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HomeMy WebLinkAbout2003-10-28 - Board of Trustees Meeting Minutes Village of Rye Brook BOARD OF TRUSTEES MEETING Village Hall, 938 King Street Tuesday, October 28, 2003 @ 7:30 p.m. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION New York State Department of Transportation's report on proposed circuit television cameras and wireless telecommunication equipment to be installed on Hutchinson River Parkway. PUBLIC HEARING 1) Considering a Special Use Permit and Site Plan application for a Tier III Home Occupation at 63 South Ridge Street RESOLUTIONS 1) Considering a Special Use Permit and Site Plan application for a Tier III Home Occupation at 63 South Ridge Street 2) Referring a Site Plan and Special Use Permit application for a new maintenance facility at the Blind Brook Country Club, 980 Anderson Hill Road, to Village Staff for review and consultation 3) Referring a Site Plan approval and Special Use Permit application for St. Mary's Cemetery, South Ridge and High Streets, to the Planning Board of the Village of Rye Brook 4) Considering modification to a condition of preliminary and final subdivision approval for the Rosen three-parcel subdivision located at 48 Lincoln Avenue 5) Setting a date for a Public Hearing on a Local Law to amend Chapter 245, Wetlands and Watercourses of the Village Code 6) Referral to Planning Board on a Local Law to amend Chapter 250 of the Village Code to incorporate health, safety and general welfare provisions for pre-existing non-conforming Home Occupations Board of Trustee Meeting October 28,2003 Page 1 of 20 7) Considering approval of collective bargaining agreement with the Professional Firefighters Mutual Aid Association, Local 4041, International Association of Firefighters AFL-CIO, CLC 8) Approval of Meeting Minutes: May 27, 2003 (Regular Meeting) September 23, 200 (Work Session) ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustees Meetings: November 12, 2003 and November 25, 2003 BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Paul Rosenberg Trustee Dean Santon Excused: Trustee Robert Harris STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Victor Carosi, Village Engineer Robert Santora, Chief of Police Fred Siefert, Public Access Coordinator Robert Santoro, Chief of Police Marilyn Timpone Mohamed, Village Planning Consultant Paula Patafio, Meeting Secretary Mayor Filipowski welcomed everyone to the October 28, 2003 Board of Trustee meeting. He noted that the meeting would begin with a presentation from the New York State Department of Transportation. New York State has proposed the installation of closed circuit cameras and telecommunication equipment on the Hutchinson River Parkway. Board of Trustee Meeting October 28,2003 Page 2 of 20 1) NEW YORK STATE DEPARTMENT OF TRANSPORTATION'S REPORT ON PROPOSED CIRCUIT TELEVISION CAMERAS AND WIRELESS TELECOMMUNICATION EQUIPMENT TO BE INSTALLED ON HUTCHINSON RIVER PARKWAY John J. LiMarzi, P.E., Michael Duval, and Giselle Vagnim addressed the Board as the representatives for the New York State Department of Transportation. A slide presentation was made, followed by a question and answer session. It was noted that the presentation was also made on the behalf of the Hudson Valley Transportation Center, which is a facility that is being developed by the Department of Transportation to address traffic congestion. This facility will be located in Hawthorne. The installation of the electronic devices on the roadway will allow the DOT to monitor the road, react to incidents, keep the road clear, and advise the public of traffic problems. The Transportation Center will work with the DOT, the State Police, the Thruway Authority, and Westchester County. This will be a trans-jurisdictional operation. This operation will not worry about who owns the road, but rather will focus on the conditions along the road. There are also participating agencies such as TransCom, and various private partnerships such as the local traffic station. Also involved as a partner is Crown Communication. Crown has a contract with the State of New York and their task is to make sure that there is communication along the high way. 911, the HELP Trucks, and the State's equipment are all powered over a cellular network. There are many benefits from the proposal. If traffic is kept flowing there will be less pollution, less congestion, better fuel consumption, and economic development. This system will integrate the management of all of the roadways, and will serve as a clearing house for all information. The strategy will be surveillance, response, traffic management, and traveler information. The closed circuit cameras will show what is going on at all times. This system will not only focus on traffic, but will monitor accidents and assist in the type of response needed at the time. The heart of this program will be the Transportation Center. Also located in this facility will be the State Police barracks, Westchester County Operation Center, and the Department of Transportation. There has been opposition to the construction of cell towers. In response to this opposition, the cellular companies have come up with the idea of utilizing linear antennas. A normal telephone is 35 feet high, whereas the camera poles will be 40 to 50 feet in height. The extra height increases the distance of sight. The cellular company will be installing the equipment at very little or no cost to the DOT. Board of Trustee Meeting October 28,2003 Page 3 of 20 The antennas are flush mounted on the pole and, perhaps, another two or three carriers could be added on the pole. The poles will blend into the tree lines, and will have a rustic look to them. It was noted that 911 works through any carrier and the DOT has been informed that even if a phone says no service, 911 will still work. As the Board expressed skepticism of this fact, this matter will be more thoroughly reviewed in order to be certain that this is true. Mayor Filipowski called for questions from the Board and members of the public. Trustee Paul Rosenberg questioned who the cellular company that would be working with the DOT would be. Mr. LiMarzi responded that it would be Sprint. Trustee Dean Santon noted that the Village has proposed a cell tower on Village property, and Sprint will not be on the Village tower. He noted that there are different technologies and that all cell companies use different spectrums. He could not understand how different carriers could use the linear antennas. He also noted that coverage from towers that are 150' in height is usually only two to four miles. The Hutch, with all its curves, would be much more limited. In order to show exactly where the poles will be, he asked that the area be marked. Mr. LiMarzi noted that currently there is a stake in the ground at the proposed locations. Mr. LiMarzi stated that there was space on the antennas for one additional carrier, and that technology coming along will allow for two to three carriers to be added to this system. Trustee Rosenberg asked what the timetable was for this project. Mr. LiMarzi noted that they are hoping to move as fast as possible, and they expect to see something in the ground before the end of the year. Trustee Rosenberg questioned what control the Village had over this project. Edward Beane, Esq., Village Counsel, noted that the Village has minimal control over this project. Mr. LiMarzi agreed with Mr. Beane, however, he noted that the State is trying to inform everyone of this program and work with the municipalities. Mr. Christopher Bradbury, Village Administrator, questioned what the cameras would look like. Mr. Duval stated that they are dome sized cameras, the size of a soccer ball. Mr. Bradbury asked whether there would be equipment storage cabinets. Mr. Duval responded that the equipment boxes will be located at the base of the pole. They are traffic signal type cabinets, 2' x 3' in size, and will be hidden. There will also be a main control cabinet for the cellular equipment. The landscaping has not yet been considered, but will be part of this project. Board of Trustee Meeting October 28,2003 Page 4 of 20 Trustee Rosenberg questioned what type of transmission equipment will be on the poles. Mr. LiMarzi stated that there are currently no plans for adding other transmission equipment on these poles, but as technology advances something may come up in the future. Trustee Rosenberg questioned what type of cabling would have to be run. Mr. Duval stated that they will only need to tap into power, and the existing facilities will be utilized. Mayor Filipowski thanked Mr. LiMarzi for the presentation. He hoped that the DOT would keep the Village apprised of this project as it moves forward. Before returning to the agenda, Mayor Filipowski noted that an Executive Session would need to be held at the end of the meeting for litigation, personnel and land acquisition. Mayor Filipowski called for the first item under Public Hearings on the agenda: PUBLIC HEARING 1) CONSIDERING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR A TIER III HOME OCCUPATION AT 63 SOUTH RIDGE STREET Mayor Filipowski declared the Public Hearing open at 8:15 p.m. Mr. Bradbury noted that the applicant has submitted all of the necessary documentation. The Planning Board has reviewed the application and referred this matter back to the Board of Trustees recommending approval. The application before the Board is for a Tier III Home Occupation that requires a Special Use Permit. The owner of the property, Dr. Izzo, a chiropractor, will have an office in the home. The Tier III classification allows for control over the maximum number of employees, and hours of operation, etc. Mayor Filipowski called for comments from the Board, and members of the public. There being none he asked for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the public hearing was closed. Board of Trustee Meeting October 28,2003 Page 5 of 20 TRUSTEE GOODMAN AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE RESOLUTIONS 1) CONSIDERING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR A TIER III HOME OCCUPATION AT 63 SOUTH RIDGE STREET Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION GRANTING SITE PLAN APPROVAL AND A SPECIAL USE PERMIT FOR A TIER III HOME OCCUPATION AT 63 SOUTH RIDGE STREET WHEREAS, Richard Izzo, is the owner of the premises located at 63 South Ridge Street and has made an application to the Village of Rye Brook, pursuant to Section 250-38(D)(3) of the Village Code requesting a special use permit and site plan approval for the operation of a Tier III Home Occupation at the subject property located at Section 1, Block 20, Lot 4B, in the R-2F Zoning District; and WHEREAS, the Village Board of Trustees has reviewed the information submitted by the Applicant in support of the applications including a Short Environmental Assessment Form(EAF) and the following plans: 1. Drawing 1, Parking Plan, revised 7/31/03. 2. Drawing 2, Basement Plan, revised 6/16/03. 3. Drawing 3, Floor Plans, revised 6/16/03. 4. Drawing 4, Landscape Plan, revised 7/31/03. 5. Drawing 5, Drainage and Erosion Control Plan, revised 7/31/03. 6. Drawing 6, ADA Ramp Plan, revised 7/31/03. 7. Drawing 7, Lighting Plan, revised 7/31/03. 8. Drawing 8, Impervious Coverage Plan, revised 10/01/03. Board of Trustee Meeting October 28,2003 Page 6 of 20 WHEREAS, the subject application was referred to the Village Planning Board, the Westchester County Department of Planning, and the Village Planning Consultant for report and recommendation; and WHEREAS, the Village Board has reviewed the report and recommendations submitted by the Planning Consultant; and WHEREAS, the Planning Board discussed the application in an open meeting on September 18, 2003 and by resolution recommended approval of the application with conditions; and WHEREAS, the application has been grandfathered from the provisions of LL 12-2003 amending Chapter 250, Zoning, to limit the amount of impervious surface coverage in residential districts, by LL#14-2003; and WHEREAS, South Ridge Street is a road maintained by the County requiring approval from the Westchester County Department of Public Works for a new curb cut; and WHEREAS, The Village Board has determined that the proposed site plan and home occupation will not result in significant adverse environmental impacts; and WHEREAS, on October 28, 2003 the Village Board held a duly noticed public hearing on the site plan and special permit applications, at which time those persons wishing to be heard were given the opportunity to be heard; and WHEREAS, the Village Board is familiar with the Site and all aspects of the proposed site plan and special permit application for a Tier III Home Occupation and is satisfied that the Site Plan and Tier III Home Occupation will comply with the standards and requirements of the Village of Rye Brook Code; and 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 for environmental review with respect to approval of said Site Plan and Special Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts a Negative Declaration because the action will not result Board of Trustee Meeting October 28,2003 Page 7 of 20 in any significant adverse environmental impacts, thereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that approval of the Special Use Permit be subject to the following conditions: 1. The applicant shall have no more than two (2) employees other than the residents of the property at any given time. 2. The maximum number of visits, other than pickups and deliveries as set forth in § 250-381)(3)(a)(4) of the Zoning Code, by clients, customers, and others coming to do business at the site of the Home Occupation shall be limited to no more than three (3) per hour or no more than three (3) visitors at a time. 3. No more than five (5) pickups or deliveries per week, other than regular mail, commercial mail service, and overnight delivery service, shall be permitted. 4. The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Monday through Friday. 5. The special use permit shall expire one (1) year from the date of issuance but may be renewed annually by making written application to the Building Department, provided that there has not been any violation of the provisions of Chapter 250 of the Village Code and subject to the right of inspection of the premises by the Building Inspector. 6. The applicant shall, at all times, be in compliance with Chapter 250-38 of the Village Code. 7. The home occupation permitted by this special permit shall only apply to the use and person(s) described in the application, Dr. Richard Izzo, in his capacity as Chiropractor, and may not be transferred to a future owner, occupant or tenant of the home. BE IT FURTHER RESOLVED, that approval of the Site Plan Application be subject to the following conditions: I. The modified access plans and application for a new curb cut shall be submitted to the Westchester County Department of Public Works for review and approval. 2. If, because of the approval for modified access and a new curb cut, sought from the Westchester County Department of Public Works, changes are Board of Trustee Meeting October 28,2003 Page 8 of 20 made to the site plan, the application shall be referred back to the Planning Board for review and consultation. 3. The grading and drainage and erosion and sediment control plans should be reviewed by the Village Engineer and amended according to the Village Engineer's comments. 4. If the Applicant chooses to relocate existing woody plant material, post construction inspections by a qualified professional of the Board of Trustee's choice shall be required during the first and second growing seasons after completion of construction to check the health and viability of the plants transplanted. Dead or unhealthy plants shall be immediately replaced by plants of similar size and species and shall be subject to approval by the Village. If the Applicant chooses to change the planting plan to provide for planting new plant material, the revised planting plan shall be reviewed and approved by the Village Engineer before a building permit is issued. 5. The size, design, and location of the proposed sign shall be provided for review and approval by the Building Inspector and in accordance with § 250-35 —Signs, before a building permit is issued. 6. Final construction details and design for the handicapped access ramp shall be provided for review and approval by the Building Inspector before a building permit is issued. 7. All lighting fixtures installed shall limit glare and light spillover to adjacent properties. Wall mounted light fixtures for illumination of the parking area shall be shielded to direct light downward and rail or post- mounted fixtures shall be no more than six feet above grade for path, stair, and ramp illumination. Trustee Santon questioned the conditions placed upon the approval. He asked for clarification that there would be no Saturday office hours. Dr. Izzo stated that there would not. Trustee Santon noted that the Special Use Permit would expire in one year. He questioned what happens at the end of that time period. Mr. Beane explained that the resolution is very clear in stating that it is a one- year permit that will expire unless written application, by Dr. Izzo, for renewal of the permit for an additional year is made prior to the expiration date. In addition, there must be no violations of the Special Use Permit or the conditions in order for the permit to be renewed. Trustee Goodman questioned asked for clarification of the renewal process. Mr. Beane noted that written application must be made before the year has Board of Trustee Meeting October 28,2003 Page 9 of 20 expired. If a new permit has not been applied for before the end of the year then there will be no permit. Mr. Beane noted that the resolution was self- explanatory and clearly explains what will happen if no renewal application is made. In addition, he noted that the renewal request must come from the applicant, Dr. Izzo. The resolution also clearly notes that the Special Use Permit is for a chiropractic office. If the applicant or the use changes, then the permit is no longer valid. Trustee Santon made a motion to amend the resolution to clarify that the use applies to Dr. Richard Izzo, Chiropractor, for a chiropractic office. Trustee Goodman seconded the motion to amend. The resolution was approved as amended. TRUSTEE GOODMAN AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 2) REFERRING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK COUNTRY CLUB, 980 ANDERSON HILL ROAD, TO VILLAGE STAFF FOR REVIEW AND CONSULTATION Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION REFERRING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK COUNTRY CLUB, 980 ANDERSON HILL ROAD, TO VILLAGE STAFF FOR REVIEW AND CONSULTATION WHEREAS, the Blind Brook Country Club has made an application to the Village to remove an existing maintenance building, garage and septic system to construct a new maintenance facility with sprinkler system, new force main sewer and storm water management system to serve the property at 980 Anderson Hill Road, Section 1, Block 4, Lot 1, located in the R-20/Z-1 zoning district. Board of Trustee Meeting October 28,2003 Page 10 of 20 NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Village's Engineering Consultant and Planning Consultant to review the application for completeness; and BE IT FURTHER RESOLVED, that the applicant deposit the sum of $10,000 to be used toward professional fees incurred during review of the subject application. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Gary Gianfrancesco, Architect from the firm of Arconics, addressed the Board. He introduced Mr. Les Kennedy, Jr., Golf Course Superintendent, and Mr. John Myer, Consultant for the Club. This application is for a new maintenance facility at the Blind Brook Country Club. The proposed project seeks to remove the existing maintenance building, and to construct a new state-of-the-art facility. This facility will be 9,775 square feet. The existing site totals approximately 156 acres. The use at this location was established in 1917. Everything will be housed in this new structure, which will be located outside of the 100' wetland setback. The noteworthy features of this project is the removal of the existing septic system, which is now located within the 100' setback. Also to be removed is the 100 gallon oil, gas, and diesel tanks. A storm water management plan is proposed, which includes detention basins, a wastewater recycling system, above ground fuel vaults, and everything is OSHA/DEC approved. The building will be fully sprinklered. The access will remain as currently exists, however, a more confined roadway will be created. A formal parking area will also be created to serve the maintenance area. The facility is 9,775 square feet, and 4,950 square feet is storage area. There is a mechanics shop that will be utilized by employees of Blind Brook. There will also be a small meeting room, a Superintendent's Office, an office for the Assistant Superintendent, and locker rooms. The restrooms will be Handicapped accessible. This is a pre-existing maintenance facility that is a residential type of structure. Storm water management does not currently exist at this time. The storm water management system designed for the new site will handle a 25 year storm. It will gather the water from the new building, parking area and roadway and direct it to the two storm drains and two detention basins. Two wetland areas will also be created. Planting and plant life are being put in where none currently exists. Board of Trustee Meeting October 28,2003 Page 11 of 20 This proposed project will address the new federal rules and regulations regarding the handling of storm water. It is important to note that the Blind Brook Country Club is very cognizant of the environmental concerns. Trustee Santon questioned whether the current septic area would be actually removed or simply abandoned. Mr. Gianfrancesco noted that they are conferring with the Board of Health of and will take direction from them. At this time, conceptionally, the plan is to remove the septic area. This is a one-story building located in an R-20 Zoning District. A golf course is a permitted use in an R-20 Zoning, provided it is granted a Special Use Permit. Trustee Santon felt that this matter should be referred to the Planning Board, the Environmental Council and, the Village's Engineering Consultant. Mr. Bradbury noted that there was a lot going at this site. A decision will need to be made regarding SEQRA. Therefore, this matter has been referred to the Village's Consultants. Ultimately there will be other referrals, however, this applicant is not at the point yet. Ms. Timpone Mohamed, Village Consultant from the firm of F.P. Clark Associates, was asked for an overview of this project. She reiterated that there is a lot going on. There is a lot of information missing from this application. Prior to the Planning Board's review this information must be supplied. There are different types of action under SEQRA, and before a determination can be made, more information must be supplied. There is a concern about removal of existing fuel tanks that are underground. Trustee Rosenberg questioned when the residents of the area, including Doral Greens, will be noticed. Mr. Beane noted that they will be noticed when this matter goes before the Planning Board. Mayor Filipowski noted that this application will be before the Board of Trustees many times. There will be time for additional input and review as the information becomes available. He asked Ms. DiSalvo to call the roll. TRUSTEE GOODMAN AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE Board of Trustee Meeting October 28,2003 Page 12 of 20 3) REFERRING A SITE PLAN APPROVAL AND SPECIAL USE PERMIT APPLICATION FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION REFERRING A SITE PLAN APPROVAL APPLICATION FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Church of Our Lady of Mercy is the owner of a property located at South Ridge and High Streets and has made an application to the Village of Rye Brook, pursuant to Section 209-1 of the Village Code, requesting approval of a Site Plan for construction of an addition to the mausoleum at the subject property located in Section 1, Block 28, Lot 1 in the R2-F Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself Lead Agency for the review of the subject application in accordance with the State Environmental Quality Review Act (SEQRA) and determines that the project is an Unlisted Action; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook refers the subject application to the Village Planning Board and the Village Planning Consultant, the Westchester County Department of Planning, the Town/Village of Harrison, the Village of Port Chester, the City of Rye, and the New York State Thruway Authority for reports and recommendations; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification including posting signage immediately adjacent to the South Ridge Street Curb cut opposite (across South Ridge Street) Wyman Street and the Route 287 corridor; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to deposit the sum of $10,000.00 with the Village to be used toward professional fees incurred during the review of this application. Mr. Bradbury noted that this is a considerable expansion of the mausoleum. Board of Trustee Meeting October 28,2003 Page 13 of 20 Trustee Santon suggested that all references to an application for a Special Use Permit be deleted from the proposed resolution, since a Cemetary or Mausoleum are not permitted uses under the Village Zoning Code. Trustee Santon questioned the basis for Site Plan review. Mr. Beane stated that whether or not a zoning variance is needed, this application must be thoroughly reviewed. At this time there is nothing in the Village Code that talks about cemeteries and mausoleums. During the Planning Board process the Village will determine whether or not a variance is required. Trustee Santon felt that the notification sign should be placed on the project's frontage on South Ridge Street opposite Wyman Street, in plain site of everyone in Rye Brook. Trustee Santon made a motion to modify the resolution regarding signage/notification. This motion was seconded by Trustee Goodman. The resolution was adopted as amended. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4) CONSIDERING MODIFICATION TO A CONDITION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE ROSEN THREE-PARCEL SUBDIVISION LOCATED AT 48 LINCOLN AVENUE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was approved. Board of Trustee Meeting October 28,2003 Page 14 of 20 RESOLUTION ROSEN 3-PARCEL SUBDIVISION 48 LINCOLN AVENUE MODIFYING A CONDITION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL WHEREAS, Chris Scelfo, on behalf of 48 Lincoln Avenue Associates, made an application to the Village of Rye Brook requesting Preliminary and Final Subdivision Approval, to subdivide that portion of the existing ±4.126-acre parcel of land located in the Village of Rye Brook into the following three (3) Parcels: Parcel A +25,235 square feet, Parcel B ±23,840 square feet, and Parcel C ±150,790 square feet, of which ± 131,406 square feet is located within the Town/Village of Harrison and ± 19,384 square feet of which is located within the Village of Rye Brook. The existing residence is located on that portion of Parcel C within the Town/Village of Harrison; and WHEREAS, the Board of Trustees granted preliminary and final subdivision approval on May 14, 2002 and one of the conditions of approval was as follows: The Applicant shall provide to the Village a landscape maintenance bond in an amount to be determined by the Village Engineer and issued by a surety and in a form satisfactory to the Village Attorney. The bond shall have a term of five (5) years and shall guarantee installation and maintenance thereof of all plantings in the Blind Brook and Lincoln Avenue Frontage Buffer Areas, to be thereafter maintained and replaced as necessary by the property owner. If the securing of such of bond is not feasible, the Applicant shall have the right to apply to the Village Board for a modification of this requirement; and WHEREAS, the applicant has advised that after due diligence, it is unable to obtain the maintenance bond and is not able to comply with this condition. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby amends condition number 13 of the May 14, 2002 subdivision approval resolution to delete the requirement that the applicant provide a landscape maintenance bond. In its place, the applicant shall deposit the sum of$3,000 with the Village to be held by the Village in an interest bearing account. Should it be necessary to utilize these funds for said replanting, and should the funds be exhausted due to re-planting needs, the amount shall be replenished by 48 Lincoln Avenue Associates, LLC and/or its principal, Christopher Scelfo, who has consented to being personally responsible with respect to this condition, within thirty (30) days of its being requested by the Village. At the expiration of five (5) years from adoption of this Resolution, the Board of Trustee Meeting October 28,2003 Page 15 of 20 Village shall return any remaining funds and accrued interest to 48 Lincoln Avenue Associates, LLC.; and BE IT FURTHER RESOLVED, that all other conditions of the Board's May 14, 2002 resolution of approval remain unmodified. Trustee Santon asked for clarification of planting on this property. Mr. Victor Carosi, Village Engineer, noted that the rear planting buffer along the Blind Brook has been planted. Mr. Bradbury noted that he has also had conversations with Mr. Scelfo regarding plantings. A sum of $3,000.00 has been placed in escrow for maintenance of the plantings. Mr. Beane noted that there is no risk to the Village. These funds can be spent by the Village for maintenance of the plantings and it must be replenished by the applicant. There is no reason to not believe that the plantings will not be done. Mr. Carosi noted that, to-date, no final Certificate of Occupancy has been granted. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 245, WETLANDS AND WATERCOURSES OF THE VILLAGE CODE Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 245,WETLANDS AND WATERCOURSES OF THE VILLAGE CODE RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on November 12, 2003 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook,New York, to consider a local law to amend Chapter 245, Wetlands and Watercourses, of the Village Code, regarding definitions, regulated activities, procedures, fees, minimizing adverse impacts, mitigation, monitoring Board of Trustee Meeting October 28,2003 Page 16 of 20 and enforcement for regulation of wetlands, watercourses and wetland/watercourse buffers in the village. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6) REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE TO INCORPORATE HEALTH, SAFETY AND GENERAL WELFARE PROVISIONS FOR PRE-EXISTING NON-CONFORMING HOME OCCUPATIONS Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION INTRODUCTION AND REFERRAL OF A LOCAL LAW AMENDING CERTAIN PROVISIONS OF THE HOME OCCUPATION LAW TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees of the Village of Rye brook has introduced a local law to amend certain provisions of Chapter 250 of the Code of the Village of Rye Brook concerning home occupations. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook refers the subject application to the Village Planning Board and the Westchester County Department of Planning for reports and recommendations. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting October 28,2003 Page 17 of 20 7) CONSIDERING APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Village of Rye Brook Professional Firefighters Mutual Aid Association, Local 4041, International Association of Firefighters, AFL-CIO, CLC in accordance with the stipulation of agreement dated October 24, 2003 for the term of June 1, 2003 to May 31, 2006; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary to accomplish the purposes of this resolution. Mr. Bradbury noted that this is a mutually beneficial contract for the Village and the Fire Fighters. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 8) APPROVAL OF MEETING MINUTES: May 27, 2003 (Regular Meeting) September 23, 200 (Work Session) Trustee Santon asked that this matter be tabled to the next meeting to allow for time to review the summaries. The Board agreed and this matter was tabled. Board of Trustee Meeting October 28,2003 Page 18 of 20 ADMINISTRATOR'S REPORT Mr. Bradbury noted that the new contractor now picks up the green waste for the Village. He asked that all residents review the rules for pick up and abide by them. The pick up scheduled is listed on the Village's website. A new sanitation calendar will be sent out in December for the 2004 calendar year. Mr. Bradbury reviewed the recent grants received by the Village, including one that was previously in jeopardy of being lost. He reminded everyone that winter parking restrictions take effect on November 15. The final note was that the Public Works Department has been out and are in the process of planting approximately 33 street trees. Mayor Filipowski reminded everyone that the Police Department is issuing free guns locks to residents. Mayor Filipowski called for anyone wishing to address the Board. There being no one, he noted that the first meeting in November was moved from Tuesday, November 11th to Wednesday, November 12th because of the Holiday. Mayor Filipowski called for a motion for an Executive Session. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the Executive Session was scheduled for immediately following the meeting. TRUSTEE GOODMAN AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE The Board entered into an Executive Session at 9:30 p.m. The meeting was reconvened at 9:40 p.m. and Mr. Bradbury read the resolution. On a motion made by Trustee Goodman and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION AUTHORIZING THE COMMENCEMENT OF LITIGATION AGAINST CRAIG A. MAGRONE, LAURA MAGRONE AND ANTHONY MAGRONE Board of Trustee Meeting October 28,2003 Page 19 of 20 WHEREAS, Craig A. Magrone, Laura Magrone and Anthony Magrone are in violation of Chapter 6 of the Code of the Village of Rye Brook entitled "Affordable Middle Income Development Program at Bellefair" and the Declaration of Restrictive Covenant filed on July 18, 2001 with the Westchester County Clerk, Bureau of Land Records for failure to keep the affordable middle- income unit conveyed to Craig A. Magrone "owner-occupied" as required by such Code and Restrictive Covenant, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby authorizes Keane & Beane, P.C., as Village Attorney, to commence an action against Craig A. Magrone, Laura Magrone and Anthony Magrone seeking declaratory and injunctive relief to enforce the Village of Rye Brook Code and Declaration of Restrictive Covenant in connection with the requirement that a middle income unit in the subdivision known as Bellefair, located in the Village of Rye Brook, be owner occupied. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE There being no further business before the Board, the meeting was adjourned at 10:00 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting October 28,2003 Page 20 of 20