Loading...
HomeMy WebLinkAbout2000-02-01 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 1, 2000 -- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: 1. CONSIDERING THE APPROVAL OF SITE PLAN MODIFICATION AT 800 WESTCHESTER AVENUE 2. CONSIDERING THE APPROVAL OF P.U.D. SITE PLAN MODIFICATION AT DORAL ARROWWOOD 3. ACCEPTING BELLEFAIR LAND DEDICATION 4. CONSIDERING APPOINTMENTS TO THE YOUTH BUREAU 5. ESTABLISHING A 35 MILE PER HOUR SPEED LIMIT ON ANDERSON HILL ROAD I 6. ADDING CERTAIN INTERSECTIONS WHERE TURNS ARE PROHIBITED 7. CONSIDERING THE ADOPTION OF THE SCOPE OF THE DEIS FOR THE KF RYE BROOK/GARDEN INN HOTEL APPLICATION 8. NOTICE OF INTENT TO BE LEAD AGENCY ON THE PROPOSAL TO CONSTRUCT A MUNICIPAL POOL AT LINCOLN AVENUE AND KING STREET (continued) Page Two 9. SETTING GRIEVANCE DAY FOR FEBRUARY 15, 2000 10. CONSIDERING THE APPROVAL OF THE INTER AGENCY AGREEMENT WITH THE SOUTH EAST CONSORTIUM 11. BUDGET MODIFICATION TO PAY DOWN HEALTH INSURANCE DEFICIT WITH THE MUNICIPAL EMPLOYEE BENEFITS CONSORTIUM (MEBCO) 12. APPOINTMENT OF INSPECTORS OF ELECTION FOR THE MARCH 21, 2000 VILLAGE ELECTION 13. CONSIDERING THE APPROVAL OF MINUTES FOR: OCTOBER 12, 1999 DECEMBER 14, 1999 ' NEXT TRUSTEES MEETING G TO BE ANNOUNCED Village Hall is fully accessible to the handicapped. 'k Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY, FEBRUARY 1, 2000—8:00 P.M. CONVENE MEETING The Meeting was called to order at 8:00 p.m. by Mayor Filipowski in the Meeting Room, and the Pledge of Allegiance followed, The following members of the Board of Trustees were present: Mayor Francis L, Filipowski Trustee Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher Russo Village Attorney, Kenneth E. Powell Village Treasurer, Diane DiSanto q Village Engineer, Victor Carosi Assistant to the Administrator, Charles Peretz Police Chief, Robert Santoro Frederick P. Clark Associates, Christian.Miller Meeting Secretary, Paula Pataflo Mayor Francis Filipowski called for the first item on the agenda. RESOLUTIONS: 1. CONSIDERING THE APPROVAL OF SITE PLAN MODIFICATION AT 800 WESTC:HESTER AVENUE. WHEREAS, on or about November 3, 1999, Philip Morris Management Corp., 800 Westchester Avenue,Rye Brook,New York made an application to the Village of Rye Brook for a site plan amendment with respect to its property located at 800 Westchester Avenue; g and f WHEREAS, the property is within an OB-2 zoning district, and is also known and shown on Village tax assessment maps as Section 1,Block 19,Lot(s) 1 A, 1B, 2A1, 2A2, 2B 1,3A 1;and WHEREAS, the application seeks to amend the site plan for the property in order to construct a minor building to house back-up generators; and f WHEREAS, on or about November 18, 1999, the Planning Board recommended approval of the application; and WHEREAS, the applicant has prepared and presented an environmental assessment form (EAF) under the State Environmental Quality Review Act in connection with the proposed action, and after due consideration of the information contained in the EAF, the nature of the application and other information available to it, the Board of Trustees hereby determines that this is an unlisted action which will not have a significant adverse impact on the environmental and a draft environmental impact statement will not be prepared; and WHEREAS, on January 11, 2000, the Board of Trustees conducted a public hearing on the application after due notice, at which public hearing all persons wishing to be heard on the application were afforded an opportunity to be heard; and WHEREAS, the site plan amendment application consists of the following; plans: Print for Building Department Site Plan Review, dated November 1, 1999, Philip Morris Bid No. C-077; EVP Project No. 98499.00 prepared by Einhorn Yaffee and Prescott(4 sheets); Topographic Map prepared for Philip Morris, 800 Westchester Avenue, dated December 14, 1999 by Gabriel E. Senor, PC., 80 East Hartsdale Avenue, New York 10530, one sheet designated S-1. NOW, THEREFORE, BE 1T RESOLVED, that the application for an amended site plan is approved and the Mayor is authorized to sign the site plan amendment subject to the following conditions: CONDITIONS TO BE COMPLETED BEFORE AMENDED SITE PLAN IS SIGNED 1. Prior to the signing of the amended site plan, all outstanding professional fees/environmental review charges incurred by the Village in connection with the review of the application shall be paid in full, satisfactory to the Village Administrator, 2. Following completion of construction, an"as built" plan shall be provided to the Village, satisfactory to the Village Engineer. AND IT 1S FURTHER RESOLVED, that all previous site plan and other approvals in effect regarding the property, together with the conditions and requirements thereof, shall remain in full force and effect, except as modified herein, Mr. Ken Powell, Village Attorney, summarized the Resolution before the Board. i The property involved is occupied by Philip Morris. They have made an application for a site plan amendment to construct a minor building which will house back-up generators. On November 18, 1999, the Planning Board recommended approval of the application. The' application is one that will not have an adverse effect on the environment and a Short Environmental Assessment Form was completed on November 1, 1999, On January 11, 2000 the Board of Trustees conducted a public hearing, at which time residents were given the opportunity to be heard. The Resolution is subject to certain conditions, one of them being the payment of any outstanding professional fees and environmental review charges. The construction plans shall be to the satisfaction of the Village Engineer. Trustee Donald Degling asked if the County Planning Department was notified. Christian Miller stated that an approval is not required, however, it is necessary for the Village to refer this application to them, if the County Planning :Department does not respond within the prescribed time period then the obligation is satisfied. The Village has completed this process. On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye The Mayor called for the second item on the agenda: 2. CONSIDERING THE APPROVAL OF THE P.U.D. SITE PLAN MODIFICATION AT DORAL ARROWWOOD. WHEREAS, on or about November 17, 1999, Doral Arrowwood Conference Center Associates, Anderson Hill Road, Rye Brook, New York made an application to the Village of Rye Brook for a site plan amendment with respect to its property located on Anderson Hill Road; and WHEREAS, the property involved is within a Planned Unit .Development (PUD) zoning i district, and is also known and shown on Village tax assessment maps as Section ], Block 3, Lot(s) 5A, 5B and 8; and WHEREAS, the application seeks a site plan amendment in order to create a new access drive, re-configure the basketball court, add a volleyball court and adjust related parking spaces; and WHEREAS, on or about December 9, 1999, the Planning Board recommended approval of the application; and WHEREAS, the applicant has prepared and presented an environmental assessment form (EAF) under the State Environmental Quality Review Act in connection with the proposed action, and after due consideration of the information contained in the EAF, the nature of the application and other information available to it, the Board of Trustees, hereby determines that this unlisted action will not have a significant adverse impact on the environment and a draft: environmental impact statement will not be prepared; and WHEREAS, on January 11, 1999, the Board of Trustees conducted a public hearing on the application after due notice, at which public hearing all persons wishing to be heard on the application were afforded an opportunity to be heard; and WHEREAS, the site plan amendment application consists of the following plans: Site Plan, Arrowwood/Pfizer Conference Training Center, Village of Rye Brook, prepared by Ralph G. Mastromonaco, P.E., 13 Dove Court, Croton-on-Hudson, New York 10520, dated June 3, 1998 and last revised on December 10, 1999(4 sheets), as further modified by the separate proposed site modification plan dated December 16, 1999 Arrowwood/Pfizer Conference Training Center also prepared by Ralph G. Mastromonaco, P.E., consisting of one sheet. NOW, THEREFORE, BE IT RESOLVED, that the application for an amended site plan is approved and the Mayor is authorized to sign the amended site plan subject to the following conditions.- CONDITIONS onditions:CONDITIONS TO BE COMPLETED BEFORE AMENDED SITE PLAN IS SIGNED 1. Prior to the signing of the amended site plan, all outstanding professional fees/environmental review charges incurred by the Village in connection with the review of the application shall be paid in full, satisfactory to the Village Administrator, 2. Following completion of construction, an"as built" plan shall be provided to the Village, satisfactory to the Village Engineer, AND IT IS FURTHER RESOLVED, that all previous site plan and other approvals in effect regarding the property, together with the conditions and requirements thereof, shall remain in full force and effect, except as modified herein. Mr. Powell summarized the Resolution. i The property in connection with this application is owned by the Doral Arrowwood Conference Center. They have made an application for a site plan amendment with respect to a number of relatively minor items. One item is reconfiguration of the basketball court: The other items are reconfiguration of the volleyball court, an adjustment to the related parking spaces and the most significant issue is converting the existing temporary construction road to a permanent road. (This road would connect the main access drive to the main parking area,) On December 9, 1999, the Planning Board recommended the approval of the application. This application is minor in nature and it does not have a significant or adverse impact on the environment. The Board of Trustees conducted a public hearing on January 11, 2000. The Resolution identifies the site plan and provides for certain conditions,i.e.,that all outstanding professional fees and environmental review charges incurred by the Village will be paid in full. Trustee Herman noted that a request was previously made for the width of the access drive to be widened. He asked if this was changed in the plans, to which David Smith, of Sacardi and Schiff, representative for the applicant, responded that it had. Mayor Filipowski asked for any further comments from the Board, or members of the public. On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski called for the third item on the agenda. 3. ACCEPTING THE BELLE FAIR LAND DEDICATION. Mr. Russo read the following Resolution: RESOLVED, that the Village of Rye Brook hereby accepts the offer of dedication made by the Belle Fair Home and Land Company in a deed dated December 29, 1999, and the correction deed dated July 15, 1999 from High Point Estates Inc, pursuant to condition 30 of the Resolution entitled: High Point Village, Subdivision Approval, Detailed Site Plan Approval, Retail Use Special Permit, and Wetlands Permit Approval, adopted by the Board of Trustees on January 27, 1998. i Trustee Degling raised a few points. He stated that there were two deeds: a Bargain of Sale Deed and a Quit Claim.Deed. He felt that, particularly if the Village builds on some of this land, Title Insurance should be obtained. Mr. Powell stated that BelleFair has provided the Village with a Title Report and the Village has purchased Title Insurance from the title company. Trustee Degling also pointed out that the reports are being forwarded to someone in New York City instead of to our Village Attorney. Mr, Powell said that he would correct this. Mayor Filipowski felt that the title insurance issue is important, He raised a question of why a correction was necessary on the Deed from High Point Estates. Mr.Powell noted that there was litigation several years ago, handled by special counsel for the Village, which involved a settlement where the then owners of High Point Estates provided 3 acres of land to the Village. The three acres which were conveyed to the Village were conveyed in two separate deeds, The first deed, which began its description from Lincoln Avenue, was a one acre parcel. The second deed also began its description from Lincoln Avenue continued for two acres. Thus, the deeds did not convey the full three acres. During the review of the land dedication from Belle Fair this was spotted by the title company and BelleFair went back to High Point Estate and requested a.corrected deed. This solved the problem with regard to land that is not part of this dedication. The Mayor asked that the Village Attorney check to make sure that Title Insurance was in place. A Quit Claim Deed was provided primarily because of the length of time since the last transaction, and he reminded the Board that this is not part of the Belle Fair land dedication, This deed is better than what the Village currently has. Mayor Filipowski asked for the Board's comments regarding purchasing title insurance for the parcel. The Board agreed that it would be a good idea and Mr. Russo will follow up on this request. Mayor Filipowski noted that Belle Fair has insurance in place which is good until 4113100. He asked if additional language was required to insure that they would continue to provide this insurance this for as long as they have access use to the land now owned by the Village. Mr. Powell stated that there is a clause which provides for BelleFair to hold the Village harmless, and that it will name the Village as an additionally insured. Trustee Gary Zuckerman stated that the builder received a special award for this new home project, On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye - I Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CONSIDERING APPOINTMENTS TO THE YOUTH BUREAU. Mr. Russo read the following Resolution. RESOLVED, that Jody Brackman of 76 Tamarack Road, Michael Zinman of 10 Holly Lane and David Hartman of 25 Argyle Road, are hereby appointed as members of the Port Chester / Rye Brook Joint Youth Bureau Board. Trustee Zuckerman commended the three individuals named to the Youth Bureau for volunteering to serve on this Committee. He asked about the selection process and how these openings were publicized. Trustee Jody Brackman stated that the Village has been working on this for over two years and she had put her name in long before she was elected to the Board of Trustees. On a motion made by Trustee Zuckerman, and seconded by Trustee Degling, Mr. Charles Peretz called the role: Trustee Brackman Abstained Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye The Mayor congratulated the new members of the Youth Bureau. 5, ESTABLISHING A 35 MILE PER HOUR SPEED LIMIT ON ANDERSON HILL ROAD. Mr. Russo read the following;Resolution. RESOLVED, that Section 240-7 of the Code of the Village of Rye Brook is amended to add a new subdivision G as follows: G. No person shall operate a vehicle at a speed in excess of thirty Ove (35) miles per hour in either direction on the part of Anderson Hill Road which is in the Village of Rye Brook. Mr, Russo noted that the signs contained in Resolutions 5 and 6 had been properly authorized by State and County codes, but had never been formally adopted into the Village code. The Village will now receive some revenue from any summons issued on these roads. On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, Mr. Charles Peretz called the role; Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye G. ADDING CERTAIN INTERSECTIONS WHERE TURNS ARE PROHIBITED. Mr. Russo read the following resolution. RESOLVED, that the following are added to the enumeration of prohibited turns at intersections in Section 240-10.1(A) of the Code of the Village of Rye Brook: Direction Prohibited Name of Street Of Travel Turn Hours At Intersection of Betsy Brown Road Westbound No Rt. Turn 24 hours North Ridge Street on Red Each day January through December Betsy Brown Road Eastbound No Rt. Turn 24 Hours North.Ridge Street On Red Each day January Through December North Ridge Street Northbound No Rt. Turn 24 Hours Betsy Brown Road On Red Each day January Through December North Ridge Street Southbound No Rt. Turn 24 Hours Betsy Brown Road On Red Each day January Through December I Glenville Road Westbound No Rt. Turn T00am to King Street on Red 4:OOpm School Days Hilton Hotel Southbound No Rt, Turn 24 hours Westchester Avenue on Red Each day January through December Rye Ridge Eastbound No Leif Turn 24 Hours South Ridge Street Shopping Center Each day January through December North Ridge Street Northbound No Left Turn 24 Hours Entrance ramp for Each day Hutchinson River Duration of Parkway Southbound Construction Mr. Russo summarized the Resolution. Trustee Herman asked if all prohibited turns would be enforced 24 hours a day, seven days a week, Mayor Filipowski noted the exception is the intersection on Glenville Road which has signage that states no turn 7:00 a.m. to 4;00 p.m. on school days. On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, Mr. Charles Peretz called the role; Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski noted that by passing this resolution, the Village will not allow left turns from the temporary bridge onto the southbound entrance ramp to the Hutch once this ramp has been opened. 7. CONSIDERING THE ADOPTION OF THE SCOPE OF THE DEIS FOR THE .KF RYE BROOK/GARDEN INN HOTEL APPLICATION. Mr. Russo read the following Resolution. RESOLUTION ADOPTION OF REVISED SCOPE OF DE IS I+OR THE KF RYE BROOK/GARDEN INN HOTEL APPLICATION WHEREAS, THE Board of Trustees, acting as Lead Agency, adopted a Positive Declaration for the application by KF Rye Brook / Garden Inn Hotel to construct a 154 room hotel on property located on Anderson Hill Road; and WHEREAS, on June 18, 1999, a Draft Scope of DEIS was circulated to involved and interested agencies; and WHEREAS, a Public scoping session was held on Wednesday, June 30, 1999; and WHEREAS, the written comment period on the Draft Scope was closed on July 6, 1999; and WHEREAS, the Draft Scope was revised in response to comments received during the public Scoping Session and the written comment period. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Scope of the DEIS dated July 9, 1999, is hereby adopted for the application by KF Rye Brook/ Garden Inn Hotels to construct a 145 room hotel on property located on Anderson Hill Road in Rye Brook; and be it FURTHER RESOLVED, that the Village Administrator is hereby directed to circulate the Scope as required by law. Trustee Degling started the discussion with several concerns that he had with the scoping document. He referred to page 12, where it relates to traffic and transportation, the report states that they will perform analysis on eight different intersections. However, these intersections do not include King Street and Glenville Road, and King Street at the High School, although there were requests from several agencies that this be included. Mr. Christian Miller stated that he consulted with the Traffic Engineer for Frederick P. Clark and Associates and his opinion was that given the nature of the traffic generated by this project those intersections are out of the area and beyond the scope of a traffic impact analysis. Trustee Degling commented that his packet was missing page 22, and he hoped the rest of the Board received it. He then moved to the requests made by the Doral Green's attorney, Mr. Silverberg, and Diane Fox, representative of the Town Greenwich, and asked if all of them were answered in this Scope DEIS, Mr, Miller was not sure and Trustee De lin stated that he could asked Trustee Degling if he could point out specifics. g g a — not but asked that Mr. Miller look into this so that they could be addressed now rather than at a later date when it would be harder to deal with. Trustee Zuckerman asked for clarification of the number of rooms for the hotel. The current plan is for a 145 room hotel. Mr. Miller stated that the hotel will be a 145 room hotel and page 1 of the Resolution needs to be corrected. Trustee Zuckerman felt that the Board was operating backwards as they were being asked to approve a hotel that is virtually non-compliant. There is a zoning problem which needs to be rectified in terms of the area—it is currently zoned H1, however, no hotel can be built on it because of the size of the parcel. Although prepared to amend the zoning code in order to construct something that is positive, he noted that page 24 of the scoping document states that an alternative is modification of the site plan to build a smaller hotel in compliance with the existing zoning with no wetland or wetland buffer disturbance. He noted that two of the setbacks are not compliant. He felt that what should be considered is a plan that is compliant in all respects. Then, if the Board determines that the hotel is too large it can be modified. The wetlands law was passed in 1994 and it substantially changed the way in which the Village decided to pursue projects, He felt that the Board was being asked to look at this project using an improper methodology, For this reason he was planning on voting against adopting the scope. He asked the Board to take a similar position. Mayor Filipowski asked Mr. Miller for clarification of what could be built on this property. Mr. Miller stated that an official determination of zoning compliance was prepared by the Village Building Inspector, and he did take the Kahn case into consideration as it did have some relevance. The applicant can modify their petition in order to be consistent with the Building Inspectors' determination, or where inconsistent they can request zoning text amendments from the Village Board. It was his understanding that the applicant was not pursuing a release from any of the existing standards from the Zoning Board of Appeals. Mr. Steven Silverberg, representative for Doral Green Home Owners, addressed the Board. He urged the Board not to adopt the scope at this meeting. He referred to a letter from the Building Inspector from July which set forth a number of areas in which the application was not zoning compliant. The revised plans which have been submitted, five months later, still do not answer the questions raised by the Building Inspector. Additionally, a suggestion was made that the applicant come in with a smaller building and this has not been done. The current application is incomplete and therefore the Board is under no obligation to accept it this evening. Mr. Michael Tedesco, a resident of Greenwich, and the representative of the King Street E Home Owners Association, addressed the Board. He spoke in opposition of this item and stated that he has not heard any positive reaction from the home owners of Doral Greens with whom he has met. He felt that the project violates the standards that his association stands for and that the hotel will be a detriment to any residential area. He also felt that it directly affects Doral Arrowwood and King Merritt, the increase of traffic will negatively impact the residential character of this neighborhood. He urged the Board to consider turning down this project. The land is a great piece of property and the owners are entitled to some type of development but it should be more conducive to the neighboring residents, for both Greenwich and Rye Brook. Trustee Brackman expressed her concern that the Board has continually allowed the applicant to work on the plan, in an attempt to modify it. She noted that a project of this type would bring in a significant amount of tax dollars for the Village and the schools, without having a crowding effect because there would be no students associated with the project. She asked if the Board should once again ask for further modifications. Mr. Miller referred to an FR Clark Flow Chart, and pointed out that currently the project is on Step I 1 of a 21 Step process. More information will be forthcoming; more opportunities for dialogue with the applicant will be available. The application can be referred back to the Planning Board for their comments and input. The Board does need to keep in mind that there is an obligation by the Board to process the application in a diligent manner. The wrinkle here is that this application involves zoning text amendments, which are purely discretionary. The Board can say that the application should go away at any time during this process, even at the end of the 21 step process. The Board is considering the application, and alternatives to the application, and seeks the information embodied in an environmental impact statement where it can more clearly, and thoroughly, analyze the issues, evaluate the impacts, and talk about mitigation measures. There are hardships which were not created by the applicant but rather by changes in the law. Trustee Zuckerman gave some history of the property. He noted that in 1993194, before Pepsi owned the property, it was the subject of a proposal to build a shopping center. The E community had a tremendous outcry against it. The applicant at that time asked for zoning changes and zoning text amendments. This Board considered it and after an Executive Session, they came to the conclusion that it would be less expensive for the applicant if the change was denied at that stage. Mr. Silverberg expressed a concern about going forward because requests that have been received during the past five months have gone unanswered. The idea of answering those questions later in the process concerns him greatly. He felt that the applicant could come in a few months and point out all the money that has been spent on the DEIS and question the need to respond to the outstanding questions. He reiterated that the outstanding issues should be answered now, before the project moves forward. Trustee Degling stated that the Board has expressed many concerns. They have also suggested that a smaller hotel might be built and the hotel size has been slightly reduced in response to these concerns. Additionally, the intrusion onto wetland buffer areas have been substantially improved. We are making progress, but he felt that they were not at the point where a hotel could be built. One of the problems is that a 145 room hotel would require 145 parking spaces. If the hotel is a 130 room hotel, then 130 parking spaces would be required and perhaps many of the problems could be avoided. He noted that Mr. Gioffre did state that a smaller hotel was not economically feasible, however, the Board i has no way to evaluate that judgment Trustee Roger Herman noted that in reading a recent advertisement from Hilton he felt that there was more flexibility in the number of rooms that can be built on this site. He felt that 145 is not the absolute number of rooms that can make this an economically feasible project. Trustee Degling asked if the Board were to go forward with the DEIS, if they would receive a set of plan modifications. Mr. Miller stated that the applicant would submit a plan for each item (there are 5 in total). Trustee Degling asked if the Board could jump to that step without forcing the applicant to go through the rest of the expenses. Mr. Miller felt that this process would present a"slippery slope." He could present the plans and the Board could ask for changes but during that time the SEQR process would be at a standstill. The SEQR process is a process that can be used to help make these kinds of decisions. The difference here is the fact that these are zoning text amendments and that the Board has a lot of discretion when you are reviewing that type of application. Trustee Brackman noted that the zoning text amendments are not in respect to the wetlands. They are in respect to the setbacks from the roadway and the parking. Mr. Miller noted although true, the two are closely associated, giving some relief on zoning for the purposes of environmental protection. The applicant is not requesting any relief from the wetlands law. Julian Juster, from Doral Greens, stated that he was disappointed that there was no representation for the applicant at this evening's meeting. He felt that the application was no further along now then it was six to eight months ago, and that there was a lack of respect on the applicant's part by having no representation at the meeting. Although not in the hotel business, and considering that we do not know whether a 130 or a 145 hotel will be economically feasible, he felt that the applicant has done nothing in the past few months in regard to the ongoing dialogue. In his opinion what they have done is resubmit the application again. During a meeting over the summer, it was noted that regardless of the size of the hotel there are no guarantees for success. Hotels are very specialized animals and if the hotel is unsuccessful another use for the building might be Section S housing and that might not be the greatest thing across the street from Doral Green. With the inception of the Master Plan, and tremendous population growth in that area, the interests of residents in this section demand great consideration. Mr, Miller stated that if the Board is of the opinion that it wants an application consistent with the zoning requirements, then they should make this clear to the applicant. However, at this time the Board is saying that they are willing to consider changes in zoning. As well, there is an additional vehicle of relief that has been discussed in the past, the applicant could go to the Zoning Board of Appeals, The process, procedures, criteria, tests and so forth that need to be established at that level are different than what the Board of Trustees needs. Mayor Filipowski asked for further comments from the Board, and members of the public. There being no further discussion or comments, Mr, Peretz called the role; When her name was called, Trustee Brackman explained that a vote in favor of the scope simply meant that you are willing to consider changes in the zoning ordinance, which has to do with the setbacks and the number of parking spaces, Voting No, against the Scope, does not preclude the applicant from returning with an application that conforms with the zoning. Mr. Miller stated that here the Village Board should be explicit. They should note that voting down the acceptance of the Scope puts the application on hold because they are not willing to entertain changes in the zoning ordinance and they would like to see an application that is consistent with that. If you do want to entertain changes, then adopting the scope provides the opportunity to review difficult proposals. By looking at the impacts you can then use it as a decision making device, Trustee Degling explained that he intended to vote in favor, because he would consider zoning changes, but not to the extent that they have been proposed. There are some j problems that the Building Inspector has brought up that are highly technical. The real problems, however, are the setbacks and, basically, the size of the hotel. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting No Trustee Zuckerman Voting No Mayor Filipowski Voting No Mr. Miller asked if it would be appropriate to state that the Board members who voted no would like to see an application consistent with zoning. Mayor Filipowski stated that it was. The Board was primarily referring to the building and parking setbacks, Mayor Filipowski called for the next item on the agenda. 8. NOTICE OF INTENT TO BE LEAD AGENCY ON THE PROPOSAL TO CONSTRUCT A MUNICIPAL POOL AT :LINCOLN AVENUE AND KING STREET. Mr, Russo read the following Resolution: WHEREAS, the Village of Rye Brook has under consideration a proposal to construct a Village pool complex on approximately eight acres of land located at the intersection of King Street and Lincoln Avenue, NOW THEREFORE LET IT BE RESOLVED, that the proposed action is determined to be a Type I and that a coordinated review under SEQR will be conducted pursuant to part 617 of the implementing regulations of Article S of the New York State Environmental Conservation Law; and it is further RESOLVED, that the Village Clerk shall circulate to all involved agencies an appropriate notice stating the intent of the Board of Trustees to act as Lead Agency with respect to this proposed action. Trustee Zuckerman asked if the Board voted against this Resolution if the pool would then be `killed,' Mr. Miller explained the Board would only be saying that it does not desire to begin the environmental review process on this proposal. Trustee Herman commented that he was opposed to the timing of this issue because it was so close to the election. Mr. Miller referred to the SEQRA procedure and noted that if this Board is desirous of establishing lead agency, the five involved agencies would have 30 days to challenge. Mr. Russo noted that due to multiple legal time requirements, the earliest date to hold on Board resolution would be after the election. Trustee Brackman felt that a complete environmental review should be done and this should not be hurried through. The benefits gained by doing a longer, more careful analysis definitely offset any extra cost by having a separate bond vote if in fact it gets to that point. Mayor Filipowski agreed and stated that this issue should not be rushed. Dean Santon, of Hillandale Road, addressed the Board. He stated that 900 people responded to the survey and only half responded favorably. Additionally, he asked what the environmental studies would cost the tax payers and suggested a more complete survey before the Village spends money on environmental studies. Mr. Miller stated that if the Board found a particular issue on the environmental assessment form that required further examination then there could be additional costs. A positive declaration could be given. Trustee Zuckerman asked what needs to be done if a positive declaration is declared before a bond vote is taken. Mr. Miller noted that there would need to be a public comment period, response to the comments, DEIS, etc, Everything is dependent upon what the impacts are. Mr. Joe Siclari of Grant Street stated that there were too many questions that have not been answered regarding this pool. One question is if the County gives the Village$100,000 does that mean that anyone in the County can become a member. A second question is whether s the Village is prepared to spend money on a lawsuit if anyone drowns in the pool. Another question is what will happen if the membership drops. Is Rye Brook stuck footing the bills? He thought the responses to the surveys were negative. This pool is unfair as it will raise taxes. He felt that Rye Brook does not need a pool, but they do need a firehouse and school extensions, Ben Miloro of 43 Hillcrest Avenue noted that United Cerebral Palsy will be getting a pool which will cost approximately $3 million dollars for only $500,000. He also said that Mr. i Berman stated that this pool would not cost the tax payers money, however, at the last meeting he said that it will only cost the residents $48,00 for the first year. Trustee Brackman asked if the Board of Trustees declared themselves Lead Agency if they then would be responsible for the environmental review costs. Mr. Miller stated that it would., but that this evening the Board was only voting on their intent to be Lead Agency, Mr. Powell noted that once the Lead Agency is established, the next step is to decide whether a negative or positive declaration should be issued. On a motion made by Trustee Herman, seconded by Trustee Degling, Mr. Charles Peretz called the role: Trustee Brackman Voting No Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting No Mayor Filipowski Voting Aye 9. SETTING GRIEVANCE DAY FOR FEBRUARY 15, 2000 Mr. Russo read the following Resolution: WHEREAS, the tentative assessment roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester, on February 1, 2000; and WHEREAS, said assessment roll may be seen and examined by any interested person until the third Tuesday in February (February 15, 2000) at the Assessor's Office, 10 Pearl Street, Port Chester, New York, 10573; and WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook, an application for review no later than the third Tuesday in February, 2000. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees sitting as the Board of Assessment Review will meet on said third Tuesday, February 15, 2000, at Village Hall, 938 King Street, Rye Brook, New York, 10573, between the hours of 6:00 p.m. and 10:00 p.m. to consider those applications that have been filed on or before that date. On a motion made by Trustee Herman, and seconded by Trustee Degling, Mr. Charles .Peretz called the role: j Trustee Brackman Voting Aye Trustee Degling Voting Aye. Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 10. CONSIDERING THE APPROVAL OF THE INTER AGENCY AGREEMENT WITH THE SOUTH EAST CONSORTIUM Mr. Russo read the following Resolution. RESOLUTION 2000 SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES, INC. INTER-MUNICIPAL AGREEMENT RESOLVED, that the Village Administrator, of the Village of Rye Brook is hereby authorized to enter into an Inter-Municipal Agreement with the South East Consortium for Special Services, Inc. for the 2000 calendar year for an amount of$4,708.00 to provide a collective program of special recreation services for disabled individuals through participation in sponsored programs. On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, Mr, Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman - Voting Aye Trustee Zuckerman Voting Aye y Mayor Filipowski Voting Aye C 1 L BUDGET MODIFICATION TO PAY DOWN HEALTH INSURANCE DEFICIT y WITH THE MUNICIPAL EMPLOYEE BENEFITS CONSORTIUM (MEBCO) BUDGET MODIFICATION TO PAY DOWN HEATH INSURANCE DEFICIT WITH THE MUNICIPAL EMPLOYEE BENEFITS CONSORTIUM (MEBCO) RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.7940,340 101.9060.817 $192,660.13 (Fund Balance (Health& Dental Reserved for Insurance) Health Insurance) Mr. Russo noted that this Resolution would transfer $192,660,13 from a reserve, This insurance plan was set up in the late 80s when the State plans were going up every year. He noted that it is prudent to pay the deficit down from time to time versus paying an increased rate over a longer period of time. Currently a change in coverage is being considered, as well as an analysis of a change in carrier. Trustee Zuckerman asked if it was Mr. Russo's judgment that this decision is the most prudent way to save the Village money. Mr. Russo noted that the Village has saved quite a bit of money over the years with this plan.. On a motion made by Trustee Zuckerman, and seconded by Trustee Degling, Mr, Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 11. APPOINTMENT OF INSPECTORS OF ELECTION FOR THE MARCH 21, 2000 VILLAGE ELECTION. Mr. Russo read the following Resolution: RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 21, 2000 from 7:00 a.m, to 9:00 p.m,; and be it FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: #20 Connie Pennucci, Chair 525 Ellendale Avenue C PCMS r x#20 Belle D, Harris 12 Rock Ridge Drive PCMS #21 Betty Greto, Chair 3 West Street PCMS #21 Marie D'Ambrosio 56 Avon Circle, Apt, D PCMS ##22 Marie Capoci, Chair 20 '/x Lincoln Avenue BBHS ##22 Sonia Brigand 54 North Ridge Street BBHS 423 Walter H. Niles, Chair 101 Country Ridge Drive RSS #23 Rose Niles 101 Country Ridge Drive RSS #26 Josephine Aulenti, Chair 1.27 Ridge Street PCHS 426 Mildred DiSanto 151 North Ridge Street PCHS 427 Maria Varbero, Chair 10 Paddock Road RSS #27 Naomi Starr 9 Bowman Avenue RSS 429 Marie Godano, Chair 16 Jennifer Lane RSS ##29 Irving Starr 9 Bowman Avenue RSS #30 J.S, Kim, Chair 33 Country Ridge Drive BBHS E #30 Agnes Kanning 16 Sheldon St., Ardsley BBHS #31 Judy Uhry, Chair 19 Rockridge Drive RSS #31 Clem Patafio 62 Valley Terrace RSS ALTERNATES Pat Pagli 395 Westchester Ave., PC Rudolph Aicher 17 Rock Ridge Drive Marian Aicher 17 Rock Ridge Drive On a motion made by Trustee Herman, and seconded by Trustee Brackman, Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 11. CONSIDERING THE APPROVAL OF MINUTES FOR OCTOBER 12, 1999 AND DECEMBER 14, 1999. Mayor Filipowski asked if the minutes could be taken together. Trustee Brackman made a motion, which was seconded by Trustee Zuckerman. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye A discussion regarding the next meetings for the Board of Trustees took place. Grievance Night was set for February 15", and although it would be difficult to have a Board meeting at the same time it could be done, Trustee Zuckerman felt that a Board of Trustees meeting could be held at the same time as Grievance Night and a second date in February could be the 29"'. On a motion made by Trustee Herman, and seconded by Trustee Zuckerman, the next meeting was set for February 15"'. Mr. Charles Peretz called the role: 4 Trustee Brackman Voting Aye k Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski reviewed a notice that he received regarding Child Passenger Safety Awareness Week, The Rye Brook Police Department will be participating in this campaign, which is an annual observance to increase public awareness about the need for children to ride buckled up and safe. Saturday, February 19`f', has been designated Child Safety Checkpoint Day. During this time there will be safety checkpoints in the Village at various locations. Trustee Herman made a brief report on the Hutchinson River Parkway Tree Restoration Committee. A meeting was held today with the Regional Landscape Architect for the State. The Committee consists of eleven members, and seven members were in attendance at this meeting. The landscape architect conveyed that no plantings whatsoever could be done before the Spring of 2001. Several members of the Committee felt that this is not an acceptable decision and they are prepared to approach our legislators about it. Trustee Zuckerman also noted that the Committee is in the process of bringing in an intern from the Cornell School who will look at the Hutchinson River Parkway interchange at Ridge Street and come up with a landscape plan for that interchange. Mr. Joe Siclari of Grant Street addressed the Board. He asked if the Board would consider airing the agendas for the Board of Trustees meetings on the government channel. The Mayor felt that this was a good idea and would see that this was done. A question was raised by Mr. Miloro concerning the Blind Brook High School Teen Center and whether the house being considered required a sprinkler system. Mayor Filipowski stated that the Village Engineer and Building Inspector were currently looking into this issue. Mr. Miloro asked if it was possible to have the Teen Center housed within the Blind Brook school itself. This would alleviate the questions of Districts 4 and 5, and would also save the tax payers money. Mayor Filipowski felt that housing the Teen Center in the school is a school district question and they would look into coordinating something for the teens. Trustee Brackman noted that this weekend, Sunday afternoon, Ridge Street was virtually impassable because of an accident. During the time she spent in traffic she tried to think of ways to alleviate the traffic problems on Ridge Street. She asked if a right turn lane cutoff at the corner of the Avon development would ease the problems in that area. It was noted that this is an issue that should brought up before the Traffic Commission. Mr, Carosi, Village Engineer, stated that an analysis would need to be done. Chief Santoro h there is not enough room on Westchester Avenue to make a turn lane but stated that g noted that the State is considering placing a stop sign prior to the driveway of the Middle I School. Chief Santoro and the Village Engineer will be following up on this issue. Trustee Brackman asked for a report on the follow up work being done with regard to an analysis of the building next door to the Village Hall in reference to being used as a teen center. The Mayor stated that the Village was in the process of the analysis. Mr. Carosi stated that he and Mr. Bill Gerety, the Building Inspector, did a walk through of the building and they will be putting their notes together to decide what sort of safety improvements will be necessary. Also being considered is occupancy numbers. They are moving forward with their analysis. They will present their determination, and any changes that will be necessary, to the Board of Trustees, All estimates will be prepared in advance of budget season. Mr, Ben Miloro noted that an important issue that the Village should address is the fire issue. He felt that the house next door would be a good area for the fire house, Mayor Filipowski noted that the Board is currently holding Executive Sessions with regard to fire protection and they are very close to working everything out, Mayor Filipowski noted that the Village has been working very closely with the State regarding the temporary bridge. Lighting is going in along with more signage, striping will be put in to control the traffic lane, rumble strips will be constructed and the speed limit will be 15 M.P.H. He warned residents that the radar will be out and this area will carry double fines. Dean Santon of Hillandale Road asked at what point the Board of Trustees will disclose to the public what the plans are for fire service. Mayor Filipowski stated that when the Board has a proposal that they think is good enough, they will make it public. There being no further business before the Board, the meeting was adjourned at 10:00 P.M, Respectfully submitted, "Christophr J."Russo, Village Clerk r f I� 4