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HomeMy WebLinkAbout2016-01-12 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 12, 2016 AGENDA 7:15 P.M.— EXECUTIVE SESSION 7:30 P.M.— REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Considering a request for an application for a Tier III Home Occupation Permit at 54 Rock Ridge Drive. RESOLUTIONS: 1) Considering a request for an application for a Tier III Home Occupation Permit at 54 Rock Ridge Drive. 2) Considering a Community Choice Aggregation (CCA) Memorandum of Understanding. 3) Considering the approval of minutes from the meeting of December 15, 2015. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS • Referral to the Sustainability Committee to consider adopting the NYSDEC's "Climate Smart Communities Pledge" DISCUSSION ITEM Board of Trustees Meeting January 12,2016 Page 1 of 8 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Tuesday, January 12, 2016 Board of Trustees meeting; the first meeting for 2016. The Board just came in from an Executive Session, and will need to continue after the meeting. Mayor Rosenberg called for the first item on the agenda: PUBLIC HEARINGS: 1) Considering a request for an application for a Tier III Home Occupation Permit at 54 Rock Ridge Drive. On a motion made by Trustee David Heiser, and seconded by Trustee Susan Epstein, the public hearing was declared open. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye The applicant, Paola Bellini, gave an overview of her application. She noted that she is a Yoga Teacher, and that is her passion. There is a separate entrance to the home that she will use as a Yoga Studio. The previous owner had an office in the home but to be certain that this was allowed, she contacted the Village and filed an application for a Tier III Home Occupation Permit. There will be no signage in front of the home. A Tier III permit allows for more than one person coming into her studio at a time and that is how she chose the Tier for her application. Not more than six people can fit in the studio space in her home. All clients would be required to park in the driveway. Board of Trustees Meeting January 12,2016 Page 2 of 8 Mayor Rosenberg called for the members of the public wishing to address the Board in support or opposition to the application. Juliet Solomie, 61 Rockridge Drive, a resident for the past 51 years, addressed the Board. She and her husband raised their family there and she is now a widow and lives alone. She stated that she was opposed to having a business across the street from her home. The first issue is a safety issue. Rockridge Drive is a busy street. There are children on the street, people walking dogs at night. The greater the number of cars there are the greater the possibility of an accident. She was happy to learn that all cars will be parked on the applicant's property. The second issue was that a business across from her home would lower her property value. Ms. Solomie read a letter into the record from a real estate broker, Ruth Truvini, with Hoolihan Lawrence. If there is an active business in the area, you must disclose this to any potential buyers. A business in a residential area has an effect but there is a big difference between having one client and having six clients per hour. Mr. Christopher Bradbury, Village Administrator, noted that there are different Tiers for having a business out of your home. A neighboring resident indicated that the prior owner of 54 Rockridge Drive did not have a permit for a Home Occupation although she ran a business from the premise. According to this resident, no one knows how many clients were seen per hour. Nancy Loomis of 11 Bobbie Lane addressed the Board. She noted that she did feel better about the application after hearing the applicant's overview tonight. She hoped that the application could be approved, but that the number of clients and visits could be restricted. Mr. Bradbury stated that the Police cannot ticket anyone for parking in the street. If clients are not parking in the driveway it is dealt with as violation of the permit. Mr. Grippo, a resident of Rye Brook, addressed the Board. He felt that Rockridge Drive was not a very wide road. By his calculations the road is only 27 feet in width. He reviewed other breaches of the Village's Code, how they are handled, and what makes Rye Brook unique. He stressed that it is a safety issue when additional cars on the street. The cars in the driveway will have to back out. He felt that businesses out of homes are workable when the roads are wider. People stay in Rye Brook because of the character of the community, and for what the community has to offer. Communities should benefit from the home occupation. He felt that the application should be approved, with restrictions. Mayor Rosenberg noted that a home occupation does benefit the community. Having accountants, attorneys, therapists, etc. available for the residents is a plus. Ms. Loomis questioned the number of clients coming to the home. Attorney Beane, Village Counsel, stated that the goal is one session per hour and not people coming and going every few minutes. Board of Trustees Meeting January 12,2016 Page 3 of 8 On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the public hearing was closed. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Ms. Bellini noted that she put four to six people to just put a number on it. She is passionate about Yoga and she wants to share what she has learned over the years. She is the one that came to the Village as she wants everything done correctly. Mayor Rosenberg noted that a home occupation was just granted on Lincoln Avenue. The clients park in the driveway, and there has not been any issues. The conditions will be put into the resolution, and the applicant will have the responsibility to follow the rules. Mr. Bradbury noted that if the Village receives any phones from residents that the terms of the permit are not being followed, then research is done to see whose car is parked where, or how many people are entering the home office, and at what times and the issue will be rectified. Mrs. Solomie noted that the neighbors should not be turned into `spys.' She was looking for the rules to be followed. She once again expressed concern about the value of her home and safety. Trustee Epstein noted that Mrs. Bellini's request is not as intensive or aggressive as other requests received by the Village. Trustee Rednick noted that this is a residential area, and no one is looking to disrupt the neighbors. He suggested reducing the number of clients to four, and restricting the start time. Mrs. Bellini stated that she did not have any problems with the suggested restrictions. Trustee Heiser noted that parking the cars in the driveway addresses many of the neighbor's issues. Mr. Grippo suggested restricting the days from five days a week to two or three days per week was a possible compromise. Mrs. Solomie felt that having eight cars a day coming and going would be a disruption, especially for her as she resides directly across the street. She asked that the Board consider not granting the application. Mayor Rosenberg called for the resolution on this matter: Board of Trustees Meeting January 12,2016 Page 4 of 8 RESOLUTIONS: 1) Considering a request for an application for a Tier IH Home Occupation Permit at 54 Rock Ridge Drive. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A TIER III HOME OCCUPATION PERMIT FOR A YOGA STUDIO AT 54 ROCK RIDGE DRIVE VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, Ana Paula Bellini, owner of 54 Rock Ridge Drive, desires to receive a Tier III Home Occupation Permit for use of the residence as a Yoga Studio; and WHEREAS, Ms. Bellini submitted a Home Occupation Permit Application to the Building Department as well as photographs of the proposed studio, survey of the property, floor plans and a description of the proposed use; and WHEREAS, Ms. Bellini has outlined the hours of operation and number of employees for the proposed Home Occupation in accordance with the Village of Rye Brook Code; and WHEREAS, a duly advertised public hearing was held on January 12, 2016 to consider the Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code, at which time all those wishing to be heard on the Application were given such opportunity, and the public hearing was closed on January 12, 2016. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby grants a Tier III Home Occupation Permit to Ana Paula Bellini to operate a yoga studio at 54 Rock Ridge Drive, Rye Brook, New York in accordance with Village Code, subject to the following conditions: 1. Prior to commencing operation of the yoga studio as a home occupation, the Applicant shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code and Village of Rye Brook Code, as determined by the Village of Rye Brook Building and Fire Inspector. 2. The Tier III Home Occupation Permit shall be valid for a period of one year from the date of this Resolution, subject to renewal as provided at Village Code §250- 38.1)(3)(e). Board of Trustees Meeting January 12,2016 Page 5 of 8 3. Hours be Monday to Friday 9am to Bpm with a maximum of 2 sessions per day and a maximum of 4 people per session. All parking must be off street parking. Trustee Rednick made a motion to amend the resolution in connection with parking, time, and the number of clients. It was noted that the permit must be renewed annually, but the applicant does not need to come back before the Board. Attorney Beane stated that if the conditions are being followed there should be no complaints and no reason for a review of the application. If people are complaining, then a review can take place. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the resolution was adopted as amended. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 2) Considering a Community Choice Aggregation (CCA) Memorandum of Understanding. Mr. Bradbury read the following resolution: RESOLUTION RESOLUTION AUTHORIZING ADOPTION OF MEMORANDUM OF AGREEMENT AND ENERGY SERVICES AGREEMENT VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook previously adopted a Resolution dated July 2, 2015 agreeing to enter into an agreement with Sustainable Westchester authorizing the Mayor to execute any and all documents with respect to the Community Choice Aggregation program ("CCA Program") in Westchester County which would allow the Village Board to participate in a program with Sustainable Westchester to procure energy supply from energy services companies for the residents of the Village; WHEREAS, the Resolution authorized the Mayor to execute any and all documents to give effect to the Resolution Board of Trustees Meeting January 12,2016 Page 6 of 8 NOW THEREFORE, BE IT RESOLVED, that the Mayor is authorized to execute the attached Memorandum of Understanding in furtherance of the Village of Rye Brook's participation in the CCA Program; BE IT FURTHER RESOLVED, that the Mayor also is authorized to execute an Energy Services Agreement (`BSA") in the form attached to the Memorandum of Understanding, subject to further review and revision by the Village Attorney, which authorizes Sustainable Westchester to accept bids for energy service so long as the minimum requirements set forth in the Memorandum of Understanding and Resolution dated July 2, 2015 are satisfied. Mayor Rosenberg noted that a local law has been approved. Mr. Bradbury noted that the Village was anxious to get started. There are now 24 communities in Westchester that have joined this program. The next step is to see results. Community Choice Aggregation (CCA) needs to be sure that all of the communities want to go forward. Attorney Beane noted that the municipalities are making it very clear that Rye Brook is in on board with this program and ready to move forward. Glen Wynberg of Sustainable Westchester reviewed additional communities that have recently come on board. He noted that there is a contract in place. Once the door is closed, the RFP will be issued. Two weeks later a decision will be made and they will accept a bid on the spot. From there, they will have at least seven days to transfer the customer data. There is a rescission period of 20 (28) days. Data has been collected from Con Ed for their customers. Residents will receive an opt out letter. It was noted that some people have already chosen an ESCO and Natural Gas pricing has dropped. On a motion made by Trustee Epstein, and seconded by Trustee Jason Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 3) Considering the approval of minutes from the meeting of December 15, 2015. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the summary was approved. Mr. Bradbury called the roll: Board of Trustees Meeting January 12,2016 Page 7 of 8 Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Solarize Rye Brook program is still progress. It started in October of 2015. Information can be found on the Village's website. The Village is picking up Christmas Trees and will continue pickups until they are all gone. The 2016 Sanitation Calendars are available. It can also be access through the Village's website. Village Hall will be closed on Monday, January 18, 2016, in observance of Martin Luther King Day. The Auditors will be at the next Board of Trustees meeting to review the fiscal year 2014-2015. NEW BUSINESS • Referral to the Sustainability Committee to consider adopting the NYSDEC's "Climate Smart Communities Pledge" Trustee Jason Klein gave a brief overview of this matter. This pledge means you are looking for ways to conserve energy. There are ten elements that are reviewed. The Sustainability Committee has already started discussing this matter. Mayor Rosenberg noted that this matter will be discussed further. The next meetings of the Board of Trustees are scheduled for January 26 and February 9, 2016 Mayor Rosenberg called for a motion and second to go into an Executive Session. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the meeting was adjourned at 9:11 p.m. and the Board returned to an Executive Session. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting January 12,2016 Page 8 of 8