Loading...
HomeMy WebLinkAbout2002-03-26 - Board of Trustees Meeting Minutes APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. PRESENT: FRANCIS L. FILIPOWSKI,Mayor JODY H. BRACKMAN DONALD L. DEGLING LAWRENCE A. RAND NOT PRESENT: TRUSTEE DEAN P. SANTON STAFF: Edward J. Beane—Village Attorney Christopher J. Bradbury—Village Administrator Chief Robert J. Santoro—Chief of Police Victor G. Carosi, P.E.,Village Engineer David Kvinge -Village Consultant William Gerety,Building Inspector Robert Bertolacci—Recreation Superintendent Gina Tarascio—Meeting Secretary 1. Pledge of Allegiance Mayor Filipowski called the meeting to order and invited Council to join in the Pledge of Allegiance. 2. Considering the Application for Grant Street Senior Housing Amended Special Permit and Site Plan Sectionl,Block 28,Lot 9 At this time Mayor Filipowski declared the public hearing open. Mr. Clarke Neuronger, the architect on this project addressed the board. Also present was Mr. Louis Larizza, developer on the project. Mr. Neuronger stated that he appeared in front of the planning board on a couple of occasions and that this application basically consists of an addition of 6 units at the rear of the property. Mr. Neuronger presented this plan to the planning board and received unanimous recommendation for this project to go forward. Mr. Neuronger distributed photographs of the site of where they will be adding and what the finished project will look like. Mr. Neuronger also submitted to the members of the board, communication from the Fire, EMS service and Police Dept. Trustee Degling commented that Chief Santoro would like to see a turnaround area for police vehicles and the fire dept. and a suggestion was made to remove a tree. Trustee Degling stated that he doesn't like to remove trees unless necessary. Mr. Neuronger stated that with respect to the fire dept.'s request, they understand the nature of the request and will accommodate the fire dept. and believe they are able to transplant the tree. The fire dept. along with EMS are very satisfied with the site plans, location of the building, and access to the building. Mr. Neuronger explained that with respect to the comments from the police dept, there is a possibility in creating a turnaround area, however this would mean substantially paving over a good portion of the site that they are trying to keep as green space. Mr. Neuronger explained that the same way the fire dept. could get equipment in an emergency into the rear; any other piece of equipment or vehicle can do the exact same thing because there are no barriers or hindrances. Mr. Neuronger requested that the board not 1 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. consider having them pave over a substantial portion of the site. At this time, Mayor Filipowski asked for a motion to close the public hearing. 3. Considering a Local Law to Amend Chapter 240 of the Village Code, the Village Vehicle and Traffic Law. Mayor Filipowski declared the public hearing open. Mr. Beane explained that the purpose of this local law is to codify a series of streets,which many are in the new Bellefaire development. Chief Santoro addressed the board and explained that they are restricting a left turn on Brook Lane during certain hours of the day (7 a.m. to 9 a.m. & 4 p.m. to 6 p.m.) The other change, Glenville Road is being removed because the state has taken away the no right turn. There is also language change up at the Rye Ridge Shopping Center. Trustee Degling recommend deleting item Paragraph C because it is not in use anymore because the construction on the Hutchinson River Parkway has ended. Trustee Degling also suggested that it would be helpful if we had "four way stop" printed underneath the stop signs so residents realize that it is a four way stop. Chief Santoro stated that Mr. Carosi and the highway dept. could handle this matter. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the annexed local law amending Sections 240-10.1, 240-11 and 240-19 of Chapter 240 (Vehicles and Traffic) of the Code of the Village of Rye Brook with regard to prohibited turns at intersections, stop intersections and parking regulations, which local law is enacted into law as Local Law#2-2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 4. Adopting a Local Law to Amend Chapter 240 of the Village Code the Village Vehicle and Traffic Law. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the annexed local law amending Sections 240-10.1, 240-11 and 240-19 of Chapter 240 (Vehicles and Traffic) of the Code of the Village of Rye Brook with regard to prohibited turns at intersections, stop intersections and parking regulations, which local law is enacted into law as Local Law#2-2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye 2 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. Trustee Santon Absent Mayor Filipowski Voting Aye 5. Authorizing Use of Village Streets for the Kids Who Care Bike-A-Thon On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Saturday, May 18, 2002, (or on the rain date of Sunday, May 19, 2002,) from 1:00 p.m. to 3:00 p.m. for the fourth (4`'') annual Kids Who Care Bike-a-thon along the route described in the letter dated February 25, 2002 from Linda Becker and Robin Linder, and BE IT FURTHER RESOLVED, that the terms of closing the Village streets or limiting the vehicular traffic flow along the Village streets comprising the route of the bike-a- thon, shall be established by the Rye Brook Police Department. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 6. Setting Date for a Public Hearing on a Local Law to Amend Chapter A258 of the Village Code to Codify the Advisory Council on Parks and Recreation Trustee Degling stated that he is in agreement to codify the council but the resolution needs a couple of amendments before it is distributed at the public hearing. Trustee Degling suggested that it would be much easier if the village had nine members on the Advisory Council and that each member could be appointed for a three-year term. Trustee Degling stated that we should eliminate the maximum terms because we don't have maximum terms on any other boards or commissions. Trustee Degling also recommended including a requirement of minutes for this codification and those minutes should be kept for the meeting. Mayor Filipowski inquired about the change on the number of members and inquired if this was a substantial change. Mr. Beane addressed the board and stated that it just requires setting a public hearing and changes can be made after the public hearing is closed and then schedule another meeting to pass the local law. On a motion made by Trustee Degling, and seconded by Trustee Rand the following resolution was adopted: RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on April 9, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a local law to amend 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. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent 3 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. Mayor Filipowski Voting Aye 7. Entering into an—Inter-Municipal Agreement with the County of Westchester for the Circulation of Compost Equipment for 2002 through 2007. Trustee Degling commented that Westchester County has some special machine known as a TubGrinder which is useful for grinding leaves and that Westchester County is willing to make this equipment available to our village. Trustee Degling stated that we currently don't use this equipment nor does our composting contractor on our leaves. Trustee Degling noted that since Rye Brook is in the solid waste district the fees are waived and the village can obtain this equipment to grind up our leaves at no cost and it will perform a better job. On a motion made by Trustee Degling, and seconded by Trustee Brackman the following resolution was adopted: WHEREAS, Westchester County is conducting a Composting Equipment Circulation Program whereby Westchester County will make specialized composting equipment and trained operating personnel available to participating municipalities; and WHEREAS, the Village of Rye Brook desires to participate in the Composting Equipment Circulation Program. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an inter-municipal agreement with the County of Westchester for the Composting Equipment Circulation Program for 2002 through 2007; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the inter-municipal agreement. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 8. Setting Public Hearing Date for 2002-2003 Tentative Budget Trustee Rand complimented Mr. Bradbury and the Rye Brook staff for putting together this budget. Trustee Rand urged village residents to be present at the public hearing and participate in the workshops. Mayor Filipowski announced the schedule for the budget workshops which will be held on April 3rd and 4d'and April 9d'at 6:30 p.m. On a motion made by Trustee Brackman, and seconded by Trustee Rand the following resolution was adopted: RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday,April 9, 2002 at 7:30 p.m. at the Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2002-2003 Tentative Budget for the Village of Rye Brook. 4 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 9. Bellefair Planned Unit Development (PUD) Amended Site Plan Approval Section 1, Block 3. Trustee Brackman asked for more information on what the appropriate alternative amenity might be and if a proposal already existed. Mr. DeLuca addressed the board and stated that some of the planning board members suggested a running trail along the stream as an amenity. Mr. DeLuca suggested with the board's approval that the Bellefair Engineer meet with Mr. Carosi and members of the rec. dept. to determine how the trail could be laid out. Mr. Howard Hoff, 812 King Street resident of Rye Brook requested that the board think twice about granting any amendment due to the past history of this developer. Mr. Hoff stated that the board should make certain that everything else in this development is in compliance before they allow the developer to perform anything that is not in the original plan. Mr. Hoff also commented that this developer has not followed the original plans in the past and has damaged homeowners and that his issue has still not been resolved. Mayor Filipowski stated that with this amendment there would be no harm and there is still a bond and other protection in place. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the Bellefair Home and Land Company has made an application to the Village of Rye Brook requesting amended Site Plan Approval for a number of changes made to the approved Site Plan for the Planned Unit Development (PUD) known as Bellefair, and WHEREAS, the Bellefair PUD is located on the west side of King Street at the southwest corner of the intersection formed by King Street and Lincoln Avenue, within the P.U.D., Planned Unit Development District,Tax Parcel Section No. 1,Block 3; and WHEREAS, the Applicant has submitted an application package including the following plans; 1. Sheet 1 of 4, "Site Plan Modifications," highlighting the proposed modifications to the approved Site Plan, dated 12/10/97, last revised 2/6/02, prepared by Kevin McManus, PE, c/o Spectrum Skanska,Valhalla,New York; 2. Sheet 2 of 4, Including details for Exhibits 1, 3, 4,and 5; dated 12/10/97,last revised 2/6/02, prepared by Kevin McManus, PE, c/o Spectrum Skanska, Valhalla, New York; 3. Sheet 3 of 4, Exhibit 2, dated 6/4/01, last revised 5/17/01, prepared by Studer Design, Ridgefield, Connecticut; 5 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. 4. Sheet 4 of 4, Exhibit 2, dated 8/8/01, last revised 5/17/01, prepared by Studer Design, Ridgefield, Connecticut; and WHEREAS, the Applicant proposes to make the following amendments to the approved Site Plan: 1. Eliminate the proposed walking trail connecting Bellefair Road with High Point Circle; 2. Relocate the pond access trail at the end of Vintage Court; 3. Add a retaining wall to the rear of the properties on the east side of Bellefair Road; 4. Modify the driveway configuration for lots 240, 241, 242 and 243; 5. Add a landscaped berm to the rear of lots 234 through 242; 6. Modify the property line between homes 206 and 207; and WHEREAS, Village Board of Trustees, by resolution dated September 13, 2001, granted amended site Plan approval for the retaining wall located to the rear of the properties along the east side of the lower portion of Bellefair Road and referenced above as Item 3, and the retaining wall is consequently included in the application for reference purposes only; and WHEREAS, Section 250-7 E.(4)(c) of the Village of Rye Brook Zoning Code permits the Board of Trustees to waive the full amendment procedure requirements with concurrence of the Planning Board; and WHEREAS, the application was referred to the Planning Board by the Board of Trustees on February 12, 2002, and the Planning Board reviewed the application,determined that the proposed amendment constitutes a minor site plan amendment, recommended that the full amendment procedure be waived, and further recommended approval of the requested site plan amendment by resolution dated March 14, 2002; and WHEREAS, the Village Board of Trustees discussed the application at open meetings on March 26, 2002, at which time members of the public were given the opportunity to comment on the application; NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees, in concurrence with the Planning Board and in accordance with Section 250-7 E(4)(c) of the Rye Brook Code, hereby determines that the requested amendments constitute a minor site plan application and waives the full review requirements,including a Public Hearing; and be it further RESOLVED, that the Village Board of Trustees hereby grants the requested amendments to the Site Plan, subject to the following conditions: 1. That the applicant, in lieu of constructing the pedestrian trail shown on the approved Site Plan, provide an appropriate alternative amenity to the satisfaction 6 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. of the Village Board of Trustees. The alternative amenity should be similar in scope and value to the trail shown on the approved Site Plan. 2. That the applicant shall submit a revised Site Plan, depicting the amendments, to the satisfaction of the Village Engineer and Village Building Inspector, for filing as the amended Site Plan for the Bellefair PUD; and be it further RESOLVED, that all conditions, stipulations, and understandings associated with the original Site Plan approval remain valid and are hereby incorporated and made conditions of this amended Site Plan approval. RESOLVED, that the houses on Milestone be renumbered sequentially in accordance with village standards, and that the applicant pay for all reasonable costs incurred by the homeowners in coordinating this change in house numbering. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 10. Accepting a Buckle up New York Enforcement Grant from New York State On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the New York State Governor's Traffic Safety Committee is offering grants to local communities to participate in `Buckle up New York", which is a high visibility enforcement campaign targeting occupant restraint non-compliance;and WHEREAS, the Village of Rye Brook Police Department wants to participate in the "Buckle Up New York" campaign through the grant program offered by the Governor's Traffic Safety Committee. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook Police Department to accept a grant from the State of New York for the `Buckle Up New York"campaign; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an agreement with the State of New York to obtain a grant for the `Buckle Up New York"campaign; and BE IT FURTHER RESOLVED, that Mayor is authorized to sign all necessary documents to implement the purpose of this resolution. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 7 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. 11. Schedule of Bills Payable On a motion made by Trustee Brackman, and seconded by Trustee Degling, the following resolution was adopted: WHEREAS, the enclosed Schedule of Bills Payable representing payment for services rendered, have been submitted to the Treasurer's Office for payment and review, and have been certified by the Village Administrator. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the enclosed claims and authorizes payment thereof. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 12. Appointment of Connie DiSalvo—Assistant to the Village Administrator Mayor Filipowski announced that Ms. DiSalvo was ill and unable to be here tonight. Mr. Bradbury stated that Ms. DiSalvo is excited about joining the Rye Brook staff and provided her background information to the Board. Ms. DiSalvo has a BS in Criminal Justice from Pace and a Masters in Public Administration which she is completing in May. Ms. DiSalvo has prior experience in local government working for the city of White Plains as a management associate and also worked as a graduate assistant at Pace University. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: RESOLVED, that Connie DiSalvo, of 52 Buckout Road, West Harrison, New York, is hereby appointed provisionally to the position of Assistant to the Village Administrator with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $35,000, with an effective start date of April 1, 2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Absent Mayor Filipowski Voting Aye 8 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. 13. Administrator's Report Mr. Bradbury stated that the New York American Water Company and Westchester County has declared water emergencies and that this will continue for many months. Some of the restrictions which are in place include: • Serving of water in restaurants unless requested • Prohibiting use of water in ornamental displays • Prohibiting use of hoses for streets, driveways sidewalks and car washing • Resident swimming pools should not be filled unless pool is equipped with filtering circulation system or is obtained from another source independent of the CT/American supply. • Prohibiting of watering of lawns unless rainfall has fallen in the past 24 hours • Water Lawn restrictions—odd and even number plan Mr. Bradbury noted that this is a very serious problem and that the water is at dangerous low levels and urged everyone to conserve water and follow the appropriate standards. Trustee Rand stated that the utility pole on King Street now has tape holding it up and requested status of this situation before it falls. Mr. Bradbury stated he would provide a report at the next board meeting. Mayor Filipowski announced that grievance day determinations will be official tomorrow and residents will be notified by mail. Mayor Filipowski thanked Trustee Rand for participating on the board and thanked him for his hard work and dedication. Mayor Filipowski presented on behalf of the Village of Rye Brook a Certificate of Appreciation to Trustee Rand for his past 2 years of dedicated service as a member of the Board of Trustees. Trustee Brackman along with Trustee Degling also thanked Trustee Rand for sitting on the board and all of his hard work. Trustee Rand addressed the board and thanked all of his supporters and plans on to continue serving the village through the firehouse committee. Mr. Ken Heller, 22 Lincoln Avenue, Rye Brook resident addressed the board and thanked Trustee Rand for doing a great job. Mr. Heller also commented regarding the compost heap agreement with Westchester County and hopes that the village can provide something towards the taxpayers with this material. Mayor Filipowski stated that he will look into this matter. Mr. Bradbury announced that a meeting of the firehouse construction committee will be on March 5d'at 7:30 p.m. at Village Hall 14. Announcements Mayor Filipowski announced the following: April 9d'and April 23Td—next Board of Trustees meeting. Urged residents to attend budget workshop meetings 9 APPROVED MINUTES Board of Trustees Regular Meeting March 26, 2002 at 7:30 p.m. 15. Adjournment Meeting adjourned at 8:30 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk 10