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HomeMy WebLinkAbout2001-04-10 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 10, 2001 -- 7:30 P.M. AGENDA PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. VILLAGE 2001-2002 TENTATIVE BUDGET 2. APPROVAL OF SPECIAL USE PERMIT AND SITE PLAN PROPOSAL FOR EXPANSION OF THE BORRELLI AND RUSSO INSURANCE AGENCY AT 555 WESTCHESTER AVENUE RESOLUTIONS: 1. ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE OF ENVIRONMENTAL IMPACT REGARDING APPROVAL OF A SPECIAL USE PEREMIT AND SITE PLAN PROPOSAL FOR EXPANSION OF THE BORRELLI AND RUSSO INSURANCE AENCY AT WESTCHESTER AVENUE 2. 555 WESTCHESTER AVENUE BORRELLI AND RUSSO INSURANCE AGENCY SPECIAL USE PERMIT AND SITE PLAN APPROVAL, SECTION 1, BLOCK 14, LOT 14 3. ANNUAL MEETING RESOLUTIONS 4. APPROVING THE USE OF VILLAGE STREETS FOR THE TOUR DE CURE 5. AUTHORIZATION OF FUNDS FOR THE 4TH OF JULY FIREWORKS DISPLAY TO BE PAID TO THE PORT CHESTER-RYE BROOK TOWN-TOWN OF RYE INDEPENDENCE DAY OBSERVANCE COMMITTEE, INC. 6. CREATING A TRAFFIC TASK FORCE 7. GAS UTILITY EASEMENT BLIND BROOK-RYE UNION FREE SCHOOL DISTRICT 8. REFERRING HOFFMAN SUBDIVISION - 13 BEECHWOOD BOULEVARD, SECTION 1, BLOCK 10, LOT IA 1 RESOLUTIONS: (Continued) 9. RED ROOF FARM SUBDIVSION, LOTS 14.4 AND 14.5 — CLARIFICATION AND/OR MODIFICATION SUBDIVISION APPROVAL AND PLAT RESTRICTIONS DISCUSSION: 1. UPDATE ON THE RYE BROOK FIRE HOUSE NEXT TRUSTEE MEETINGS: April 24, 2001 and May 8, 2001 CONVENE: The April 10, 2001 Meeting of the Board of Trustees was called to order at 7:30 p,m. by Mayor Filipowski. The Pledge of Allegiance followed. PRESENT: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald Degling Trustee Dean Santon Trustee Lawrence A. Rand STAFF: Christopher Bradbury, Village Administrator Ingrid Bent, Assist, to the Village Administrator Kenneth Powell, Village Attorney David Stoltman,F.P. Clark Associates David K vinge, F.P. Clark Associates Diane DiSanto, Treasurer Kathy Spinosa, Deputy Treasurer Chief Robert Santoro,Police Chief William Gerety,Building Inspector Victor Carosi, Village Engineer Paula Patafio, Meeting Secretary Mayor Filipowski announced that this was the first meeting for newly elected Trustee Dean Santon, as well as Trustee Jody Brackman's first meeting of her second term. Mayor Filipowski also noted that Trustee Brackman has been appointed as Deputy Mayor. 2 Mayor Filipowski noted that he had a presentation to make; one that was long overdue. He asked former Trustee Nancy Tunis to come up to the podium. It was noted that not only was Ms. Tunis a former Trustee, she has also served on many of the Village Boards. He presented a Certificate of Appreciation, and thanked Ms. Tunis for her dedication to the Village. Mayor Filipowski noted that he would be taking one item out of order. He called for item#8, as a courtesy to the attorney who was appearing on behalf of the applicant. 8. REFERRING HOFFMAN SUBDIVISION — 13 BEECHWOOD BOULEVARD, SECTION 1,BLOCK 10, LOT 1A Mr. Bradbury read the following Resolution: RESOLUTION REFERRING HOFFMAN SUBDIVISION 13 BEECHWOOD BOULEVARD SECTION 1,BLOCK 10, LOT 1A RESOLVED, the application of Peter Hoffinan to subdivide a 45,517 square foot parcel at 13 Beechwood Boulevard into two lots is referred to the Planning Board for a report and recommendation; and it is further RESOLVED, that the applicant shall deposit one thousand dollars into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the cost of review of this application. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. Trustee Rand asked that the Village look into the possibility of this property being wetlands. Mr.-Les Maron, of counsel for Gioffre and Gioffre, noted a wetlands study was completed and submitted to the Board of Trustees and the Planning Board. Mr. Maron thanked the Board for its consideration and moving the item up on the agenda. The roll was called by the Assistant to the Administrator, Ingrid Bent: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski returned to the agenda. He called for item#1 under Public Hearings. 3 PUBLIC HEARINGS: 1. VILLAGE 2001.-2002 TENTATIVE BUDGET A slide presentation was made covering all the issues of the 2001-2002 Tentative Budget, Mr. Bradbury noted that the process starts in December. The Department Heads are asked for budget requests for the upcoming year. In February meetings are held with each of the Department Heads at that time work is done collectively on their budgets. When this is completed then Mr. Bradbury, the Village Administrator, recommends the budget to the Village Board. This final budget must be filed by March 20t11. Once presented to the Village Board, it holds Budget Work Sessions. A Public Hearing follows, and then the budget is scheduled to be adopted at the April 24th meeting, if appropriate. By law the Board must adopt the budget by May 15t, otherwise the Tentative Budget becomes the Budget for the Village by default. The Tentative Budget includes $10.7 million in expenditures, approximately $8 million of which is raised from property tax. There was a modest level of increase this year. There has been a recent period of growth in Rye Brook. In the last two years the Village gained approximately$678,000 in additional revenue. Mr, Bradbury broke down the expenditures by functions. He noted the Village has experienced a recent increase in health insurance. Mr, Bradbury reviewed the budgets by department, i.e, general administration, public safety, recreation, fire service, etc. He noted that the current budget included funds for an additional police officer, and an additional firefighter. The Village would purchase a Police Smart Trailer, which would be used to update the residents and help people realize how fast they are going—and get them to slow down their speed on major streets. A slide compared Rye Brook property taxes against other Villages. Rye Brook was listed in the third lowest tax bracket. Mayor Filipowski asked for questions from the Board regarding the Tentative Budget. Trustee Larry`Rand noted that the Police Department is at a full compliment of 28 officers. He noted that the overtime amount budgeted. Chief Santoro noted that the long-term plan for the Police Department was to create a third-post. It has extended the reach of our patrols. The 28-man Police Department creates a fully staffed department. The extra officers should cut down on the overtime, although there are too many unknowns to say for sure -such as stomas. The State and the County do reimburse the Village for certain overtime work such as Seat Belt Check Points and DWI Check Points. Trustee Dean Santon asked for clarification with regard to the Youth Services category of the Budget. He felt that the monies that were previously allocated for the Port Chester/Rye Brook Youth Bureau should remain in the budget, and more discussion should take place before this money is dispensed. He felt that there were many merits to that program. Trustee Santon also questioned the $83,000 from the Recreation Trust Account that was slotted to be used for capital improvements. He felt that the Board of Trustees needed 4 more specifics before a decision was made on these monies, Mr. Bradbury said that he will inform the Board of Recreation Trust expenditures. Trustee Santon asked at what point the public would be notified of final adjustments to the budget. Mr. Bradbury responded that when the budget is adopted, and also at the cAd of the year there are adjustments that need to be made and money is transferred from one account to another to clean up the books. Trustee Santon felt that there was no money earmarked for potential improvements to the temporary trailer that the firefighters have been using for several years. Mr. Bradbury stated that the Village is evaluating the trailer. There are improvements that will be required in order to keep using it. Trustee Santon stated that he could not find the budget line that this money would be coming from. Mr. Bradbury stated that first the types of improvements must be evaluated. Trustee Santon noted that an eighth firefighter has been budgeted for. Mr. Bradbury noted that this firefighter was budgeted for half a year, Trustee Santon asked for clarification of the Consulting Fees -- $160,000 line item. This is an increase over the prior year. He asked how much of the $160,000 was earmarked for fire service, Mr. Bradbury responded that the initial study was budgeted for. This could be anywhere from $20,000 to $40,000. He noted that the planning consultant and the engineering consultant are also included in that budgeted amount, Trustee Santon continued to review other issues that were discussed at work sessions. He asked for feedback and a breakdown of where the $1.50,000 has gone. He felt that if the Village was projecting $25,000 to $40,000 out of the $160,000 budget for just the firehouse siting then there may not be adequate funds for this line item. Mr. Bradbury noted that the prior years' consulting fees were $117,000, the year before it was $81,000, and before that it was $107,000. Trustee Santon asked for clarification on several other items, and transfers, such as monies transferred to the Police Overtime Account, Mr, Bradbury attempted to clarify the accounting practices to Trustee Santon. Trustee Santon asked about funds that had been allocated for the Teen Center. Mr. Bradbury noted that the property next to the Village Hall and its proposed use as a Teen Center was currently on hold, A resident of Rock Ridge Drive, a resident since 1995, addressed the Board. He felt that there have been large increases in taxes over the years. He stated that the additional services that are now required, which are being subsidized by the entire community, are a result of recent new subdivisions. He asked why the additional monies required were being focused towards that portion of the community in which there has been more development. If two more police officers needed to be hired because forty more houses were built, how is that addressed. Mr. Bradbury noted the new residents are entitled to the same level of services as the rest of the community. He also stated that now those 5 new homes are on the tax rolls. Mayor Filipowski noted that with new homes on the tax rolls the Village is able to cover major items such as roadwork, Trustee Jody Braclnnan added that the developers of these subdivisions donate recreation land to the Village. This land benefits all of the residents. These developers also pay fees to the Village for permits that also benefit the everyone. Trustee Santon felt that it was unfair to say or identify that certain areas of the Village are causing increases to the budget. He continued noting that Rye Brook was once several large estates and Red Roof Farm was the last large estate to be subdivided. He pointed out that the current surplus is a direct result from the recording fees and taxes paid by these new developments. Mayor Filipowski reminded the public that the time limit for comments on any particular item was three minutes, or less. Lisa Simon of Winding Wood Road addressed the Board, She noted that she was Rye Brook's representative for the Port Chester Library. She thanked the Board for their prior support of the Library. She noted that the Library would be celebrating their 125th year anniversary, which would be celebrated on November 17, 2001, The Library Board is considering changing the name of the Library to the Port Chester/Rye Brook Public Library. The Rye Brook Board of Trustees is now being asked to formally voice its support of this name change. She also asked that Rye Brook meet the Library's request for funds. Mr. Bradbury stated that he will prepare a Resolution in support of the Library's name change. Mr. Roger Herman, former Trustee, addressed the Board. He also asked that the Village support the Library by giving it the funds that it has requested. He noted that a portion of the budget was cut out and that was a request for funds for carpeting. He stated that the carpeting that is currently in place in the Library is in a state of emergency. These funds are needed. Mr, Ben Milor"o of Hillcrest Avenue addressed the Board. He asked why the residents of both Port Chester and Rye Brook have not been notified of the name change of the Library. He noted that Rye Brook has gone out of the way to separate from Port Chester but now it is looking to add its name to the Library. Mayor Filipowski asked for additional comments regarding the 2001-2002 Tentative Budget. There being no further comments from the Board, or members of the public, the roll was called: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the next item on the agenda: 6 2. APPROVAL OF SPECIAL USE PERMIT AND SITE PLAN PROPOSAL FOR EXPANSION OF THE BORRELLI AND RUSSO INSURANCE AGENCY AT 555 WESTCHESTER AVENUE Mr. Gary Gianfrancesco of the firm Arconics Architects, P.C. addressed the Board as representative for Borrelli and Russo Insurance Agency. The applicant is proposing the expansion of the existing building at 555 Westchester Avenue to be used as professional offices, with a single unit dwelling above. The 12000 square foot lot is located on the north side of Westchester Avenue, between Ridge ,Street and Hawthorne Avenue. This property currently has professional offices and a dwelling unit on the site. The property is relatively flat, and slopes gently from rear to front. The property is in an R2F zone. The use for professional offices and dwelling are permitted uses in the zone. The land use within the vicinity of the site is essentially professional offices mixed with residential properties. The applicant proposes to construct a two-story addition on the west side of the building. A two-story rear addition is also proposed. This will provide the handicapped accessibility from the parking lot, No changes are proposed to the existing dwelling unit, and the exterior of the house will be in keeping with the architectural integrity of the existing building. The rear yard parking will be upgraded, with additional spaces added, including one handicapped space. This project has been viewed by the Planning Board on two separate occasions, and has received a positive recommendation to the Board of Trustees. This building will be fully sprinklered, which makes it fully compliant with the Rye Brook's Sprinkler Law. Trustee Santon noted that he did attend the Planning Board meetings. He questioned whether or not the proposed screening was sufficient. He also commented on grass-trete versus lawn area, the addition of fencing, removal of the garage and the shed, whether removal of the shed would give enough room for an additional parking space, whether or not parking was permitted on the street, etc. Mr. Gianfranc'esco responded to Trustee Stanton's many inquiries. He noted that the grass-crete was added to the plan in response to a request from the Planning Board. He continued by noting that removing the shed would not add sufficient space to create an additional parking space. The amount of parking is determined by the Village's Code and the applicant is in compliance with this requirement. It was noted that the applicant has designed this addition to keep in character with the rest of the neighborhood. Trustee Santon recalled several more issues he wished to bring before the Board such as the siding of the home and the removal of the decorative shingle, the height of the building, and storage within the building. Mr, Gianfrancesco noted that only the front had the decorative shingle and not the side. Most of the detailing is on the front area and upper story, and this will remain. He also assured Trustee Santon that he is complying with all of the Village's regulations, and all the uses of the property are permissible. There being no further comments, Mayor Filipowski asked for a motion to close the Public Hearing. 7 On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the first item under Resolutions: 1. ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE OF ENVIRONMENTAL IMPACT REGARDING APPROVAL OF A SPECIAL USE PERMIT AND SITE PLAN PROPOSAL FOR EXPANSION OF THE BORRELLI AND RUSSO INSURANCE AGENCY AT WESTCHESTER AVENUE Mr. Russo was asked to read the Resolution: RESOLUTION ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE OF ENVIRONMENTAL IMPACT REGARDING APPROVAL OF A SPECIAL USE PERMIT AND SITE PLAN PROPOSAL FOR EXPANSION OF THE BORRELLI AND RUSSO INSURANCE AGENCY AT 555 WESTCHESTER AVENUE WHEREAS, this action involves consideration of a Special Use Permit and Site Pian Approval for the proposed expansion of the Borrelli and Russo Insurance Agency at 555 Westchester Avenue, located in the R-2F Two-family Residential District, Tax Parcel No. 1-14-14, said expansion to consist of approximately 1,670 square feet of additional open office and storage space, a new enclosed stairway at the rear of the building with handicap accessibility, expansion of the existing parking area, and a widening of a portion of the driveway; and WHEREAS, this is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only Involved Agency for the environmental review with respect to the approval of said Special Use Permit and Site Plan; and WHEREAS, the Village Board of Trustees, at a public hearing held on April 10, 2001, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, along with other application materials; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby makes a negative determination of environmental significance 8 in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the second Resolution on the Agenda: 3. 555 WESTCHESTER AVENUE BORRELLI AND RUSSO INSURANCE AGENCY SPECIAL USE PERMIT AND SITE PLAN APPROVAL, SECTION 1, BLOCK 14, LOT 14 Mr. Bradbury read the following Resolution: RESOLUTION 555 WESTCHESTER AVENUE BORRELILI AND RUSSO INSURANCE AGENCY SPECIAL USE PERMIT AND SITE PLAN APPROVAL SECTION 1, BLOCK 14, LOT 14 WHEREAS, this action involves consideration of a Special Use Permit and Site Plan Approval for the proposed expansion of the Borrelli and Russo Insurance Agency at 555 Westchestbr Avenue, said expansion to consist of approximately 1,670 square feet of additional open office and storage space, a new enclosed stairway at the rear of the building with handicap accessibility, expansion of the existing parking area, and a widening of a portion of the driveway; and WHEREAS, the property is known as Tax Parcel No. 1-14-14 and is located in the R-2F Two-family Residential District; and WHEREAS, the Village Board of Trustees granted a Special Use Permit for the original use by resolution dated October 27, 1987; and WHEREAS, all conditions and stipulations of the previously granted Special Permit and Site Development Plan Approvals are hereby incorporated and made conditions of this approval; and 9 _ I WHEREAS, the Village Board of Trustees has reviewed and accepted as adequate the information submitted by the applicant in support of the application, including a Short Environmental Assessment Form (Parts I and 11), a narrative description of the proposed action and nature of the proposed use, and the following plans,prepared by Axconics, Inc.,Rye Brook, New York: 1. Sheet SP-1, "Site Plan, Location Plan and Zoning Statistics,"last revised 2/20101; 2. Sheet SP-2, "Site Details," last revised 2120/01; 3. Sheet A-1, "Basement Floor Plan&First Floor Plan," last revised 2/20/01; 4. Sheet A-2, "Second Floor Plan," last revised 2120/01; 5. Sheet A-3, "Front Elevation," last revised 2120/01; 6. Sheet A-4, "Rear and Left Elevations," last revised 2/20/01; 7. Sheet A-5, "Right Side Elevation," last revised 2/20101; and WHEREAS, the Village Board of Trustees referred the application to the Village Planning Board on January 9, 2001, and the Village Planning Board submitted its comments and recommendations to the Village Board of Trustees by resolution dated March 29, 2001; and WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project and has been satisfied that the Project will comply with the Special Permit and Site Development Plan standards and requirements of the Village of Rye Brook Code, except as otherwise noted; and WHEREAS, the Village Board of Trustees hereby determines that the proposed expansion of the insurance business meets the criteria for special permits as stated in Section 250-6(H)(2) of the Village of Rye Brook Code, as follows: a) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and its relation to streets giving access to it are such that it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood; b) The location, nature and height of buildings, walls and fences and the nature and extent of landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof; and C) The proposed use will be provided with off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use, at least meeting the standards of Article N, Section 250-6G. Such parking area will be suitably screened from adjoining residential uses, subject to the conditions required herein, and entrance and exit drives are laid out so as to prevent traffic hazards and nuisances; and 10 WHEREAS, the Village Board of Trustees determined that the proposed action is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only Involved Agency for the environmental review with respect to the approval of said Special Use Permit and Site Plan; and WHEREAS, the Village Board of Trustees adopted a Negative Declaration for the Project by resolution dated April 10, 2001; and WHEREAS, a duly advertised public hearing on the application was held on April 10, 2001 in the Rye Brook Village Hall, at which time all those wishing to be heard were given the opportunity to be heard, and the public hearing was closed on that date, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees grants the requested Special Use Permit and Site Plan Approval, subject to the following conditions: 1. The number of employees shall be limited to no more than eight, regardless of the type of tenancy in the building. 2. Normal business hours shall be between 8;30 A.M. to 4:30 P.M., Monday through Friday. 3. The existing wood frame garage at the northwest corner of the site shall be removed and replaced with appropriate landscaping, The landscaping plan and plant schedule should be revised accordingly, subject to review and approval by the Village's planning consultant,prior to the issuance of any building permits. 4. The landscaping on the site plan and the plant schedule shall further be revised to show the following: a. The ten (10) Taxus Baccata (English Yew) proposed on the west side of the parking lot shall be increased to an initial planting height of 4-112 feet instead of the proposed 3 feet, in order to provide more immediate and significant screening in the first couple of years. b. Foundation shrub plantings shall be added along the west side of the new building addition, similar to that shown at the front of the addition. 5. Floodlights are shown on the site detail sheet (SP-2) as being available with hoods, guards or visors to reduce light trespass and pollution. The appropriate type of shields shall be required, to the satisfaction of the Village Engineer, in consultation with the Village's Planning Consultant. Sheet SP-2 shall be revised to include this notation. 11 6. Details of the volume of fill required to re-grade the parking area shall be provided to the Village Engineer for review and approval prior to the issuance of any building permits. 7. Details of the location, number and sizing of all drainage structures, including dty wells, pipes, roof drains, etc., along with the necessary drainage calculations, shall be provided to the Village Engineer for review and approval prior to the issuance of any building permits. The surface area of the proposed grass-trete pavers at the driveway widening area should be considered in the drainage analysis. S. The applicant shall submit written documentation that all necessary County approvals have been obtained, or that no such approvals were required, prior to issuance of any building permits. 9. The primary use of the premises shall be for insurance office purposes. Any material change to the current insurance agency use shall require an application for amendment to this resolution of Special Use Permit and Site Plan Approval. 10. The label on the above-mentioned Sheet SP-1, referring to the proposed height of the building, shall be changed to "proposed two-story addition." 11. The entire subject building shall be sprinklered in conformance with Chapter 212 of the Rye Brook Village Code entitled Sprinkler Systems. Trustee Santon asked that certain issues regarding this Special Use Permit be clarified ftlr him, i.e., whether the permit runs with the land or the applicant, the professional usage of the building, limiting the occupancy of the single-dwelling, limiting the occupancy of the professional unit to Borrelli and Russo, tax issues, Mr, David Stoltman, Village consultant, Mr, Ken Powell, Village Attorney, Mr. Gianfrancesco, Mayor Filipowski, and Mr. William Gerety, Building Inspector, attempted to assist Trustee Santon in understanding-the application and the Resolution. It was noted that the Resolution was worded the way that it is as a result of the Planning Board review, as well as the review by the Village's Consultants from F.P. Clark & Associates. During this discussion items were reiterated, Le, that the building would be completely sprinklered, that there would be a residential unit included, that Borrelli and Russo would be using the professional space. Trustee Santon persisted, extending the length of discussion on this Resolution, questioning the Planning Board's decisions on topics such as plantings, heights, placement, the need for a stockade fence, the addition being 2 %2 stories, the removal of the garage, and the addition of impervious surface, Mayor Filipowski intervened and noted that the Planning Board has reviewed this application and made its recommendations. He asked that the Board of Trustees support its decisions, 12 Mr. Gerety reminded Trustee Santon that in order to receive a Certificate of Occupancy the building must be inspected and must be in accordance with Village Laws. The sprinkler system is included in the Village Code. Trustee Santon continued his comments addressing the garage and stressing his feelings that this garage should not be removed. Mi. Gerety noted that the applicant did not have a problem with removing the garage. Trustee Santon questioned why a Planning Board member could mare a decision to remove a structure which would be of no benefit, He felt that the Chairman of the Planning Board looked at the garage, noticed chipping paint, and made the decision to have it removed. Mr. Gerety stated that this was a decision made in order to remove some of the impervious surface. Trustee Rand noted that this application was referred to the Planning Board for its review, and the members did an excellent job. As a result of the several of the comments made by members of the Board, and in consideration of terms agreed to by the application, alterations were made to the Resolution in regards to the concept of occupancy, number of employees, and making the Permit specific to an insurance business. As these changes satisfied Trustee Santon's questions, Mayor Filipowski asked for a motion to approve the Resolution, On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Finally, Mayor Filipowski was able to call for the next item on the agenda. 3. ANNUAL MEETING RESOLUTIONS Mr. Bradbury summarized the following Resolution: RESOLUTION ANNUAL MEETINGS 2001 RESOLUTION DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Jody Brackman of 76 Tamarack Road is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two -year term of office; and be it 13 FURTHER RESOLVED, that Dean Santon of 39 Hillandale Road is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that said term of offices are effective at noon on the 1" Monday of April 2001. RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE ASSESSOR RESOLVED, that William Wendlandt, Assessor for the Town of Rye, is hereby appointed as the Assessor for the Village of Rye Brook for the next ensuing official year, RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook, effective immediately. RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED, that Frances Nugent, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED, that Christopher J. Bradbury of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Clerk for the Village of Rye Brook for a two-year term. 14 RESOLUTION RESOLUTION OF RECORDS MANAGEMENT OFFICER RESOLVED, that Christopher J. Bradbury of 3355 Poplar Street, Yorktown, New York is hereby appointed Records Management Officer for the Village of Rye Brook. RESOLUTION APPOINTMENT OF VILLAGE TREASURER RESOLVED, that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York is hereby appointed as Village Treasurer for the Village of Rye Brook for a two (2) year- term. RESOLUTION APPOINTMENT OF THE VILLAGE AUDITOR RESOLVED, that Steve Sinder of 15 Meadowlark Road is hereby appointed as the Village Auditor for the Village of Rye Brook for the next ensuing official year. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 61 Scenic View in Yorktown Heights is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second (2nd) and fourth (4t1i) Tuesday of each and every month are hereby designated as the Meeting night of the Village of Rye Brook Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. 15 RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED,the Mayor, the Village Administrator ,Village Treasurer and the Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BANS) and other obligations of the Village; and be it FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone, online with Basil. of New York Direct 24, Bank of New York Prism Investment Program and PC In Vision at First Union National Bank or by voice or data transmission by any one of the above named signatories or by Catherine M. Spinosa or Diane DiSanto, followed by written confirmation to the bank in accordance with the Village's Investment Policy. RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, Chase Manhattan, First Union National Bank, Hudson Valley Bank and Fleet Bank are hereby designated as depositories for the Village'ofRye Brook, RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPERS RESOLVED, that the Journal News, or the Westmore News or the Sound Shore Review are hereby designated as the official Newspapers of the Village of Rye Brook for the next ensuing official year. RESOLUTION FRIENDS OF RYE BROOK, INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. 16 RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the attached rules of procedure of the Board of Trustees as adopted for the previous Village official year are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April, 2001. RESOLUTION VILLAGE OF RYE BROOD BOARD OF TRUSTEES RULES OF PROCEDURE 1, MEETINGS OF THE BOARD OF TRUSTEES. Meetings of the Board of Trustees of the Village of Rye Brook (hereinafter referred to as Village Board) shall be on the second (2"d) and fourth (0) Tuesday of each month, except if such a Tuesday is a holiday, the meeting shall be held on the next day. Meetings shall be called to order at 7:30 p.m. 2. SPECIAL MEETINGS. Special Meetings may be called by the Mayor and shall be called by him at the request of any two Trustees by their giving the Mayor written notice thereof, which written notice shall contain a statement of the purpose for which the special meeting shall be called, and shall also state the date, time and place for the holding of such meeting. 3. NOTICE OF SPECIAL MEETINGS, The Mayor shall cause written notice of a special meeting to be left at the residence or place of business of each member of the Village Board at least six hours before the time for which such special meeting is called. Such notice shall state the object for which such special meeting is called and shall also state the time and the place of the holding of such meeting. In lieu of the aforesaid method of service of notice of a special meeting, the Mayor may cause written notice of such special meeting to be sent to each member of the Village Board by special delivery mail, directed to the residence or place of business of the member, at least twenty-four hours before the time for which the meeting is called. Notice requirements may be waived by the written acknowledgment of a Trustee that he had actual notice of the Special Meeting. 4. TRANSACTION OF BUSINESS AT SPECIAL MEETINGS. At special meetings the business to be transacted thereat shall be only that stated in the notice of such meeting, except that any other business may be transacted at such special meeting by the unanimous consent of all the members of the Village Board. S. AGENDA: A clerk shall prepare an agenda for each meeting of the Village Board which shall list the matters to be considered by the Village Board at such meeting, and which shall include a reference to all communications and other matters in writing, which have been received by the Clerk, not later than noon of the sixth day preceding the date of the 17 meeting. Said agenda shall list the matters to be considered by the Village Board insofar as is possible in the order set forth in rule 6 (hereof). The Cleric shall arrange for the delivery of a copy of the agenda to each member of the Village Board not later than the morning of the third day preceding the date of the meeting. At any time, after 9 a.m. of the second day preceding the date of each board meeting, the Village Cleric shall during regular office hours furnish to any person appearing personally at the office of the Village Clerk, a copy of the agenda and a copy of any communication or any other written document which accompanies or is part of any item appearing on the agenda. The person appearing and malting such request shall pay to the Cleric the sum of 25¢ for each page or part thereof requested by said person. The Clerk shall not be required to reproduce any documents or pages which are not readily reproduced by the average copying machine. Items not listed on the agenda may be considered by the Village Board as new matters, however, no matter shall be acted upon at a meeting of the Village Board unless listed in the agenda except by unanimous consent of all members of the Village Board present at the meeting, Items may be added to the agenda by any board member delivering a written communication to the Clerk, not later than seventy two (72) hours prior to the meeting. 6. ORDER OF BUSINESS. The order of business at meetings of the Village Board shall be as follows: 1. Roll Call. 1a. Flag Salute. 2. Public Hearings concerning Local Laws. Introduction of the proposed law. Statement by mayor and report of committees. Discussion and action on proposed law. 3. Public Hearings concerning other matters. Introduction of proposed resolution or ordinance. Statement by Mayor and report of committees. Discussion and action on proposals, 4. Old Business. 5. New Business. 6. Action on non-agenda matters, subject to the unanimous consent of the Trustees present at the meeting. 7. SUSPENSION OF REGULAR ORDER OF BUSINESS. The regular order of business at a stated meeting may at any time be suspended by the affirmative vote of two-thirds of the members of the Village Board present at such meeting. 8. ORDER OF BUSINESS AT SPECIAL MEETINGS. The order of business at special meetings of the Village Board shall be as follows: 18 1. Roll call. 1a. Salute to the Flag. 2. Consideration of business specified in the notice of the special meeting. 3. Consideration of other business, if unanimous consent given by all members of the Village Board. 9. EVERY MEMBER PRESENT TO VOTE. Every member of the Village Board present at any meeting thereof, when a vote is taken, shall vote for or against, unless excused from voting by the Village Board. In the event of a roll call vote, silence when a Trustee's name is called shall be deemed an affirmative vote by the Trustee. Roll call vote shall be called in alphabetical order of the last name of the Trustee. The Mayor shall be the last one to cast a vote. 10. WITHDRAWAL OF MEMBER FROM MEETING. No member shall withdraw from a meeting of the Village Board without the permission of the Mayor. 11. ROBERT'S RULES OF ORDER REVISED FOR DELIBERATIVE ASSEMBLIES TO BE USED. All questions of order or procedure of the Village Board not herein provided for shall be decided in accordance with Robert's Rules of Order Revised for Deliberative Assemblies. 12. LOCAL LAWS. In introducing, presenting and transmitting local laws, the following procedure shall be followed: a) Every local law shall be introduced by a member or on the report of a committee b) If a local law purports to change or supersede any provision of an act of the legislature or to amend an existing local law, it shall show all the new matter underscored and all the matter to be eliminated in brackets and when such local law is printed or reprinted all new matter must appear in italics and all matter to be eliminated, in brackets. c) Every local law introduced shall be deposited with the Village Clerk and shall be read in its order of introduction when the order of business "Introduction of local laws" shall be reached, d) The Clerk shall cause every local law immediately upon its introduction to be copied (or printed) and placed on the desks of the members; he (she) shall number them consecutively as received. Such number shall be retained as an introductory number. Each local law shall also have a print (or draft) number, and if the same is printed (or redrafted), the original print (or draft) number shall be retained and there shall be added its new print(or draft)number. 13. COMMENTS BY MEMBERS OF THE PUBLIC. The Mayor shall entertain comments as to the merits of any item on the agenda, from members of the public, such comments to be limited to statements not to exceed three minutes in length. Any statement not germane to the items on the agenda shall be out of order. The Mayor shall have the 19 discretion to withhold recognition of members of the public until the agenda has been completed. Any member of the public may request additional speaking time by writing to the Clerk forty eight (48) hours in advance of the meeting. The granting of such additional time shall be subject to a voice vote of the Village Board. 14. COMMUNICATIONS. No communications to the Village Board shall be read at a meeting unless so directed by the Village Board, which direction may be made by voice vote. The Mayor shall entertain a single motion to file, spread and record separately on the minutes of the meeting, all communications presented to the Village Board, 15. RECORDING OF PROCEEDINGS OF MEETINGS. No person shall record the proceedings of the meetings of the Village Board, or any part thereof, by electronic or any other type of recorder, not with a "steno-type" or similar machine, nor by motion picture, television or any other type of camera or visual record, nor shall any person broadcast or transmit the proceedings, or any part thereof, by radio, television or any other means of broadcasting or transmission, without having previously made application, in writing, to the Village Board at least ten days in advance of the meeting for which permission is requested and without having received written permission therefore. This rule shall not be construed to prohibit the making of notes by any person or persons at such meetings, whether or not such notes shall constitute a complete transcript of the proceedings, nor shall this rule apply to the Village Clerk or to members of the Village Board. 16, EXECUTIVE SESSIONS. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, the Village Board may conduct an executive session for the below enumerated purposes only, provided however, that no action by formal vote shall be taken to appropriate public monies: a) matters which will imperil the public safety if disclosed; b) any matter which may disclose the identity of a law enforcement agent or informer; c) information relating to current or future investigation or prosecution of criminal offense which would imperil effective law enforcement if disclosed; d) discussions regarding proposed,pending or current litigation; e) collective negotiations pursuant to article fourteen of the civil service law; f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; g) the preparation, grading or administration of examinations; h) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, held by such public body, but only when publicity would substantially affect the value thereof, 20 i) review or consideration of communications between the Village Board and its Attorney; j) deliberation or negotiations with respect to labor agreements or related matters; k) consideration of matters which would be likely to affect the reputation of any private person; 1) any other matter which Federal or State law permits to be discussed in executive session. Attendance at an executive session shall be permitted to any member of the public body and any other person authorized by the public body. Nothing herein contained shall be deemed to preclude the Village Board from meeting in executive session to consider any other matter which for reasons of the public interest requires such executive session. 17. The words he, him or his shall be deemed to refer to singular and plural and to persons of any gender. (Originally adopted January, 1983; revised April 14, 1998) On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. APPROVING THE USE OF VILLAGE STREETS FOR THE TOUR DE CURIE Mr. Bradbury read the following Resolution: RESOLUTION APPROVING THE USE OF VILLAGE STREETS FOR THE TOUR DE CURE RESOLVED, that the use of the King Street and Lincoln Avenue for the Tour De Cure race sponsored by the American Diabetes Association on Sunday, June 3, 2001 is hereby approved. 21 Trustee Brackman noted that the Village would be supplying a Police Office and one Auxiliary Police Officer. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. AUTHORIZATION OF FUNDS FOR THE 4 T OF JULY FIREWORKS DISPLAY TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY OBSERVANCE COMMITTEE, INC. Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZATION OF FUNDS FOR THE 4"' of JULY FIREWORKS DISPLAY TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY OBSERVANCE COMMITTEE INC. WHEREAS, the Port Chester- Rye Brook- Town of Rye Independence Day Observance Committee, Inc. will be hosting a 4th of July fireworks display on Wednesday, July 4, 2001, and WHEREAS, the Village of Rye Brook Board of Trustees would like to assist the Port Chester- Rye Brook- Town of Rye Independence Day Observance Committee, Inc. with this event. THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand five hundred dollars to the Port Chester- Rye Brook- Town of Rye Independence Day Observance Committee, Inc, for its 4t11 of July fireworks display. Trustee Degling noted that the last firework display was the Millennium and there were special fireworks. There was an increase in the amount of money given to aid the increased amount. He recommended that this years' donation return to the normal, non- millennium, usage. The Resolution was amended, and the dollar amount revised to the non-millennium usuage. Mayor Filipowski asked for a motion on the Resolution as amended. 22 On a motion made by Trustee Degling, and seconded by Trustee Brackman, the amended Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CREATING A TRAFFIC TASK FORCE Mr. Bradbury read the following Resolution: RESOLUTION CREATING A TRAFFIC TASK FORCE WHEREAS, the Village of Rye Brook has increased its population considerably in the last several years, and WHEREAS, traffic congestion has become a major problem on every main thoroughfare in the Village, and WHEREAS, many residents have been complaining of cars moving too fast on residential streets, and WHEREAS, the residents of the Village of Rye Brook have a difficult time crossing Ridge Street during heavily traveled hours. NOW,"THEREFORE,BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby establishes a "Traffic Task Force" to examine the entire Village with respect to traffic congestion, speed limits, crosswalks, sidewalks, and availability of various forms of transportation, and is hereby charged with reporting back to the Village Board no later than the second Board meeting in September of its findings; and be it FURTHER RESOLVED, that the Traffic Task Force is charged with reporting back to the Village Board on the feasibility and likelihood of success of reducing the speed limit within the Village, on creating pedestrian walkways, bike trails, and creating a Village Shuttle to reduce the number of cars on our roads. Trustee Santon felt that this item should be tabled. It was his opinion that the Traffic Commission should be utilized. He asked that this item be placed on the agenda for the 23 next meeting. Mayor Filipowski noted that he did have a concern with some of the language in the Resolution, Trustee Rand agreed that this item did deserve some discussion. Trustee Brackman asked that this item be placed on the agenda for the next meeting for discussion. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the issue was tabled. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. GAS UTILITY EASEMENT BLIND BROOK-RYE UNION FREE SCHOOL DISTRICT Mr, Bradbury read the following Resolution: RESOLUTION GAS UTILITY EASEMENT BLIND BROOK-RYE UNION FREE SCHOOL DISTRICT WHEREAS, the Village has received a request from the Blind Brook-Rye Union Free School District for an easement under Village property to enable the School District to bring a 4 inch gas line underground approximately 270 feet from the main located at the Atrium building entrance to the School District's property, and WHEREAS, the grant of this easement will not interfere with the present or future use of the Village's property or require the removal of any significant trees, and WHEREAS, the Village has been advised by the School District that the installation of the gas line will take approximately one to two weeks after which the disturbed area will be restored to its previous condition. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to grant the Blind Brook-Rye Union Free School District an easement, approximately 20 foot wide and 270 foot in length, as more specifically described in the easement document, over Village property for the installation of an underground gas line; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. 24 Trustee Degling questioned whether or not the existing gas main stops where the new main will meet it or if it turns and goes in a different direction. It was noted that the main turns and goes into the Atrium Building. Trustee Santon stated that although he was in favor of accommodating the school's' access, he was concerned about the removal of significant trees. He asked how deep the line was set. Mr. Bradbury responded that it would be between 24" and 30" deep, and there would be no significant trees removed, only brush. A representative for the applicant noted that the location of the easement is where there are no large caliber trees that need to be removed. Trustee Brackman noted that the site is almost entirely wild, overgrown brush. Trustee Brackman asked if there would be disruption of traffic. The response was that there would be no disruption of traffic due to the location of the current gas line. It is located on the curbside coming out of Arbor Drive, on the grass area, to the right next to the tennis court side. All work will be done on the grass, in a wooded area, and will take approximately one week. An easement from the Arbors was required. Trustee Santon felt that the drawing that was presented was inaccurate. It was pointed out that the drawing before the Board was incorrect and the representative for the applicant provided the correct drawing, Mr. Harvey Schiller of Meadowlark Road addressed the Board. He noted that he is a member of the Advisory Committee on Environmental Conservation. He asked how wide a path was needed for the equipment, and the length gas line. It was noted that the path will be 20' in width and 270' in length. There being no further comment, Ms. Bent was asked to call the roll: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9. RED ROOF FARM SUBDIVSION, LOTS 14.4 AND 14.5 — CLARIFICATION AND/OR MODIFICATION SUBDIVISION APPROVAL AND PLAT RESTRICTIONS A discussion took place among Board members. It was noted that a number of documents were delivered containing different drafts of the same letter. The Resolution and Modification were changed at approximately 5:30 p.m, on April 10, 2001. Mr. Ken Powell asked if the Board wanted to try and review the changes now, or at an Executive Session. Mayor Filipowski felt that it would be better to review the changes at an Executive Session. He noted that there were many members of the public in attendance who were waiting to discuss the siting of the Firehouse. He felt that the Board 25 should address that issue, then go into Executive Session to discuss the change in the Resolution. The Resolution would then be addressed so that the applicant would not have to wait an additional two weeps. This was acceptable to the representative for the applicant. The attorney for Mr. Matthew Bavoso addressed the Board. He asked that the Board please be sure to add Lot 3 to the application. The attorneys for the applicant and for the owner of Lot 3 decided to have a discussion during the Executive Session, Mayor Filipowski called for the only other item on the agenda under Discussions. 1. UPDATE ON THE RYE BROOK FIRE HOUSE Mayor Filipowski asked Mr. Bradbury to summarize where the Village stands on the documents that have been issued concerning this topic, as well as the purpose of any documents that have been received from the Engineering Consultant, Dolph Rotfeld. Mr. Bradbury noted that this was a very important issue for the community. The Village received a report from its financial advisor regarding debt. It has the Village's Consultant, Frederick P. Clark, looking at various issues. The issues being reviewed include the Environmental Review Process, The Village .also has their Engineering Consultant, Dolph Rotfeld, reviewing sites such as the Hutch site and the site adjacent to the Arbors to see if it is in fact possible to consider placing a firehouse at that location. The Board of Trustees will be interviewed, the Fire Advisory Board, the Arbors Board, both school districts, the Ambulance Corp, the police departments, the Port Chester Fire Department and the Rye Brook Fire Department. The next step will be to finalize the site and design. Trustee Santon stated that an RFP with a return date of April 27, 2001 was issued. He felt that this process in which a site is selected needs to involve the public. Part of the RFP is site specific. In his opinion the Village was spending consulting fees on a specific site before the public was notified that the site was being considered. The decision to go forward and have Dolph Rotfeld move forward was made without the public's consensus. If the Board has decided on a site and no other sites are going to be looked at, then it needs to say that. Last June five sites were under consideration. It was his understanding that none of those sites were discussed other than a brief reference to the Hutch site and the Village Hall complex. He felt that the public has not had an opportunity to discuss all of the potential sites. He stated that the Board should not move ahead and spend $25,000 to $40,000 on consulting fees that is directed in part at a specific site. He wanted the public to have participation. Mr. Bradbury stated that the review is not site specific. Mayor Filipowski noted that discussions on the firehouse site began in 1996. There have been public hearings. The major focus from January of 2000 was to try and ascertain whether the Hutchinson River Parkway site was going to be viable. When Dolph Rotfeld was asked for the engineering, 26 it was found that this site was not viable. There were problems with traffic lights and ingress and egress to the area. Much to the Board of Trustees' dismay, it was not a viable site. The same thing held true for the Sleepy Hollow site. A reverter clause was discovered that was put into place when the County transferred the land to the State and the State took over the Hutchinson River Parkway more than 30 years ago. At this time the consultants are looking at the Village Hall Complex site. Mayor Filipowski turned to the public and asked if anyone wished to comment on this issue. Ms. Silver of fvy Hill addressed the Board. She asked that the Board clarify whether or not they intended to take Arbor Drive, The residents of the Arbors are very confused.. Mayor Filipowski stated that the Village would not be taking Arbor Drive. Future planned use was discussed at a previous meeting and Ms. Silver asked that this statement be clarified. Trustee Degling stated that the comment was made when discussing an easement through Harkness Park, which is Village park property. As the school was requesting an easement to run a gas main across parkland legal research needed to be done as it could have been illegal. Now the Village knows that the use does fit into a legal exception. Ms. Silver felt that the Village was now saying that the only site for the firehouse was at the bottom of Arbor Drive. Most of the residents of the Arbors are against the use of this site for the siting of the firehouse. Ms. Ross of the Arbors addressed the Board. She wanted it made absolutely clear that there would be no use of Arbor Drive for the access for the proposed firehouse. Mayor Filipowski stated that the research has not been completed and, therefore, it remains to be seen if the Village Hall site is feasible. Trustee Rand asked that everyone keep an open mind. For instance, when looking at the Village Hall property, there could be several alternatives that may not have an impact on Arbor Drive, or the Arbors in general. Gary Zuckerman of Hillandale Road addressed the Board. The Mayor had mentioned that earlier Boards had considered a firehouse site since 1996. The area near Sleepy Hollow never involved parkland. That site involved one piece of property adjacent to the site, which the previous Village Administrator had negotiated a purchase price for. This site did require an easement for a portion of the driveway. Mayor Filipowski noted that the parcel of property was found to be insufficient for the siting of the firehouse. Trustee Santon asked to continue his comments on this issue. He expressed concern over the process. He felt that the Facility Committee's process has not been as public as it should have been, He asked that another public session be scheduled. He stated that it was not the Board's place at this time to come to a decision of what sites should or should not be considered. He still could not understand what happened to the five sites that were listed as possible sites. He could not understand what happened to the sites that the Facilities Committee was going to recommend and what they actually recommended. Trustee Brackman noted that the Facilities Committee has worked very hard on this project for many years. Many meetings have been held to discuss the siting of the firehouse. The meeting that Trustee Santon has referred to was a meeting to simply 27 discuss criteria. She noted that she was a member of the Facilities Committee, as was former Trustee Gary Zuckerman. There were 14 sites that were looked at and the top four were ranked from these 14. Mayor Filipowski noted that this issue will be discussed again as the Village tries to sort out where the best site for the firehouse is. As the hour was getting late, and since there would be further discussions on this issue, Mayor Filipowski attempted to ask for a motion for an Executive Session, However, Trustee Santon requested permission once again to continue his comments on this issue. He asked that the Facilities Committee express how the site that it has recommended meets the criteria for the siting of the firchouse. He began to quote newspaper articles and quotes from the Fire Chief Oxer. He admitted that he was not an expert in this area, but stated that he has been listening to the comments of those that are experts. He asked that the Board schedule a session to discuss the site publicly. Mayor Filipowski noted that Trustee Santon's point was heard. Mayor Filipowski noted that the next Board of Trustee Meetings were scheduled for April 24, 2001 and May 8, 2001 Mayor Filipowski asked for a motion to go into an Executive Session. On a motion made by Trustee Rand, and seconded by Trustee Degling, the Board scheduled an Executive Session. Ms. Bent called the roll: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE The Board went into an Executive Session at 11;46 p.m., and returned at 12:44 a.m. Mayor Filipowski noted that the Village's Counsel, and certain residents' counsel, were discussing certain language of the Resolution. The Village, the developer, and the residents were working towards a solution that would be acceptable to everyone. A five- minute adjournment was taken in order to allow counsel to complete their review. The following is the Resolution that was before the Board: DRAFT:Rev 4146101 28 RESOLUTION RED ROOF FARM SUBDIVISION LOTS 14.4 AND 14.5 CLARIFICATION AND/OR MODIFICATION SUBDIVISION APPROVAL AND PLAT RESTRICTIONS WHEREAS, on June 23, 1998 the Board of Trustees of the Village of Rye Brook approved the preliminary subdivision plat for the Red Roof Farm Subdivision, now known as Blind Brook Estates, subject to certain conditions, including,but not limited to, the following: C. No accessory building wall, fence or other permanent structure shall be permitted in the rear yards of Lots 3, 4, and 5 along North Ridge Street or Betsy Brown Road. e. No facade of a principal dwelling on Lots 3, 4 and 5 shall exceed two (2) stories in height; and WHEREAS, on September 3, 1998 the Board of Trustees of the Village of Rye Brook granted final subdivision approval for the Red Roof Farm Subdivision, subject to certain conditions, including,but not limited to, the following: 6. No building permit shall be issued for the construction of a residence on any lot in this subdivision, until the applicant demonstrates that all common driveway easements and restrictive covenants identified in the preliminary subdivision approval resolution have been executed and recorded in the Office of the Westchester County Clerk, contemporaneously with the filing of the plat, satisfactory to the Village Attorney. 8. The applicant shall submit final common driveway easement and restrictive covenants identified in the preliminary subdivision approval resolution which shall be subject to the approval of the Board of Trustees as to substance and subject to approval of the Village Attorney, as to form. The common driveway easement, including vehicle turnaround area, and restrictive covenants shall thereafter be executed by the property owner and recorded in the Office of the County Clerk contemporaneously with the filing of the subdivision plat; and WHEREAS, the Red Roof Farm Subdivision Plat, filed in the Office of the County Clerk as Map No. 26266, included certain notes, including,but not limited to, the following: 3. No accessory building, wall, fence or other permanent structure shall be permitted in the rear yards of Lots 3, 4 or 5 along North Ridge Street or Betsy Brown Road. 29 12. No facade of a principal dwelling on Lots 3, 4 or 5 shall exceed two (2) stories in height; and WHEREAS, a Declaration of Restrictive Covenant dated November 23, 1998 was also recorded, binding on successors and assigns, which provided that certain lots shall be forever, held, leased, transferred, conveyed, mortgaged, encumbered, occupied and possessed, subject to restrictions and covenants set forth above; and WHEREAS, on or about November 9, 2000 the Building Inspector of the Village of Rye Brook issued notices of violation for Lots 14.4 and 14.5 alleging that the construction of a deck structure in the rear yard violated note 3 of the filed subdivision plat, and that the construction of houses violated the height restriction of note 12 of said plat; and WHEREAS, thereafter OLC/RBAG Rye Brook, LLC made a conditional subdivision application to the Board of Trustees for clarification and/or modification of said plat and, in connection therewith, presented a remedial landscape plan dated March 14, 2001 prepared by Charles Turofsky P.C., Landscape Architects, 5 B1y Court, Great Neck, New York 11023, consisting of 2 sheets labeled R-1 and R-2 (hereinafter "remedial landscape plan"); and WHEREAS, OLC/RBAG Rye Brook LLC has also instituted an Article 78 proceeding challenging the notices of violation; and WHEREAS, on February 27, 2001 a presentation was made to the Board of Trustees concerning the remedial landscape plan, during which the attorney for the applicant assured the Board of Trustees that the tops of the Douglas Firs to be planted near the proposed decks would at least reach a height equal to the top of the rail of the proposed decks, and this representation shall be deemed a part of the remedial landscape plan. NOW, THEREFORE, BE IT RESOLVED, that the application for clarification and/or modification of notes 3 and 12 of the Red Roof Farm Subdivision Plat, is approved subject to the following conditions: 1. As soon as practicable and not later than May 30, 2001, OLC/RBAG Rye Brook LLCC ("OW') shall plant and install all of the landscaping as shown on and in accordance with the remedial landscape plan, which plan shall include a separate underground drip irrigation system for each of Lots 14.4 and 14.5, equipped with a timer mechanism and a remote meter located in an accessible location, sufficient to provide the landscaping with a reliable, slow, steady and ample supply of water, all to the satisfaction of the Building Inspector. 2. The $1,750,000 surety bond previously posted by OLC to guarantee the construction of the subdivision improvements shall not be released or its 30 amount reduced until all of the landscaping has been installed as set forth above. This shall not relieve OLC from compliance with other applicable requirements for the release or reduction of the bond. 3. The owners of Lot 14.4 or 14.5 shall not be prohibited from installirig landscaping in addition to that shown on the remedial landscape plan, provided such additional landscaping does not interfere with the purpose of the remedial landscape plan, which is to provide an attractive permanent visual buffer and scenic vista at an important street intersection in the Village. 4. The owner of a Lot 14.4 and 14.5 shall permanently maintain and regularly utilize the underground drip irrigation system in accordance with the recommendations of the landscaper installing and/or maintaining such landscaping under the remedial landscape plan. Landscaping installed under the remedial landscape plan shall not be removed, cut down, or damaged by the owner of the lot on which it is located. The foregoing shall not preclude replacing dead or decayed plants with equivalent like-kind plants, or from removing or cutting down landscaping for important safety reasons, such as the removal of an overhanging or decayed tree limb. The Building Inspector shall be notified prior to the removal of any tree. 5. A certificate of occupancy shall not be issued for Lots 14.4 or 14.5 unless and until OLC shall provide proof, satisfactory to the Building Inspector, of its compliance with the following: a. That OLC has contracted with a reputable landscaper to plant and install all of the landscaping in accordance with the remedial landscape plan. Such contract shall also provide for periodic and as needed maintenance, including fertilizing, pruning and spraying, as well as the replacement of landscaping which has died or substantially deteriorated with equivalent, like-kind plants, for a period of 5 years after installation and planting by the landscaper; and b. That a copy of this resolution shall have been provided to any new owner to whom OLC intends to convey Lots 14.4 and 14.5 in order to make them aware of the requirement to install and maintain landscaping as set forth in the remedial landscape plan, as well as the Lot owner=s other obligations under this resolution; and c. That a clarification and/or modification of the above-identified declaration of restrictive covenant, substantially in the form annexed hereto, shall have been executed, acknowledged, and recorded by OLC; and d. That a scenic casement for Lot 14. 4 and 14.5, substantially in the form annexed hereto, shall have been executed, acknowledged and recorded by OLC or the owners of Lots 14,4 and 14.5, permanently authorizing, but not requiring the Village to enter upon the Lot for the purpose of 31 maintaining the landscaping in accordance with the provisions of the remedial landscape plan. The easement shall not relieve the owner of any obligations under law for property maintenance or from any obligations under this resolution; and e. That OLC has offered in writing to extend landscaping along the perimeter of Lot 14.3's rear yard similar to that shown as the bottom two rows of the remedial landscape plan. If the owner of Lot 14.3 agrees to allow the extension of landscaping as described above, OLC shall promptly install such landscaping at its cost; and f. That all litigation relating to the subjects of this resolution, including the Article 78 proceeding commenced by OLC bearing Index No. 3433/01, shall be discontinued with prejudice without costs, attorney's fees or disbursements to any party, and a release shall be provided to the satisfaction of the Village Attorney. g. The requirements of this Condition are in addition to the requirements of law for the issuance of a certificate of occupancy. 6. Subject to compliance with all of the provisions of Condition 5 above: a. One "step-down" deck structure extending not more than 12 feet from the rear wall of the presently constructed houses, may be constructed on each of Lots 14.4 and 14.5, substantially as shown on the remedial landscape plan, and shall be deemed to be in compliance with the subdivision plat including note 3 and the declaration of restrictive covenant; b. The currently constructed house on Lots 14.4 and 14.5 may remain and shall be deemed to be in compliance with the subdivision plat including note 12 and the declaration of restrictive covenant. 7. The Building Inspector is authorized to withdraw the notices of violation issued with respect to Lots 14.4 and 14.5 relating to house height and backyard decks with prejudice and may issue certificates of occupancy for said lots provided all other requirements for the issuance of such certificate shall have been satisfied. 8. The Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. 9. This resolution shall be binding on OLC and future owners of Lots 14.4 and 14.5. AND IT IS FURTHER RESOLVED, that all applicable provisions, conditions and restrictions of the subdivision plat notes, conditions of subdivision approval and restrictive covenants, shall remain in full force and effect, except as modified or clarified in this resolution. 32 It was noted that several wording changes were made during the Executive Session and as a result of recommendations from counsel. The landscaping for lot 14.3 was to be similar to that shown for lots 14.4 and 14.5. If the owner of lot 14.3 agrees to allow the extension of landscaping, then an easement must be granted. The amendments were read, discussed, and agreed to. A five-year maintenance agreement is in place. The applicant thanked the Village Board for their patience. Once everyone, including the Board, was comfortable with the landscaping plan, Mayor Filipowski asked for a motion on the Resolution. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution as amended was adopted. The roll was called: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE There being no further business before the Board, and in consideration of the hour, the meeting was adjourned at 1:00 a,in. Respectfully submitted, Christopher J. Bra ury Village Clerk 33