HomeMy WebLinkAbout2000-05-23 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOD
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, MAY 23, 2000, 7:30 P.M.
PLEDGE OF ALLEGIANCE ACTION
PRESENTATION:
1. RAY FISCHLIEN,AREA CONSTRUCTION SUPERVISOR
RE: STATUS OF HUTCHINSON RIVER PARKWAY PROJECT
RESOLUTIONS:
1. APPOINTMENTS TO THE VILLAGE BOARDS AND
COUNCILS
2. MINUTES:
FEBRUARY 1, 2000
FEBRUARY 1S, 2000 —
FEBRUARY 29, 2000
MARCH 14, 2000
WRITTEN COMMUNICATIONS:
1. JOHN GROSS AND JOSEPH ASKINASI
RE: RESIGNATION FROM RECREATION COUNCIL
REPORT:
1. C. MILLER RE: STATUS OF BOWMAN AVE PROJECT
NEXT TRUSTEES MEETINGS
JUNE 13, 2000 AND JUNE 27, 2000
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, MAY 23, 2000— 7:30 P.M.
CONVENE MEETING:
The Meeting was called to order at 7:30 p.m.by Mayor Francis Filipowski in the Meeting Room, and
the Pledge of Allegiance followed.
The following members of the Board of Trustees were present:
Trustee Jody H. Brackman
Trustee Donald E. Degling
Trustee Roger Herman
Trustee Lawrence Rand
Mayor Francis L. Filipowski
Village Staff attending the meeting were:
Village Administrator, Christopher Russo
Village Attorney, Kenneth E, Powell
Assistant to the Administrator, Charles Peretz
Police Chief, Robert Santoro
Meeting Secretary, Paula Patafio
Mayor Francis Filipowski opened the meeting by calling for the first item on the agenda:
PRESENTATION:
1. RAY FISCHLEIN, AREA SUPERVISOR— CONSTRUCTION, RE: STATUS OF
HUTCHINSON RIVER PARKWAY PROJECT
Mr. Ray Fischlein addressed the Board. He gave a brief presentation, stating that they are on
schedule for completing the project by the Fall. They are on schedule for opening the new
bridge on Ridge Street by the end of September. He noted that the area under the bridge at
Lincoln Avenue has been reopened and the noise wall is almost complete. He asked if the
Board had any questions,
Trustee Brackman complemented Mr. Fischlein on his expedient response to the Board's
request to place a sign for Exit 30 on the Hutch. She then requested that the paving on the
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temporary bridge be looked at as it has deteriorated. Mr. Fischlein stated that arrangements
will be made to smooth out the asphalt on this bridge.
Joanne Henrick questioned what would be constructed in the very wide median area between
Ridge Street and.Lincoln Avenue. Mr. Boris Vays, Project Engineer in Charge, responded
that this area will be paved and there will be no grass median in that area.
A member of the public commented that no answer has been given regarding how graffiti will
be cleaned/deterred. Mr, Fischlein stated that when the construction company leaves the job
the wall will be clean and at that time there will be a graffiti contract in place.
It was noted that the Ridge Street/ Hutch interchange will be opened by the end of
September. Mayor Filipowski asked if it was possible to have this interchange opened before
school starts in early September, Mr. Fischlein stated that everything that could be done was
already being done. A bonus of $800,440 has already been offered to the contractor to
complete this job early.
Mr. Mark Clapper, of Mark Drive, commented about the trees that were clear cut in
association with this project. He noted that the cul-de-sac on which he lives, has a lot of
highway noise and headlights shining into their homes. Now that the work has been done he
wanted assurance that trees will be planted. Mr. Fischlein stated that there is a landscape
contract that is scheduled to begin next February and the Village is working towards an
arrangement to do some planting behind the noise wall, The state contract will encompass
the Hutch, and the area in front of the noise wall and is scheduled to be bid in February 2001.
The State's landscape architect is working with the Rye Brook Tree Restoration Committee
and plans will be completed soon.
Mr. Joseph A. Foglietta,the Head of the Design Group for the New York State Department
of Transportation, addressed the Board regarding; the King Street Corridor. He noted that
this project was first started in 1994, and at that time there were extensive discussions
between the Village of Rye Brook,the Town of Greenwich, and the Connecticut Department
of Transportation. Greenwich opposed the work and the situation then snowballed and the
interstate agreement was lost. In the effort to minimize the impact to the homeowners it was
suggested that a small amount of land be taken in Greenwich rather than taking entire
properties in Rye Brook. If this plan had gone through they would have taken a section of
property that was approximately 12' in width by 140' in length in Greenwich. Conversely, if
this work were to be done in New York it would have required the taking of two or three
residences.
This proposal included the widening of the bridge and the erection of traffic signals. Mr,
Foglietta noted that at this time any successful project would require cooperation among;Rye
Brook, Greenwich,Westchester County,the New York State Department of Transportation,
and the Connecticut Department of Transportation.
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Mr. Peter Raider felt that Rye Brook needed to worry about how to make things better for
New York State residents. He felt that Connecticut was being unreasonable and he suggested
closing the Southbound exit onto Ridge Street altogether as there were other routes that
could be taken.
Mr. Foglietta noted that although Connecticut was not dealing fairly with this situation,
closing the exit would not be the answer. Getting back to the table with Greenwich and the
Connecticut Department of Transportation may prove more productive. Trustee Degling
noted that there is a Task Force that has been set up and meetings have been taking place,
there is work being done to reestablish the connection. It was noted that the
Hutchinson/Merritt Parkway carries 40,000 cars per day and King Street carries over 20,000
cars per day and will increase in the next few years. Mr. Fischlein offered to meet with the
Committee and offer input. Trustee Degling asked if the State had traffic studies that
encompass all of the potential developments on King Street, In the absence of these studies
it was suggested that the State coordinate the studies from the different developers in this area
to create a consensus study. Mr, Fischlein suggested that the information developed by the
State Planning Department may be more useful because developer's information may be
biased by their interests. Their traffic study looks at traffic flow through the year 2018,
Trustee Rand felt that the traffic build up on King Street has opened the door to
communications between New York and Connecticut. Both parties see what is happening
on King Street and recognize that the traffic congestion needs to be mitigated. As a result,
he urged the New York State Department of Transportation to re-start the dialogue.
Mayor Filipowski asked if it was feasible to prohibit left hand turns exiting southbound from
the Merritt Parkway(onto King Street). He felt this would eliminate the additional logjams
of cars at that intersection. As things stand now, cars trying to turn from Ridge Street to
King Street find an impossible situation;there are cars coming off the ramp, cars proceeding
on King Street, and cars turning from Ridge Street. Trustee Degling noted that the rationale
behind this question is clearly one of safety. Mr. Fischlein noted that because of the where
the State line is and where the ramps are this request requires further investigation,
Ms.Debbie Faust of Winding Wood Road noted that on the Hutch side of the noise wall there
are areas with big holes that were not back filled. Now that the walls have been installed it
may be difficult to get a truck in, but it may help with the noise. Mr. Vays stated that these
holes will be filled.
Ms.Faust stated that there have been problems since the noise wall was completed---graffiti,
beer bottles, etc. She had a fear that this would happen on the opposite side of the wall—
the homeowners' side. She questioned how the contract for clean up worked. The response
was that there will be a yearly contract in place,during which a contractor will be retained and
used on an as needed basis,
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Ms. Faust requested information regarding lighting. She would like to see lighting added to
the end of the noise wall on Winding Wood behind her property. She noted that this has
become a popular hang-out area. Mr. Fischlein stated that the State of New York does not
deal with lighting and that this usually falls under the jurisdiction of the municipality, Incases,
where the state does the installation it is then taken over by the municipality. Trustee Degling
was unsure of where the State right-of-way ends and the homeowners' property begins. He
noted that the area where Ms. Faust is looking to have lighting installed is in the State's right-
of-way.
ight-
ofway.
Next, Ms. Faust raised a question regarding the noise wall. The residents would like to put
ivy in near the noise wall but this cannot be done until the power washing is completed. She
asked if that process could be moved along. Mr. Fischlein felt that this could be
accomplished.
Ms, Faust raised another question regarding a slit drainage basin on the Hutch side of the
wall. She asked how often this needs to be cleaned. Mr, Fischlein stated that this was a
storm water retention facility and there is a yearly contract for their cleaning. Ms. Faust felt
that for safety purposes a fence should be constructed around this drainage basin.
Ms. Faust thanked the State for their handling of the standing water behind 17 Winding
Wood. She then asked about the status of the land that is on the homeowners' side of the
wall. The State responded that in order to maintain the wall they needed to maintain this as
State right-of-way property.
Ms. Faust noted that there is a tree on the States's property, but her side of the wall,that was
badly damaged when another tree was taken down. It broke in half in October and she has
been trying to have it removed since then. Mr. Vays stated that it will be removed by the end
of June.
Finally, Ms. Faust asked whether the hours for construction work would be changing again
this summer. Mr. Vays stated that work will be done from 7:00 a.m. until 3:00 p.m. In this
way they do not interfere with the traffic on the Hutch. Ms. Faust asked if the Vilagee could
pressure them to move these hours to 8:00 a.m. to 4:00 p.m.
Joanne Kayatis addressed the Board, she noted that her parents' home is on the end of
Winding Wood Road, near the exit ramp. The sound wall was installed and it is an imposing
18' high wail. She asked why it was necessary to build an 18' wall, The height of the wall
makes it seem like you are in a castle. Mr. Fischlein stated that the criteria for the noise wall
has to do with the distances of the residence from the roadway and the level of the main living
area.
Susan Epstein of Country Ridge Drive noted that there was a water problem that was brought
to the attention of the State and which has not yet been corrected. Mr. Vays explained that
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this water was an existing stream, which was simply diverted when the wall was constructed.
Mrs, Epstein then questioned the top soil requirements for the future planting of trees. Mr.
Fischlein replied that there are requirements regarding the size and depth of the hole to be
dug. After the tree is planted the area around the hole is filled with top soil.
There being no further questions, Mayor Filipowski thanked everyone for coming, and for
their prompt responses.
Mayor Filipowski then moved to the Resolution portion of the meeting.
Mr. Christopher Russo, Village Administrator, read the following Resolution:
RESOLUTION
APPOINTMENT TO THE TRAFFIC COMMITTEE
RESOLVED, that Antony Tempesta of 233 Treetop Crescent is hereby appointed to the
unexpired term of Sy Tarshis which will expire on the first Monday in April, 2002.
On a motion made by Trustee Degling,and seconded by Trustee Herman,Mr. Charles Peretz,
Assistant Administrator, read the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Rand Voting Aye
Mayor Filipowski Voting Aye
Mr. Russo then read the second portion of the Resolution:
RESOLUTION
APPOINTMENT TO THE TELECOMMUNICATIONS COMMISSION
RESOLVED, that the Rye Brook Telecommunication Commission be and hereby is
expanded from seven (7) to eight (8) members, and be it
FURTHER RESOLVED,that Pete Sgro, of 265 Betsy Brown Road, and Peter Berman, of
17 Ridge Boulevard,are hereby appointed for three year terms to commence immediately and
to expire on the first Monday in April 2003, and be it
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FURTHER RESOLVED,that PamelaKaplow of20 DorchesterDrive is hereby reappointed
for a term that shall expire at noon on the first Monday in April, 2003, and be it
FURTHER RESOLVED, that Edward Howe is hereby appointed Chairperson.
On a motion made by Trustee Brackman,and seconded by Trustee Degling,Mr.Peretz called
the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Rand Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski introduced Mr. Pete Sgro, who was in attendance at the meeting.
Mayor Filipowski called for the next item under Resolutions.
2. NOTICE OF THE BOARD OF TRUSTEES' INTENT TO ACT AS LEAD AGENCY
ON THE APPLICATION FOR SITE PLAN AMENDMENT FOR RECKSON
EXECUTIVE PARK, PHASE IH.
Mr. Russo read the following Resolution:
RESOLUTION
NOTICE OF THE BOARD OF TRUSTEES' INTENT TO ACT AS
LEAD AGENCY ON THE APPLICATION FOR SITE PLAN
AMENDMENT FOR RECKSON EXECUTIVE PARK, PHASE III
RESOLVED, that the Reckson Executive Park, Phase III site plan amendment application
to reduce Phase III building construction from 360,000 to 280,000 square feet and
reconfigure the buildings, is preliminarily classified as a Type I Action that must undergo a
coordinated review pursuant to Part 617 of the implementing regulations pertaining to Article
S of the New York State Environmental Quality Review Act(SEQRA)of the Environmental
Conservation Law; and it is
FURTHER RESOLVED,that the Village Administrator/Clerk shall circulate to all involved
agencies a notice of intent of the Village Board of Trustees to act as Lead Agency with
respect to this matter together with a copy of Part 1 of the EAF and the application; and it
is
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FURTHER RESOLVED, that the applicant shall pay the sum of five thousand dollars
$5,000 into the Professional Services/Environmental Review Fee fund and such additional
sums as may be requested to defray professional and environmental review costs.
On a motion made by Trustee Brackman, and seconded by Trustee Herman, the Resolution
was approved.
Mr. Peter I Wise of DelBello Donnellan Weingarten Tartaglia Wise and Wiederkeher, LLP
addressed the Board as a representative for the applicant. He noted that they have come to
the Board with an application for a second amendment to the site plan approval for Phase Ili
of the Reckson Executive:Park. As of today Phase III is approved for two buildings totaling
approximately 360,000 square feet. The proposal before the Board this evening is a
modification that calls for only one building with a total area of 280,000 square feet, Mr, I
Michael Divney, P.E., AICP, of Divney Tung Schwalbe was also in attendance at this
meeting. He gave a brief presentation of the new proposal. The plan that was approved was
for two separate buildings, each of 180,000 square feet. There were in excess of 1, 150
parking spaces in the original proposal. At that time there was a very comprehensive storm
water management system developed to provide a reduction in the storm water flow, There
were also a series of storm water quality facilities that were designed. The applicant is taking
every possible precaution to ensure that storm water quality is protected. The applicant has
no intention of changing any aspect of the original drawings as it applies to storm water
retention.
It has been determined that a single building would be more beneficial to Reckson. This
would reduce the square footage by 80,000 square feet, and would also reduce the parking
area by approximately 330 parking spaces. The net result is that the building will be a greater
distance from the property line,there will be less site disturbance,and the storm water quality
facility will remain the same size as it would for the larger plans.
The new, single building, requires 1,120 parking spaces, This results in far less site
disturbance as well as a distancing of the parking and the building from the perimeter
properties. The new building will have an additional story added to the top. The permitted
height for the building; is 50' and the applicant is now requesting a height of 54'9".
Trustee Rand asked what the additional height meant with regard to the airport's criteria. Mr.
Divney responded that the roof of the new building would be below the roof of the existing
buildings because the elevation of the land drops down.
Marcia Teshnor of Doral Greens asked if Reckson would reserve the right to build another
80,000 square foot building in the future. Mr. Divney noted that the site was approved for
900,000 square feet,therefore, they would reserve the right to place the extra square footage
somewhere on the campus. Any future addition would be subject to another application for
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site plan approval before this Board, and all other involved agencies in the Village. It would
be viewed independently and on its own merits.
The Planning Board does believe that the amendment to this plan is substantive and would,
expect to be an involved agency going forward with this application. There are numerous
issues that concern the Planning Board, not the least of which is traffic. Mr. Wise stated that
they have requested a recommendation to appear before the Zoning Board for a variance with
regard to the building height. He did not feel that.it was necessary to go before the Planning
Board as this application was a minimization of a previously approved application. Mr.
Powell noted that procedurally the applicant needs to make an application to go before the
Zoning Board of Appeals. He believes that the referral to the Planning Board could be made
in expedited fashion. The Zoning Board will not be able to make any decisions until the
environmental findings are made. Finally, Mr. Powell added that there was nothing that
would bar the Board of Trustees from requesting that the Planning Board review the
application.
Joanne Henrick of Winding Wood Road asked if the Blind Brook had the capacity to handle
the possible drainage problems. She asked if the applicant has looked into this issue. Mr.
Divney stated that the design of the storm water facility for Reckson is designed to put less
water into the Blind Brook then currently leaves the site. This project will have
approximately 25% less storm water and as a result of the reduction in the parking area, the
capacity will be even greater.
Westchester County sponsors Watershed Advisory Committees that have an entity within
them that has the authority to create these advisory committees because they span several
jurisdictions. The brook does not just exist in Rye Brook, it flows through a series of
communities. This project has been designed so that there will be less storm water going into
the Blind Brook. In addition to storm water management, the applicant is also concerned
about wildlife management,
Mr. Powell noted that the Resolution needed to be amended to include the referral to the
Planning Board, Mr. Russo read the amendment to the Resolution as follows:
BE IT FURTHER RESOLVED, that the application is referred to the Planning Board for
a report and recommendation which the Board of Trustees requests be conducted in an
expedited manner.
On a motion made by Trustee Brackman, and seconded by Trustee Rand, Mr. Peretz called
the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
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Trustee Rand Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski called for the next item on the agenda.
3e MINUTES-
FEBRUARY 1, 2000
FEBRUARY 15, 2000
FEBRUARY 29, 2000
MARCH 14, 2000
Trustee Herman made a few minor corrections to the February Ft and March 14" minutes,
Trustee Rand noted that he was not a member of the Board at the time and, therefore, he has
been given permission to abstain from the vote. Trustee Brackman and Trustee Degling also
made several corrections.
Subject to the corrections, Mayor Filipowski asked for a motion to approve. On a motion
made by Trustee Herman, and seconded by Trustee Degling, the minutes were approved,
Mr. Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Ferman Voting Aye
Trustee Rand Abstained
Mayor Filipowski Voting Aye
The Mayor then moved to the Written Communications portion of the meeting.
1. JOAN GROSS ANIS JOSEPH ASKINASI, RE: RESIGNA'T'ION FROM
RECREATION COUNCIL,
Mr. Russo read a memo from Mr. Gross and Mr. Askinasi,
Mayor Filipowski noted that the next Board of Trustees' meeting would be held on June 13"' and
June 27t", 2000. He noted that he would be in Japan attending a ceremony where his nephew would
be given his first command post.
He then made the following announcements:
There will be a meeting held on June 13"' at the A.J. Posillipo Center concerning the firehouse.
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The Memorial Day Services will be held in the Washington Square Park in Port Chester to be
followed by a parade.
The next meeting of the Master Plan Task Force will be on June 11'E'. It will be held at the:Ridge,
Street School.
Trustee Rand noted that Westchester County will be accepting comments on their master plan for the
Airport until June 7a', It was pointed out that Mr. Lawrence Engle is the Chairman of the Airport
Committee. Mr. Engle will be placed on the agenda for the June 13'x' meeting, where he will give a
report to the Board on the Committee's progress.
Trustee Brackman asked for the status of the building next door to the Village Hall, She noted that
at the February I"meeting the Board was told that options would be presented regarding what was
required to be done to the building to make it available as a teen center, or some other type of
recreation or community center. Mr. Russo stated that Mr. Carosi has informed him that Mr. Gary
Gianfrancisco has been asked to put forward a proposal to help the Village create the plans and start
the process. The proposal includes four phases. The first phase is a survey and documentation of
existing conditions. There are no structural plans for this building and they must be recreated in order
to do the structural alternations. This will be on the agenda for the next meeting.
Trustee Brackman also noted that at the last meeting there was a discussion regarding traffic back-.ups
atRidge Street and W€�stcl�est:cr Ave;zluv. Mr. Cams] was going to took into tho possibility of
creating a turn lane onto Westchester Avenue from Ridge Street,going South. Chief Robert Santoro
noted that in order to create this lane they would have to take property from Avon. A traffic study
would need to be done. The Chief agreed that this turn lane would be,helpful.
Trustee Brackman also requested information regarding the negotiations with.the County with regard
to upgrading the road North of the elementary school, and then turning it over to]dye Brook. This
issue will also be reported on at the June 13'x'Board of Trustee meeting,
Trustee Brackman stated that many residents have raised questions regarding the water pressure in
the area. She asked if the utility companies could be requested to attend a meeting and discuss these
problems and the impact. Mayor Filipowski stated that he would follow up on this issue.
Mayor Filipowski asked for a motion for an Executive Session. On a motion made by Trustee
Degling, and seconded by Trustee Rand, the motion was approved,
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Mr. Peretz called the rale:
Trustee Brad an Voting Aye
Ti°uNtee Defiling Voti g Aye
' .u.tee H...an Voting Aye
Trustee Revd Voting dye
Mayor Filipowski Voting, dye
There being no further business before the Board, the meeting was adjourned at 9:15 p.m,
Respectfiflly submitted,
Christopher I F'.usso
Village Clerk
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