Loading...
HomeMy WebLinkAbout2003-08-26 - Board of Trustees Meeting Minutes REGULAR/SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,AUGUST 26, 2003 @ 7:30 P.M. AGENDA Board of Police Commissioners Meeting @ 6:45 p.m. ROLL CALL PLEDGE OF ALLEGIANCE REPORT 1. ZONING BOARD OF APPEALS CHAIRPERSON'S REPORT ON ACTIVITIES OF THE BOARD PUBLIC HEARINGS 1. CONSIDERING AMENDING CHAPTER 160 OF THE VILLAGE CODE TO MODIFY THE APPEAL PROCEDURE FOR RENUMBERING OF PROPERTIES 2. CONSIDERING TWO PROPOSED LOCAL LAWS TO AMEND CHAPTER 250, ZONING, TO REGULATE RESIDENTIAL BULK AND IMPERVIOUS SURFACE COVERAGE 3. CONSIDERING REPEALING CHAPTER A257 OF THE VILLAGE CODE REGARDING THE LICENSE AND PERMIT FEE SCHEDULE RESOLUTIONS 1. CONSIDERING AMENDING CHAPTER 160 OF THE VILLAGE CODE TO MODIFY THE APPEAL PROCEDURE FOR RENUMBERING OF PROPERTIES 2. CONSIDERING TWO PROPOSED LOCAL LAWS TO AMEND CHAPTER 250,ZONING, TO REGULATE: Board of Trustee Meeting August 26, 2003 Page 1 of 26 a) Building Bulk in Residential Districts and Miscellaneous Minor Editorial Modifications b) Impervious Coverage in Residential Districts 3. CONSIDERING REPEALING CHAPTER A257 OF THE VILLAGE CODE REGARDING THE LICENSE AND PERMIT FEE SCHEDULE 4. SETTING A PUBLIC HEARING DATE TO CONSIDER EXTENDING THE INTERIM DEVELOPMENT LAW 5. REFERRAL TO PLANNING BOARD TO CONSIDER A LOT MERGER APPLICATION AT 22 LINCOLN AVENUE 6. REFERRAL TO PLANNING BOARD TO CONSIDER A SITE PLAN APPLICATION FOR THE INSTALLATION OF A DRIVEWAY AND PARKING AREA AT 550 WESTCHESTER AVENUE 7. REFERRAL TO PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 245, WETLANDS AND WATERCOURSES, OF THE CODE OF THE VILLAGE OF RYE BROOK 8. REQUESTING THE REMOVAL OF CERTAIN PROPERTIES FROM THE BLIND BROOK SANITARY SEWER DISTRICT 9. APPROVAL OF MEETING MINUTES: March 11, 2003, April 8, 2003, April 22, 2003 and May 13, 2003 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustee Meetings: September 9, 2003 and September 23, 2003 Board of Trustee Meeting August 26, 2003 Page 2 of 26 CONVENE Mayor Filipowski called the meeting to order at 7:30 p.m., by asking everyone to join him in the Pledge of Allegiance. BOARD Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon Mayor Francis Filipowski Excused. Trustee Carol Goodman STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Nicholas Ward-Willis, Esq., Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Planning Consultant Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Filipowski welcomed everyone to the meeting. He called for the first item on the agenda, a report by the Chairman of the Zoning Board of Appeals. REPORT 1. ZONING BOARD OF APPEALS CHAIRPERSON'S REPORT ON ACTIVITIES OF THE BOARD Mr. Mark Harmon addressed the Board. He noted that the Zoning Board hears appeals and requests for variances. The majority of the appeals come from denials applicants have received from the Building Department. By in-large, the applications are for variances related to setbacks and side/rear/front yard requirements. Many of the homes in Rye Brook are non-conforming because of the changes to the Village's Zoning Code that have taken effect over the years. The Zoning Board also hears applications for subdivisions and the construction of new home, although much more rare. Decisions are made through interpretation of the Zoning Code. At this time, the biggest issue facing the Zoning Board involve the application of Section 212-4(A)(1) — Installation of sprinkler systems in homes. There are two particular aspects of this ordinance that are troubling. Mr. Harmon noted that Board of Trustee Meeting August 26, 2003 Page 3 of 26 recently the Zoning Board of Appeals forwarded a letter to the Village Administrator and Board of Trustees regarding this matter outlining the two principal problems. The first is an ambiguity in the definition of an alteration or repair. The section of the Code that is being referred to requires the installation of a sprinkler system in any existing home where more than 50% of the building floor area will be subject to alteration or repair. There is no definition of alteration within the Village Code. The Building Inspector, who has been doing a terrific job, has been applying the New York State Building Code's definition of alternations. This means that any work done in a room requires that the entire floor area of that room be added in determining what is 50% of the home. In addition, the word repair is confusing. Although homeowners do not need a building permit to do repairs, if a homeowner is doing repairs to more than 50% of their home they would be required to install a sprinkler system. What the Village needs to do is to come up with a greater understanding of what the intent of the Board of Trustees was at the time it enacted this ordinance. The definition of alternation must be clarified. For example, if an applicant is replacing a window in a room, should the entire floor area of that room be included in the calculation. Does a window being removed require the entire alteration to be sprinklered? This has been the determining factor in several of the recent applications that have come before the Zoning Board. The other major area where there are problems, is that it seems to fall hardest on the homeowners with the smallest homes. The reason this happens is because with a 1,000 or 2,000 square foot home, a small addition with the interpretation of alterations could result in more than 50% of the home being involved. Thus, the homeowner would be required to install the sprinkler system. However, a home of 3,000 or 4,000 square feet with the same size addition would not require the homeowner to install the sprinkler system. The Zoning Board of Appeals has requested a Work Session with the Board of Trustees to review this matter. Mayor Filipowski and Mr. Bradbury are in the process of setting up this meeting with the Village's Planning Consultant, Village Engineer, and Board of Trustees. Mayor Filipowski thanked Mr. Harmon for his presentation. Board of Trustee Meeting August 26, 2003 Page 4 of 26 PUBLIC HEARING 1. CONSIDERING AMENDING CHAPTER 160 OF THE VILLAGE CODE TO MODIFY THE APPEAL PROCEDURE FOR RENUMBERING OF PROPERTIES Mayor Filipowski re-opened this public hearing at 7:45 p.m. Trustee Rosenberg made a motion to table this issue to another date. He asked for additional time to review the matter. Trustee Robert Harris seconded the motion. Mayor Filipowski noted that tabling the item means no discussion on this matter at this time. He also pointed out that it would take three aye votes to table this matter. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING NO TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING NO Mayor Filipowski noted that the motion did not pass. He called for comments from members of the public. Mr. Ethan Blank of 5 Milestone Road addressed the Board. He addressed the amendment to the Code, noting that he had forwarded an e-mail to the Board for their review. He stated that there was a perception that this amendment was being used to address the circumstances on Milestone Road. The essence of his concerns surrounded the fact that this was a construction issue. He felt that it was inappropriate to discuss the matter without the builder, or his counsel/representative being in attendance. If this amendment passes, then the entire odd side of the street will have their numbering changed. The builder has offered to pay responsible expenses in connection with this change. He questioned whether or not the builder had an enforceable legal obligation. If not, this would mean that the homeowner would be holding the "expense" bag. He felt that as a prior act, the Board of Trustees should take the lead and negotiate a settlement with the builder. This should be done in the issue of fairness. If this is the builder's mistake, then they should be held responsible. Mr. Bradbury noted that the builder, Spectrum Skanska, has agreed to accept the burden of reasonable costs. This agreement is a condition of the approval. In addition, Mr. Mark Miller, the representative for the builder, has reiterated this agreement at prior Board of Trustee meetings. Board of Trustee Meeting August 26, 2003 Page 5 of 26 The owner of 7 Reunion Road addressed the Board. He asked that any renumbering be done in conformance with the Village's Code. This would mean that his address would be changed to 1 Milestone Road. There were requests that number include an A or a B,which he was opposed to. A resident of 11 Milestone Road addressed the Board. His preference for the number change was I and IA. This would mean that the rest of the residents would not be inconvenienced. If the block has to be renumbered, then he felt that it should be the entire block and not just the odd numbers. He also suggested that starting the numbers at 100 would alleviate the problem of not knowing whether or not the mail was intended for the old 99 or the new 99. Howard Oaks of 7 Milestone Road addressed the Board. He requested that Mr. Bradbury re-read the resolution so that he could be clear of what would result. Mr. Bradbury noted that this modification would be to the house numbering law of the Village of Rye Brook. The Director of Public Works/Village Engineer will consult with the Chief Police, and all emergency services, when re-numbering homes. Any property owner that objects to the change will have the opportunity to appeal to the Board of Trustees. Howard Oaks thanked the Board for reviewing this topic. He noted that one of the things that has been frustrating for him over the years is that street numbering is a matter of public safety. It has now been three years, and although attempts have been made to correct it, the matter remains the same. He noted that he was in favor of the resolution. The Zoning Board of Appeals, in his opinion, did not have the training or experience to deal with the safety issue. The recommendations from the Chief of Police, and the 911 Coordinator, are to renumber the homes on Milestone Road. He also felt that the builder should reimburse homeowners for expenses incurred due to the change made at the time of construction. He hoped that this issue, a matter of public safety, would be resolved in a timely manner. Trustee Paul Rosenberg reviewed what made him uncomfortable about some of the specifics. A broad change is being made to the law, with a specific instance where this law needs to be applied. He questioned how this was going to affect the homeowners. He also wanted clarification of how the homeowners would be compensated by the builder. Trustee Dean Santon stated that he was troubled by the notion of changing the Code to enable the Village to deal with the renumbering situation on Milestone Road. He felt that this matter should be resolved prior to changing the Code. He also questioned the appeal process. He stated that he would not vote for a law Board of Trustee Meeting August 26, 2003 Page 6 of 26 that had the express purpose of overturning a decision made by the Zoning Board of Appeals. Trustee Harris noted that by approving this amendment, it puts the wheels in motion. Voting yes moves this matter forward for the Chief to do what he needs to do. The best way to get an answer is to start the process. Mr. Bradbury pointed out that everyone wants to see this issue resolved. This law is being resolved for this issue, and other issues that may come before the Board. Mayor Filipowski noted that the Board's intent was to ensure that the expenses were covered. He deferred to Nicholas Ward-Willis, Esq., Village Counsel. Mr. Ward-Willis noted that there is a legal obligation for the developer, who has agreed to reimburse for reasonable expenses. Mayor Filipowski called for additional comments from the public or members of the Board. There being none, he asked for a motion to close the public hearing. On a motion made by Trustee Harris, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 91 of resolutions. RESOLUTIONS 1. CONSIDERING AMENDING CHAPTER 160 OF THE VILLAGE CODE TO MODIFY THE APPEAL PROCEDURE FOR RENUMBERING OF PROPERTIES Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION Board of Trustee Meeting August 26, 2003 Page 7 of 26 ADOPTING A LOCAL LAW TO AMEND CHAPTER 160 OF THE VILLAGE CODE TO MODIFY THE APPEAL PROCEDURE REGARDING RENUMBERING OF PROPERTIES WHEREAS, the Village desires to modify the procedure whereby renumbering of properties may be appealed; and WHEREAS, a duly noticed public hearing was held on August 26, 2003 at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on August 26, 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, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed local law to amend Chapter 160 of the Village Code to modify the appeal procedure regarding renumbering of properties, which amendments are enacted into law as Local Law # 10-2003; 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. Mr. Ethan Blank of Milestone Road felt that other possibilities exist to rectify this situation on Milestone Road that would not necessitate the renumbering of the entire street. He, once again, expressed his reluctance to change the numbering. Mr. Ward-Willis noted that under the new law the Director of Public Works has the authority to make this decision. Mr. Bradbury reminded the Board that this change to the law changes the appeal system. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting August 26, 2003 Page 8 of 26 2. CONSIDERING TWO PROPOSED LOCAL LAWS TO AMEND CHAPTER 250, ZONING TO REGULATE RESIDENTIAL BULK AND IMPERVIOUS SURFACE COVERAGE Mayor Filipowski declared the public hearing open. Ms. Marilyn Timpone Mohamed from Frederick P. Clark Associates addressed the Board. She noted that two local laws were being considered to regulate development within Rye Brook. One has to do with the bulk of the buildings and the other has to do with impervious surface coverage of residential lots. The Village had concern that large, over scaled residents were being constructed. They reviewed the situations, and remedies. The identified the issues that exist. They reviewed existing house within the Village that set the character for various neighborhoods. The current regulations have also been reviewed. There is a maximum height of 30' and a maximum lot coverage for primary buildings, accessory buildings, and decks. The requirements set by Rye Brook are somewhat less than other surrounding townships. Ms. Timpone Mohamed noted that other Villages are also concerned with this issue. From the analysis of the current regulations and the identified issues, recommendations have been made. These recommendations fall into specific areas. There have been modifications to the existing Zoning Code. The definition of basements has been changed. Several other definitions will be clarified. Another area reviewed was the way to look at and regulate the bulk of buildings. Another area reviewed were setbacks. Ratios specific to each zoning district have been developed. A suggestion was to increase the setback in the zoning districts. It may be difficult because of the vast difference in sizes of lots within Rye Brook. Most new buildings have been built at greater than the minimum setbacks. When changing zoning requirements, a small change in the requirements may bring a large change on the ground. It is important to note that these regulations do not design a house, but rather simply provide an envelope in which someone can design a house. Once an envelope is set for a lot by using maximum floor area and setback ratios, the designer of a new house can almost never build the maximum square footage because of the regulations. The idea is not to make the regulations so restrictive that it would alter the size house that is the current denominator of every development. Three different changes are being proposed to the current zoning law. Also to be considered is limiting the amount of site development. If a resident wants a pool, a deck, a garage, a driveway of an appropriate size, it should still be Board of Trustee Meeting August 26, 2003 Page 9 of 26 able to be built on a minimum sized lot. This regulation will move a home back and away from the side lots. None of the recently built houses have been built to the minimum rear lot lines. The Village Staff, including the Village Engineer and Building Inspector, have reviewed the proposed Law. The Building Inspector was concerned that the height of the building would preclude a certain architecture style. The Village wants to be able to encourage architectural style and design, and yet maintain a grasp on the size of the house being built. Ms. Timpone Mohamed noted that the Planning Board has also reviewed this matter. They spent a good deal of time reviewing this law. Different formulas were reviewed. The original analysis and formula is a much more reasonable first step. These regulations will not deal with new subdivisions. They will also not hamper architectural design. Mayor Filipowski thanked Ms. Timpone Mohamed for her presentation. He called for questions from members of the public. There being none, he turned to the Board for their comments and questions. Trustee Harris questioned how impervious surfaces were handled. There are water problems throughout the Village that must be addressed. Impervious surfaces impede the water recharge into the ground. He wanted to be sure that this proposed law would restrict people from paving their entire front yards. Ms. Timpone Mohamed responded that the regulations being proposed address maximum impervious surface coverage of the front yard. This was a major concern for the Village. The calculations are done using lot size, even though from district to district lot sizes vary tremendously. The percentage of a front yard that can be paved is calculated in concert with the rest of the law. If an applicant paves the front yard, then they won't be able to pave in the rear. Trustee Harris felt that paving in the rear was less intrusive than paving the front yard. Mayor Filipowski noted that the whole idea is that less impervious surface helps everyone. Trustee Santon agreed. He stated that he felt that substantial paving of rear yards should also be considered. He also felt that having the ability to pave 40% of a front yard is too much. It was his opinion that the amount of impervious surface should be reduced, especially in the front yard. His concern was not how big a structure was, but rather that setbacks have not been changed. He felt that rear yards impact the neighborhood as well as the Board of Trustee Meeting August 26, 2003 Page 10 of 26 quality of life of residents who are adjacent to this rear yard. All residents must be protected from expansions that might effect their enjoyment of their own rear yard. He noted that the consensus of the Planning Board was that although not perfect, this law should be approved. He requested that increased setbacks be considered. He felt that meaningful changes will come if the Village evaluates the setbacks. Ms. Timpone Mohamed noted that a larger parcel allows for a larger house. During her research she found nothing that suggests that rear yard setbacks are being built to. The increase in setbacks imposes a problem because there are lots of varying sizes. Increasing these setbacks could impact a minimum or oversized lot, as well as irregularly sized lots. Working on setbacks would require additional study and, at this point, she felt that this study was not warranted. The imposition of the floor area ratio will make a house smaller and further away from the property lines. She suggested waiting on making changes to setbacks to see what the impacts of the proposed amendments would be. Mayor Filipowski asked if there was a way to reduce the amount of impervious in front yards. Mr. Ward-Willis noted that there are time constraints with regard to making changes to the law. He noted that this was a public hearing. If changes are made then a second public hearing would have to be held. Ms. Timpone Mohamed called the Board's attention to the fact that there is currently no justification for any additional changes. If an applicant paves their front yard, there is a possibility that they cannot construct anything in the rear yard. Mayor Filipowski turned to Counsel for an opinion on adjourning the matter. Mr. Ward-Willis expressed his concern regarding having a draft prepared ten days prior to the September 9th meeting. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the intent was to assume a standard sized driveway and front walk. These are necessary impervious surfaces. A percentage that deals with the real world must be taken into account. The consensus of the Board was that it needed a little more time to address this matter. Mr. Bradbury suggested placing this matter on the agenda for the September 23, 2003 meeting. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the public hearing was closed. Board of Trustee Meeting August 26, 2003 Page 11 of 26 TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. CONSIDERING TWO PROPOSED LOCAL LAWS TO AMEND CHAPTER 250, ZONING, TO REGULATE: a) Building Bulk in residential districts and miscellaneous minor editorial modifications Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO A LOCAL LAW TO AMEND CHAPTER 250,ZONING, CONCERNING REGULATION OF BUILDING BULK IN RESIDENTIAL DISTRICTS AND MISCELLANEOUS MINOR EDITORIAL MODIFICATIONS WHEREAS, the Board of Trustees is considering a local law to amend Chapter 250, Zoning, of the Code of the Village of Rye Brook to regulate building bulk in residential zoning districts R2-F, R-5, R-7, R-10, R-12, R-15, R-15A and R-20 and to edit the Village Code unrelated to building/bulk to correct a reference error and clarify existing regulations regarding parking and entrances of accessory uses in the R2-F district; 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, the proposed local law was referred to the Village of Rye Brook Planning Board, Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison and the City of Rye for review and comment; and WHEREAS, no comments were received from the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison and the City of Rye; and Board of Trustee Meeting August 26, 2003 Page 12 of 26 WHEREAS, by resolution dated July 24, 2003, the Village Planning Board recommended referral of the proposed local law to the Architectural Review Board for review and comment and 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 Planning Consultant to make revisions and modifications; and WHEREAS, on August 26, 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, finds 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 has prepared a full Environmental Assessment Form; and WHEREAS, the Village Board after due deliberation, finds that such local law will not result in any significant adverse environmental impacts, 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 BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law 911-2003. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE b) Impervious Coverage in residential districts Board of Trustee Meeting August 26, 2003 Page 13 of 26 Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK CONCERNING REGULATION OF IMPERVIOUS COVERAGE IN RESIDENTIAL DISTRICTS WHEREAS, the Board of Trustees is considering a local law to amend impervious coverage in residential zoning districts R2-F, R-5, R-7, R-10, R-12, R- 15, R-15A and R-20; 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, the proposed local law was referred to the Village of Rye Brook Planning Board, Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison and the City of Rye for review and comment; and WHEREAS, no comments were received from the Westchester County Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester, the Town/Village of Harrison and the City of Rye; and WHEREAS, by resolution dated July 24, 2003, the Village 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 Planning Consultant to make revisions and modifications; and WHEREAS, on August 26, 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, finds it in the best interest of the Village to adopt such a local law; and Board of Trustee Meeting August 26, 2003 Page 14 of 26 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 has prepared a full Environmental Assessment Form; and WHEREAS, the Village Board after due deliberation, finds that such local law will not result in any significant adverse environmental impacts, 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 BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law 912- 2003. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING NO TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked for a Work Session prior to the September 23rd Board of Trustee meeting. Mr. Bradbury noted that he would be arranging this meeting. The suggested dates were September 17d' and 23rd Mayor Filipowski called for the next public hearing: 3. CONSIDERING REPEALING CHAPTER A257 OF THE VILLAGE CODE REGARDING THE LICENSE AND PERMIT FEE SCHEDULE Mr. Bradbury summarized this issue for the Board. The fees are noted throughout the Code. These fees are now proposed to placed on a fee schedule, keeping all the fees in one place. Mayor Filipowski called for comments from the members of the public and the Board of Trustees. There being no comments, he requested a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Harris, the public hearing was closed. TRUSTEE GOODMAN ABSENT Board of Trustee Meeting August 26, 2003 Page 15 of 26 TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the resolution on the above matter. 3. CONSIDERING REPEALING CHAPTER A257 OF THE VILLAGE CODE REGARDING THE LICENSE AND PERMIT FEE SCHEDULE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO REPEAL CHAPTER A257 AND AMEND ALL REFERENCES THERETO IN THE VILLAGE CODE AND ADOPTING A UNIFORM LICENSE AND PERMIT FEE SCHEDULE WHEREAS, the Village of Rye Brook has requested that Chapter A257 of the Village Code be replaced by a Uniform License and Permit Fee Schedule to be kept on file in the Village Clerk's office; and WHEREAS, a proposed local law was introduced to repeal Chapter A257, Fees of the Code of the Village of Rye Brook and to amend all references thereto in Chapters 47, 70, 87, 90, 107, 113, 121, 162, 170, 174, 178, 180, 192, 196, 209, 215, 219, 224, 235, 245, and 250 of the Code of the Village of Rye Brook and to replace such language with references to the License and Fee Schedule which is to be kept on file in the Village Clerk's office; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on August 26, 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; 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" Board of Trustee Meeting August 26, 2003 Page 16 of 26 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 repeal Chapter A257 of the Code of the Village of Rye Brook and to amend all references thereto in Chapters 47, 70, 87, 90, 107, 113, 121, 162, 170, 174, 178, 180, 192, 196, 209, 215, 219, 224, 235, 245, and 250 of the Code of the Village of Rye Brook which amendments are enacted into law as Local Law 913-2003; and BE IT FURTHER RESOLVED that the attached License and Permit Fee Schedule is adopted; and BE IT FURTHER RESOLVED that a copy of said License and Fee Schedule shall be kept on file in the Village Clerk's office; 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 ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. SETTING A PUBLIC HEARING DATE TO CONSIDER EXTENDING THE INTERIM DEVELOPMENT LAW Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER EXTENDING THE INTERIM DEVELOPMENT LAW Board of Trustee Meeting August 26, 2003 Page 17 of 26 WHEREAS, the Village of Rye Brook Board of Trustees adopted Local Law 95-2002, entitled "Interim Development Law of The Village of Rye Brook", on August 12, 2002 to regulate for an interim period, the approval of subdivision plats, project development plans and special use permits in the R-12, R-15 and R- 20 Zoning districts and the Lincoln Avenue corridor; and WHEREAS, the Interim Development Law took effect upon its filing with the Secretary of State on September 20, 2002 and, by its terms, would have expired on March 20, 2003; and WHEREAS, the Board of Trustees extended the effective date of the Interim Development Law to July 8, 2003 by Local Law 94-2003 and further extended the effective date of the law to September 9, 2003 by Local Law 9 8- 2003; and WHEREAS, the Board of Trustees wishes to further extend the effective date of the Interim Development Law to December 23, 2003; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on September 9, 2003 at 7:30 p.m. at the Village Hall, Rye Brook, New York to consider amending the interim development law to extend its term to December 23, 2003; and BE IT FURTHER RESOLVED, that this local law shall be referred to the Village of Rye Brook Planning Board and the Westchester County Department of Planning. Trustee Santon questioned whether this matter needed to be referred to the Planning Board. Mr. Ward-Willis noted that the Planning Board could schedule a special meeting to review this matter. Trustee Santon asked what the Village hoped to accomplish by extending the Moratorium. Mr. Bradbury noted that this extension keeps all options open. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting August 26, 2003 Page 18 of 26 5. REFERRAL TO PLANNING BOARD TO CONSIDER A LOT MERGER APPLICATION AT 22 LINCOLN AVENUE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION REFERRING THE LOT MERGER APPLICATION OF KENNETH HELLER, 22 LINCOLN AVENUE, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Kenneth Heller is the owner of the premises located at 22 Lincoln Avenue and has made an application to the Village of Rye Brook pursuant to Section 250-6(A)(2) of the Village Code requesting a lot merger at the subject properties located at Section 1, Block 12, Lots 1B-2B-1B, 113-213-2 and 1B-2B-2S located in the R-12 Zoning District. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 10a of Local law. 95-2002, the Interim Development Law, the Village Board, in the exercise of its absolute legislative discretion, grants a variance from the application of the provisions of said Local Law for the sole purpose of considering this application; and BE IT FURTHER 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 lot merger 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, as modified herein, by reducing the written notification requirement radius to 250 feet and that such written notification refer to the Planning Board meeting and that in the future a meeting will be held to discuss this application by the Board of Trustees without reference to a date and that the sign required by Section 250-40 shall reference both the Planning Board and Board of Trustees meeting; and Board of Trustee Meeting August 26, 2003 Page 19 of 26 BE IT FURTHER RESOLVED, that the applicant is directed to deposit the sum of $2,500.00 with the Village to be used toward professional fees incurred during the review of this application. Mayor Filipowski asked Mr. Bradbury to review a request made by the applicant to reduce the notification distance. Mr. Bradbury noted that the applicant requested a less requirement from the notification law. Mr. Ken Heller, of 22 Lincoln Avenue, addressed the Board. The application is a request a merger of the properties. Since 1946 has been paying taxes on more property than the survey shows. A mistake was made on the tax maps. The tax maps reflect 1.968 acres when actually there are only 1.79 acres. The lot merger would correct the equity of taxes paid since 1946. Mr. Heller noted that there is no refund due to the applicant. He also noted that he had been holding this matter because of the Moratorium, but as the Moratorium was extended, he decided to move forward. At this time he was requesting a reduction in the area of notification, and clarification of how many times he would have to send out the notices. Mr. Ward-Willis suggested that the Board require a single notification for the Planning Board meeting and the Village Board meeting. Mr. Bradbury suggested that the notification should be made at the Planning Board level so that any objections or concerns can be addressed early on. Mr. Bradbury clarified that Mr. Heller was requesting two waivers: he first was for a 250 foot radius notification, and the second was for notification only at the Planning Board level. Mr. Heller noted that he has prepared the signage and it was ready to be installed on the property. Trustee Santon noted that the merger of two lots creates a larger lot. There is no construction proposed. He felt that that the sign notification must be modified for each and every meeting. Mayor Filipowski called for the consensus of the Board on this matter. After a brief discussion, the decision was made to require only one notification, at a distance of 250', for the Planning Board. No notification will be required for the Village Board Meeting. Mr. Ward-Willis modified the resolution to reflect both of the waivers. He noted that the Planning Board meeting was scheduled for September 18th. It was suggested that the public hearing be set for the end of September. Board of Trustee Meeting August 26, 2003 Page 20 of 26 On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted as amended. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. REFERRAL TO PLANNING BOARD TO CONSIDER A SITE PLAN APPLICATION FOR THE INSTALLATION OF A DRIVEWAY AND PARKING AREA AT 550 WESTCHESTER AVENUE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION REFERRING SITE PLAN APPLICATION FOR THE INSTALLATION OF A DRIVEWAY AND PARKING AREA AT 550 WESTCHESTER AVENUE TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, 550 Realty Corporation has made an application to the Village to install a driveway and to create 11 new parking spaces to serve the property at 550 and 548 Westchester Avenue, 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 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 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 notifications; and 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. Board of Trustee Meeting August 26, 2003 Page 21 of 26 Mr. Tom Ahnemann from the firm of J.A. Kirby addressed the Board. He noted that he was the representative for the applicant. He began his presentation by noting that Mr. Van der Wateren owns or controls Lots 46 and 49 on Westchester Avenue, also known as 548-550-552 Westchester Avenue. The proposal before the Board this evening was to improve parking on site for these two particular sites. The proposal includes a new curb cut onto Westchester Avenue. Also proposed is some regrading, and drainage to handle the increase of runoff from the additional impervious surfaces, reducing the runoff to a net zero runoff. This is a hardship situation. The smaller lot is currently non-conforming and has no parking on the site. Mr. Van der Wateren wants to improve safety, and provide the required on-site parking spaces required by the Village. This parking area will be constructed of asphalt and turf block, a semi-impervious surface. Six parking spaces will be provided on 548 Westchester Avenue, which has a two-family dwelling, by removing a portion of the existing driveway and a concrete slab in the rear. The applicant intends to connect the driveway to the new proposed driveway. There will be an easement for the smaller lot, 550-552 Westchester Avenue, over the larger lot for ingress and egress. New lighting schemes have been proposed, along with screening. The total site improvements will bring vehicles off the street. It was noted that this is a non-conforming property within the Village. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. REFERRAL TO THE PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 245, WETLANDS AND WATER COURSES OF THE CODE OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION REFERRAL TO PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION ON A Board of Trustee Meeting August 26, 2003 Page 22 of 26 LOCAL LAW TO AMEND CHAPTER 245,WETLANDS AND WATERCOURSES, OF THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is considering a local law to amend Chapter 245, Wetlands and Watercourses, of the Code of the Village of Rye Brook; 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 underlined. 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 and the Advisory Council on Environmental Conservation for review and comment. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 8. REQUESTING THE REMOVAL OF CERTAIN PROPERTIES FROM THE BLIND BROOK SANITARY SEWER DISTRICT Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION REQUESTING THE REMOVAL OF CERTAIN PROPERTIES FROM THE BLIND BROOK SANITARY SEWER DISTRICT WHEREAS, the Village of Rye Brook supports the removal of certain properties from the Westchester County Blind Brook Sanitary Sewer District; and WHEREAS, the Village of Rye Brook requests that Westchester County consider these properties for removal from the Blind Brook Sanitary Sewer District due to their distance from an available sewer line and/or the cost- prohibitive construction or maintenance costs to connect to the available sewer line; and Board of Trustee Meeting August 26, 2003 Page 23 of 26 WHEREAS, the Village of Rye Brook urges Westchester County to approve the removal of these properties from this sewer tax burden since the residents cannot reasonably utilize this municipal service. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby urges the Westchester County Board of Legislators to consider the removal of the following properties from the Blind Brook Sanitary Sewer District: Address: Section-Block-Lot(s): 944 King Street 129.60-1-45.0 952 King Street 129.60-1-46.0 (no street 9)King Street 129.60-1-44.0 30 Hillandale Road 130.77-1-10.0 22 Lincoln Avenue 135.65-1-30.0, 31.0 and 32.0 AND BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Santon questioned whether consent has been received from the individual property owners. Mr. Bradbury stated that consents have been received. He also noted that there could be other properties that may come up at a later date. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting August 26, 2003 Page 24 of 26 9. APPROVAL OF MEETING MINUTES: March 11, 2003, April 8, 2003, April 22, 2003, and May 13, 2003 Mayor Filipowski called for a motion to approve, as amended. On a motion made by Trustee Santon, and seconded by Trustee Harris, the summaries were adopted as amended. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG ABSTAINED TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that work is continuing on the Village's Firehouse site. The contaminated soil has been removed from the property and work is now progressing. The goals is to construct as much of the building as possible before winter. He noted that on September 9d' there will be a Memorial Garden Ceremony. He thanked the Parks Department that has worked very hard on getting this Garden in place, as well as residents who have made donations. The ceremony will be held at 6:00 p.m. Mr. Bradbury noted that the report has been submitted on the Hillandale water issues and the compost sites. The Village has been working with the Long Island Water Shed on a grant application. The consultant's study of King Street is underway. The background information is now being prepared. Trustee Santon reminded the Board that there was supposed to be an update on the Zoning Code Compliance issues. Mayor Filipowski suggested that this matter be scheduled for September 9d'. Trustee Santon questioned the matter of utility easement issues. He asked that they could be placed on the agenda for the September 23rd meeting. Board of Trustee Meeting August 26, 2003 Page 25 of 26 Mayor Filipowski noted that the next Trustee Meetings were scheduled for September 9, 2003 and September 23, 2003. This Board has decided to make available to the pubic the confidential memorandum submitted by the former Legal Committee in connection with the creation of the coterminous Town/Village dated June 17, 1993. This memorandum was created by the Rye Brook Legal Committee. Before reaching this decision, discussion took place with everyone involved and all concurred with this determination. The Village Attorney will update the memorandum, and it will also be available to the public. Mayor Filipowski reminded everyone that school starts next week. Ridge Street has become a speedway. All residents, and people traversing Ridge Street, must slow down. Many children will be walking to school. He asked that everyone be considerate. In addition, the police will be out paying close attention to the speeding on this roadway. Mayor Filipowski called upon members of the public wishing to address the Board. 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 August 26, 2003 Page 26 of 26