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HomeMy WebLinkAbout2002-08-13 - Board of Trustees Meeting Minutes SPECIAL/AGENDA MEETING VILLAGE OF RYE BROOK Board of Trustee Meeting Village Hall, 938 King Street Tuesday, August 13, 2002—7:30 p.m. AGENDA PUBLIC HEARING: • CONSIDERING A LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE CODE OF THE VILLAGE OF RYE BROOK TO CHANGE REFERENCES TO THE RECREATION AND PARKS COMMISSION TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLUTIONS: • ADOPTING A LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE "RECREATION AND PARKS COMMISSION" TO THE ADVISORY COUNCIL ON PARKS AND RECREATION. • ADOPTING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE RECREATION AND PARKS COMMISSION TO THE ADVISORY COUNCIL ON PARKS AND RECREATION. • AUTHORIZING ADOPTION OF A LOCAL LAW REGULATING, 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 WITHIN THE VILLAGE OF RYE BROOK. • ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, RUBBISH, AND REFUSE. • CALLING FOR A PUBLIC HEARING FOR THE CONSIDERATION OF THE APPLICATION OF AQUARION WATER COMPANY FOR A SITE PLAN APPROVAL, SECTION 1, BLOCK 4, LOT 5. Board of Trustees Meeting August 13,2002 Page 1 of 27 • APPOINTMENT OF ACTING BUILDING INSPECTOR. • AUTHORIZING USE OF VILLAGE STREETS FOR AMERICAN RED CROSS THANKSGIVING TURKEY DAY TROT. • APPROVING MEETING MINUTES: November 13, 2001: Regular Meeting April 23, 2002: Regular Meeting June 11, 2002: Regular Meeting June 25, 2002: Regular Meeting June 25, 2002: Garbage, Rubbish, and Refuse Work Session July 9, 2002: Dr. Lee Work Session July 23, 2002: Elm Hill Park Work Session • ANNOUNCEMENT OF MAYORAL APPOINTMENTS OF TRUSTEES TO ACT AS LIAISONS FOR BOARDS, COMMITTEES, AND COUNCILS. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: • STATUS OF PINE RIDGE/RED ROOF FARM BALL FIELD • VARIOUS PUBLIC WORKS IMPROVEMENTS AND MAINTENANCE PROJECTS. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustees meetings: August 27, 2002 and September 10, 2002 CONVENE Mayor Filipowski called the August 13, 2002 Board of Trustees Meeting to order at 7:30 p.m. BOARD: Mayor Francis Filipowski Trustee Jody Brackman Trustee Donald Degling Board of Trustees Meeting August 13,2002 Page 2 of 27 Trustee Carol Goodman Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assist. to the Village Administrator Ed Beane, Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer David S. Kvinge, RLA, AICP, Village Consultant Chief Robert Santoro, Police Chief Paula Patafio, Meeting Secretary Mayor Filipowski began the meeting with the introduction of a visiting member of the local government in Japan. Norio Uehara was in the United States observing how local governments conduct their meetings, paying close attention to the rules of Order and decorum. Norio Uehara thanked the Mayor and Board for allowing him the opportunity to be present at the meeting. Mayor Filipowski returned to the agenda, and called for the first item. PUBLIC HEARING: • CONSIDERING A LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE CODE OF THE VILLAGE OF RYE BROOK TO CHANGE REFERENCES TO THE RECREATION AND PARKS COMMISSION TO THE ADVISORY COUNCIL ON PARKS AND RECREATION. Mr. Christopher Bradbury, Village Administrator, noted that this Public Hearing was on a local law that changes all references from the Recreation and Parks Commission to the Advisory Council on Parks and Recreation. The Public Hearing was opened and Mayor Filipowski opened the floor to the Board and/or members of the public. There being no comments, Mayor Filipowski requested a motion to close the Public Hearing. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE Board of Trustees Meeting August 13,2002 Page 3 of 27 TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE Mayor Filipowski turned to the Resolution portion of the Agenda, calling for item 41: RESOLUTIONS: • ADOPTING A LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE "RECREATION AND PARKS COMMISSION AND PARKS COMMISSION" TO THE ADVISORY COUNCIL ON PARKS AND RECREATION. Mr. Bradbury read the following Resolution: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE "RECREATION AND PARKS COMMISSION" TO THE ADVISORY COUNCIL ON PARKS AND RECREATION WHEREAS, by Local Law 4-2002, the Board of Trustees of the Village of Rye Brook amended Article II of Chapter A258 of the Code of the Village of Rye Brook to reconstitute the Recreation and Parks Commission as the Advisory Council on Parks and Recreation; and WHEREAS, a local law was introduced to amend Chapters 1 and 170 of the Code of the Village of Rye Brook to change all references to the "Recreation and Parks Commission" to the "Advisory Council on Parks and Recreation"; 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 13, 2002, 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 that date; 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 Board of Trustees Meeting August 13,2002 Page 4 of 27 WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it 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 Chapters 1 and 170 of the Code of the Village of Rye Brook to change all references to the "Recreation and Parks Commission" to the "Advisory Council on Parks and Recreation", which local law is enacted into law as Local Law 9 9-2002; and BE IT FURTHER RESOLVED, that the Mayor and Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Mayor Filipowski asked for comments from the Board and members of the public. There was no discussion on this matter. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE • ADOPTING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO REDUCE THE NUMBER OF MEMBERS AND TO ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION. Mr. Bradbury read the following Resolution: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO REDUCE THE NUMBER OF MEMBERS AND TO ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION Board of Trustees Meeting August 13,2002 Page 5 of 27 WHEREAS, a local law was introduced to amend Local Law 4-2002 and thereby to amend Article II of Chapter A258 of the Code of the Village of Rye Brook to reduce the number of members and to adjust the terms of office of the members of the Advisory Council on Parks and Recreation; and WHEREAS, a duly noticed public hearing was opened with respect to the proposed local law at a meeting of the Board of Trustees of the Village of Rye Brook on July 9, 2002 and continued to July 23, 2002; WHEREAS, during the public hearing 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 July 23, 2002; 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 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 Local Law 4-2002 and thereby to amend Article II of Chapter A258 of the Code of the Village of Rye Brook to reduce the number of members and to adjust the terms of office of the members of the Advisory Council on Parks and Recreation, which local law is enacted into law as Local Law 9 8-2002; and BE IT FURTHER RESOLVED, that the Mayor and Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Mr. Bradbury noted that this Resolution was discussed at two prior meetings. This Resolution reduced the number of members and adjusted the terms of office for the members. Mayor Filipowski noted that this matter would be discussed at an Executive Session following the meeting. Board of Trustees Meeting August 13,2002 Page 6 of 27 On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE • AUTHORIZING ADOPTION OF A LOCAL LAW REGULATING, FOR AN INTERM PERIOD, THE APPROVAL OF SUBDIVISION PLATS, PROJECT DEVELOPMENT PLANS AND SPECIAL USE PERMITS IN THE R-12, R-15 AND R-20 ZONING DISRICTS AND THE LINCOLN AVENUE CORRIDOR WITHIN THE VILLAGE OF RYE BROOK. Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW REGULATING, 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 WITHIN THE VILLAGE OF RYE BROOK WHEREAS, a resolution was adopted by the Village Board of the Village of Rye Brook for a public hearing to be held by said Village Board to hear all interested parties on a proposed local law to enact a chapter of the code of the Village of Rye Brook entitled"Interim Development Law;" and WHEREAS, notice of said public hearing was duly advertised in The Journal News , the official newspaper of the Village of Rye Brook, in the manner prescribed by law; and WHEREAS, said public hearing was duly held at Village Hall within the Village of Rye Brook, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Proposed Local Law, or any part thereof, and Board of Trustees Meeting August 13,2002 Page 7 of 27 WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act determination 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 Village Board of the Village of Rye Brook after due deliberation, finds it in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby adopts Local Law No. 6-2002, entitled "the Interim Development Law," a copy of which is annexed hereto and made a part of this resolution and be it further RESOLVED, that the Village Clerk be and hereby is authorized and directed to enter said Local Law in the minutes of this meeting and to give due notice of the adoption of said local law to the Secretary of State of New York within the time required by law. Attorney Linda Whitehead addressed the Board. Ms. Whitehead noted that Mr. Peter Hoffinan currently has a subdivision Application before the Board. She stated that she submitted a letter to the Board, which unfortunately had not yet been received by the Board. She stated that she was confused as this was the third time she was before the Board discussing the issue of the Moratorium. Attorney Whitehead felt that the decision to pass the Moratorium, and not exempt a pending Application was unfair, especially since there is only one such Application. Although Mr. Hoffman believes that he would be eligible for a waiver, he feels that it would be impossible to meet the standards. She felt that it would be unfair and inequitable to further delay the review of Mr. Hoffinan's Application. She felt that the minutes of the July 9, 2002 Board of Trustees meeting clearly reflected the intent to complete the review of the Hoffman subdivision prior to adopting the Moratorium. That was an alternative to exempting pending Applications. Ms. Whitehead felt that Mr. Hoffman's plans have been reviewed, and that the Village's consultants are satisfied with the results of their review. The storm water plans, and retention of storm water on site, show an improvement and the construction of this one house would not cause any further problems or add to the drainage issues in the area. Attorney Whitehead stated that she was before the Board once again requesting that pending Applications be exempt. She noted that the Hoffman Application was submitted prior to the matter of the Moratorium being raised. This is the only pending Application that would be exempted by such a provision. The Applicant has Board of Trustees Meeting August 13,2002 Page 8 of 27 devoted time, money, and effort towards this Application, without having any idea that there might be a Moratorium. This is a fairness and equity issue. Mr. Bill Laufer of Loch Lane addressed the Board. He noted that his attorney submitted a memorandum to the Board on August 12, 2002. As the Board had not received the letter, Mr. Laufer read the memo into the record. It was noted that the Laufer's have a legal easement on the property dated August 22, 1967. This gives Mr. & Mrs. Laufer rights with respect to drainage and sewer lines crossing the Hoffinan property. As drainage is serious problem in the area of this development, the Laufers are concerned that the proposed subdivision will interfere with their ability to provide for proper drainage from their property. The proposed subdivision shows the building to be constructed over pipes, which now service the Laufer property. Mr. Laufer requested that this property be included in the proposed Moratorium by the Village of Rye Brook. Mr. Laufer stated that Mr. Hoffinan was aware of the proposed Moratorium before applying for the subdivision. He pointed out that the application is conceptual in nature and far from finished. The moratorium will touch on many issues that will effect this application and, therefore, there should be no rush to approve the application, but rather it should be included in the moratorium. Trustee Brackman noted that there has been a strong connection between the proposal of the Moratorium and a strong neighborhood effort to prevent the subdivision. She pointed out that the subdivision was not the subject of the Resolution before the Board at this meeting. The moratorium is about preserving the open space within the Village and not about stopping one subdivision. She did feel that it would be unfair to enact a moratorium with a pending application. The Hoffinan application should stand, or fall, on its own abilities. Without the exception for pending applications, Trustee Brackman stated that she would be voting against the moratorium. She also noted that the Village's Planner was asked to look at the Village's Code and work on changes in the Zoning Law as an alternative to the moratorium. Trustee Santon noted that the Moratorium has been before the Board for over one year. It has now been pared down to a much more fundamental land use scope. He pointed out that Mr. Hoffman had taken an approximate six-month hiatus in presenting documentation. Furthermore, he failed to show up at a continuation of the Public Hearing in February, and failed to bring his consultants to another meeting. Everyone is aware that this Applicant has his property under contract and it is his understanding that this contract is not subject to obtaining subdivision approval and that the property buyer will take the property, with no subdivision in place. The Village's Counsel has stated that carving out exceptions to the moratorium is not a good idea. Trustee Santon asked that the Board move forward with their planning for the Village. He felt that the moratorium should Board of Trustees Meeting August 13,2002 Page 9 of 27 move forward, and stated that he was looking forward to moving on with planning for the Village, and proceeding with proactive work for the betterment of all residents. Trustee Goodman noted that she was not on the Board a year ago. She was aware that the moratorium had been put off in order to give applicants additional time to complete their proposals. Mr. Hoffinan has been given every opportunity to be on the agenda before the resolution for the moratorium. She felt that the applicant had full knowledge that the moratorium was scheduled for this meeting. She stated that the appeals section of the proposed moratorium was confusing for her, but she did note that Mr. Hoffinan would have the option of applying for a waiver. Ms. Adrienne Wesley, of Beechwood Boulevard, addressed the Board. She noted that one purpose of the moratorium is to preserve open space. Another is to stop the overcrowding of the school district. She pointed out that the Hoffinan subdivision is proposed in an area that is already problematic. As the issue of the moratorium came up before the Hoffinan spplication, she felt that the Village Board should move forward and protect the Village as a whole. Ms. Rebecca Albrecht of 2 Hillandale Road addressed the Board. She noted that she hired an engineer back in October to review the problems in the area. The engineer has made many attempts to obtain information from Mr. Hoffman, but the applicant has not always been responsive. Many issues have remained outstanding for months and months. Discussions regarding the hardship to the applicant have taken place, but it is important to realize that there are hardships for the residents as well. She noted that the Planning Board, upon completion of their review, referred this Application to the Board of Trustees with many caveats. The Board of Trustees requested the County Soil and Water District to come in and look at this Application because it was aware that this Application has been full of issues from the beginning. This application puts the neighbors' land use rights at risk. Ms. Albrecht stated that there is an extensive drainage problem in this area that is the result of sloppy subdivisions and sloppy developments. The Village must work to protect the rights of all of its residents, and she asked that the focus of the Board be maintained. Trustee Brackman clarified that she did not say that she would approve the subdivision if it was before the Board to be approved, but that it would be unfair to cut off the applicant's ability to pursue his application by including his application in a moratorium. Trustee Santon added that at the last meeting there were three land use issues still raised regarding the Hoffinan Application. These issues are: restrictive covenants, the subdivision history, and the sewerage/drainage easement. He noted that the Laufer property and Hoffinan property are shown on the subdivision map of record Board of Trustees Meeting August 13,2002 Page 10 of 27 as being one lot. It would have been fair if the applicant's attorney had advised the Board of the easement, which was prepared by the office of Gioffre & Gioffre in 1967. In addition, Trustee Santon expressed his opinion that there is no economic hardship involved if the Applicant has a contract of sale and the Applicant will receive his proceeds. Mayor Filipowski turned to Mr. Ed Beane for a summary. Mr. Beane noted that he has been listening to the comments from the Board and the public. He reminded everyone that the moratorium is not connected to any subdivision. He knows because he drafted it. The Hoffman application can continue to proceed even if the moratorium is passed. The view that the moratorium is an automatic death sentence for this application is not accurate. The moratorium deals with land use issues, which far extends the area of the Hoffman property. Trustee Goodman questioned if the Applicant, under the appeal provision, has a different standard or a higher standard to reach in order to get a waiver. Mr. Beane responded that they do not have a higher standard, but rather a specific standard that gives them an admission ticket to continue the process. If what the applicant proposed was totally consistent with the Vision Plan, then that would be an issue that the Board of Trustees would have to consider in deciding whether or not to approve the subdivision. The standards here are normal, usual, and fairly broad. It is not a standard that no one can reach. The Board must decide whether or not this particular application qualifies for the standards. If it weren't for the pending applications there would not be an appeals section and they would not have to show economic hardship or consistency with the intent of the Master Plan. This is an additional standard, but not a higher one. Trustee Brackman expressed her concern because she thought that the burden was too high on an appeal. Mr. Beane noted that the Board has sole discretion with regard to the appeal process, meaning whatever the Board says if final. Within this, however, there is nothing that states that this application cannot pass. It is up to the Board to look at the application and decide whether or not it is consistent or not consistent. Trustee Goodman noted that it is clear that this applicant is not going away. The application will rise or fall on its own merits. In addition she felt that this application should not be a precedent for an appeal. Trustee Goodman discussed making a motion to amend Section 3 of the moratorium law to specifically exempt this Application, either without a date or by giving a specific end date at which time the exemption is dissolved. This application could be exempted for however long it takes, or you could not have an exemption and have it handled in the appeal process. Every application must stand on its own merits. Section 3 could be amended by putting in an end date or not Board of Trustees Meeting August 13,2002 Page 11 of 27 putting in an end date. Mr. Beane reminded the Board, however, that any amendment to this law would mean that the Board could not vote on the resolution at this meeting. The matter must be re-noticed and then put on the agenda for the next Board of Trustee meeting. Trustee Goodman then decided not to make any motion. Trustee Degling made a motion to adopt the resolution as read. It was seconded by Trustee Santon. TRUSTEE JODY BRACKMAN VOTING NO TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING NO TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE • ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, RUBBISH, AND REFUSE. Mr. Beane noted that the Law needed to be amended in order to accommodate the residents of the Rye Ridge Condominiums. Therefore, he asked that the consideration of this Local Law be adjourned. Trustee Santon asked how long this adjournment would be, noting that he felt it was unfair to stop the Village wide process for one group that the Board was earnestly trying to accommodate. He felt that the law should be passed and then it could be modified. There are no cost factors. Most of the regulations dealt with in the new law are dealt with in the old law. Mr. Bradbury noted that the delay would be a minimum of a month and pointed out that passing the Local Law and then amending it could be confusing in the future. On a motion made by Trustee Brackman, and seconded by Trustee Goodman, the Resolution was adjourned. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE Board of Trustees Meeting August 13,2002 Page 12 of 27 • CALLING FOR A PUBLIC HEARING FOR THE CONSIDERATION OF THE APPLICATION OF AQUARION WATER COMPANY FOR SITE PLAN APPROVAL, SECTION 1, BLOCK 4, LOT 5 Mr. Bradbury read the following Resolution: RESOLUTION FOR THE CONSIDERATION OF THE APPLICATION OF AQUARION WATER COMPANY FOR SITE PLAN APPROVAL SECTION 1, BLOCK 4, LOT 5 WHEREAS, Aquarion Water Company has made an Application to the Village of Rye Brook requesting Site Plan Approval for the installation of landscaping and a loop access drive in connection with the water booster station that was installed at the site as a condition of development of the Bellefair PUD; and WHEREAS, the subject area is ±0.6 acres in size (the subject area is an easement and not a separate parcel), is located on the south side of Anderson Hill Road approximately 220 feet west of the intersection of Anderson Hill Road and King Street, within the H-1 Hotel Zoning District, in the Village of Rye Brook, and is shown as Tax Lot Section 1, Block 4, Lot 5 on the tax assessors maps; and WHEREAS, the Application was referred to the Village Planning Board by the Village Board of Trustees on July 23, 2002, and the Village Planning Board, by resolution dated August 8, 2002, recommended approval of the site plan, subject to certain conditions; and NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a Public Hearing on Tuesday, August 27, 2002 at 7:30 pm at the Village Offices located at 938 King Street, Rye Brook,New York on the subject Application; and BE IT FURTHER RESOLVED, that the Clerk shall publish a notice of public hearing as required by law; and BE IT FURTHER RESOLVED, that the Applicant shall notify owners of all property within a radius of 250 feet from the property line of the subject parcel and the Doral Greens Homeowners Association, King Merritt Homeowners Association, Town of Greenwich Planning Department and all Board of Trustees Meeting August 13,2002 Page 13 of 27 homeowners abutting within 250 feet north of the subject right of way of Andersen Hill Road of the Application and the public hearing. The notice must be mailed by certified mail, return receipt requested, between 15 and 10 days prior to the public hearing. Proof of service along with the certified mail receipts and any return receipts received as of that date must be presented to the Village Building Department by Thursday, August 22, 2002. Mr. Mark Miller, representative for the applicant, addressed the Board. He questioned whether or not the notice process should only include New York properties. In addition, he noted that the requirement for a mailing is not contained within the Village Code or law. As this application is merely the landscaping of improvements that have been made, that applicant requested that the cost factor be kept in mind. . Mayor Filipowski asked if the 250-foot radius, which would reach the residents of the Doral Green homeowners, be required. The radius would include the Doral Green Homeowner Association, the Blind Brook Club, and several homeowners on King Street. Trustee Santon noted that the Board could list certain parties that should be noticed. He felt that the Doral Greens Homeowners Association could notify the homeowners. He also felt that it would be proper to notify the Town of Greenwich. He noted that all proposed work to be done will be a welcome improvement. Mr. David Kvinge suggested that the Board include the Doral Greens Homeowners Association in the notification, and also notify the Doral Greens residents most affected by the application. He suggested 250 feet from the right-of-way on Anderson Hill Road. Mr. Beane amended the resolution. The Town of Greenwich Planning Department and the King Merritt Homeowners Association were also included, as well as the homes within 250 feet of the northern portion of right-of-way on Anderson Hill Road. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE Board of Trustees Meeting August 13,2002 Page 14 of 27 MAYOR FRANCIS FILIPOWSKI VOTING AYE • APPOINTMENT OF ACTING BUILDING INSPECTOR Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF ACTING BUILDING INSPECTOR WHEREAS, the Building Inspector is on leave; and WHEREAS, the Village wishes to maintain the same level of service provided by this position. NOW, THEREFORE, BE IT RESOLVED, that Michael Izzo is hereby designated as Acting Building Inspector and BE IT FURTHER RESOLVED, that Michael Izzo, Acting Building Inspector, shall receive a monthly stipend of an additional $800.00 for the increased responsibility related to this position; and BE IT FURTHER RESOLVED, that this policy shall be effective and retroactive from July 24, 2002. Trustee Degling noted that the stipend referred to in the Resolution will be paid in addition to Mr. Izzo's regular salary. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted as amended. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE Board of Trustees Meeting August 13,2002 Page 15 of 27 • AUTHORIZING USE OF VILLAGE STREETS FOR AMERIAN RED CROSS THANKSGIVING TURKEY DAY TROT Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR AMERICAN RED CROSS THANKSGIVING TURKEY DAY TROT WHEREAS, the Westchester County Chapter of American Red Cross requests permission to hold its eleventh annual American Red Cross Thanksgiving Turkey Trot on Thanksgiving Day, Thursday, November 28, 2002 from 9:00 AM to 11:00 AM. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 28, 2002 from 9:00 AM to 11:00 AM along the route described in the letter dated August 1, 2002 from Lisa Keogh, Chief Development Officer for American Red Cross; and be it BE IT FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE • APPROVING MEETING MINUTES: November 13, 2001: Regular Meeting Board of Trustees Meeting August 13,2002 Page 16 of 27 April 23, 2002: Regular Meeting June 11, 2002: Regular Meeting June 25, 2002: Regular Meeting June 25, 2002: Garbage, Rubbish, and Refuse Work Session July 9, 2002: Dr. Lee Work Session July 23, 2002: Elm Hill Park Work Session As most of the Board members had not yet had a chance to review the summaries, a request was made to adjourn this item to the next meeting. • ANNOUNCEMENT OF MAYORAL APPOINTMENTS OF TRUSTEES TO ACT AS LIAISONS FOR BOARDS, COMMITTEES, AND COUNCILS Mayor Filipowski noted that the Board members have all been assigned Boards, Committees, and Councils as Liaisons. He read the following list of appointments for the Board members: Trustee Brackman Advisory Council for Parks and Recreation Blind Brook Board of Education Traffic Committee Trustee Degling Planning Board Tree Committee Telecommunications Commission Trustee Goodman Architectural Review Board Zoning Board of Appeals Airport Committee Trustee Santon Advisory Council on Environmental Conservation The Port Chester Board of Education Facilities Committee All Trustees have also been assigned to the Rye Brook Birthday Committee. Mayor Filipowski noted as the Board meetings move along, the Trustees will be asked to present reports on the Boards that they represent. He looked forward to beginning the reporting procedures at the next meeting. Board of Trustees Meeting August 13,2002 Page 17 of 27 Board of Trustees Meeting August 13,2002 Page 18 of 27 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: • STATUS OF PINE RIDGE/RED ROOF FARM BALL FIELD Mr. Bradbury noted that the summary of the site visit of June 22nd was forwarded to the Board for their review. He also noted that a landscaping plan has been received for consideration by the Board, and suggested a Work Session to review this plan. Trustee Degling noted that he has reviewed the planting plan. He felt that the landscape architect has done a good job. He did express his opinion, however, regarding spending money to move trees, which could possibly kill them. This new drawing shows additional trees to be planted between the existing evergreen trees and the property line. This will accomplish exactly what was going to be accomplished by moving the trees — the screening of Mr. Becker's property. He felt that the only issue to be discussed was whether or not the Village would like to have bushes planted around the 4' outfield fence. This would disguise the fence, and it would look attractive. This could be done at no cost to the Village as there was a donation made for the landscaping of this area. Mr. Bradbury responded that the landscape architect stated that the items on the plan have exceeded the amount donated for this project and that it would cost approximately an additional $5,000. Trustee Degling suggested that perhaps other items could be deleted from the plan in order to keep the project within the budget. If that fails, Trustee Degling suggested that the Village put in the amount necessary to cover the cost of planting the bushes. Mr. Bradbury suggested that the landscape architect be invited to a meeting to review the plan with the Board. The Board agreed. Trustee Santon reminded the Board that the donation of$5,000 was made to the Friends of Rye Brook Inc., which is a not-for-profit entity. He felt that using these funds for this project had not been discussed by its Board of Directors and he wanted to ensure that the conditions set forth by the donor were reviewed. The donor also requested that the donation be used to pay the landscape architect's fees. It concerned Trustee Santon that the planting is centered around certain outfield perimeters. He felt that the landscaping should be spread out throughout the park, versus trying to only accommodate several of the adjacent homeowners and give them the buffer that they want. He felt that the Board should give this matter careful consideration. Trustee Santon noted that the genesis of this item being placed on the agenda was to discuss the Board's site visit. Mr. Bradbury noted that the staff has discussed a split rail fence around the detention pond and at the rear of Mr. Telesca's property. The Red Roof developer may be asked to move the Board of Trustees Meeting August 13,2002 Page 19 of 27 existing perimeter fence to the property line, in left and center fields and improve the area. A walkway has also been proposed from Mohegan Lane near the tennis courts, along with installing permanent ground markers on the corners of the property. Mayor Filipowski noted moving the trees and fencing was also discussed. A resident, Mr. Mort Crandall -- the owner of the property directly adjacent to the field -- addressed the Board. He noted that Richard and Judi could not attend the meeting. He stated that the fence is an important issue, for safety reasons, as a buffer, and because of its historic value. Although the Board wishes to remove the fence, some of the residents are against removing it. He asked that any discussion and decision regarding the fence be set for a work session before the next meeting when the landscape architect could be in attendance to answer any questions that the residents may have. He felt that there were means to modify the fence, remove all safety concerns, and maintain the fence. He pointed out that this fence has existed approximately 30 years prior to 1972. This fence kept the sheep and goats, chicken and deer from coming onto the properties around it. He suggested that the Board move a little more slowly in removing this fence. It was also noted that Mr. Rich Rosenstein called the Mayor prior to the meeting to advise him that he was in Kansas City and was unable to attend. Trustee Goodman felt that this matter should be adjourned in order to allow the two neighbors interested in this matter the opportunity to discuss it with the Board. She felt that a work session would be appropriate. Trustee Degling agreed, and suggested a work session to be scheduled prior to the next meeting. As noted, the landscape architect would be invited to attend the Work Session. Mr. Tom Telesca, a resident of Red Roof Drive, addressed the Board. He requested supplemental landscaping between his property and the ball field He also requested additional landscaping in the area of the backstop. This additional landscaping has been discussed and he was looking for assurance that this was still on the plans. He noted that his issue with the fence is that it acts as a buffer between the park and the property line. He requested a buffer to keep people away from his property. Mr. Bradbury responded that this type of landscaping is a matter that the park staff needs to review. Trustee Brackman reiterated that a work session would be a good idea. She pointed out that the site walk was very informative. The safety issues raised by the abutting residents are worth considering. The safety of the children utilizing the field is much more important. The Parks Department had requested the removal of the fence to protect the children. It was her opinion Board of Trustees Meeting August 13,2002 Page 20 of 27 that the natural screening that was provided by the vines on the fence should have remained, but it was removed by one of the residents. Therefore, the screening is no longer an issue. She felt that everyone should be invited to the work session. Trustee Brackman also requested that Village's Counsel attend the meeting to give direction on encroachment by some of the residents. Trustee Santon noted that it was suggested that the fence be removed because it is old and rusted. He also pointed out that all that remains is a remnant of the fence that once went around the 22 acre Red Roof Farm property. The reason this fence is at issue, in his opinion, was because Mr. Crandall and Mr. Rosenstein have been lobbying the Village to have it remain. In addition, it was their lobbying that resulted in the Ball Field's orientation being flipped, after the Village had hired an architect to design it. Trustee Santon felt that it was unfair that these two residents are trying to stop the Village from claiming land that rightfully belongs to the Village by removing the fence. There is approximately 8' to 10' of Village property between the fence and the residents' property which needs to be reclaimed. This fence creates a false boundary. Mr. Telesca requested a buffer and did not receive it. The Parks Department has suggested removing the fence and re-grading the property. Trustee Santon felt that the safety of the children playing on this field needs to be first and foremost. He asked that the Village Staff, and Parks Department, attend the work session. Trustee Degling noted that the orientation of the ball field was set after consultation with a professional architect that specializes in designing ball fields. He felt that the discussion to be scheduled should include the fence, landscaping, and safety issues. Trustee Santon asked if there was an issue of adverse position that was of concern. Mr. Beane stated he would research this matter and provide an answer to the Board in an Executive Session. Mayor Filipowski asked for a motion to leave the fence and landscaping matter open for the proposed work session. Trustee Degling made a motion, which was seconded by Trustee Brackman. Mr. Bradbury suggested August 27th or September 10th for the Work Session. A work session will be held, with full public disclosure. Trustee Santon asked if the work session would be cablecast in the interest of full disclosure. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING NO Board of Trustees Meeting August 13,2002 Page 21 of 27 MAYOR FRANCIS FILIPOWSKI VOTING AYE Mayor Filipowski called for the next item for discussion: • VARIOUS PUBLIC PARKS IMPROVEMENT AND MAINTENANCE PROJECTS Trustee Santon noted that he asked that this item be placed on the agenda. He pointed out that it has been approximately one year since the Board's discussion of sidewalk policy, and noted that $80,000 was put into the Village's budget for sidewalks, along with an additional amount for roadway improvements. He felt that interaction needed to take place with the staff in order to come up with a list of priorities. There should be policy discussions and priorities set regarding roadway and sidewalk improvements. He pointed out that many of the sidewalks within the Village need to be repaired. For example, tree roots have pushed up sidewalk slabs on Betsy Brown Road, which create safety issues. Another issue to be discussed is the catch basins within the Village. He felt that flooding and drainage issues are directly tied into the maintenance of the catch basins. He stated that Mr. Bradbury had put together a wish list of proposed capital improvements. These items need to be discussed and prioritized. Discussion regarding maintenance of catch basins, roadways, and sidewalks should take place. These matters must be addressed, and he asked that this issue be put on an agenda or that a work session be scheduled to deal with this matter appropriately. Mayor Filipowski asked Mr. Bradbury to read through the list of items for the next meeting agenda: • Continuation of Public Hearing on Hoffman Subdivision • Resolution approving Teamsters Contract • Resolution considering additional information from Applicant and referring NEXTEL Cell Tower Application to Telecommunications Commission and Fire House Construction Committee • Appointments to remaining vacancies on various Boards, Commissions, and Committees • Approval of Minutes • Administrator's Update Board of Trustees Meeting August 13,2002 Page 22 of 27 Mr. Bradbury stated that the consideration of Garden Inn DEIS is due to come before the Board, however, the Applicant has requested that this matter be adjourned to September 10th. He also noted that K&M Bowman Avenue DEIS will be before the Board to discuss the Application pending for the Keyhole property. In addition, Dr. Lee's Application for an amendment to Site Plan and Special Use Permit is still pending. Also to be discussed is the Traffic Commission's recommendations regarding no parking areas on Tamarack Road and College Avenue. Mr. Bradbury also pointed out that a resolution declaring outdated municipal equipment as surplus for sale or disposal is upcoming, as is consideration to join other municipalities regarding GUARD (Tappan Zee Bridge). It was noted that there were two very big applications—the Garden Inn and K&M Bowman Avenue — being scheduled for the same meeting. Trustee Brackman suggested that the Garden Inn and K&M presentations should be separated and scheduled for different meetings. Mr. Bradbury agreed, scheduling the Garden Inn for September 10th, and K&M Bowman Avenue for September 24th. The Planning Board will be invited to attend these meetings for the presentations from both Applicants. Another matter to be placed on the agenda is the Airport De-Icing at Westchester County Airport. Westchester County would be making a presentation in September. Mr. Bradbury noted that the Aquarion Water Company will also be making a presentation with regard to their landscape plan on August 27th Mr. Dolph Rotfeld, who has completed his report on the Eastern Branch of the Blind Brook, is now working on the North section. He will be attending the August 27th Board meeting in order to make a presentation on his findings. Trustee Goodman noted that she has been receiving her package at 5:00 p.m. on Fridays. Once she has reviewed the package it is too late to place any items on the agenda because of the 72-hour rule. She felt that it is important that the residents know that their letters are received, read and addressed. She pointed out that there were letters regarding the Library that she would have liked to discuss at this meeting. She asked that the Trustees be allowed to discuss these type of matters at the following meeting. Trustee Brackman noted that the Board previously received mail two times a week. It has now been changed to once a week, for Fridays only. This is part of the problem with having items placed on the agenda. She felt that the Board should receive their mail twice a week. Mayor Filipowski Board of Trustees Meeting August 13,2002 Page 23 of 27 asked the opinion of the Board. As there was consensus these types of matters would be addressed at the meetings. Mayor Filipowski asked Chief Santoro to have someone from the Police Department address the matter of domestic violence. He felt that it would be a good idea to educate the public and steer them towards where they could get help. Chief Santoro noted that the Police Department is the referral service for domestic violence occurrence issues. He suggested that if a group within the Village was interested, they could invite an expert from the County level to come in and run some lectures. Trustee Santon questioned what was holding up the Dr. Lee application. This matter was adjourned again before the Zoning Board. Mr. Bradbury noted that there was a question of additional employees and the number of professionals. There is also an issue of Zoning Amendments. As the Applicant has asked to be placed on the next agenda for the Zoning Board, he felt that it would be inappropriate for the Board to act on this application. Mayor Filipowski agreed, pointing out that the applicant has chosen to go to the Zoning Board. Mr. Beane confirmed that the Zoning Board should act before the Board of Trustees could address the matter. If the Zoning Board decides to not grant the variance, then all other matters are moot. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC: Sergio Brasesco of Red Roof Farm addressed the Board. He stated that he had a memo for the Board regarding the guardrail issue, which directly effects Lots 3, 4, and 5 of the Red Roof Farm subdivision. The owners of these lots were never made aware of the fact that the developer intended on constructing these unsightly metal rails. These guardrails were included in the 1998 site plan, but the developer did not disclose this information to the homeowners. Recently the residents of Red Roof Drive have discovered yellow and orange paint marking the utility conduit lines, as the guardrails are scheduled to be installed soon. This matter only affects three families and, therefore, it cannot be understood why not installing guardrails would put the community at risk. Many things within this development have been sprung upon the residents, and this matter is another example. He asked that the Board and the Village assist these residents in dealing with this matter. Mayor Filipowski asked Mr. Carosi, Village Engineer, to address this matter. Board of Trustees Meeting August 13,2002 Page 24 of 27 Mr. Carosi pointed out that the guardrails were on the site plan approved in 1998. John Meyer Consulting has addressed this matter and a memorandum was prepared and submitted by Mr. Robert Aiello of John Meyer Consulting. It was their opinion that one of the guide rails on Birch Lane could be eliminated. They submitted an alternate for the end of Red Roof Drive. This is a sketch plan. Outside consultants for the Village will be retained to review this matter. The Building Department has not been advised that work will be commencing. These rails are on the plan, and permits have been granted, however, the developer must provide notification of construction 24 to 48 hours prior to the work beginning. The developer has indicated that he is reviewing alternative plans. Mr. Bradbury noted that if the developer decided to install the guardrails, they would be within their rights to do so. Mr. Beane stated that the Village could request that this work be deferred. This is a reasonable request. Mayor Filipowski requested that the Village submit a letter to the developer noting that the Village would like to be consulted prior to construction. Trustee Santon noted that some of the residents are also asking that the Village address the matter of a stop sign and stop line before the cul-de-sac at the westerly end of Red Roof Drive. This matter is not addressed in the site plan. Trustee Santon asked for a finite listing of all of the open issues regarding Red Roof Farm and that the developer be invited to come to a board meeting to discuss open issues. Mr. Beane felt that it would be helpful to have the developer included in these discussions. It was pointed out that there is a punch list for this subdivision, and an application has been made for a reduction in the bond. Everyone is looking to have this project completed. At this time, all homeowners have the use of their property. The Village has recently authorized the work on all of the lots, including Lot 26, regarding drainage work. Barry Cohen of North Ridge Street, from Red Roof Farm, addressed the Board. He asked that a date be set for the developer to complete all work. If this date is not met, then the bond should be pulled. Mr. Beane noted that pulling the bond is a long, drawn out legal process. The Village is attempting to get the developer to do the work without having to pull the bond. The drainage work on Lot 26 impacts everyone. The drainage work was necessary from day one. The developer should be held accountable, and these issues should have been resolved by this date. Mr. Beane noted that this developer will be held accountable, and will fulfill every obligation that needs to be performed. He noted that the Village is doing whatever it can to have the drainage problems corrected. The date of December 1, 2002 was set for completion of the drainage work, and substantial progress on all of the other outstanding issues. If this doesn't happen, the Village will take very affirmative, immediate action. Very substantial progress must be shown by that date. Mr. Carosi stated that he has received a letter from the developer's attorney requesting a bond reduction. There are open items that the Building Department will need counsel's Board of Trustees Meeting August 13,2002 Page 25 of 27 advice on. He will be forwarding a letter to the developer recognizing receipt of the modifications. Peter Silton of 46 Bonwit Road addressed the Board He noted that many residents are confused regarding the water restrictions. He noted that in Phase I, residents are allowed to water every second day. In Phase II, residents only allowed to water two times a week. The Village can determine which residents are following which Phase by the color of their lawns — green for Phase I and brown for Phase II. He asked for clarification regarding what Phase Rye Brook was under. Mayor Filipowski asked Mr. Bradbury to respond. Mr. Bradbury noted that the Village is under Phase I through Westchester County. The Connecticut restrictions are much stricter than Westchester County's restrictions. He noted that there are additional restrictions including the hours residents are allowed to water, and on which days they are allowed to water their lawns. He stated that even numbered houses were allowed to water on even days between the hours of 5:00 to 7:00 a.m. and 7:00 to 9:00 p.m. Odd numbered houses could water on odd numbered days. Mr. Bradbury would be placing this information on the Village's website and cable channel. Mr. Ben Miloro addressed the Board. He complained about the proposed dog park to be constructed in district four . This pocket park next to the Rye Ridge shopping center is the only bit of land in district four. He felt that it was unfair to make it into a dog park. He also asked that the Building Department be directed to replace a light bulb on the Hawthorne Avenue, which has been out for five weeks. It is on the pole located between #43 and #47. Several requests have been made by the residents, but the light has not been replaced. Mr. Carosi would look into this matter. Mayor Filipowski noted that an Executive Session needed to be scheduled for after the meeting. On a motion made by Trustee Degling, and seconded by Trustee Brackman, an Executive Session was scheduled. TRUSTEE JODY BRACKMAN VOTING AYE TRUSTEE DONALD DEGLING VOTING AYE TRUSTEE CAROL GOODMAN VOTING AYE TRUSTEE DEAN SANTON VOTING AYE MAYOR FRANCIS FILIPOWSKI VOTING AYE Board of Trustees Meeting August 13,2002 Page 26 of 27 Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for August 27th and September 10th There being no further business before the Board, the meeting was adjourned at 10:30 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk Board of Trustees Meeting August 13,2002 Page 27 of 27