department of Planning, the Town/Village of Harrison and the Town of Greenwich CT for review and no comments were received; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project; and Board of Trustees Meeting November 22,2005 Page 7 of 21 WHEREAS, on November 22, 2005, the Board of Trustees held a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application; and WHEREAS, the Board of Trustees, after due deliberation, finds the proposed construction project would improve fire safety in the building and would not increase impervious surface coverage on the property; and WHEREAS, the Board of Trustees, in its capacity as Lead Agency for the review of the subject application, assessed the potential for adverse environmental impacts from the proposed action and determined that the proposed action would not result in any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees adopts a Negative Declaration, hereby ending the State Environmental Quality Review process. BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the Site Plan and Special Use Permit subject to the following conditions: 1. Revision of the Zoning Tabulation Table to show complete zoning calculations including existing and proposed impervious surface. 2. Provision of tree protection details and tree protection notes acceptable to the Village Planning Consultant. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Feinstein noted that the Section, Block and Lot number have changed and should be made consistent in the resolution and the memo. Mr. Bradbury requested that a note indicating no increase in impervious surface in connection with this application be placed on the plans. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 8 of 21 3) SETTING A PUBLIC HEARING AND REVIEW OF AN APPLICATION FOR SITE PLAN APPROVAL PREPARED BY K&M REALTY GROUP, LTD. FOR THE BOWMAN AVENUE DEVELOPMENT, SECTION 1, BLOCK 22, LOTS 2B AND 2B2. Mr. Bradbury read the following resolution: RESOLUTION REGARDING SETTING A PUBLIC HEARING AND REVIEW OF AN APPLICATION FOR SITE PLAN APPROVAL PREPARED BY K&M REALTY GROUP, LTD. FOR THE BOWMAN AVENUE DEVELOPMENT, SECTION 1, BLOCK 22, LOTS 2B and 2112 WHEREAS, the Village of Rye Brook received an application from K&M Realty Group, Ltd. (the "Applicant") for Site Plan Approval and Wetlands and Steep Slopes Permits for the construction of four (4) buildings, one of which would contain a restaurant and three of which will contain residential dwelling units, parking facilities, lighting, landscaping, and related site development activities (the "Proposed Action"); and WHEREAS, the ±4.039-acre property (the "Property"), approximately 1.67 acres of which is open water, is located on the south side of Bowman Avenue approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District, in the Village of Rye Brook, New York and is shown as Tax Lot Section 1, Block 22, Lots 2B and 2132; and WHEREAS, the Village of Rye Brook Board of Trustees determined the Project to be an Unlisted Action and was designated Lead Agency for review of the application in accordance with the State Environmental Quality Review Act(SEQRA); and WHEREAS, a DEIS was prepared and determined to be complete on August 10, 2005 and a public hearing on the DEIS and the Proposed Action was opened on September 28, 2004 and closed on October 26, 2004 and at that time the Village Board directed the Applicant to prepare an FEIS for the Proposed Action; and WHEREAS, the Applicant submitted an FEIS dated July 2005 that presents a substantially modified Site Plan that eliminates the restaurant, locates ten (10) residential units in three (3) multi-family buildings on the peninsula portion of the Property and proposes that the strip portion of the property remain undeveloped (the "Mitigation Plan"); and WHEREAS, the Village Board and Village consultants are reviewing the FEIS regarding the Proposed Action for completeness and adequacy; and Board of Trustees Meeting November 22,2005 Page 9 of 21 WHEREAS, as part of the site plan review process, the Village Board desires to receive public comment on the Mitigation Plan because it is substantially different from the site plan of the Proposed Action. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, as approval authority for the site plan, will consider the modified site plan "Mitigation Plan" and directs the modified site plan application be referred to the Westchester County Department of Planning and adjacent municipalities for review and comment; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on January 10, 2006 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the revised application for site plan approval; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted, and the public hearing was set for January 10, 2006. Mayor Rand noted that setting the public hearing date for January 10, 2006 would allow for the time necessary to notify the residents and let them know that this application has been modified. He reminded everyone that this resolution simply set the public hearing. James Ryan of John Meyer Consulting addressed the Board. He noted that the plan has been substantially improved. The new plan reduces the overall impact. Mr. Ryan presented the Board with the new plan. The old plan included residential units on the strip and a restaurant on the peninsula. The new plan has the housing units moved to peninsula; the west side of the property. The applicant has removed the retail portion of the plan, and now will be offering the strip portion of the property to the Village, at no cost. The impacts have been greatly reduced with this new plan, traffic has been cut by a third, and the footprint of disturbance in the buffer area has been reduced. It was pointed out that this property has already gone through the SEQRA process. Mayor Rand noted that the units are proposed to be constructed on the peninsula, and there would now be ten units versus the nine previously planned. He requested that the City of Rye be notified of the upcoming public hearing. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 10 of 21 4) SETTING PUBLIC HEARING TO CONSIDER AN APPLICATION BY NEXTEL FOR AN AGREEMENT AND SITE PLAN 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 SETTING A PUBLIC HEARING TO CONSIDER AN APPLICATION BY NEXTEL FOR AN AGREEMENT AND SITE PLAN 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 is Lead Agency pursuant to the State Environmental Quality Review Act (SEQRA) for environmental review of the application and approval authority for the agreement with Nextel; and WHEREAS, the Village Board directed Nextel to submit to the Village all outstanding documents and information regarding the application no later than 12:00 p.m. November 23, 2005; and WHEREAS, the Village Board expects the Village Planning Board to act on review of the application on December 8, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a Public Hearing on Tuesday, December 13, 2005 at 7:30 pm at Village Hall, 938 King Street, Rye Brook,New York to consider the application by Nextel for an agreement and site plan to construct a wireless telecommunications facility at Village Hall. On a motion made by Trustee Rosenberg and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees Meeting November 22,2005 Page 11 of 21 Mr. Bradbury noted that this plan was established six weeks ago. The representative for Nextel was called upon for a brief presentation. Lucia Chiocchio, Esq., of the firm of Cuddy & Feder LLP, addressed the Board. She advised the Board that the last few pieces of information have been submitted to the Village via Fedex. It was noted that Nextel has been working with the Village in order to construct a wireless telecommunication facility on Village on property for quite some time. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 209 OF THE VILLAGE CODE REGARDING THE 75% RULE UNDER SECTION 209-1.11(2) AND OTHER SITE PLAN REVIEW REQUIREMENTS. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 209 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE 75% RULE UNDER SECTION 209-1.B (2) AND OTHER SITE PLAN REVIEW REQUIREMENTS WHEREAS, on October 11, 2005 the Village Board requested a report and recommendation from the Planning Board regarding its experience with the amended Zoning Code 209-1; and WHEREAS, the Planning Board reviewed this request and recommended adopting a proposed local law amending Chapter 209 of the Village Code regarding the 75% rule under section 209-1.B (2) and other site plan review requirements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on December 13, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 209 of the Village Code regarding the 75% rule under section 209-1.13 (2) and other site plan review requirements. Board of Trustees Meeting November 22,2005 Page 12 of 21 On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. Mr. Bradbury noted that this amendment would remove the rule that says that any application for construction that meets zoning but exceeds the 75% rule must go through a site plan approval. Trustee Rosenberg noted that the Planning Board, at their last meeting, reviewed this 75% rule. It was found that the law is a little too restrictive but, at the same time the Planning Board wanted to ensure that there was some way to capture some applications that could have environmental and other effects, i.e., teardowns and/or re-builds. In order to ensure that storm water runoff is addressed, a clause was added which notes that disturbing land that would change the slope of the lot will result in a site plan review. The other suggestion in the Planning Board's resolution is to add teardowns/re-builds. If a structure is torn down but rebuilt on the same footprint, it would probably still require site plan review. One reason is that the topography could change and would probably warrant a site plan review. Another area to be reviewed was demolition. The Planning Board had discussed what constitutes a new construction, and suggestions were made to clarify the language in connection with this matter. Trustee Rosenberg also asked that the Board of Trustees grandfather those applications that are currently "in the bin." Trustee Rosenberg thanked the Planning Board, staff, and consultants for their hard work on these amendments. It has been a lot of hard work but, in the long run, it will make things easier. Mr. Bradbury noted that teardowns and re-builds should be added into the local law for site plan review, and that the law should take effect immediately for new applications. If an application is in the process solely for the 75% rule, then it could be grandfathered. Mr. Bradbury suggested that the matter be put on the agenda for the next meeting, however, if the amendments are not completed by that time, the matter can be moved to the next agenda. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 13 of 21 Mayor Rand noted that the Village has reviewed its Code, and many changes have been made. Once made, these changes are periodically reviewed, and then tweaked. The Village's staff, boards, and consultants have worked diligently to create a checklist to be used by the Building Department. They have also worked very hard in terms of assisting the applicants in order to understand the changes. Mayor Rand thanked that Building Department for their hard work. 6) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NEWSPAPER NOTIFICATION. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NEWSPAPER NOTIFICATION WHEREAS, the Village staff has recommended changing the number of days required to publish a public notice in the official newspaper before a public hearing can be held; and WHEREAS, a local law has been proposed to amend Chapter 250-40 of the Village Code regarding the above-referenced recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on December 13, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 250-40 of the Village Code regarding newspaper publication. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. Mr. Bradbury noted that New York State law mandates notification of five (5) days. This makes for a very tight timeframe that can mean that an application will not make the agenda. The Village of Rye Brook's law calls for ten (10) days. The rules of the newspapers have become stricter. This amendment will make things easier on the staff, and the Board, and will make the process much easier. Board of Trustees Meeting November 22,2005 Page 14 of 21 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITIONS OF BASEMENT, GROSS FLOOR AREA AND STORY. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITIONS OF BASEMENT, GROSS FLOOR AREA AND STORY WHEREAS, the Planning Board has recommended that Chapter 250 of the Village Code be amended to clarify the definitions of basement, gross floor area and story; and WHEREAS, a local law has been proposed to amend Chapter 250 of the Village Code regarding the above-referenced recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on December 13, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 250 of the Village Code regarding the definitions of basement, gross floor area and story. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 15 of 21 8) REAFFIRMATION OF LOCAL LAW#9-2005, SPRINKLER LAW. Mr. Bradbury read the following resolution: RESOLUTION REAFFIRMATION OF LOCAL LAW#9-2005, SPRINKLER LAW RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby reaffirms Local Law#9-2005, adopted on June 14, 2005. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Trustee Buzin asked for an explanation. Edward Beane, Esq., Village Counsel, noted that at the time that this law was originally passed there were concerns regarding the types of uses to be included. Considered were existing special use permits, commercial building, certain residential constructions, day car centers, attached residential units, units increasing a building by 50%, and new residential construction. At the request of the Zoning Board of Appeals, other issues were addressed, i.e.: certain renovations, such as the installation of new windows, which would bring the construction over the 50% mark. As the Zoning Board of Appeals was having a difficult time interpreting the law, the matter was reviewed. Now, one year later, a balance has been achieved. Mr. Beane also noted that the Village was involved in a Sprinkler Litigation. The re- affirmation is a legal step that the Village is required to take now that the local law has been in effect for 30 days. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) ENDORSING A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT THROUGH NEW YORK STATE RECORDS AND ARCHIVES TO OBTAIN FUNDS FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM FOR RECORDS RETENTION. Mr. Bradbury read the following resolution: Board of Trustees Meeting November 22,2005 Page 16 of 21 RESOLUTION ENDORSING A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT THROUGH NEW YORK STATE RECORDS AND ARCHIVES TO OBTAIN FUNDS FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM FOR RECORDS RETENTION WHEREAS, the primary purpose of the Local Government Records Management Improvement grant is to help local governments establish records management programs and develop new program components; and WHEREAS, in July 2004, the Village of Rye Brook was awarded a grant to perform a Needs Assessment and Feasibility Study Report for a New Payroll and Personnel Recordkeeping System; and WHEREAS, in May 2005, Caroline Gallego of Gallego Information Services submitted a report recommending that the Village obtain and Electronic Document Management System(EDMS) in order to efficiently retain Village records; and WHEREAS, based on the recommendations in the study, Village staff would like to submit a grant application for the 2006-07 fiscal year to obtain funding from New York State Records and Archives to implement EDMS in order to increase staff efficiency and productivity by significantly decreasing the amount of time it takes to find filed documents. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby endorses a proposed grant project application to obtain EDMS at a total cost of$19,634 to; 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 Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Bradbury noted that this resolution allows the Village to move to the next stage. At this time a grant has been applied for and received, and an electronic document management system will be created. Mr. Bradbury noted that Mr. Keith Rang, Assistant to the Village Administrator, has worked hard on this project. The grants that are received are non-matching funds meaning that no Village funds will need to be added. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 17 of 21 10)CONSIDERING A PAYMENT IN LIEU OF TAXES AGREEMENT BETWEEN THE COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY AND 800-60 WESTCHESTER AVENUE, LLC AND 760-24 WESTCHESTER AVENUE, LLC. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PAYMENT IN LIEU OF TAXES AGREEMENT BETWEEN THE COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY AND 800-60 WESTCHESTER AVENUE, LLC AND 760-24 WESTCHESTER AVENUE, LLC WHEREAS, the owners of 800-60 Westchester Avenue, LLC and 760-24 Westchester Avenue, LLC have negotiated a Payment in Lieu of Taxes (PILOT) agreement affecting real estate tax payments to the Village of Rye Brook, Town of Rye, Port Chester School District, Harrison Central School District, and Westchester County; and WHEREAS, the PILOT establishes the fair market value for each of the assessment years from 2004 to 2012. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Mayor, on behalf of the Village of Rye Brook, to sign all documents necessary or appropriate to execute the Payment in Lieu of Taxes Agreement (PILOT), between the County of Westchester Industrial Development Agency and 800- 60 Westchester Avenue, LLC and 760-24 Westchester Avenue, LLC. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. Mayor Rand noted that this is a very significant issue. The Village and the applicant have worked hard to develop a plan that is beneficial to both parties. This developer is the most significant taxpayer for the Village of Rye Brook. The pilot plan agreement is very significant in connection with the Port Chester School Board. Trustee Feinstein made two (2) substantive comments to be added to the agreement. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 18 of 21 Mayor Rand noted that there was an additional resolution to be added to the agenda with the consensus of the Board. Mr. Bradbury was called upon to read resolution#12. RESOLUTION AUTHORIZING HDR/LMS TO PERFORM NOISE AND AIR QUALITY ASSESSMENT SERVICES FOR THE SITE PLAN APPLICATION SUBMITTED BY RECKSON OPERATING PARTNERSHIP, L.P. FOR EMERGENCY POWER GENERATORS AT 1100 KING STREET WHEREAS, the Planning Board has requested that the Village hire a consultant to review the air and noise quality reports for the site plan application submitted by the Reckson Operating Partnership, L.P. for emergency power generators; and WHEREAS, HDR/LMS has performed engineering consulting services for several projects in the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor and Administrator to sign all documents necessary or appropriate to hire HDR/LMS to perform air and noise quality review services for the Reckson Operating Partnership, L.P. site plan application for emergency power generators at 1100 King Street; and be it further resolved RESOLVED, that the fees for these engineering services will be provided by the applicant through the environmental account established for this project. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 22,2005 Page 19 of 21 11)APPROVING MINUTES: OCTOBER 11, 2005 (REGULAR MEETING), OCTOBER 11, 2005 (WORK SESSION) Mayor Rand noted that changes have been submitted to both summaries. This matter will be held to the next meeting. Mr. Bradbury was called upon for the Administrator's report: AMINISTRATOR'S REPORT: Mr. Bradbury noted that the King Street field project is moving ahead. The project will be temporarily stopped during the winter — but work will continue as long as possible. Tennessee Gas has been on site, and has run the piping that they require. This project is in very good shape. Sissy Sherlock, a Port Chester resident, will be honored by the Westchester County Senior's Hall of Fame at a Luncheon on December 9, 2005. Mr. Bradbury noted that the leaf program was well underway. He called upon Mr. Victor Carosi, Village Engineer, for an update on this program. Mr. Victor Carosi began by noting that this program is going very well. The goal has been to have three weeks or less between leaf collections. There are three (3) trucks on the road consistently, and now there will be four (4) trucks on the road. The fourth truck has helped to maintain the three weeks or less in the collection program. The piles of leaf have been monitored and there have been less instances of branches and other foreign objects in the piles. The leaf program is approximately 2/3 of the way thru. After December 31St any remaining leaves will have to be bagged and put out for a Wednesday collection. So far 78,000 cubic yards of leaves have been collected. This is the peak of the seasons with the most leaves coming down. Now is the time for clean ups of yards. Overall this program is going very well. Information on this program will be listed on the Village's website. Mayor Rand called for comments from members of the community. A resident of 35 Winding Wood Road North addressed the Board. He noted that at a previous meeting a report was given by Mr. Bradbury in connection with the Fire Advisory Board. He noted that they had recommended limited fire service response for EMS calls. He stated that he was strongly against this and asked that before the Board made a decision all statistical information be reviewed. He asked that the Board of Trustees keep the quality of life in Rye Brook the same, especially as it relates to medical care. Mr. Bradbury asked that the resident contact him to discuss this matter. He noted that the changes would result in an enhancement of services and not a `taking away of services.' Mayor Rand noted that the EMS is well managed. Board of Trustees Meeting November 22,2005 Page 20 of 21 He pointed out that the expenses in connection with operation for the EMS have gone up substantially. The closing of United Hospital has affected these costs. Trustee Feinstein noted that she had the opportunity to attend a forum on Medicare at the Posillipo Center. She offered her kudos to the staff for their hard work in putting together forums such as this. She also noted that a press conference was recently held at the Posillipo Center held with Senator Hillary Clinton. Mayor Rand noted that meetings have been set for January and he noted that a decision on the January meetings would be made on December 13t". Mayor Rand wished everyone a Happy Thanksgiving. He called for a motion to adjourn. On a motion to adjourn made by Trustee Rosenberg, and seconded by Trustee Feinstein, the meeting was adjourned at 9:35 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting November 22,2005 Page 21 of 21