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HomeMy WebLinkAbout2003-06-24 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING Village of Rye Brook BOARD OF TRUSTEES MEETING Village Hall, 938 King Street Tuesday,June 24, 2003 @ 7:30 p.m. AGENDA 7:15 p.m.: Executive Session—Litigation PUBLIC HEARINGS 1) CONTINUATION OF A PUBLIC HEARING IN CONSIDERING NON- CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW 2) CONSIDERING A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET 3) CONSIDERING AMENDING THE EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW 4) CONSIDERING THE PROPOSED SALE OF VILLAGE OWNED MAGNOLIA DRIVE PROPERTY ADJACENT TO WARD'S CASTLE 5) CONSIDERING A LOCAL LAW TO REPEAL CHAPTER 117, EROSION & SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL, AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE RESOLUTIONS 1) CONSIDERING A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET 2) CONSIDERING AMENDING THE EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW 3) CONSIDERING THE PROPOSED SALE OF VILLAGE OWNED MAGNOLIA DRIVE PROPERTY ADJACENT TO WARD'S CASTLE Board of Trustee Meeting June 24,2003 Page 1 of 24 4) CONSIDERING A LOCAL LAW TO REPEAL CHAPTER 117, EROSION & SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL, AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE 5) REFERRAL TO PLANNING BOARD TO REVIEW A SPECIAL USE APPLICATION FOR A TIER III HOME OCCUPATION ON 63 SOUTH RIDGE STREET 6) REFERRAL TO PLANNING BOARD TO MODIFY THE SITE PLAN APPROVAL FOR THE STONEGATE AT BELLEFAIR SENIOR LIVING FACILITY FOR MODIFICATION TO ACCESS THE SITE AND PARKING AND TRAFFIC CIRCULATION 7) ACCEPTING THE OFFER OF DEDICATION OF OLC/RBAG-RYE BROOK, INC. TO DEDICATE CERTAIN ROADS WITHIN RED ROOF FARM SUBDIVISION AND SETTING A PUBLIC HEARING DATE ON ROAD DEDICATION AND AMENDING THE CODE TO ADOPT TRAFFIC REGULATIONS 8) CONSIDERING ACCEPTANCE OF THE WORKERS COMPENSATION PROPOSAL FOR THE JULY 2003 —JULY 2004 FISCAL YEAR 9) AUTHORIZING APPLICATION TO APPLY FOR A FOOD SERVICE PERMIT FOR THE ANTHONY J. POSILLIPO COMMUNITY CENTER ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Board of Trustee Meetings: July 8, 2003 and July 22, 2003 Board of Trustee Meeting June 24,2003 Page 2 of 24 BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Excused: Trustee Dean Santon STAFF Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Planning Consultant Fred Seifert, Public Access Coordinator Robert Santoro, Chief of Police Paula Patafio, Meeting Secretary The meeting was called to order with the Pledge of Allegiance. Mayor Filipowski stated that he had several announcements to make prior to moving to the agenda of the meeting. He noted that that Ridge Street was in the process of being repaved. Unfortunately, with the end of the school year, the Village has received many complaints about speeding on Ridge Street. The Police Department will be enforcing the speed limit and residents are asked to drive within the speed limit. Mayor Filipowski announced that the July 4, 2003 celebration would be held at Ryan Stadium at Port Chester High School. A celebration, including a fireworks display and awards presentation ceremony, was scheduled for 7:30 p.m. In case of rain, the fireworks will be held on July 5, 2003. Mayor Filipowski moved to the agenda: PUBLIC HEARINGS 1. CONTINUATION OF A PUBLIC HEARING IN CONSIDERING NON- CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW Mayor Filipowski declared the public hearing open. He reminded everyone that this was a continuation from a previous meeting, and called up Edward Beane, Esq., Village Counsel, to review comments made from the Board regarding this law. Mr. Beane noted that it was the consensus of the Board that clarification was required regarding who would qualify for a Home Occupation/Special Permit. The definition of resident was changed to include that the applicant must Board of Trustee Meeting June 24,2003 Page 3 of 24 maintain a primary residence in the home. One of the reasons for this change is that there are individuals who own their homes, but spend at least six months in another state. Mr. Beane read the entire definition for the Board. Mayor Filipowski called for comments from the Board and member of the public. There being none, he called for a Motion to close the public hearing. On a motion made by Trustee Paul Rosenberg, and seconded by Trustee Robert Harris, the public hearing was closed. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the second public hearing: 2. CONSIDERING A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET Mayor Filipowski declared the public hearing open. He called for comments from the Board or members of the public. Katie Wasserman of Hidden Falls addressed the Board. She noted that the residents of Hidden Falls have made this request for no parking in an area of Longledge in response to a safety issue. She noted that there is zero visibility on the curve, which is a 600 foot distance. This is a densely populated area, and residents, guests, and delivery services have been parking on both sides of the road. The result is that this road is reduced to only one lane. She asked that no parking signs on the curve be installed. Ms. Wasserman also noted that there have been constant complaints about street lights that are dying or dead. In addition, there are missing street lights need to be installed. These lights should have been installed at the end of Longledge. The final issue addressed by Ms. Wasserman was a request for signage for Rye Hill Park made at a previous Board of Trustee meeting. She stated that the residents of Hidden Falls were promised by the previous administration that nothing that would encourage traffic would be done regarding access to the park through Hidden Falls. She felt that putting a sign on Ridge Street would encourage the use of this very small road to gain access to only two handicapped spaces and one official space for the park. She felt that advertising the access to the park Board of Trustee Meeting June 24,2003 Page 4 of 24 would simply encourage illegal use of the area, and noted that access to this parkland can be gained through Crawford Park. Mr. Bradbury stated that there are regulations to be followed for the installation of all signage within the Village. Any signs posted will follow the Village Code. Trustee Goodman noted that the Traffic Commission reviewed this matter and recommended no parking on both sides. Ms. Wasserman felt that it would be a burden to eliminate parking on both sides. Mr. Bradbury suggested that the Board amend the local law to reflect no parking on one side of Longledge. However, before this could be done the Traffic Commission must be contacted to review the genesis of why no parking had been proposed for both sides of the street. Mr. Beane was also asked to review the proposed law and prepare an amendment for no parking on the east side of Longledge. Daniel Tartaglia, Esq. addressed the Board as a resident of Brookridge Court. He noted that the residents of Brookridge have requested no parking on Wyman Street from Ridge Street West to Roanoke East. He stated that this request was for both sides of the street as there are visibility and safety issues. Cars fly down Ridge Street, and when you have cars behind you going 55-60 mph it is very hard to make the turn from Ridge Street onto Wyman. It was noted that many of the homeowners on Wyman have five, six or seven cars, and it was felt that restricting parking on this street would force residents to park their cars in their driveways. Trustee Rosenberg expressed his concern about restricting the parking because he was uncertain where the cars would end up. Mr. Tartaglia stated that Brookridge is a private road. There is no parking along Brookridge Court. The residents of Brookridge park in the designated parking areas. The hope is that the residents of Wyman would begin utilizing the on-site parking available to them. There being no further comments on this matter, Mayor Filipowski called for a motion to close the public hearing. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the Resolution portion of the agenda: Board of Trustee Meeting June 24,2003 Page 5 of 24 RESOLUTION 1. CONSIDERING A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING RESTRICTIONS ON LONGLEDGE DRIVE AND WYMAN STREET WHEREAS, the Village of Rye Brook Traffic Commission requested that parking be prohibited along certain portions of Longledge Drive and Wyman Street; and WHEREAS, a proposed local law was introduced to amend Section 240- 19 of the Code of the Village of Rye Brook to prohibit parking along certain portions of Longledge Drive and Wyman Street; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on June 24, 2003, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on June 24, 2003; and 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 Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Section 240-19 of the Code of the Village of Rye Brook to prohibit parking along certain portions of Longledge Drive and Wyman Street, which amendments are enacted into law as Local Law 97-2003; and Board of Trustee Meeting June 24,2003 Page 6 of 24 BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE 2. CONSIDERING AMENDING THE EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW Mayor Filipowski declared the public hearing open. Mr. Beane noted that the Moratorium was scheduled to expire on July 8, 2003. He pointed out that there are local laws that are currently being amended. In order to complete the work on these local laws, the Moratorium could be extended to September— for an additional two months. There are no applications that will be effected by extending the Moratorium and, even if an application should be effected, there is a waiver process. Trustee Harris asked if the Board expected that the amendments would be completed by September 9, 2003. He was afraid that the Board was setting up a date that would fail. Ms. Marilyn Timpone Mohamed, Village Consultant from the firm of Frederick P. Clark Associates, addressed the Board. She noted that there were three major items yet to be drafted. They included wetlands, flood damage prevention, and trees. The Planning Board is moving the issues along and has scheduled special meetings to review the amendments. The Bulk Regulation and Impervious Surfaces amendments are also before the Planning Board, and should be referred back to the Board of Trustees for approval very soon. Storm Water Management and Erosion and Sediment Control have been referred back to the Board of Trustees. Mr. Bradbury noted that there are several other items that may not be covered under the Moratorium that will be reviewed. These laws will be handled in October, following the Moratorium. Trustee Goodman asked if there were other options versus extending the Moratorium. Mr. Beane noted that a new Moratorium could be set up for the Board of Trustee Meeting June 24,2003 Page 7 of 24 outstanding issues, however, he felt that the Village was really in good shape regarding the amendments. Mr. Bradbury stated that he spoke with David Stolman of F.P. Clark Associates. He noted that the review is a question of time. The priorities items given to the consultants have been reviewed. Trustee Harris questioned why the Moratorium was not being extended to October. Mr. Beane stated that there was no reason not to extend the Moratorium to October, however, making the change to October versus September means public notification and another special meeting. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the public hearing was closed. Mayor Filipowski called for the resolution amending the effective date of the Interim Development Law: 2) CONSIDERING AMENDING THE EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO EXTEND THE EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW WHEREAS, the Interim Development Law (Local Law 95-2002) was filed with the Secretary of State on September 20, 2002, which stated that the law shall be in effect for a period of 180 days from its effective and therefore would have expired on March 20, 2003; and WHEREAS, Local Law 4-2003 extended the expiration date of the Interim Development Law to July 8, 2003; and WHEREAS, a local law was introduced to further extend the expiration of the Interim Development Law to September 9, 2003; and Board of Trustee Meeting June 24,2003 Page 8 of 24 WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on June 24, 2003, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on June 24, 2003; and 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 II" 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 the Interim Development Law to extend its expiration date to September 9, 2003, which amendment is enacted into law as Local Law 98-2003; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 94 under Public Hearings: 4) CONSIDERING THE PROPOSED SALE OF THE VILLAGE OWNED MAGNOLIA DRIVE PROPERTY ADJACENT TO WARDS CASTLE Mayor Filipowski declared the public hearing open. Mr. Beane noted that the purpose of the public hearing was held to decide whether or not this particular parcel of property should sold. Legally this property can be sold, and it is the Village's intent to receive the best possible benefit from the sale. The public hearing will allow for public input. Board of Trustee Meeting June 24,2003 Page 9 of 24 Mayor Filipowski suggested that a minimum sale price be included in the resolution. Mr. Beane responded that there is a very limited market for this property. The Village has the discretion to decide on the value of the property, and could have the property appraised to determine the worth. However, it should be noted that the cost of the appraisal may be more than the cost of the property. Trustee Goodman felt that by notifying the public of the sale, and receiving input on the property, interested parties would become aware of the sale and could bid for the parcel. If the bids are too low, the Village Board has the right to decline the offer. Mr. Beane noted that as a Village and Village Board the goal is to obtain the best price. This gives the discretion to reject any offer. Trustee Harris felt that a sealed bid auction should not be done. Trustee Rosenberg agreed with Trustee Harris in that the property should be sold. He also agreed with Trustee Goodman, in that this matter should be noticed so that the adjacent homeowners are aware of the sale. He wanted to ensure that final approval is made by the Board of Trustees. Dr. Andrew Fisher of 19 Magnolia Drive (the owner of Ward's Castle) addressed the Board. He noted that when he purchased Ward's Castle, he thought that this parcel was part of his property. Ward's Castle is a historic building which tends to bring people. There is a gate which prohibits people from coming onto his property, however, the property behind the gate (the subject of this public hearing) does not belong to him. He had hoped that this sale would come around one day and so he was very pleased that this matter was before the Board. He was not sure why this portion of property was separated from the Ward's estate, but expressed interest in bidding on the property. Trustee Harris noted that perhaps this property should be split to benefit the neighbors. He noted that Mr. Borrelli had expressed an interest regarding this property at a prior Board of Trustee meeting. He felt that if this property was split into two portions that perhaps it would bring in more money for the Village. Mayor Filipowski asked if there was a way to separate this parcel. Mr. Beane noted that this is currently one parcel, but it could be divided into more than one parcel. The property could be subdivided in a couple of ways. Trustee Goodman noted that the Village Board will have the ultimate approval. She suggested that the residents review the website for additional information on this matter. Mr. Beane stated that the resolution before the Board at this time would give the Board the ability to actively notify people of the property and the sale. Mr. Donald Degling, former Trustee, addressed the Board. He noted that a few years ago this parcel was considered by the Open Space Committee. They Board of Trustee Meeting June 24,2003 Page 10 of 24 recommended that this parcel be sold. They recommended certain conditions. They felt that a covenant should be created because the land is used to access the Ward's Castle property. The Board should also be aware that the addition of this parcel could afford the owners of the Ward's property an opportunity to subdivide the property. The covenant would prevent subdivision. At this time there is insufficient frontage and, therefore, the parcel could not be subdivided. This concern needs to be addressed. There being no further comments, Mayor Filipowski 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. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the resolution: 3) CONSIDERING THE PROPOSED SALE OF THE VILLAGE OWNED MAGNOLIA DRIVE PROPERTY ADJACENT TO WARDS CASTLE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. AUTHORIZING THE SALE OF THE VILLAGE OWNED MAGNOLIA DRIVE PROPERTY ADJACENT TO WARDS CASTLE WHEREAS, on June 24, 2003, the Village of Rye Brook Board of Trustees (the "Village Board") conducted a public hearing on its proposed authorization for the Village of Rye Brook (the "Village") to sell the Magnolia Drive property, adjacent to Wards Castle, approximately .82 acres in size, at a private sale, at a price and on such terms as in the best interests of the Village, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said proposed sale; and WHEREAS, the Village Board, after due deliberation finds it to be in the best interests of the Village to issue a resolution authorizing the sale; and Board of Trustee Meeting June 24,2003 Page 11 of 24 WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act by determining that adoption of such a resolution is an unlisted action and has prepared a Short Form Environmental Assessment Form; and NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby adopts a Negative Declaration for the reasons stated therein, thereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village Board hereby authorizes the Village Administrator with the advice and counsel of the Village Attorney, and subject to the approval of the Village Board to sell and convey the Magnolia Drive parcel of property, adjacent to Wards Castle, located at Sec. 1, Block 8 portions of lot 4A and 4C, at a price and upon other terms and conditions which are in the best interests of the Village and in so doing, to incur such costs as are necessary to make this determination, including an appraisal of the value of said property; and IT IS FURTHER RESOLVED, that the Village Attorney shall prepare a contract of sale reflecting the price and terms and conditions negotiated and agreed to by the Village for approval by the Village Board by a separate resolution. Trustee Rosenberg questioned whether or not a survey would be done to determine the true value of the property. Mr. Beane responded that a survey could be done, if the Board of Trustees authorized it. A concern regarding the cost was previously expressed, and it was suggested that a capped amount to be spent on the survey be set. Trustee Harris questioned the notification process. Trustee Harris made a motion that the Board abide by the Village's notification requirements. Mr. Beane stated that this request did not need to be made as a motion, and noted that the Village will give fair notice to everyone. Mayor Filipowski noted that the resolution concludes the public hearing and makes the property available for sale. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting June 24,2003 Page 12 of 24 Mayor Filipowski called for the final public hearing on the agenda: 5. CONSIDERING A LOCAL LAW TO REPEAL CHAPTER 117, EROSION AND SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE Mayor Filipowski re-opened the public hearing. He called for Ms. Timpone Mohamed for a summary of the amendments. Ms. Timpone Mohamed noted that this is a local law that offers development controls. It has been modeled by a law that was developed by Westchester County and the Long Island Sound Municipal Water Council. The Planning Board, and Village Staff and Consultants, have made comments and suggested changes. As a result, the proposed law was amended. There being no further comments or questions, Mayor Filipowski called 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. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the resolution: 4) CONSIDERING A LOCAL LAW TO REPEAL CHAPTER 117, EROSION AND SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the resolution as amended was adopted. Board of Trustee Meeting June 24,2003 Page 13 of 24 RESOLUTION CONSIDERING A LOCAL LAW TO REPEAL CHAPTER 117, EROSION AND SEDIMENT CONTROL; A LOCAL LA-W4-0-AMENDING CHAPTERS 121, EXCAVATIONS AND TOPSOIL REMOVAL AND 213, STEEP SLOPE PROTECTION,AND CREATING CHAPTER 118, EROSION AND SEDIMENT CONTROL WHEREAS, the Board of Trustees is considering a local law to mal lawtothe Code of the Village of Rye Brook to repeal Chapter 117, Erosion and Sediment Control, create Chapter 118, Erosion and Sediment Control, add Paragraph C to Section 121-2, Excavations and Topsoil Removal, and amend Sections 213-6.B(14) and 213-8.A.(5)(f) of Chapter 213, Steep Slope Protection; and WHEREAS, by resolution dated June 12, 2003, the Planning Board recommended adoption of the proposed local law as revised by the Village Planning Consultant according to their suggestions and comments; and WHEREAS, the Village Board is familiar with the proposed local law and has discussed it on a number of occasions, directing the Village Consultant to make revisions and modifications; and WHEREAS, the proposed text amendments are attached to this resolution, with text to be deleted shown in strikeout and text to be added shown in double underline; and WHEREAS, on June 24, 2003 the Village Board held a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Proposed Local Law; and WHEREAS, the Village Board after due deliberation, fords it in the best interest of the Village to adopt such a local law; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act by determining that adoption of such Proposed Local Law is an "Unlisted Action" and a short Environmental Assessment Form has been prepared. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby adopts a Negative Declaration, for the reasons stated therein, thereby ending the State Environmental Quality Review process; and Board of Trustee Meeting June 24,2003 Page 14 of 24 BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law# 9 - 2003. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE 5) REFERRAL TO THE PLANNING BOARD TO REVIEW A SPECIAL USE PERMIT APPLICATION FOR A TIER III HOME OCCUPATION LOCATED ON 63 SOUTH RIDGE STREET Ms. DiSalvo was asked to read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was approved. RESOLUTION REFERRING SPECIAL USE PERMIT APPLICATION FOR A TIER III HOME OCCUPATION, 63 SOUTH RIDGE STREET TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK 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 located in the R-2F 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 for a special use permit and site plan application; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Westchester County Planning Department, the Village Planning Board and the Planning Consultant of the Village of Rye Brook for a report and recommendation; and BE IT FURTHER RESOLVED, that the applicant is directed to comply with Section 250-40 of the Village Code regarding notification; and Board of Trustee Meeting June 24,2003 Page 15 of 24 BE IT FURTHER RESOLVED, that the applicant deposit the sum of $4,000 to be used toward professional fees incurred during the review of this application. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE 6) REFERRAL TO PLANNING BOARD TO MODIFY THE SITE PLAN APPROVAL FOR THE STONEGATE BELLEFAIR SENIOR LIVING FACILITY FOR MODIFICATION TO ACCESS THE SITE AND PARKING AND TRAFFIC CIRCULATION Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION REFERRING APPLICATION TO MODIFY THE SITE PLAN APPROVAL FOR THE STONEGATE AT BELLEFAIR SENIOR LIVING FACILITY FOR MODIFICATION TO ACCESS TO THE SITE, PARKING AND TRAFFIC CIRCULATION TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, FC BELLEFAIR, LLC, has made an application to the Village of Rye Brook requesting an amended Site Plan Approval for modifications to access to the site, parking and traffic circulation shown on the approved Site Plan for the Planned Unit Development (PUD) known as BelleFair, located on the west side of King Street at the southwest corner of the intersection formed by King Street and Lincoln Avenue, within the PUD, Tax Parcel Section No. 1, Block 3, Lot 1.250. 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; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Westchester Board of Trustee Meeting June 24,2003 Page 16 of 24 County Planning Department and to the Planning Board and the Planning Consultant for a report and recommendation; and BE IT FURTHER RESOLVED, that the applicant shall deposit the sum of $10,000 and such additional amounts as may be requested, in the Village of Rye Brook environmental review/professional fees escrow account to defray the cost of the review of the application. Mr. Mark Miller of Veneziano & Associates addressed the Board. Also in attendance was Mr. Daly, and a second associate from Veneziano & Associates. Mr. Miller noted that the applicant was seeking a number of amendments to the previous site plan approval. The most significant change is really a re-version. When this project was originally approved by the Village Board the King Street access was contemplated as a 24' wide egress/ingress service roadway to be used for delivery personnel and staff of the facility was proposed. The residents were to utilize the entrance through Bellefair. The New York State Department of Transportation expressed a concern that should this roadway remained a two-way roadway the residents of Bellefair could use it as a short cut through to King Street. The D.O.T. required that the roadway be narrowed and made into a one- way for ingress only. The Senior Living Facility prefers to have their own separate identity and roadway. The D.O.T. has been contacted and they notified the applicant that they will approve the roadway if the connection between Stonegate and Bellefair is terminated at Reunion Road. The proposal is to convert the King Street access back to the 24' width roadway. This shifts the residents' use from the main Bellefair entrance to this entrance, and does not increase the traffic on King Street in any way. Emergency access will still be allowed from Reunion Road. As a result of this modification, parking needs to be reconfigured. There are improvements proposed along King Street, along with stone pillars to highlight the entrance of the facility, and a picket fence. There will be additional landscaping throughout the facility and around the perimeter of the Senior Living Facility's property. In addition, a waking path along the southerly side of the facility (Reckson's side) will be created. The final change proposed is a bridge that connects Stonegate to Bellefair's High Point Circle. Somewhere along the lines this bridge was shifted over several feet. It simply needs to be realigned. Mayor Filipowski called for comments from the Board and members of the public. Trustee Harris noted that having a unique identity was never part of the concept of Bellefair. This facility should be part of the Bellefair community. Mr. Miller responded that the residents will still be part of the community. The original roadway simply makes it easier to find the building by giving them a presence on King Street. There will be a shuttle offered to the residents of Stonegate, Board of Trustee Meeting June 24,2003 Page 17 of 24 traveling back and forth from Stonegate to Bellefair. There will be a gate constructed at Reunion Road. The shuttles will have access to the gates. These gates will be crash gates so that in the case of an emergency, emergency vehicles could just drive through to gain access. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE 7) ACCEPTING THE OFFER OF DEDICATION OF OLC/RBAG-RYE BROOK TO DEDICATE CERTAIN ROADS WITHIN RED ROOF FARM SUBDIVISION AND SETTING A PUBLIC HEARING DATE ON ROAD DEDICATION AND AMENDING THE CODE TO ADOPT TRAFFIC REGULATIONS Mr. Bradbury asked Mr. Beane for his comments. Mr. Beane noted that there were several conditions attached to acceptance of the roads. He read the resolved clauses of the resolution for the Board. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF OLC/RBAG-RYE BROOK, INC. TO DEDICATE CERTAIN ROADS WITHIN RED ROOF FARM SUBDIVISION, CALLING FOR A PUBLIC HEARING ON ROAD DEDICATION AND AMENDING THE CODE TO ADOPT TRAFFIC REGULATIONS WHEREAS, on September 3, 1998, the Board of Trustees of the Village of Rye Brook adopted a Resolution granting final subdivision approval for the Red Roof Farm Subdivision now known as the Blind Brook Estates, subject to certain conditions; and WHEREAS, a subdivision plat filed with the Westchester County Clerk's Office, Division of Land Records as Map No. 26266 on November 25, 1998 on which recorded Map the roads to be dedicated hereunder were shown; and WHEREAS, OLC/RBAG — Rye Brook, LLC has by letter dated on or about March, 1, 2003 offered the following roads for dedication to the Village: 1. Red Roof Drive; 2. Birch Lane; Board of Trustee Meeting June 24,2003 Page 18 of 24 3. The extension of Old Orchard Road to Birch Lane, as shown on said filed map; 4. The extension of Old Oak Road to Red Roof Drive, as shown on said filed map; and WHEREAS, the Village Engineer has inspected the roads being offered herein and found the roads to be acceptable for dedication, except for the condition set forth in paragraph 8 below: NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook accepts the offer of dedication of 1. Red Roof Drive; 2. Birch Lane; 3. The extension of Old Orchard Road to Birch Lane, as shown on said filed map; and 4. The extension of Old Oak Road to Red Roof Drive, as shown on said filed map. This acceptance is expressly subject to OLC/RBAG—Rye Brook, LLC satisfaction of each of the following conditions: a) Remediation of the water seepage condition on Birch Lane, including the submission of plans and specifications prepared by a licensed professional engineer designing the remediation and verifying its effectiveness, which plans and specifications are subject to approval by the Village Engineer and consultant (Dolf Rotfeld Associates); b) Vacuuming and flushing out of all sanitary and storm sewers and drainage systems; C) Certification by a licensed professional engineer of the "as built" plans of the stormwater and sanitary sewers and drainage systems and providing the Village with a videotape of the galleries; d) Inspection of the manholes in the roadways to be dedicated and removing debris and accumulated sediment from them. e) Installation of the guardrails required by the subdivision approval. fl Replacement of all dead street trees and site evergreen trees to the satisfaction of the Village Engineer. Board of Trustee Meeting June 24,2003 Page 19 of 24 g) The applicant shall furnish a one (1) year maintenance bond to the Village in a sum to be determined by the Village Engineer in a form acceptable to the Village Attorney; h) The applicant shall also dedicate the drainage, sewage, steep slope and easements associated with the roads; i) The applicant shall provide a title report from a title company acceptable to the Village Attorney and in a form acceptable to the Village Attorney; j) The applicant shall provide deed(s) along with Schedule(s) describing the property(ies) being conveyed in recordable form, and in a form acceptable to the Village Attorney; k) In accordance with Section 6-610 of the Village Law, the applicant shall continue to maintain the streets and drainage and sewer systems offered for dedication until such time as OLC/RBAG-Rye Brook, LLC satisfies each of the conditions set forth herein and the Board of Trustees adopts a Resolution accepting the conveyance, and the deeds conveying the roads shall be recorded in the office of the Westchester County Clerk, Division of Land Records. Upon the satisfaction of the above conditions and the recording of the deeds, the roads shall become public streets of the Village; and IT IS FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook introduces a Local Law to amend Chapter 240 of the Code of the Village of Rye Brook to impose traffic regulations on the roads within the Red Roof Farm Subdivision; and IT IS FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on July 8, 2003 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York 10573 to consider the Village accepting the dedication of these roads within the Red Roof Farm Subdivision subject to the conditions set forth herein and to consider a proposed Local Law to amend Chapter 240 of the Code of the Village of Rye Brook to impose traffic regulations on the roads within the Red Roof Farm Subdivision. Mayor Filipowski stated that his initial reaction was that as there were a number of loose ends at Red Roof Farm the road dedication should be held back. Mr. Beane clarified that there were two categories of loose ends. One was road dedication and the other loose ends would not be impacted by this resolution. The real victims of this are the residents of Red Roof Farm. The developers' attorney asked that the Village accept the dedication of the roads. The best way Board of Trustee Meeting June 24,2003 Page 20 of 24 to control this is to put the conditions in the resolution. No one wants to delay the roads dedication because of the outstanding matters. Trustee Goodman noted the resolution clearly states that the roads will not be dedicated until certain conditions are met. Mr. Beane stated that the road dedication moves the process along. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE 8) CONSIDERING ACCEPTANCE OF THE WORKERS COMPENSATION PROPOSAL FOR THE JULY 2003—JULY 2004 FISCAL YEAR. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION ACCEPTANCE OF WORKERS COMPENSATION PROPOSAL FOR FISCAL YEAR JULY 2003- JULY 2004 WHEREAS, the Village of Rye Brook has retained Insurance Consultant Advisory Services, Inc, dba, Risk Management Services to review and prepare specifications and to solicit proposals to meet the Workers Compensation insurance needs of the Village; and WHEREAS, Risk Management Services has determined that there has been an approximate 15 to 20 percent net increase in workers compensation rates and assessment charges; and WHEREAS, Risk Management Services has obtained proposals from both the incumbent carrier, Lovell Safety Group, (a N.Y. State Insurance Fund) and Public Employers Risk Management Association("PERMA"); and Board of Trustee Meeting June 24,2003 Page 21 of 24 WHEREAS, based upon its lower proposal, Risk Management Services recommends placing the Workers Compensation policy with the Lovell Safety Group, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby accepts the placement of the Village's Workers Compensation insurance policy with the Lovell Safety Group, a N.Y. State Insurance Fund, with a total annual estimated premium of $114,864 for the 7/1/03-7/1/04 policy period. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9) AUTHORIZING APPLICATION TO APPLY FOR A FOOD SERVICE PERMIT FOR THE ANTHONY J. POSILLIPO COMMUNITY CENTER Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION AUTHORIZATION TO APPLY FOR A FOOD SERVICE PERMIT TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to apply for such permit in order to comply with all rules and regulations of the Westchester County Department of Health, Board of Trustee Meeting June 24,2003 Page 22 of 24 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Senior Citizen Coordinator to apply for a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, an application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. Mr. Bradbury noted that this permit is required. The request is a result of an inspection that pointed out that there was no permit in place. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON ABSENT MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury was called upon for the Administrator's Report. • The work completed on North Ridge Street by the County is being reviewed. Revised plans should be received the end of the week or early the following week showing how the County will correct the problems in this area. • The traffic study on King Street at the Hutch interchange will be handed out at the next Board meeting. • Nextel was scheduled to present a proposal to the Village Board for the Village Hall property. • The Westchester County Department of Planning will be doing some planting at Rich Manor Park. • Port Chester Seniors have joined Rye Brook Seniors. Mayor Filipowski reminded everyone that dogs must be controlled and must be on leashes. Dogs not on leashes have been causing a lot of anxiety of other residents riding bikes, and jogging. He suggested that the Village's ordinance regarding restrictions on animals should be reviewed by the Village. Board of Trustee Meeting June 24,2003 Page 23 of 24 Mayor Filipowski thanked everyone for attending the June 24th meeting. There being no further business before the Board, the meeting was adjourned at 9:35 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting June 24,2003 Page 24 of 24