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HomeMy WebLinkAbout1998-03-10 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 10, 1998 -- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. LOCAL LAW INTRO. # 2- 1998, AS AMENDED, REGARDING ENACTING BULK STANDARD ZONING CODE AMENDMENTS TO THE RYE BROOK VILLAGE CODE. 2. LOCAL LAW INTRO. #3 - 1998 TO AMEND THE RYE BROOK VILLAGE CODE REGARDING BUILDING HEIGHT. RESOLUTIONS• 3. POSITIVE DECLARATION RE: SUMMERFIELD SUITES HOTELS SITE PLAN AND WETLANDS APPLICATION RE-APPROVAL TO INCLUDE TECHNICAL REVISIONS. 4. CALLING FOR A PUBLIC HEARING ON MARCH 24, 1998, ON THE TRAYNER GROUP APPLICATION TO OPERATE A RISK MANAGEMENT BUSINESS AT 66 BOWMAN AVENUE. 5. CHECK REGISTERS. DISCUSSION: 6. FINGERPRINT FEES. 7. WESTCHESTER COUNTY WATERSHED ADVISORY COMMITTEE 3 (WAC 3) RECOMMENDATIONS FOR RYE BROOK AND REQUEST FOR RESOLUTION. WRITTEN COMMUNICATIONS: 8. PAUL SIRIGNANO, c/o ALBERT J. PIRRO, JR., P.C. ON BEHALF OF BROOKS FIBER COMMUNICATIONS, INC. W/REQUEST FOR FRANCHISE TO .RUN FIBER OPTIC TELECOMMUNICATIONS CABLE THROUGH RYE BROOK. 9. ANTHONY SUTTON, EMS ADMINISTRATOR OF PC /RYE/RB VOLUNTEER AMBULANCE CORPS W /REQUEST TO RENEW AGREEMENT FOR ANOTHER 5 YRS. 10. CONVENE AS BD. OF ASSESSMENT REV. RE:GRIEVANCES. NEXT MEETING DATES: BOARD OF TRUSTEES MEETING MARCH 24, 1998 BOARD OF TRUSTEES MEETING APRIL 14, 1998 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK MARCH 10, 1998 7:30 p.m. CONVENE MEETING The Meeting was called to order at 7:35 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Village Engineer Victor G. Carosi Fire Chief Martin Drexelius Police Chief Robert J. Santoro Assistant to the Administrator Richard C. Slingerland Planning Consultant Christian K. Miller, AICP PUBLIC HEARINGS: 1. LOCAL LAW INTRO #2 - 1998 AS AMENDED, REGARDING ENACTING BULK STANDARD ZONING CODE AMENDMENTS TO THE RYE BROOK VILLAGE CODE The Mayor opened the public hearing and asked Christian Miller, the Village's Planning Consultant, to make a brief presentation on the proposed local law. Mr. Miller made a brief presentation regarding the law and noted that the Board had discussed the law and made revisions during public hearings at previous Board meetings. He noted a typographical error in Section 10 and stated that the section should define the frontage as 60 feet and not 55 feet. Mr. Miller stated the intent of the proposed law is to modify the Zoning and Subdivision Regulations to allow for the creation of uniformly shaped lots, as well as some improvements and the addition of some definitions in the Zoning Code for the purposes of clarification. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the Board unanimously agreed to close the public hearing, and the Mayor asked the Village Attorney to prepare an approval resolution for the board to consider at their next meeting on March 24'h. (Note: The full text of the final version of the Local Law is included in the minutes of the March 24, 1998 Board Meeting.) 2. LOCAL LAW INTRO. # 3 - 1998 TO AMEND THE RYE BROOK VILLAGE CODE REGARDING BUILDING HEIGHT. March 10, 1998 00 6 The Mayor opened the public hearing on the proposed Local Law to amend the Village Code with regard to Building Height and asked Mr. Miller to make a brief presentation. Mr. Miller stated that the proposed amendments to the Code would allow all building heights to be measured the same, which he defined as the mean distance between the peak of the roof and the midpoint between the eaves. He noted that the proposed law could allow for roofs that could be termed more relatively steep, but the law would prevent roofs from being more steep than desired. It would also eliminate the definition measuring any building within ten feet of a curb, since few if any buildings in the Village were within ten feet of a curb. Mr. Miller completed his discussion and noted that an Environmental Assessment Form(EAF) had been prepared and the law had also been reviewed and deemed acceptable by the Building Inspector. Mayor Cresenzi opened the floor to comment. Mrs. Mary Ellen Sullivan of 269 Betsy Brown Road spoke on the proposed law, and expressed her concern about transitions between zones allowing for too immediate a change in height between adjacent buildings. She was also concerned about homeowners raising their homes and building additions on ranch homes that would raise the building heights to an unacceptable level. Mr. Miller explained that the proposed law change would not allow for a change in the maximum building height, and pointed out that a savvy builder could take advantage of the law either in its current form or under the proposed amendments. He noted that ultimately there should be no impact on the Village as a whole. Mayor Cresenzi asked if the Village Engineer had any comments on the law and Mr. Carosi responded that they had worked on it, reviewed it in its final form and had no problems with it. There being no further comment, the Mayor asked for a motion to close the public hearing. On the motion of Trustee Pellino, seconded by Trustee Tunis, the board unanimously agreed to close the public hearing and the Mayor asked the Village Attorney to prepare an approval resolution for the board to consider at their next meeting on March 24'. (Note: The full text of the final version of the Local Law is included in the minutes of the March 24, 1998 Board Meeting.) RESOLUTIONS: 3. POSITIVE DECLARATION RE: SUMMERFIELD SUITES HOTELS SITE PLAN AND WETLANDS APPL. RE: APPROVAL TO INCLUDE TECHNICAL REVISIONS. Mr. Russo read the resolution, and Mr. Miller explained that the Board had to adopt the resolution in order to make corrections in the initial Positive SEQRA Declaration, and suggested some changes to the resolution. Trustee Strum asked if Mr. Miller actually meant the EAF and Mr. Miller responded that some information had been omitted from the original Positive Declaration. There being no further comment, the Mayor asked for a motion on the resolution. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: -2- March 10, 1998 006664 RESOLUTION READOPTION OF POSITIVE SEQRA DECLARATION SUMMERFIELD SUITES HOTELS SITE PLAN AND WETLANDS PERMIT APPLICATION AND ZONING TEXT AMENDMENTS . TO INCLUDE TECHNICAL REVISIONS WHEREAS, the Village of Rye Brook Board of Trustees, acting as Lead Agency, has been reviewing the application by Summerfield Suites Hotels for a site plan, wetlands permit and zoning text amendment for the property located at the southwest corner of the property at the corner of Anderson Hill Road and King Street; and WHEREAS,the Board of Trustees previously adopted a Positive Declaration on February 24, 1998, but subsequently determined that the declaration should be readopted in order to correct technical errors and omissions to the Positive Declaration. NOW, THEREFORE, BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby adopts the accompanying positive declaration under SEQRA, which the Village Administrator/Clerk shall circulate and cause to be published as required by law; and be it FURTHER RESOLVED,that the Rye Brook Board of Trustees hereby directs the Applicant to prepare a Draft Scope of the Draft Environmental Impact Statement (DEIS) for circulation by the Lead Agency to all involved and interested agencies. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4. CALLING FOR A PUBLIC HEARING ON MARCH 24, 1998, ON THE TRAYNER GROUP APPLICATION TO OPERATE A RISK MANAGEMENT BUSINESS AT 66 BOWMAN AVENUE. Mr. Russo read the resolution and there was no discussion. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE TRAYNER GROUP APPLICATION TO OPERATE A RISK MANAGEMENT BUSINESS AT 66 BOWMAN AVENUE RESOLVED, that the Rye Brook Board of Trustees will conduct a public hearing on March 24, -3- March 10, 1998 006 G 6 5 1998, at 7:30 p.m. in Village Hall, 938 King Street, Rye Brook, New York, on the application by Trayner Group to operate a Risk Management Business at 66 Bowman Avenue, Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. CHECK REGISTERS. Mr. Russo read the resolution and there was no discussion. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: On-Line Checks 18133 - 18215 Payroll 25185 - 25369 Environmental 140 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees after audit hereby approves payment of the above- mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION: 6. FINGERPRINT FEES. The Mayor asked Chief Santoro discuss his proposal to increase the fees for providing non-residents with official sets of fingerprints. Chief Santoro noted that Immigration and Naturalization requires fingerprints and as a result of recent changes in the law there had been a multitude of people seeking to get their fingerprints and came to Rye Brook because it was cheaper than other municipalities. Mr. Russo asked the Chief how long it takes to process people for fingerprinting, and he replied, "About 20 minutes." Trustee Zuckerman asked what other municipalities charge and whether there are guidelines for what we -4- 0.506666 March 10, 1998 can charge. Chief Santoro responded that the Detectives had looked into the matter and found that a $20 charge is about standard. Trustee Strum asked if a $20 fee will discourage people from coming here or whether it will just increase our revenues. Chief Santoro responded that it would probably increase revenues more than it would discourage people from coming to Rye Brook to get fingerprinted. It was ultimately the consensus of the Board to increase the fingerprinting fee to $20 for non-residents and the Mayor asked the Village Attorney to prepare a resolution for the Board to consider at their next meeting on March 24 . 7. WESTCHESTER COUNTY WATERSHED ADVISORY COMMITTEE 3 (WAC 3) RECOMMENDATIONS FOR RYE BROOK AND REOUEST FOR A RESOLUTION. The Board asked for an explanation of the activities of the Watershed Advisory Committee 3 (WAC 3) and Assistant to the Village Administrator Richard Slingerland gave a brief explanation. He explained that the committee was comprised mainly of communities in the Blind Brook Watershed and included representatives from the Town/Village of Harrison, the Village of Mamaroneck, the Village of Port ,Chester and the City of Rye. Mr. Slingerland noted that the Committee had been assigned to review the watershed and pinpoint areas in which improvements could be made to non-point source pollution. He explained that non-point source pollution included runoff from lawns and golf-courses that included fertilizer, poor catch-basin maintenance, and feces in the parks along the brook from geese and pets. Mr. Slingerland noted that approximately$300,000 in Federal money had been committed with backing from Congresswoman Nita Lowey for the reduction of non-point source pollution. A portion of the money had been committed for a bank reclamation and improvement project at Rich Manor Park to stabilize the banks of the brook at the park and plant some flowering grasses and shrubs to improve the aesthetics of the park and help remove some of the nutrients from the stream-flow and eventually the Long Island Sound. Trustee Strum noted that the report included recommendations for amendments to the Village's Site Plan and Zoning regulations and suggested that the Board seek input from the Planning Board. Village Administrator Christopher Russo noted that the report had been submitted simultaneously to the Advisory Council on Environmental Conservation, and noted that their review was still in process. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the Board unanimously agreed to refer the WAC 3 Report to the Planning Board for a report and recommendation. WRITTEN COMMUNICATIONS: 8. PAUL SIRIGNANO, c/o ALBERT J. PIRRO,JR., P.C. ON BEHALF OF BROOKS FIBER COMMUNICATIONS, INC. W/REOUEST FOR FRANCHISE TO RUN FIBER OPTIC TELECOMMUNICATIONS CABLE THROUGH RYE BROOK. Mr. Russo explained the Brooks Fiber company's request to run fiber optic communication cable through the Village of Rye Brook. Trustee Pellino noted that previously there had been a proposal from a company called Northeast Network to run fiber optic cables through the Village and that they bad hit snags in their attempts to string the cables through the Village on the existing poles. Mr. Pellino noted that the previous proposal had been focused primarily on commercial clientele. He recommended that Mr. Sirignano make a presentation to the Board and explain the differences between Brooks Fiber's -5- March 10, 1998 f' f proposal and the previous proposal from Northeast Network, 9. ANTHONY SUTTON EMS ADMINISTRATOR OF PC/RYE/RB VOLUNTEER AMB. CORPS W /REQUEST TO RENEW AGREEMENT FOR ANOTHER 5 YRS. The Board noted that Mr. Sutton had stated in his letter that the Ambulance Corps had served the Village for 30 years and they noted that it was a milestone of accomplishment for the corps. Mr. Sutton explained the request for a renewal of the agreement between the Village and the Ambulance Corps for another 5 years and noted that the existing agreement required that the negotiations take place before June 30, 1998. Trustee Zuckerman asked Mr. Sutton if the Ambulance Corps was simply requesting a renewal of the current agreement. Mr. Sutton responded that the agreement would mainly be unchanged, except for an amendment to provide for 911 dispatch by the Police. The Board stated that it would not be a problem and would plan to consider the extension within the deadline set forth under agreement. 10. CONVENE AS BD. OF ASSESSMENT REVIEW RE:GRIEVANCES. The Board discussed the issue of convening as the Board of Assessment Review (BAR)to consider property owners' grievances under the New York State Real Property Tax Law and agreed to convene on March 24, 1998, at 6 p.m. to make determinations on the grievances. Mr. Russo noted that the Board would have to review the documentation submitted to support the grievances and then deliberate in session. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the Board unanimously agreed to convene on March 24, 1998 at 6 p.m. ADDENDUM. APPOINTING DOMENICK ACCURSO TO THE ARCHITECTURAL REVIEW BOARD. The Board introduced an addendum to appoint Mr. Accurso to the Architectural Review Board. After minimal commentary, on the motion of Trustee Tunis, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION APPOINTING MR. DOMENICK ACCURSO TO THE ARCHITECTURAL REVIEW BOARD RESOLVED,that Mr. Domenick Accurso of 10 Whippoorwill Road, Rye Brook, New York, is hereby appointed to the Village of Rye Brook Architectural Review Board to fill the vacancy created upon the resignation of Mr. Walter Niles, for a term that will expire in April, 1999. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Moving on, Mayor Cresenzi noted the press conference held prior to the Village Board Meeting on Fire. -6- 006 668 March 10, 1998 He reaffirmed that Rural/Metro would not be able to remedy their defaults under the contract, specifically with regard to manpower, and noted that the Village expected to establish a six (6)month transition period with ongoing plans to buy equipment and hire men to staff a municipal fire department. He noted that ongoing discussions would take place and noted that it was an encouraging sign that Anthony Pagano representing the New York State Professional Fire Fighters had made a commitment that other departments with union firefighters would provide mutual aid to Rye Brook. Mayor Cresenzi noted that it was important that Rye Brook maintain control of its own emergency services. Completing his statement, Mayor Cresenzi opened the floor to comment. Mr. Kenneth Heller of 22 Lincoln Avenue spoke briefly on the, "relationship between the two communities" and said that people should understand history and stop railing against our neighbors. There being no further comment, the Board unanimously agreed to adjourn the meeting at 8:25 p.m. Respectfully submitted, Christopher I Russo Village Administrator/Clerk -7-