HomeMy WebLinkAbout2017-01-10 - Board of Trustees Meeting Minutes MINUTES
Board of Trustees Meeting
Village Hall, 938 King Street
Tuesday,January 10,2017
BOARD PRESENT: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jason A. Klein
Trustee Jeffery B. Rednick
Mayor Paul S. Rosenberg
BOARD ABSENT:
STAFF PRESENT: Christopher J. Bradbury, Village Administrator
Greg Austin, Police Chief
Edward Beane, Esq.,Village Counsel
Michel Nowak, Superintendent of Public Works
Fred Seifert, Public Access Coordinator
Shari Melillo,Meeting Secretary
1 7:30 P.M. -REGULAR MEETING:
2 PLEDGE OF ALLEGIANCE:
3 REPORT/PRESENTATIONS:
4 PUBLIC HEARINGS:
a) Considering an application by SC Rye Brook Partners, LLC (Sun Homes) for
the subdivision of the property located at 1100 King Street.
On a motion made by Trustee Klein and seconded by Trustee Epstein, the
Public Hearing was opened and Mr. Bradbury called the roll:
Trustee Epstein Yes
Trustee Heiser Yes
Trustee Klein Yes
Trustee Rednick Yes
Page 1 of 14
Board of Trustees
January 10, 2017
Mayor Rosenberg Yes
Mr. William Null representing Sun Homes addressed the Board stating that this
is an approved development consisting of 110 homes, 10 of which are
affordable homes, as well as a club house which brings this to 111 lots. They
have been before the Planning Board and received a positive recommendation.
They did explore connecting the walking tail with Bellefair and or Doral
Greens and have reached out to and spoken to both. At Bellefair they spoke
with Chris Dunigan who advised him they were not interested. They are not
directly connected to Doral Greens there is a golf course in between them. They
did reach out to them and they believe there was a liability issue but he said he
would speak to his Board and get back to them. There is a 5 foot walking trail
on the plan that was approved and they are committed to building that. The
project is moving forward and applications have been submitted for permits to
build the model homes.
Mr. Bradbury added that they have received a couple of letters from the County
and the DEC with both having some issues that according to Mr. Null has been
addressed.
Mr. Bradbury also spoke about building standards and there being limitations in
that the homeowners cannot modify the exterior of the houses. There will be no
fences allowed either- there is vegetative screening that separates the units -
not only on the patios but delineating the property.
Mr. Null was asked about construction time table - they are looking to be done
in two to three years but it will of course be based on sales. They have
separated it into several different phases.
Trustee Klein wanted it noted for the record that he wanted the affordable
houses integrated throughout the development.
Mayor Rosenberg called for a motion to close the Public Hearing.
Page 2 of 14
Board of Trustees
January 10, 2017
For Against
Susan Epstein x
David Heiser (Moved By) x
Jason Klein x
Jeffrey Rednick(Seconded By) x
Paul Rosenberg x
5 0
5 RESOLUTIONS:
a) Resolution considering an application by SC Rye Brook Partners, LLC (Sun
Homes) for the subdivision of the property located at 1100 King Street.
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING A SUBDIVISION APPLICATION BY
SC RYEBROOK PARTNERS, LLC (SUN HOMES)
FOR PROPERTY LOCATED AT 1100 KING STREET
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Board of Trustees is in receipt of an application by SC
Rye Brook Partners,LLC, property owner, for preliminary and final
approval of a 111-lot subdivision (110 residential lots and 1 common lot) of
property located at 1100 King Street, designated as Parcel ID 129.25-1-1 on
the Town of Rye Tax Map and located in the PUD Zoning District to
facilitate the sale and financing of the previously approved Planned Unit
Development consisting of 110 attached single family dwellings; and
WHEREAS, the Board of Trustees is the Approval Authority for the
application pursuant to Village Code §250-7.E(4)(b)(2); and
WHEREAS, on July 28, 2015 the Board of Trustees adopted a Negative
Declaration pursuant to the New York State Environmental Quality Review
Act (SEQRA) for the Proposed Action which included certain text
amendments to the PUD zoning regulations in Chapter 250 of the Village
Page 3 of 14
Board of Trustees
January 10, 2017
Code, rezoning the Property from OB-1 to PUD, PUD Concept Plan and
PUD Site Plan approvals, and other required permits and approvals, but did
not specifically include a subdivision of the property; and
WHEREAS, on August 18, 2015 the Board of Trustees rezoned the
Property from OB-1 to PUD approved a PUD Concept Plan for the Sun
Homes development; and
WHEREAS, on February 23, 2016 the Board of Trustees granted
approval of a PUD Site Plan for the subject property for the construction of
110 dwelling units, 10 of which are Fair and Affordable Housing Units; and
WHEREAS, the Proposed Action which previously received a Negative
Declaration from the Board of Trustees did not include the present
subdivision and therefore, on November 8, 2016 the Board of Trustees
determined this proposed action to be an Unlisted Action pursuant to the
State Environmental Quality Review Act (SEQRA); and
WHEREAS, the Board of Trustees reviewed the following plans and
application materials in connection with the Application:
1. Short Environmental Assessment Form Part 1 and EAF Mapper
Summary Report
2. Application for Subdivision of Land dated September 21, 2016
3. Letter to the Mayor and Board of Trustees prepared by Cuddy and
Feder, LLP,White Plains, N.Y. dated October 11, 2016
4. Subdivision Map of"Kingfield," prepared by Link Land Surveyors,
P.C.,Mahopac, N.Y., dated April 28, 2016, revised October 11, 2016
5. Approved Site Plan, prepared by Divney Tung Schwalbe,LLP,White
Plains, N.Y., dated 9/17/15, revised 12/23/15; and
WHEREAS, on November 8, the Board of Trustees referred the
application to the Village of Rye Brook Planning Board for Report
and Recommendation; and
WHEREAS, the Planning Board of the Village of Rye Brook has
submitted a Report and Recommendation to the Board of Trustees
on December 8, 2016; and
WHEREAS, the Board of Trustees, pursuant to SEQRA, circulated
its Notice of Intent to confirm its continuing status as Lead Agency
on or about December 7, 2016; and
Page 4 of 14
Board of Trustees
January 10, 2017
WHEREAS, the application was referred to the Westchester County
Planning Board and a response from the County dated December 27,
2016 contained comments previously addressed by the Board of
Trustees in its February 23, 2016 resolution approving the PUD Site
Plan; and
WHEREAS, the application was referred to the Town/Village of
Harrison pursuant to New York State General Municipal Law and
the Westchester County Administrative Code; and
WHEREAS, on January 10, 2017, 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 10, 2017 and
WHEREAS, the Board of Trustees has reviewed memoranda from
Village Planning Consultant Frederick P. Clark Associates, Inc.; and
WHEREAS, the Village Planning Consultant, Village staff, and the
Planning Board reviewed the information and submitted comments
regarding the application; and
WHEREAS, the Board of Trustees is fully familiar with the subject
property and has reviewed and considered the Planning Board's report and
recommendation, all submittals by the Applicant, all memoranda issued by
Village staff and consultants, and all comments from the public and
governmental agencies.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees hereby declares itself to be Lead Agency pursuant to SEQRA and
determines that the Project will not result in any significant adverse
environmental impacts based upon the information stated in the EAF and
supplemental information and hereby adopts the annexed Negative
Declaration.
BE IT FURTHER RESOLVED that the Board of Trustees hereby finds
that the Final Plat will not be substantively changed from the Preliminary Plat and
determines that a public hearing on the Final Plat is not required.
Page 5of14
Board of Trustees
January 10, 2017
BE IT FURTHER RESOLVED, that the Board of Trustees hereby grants
preliminary and final subdivision approval for the application referenced herein
and the Mayor is authorized to sign such plat subject to the following conditions
and modifications which must be satisfied prior to the signing of the Final Plat by
the Mayor:
1. The Applicant shall prepare a Final Subdivision Plat in accordance
with Section 219-32 of the Village of Rye Brook Subdivision
Regulations, which shall include the Town of Rye tax lot
designations for the subject lots. Upon obtaining a satisfactory
review by the Village Engineer/Superintendent of Public Works, the
Final Subdivision Plat shall be submitted for review and signature to
the Westchester County Department of Health. The signature of the
Department of Health shall be required prior to the signing of the
Final Plat by the Mayor.
2. A note shall be added to the plat which permits no more than 11,000
square feet of additional impervious surface coverage to be added to
the common area, subject to approvals by the Village of Rye Brook,
beyond that permitted pursuant to the PUD Site Plan approved by
the Board of Trustees on February 23, 2016, or any amended version
thereof approved by the Village, without further review by the
Village and possible modification of the stormwater management
system. Also, consistent with the applicant's representations during
the Village's review of the subdivision application, the note added to
the subdivision plat shall also state that no expansions, additions,
decks, walkways, or other additional impervious surface coverage
shall be permitted on the 110 individual residential lots other than
what is shown on the PUD Site Plan approved by the Board of
Trustees on February 23, 2016 or any amended version thereof
approved by the Village.
3. The Applicant shall submit a statement signed by the Town of Rye
Receiver of Taxes that all taxes due by the Applicant have been paid.
4. The Final Plat shall be filed in the Westchester County Clerk's Office
in accordance with the provisions of New York State Village Law
and Chapter 219 of the Village of Rye Brook Code.
BE IT FURTHER RESOLVED, that the Final Plat shall not be
signed by the Mayor until the Applicant has paid to the Village all applicable
fees and professional review fees incurred in connection with review of this
Application.
Page 6of14
Board of Trustees
January 10, 2017
Trustee Rednick made a motion to add to the resolution that there can be no
public parking on privately owned properties. The motion was seconded by
Trustee Klein and Mr. Bradbury called the roll to approve the resolution as
amended:
For Against
Susan Epstein x
David Heiser x
Jason Klein (Seconded By) x
Jeffrey Rednick (Moved By) x
Paul Rosenberg x
5 0
b) Considering the renewal of a permit for AT&T Wireless Telecommunications
Facility at 1100 King Street.
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING A WIRELESS TELECOMMUNICATIONS SPECIAL
PERMIT RENEWAL OF AN EXISTING FACILITY AT 1100 KING
STREET
WHEREAS, on February 27, 2007 the Village of Rye Brook approved
a Site Plan and Special Permit to install an attached AT&T Wireless
Communications facility to the roof of Building 94, International Drive,
Reckson Office Park, 1100 King Street and located in the OB-1 Zoning District
and the King Street Scenic Roads Overlay District; and
WHEREAS, on November 22, 2011 an amended Site Plan and Special
Permit was approved to update the existing wireless telecommunications
facility through installation of the following: three (3)previously approved
antennas; one (1) GPS antenna; six (6)remote radio head units; three (3) DC2
boxes; new fiber and power cables; and additional equipment including a new
cabinet, as well as the legalization of an existing GPS antenna, and to extend
the Special Permit that was due to expire on November 22, 2016; and
WHEREAS, on November 15, 2016 an application was received from
AT&T Wireless Communications for the extension of the Special Permit for an
Page 7 of 14
Board of Trustees
January 10, 2017
additional five (5) year term; and
WHEREAS,the applicant also intends to replace three (3) existing
panels, one per sector, at the same locations and centerline heights, and add
three (3)new 1900 MHz RRH Remote Radio Head(RRH)units, one per sector,
which would not substantially change the physical dimensions of the existing
site or present an incremental increase in potential visual impacts as compared
with current conditions; and
WHEREAS, the Board of Trustees is the approval authority for this
Special Permit application in accordance with Sections 209-I.A(1) and 250-
6(H)(1)(c); and
WHEREAS, the applicant has requested a waiver of the following
requirements of the Village Code: Section 250-39.1)(9) - A special permit
issued under this section may be renewed on application for additional five-year
terms without a public hearing, provided that the applicant shall demonstrate
compliance with the requirements of this section by its wireless
telecommunications facility or attached wireless telecommunications facility,
and shall pay the application fee for such renewal. The current License and Fee
Schedule is on file in the Village Clerk's office. A renewal application shall be
accompanied by a report from a qualified engineer demonstrating the structural
integrity of the wireless or attached wireless telecommunications facility. Such
report shall be accompanied by sufficient underlying data so that the analysis
may be reviewed by a person expert in the field. Such report may be referred
for professional review under Rye Brook Code Chapter 47 at the applicant's
expense.
The applicant is requesting that the special permit be renewed indefinitely or
in the alternative for a new five (5)year term in accordance with Section 250-
39(D)(9); and
WHEREAS,this application was referred to Michael Musso of
HDR/LMS for review and recommendation as allowed by Village Code Section
250-39(D)(9)and any approval of the special permit renewal will be
conditioned upon the recommendation from HDR/LMS; and
WHEREAS, the Board of Trustees determines that the proposed action is
a Type II action pursuant to 6 NYCRR Part 617 of the State Environmental
Quality Review Act with respect to the approval of said Special Permit
renewal; and
WHEREAS, because the proposed action is a Type II action, no further
SEQRA review is required; and
Page 8of14
Board of Trustees
January 10, 2017
WHEREAS, a public hearing is not required for a renewal application for
a Special Permit pursuant to Section 250-39(D)(9) of the Village Code.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye
Brook Board of Trustees hereby denies the applicant's request made under
Village Code Section 250-39(G) for a waiver of the Special Permit for an
indefinite period of time; and be it
FURTHER RESOLVED, that the Village of Rye Brook Board of
Trustees hereby approves the Special Permit renewal for the AT&T Wireless
Telecommunications Facility on the roof of Building #4, International Drive,
Reckson Office Park, 1100 King Street subject to the following conditions:
1. The Special Permit shall be valid for a term of five (5) years from the
date of this Resolution.
2. The Special Permit renewal shall be subject to any conditions placed on
this site based on the pending review and recommendations of
HDR/LMS, including at a minimum the following:
a. Color matching and painting of the proposed panel antennas,
antenna mounts/supports, and visible portions of ancillary
equipment (e.g., RRHs, cables) shall conform to the colors of the
existing panel antennas at the site and the building roof
elements.
b. FCC signage should be routinely inspected and maintained
around the roof-based equipment and at rooftop access ways by
AT&T.
a. Any building roof maintenance or inspection activities by
persons not trained in RF exposures should be coordinated
appropriately between the owner/operator of the building and the
wireless carriers to eliminate the potential for RF exposures at
levels above the general public MPE.
a. Operations should be maintained in accordance with the
Village's Wireless Ordinance and all other relevant Village
codes. Any proposed increase in AT&T's number of antennas,
antenna sizes, or number/sizes of ground-based equipment
cabinets shall be approved by the Village prior to any
modifications.
Page 9of14
Board of Trustees
January 10, 2017
1. The applicant shall comply with Section 250-39(D)(7) of the Village
Code regarding the submission of annual reports.
2. All conditions set forth in the November 22, 2011 Resolution of the
Board of Trustees approving an Amended Site Plan and Special Permit
Extension shall remain in full force and effect.
1. No permits shall be issued until the Applicant has paid to the Village all
applicable fees and professional review fees incurred in connection with
review of this Application.
For Against
Susan Epstein (Moved By) x
David Heiser x
Jason Klein (Seconded By) x
Jeffrey Rednick x
Paul Rosenberg x
5 0
C) Considering a proposed local law regarding parkland reservation for site plan
and subdivision applications.
The Public Hearing was adjourned to January 24, 2017
For Against
Susan Epstein (Moved By) x
David Heiser x
Jason Klein x
Jeffrey Rednick (Seconded By) x
Paul Rosenberg x
5 0
d) Considering the renewal of an inter-municipal agreement with the County of
Westchester for Cablevision Lightpath telephone and internet services.
Page 10 of 14
Board of Trustees
January 10, 2017
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING THE RENEWAL OF AN INTER-MUNICIPAL
AGREEMENT WITH THE COUNTY OF WESTCHESTER FOR
CABLEVISION LIGHTPATH TELEPHONE AND INTERNET
SERVICES
WHEREAS, on March 2, 2000, the County of Westchester first entered
into an Agreement with Cablevision Light Path, Inc. ("Cablevision") for the
provision of full voice, video and data transmission services along a high-speed
telecommunications network and under said Agreement, Cablevision will
permit other municipalities in Westchester County to avail themselves of these
services under the same terms and conditions; and
WHEREAS, on July 14, 2015 the Village of Rye Brook approved a
modified agreement for the upgrading of outdated hardware and software; and
WHEREAS, the Village has received voice, video and data
transmission services from Cablevision pursuant to the terms of the Cablevision
Agreement with the County and the Village pays Cablevision directly for any
services it may receive; and
WHEREAS, it is in the interest of the Village to renew this agreement
for a period of January 1, 2017 to December 31, 2021 and be provided with the
same terms and conditions of the previous agreement.
NOW THEREFORE, BE IT RESOLVED, that the Village of Rye
Brook Board of Trustees hereby authorizes the extension of the Inter-municipal
Agreement with the County of Westchester for access to telecommunications
services; and
IT IS FURTHER RESOLVED, that the Mayor and Village
Administrator are authorized to execute and deliver all necessary documents to
accomplish the purpose of this Resolution.
For Against
Susan Epstein (Moved By) x
David Heiser x
Jason Klein (Seconded By) x
Jeffrey Rednick x
Page 11 of 14
Board of Trustees
January 10, 2017
Paul Rosenberg x
5 0
e) Considering a transfer of funds for a street light project.
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING A TRANSFER OF FUNDS FOR A STREET LIGHT
PROJECT
WHEREAS, the Village Board decided to consider the implementation of
an LED Streetlight Program in the Spring of 2016; and
WHEREAS, an agreement with Graybar Electric Company Inc. was
approved by the Village Board on July 26, 2016 for the removal of existing
streetlight bulbs and installation of LED bulbs for $232,502.84, not exceeding
the $250,000.00 limit;
WHEREAS, additional fixtures and fuses are needed to close out this
project at an estimated additional cost of$11,500.00
NOW THEREFORE BE IT RESOLVED, that the following proposed
budget transfers are hereby approved for the implementation of this project:
FROM:
Contingency Account $11,500.00
(101-1990-424)
TO:
Capital Projects Account- $11,500.00
LED Streetlights Project
(901-5182-402)
Page 12 of 14
Board of Trustees
January 10, 2017
Mr. Bradbury explained that there were some additional heads and fuses needed
to finish the job.
For Against
Susan Epstein (Moved By) x
David Heiser (Seconded By) x
Jason Klein x
Jeffrey Rednick x
Paul Rosenberg x
5 0
f) Considering the approval of minutes for the meetings held on October 25, 2016,
November 8, 2016,November 22, 2016 and December 13, 2016.
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING THE APPROVAL OF THE MINUTES FOR THE
MEETINGS HELD ON OCTOBER 25,2016,NOVEMBER 8, 2016,
NOVEMBER 22,2016 AND DECEMBER 13, 2016.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees approves the minutes for the meetings held on October 25,
2016,November 8, 2016,November 22, 2016 and December 13, 2016.
For Against
Susan Epstein x
David Heiser (Seconded By) x
Jason Klein (Moved By) x
Jeffrey Rednick x
Paul Rosenberg x
5 0
6 ADMINISTRATOR'S REPORT:
The new sanitation calendars are now on line and a new hotline number for people to
use as well. The hotline will give the residents an update on most public works items
but they can always reach a person as well.
Christmas trees are being collected until January 15th
The Village still has Carbon Monoxide detectors available for any Rye Brook or Port
Chester residents.
Page 13 of 14
Board of Trustees
January 10, 2017
Village hall will be closed on Monday, February 16th in observance of Martin Luther
King Day
New business in Win Ridge - the restaurant is called Dig In and is opening on
Thursday, January 12th. It is a farm to table restaurant with various vegetable products.
Balducci's will open as well in Win Ridge on January 27th.
7 OLD BUSINESS:
8 NEW BUSINESS:
9 DISCUSSION ITEM:
10 UNFINISHED BUSINESS
11 ADJOURNMENT
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF
THE TRUSTEES PRESENT AT THE MEETING
THE NEXT REGULAR TRUSTEES MEETING
January 24, 2017 and February 14, 2017
Page 14 of 14