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HomeMy WebLinkAbout2003-02-11 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 11, 2003 —7:30 P.M. AGENDA PUBLIC HEARINGS: 1. Considering Con Edison's application for site plan approval to install an underground gas regulator station located in the public right-of-way on Lincoln Avenue and Sunset Road. 2. Considering amending Chapter 91 of the Village Code with regard to effective dates for the New York State Uniform and Fire Building Code. RESOLUTIONS: 1. Considering Con Edison's application for site plan approval to install an underground gas regulator station located in the public right-of-way on Lincoln Avenue and Sunset Road. 2. Considering amending Chapter 91 of the Village Code with regard to effective dates for the New York State Uniform and Fire Building Code. 3. Referral to Planning Board on a Local Law to amend Section 250-2, definitions, and Section 250-37, Lot Area Coverage, of the Village Code. 4. Approving the Collective Bargaining Agreement with the Rye Brook Highway Department and Parks Personnel, Local 456, International Brotherhood of Teamsters. 5. Approval of Meeting Minutes: December 10, 2002 January 14, 2003 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. Discussion on the Eastern White Pine as a protected tree under the Village Code. Board of Trustees February 11,2003 Page 1 of 14 2. Discussion on modifications to Chapter 235 (Trees) of the Village Code and proposed training/professional guidance/criteria for members of the Tree and Beautification Committee. 3. Discussion on the status of dedication of Village property next to Bellefair as "Parkland." 4. Discussion on King Street recreation project(s). DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustee meetings: February 25, 2003 and March 11, 2003 CONVENE Mayor Filipowski called the meeting to order at 7:35 p.m. by asking everyone to join him in the Pledge of Allegiance. BOARD Trustee Donald Degling Trustee Carol Goodman Trustee Robert Harris Trustee Dean Santon Mayor Francis Filipowski STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Attorney Victor Carosi, Village Engineer Robert Santoro, Police Chief Fred Seifert, Public Access Coordinator David Stolman, Village Planning Consultant Paula Patafio, Meeting Secretary Mayor Filipowski presented a Certificate of Appreciation to Paul Vinci for ten years of dedicated service to the Village of Rye Brook. Mr. Vinci, who works in the Highway Department, thanked the Board of Trustees and Mayor for the recognition. Mayor Filipowski addressed an incident in Rye Brook. He noted that there had been an arrest for under age drinking during a party at a home in Rye Brook. In a situation such as this it is the parents that must take charge as they will be held accountable. Young people must realize that this is a very, very serious situation. Rye Brook is working Board of Trustees February 11,2003 Page 2 of 14 under a zero tolerance policy and criminal charges in cases such as this will be filed. We must all look out for the well being of our children. Mayor Filipowski called for the first item on the agenda: PUBLIC HEARINGS 1. Considering Con Edison's application for site plan approval to install an underground gas regulator station located in the public right-of-way on Lincoln Avenue and Sunset Road. Mr. Bradbury, Village Administrator, noted that the applicant has applied for a waiver to the Village's Moratorium that is currently in effect. The Board has allowed the application to move forward. Mayor Filipowski declared the public hearing open. Mr. Arthur Ng, Project Engineer for Con Edison, addressed the Board. He noted that the application before the Board was for a regulator station to be located in the public right-of-way on Lincoln Avenue and Sunset Road. As the Board was familiar with the project, he offered to respond to any questions from the Board or members of the public. Trustee Degling questioned the buffering ability of the proposed Eastern Red Cedar. Although not a tree expert, he felt that this type of tree would not offer the type of screening that was intended. Mr. Ng noted that screening was a topic of discussion with the Planning Board. He assured the Board that Con Edison was willing to work with the Village in choosing and installing the landscaping. Mr. Ken Heller of Lincoln Avenue, a member of the Tree Committee, addressed the Board. He suggested that Con Edison plant shrubbery that will only grow to be 4' to 5' in height. He advised against the planting of the Eastern Red Cedar for various reasons. Mr. Heller was thanked for his input. Mayor Filipowski asked for a motion to close the public hearing. On a motion made by Trustee Harris, and seconded by Trustee Santon, the public hearing was closed. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees February 11,2003 Page 3 of 14 Mayor Filipowski asked that the next item be taken out of order, and called for the first item under resolutions: 1. Considering Con Edison's application for site plan approval to install an underground gas regulator station located in the public right-of-way on Lincoln Avenue and Sunset Road. Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION CONSIDERING CON EDISON'S APPLICATION FOR SITE PLAN APPROVAL FOR THE INSTALLATION OF AN UNDERGROUND GAS REGULATOR STATION WHEREAS, the Village has received an application from Con Edison (the "Applicant") for Site Plan approval for the installation of an underground gas regulator station and landscaping at the site; and WHEREAS, the subject site is ±500 square feet in size (project area is located within the public right-of-way), is located on the west side of Lincoln Avenue approximately 50 feet south of the intersection of Lincoln Avenue and Sunset Road, within the R-12 Residential Zoning District, in the Village of Rye Brook; and WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that prohibits the Village from considering an application for properties located on Lincoln Avenue unless a variance from the moratorium is obtained in accordance with Section 10 of the Law; and WHEREAS, the Village Board of Trustees has reviewed the information submitted by the applicant in connection with the application, including a Short Environmental Assessment Form (EAF), and the following plans: 1. "Landscaping Plan,"prepared by Con Edison; 2. "Installation of 2 Stage Reg.," last dated 6/12/02, prepared by Con Edison; and WHEREAS, the proposed development will not result in any significant environmental impacts since only a small portion of the proposed facility (a four square-foot test gauge which will be located approximately five feet above grade) will be located above grade and will be screened with five evergreen trees, and other impacts will be adequately mitigated through the implementation of erosion and sediment controls; and Board of Trustees February 11,2003 Page 4 of 14 WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on October 8, 2002 and the Village Planning Board recommended granting the variance, by resolution dated October 10, 2002 and also recommended approval of the application; and WHEREAS, the Planning Board of the Village of Rye Brook makes the following recommendations concerning the site plan: 1. That the applicant investigate the possibility of installing the gauge boxes as low to the ground as possible. 2. That the landscaping proposed to buffer the gauge box be revised to include more appropriate plant material than trees, which may obstruct sight distance at mature height; and WHEREAS, on January 28, 2003, the Village Board of Trustees granted the requested variance from the moratorium because the property does not contain environmentally sensitive lands and will not have any significant aesthetic impacts on the area; and WHEREAS, a duly advertised public hearing on the application was held on February 11, 2003 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; 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 site plan approval standards and requirement of the Village of Rye Brook Code, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein; and BE IT FURTHER 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 since the project will result in only minor physical changes to the site and visual impacts will be minimal; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the requested site plan approval for the installation of gauge boxes for an underground gas regulator and landscaping at the site, subject to approval by the Village's Planning Consultant, F.P. Clark Associates, Inc. Board of Trustees February 11,2003 Page 5 of 14 There being no comments, Ms. DiSalvo called the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the second public hearing on the agenda. 2. Considering amending Chapter 91 of the Village Code with regard to effective dates for the New York State Uniform and Fire Building Code. Mayor Filipowski declared the public hearing open. He called for comments and questions. As there were none, he asked for a motion to close the public hearing. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the public hearing was closed. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the resolution portion of the agenda. RESOLUTIONS 2. Considering amending Chapter 91 of the Village Code with regard to effective dates for the New York State Uniform and Fire Building Code. Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 91 OF THE VILLAGE CODE WITH REGARD TO EFFECTIVE DATES FOR THE NEW YORK STATE UNIFORM FIRE AND BUILDING CODE Board of Trustees February 11,2003 Page 6 of 14 WHEREAS, on March 6, 2002,the New York State Fire Prevention and Building Code Council formally adopted new provisions for the New York State Uniform Fire Prevention and Building Code (the "Uniform Code"); and WHEREAS, Sections 91-3 and 91-5 of the Village Code need to be amended to eliminate the specific reference to January 1, 1984 as the effective date of the Uniform Code, and WHEREAS, a local law was proposed to eliminate the effective date of the Uniform Code, and WHEREAS, a duly noticed public hearing was held on February 11, 2003, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law were given the opportunity to be heard and the hearing was closed on February 11, 2003; WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed local law to amend Sections 91-3 and 91-5 of the Code of the Village of Rye Brook to eliminate the specific reference to January 1, 1984 as the effective date of the Uniform Code, which amendments are enacted into law as Local Law 9 3-2003. There was no discussion on this resolution. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 43 of the agenda: 3. Referral to Planning Board on a Local Law to amend Section 250-2, definitions, and Section 250-37, Lot Area Coverage, of the Village Code. Board of Trustees February 11,2003 Page 7 of 14 Mr. Bradbury read the resolution. On a motion made by Trustee Goodman and seconded by Trustee Degling the following resolution was adopted: RESOLUTION REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND SECTION 250-2,DEFINITIONS,AND SECTION 250-37, LOT AREA COVERAGE, OF THE VILLAGE CODE WHEREAS, the Board of Trustees is considering a local law to amend Section 250-2, Definitions, and Section 250-37, Lot Area Coverage, of the Code of the Village of Rye Brook with regard to definitions and maximum permitted impervious surfaces; and WHEREAS, the proposed text amendments are attached to this resolution. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed text amendments, as attached hereto, to the Planning Board for review and comment. Mr. Stolman gave the Board an overview of the suggested changes. He noted that a memorandum has been submitted to the Board reviewing each change. He read the definition of impervious surfaces, and noted that this section of the Code has been proposed to be changed as no information is currently available regarding how much of a lot can be covered by impervious surfaces. Impervious surface coverage limitations are being set for lots of various sizes, in different districts. Examples of how this new local law will work have been submitted to the Village. Mayor Filipowski asked if this recommendation will eliminate the potential for individuals asphalting an entire area of their front lawn. Mr. Stolman noted that these amendments do not, however, he is currently working on bulk regulations that deal with floor area ratio. The resolution before the Board this evening talks about the lot in general and not the front yard. Trustee Degling questioned whether or not swimming pools are considered as part of impervious surfaces. He felt that a good-sized swimming pool might exceed the amount of impervious surface allowed under this code. He asked how this would fit into this definition. Mr. Stolman responded that water does not absorb into the ground when there is a swimming pool and, therefore, it would be considered an impervious surface. When a swimming pool is installed, the water that would be absorbed into the ground will no longer be absorbed into the Board of Trustees February 11,2003 Page 8 of 14 ground. In addition, when pools are covered they are not catching any rainwater and during rainstorms pools can overflow adding to the runoff. Mr. Heller disagreed. He felt that pools should not be included when calculating impervious surface on a lot. Pools enhance the quality of life of the residents. Trustee Goodman questioned whether or not the definition would be retroactive, or if properties would be grandfathered. Mr. Stolman noted that it was not retroactive and people would not be asked to rip up paved areas. However, if someone made an application to pave more of his or her lot, everything on that lot would be counted. At that time it could turn out that there would be too much impervious surface and they would not be able to pave additional areas without a variance. Trustee Santon questioned if someone removed a shed and replaced it, or if a patio was existing and demolished and replaced, how these amendments would effect the application. He felt that it should not be considered as additional impervious surface because they were not adding any square footage. Mr. Bradbury noted that when the permit was made it would trigger a review. Ms. Di Salvo called the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. Approving the Collective Bargaining Agreement with the Rye Brook Highway Department and Parks Personnel, Local 456, International Brotherhood of Teamsters. Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK HIGHWAY DEPARTMENT AND PARKS PERSONNEL, LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS Board of Trustees February 11,2003 Page 9 of 14 RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Rye Brook Highway Department and Parks Personnel, Local 456, International Brotherhood of Teamsters for the period of June 1, 2001 to May 31, 2004, on the terms and conditions set forth in the Stipulation of Agreement dated January 24, 2003, which is hereby ratified on behalf of the Village of Rye Brook; and it is FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury reviewed the agreement for the Board. He noted that this agreement incorporates a 3.5% increase for three years, as well as highway personnel. It also changes the work schedule of parks personnel, taking them from a 35-hour workweek to a 40-hour week. This contract was a long time coming and, in Mr. Bradbury's opinion, is a very fair contract. He recommended approval. Trustee Santon requested an update on staffing and vacancies. Mr. Bradbury noted through promotions and seasonal employees the vacancies will be filled. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. Approval of Meeting Minutes: December 10, 2002 January 14, 2003 Trustee Degling noted that he presented his comments and corrections prior to the meeting. Trustee Santon noted that he did not receive the minutes for January 140' and asked that they be adjourned to the next meeting. On a motion made by Trustee Degling, and seconded by Trustee Harris, the December 10, 2002 minutes were accepted as amended. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees February 11,2003 Page 10 of 14 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. Discussion on the Eastern White Pine as a protected tree under the Village Code. 2. Discussion on modifications to Chapter 235 (Trees) of the Village Code and proposed training professional guidance/criteria for members of the Tree and Beautification Committee. Trustee Goodman noted that she requested that the first item be placed on the agenda for discussion. She noted that she was sent a memorandum by a member of the Village's Tree Committee in which it was noted that the Eastern White Pine was not protected under the Village Code. She suggested that the Village's Code be amended to include these trees. Trustee Santon noted that the newly formed Tree and Beautification Committee would be reviewing this matter. Rye Brook is a Tree City and must follow certain criteria, i.e., holding an Arbor Day Ceremony, hold education programs, and have certain practices. Trustee Santon asked that the Tree and Beautification Committee also factor in the beautification of the Village. They will need professionals available to them on an as-needed basis and suggested professional guidance. He felt that it was time that the Village was brought into the new millennium by updating the 20-year-old Code that was adopted from the Town of Rye. Trustee Goodman felt that the list of protected trees should be reviewed. Trustee Harris agreed but noted that there must have been a philosophy and specific reasons behind the selection of trees that were placed on the protected list. Mr. Heller of Lincoln Avenue noted that there are not very many different species of trees in Rye Brook. Applications to cut down White Pines are pouring in. They need to be protected by the Village or Rye Brook will become a treeless community. Mr. Bradbury agreed that this matter should be reviewed. He stated that this ordinance does need to be revamped and suggested that the Board meet with the Tree Committee to set priorities. Mr. Bradbury was directed to coordinate a joint meeting. Board of Trustees February 11,2003 Page 11 of 14 3. Discussion on the status of dedication of Village property next to Bellefair as "Parkland." Mayor Filipowski noted that Trustee Santon placed this item on the agenda for discussion. Trustee Santon noted that eight months have passed since this matter was directed to the Village's Counsel for review. He felt that the Village should act on this matter, as the dedication of the three acres at the end of the runway would deter the County from expanding the airport. Mayor Filipowski stated that this matter has been referred to the Airport Committee for review. Mr. Beane gave a brief overview of this issue. He noted that the deed for the two acres that the Village owned prior to the Bellefair acquisition needed to be amended. Another acre of land was donated from Bellefair. The fourth acre should also be considered. Trustee Santon could not understand how dedicating this land could be a problem. Mr. Beane responded that once dedicated this land cannot be easily undedicated. Amending the deed for the one acre, splitting it from the rest of the 26 acres, will be a little difficult. Mayor Filipowski suggested that this matter be discussed at the upcoming Executive Session. Trustee Degling noted that the fourth acre is the one furthest from Lincoln Avenue. He asked that the type of use for this land be discussed, technically. This particular acre should be dedicated as parkland to prevent expansion of the runway at the Westchester County Airport. Mr. Beane suggested working with a consultant with regard to dedicating the land in order to stop airport expansion. Mr. Beane noted that in 1996 the Village's goal was to create a buffer of at least three acres. The deeds talked about passive recreation. The fourth acre cannot be added to the ball field because it would not be considered as passive recreation as a ball field is active recreation. Trustee Goodman noted that there is no question of the ownership or dedication of the three acres. The fourth acre is also owned by the Village, which the County cannot take over for runway expansion. She felt that a decision should be made in the next month or so. Mr. Beane agreed with the Mayor in that this matter required further discussion. He noted that there was an Executive Session scheduled for February 18th and this matter could be added to the agenda. Board of Trustees February 11,2003 Page 12 of 14 4. Discussion on King Street recreation project(s). Trustee Santon noted that this issue has been before the Village eight months to the day. He repeated his concerns from previous meetings, and pointed out that it was the Recreation Council that requested that a proposal be considered for the Harkness Park. It was his personal opinion that there was insufficient room for this type of project at Harkness Park and that the Village should build what it can afford to build, where a field will fit. It was also his opinion that the former compost site, as originally considered, should be used for a soccer field. Trustee Santon also noted that the Blind Brook School District is working aggressively to improve their fields at the High School and at Ridge Street School. He felt that the original direction of this project has been deviated from. The Village should do what they can, where they have control, and get moving on this project. Trustee Harris noted that he was at the Blind Brook School District meeting with Trustee Santon. He questioned whether or not the School District would be able to install a football field on school property. Trustee Santon clarified that it was his understanding the intent was to enlarge the existing field. The Blind Brook School District did not ask the Village to build them a football field for a program that they just started last year. There is now a lot of focus on the need for soccer fields within the community. Mr. Heller of Lincoln Avenue noted that the proposal for the Crawford property involves removing trees, leveling the property and encroachment into the wetlands. He suggested adding Elm Hill to Crawford Park and creating a full-sized soccer field. This would preserve the ambiance of the Crawford property. He asked that the Village work with the Town, especially considering the fact that the Town would be picking up the expense. This could be a win/win situation for everyone. Trustee Goodman noted that meetings have been held, there are consultants and architects working on this project. The advisory opinion of the Recreation Committee was forthcoming, and no members were in attendance to share their insight into this matter. As so much work has already been completed she suggested placing this on the agenda for a future meeting. Trustee Harris noted that no one has been sitting around and doing nothing for the past eight months. There have been many suggestions put forth. He noted that a football field will not fit in Elm Hill Park. The Town is working with the Friends of Crawford Park and several different plans have been reviewed, i.e.: putting a field near Lincoln Avenue. The property would have to be graded, but that is not a very complicated matter. He pointed out that contrary Board of Trustees February 11,2003 Page 13 of 14 to belief, the top of Crawford Park is wetter than the lower portion. Everyone needs to work together. Mayor Filipowski noted that the Recreation Council will be forwarding a resolution to the Board. He asked that they be given the courtesy of submitting this resolution, and requested a motion to place this on the agenda for February 25, 2003 Board of Trustee meeting. Trustee Santon made the motion, however there was no second to his motion. Mr. Bradbury reviewed the agenda for the February 25, 2003 meeting. Trustee Degling noted there were several productive discussions regarding definitions of lot area coverage and other matters. He asked that the minutes relating to these discussions be presented to the Planning Board, the Recreation Council and Environmental Committee so that they are aware of these discussions. There being no further business before the Board, the meeting was adjourned at 9:20 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees February 11,2003 Page 14 of 14