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HomeMy WebLinkAbout2015-01-27 - Board of Trustees Meeting Documents VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 27, 2015 7:00 P.M. —EXECUTIVE SESSION: Property Acquisition 7:30 P.M. —REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: AFFORDABLE HOUSING: PUBLIC HEARINGS: RESOLUTIONS: 1) Referring an application to the Planning Board for a report and recommendation on a Special Use Permit and Site Plan application for an attached public utility wireless telecommunications facility at 965 Anderson Hill Road(aka Doral Arrowwood Hotel) 2) Considering participation in the Westchester County consolidated Government Efficiency Plan. 3) Considering entering into agreements for the 2015 Rye Brook Spring Carnival event. 4) Setting a public hearing for a local law to amend Chapters 215, 235, 245 and A258 of the Village Code for the creation of a Sustainability Committee. 5) Considering an amendment to the Surplus Equipment bid awarded on January 13, 2015. 6) Considering the approval of minutes for the Village Board meeting held on January 13, 2015. ADMINISTRATOR'S REPORT: OLD BUSINESS: • Comprehensive Plan priority update and work plan. • Public outreach to consider street lights in the Byram Ridge area. NEW BUSINESS: DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS February 10 and February 24, 2015 Plan Rye Brook 15. IMPLEMENTATION AND ACTION AGENDA 15.1 Implementation Tools This section summarizes the implementation measures recommended throughout the Plan. Having an adopted Comprehensive Plan is a critical public policy tool, but it is not sufficient alone to make change or preservation happen — the plan must be realized. There are four critical methods that Rye Brook will follow to ensure that this Plan, through its recommended actions, is implemented. It is recognized that, given financial constraints that may affect the Village as well as many other municipalities, implementation of this Plan is dependent on availability of funding and other economic factors. ■ Legislation: Zoning and subdivision regulations are the two most familiar tools used to implement a plan. The Village Board may need to amend the zoning and subdivision chapters of the Village Code. ■ Capital Programming: The second key tool is incorporation of the objectives into the Village's capital improvement program (the CIP). The ways that Rye Brook spends public revenue for public improvements — on water and sewer utilities, road construction, major equipment purchase, the community center, government buildings and new or renovated parks and recreational facilities — and the standards to which they are built have a major effect on the Village's image and function. Once the comprehensive plan is adopted, Rye Brook should evaluated and choose capital projects based on Plan recommendations. Rye Brook's CIP is a management and fiscal planning tool. The capital budget systematically assigns priorities to the Village's capital needs and schedules their accomplishment through the expenditures of public funds from Village revenues and bonding capacity. Projects are scheduled on a multi-year basis, with each succeeding year seeing the completion of a project, or a phase of a long-range project, and a future year is added. New projects come on line as others earlier in the cycle reach completion. The rolling approach enables municipal government to pan for and remain current with necessary infrastructure improvements and other large, non-operational needs. Capital needs remain in balance with available financing; the Village achieves aspects of its long- range plan with steady, predictable steps over time. The process of preparing the capital budget, the resulting document (capital program) and, of course, the improvements themselves, are important tools in implementing the comprehensive plan. Such a program is indispensable for a sustained capital improvement effort. It allows for a continuous update on municipal needs without allowing the revision process to stall the planning and scheduling, and without being sidetracked into unnecessary and poorly planned projects. The Village knows its capital commitments for at least five years into the future. Thus, it can plan financing in an orderly way and stabilize the tax rate structure by spreading improvement costs Chapter 15: Implementation and Action Agenda 199 Plan Rye Brook systematically over a period of years. In this way, the CIP provides the infrastructure and facilities required by the Comprehensive Plan's goals. Further, public input into the planning process continues, long past the Plan's adoption, as capital budgets are heard publicly. The orderly public expenditures on needed improvements send a positive signal to private businesses and property owners: the CIP enables them to plan their investment knowing that the Village is also responsibly planning. ■ Future Studies and Ad-Hoc Committees: Certain Plan recommendations will require more analysis. Detailed implementation measures can only be crafted through this additional study. For example, the Plan recommends that Rye Brook consider a range of zoning code revisions, including expanding the allowance of multifamily residential uses. Implementation of such revisions would require a future, separate study. In addition, the Plan recommends that the Village establish a sustainability committee to educate the public and oversee sustainability initiatives. ■ Continuing Planning: There are two key aspects to continuing planning. The first is the Village government's sustained work with regional agencies, authorities and other municipalities on issues that extend across borders. These include (and are not limited to) County Airport oversight, NYS DOT and Westchester County Planning. As these entities plan, Rye Brook makes clear its concerns and preferences. With an adopted comprehensive plan, the Village's position is in effect on record and must be taken into consideration. The second aspect concerns development applications before the Planning Board and the Village Board. In all likelihood, most site plan and subdivision applications conform to existing land development regulations. For these either the Planning Board or Village Board exercises careful oversight to get the best possible outcome for the Village, but are not required to make a policy decision. In other cases, a requested zone change may necessitate just such a policy choice. The boards look to the adopted Comprehensive Plan for guidance: does the Plan anticipate a zoning change, or open space preservation, or the creation of a new municipal facility? The Plan can also aid business recruitment and commercial building renovations, through its discussion of the Village Center and other office/commercial recommendations. 15.2 Action Agenda In order to implement the various recommendations contained in this Comprehensive Plan, the following Action Agenda is proposed, which identifies key actions, the lead agencies proposed for implementation and the priority for implementation. The lead agency is the entity, which by the nature of its mission and authority, is the logical party to spearhead the implementation of a particular proposal. Many proposals may involve multiple agencies, including State agencies. The nature of activity required of a lead agency will vary Chapter 15: Implementation and Action Agenda 200 Plan Rye Brook depending on the type of recommendation. Some activities involve budget commitments and capital expenses, while some require advocacy and promotion and others call for administration action. Priorities are classified as immediate (1-2 years), mid-term (3-6 years) and long-term (7-10 years). The immediate actions generally entail changes to local laws or regulations, or may be activities or policies in place that need to be continued. Mid-term actions likely involve the Village's CIP. Some of these items may already be identified, or may be recommendations that have arisen as part of this planning process and need to be inserted into the CIP. Long-term priorities are those activities which are considered important, but are placed "down the road" in recognition of the fact that limited resources are available both in terms of time and money to implement the Plan. These recommendations may also require further study or planning and design activity before project implementation can take place. The implementation schedule is presented in the form of a "To Do" list, to make it simple for the Village to review implementation progress on a regular basis. It also allows for convenient updating of the list as items are completed, priorities change or new items are proposed to be added. Click on the topic areas for action items to access the discussion from the corresponding chapter. Chapter 15: Implementation and Action Agenda 201 Plan Rye Brook Chapter 15: Implementation and Action Agenda 202 Action Agenda Immediate Action: Local Laws, Regulations and Policies Medium Term Action: Village Capital Investment Plan Long Term Action: Further Study Chapter 15: Implementation and Action Agenda 203 Local Laws, Regulations and Policies Village Inter- Governmental 4. Land Use and Zoning Create either a new Open Space/Recreation zone for the Blind Brook Country Club property, or zone 4.1 R-30 and mandate cluster development. Include the Village- and Town-designated parks in an Open Village Board Space/Recreation zone, to preserve these significant open space assets. Review the C1 and C1-P zones to address excessive front yard setbacks and provide sufficient buffering 4.2 from adjacent residential uses, and look at increasing height and floor area ratio (FAR) maximums to Village Board, accommodate 3-4 story mixed-use development (residential over commercial). Planning Board Explore allowing multifamily uses in the C1 and C1-P zones by special permit, subject to the following criteria: 4.3 Co-location with commercial/office uses Village Board, ■ Residential uses limited to upper floors in buildings fronting Westchester Avenue, Bowman Planning Board Avenue or South Ridge Street ■ New residential uses limited to studios and one-bedrooms Throughout the R2-F two-family residential zone, look at allowing offices as principal uses rather than 4.4 accessory home offices, subject to a special permit, to encourage viable uses while preserving the Village Board, residential character of existing buildings. Planning Board Explore creating a Village Center overlay zone — encompassing the existing C1, C1-P and OB-S zones, the OB-2-zoned parcel on Bowman Avenue east of Port Chester Middle School, as well as R2-F-zoned 4.5 parcels along South Ridge Street, Westchester Avenue and Bowman Avenue — to promote mixed use, Village Board, "downtown" development. Such a zone could provide for more flexible use, area and bulk standards or Planning Board zoning incentives, but require new development to conform to a set of advisory design guidelines. Chapter 15: Implementation and Action Agenda 204 5. Natural Resources and Stormwater Management Continue to focus on stormwater management at the regional and intermunicipal level, through 5.1 partnerships with other municipalities, institutions and advocacy groups, and pursue funding for such Engineering/ partnerships and projects as needed. Public Works 5.2 Create incentives for homeowners to better manage stormwater on a local level. Village Board, Building 6. Parks, Recreation and Open Space Undertake a comprehensive study of a potential community multipurpose recreational center, to determine: ■ The need for such a facility based on comparable resources in the surrounding vicinity; 6.1 ■ The uses, programming and amenities that could best be accommodated in such a facility, Village Board, Parks & Rec based on needs that are not being filled by Rye Brook's existing community center or parks; ■ Estimated construction and operating costs; and ■ The fiscal and fax implications of building and maintaining the facility. 6.2 In future development or redevelopment of key vacant or underutilized sites, seek to link existing parks Village Board, and open space areas through new or enhanced sidewalks or trails and signage. Planning Board 6.3 Continue to focus installation of new sidewalks on arterial roadways that link parks and schools with Engineering/ neighborhoods, as sidewalks may not be feasible or desirable in lower-density residential areas. Public Works 7. Transportation Monitor opportunities to improve safety and function of identified areas of traffic congestion (including Engineering/ Westchester 7.1 the intersections of South Ridge Street with Westchester and Bowman Avenues, and along King Street). Public Works, County DOT, Police Department NYSDOT Chapter 15: Implementation and Action Agenda 205 Revisit prior proposals for replacing the King Street/Hutchinson River Parkway interchange with a dual Village Board, Town of 7.2 roundabout interchange and/or roadway striping plan, coordinating with the Town of Greenwich and Engineering/ Greenwich, the New York State Department of Transportation. Public Works NYSDOT Initiate discussions with the County on potential new or expanded bus routes along King Street (and Westchester 7.3 potentially other corridors), based on existing data and studies and with the goal of maintaining traffic Engineering/ County DOT, volumes and minimizing impacts to adjacent residential neighborhoods. Public Works NYSDOT 7.4 Continue to work closely with the County on potential strategies to mitigate noise, air quality and other Village Westchester impacts related to the Westchester County Airport. age Board County DOT 8. Infrastructure and Utilities Promote water conservation through public education, potential planning guidelines and policies to Engineering/ 8.1 mandate water conservation and coordination with regional experts.g p Public Works 8.2 Facilitate the use of green infrastructure techniques as presented in the NYS DEC Stormwater Planning Board, Management Design Manual. Building 8.3 Educate the public about illegal sewer connections. Engineering/Public Works Work with utility companies and appropriate governmental agencies to identify, monitor and track repaving and road improvement projects with utility infrastructure projects, to reduce repetitive Engineering/ Westchester 8.4 Count DOT construction, costs and traffic delays. Coordination with the agencies and utility providers on effective Public Works y ' public dissemination of this information. NYSDOT 9. Housing 9.1 Maintain good communications with HOAs, major property owners and landlords. Administration Chapter 15: Implementation and Action Agenda 206 9 2 Continue strong enforcement of land use regulations and the conditions of site plan, subdivision or other land-use approvals. Building In the event that multifamily residential are allowed in commercial zones, include a provision that 10% 9.3 of any new units be set aside for fair and affordable housing. Village Board 9.4 Consider allowing multifamily uses (senior as well as market-rate) by special permit in office zones. Village Board 9.5 Adopt a policy that any zoning change (including mixed-use) sought by an applicant that would expand the permitted uses should include a provision for affordable housing units. Village Board Explore allowing accessory apartments in low-density single-family zones subject to criteria including: ■ They would be allowable only in the R-12, R-15, R-20 and R-25 zones ■ They would require a special permit from the Village Board ■ They must satisfy parking requirements for both the principal and accessory residential 9.6 use Village Board ■ They may be no larger than 20% to 25% of the principal residential use and limited to studios or one-bedroom units ■ Either the principal residential use or accessory apartment must be occupied by the property owner or a family member 9.7 Continue to encourage affordable housing developers to use the Village's affordable housing floating zone and other land use provisions adopted as part of the Westchester County model ordinance. Village Board 10. Commercial Development 10.1 Abolish the OB-S zone and rezone the areas included in that zone to the C1-P district. Village Board Consider rezoning the commercial property between the Port Chester Middle School and Rye Brook Plaza from OB-2 to C1-P. With this rezoning in place, look at revising the permitted uses in the 013- 10.2 2 zone to exclude single-family uses and residential-to-office conversions, as the only remaining Village Board uses in the OB-2 zone would be the 760/800 Westchester Avenue office complex and the middle school. Chapter 15: Implementation and Action Agenda 207 10.3 Clean up the permitted and special permit uses in the OB-2 and OB-3 zones to eliminate redundancies and minimize confusing cross-references. Village Board 10.4 Assess whether separate OB-2 and OB-3 zones are needed, given their identical minimum lot sizes and similar area and bulk regulations. Village Board 10.5 Consider whether multifamily housing should be allowed in office zones by special permit, as well as complementary retail, restaurant or recreational uses. Village Board Consider measures to address issues of nonconformity in PUD zones, including: ■ Remove the locational requirement for PUDs to be north of the Hutchinson River Parkway. ■ Adjust the density requirement for residential uses to a less restrictive regulation that still maintains Rye Brook's low-density character. ■ Adjust the FAR requirement for offices to better match modern facilities. The current 0.12 maximum FAR is highly restrictive; a range of 0.25 to 0.5 may be more 10.6 appropriate. Village Board ■ Remove the square footage restriction on retail uses, and instead require any retail to be accessory to a principal use. Continue to make such uses subject to a special permit. ■ Allow assisted-living or senior congregate-care facilities to be a maximum of four stories or 45 feet in height, as consistent with typical facilities of this type. ■ Adjust the parking requirement for assisted-living facilities to 0.5 spaces per unit (currently 0.75 spaces per unit) as consistent with actual parking utilization of such facilities. 11 . Village Center Focus on creating a navigable pedestrian network to improve access to the shopping and civic Planning Board, 11.1 destinations surrounding Rye Brook's primary intersection at South Ridge Street and Bowman Avenue. Engineering/ Public Works 11.2 Work with the County DPW to create formalized crosswalks at the Bowman Avenue/South Ridge Street Engineering/ Westchester and Ellendale Avenue/South Ridge Street intersections. Public Works County DPW Chapter 15: Implementation and Action Agenda 208 In the short-term, create landscaped buffers along sidewalks on South Ridge Street. Longer-term, 1 1.3 promote a development pattern that places new buildings closer to the street frontage and provides Planning Board, parking to the rear of buildings. This could be encouraged through the use of design guidelines or Village Board other regulations, including streamlining site plan review or by providing developer incentives. Work with property owners to strengthen pedestrian frontages within shopping centers through 11.4 improved landscaping, lighting and wayfinding signage and branding, and extend this approach to Planning Board, the shopping centers' parking lots and road frontages along South Ridge Street and Bowman Avenue. Village Board 12. Municipal Facilities and Community Character 12.1 Revisit the 2010 Police Department and Village Hall Space Analysis Study to determine the extent to Administration, Police which its recommendations for the Police Department remain valid and may be best implemented. Department Continue to maintain a strong and cooperative relationship with the Blind Brook and Port Chester 12.2 School Districts to ensure that they meet the needs of students and their families, while retaining and Administration enhancing the community character of Rye Brook as a whole. Chapter 15: Implementation and Action Agenda 209 Village Capital Investment Plan Village Inter- Governmental 4. Land Use and Zoning 4.6 Pursue a right of first offer for the gas station property at Ridge Street/Bowman Avenue for potential use Village Board, as mixed-use development and/or public space. Administration 5. Natural Resources and Stormwater Management Undertake a comprehensive sustainability plan to articulate a vision and approach to sustainability that is tailored to Rye Brook, with an action plan of implementable practices or projects that would be Village Board, 5.3 Sustainability effective in addressing specific goals, objectives and targets in a measurable and cost-effective manner Committee through the establishment of milestones and appropriate timelines. 6. Parks, Recreation and Open Space Consider installing additional benches and seating areas near the older baseball field at Pine Ridge Engineering/ 6.4 Park. Public Works, Parks & Rec Undertake upgrades to Garibaldi Park to improve its usage and aesthetics, with consideration for: ■ Replacing the playground apparatus. ■ Seeking alternate funding for replacement of the baseball field and surrounding area with Engineering/ 6.5 artificial turf. Public Works, Parks & ■ Coordinating with the Washington Park Plaza owners on installation of a planting screen or Rec mural along the rear of the commercial building to reduce the incidence of graffiti. ■ Pursuing future acquisition of additional properties along Garibaldi Place to allow for more Chapter 15: Implementation and Action Agenda 210 programmable park space and added parking. Consider enhancements to passive recreational spaces to make them more user-friendly; raise their visibility; and reduce problems associated with unmarked open space, such as dumping. For Rich Manor Park in particular, explore actions such as: Engineering/ 6.6 ■ Addition of park signage and benches. Public Works, Parks & ■ Wayfinding signage directing bicyclists and pedestrians to the park via the path along Rec Acker Drive. ■ Creation of walking paths into and through the park, providing for views of the brook. Pursue creation of a trail network on the 16-acre Village-owned parcel on upper Lincoln Avenue. Parks & Rec, 6.7 Explore providing both pedestrian and bicycle trails, as well as related amenities such as benches, Engineering/ restrooms, signage and bike racks, and provide for public access to the Blind Brook. Public Works Explore the potential for dog park(s) at the Village-owned Lincoln Avenue property or the future Village Board, 6'8 Bowman Avenue Park. Parks & Rec 7. Transportation Undertake a bicycle and transportation improvements plan to establish a priority list of capital Engineering/ Westchester 7.5 improvement projects and potential funding sources for necessary infrastructure. Public Works County DOT, NYSDOT Extend and widen the sidewalk along the northern side of Bowman Avenue, from South Ridge Street to 7.6 Port Chester Middle School, to increase pedestrian capacity and provide a continuous walkway from Engineering/ Westchester Ridge Street west to the school's baseball field. Public Works County DOT 7.7 Explore the potential for a new pedestrian crossing on Ridge Street from the sidewalks on the eastern Engineering/ Westchester side of the roadwayto the Crawford Park entrance on the western side. Public Works County DOT Chapter 15: Implementation and Action Agenda 211 8. Infrastructure and Utilities Work with the County to continue to implement projects that can reduce inflow and infiltration into 8.5 sanitary sewer collection systems, in order to improve capacity and reduce stress on the County's Engineering/ Westchester treatment plants. Public Works County DPW 11 . Village Center 11.5 Complete the sidewalks along the frontages of the Rye Ridge Shopping Center, especially on the west Engineering/ Westchester side of South Ridge Street north of Crescent Avenue. Public Works County DOT 11.6 Work with shopping center owners to establish clearly defined networks of internal pathways within Engineering/ surface parking areas, and link these networks to enhanced Village sidewalks. Public Works Incorporate in the DPW facility replacement plans green building elements and green buffers to 11.7 screen its activities from adjacent residential uses. Control the design and placement of lighting to Engineering/ avoid spillage onto adjoining properties. Public Works Implement design guidelines as an advisory document to encourage diversity in building type, 11.8 program and character, and to promote flexibility in the approval process. Such guidelines could be Village Board, applicable within a downtown overlay zone. Planning Board 11.9 Consider developing local signage design guidelines based on existing positive examples. Village Board, Planning Board Chapter 15: Implementation and Action Agenda 212 Further Study Village Inter- Governmental 6. Parks, Recreation and Open Space Explore acquiring Crawford Park from Town of Rye to capitalize on its potential as the Village's 6.9 "Central Park." One area of potential focus for expanded uses at the park is the portion fronting Ridge Village Board Town of Rye Street, which is not subject to the same deed restrictions as the remainder of Crawford Park. 12. Municipal Facilities and Community Character Look at broadening the constituency of the Anthony J. Posillipo Community Center to appeal to a wider demographic and attract more users, while ensuring that the center continues to serve its core constituency of Rye Brook's seniors. Potential measures include: ■ Forging stronger partnerships with area institutions such as schools and the library, and improving coordination with the Village Parks and Recreation Department. Senior Services, 12.3 0 Targeted building investments such as multimedia upgrades to make the facility more Administration, Parks attractive to hosting a greater variety of events and activities. & Rec ■ Obtaining additional parking adjacent to Garibaldi Park and clearly marking it as usable for the Community Center, with improved signage and wayfinding. ■ Enhanced branding and expanded outreach to the community at large, including improved marketing of the center's availability for event rentals. 12.4 Undertake a village-wide community branding initiative. Village Board Chapter 15: Implementation and Action Agenda 213 Chapter 15: Implementation and Action Agenda 214 January 27, 2015 R-1 RESOLUTION REFERRING AN APPLICATION TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION ON A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR AN ATTACHED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY AT 965 ANDERSON HILL ROAD (AKA DORAL ARROWWOOD HOTEL) WHEREAS, New York SMSA Limited Partnership d/b/a Verizon `Fireless ("Applicant") has made an application to the Village of Rye Brook Board of Trustees for approval of a Special Use Permit and Site Plan for an attached public utility wireless telecommunications facility and appurtenances on real property located at 965 Anderson Hill Road, also known as the Doral Arrowwood Hotel, designated as Parcel ID 129.34-1-45 on the Town of Rye Tax Map and located in the PUD Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for this application in accordance with Sections 209-1(A)(1)(b) and 250-39(D) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determines the proposed action to be an Unlisted Action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 209-3 of the Village Code, the Board of Trustees hereby refers the application to the Rye Brook Planning Board for Report and Recommendation; and BE IT FURTHER RESOLVED, that the application is also referred to HDR, Inc. for engineering and environmental review and report. LAW OFFICES OF SNYDER & SNYDER, LLP 94 WHITE PLAINS ROAD NEW YORK OFFICE TARRY'rowim, New YORK 10591 NEW JERSEY OFFICE 445 PARK AVENUE,9TH FLOOR (914)333-0700 ONE GATEWAY CENTER,SUITE 2600 NEW YORK, NEW YORK 10022 NEWARK,NEW JERSEY 07102 (212)749-1448 FAX(914) 333-0743 (973)824-9772 FAX(212)932-2693 — FAX(973)824-9774 WRITER'S E-MAIL ADDRESS REPLY TO: LESLIE J.SNYDER ROBERT D.GAUDIOSO DAVID L.SNYDER (1956-2012) LSnyder@Snyderlaw.net Westchester Office December 3,2014 E Honorable Mayor Paul S.Rosenberg and Members of the Village Board of Trustees DEC If 2014 Rye Brook Village Hall V1 LLAGE OF —E BROOK 938 King Street Rye Brook,New York 10573 BILDING DEPARTMENT RE: New York SMSA Limited Partnership d/b/a Verizon Wireless Proposed Public Utility Wireless Telecommunications Facility On the Doral Arrowwood Hotel located at 965 Anderson Hill Road,Rye Brook,NY Honorable Mayor Rosenberg and Members of the Board of Trustees: I am the attorney for New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") in connection with its request for special permit and site plan approval to install an attached public utility wireless telecommunications facility ("Facility") at the captioned property. The Facility is proposed on the roof of the existing hotel/conference center building known as the Doral Arrowwood CBuilding"). The Facility has been strategically designed to shield it from view by having the antennas concealed within a flagpole affixed to the roof, together with related equipment behind a screen wall designed to match the Building. The Property is located in the PUD (Planned Unit Development) zoning district, wherein pursuant to Section 250-39 of the Village Zoning Ordinance, wireless telecommunications facilities, such as the Facility,are permitted by special permit from the Village of Rye Brook Board of Trustees. In connection with the foregoing, enclosed please find the required application and escrow fees,together with eight(8)paper copies and one electronic copy of the following materials: I Special Use Permit Application, Site Plan Application and Exterior Building Permit Application,together with a letter of authorization from the owner of the Property attached thereto; 2. Statement in Support of the Application,with the documentation required by Section 250-39 of the Zoning Ordinance; 3. Full Environmental Assessment Form and Visual EAF Addendum; and 4. Signed and sealed Site Plan prepared by Tectonic Engineering and Surveying Consultants,P.C. We look forward to discussing this matter at the next available Board of Trustees meeting. If you have any questions or require finther documentation,please feel free to contact me or Michael Sheridan of my office at(914) 333-0700. Respectfully submitted, Leslie J. Snyder LJS:ms Enclosures cc: Verizon Wireless Tectonic Engineering ZASSDATA WDATAM4 WP\NEWBANKM&e BonhommOurchase 21ZoningWillagaboardletterUsnov20l4.ms.doc 2 LAW OFFICES OF SNYDER & SNYDER, LLP 94WHITE PLAINS ROAD NEW YORK OFFICE TARRYTOWN, NEW YORK 10591 NEW,JERSEY OFFICE 445 PARK AVENUE,9TH FLOOR (914) 333-0700 ONE GATEWAY CENTER,SUITE 2600 NEW YORK,NEW YORK 10022 NEWARK,NEW JERSEY 07102 (212)749-1448 FAX(914) 333-0743 (973)S24-9772 FAX(212)9.32-2693 FAX(973)824-9774 WRITER'S E-MAIL ADDRESS LESLIE J.SNYDER Msheri(hm@snyderlaw.net REPLY TO: ROBERT M GAUDIOSO DAVID L.SNYDER 'mown Of rice (1956-2012) December 9,2014 Honorable Mayor Paul S.Rosenberg and Members of the Village Board of Trustees 1 Rye Brook Village Hall 2014 938 King Street UVll.LAGE OF 1 AGE p RYE 13ROO Rye Brook,New York 10573 ARTMENT RE: New York SMSA Limited Partnership d/b/a Verizon Wireless Proposed Public Utility Wireless Telecommunications Facility On the Doral Arrowwood Hotel located at 965 Anderson Hill Road,Rye Brook,NY "Property") Honorable Mayor Rosenberg and Members of the Board of Trustees: Pursuant to your request,enclosed please find the following documents: 1. One (1) Site Plan Application and one (1) Special Permit Application, together with a letter of authorization from the owner of the Property attached thereto; 2. One(1)Architectural Review Board Check List for Applicants; 3. One(1)Exterior Building Permit Application. We look forward to discussing this matter at the next available Board of Trustees meeting. If you have any questions or require filrther documentation,please feel free to contact me or Leslie Snyder at(914)333-0700. Thank you for our prompt attention to this matter. _., Y Y p P � [E �1 eJ ' 1 3 Respectfully submitted, Snyder&Snyder,LLP _ Michael P. Sheridan MS/jw Enclosures cc:Verizon Wireless Z:ISSDATA,WPC}ATA`.SS4`.WPNEWBANM\MIKE BONHOMMMPURCHASE ZZONINMADDMONAL DOCS.LTR.RTF NYDER ski SNYDER,LLP R 94 While Plains Road Tarrytown,New Yolk 10691 DEC — 014 (914)333-0700 Fax:(994)333-0743 VILLAGE ;'RYE BROOK Authorizatlon BUILDIN UEBARTMENT To; Michael Parisi Date. May 9,2014 Email: Pages: 14 including this cover sheet. From: Leslie J.Snyder,Esq. Subject: Wr-h=haae 375 Anderson HiRo� , hue.It1�t} Dear Mr.Parisi: In connection with that certain Building and Rooftop Lease{"Lease'*,dated September 27, 2013,between DCCA,LLC d/b/a Doral Arrowwood and New York SMSA Limited Partnership dtb/a Verizon Wireless("Verizon Wireless"'},attached please find updated e:Maits whic:hdepictthe revised location of Verizon Wireless'generator and associated improvements. Please sign below to acknowledge that the revised exhibits are acceptable. Upon such approval,we will forward to you an Amendment of Lease. I appreciate your prompt attention to this matter.Please call me at(914)333.0700 with any questions. Sincerely yours, Leslie J.Snyder Authorized and Approved DCCA,LL Doral a By: Authorized Signatory Name. `►-'briAAwA L.1*"k-w0x-`M Title: 4,,,f,. Dated: 9,zs j%'f THiS COMMUNICATIONCONrAMB RUVE W AND CONFtDMML WORMATION INTEiMIM 0MYFOR MUSE OFTMADDRESSER WYOUMMNOrr'nEAf!'ffiMWRWt T Mg4BEADMIOTMTUM UNMUMORMW DISSEMNATM OF TM OONOMWATM IS STRICTLY PROMUM.W YOU HAVE WHIM TM COMMUMCATION IN BRROR,KINDLY NOrM SMUM EY CX U.Wr-CULFOR XMTMR INSTRI CMNS, 7%MATAIWPVATA14SAWPMWHA?+R.11 &*B=b==N=bm Mvv6mfix6mv d D E EUVE VMLAGE OF RYE BROOK DEC 1 1 2014 938 KING STREET RYE BROOK,NEW YORK 10573 �iLLAGE O RYE 13ROOK PHONE(914)939-0668 FAX(914)939-5801 SUILL�!NC; OI=PAR7MElUT WEB BITE: wwwxyebrook.org APPLICATIONFOR IWIRELESSIATTACHED UTWLESS TELECOM II,WICATTONS FACILI77SPECUL PERMIT Section 250-39 Code of the Village of Rye Brook NOTE. 30=MSQFAI,LD C A1tEN1"A;ON.I?VCE I]7ING�f�1B�'LAIVAPPI:Y�4T�t9N AND FUL B1lffngffl' #SS2i'UA NTIS Part A. Category of Facj&leheck one ( ) Wireless Telecommunications Facility (X) Attached Wireless Telecommunications Facility Part B. Project Location Section: 129.34 Block: 1 Lot: 45 Zoning District: PUD PropertyOwner: —Von lt._ G2(7 ti WOCST, Name: DCCA, LLC d/b/a Doral Arrowwood Address: 975 Anderson Hill Road,Rye Brook, New York Telephone: 914-939-5500 Fax: i Part C. Applicant Applicant:_ New York SMSA Limited Partneo d/b/a Verizon Wireless Address: cto Snyder&Snyder LLP,94 White Plains Road,Tarrytown,NY Telephone: 914-333-0700 Fax: 914-333-0743 Managing Agent: Ryan Maybeck Address: 4 Centerock Road,West Nyack Telephone: 914-714-7371 Fax: Service of Process Agent: Ryan Ma beak Address: alp Snyder&Snyder,LLP,94 White Plains Road,Tarr Gown,New York 10591 Telephone: 914-333-0700 Fax: 914-333-0743 Part D. Cons"tan Radio Frequency Engineer: All Aijibod-Verizon Wireless Address: 4 Centerock Road,West Nyack, NY Telephone: 914-714-7224 Fax: Structural Engineer:_Tectonlc Engineering&Surveying Consultants,P.C. Address: 1279 Route 300,Newburgh, New York 12560 Telephone: 845-567-6656 Far. 845-§§Z-8703 Health Physicist: Pinnacle Telecom Group-Daniel J.Collins Address: 14 Ridgedale Avenue,Cedar Knolls,New Jersey 07927 Telephone: 973-451-1630 Fax: Part E: FacIP& Type: X Attached Lattice -Monopole NIER Level: 1.0929% Height 35' Above Ground- 84-6' feet Above Attacluncat Structure: 35' feet Distance to Nearest Dwelling: 665' feet Manner of Erection: steel platform Value of Improvement:$ Part F: Ayjahft"o Fee (make check payable to the:VIIIIInge of Rye Brook) Wirelessof n ,#attached Fee paid Date paid: Part G: QXcIM Items to be submitted with application(please check off): (x) Site Plan Application (K) Full Environmental Assessment Form Application (X) Visual Environmental.Assessment Form (x) Antenna Report(En girim) (x) Radio Frequency Report(Health Physicist) (x) Structural Report by NYS Licensed Professional Engineer (x) Co-location Certification and Affidavit (X) Interference Certification and Supporting Documentation (X) Statement of On-Site Service Needs N/A( ) Landscape Plan (x) Abandonment Bond Site Access Agreement-Pursuant to Section§250-39(F)(14)it Is requested that this Honorable Board waive this requirement at this time. New York SMSA Limited Partnership d/b/a Verizon Wireless See attached Letter of Authorization By: OLUA(&WAG2!::� V- Signature of Owner Signature of Applicant Ryan Maybeck Print Name Print Name New York SMSA Limited Partnership d/b/a Verizon Wireless By: V"IUZ Authorihfirm AllovFihg Service of Process on Agent Ryan Maybeck Print Name STATE OF NEW YORK COLWTY OF WESTCHESTER as: New York SMSA Limited Partnership d/b/a Verizon Wireless being duly sworn,deposes and says: that (Priwwa-:of appacmik agent ownw,caparaft otica) RCCA,LLC d/b/a Doral Arrowwrood is the(circle one owner, ant,corporate officer of the promises to which this application applies;that the applicant is duly authorized to make this application; and that the statements obtained here are true and made to the best of the applicant's knowledge and belief. Sworn to before,me this OL Sworn to before me this day of, 20 14 day of .120 Notary blit Notary Public New York SMSA Limited Partne hi d/b/a IMss Ew. -- See attached Letter of Authorization Signa t&-rof Affilidauf Signature of Owner Michael R.Bonhomme Notary Public,State of New York No.01 806144229 Qualified In Orange County Commission Expires 04/24/2011 E C E Y y. ox DEC f t 2014 938 TONG y ` NY 10573 (914)9 : 39-5801 V1t LOGE OF RYE 13ROOK BUtLQlNG L7EPAFtTMENT *rtrttt**»wtrttt*rtw»rtrtw*rtst*rt**srtrtrttt*s**t****rtrts*sst*t*ss*»wwsrttss»*t**t***********s***t****st*ss***»******** FOR OFFICE USE ONLY: BOT Approval Date: PB Approval Date: BOT Disapproval Date: PB Disapproval Date: r Chairman: Attach Resolution: BOT PBA E I ZBA[ I *srt*wwsw*s*srtrt**s*rt»**s»**w*t*s»*rt*wrtrtsrt»*sirtssss*s*sswsss****ssssssrtrtswwsss*s*wrt*srt***rtw**rts»ssrtrttw»*t**rt* ,SITE PL"A'PLICATION SUBMISSION OF APPLICATION DOES NOT ASSURE PLACEMENT ON ANY PLANNING BOARD AGENDA, APPLICANT WILL BE NOTIFIED OF SUCH PLACEMENT. »»*»*»*trts»*w*rtsrtsws*»s»***rt*rtssrtrtt*rts*sst**ssrtrt*ssrt�srtwssrts***rtsrt*s*s»st*rt*»***»s»t***►**rt***»rt*w**»ssrtswrt AMMM:TH18 SITE PLANAPPIICATION REFERENCES BUT IS NOT LIMITED TO THE FOLLOWING CODE SECTIONS OF THE VILLAGE OF RIB BROOK; SECTIONS:250 ZONING, 209 SITE PLAN REVIEW,235 TEES, 107 DEMOLITION OF BUILDINGS,224 SWIiVI MG POOLS,121 EXCAVATION&TOPSOILREMOVAI,I IS EROSION&SEDBU NT CONTROL,213 STEEP SLOPES PROTECTION, 219 SUBDIVISION OF LAND, 25040 NOTIFICATION REQUR NAENTS. DESIGN PROFESSIONALS&APPLICANTS ARE STRONGLY ENCOURAGED TO REVIEW THE ABOVEMENTTONED CODE SECTIONS, AVAH ABLE ONLINE AT M3N,0Mbro0k.or9 PRIOR TO COMPLETING THIS APPLICATION. =PLAN: IdentificationofApplicant• New York SMSA Limited Partnership d/b/a Verizon Wireless("Verizon Wireless") owner: RCCA,LLC d/b/a Doral Arrowwood Address:_ 975 Andjrson Hill Road,Rye Brook,NY E-Mail: Tel.#.. 914-939-5500 gm Applicant: New York SMSA Limited Partnership d/b/a Verizon Wireless c/o Snyder&Snyder LLP 94 White Plains Rd. Address: aaytowo,tly ID591 P-MaU:IZpydeEQj0yd2rlaw,net Tei.#: 914-333-0700 Fax: 914-933-0743 DesignProfessioml: Tectonic Engineering&Surveying Consultants,P.C. Address: 1279 Route 300,Newbur hc�New York 12550&Matt: TeL#: 845-567-6656 Fax: Designate to whom correspondence is to be sent: Note: If applicant is a"Contract Vendee",please attach a copy of the contract summary with financial and confidential teams deleted. IDE TIO&QF A. Identify*Title: 965 Anderson Hill Road B. Tax Designation: Section: 129.34 Block: 1 Lot: 45 C. Zoning District: PUD D. Street which property abuts: Anderson Hill Road E. Does property connect directly into State or County highway? No LAST REMED 7.13 F. is site within 500 feet of Village Boundary? Na If yes note all bordering municipalities: G. Total area of site: 1.59 acres Area of site activity 0.03 acres H. Site coverage: 1.a8 _%; Building coverage: 78.62 No L Existing building size: 38,646 sq ft New/additional building Sim no change J. Existing parking spaces NL New parking spaces N/A K Nature of proposed activity installation of wireless telecommunications facility including a stealth flagpole and related area APPLICATION FEES: Application fees are non-refundable. Environmental Fees and Site Plan Fees must be paid on separate checks. Make checks payable to the:Village of Rye Brook. Residential Dwellings $300 plus-$200 per additional unit Non Residential $450 plus-$30 per parking spare Planned Unit Development $500 per acre PUD Amendment $250 Site Flan Amendment $550 Wetlands&Watercourse $1,100 Consultant Review(Environmental)Fee: Minim wn fee$250-maximum fee$2,500 estimated. Applicant's Environmental Account must have a positive balance at all times prior to any Consultant,Attorney,Village, and Board review. SITE PLAN FEB: 1_ - —DATE PAID: VZ I -&I 1 ENVIRONMENTAL FEE: DATE PAM: Please note that this application must Include the notarized signature(s)of the legal owners)of the above-mentionod property, In the space provided below.Any application not bearing the legal property owner's notarized signature(s)shall be deemed null and Vold,and will be miumed to the applicant. STATE OF NEW YOM COUNTY OF ViESTCHESTEEL ) as: Wnv& f N=Yo*SMSAUWA#d PeilnemNp a =owrig ,being duly sworn,deposes and states that he/she is the applicant above named, 4XintVUWGfh&r;&Ad 24ping astkspfiwao. and fairther states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the lessee -for the legal owner and is duly authorized to mallm and file this application. (ladim -hftw%wnu%W.age4 aftomy.et&) That aft statements contained herein are true to the beat of his/her knowledge and boU4 and that any work performed,or use conducted at the above captioned property will be in conformance with the details as sat forth and contained inthis application and in any accompanying approved plans and specifications,as well as in accordance withtheNawYcdc State UniftmFire Prevention &Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Swam to before me ffis Swam to before me this �I U I dayof 020— dayof t .20 1Y Notarypublic Ne,N!nyj4!)Pat ip . , at d/b/a VerLzon Wireless SEE ATTACHED LETTER OF AUTHORIZATION V V Signantre of Property Owner S' fico 64jficM f3yap MaybgQk Print Name ofProporty Own" Print Name of Applicant Michael R.BonhoMmo Notary Public,State of New York LAST P"SED 7.13 No.01 B06144229 Qualified In orange County Commission Expires 04/24/201_9 VILLA 938 IeJOK ng S Y105" (014)M 39-.SBOI SITE PLAN SVBAHTTAL REYMW CBECKUST This form shall serve as a checklist for site plan submittal and review by the VillageofRye Brook The use of this plan review checklist by the applicant is to ensure compliance,with the technical provisions of The Village of Rye Brook Site Plan Code,Section 209,pertaining to preliminary and final plan preparation.The Village of Rye Brook Site Plan Code is available at The Village of Rye Brook Building Department or to download at:www.nLebMgk,9r SEM]IAN LTMM[UAL§EULL INICIAME: 1. APPLICATIONS. Completed and signed Including correspondences. 2. CBZCKLIST. Completed and signed. 3. PLANS. Signed, Scaled&Dated. Mean paper(15) copies or twenty (20) copies when Board of Trustees approval is required and one(1)ele-etronle,version. One(1)record set with original signatures,dates and seals may be provided and submitted with fourteen(14)copies or nineteen(19)copies that clearly indicate the signatures, dates,and seals shown on the record set. 4. FEES: All application fees and Environmental he. A separate check for Ong fee and Environmental fee. 5. Environmental Form. Short or Long Form(contact offlee)completed. 6. Electronic Copy. Complete copy of all plans and shag be submitted electronically at time of submission. 7. Prior to the appearance before ANY meeting or hearing of the Planning Board, the applicant must comply with all Notification Requirements of Code Section 25040. 1 Now iers York Sr A P /b/ ertzon Wireless I Ay;. M (APPLICANT'S SIGNATURE)have mad the Notificatio Ai—f Code Section 25040 and will provide notification as required. 'n Requhre�=11=50rl MINDECATI, OF A AEtUQ=S): Identifr.ation of Applicant:New York SMSA Limited Partnership Verizon Wireless drb/a Verizon Wireless Applicant:New York SMSA Limited Partnership Varizon Wireless d/b/a Verizon Wireless Address: clo Snyder and Snyder LLP,94 White Plains Road,Tarrytown,NY 10591 914-333-0700 Fax:914-333-743 -Mail: lsnydar@snydedaw.net Project Name. Verizon Wireless Attached Wireless Telecommunications Facility Project Address: 966 Anderson Hill Road Current property Owner DCCA,LLC,6b/a Dora)Arrowwood Address:975 Anderson Hill Road,Rye Brook,NY Tel.##• Fax-, E-Mail:- IDXrJTMATI QFPffl Identifying Title., 965 Anderson Hill Road Tax Designation;-Section: 129.34 Block: i Lot: 45 Zoning District- PUD Street which property abuts: Anderson Hill Road Plan Submission Date: Site Plan Checklist PsgelofIl Project Address XNNA VAMffffa(ffBEMCM 0 00 15-20 copies of pleas prepared and signed by a registered Land Surveyor,Engineer or Architect. 0 00 One(1)electronic copy of all submitted plans. 0 00 Topographic Survey stamped by Now York State Land Surveyor with license number and seal 0 0 * Topographic survey scale of one(1)inch per twenty(20)feet or larger. 00 Section,block and lot uumbero of the property taken from the latest tax records along with a copy of the most recaut property card an file with the Town of Rye Tax Assessoes office. 0 00 Name ofthe proposed subdivision plan. 0 00 Name and address of the owner of record, 0 00 Name and address of the applicant. 0 00 Deed M%rano4e). 00 0 Names,addresses and signature of every Engineer,Architect Land Surveyor or Soil Scientist whose professional seal appears an any site plan submitted to the Board. 40 0 0 North arrow and scale. 0 00 Location map at the minimum wale of I"equals 1,000 fcaL & 00 Area of all lots,in square feet. 0 00 Engineering notes on plans as stated,in application packages. 0 0 * Copies of all existing and proposed deed restrictions or covenants applying to the property,including,but not limited to, covenants and agreements restricting the use and establishing future ownership and maintenance responsibilities for all private roads,recreation,and open space tress. 000 Any prior land use approvals with respect to the subject property. 000 Date the plans were first drafted. Anyrevision(o)made to any ofthe sheets*4 submitted are to be so noted in the revision block. The revision block is to be placed onto originals ofthe revised shads. Additional paper copies are to be made& submitted for the Planning Board&Building DepL to replace those sheets previously submitted. 000 Other uisting site improvements,including,but not limited to,fenoea,landscape orrataining walls,landscaping saomink 1600 Location of all buildings and structures an the premises and approximate location ofoll neighboring buildings cr structures Wilbitt IOD"Of this lot line. 000 Fen paid to The Village of Rye Brook Building Department 000 Any revisions to plan shell be identified with arovision cloud and numbered revision triangle X N FA AROMUMMUZEM-09MUM 0 0 0 The names and addresses of all abutting Property owners within 2.50 it as indicated in the Municipal records. 0 00 Zaning and use of abutting properties noted an plans. 0 0 * Shape,size,licigitt and location of existing buildings and driveways within me hundred(100)Ext ofthe site. 0 00 Location and description of wdsfwg easements within one hundred(100)fed of the site. 0 00 Location of existing private or public trails within one hundred(100)fed ofthe site. 0 00 Location of existing rondo,scenic roads andfor driveways within two hundred(200)too ofthe site. 0 00 Location ofFcposcd parkland.Ifnanc:state nearest rccreadon fiscility 0 00 Location of odsting septic system leach fields within two hundred(200)fast of the site. 0 00 Locations,dimensions,Wades and flow direction of existing sewers,culverts,waterlines on well as other underground utilities within and adjacent to the property, Site Plan Checklist Page 2 of 7 Project Adders 000 The location of all existing watercourses,intermittent steams,wetland arms and springs,consistent with the definitions so forth in Chapter 245,Wetlands and Watercourses,ofthe Code ofthe Village of Rye Brook Y N NA PRQMS"SITE PLANINFQMTIfIN 0 00 Sufficient acceptable inftmaticst to readily determine the location,bearmg,and length of every street line,lot line,and property boundary line. 0 0 0 Location of all building setback boo. 0 0 0 Topographic data at a minimum contour interval of V-Vincrements,showing existing and proposed contours on the property and extending a minimum of25 fed into all adjacent prapertica. 0 0 0 The location and characteristics of the different arm of vegetation,including the identification of all individual tees 12 or more inches in diameter at breast height("DBIr),protected trees of any size,as well as stands of trees and wooded areas, within area of proposed disturbance,consistent with the provisions of Chapter 235,Trees,of the Code of the Village of Rye Brook. 0 0 0 Location and proposed development of all buffer areas,including existing vegetativo cover, 0 00 Location and description of any zoning district and municipal boundaries including a zoning compliance chart for the existing and proposed lots. 0 0 Shape,size,height and location of all existing and proposed buildings. 0 0 * Location and description of any existing and proposed easements. 0 00 Location and dimensions of all existing and proposed stress,driveways,sidewalks,parking spaces,bicycle parking, loading aress and other facilities associated with the proposed Use. 0 0 0 Identification ofthe location and amount of building area proposed for retail sales or similer commercial activity. 0 00 Location of oxiating and proposed utilities(water,sewer,M electrical,telephone,oil tank etc.). 0 00 Design and location of all existing and proposed wells,septic tanks and leach field systems,or methods ofwaste water disposal. 0 00 Location,type and size of all existing and proposed landscaping and screening including fences and wails, 0 0 0 Location,size and proposed screening of outdoor storage arcas,if any. 0 0 0 Location, "go and construction material of all existing or proposed site improvements, including drains, culverts, retaining walls,landscape wells andAmocs. 0 00 Bxtcrior lighting plan and proposed sips to be located no site,including sip orientation,size,freight,and elevation view. 0 00 Stem drainage plan and plans for snow removal and storage. 0 0 0 Pedestrian and automobile circulation plan. 0 0 0 Construction drawings for pavements,walks,step,curbing,drainage&other structures associated with the proposed use, 0 00 Erosion and sedimentation control plan,including installation details of pr control measures,directive construction notations and a schedule for the Wtallation and maintenance o(proposed control measure. 0 00 Description of measures planned to assure proper erosion and sedimentation control in accordance with the requirements of Chapter 118 entitled"Brosi an and Sediment Control,"ofthe Code of the Village of Rye Brook 0 0 0 Drawing and computation,for stem water detention design fur a 2$-year storm in accordance with the Westeitester County Best Manage ntent Practices 0 00 Rock outcroppings and areas of steep slope consistent with the definitions sat hrdt in Chapter 213,Steep Slope Protection, of the Code of the Village ofRye Brook 0 00 Location of any common lands and/or public lands. 0 00 Phasing or an estimated project construction schedule. 0 00 Supporting documents,including loads,maintenance,condominium,agreements,etc, Site Plan Checklist Page 3 of 7 FrOect Addma 000 Location of proposed construction or area of disturbance and its relationship to any property line, easement, building, structure, read, wall, fence, sewage disposal system, well, wetland feature of tree exceeding six inches in diameter measured at a height of four het from the ground 000 Estimate of earthwork showing the quantity of any material to be imported to and/or removed from the site including a chart with the number/species and size of any trees to be removed. 000 Location and size of areas of soils by soil types In the area of proposed disturbance and to a distance of IOU fed amunding the area of disturbance. 0 0 0 Cross sections of steep slope areas. 0 0 0 Retaining walls or like constructions,with details of construction. 0 0 0 Approximate boundaries of any areas subject to flooding or stormwatc-overflows,including areas of special flood hazard and coastal high-hazard area,consistent with the definitions set forth in Chapter 130,Flood Damage.Prevention,of the Code of the Village of Rye Brock Approximate Wetlands and wedend buffer boundaries shall be clearly delineated. 0 0 0 Location of fire and other emergency zones,including the location of firs hydrants. 0 0 0 Studies to include,but not necossatily limited to. environmental hupact analysis,wildlifi;traffic,stormwater management,recreation,public service,fiscal impact,visual impact and historic significance documentsdon,or a written request to waive the submission requirements for these old 0 0 * Amount of any bonds required. 0 0 40 Amount of movated Material to be removed from site,if any, X_N MA QZM(gr. Mk" 000 Record of application for and approval status of all necessary permits from state and county officials and local utility companies. 000 Identification of any federal,state or county permits required for the projooft execution,including project referrals, if any,&environmental review procedures mandated by Article 8,Environmental Quality Review,of the Environmental Conservation Law(SEQRA). 000 Any other information felt necessary by the Planning Board to allow the Board to proceed with consideration&to make an informed decision. RE VEL QE49M RE VM ff CP CKMST ?R EQ LL—A–Aam B Notice to ApplicantalDevelopen., At some point during the development review process your project may be rcf=ed to the WeStehestar County Planning Board for review and comment in accordance with state and county laws that require local planning boards, zoning boards of appeals and governing bodies to refer certain development applications to the County Planning Beat Referral to the County Planning Board may not occur until your project has progressed well along through the design process.Since the Planning Boards comments may impact project design,this checklist is provided to encourage early consideration of then am of concern by applicants to avoid project changes later. For information on the County planning Board review process and to access an electronic copy of this checklist, ge online to www.vmstcheotergov.00mll)la=izigre%rals or contact LaAw Harbert at IuhS@wefftchcaWgov.c=. L COUNTY PLANNING BOARD POLICIES: Written policies underlie all recommendations of the County Planning Board. Womhater 2023-Con AWfor Cowry and Mw"pal Ploadng and Policies to GA&e ConoW Plannhm adopted by the County Planning Board on 516108,amended 15110,can be found at ww.wcstchcattsVvcom1202S. a Westchester 202$:Policies should be reviewed to determine how they relate to the development proposal. 11.IMPACTS TO COUNTY FACILITIES AND SERVICES: The County Planning Board coordinates the review of development projects with Westchester County departments to identify and address potential impacts an County services and biftstruclure.In some situations,permits and approvals may be required that could change project design. Site Plan Checklist Page 4 of? Pmject Address ❑ Map of County Facilities: Review the State&County Roads and Parks map(which also includes county channel lines)to identify proximity to County facilitim at: www westchestagov.com/pbmmgdocs/pdfmapstcountAtwWmdsparrks pdt Other useful map links for infprmation about environmental features, septic/sewer map, county sewer districts map, etc can be €ound at: www.westchestergov.com/maps ❑ COUNTY ROAD:,Applications for development on sites that abut a County road must be submitted for review by the County Department of Public Works.Information and farms can be found at:www.wwtcheswgoy.con/dpw/bldgp=Lhtm.Former County Roads do not need review by the Department of Public Works,but will still likely trigger a review by the County Planning Board. Q COUNTY CHANNEL LINES:Applications for development on sites within 100 feat of a designated County Channel Lane require a stream control permit firnn the County Department of Public Works. Information and forms can be found at: www.wgftheswgov.omddpw/bldgpetm,bttn 11 COUNTY PARK:New construction&land alteration projects adjacent to County parks are expected to address screening cur buffer of now uses from the park,as appropriate. Stormwater should not drain ftin a developed site onto a Canty pork without acceptable quantity and quality controls.Countyparks aro designated as Critical Environmental Areas. SEWAGE TREATMENT AT COUNTY TREATMENT PLANT. Local municipalities aro required to reduce and eliminate billow and infiltration W into the sanitary sewage systems tributary to County treatment plants.New development will be expected to reduce I&I in relation to generation of new flow at a ratio of three to one.This requirement most be discussed with local QMCIala. 0BEE-LM BUS SERVICE:Bee-Line bus stops serving a development site should be identified an plans or noted if located off-site. If a bus step is located along the site's frontage, the applicant should contact the County Department of Transportation to discuss impacts and the need for improvements.Safe and separate pedestrian access should be provided to link a bus stop and sidewalk with building antrances. Thfurnation on County bus service and design guidelines can be found at: wastchwtargov..cor Aronsportationtimages/Bus%2OSmvicePA20OWdalines.pdf ❑FAIR AND AFFORDABLE HOUSING: Many municipalities require inclusion of fait & affordable units in now developments. Financial assistance to,achieve fair&affadable housing development is available through Westchester County& other somm.Applications that Intlaile new residential units to be affIrmatively marketed&said or rented subject to fair& affordable housing provisions should be tied to Westchester County guidelines on affordability including income guidelines of eligibly households that am be found at: bttp.-//hoM*s,w*sk&**Wv.com/. If County Sinding is sought to develop fair & affordable housing,the County Board of Legislators must be included as an involved agency under SSQR. CIRLCYCLING'.Now buildings must contain a designated area of sufficient size for separation and storage of r bles and trash.Building expansions should also include sufficient space for separation and storage of recyclables.For more information abort County recycling requirements go to:www.westchastargoy.cointeriviresiment recyciing.htm 13STORM SEWER SYSTEM:Any connections to a County storm sewer line will require a permit from the Department of Publie Works in accordance with the Canty Illicit Discharge Detection and Elimination(IDDE)law.Inibmation&firms can be found at:www.wostcbosWgov.com/Opwfbldpembtm btm Non water discharges to the County storm sower system are prohibited. III,DEVELOPMENT STANDARDS The County Planning Board's land use policies focus attention an several aspects of development that may have iatamunicipal and quality of life impacts.The list below includes arm most frequently commented on by the County Planning Board. ©WATER: All development plans should include sufficient provisions for stormwater management,water quality measures and mitigation of flooding. ©Plans should identify the major drainage basin or watershed the site is located in (Croton River, Upper Hudson River, Lower Hudson,Upper Lang Island Sound,Bronx River and Lower Long Island Sound),An interactive map with watershed boundaries can be Emmd at wwwwestchWargoxcom/plannkg/ &tddminbasinsl lxl7.ht W ©Watershad plans have been developed fru several of the County's watersheds-the Croke,Indian Brook-Cmtcrn Gorge,Bromc River & Long Island Sound watersheds - that include specific recommendations that apply to development projects. Sao recommendations in watershed plans at:plamning westchestergov.cam/mdox.php?option--con oc mtant&task=viaw&id=1231& ltami&&=04 Site Plan Checklist Page 5 of 7 Project Address OI)cvrlopment that involves filling, creation of impervious surfaces or buildings and substantive,loss of natural vegetation in a floodplain or flood prone area should be avoided, 0Above ground,vegetated retcatiouldetention basins or devices are preferred because they parlbrin better,am ewer to inspect and maintain and provide additional environmental benefits over subsurface structural devices. Any such treatments should not be constructed within wetlands or buffer areas around watlimda. OThe development should treat and retain as much starrawater on-aft as possible,particularly when tha site is located in a drainage basin with known flooding problems.A Construction Stormwater Toolbar with tools and swoes of technical inftinafirm related to the construction activities and stornivater management best practices is available from the Now York State Department of Environmental Conservation at www.decny.gov/chcmic"694.htm1 ONew development should include protection of aquatic resources.For more information about protection of aquatic resourc-es buffer areas,go to:planningwestches*gay.con ilindox.php?option-�oom-cmtwt&usk--Niew&id=1491&JlmWd=2458 131nipavious cover should be minimized Permeable paving anfaces should be used where feasible.Vegetative rein gardens should be used,particularly in areas of overland or channelized otormwater flow,to improve storinwater quality,and reduce runoff volume. For more information,go to: www-westcliestergovcom/stonawater ElBuildings along Coastlines and low lying a=should consider the impacts of an level rise. Specific Consideration is required of potential impacts to mrfim and subsurface drinking water supplies. IJ SITE LAYOUT.Aesthetic design,building orientation and community character should be considered in the site layout and building appearance, 0In most locations,buildings should Blot the street and have pedestrian access from the street. ©Commercial buildings should be located near the fixiat street Hue with the majority ofparldng located in the rear ofthe building. Even gas stations and convenience stores should be upfront in a landscaped setting with parking,pumps and canopy toward the row. DBuildings should be ofpcdestriati-scalc when a=from the sidawalL ElBuilding facades should contribute to and enhance the character of the community. ElDriveway and pathway connections should be provided to a4acent sites when possible and crossessaments provided. 13STREETS.Street design should reduce unwarranted paving and promote Connectivity. ONew sheets should Connect with adjacent streets wherever ftisible to prevent the proliferation of dead-end streets and promote neighborhood integration. OCormoctions could be vahicnler or pedestriantbicycle only,where appropriate. 13$ftd widths should be minimized for streets with low traffic volume to reduce speeds and impervious sur thom lAw widths of 12 feet are only appropriate for major roadways. [Driveway widths should be no more than 9 fed to reduce impaMous snifiCes. OPeremble paving m*m should be used where feasible. ©G N TECBNOLOGV.Now development should Include as many green building Clemente as posslble,such as:renewable building matmulk energy efficient heating/coolmg systems and ftturcs,water saving devices,green roof3 and permeable paving surfaces.Information can be obtained from the U.S.Green Building Council at www.u&gbr.mg. 13 LANDSCAPING AND LIMITING.The site improvements should enhance community character, Site Plan Checklist Page 6 of 7 CI Landscaping should consist of native pleat qm:dcg gppm Rqed Afteas Prl*ft Ole locadou-JUVIRdw Plant opcdca should be indulited. Iuvww plant MftaWdoa available at www wv..ftbesWVv L3 POMftut Wld1VW Plantings shoultd.OffsChvely shield partm&WftS am and rdbw cullectm aftL 13 she lighting should be provided at the lowest u&levels and lowest hdotk&vadkg an Villap off site, 0 PEDESTRIANS.Safk convenient and ADA accessible pedestrian seem is Funded. El A sidewalk shuchl be provided Gloag he N&ft$*p Wong each Shea 0 Direct Pcdestlin COVOwdow should be made fmm the toci of Ste buUdinS to go sidowalL Pedestrian=wings ofdrive-ways, PRfkiC9 ICU should be minknized or Avoided.IfdW must bo pavvided,Pahftd Mmautim should be provided ffiro*pig lots. 13 ADA accossibilitymeet hap vWdai 0 BwYcusTs.Provisions lis,Wcycuw should be inmPMW low prrjtxt dodge. [3 Dicyclopar*ing should be pmvided'a councMW sed Mddgftdd d49014MUCUM GUiddim on be Jbuad at W ww.apbp.mvkmmumkmmpept�cnaNcyric Paricb,&guidefiampa 0 MUM a tailway,or bicycle route,oft conaldcattion should be Own to bicycle accouildliq such as bike lanes M lonand roadways,bicycle PwkWg and other arecultics 0 Ddv*4vu holes at uses such as banks and fast food reswumtg should also be accessible for bicycles. Upo*fisAq by ft BWW'qg hgoder'VMW RnOom Pk-kg Board Or Board of 7Wumo; ala to V 0 a Hmi%d=bM of davalopmeat or change in use or to gpOQW G=dWau PCMMW to a AN do M*Udwm of 04 the ad dar hx2dor or mk-nft Muadfy tophad,as,put of dw site d"alopmW p, a&W site p1W%or CMWU potions of on,is bipproxista at ummagwyor abW omoptiv=WI&said m&MWOu M xOqWM=z*wilt oscas O&GonHury and wM00"MY hardd*such offloW at and may wal"guchjW aubmbsion roquiromcaft Whoraw in opinion of such of&W at B=4 VUOh waiver will be owaWnd wilh thg pal of pos,04g the public haft ha *and paxad welfare of to couanan'ty'7ba ft&W Ix VRU&g Rich WQhW doll bsoome 8 PW ofto pubHo tocoqL AM WMTW jeVOW mW be Made to hNibuft SUffidazit dobdkd kdbruadou for So NPPvPlaft makeguftm*to make as Infimnad dociw adox. rft& d In I I have MY reviewed the Village of Rye Brook$requftemaub and cul*this application to be a complete submission. I Understand that an bwmPhft PW Of incomplete checklist Shall be deemed an '=OuPldc MAMd9dCA and shall be retmaW to the applicaw upon d*0269fim of such by the appropriate auffladly. Nam(Print) Edward N.lamiceli 02 WO LU Date f A, f = z NOFES Cheek Li MIZ13 Site PINA Chs*Hxt Page 9 of 7 D ECEUVE Full Environmental Assessment Form Hart 1-Project and Setting DECEDEC 112014 V FIL LLA G7E o-pp v, Instructions for Completing Part I SUI SU �E BROOK ILDING C)Er''ARTWIENT on Part I is to be completed by the applicant or project sponsor. Responses become part of the application for approval or ung, are subject to public review,and may be subject to further verification. Complete Pan I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor,and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete eat items in Sections A&B. In Sections C,D&E,most item contain an initial question that must he answered either"Yee'or"W. If the answer to the initial question is"Yee',complete the sub-questions that follow. Ifthe answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part I is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Proposed Verhmn Wheless Attached Public UtUlty Wireless Telecommunications Facility Project Location(describe,and attach a general location map): 966 Anderson HIII Road,Rye Brook,MY Westchester Courtly Brief Description of Proposed Action(include purpose or need): An attached wireless telecommunications facility on the Doral Arrowwood hotel.The facUlty Includes a rooftop flagpole with concealed antennas and related equipment. Ninno of ApplicanVSponsor: Telephone:914-714-7371 Now York SMSA Umfted Partnership dAA Vertzon Wireless("Verizon Wtmless*) E-Mail: Address,4 Centorock Road City/.PO:West Nyack State:Now York Zip Code:tom Project Contact(if not same as sponsor;give name and tiflehole)- Telephone: E-Mail: Address- City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone-914-936-6628 DOCA,LLC d/Wa Doral Affawwood E-Mail: Address: 976 Anderson Hill Read City/Po: Rye Brook State:New York Zip Code,,,s, Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Fundings includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(i) Application Date Required (Actual or projected) a,City Council,Town Board, OYesL3No Village Board:Special Perniftand Site Plan 11/2014 or Village Board of Trustees Approval b.City,Town or Village E3Yes&No Plannim Board or Commission c.City Council,Town or [JYes0No Village Zoning Board of Appeals d.Other local agencies MSONO Building Depertinent-Building Permit e.County agencies 13YOSWNO f Regional agencies 13YesONo &Stats agencies 13YcsONo h.Federal agencies 0YesMNo L i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? MesMNo it. Is the project site locaied in a community with an approved Local Waterfront Revitalization Program? ❑YesONo iii. Is the project site within a Coastal Erosion Hazard Area? r1Yes0No C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the OYesMd only approval(s)which must be granted to enable the proposed action to proceed? • H Yes,complete sections C,F and Cl. • NNo,proceed to question C.2 and complete all remaining sections and questions in Part I C—Z Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site MesONb where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action Mes[:No would be located? b.Is the site of the proposed action within any local or regional special plarming district(for example: Greenway MesMo Brownfield Opportunity Area(B0A);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): e. Is the proposed action located wholly or partially within an area fisted in an adopted municipal open space plan, OYesONo or an adopted municipal fa land protection plan? If Yes,identify the plan(s): WA:(odallation Is Ion existing rogft and existing ggUlinugoi pgd, Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance, OYes[3No If Yes,what is the zoning classification(s)including any applicable overlay district? The pmp=d Bulkily lg.IMM vAthfn the PUD district with Abort(Z-1)and Sodr, QHdft d$WCL b. Is the use permitted or allowed by a special or conditional use permit? OYasC3No e.Is a zoning change requested as part of the proposed action? OYesONo If Yes, L What is the proposed new zoning for the she? C4.Existing community services. a.In what school district is the project site located?Bund&xx*-Rye Union Free School District b.What police or other public protection forces serve the project site? So QEQ2k ftlicM Deparfamant c.Which fire protection and emergency medical services serve the project site? ye Brook FIE@ Department d.What parks serve the project site? NIA D.Project Details D.I.Proposed and Potential Development a.What is the general nature ofthe proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)?Public Uglily b.&Total acreage of the site of the proposed action? 0,03:k RaW b.Total acreage to be physically disturbed? WA acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0,01 acres c.Is the proposed action an expansion of an existing project or use? OYesONo 4 If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? OYesOKO If Yes, i Purpose or type of subdivision?(e.&,residential,industrial,commercial;if mixed.specify types) iL Is a cluster/conservation layout proposed? OYesONo N.Number of lots proposed? iv.Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? OYesONo L If No,anticipated period of construction: months it. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase I(including demolition) _ month year • Anticipated completion date of final phase -month ____year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 it,Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: N.Will proposed action cause or result in disturbance to bottom sediments? [3YesONo If Yes,describe: iv.Will proposed action cause or result in the destruction or removal of aquatic vegetation? [3 YesE3No If Yes: acres of aquatic vegetation proposed to be removed. • expected acreage of aquatic vegetation remaining after project completion: purpose of proposed removal(e.g.beach clearing,invasive species control,boat access)-. proposed method of plant removal: • if chemic"erbicide treatment will be used,specify product(s), v.Describe any proposed rcclarnation/witiggion following disturbance: c.Will the proposed action use,or create anew demand for water? 11Y108040 If Yes: I Total anticipated water usageldemand per day: gallonstday A Will the proposed action obtain water from an existing public water supply? Elyes ENO Ifyes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? OYesl-1No • Is the project site in the existing district? rlYesElNo • Is expansion of the district needed? OYesONo • Do existing lines serve the project site? OYesCINo M Will line extension within an existing district be necessary to supply the project? OyesONO If Yes: • Describe extensions or capacity expansions proposed to serve this project- • Source(s)of supply for the district. iv.Is a new water supply district or service area proposed to be formed to serve the project site? 0 YesONo If,Yes: * Applicant/sponsor for new district: Date application submitted or anticipated: Proposed source(s)of supply for new district: v.If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),maximum pumping capacity:_gallons/minute. d.Will the proposed action generate liquid wages? E3YesONo IfYes: L Total anticipated liquid waste generation per day: gallonstday U.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,indushid;if combination,describe all components and approximate volumes or proportions of each): M.Will the proposed action use any existing public wastewater treatment facilities? E]YesMo If Yes: • Name of wastewater treatment plant to be used: • Name of district • Does the existing wastewater treatment plant have capacity to serve the project? [3yes[INO • Is the project site in the existing district? OYesEJNo • Is expansion ofthe district needed? C]YesONo Page 5 of 13 • Do existing sewer lines serve the project site? 13YOSONO • will line extension within an existing district be necessary to serve the project? ❑yesoNo If Yes: • Describe extensions or capacity expansions proposed to serve this project: k Will a new wastewater(sewage)treatment district be formed to serve the project she? 0YOSONO Tf Yes: • Applicant/sponsor for now district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe piano to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge,or describe subsurface disposal plans): vi.Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? 117Yes: L How much impervious surface will the project acme in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or _acres(parcel size) ii Describe types of new point sources. fil.Whom will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • if to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? EIYOSONO iv.Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? 13Yas13No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel 0YOSEINO combustion,waft incineration,or other processes or operations? If Yes,identify: 1.Mobile sources during project operations(e.g.,heavy equipment fleet or delivery vehicles) WA ii.Stationary sources during construction(e.g.,power generation,structural hoofing,batch plank crushers) hVA Ut Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) fineNanc �A power In to event of an extended power outage. yAonarator for back -A Will any air emission sources named in DIf(above),require a NY State Air Registration,Air Facility Permit, OYeSONO or federal Clean Air Act Tide IV or Title V Permit? If Yes: j. is the project site located in an Air quality non-attainment area? (Area routinely or periodically falls to mad [1yes[INO ambient air quality standards for all or some parts of the year) iL In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tow)of Carbon Dioxide(CO2) • Tonslyear(short tons)of'Nitrous Oxide(N20) • Tonslyew(short tons)of Perfluorocarbona(PFCs) (short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of'Hydroflourocarbons(HFCs) Tons/year(short tons)of Hazardous Air Pollutants ORAPs) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, Yes Na landfills,composting facilities)? Ifyes: L Estimate methane generation in toudyear{metric}: If.Describe any methane capture,control or elimination measures included in project design(e.g„combustion to generate beat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from opea-air operations or processes,such as [JYcs0No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial []YesoNo new demand for transportation facilities or services? If Yes: i When is the peak traffic expected(Check all that apply): Ll Morning [I Evening Oweekend [I Randomly between hours of to it,For commercial activities only,projected number of semi-traffer truck trips/day: 1K Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? 13Yes[]No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation services)or facilities available within%mile of the proposed site? YesNo 0 Will the proposed action include access to public transportation or accommodations for use of hybrid,electric BYesB'No or other alternative fueled vehicles? vtft.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing E]YOUNO pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand OYes No for energy? If Yes: L Estimate annual electricity demand during operation of the proposed action. Minimal Increase In electrical Now sub-motor within exislinabuilft) H.Anticipated sourets/suppliers of electricity for the project(e.g,on-site combustion,on-site renewable,via gridilocal utility,or other): Con-Edlson UL Will the proposed action require a new,or an upgrade to,an existing substation? []Yes0NG 1.Hours of operation. Answer all items which apply. 1.During Construction: if. During Operations: • Monday-Friday: SAM-OPM(F*town code) 0 Monday-Friday: • Saturday: 9AM-4PM Per town cods) a Saturday: • Sunday: IWA 0 Sunday: • Holidays- WA 0 Holidays: Page 7 of 13 in.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, 0yesoNo operation,or both? If yes: 1, Provide details including sources,time of day and duration: it. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? F3 Yes 0No Describe: n.,Will the proposed action have outdoor lighting? IZYes[]No If yes: L Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: The proposed tedilly MH have a non-dare motion sensor activated lightlan by mgftm gamiRM111 ii, Will proposed action remove existing natural barriers that could act as a light barrier or semen? LlYes ONo Describe: o,Does the proposed action have the potential to produce odors for more than one hour per day? 0Yes0No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) OYes®No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i Product(s)to be stored A Volume(s)_ per unit time (e.g.,month,year) M Generally describe proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, Yes ONO insecticides)during construction or operation? If Yes: I Describe proposed treatment(s); IL Will the proposed action use jqgmted Pest ManSement Practices? Q Yes ONo r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal E]Yes oNo of solid waste(excluding hazardous materials)? If Yes: L Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tow per (unit of time) • Operation: tons per (unit of time) fL Describe any proposals far on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: M.Proposed disposal methods/facilities for solid waste gencrated on-site: • Construction: • Operation: Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes 0 No If Yes: I Type of management or handling ofwaste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): it Anticipated rate of disposal/processing: • Tondmonth,if transfer or other non-combustloaftermal treatment,or • Tons/hour,if combustion or thermal treatment iii.If landfill,anticipated site life: Yews t Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous Yes No waste? If Yes: 4 Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: it Generally describe processes or activities involving hazardous wastes or constituents: fit.Specify amount to be handled or generated tonslmonth iv.Describe any proposals for on-site minimization,recycling or rouse of hazardous constituents: v.Will any hazardous wastes be disposed at an existing offsite hazardous wade facility? Yes No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Msting land uses, I Check all uses that occur on,adjoining and near the project site. ❑Urban ❑ Industrial 0 Commercial 0 Residential(.suburban) 0 Rural(non-farm) ❑Forest ❑ Agriculture ❑ Aquatic 0 Other(specify):Hotel/Conference Center it If mix of uses,generally describe: b.Land uses and covertypes on the project site. - Land use or current Acreage After Change CDVe Acreap Project Completion (Acres +1- • Roads buildings,and other paved or impervious surfaces WA NIA WA • Forested WA N/A WA • Meadows,grasslands or brushlands(non- WA WA WA !1�cultural,including abandoned agricultural) • Agricultural WA VA WA (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,ft.) WA WA WA • Wetlands(freshwater or tidal) WA NIA NIA • Non vegetated(here rock earth or fill) NIA N/A WA • Other Describe: Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? FlYeONO i,If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g,,schools,hospitals,licensed OYMONO day cm centers,or group homes)within 1500 feet of the project site? If Yes, i Identify Facilities: e.Does the project site contain an existing dun? [3YesZNo If Yes: 4 Dimensions of the dam and impoundment • Dam height: feet • Dam length: feet • Surface area: acre$ • Volume impounded: gallons OR acre-feet U.Dam's existing hazard classification: Ut Provide date and summarize results of last inspection: f,Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, OYOONo or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? Wyes; L Has the facility been,formally closed? ElYwO No 0 lfyes,cite sourcestdocumentation: it.Describe the location of the project site relative to the boundaries of the solid waste management facility: M.Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin Olyes;ONo property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: 1.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported split at the proposed project site,or have any [Z]YesEZ No remedial actions been conducted at or 4went to the proposed site? If Yes: L Is any portion ofthe site listed on the NYSDEC Spills Incidents database or Environmental Site Remediation database? Check all that apply: Yes–Spills Incidents database Provide DEC ID number(s): Yes–Environmental Site Remediation database Provide DEC ID number(s): 0 Neither database 1L If site has been subject of RCRA corrective activities,describe control measures: iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? E3Y;;O—No If yes,provide DEC ID number(s): iv,if yes to(i),(h)or{iii)above,describe current status of site(s): Page 10 of 13 v.Is the project site subject to an institutional control limiting property uses? [:]YesONo • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? OYesONo • Explain: 91. Natural Resources On or Near Project Site &What is the average depth to bedrock on the project site? MIA feet b.Are them bedrock outcroppings on the project site? OYesONo If Yes,what proportion of the site is comprised of bedrock outeroppings? % c,Predominant soil type(s)present on project site; N/A —0/0 WA -A WA % cL What is the average depth to the water table on the project site? Average: w1A feet e.Drainage status of project site soils.-F3 Well Drained: WA_O/o of site [I Moderately Well Drained: -W/*of site [I Poorly Drained NIA%of site f.Approximate proportion of proposed action site with slopes:d 0-10-RO.- --NIA 210 Of site ❑ 10-15%: --stA-010 of site ❑ 15%or greater: --NA210 of site g.Are there any unique geologic features an the project site? ENWO—No IfYes,describe: I Surface water features. 1.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, [JYes0No ponds or lakes)? it.Do any wetlands or other waterbodies adjoin the project site? 13yesONO If Yes to either i or ff,continue. If No,skip to E.21 Ut Are any ofthe wetlands or waterbodies within or adjoining the project site regulated by any federal, oyeso% state or local agency? iv.For each identified regulated wetland and wetarbody on the project site,provide the Mowing information: 0 Streams: Name Classification • Lakes or Ponds: Name Classification Wetlands: Name Approximate Size Wetland No.(if regulated by DEC) v. Are any of the above water bodies fisted in the most recent compilation of NYS water quality-impaired E]YesWNo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? 13yeso4o j.Is the project site in the 100 year Floodplaln? 1JYes0No Jr.Is the project site in the 500 year Floodplain? OYesONo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? OYesONo If Yes, i.Name of aquifer. Page I I of 13 in. Identify the predominant wildlife species that occupy or use the project site: N/A:installation Is an e)ds#M roofton and equipment pad. n,Does the project site contain a designated significant natural community? ❑YesONO If Yes: L Describe the habitattcommunity(composition,function,and basis for designation): H.Source(s)of description or evaluation: W.Extent of community/habitat • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑YeSONO endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes No special concern? q.Is the project site or adjoining area currently used for bunting,trapping,fishing or shell 6shing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: W. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑YesoNo Agriculture and Markets Law,Article 25-AA,Section 303 and 3047 If Yes, provide county plus district narne/miniber: b.Are agricultural lands consisting of highly productive soils present? OYesONo 4 If Yes-acreage(s)on project site? it Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: L Nature of the natural landmark: ❑Biological Community ❑ Geological Feature it Provide brief description of landmark,including values behind designation and approximate sizatextent- d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? OYMONO If Yes: i CEA mune..Airport OD Ldn Noise Contour A Basis for designation:Exceptional or unique character UL Designating agency and date: Date:i-31-St},Agenty.WsWCWnty Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: L Nature of historic/archaeological resource: ❑Archaeological Site []Historic Building or District it.Name.- M.Brief description of attributes on which listing is based: f.is the project site,or any portion of it located in or adjacent to an area designated as sensitive for E]YesONo archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ElYesoNo If Yes; 1.Describe possible resource(s): ii Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local OYes[]No scenic or aesthetic resource? IfYes- L Identify resource.Crawford Tom Park U.Nature of,or basis for,designation(e.g.,established highway overlook state or local pad,state historic trail or scenic byway, etc.): ocal Park ft Distance between project and resource- 2,0 Miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers [I YesONo Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: it Is the activity consistent with development restrictions contained in 6NYCRR Part 666? []YesE]No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could he associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them G. Verification I certify that the information provided is true to the best of my knowledge. ApplicantlSponsor Name Anthony Botts Date 12102/14 .0 Jut— Signature dAsie.-P-6m; Title Project Engineer 41 PRINT Ft3RM Page 13 of 13 W.O:6666.PURC2 VZW SITE NAME:PURCHASE 2 965 ANDERSON HILL ROAD,RYE BROOK NY CE3 AIM s Agency Use Only[If$ppli-btel Full.Environmental Assessment Form project: [— Part 2-Identi f cation of Potential Project Impacts Dau; —� Part 2 Is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1, To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question, When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1, • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each ofthe 18 questions in Part 2. • Ifyou answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis, • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components ofthe proposed activity,that is,the"whole action", • Consider the possibility for longterm and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and content of the Eroid. 1. .Impact on Land Proposed action may involve construction on,or physical alteration of, [ZNO []YES the land surface ofthe proposed site. (See Part 1.D.1) 1 "Fes" answer questions a- I "No",move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) Impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet b.The proposed action may involve construction on slopes of 15%or greater. Elf ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or Eta ❑ ❑ encral within 5 feet of existing ffound surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a 0 ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Die ❑ ❑ or in multi le Ehases. f,The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides. g,The proposed action is,or may be,located within a Coastal Erosion hazard area. B l i ❑ ❑ h.Other impacts: ❑ ❑ Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals,fossils,caves). (See Part 1.E.2.g) If"Yes", answer questions a-c. ff"No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may .-may,occur occur a.Identify the specific land form(s)attached: 92g ❑ ❑ b,The proposed action may affect or is adjacent to a geological feature listed as a Wo ❑ 13 registered National Natural Landmark. Specific feature• c. Other impacts- ❑ ❑ 3. Impacts on Surface Water Tice proposed action may affect one or more wetlands or other surface wafer ONO ❑ bodies(eg.,steams,rivers,ponds or lakes). (See Part 1.D.2,E.21) If"Yes",answer questions a-I If"No",move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may - -Eff occur occur a.The proposed action may create a new water body. D2b,Dih ❑ 13 b.The proposed action may result in an increase or decrease of over 10%or more than a D2b C3 13 10 acre increase or decrease in the surface area of an y body of water, c,The proposed action may involve dredging more than 100 cubic yards of material D2a from a wetland or water bod d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water bo!!X. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2s.D2h ❑ ❑ runoff orb y disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ 13 of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ E3 of wastewater to surface rt_ts). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwator discharge that may lead to siltation or other degradation of receiving water bodies. L The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the E2posed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h 13 ❑ around an water body. k.The proposed action may require the construction of new,or expansion of existing, DlaD2d ❑ 0 wastewater treatment facilities. Page 2 of 10 1.Other impacts: 0 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or [ONO DYES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D24 D.2.c,D.2.d,D.2.p,D.2.q,D.2,t) "Yes", answer quaytions a-h. If"No",move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D20 ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c a ❑ withdrawal capacity rate of the local supply or aquifer, Cite Source: c.The proposed action may allow or result in residential uses in areas without water and DI a,D2c ❑ ❑ sewer services. d.The ❑ proposed action may include or require ❑wastewater discharged to groundwater. D2d,E21 13 e.The proposed action may result in the construction ofwater supply wells in locations D2c,Elf; ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 0 ❑ over ground water or an Suifer. g.The proposed action may involve the commercial application of pesticides within 100 132h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ONO []YES (See Part 1.E.2) If"Yes', answer questions a-g, K"Na",move on to Section 6. Relevant No,or Moderate Part I small to large Questlou(s) impact impact may mg occur occur a.The proposed action may result in development in a designated floodway. 112i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain, 'E2J El ❑ o.The proposed action may result in development within a 500 year floodplain. Elk E3 ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ E3 patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,J32i ❑ ❑ E2j,F2k f If them is a dam located on the site of the proposed action,is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: ❑ 13 ................. 6. Impacts on Air The proposed action may include a state regulated air emission source. ZNO DYES (See Part 1.D.21,D,2,h,D.2.g) "Yes",answer questions a-f If"No", move on to Section 7. "gnat No,or Moderate Part I swan to large Question(s) Impact Impact may --may occur occur a.If the proposed action requires federal or state air emission permits,the notion may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(C%) D2g 0 13 H, More than 3.5 tonslyear of nitrous oxide(N20) D2g C3 0 iii.More than 1000 tonslyear of carbon equivalent of perfluorocarbons(PFCs) D2g 0 0 iv.More than.045 tons/you of sulfur hexafluoride(SFr) D2g 13 13 v. More than 1000 tonslyear of carbon dioxide equivalent of D2g 0 13 hydrochlomflourocarbons(BFCs)emissions vi.43 tons/year or more of methane D211 E3 0 b.The proposed action may generate 10 tonstyear or more of any one designated D2g 13 13 hazardous air pollutant,or 25 tonslycar or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f, rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat D2g C3 0 source capable of piroduoing more than 10 million BTU's per hour. d.The proposed action may reach 500/a of any of the thresholds in"a"through"c", D2g 0 11 above. e.The proposed action may result in the combustion or thermal treatment of more than I D2s 171 Cl ton of refuse per hour. f.Other impacts: 0 13 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2,m.-q.) ®NO nYES It"Yes", answer questions a J. If"No",move on to Section 8. Relevant No,or Moderate Part I small to large Questiou(s) impact impact may m!j occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego 13 13 threatened or endangered species,as listed by Now York State or the Federal government,that use the site,or are found on,over,or near the site. b.Ile proposed action may result in a reduction or degradation of any habitat used by 112o 13 0 any ram,threatened or endangered species,as listed by New York State or the federal government c.The proposed action may cause reduction in population,or loss of individuals,of any E2p Cl E3 species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site, d.The proposed action may result in a reduction or degradation of any habitat used by E2p 13 13 any species of special concern and conservation need,as listed by New York State or the Federal overnment Page 4 of 10 c.The proposed action may diminish the capacity of a registered National Natural 133c U Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2u 13 13 portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting(breeding,foraging,or Elm Ll 171 overwintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb 13 13 grassland or any other regionally or locally important habitat Habitat type&information source; i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q 0 13 herbicides or pesticides. j.Other impacts: 0 11 I 8. Impact on Agricultural Resources The proposed action may impact agriculfttml resources. (See Part 1.E.3.a.and b.) QINO DYES I t"Yes",answer qu estirrns a-h if"No",move on to Section 9. Relevant No,or Moderate Part I small to large Questlon(s) impact Impact may ma occur occur The proposed action may impact soil classified within soil group I through 4 of the E2c,E3b 13 1:1 NYS Land Classification Systern, b.`The proposed action may sever,cross or otherwise limit seems to agricultural land ElaElb 0 13 (includes cropland,hayfields,pasture,vineyard,orchard,etc). o.The proposed action may result in the excavation or compaction of the soil profile of Mb 0 (3 active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a 0 13 uses,either more than 2.5 acres if located in an Agricultural District or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land E a.Elb 13 13 mauNSment system. f.The proposed action may result,directly or indirectly,in increased development C2o,C3, 0 0 potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C20 13 0 Protection flan. h.Other impacts: 13 0 Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in ONO AYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.La,E.Lb,E.31.) "Yes",answer questions a-g, If"No",go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact Impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local EA 0 C3 scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b [3 13 screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E31i I.Seasonally(eg.,screened by summer foliage,but visible during other seasons) 0 0 !I.Year round 0 0 d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is-, I. Routine travel by residents,including travel to and from work E3 0 it Recreational or tourism based activities Etc [3 E3 a,The proposed action may cause a diminishment of the public enjoyment and E3h E3 11 appreciation of the designated aesthetic resource. f. There we similar projects visible within the following distance of the proposed Dl a,Ela, project: DltDIg 0-1/2 mile %-3 mile 3-5 mile 5+ mile g,Other impacts: C3 0 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ONO YES resource. (Part 1.13.1e,f and g.) Y"Yes", answer questions a-e. If_"No",go to Section 11. Relevant No,or Moderate Part T small to large Question(s) Impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e E3 0 to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National EES'ter of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f E3 0 to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site i2rntgg. c.The proposed action may ocour wholly or partially within,or substantially contiguous E3g 0 E3 to,an archaeological site not included on the NY SBPO inventory. Source: Page 6 of 10 d.Other impacts: 0 11 e.If any of the above(a-d7 are answered"Yes",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part 113e,Mg, El 0 of the site or property. E3 ii. The proposed action may result in the alteration of the property's setting or We,113f, 13 0 integrity. 113g,Ela, Bib iii. The proposed action may result in the introduction of visual elements which E3 e.E3 f, 0 ❑ are out of character with the site or property,or may alter its setting. F.3g,133h, I C2,C3 -J IL Impact on Open Space and Recreation r--1 The proposed action may result in a loss of recreational opportunities or a yJN0 YES reduction of an open space resource as des' ed in any adopted municipal open space plan. (See Part 1.C-2.c,E.Le.,E.2.q.) "Yes",answer questions a-e. if"No",--o to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may mu occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem We,Elb service',provided by an undeveloped area,including but not limited to storrawater W14 storage,nutrient cycling,wildlife habitat Elm,Ego, B2n,E2v b.The proposed action may result in the loss of a current or future recreational resource. C2aElr-. ❑ 13 C2c,E2q o.The proposed action may eliminate open space or recreational resource in an area C2a,C2c 0 with few such resources. B1c,E2q d.The proposed action may result in loss of an area now used informally by the CU,Elc ri ❑ community as an open space resource. [a. Other impacts: 0 13 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical MNOYES environmental area(CEA). (See Part 1.E.3.d) 60 If"Yes'; ansiverguesdons a-c. K"No",go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may ,may occur occur a.The proposed action may result in a reduction in the quantity of the resource or EM characteristic which was the basis for designation of the CEA, b.The proposed action may result in a reduction in the quality of the resource or E3d characteristic which was the basis for deslgriation of the CEA, c.Other impacts: Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ONO YES (See Part 1.D.2j) r f"Yes",answer eestions a-g, If"No",go to Section 14. Relevant No,or Moderate Part I small to large Question(a) impact impact may may occur Omar a.froected traffic increase may exceed c!Tacity of existing road network. D2j 11 13 b.The proposed action may result in the construction of paved parking area for 500 or D2j 11 13 more vehicles. c.The proposed action will degrade existing transit access. D2j 13 13 d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j El 11 e.The proposed action may alter the present pattern ofmovement of people or goods. D2j El E] f Other impacts: 13 ri 14. impact on Energy The proposed action may cause an increase in the use of any faun of energy, E]NO YES (See Part 1.D.21) "Yes", answer quesfions a-e. Y"No",go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may way occur occur a.The proposed action will require a newor Mugg to an existing,substation. D2k 0 ❑ ., _ !!de b.The proposed"on will require the creation or extension of an energy transmission DIt 0 ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWbrs per year of electricity. D2k 0 0 d.The proposed action may involve heating and/or cooling of more than 100,000 square Dig ❑ feet of building area when completed. e.Other Impacts: 13 ❑ 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. ONO DYES (See Part 1.D.2.m.,n.,and o.) "Yes",answer questions a-,f IL"No to Section 16. Relevant No,or Moderate Part I $rnan to large Questiou(s) impact impact may ,may occur occur a.The proposed action may produce sound above noise levels established by local D2tn M 13 regulation. b.The proposed action may result in blasting within 1,500 fed of any residence, D2m,Eld - bEsRital,school,licensed day care center,or nuns'mg home. o.The proposed action may result in routine odors for more than one hour per day. D2o Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n 13 13 e.The proposed action may result in fighting creating sky-glow brighter than existing D2n,Ela area conditions. f.Other impacts: 0 ❑ 16. Impact on Human Health The proposed action may have an impact on human'health from exposure L,4J NO []YES to new or existing sources of contaminants. (See Part I.D.2,q.,E.I.d.f g.and h.) "Yes", answer questiom a-m. K"No' go to Section 17. Relevant Noor Moderate Part I small to large Question(s) impact impact may ma X recur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day El 13 ❑ care center gro u home,MEEm: &home or retirement corarnisnity. b.The site of the proposed action is currently undergoing remediation. ElgElh ❑ n c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh 1:1 13 remediation on,or adjacent to,the site ofthe pTgosed action. d.The site of the action is subject to an institutional control limiting the use of the Big,Elh property(eg.,easement or deed r!�16cqojn. e.The proposed action may affect institutional control measures that were put in place E1g'Elh 0 13 to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t El [3 generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf 13 13 mane Sment il' . h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf 0 0 i.The proposed action may result in an increase in the Tate of disposal,or processing,of D2r,D2s 0 13 solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,8 1 g 171 ❑ a site used for the disposal ofsolid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill ElfElg site to!!kacant off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, 13 0 project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ®NO []YES (See Part 1.CA,C.2.and C.3.) If"Yes", ansiver quesfions a-h. If'Wo",go to Section 18, Relevant No,or Moderate Port I small to large Question(s) impact Impact may ing occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla 0 13 contrast to,current surrounding land use pattern(s). Ela,Bib b.The proposed action will cause the permanent population of the city,town or village C2 13 0 in which the project is located to grow by more than 5%. c.The proposed action Is inconsistent with local land use plans or zoning regulations. C2,C2,C3 d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 13 plans. c.The proposed action may cause a change in the density of development that is not C3,Dle, 11 ❑ supported by existing infrastructure or is distant from existing Infrastructure. D1d,DIf, DIcLE1b f.The proposed action is located in an area characterized by low density development C4,D2e,132d 13 ❑ that will require new or expanded public infrastructure, D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a commercial development not included in the proposed action) h.Other. 13 ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ©NO []YES (See Part 1,C.2,C.3,D.2,E.3) "Yes", answer questions a-g. it"No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may ma occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas B3e,123f,Mg of historic importance to the conununi!X. b.The proposed action may create a demand for additional community services(e.g. C4 13 E3 schools,police and fire) e.The proposed action may displace affordable or low-income housing in an area where C2,C3,D]f 0 0 there is a shortage of such housing. Dig,Ela d.The proposed action may interfere with the use or tWoyment of officially recognized C2,E3 D 0 or denguated public resources. c.The proposed action is inconsistent with the predominant architectural scale and C2,C3 C3 13 character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 C3 E3 Ela,Elb F2%E2h g.Other impacts: 1 [3 13 Page 10 of 10 617.20 Appendix B State Environmental Quality Review VISUAL EAF ADDENDUM This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAR (To be completed by Lead Agency) Distance Between Visibility Project and Resource(in Miles) 1. Would the project be Visible from: o- % %-% %-3 o.5 0+ f A parcel of land which is dedicated to and available Rr El 11 7 0 to the public for the use,enjoyment and appreciation of natural or man-made scenic qualities? Yes-Donal Arrowwood Golf Club/Blind Brook Country Club I An overlook orparcel of land dedicated to public r-1 F1 El observation,enjoyment and appreciation of natural or man-made Scenic qualities? No I A site or structure listed on the National or Slate 0 0 ❑ El El Registers of Historic places? No I State parks? No I The State Forest Preserve? No 1:1 E] 1:1 1:1 ❑ I National Wildlife Refuges and State Game Refuges? No 1:1 1:1 n r ❑ I National Natural Landmarks and other outstanding F1 natural features? No I National park Service lands? No ❑ E] I Rivers designated as National or State Wild,Scenic or Recreational? No I Any transportation corridor of high exposure,such las art of the Interstate S 68p4/H ystern or Amtrak? utchinson River Parkway I Merift Parkway I A governmentally established or designated interstate or inter-county foot trail,or one formally proposed for establishment or designation? No I A site, area,lake,reservoir or highway designated as ❑ F1 scenic? Merift Parkway I Municipal park,or designated open space? ❑ [I Z F-1 El Western Greenwich Civic Center Park!Crawford Town Park I County road? No El El El r❑ El I State road? Route 120A I Route 151 Route 120 n R �* ❑ I Local road? Anderson Hill Road nV F, 11 2. Is the visibility of the project seasonal?(i.e.,screened by summer thfiege,but visible during other seasons) FiDyes []No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? R]Yes []No Due to the density and height of buildings and surrounding topography,visibility will be limited;Installation will be barely discernible, since antennas will be concealed within flagpole and screen walls for equipment, DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1,check those which generally describe the surrounding environment Within mile *1 mile Essentially undeveloped No ❑ Forested No Agricultural No ❑ Suburban Residential Yes Industrial No Commerical Yes Q ❑ 1 Urban No ❑ 0 River,Lake,Pond Yes ❑ Vi Cliffs,Overlooks No ❑ ❑ Designated Open Space No Flat Hilly No ❑ ❑ Mountainous No ❑ El Other No NOTE.add attachments as needed 5. Are there visually similar projects within: *%mile R]Yes [DNo I mile J]Yes [:J No 2 miles J]Yes E]No 3 miles 2]Yes E] No *Distance from project site is provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is 2,000,000.00 NOTE. When user data is unavailable or unknown,use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is. FREQUENCY Holidays! Activity Daily Weekly Weekends seasonally Travel to and from work G) 0 0 0 Involved in recreational activities 9 0 0 0 Routine travel by residents 0 0 0 0 At a residence 0 0 0 0 At worksite 0 0 0 0 Other O 0 0 0 Reset f7=14;�,E E BU MIENT BROOK VIz OK 938 NY 10573 DEC f 1 29% (914) 9-5801 EVILLAGE OF RYE BROOK BUILDING DEPARTMENT FOR OFFICE USE ONLY: Approval Date. Permit# kpplication# Approval Signature: ARCHITECTURAL REVIEW BOARD: Disapproved: Zate: BOT Approval Date, Case# :Chairman: PB Approval Date: Case Secretary: ZBA Approval Date: Case Other: Application Fee:E-7-C�Permit Fees: Exterior Building Permit Amplicaltion Application dated: is hereby made to the Building Inspector of the Village of RyeBrook,NY,for the issuanteafaPermit for the construction of buildings,stroctare%additions,alterations or for a change in use,as per detailed statement described below. 1. JobAddress: 961; A ndersnn Hill Rnael 2. Parcel IID#: 129,34,1.45 Zone: PUD 3. Proposed improvement{Describe In dela ):Installation of wireless telerarum unirations facility including a stealth flagpole and related equipment on the roof of the existinug building with a generator at grade in an existing equipment area 4. Property Owner. DCCA.LLC djIg Doral Arr=ffaod Addrew 975 Anderson Hill Road,Rye Brook,NY Phone# 914-939-5500 —cell# e-mail List All Other Properties Owned in Rye Brook: Applicant: Nma Y"k SMSA Limited Partnership d1hia Meri7nn WirrjaS Address: c/o any-dsr&Snydej UP,94 3Nbits Plains Road.Tarrytown, NY Phone#_9 14_-333_-0ZQQ —CCU# e-mail Isnyderapsnydedaw net Architect:_NA Address: Phone# CCU# 0-man Engineer. Tectonic Engineering&sunmdng Consultants.P.C. Address:_1279 Route.300.Nzwjuagh,NY 12550 Phone#845-562-6656 Cell# e-mail General Contractor: THI) Address: Phone# Cell# e-mail 6.12014 5. Occupancy,(I-Fam,2-Fant.,Comm.,ft...)Prior to tonstractlew-COMM,' After construction:rnrnm-1 ]Rtjhlic 1 itility 6. Will the proposed project require the Installation of a new,or an exUasloutmodification to an existing automatic fire suppression system?(Flre Sprinkler,ANSL System,FM-200 System,Type I Hood,ete..)Yes;_No,_X(ifyes,you must submit a separate Automatic Fire Suppression System Permit application&2 sets ofdotailed engineered plans) 7. Will the proposed project disturb 400 sq.ft.or more ofland,or create 400 sq.fL or more of impervious coverage requiriaga Storrowater Management Control Permit as per§217 ofViflage Code? Yes:_No._X Area: 8. Will the proposed project require a Site Plan Review by the Village Planning Board as per§209 of Village Code? Yes: X No:_(ifyes,you must submit a Site Plan Application,&provide detailed drawings) 9. Will the proposed project require a Steep Slopes Permit as per§213 of Vologe Code Yes: No:--M(if^you must submit a Site Plan Application,&provide a detailed topoMbical survey) 10. is the lot located within 100 ft ofs Wetland as per§245ofVfflage Code? Yes:No: X (ifyes,the area ofwedand andthe wetland buffer zone must be properly depicted on the survey&site plan) 11. Is the lot or any portion thereof located In a Flood Plane as per the FIRM Map dated 9n8107? Yes.-_No: X (ifyes,the area and elevations of the food plane must be properly depicted on the survW&site plan) 12. Will the proposed project require a Tree Removal Permit as per§235 of Village Code?Yes: No: X (ifyes,you must submit a Tree Removal Permit Application) 13. Does the proposed project Involve a Home-Occupation as per§250-39 ofV111age Code? Yes:___No: Llfym Indicate: TIER TIER H.- TIER M:—(ifyes,a Home Occupation Permit Application is required) 14. Area of proposed building In square feet: Basement: NIA 1"ib:_N/A_r"IL: NZA 3r4 W.NIA 15. What Is the total Gross Floor Area of the proposed new construction: N/A 16. What is the total Square Footage of the proposed renovation to the existing structure: NZA. 17. What Is the total estimated cost oftonstruction: $ 160JQ9,00 (Theca timatedcost shall include all site miprovements.labor,material,waffdding,fixed equipment,professional fics,mrJuding any material and labor which may be donated grads.) 18. Area of lot: Square ftet: Z4JQ5J+ J- Acres. 159 19. Dimensions from proposed building or structure to lot lines: front yard: -- 1 R4-/- rear yard: +1. , right side yard:_-48+/- ................ left side yard: 52±/- other. 20. If hitildins is located an a carnim rut,3shichAtmet does It front on: N/A 21. N.Y.State Construction Classification: IB N.Y.State Use Classification: B 22. Number of storks: NIA Overall AgL Median Height: bJJA 23. Will the basement be fall,or partial: N/A finished or unflulabod: Na 24. What material Is the exterior ftM: NLA 25. Will roof be peaked,hip,mansard,fiat,etc: b1l A Roofing material: NIA 26. What system ofheating: MIA 27. If private sewage disposal Is necessary,approval by the Westchester County Henn Department most be submitted with this application. 28. Estimated ditto of completion: 29. The State Workman's Compensation Law provides that before a Building Permit is issued,the Contractor,Owner, Architect,etc.,shall produce the following information: Name of Compensation Insurance Carrier:— Contractor TRID Policy Number. Date of Expiration: 6.11014 This application must be properly completed In its entirety by a N.Y. State Registered Architect or N.Y. State Licensed Professional Engineer&signed by these professionals where indicated. It must also Include the notarized signature(s) of the legal owner(s)of the subject property, and the applicant of record in the spaces provided.Any application not properly completed in its entirety and/or not properly signed shall be deemed null and void, and will be returned to the applicant. Please nova that application fees are non-refundable. fipA ° o Cf? F WESTCHEST.ER } a� eye,fswnwrreteubeing duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and father states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the a1€ent for the legal owner and is duly authorized to make and file this application. (indicate—hitect,canaac tM agent,aftarnay.etc.) That all statements contained herein are true to the best of his/her knowledge and belief and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Coale of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn to before me this Sworn to before nae this day of ,20 day of e r e ` ,20_)I_ New York SMSA Limiter/Partnership d/b/a Verizon Wireless i3w Signature offropertyOwner ig v- licit SEE ATTACHED LETTER OF AUTHORIZATION Rvan Mayberk Print Name of Property Owner Print Name of Applicant Notary Public N nblic Michael R.Bonhomme Notary Public,State of New York No.01 806144229 Qualified in Orange County Commission Expires 04124/20. 6.1.2014 Ul STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------X BUILDINGBefore the Board of Trustees of the Village of Rye Brook Premises In the matter of the Application of Section 129.34, Block 1,Lot 45 NEW YORK SMSA LIMITED PARTNERSHIP 965 Anderson Hill Road d/b/a VERIZON WIRELESS Rye Brook,New York -------------------------------------------------------X STATEMENT IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT AND SITE PLAN APPROVAL FOR PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY I. Introduction New York SMSA Limited Partnership d/b/a/ Verizon Wireless ("Verizon Wireless")respectfully submits this statement in support of its application for special permit and site plan approval to install an attached public utility wireless telecommunications facility ("Facility") at the property located 965 Anderson Hill Road,Rye Brook,New York("Property").The Facility is proposed on the roof of the existing hotel/conference center building known as the Doral Arrowwood (`Building"). The Facility has been strategically designed to shield it from view by having the antennas concealed within a flagpole affixed to the roof, together with related equipment behind a screen wall designed to match the Building like other rooftop mechanical equipment.' As detailed below, the Facility will provide enhanced wireless telecommunications services to the surrounding area without any adverse visual impact. 'The Facility will also include a backup power generator("Generator")located in the rear of the Building and adjacent to an existing backup power generator. 1 H. Statement of Facts The Property is known as Section 129.34, Block 1, Lot 45 on the Village of Rye Brook ("Village") Tax Assessment Map and is developed with an existing hotel and conference center and related facilities in the PUD(Planned Unit Development) zoning district. Pursuant to Section 250-39 of the Village Zoning Ordinance("Wireless Law"),the Facility is permitted by special permit and site plan approval from the Village Board of Trustees. The proposed Facility will be used to enhance wireless telecommunications services in the Village and surrounding area.As indicated above, the Facility has been strategically designed to shield it from view by having the antennas concealed within a flagpole affixed to the roof, together with related equipment behind a screen wall designed to match the Building.A detailed site plan ("Site Plan") prepared by Tectonic Engineering & Surveying Consultants, P.C. ("Tectonic")is submitted herewith. III. Public Utility Status Verizon Wireless is licensed by the Federal Communications Commission("FCC"),and is a wireless telecommunications public utility in the State of New York,providing an essential public service. See Cellular One v.Rosenberg, 82 NY2d 364 (1993) (hereinafter referred to as "Rosenberg"); In Rosenberg New York's highest court,held that federally licensed wireless carriers are public utilities in the State of New York, and provide an essential public service. The court found that public utilities, such as Verizon Wireless, are entitled to a relaxed standard in zoning decisions, since the proposed use is necessary for it to render safe and adequate service. The instant application is filed in fixrtherance of the goals and objectives established by Congress under the federal Telecommunications Act of 1996. The federal Telecommunications Act of 1996 is "an unusually important legislative enactment," establishing national public policy in favor of encouraging 2 1 1 "rapid deployment of new telecommunications technologies (emphasis supplied)." Reno v. ACLU, 521 U.S. 844, 857, 117 S.Ct. 2329, 2337-38, 138 L.Ed.2d 874 (1997). The federal Telecommunications Act of 1996 builds upon the regulatory framework for commercial mobile [radio] services which Congress established in 1993. Indeed, since 1993, it has been the policy of the United States to "foster the growth and development of mobile services that, by their nature, operate without regard to state lines as an integral part of the national telecommunications infrastructure."H.R.Rep.No. 103-111, 103d Cong., l st Sess.260(1993)(emphasis added). As such, Verizon Wireless is licensed to provide wireless communications service to subscribers throughout New York, including the Village of Rye Brook. In fact, in 1999, Congress expanded further upon this policy by enacting the Wireless Communications and Public Safety Act of 1999,Pub.L. 106- 81, 113 Stat. 1286(the"911 Act"). The"911 Act,"empowered the FCC to develop regulations to make wireless 911 services available to all Americans. The express purpose of the Act,as articulated by Congress,was"to encourage and facilitate the prompt deployment throughout the United States of seamless, ubiquitous, and reliable end-to-end in for communications, including wireless communications, to meet the Nation's public safety and other communications needs" (emphasis added). Please note that,on November 18,2009,the FCC issued a Declaratory Ruling regarding timely review of applications for siting of wireless facilities,WT Docket NO. 08-165 (the"Shot Clock Order").' The Shot Clock Order finds that a "reasonable period of time"for a local government to act on this type of application, is presumptively 90 days.2 According to the Shot Clock Order,if the Village fails to act within such reasonable period of time,the applicant may commence an action in court for"failure to act"under Section 332(c)(7)(B)(v)of the Federal Communications Act. 1 A copy of the Rule is available at httpJ/hraunfoss.fcc.gov/edocs—public/attachmatch/FCC-09- 99Al.pdf. z Rule,171 3 IV. The Proposed Facility Meets the Standards for a Special Permit The instant application requests special permit approval in accordance with Section 250-39 of the Zoning Ordinance. A special permit use is permitted as of right when the applicant has demonstrated compliance with the applicable standards. See,e.e., Matter of North Shore Steak House v. Board of Appeals of Inc. Vil. of Thomaston,30 N.Y.2d 238,331 NYS2d 645(1972). It is respectfully submitted that the Facility conforms to the special permit requirements of the Zoning Ordinance. The following information is submitted in accordance with Section 250-39(E) of the Zoning Ordinance: 1. Necessity of Service(5250-39(E)(1)): Attached hereto as Exhibit 1 is the affidavit of Verizon Wireless'radio frequency engineer("RF Affidavit")which certifies the necessity of the Facility to provide for enhanced wireless service to the area and remedy existing capacity issues in the vicinity of the Property,which cannot be adequately served with existing facilities within or outside the Village. 2. Operation and Security (&250-39(E)(2)): The Facility has been designed so that there will be no noise or traffic impacts to surrounding areas. As indicated in the letter prepared by Tectonic and attached hereto as Exhibit 2,Verizon Wireless' generator is located within a sound attenuated enclosure and will comply with all noise regulations. In addition, the Facility will not result in any traffic impact since it is unmanned, requiring infrequent maintenance visits of approximately once per month, and existing parking will be utilized in connection with such visits. Moreover, the Facility will be secure as it will be located on the roof of the Building,which is not accessible to the public. 3. Nonionizing Electrical Radiation 0250-3900A Attached hereto as Exhibit 3 is a Health and Safety Report prepared by Pinnacle Telecomm Group ("Health & Safety Report)" which certifies that the Facility will be in compliance with all applicable standards established by the FCC. 4. Collocation and Use of Existing Structures (&250 39(E)(4)): The Facility is consistent with priority set forth in the Wireless Law since the Facility is 4 an attached telecommunications facility on the Building, utilizing a non-residential structure. As set forth in the RF Affidavit attached hereto as Exhibit 1,there are no existing wireless telecommunications facilities or existing attached telecommunications facility upon which the Facility could be co-located in order to remedy Verizon Wireless' need for enhanced wireless services in the area of the Property. 5. New Support Structure (&250-39(E)(5)): As detailed above, the Facility utilizes the Building and does not require a free-standing new support structure. 6. Height Standards ( 250-39(E)(6)): The Facility meets the height standards as the proposed antenna array and attachment device will not exceed the 120 foot height limitation set forth in the Wireless Law. See Site Plan.In addition,as indicated on sheet C-1 of the Site Plan, the Facility is in compliance with Section 250-7.D of the Zoning Code for Airport Zones in that the height of the Facility is below 155 feet as required in the Z-1 Instrument Zone where the Property is located. 7. Setback Standards 0250-39(E)(7)): Due to its location on the roofof the Building, the Facility will not impact the previously approved setbacks for the Building. See Site Plan. 8. Visual Mitigation(&250-39(E)(8)): The proposed Facility has been strategically sited and designed to have no adverse visual impact on surrounding areas,parks and roadways. Specifically, as noted above,the antennas are concealed within a flagpole affixed to the roof of the Building,together with related equipment behind a screen wall designed to match the Building to shield it from view. Moreover, the Facility will be adequately screened by existing mature vegetation, topography and other structures in the surrounding area. See Visual Analysis prepared by Tectonic attached hereto as Exhibit 4. 9. Landscaping 0250-3 9(E)(9)):No additional landscaping or fencing is proposed since Verizon Wireless'antennas and related equipment will be concealed from view and the Property has existing mature vegetation. 5 10. Accessway (§250-39(E)(10)): The Facility is unmanned, requiring infrequent maintenance visits of approximately once per month. Site access to the Facility will be from the existing parking area.There are no upgrades necessary to the existing accessway. 11. Lighting (§250-39(E 0 M: No lighting is proposed in connection with the Facility, except for remote sensor low glare lighting. 12. Signage (6250-39(E)(12)): No retail or commercial signage is proposed in connection with the Facility. 13. The following information is respectfully submitted in accordance with Section 250-39(F) of the Zoning Ordinance: 1. The name and address of the owner of the Facility is: New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack,New York, 10994 Attn: Ryan Maybeck The name and address of the owner of the Site is: DCCA,LLC d/b/a Doral Arrowwood 975 Anderson Hill Road Rye Brook,NY 1(a). The name and address of the person who shall be designated as managing agent in control of and responsible for the maintenance of the Facility is: Ryan Maybeck New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack, NY 10994 1(b). The name and address of a person who shall be designated as the person upon whom process may be served as agent of the Applicant is: Ryan Maybeck New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack,NY 10994 6 With a copy to: Leslie J. Snyder, Esq. Snyder& Snyder, LLP 94 White Plains Road Tarrytown,New York 10591 14. Environmental Assessment Form and Visual Anal sis250- 39_ (F)(2)): A full environmental assessment form with Visual EAF Addendum is submitted herewith. In addition, attached hereto as Exhibit 4 is a Visual Analysis which demonstrates that due to its design,location and the topography of the area,the Facility will not have an adverse visual impact on the surrounding area. 15. Health&Safety Report(4250-39(F)(3)): Attached hereto as Exhibit 3 is the Health&Safety Report, which,together with the enclosed Site Plan and RF Affidavit, contain the following information: (i)the number,type and design of the proposed antenna array; (ii) the make, model and manufacturer of the proposed antenna array; (iii) a description of the proposed antenna array and all related fixtures, structures, appurtenances and apparatus, including the height above grade, materials and lighting; (iv) the frequency, modulation and class of service of the proposed antennas;(v)the transmissions of maximum effective radiated power;(vi) the direction of maximum lobes and associated radiation; and(vii)certification that the NIER levels based on the maximum equipment output at the proposed Facility comply with emissions standards adopted by the FCC. 16. Structural Capacity 0250-39(F)(4)): Attached hereto as Exhibit 5 is a structural report,prepared by Tectonic,confirming the Facility has been designed in accordance with applicable standards so as not to diminish the structural integrity of the Building. 17. Future Collocation 0250-39(F)(5)): Attached hereto as Exhibit 6,is a letter indicating Verizon Wireless' commitment to allow collocation where technically, structurally and otherwise feasible. 18. Collocation 0250-39(F)(6)): The RF Affidavit, attached hereto as Exhibit 1, confirms that collocation on an existing wireless facility is not feasible, and thus the Facility is needed. 7 a � 19. Interference with Existing Communication Devices(4250-39(F)(7)): The RF Affidavit, attached hereto as Exhibit 1, certifies that the proposed Facility will not cause interference with existing communication devices. 20. On-Site Service Needs (&250-39(F)(81): The Facility is unmanned requiring infrequent maintenance visits of approximately once per month. Verizon Wireless typically utilizes standard automobiles for such visits. 21. Landscaping(&250-39(F)(9)1: No additional landscaping or fencing is proposed since Verizon Wireless'antennas and related equipment will be concealed from view and the Property has existing mature vegetation. 22. Existing Wireless Telecommunication Facilities (&250 39(F)(101): Attached hereto as Exhibit 7 is a composite coverage map depicting all existing Verizon Wireless sites in and around the Village. 23. Alternative Sites 0250-39(17)(10)): The RF Affidavit attached hereto as Exhibit 1 confirms that collocation on an existing wireless telecommunication facility is not feasible but the Facility is an attached telecommunications facility utilizing the Building, an existing non-residential structure consistent with the Wireless Law. 24. Form of Bond(&250-39(F)(12)): A form of removal bond is attached hereto as Exhibit 8. 25. Fees (&250-39(F)(13�: The required fees are enclosed herewith. 26. Form of Access Agreement (&250-39(F)(15)): Pursuant to Section §250-39(F)(14) of the Zoning Ordinance, it is requested that this Honorable Board waive this requirements at this time. Verizon Wireless will work with the Village Attorney to draft an Access Agreement that is reasonably acceptable to all parties prior to the issuance of a building permit as required by§250-39(F)(15). 8 The following information is respectfully submitted in accordance with Section 250-6(H) of the Zoning Ordinance: Character of the Nei borhood(4250-6(H)(1)(c)):The location,size and character of the proposal are such that the Facility will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts for the following reasons. First,the proposed use is specifically authorized on the Property by special permit in accordance with the Zoning Ordinance. Second,Verizon Wireless'Facility will be shielded from view with antennas concealed in the flagpole on the roof and related equipment behind a screen wall on the roof,designed to match the Building. . See Visual Analysis. Third, the Facility will be unmanned requiring infrequent maintenance visits of approximately once per month. Therefore, there will be no detrimental effect to the neighborhood due to traffic.Fourth,the Facility will comply with all applicable laws and standards and will not adversely affect the public health, safety or the general welfare.In addition,the Facility will not cause any interference with the frequencies of any radio, television, telephone or other uses, and is not obtrusive, or otherwise disruptive to its neighbors. In fact, the Facility will also serve the neighborhood and benefit the entire community, by offering enhanced Verizon Wireless' telecommunication services in the area, which is particularly well suited for responding to accidents, natural disasters, and for reporting medical emergencies and other dangers such as potential criminal activity. See,e.g..Crown Communication New York Inc v City of New Rochelle,et. al 2005 WL 309974(N.Y.Feb. 10,2005),in which the Court of Appeals held that "the private antennae will improve the availability of 911 emergency cellular calls made by the public, thereby promoting the public safety interest..." The Court also noted in that case, that numerous state agencies utilize wireless phone services supported by wireless carriers such as Verizon Wireless. Furthermore,operations in connection with the proposal are not more objectionable to nearby properties by reason of noise, vibration, excessive light, smoke,gas,fumes,odor or other atmospheric pollutants than would be the operations 9 of any permitted uses not requiring a special permit. The Facility does not generate solid waste, waste water or sewage, does not produce any smoke, gas, heat, odor, dust, fumes,vibrations, flashing lights,nor noise above ambient levels. In addition, the Facility does not attract insects,vermin or vectors. The Facility is un-staffed and does not require water supply or waste disposal. No commercial or retail signage is required. Based on the foregoing, it is respectfully submitted that Verizon Wireless has complied with the requirements for the grant of special permit approval. V. The Proposed Facility Meets the Standards for Site Plan Approval In reviewing the site plan requirements of the proposal,the following factors are offered for consideration pursuant to Chapter 209 of the Village Code and Section 7-725-a of New York State Village Law: A. Location, Size and Nature of the Facility( 209 4(A)): The location, arrangement, and size of the proposal, the nature and intensity of the operations involved in connection or conducted in connection with the Facility are such that the Facility is compatible with the surrounding neighborhood for the following reasons. First,the proposed use is specifically authorized by special permit on the Property in accordance with the Zoning Ordinance. Second,Verizon Wireless' Facility will be shielded from view with antennas concealed in the flagpole on the roof and related equipment behind a screen wall on the roof, designed to match the Building. Therefore, the Facility is not visually obtrusive. See Visual Analysis. Third, the Facility will be unmanned requiring infrequent maintenance visits of approximately once per month. Therefore,there will be no detrimental effect to the neighborhood due to traffic.Fourth,the Facility will comply with all applicable laws and standards and will not adversely affect the public health, safety or the general welfare. In addition, the Facility will not cause any interference with the frequencies of any radio,television,telephone or other uses,and is not obtrusive,or otherwise disruptive to its neighbors. 10 B. Vehicular Traffic -&209-4(B)): The Facility will have no impact on vehicular traffic,access or circulation,since the proposed use is unmanned requiring infrequent maintenance visits of approximately once per month. Existing parking facilities will be used for such maintenance visits. In addition, the Facility is fully accessible to fire and police protection.Therefore,there will be no traffic hazards or inconveniences created by the Facility. C. Off-Street Parking and Loading 0209-4(C)• Existing parking facilities will be used for the infrequent maintenance visits of approximately once per month. D. Pedestrian Traffic 0209-4(D)): Since the Facility is unmanned, requiring infrequent maintenance visits of approximately once per month,there will be no impact on pedestrian traffic. E. Stormwater and Drainage Facilities 0209-440):The Facility is being located on the roof of the Building and does not require stormwater or drainage facilities. F. Water Supply and Sewage Disposal (5209-4(F)): The Facility is unmanned and does not require water supply or sewage disposal. G. Landscaping 0209-4(G)): No additional landscaping is proposed since Verizon Wireless' antennas and related equipment will be concealed from view and the Property has existing mature vegetation. H. Fire Lanes. Emergency Zones and Fire Hydrants (§2094(H)): Fire lanes, emergency zones and fire hydrants will not be removed or altered so the existing ones serving the Building will also serve the Facility. I. Flooding and Erosion 02094((): The Facility will have no adverse impact on flooding and will not be affected by areas with susceptibility to ponding, flooding and/or erosion. Where, as in the instant case, a municipal board is considering an application by a public utility, there is a relaxed standard for zoning approvals, including special permit and site plan applications. Indeed,in Rosenberg,supra,the Court found that "where the intrusion or burden on the community is minimal,the 11 showing required by the utility shall be correspondingly reduced." Id. at 372. The Court also made clear that a board may not exclude a utility from a community where the utility has shown a need for its facilities. Id. Based on the foregoing, it is respectfully submitted that Verizon Wireless has complied with the requirements for the grant of special permit and site plan approval. Conclusion For all the foregoing reasons,it is respectfully submitted that Verizon Wireless has met the requirements for special permit and site plan approval for the Facility at the Property. Indeed, by granting the requested special permit and site plan approval, the Village Board will permit Verizon Wireless to provide local businesses, residents and public service entities with enhanced wireless telecommunications services and the Facility have no adverse effect. WHEREFORE, for all of the foregoing reasons, Verizon Wireless respectfully prays that this Honorable Board issue a negative declaration under the State Environmental Quality Review Act and grant the requested approvals. Dated: November 24,2014 Respectfully submitted, Leslie J. Snyder SNYDER& SNYDER, LLP 94 White Plains Road Tarrytown,NY 10591 (914) 333-0700 z:lssdata`.wpdatalss4'•wp\newbanm\nu7ce bonhomme\purchase 2\zoning\memo.1js5oal.doc 12 EXHIBIT 1 RF Affidavit BOARD OF TRUSTEES VILLAGE OF RYE BROOK -------------------------------------------------------------------X In the matter of the Application of NEW YORK SMSA LIMITED PARTNERSHIP RF AFFIDAVIT d/b/a VERIZON WIRELESS Premises: 965 Anderson Hill Road Rye Brook, New York -------------------------------------------------------------------X State of New York ) ) ss.. County of Westchester ) Ali Aljibori does depose and say: 1. I am a radio frequency engineer employed by New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless"). As a radio frequency engineer, I am trained to identify issues in wireless telecommunications coverage and to evaluate the ability of proposed wireless telecommunication facility sites to remedy any issues. In addition, I am familiar with Verizon Wireless' existing and proposed facility sites in and around the Village of Rye Brook ("Village"). 2. I respectfully submit this affidavit in support of Verizon Wireless' application to install an attached wireless telecommunications facility on the roof of the existing hotel/conference center building known as Doral Arrowwood (`Building"). The Facility consists of antennas concealed within a flagpole affixed to the roof, together with related equipment located behind a screen wall designed to match the Building. Need for the Facility 3. Verizon Wireless is licensed by the Federal Communications Commission ("FCC")to provide wireless communications throughout New York State, including the Village. 4. Unlike radio and television broadcast towers, which utilize high power output transmitters to cover large geographical areas, Verizon Wireless' network relies on geographically close, low power transmitters and antennas. This network is comprised of cell sites which operate within a group of assigned radio frequencies. Reliable wireless communications depends on the architecture of the wireless network. 5. Verizon Wireless currently has critical capacity issues in the area of the Facility in the Village. As mobile phone use continues to increase, especially the demand for data transmitted via such devices, the existing facilities in the area responsible for transmitting and receiving such data have become overburdened resulting in dropped calls, denied access to the s network, a reduction in data transmission speed, or an inability to transmit data. 6. The Facility would allow the "off-load" of excess capacity from Verizon Wireless' existing facilities in the area of the Village near where the Building is located. The proposed Facility will allow for fewer dropped calls, better ability to access Verizon Wireless' network, and faster data transmission speeds from not only the Facility but also the surrounding communication facilities. 7. The Facility is ideally located because it is proposed on an existing Building, thus obviating the need for Verizon Wireless to construct a new telecommunications structure in this area of the Village. Moreover, Verizon Wireless' antennas and related equipment will be located on the roof of the Building such that they will have no adverse visual impact on the surrounding area. Antenna Array 8. Verizon Wireless intends to install a total of six (6) antennas (Model CSS X7CAP-465) concealed within the flagpole on the roof of the Building. The antennas will be located at the 72'6" and 79'6" above ground level. Specifications for the proposed antennas are attached hereto. 9. To reduce any visual impact, the antennas will be shielded from view, concealed inside the flagpole to attach to the Building's rooftop. On-Site Service Needs 10. Following construction, a Verizon Wireless technician will visit the Site on a monthly basis for maintenance purposes. The existing access drive and parking are adequate for these site visits. Co-Location Opportunities 11. Verizon Wireless explored opportunities to co-locate the proposed antennas on existing telecommunications facilities in the area but none existed to remedy Verizon Wireless' needs. However, the Building allows for the Facility to be an attached telecommunications facility rather than a new structure, Certification of Non-Interference 13. Verizon Wireless certifies that the Facility will not cause interference to any emergency communication systems, or any lawfully operating telephone, radio or television antennas and/or related equipment in the vicinity of the Property. 14. The FCC has licensed Verizon Wireless to receive and to transmit within a dedicated frequency spectrum so that no emergency communications systems, telephones, radios, or television antennas and/or related equipment are currently permitted to operate in the Village within those frequencies. Therefore, no interference is anticipated. Conclusion Based on the foregoing,the requested approval should be granted forthwith. Respectfully submitted, Ik Ali Alji ori Signed before me this day of_ JJ Iv— -.92014 Michael R.Sonhomme Notary public,State of Now York No-01808144229 Qualified in Orange County Commisslon EXPlreS 04/24/2: Notary Public av\eedata\vpdata\ae4\vp\aevbaa mike bcnbomse\purchnee 2\zonin9\rf affLdavit.Me.rev.3.doc i X7CAP-465 Dual Band Xpol, 65° H-Beams 698-896 MHz 1710-2170 MHz Electrical Specifications Mechanical Specifications Link to Mechanical Drawing Frequency 698-896&1710-2170 MHz Input Connector(female) Back 7/16 DIN or w/bot.opt. Polarization Slant+/-45 Antenna Dimensions(LxWxD 50.5 x 12.5 x 7.1 in(1282x318x180mm Gain @ 698 MHz 13.8 dBi 'Antenna Weight 24.2 lbs Gain @ 896 MHz 14.4 dBi Bracket Weight 13.2 lbs Gain @ 1710 MHz 16.9 dBi RF Distribution Printed Microstrip Substrate Gain @ 2155 MHz 17.9 dBi Radome Ultra High-Strength Luran Horizontal Beam(3dB Points) 650&650 Weatherability UV Stabilized,ASTM D1925 Vertical Beam(3dB Points) 14.50&70 Radome Water Absorption ASTM D570,0.45% Elect.Downtilt Range,20 Increments 0-100 low,0-60 high band Environmental MIL-STD-810E VSWR/Return Loss <1.40:1/15.6 dB Wind Survival 150 mph VSWR/Return Loss w1ip <1.50:1/14.0 dB Front Wind Load @100mph 124.4 Ibf Front-to-Back at Horizon >27 dB&>27 d6 Equivalent Flat Plate @100mph 2.53 sq-ft.(cc:2) Upper Side Lobe Suppression <-18 dB&<-18 dB Mounting Brackets Fits 3.5 Inch Max.O.D.Pipe Impedance 50 Ohms Mechanical Downtilt Range 0-12' Power Input Per Connector("ip") 500 CW at 800 MHz Clamps/Bolts Galvanized Steel/Stainless Steel Power Input Per Connector(no"ip") 500 CW at 800 MHz and 250 CW at 1900 MHz Isolation <-28 dB Intermodulation(2x20W) <-150 dBc s � > r � •fi. �,.Ka. � T..r u Available with Antenna Integrated Diplexers to o Recommended Connector Coupling Torque reduce mainline cables 7/16 DIN:220-265 Ibf-in and eliminate separate external devices Main Feed Lines 11 Ordering Information& Options X7CAP-465-xy "xy"is a placeholder for the built-in fixed electrical downtilt in degrees,"x"for low band,y for high band. X7CAP-465-xyip to add the option for integrated diplexers,add"Ip"to model number X7CAP465-xyip-bot for bottom mounted connectors,add"-bot"(otherwise antenna comes standard with back mounted connectors) "Antenna Weight may vary slightly with options. Published 120572 Subject to etteretion. www.cssantenne.com Made in USA EXHIBIT 2 Noise Letter r TECTONicill CORPORATE OFFICE: Mountainville,NY (800)829-6531 Practical Solutions,Exceptional Service 1279 Route 300 (845)567-6656 FAX:(845)567-8703 Newburgh,NY 12550 www.tectonicengineering.com Village of Ryebrook 938 King Street Rye Brook, NY 10573 November 5, 2014 RE: W.O. 6666.PURCHASE2 VERIZON WIRELESS SITE: Purchase 2 645 Anderson Hill Road, Rye Brook, NY 10573 NOISE REPORT FOR PROPOSED BACKUP GENERATOR To Whom It May Concern: The following is a summary of our findings regarding the question of sound generated by the proposed backup generator by New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") at the above referenced location. All information provided is based upon good engineering judgment and the generator manufacturers' specifications. Verizon Wireless is proposing to place a 50kw natural gas backup generator at grade, approximately 48 feet from the closest property line. The generator will be enclosed by a sound attenuating enclosure upon an existing concrete pad. The generator is typically turned on once a week during the afternoon for approximately one (1) hour as a safety check only. Other than that, it will only turn on in the event of a power outage. MTU, the Generator manufacturer, has supplied Tectonic with sound generated data. The data gives the tone corrected decibel levels in accordance with AHRI Sound Standard 275. Using the ARI 275 Standard for estimating weighted sound pressure levels, Table 4- Distance Factor, the noise level at 48 feet from the Generator is approximately 32 dBa with the generator at full load. This is a worst case scenario. PLANNING • ENGINEERING • CONSTRUCTION AND PROGRAM MANAGEMENT An Equal Opportunity Employer Practical Solutions,Exceptional Service For a comparison with selected typical sounds, the following is offered: Noise Decibel Reading Quiet Whisper 30 dBa Verizon Generator w/Sound Attenuator(at 48 feet) 32 dBa Quiet Office 40 dBa 12,000 BTU Carrier Residential Window AC Unit 69.8/63.7 dBa (outdoor/indoor) Normal Conversation at 3-5 feet 60-70 dBa Radio/Vacuum cleaner 75 dBa 3-Ton Residential Split System Carrier Unit 76 dBa 5-Ton Residential Split System Carrier Unit 80 dBa Telephone Dial Tone/Computer Print Room 80 dBa Train Whistle at 500 feet 90 dBa Typical Truck Traffic 90 dBa Power Mower or Saw 110 dBa Jet Engine at 100 feet 140 dBa In our opinion, the above data indicates that the sound levels associated with the proposed facility will not generate noise levels that are incompatible with the surroundings or the Village of Rye Brook Noise Ordinance and Wireless Telecommunications Facility regulations. If you should have any further questions, please feel free to call. Sincerely, TECTONIC f�� A Anthony P. Botta Project Engineer EXHIBIT 3 Health & Safety Report PINNACE TELECOM GROUP Professional and Technical Services ry ANTENNA SiTEFCC RF COMPLIANCE AsSESSM ENT ANd REPORT PREPAREd FOR NEW YORk SMSA LIMITEd PARTNERShip d/b/A VERIZON WIRELESS 90 ANdERSON Hill ROAd RYE BRook, NY OCTOBER 31, 2013 14 RidgEdA[E AVENUE - SUITE 209 • CEdAR KNOI[S, NJ 07927 • 973-451.1630 CONTENTS INTROdUCTION ANd SUMMARY 3 ANTENNA ANd TRANSMISSION DATA 5 COMPLIANCE ANALYSIS 8 COMPLIANCE CONCLUSION 12 CERTIFICATION 13 APPENdix A. BAckgROUNd ON THE FCC MPE LIMIT 2 INTROdUCTION ANd SUMMARY At the request of New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless"), Pinnacle Telecom Group has performed an independent assessment of radiofrequency (RF) levels and related FCC compliance for proposed wireless base station antenna operations inside a stealth flagpole on a building rooftop at 965 Anderson Hill Road in Rye Brook, NY. The proposed Verizon Wireless operation involves directional panel antennas and transmission in the 700 MHz, 850 MHz, 1900 MHz, and 2100 MHz frequency bands. The FCC requires wireless system operators to perform an assessment of potential human exposure to radiofrequency (RF) fields emanating from all the transmitting antennas at a site whenever antenna operations are added or modified, and to ensure compliance with the Maximum Permissible Exposure (MPE) limit in the FCC regulations. In this case, there are no other existing or proposed antenna operations at the site to include in the compliance assessment. This report describes a mathematical analysis of compliance with the FCC MPE limit for safe continuous exposure of the general public. The RF effects of the antennas are calculated using a standard FCC formula — and the analysis is designed to conservatively overstate the RF levels that actually occur from the antennas. In that way, as long as the results indicate RF levels below the MPE limit, we can have great confidence the compliance requirement is satisfied. The results of a compliance assessment can be explained in layman's terms by describing the calculated RF levels as simple percentages of the FCC MPE limit. If the reference for that limit is 100 percent, then calculated RF levels higher than 100 percent indicate the MPE limit is exceeded, while calculated RF levels consistently lower than 100 percent serve as a clear and sufficient demonstration of compliance with the MPE limit. We will also describe the overall worst-case calculated result via the"plain-English" equivalent "times-below-the-limit factor". 3 The results of the FCC RF compliance assessment in this case are as follows: ❑ The conservatively calculated maximum RF level from the proposed antenna operations at the site is 1.0929 percent of the FCC MPE limit — well below the 100-percent reference for compliance. In other words, even with the significant degree of conservatism incorporated in the analysis, the worst-case calculated RF level is still more than 90 times below the FCC limit established as safe for continuous human exposure to the RF emissions from antennas. ❑ The results of the calculations provide a clear demonstration that the RF levels from the proposed antenna operations at the site satisfy the applicable criteria for controlling potential human exposure to RF fields, and the RF levels will be in clear compliance with the FCC regulations and limit concerning RF safety. Moreover, because of the conservative methodology and incorporated assumptions, RF levels actually caused by the antennas will be even less significant than the calculation results here indicate. The remainder of this report provides the following: ❑ relevant technical data on the proposed Verizon Wireless antenna operations at the site; ❑ a description of the applicable FCC mathematical model for assessing MPE compliance, and application of the relevant technical data to that model; and ❑ the results of the analysis, and the compliance conclusion for the site. In addition, Appendix A provides background on the FCC MPE limit, along with a list of FCC references on compliance. 4 ANTENNA ANd TRANSMISSION DATA The table below provides the key compliance-related data for the proposed Verizon Wireless antenna operations. General Data ' Frequency Bands 700 MHz 850 MHz, 1900 MHz, and 2100 MHz Service Coverage Type Sectorized Antenna Type Directional Panel Antenna Centerline Height 72 ft. 6 in., 79 ft. 6 in. 700 MHz Antenna Data Antenna Model CSS X7CAP-465 Max. Antenna Gain 13.8 dBi RF Channels er Sector 1 Transmitter Power/RF Channel 40 watts 850 MHz Antenna Data Antenna Model CSS X7CAP-465 Max.Antenna Gain14.4 dBi RF Channels per Sector 8 Transmitter Power/RF Channel 20 watts 1900 MHz Antenna Data Antenna Model CSS X7CAP-465 Max. Antenna Gain 16.9 dBi RF Channels per Sector 4 Transmitter Power/RF Channel 16 watts 2100 MHz Antenna Data Antenna Model CSS X7CAP-465 Max. Antenna Gain19.9 dBi RF Channels per Sector 2 Transmitter Power/RF Channel 40 watts The antenna vertical-plane radiation pattern is used in the calculations of RF levels at ground level around a site. Figures 1 through 3 that follow show the vertical-plane radiation pattern of the antenna model proposed by Verizon Wireless in each frequency band. 5 Note that in this type of diagram, the antenna is effectively pointed at the three o'clock position (the horizon) and the relative strength of the pattern at different angles is described using decibel units. The use of a decibel scale to describe the relative pattern at different angles incidentally tends to visually understate the actual focusing effects of the antenna. Where the antenna pattern reads 20 dB, for example, the relative RF energy emitted at the corresponding downward angle is 1/100' of the maximum that occurs in the main beam (at 0 degrees); at a 30 dB point, the level is 1/1,000'of the maximum. Note that the automatic pattern-scaling feature of our internal software may skew side-by-side visual comparisons of different antenna models, or even different parties' depictions of the same antenna model. Figure I. CSS X7CAP-465 Antenna—700 MHz Vertical-plane Pattern F__ 0 deghanzDn 5 dB 1 derision E Figure 2. CSS X7CAP-465 Antenna—850 MHz Vertical-plane Pattern 0 deg horizon 5 dB/division Figure 3. CSS X7CAP-465 Antenna—1900/2100 MHz Vertical-plane Pattern 0 deg horizon 17775 dB/division 7 COMPLIANCE ANALYSIS FCC Office of Engineering and Technology Bulletin 65 ("OET Bulletin 65") provides guidelines for mathematical models to calculate the RF levels at various points around transmitting antennas. At street-level around an antenna site (in what is called the "far field" of the antennas), the RF levels are directly proportional to the total antenna input power and the relative antenna gain in the downward direction of interest — and the levels are otherwise inversely proportional to the square of the straight-line distance to the antenna. Conservative calculations also assume the potential RF exposure is enhanced by reflection of the RF energy from the intervening ground. Our calculations will assume a 100% "perfect', mirror-like reflection, which is the absolute worst-case approach. The formula for street-level RF compliance calculations for any given wireless antenna operation is as follows: MPE% _ (100 *TxPower* 10 (Gmax-Vdisc110) *4) (MPE *4n * RZ) where MPE% = RF level, expressed as a percentage of the MPE limit applicable to continuous exposure of the general public 100 = factor to convert the raw result to a percentage TxPower = maximum net power into antenna sector, in milliwatts, a function of the number of channels per sector, the transmitter power per channel, and line loss 10 (Gmax-Vdigct,o) = numeric equivalent of the relative antenna gain in the downward direction of interest, referenced to any applied antenna mechanical downtilt; data on the antenna vertical-plane pattern is taken from manufacturer specifications 8 4 = factor to account for a 100-percent-efficient energy reflection from the ground, and the squared relationship between RF field strength and power density (22=4) MPE = FCC general population MPE limit R = straight-line distance from the RF source to the point of interest, centimeters The MPE% calculations are performed out to a distance of 500 feet from the facility to points 6.5 feet (approximately two meters, the FCC-recommended standing height) off the ground, as illustrated in Figure 4, below. antenna height from F2 antenna bottom to 6.5' above ground level 0 500 Ground Distance D from the site Figure 4. MPE% Calculation Geometry It is popularly understood that the farther away one is from an antenna, the lower the RF level — which is generally but not universally correct. The results of MPE% calculations fairly close to the site will reflect the variations in the vertical- plane antenna pattern as well as the variation in straight-line distance to the antennas. Therefore, RF levels may actually increase slightly with increasing distance within the range of zero to 500 feet from the site. As the distance 9 approaches 500 feet and beyond, though, the antenna pattern factor becomes less significant, the RF levels become primarily distance-controlled, and as a result the RF levels generally decrease with increasing distance, and are well understood to be in compliance. FCC compliance for a multiple-band antenna operation is assessed in the following manner. At each distance point along the ground, an MPE% calculation is made for the RF effect in each frequency band, and the sum of the individual MPE% contributions at each point is compared to 100 percent, which serves as the normalized reference for the FCC MPE limit. We refer to the sum of the individual MPE% contributions as "total MPE%", and any calculated MPE% total MPE% result exceeding 100 percent is, by definition, higher than the FCC limit and represents non-compliance and a need to mitigate the RF levels. If, on the other hand, all results are below 100 percent, that set of results serves as a demonstration of compliance with the MPE limit. Note that according to the FCC, when directional antennas and sectorized coverage arrangements are used, the compliance assessments are based on the RF effect of a single antenna sector(or, in cases of non-identical parameters, the worst-case effect of any individual sector). The following conservative methodology and assumptions are incorporated into the MPE% calculations on a general basis: 1. The antennas are assumed to be operating continuously at maximum power, and at maximum channel capacity. In addition, the effects of antenna line loss are ignored. 2. The power-attenuation effects of shadowing or other obstructions to the line-of-sight path from the antenna to the point of interest are ignored. 3. The calculations intentionally minimize the distance factor (R) by assuming a 6'6" human and performing the calculations from the bottom (rather than the centerline) of each parties' lowest mounted antenna, as applicable. 4. The potential RF exposure at ground level is assumed to be 100-percent 10 enhanced (increased) via a "perfect" field reflection from the intervening ground. The net result of these assumptions is to significantly overstate the calculated RF exposure levels relative to the levels that will actually occur-and the purpose of this conservatism is to allow very"safe-side" conclusions about compliance. The table below provides the results of the MPE% calculations for each frequency band, with the worst-case overall result highlighted in bold in the last column. Ground Verizon Verizon Verizon Verizon Distance Wireless Wireless Wireless Wireless Total (ft) 700 MHz 850 MHz 1900 MHz 2100 MHz MPE% MPE% MPE% MPE% MPE% r 0 0.0001 0.0176 0.0331 0.0521 0.1029 20 0.0369 0.0402 0.0100 0.0157 0.1028 40 0.1058 0.0428 0.0088 0.0139 0.1713 60 0.0059 0.0677 0.0684 0.1077 0.2497 80 0.0869 0.0507 0.1447 0.2276 0.5099 100 0.1954 0.3445 0.2149 0.3381 1.0929 120 0.1560 0.4667 0.0568 0.0893 0.7688 140 0.0519 0.3173 0.0280 0.0440 0.4412 160 0.0030 0.0962 0.0868 0.1365 0.3225 180 0.0114 0.0259 0.0488 0.0769 0.1630 200 0.0570 0.0552 0.0034 0.0053 0.1209 220 0.0832 0.1111 0.0018 0.0029 0.1990 240 0.1621 0.3279 0.0302 0.0476 0.5678 260 0.1926 0.4471 0.0452 0.0712 0.7561 280 0.2206 0.5617 0.0506 0.0797 0.9126 300 0.1934 0.4924 0.0444 0.0699 0.8001 320 0.2202 0.6006 0.0383 0.0603 0.9194 340 0.2410 0.7044 0.0284 0.0446 1.0184 360 0.2158 0.6306 0.0254 0.0400 0.9118 380 0.2282 0.7148 0.0204 0.0321 0.9955 400 0.2065 0.6468 0.0184 0.0290 0.9007 420 0.2206 0.7235 0.0248 0.0390 1.0079 440 0.2014 0.6605 0.0226 0.0356 0.9201 460 0.2120 0.7113 0.0454 0.0714 1.0401 480 1 0.1950 1 0.6543 0.0418 0.0657 0.9568 500 1 0.1799 1 0.6038 1 0.0385 0.0606 0.8828 As indicated, even with the significant degree of conservatism built into the calculations, the maximum calculated RF level is 1.0929 percent of the FCC MPE limit-well below the 100-percent reference for compliance. 11 A graph of the overall calculation results, provided below, probably provides a clearer visual illustration of the relative insignificance of the calculated RF levels. The line representing the calculated total MPE% results barely noticeably rises above the graph's zero baseline, and shows an obviously clear and consistent margin to the FCC MPE limit. COMPLIANCE ASSESSMENT RESULTS Normalized FCC MPE Limit Total MPE% Results 120 a 100 0 80 IL 60 C d 40 20 0 0 100 200 300 400 500 i iDistance (ft) COMPLIANCE CONCLUSION According to the FCC, the MPE limit has been constructed in such a manner that continuous human exposure to RF emissions up to and including 100 percent of the MPE limit is acceptable and safe. The analysis in this case shows that the maximum calculated RF level from the proposed antenna operation is 1.0929 percent of the FCC WE limit. In other words, the worst-case calculated RF level from the combination of antenna operations is more than 90 times below the limit established as safe for continuous human exposure to the RF emissions from antennas. 12 The results of the calculations provide a clear demonstration of compliance with the FCC MPE limit. Moreover, because of the conservative calculation methodology and operational assumptions we applied in the analysis, RF levels actually caused by the antennas will be even less significant than the calculation results here indicate. CERTifiCATION The undersigned certify as follows: 1. To the best of our knowledge, the statements and information disclosed in this report are true, complete and accurate. 2. The analysis of site RF compliance provided herein is consistent with the applicable FCC regulations, additional guidelines issued by the FCC, and industry practice. 3. The results of the analysis indicate that the subject antenna operations will be in clear compliance with the FCC regulations concerning RF exposure. 10/31/13 DanigEW Collins Date Chief Technical Officer 10/31/13 Terrence R. Lulay Date Professional Engineer F E R C� r 13 AppENdix A. BAckgROUNd ON THE FCC MPE LIMIT FCC Rules and Regulations As directed by the Telecommunications Act of 1996, the FCC has established limits for maximum continuous human exposure to RF fields. The FCC maximum permissible exposure (MPE) limits represent the consensus of federal agencies and independent experts responsible for RF safety matters. Those agencies include the National Council on Radiation Protection and Measurements (NCRP), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the American National Standards Institute (ANSI), the Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA). In formulating its guidelines, the FCC also considered input from the public and technical community—notably the Institute of Electrical and Electronics Engineers (IEEE). The FCC's RF exposure guidelines are incorporated in Section 1.301 et seq of its Rules and Regulations (47 CFR 1.1301-1.1310). Those guidelines specify MPE limits for both occupational and general population exposure. The specified continuous exposure MPE limits are based on known variation of human body susceptibility in different frequency ranges, and a Specific Absorption Rate (SAR) of 4 watts per kilogram, which is universally considered to accurately represent human capacity to dissipate incident RF energy (in the form of heat). The occupational MPE guidelines incorporate a safety factor of 10 or greater with respect to RF levels known to represent a health hazard, and an additional safety factor of five is applied to the MPE limits for general population exposure. Thus, the general population MPE limit has a built-in safety factor of more than 50. The limits were constructed to appropriately protect humans of both sexes and all ages and sizes and under all conditions — and continuous exposure at levels equal to or below the applicable MPE limits is considered to result in no adverse health effects or even health risk. The reason for two tiers of MPE limits is based on an understanding and assumption that members of the general public are unlikely to have had appropriate RF safety training and may not be aware of the exposures they receive; occupational exposure in controlled environments, on the other hand, is assumed to involve individuals who have had such training, are aware of the exposures, and know how to maintain a safe personal work environment. The FCC's RF exposure limits are expressed in two equivalent forms, using alternative units of field strength (expressed in volts per meter, or V/m), and power density (expressed in milliwatts per square centimeter, or mW/cm2). The table on the next page lists the FCC limits for both occupational and general population exposures, using the mW/cm2 reference, for the different radio frequency ranges. 14 Frequency Range(F) Occupational Exposure General Public Exposure (MHz) (mW/cm2) (MW/CM2) 0.3- 1.34 100 100 1.34- 3.0 100 180/F2 3.0 - 30 900/F2 180/F2 30-300 1.0 02 300 - 1,500 F/300 F/ 1500 1,500- 100,000 5.0 1.0 The diagram below provides a graphical illustration of both the FCC's occupational and general population MPE limits. Power Density (mW/cm2) 100 Occupational ------ General Public 5.0 1.0 0.2 ' 14 I I I I I I I 0.3 1.34 3.0 30 300 1,500 100,000 Frequency(MHz) Because the FCC's MPE limits are frequency-shaped, the exact MPE limits applicable to the instant situation depend on the frequency range used by the systems of interest. 15 r The most appropriate method of determining RF compliance is to calculate the RF power density attributable to a particular system and compare that to the MPE limit applicable to the operating frequency in question. The result is usually expressed as a percentage of the MPE limit. For potential exposure from multiple systems, the respective percentages of the MPE limits are added, and the total percentage compared to 100 (percent of the limit). If the result is less than 100, the total exposure is in compliance; if it is more than 100, exposure mitigation measures are necessary to achieve compliance. Note that the FCC "categorically excludes" all "non-building-mounted" wireless antenna operations whose mounting heights are more than 10 meters (32.8 feet) from the routine requirement to demonstrate compliance with the MPE limit, because such operations "are deemed, individually and cumulatively, to have no significant effect on the human environment". The categorical exclusion also applies to all point-to-point antenna operations, regardless of the type of structure they're mounted on. Note that the FCC considers any facility qualifying for the categorical exclusion to be automatically in compliance. FCC References on Compliance 47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310 (Radiofrequency radiation exposure limits). FCC Second Memorandum Opinion and Order and Notice of Proposed Rulemaking (FCC 97-303), In the Matter of Procedures for Reviewing Requests for Relief From State and Local Regulations Pursuant to Section 332(6)(7)(B)(v) of the Communications Act of 1934 (WT Docket 97-192), Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (ET Docket 93-62), and Petition for Rulemaking of the Cellular Telecommunications Industry Association Concerning Amendment of the Commission's Rules to Preempt State and Local Regulation of Commercial Mobile Radio Service Transmitting Facilities, released August 25, 1997. FCC First Memorandum Opinion and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released December 24, 1996. FCC Report and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released August 1, 1996. FCC Office of Engineering and Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", Edition 97-01, August 1997. 16 EXHIBIT 4 Visual Analysis VISUAL RESOURCE EVALUATION PROPOSED ATTACHED WIRELESS TELECOMMUNICATIONS INSTALLATION 965 ANDERSON HILL ROAD RYE BROOK WESTCHESTER COUNTY NEW YORK Submitted by: ON IlAamwreless 175 Calkins Road Rochester, NY 14623 Prepared by: TECTONIC ENGINEERING & SURVEYING CONSULTANTS, P.C. 70 Pleasant Hill Road Mountainville, New York 10953 845-534-5959 845-534-5999 FAX W.O. #6666.PURC2 6/25/2014 elm= CORPORATE OFFICE PractaralSdutbm,EKgglonalService Mountainville,NY (800)829-6531 PO Box 37,70 Pleasant Hill Road (845)534-5959 FAX:(845)534-5999 Mountainville,NY 10953 www.tectonicengineering.com Verizon Wireless 175 Calkins Road, Rochester, NY 14623 November 7, 2013 Revised June 25, 2013 RE: W.O.: #6666.PURC2 VISUAL IMPACT ASSESSMENT, 965 ANDERSON HILL ROAD, RYE BROOK WESTCHESTER COUNTY, NEW YORK Tectonic Engineering & Surveying Consultants, P.C., was retained by Verizon Wireless to conduct a "Visual Resource Evaluation" to determine the potential visibility of a proposed attached rooftop installation on an existing building located at 965 Anderson Hill Road in the Village of Rye Brook, Westchester County, NY. 1.0 SETTING The proposed installation is located at 965 Anderson Hill Road in the Village of Rye Brook. The surrounding land use along Anderson Hill Road is primarily residential, recreational, and commercial use. 2.0 METHODOLOGY On November 3, 2013, Tectonic Engineering & Surveying Consultants, P.C., conducted a field investigation for the purpose of evaluating the views associated with the proposed rooftop installation from various locations in the neighborhood. Weather conditions were partly cloudy and cool with temperatures around 55 degrees. The study area consisted of an approximate Y2 mile radius from the project site. Photographs were taken from various vantage points within the study area to document the actual view toward the existing building. Photographs were taken using a Canon EOS Rebel XT Digital SLR digital camera with an 18 to 55 millimeter zoom lens. Unless otherwise noted, the zoom lens was set to approximately 31 mm to achieve a field-of-view comparable to a 50mm lens on a full frame 35mm camera, thereby approximating the normal human eyesight relative to scale. Using a handheld GPS unit, the coordinates and orientation of each photograph location were taken. Each photograph attached includes a brief description of the location and orientation from which it was taken. These photograph descriptions are summarized below: Imam Practical SdVOMS,Exceptional Service 965 Anderson Hill Road 2 November 7, 2013 Revised June 25, 2013 1. View from Anderson Hill Road, looking north towa of approximately 2100 feet rds the proposed installation, from a distance 2. View from intersection of Anderson Hill Road and entrance to Doral Arrowwood, looking northwest towards the proposed installation, from a distance of approximately 1500 feet. 3. View from the entrance to Blind Brook Club, looking northwest towards the proposed installation, from a distance of approximately 1400 feet. 4. View from entrance to Doral Greens Drive, looking west northwest towards the proposed installation, from a distance of approximately 1300 feet. 5. View from end of Doral Greens Drive E, looking west towards the proposed installation, from a distance of approximately 1200 feet. 6. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 500 feet. 7. View from Doral Greens Drive W, looking north towards the proposed installation, from a distance of approximately 300 feet. 8. View from intersection of King Street and Hettiefred Road, looking southwest towards the proposed installation, from a distance of approximately 1900 feet. 9. View from intersection of King Street and International Drive, looking south towards the proposed Installation, from a distance of approximately 2000 feet. 10. View from intersection of High Point Circle and Bellefair Road looking south towards the proposed installation, from a distance of approximately 2400 feet. 11. View from Bellefair Road, looking southeast towards the proposed installation, from a distance of approximately 2200 feet. 12. View from intersection of Bellefair Road and Fellowship Lane looking southeast towards the proposed installation, from a distance of approximately 2600 feet. These photograph locations are presented on the attached "PhotoLog Map." 3.0 PROCESS The digital images were merged and manipulated through the use of the image editing software "Adobe PhotoShop CSS." With this process, the proposed antenna and associated equipment were scaled to the correct location and height, relative to the TECTONIC Practical Sdutim'FwvlowseMce 965 Anderson Hill Road 3 November 7, 2013 Revised June 25, 2013 existing building. Copies of the existing conditions and the photographic simulations are attached. 4.0 CONCLUSION The potential visibility of the proposed installation is primarily limited to the immediate area. As the proposed installation includes a stealth flagpole and a stealth enclosure, the proposed addition of Verizon Wireless equipment on the Building at 965 Anderson Hill Road will have little to no adverse impacts on existing views of the Building. Beyond the immediate area, the building and proposed installation are obstructed by mature vegetation, the sloping landscape, and/or intervening buildings. If you have any questions or comments, please call the undersigned. Sincerely, TECTONIC ENGINEERING & SURVEYING CONSULTANTS P.C. ,Q� r Peter T. Sutherland P.E., L.E.P., C.P.G. Vice President, Manager of Environmental Services Nm ' ¢fl Approximate Typical � ---'� Photo Locationp � PHOTOLOG MAP e -rlt n ""� ,✓ ' t L�-= O PROPOSED ATTACHED z ANTENNA INSTALLA- `N N II TION ON AN EXISTING eF sSTRUCTURE ColecU ny � Zl1 Su O19 hese lip '.• av^ brax rhe 965 ANDERSON HILL RD to fawn RYE BROOK WESTCHESTER COUNTY NEW YORK Oved Mbacks 4' '�•< N 5tmlUrirersnly ;! E a,rx r Of New Yctk- u Purchase College o o MMwoodL Hole!00(14 Corderence m. Center glgM*4� :; 1RVI Mwireless water Baptist � Cemetery r Pf,> PREPARED FOR: KSI.Papital LQ Partners - s `ay m a PREPARED BY: A 15 1 trattoria Bngrf E Pepsieo 632 Nuaryler Prader Federal / m TECTONIC � � a Merritt ,� PiacticalSolutioniFxceptfonalSMfte �Q' #s� Gtr Ko*w Yoga dip cu� 70 PLEASANT HILL ROAD m +� MOUNTAINVILLE,NY 10953 Ktrrmer ,f 845-5345959 � Grout, ° ? 3 (FAX)845-5345999 Jl � a� ` �� SQA cr►u' " Blind Brook n►n t, �r Nigh SchoolBruno tmA eT dj P ono� Q Rye Brook p Street Sehod BW Brook Athletic feeWs W,O.#8666.PURC2 NOV.7,2013 3 Bex6aA Fkld`" r. Baseball Field® Revised NOV.8,2013 Coots •�. �t-. tR��� w .a+f; �� •moi � '� CIO ! ,�_. •+ `+ er.'1S sof."• " - ,� }� .�`y. � � :�'' Ak- 46 yak' � y. ,'a. .. 'tr `• •�ir� .� JOL � .•1� �_� •�i ti � = .3 *�-,04. TECTONIC LOOKING N FROM ANDERSON HILL RD. PROPOSED FACILITY VWLL y ". � tti�w, Vit'1•. - 1 --r �� _ -'Ir ��".�z• - -- 1 I+•.r• l• - r i ✓ •T BE VISIBLE FROM • • DISTANCE FROM • • • • • '• '• 1 1 r r -• r // J'r. ' ,f�,. '` �^ � H S 'fit>�.�, rD ?t •�� ..�!• .�,. �, ♦'�' + rte! `� ' � �. - Y.r�_"�'� F' r ' �.G u F ..� .. �• h. .�� � ` J �v/' -. � '111 ,. .^. �+C 'a{-ZJr�. _S. •} �:i;�. Ir --� -.;....�`u- i. raw fi'�'�(f',.1' _ nr• 'fey- - - � ,'� e� pr TECTONIC . . FROM INTERSECTION ANDERSON NOT BE _ or G � �•IiSEI_y,.a may,T4 j7 . "<�.. ..i yk j • � Z.. jlt+(pi � � :t Ta}i__. _sfJj�R. •`_ �+� _�, 'fro �^ � s•��� ♦• rO 41, IN at 41 At • •`/�•.�� "� '�'. y i jl Q t �•y`K. _ ` ,_ _ �•_-ts� .. tom•��t s�t},'y rz• r-moi, ." t+•- �,r. �. - • ,_ _ ♦ •� a;;c+.-:.-j:�i h...�.?'=,.T y �•vts- • ;��'' _ '� '-- d �,�•,• y a~��j,, J �a•��� ":r b b IaC•r3 •`•• Nis .. t i •� "'1���.. TE C I VNILOOKING NW FROM ENTRANCE TO BLIND BROOK CLUB PROPOSED DISTANCE 0 11 ` a1. 1 i� •� `J.• y {. ilii t ` C,i ��PM E?,ifi ti. INN 1-6 trot �,' I .yid __ 411,I. ' Orly L'�: ., ,I�f/,, �.. �1;�i�.i•, 1: ' t�1_, . TEC TONICGREENS • _ VISIBLE DISTANCE FROM THE PHOTOGR4PH LOCA 77ON To THE pRopoSED SITE IS 1300,j ,�.�1 i`its •� ���e � !,frg �`' f•r-t.�lr' ,v"+. ,`. �` �. •.�-��y� �' s 1 '+r-' � � �, ,, xis. �••+1(6�• `j., ,r. �j•,. sr w d .f� F • L „y�•�. ..` `f `••.r • 'meq fA 7. h" _ .l u •1ti ry'� f y, _ r• , +' LOOKING TECTONIC�V - . DORAL DRIVE - . - . BE _ FROM DISTANCE FROM • • -APH LOCATION To THE PROPOSEDfi .�.�:irY- "°"a.� 4����ti �• ��• ���r`'���ii���1�.1�f��~�%•1��.k��f�;'�'�,. .'i,� -e�t4 � �r. gam, .. - 1-4 �• _ _ �1B+rt�l� 1 gAwl �.l� d war w! �r-'� ^ ,,yT{�", ti• i�+ > f .I i� •!A`-a" �' iT4'.�1MY♦' , eo l ig %�R 4f �wy � �V O r L �+ : �•tl r�� ,a ®pyo yS y� i�6/�� ,. /�d�v „�� p �'t t�r� �L" ,� i'!�t.�����.Y'��ii J7:%/.,����~'�.Ii'a ;�'a ",t�,l�lj1�� R, ,w• °1' •b!7r'.:,.r . r ,�„�`����},�I�"/ �;st L _ i' ^�'" .,./j r, ' 6�i�r�Fi��"1����`• �,, �,r�1lfi'jjy� •rc n. � r{a IA�j' /�f ,�, � JI 1��• -~ssi;,•/fib 'i'f'.'.:di». If/ r4 q�W ,t y ,w,�j Js j,T�,rt' � 4A,r fy.� fw 1 s�v�yct y�i }b v rr ar.�i+','d1}�••l�I�� "l yt,J�1V ®•,(�y ,Aa �' � 1A �-�ii,i�f: lr� i•✓ ' ®�•n 4�• .- ',oil. r -a ,a�-!� :R.:. .�r..>. s -+` - ',�- .. ...:•.,• r L'r��.i "�'•i !n �• �l® •l�� A V•al.•r.!1 1.01 .-.... .j •'l a �' ,ay', 1 • ._'�L ...�"' 1' 4 �,;a�,��rot•I�i�, � _Ir 6'� r s �:fiK���•�tr. _ _ �,,,,r,/ ,',f." r.� 'ti' �i` .OM1;.`" �r '�1,�.r a'• -yc „#►�wis��,4fry�J.. }f lL. ry 71 •� .f I l�y�;� "tom ,.a /lr'� "� e,rr •`r:� \�61�' mr"CIj 7,'i4!J� •� �6AX ���b-s �_ �" '.. .✓" 5''I.11Y + !. ``� I • j/ LOOKING W FROM DORAL GREENS DR.W TECTONIC 1 PROPOSED , VISIBLE FROM . . DISTANCE FROM THE PHOTOGIRAPH LOCATION To THE ' 500,± 4� �� r.:��"*a`r t�y'9�,~/• �� b aE��CXA- _:�4�J •r--+ • i �,y�y Jf` J �y�,�_ : s'��►v. y%AkV •,'�.�•i row ,®- ` +i-`TY'-I®! I,�j '/ b��.'�rFan id�/�f;���� a P „y ��1, '.a� �'oF�I r��•`ter !/t 1 IfI �t ,yt�06�•�`i . 4r i'r „r Sti+r �' iy ABY �+ ! 1 ` + Vl r► i 1S �.'•.ai�J. .t +"r�r. _ F` `d � ,��a�syy'°'���'' y. . r�`� a r r ��. -,-o `•^rva '+ �9�/ �"y,;+Ll�/1'"i � "+�'s sirf', K��,�; •-�i�.�• %'�'�1.��'"l� �ide1�/�`1 . �I� ti �;' a '}r'�' ''p`isa� � ,`; • •f•. _ - ' a`,... + Ra��. �.a!�. �,•w ,"1_�.�1.r� ti,rj• ;,..�i�' ��V-I d�' rt}�v,}� .t`T a .{r� � • _:•°': �7��'�,••r.�,• a, � •ra J5 J.•,., �i,1 � air '.• � �Nr y'aa� ii7.�' r' /.A ,�♦ 1✓ ,+ `\V "a�•� /�Y �'�4�'..i.�J.� 1t !� ���J ,��'j ,• r •7• rt - �`� r ,. . 't,'ii,� `�''�►..;r.:l D�'' l?', '� 9 `+41" � v� �s' � M; f�'t` 1 ,� �,l �!% ,.f fo mom w - „_,.sw" •4, � +✓.r�"i� ti•!r arrr...� � '�+r, r+,_ ' _ �y `P/tip � •er•. ,r-.� ..., � :V� ,,� - ' "`� ,W..� •,� �� .�+* , i d :•''• it �•_ � � . ''''cy �. - l`:• y 4 /.,fir � e � "rid• •�`�!•a�. � "• 'h�_„(- �' •t ak '. �3M', j �1`�it�� \�!� ��,1,`j/�P�I7'.I�--: •���_"''�� _. en �-.ti.- .r ��,�-... Q• �J•a �,A _�r e - l y A If !+tee • r.�,,.*� . . FROM _ DR.- . . . VISIBLE DISTANCE FROM THE PHOTOGRA;*f LOCATION To THE pRopoSED SITE IS,500,± r AL r ��� ' •�1 �eal �1 T 7 _ '� +� ♦ r �.�.,fir?`,�'• ��r'�if �•���`'� 1. � �• �`•_ -rim, - ��� J:v' �S I7��'���•••`• ` - • _ '` .���' '111•�r •ti•p.�l tri��,�,�• . !•�. �� - .. � �.. Ing '. - - .T•`•• � _ - •;�w_ gypp! •'• - .�'.. - .. ,.� .. .! `µ"1i « 9��,�'�•1%1�. `.�1' �:Z. � 3 - �, � 7 TECTLONIC . . DR. - . _ VISIBLE PROPOSED W •`�.� ♦ w lam'!',_ •A T' �. T.', r• ._ Jr�''�'� - .. / "�`�. '�° � �G�� y-. � .�+Z•'�SLR•;t ./�'"•_• ��... .. - _ OL LOOVJNG W FROM DORAL GREENS DR.W TECTONIC PROPOSED VISIBLEFROM THIS LOCATION DISTANCE FROM • • ty;.. � �%16P .1 A+111.�,y♦I�� ..1;, 1 y 1�.. j �, .• •Y'� �•— �' y, �.r _`r psi, ,�•�'� a e.�: a I^ iJ�(''• .,a.s♦ fe 4XI. 10 Al AIL �Ak . ' `:` � •^,fit' {. �'+;� ��.',•� � . .1'+ d` , .. - _ ._ ti — • �. —rte row � ^'. n �..•� TECrrrINTERSECTION _ Y. LOOKING S FROM INTERSECTION OF KING ST.AND INTERNATIONAL DR. I' TEC TONIC PROPOSED FACILITY WILL NOT BE VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LP•9 LOCATION TO THE PROPOSED SITE/S 2000't PractKal Soitrtims Exoeptfonal Sertice 6666-PURC2 .i J o ,y `'{k 1• `Sl Ac �i •� ~ 'f« ` •� /,' ,.�. - !tr: :�, .:i•:`' 1 _ off• �i �~. Y "�y.V 'a Y.. ��. ''' •�' 07 �. t•' -�tf�4 r r a _, � MAf' F .,,•••a i- -i. Of „kl yl .� yam`•f '=��;T .� �� V i t,--��1. •r10�,�� . F`�r`i .r y r �� ' 'cµ. `fit -y 6�'• �• ¢ '.i'..��-ir. �; �y, ♦ ti' •� _'+��•. �.V�.�' A" ;+, �vLl;j R' =" .•� -�r��� �. ,��;��" r .�- ��'r-tea or r r � 1 1 �y `f _ !/Li` •''� 0el1C• lkl oopol TECTONIC . . _ . - - . . . VISIBLE PHOTOGRAPHI . qHk 6q , DISTANCE FROM THE / /•r , ,T'e :� ��-�. � $ �r$r -. d. _ vol. S„• '4 j� .=� ,� 5: d ? l r /. ►`•r' 11-7 4L All, � a 71 R. LOOKING SE FROM VISIBLETECTONIC PROPOSED FACILITY IS _ . PHOTOGRAPH EXHIBIT 5 Structural Analysis TECTONIC CORPORATE OFFICE: Practical Solutions,Exceptional Service Mountainville,NY (800)829-6531 1279 Route 300 (845)567-6656 FAX:(845)567-8703 Newburgh,NY 12550 www.tectonicengineering.com Village of Rye Brook 938 King Street Rye Brook, NY 10573 (914) 939-1121 November 5, 2014 RE: 6666.PURC2 PURCHASE2 965 ANDERSON HILL ROAD PURCHASE, NY 10577 STRUCTURAL CAPACITY VERIFICATION To Whom It May Concern: New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") is proposing a public utility wireless telecommunications facility ("Facility"), consisting of outdoor equipment cabinets and six (6) panel antennas inside proposed 35' flagpole, supported on new rooftop steel dunnage, together with related transmission lines, conduits, utility connections, etc., and a backup generator at grade. For structural design of the equipment and antenna supports, the most stringent criteria from "The Building Code of New York State", and the ANSI/TIA-222-G-2005 "Structural Standards for Antenna Supporting Structures and Antennas"will be used. In addition, the flagpole and equipment frame will be designed so as not to diminish the structural integrity and safety of the existing building and will be constructed to meet all Local, City, State and Federal structural requirements for loads, including wind and ice loads. Should you have any questions, please do not hesitate to call me at (845) 567-6656 ext. 2811. Sincerely, ,gyp OF Ne TEC P�° " : I r a Z Edward N. ° 6pq Sr. Project St014 PLANNING • ENGINEERING - CONSTRUCTION AND PROGRAM MANAGEMENT An Equal Opportunity Employer � � a EXHIBIT 6 Commitment to Collocation 11�fINAWNWIluess Yuan Wbda 4 CWderoek Road W"Np*W 10894 MOM 814 714-7000 November 5,2014 Honorable Mayor Rosenberg and Members of the Board of Trustees Village of Rye Brook 938 King Street Rye Brook,New York 10573 Re: New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless') Proposed Public Utility Wireless Telecommunication Services Facility at 965 Anderson MH Ro#d Rye Brook.New York CT op� Dear Hon.Mayor Rosenberg and Members of the Board of Trustees: I am the area network real estate manager employed by New York SMSA Emoted Partnership d/b/a Verizon Wireless ("Verizon Wireleso in connection with the above referenced application to construct a public utility wireless telecommunication services facility (`Facility') at the Property. The Facility consists of small panel antennas within a stealth flagpole on the roof of the building at the above referenced property, together with related equipment also on the building rooftop. Pursuant to your request, this letter acknowledges that Verizon Wireless has no objection to co-Iocation of other wireless communication providers where technically, structurally and otherwise feasible. Thank you for your consideration. Ryan Maybeck M�� cc: Leslie J.Snyder,Esq. Z:WDATA\WPDATAISS4\WPW&WBANMWfkCBWhW=CVWeh=2\Zoaws\WIw.tionConutrrtc Ldw EXHIBIT 7 Composite Map Traffic,Bicycling,Terrain,Directions Westaheeter i Fairview Cbbntry Clbb g ): CoUnty Airport m --; r�p1a f , ' '`ki � .: s{'.. 120 'ti , � •fi ' • `� r— j} ' t VOCP lb— \ • t " Cou�trY _,r �• � �i :.�•_ _ off _ � `!5 '\� •' ' s ��,� State Unf,iprdityof Nett 1s 120 r v '4CIS ' " Q York at Purahake Colk ye ( . - �� / .ra f , 9 UW Oaks 1 fACC s oo ti Cowgry flub PURC Blind Brook IJc 141inn Aa s ub , ' - An OW Ad 0 _ Manh4ttenViOe 6MI4 4 Existing Coverage Surrounding Cell Sites Street Adress city Zip Code Structurewoe Woe Structure Height Westchester CountyAir ortrelo 240 ai ortroad Harrison 10528 Building75 Purchase Colle 735 Anderson Hill road Purchase 10577 Buildin 83 Lincoln Ave 938 Kin Street Rye BrooM 10573 Pole 77 EXHIBIT 8 Form of Removal Bond Performance Bond =B017 Bond No. This bond is effective ,2014, KNOW ALL MEN BY THESE PRESENTS: That we New York SMSA Limited Partnership d/b/a Verizon Wireless, 180 Washington Valley Road, Bedminster,NJ 07921 as Principal, and RLI Insurance Company, 9025 N.Lindbergh Drive, Peoria, IL 61615 as Surety, a corporation duly organized under the laws of the State of IL are held and firmly bound unto as Obligee,in the sum of ($ for the payment of which we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally,by these presents. WHEREAS, the Obligee has issued the Principal a special use permit for modifications of a wireless telecommunications facility related to the. and it is a condition of said permit that Principal is obligated to remove the telecommunications tower and related facilities from the property at upon discontinuance of service. WHEREAS, the Obligee has agreed to accept this bond as security for performance of principal's obligations under said permit during the time period this bond remains in effect NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall perform its obligations under said permit as stipulated above,than this obligation shall be void, otherwise to remain in full force and effect,unless otherwise cancelled as hereinafter provided. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: 1. In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same, such notice to be delivered by certified mail to address of said Surety as stated herein. 2. This bond may be terminated or canceled by surety by giving not less than sixty (60)days written notice to the Obligee, stating therein the effective date of such termination or cancellation. Such notice shall not limit or terminate any obligations resulting from default by the Principal that may have accrued under this bond as a result of default by Principal prior to the effective date of such termination. 3. Neither cancellation not termination of this bond by Surety,not inability of Principal to file a replacement bond or replacement security for its obligations, shall constitute a loss to the Obligee recoverable under this bond. 4. No claim,action, suit or proceeding shall be instituted against this bond unless same be brought or instituted and process served within one year after termination or cancellation of this bond. 5. No right of action shall accrue on this bond for the use of any person, corporation or entity other than the Obligee named herein or the heirs, executors,administrators or successors of the Obligee. Bond No. 6. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number of years this bond remains in force or the amount or number of claims brought against this bond. 7. If any conflict or inconsistency exists between the Surety's obligations as described in this bond and as may be described in any underlying agreement,permit, document or contract to which this bond is related, then the terms of this bond shall prevail in all respects. 8. This bond shall not bind the Surety unless the bond is accepted by the Obligee. If the Obligee objects to any language contained herein,within 30 days of the date this bond is signed and sealed by the Surety, Obligee shall return this bond, certified mail or express courier,to the Surety at its address at: RLI Surety PO Box 3967 Peoria,IL 61612-3967 Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and conditions herein. IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this bond effective this )2014. New York SMSA Limited Partnership RLI Insurance Company d/b/a Verizon Wireless By: _ By: Aorney-In-Fact January- 27, 2015 R-2 RESOLUTION CONSIDERING PARTICIPATION IN THE WESTCHESTER COUNTY CONSOLIDATED GOVERNMENT EFFICIENCY PLAN WHEREAS, New York State has established the Property Tax Freeze Credit to provide tax reimbursement to qualifying homeowners for increases in local property taxes on their primary residences; and WHEREAS, local taxing jurisdictions must comply with the New York State Property Tax Cap and must also submit a qualifying efficiency- plan in order for their residents to be eligible for the program; and WHEREAS, the State has recommended that multiple taxing jurisdictions convene to create consolidated Government Efficiency Plan; and WHEREAS, Westchester County has offered to be the lead agency for the submission of a consolidated Government Efficiency Plan for both the county and any interested municipalities or districts. NOW, THEREFORE BE IT RESOLVED, The Village Board of Trustees hereby expresses its intent to join Westchester County in their submission of a consolidated Government Efficiency Plan to be submitted to New York State prior to June 1, 2015. New York State Property Tax Freeze Credit Fact Sheet 4 - The Property Tax Freeze Credit is a two-year tax relief program that reimburses qualifying New York State homeowners for increases in local property taxes on their primary residences. In order for the credit to be available to the homeowners in a local taxing jurisdiction,the jurisdiction must comply with the New York State Property Tax Cap and, after the first year,must also develop an efficiency plan. Eligibility requirements 1. Homeowner requirements To be eligible for the credit,homeowners must meet the requirements for the STAR property tax exemption: • The property must be the homeowner's primary residence. • The total household income must be$500,000 or less. New York City homeowners are not eligible for the freeze credit. New York City homeowners and renters are, however, eligible for the New York City Circuit Breaker Tax Credit. 2. School district /local government requirements The requirements imposed on taxing jurisdictions (school districts and local governments)will be phased in over two years. Year 1:The jurisdiction must comply with the property tax cap.This means the increase in the tax levy cannot be more than that allowed by a formula established by State law. Year 2: In the second year, the jurisdiction must comply with the tax cap and also develop and implement a Government Efficiency Plan to reduce costs by consolidating services. Timeline and Requirements for School Districts* Year 1 (2014-15) Comply with tax cap only Timeline and Requirements for Local Governments* Year 1 (fiscal years Comply with tax cap only beginning in 2015) *Different rules apply in Buffalo,Rochester,Syracuse,and Yonkers—see page 2. Jurisdictions' eligibility determined separately Each taxing jurisdiction is treated separately for purposes of eligibility for the credit.For example,a homeowner may be subject to town,village,and fire district taxes.If only the town and village comply with the requirements: • the homeowner will receive a credit based on increases to town and village taxes,and • since the fire district did not comply,the homeowner will not receive a credit based on the fire district tax. RP-5301-FS (7-14) 1 Credit amounts As a general rule,the freeze credit will fully reimburse eligible homeowners for increases to their taxes imposed by all jurisdictions that comply with the eligibility requirements.The freeze credit will be the greater of: • the actual increase in the homeowner's tax bill,or, • the previous year's tax bill multiplied by an inflation factor(the lesser of 2°o or inflation).For 2014 the inflation factor for school districts is 1.46%. Homeowners whose tax bills go down, stay the same,or increase less than the inflation factor will receive a credit equal to the previous year's tax bill multiplied by the inflation factor. Calculating increases using baseline year The increase is calculated as the difference between the homeowner's taxes in: • the year before the freeze went into effect(baseline year),and • the current year. If the taxing jurisdiction is compliant for both years of the freeze: • In year one,the credit will be determined based on the tax paid in year one and the tax paid in the baseline year. • In year two,the credit will be determined based on the tax paid in year two and the tax paid in the baseline year. If the taxing jurisdiction is only compliant in the second year of the freeze,the credit will be determined based on the tax paid in the second year and the tax paid in the previous year- not the baseline year. Exceptions There are some exceptions.The credit will not reimburse homeowners for increases that arc the result of: • improvements to the property that increase its value, • changes in a property's exemption status, • a jurisdiction-wide reassessment to the extent the increase in the homeowner's assessed value exceeds the average change in assessed value. How to get the credit Eligible homeowners do not need to do anything to receive the credit. The Tax Department will review eligibility data and calculate the credit for all qualifying taxing jurisdictions. In the Fall of each of the program's three years (2014, 2015, 2016), the department will mail eligible taxpayers a single check that will be the total of the credits for each jurisdiction that is in compliance. Freeze Credit Payment Calendar Fall 2015 Year 2- School district&Year 1 -Local government Homeowners who do not receive a check and who believe they are entitled to the credit(or who believe the credit should have been larger)will be able to contact the Tax Department to have their case reviewed. Co-ops and mobile homes The credit for co-ops and mobile homes that are not separately assessed will be calculated as such: • Co-op owners: the credit will be 60%of the average credit for the jurisdiction. • Mobile home owners: the credit will be 25%of the average credit for the jurisdiction. Buffalo, Rochester, Syracuse, and Yonkers Different rules apply in Buffalo, Rochester, Syracuse, and Yonkers. These cities impose a single levy that includes both city and school district taxes.For purposes of the freeze credit,67%of the tax is attributable to school tax and 33%attributable to city tax. These cities must comply with the tax cap in 2014-15 and 2015-16 to be eligible for the freeze credit. • For 2014,the credit will be equal to that part of the increase attributable to school tax • For 2015,the credit will be based on both the city and school tax components. • For 2016,the credit will be based on 33%of the 201546 levy-the amount attributable to city tax. RP-5301-FS (7-14) 2 Publication 1030 (7/14) Property Tax Freeze Credit Guidance New York State Department of Taxation and Finance July 14, 2014 Publication 1030 (7/14) TABLE OF CONTENTS I. Executive Summary ...................................................................... 3 II. Taxpayer Eligibility ...................................................................... 4 III. Taxing Jurisdiction Compliance .................................................. 5 A. Property Tax Cap Compliance .................................................. 5 1. Fiscal Years to be used in Determining Tax Cap Compliance .......... 5 2. Certification ............................................................ 5 a. School Districts ............................................................ 5 b. Local Governments ............................................................ 6 c. Due Dates ............................................................ 7 d. Reserve Account ............................................................ 7 B. Government Efficiency Plan Compliance ........................................ 7 1. Participation ............................................................ 7 2. Savings Requirements ............................................................ 9 a. Calculating Savings ............................................................ 9 b. Overall Plan Savings ............................................................. 10 3. Eligible Activities ............................................................ 11 4. Certifications ............................................................ 13 a. Multiple School Districts ........................................................... 13 b. Individual School District ......................................................... 13 c. Multiple Local Governments ..................................................... 14 d. Individual Local Government ................................................... 14 e. "Big Four" Cities ..................................................................... 15 5. Submission ...................................................................... 16 IV. Amount and Payment of the Credit .................................................. 17 A. Calculating the Credit ...................................................................... 17 B. Payment of the Freeze Credit .................................................. 18 2 Publication 1030 (7/14) I. Executive Summary Governor Cuomo and the State Legislature enacted the Property Tax Freeze Credit (Freeze Credit) as part of the 2015 State Budget. The new law encourages local governments and school districts to generate long-term tax relief for New York State taxpayers by: • sharing services; • consolidating or merging; and • demonstrating and implementing operational efficiencies. The law provides a Freeze Credit to qualified homeowners. To qualify, a homeowner must: • be eligible for the School Tax Relief(STAR) property tax exemption; and • live in a taxing jurisdiction that both: - limits any increase in its tax levy to a property tax cap set by State law; and - develops and implements a Government Efficiency Plan determined to be compliant by the New York State Division of Budget (DOB). Qualified homeowners will receive a Freeze Credit equal to the greater of: • the actual increase in their homeowner's tax bill; or • the previous year's tax bill multiplied by an inflation factor (the lesser of 2% or inflation). For 2014 the inflation factor for school districts is 1.46%. In year one of the program, homeowners will receive the Freeze Credit if their local government or school district stays within the property tax cap. In year two of the program, homeowners will receive the Freeze Credit for taxes from any taxing jurisdictions in which the homeowner resides that stay within the property tax cap and put forward a compliant plan to save one percent of their tax levies in each of the following three years. Local governments and school districts may take a variety of approaches to develop their Government Efficiency Plans, but they are strongly encouraged to convene and facilitate a process to develop and submit county-wide or BOCES region-wide Government Efficiency Plans. The program is expected to result in over$1.5 billion in direct property tax relief over three years. 3 Publication 1030 (7/14) II. Taxpayer Eligibility In order to receive the Freeze Credit, a homeowner must be eligible for the STAR property tax exemption. STAR eligibility requires that: • the combined adjusted gross income of all the owners residing on the parcel does not exceed $500,000; and • the property serves as the primary residence for the homeowner. The homeowner must also reside in one or more taxing jurisdictions that have met the requirements outlined below. These requirements will be phased in over two years. Year 1: The jurisdiction must comply with the property tax cap. This means the increase in the tax levy cannot be more than that allowed by the formula established by State law. Year 2: The jurisdiction must comply with the tax cap and develop and implement a Government Efficiency Plan determined to be compliant by DOB. This chart illustrates the eligibility requirements applicable to jurisdictions as the program is phased in. Year Jurisdiction* Eligibility Requirement 2014 School districts >>> Comply with tax cap only 2015 School districts >>> Comply with tax cap & submit an efficiency plan determined to be compliant Local governments >>> Comply with tax cap only 2016 Local governments >>> Comply with tax cap & submit an efficiency plan determined to be compliant * Different rules apply to Buffalo, Rochester, Syracuse and Yonkers—see section below. A homeowner's Freeze Credit for each taxing jurisdiction will be calculated separately and combined in a single check. Example One: A homeowner's primary residence is subject to town, village, and fire district taxes. Only the town and village comply with the tax cap and submit a Government Efficiency Plan determined to be compliant. In this case the homeowner's Freeze Credit will be based only on increases to the town and village taxes; the homeowner's Freeze Credit will not include an amount related to the non-compliant fire district. 4 Publication 1030 (7/14) Example Two: A homeowner's primary residence is subject to taxes for a central high school district and one of its component school districts. Only the component school district complies with the tax cap and submits a Government Efficiency Plan determined to be compliant. In this case, the homeowner's Freeze Credit will be based only on the increases to the component school district's taxes; the homeowner's Freeze Credit will not include an amount related to the non-compliant central high school district. New York City residents New York City homeowners are not eligible for the Freeze Credit because New York City is not subject to the property tax cap. New York City homeowners and renters are eligible for the New York City Circuit Breaker Tax Credit. III. Taxing Jurisdiction Compliance A. Property Tax Cap Compliance For homeowners to receive the Freeze Credit in the first year of the program, their local government or school district must not exceed the tax cap. 1. Fiscal Years to be used in Determining Tax Cap Compliance For school districts and the "Big Four" cities - Rochester, Buffalo, Syracuse, and Yonkers - Freeze Credit eligibility will depend on the school district's/"Big Four" city's tax cap compliance in Fiscal Year 2014-15 and Fiscal Year 2015-16. For all other local governments, Freeze Credit eligibility will depend on the local government's tax cap compliance in local fiscal years beginning in 2015 and 2016. Year 1 Year 2 School Districts/ "Big Four" cities Fiscal Year 2014-15 Fiscal Year 2015-16 All Other Local Governments Fiscal Years Fiscal Years Beginning in 2015 Beginning in 2016 Tax cap compliance is tested annually. Failure to stay within the tax cap in year one has no bearing on Freeze Credit eligibility in year two. Failure to stay within the tax cap in year two will not result in a recapture of credits issued for a previously compliant taxing jurisdiction. 2. Certification a. School Districts In order for homeowners in a school district to receive the Freeze Credit, the school district's chief executive officer (i.e., Superintendent of Schools) must certify that the budget adopted by the school district does not require a levy that exceeds the levy limit, including permissible exclusions, under the tax cap. 5 Publication 1030 (7/14) Example one: The levy limit for a school district is $1,000,000, which is less than the prior year levy of $1,100,000. The district voters reject the proposed budget and the district adopts a contingency budget with a $1,100,000 levy. The homeowners will not receive the Freeze Credit because the actual levy exceeded the $1,000,000 levy limit. Example two: School district voters approve an "override" budget that anticipates tax levy exceeding the tax cap. The district adjusts its budget after the budget vote so the actual levy complies with the tax cap. Residents of the district will be eligible for the Freeze Credit. The certification must be sent to the: • State Comptroller; • Commissioner of Taxation and Finance; and • Education Commissioner. The State Comptroller, in consultation with the Commissioner of Taxation and Finance and the Education Commissioner, will determine the form of this certification. The State Comptroller is developing an electronic system that will allow school districts to satisfy these requirements with a single electronic certification. b. Local Governments In order for homeowners in a local government unit to receive the Freeze Credit, the local government's chief executive officer or budget officer (see discussion of certifications under the Government Efficiency Plan Compliance section--pp. 12-15--for a complete description of these positions) must certify: • the budget adopted by the local government does not exceed its tax cap; and • if applicable, the repeal of any local law or resolution adopted to allow the local government to exceed the tax cap in the current year. The certification must be sent to: • the State Comptroller; and • the Commissioner of Taxation and Finance. The State Comptroller, in consultation with the Commissioner of Taxation and Finance, will determine the form of this certification. The State Comptroller is developing an electronic system that will allow local governments to satisfy these requirements with a single electronic certification. 6 Publication 1030 (7/14) c. Due Dates This certification must be made by the 21st day of the fiscal year to which it applies in order for the local government's or school district's homeowners to receive the Freeze Credit. For example, a school district must certify by July 21, 2014 for the 2014-15 school year (which begins on July 1, 2014) and a town must certify by January 21, 2015 for the 2015 fiscal year (which begins on January 1, 2015). d. Reserve Accounts If, after the budget is certified as tax cap compliant, it is found that the levy exceeded the property tax cap, even if the proper override steps have been taken, then the school district or local government must place the amount of the levy that exceeds the cap in reserve. These excess funds must be used to offset the levy in subsequent years in the same manner as currently required for a school district or local government that exceeds the cap without authorization. This requirement ensures that only homeowners in local governments or school districts that stay at or below the cap receive Freeze Credits. B. Government Efficiency Plan Compliance For qualified homeowners to receive the property tax credit in year two, the school district or local government must participate in the development and implementation of a Government Efficiency Plan determined to be compliant by DOB. This section describes: • how entities can participate in the development of a Government Efficiency Plan; • the eligible activities that can be included in the plan; • the savings requirement for the plan; and • the certifications necessary for the plan. Additional guidance on the form and procedures for submitting the Government Efficiency Plan will be issued at a later date. 1. Participation Local governments and school districts may take a variety of approaches to develop their Government Efficiency Plans, but they are strongly encouraged to convene and facilitate a process to develop and submit county-wide or BOCES region-wide Government Efficiency Plans. School districts (outside of the "Big Four" cities) may develop Government Efficiency Plans either with other school districts or on their own. Similarly, local governments may develop Government Efficiency Plans either with other local governments or on their own. Within the "Big Four" cities, both the school district and the city must jointly participate in the development of a Government Efficiency Plan. Should either entity refuse, then the homeowners in the "Big Four" city will not be eligible for the Freeze Credit in year two. (Nothing precludes the city from developing a Government Efficiency Plan with other local governments.) 7 Publication 1030 (7/14) A school district or local government may only participate in one Government Efficiency Plan. However, school districts or local governments may include in their plans only their share of savings accruing from cooperation agreements, shared services, mergers, and efficiencies that were undertaken with another school district or local government that is not participating in their plan. Example: School District A and School District B implement a cooperation agreement that will save School District A$10,000 annually and School District B $15,000 annually. • If School District A and School District B participate in the same Government Efficiency Plan, the full $25,000 may be included to meet the plan's savings requirement. • If School District A and School District B participate in separate Government Efficiency Plans, School District A may include the $10,000 it will save in its Government Efficiency Plan and School District B may include the $15,000 it will save in its Government Efficiency Plan. A school district cannot include savings from the cooperative agreement that its partner school district is saving. • If School District A participates in a Government Efficiency Plan but School District B does not participate in any Government Efficiency Plan, School District A may only include the $10,000 it will save in its Government Efficiency Plan. A school district cannot include savings from the cooperative agreement that its partner school district is saving - even if the partner school district is not participating in a Government Efficiency Plan. Efficiency Actions between School Districts and Local Governments Allowed School districts and local governments may jointly undertake efficiency actions. These actions and the savings that result may be included in their respective Government Efficiency Plans, regardless of whether the school district or local government is submitting an individual plan or a plan with other school districts or local governments. Separate Efficiency Plans for School Districts and Local Governments Although efficiency actions between school districts and local governments can be included in Government Efficiency Plans: • school districts outside of the "Big Four" cities may only submit Government Efficiency Plans with other school districts outside of the "Big Four" cities; and • local governments, including the "Big Four" cities and their dependent school districts, may only submit Government Efficiency Plans with other local governments. 8 Publication 1030 (7/14) Example: County A and School District B implement an efficiency that will save County A$13,000 annually and School District B $8,000 annually. • County A may include the$13,000 it will save in its Government Efficiency Plan with other local governments. School District B may include the $8,000 it will save in its Government Efficiency Plan with other school districts. A local government or school district cannot include savings from the efficiency that its partner local government or school district is saving. • If County A participates in a Government Efficiency Plan but School District B does not participate in any Government Efficiency Plan, County A may only include the $13,000 it will save in its Government Efficiency Plan. A local government or school district cannot include savings from the efficiency that its partner local government or school district is saving - even if the partner is not participating in a Government Efficiency Plan. 2. Savings Requirements The cooperation agreements, shared services, mergers, and efficiencies in the Government Efficiency Plan must collectively generate savings of at least one percent of the levy of the school districts or local governments participating in the Government Efficiency Plan. a. Calculating Savings School districts To calculate the savings requirement for a school district Government Efficiency Plan, add the 2014-15 school year levies for all school districts that are participating in the Government Efficiency Plan and multiply the sum by one percent. Local governments Similarly, to calculate the savings requirement for a local government Government Efficiency Plan, add the levies for local fiscal years beginning in 2014 for all local governments that are participating in the Government Efficiency Plan and multiply the sum by one percent. It is important to note that this savings requirement is one percent of the property tax levy- not one percent of total revenues or total expenditures, which would be larger. 9 Publication 1030 (7/14) Example: One county, one city, three towns, two villages, and three fire districts develop a Government Efficiency Plan together. All of these local governments have fiscal years that begin on January 1, except for the two villages, which have fiscal years that begin on June 1. For the local governments with a January 1 fiscal year, the levy used would be for the 2014 fiscal year. For the two villages, the levy used would be the 2014-15 fiscal year, as this fiscal year begins in 2014. The total levy for the participating local governments is $78,000,000. The savings requirement that would need to be achieved is one percent of this levy- $780,000. Local Fiscal Year Levy for that Beginning in 2014 Year County A 2014 $40,000,000 City A 2014 $10,000,000 Town A 2014 $7,000,000 Town B 2014 $5,000,000 Town C 2014 $6,000,000 Village A 2014-15 $3,000,000 Village B 2014-15 $4,000,000 Fire District A 2014 $900,000 Fire District B 2014 $1,100,000 Fire District C 2014 $1,000,000 Total Levy $78,000,000 Total Levy for Participating Local Governments $78,000,000 X 1% x 1% Savings Requirement $780,000 Local governments integrated within another local government Some local governments, such as certain special districts, are wholly integrated within another local government- i.e. the special district is • established, administered, and governed by the board of that other local government; and • supported by a tax levy imposed by and under the authority of that other local government. In these cases any property tax being levied by the overarching local government to support the operations of the subordinate special district is considered part of the tax levy of the overarching local government and must be counted in the total levy for the purposes of the savings calculations. In addition, savings actions taken that include these wholly integrated local governments are counted as part of the savings for the overarching local government for plan purposes. This is consistent with how these entities are treated under the tax cap. b. Overall Plan Savings For school districts, the Government Efficiency Plan must result in savings of at least the savings requirement in the 2016-17, 2017-18, and 2018-19 school years, when fully implemented. Similarly, for local governments, the Government Efficiency Plan must result in 10 Publication 1030 (7/14) savings of at least the savings requirement in local fiscal years beginning in 2017, 2018, and 2019, when fully implemented. It is important to note that the savings requirement is plan-wide. Each school district or local government does not have to individually meet the savings requirement - the plan as a whole has to meet the savings requirement. Example: One county, one city, three towns, two villages, and three fire districts develop a Government Efficiency Plan together with a savings requirement of$780,000. The cooperation agreements, shared services, mergers, and efficiencies included in the Government Efficiency Plan would generate savings of$790,000 in 2017, $809,000 in 2018, and $829,000 in 2019- exceeding the savings requirement. Description of cooperation agreement, Savings Generated in Fiscal Year shared service, merger, or efficiency 2017 2018 2019 County A enters into a cooperation agreement to have City A, Town A, Town B, Town C, Village A, and Village B undertake snow $300,000 $310,000 $320,000 removal and road maintenance for the county in their respective local governments Fire District A, Fire District B, and Fire District C $100,000 $100,000 $100,000 merge Town A and Town C continue to share tax $30,000 $30,000 $30,000 collection services Town B implements the efficiency of a lockbox payment system that reduces the need for $70,000 $71,000 $72,000 administrative personnel Town A and Village A enter into a cooperation agreement to create a single police force $95,000 $100,000 $105,000 instead of two separate police forces Village B implements the efficiency of eliminating its duplicative assessment $35,000 $35,000 $35,000 County A shares services with City A, Town A, Town B, Town C, Village A, and Village B by $160,000 $163,000 $167,000 taking over the maintenance and administration of all of city, towns, and village parks Total Savings $790,000 $809,000 $829,000 Savings Requirement $780,000 $780,000 $780,000 3. Eligible Activities Government Efficiency Plans can include cooperation agreements, shared services, mergers, and efficiencies. Types of Activities Cooperation agreements are "agreements entered into between eligible school districts ["local government units" for local governments] to implement the sharing or consolidation of functions or services, including but not limited to procurement, real estate and facility management, fleet management, business and financial services, administrative services, payroll administration, 11 Publication 1030 (7/14) time and attendance, benefits administration and other transactional human resources functions, contract management, grants management, transportation services, facilities and function, human services facilities and functions, customer service facilities and functions and information technology infrastructure, process, services and functions." Shared services are "functional consolidations by which one eligible school district ["local government unit" for local governments] completely provides a service or function for another eligible school district ["local government unit"], which no longer engages in that function or service; shared or cooperative services between and among eligible school districts ["local government units"]; and regionalized delivery of services between and among eligible school districts ["local government units"]. These shared services may be for services or functions including but not limited to: procurement, real estate and facility management, fleet management, business and financial services, administrative services, payroll administration, time and attendance, benefits administration and other transactional human resources functions, contract management, grants management, transportation services, facilities and functions, human services facilities and functions, customer service facilities and functions and information technology infrastructure, processes, services and functions." Mergers for school districts are "reorganizations of eligible school districts pursuant to sections fifteen hundred five, fifteen hundred eleven through fifteen hundred thirteen, fifteen hundred twenty-four, fifteen hundred twenty-six, seventeen hundred five, eighteen hundred one through eighteen hundred three, or twenty-two hundred eighteen of the education law; or reorganizations, consolidations, or dissolutions of eligible school districts in which one or more eligible school districts are terminated and another eligible school district assumes jurisdiction over the terminated school district or districts pursuant to any other provision of law." Mergers for local governments are "consolidations or dissolutions of local government units in accordance with article seventeen-A of this chapter [general municipal law] or reorganizations, consolidations, or dissolutions of local government units in which one or more local government units are terminated and another local government unit assumes jurisdiction over the terminated local government unit or units pursuant to any other provision of law." Efficiencies are actions taken by a local government or school district to improve the completion of existing processes or functions or the delivery of existing services that result in lower costs. Past Activities Eligible past efficiencies, shared services, and reforms include only those implemented since the local government or school district became subject to the tax cap. • For local governments, this is the first day of the fiscal year beginning in 2012 (January 1, 2012 for counties, most cities, towns, fire districts, and other local governments with a calendar fiscal year; June 1, 2012 for most villages). • For school districts, this is July 1, 2012. In order to be included in the Government Efficiency Plan, such past efficiencies, shared services and mergers, local governments and school districts will be required to submit 12 Publication 1030 (7/14) documentation of the specific actions that were implemented and the savings associated with such actions. 4. Certifications The Government Efficiency Plan includes a number of certifications to ensure: • local officials implement the cooperation agreements, shared services, mergers, and efficiencies identified in the plan; • the savings estimates in the plan are accurate; and • the total of the savings estimates meets the savings requirement. a. Multiple School Districts. A school district participating in a Government Efficiency Plan with other school districts must make the following certifications: The superintendent of each school district that is a signatory to the plan must certify in writing that "the eligible school district agrees to undertake its best efforts to fully implement by the end of the 2016-17 school year the cooperation agreements, mergers, efficiencies and/or shared services specified for the eligible school district in such plan." The chief financial officer(i.e. assistant superintendent for business, school business administrator, school business official) of each school district that is a signatory to the plan must certify in writing that, in his or her professional opinion: • "full implementation by the end of 2016-17 school year of the cooperation agreements, mergers, efficiencies and/or shared services that are to be taken by such school district itself as specified in such plan will result in the savings set forth in such plan attributable to such school district"; and • "full implementation of the cooperation agreements, mergers, efficiencies and/or shared services as specified for all of the eligible school districts that are signatories to such plan will result in savings over the aggregate 2014-15 school year tax levies for all eligible school districts that are signatories to such plan of at least one percent in each of the 2016-17, the 2017-18 and the 2018-19 school years." b. Individual School District. A school district submitting a Government Efficiency Plan by itself must make the following certifications: The superintendent of the school district must certify in writing that the "eligible school district agrees to undertake its best efforts to fully implement by the end of the 2016-17 school year the cooperation agreements, mergers, efficiencies and/or shared services specified in such plan." The chief financial officer(i.e. assistant superintendent for business, school business administrator, school business official) of the school district must certify in writing that "in his or her professional opinion, full implementation of the cooperation agreements, mergers, efficiencies and/or shared services as specified in such plan will result in savings over its 13 Publication 1030 (7/14) 2014-15 school year tax levy of at least one percent in each of the 2016-17, the 2017-18 and the 2018-19 school years." c. Multiple Local Governments. A local government participating in a Government Efficiency Plan with other local governments must make the following certifications: The chief executive officer or budget officer of each local government that is a signatory to the plan must certify in writing that the local government "agrees to undertake its best efforts to fully implement by the end of the local fiscal year beginning in 2017 the cooperation agreements, mergers, efficiencies and/or shared services specified for the local government...in such plan." The chief financial officer of each local government that is a signatory to the plan must certify in writing that in his or her professional opinion: • "full implementation by the end of the local fiscal year beginning in 2017, of the cooperation agreements, mergers, efficiencies and/or shared services that are to be taken by such local government unit itself as specified in such plan will result in the savings set forth in the government efficiency plan attributable to such local government unit"; and • "full implementation of the cooperation agreements, mergers, efficiencies and/or shared services as specified for all of the local government units and dependent school districts that are signatories to such plan will result in savings over the aggregate tax levies for fiscal years beginning in 2014 for all local government units that are signatories to such plan of at least one percent in each of the fiscal years beginning in 2017, beginning in 2018 and beginning in 2019." d. Individual Local Government. A local government submitting a Government Efficiency Plan by itself must make the following certifications: • The chief executive officer or budget officer of the local government district must certify in writing that the "local government unit agrees to undertake its best efforts to fully implement by the end of the local fiscal year beginning in 2017 the cooperation agreements, mergers, efficiencies and/or shared services specified in such plan." • The chief financial officer of the local government must certify in writing that "in his or her professional opinion, full implementation of the cooperation agreements, mergers, efficiencies and/or shared services as specified in such plan will result in savings over its tax levy for the fiscal year beginning in 2014 of at least one percent in each of the fiscal years beginning in 2017, beginning in 2018 and beginning in 2019." For local governments, the "chief executive officer or budget officer" could include: • Counties - The county administrator, county director, county executive, county manager, county president, the chair of the board of supervisors, the individual appointed "budget officer", or the chief fiscal officer. • Cities - The city manager or the mayor (if there is no city manager). 14 Publication 1030 (7/14) • Towns - The town supervisor or the town officer or employee appointed to be the budget officer. • Villages - Village manager, village president, the mayor (if there is no village manager or village president), or the individual appointed budget officer by the villager manager or mayor. • Fire districts - The chair of the board of commissioners. • Other special districts - The chair of the board of commissioners. For local governments, the "chief financial officer" could include: • Counties - If the county operates under a charter, an alternative form of county government, or an optional county government, the position designated as the chief financial officer or, if no designation is made, the official possessing the powers and duties similar to the county treasurer. For all other counties, if the county has a county comptroller, the county comptroller. If the county does not have a county comptroller, the county treasurer. • Cities - If the city has a city comptroller, the city comptroller. If the city does not have a city comptroller, the city treasurer. If the city does not have a city comptroller or a city treasurer, the official possessing the powers and duties similar to the city treasurer. • Towns - The town supervisor. • Villages - The village treasurer. • Fire districts - The district treasurer. • Other special districts - The official designated that position by resolution. e. "Big Four" Cities. A "Big Four" city and its dependent school district must jointly participate in a Government Efficiency Plan either with other local governments or as an individual plan for both the city and the dependent school district. Regardless of whether the city or the dependent school district participates with other local governments or as an individual plan, the appropriate dependent city school district official must make the following certifications in addition to the certifications made by the appropriate city official as outlined above. The chief executive officer or budget officer(i.e. the superintendent) of each dependent school district must certify in writing that the dependent school district "agrees to undertake its best efforts to fully implement by the end of the local fiscal year beginning in 2017 the cooperation agreements, mergers, efficiencies and/or shared services specified for the...dependent school district in such plan." 15 Publication 1030 (7/14) The chief fiscal officer(i.e. assistant superintendent for business, school business administrator, school business official) of the dependent school district must certify in writing that "in his or her professional opinion, full implementation by the end of the local fiscal year beginning in 2017, of the cooperation agreements, mergers, efficiencies and/or shared services that are to be taken by such local government unit itself as specified in such plan will result in the savings set forth in the government efficiency plan attributable to such...dependent school district." The chief financial officer(i.e. assistant superintendent for business, school business administrator, school business official) of the dependent school district must certify in writing that "in his or her professional opinion, full implementation of the cooperation agreements, mergers, efficiencies and/or shared services as specified for all of the local government units and dependent school districts that are signatories to such plan will result in savings over the aggregate tax levies for fiscal years beginning in 2014 for all local government units that are signatories to such plan of at least one percent in each of the fiscal years beginning in 2017, beginning in 2018 and beginning in 2019." 5. Submission Multiple Local Governments or School Districts. Government Efficiency Plans with more than one school district/local government must designate one school district/local government as lead entity. The lead entity will submit the Government Efficiency Plan on behalf of all school district/local government signatories to the plan. The school districts/local governments that are not the lead entity must deliver their Government Efficiency Plan certifications to the lead entity no later than May 15, 2015. The chief financial officer for the lead entity must submit the following documents to the New York State Director of the Budget by no later than June 1, 2015: • the Government Efficiency Plan; • a list of all school districts/local governments that are signatories to such plan; • all of the Government Efficiency Plan certifications; and • an analysis of the savings to be achieved by the Government Efficiency Plan (including required documentation of past savings actions). Individual Local Government or School District. A Government Efficiency Plan for an individual school district or local government must be submitted by the school district superintendent/local government chief executive officer or budget officer to the Director of the Budget by June 1, 2015. The submission must include: • the Government Efficiency Plan; • all of the Government Efficiency Plan certifications; and 16 Publication 1030 (7/14) an analysis of the savings to be achieved by the Government Efficiency Plan (including required documentation of past savings actions). Additional guidance on the form and procedures for submitting Government Efficiency Plans will be issued at a later date. The Director of the Budget will review these documents and determine whether the legal requirements for the Government Efficiency Plan have been met by each signatory to a Government Efficiency Plan. By July 31, 2015, the Director will notify the Commissioner of Taxation and Finance of the local government units and school districts that have met these requirements. Meeting these requirements, along with staying within their tax caps, would make their residents eligible to receive year two of the property tax credit. IV. Amount and Payment of the Credit A. Calculating the Credit The amount of the Freeze Credit in the applicable years will be the greater of the homeowner's year-to-year growth in property taxes or the allowable levy growth factor under the tax cap in the applicable years multiplied by the homeowner's prior year tax bill. The allowable levy growth factor is the lesser of two percent or the rate of inflation and will be the same for all local governments and school districts with the same fiscal year (e.g. for school year 2014-15, which starts July 1, 2014, the allowable levy growth factor is 1.46% for all school districts). Example: In 2015, the allowable levy growth factor for the city was two percent, but the city kept its levy flat. The homeowner's city bill in 2015 was $2,000 -the same as it was in 2014. The homeowner would receive a Freeze Credit for the city property tax bill of$40 dollars. Calculation 1: Change in Bill Calculation 2: Tax Cap Growth 2015 Bill $2,000 2014 Bill $2,000 - 2014 Bill - $2,000 x Tax Cap Growth x 2% $0 $40 The credit would be $40 because the result from calculating the credit based on tax cap growth was greater than the result from calculating the credit based on the actual change in the property tax bill. A homeowner's residence will invariably be located in multiple jurisdictions (e.g., a county, town and school district). The Freeze Credit will only be based on those jurisdictions that meet the requirements of the law. 17 Publication 1030 (7/14) Example: A homeowner lives in a county and a town. The homeowner's bill for the county levy increases from $3,000 in 2014 to$3,060 in 2015. The homeowner's bill for the town levy increases from $1,000 in 2014 to $1,050 in 2015. In 2015, the county complies with the credit requirements, but the town does not because it exceeded its tax cap. The homeowner would receive a Freeze Credit of$60-just for the county portion of the bill. 2014 Bill 2015 Bill Credit County $3,000 $3,060 $60 County complied with property tax credit requirements Town $1,000 $1,050 - Town did not comply with property tax credit requirements Total $4,000 $4,110 $60 The credit received by the homeowner would be $60. This is based only on the county portion of the bill - not the town portion, because the county complied with the property tax credit requirements, while the town did not. The credit will not reimburse homeowners for increases due to: • improvements to the property that increase its value; • changes in a property's exemption status; or • a jurisdiction-wide reassessment to the extent the increase in the homeowner's assessed value exceeds the average change in assessed value. Credits for co-ops and mobile homes. The credit for co-ops and mobile homes that are not separately assessed will be calculated as such: • Co-op owners: the credit will be 60 percent of the average credit for the jurisdiction. • Mobile home owners: the credit will be 25 percent of the average credit for the jurisdiction. B. Payment of the Freeze Credit The New York State Department of Taxation and Finance will determine each homeowner's eligibility, calculate the amount of the Freeze Credit, and send the Freeze Credit to the homeowner. There is no requirement for the homeowner to calculate or apply for the Freeze Credit. Eligible homeowners will receive checks in: • Fall 2014 for the credit due on their 2014-15 school district taxes; • Fall 2015 for the credit due on both their 2015 local government and 2015-16 school district taxes; and • Fall 2016 for credit due on their 2016 local government taxes. 18 Publication 1030 (7/14) Buffalo, Rochester, Syracuse, and Yonkers In the "Big Four" cities - Buffalo, Rochester, Syracuse, and Yonkers - the timetable will be somewhat different because those cities have dependent school districts and levy city and school district taxes together. For consistency with other entities, 67 percent of the Freeze Credit attributable to the 2014-15 and 2015-16 tax levies (an approximation of the school district share)will be paid to eligible homeowners in these cities in Fall 2014 and Fall 2015. The remaining 33 percent (an approximation of the city share) will be paid in Fall 2015 and in Fall 2016. Payment of Freeze Credit Fall 2014 Fall 2015 Fall 2016 School Districts 2014-15 2015-16 "Big Four" Cities 67% of 2014-15 33% of 2014-15 67% of 2015-16 33% of 2015-16 All Other Local Fiscal Years Fiscal Years Governments Beginning in 2015 Beginning in 2016 Homeowners will receive a single check each year for all eligible local government and school district taxes - separate checks will not be sent out for each level of government (county, town, school district, etc.). The Department of Taxation and Finance will establish a procedure for homeowners to request reimbursement if they did not receive a Freeze Credit but believe they were eligible, or believe they were entitled to a larger Freeze Credit than they received. 19 NYS TAX DEPARTMENT W A HARRIMAN CAMPUS ALBANY NY 12227 Publication 1030 (7/14) January 27,2015 R-3 RESOLUTION CONSIDERING ENTERING INTO AGREEMENTS FOR THE 2015 RYE BROOK SPRING CARNIVAL EVENT WHEREAS, the Village of Rye Brook Parks and Recreation Department desires to hold a carnival featuring amusement rides,games and food May 8, 9 and 10, 2015; and WHEREAS, Request for Proposal's (RFP) were solicited from carnival vendors and posted on Empirebids.com and three(3)proposals were submitted;and WHEREAS, after review of the RFP's by the Parks and Recreation Superintendent and the Village Administrator it was determined that All Star Midway of Port Jefferson Station,NY submitted the most desirable proposal. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook is hereby authorized to enter into an agreement with All Star Midway of Port Jefferson Station,NY to run a carnival event for the Village of Rye Brook from May 8th through May 10,2015;and be it FURTHER RESOLVED, the agreement is subject to the approval of the village attorney for insurance and indemnification provisions;and be it FURTHER RESOLVED, the All Star Midway agreement is subject to approval of agreements, insurance and indemnification with Rye King Associates,Inc. (900 King Street) and the Arbors Homeowners Association, Inc. in a form acceptable to the village attorney;and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to execute the agreements with All Star Midway, Rye King Associates, Inc. and the Arbors Homeowners Association. Carnival Company Comparison Ace Amusements Tommys Midway All Star Midway of Ride Revenue 1st$40000-30% 30%from 1st dollar 1st$25000-35% Over$40000-35% Over$25000-40% Concessions Free game trailors 3 Free Game Trailors $100 per game and novelty trailor Food Trailors 4 «@ $350 per trailor 5 @ $500 per trailor $500 per trailor last year there was 2 Porto sans carnival company supplies 4 Village supplies Village Supplies Availability week of April 24-26 week of May 15-17 week of May 8-10 week of May 15-17 Potential Revenue: Based on Rides $13400- Ride Revenue $13200- Ride Revenue $16350- Ride Revenue $44,000 $1400- Food Trailors $2500- Food Trailors $1000- Food Trailors $900-Game Trailors $14800-Total Carnival Co. $15700-Total Carn Co. $18250- Total Carnival Co. 11/13/2014 11:40 9149377438 RYE BROOK REC PAGE 02/04 Village of Rye Brook Parks and Recreation 938 King Street Rye Brook, NY 10573 Phone: (914)939-7054 Fax: (914) 937-7438 Request for Proposals(RFP)to provide a carnival due November 21 2014 at 4:0 ZThe!1 =722 Qf Rye Brook is seeking proposals to run a carnival for the weekend of� 2or May 8, 9 and 10,2015 with operating hours of 5-1 Opm on Friday, 12- pm on Saturday and 12-5pm on Sunday. The contractor will be responsible for Providing the rides,mechanical support,power to operate, all state pen-nits and inspections, liability insurance, and all personnel to operate the rides. Revenue: Fee Sttwwre: r]D DID f-wy�v ke -� ` Yl r (If a percentage of revenue,please detail how this will be determined) Compensation back to Village: Rides to be provided(minimum 15): At least two(2)super spectacular rides,At least four(4)spectacular rides,At least 5 additional adult rides,At least six(6)kiddie rides I i e l P i�l c? it on �ooLf,!, Other additions to the carnival(ie;game trailers,rope ladder,novelty sales,rock wall,hi strikers, food trailers,etc). IA f i 1 Compensation to Village for other additions [syff housing/trailers on-site,etc) Proof of Insurane Liability. A Q&'J uto /Workers Comp Umbrella ►/ Property L, (Limitations of insurance) Village of Rye Brook and other property owners to be held harmless for the purposes of the carnival r-jh Tommy's Midway Inc. Carnival Dates Available: Week of April 13 -1 br May l l - 16 Village of Rye Brook Parks and Recreation 938 King Street Rye Brook, NY 10573 Phone: (914) 939-7054 Fax: (914) 937-7438 Request for Proposals(RFP)to provide a carnival due November 21,2014 at 4:OOum The Village of Rye Brook is seeking proposals to run a carnival for the weekend of April 20, 21 and 22 or May 8, 9 and 10, 2015 with operating hours of 5-1 Opm on Friday, 12- 1 Opm on Saturday and 12-5pm on Sunday. The contractor will be responsible for providing the rides,mechanical support,power to operate,all state permits and inspections, liability insurance, and all personnel to operate the rides. Revenue: Ride coupons are color coded in numberical order with copy to both Fee Structure: organization; Sellers can be organization or suppli . end ot carniva , ina igures wi be determined and paid to vendor by check. (If a percentage of revenue,please detail how this will be determined) Compensation back to Village: 30% from first dollar gross *** Rides to be provided(minimum 15): At least two(2)super spectacular rides, At least four(4)spectacular rides,At least 5 additional adult rides,At least six(6)kiddie rides Choice: Zipper, Gravitron, Bumper Cars, Kite Flyer, Trabant, Rock o Plane, Swinger, Ferris Wheel, Round L Loop o Plane, S' Dragon, Kiddie Chairs, Flying Bug, Tea Cup, Dizzy Dragon Berry - Go Round, FunSlide, Kidstown, Groovy Bus Train Other additions to the carnival(ie:game trailers,rope ladder,novelty sales,rock wall,hi strikers, food trailers,etc):otton Candy and Ice Cream Trailers, 3 Game TraHlty Ticket Trailer will be available with three side selling points and speaker system to purchaser on front windov Compensation to Village for other additionsny game, andlor other concession, Village will receive $100.00 per day per Concession. ** Special Considerations: No staff housing on premise (staff housing/trailers on-site,etc) * Proof of Insurance: Liability $1,000,000/$2,000,000 Auto Will be included on liability certiicate Workers Comp State Insurance Fund Umbrella Property Will ht- inrhidPd on liahility nart9finate (Limitations of insurance) Village of Rye Brook and other property owners to be held harmless for the purposes of the carnival Note: * Proof of Insurance - Upon execution of contract, certificates will be issued ** Employees do not stay overnight- commute to and from work *** Prior to execution of contract, rides will be discussed TOMMY'S MIDWAY INC. 530 East 234 Street Bronx,New York 10470 718 325-6884 718 325-8710 (Fax) TommysMidway@aol.com This Contract entered into this day of 2014 by and between Tommy's Midway Inc. (Supplier) and , County of (Organization). Whereas the Organization desires to conduct a fundraising event as follows: 1. Dates: a. Location: b. Amusement Rides: 2. Organization will receive % of all ride coupons and bracelets sold. Unsold advance coupons will be returned to Supplier before opening date. Any loss of coupons and/or receipts will be the sole responsibility of Organization. The respective parties herein will secure all permits and licenses. 3. Supplier will operate, free of charge, Popcorn/Cotton Candy and Ice Cream Trailers, Novelties and three (3) non-conflicting game trailers. 4. Complimentary advertising posters (100) will be ordered and shipped directly to Organization. All town, city and community ordinances must be observed with regard to placing the posters. 5. Supplier will not be held responsible for any ride permit postponed, delayed, and/or any mechanical issue(s) pertaining to the amusement rides. 6. Tommy's Midway Inc. will issue and forward, a Certificate of Insurance, indicating Organization as Certificate Holder and/or any other additional insured. 7. No outside vendor(s), amusement ride(s) and/or any other amusement attraction, power driven or not, will be permitted to operate at this particular event. 8. Generator will power out 15 minutes of rides closing. 9. Contract is executed by persons representing the parties herein and cannot be cancelled or amended by either party. 10. Supplier and its employees will make every effort to clean and control debris in and around its equipment. 11. Within 15 days after closing of carnival, Organization will notify Supplier of its intent to continue this contract for the following year in order to secure dates. Tommy Midway Inc. Organization Supplier IL By By All Star Midway 2 Charm City Drive Port Jefferson Station, NY 11776 Email: Allstarmidway@aol,com Fax: 631-476-5731 November 24, 2014 Village of Rye Brook Parks and Recreation 938 King Street Rye Brook,NY 10573 RE: PROPOSAL FOR 2014 CARNIVAL REVENUE STRUCTURE: 35% of Ride gross yo% zTCo 1 RIDES TO 13E PROVIDED: to follow is a list of rides,should you wish to make changes we can make changes as needed. Gondola Ferris Wheel,Hurricane,Bumper Cars,Space Sled, Swinger, Dragon Wagon, Super Slide,Dizzy Dragon,Elephants,Surfs Up,Kidstown,Star Ship, Merry Go Round,Motorcycles,Truckin USA. ADDITIONS TO CARNIVAL: Gaines which can be provided....water gun,derby,bust one,basketball,long range basketball,fish bowl,cat rack,fish to you win,shoot out the star (All Star Midway agrees to pay$100.00 for each game trailer) Food Trailers: Zeppoles/Funnel Cakes,Sausage and Peppers._.each trailer will pay $500.00 References: St.James The Apostle,Carmel, NY St.James,Seaford,NY Farmingdale F.D.,Farmingdale, NY Any questions please do not hesitate to contact me at 516-241-9700 All STAR MIDWAY 2 Charm City Drive Port Jefferson Station, NY 11776 Tel./Fax 631-476-5731 ***CONTRACT*** Whereas,All Star Midway, 2 Charm City Drive, Port Jefferson Station,NY herein referred to as the"Party of the first part" and the Village of Rye Brook, Rye Brook,NY herein referred to as the"party of the second part" enter into a contract to include the following: A. The party of the first part agrees to present their entire company, consisting of high-class pay show,riding devices and concession from . 2015 thru . 2015 1. 13 to 15 Amusement rides,having exclusive right to provide all rides and amusement devices. 2. Will provide all ride tickets,bracelets and 100 posters. 3. Provide ticket booth(s) and ticket Seller(s). 4. Electrical current to power rides and lighting in supplied units only. S. One concession cotton candy/popcorn trailer to be free of all rental consideration. 6. All Star Midway agrees to pay$500.00 for each food trailer(zeppoles/funnel cakes,and Sausage and Pepper). 7. Will provide insurance certificate and indemnification to the listing parry of the second part to the satisfaction of the party of the second part. 8. The cost of individual tickets shall be$1.00. Book of 24 tickets shall be$20.00. Book of 40 tickets shall be$30.00. Book of 100 tickets shall be$75.00. Pay one price shall be$30.00, which has been mutually agreed upon by both parties. All rides require multiple tickets. 9. All Star Midway agrees to pay$100.00 to the party of the second part for each game trailer. 10.The party of the first part shall be responsible for Department of Labor requirements, inspection of rides,and any other non-village permits. B. The party of the second part agrees to: 1. Retain 35%of the gross receipts from all ride revenues up to 25,000,retain 40%after 25,001.00,to be paid at the end of each business day or the end of event. 2. Provide approval by the Village Board of the event and waiving any Rye Brook permit or application fees. C. It is mutually agreed: 1. All taxes, such as,but not limited to,state income tax, state or city exercise tax,sales tax, shall be the obligation of the second part 2. All rides and concession owned by the party of the first part shall be under the management and control of the party of the first part. 3. No other rides or concession similar to,competitive with those provided by the party of the first shall be allowed on the grounds 4. In the event of any equipment of electrical power failure,the party of the first part will not be held responsible for any lost or anticipated revenue D. Any mishap that may occur during the hours of operation of said event must be reported to show office immediately or will be considered null and void. Dated: Dated: Joseph Fragapane All Star Midway 11/13/2014 11:43 9149377438 RYE BROOK REC PAGE 02/04 Village of Rye BMok Parks and Recreation 938 King Street Rye Brook, NY 10573 Phone: (914)939-7064 l RX'. (914)937-7438 Request for Proposals(RFP)to provide a carnival due November 2l,2914 at 4:OOam The Village of Rye Brook is seeking proposals to run a carnival for the weekend of April 2O,21 and 22 9Z May 8, 9 and 10,2015 with operating hours of 5-lop z,on Friday, 12- 1.Opm on Saturdq and 12-Spm on Sunday. The contractor will be responsible for providing the rides,mechanical support,power to operate,W1 state permits and inspections,liability insurance,and all persoratei to+poste the rides. Revenue; Fee Structure: or t? 2 0 0 (tt a percentage of revenue,please detail bow this will be determined) Compensation back to Village, Rides to be provided(m►nirnum 15): At least two(2)super spectacular rides,At least four(4)spectacular rides, At least 5 additional adult rides,Ai least 9fac(d kid ie rides ` OL4Id >,sh ! y r6tber additions to the carnival(1¢:gnme trailers,rope ladder,novelty sales,rock wall,hi strikers �r 41N food trailers, VJL a — 7 FLOA 1C" M", A. ^ Compenstttian W Village for other add tions Special Consideratlontl: Ira, 4, (steffhousingttmilers an-site ctc) Proof of Insurance, Liability � ,r � Auto 1�Horktn Comp ; Umbrella Property (Limitations of insurance) Village of Rye Brook and other property owners to bo held harml"for the gurposes of the carnival Preliminary Cost for the 2014 Carnival Line Item Expenses Post Cards $290 Postage $738 Port-A-Jon $990 Westmore News (2 ads) $820 Misc. (food, mo fee for cc reader) $115 Dumpster $300 Signs $1,025 Overtime- payroll $14,849 Total Expenses* $19,127 Total Line Item Revenue Village 35% Carnival 65% Carnival Rides $44,538 $15,588 $28,950 Deposit excess $150 $53 $98 Vendors (4 @ $200) $800 Food Vendors (3 @ 500) $1500 Game Trailors (9 @ 100) $900 Total Revenues $18,841 Total Gain (Loss)for the event Other Costs Not Included in Above: NYS Retirement System premium: $4,657 (to be paid in Nov. 2014 based on payroll). Wireless credit card reader: $500 one time cost (to be used in future village events). 10 No Parking signs and 10 Reserved-Handicapped signs: $386.00 (to be used in future if needed). Large cigarette but collector: $86 one time cost (to be used in future if needed). Water usage from Village Hall to supply carnival (food vendors,water baloons, etc.) RB & CJB 5/22/2014 Blind Brook-Rye Union Free School District/Calendar Page 1 of 2 May 2015 Blind Brook- Rye Union Free School District/Calendar Sun Mon Tue Wed Thu Fn sat 1 2 Make-Up Dates-NYS Ma hematics-Grades 6.8 7 OOpm 4:OOpm SAT Test Make-Up Dales NYS Ma emaUu testing-Grades 35 7th&8th Grade Band HS-Sophtmore Circus Instrumental Spring 7:39pm 7:30pm 5 o0pm Concert HS Instrumental Spring HS Instrumental Spring 7th Grade Instrumental Concert Rehearsal Concert Spring Concert Rehearsal 7:15pm 8th Grade Band Instrumental Concert Rehearsal 3 4 5 6 7 8 9 12:OOpm 2:30am 8th Grade trip AP Psychology 6th Grade Instrumental 8:00am 8:OOam 8:004m Spring Concert 5:0opm Rehearsal AP English Literature AP Spanish Language AP US History Sharing SAT/ACT - Results 8:OO8m 12:00pm 7 OOpm 12:00pm AP Calculus ABIBC AP Physics I 4th Grade Band 8 4th AP Europe -5th Grade Chorus 7:o0pm 1;00pm Spring Concert Board of Education- 5th 8.6th Grade Candidate's Night Instrumental Spring Concert 7:o0pm 5th 8 6th Grade Instrumental Spring Concert 10 11 12 13 14 15 16 8:OOam 2:20am 8:00am 9.00am HS-Junior Class Trip AP Biology 6th&7th Grade Choral AP English Language Community HS-Select Band 8 Chom trip Spring Concert Dress Conversation 7:30pm Rehearsal 12:OOpm Board of Education- AP Statistics 12:00pm Budget Hearing 8:OOam -- AP Italian Language AP U S Goverment& 7:00pm Po'itics 6th&7th Choral Spring 12:00pm 8:43am Concert AP Macro Econom cs Parent Principal 12:30pm Coffee-Cafeteria RSS-Parent/reacher Conference 12:OOpm — AP French Language 3:30pm Technology Planning Committee Meeting 7:00pm PTA Meeting-RSS Library 17 18 19 .1 22 HS-Junior Class Trip 7:00pm NYS Science Perform Test-Grade 8 2 20pm Board of Education• Budget Vole NYS Science Perfomman a Test-Grade 4 8th Grade&High 9:008m 9:00am School Chorus Spnng Concert Rehearsal HS Parent/Principal MS ParentlPrincipal Coffee Coffee 7 30pm Board of Education- 11:30am 1:45pm Celebration of HS Shared decision MS Shared Decision Teaching Committee Meeting Committee Meeting 7:OOpm 5:OOpm 8th&High School RSS-Parent reacher Choral Spring Concert Conference 24 25 2e NYS Science Performan Test-grade 4 NYS Science Perfonnan Test-Grade 8 Memorial Day 7 OOpm 8 OOam 7:30pm 5th Grade Parent Community Coalition Athletics Advisory Onentation Meeting-MS Cafeteria Committee Meeting 7:00pm 7th Grade Incoming Parent Meeting http://www.blindbrook.org//site/UserControls/Calendar/CalendarPrint.aspx?ModuleInstancelD=1&PageID=2&... 1/23/2015 Blind Brook-Rye Union Free School District Calendar Page 2 of 2 Sun M", _ Tum wed rn„ Fri Ca Grade 4 Athletic Banquet- Make-Up Dates NYS Scie ice Written-Grade 8 Winter Spring NYS Sc encs Written Test-Grade 8 9:15am Junior Book Award Regent Test ELA Program 7 aopm (Common Core) Board of Education Loopm Meeting 1:15pm Science Symposium Regent Test Geometry (Common Core) http://www.bl indbrook.org//site/UserControls/Calendar/CalendarPrint.aspx?Modulelnstancel D=1&PageI D=2&... 1/23/2015 District Calendar Page 1 of 3 ii April 2015 June 2015 S M T W T F S S M T W T F S F.rt Ckester rUk,iC 5Cko(:),, 29 30 31 1 2 3 4 31 1 2 3 4 5 6 Success for 5 6 7 8 9 10 11 7 8 9 10 11 12 13 Every Student 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 District Calendar 26 27 28 29 30 1 2 28 29 30 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 May 2015 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 26 27 28 29 30 1 2 PCHS PCMS JFK PCHS Standardized JFK Report Cards Band Association Teacher&Staff Junior Ring Testing JFK/ELC Annual Issued this Week 7:30 PM Appreciation Ceremony NYSESLAT Walk-a-thon Luncheon 7:30 PM Speaking PCMS Assessment Standardized Report Cards Early Dismissal Window through Testing Issued this Week Professional 5/15 SAT Development 11:30 AM All Students 3 4 5 6 7 8 9 PCHS Band Standardized KSS Edison Park Ave. PCHS Edison Band Recycling Testing Guardians of the Crossing Guard Spring Concert Faculty Tag Sale 10:00 AM-12:00 AP and IB Exams Crosswalk Appreciation Day 7:00 PM Appreciation 10:00 AM-4:00 PM Through 5/24 KSS PCHS PCMS Auditorium Luncheon PM HS Parking Lot Standardized PTA Meeting Park Ave. Testing Teacher&Staff Math/Science/National Recognition Day Honor Society PCHS PTSA Springtime Tea NYSESLAT Luncheon Induction Ceremonies 7:30 PM Listening Reading 4:00 PM Library Writing Board of Assessment Education KSS Window: 5/4- Meeting Spring Concert 5/15 7:00 PM 7:00 PM JFK PCHS Room 229 PCMS Auditorium Spring Concert- PTA Meeting Grades 4&5 PCMS PTA 7:00 PM 7:00 PM PCMS Auditorium 10 11 12 13 14 15 16 Edison Edison Edison Edison Edison Book Fair Book Fair Book Fair Book Fair Book Fair JFK PTA Meeting PTA Meeting KSS KSS Grade 3 Spring King Street PTA JFK PTA Main Street Book Main Street Book Concert 7:00 PM 7:00 PM Fair Fair 7:00 PM PCMS Auditorium PTA Meeting PCMS PCHS PCMS Park Avenue PTO Spring Concert Spring Concert College&Career 7:00 PM 7:00 PM 7:30 PM Fair PCMS Auditorium Edison KSS Spring Concert Grandparents 7:00 PM Day PCMS Auditorium Edison Pajama Day http://www.portchesterschools.org/calendar month_Jrint.aspx?id=4e47fae7-6c42-4e0f-88c0-ca9bl 12f8844&d... 1 232015 District Calendar Page 2 of 3 17 18 19 20 21 22 23 PCHS Band District Event Standardized Testing School Event KSS Band Recycling BUDGET VOTE NYS Grade 4&8 1, 5th Grade Field Staff vs 5th Grade 10:00 AM-12:00 AND BOARD OF Science Performance Day Kickball PM EDUCATION Assessment SUNY Purchase HS Parking Lot ELECTIONS Testing window 5/20- 7:00 AM-9:00 5/29 Park Ave. PM PCMS Talent Show PCMS Gymnasium National Junior Honor Park Ave. PTA Meeting Society Induction Remembering 3:15 PM Military Walk Edison PTO 7:00 PM 11:00 AM PCHS Band PCHS Band Parent Senior Meeting Scholarship Night 7:30 PM 6:30 PM 24 25 26 27 28 29 30 Holiday-Schools Music/Theater Board of Education PCMS Closed Band Night Meeting After School Ends Memorial Day PCHS Stadium 7:00 PM PCMS Food Booths PCHS Room 229 Open @ 4pm Music Department Music Starts @ Spring 7pm Competition Trip Rain date 5/27 Second rain date 528 PCHS Progress Reports Issued this Week PCMS Progress Reports Issued this Week Music/Theater Elementary Band Rehearsal(for Band Night) 9:00AM-10:45 AM at PCHS Rain date 5/27 Music/Theater Elementary Spirit Team Rehearsal (for Band Night) 12:45 PM-2:00 PM at PCHS Rain date 527 PCHS Foreign Language National Honor Society Induction 4:00 PM 31 1 2 3 4 5 6 District Event District Event District Event District Event District Event District Event Kindergarten Kindergarten Kindergarten Kindergarten Kindergarten Kindergarten Screening Screening Screening Screening Screening Screening http://www.portchesterschools.org/calendar month_print.aspx?id=4e47fae7-6c42-4e0f-88c0-ca9b]12f8844&d... 1 232015 District Calendar Page 3 of 3 For incoming For incoming For incoming For incoming For incoming For incoming Kindergarten Kindergarten Kindergarten Kindergarten Kindergarten Kindergarten students/all students/all students/all schools students/all students/all students/all schools schools schools schools schools PCHS PCHS PCMS Edison Standardized Student Learning Common Core 8th Grade Trip to Fun Day Testing Objectives Algebra&English Holiday Hill JFK SAT Testing Exams through 6/12 Park Ave. PCMS Kids Night Out Success Night Grades 2-5 8th Grade Awards Ceremony 3:15 PM PTA Meeting PCMS PTA 7:00 PM http://www.portchesterschools.org/calendar month_print.aspx?id=4e47fae7-6c42-4e0f-88c0-ca9b]12f8844&d... 1/23/2015 January- 27, 2015 R-4 RESOLUTION SETTING A PUBLIC HEARING FOR A LOCAL LAW TO AMEND CHAPTERS 215, 235, 245 AND A258 OF THE VILLAGE CODE FOR THE CREATION OF A VILLAGE SUSTAINABILITY COMMITTEE WHEREAS, the Village of Rye Brook Comprehensive Plan recommends the creation of a Sustainability Committee to educate the public on issues of environmental importance to the Village and to oversee sustainability initiatives undertaken by the Village; and WHEREAS, the mission and objectives of such a committee would be substantially, similar to the Village's existing Advisory Committee on Environmental Conservation (the "ACEC"); and WHEREAS, by letter dated January 9, 2015, the members of the ACEC made a recommendation and request to the Village Board that the ACEC be converted into the Village of Rye Brook Sustainabilitv Committee, and further, that the mission and objectives of the ACEC and Sustainability- Committee be merged; and WHEREAS, the Village Board finds that the membership of the ACEC is well- suited to undertake the proposed functions of the Sustainability Committee. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook determines that the proposed action is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and therefore, no further environmental review is required; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on February, 13, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rve Brook, New York, to consider a proposed local law (i) creating the Village of Rye Brook Sustainability Committee; and (ii) merging the mission, objectives and membership of the ACEC into the Sustainability Committee. 1313/08/48007211 1116115 VILLAGE OF RYE BROOK,NY ADVISORY COUNSEL, ON ENVIRONMENTAL CONSERVATION Dear Mayor and Village Board: The Advisory Counsel on Environmental Conservation (the "ACEC"), by affirmative vote taken at its regular public meeting held on October 2, 2014, hereby states and recommends the following to the Mayor and the Village Board. The ACEC notes that Plan Rye Brook: Village of Rye Brook Comprehensive Plan, adopted on June 2014, 2014, contains a recommendation that, "the Village establish a sustainability committee to educate the public and oversee sustainability initiatives". We further note that the current mission of the ACEC, as set out on the www.aebrook.org website reads as follows: This committee promotes the conservation of the environment of the Village of Rye Brook by acting in an advisory capacity to the Village Board of Trustees, and by serving as liaison between the Board and the Rye Brook community on such matter as programs, areas, facilities, public relations and other matters pertaining to conservation of the environment. The ACEC sees considerable overlap between its current mission and the proposed mission of a sustainability council. We believe that the ACEC's collective efforts and expertise are well suited to undertake the functions of a sustainability committee and the ACEC would welcome the opportunity to take on this important mission. Consequently, the ACEC proposes: a) incorporating such sustainability efforts into the mission of the ACEC; and b) re-naming the ACEC to include "sustainability" in its title (for example: Sustainability Advisory Council). We look forward to working with the Mayor and the Board to discuss this issue further and to help specifically define the sustainability-related goals and duties of such a committee. Thank you for your time and consideration. Since ly, - Step Fischer, Chair January , 2015 cc: David Bacchioni, ACEC Mickey Marks, ACEC Seth Schneider, ACEC Michael Siegel,ACEC Meg Veith-Heib, ACEC Robin Willig, ACEC FADan\Exceltec\Consents\OS Member's Unanimous Consent Final 3.21.02.doe LOCAL LAW AMENDING CHAPTERS 215, 2355 245 and A258 OF THE VILLAGE CODE A LOCAL LAW to amend Chapters 215, 235, 245 and A258 of the Village of Rye Brook Code regarding the creation of a Village Sustainability Committee. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 1. Chapter 235 of the Village Code, entitled Trees, is amended as follows: § 235-2 Definitions. ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION term An advisoi-� board consisting of appoi ted by the Board of Tfustees for 9: ft1.. r.l"Fr „1 235 23 Advisory Counefl on Eiivironmental Conservation. A, The - - _ The Gottneil shall also ffiake feeoffiffiendations to the b s. be Board blandscaping and othef b40tlt its of wa�f and ` be owned `' b days'B-0)-g-V4 as it deems appropfiate for the presefvation and replenishment of trees B-. The Advisory Council on En-vironmenta4 Conset=vation shall meet at such times a deems appropriate to acecomplish the pufposes of 5 235 -23. All such meetings shall co efied on !0 notice. AU meetings of fhe Advisoff Council on En-vifonme Conservation shall be open to the publie.- b b ethef eopies-of all feeofnffieiqdatiw9s, besubed tothe Wlag b b' 1313/08/48006911 1116115 Section 2. Article VI of Chapter A258 of the Village Code is hereby-adopted as follows: S A258-15 Sustainability Committee. A. Purpose. The Sustainability- Committee shall promote the consenTation of the environment of the Village of Rye Brook by acting in an advisory capacity to the Village Board of Trustees and by serving as liaison between the Board and the Rye Brook community on conservation programs and initiatives undertaken by the Village Board. B. The Sustainability Committee shall: make recommendations to the Village Board regarding the preservation and replenishing of trees, woods and landscaping in the Village so as to minimize undesirable environmental impacts and further beautify the Village in furtherance of the health, safety and`welfare of present and future Village residents, and make recommendations to the Village Board regarding proposed shade tree planting, landscaping and other beautification projects to be performed by the Village throughout its various rights-of-,vat% and Village-owned properties, and educate the public on environmental issues selected by the Village Board, and 44 oversee sustainability initiatives undertaken by the Village Board. C. The Sustainability Committee shall meet at such times as it deems appropriate to accomplish its goals, objectives and duties. All such meetings shall be convened on 10 days' notice and shall be open to the public. D. All recommendations of the Sustainability Committee shall be by majority vote of the whole Committee. Minutes of the meetings, together with copies of all recommendations, shall be submitted to the Village Administrator/Clerk within 30 days following the meeting. Section 3. The existing membership of the Advisory Committee on Environmental Conservation as of the date of adoption of this local law is hereby appointed to serve as the initial membership of the Sustainability Committee. 1313/08/48006911 1116115 -2- Section 4. Chapter 215 of the Village Code, entitled Streets and Sidewalks, is amended as follows: § 215-4 No construction permitted in public right-of-way. A. No person or company may construct a structure within the public right-of-way, with the exception of necessary work for the installation or maintenance of utilities, including but not limited to cable television, gas services, electric services, telephone services, installation of water mains, storm drains, sewers and appurtenances, provided, however, that such person or company first receives a validly issued permit from the Village of Rye Brook Building Department. B. Underground vaults for telephone systems shall be considered an appurtenance requiring a permit, and signposts with gauging stations for gas mains are also appurtenances requiring a permit prior to installation. C. No wall or fence may be constructed within the public right-of-way. D. All applications for such permits shall include an erosion and sediment control plan in accordance with Chapter 118, Erosion and Sediment Control, of this Code. E. All applications for permits for work including excavation must demonstrate compliance with the notification provisions of 16 NYCRR Part 753 regarding protection of underground facilities. F. Should the work to be performed in the public right-of-way result in the construction or placement of a fixture, structure, pole, monitoring box or other appurtenance which will remain in the right-of-way, upon submission of the permit application to the Building Department the applicant must submit a plan to the on Environmental Sustainability Committee, which will make a recommendation as to whether there is adequate screening to form a natural landscaping to shield the adjacent buildings and public from the proposed building or structure or utility appurtenance. G. Upon approval o€positive recommendation for any, plan by the Advisofy Council on Envifon Al Com Sustainability Committee, the wee Building Inspector will set an amount to be held in escrow to guarantee the work performed and plantings to be included, pending completion of the work and approval by the Building Inspector. 215-6 Deposit or bond. A. The applicant and permittee shall deposit with the Building Inspector before receiving a permit, a cash bond, in an amount set forth in the License and Permit Fee 1313/08/48006911 1116115 -3- Schedule, to guarantee the work performed in the street or highway, including the cost of replacing pavement and the restoration of the opening. The deposit shall be returned after the Building Inspector approves the final restoration of the public road, right-of-way, street or highway and the guaranty settlement of any pavement or any violation of the specifications. In the event that the application or permittee does not restore the street to the satisfaction of the Building Inspector, upon five days' written notice or, in an emergency upon such notice as deemed practicable, the Building Inspector shall have the right to perform the work the Building Inspector deems required, utilizing the deposit to defray the costs thereof. In the event that the costs arc greater than the amount deposited, the applicant or permittee shall be liable for the balance. B. For utility companies only, in lieu of a cash deposit, the utility, company may file a bond with the Building Inspector, in an amount set forth in the License and Permit Fee Schedule, to guarantee the restoration of the public road, right-of-way, street or highway. C. The Village Engineer may deny a street opening permit to any person or party failing to obtain a positive recommendation from the Consefvati Sustainability Committee demonstrating adequate screening of a proposed structure or to restore a public road, right-of-way, street or highway in accordance with this article or who shall owe the Village any sum of money under this article to restore a public road, right-of-way, street or highway, subject to appeal to the Board of Trustees. 215-5 Specifications for construction in right of way. Construction within the right-of-way and the final restoration shall be performed in accordance with Village standards and specifications approved by the Village Engineer, which shall include the following minimum specifications: A. Any, such application must include a positive recommendation from the Advisa�y Council on Efl-vironmental CO Sustainability Committee and the appropriate escrow set by the Building Inspector to ensure there is adequate screening to form a natural landscaping to shield the adjacent buildings and public from the proposed building or structure. B. All work shall be performed in a good and workmanlike manner, satisfactory- to the Village Engineer. 1313/08/48006911 1116115 -4- Section 5. Chapter 245 of the Village Code, entitled Wetlands and Watercourses, is amended as follows: § 245-3 Definitions. ADVISORYCOUNCIL OENVIRONMENTAL CONSERVATION The Ad-visofy Council on Gonsevv-fttion, as duly appointed by the V41htge § 245-5 General procedures for permits. A. Procedure for permits when the Planning Board is the approval authority. (1) Ten copies of the application for a permit shall be submitted to the approval authority on forms furnished by the Village Clerk. Additional copies shall be provided as required by the approval authority for distribution to advisory boards, councils, commissions and consultants. (2) An application shall not be deemed complete until and unless the applicant has complied fully with the procedures of the State Environmental Quality Review Act. (3) The approval authority, upon receipt of an application which is complete and meeting the application requirements of this chapter, may refer the application to the o r--� E_.,nci C._ ..sev.—nion Sustainability Committee for review and report. The AdyoiyCouncil of�rVr-F_~ ~--4#1— � Sustainability Committee shall, upon a referral, report to the approval authority within 30 days of the referral date or within such other longer period as may be specified by the approval authority. (4) Any, application for a wetlands permit shall be subject to the notification requirements as set forth in � 250-40Editor's Note: See Ch. 250, Zoning. of the Village Code. (5) All information relating to a permit application, including but not limited to the application itself, additional required materials or information, notices, record of hearings, written comments and findings shall be maintained on file in the office of the Village Clerk. (6) The approval authority, its agents or employees may enter upon any lands or waters for good cause shown for the purpose of undertaking any investigations, examinations, surreys or other activity for the purposes of this chapter. 1313/08/48006911 1116115 -5- (7) The approval authority may contract with qualified professionals, at the expense of the applicant, to assist it in any aspect of the review of an application. (8) A permit shall be issued after the approval of an application by the approval authority. The date of issue shall be the date the permit is issued pursuant to the approval of the application. All permits shall expire upon completion of the acts permitted and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. An extension of an original permit may be granted upon written request to the approval authority by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. The time period for a renewal may be waived for good cause show. The approval authority may require a new hearing if, in its judgment, the original intent of the permit is altered or extended by the renewal or if the applicant has failed to abide by the terms of the original permit in any way. The request for renewal of a permit shall follow the same form and procedure as the original application except that the approval authority shall have the option of not holding a hearing if the original intent of the permit is not altered or extended in any significant way. The standards for issuance of renewals shall be the same as for the issuance of permits. 245-5 Standards for permit decisions. A. In granting, denying or conditioning any permit, the approval authority shall consider any report of the A°&v:. _- G_„~eil &R Sustainability Committee. The approval authority shall also evaluate wetland functions and the role of the wetland in the hydrologic and ecological system and shall determine the impact of the proposed activity upon public health, safety and welfare, flora and fauna, rare and endangered species, water quality and additional wetland functions listed in 245-1 of this chapter. In this determination, the approval authority, shall consider the following factors: 245-11 Permit conditions. A. Any, permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached as the approval authority deems necessary, pursuant to 5 245-8 of this chapter, to ensure the preservation and protection of affected wetlands and to ensure compliance with the policies and provisions of this chapter and the provisions of the approval authority's rules and regulations, if any, adopted pursuant to this chapter. B. Every permit issued pursuant to this chapter shall be in written form and shall contain the following conditions: 1313/08/48006911 1116115 -6- (1) Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the E..__:.0fif. e fit„' r-o flse. V aL: .. Sustainability Committee, the Village Engineer or their designated representatives. (2) All permits issued under this chapter shall be shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5B(7) of this chapter. (3) The permit holder shall provide written notification to the approval authority of the date on which the regulated activity is to begin at least five business days in advance of such date. (4) The approval authority's permit shall be prominently displayed at the project site during the undertaking of any, of the activities authorized by the permit. (5) The boundaries of the regulated activity, and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. (6) The permit, including all conditions, shall be binding on all successors and assignees of the permit holder. Section 6. This local law shall become effective immediately, upon filing in the Office of the Secretary of State. 1313/08/48006911 1116115 -7- Village of Rye Brook,NY Page 1 of 1 Village of Rye Brook,NY Friday,January 9,2075 Chapter 235. TREES § 2 3 5-2 3. Advisory Council on Environmental Conservation. A. The Advisory Council on Environmental Conservation shall make recommendations to the Village Board regarding the preservation and replenishing of trees,woods and landscaping in the Village so as to minimize undesirable environmental impact and further beautify the Village in furtherance of the health,safety and welfare of present and future Village residents.The Council shall also make recommendations to the Village Board regarding proposed shade tree planting,landscaping and other beautification projects to be performed by the Village throughout its various rights-of-way and Village-owned properties,and such other recommendations to the Village Board as it deems appropriate for the preservation and replenishment of trees throughout the Village. B. The Advisory Council on Environmental Conservation shall meet at such times as it deems appropriate to accomplish the purposes of§235-23.All such meetings shall be convened on io days' notice.All meetings of the Advisory Council on Environmental Conservation shall be open to the public. C. All recommendations of the Advisory Council on Environmental Conservation shall be by majority vote of the whole Council. Minutes of the meetings,together with copies of all recommendations, shall be submitted to the Village Administrator/Clerk within a reasonable amount of time following the meeting. http://ccodc360.com/print/RYI 192?guid-13470141 1/9/2015 January 27, 2015 R-5 RESOLUTION CONSIDERING AN AMENDMENT TO THE SURPLUS EQUIPMENT BID AWARDED ON JANUARY 13, 2015. WHEREAS, On January 13, 2015 the Village Board awarded bids to various vendors for surplus equipment totaling $48,891 utilizing the Municibid program; and, WHEREAS, The 2001 Elgin Sweeper was awarded to Brian Mcgourty in the amount of$13,800; and, WHEREAS, The Village was notified in writing on January 21, 2015 by Municibid that there was a reporting error that resulted in one bid item being awarded to the wrong vendor,but for the correct amount. NOW, THEREFORE BE IT RESOLVED, that the January 13, 2015 bid award for the 2001 Elgin Sweeper is hereby amended and the item is awarded to Philip Spatz in the amount of$13,800. ID I SQL Date/Time I A c t I Machine Name Priority Event ID 296461 1/7/2015 10:10:01 AM 11brnegourty APP-SERVER-1 0 J Parametem Key Value ListinglD 114026131 ListingActionlD 114280123 FeesOwed IlFaise Accepted C IlFalse — — -- -- - — — 2001 International Chass^s Elgin Crosswinds weeper Seller: Listing �uotum |O�� Svveo�ar Starting � �200000 H|(�HB|D' �138OU (�nUm� �nv�rmrn�r�Auc�Ann� ' � ' ' .UO Started:12/1e/2o14n.00.00mw Ended:1me 1510.10:00mw Number of Bids:0 Number ofViews:mm Reserve Price::m High ��^�� ��'|' Spatz . .U��.. ��U~°~°V��� Philip ^^����"� ^° ' ' Bidder Email: office@vaspatz.com Bidder Phone: Bidder Alt Phone: Address: 91 Lone Pine Drive . Berkeley Heights NJ 07922 Bid History ory Bid Date/Time Bid Username First Last Email Phone 12/15/2014 5:31:33 PM $2,000.00 Town|ineoforange Michael Beaton town|ineoforange@ao|.com 12/19/2014 9:22:06 PM $2,050.00 reyas101 wolf de a|rt|ghtg|aso@att.net 12/19/2014 9:22:06 PM $2,100.00 Tnwn||nenfnrange Michael Beaton tnwn||neofnrange@an|.cnm 12/19/2014 9:22:43 PM $2,200.00 reyes101 wolf de a|rt|ghtg|ass@att.net 12/19/2014 9:22:43 PM $2,250.00 Town|ineoforange Michael Beaton town|ineoforange@ao|.com 12/19/20149:24:07PM $2,500.00 reyes101 wolf de airtightg|ass@att.net 12/19/20149:24:07PM $2,600.00 Tuwn||neoforange Michael Deaton town||neofurange@au|.cum 12/19/2O149:24:35 PM $2,700.00 reyes101 wolf de a|rt|ghtg|aoo@att.net 12/19/2014 9:24:35 PM $2,800.00 Tnwn||nenfnrange Michael Beaton tnwn||neofnrange@an|.cnm 12/20/2014 7:48:00 PM $3,000.00 Town|ineoforange Michael Beaton town|ineoforange@ao|.com 12/20/2014 7:48:00 PM $3,100.00 Fijo|s John Fijo| fijoU@verizon.net 12/24/201412:40:54PM $4,200.00 F|1o|s John FUn| fi1nU@ver|znn.net 12/24/201412:40:54PM $4,300.00 f|ybny9 john n|cho|y 1nhn@wnndstocka|r.cnm 12/30/20142:40:11 PM $4,300.00 bmcgourty brian mogourty bmcgnurty@ver|zon.net 1Z/3O/2O142:40:11 PM $4,400.00 f|yboy9 john nicho|s john@woodstockair.00m 12/30/2014 2:40:28 PM $5,000.00 bmcgourty brian mcgourty bmcgourty@verizon.net 12/30/2014 2:40:28 PM $5,000.00 f|yboy9 john n|cho|y 1nhn@wnndytocka|r.cnm 12/30/2014 2:40:39 PM $5,100.00 bmcgnurty brian mcgourty bmcgnurty@ver|zon.net 1/1/2015 8:39:16 PM $0,000.00 bmcgourty brian mogourty bmcgnurty@verizon.net 1/1/2015 8:39:16 PM $0,009.00 Fijo|s John Fijo| fijoU@verizon.net 1/3/2015 10:57:40 AM $5,109.00 kimk1515 Kimberly Keen keen.kimber|y@gmai|.com 1/4/2015 11:17:54 AM $6,159.00 k|mk1515 Kimberly Keen keen.k|mber|y@gma||.com 1/4/201511:17:54AM $0,259.00 bmcgnurty brian mcgourty bmcgnurty@ver|zon.net I/0/2015 1:39:40 AM $0,300.00 kimkI515 Kimberly Keen keen.kimber|y@gmai|.00m 1/6/20151:39:40AM $0,400.00 bmcgourty brian mogourty bmcgourty@verizon.net 1/6/20151:39:53AM $6,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/6/2015 1:39:53 AM $6,600.00 kimk1515 Kimberly Keen keen.kimberly@gmail.com 1/7/2015 8:36:57 AM $6,666.00 kimk1515 Kimberly Keen keen.kimberly@gmail.com 1/7/2015 8:36:57 AM $6,766.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 8:49:45 AM $8,000.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 8:49:45 AM $8,100.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 8:58:15 AM $10,000.00 NCambria Claudine Nagle northerncambria@comcast.net 1/7/2015 8:58:15 AM $10,100.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:56:47 AM $10,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:56:47 AM $10,600.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:57:00 AM $10,800.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:57:00 AM $10,900.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:57:12 AM $11,200.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:57:12 AM $11,300.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:57:53 AM $11,400.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:57:53 AM $11,500.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:58:32 AM $11,600.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:58:32 AM $11,700.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:58:46 AM $11,900.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:58:46 AM $12,000.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:59:34 AM $12,200.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:59:34 AM $12,300.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:00:39 AM $12,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 10:00:39 AM $12,600.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:03:18 AM $13,000.00 osceolal David Chiles david@sinclairequip.com 1/7/2015 10:03:18 AM $13,100.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:04:45 AM $13,200.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 10:04:45 AM $13,300.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:05:06 AM $13,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 10:05:06 AM $13,600.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:06:02 AM $13,700.00 osceolal David Chiles david@sinclairequip.com 1/7/2015 10:06:02 AM $13,800.00 VASpatz Philip Spatz office@vaspatz.com — - — -- ——— - -- 2001 International Chass^s Elgin Crosswinds weeper Seller: Listing �uotum |O�� Svveo�ar Starting � �200000 H|(�HB|D' �138OU ���Um���v�r�rn�m1�u���n� ' � ' ' .UO Started:12/1e/2o14n.00.00^m s"uou.oneomm.m.00xm Number v,Bids:o Number ofViews:m1 Reserve Price:$o High U�^���� brian �x . .U��.. ��U~°~°V��� ^^[|���l O0C�(]U. ` ^° -^^ ' Bidder Email: bmcgourty@verizon.net Bidder Phone: Bidder Alt Phone: Address: 2 Garden Park . Braintree &1A 02184 Bid History ory Bid Date/Time Bid Username First Last Email Phone 12/15/2014 5:31:33 PM $2,000.00 Town|ineoforange Michael Beaton town|ineoforange@ao|.com 12/19/2014 9:22:06 PM $2,050.00 reyas101 wolf de a|rt|ghtg|aso@att.net 12/19/2014 9:22:06 PM $2,100.00 Tnwn||nenfnrange Michael Beaton tnwn||neofnrange@an|.cnm 12/19/2014 9:22:43 PM $2,200.00 reyes101 wolf de a|rt|ghtg|ass@att.net 12/19/2014 9:22:43 PM $2,250.00 Town|ineoforange Michael Beaton town|ineoforange@ao|.com 12/19/20149:24:07PM $2,500.00 reyes101 wolf de airtightg|ass@att.net 12/19/20149:24:07PM $2,600.00 Tuwn||neoforange Michael Deaton town||neofurange@au|.cum 12/19/2O149:24:35 PM $2,700.00 reyes101 wolf de a|rt|ghtg|aoo@att.net 12/19/2014 9:24:35 PM $2,800.00 Tnwn||nenfnrange Michael Beaton tnwn||neofnrange@an|.cnm 12/20/2014 7:48:00 PM $3,000.00 Town|ineoforange Michael Beaton town|ineoforange@ao|.com 12/20/2014 7:48:00 PM $3,100.00 Fijo|s John Fijo| fijoU@verizon.net 12/24/201412:40:54PM $4,200.00 F|1o|s John FUn| fi1nU@ver|znn.net 12/24/201412:40:54PM $4,300.00 f|ybny9 john n|cho|y 1nhn@wnndstocka|r.cnm 12/30/20142:40:11 PM $4,300.00 bmcgourty brian mogourty bmcgnurty@ver|zon.net 1Z/3O/2O142:40:11 PM $4,400.00 f|yboy9 john nicho|s john@woodstockair.00m 12/30/2014 2:40:28 PM $5,000.00 bmcgourty brian mcgourty bmcgourty@verizon.net 12/30/2014 2:40:28 PM $5,000.00 f|yboy9 john n|cho|y 1nhn@wnndytocka|r.cnm 12/30/2014 2:40:39 PM $5,100.00 bmcgnurty brian mcgourty bmcgnurty@ver|zon.net 1/1/2015 8:39:16 PM $0,000.00 bmcgourty brian mogourty bmcgnurty@verizon.net 1/1/2015 8:39:16 PM $0,009.00 Fijo|s John Fijo| fijoU@verizon.net 1/3/2015 10:57:40 AM $5,109.00 kimk1515 Kimberly Keen keen.kimber|y@gmai|.com 1/4/2015 11:17:54 AM $6,159.00 k|mk1515 Kimberly Keen keen.k|mber|y@gma||.com 1/4/201511:17:54AM $0,259.00 bmcgnurty brian mcgourty bmcgnurty@ver|zon.net I/0/2015 1:39:40 AM $0,300.00 kimkI515 Kimberly Keen keen.kimber|y@gmai|.00m 1/6/20151:39:40AM $0,400.00 bmcgourty brian mogourty bmcgourty@verizon.net 1/6/20151:39:53AM $6,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/6/2015 1:39:53 AM $6,600.00 kimk1515 Kimberly Keen keen.kimberly@gmail.com 1/7/2015 8:36:57 AM $6,666.00 kimk1515 Kimberly Keen keen.kimberly@gmail.com 1/7/2015 8:36:57 AM $6,766.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 8:49:45 AM $8,000.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 8:49:45 AM $8,100.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 8:58:15 AM $10,000.00 NCambria Claudine Nagle northerncambria@comcast.net 1/7/2015 8:58:15 AM $10,100.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:56:47 AM $10,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:56:47 AM $10,600.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:57:00 AM $10,800.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:57:00 AM $10,900.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:57:12 AM $11,200.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:57:12 AM $11,300.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:57:53 AM $11,400.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:57:53 AM $11,500.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:58:32 AM $11,600.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:58:32 AM $11,700.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:58:46 AM $11,900.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:58:46 AM $12,000.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 9:59:34 AM $12,200.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 9:59:34 AM $12,300.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:00:39 AM $12,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 10:00:39 AM $12,600.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:03:18 AM $13,000.00 osceolal David Chiles david@sinclairequip.com 1/7/2015 10:03:18 AM $13,100.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:04:45 AM $13,200.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 10:04:45 AM $13,300.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:05:06 AM $13,500.00 bmcgourty brian mcgourty bmcgourty@verizon.net 1/7/2015 10:05:06 AM $13,600.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:06:02 AM $13,700.00 osceolal David Chiles david@sinclairequip.com 1/7/2015 10:06:02 AM $13,800.00 VASpatz Philip Spatz office@vaspatz.com 1/7/2015 10:09:59 AM $14,050.00 bmcgourty brian mcgourty bmcgourty@verizon.net Christopher Bradbury From: Christopher Bradbury Sent: Thursday, January 22, 2015 3:39 PM To: Sarah Bledsoe Subject: FW: Regarding Auction Report Issue for Listing #4026131 Attachments: Municibid system notice.pdf; Corrected Auction Report 4026131.pdf; original incorrect auction report for 4026131.pdf Importance: High Sarah- Have to add an agenda item... please include the email below and the attached backup on the agenda for BOT distribution. Thanks, Chris Bradbury From: Michal Nowak Sent: Thursday, January 22, 2015 3:08 PM To: Christopher Bradbury Subject: FW: Regarding Auction Report Issue for Listing #4026131 Importance: High From: Mike Bianchini [mai Ito:mike.bianchini(a)municibid.com] Sent: Wednesday, January 21, 2015 4:39 PM To: Michal Nowak Subject: Regarding Auction Report Issue for Listing #4026131 Hi Michal, Please let me know if you need any further information. Link to the page of the item https://municibid.com/Listing/Details/4026131 Bid history for the item https://municibid.com/Listin /Hg istory/4026131?currency=USD The issue: On Thursday January 15th we were made aware of an issue with the auction report for listing #4026131. The report showed Brian Mcgourty(bmcgourty) as the high bidder for $13,800, however, the bid history on the report indicates his bid amount was $14,050. We also found the Municibid website said Philip Spatz(VASpatz) I was the high bidder with a bid of$13,800. According to the bid history on Municibid, Brian Mcgourty's bid was never accepted. After further investigation of this situation we have found the following: Brian Mcgourty bid was rejected because he entered his bid of$14,050 just after the auction closed. Most likely he never completed submitting his bid process (ie click submit bid) before the close of the auction. Thus, according to our database the bid was rejected because the listing was not active. A message should have appeared on the page of the item after the user submitted his bid. We also have no indications that notifications were sent stating that the bid when through. Though the bid was rejected by the system, the bid history section of the auction report incorrectly indicated the bid was successful which then made him show as the high bidder. The reason this bid is shown on the auction report at 10:09:59 is because the system says that a bid can not come in after the scheduled close of the auction at 10:10 thus the report indicated the bid came in at 10:09:59. Should the bid have actually been placed in time, the end of the auction would've been extended an additional 2 minutes. Also Philip Spatz proxy bid amount would have outbid his $14,050. Attached is supporting documentation to show the time of the bids and whether they were accepted or rejected. What caused the issue? Because of the recent upgrade of our auction platform, some code was changed that affected the auction reports. This change made the report display the incorrect information for the high bidder section and in the bid history. Unfortunately, even after extensive testing, we were unaware of this issue until January 15th. How was this corrected? As of January 21 we have corrected the code issue to ensure future reports show the correct bid history and high bidder. We have also attached the revised auction report for listing #4026131 to show the correct winning bid and bidder. Thank you, Mike Mike Bianchini Chief Marketing Officer I Municibid mike.bianchini(@rnunicibid.com 1800.531.6074 ext. 704 2 January 27, 2015 R-5 RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: JANUARY 13, 2015 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby certifies the approval of the minutes for the meetings held on January 13, 2015. VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 13, 2015 AGENDA 7:00 P.M. —EXECUTIVE SESSION: 0 Property Acquisition 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing to consider an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). RESOLUTIONS: 1) Considering an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). 2) Considering a donation from Rye Brook Youth Soccer Club 3) Considering an amendment to the License and Permit Fee Schedule for parking overnight at the Garibaldi Place municipal parking lot. 4) Considering a renewal agreement with the Westchester County Employee Assistance Program (EAP). 5) Considering entering into agreements for the 2015 Rye Brook Spring Carnival event. Board of Trustees January 13,2015 Page 1 6) Considering the award of bids for surplus municipal equipment. 7) Considering a transfer of funds and authorization for emergency repairs to the Rye Brook Fire Ladder. 8) Considering a transfer of funds for scanning services. 9) Approving minutes for the Village Board meeting held on December 15, 2014. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: January 27 & February 10, 2015. BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Mayor Paul S. Rosenberg Excused: Trustee Jeffrey B. Rednick VILLAGE STAFF: Christopher Bradbury, Village Administrator Greg Austin, Chief of Police Michel Nowak, Superintendent of Public Works Edward Beane, Esq., Village Counsel Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Board of Trustees January 13,2015 Page 2 Mayor Paul Rosenberg called the Tuesday, January 13, 2015 Board of Trustees meeting to order. He stated that the Board of Trustees held an Executive Session prior to the meeting on property acquisitions. This is the first meeting for 2015. Trustee Rednick was excused from the meeting due to illness. PUBLIC HEARINGS: 1) Public hearing to consider an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the public hearing was declared open. Mr. Christopher Bradbury, Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye The property has passed inspection and all the violations have been corrected. The representative for the applicant presented the Board with the Approval received from the Building Department. New fencing and landscaping has been installed. The type of landscaping installed, improvements, and the hours of operation were discussed. On a motion made by Trustee Jason Klein, and seconded by Trustee Epstein, the public hearing was closed. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye Board of Trustees January 13,2015 Page 3 RESOLUTIONS: 1) Considering an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN APPLICATION TO AMEND THE SPECIAL USE PERMIT FOR THE GASOLINE STATION LOCATED AT 79 SOUTH RIDGE STREET (AKA 93 SOUTH RIDGE STREET) VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees is considering an application by property owner Ridge Street Rye Brook, LLC for approval of an amendment to the existing Special Use Permit for 79 South Ridge Street (aka 93 South Ridge Street)to expand the hours of operation from 8:00a.m.-9:00p.m. to 6:00a.m.-9:00p.m., seven days a week, for the gasoline pumps located on the premises, at the intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.27-1-13 on the Town of Rye Tax Map and located in the C-1 Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for this application; and WHEREAS, the Board of Trustees referred the application to the Rye Brook Planning Board on October 14, 2014, for preparation of a Report and Recommendations concerning the application; and WHEREAS, the Planning Board returned a Report and Recommendations to the Board of Trustees, adopted November 13, 2014, recommending approval of the application subject to certain proposed conditions; and WHEREAS, the Board of Trustees previously determined, by resolution adopted October 14, 2014,that the application is an Unlisted Action pursuant to SEQRA; and WHEREAS, on January 13, 2015, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on January 13, 2015; and Board of Trustees January 13,2015 Page 4 WHEREAS, the Board of Trustees reviewed the Report and Recommendations of the Planning Board, and comments of the Village Planning Consultant and Village Staff, and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the application. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the application materials that were prepared for this action, hereby adopts the attached Negative Declaration; and be it FURTHER RESOLVED, that the application for an amendment to the existing Special Use Permit for 79 South Ridge Street (aka 93 South Ridge Street) is hereby granted subject to the following conditions: 1. The permitted hours of operation Monday through Saturday each week shall be between 6:00 A.M. and 9:00 P.M. Permissible hours of operation on Sundays shall be between 8:00 A.M. and 7:00 P.M. 2. Except as set forth in condition (3), there shall be no overnight storage of motor vehicles, trucks, trailers, recreational vehicles, boats, snow mobiles or personal watercraft on the premises outside of the building. 3. No vehicle which is waiting for service or which has been serviced in the service bays on the premises shall be parked on the premises for a period exceeding 48 hours. This restriction shall not apply to vehicles parked inside the service bays. 4. The lease or rental of utility trailers, rental trucks and automobiles on the premises is prohibited. 5. The washing or detailing of vehicles on the premises is prohibited. 6. Auto-body work on the premises is prohibited. 7. Gasoline tanker trucks making deliveries to the premises shall not obstruct the public right-of-way or sidewalks. Board of Trustees January 13,2015 Page 5 On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg asked that the applicant consider updating the building. This is the downtown area for Rye Brook. 2) Considering a donation from Rye Brook Youth Soccer Club Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A DONATION FROM THE RYE BROOK YOUTH SOCCER CLUB WHEREAS, on December 18, 2014 the Village of Rye Brook received a request from the Rye Brook Youth Soccer Club Treasurer, on behalf of their Executive Board, to make a donation in the amount of $5,000 to the Friends of Rye Brook, Inc., to be set aside and used only to offset the costs related to maintaining and improving the King Street athletic turf field; and WHEREAS, the Village Board, as Directors of the Friends of Rye Brook, Inc. is interested in accepting this generous donation for this important purpose. NOW THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook, as Directors of the Friends of Rye Brook, Inc., hereby accepts the donation of$5,000 from the Rye Brook Youth Soccer Club; and be it further Board of Trustees January 13,2015 Page 6 RESOLVED, that this generous donation shall be set aside and used only to offset the costs related to maintaining and improving the King Street athletic turf field. Mr. Bradbury noted that this is a very generous donation. Funds are put aside every year for the replacement of the turf on the fields, which will happen eventually and which will be very expensive. This donation has been made and earmarked for that purpose. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 3) Considering an amendment to the License and Permit Fee Schedule for parking overnight at the Garibaldi Place municipal parking lot. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDMENT TO THE LICENSE AND PERMIT FEE SCHEDULE FOR PARKING OVERNIGHT AT THE GARIBALDI PLACE MUNICIPAL PARKING LOT WHEREAS, Village Code Chapter 240-20.1 allows up to ten (10) parking spaces to be made available to residents overnight in the village parking lot off Garibaldi Place from 10:30 P.M. to 7:30 A.M. from November 15 to March 15 when winter parking restrictions are in effect; and WHEREAS, Village Code Chapter 240-20.1 states that the fee for such overnight parking licenses at this location shall be established by resolution of the Village Board. NOW THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook, hereby modifies the License and Permit Fee Schedule as follows: Board of Trustees January 13,2015 Page 7 CODE SECTION SUBJECT 2014-15 FEE 240-20.1 Overnight Parking License $25.00/season at Garibaldi Place Pkg. Lot This is a phenomenal fee of$25.00 for the winter season. Parking in this area is in short supply. A number of years ago the Village made this offer but no one took advantage. Cars should not be parked on the street during the winter. Trustee Klein noted that the parking lot will need to be plowed, but this lot is not really used during a heavy snowfall as it used by patrons of the park and the Posillippo Center. In addition, the permits are for the night time hours, and the parking will be available on one side of the lot. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was read: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 4) Considering a renewal agreement with the Westchester County Employee Assistance Program (EAP). Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVAL OF AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE VILLAGE OF RYE BROOK Board of Trustees January 13,2015 Page 8 RESOLVED, that the Village of Rye Brook is authorized to enter into an Inter- Municipal Agreement with the County of Westchester Employee Assistance Program for administrative, managerial and referral services for the period of January 1, 2015 to December 31, 2019 at a rate of forty-five dollars ($45.00) per employee per year; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all necessary documents appropriate to accomplish the purposes of this resolution; and be it BE IT FURTHER RESOLVED, that the Village is herby authorized to release funds totaling three thousand two hundred and forty dollars ($3,240) to honor the Inter- Municipal Agreement for the 2015 calendar year. This is review and renewal is done on an annual basis. This agreement includes training for the employees as well. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 5) Considering entering into agreements for the 2015 Rye Brook Spring Carnival event. Mayor Rosenberg asked that this resolution be table until the next meeting, when Trustee Rednick is in attendance. With the consensus of the Board, this item will be placed on the agenda for the next meeting. 6) Considering the award of bids for surplus municipal equipment. Mr. Bradbury read the following resolution: Board of Trustees January 13,2015 Page 9 RESOLUTION CONSIDERING THE AWARD OF BIDS FOR SURPLUS MUNICIPAL EQUIPMENT WHEREAS, the Village of Rye Brook has solicited bids for surplus municipal equipment; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on December 12, 2014 and listings were posted online through MUNICIBID with an end date of Wednesday January 7, 2015 at 10:00 A.M.; and WHEREAS, at 10:00 a.m., Wednesday, January 7, 2015 the bid deadline was completed. NOW THEREFORE BE IT RESOLVED, the following surplus equipment is hereby awarded to the following highest bidders: EQUIPMENT BIDDER SUBMITTED BID Leaf Loader#3 Steve Slackman P.O. Box 692, Monsey NY $2,700 Leaf Loader#4 Steve Wiggin 76 Ashuelot Rd, Northfield MA $3,516 1989 Sullair Steve Wiggin Compressor 76 Ashuelot Rd, Northfield MA $4,300 1999 John Deere Tractor Alex Hamilton 1186 Twin Stacks Drive Warehouse Dallas PA $7,740 2000 Salsco Chipper Erik Warnick 8 Cedartree Ln, Toms River NJ $8,200 2001 Elgin Sweeper Brian Mcgourty 2 Garden Park, Braintree MA $13,800 Board of Trustees January 13,2015 Page 10 2001 Crown Vic (Black) Janice Greenawalt 30 Overbill Rd, Williamsport PA $1,000 2009 Crown Vic (White) Kimberley Keen 12 Two Penny Run, Pilesgrove NJ $3,433 2010 Crown Vic (White) Mark Wood House 12600 B Belcher Rd, Largo FL $4,101 2010 Crown Vic(White) Jack Boisvert 172 Hamburg Turnpike Bloomingdale NJ $4,101 TOTAL: $48,891 Mr. Bradbury reviewed the bids and equipment being offered. Thanks to the use of Muncibid and Mr. Nowak's hard work, many bids were received. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 7) Considering a transfer of funds and authorization for emergency repairs to the Rye Brook Fire Ladder. Mr. Bradbury read the following resolution: Board of Trustees January 13,2015 Page 11 RESOLUTION CONSIDERING A TRANSFER OF FUNDS AND AUTHORIZATION FOR EMERGENCY REPAIRS TO THE RYE BROOK FIRE LADDER WHEREAS, Rye Brook Fire Ladder 30 (a 1998 "Quint"), one of two primary fire truck response vehicles for the Village of Rye Brook, was taken to Stewart and Stevenson, an authorized Atlantic Detroit Diesel repair location in Lodi, NJ in December 2014 where it was determined that a major overhaul of the engine and possibly a transmission repair was needed and a quote was provided to the village; and WHEREAS, this emergency work is necessary for the safe operation and availability of Ladder 30; and NOW THEREFORE BE IT RESOLVED, that the Village Board hereby authorizes the necessary repairs of Ladder 30 on an emergency basis based on the quotes received by Stewart and Stevenson, an authorized Atlantic Detroit Diesel repair location in Lodi, NJ; and be it further RESOLVED, that the following budget modification be hereby approved for these authorized repairs: FROM TO AMOUNT 101.1990.424 101.3410.441 $29,000.00 (Contingency) (Fire Protection— Equipment Maintenance Repairs) This resolution approves a transfer from the contingency account. This vehicle is aging and will need to be replaced sometime in the future. The truck will be back in a few weeks. A lot of the engine overhaul work has been completed and this work was necessary. Mr. Bradbury noted that there is another truck that is currently being used. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Board of Trustees January 13,2015 Page 12 Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 8) Considering a transfer of funds for scanning services. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A TRANSFER OF FUNDS FOR SCANNING SERVICES RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.9010.428 101.1325.189 $ 10,000 (Employee Benefits - (Village Treasurer— State Retirement) Overtime/Vacation Pay) Mr. Bradbury reviewed the transfer in the amount of$10,000. The payroll records are being scanned. This type of information is sensitive and although a lot of the scanning is being done with an outside vendor, this work will be done in house. The treasurer's office is in charge of this portion of the project. These are not additional funds. Board of Trustees January 13,2015 Page 13 On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 9) Approving minutes for the Village Board meeting held on December 15, 2014. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: DECEMBER 15, 2014 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby certifies the approval of the minutes for the meetings held on December 15, 2014. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted as amended. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT Board of Trustees January 13,2015 Page 14 Mr. Bradbury noted that Village Hall will be closed on Monday, January 19th, in honor of Mart Luther King Day. Christmas Trees are still being picked up. They are brought to the compost site. Recently there were difficulties in building department which involved the need for a court order. These were statewide issues, which can now be resolved. Mayor Rosenberg pointed out that this emergency ruling was issued very quickly. The issue was resolved in 6 weeks. OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Mayor Rosenberg called for questions or comments from members of the public. Dick Hubert of Doral Greens addressed the Board. He noted that he had previously addressed safety conditions on Anderson Hill Road. He worked with Mr. Bradbury and the Village for the installation of the lighting system at Anderson Hill Road and King Street. One of the safety features is that the push of a button stops traffic in all directs so that a person can safely cross the street. It was a long, hard battle. Mr. Hubert noted that he has asked that the Board walk the length of the road so that they could see firsthand the dangers of this area. He appealed for cross walks so that residents using the buses could safely cross this road. He appealed for signage, which was recently installed. This is a new technology sign that warns you if you are speeding, however, he has been informed that this is not a permanent sign and it will be moved somewhere else in the Village. He asked that Mr. Bradbury review the budgets and provide the Police Department with the funds needed to purchase the signs needed though out the Village. Mayor Rosenberg noted that the speeding signs also come with enforcement. Board of Trustees January 13,2015 Page 15 Mr. Hubert noted that this is a heavily used roadway. Last Tuesday a women was hit and killed on King Street. This 51 year old immigrant from Peru got off the bee line bus and walked down the busy road on her way to work in Greenwich. There are no sidewalks for pedestrians. It was dark and she was hit by a speeding car. The Greenwich Police are looking at this as a pedestrian accident and everyone is saying that nothing could have been done to avoid this accident. However, after years of asking for sidewalks and lighting he felt that the Village could have done more. Mayor Rosenberg stopped Mr. Hubert because he found his comments to be offensive, disrespectful and inappropriate. Mr. Hubert noted that he understood that he was making the Board uncomfortable. Mayor Rosenberg stated that this was because the assumptions were inaccurate. Blaming the Village for the lack of sidewalks as a cause of this tragedy is unfair. This intersection is in Connecticut. Mr. Hubert responded that the Town of Greenwich was leaned on in order to install the safety lights at the Anderson Hill and King Street intersection. He asked that Rye Brook contact Connecticut and see what can be done. Trustee David Heiser noted that there was an accident. This women was killed on King Street and sidewalks on Anderson Hill Road would not have made a difference. Mr. Hubert reiterated that this is a dangerous road. Mayor Rosenberg noted stated that Rye Brook is not responsible for the accident. Mr. Hubert stated that the sidewalks would improve travel on these roadways for the patrons of the bee line bus service. He noted that he was very affected by this accident. He felt that Rye Brook has an obligation to make these roads as safe as possible. This is an issue of public safety. He asked that Mayor Rosenberg call the First Selectman of Greenwich to see how improvements can be made to improve safety in this area. Mr. Bradbury noted that the Village has always looked at the safety issues on these roads. The Highway Department goes over and cuts back the shrubs; clearing the line of sight. There are conversations with Greenwich and meetings are set up about ways to improve safety in this area. The water problem on the street also needs to be addressed. The lines of communication are open. Crosswalks have been reviewed and there are many issues that need to be considered. The goal is to make Anderson Hill Road a safer place. There are on-going projects, which include re-locating some of the bus stops. The concern of safety is paramount. Board of Trustees January 13,2015 Page 16 Mr. Hubert noted that many people who use this bus line do not live in our community. They cannot afford cars and use county transportation. He stated that he that would be very happy to work with the Village to increase the safety. The Westmore News attempted to get information from the Greenwich Police Department about the cause of this accident without any luck. Mr. Hubert felt that it behooves the Village to see what it can do. Mr. Hubert was thanked for his comments. Mayor Rosenberg noted that the next Board of Trustee Meetings were scheduled for January 27th and February 10th. There being no further business before the Board, the meeting was adjourned at 8:25 p.m. Board of Trustees January 13,2015 Page 17