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HomeMy WebLinkAbout1999-06-15 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING TUESDAY, JUNE 15, 1999 7:30 P.M. ETHICS CODE--WORK SESSION @ 6 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HE, 1. HEARING ON THE SITE PLAN AMENDMENT APPLICATION BY THE BLIND BROOK CLUB. 2. HEARING ON THE SITE PLAN AND SPECIAL PERMIT APPLICATION BY KING ST. NURSING HOME. RESOLUTIONS: 3. CONSIDERING ENACTING CERTAIN PARKING PROVISIONS ON WESTVIEW AVENUE. 4. CONSIDERING A DECLARATION OF LEAD AGENCY AND POSITIVE ENVIRONMENTAL DECLARATION ON GARDEN INN. 5. CONSIDERING THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY SPECIAL PERMIT APPLICATION. 6. CALLING FOR A PUBLIC HEARING ON A LOCAL LAW TO INCREASE THE LEVELS FOR SENIOR CITIZEN PROPERTY TAX EXEMPTIONS. WRITTEN COMMUNICATIONS: 7. NATHANIEL D. KRAMER: REQUESTING THE VILLAGE TO POST TRAFFIC INFORMATION REGARDING TRAFFIC IMPACTS AND DETOURS FOR THE CONSTRUCTION ON THE HUTCHINSON RIVER PARKWAY. 8. REBECCA C. SWAN, RIDES CHAIR, COUNTRY CYCLE CLUB: REQUESTING THE VILLAGE'S SUPPORT AND APPLICATION FOR TRANSPORTATION ENHANCEMENT FUNDING FOR IMPROVING LINCOLN AVENUE BY BELLEFAH2. NEXT TRUSTEES MEETINGS JUNE 22, 1999 —AND— JULY 13, 1999 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY, JUNE 15, 1999 AT 7:30 P.M. CONVENE MEETING- Mayor Filipowski called the Meeting to order at 7:30 p.m. in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Assistant to the Administrator, Richard C. Slingerland Police Chief Robert Santoro Diane DiSanto, Village Treasurer Planning Consultant Christian K. Miller,F. P. Clark Associates Paula Patafro, Meeting Secretary Mayor Filipowski called for the first item on the agenda. PUBLIC HEARING: 1. HEARING ON THE SITE PLAN AMENDMENT APPLICATION BY THE BLIND BROOK CLUB. Milton Berner,Esq., Attorney for the Blind Brook Club, addressed the Board. Also in attendance was Mr. John C. Bladt, C.C.M.., General Manager of the Club. Mr. Berner presented the affidavits of mailing the hearing notices to the neighbors of the club. Mr. Berner noted that this application began on February 19, 1999 and was perceived to be routine. It had been before the Planning Board for their review and recommendation, and forwarded to the Board of Trustees. The purpose of the application was for approval of site plan and wetlands permits to reconfigure the existing practice driving range. The work would be done on the Club's property, and there would be no lighting or renovation of buildings. He offered to answer any questions from the Board. Mayor Filipowski asked Mr. Berner if he had received the memo dated June 2, 1999 from the offices of Frederick P. Clark Associates. Mr. Berner stated he had received and reviewed the memo. Mr. Christian Miller, the Village's Planning Consultant, stated that he had not seen a revised plan indicating the changes, which were carry-overs from the initial recommendations. He asked the applicant if they had a revised plan. Mr. John Bladt stated that the issues had been addressed and answered, and that a revised plan was presented for discussion. Trustee Brackman asked for a recap of Mr. Miller's requests. Mr. Miller noted that he had requested a June 15, 1999 plan to deal with the wetland areas and avoid environmental impacts. This project had been modified with the grading so that it did not encroach on the wetland area. The goal was to allow the borders of a currently open field area to return to a natural state. A physical demarcation was requested—such as a wall or something low scale which would provide a physical demarcation so that a disturbance would not be continued within the wetland buffer area. The demarcation would extend down the common property line, but it was not shown on the plans. This physical demarcation could be simple. The area in question is actively mowed by the applicant even though it belongs to the adjacent property owner. Mr. Berner stated that the applicant had agreed to the Club's mowing. Mr. Berner noted that the Blind Brook Club had agreed to all of the proposals made from the Planning Board, the Village's Planning consultant and the Board of Trustees. Mr. Miller marked the plans with an arrow, to denote a second condition requiring a practice to stop mowing. The last condition, not reflected on the latest revised plan, is a line corresponding with the water easement. These modifications would ultimately improve the existing conditions. Mr. Miller noted that the plan should be revised before any permits are issued. Mr. Powell agreed. Administrator Russo asked if the applicant could provide a revised site plan by the following Friday, for the meeting scheduled June=x, and they agreed. On the motion of Trustee Degling, seconded by Trustee Herman, the Board of Trustees voted unanimously to close the public hearing. 2. HEARING ON THE SITE PLAN AND SPECIAL PERMIT APPLICATION BY THE KING STREET NURSING HOME. Mr. Ronald C. Grantham, AIA, architect for the project addressed the Board. He explained the Home's request to enclose an atrium and existing open courtyard with a glass roof to expand a dining area for patients, and that the plan would not result in additional population or staff. Trustee Herman asked about the height of the new construction. Mr. Grantham commented that the proposed roof was 22 feet above the existing roof, but it would be lowered because of structural problems relating to snow load and wind break. Mr. Miller asked how the roof would be modified. Mr. Grantham replied there would be a change in pitch. Trustee Zuckerman asked what the standards were for granting special use permits. Mr. Powell stated they are governed by the Zoning Code, which required that an application should not be detrimental to the predominately residential activities and character of the neighborhood. He noted that the Code also required off-street parking. Trustee Zuckerman noted that once an applicant had presented evidence showing that they conform with the standards of the Zoning Code, a permit is ordinarily granted unless other evidence is put forth indicating that there is a deficiency of the application under certain standards. He noted that questions were raised at the Planning Board and at the last Blind Brook School Board session with regard to the fact that the King Street Nursing Home had applied for and received reductions in assessed value of over half. Currently the property is assessed at $185,000 for about ten acres and the assessment is about $18,500 per acre—which is equivalent to a single family home assessment rather than a commercial assessment. The assessment reductions resulted in tax losses to the school district amounting to approximately $130,000 to $140,000 and to about $40,000 for the Village. He asked why the Board should consider applications for an applicant who over the years has constantly sought reductions in assessed value. This applicant should have to bear some consequences for the burdens they placed on other tax payers by having their commercial property taxes reduced. He felt that after the project was 2 June 15, 1999 built, the applicant would challenge the assessment. Therefore, he opposed the application. Trustee Brackman asked if the 1,400 sq. ft. of the dining area included the upper level. Mr. Grantham stated the use would stay the same, with the upper level remaining an atrium. Mayor Filipowski opened the floor to comments from the public. There were none, and the hearing was closed. On the motion of Trustee Degling, and seconded by Trustee Brackman, the public hearing was closed. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye RESOLUTIONS: 3. CONSIDERING ENACTING CERTAIN PARKING PROVISIONS ON WESTVIEW AVENUE. Trustee Degling requested a clarification of the `No Parking' area. He asked whether it was sufficient to serve the intended purpose of allowing the residents of 22 Westview Avenue to load handicapped passengers into vehicles. Administrator Russo noted that the no parking area would be 20' (south of the driveway which intersects the sidewalk). Trustee Herman noted that the width of the driveway should also be considered. Mr. Russo stated that the purpose of this parking provision was to allow the residents of 22 Westview access to a handicapped vehicle. The wheel chairs come from the home, down the sidewalk and are loaded into a vehicle with handicapped accessibility. Mr. Slingerland noted that the Board could extend the space, but keeping the walkway clear would allow access from the home and to the driveway. The Board was satisfied with the plan, and proceeded to a vote on the resolution. On the motion of Trustee Herman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION PURSUANT TO§240 OF THE VEHICLE & TRAFFIC CHAPTER ENACTING CERTAIN PARKING PROVISIONS ON THE WEST SIDE OF WESTVIEW AVENUE IN FRONT OF 22 WESTVIEW AVENUE RESOLVED, that pursuant to §240-18, the Rye Brook Board of Trustees hereby designates "No Parking Here to Driveway"in front of 22 Westview Avenue, beginning at a point approximately twenty (20) feet south of the private driveway for 22 Westview Avenue and running north to the edge of the private driveway at 22 Westview Avenue; and it is FURTHER RESOLVED,that §240-19 (A) entitled, "Parking Prohibited at all Times"regarding Westview Avenue is hereby amended to read as follows: 3 June 15, 1999 Name of Street Side Location Westview Avenue West From a point approximately 20 feet south of, then running north to the private driveway at 22 Westview Avenue. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CONSIDERING A DECLARATION OF LEAD AGENCY AND POSITIVE ENVIRONMENTAL DECLARATION ON THE APPLICATION BY KF RYE BROOK/GARDEN INN. Mr. Russo read the Resolution which would adopt a positive declaration with respect to the proposed action. It stated that the Board of Trustees as Lead Agency determined that a scoping shall be required, for the Draft Environmental Impact Statement(DEIS). A public scoping session would be held on Wednesday, June 30, 1999 at 8:30 p.m. here at Village Hall, Mr. Miller stated that in addition to the scoping session the resolution should reflect an end to the comments on the Scope. This should be a further resolved clause, noting that the comment period should end on a certain date. The public scoping session would allow the public to participate and comment. A written comment period usually extends past then. Mr. Miller recommended that the comment period should end on July 6, 1999, allowing three weeks for comment, and the Board agreed with his recommendation. Steven M. Silverberg, Esq., attorney for the Doral Greens Homeowners Association, addressed the Board. He stated that on April 6, 1999 he submitted a letter to the Board of Trustees raising issues with regard to the adequacy of the application relative to zoning and other issues. He stated that these issues had not yet been addressed by the Board. He felt that if the Board accepted the DEIS without addressing these issues it would have accepted the position of the applicant. Mr. Silverberg requested that prior to acceptance of the DEIS, the Board consider the points raised in his letter and change the scope of the DEIS. Mr. Powell suggested that the Board ask the applicant's attorney (Mr. Bruno Gioffre) to initially respond to those comments. At that point he would offer legal advice on these issues. A hearing was set for June 30, 1999. Bruno Gioffre,Esq., representative for the applicant, agreed to respond to these issues prior to the hearing. He also agreed to send the information to Mr. Silverberg. On the motion of Trustee Herman, seconded by Trustee Zuckerman, the following resolution was adopted as amended: 4 June 15, 1999 RESOLUTION DECLARATION OF LEAD AGENCY POSITIVE SEQRA DECLARATION AND NOTIFICATION OF PUBLIC SCOPING OF DEIS FOR THE APPLICATION BY GARDEN INN HOTEL/KF RYE BROOK FOR THE PROPERTY AT KING STREET AND ANDERSON HILL ROAD WHEREAS,the Village of Rye Brook Board of Trustees is reviewing an application submitted by K. F. Rye Brook, LLC (the Applicant)for site plan and wetlands permit approval and to amend Section 250-34 of the Village of Rye Brook Zoning Code to construct a 154-room hotel; and WHEREAS, on March 23, 1999, the Village of Rye Brook Board of Trustees declared its intent to act as Lead Agency with respect to this matter and directed the Village Clerk to circulate to all involved and interested agencies the Applicant's DEIS and notice of such intent. NOW, THEREFORE, BE IT RESOLVED, that since no objection has been received within thirty(30) days from the date of the Village Board's circulation of Notice of Intent to be Lead Agency, the Village of Rye Brook Board of Trustees declares itself Lead Agency with respect to this matter; and BE IT FURTHER RESOLVED, that the Lead Agency determines that Scoping shall be required for the Draft Environmental Impact Statement (DEIS) and a public Scoping Session shall be held on Wednesday, June 30, 1999, at 8:30 p.m. at Village Hall; and BE IT FURTHER RESOLVED,that as required by law the Village Administrator/Clerk's Office shall circulate, file and/or cause to be published said Positive Declaration, the applicant's Scope and a Notification of Public Scoping Session; and BE IT FURTHER RESOLVED, that the written comment period on the Draft Scope shall close on Tuesday, July 6, 1999.- Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. CONSIDERING THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY FOR 58 BOWMAN AVENUE. The item was adjourned until the next meeting to be held on June 22, 1999. Mr. Russo noted that more information had been submitted late during the afternoon of June 15'x'. Mayor Filipowski noted that the June 22"d meeting could be lengthy meeting and the applicant could request an adjournment at that time. 5 June 15, 1999 6. CONSIDERING A RESOLUTION TO CALL FOR A PUBLIC HEARING ON A LOCAL LAW TO INCREASE THE LEVELS FOR SENIOR CITIZEN PROPERTY TAX EXEMPTIONS. Village Administrator Chris Russo read the resolution and there was no discussion. On the motion of Trustee Brackman, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON A LOCAL LAW TO INCREASE THE LEVELS FOR THE SENIOR CITIZEN TAX EXEMPTION RESOLVED, that the Board of Trustees of the Village of Rye Brook will hold a public hearing on Tuesday, July 13, 1999, at 7:30 p.m. at Village Hall, 938 King Street,Rye Brook,New York, on a local law to increase the senior citizen tax exemption in Section 228-16 of the Code of the Village of Rye Brook. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye WRITTEN COMMUNICATIONS: 7. NATHANIEL D. I{RAMER: REQUESTING THE VILLAGE TO POST TRAFFIC INFORMATION REGARDING THE TRAFFIC IMPACTS AND DETOURS FOR THE CONSTRUCTION ON THE HUTCHINSON RIVER PARKWAY. Mr. Russo felt that this was a very good suggestion. Mayor Filipowski noted that the next Board of Trustee meeting would be held at the Anthony J. Posillipo Center on Tuesday, June 22, 1999, at 7:30 p.m., and would include a presentation by the New York State Department of Transportation (NYS DOT) regarding the Hutch construction. He invited anyone with concerns or interest in the construction to attend the meeting. He explained that the construction includes replacement of the Ridge Street Bridge, maintaining vehicular traffic and re-alignment of the Blind Brook High School driveway on King Street with Glenville Road. 8. REBECCA C. SWAN, RIDES CHAIR, COUNTRY CYCLE CLUB: REQUESTING THE VILLAGE'S SUPPORT AND APPLICATION FOR TRANSPORTATION ENHANCEMENT FUNDING FOR IMPROVING LINCOLN AVENUE BY BELLEFAIR Ms. Swan addressed the Board regarding the condition of roads within Rye Brook. She noted that the Cycle Club utilizes village roads, particularly Lincoln Avenue between SUNY Purchase and King Street, for their cycling trips. She noted that their club had contacted the president of SUNY Purchase and 6 June 15, 1999 County Executive Andrew Spano. She commented that Lincoln Avenue is an access road to the county airport. The Country Cycle Club hoped that the Village would look into grants available in amounts of $50,000 to $100,000, with an application deadline of July 1, 1999. She urged the Trustees apply for these funds before the deadline. Ms. Swan noted that she would be attending the Mid-Hudson South Bicycle/Pedestrian Master Plan meeting. This is an open public meeting to make the streets in Arlington safe for pedestrians and bicyclists and to encourage pedestrian and bicycle traffic in this area. They were interested in increasing roadway shoulders and adding bike paths. She left the Board with a copy of the memo regarding this meeting. Mr. Russo stated that the developer at Bellefair would be required to re-surface a certain portion of Lincoln Avenue, which he thought was included in the project approval resolution, with the rest of the road to be repaved by the Village. He stated that these improvements would not take place until completion of a major portion of the Bellefair development, so that the heavy construction vehicles and trucks would not destroy the new pavement. Ms. Swan noted that the road is currently covered with potholes, making it very hazardous for cyclists, and motorists as well. Mr. Russo stated that the road is safe for vehicular traffic, and that Rye Brook is always looking to improve and maintain its roadways. Mr, Floyd Caplan noted, when driving on the thoroughfares, that the cyclists ride three abreast. He asked if there was something in their chub by-laws that required them to observe some courtesy to the vehicles traversing the roadway and ride single file. Mayor Filipowski asked that Mr. Caplan speak with Ms. Swan after the meeting regarding this issue. Mayor Filipowski thanked Ms. Swan for her interest and concern. Mr. Ken Heller of 22 Lincoln Avenue commented on the hill within the Red Roof Farm property, now the Blind Brook Estates development, facing Ridge Street, stating that it had grown in height. He felt that the hay bales and silt fences were no longer effective; he said the hay bales are breaking up and the hay is being washed into the brook. He was concerned about the tremendous water flow from Red Roof Farm during recent rainstorms. Trustee Zuckerman noted that a recent newspaper article covered GE's plans to withdraw its airport hangar plan, and Westchester County's plan to ask the Federal Aviation Administration for permission to revisit the airport master plan. Trustee Zuckerman noted that this would provide us with an excellent opportunity for input. He asked for a resolution through which the Village would ask for input into the new master plan, working collaboratively with our neighboring communities of Harrison,North Castle and the City of Rye. Mayor Filipowski felt that this was a good suggestion and asked that a resolution be prepared. Trustee Zuckerman also commented on a new wireless telecommunications law drafted for State approval that is much more friendly to municipalities. He asked for a work session regarding this issue sometime in July. Mayor Filipowski asked Mr. Powell if he was up on the new ordinance, to which he replied that a local ordinance draft has been circulated. He did not feel that he was fully up to speed on the state laws that are being proposed but promised to look into it. Trustee Jody Brackman noted that there is a resident of Rye who is involved with the Wildlife Conservation Society, who had been studying wetlands in Westchester County, and all over. She heard he had been working to protect wetlands. She suggested that he be invited on future walks in areas such as the Keyhole property on Bowman Avenue so that he could provide his input. Trustee Brackman also 7 June 15, 1999 commented on traffic in the Village which needs to be slowed down. She noted that at a recent PTA meeting parents asked what could be done to slow traffic down and to improve sidewalks in the Village. She asked if the speed limit could be lowered or if enforcement efforts could be increased. Mayor Filipowski noted that when he had spoken about lowering the speed limit, the usual reply was that the Village needs to enforce the limits we have now. He asked Chief Santoro to respond to these concerns. The Chief noted that there was a proposal, through the traffic commission, to reduce the speed limit to 25 mph, but it was not acted on. He noted that the police department is currently short-staffed by three men. The Chief commented that while school is closed, the police department could have some officers free for speed enforcement since they would not be assisting at school crossings for the next three months. Mayor Filipowski noted that on June 16, 1999 there would be a meeting at 7:30 regarding the construction of the Red Roof Farm project. The next Board meeting was scheduled for June 22, 1999 at the Anthony J. Posillipo Center at 7:30 p.m., with a presentation by NYS DOT regarding the Hutch. The next Village Board Meeting after that would be on July 13"'. The Mayor also noted the scoping session scheduled for 8:30 p.m. on June 30, 1999, regarding the Garden Inn project. On the motion of Trustee Degling, seconded by Trustee Herman, the Board unanimously agreed to move into an executive session on personnel. There was no further business, and the Meeting was adjourned at 8:40 p.m. Respectfully submitted, Christopher J. Russo, Village Clerk 8