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HomeMy WebLinkAbout2002-11-12 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,NOVEMBER 12, 2002- 7:30 PM 7:00 PM: EXECUTIVE SESSION- Personnel& Litigation ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC HEARINGS: 1) Continuation of a Public Hearing in considering Con Edison's application for a variance from the Moratorium for Site Plan approval to make certain improvements located in the public right of way on Lincoln Avenue and Sunset Drive. 2) Continuation of a Public Hearing in considering Elisabet Carlson's application, 30 Lincoln Avenue, for a variance from the Moratorium to re- subdivide a parcel of land. REPORT: 1) Dolph Rotfeld Final Engineering Report on Eastern Branch of the Blind Brook. RESOLUTIONS: 1) Considering Con Edison's application for a variance from the Moratorium 2) Considering Elisabet Carlson's application for a variance from the Moratorium 3) Consideration of Dr. Lee's Special Permit and Site Plan Approval located on 62 Bowman Avenue 4) Referring Special Use Permit application for 566 Westchester Avenue to the Planning Board and setting a Public Hearing date 5) Adopting a local law to amend Chapter 135 of the Village Code concerning Garbage, Rubbish and Refuse Board of Trustees November 12,2002 Page 1 of 29 6) Setting Date for a Public Hearing on a Local Law to amend the Village Vehicle and Traffic Law concerning parking on Fairlawn Parkway 7) Setting Date for a Public Hearing on a Local Law to amend the Village Vehicle and Traffic Law concerning parking at Garibaldi Park 8) Setting date for a Public Hearing on a Local Law to amend Chapter 235 of the Village Code, to change the number of members on the Tree Committee 9) Approving transfer for 2003 ambulance budget 10) Authorizing creation of the Rye Brook Clean and Green Committee 11) Canceling regularly scheduled Board of Trustees meeting on December 24, 2002 12) Approving Meeting Minutes: February 19, 2002 (Board of Assessment Review Hearing) February 19, 2002 (Board of Trustees Special Meeting) November 27, 2001 (Regular Meeting) July 23, 2002 (Regular Meeting) September 10, 2002(Regular Meeting) September 10, 2002 (Work Session-Pine Ridge/Red Roof Farm Ball Field) September 24, 2002 (Regular Meeting) DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) Establishment of Recreation zone near Andersen Hill Road 2) Roadway/Sidewalk improvement projects for the 2002-2003 fiscal year 3) Status of various projects involving Village owned properties/parkland 4) Status of various home occupation/special permit compliance matters DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustees Meetings: November 26, 2002 and December 10, 2002 Board of Trustees November 12,2002 Page 2 of 29 CONVENE: Mayor Filipowski called the meeting to order at 7:38 p.m. with the Pledge of Allegiance. BOARD: Mayor Francis Filipowski Trustee Donald Degling Trustee Carol Goodman Trustee Dean Santon Excused: Trustee Jody Brackman STAFF: Christopher Bradbury, Village Administrator Connie Di Salvo, Assistant to the Village Administrator David Kvinge, Village Consultant Ed Beane, Village Counsel Paula Patafio, Meeting Secretary Mayor Filipowski noted that the Con Edison's application has been taken off the agenda because the individual that was scheduled to make the presentation was ill. Tied to the anticipated completion of the Public Hearing, the Resolution regarding this matter was also placed on the agenda. As a result, the Mayor asked for a motion to adjourn. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the matter was adjourned. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski noted that item 92 would be postponed to the end of the meeting as the representative for the applicant had not yet arrived. He also noted that the Report from Dolph Rotfeld on the Eastern Branch of the Blind Brook would be heard later in the meeting, upon the arrival of Mr. Rotfeld. Mayor Filipowski called for item 93 under Resolutions on the agenda: 3) CONSIDERATION OF DR. LEE'S SPECIAL PERMIT AND SITE PLAN APPROVAL LOCATED ON 62 BOWMAN AVENUE Mr. Bradbury summarized the application before the Board. Dr. Lee's application is for the construction of an addition of 2,463 square feet, an extension to the parking area, changes to the lighting, and landscaping. The Village Board Board of Trustees November 12,2002 Page 3 of 29 forwarded the application to the Planning Board, who forwarded their recommendation to the Village Board. The Village Board held a Public Hearing. At this point the Board had a Resolution before them. Mr. Bradbury read the following Resolution: RESOLUTION AMENDED SPECIAL USE PERMIT AND SITE PLAN APPROVAL DR. LEE BUILDING EXPANSION 62 BOWMAN AVENUE WHEREAS, Dr. Myung-Ho Lee has made an application to the Village of Rye Brook for amended Special Permit and Site Plan for the construction of a 2,463-square foot addition to the existing 1,890-square foot building, reconfiguration and expansion of the existing parking area, installation of 3 light bollards, landscaping, and related site development activities; and WHEREAS, the ±0.42-acre property is located on the south side of Bowman Avenue approximately 450 feet east of the intersection of Bowman Avenue and South Ridge Street within the R2-F Two-Family Residential Zoning District, Tax Parcel Section 1, Block 23, Lot 4; and WHEREAS, the Village Board of Trustees has reviewed the information submitted by the applicant in support of the application, including a Short Environmental Assessment Form (EAF), a narrative description of the proposed expansion, and the following plans and documents: 1. Sheet P-1, "Survey for Lee Myung-Ho," dated 11/14/00, prepared by J.A. Kirby Company, Port Chester,New York; 2. Sheet SP-1, "Site Plan," dated 3/20/02, last revised 4/23/02, prepared by Arconics, Rye Brook,New York; 3. Sheet SP-2, "Site Details," dated 3/25/02, last revised 4/23/02, prepared by Arconics, Rye Brook,New York; 4. Sheet A-1, "First Floor Plan," dated 3/18/02, last revised 4/23/02, prepared by Arconics, Rye Brook, New York; 5. Sheet A-2, "Second Floor Plan," dated 3/18/02, last revised 4/23/02, prepared by Arconics, Rye Brook,New York; 6. Sheet A-3, "Front Elevation," dated 3/15/02, last revised 4/23/02, prepared by Arconics, Rye Brook,New York; 7. Sheet A-4, "Right Side Elevation," dated 3/15/02, last revised 4/23/02, prepared by Arconics, Rye Brook,New York; Board of Trustees November 12,2002 Page 4 of 29 8. Sheet A-5, "Left Side Elevation," dated 3/18/02, last revised 4/23/02, prepared by Arconics, Rye Brook,New York; 9. Sheet A-6, "Rear Elevation," dated 4/3/02, last revised 4/23/02, prepared by Arconics, Rye Brook, New York; 10. A report titled dated January 22, 2002, prepared by Adler Consulting, White Plains,New York; 11. A petition signed by neighbors and patients of Dr. Lee endorsing the proposed application; WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on November 13, 2001; and WHEREAS, the Village Planning Board discussed the application at open meetings on December 13, 2001, February 14, 2002, March 14, 2002, and May 9, 2002, at which time members of the public were given the opportunity to be heard, and the Planning Board recommended approval of the application, subject to certain conditions, by resolution dated May 9, 2002; and WHEREAS, the Village of Rye Brook Vision Plan encourages the location of commercial uses within areas such as this portion of Bowman Avenue to enhance the existing commercial uses and create a commercial corridor and a sense of a commercial downtown area; and WHEREAS, the Village Board of Trustees, during the review of the application, considered the following: • The nature and intensity of the proposed use and potential impacts to adjacent residential properties including lighting, landscaping, architectural design, and community character; • Traffic considerations, including the amount of parking provided, adequate ingress and egress from the site, sight lines and turning movements at South Ridge Street; and WHEREAS, a duly advertised public hearing was held on October 8, 2002, at which time members of the public were given the opportunity to be heard; and WHEREAS, the Village Board of Trustees is familiar with the site and surroundings and the details of the application. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby denies the requested amended Special Permit and Site Plan approvals for the following reasons: Board of Trustees November 12,2002 Page 5 of 29 1. The proposed number of professionals and total number of employees at the site will exceed the maximum permitted by the zoning code and prior approvals for the property. 2. The property's current non-compliance with several conditions included in the October 12, 1999 Amended Special Use Permit; and 3. The significant increase in impervious surface area that will result from the proposed site plan modifications, including but not limited to the proposed increase in paced areas; and 4. The proposed modification to the building may exceed the maximum height permitted by the zoning code; and 5. The subleasing of a portion of the premises to two (2) unconnected professional businesses. Bruno Gioffre, Esq., of the firm of Gioffre & Gioffre, addressed the Board as the legal representative for the applicant. He noted that there was a matter before the Zoning Board of Appeals regarding the number of professionals and employees allowed within the building. He felt that the applicant was being given mixed signals. The applicant asked that the matter before the Zoning Board be postponed in order to see the outcome of the Resolution being considered by the Board of Trustees. Mr. Gioffre pointed out that, as requested and stipulated in the Special Use Permit granted to Dr. Lee, a fully executed covenant prohibiting any subdivision of the property was signed. Mr. Gioffre respectfully requested that the Zoning Board be allowed to deal with the application, and felt that this matter the Board of Trustees should not act upon this resolution at this time. Mayor Filipowski, consulted with Village Counsel, and responded that it was appropriate for the Board of Trustees to hear this matter. He asked if there were any members of the public who wished to address the Board in support or opposition to this application. Mr. Lou Fuller of Bowman Avenue addressed the Board. He noted that everyone within the Village is worried about their quality of life, and the effect that subdivisions have on property values. It is important to not infringe on the rights of one's neighbors, and the Zoning Code is in place to protect the residents. The Zoning Code clearly calls for two professionals, and Dr. Lee has admitted to already having three professionals. He suggested that Dr. Lee not include the lawyer and podiatrist as tenants. In this way he could expand his practice with out the necessity of the addition which will clearly affect the character of the neighborhood. It is a fact that doctors are seeing more and more patients. This increase in patients causes an increase in traffic. It is important to note that Dr. Board of Trustees November 12,2002 Page 6 of 29 Lee has proposed 12 workers and 16 parking spaces. Clearly four spaces are insufficient for the professionals that will be leasing space from Dr. Lee. This means that patients will be forced to park on Bowman Avenue, an already congested thoroughfare. Trustee Santon felt that the resolution was inadequate, pointing out that the issue is not what the Zoning Code will or will not allow but more importantly the underlying site plan, and non-compliance issues. The original Special Use Permit granted to Dr. Lee in 1999 had nine conditions. It has been discovered that at least four of these conditions are not in compliance. The Zoning Code limits the number of professionals to two, and the Special Use Permit granted to Dr. Lee has the exact same limitation. This matter is very appropriate for the Board of Trustees to pass judgment upon as the conditions that were placed upon the 1999 Special Use Permit by the Board of Trustees were not adhered to. The other matters include the grasscrete that was to be installed which was replaced with asphalt; the amount of impervious surface which was increased contrary to the approved 1999 Site Plan and 1999 Special Use Permit; and the handicap ramp which became a structure. Now Dr. Lee is asking to increase the amount of impervious surface to approximately 75% of the property. A Special Use Permit is a privilege not a right. Non-compliance should not be rewarded. Trustee Santon expressed his concern of the environmental impact of this application, and the intensity of the use of a commercial use within a residential zone. He also brought up the issue of a lack of evidence of the easement of a shared driveway between 62 and 66 Bowman Avenue. He asked the Board to consider the site plan, physical, intensity, and occupancy issues. Trustee Santon noted that it was recently discovered that the property was transferred in May 2002 from Dr. Lee to Sound Shore Properties LLC. Although the Board has been informed that this company is owned by Dr. Lee, the applications should be amended as the ownership has changed. Trustee Santon also noted that the proposed 2.5 story height of the proposed new structure exceeds the maximum height of the stories as set forth in Section 250-25G of the Village Code. Mayor Filipowski asked for a motion to expand the reasons for denial of this application to be more encompassing and to include Dr. Lee's non-compliance with the approved Special Use Permit. The resolution as written shows the numbers as being wrong, but it needs to be broader. Mr. Bradbury was asked to re-word the resolution. Mr. Beane agreed that it would be appropriate to include the comments made by Trustee Santon. Mayor Filipowski noted that there are multiple problems related to this application. Mr. Beane stated non-compliance with the Zoning Code and Special Use Permit, including the height of the building, impervious surfaces, the adverse impact to the environmental, the number of professionals, which include specialties that do not have anything to do with Dr. Lee's practice, should all be Board of Trustees November 12,2002 Page 7 of 29 included in the resolution. Trustee Goodman agreed, and asked that these matters be inserted into the resolution. Mr. Beane suggested that a separate "Whereas" clause be inserted into the Resolution, as follows: WHEREAS, in addition to the prior concerns set forth in this Resolution, the Village Board continues to have concerns with respect to the non-compliance with the prior Site Plan approval and prior Special Use Permit approval; environmental concerns, with the application, particularly involving the amount of impervious surface area and the height of the building as proposed, and Zoning concerns as to whether or not a 2-1/2 story proposed addition is consistent with current Zoning; and the use by professionals and non-professionals who appear to be not connected with Dr. Lee's specialty. NOW THEREFORE BE IT RESOLVED, that for all the above reasons, particularly with the various Whereas clauses, the Board of Trustees hereby denies the request to amend the Special Use Permit. Trustee Santon noted that the section of Code that deals with the maximum height of a building allowed in an R2F Zone is located in Section 250-25(G). Trustee Santon also requested that information regarding the easement be supplied by the applicant. Mr. Beane stated that the applicant has received a copy of all of the outstanding issues. On a motion made by Trustee Santon, and seconded by Trustee Degling, the Resolution was approved as amended. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Upon the arrival of Judge Provenzano, the representative for the applicant, Mayor Filipowski moved back to Public Hearing item 92: 13) CONTINUATION OF A PUBLIC HEARING IN CONSIDERING ELISABET CARLSON'S APPLICATION, 30 LINCOLN AVENUE, FOR A VARIANCE FROM THE MORATORIUM TO RE-SUBDIVIDE A PARCEL OF LAND Board of Trustees November 12,2002 Page 8 of 29 Mayor Filipowsi opened the Public Hearing. Anthony Provenzano, Esq. addressed the Board. He noted that his client has had discussions with the Board in May and June. Ms. Carlson is looking to sell the rear portion of the property to her neighbor. This neighbor is looking to purchase the property which will give them an unobstructed view of the Blind Brook. Subsequently, a contract was entered into to sell this portion of the property. The Moratorium was adopted on August 130i. By that time, the paperwork for the sale of the property were completed. The applicant was aware that there was a pending moratorium, but was unsure of the specifics until the resolution was adopted. The hardship on Ms. Carlson is financial in that her money is tied to the sale of the property. There will be no change to the area and there are no plans for development on the property. In fact, this subdivision does not create a buildable lot. The applicant has proposed wetland mitigation to the wetlands on this property that run along the Blind Brook. The Moratorium by its nature is a delay, meaning that the applicant may have to wait until February, or maybe longer to complete the sale. Mr. Provenzano noted that looking at other municipalities, moratoriums have a way of being extended, which would increase the burden on his client. Trustee Santon clarified that due to a filing problem, the Moratorium took effect on October 3rd, meaning that it would not expire until April 3rd. He stated that this is an application for a waiver from the moratorium and that it appears that the Planning Board went beyond that and reviewed the substance of the underlying subdivision and site plans. The Planning Board felt that there were some environmentally sensitive portions of this property. There is also a concern regarding the impact on the Brook, as well as the impact on the streetscape of the area. He felt that an opportunity loss is not a hardship under the appeals section (Section 10) of the Moratorium Law. Judge Provenzano noted that his client would receive a higher profit by selling this property separate from the parcel that the house is on. He reiterated that his client's wealth is tied up in the property and not being able to complete the sale until perhaps April creates a financial hardship. He felt that when the Moratorium was put in place this was not the type of application that concerned the Board. The Moratorium is meant to halt larger subdivisions with construction, and all the other issues that are tied to the construction. Trustee Santon felt that the real concern is to not have any development activity within the wetlands buffer of the Blind Brook. The rear portion is within the R12 Zoning District. Whether it is part of 30 Lincoln Avenue or 10 Deer Run it is still covered by the Moratorium. If subdivision approval is granted, no development should occur. He felt that this shift of property would not really be a cause of concern for the Village as long as the type of development that is prohibited by the Moratorium did not occur on the property while the moratorium is still in effect. Board of Trustees November 12,2002 Page 9 of 29 Judge Provenzano noted that 80% of this property is in the watercourse. In addition, as previously noted, the applicant has proposed wetland mitigation. Although Mayor Filipowski felt that this matter was outside the Moratorium, he wanted clarification from the Village's Planner. Mr. Kvinge was asked to address the Moratorium. Mr. Kvinge noted that the Moratorium did not intend to target this type of subdivision. The target is larger subdivisions and developments. It is also important to understand that this is not a final action on a subdivision and the process on this application would continue for a number of months. The changes to the Village Code can be incorporated into the review process of the subdivision. Trustee Goodman felt that in reviewing the appeals section of the Moratorium, and the spirit of the Village's Master Plan, passing a Resolution stating that the conveyance of the property could be done as long as there was no construction would not adversely affect the Village's plan. The purchaser must be made aware of the Moratorium. Mr. Beane stated that by granting the waiver the Village Board would be enabling the applicant to go through the subdivision process. This applicant is not being given any right, other than the right to move forward. This is a subdivision that does not create a new building lot and, therefore, there was no harm in granting the waiver. There is no possibility that anyone would buy this property with any misconception. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that the applicant has gone ahead and cut down the trees on the property. He felt that the applicant was doing things backwards. Judge Provenzano responded to Mr. Heller's comments, noting that it was his understanding that all the trees that were removed were done by permit. There were no violations issued by the Village. Trustee Santon clarified by noting that the contract vendee applied for permits to remove certain trees. On a motion made by Trustee Goodman, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees November 12,2002 Page 10 of 29 Mayor Filipowski called for the Resolution. 1) CONSIDERING ELISABET CARLSON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM Mr. Bradbury read the following Resolution: RESOLUTION GRANTING THE REQUESTED VARIANCE FROM THE MORATORIUM ELISABET CARLSON 30 LINCOLN AVENUE WHEREAS, the Village has received an application from Elisabet Carlson (the "Applicant") for subdivision of the existing parcel of land into two parcels, one of which is intended to be sold to the adjoining neighbor and is not intended to create a separate building lot; and WHEREAS, the subject parcel is ±0.78 acres in size, is located on the west side of Lincoln Avenue approximately 115 feet north of the intersection of Lincoln Avenue and Westchester Avenue, within the R-12 Residential Zoning District, in the Village of Rye Brook, and is shown as Tax Lot Section 1, Block 12, Lot 1 B 1-A-1 B 1 on the tax assessors maps; and WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that prohibits the Village from considering an application for properties located on Lincoln Avenue unless a variance from the moratorium is obtained in accordance with Section 10 of the Law; and WHEREAS, one of the purposes of the moratorium is to study additional regulations to protect environmentally sensitive lands such as wetlands, watercourses, steep slopes, and mature vegetation within the Village; and WHEREAS, the subject property borders the Blind Brook and contains areas of watercourses, wetlands, and steep slopes; and WHEREAS, the Village Board of Trustees has reviewed the information submitted by the applicant in connection with the application, including a Short Environmental Assessment Form(EAF), and the following plan: 1. "Reapportionment Map," last dated 7/31/02, prepared by The Munson Company, White Plains,New York; and Board of Trustees November 12,2002 Page 11 of 29 WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on October 8, 2002 and the Planning Board recommended against granting the requested variance, by resolution dated October 10, 2002; and WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the requested variance from the moratorium; and IT IS FURTHER RESOLVED, that the application proceed through the subdivision process during which the Planning Board and Village Board shall specifically focus on the fact that the property contains environmentally sensitive lands which may be subject to additional regulations and possible increases in setbacks, required buffers and other restrictions. Mr. Beane read the additional clauses. Mr. Bradbury asked that the matter be referred to the Planning Board. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the Resolution was adopted as amended. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Upon the arrival of Mr. Rotfeld, Mayor Filipowski called for the report on the Eastern Branch of the Blind Brook. REPORT: 1) Dolph Rotfeld Final Engineering Report on Eastern Branch of the Blind Brook. Mr. Dolph Rotfeld, Village Consultant, addressed the Board. He noted that a storm water analysis report was delivered to the Village. This study Board of Trustees November 12,2002 Page 12 of 29 incorporated the watershed of the East Branch of the Blind Brook. Mr. Rotfeld presented a map of the area to assist the Board in understanding the proposal he was submitting. One of the mitigation measures that has been proposed is the construction of a new storm water retention pond at the end of Edgewood. This small storm water retention basin would include a by-pass for the area behind the Loch Lane lots with a new storm drain coming down Loch Lane to the end of the circle (Beechwood Rotary). The channel improvement from the circle down to where it flattens out will discharge into the existing storm channel. By making this channel wider, the water will be disposed of faster. Next, Mr. Rotfeld reviewed the improvements suggested for the Betsy Brown area down to Ridge Boulevard. These improvements have been addressed in detail in the study submitted to the Village. Mr. Rotfeld noted that the system on Ridge Street is a County system, which eventually runs into the pond at Hidden Falls. There are plans for reconstruction for that system when the County does the renovation on Ridge Street. There were questions about putting in a priority system for improvements. These improvements have been outlined in the report, starting with the issues that are the most important. It is important that the storage improvements be made upstream. One of the first areas to be addressed is the Loch Lane area. The Phillips pond must be dredged, and the channel between the pond and Loch Lane needs to be realigned because it has been eroded. It is important to note that the amount of water coming down into the small area behind Loch Lane will be removed by this proposal, and piped from King Street, down Loch Lane, through the circle. In addition, a pond was eliminated on property behind Loch Lane that was used to catch and hold a lot of water but nothing was put into the plans to replace this pond when the two houses were constructed on this property. These improvements will result in an approximately reduction of flow at the rate of 11% to 19%. The cost of these improvements has been found to be reasonable. The plan at this time is to put the contract out for bidding. Mr. Rotfeld noted that the Village should budget approximately $800,000 for these improvements. Mayor Filipowski asked the Village's Engineer, Victor Carosi, Mr. Bradbury and Mr. Rotfeld to work together to implement these changes. Mr. Bradbury noted that the following Friday would be the deadline for the capital budget submission, and his goal was to incorporate as much of this work within the next several years as possible. Mr. Bradbury also noted that there were grant opportunities for the Village with regard to some of the larger projects. Board of Trustees November 12,2002 Page 13 of 29 Trustee Degling asked if this was put into the capital budget if it would have to be put into a time scale that works. This would mean committing the totality of the cost into the budget. Mr. Bradbury noted that grants that the Village has applied for call for matching funding. Trustee Santon noted that detention basin 91 is at the end of Edgewood Drive. This is a wooded lot, contiguous to the 1'/2 acres of Meadowlark Park property. Mr. Rotfeld stated that most of the detention basin would be on Meadowlark Park property. Trustee Santon asked for clarification of detention basin 92. Mr. Rotfeld noted that this catch basin would be located behind the proposed field, again on Village property. Trustee Santon noted that the Village owns a 2.685 parcel of land in that area. This is the area that the Village is looking to construct a soccer/football field on. Mr. Rotfeld noted that in the next phase he will be predicting a good site for the catch basin. It can be underground or it can be a surface retention basin. Garet Gordon of 3 StoneFalls Court addressed the Board looking for information on the Village's intent to alleviate problems at the Hidden Falls Pond. There is silt coming into the pond from the area above it. He asked that no future problems be created for this pond. Trustee Santon stated that no one wants to create problems at the Hidden Falls' pond. It was his understanding that the Red Roof Farm development caused some of these problems. He felt that the developer should be held responsible for paying for some of these improvements. Mayor Filipowski noted that currently there was litigation that Mr. Beane was dealing with. Mr. Rotfeld noted that one of the important issues regarding prevention is the implementation of the storm water management Phase II. The Village would have to adopt very strict ordinances regarding any disturbance of property one acre or greater. Mr. Rotfeld noted that many residents have supplied the Village with visual aids in the form of videos and photographs. Putting in catch basins, street sweeping, maintenance of streams, pipes and channels are all important issues to be addressed. These remedies will be costly with regard to maintenance, but these proposals needs to be implemented. The first step is the dredging of the Phillip's pond. Mr. Bradbury noted that quotes have been received for the dredging of this pond. This project is being considered for this year. Mayor Filipowski thanked Mr. Rotfeld for his report. Mayor Filipowski called for the next item on the agenda, under the heading of Resolutions: Board of Trustees November 12,2002 Page 14 of 29 4. REFERRING SPECIAL USE PERMIT APPLICATION FOR 566 WESTCHESTER AVENUE TO THE PLANNING BOARD AND SETTING A PUBLIC HEARING DATE Mr. Bradbury read the Resolution: RESOLUTION REFERRING SPECIAL USE PERMIT APPLICATION FOR 566 WESTCHESTER AVENUE TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK AND SETTING A PUBLIC HEARING DATE WHEREAS, 306 Fayette Avenue Realty, Inc. as contract vendee for the premises located at 566 Westchester Avenue, has made an application to the Village of Rye Brook pursuant to Section 250-25(C)(3) of the Village Code requesting a special use permit for the subject property located at Section 1, Block 20, Lots 1-16, 1-15 and 2-16, all located in the R-2F Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself lead agency for the review of the subject application for a special use permit and site plan approval; 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 Village of Rye Brook, Board of Trustees shall conduct a public hearing on Tuesday, November 26, 2002 at 7:30 p.m. at the Village offices located at 938 King Street, Rye Brook, New York on the subject application and the Clerk shall publish a notice of public hearing as required by law and the applicant shall notify owners of all property within a radius of 250 feet from the property line of the subject property 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 Friday November 22, 2002; and BE IT FURTHER RESOLVED, that the applicant deposit the sum of $2,500 to be used toward professional fees incurred during the review of this application. Board of Trustees November 12,2002 Page 15 of 29 Gregory Young, Esq. addressed the Board as the Vice President and Counsel for the purchasers of the property. He noted that the use proposed is very simple: a real estate management business involving real estate that is owned by his company. There is no retail or business traffic. There are six (6) employees, four of which are part-timers. There will be two professionals, with both professionals being in the same field. It is unlikely that both professionals will be at the premises at the same time. Trustee Santon stated that the Board received a memorandum from the Village Attorney on this matter. This property is one of the subject properties that the Village's Building Inspector, Mr. Gerety, had referred to in a July 2002 memo as an example of properties that may be in violation of the Village Code. Mr. Gerety had described this property as not having a Special Use Permit, having a mixed office use, having no Certificate of Occupancy, having an office with as many as 16 employees, and having no signage permit. This property is currently vacant, but the previous tenant was not in compliance. Trustee Santon requested a site plan. He noted a contract of sale, a survey, and an application for a Special Permit use was submitted, but no site plan. He also expressed concern regarding the parking situation. He felt that this commercial use in a residential zone required provisions for adequate on-site parking. Mr. Beane pointed out that this application did not ask for any site plan improvements. In fact, no changes have been made to the property since the original Special Use Permit was issued. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the Resolution was approved. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5) ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE AND RUBBISH AND REFUSE Mr. Bradbury read the following Resolution: RESOLUTION Board of Trustees November 12,2002 Page 16 of 29 ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, REFUSE AND RUBBISH WHEREAS, a local law was introduced to amend Chapter 135 of the Code of the Village of Rye Brook concerning the preparation and collection of garbage, refuse and rubbish within the Village; and WHEREAS, the adoption of the proposed local law is an unlisted action pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617; and WHEREAS, a duly noticed public hearing was held concerning the proposed law, at which time all those wishing to be heard were given the opportunity to be heard; BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF that was prepared for this local law, hereby adopts a Negative Declaration since the local law will not have a significant adverse impact upon the environment; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed local law to amend Chapter 135 of the Code of the Village of Rye Brook concerning the preparation and collection of garbage, refuse and rubbish in the Village, which amendments are enacted into law as Local Law 9 9-2002; 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. Minor modifications were made to the Resolution. Mr. Bradbury noted that the Public Hearing was held at a previous meeting. The Public Hearing was closed and the Resolution was now before the Board. On a motion made by Trustee Degling, and seconded by Trustee Santon, the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees November 12,2002 Page 17 of 29 6) SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING ON FAIRLAWN PARKWAY Mr. Bradbury read the following Resolution: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING ON FAIRLAWN PARKWAY WHEREAS, the Village of Rye Brook Traffic Commission has requested that parking be prohibited along certain portions of Fairlawn Parkway; and WHEREAS, a local law has been proposed to prohibit parking along certain portions of Fairlawn Parkway; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on November 26, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to add parking regulations concerning Fairlawn Parkway. Mr. Bradbury summarized the Resolution, noting that the Village's Traffic Commission recommended that there be no parking at this intersection, 50 feet in from North Ridge Street. Trustee Santon reminded the Board that the Traffic Commission was referred a number of matters by the Board of Trustees. He asked that more than one item be dealt with when setting Public Hearings. Trustee Goodman asked if this restriction was a safety issue. Mr. Bradbury noted that there is less parking available at the elementary school this year because a parking area that was in non-compliant was eliminated. This is a safety issue because there were concerns regarding site lines. Board of Trustees November 12,2002 Page 18 of 29 On a motion made by Trustee Degling and seconded by Trustee Santon the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7) SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING AT GARIBALDI PARK Mr. Bradbury read the following Resolution: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW TO ESTABLISH WINTER PARKING LICENSES FOR THE GARIBALDI PARK PARKING LOT WHEREAS, from November 15 to March 15 during the hours of 2:00 a.m. to 6:00 a.m. parking on Garibaldi Place is restricted to all-night, alternate side of the street parking, such that parking during these hours is only permitted on the north side of Garibaldi Place on Monday, Wednesday, Friday and Sunday and parking during these hours is only permitted on the south side of Garibaldi Place on Tuesday, Thursday and Saturday; and WHEREAS, the off-street parking lot servicing Garibaldi Park includes ten (10) parking spaces on the western side and ten (10) parking spaces on the eastern side; and WHEREAS, the parking lot servicing Garibaldi Park is closed and unused from 10:30 p.m. to 6:00 a.m.; and WHEREAS, certain residents of the Village of Rye Brook, who reside on or near Garibaldi Park, submitted a petition to the Village requesting that ten (10) of the parking spaces in the parking lot servicing Garibaldi Park be made available for all-night parking from November 15 to March 15; and WHEREAS, the Village Administrator, the Chief of Police, the Village Engineer, the Superintendent of Recreation, and the Seniors Coordinator have reviewed the request in the petition and have concluded that overnight parking in Board of Trustees November 12,2002 Page 19 of 29 the parking lot servicing Garibaldi Park from 10:30 p.m. to 8:00 a.m. will not unduly interfere with the operations or their respective departments; and WHEREAS, a local law has been proposed to amend Chapter 240 of the Code of the Village of Rye Brook to establish winter parking licenses that will allow the use of ten (10) parking spaces in the parking lot servicing Garibaldi Park between the hours of 10:30 p.m. to 8:00 a.m. from November 15 to March 15 each year. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on November 26, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to establish winter parking licenses that will allow the use of ten (10) parking spaces in the parking lot servicing Garibaldi Park from 10:30 p.m. to 8:00 a.m. from November 15 to March 15 each year. Trustee Santon noted that a memo was submitted to the Board by Village Administrator Bradbury covering a variety of topics related to this matter. He felt that approving this Resolution would set a precedent regarding the use of parkland. He also felt that the use of the parking lot would not help the parking situation, and that it would create an adverse situation for the residents adjacent to this parking lot. He noted that a number of the houses on Garibaldi were over crowded, thus creating the excess number of cars parking on the street. He felt that the problem needed to be addressed before a solution could be recommended. With regard to using the park parking lot for resident parking, he felt that this opened the Village up to a liability. Using this parking lot now means additional liability concerns, plowing the lots as soon as snow falls, and additional maintenance for the lot. Mr. Bradbury responded that the Village is aware that there were several issues that need to be addressed. Mayor Filipowski noted there have been questions about the use of this particular parking lot, as well as complaints from adjacent residents regarding over night parking. He felt that the neighboring property would be affected. He asked Mr. Bradbury to research ways to offset the cost to the Village, i.e., a permit fee. This area would have to be plowed quickly, and there would be a liability issue for the Village that needed to be reviewed by the Risk Manager. In addition, he noted that the A.J. Posilippo Center uses this parking area for functions. He felt that this additional parking would have an impact on the facility. Mayor Filipowski felt that the area needed to be evaluated. Mr. Bradbury noted that there are no functions at the Posilippo Center that go beyond 10:00 p.m. A parking permit fee could be charged to cover the administrative fees. He also suggested that the Board make the first year a test period. If things don't go as planned, the permits could be terminated at any time. Board of Trustees November 12,2002 Page 20 of 29 Mr. Bradbury stated that this is a policy change that will create additional work for the Police Department and the Village Administrator's office. Chief Santoro stated that the cars that are parked, without permit and before 10:30 p.m. will be towed. This will help the residents, and keep the parking area open for the use intended. Mr. Beane suggested limiting the number of permits granted to any one property. Trustee Goodman felt that the Public Hearing would be informative as more information would be received by the residents affected by this proposed change. She was in favor of setting the Public Hearing. The Public Hearing was set for November 260i. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 8) SETTING DATE FOR A PUBIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 235 OF THE VILLAGE CODE, TO CHANGE THE NUMBER OF MEMBERS ON THE TREE COMMITTEE Mr. Bradbury read the following Resolution: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 235 OF THE VILLAGE CODE, TO CHANGE THE NUMBER OF MEMBERS ON THE TREE COMMITTEE WHEREAS, the Village of Rye Brook wants to increase the number of members on the Village's Tree Committee; and Board of Trustees November 12,2002 Page 21 of 29 WHEREAS, a local law has been proposed to increase the number of members on the Village's Tree Committee; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on November 26, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 235 of the Code of the Village of Rye Brook to increase the number of members on the Tree Committee. Mr. Bradbury stated that, in summary, this local law will increase the number of the members of the Tree Committee from three to five. In addition, at least two of the members will be members of the Planning Board and/or the Advisory Council of Environmental Conservation. Trustee Degling felt that it would make good sense to broaden the scope of the Tree Committee to include the functions of the new committee that is being proposed. By so doing there would not be proliferation of committees. He asked that Board consider expanding the scope of the existing committee. Mayor Filipowski asked that Mr. Beane give his opinion on this suggestion. Mr. Beane stated that this could be done. Trustee Santon agreed with Trustee Degling in the sense that the Tree Committee is limited in function. They are charged with the review of permit issuance for the removal of trees. He also suggested that the function of this committee be reviewed and broadened. However, he felt that the new proposed committee had functions that the Tree Committee did not have and its goal was to beautify. The Clean and Green Committee would enhance the landscape throughout the Village. He felt that these two committees would have two different roles. Too many trees are being cut down and not enough are being put back. Mr. Ken Heller of Lincoln Avenue noted that he was a member of the Tree Committee. He stated that if a tree is not on the protected list, then it comes down. The list does not include many of the species within the Village. Trees have been removed to create additional parking and the Tree Committee cannot enforce the saving of any trees. He also suggested that the Tree Committee be given power. Mayor Filipowski felt that the list of protected trees needed to be expanded. Trustee Santon felt that evaluating both committees would benefit the Village. He suggested a Work Session to discuss this matter further, noting that many times vegetation is allowed to be removed without good reason. If someone should cuts down an 80' tree and is penalized only a few hundred dollars, there is no incentive to comply with the Village Code. Board of Trustees November 12,2002 Page 22 of 29 Trustee Goodman asked that the resolution be changed, combining it with item 910 on the agenda (Authorizing Creation of the Rye Brook Clean and Green Committee). Mr. Bradbury asked that the membership of the Tree Committee be increased. Mayor Filipowski responded that there were currently only two members on the Tree Committee, and this committee needs to be increased. The two members at this time are Mr. Ken Heller and Mr. Floyd Caplan. Trustee Santon asked to move forward with this resolution, noting that there are a number of Village cul de sacs and rotaries that have lost trees in recent storms. This vegetation should be replaced. He asked that the Code be strengthened, the species of trees that need to be added to the preservation list should be added, and penalties for tree removal without permits be increased. Trustee Goodman asked that Village Attorney amend the resolution to address all of the concerns. Mr. Bradbury noted that it was important that the Tree Committee membership be increased. There are currently pending applications before this Committee and having the additional members would be a benefit to the Village. Trustee Goodman asked that the next resolution, which should be put on for the next meeting, should expand the scope of the Committee. Trustee Santon agreed that item 910 be further reviewed. Mayor Filipowski asked for a motion, as proposed, regarding the Tree Committee. For clarification purposes, Mr. Bradbury noted that the Resolution to be placed on the agenda for November 26th would be for the changes to the Tree Committee. The Tree Committee will be expanded to include the proposed responsibilities of the Clean and Green Committee. On a motion made by Trustee Degling and seconded by Trustee Goodman the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9) APPROVING TRANSFER FOR 2003 AMBULANCE BUDGET Mr. Bradbury read the following Resolution: RESOLUTION Board of Trustees November 12,2002 Page 23 of 29 APPROVING TRANSFER FOR 2003 AMBULANCE BUDGET RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.4540.460 $1,751 (Contingency) (Volunteer Ambulance) On a motion made by Trustee Santon and seconded by Trustee Goodman the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for a brief break. Upon the Board's return, the next item on the agenda was called. 11) CANCELING REGULARLY SCHEDULED BOARD OF TRUSTEES MEETING ON DECEMBER 24, 2002 Mr. Bradbury read the following Resolution. RESOLUTION CANCELING REGULARLY SCHEDULED BOARD OF TRUSTEES MEETING ON DECEMBER 24, 2002 RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby cancels the December 24, 2002 Board of Trustees meeting in light of the Christmas holiday. On a motion made by Trustee Degling and seconded by Trustee Goodman the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees November 12,2002 Page 24 of 29 14) APPROVING MEETING MINUTES: February 19, 2002 (Board of Assessment Review Hearing) February 19, 2002 (Board of Trustees Special Meeting) November 27, 2001 (Regular Meeting) July 23, 2002 (Regular Meeting) September 10, 2002(Regular Meeting) September 10, 2002 (Work Session-Pine Ridge/Red Roof Farm Ball Field) September 24, 2002 (Regular Meeting) The Board asked that the Work Session Minutes for September 10, 2002 be held to the next meeting. Minor corrections were made to remaining minutes. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the Minutes, as amended, were approved. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury asked that a Resolution be added to the agenda. Mayor Filipowski called for a Resolution appointing three individuals to unexpired terms for the Airport Advisory Counsel. Mr. Bradbury was asked to read the Resolution: RESOLUTION APPOINTMENTS TO THE AIRPORT ADVISORY COUNCIL RESOLVED, that Peter Schlactus of 80 Bellefair Road is hereby appointed to fill the unexpired term of Lawrence Engle, whose term expires on the first Monday in April 2003; and be it FURTHER RESOLVED, that James Striar of 6 Millenium Place is hereby appointed to fill the unexpired term of Nancy Tunis, whose term will expire at noon on the first Monday in April, 2003; and be it Board of Trustees November 12,2002 Page 25 of 29 FURTHER RESOLVED, that Ira Kerner of 10 Legendary Circle is hereby appointed to fill the unexpired term of Amy Schoen, whose term expires at noon on the first Monday in April, 2003. On a motion made by Trustee Degling and seconded by Trustee Goodman the Resolution was adopted. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the Discussion portion of the meeting. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) ESTABLISHMENT OF RECREATION ZONE NEAR ANDERSON HILL ROAD Trustee Santon asked for direction from the Village Administrator on this matter. Essentially he was asking that this matter be referred to the Planning Consultant and Village Staff to start the leg work on exploring the possibility of creating a recreation zone in the parcels that are now the Blind Brook Club and the adjacent parcels. Mr. Beane stated that this matter could be reviewed, along with the review of the entire area. Mr. Kvinge noted that the recreation zone was not included in the discussions regarding amendments, but this regulation was discussed and could be researched further. If the Village would like to pursue this, a proposal could be drafted specifically for the Recreational Zone. Mayor Filipowski stated that the Vision Plan gives the Village a basis. Mr. Bradbury stated that it was appropriate to refer this matter to F.P. Clark & Associates for review as part of the Zoning Code amendments. Board of Trustees November 12,2002 Page 26 of 29 2) ROADWAY/SIDEWALK IMPROVEMENT PROJECTS FOR THE 2002-2003 FISCAL YEAR Mr. Carosi, who was responsible for reporting on these projects, was not in attendance at the meeting. Trustee Santon noted that he prepared a spreadsheet that identified all of the roadway, sidewalk and utility improvement projects from his recollection. To date, the Village has awarded approximately one million dollars worth of programs in the past two fiscal years. Mr. Carosi has submitted a memorandum on September 6, 2002, which was circulated to the Board. This memo identified $228,000 worth of improvements for a number of streets and one section of sidewalks on Ridge Street. In another section there was an additional list of streets that would be approximately $183,000 for roadway work that has not been budgeted or funded. Trustee Santon asked for a timeline for the proposed work, showing how the Village plans to deal with all of the proposed improvements. Many of the items were previously indicated to be top priorities, but now they are grouped under the not yet funded list. Mr. Bradbury responded to Trustee Santon's concerns. He noted that sometimes projects must be reallocated. Certain portions of the projects can be funded from different budgets, i.e. the storm drain account if there is storm drain work included. Mr. Bradbury suggested a Work Session to review all of the proposed projects. All of the projects are important projects, but if there is a lack of funding the work cannot be done. If grant funding is received, then certain projects can move forward. As the Board is aware, the Village recently received grant funding for sidewalks. Trustee Santon asked how priorities were set as far as which streets are addressed before others. He asked that Mr. Carosi provide an overview of all pending projects. 3) STATUS OF VARIOUS PROJECTS INVOLVING VILLAGE OWNED PROPERTIES/PARKLAND Trustee Santon asked that the 29 acres of Village owned property near Bellefair be reviewed. This is a Village asset that is just sitting there. He asked whether or not any of this acreage could be developed for recreational use. On this same topic, he also asked that the Roanoke parkland parcel, Elm Hill Park and other park parcels within the Village that are not being utilized be evaluated. He also requested an update on the soccer field project for Village land, the Arbors land, and the Blind Brook High School land. Board of Trustees November 12,2002 Page 27 of 29 Mayor Filipowski noted that the Recreation Commission would be holding a meeting on December 26, 2002. Everyone is now aware of this project. At this time the Village is coordinating the efforts to ensure that all 250 homeowners in the Arbors is aware of the December 26th meeting. Things will begin to fall in place after this meeting. Mayor Filipowski stated that the Board should deal with one issue at a time. The issue of the 29 acres of land will be addressed in January. Mr. Beane reminded the Board that when a parcel is dedicated as parkland nothing else can be done. 4) STATUS OF VARIOUS HOME OCCUPATION/SPECIAL PERMIT COMPLIANCE MATTERS Trustee Santon felt that this matter was not moving forward. He noted that during the summer Mr. Gerety was asked to create a list of all Special Use Permits issued in the Village. Since that time he has heard nothing about this project. Mr. Bradbury and Mr. Carosi are working on this matter and will be preparing a report. Mr. Bradbury noted that there are several Public Hearings scheduled for the next meeting. He also noted that the discussion regarding the ball field and considering an application for a grant on this project would be before the Board at the next meeting. Trustee Santon asked what happened to the No Left Turn from the Merritt onto King Street. It was noted that the Connecticut Department of Transportation put up barriers, but they were not secured. Although the Administrator has been in contact with their office, they are not addressing this matter with any expediency. Mr. Bradbury will continue to call and write in an attempt to correct this matter. Chief Santoro noted that these barricades are in Connecticut and the Rye Brook Police Department does not have jurisdiction. Mr. Ken Heller of Lincoln Avenue suggested that the Board offer members of the public the opportunity to address the Board earlier in the meeting. Waiting to the end forces people who have issues they wish to present to the Board to stay much later than they anticipated. He addressed the matter of septic taxes. He noted that he received a letter in 1997 regarding this matter, and yet it still has not been addressed. Board of Trustees November 12,2002 Page 28 of 29 Mr. Heller noted that there are two existing soccer fields at the Port Chester Middle School. Unfortunately they are extremely muddy, and unusable. There was an opportunity to have the fields rebuilt in exchange for a recreation bubble. Had this project moved forward, there would have been two very fine, very much needed soccer fields. Mayor Filipowski noted that not everything that looks all positive is really all positive. Mayor Filipowski reminded everyone of the Deicing Facility that has been proposed by Westchester County. It is important for everyone to be aware of this project, which is a $20-30 million dollar project. Mayor Filipowski announced that the next Board of Trustee meetings were scheduled for November 26, 2002 and December 10, 2002. There being no more business before the Board,the meeting was adjourned at 10:45 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk Board of Trustees November 12,2002 Page 29 of 29