HomeMy WebLinkAbout2015-07-28 - Board of Trustees Meeting Documents VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY, JULY 28, 2015
7:00 P.M. —EXECUTIVE SESSION:
7:30 P.M. —REGULAR MEETING:
PLEDGE OF ALLEGIANCE:
REPORT/PRESENTATIONS:
AFFORDABLE HOUSING:
PUBLIC HEARINGS:
1) Considering an application for a PUD Concept Plan, Zone Change and Zoning
Text Amendment in connection with a proposed residential community of 110
single-family dwelling units on property located at 1100 King Street.
2) Considering a rezoning petition for property located at 80 Bowman Avenue
(adjourned from July 14, 2015)
RESOLUTIONS:
1) Considering an application for a PUD Concept Plan, Zone Change and Zoning
Text Amendment in connection with a proposed residential community of 110
single-family dwelling units on property located at 1100 King Street.
2) Considering a rezoning petition for property located at 80 Bowman Avenue
3) Considering authorizing the use of Village Streets for the Wall Street Rides
FAR event on Saturday, October 10, 2015
4) Considering authorizing the use of NJPA Contract for the up fit of new
Freightliner Dump Truck
5) Considering rejecting the bid for Contract#s 15-07 and 15-08 for the
installation of water tanks at the Compost Site
6) Considering setting a public hearing for a local law expanding the permissible
locations in the Village of Rye Brook for Professional Office Uses
7) Considering authorizing the issuance of 565,000 Bonds of the Village of Rye
Brook to pay the cost of the acquisition of real property at 528 Ellendale Ave.
8) Considering the approval of a drainage easement agreement for Anderson Hill
Road
9) Considering awarding the bid for Contract#15-14 2015 Road Resurfacing
10)Considering the approval of the Minutes of the meetings of June 23 and July
14, 2015
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
August 18 and September 8, 2015
LOCAL LAW AMENDING
CHAPTER 250 OF THE VILLAGE OF RYE BROOK CODE
A LOCAL LAW to amend Chapter
250 of the Code of the Village of
Rye Brook concerning regulations
in the PUD District.
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
SECTION 1. Subsection E of Section 250-7 of Chapter 250 of the Village of Rye Brook
Code, titled "Zoning", is hereby amended as follows:
(3) Authority. The Village Board shall be the municipal authority designated to
grant approval for rezoning to a PUD District, as well as the PUD concept
plan, after recommendation of the Planning Board. The Village Board shall
retain the jurisdiction to waive, in whole or in part, dimensional requirements
of the Zoning Ordinance to allow for flexibility of design in the site plan,
including but not limited to:
4a� the standards and requirements set forth in section 250-7.E.(2)W)[11 may
be waived, in whole or in part, to permit additional floor area to be
developed in such PUD development, beyond the 9,000 square foot limit,
if the development provides Affordable Housing equivalent to ten (10)
percent in number of the market-rate dwelling units in such development,
provided that such Affordable Housing is so restricted for a fifty (50) year
term consistent with the 2009 Stipulation and Order of Settlement and
Dismissal in the case of United States of America ex rel. Anti-Discrimillatim
Center of Metro New York, Inc. P. fFestchester County, New York and is marketed
in accordance with the terms of said settlement.
b The buffer areas set forth in section 250-7.E.(12)(e)may be reduced where
the PUD development abuts commercial office improvements.
SECTION 2. This Local Law shall take effect immediately upon filing in the Office of
Secretary of State.
June 23, 2015 R -1 (A)
RESOLUTION
CONSIDERING A PETITION TO REZONE PROPERTY LOCATED AT
80 BOWMAN AVENUE TO THE C1 ZONING DISTRICT
VILLAGE OF RYE BROOK BOARD OK TRUSTEES
WHEREAS, the Board of Trustees is considering a Petition by Bowridge Realty
LLC (the "Applicant"), pursuant to Section 250-26.1(E)(2) of the Village Code, to rezone
property located at 80 Bowman Avenue, designat d as Section 141.27, Block 1, Lots 26,
31 & 32 on the Town of Rye Tax Map (the " operty"), from the Fair and Affordable
Housing ("FAH") Zoning District to the C1 e; and
WHEREAS, on November 27, 2012, the Board of Trustees adopted a resolution
granting a petition by Bowridg Commons LLC to rezone the Property from the
Cl Zoning District to the FAH .ng District in connection with an application to
develop an affordable housing projec o e Property; and
WHEREAS, Bowridge Comm s sequen abandoned its affordable
housing plan; and
WHEREAS, the Applicant has since bmitte anew application which calls for
a lot merger, zone change and site plan appr al o construct a three-story, mixed-use
building, co sisting of ground-floor retail spac market-rate residential apartments and
associate rking and improvements on the Property; and
WHEREAS, said application is now pending before the Rye Brook Planning
Board, w has declared itself Lead Agency for purposes of a coordinated review
pursuant to RA; and un
W H E , the Board of Trustees retains approval authority over the rezoning
portion of the application; and
WHEREAS, the Applicant has stated that it does not wish to include affordable
housing as a component of the new proposal for the Property; and
WHEREAS, the FAH zoning on the Property is due to expire, by its terms, on
November 27, 2015, at which time the zoning on the Property will revert automatically to
the C1 Zoning District; and
WHEREAS, the Applicant has requested that the Board of Trustees affirmatively
change the zoning back to the C 1 Zoning District prior to November 27, 2015 so the new
application for the Property can proceed; and
1313/08/426972VI 6/19/15
WHEREAS, on November 10, 2014, the Board of Trustees referred the rezoning
petition to the Rye Brook Planning Board for a report and recommendation thereon; and
WHEREAS, on April 9, 2015, the Planning Board approved a report and
recommendation to the Board of Trustees which was in favor of the rezoning; and
WHEREAS, the Planning Board, in rendering its report and recommendation,
specifically noted that the FAH zoning is due to expire on its own in November of this
year and that the Applicant has made clear that the Propert� will not be developed for
affordable housing.
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
finds that, under the circumstances presented, the rezoning of the Property from the FAH
Zoning District to the C1 Zoning District prior to the November 27, 2015 expiration date
is appropriate because (i) the application for an affordable housin project on the
Property has been abandoned; (ii) the Applicant has stated that a new a rdable housing
project will not be presented to the Village; and (i�� the FAH zoning on the Property will
expire inevitably on November 27 015, and
BE IT FURTHER RESOL , that the Boa of Trustees hereby adopts the
annexed local law amending the Zoning Map of the Village ofokye Brook to change the
zoning designation of Pr rty from the FAH Zonin District to the C 1 Zone.
1313/08/426972VI 6/19/15
LOCAL LAW AMENDING
THE VILLAGE OF RYE BROOK ZONING MAP
A LOCAL LAW to amend the Village of
Rye Brook Zoning Map
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
Section 1: Legislative Intent: 40$
The Board of Trustees of the Village of Tye Broo has received a petition
submitted by Bowridge Realty, LLC ("ApplicRyl*eTax
o rezone the property located at 80
Bowman Avenue, designated on the Town of Map as Section 141.27, Block 1,
Lots 26, 31 & 32, from the Fair and Affots
ble Housi ("FAH") Zoning District to the
C1 Zone in connection with the App licanplan seekinSuding
t merger, zone hange and
site plan approval to construct a three-story, mixed-use consisting of ground-
floor retail space, market-rate sidential apartments and associated parking and
improvements. The Board of Trustees referred the rezoning petition to the Village of
Rye Brook Planning Board and the Planning Board issued a positive report and
recommendation on April 9, 2015.
After reviewthNroning petitio , comment om the public, comments from
Village staff and consultants, and comments from the estchester County Department of
Planning, the Board of Trustees has determineis appropriate to rezone the property
from the FA ning District to the C1 Zoning istrict because (i) the prior application
for an affordable housing project on the Property has been abandoned; (ii) the Applicant
has stated that a new affordable housing project will not be presented to the Village; and
(iii)' the FAH zoning on the Property will expire, by its terms, on November 27, 2015.
For the reasons set forth herein andothers articulated in the record before the Board of
Trustees, the Board of Trustees adopts this Local Law.
Section 2: �he Z011091 Map of the Village of Rye Brook is hereby amended to
designate the parcel of real property located at 80 Bowman Avenue and designated on the
Town of Rye Tax Map as Section 141.27, Block 1, Lots 26, 31 & 32, as being located in
the C1 Zoning District.
Section 3: This Local Law shall take effect immediately upon the filing with the
Office of the Secretary of State.
1313/08/426972VI 6/19/15
June 23, 2015 R— 1 (B)
RESOLUTION
CONSIDERING A PETITION TO REZONE PROPERTY LOCATED AT
80 BOWMAN AVENUE TO THE C1 ZONING DISTRICT
VILLAGE OF RYE BROOK BOARD Ot TRUSTEES
WHEREAS, the Board of Trustees is considering a Petition by Bowridge Realty
LLC (the "Applicant"), pursuant to Section 250-26.1(E)(2) of the Village Code, to rezone
property located at 80 Bowman Avenue, designat d as Section 141.27, Block 1, Lots 26,
31 & 32 on the Town of Rye Tax Map (the " operty"), from the Fair and Affordable
Housing ("FAH") Zoning District to the C1 e; and *Ak
WHEREAS, on November 27, 2012, the Board of Trustees adopted a resolution
granting a petition by Bowridg Commons LLC to rezone the Property from the
Cl Zoning District to the FAH ng District in connection with an application to
develop an affordable housing projec o e Property; and
WHEREAS, in granting the pr r g applica ion, the Board of Trustees
specifically noted that the Property is par larly suited for the FAH Zoning District due
to its transitional location between the C 1 eighborhood Retail Zoning District and the
R-2F Two Family Zoning District and, furthe that development of an affordable housing
project on the Property would advan e the Village's affordable housing objectives; and
W , Bowridge Comm LC subsequently abandoned its affordable
housing plan for the Property; an
WHEREAS, the Applicant h ince submitted a new application which calls for
a lot merger, zone change and site Ian approval to construct athree-story, mixed-use
building, consis of ground-floor retail space, market-rate residential apartments and
associated parkin d improvements on the Property; and
WHEREAS, thepplicant has not included affordable housing as a component of
the new proposal for the Property; and
WHEREAS, the application is currently pending before the Rye Brook Planning
Board, which has declared itself Lead Agency for purposes of a coordinated review
pursuant to SEQRA; and
WHEREAS, the Board of Trustees retains approval authority over the rezoning
portion of the application; and
1313/08/54708211 6119115
WHEREAS, the FAH zoning on the Property is due to expire, by its terms, on
November 27, 2015; and
WHEREAS, the Applicant has requested that the Board of Trustees grant its
petition to affirmatively change the zoning back to the C1 Zoning District prior to
November 27, 2015 so the new application for the Property can proceed; and
WHEREAS, on November 10, 2014, the Board of Trustees referred the rezoning
petition to the Rye Brook Planning Board for a report and recommendation thereon; and
WHEREAS, on April 9, 2015, the Planning Boar proved a report and
recommendation to the Board of Trustees which was in favor of rezoning; and
WHEREAS, the Board of Trustees retains Ze9approvaPauthority and independent
discretion to decide whether to grant petition to rezone property in the Village of Rye
Brook.
NOW THEREFORE, BE IT RESOLVED, thIShe Board lof stees, upon
consideration of the Planning Board's report and recommendation, cments from the
public, and comments from the Village staff and consukn�ts,, hereby finds that rezoning
of the Property to the C1 Zoning District is not appr because (i) affirmatively
authorizing development of the Property as market-rasing when it is suited for
development of fair and affordable housing is contra to the interests of the Village of
Rye Brook and the County of Westchester; (ii) the stchester County Department of
Planning is opposed to a project on the site which does not include an affordable housing
component; and (iii) the Board of Trustees Vshes to provide the Applicant an
opportunity to reconsider its decision to forego the development of fair and affordable
housing n the Property prior to expiration of the FAH zoning; and
IT FURTHER RESOLVED, that the Applicant's request for rezoning of the
Property to the C1 Zoning District is hereby denied.
1373108/5470820 6119175
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VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914) 939-1121 Fax(914) 939-0242 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES
Susan R. Epstein
David M. Heiser
Jason A. Klein
Jeffrey B. Rednick
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall
hold a public hearing on Tuesday, May 26, 2015 at 7:30pm, at Village Hall, 938 King Street,
Rye Brook,New York to consider an application to rezone property located at 80 Bowman Ave.
Christopher J. Bradbury
Village of Rye Brook, New York
Wesqchester Referral Review
govcom Pursuant to Section 239 L.M and N of the General Municipal Law and
Section 277.61 of the County Administrative Code
Robert P.Astorino
County Executive
County Planning Board
May 12, 2015
Marilyn Timpone-Mohamed, Consulting Planner
Frederick P. Clark Associates
Rye Brook Village Hall
938 King Street
Rye Brook, NY 10573-1226
Subject: Referral File Na RYB 15-001 —Bowman Plaza
Zoning Map Amendment and Site Plan Approvals
Dear Ms. Timpone-Mohamed:
The Westchester County Planning Board has received site plans (dated revised April 30, 2015) and
related materials for the above referenced application. The application proposes the construction of a
market-rate 16-unit, three-story mixed use building that would have 2,400 square feet of retail space on
the ground floor. Two single-family residences now located on the site would be removed. The
proposed site is a 0.5-acre lot located on the southwest comer of Bowman Avenue (CR 104) and
Barber Place within the C-I zoning district with an overlay of the Village's Fair and Affordable Housing
Overlay District (FAH). The overlay was applied when a previous proposal for the site was being
considered for 16 units of affordable affirmatively furthering fair housing (AFFH). The applicant is
petitioning the Village to remove the FAH overlay so that a new development proposal can be
considered without any affordable AFFH units.
The plans show the proposed building to be located in the center of the site, with parking in the front
and rear of the building as well as underneath the building. Nine parking spaces would be provided in
the front of the building where the retail space would be located. Vehicles would enter from Bowman
Avenue and exit onto Barber Place. Thirty parking spaces would be provided in the rear and under the
building, primarily for the residential units. Access to those spaces is only provided via Barber Place.
The entrance to the residential units is located at the parking level.
In addition to the proposed removal of the FAH Overlay Zone and site plan approval, the application
will require variance from the Zoning Ordinance with respect to minimum front yard and minimum
usable open space on the lot.
We have reviewed this matter under the provisions of Section 239 L, M and N of the General Municipal
Law and Section 277.61 of the County Administrative Code. With respect to the zoning area variances,
we point out that the variance for minimum usable open space is outside of the County Planning
Board's jurisdiction. With respect to the front yard variance, we find that there are no County or
132 Nlichnehan Office Building
118 Martine Avenue
While Plains.Nets•York 10601 Telephone: (111 1l 995.1100 Websitepie tchcstergot.evna
-
Referral File No. RYB 15-001—Bowman Plaza
May 12, 2015
Page 2
intermunicipal planning issues of concern to the County Planning Board and that this action is a matter
for local determination in accordance with your community's planning and zoning policies.
With respect to the proposed zoning map amendment and site plan review, we offer the following
comments:
1. Affirmatively furthering fair housing (AFFH). We are disappointed that the current proposal
seeks to remove a zoning designation from the site which would have set the foundation for the
consideration of development of 16 affordable AFFH units, While the County's Model Ordinance
Provisions recommend the establishment of a I 00�o set-aside for affordable AFFH units in all residential
developments, Rye Brook chose a different method which we supported based on the concept that it
could create higher amounts of affordable AFFH units on certain developable sites in the village.
However, if the current application moves forward as proposed, the subject site would no longer be
available for establishment of AFFH units. Therefore, we respectfully recommend that the Village
maintain the FAH overlay zoning designation on the site.
2. Consistency with County Planninp_ Board policies. While the concept of the proposed
development as a mixed-use building within the downtown area of the village is generally consistent
with the County Planning Board's long-range planning policies and strategies set forth in Westchester
2025—Context for County and Municipal Planning and Policies to Guide County Planning,
adopted by the County Planning Board on May 6, 2008 and amended January 5, 2010, the design of the
proposed building is not consistent with those policies. The project design features a front yard along
Bowman Avenue that consists of parking spaces, creating an auto-dominated retail storefront that
would not contribute to a pedestrian-scaled environment. We recommend the applicant consider moving
the front of the building toward the street, with parking provided in the rear.
3. County road. Bowman Avenue is a County Road (CR 104). Because of the site's frontage with
Bowman Avenue, approval for this project from the County Department of Public Works and
Transportation under Section 239 F of the General Municipal Law is required. Pertinent drainage,
utility, erosion control and curb cut details need to be provided at the time of Section 239 F submittal.
4. County sewer impacts. The proposed development will increase sewage flows from this site into the
existing infrastructure. The increased flow will add to the volume of sewage flow requiring treatment at
one of the treatment plants operated by Westchester County. As a matter of County Department of
Environmental Facilities' policy, we recommend that the Village implement or require the developer to
implement measures that will offset the projected increase in flow. The best means to do so is through
reductions in inflow infiltration(I&]) at a ratio of three for one.
5. Provisions for recycling. While the site plans show a proposed waste and recycling enclosure, we
recommend that the Village require the applicant to verify that there is sufficient space within the
project to accommodate the expanded County recycling program that includes plastics with
numbers I through 7. County regulations for plastic recycling may be found at:
http://environinent.westchesteLgov.com.
Referral File No.RYB 15-001—Bowman Plaza
May 12, 201 5
Page 3
6. Stormwater management The site plans indicate that stormwater runoff will be treated with
subsurface stormwater management devices. We recommend that the applicant also consider adding
additional, above-ground treatment measures with the goal of treating and retaining as much
stormwater on-site as possible. This can be accomplished through permeable paving surfaces or rain
gardens placed throughout the site. If the applicant can only rely on subsurface stormwater treatment,
then we recommend the Village require the applicant to submit an enforceable maintenance plan to
ensure this infrastructure does not fill up with sediment, and remains operable into the future.
7. Green building technology and bicycle pad4n. We encourage the applicant to consider using as
much green building technology as possible in the proposed development. We also encourage the
applicant to consider providing a bicycle storage area for residents. This would be a low cost way of
promoting non-motorized transportation in the immediate area, particularly since there are a number of
businesses and services within close biking distance.
Thank you for the opportunity to comment on this matter.
Respectfully,
WESTCHESTER COUNTY PLANNING BOARD
Edward Buroughs, AICD
Commissioner
EEB LH
cc: Michael Dispenza,Contract Administrator,County Department of Public Works and Transportation
Kevin Roseman,Traffic Engineer,County Department of Public Works and Transportation
July 28, 2015 R-3
RESOLUTION
CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE
2015 WALL STREET RIDES FAR("FOR AUTISM RESEARCH") EVENT
RESOLVED, that subject to the final approval of the Rye Brook Police
Department, The Autism Science Foundation is authorized to use the Village of Rye
Brook streets for the 2015 Wall Street Rides FAR ("For Autism Research") Charity
Bike Ride event on Saturday, October 10, 2015, requested in a letter dated July 14,
2015; and be it
FURTHER RESOLVED, that Village streets shall be used in compliance
with the terms and/or conditions established by the Village of Rye Brook Police
Department.
July 14, 2015 WALL STREET
Paul S. Rosenberg lye
Mayor RIDES
Village of Rye Brook
938 King St FOR AUTISM
Rye Brook,NY 10573 FARRESEARCH
Dear Mayor Rosenberg,
I am writing to request permission this year to travel through your jurisdiction on Saturday,
October 10, 2015 for an event called Wall Street Rides FAR. Wall Street Rides FAR ("For
Autism Research") is a one-day, charity bike ride raising funds to support the Autism
Science Foundation. This family-friendly event will offer the choice of a Metric Century(62
mile), 35 mile and 14 mile bike ride. There will be an estimated 125-250 participants.
The Autism Science Foundation's mission is to support autism research by providing
funding and other assistance to scientists and organizations conducting, facilitating,
publicizing and disseminating autism research. The organization also provides information
about autism to the general public and serves to increase awareness of autism spectrum
disorders and the needs of individuals and families affected by autism.
Wall Street Rides FAR is a fully supported event, not a race, with people of all ages, shapes,
and sizes riding side by side. It will be a fun and rewarding experience for all involved.
We maintain a comprehensive $5 million liability policy and would be happy to include the
Village of Rye Brook upon your request.
I have enclosed the route that we propose to use to travel through your jurisdiction. Please
review the enclosed materials. We are not asking for any roads or lanes to be closed during
our event. If Permission is granted, please fill out, sign and return the Notification
and Approval of Event form attached.
Since our proposed route winds its way briefly through your jurisdiction,we expect riders to
be riding through your area from approximately 7:30 am to 2:00 pm on October 10, 2015.
Please feel free to call me at 212.989.1111 or email at rrothAglobalimpactpro.com to
discuss this request.We look forward to partnering with you to make a difference in the
fight against autism in our community.
Sincerely,
Bob Roth
Logistics Coordinator
Wall Street Rides FAR
WALL STREET
RIDESWA'AWN
FARFOR AUTISM Notification and
RESEARCH Approval of Event
Our jurisdiction has been notified in writing that Wall Street Rides FAR Ride will be taking place
on October 10, 2015. We are aware that approximately 125-250 bicyclists will be participating. They
will ride at their own pace and will follow the vehicular rules of the road. This is not a race or a
timed event.
Estimated Time of Arrival: October 10, 2015 7:30am to 2:00pm
**Please make any corrections to the information below
Name: Paul S. Rosenberg, Mayor
Organization:Village of Rye Brook
Address: 938 King St, Rye Brook, NY 10573
Phone: 914-939-1121
Fax: 914-939-0242
Email: mayor( ryebrook.org
Signature:
Contact Name & Numbers
Please provide a contact name and numbers for an individual who will be on-duty during the actual event, who
will serve as contact in case of emergency or other situation.
Name:
Phone:
Cell: (24 Hour Contact Number)
Pager: (24 Hour Contact Number)
Please return to Wall Street Rides FAR
Attention: Bob Roth
Logistics Coordinator
c/o Global Impact Productions
127 W. 26"' Street, Suite 402
New York, NY 10001
FAX to: 212.807.1853 For Office Use Only
Or email to Date Rec'd:
rrotb@globalimpactpro.com
Wall Street Rides FAR Metric Century (62-Mile) Route Cues
2015 Manhattanville College, Purchase NY
Segment Cume Police/Moto
Turn Note Township or Borough
Mileage Miles Safety Support
0.0 0.0 Right Out of Dammann Field onto campus access road NY/Westchester/Harrison
0.1 0.1 Bear right Towards main gate exit
0.1 Left Onto Purchase Street(Route 120) Police
0.5 0.6 Right Onto Anderson Mill Road at traffic light Rye Brook,NY
1.8 2.4 Left Onto King Street at traffic light.Enter Connecticut Moto Safety CT/Fairfield Co./Greenwich
2.3 4.7 Cross Rye Lake Avenue at traffic light
0.6 5.3 Bear right Onto Bedford Road
1.0 6.3 Cross Onto John Street
1.5 7.8 Left Onto Riversville Road at stop sign. Enter New York State NY/Westchester/North Castle
7.8 Riversville Road becomes North Greenwich Road/Route 463
0.7 8.5 Cross Route 22 at light Police
0.1 8.6 Left Onto Brundage Street-short climb
0.1 8.7 Right Onto Hunter Avenue(unmarked)at stop sign
0.1 8.8 Left Onto Maryland Avenue
0.4 9.2 Left Onto Cox Avenue at stop sign Police
0.1 9.3 Pass over 1-684
0.2 9.5 Bear right Onto Cox Avenue,avoiding School Street
0.5 10.0 Forward Cox Avenue becomes High Street at Leisure Farm Drive-
begin climb
0.8 10.8 Bear right Onto Sarles Street-continue climb New Castle,NY
1.7 12.5 Right To avoid Westwood Drive Bedford,NY
0.4 12.9 Right Onto Byram Lake Road at stop sign
0.4 13.3 Right Into Merestead Park.Oasis 1
0.1 13.4 Right To exit park and return on Byram Lake Road
0.4 13.8 Right Onto Sarles Street at stop sign
1.2 15.0 Hard right Onto Linden Lane
0.1 15.1 Bear left To avoid Deer Knoll-begin climb
0.4 15.5 Left Onto Route 172/South Bedford Road.Diverge from 35-mile
riders
0.6 16.1 Right Onto McLain Street at light-begin climb. Moto Safety
1.0 17.1 Bend right At Guard Hill Road
0.1 17.2 Left To avoid Guard Hill Road,stay on McLain Street
0.8 18.0 Bend right
0.4 18.4 Left Onto Springhurst Road(unmarked)
0.6 19.0 Right Onto Bedford Center Road at stop sign
0.8 19.8 Pass under 1-684
1.6 21.4 Left Onto Harris Road Moto Safety
0.7 22.1 Cross Matthews Mill Road
1.1 23.2 Pass under 1-684
0.6 23.8 Pass under Railroad
23.8 Cross Route 117 at light(Left lane)-begin climb Moto Safety
0.7 24.5 Right Onto Cherry Street at stop sign
0.1 24.6 Right Onto Huntville Road at stop sign
0.1 24.7 Right Into Katonah Elementary School
0.1 24.8 On right Katonah Elementary School.At bike racks near playground.
Oasis 2
0.1 24.9 Left Onto Huntville Road at stop sign
24.9 Right Onto Glenridge Road at stop sign
0.1 25.0 Left Onto Grandview Avenue
0.1 25.1 Right Onto Cherry Street at stop sign
0.4 25.5 Right Onto Whitlockville Road
0.1 25.6 Left To avoid Old Mill Lane
0.6 26.2 Right Onto Route 35 East/Woods Bridge Road at stop sign
0.3 26.5 Cross Route 117 at light onto Cross River Road/Route 35 East
0.1 26.6 Pass over Route 1-684 Moto Safety
0.4 1 27.0 lCross IRoute 22 at light I Moto Safety
Wall Street Rides FAR Metric Century (62-Mile) Route Cues
2015 Manhattanville College, Purchase NY
Segment Cume Police/Moto
Turn Note Township or Borough
Mileage Miles Safety Support
2.4 29.4 Right Onto Old Cross River Road
0.4 29.8 Right Onto Route 35 at stop sign
0.4 30.2 Bear right Onto Old Shop Road.CAUTION:Steep downhill
0.2 30.4 Bear right Onto Route 35 at stop sign.CAUTION: Narrow road Lewisboro,NY
0.1 30.5 Right Onto Route 121 South Lewisboro into Poundridge,NY
0.7 31.2 Left Onto Honey Hollow Road.CAUTION:Blind curve Moto Safety Poundridge,NY
1.7 32.9 Bend left To avoid Black Brook Road
1.3 34.2 Right Onto Route 137 West/Stone Hill Road at stop sign. Bedford,NY
CAUTION: Narrow road
1.0 35.2 Left Onto Route 121/01d Post Road at"T" Moto Safety
1.7 36.9 Left Onto Route 22 at stop sign Moto Safety
0.2 37.1 Bear right To stay on Route 22/01d Post Road
0.3 37.4 Left Onto Greenwich Road at light
0.3 37.7 Right Take second park entrance into Bedford Village Memorial
Park
0.1 37.8 Proceed Bedford Village Memorial Park,Pass park entrance to 2nd
Entrance to Gazebo.Oasis 3
37.8 Return To exit park
37.8 Left Onto Greenwich Road at stop sign Moto Safety
0.2 38.0 Right Onto Route 22/01d Post Road at light
0.2 38.2 Bear right At light onto Pound Ridge Road/Route 172 East
0.6 38.8 Right Onto Middle Patent Road
2.2 41.0 Bear left To avoid Hickory Kingdom Road North Castle,NY
1.8 42.8 Enter Connecticut Stamford,CT
1.0 43.8 Left Onto Taconic Road at stop sign Stamford,CT into Greenwich,CT
1.2 45.0 Cross Stamwich Road at stop sign Greenwich,CT
0.9 45.9 Right To avoid Stamwich Road
0.3 46.2 Right Onto South Stamwich Road
0.1 46.3 Cross One-lane bridge
0.4 46.7 Right Onto North Street at stop sign-begin climb
0.5 47.2 Left Onto Lower Cross Road
1.4 48.6 Right Onto Lake Avenue at stop sign
0.3 48.9 Right Into Whitby School.Rejoin 35-mile route
48.9 Proceed Whitby School.To playground.Oasis 4
48.9 Continue On driveway to exit oasis
? ? Right Out of Oasis onto Lake
0.2 49.1 Left Onto Close Road-begin climb Moto Safety
0.6 49.7 Right Onto Round Hill Road at stop sign
0.8 50.5 Left Onto Creamer Hill Road(blind turn)
0.7 51.2 Left Onto Hadley Road Moto Safety North Castle,NY
(optional)
0.3 51.5 Right Onto Sterling Road at stop sign
I
0.1 51.6 left mmediate Onto Douglas Lane
0.1 51.7 Right Onto Day Road at stop sign
0.4 52.1 Left Onto North Greenwich Road/Route 433 Moto Safety
0.6 52.7 Right Onto Bedford Road.CAUTION:Narrow road Greenwich,CT
0.8 53.5 Right Onto Cutler Road
1.5 55.0 Right Onto Bedford Road at stop sign
0.3 55.3 Right Onto Locust Road
0.7 56.0 Bend left Onto King Street
1.2 57.2 Cross Rye Lake Avenue at traffic light
2.4 59.6 Right Onto Anderson Mill Road at traffic light Rye Brook,NY into Harrison,NY
1.7 61.3 Left Onto Purchase Street/Route 120 at light Moto Safety Harrison,NY
0.4 61.7 Right Into main gate entrance,Manhattanville College
0.1 61.8 Bear left Towards Dammann Field
Wall Street Rides FAR Metric Century (62-Mile) Route Cues
2015 Manhattanville College, Purchase NY
Segment Cume Police/Moto
Turn Note Township or Borough
Mileage Miles Safety Support
61.8 Left Onto Dammann Field.Finish
Wall Street Rides FAR 35-Mile Route Cues
2015 Manhattanville College, Purchase NY
Segment Cume Police/Moto
Turn Note Township or Borough
Mileage Miles Safety Support
0.0 0.0 Right Out of Dammann Field onto campus access road NY/Westchester/Harrison
0.1 0.1 Bear right Towards main gate exit
0.1 Left Onto Purchase Street(Route 120) Police
0.5 0.6 Right Onto Anderson Mill Road at traffic light Rye Brook,NY
1.8 2.4 Left Onto King Street at traffic light.Enter Connecticut Moto Safety CT/Fairfield Co./Greenwich
2.3 4.7 Cross Rye Lake Avenue at traffic light
0.6 5.3 Bear right Onto Bedford Road
1.0 6.3 Cross Onto John Street(diverge from 14-mile route)
1.5 7.8 Left Onto Riversville Road at stop sign. Enter New York NY/Westchester/North Castle
State
Riversville Road becomes North Greenwich
7.8
Road/Route 463
0.7 8.5 Cross Route 22 at light Police
0.1 8.6 Left Onto Brundage Street-short climb
0.1 8.7 Right Onto Hunter Avenue(unmarked)at stop sign
0.1 8.8 Left Onto Maryland Avenue
0.4 9.2 Left Onto Cox Avenue at stop sign Police
0.1 9.3 Passover 1-684
0.2 9.5 Bear right Onto Cox Avenue,avoiding School Street
0.5 10.0 Forward Cox Avenue becomes High Street at Leisure Farm
Drive-begin climb
0.8 10.8 Bear right Onto Sarles Street-continue climb New Castle,NY
1.7 12.5 Right To avoid Westwood Drive Bedford,NY
0.4 12.9 Right Onto Byram Lake Road at stop sign
0.4 13.3 Right Into Merestead Park.Oasis 1
0.1 13.4 Right To exit park and return on Byram Lake Road
0.4 13.8 Right Onto Sarles Street at stop sign
1.2 15.0 Hard right Onto Linden Lane
0.1 15.1 Bear left To avoid Deer Knoll-begin climb
0.4 15.5 Right Onto Route 172/South Bedford Road.Diverge from 62
mile riders
0.7 16.2 Right Onto Chestnut Ridge Road
0.7 16.9 Passover 1-684
1.3 18.2 Left Onto Cole Drive North Castle,NY
0.3 18.5 Left Onto Davis Drive
0.6 19.1 Right Onto Route 22 South.CAUTION: Narrow road
1.0 20.1 Left Onto Upland Lane Moto Safety Note:Roads in neighborhood are under
construction.Check with DPW
0.1 20.2 Right Onto Maple Way
0.4 20.6 Left Onto Windmill Road at stop sign
0.4 21.0 Right Onto Mill Lane
0.1 21.1 Right Onto Pond Lane
0.2 21.3 Left Onto Long Pond Road (unmarked)at stop sign
0.1 21.4 Right Onto Valley Lane
0.1 21.5 Left Onto Banksville Road at stop sign Optional Moto
0.4 21.9 Left Onto Round Hill Road at stop sign Moto Safety
Immediate
21'9 Right Onto Mead Road-begin climb
0.7 22.6 Bear left To avoid Edgar Lane Greenwich,CT
0.7 23.3 Right Onto Lake Avenue,avoiding Upper Cross Road,at
stop sign
0.7 24.0 Bear left At stop sign to avoid Close Road
0.2 24.2 Left Into Whitby School.Rejoin 62-mile route
Wall Street Rides FAR 35-Mile Route Cues
2015 Manhattanville College, Purchase NY
Segment Cume Police/Moto
Turn Note Township or Borough
Mileage Miles Safety Support
24.2 Proceed Whitby School.To playground.Oasis 2(4 for MC
Route)
24.2 Continue On driveway to exit oasis
Right Out of Oasis onto Lake
0.2 24.4 Left Onto Close Road-begin climb Moto Safety
0.6 25.0 Right Onto Round Hill Road at stop sign
0.8 25.8 Left Onto Creamer Hill Road
0.7 26.5 Left Onto Hadley Road North Castle,NY
0.3 26.8 Right Onto Sterling Road at stop sign
Immediate
0.1 26.9 left Onto Douglas Lane
0.1 27.0 Right Onto Day Road at stop sign
0.4 27.4 Left Onto North Greenwich Road/Route 433 Moto Safety
0.6 28.0 Right Onto Bedford Road.CAUTION:Narrow road Greenwich,CT
0.8 28.8 Right Onto Cutler Road
1.5 30.3 Right Onto Bedford Road at stop sign
0.3 30.6 Right Onto Locust Road
0.7 31.3 Bend left Onto King Street
1.2 32.5 Cross Rye Lake Avenue at traffic light
2.4 34.9 Right Onto Anderson Mill Road at traffic light Rye Brook into Harrison,NY
1.7 36.6 Left Onto Purchase Street/Route 120 at light Moto Safety Harrison,NY
0.4 37.0 Right Into main gate entrance, Manhattanville College
0.1 37.1 Bear left ITowards Dammann Field
37.1 Left jonto Dammann Field.Finish
Wall Street Rides FAR 15-Mile Route Cues
2015 Manhattanville College, Purchase NY
Segment Cume Police/Moto
Mileage Miles Turn Note Safety Support Township or Borough
0.0 0.0 Right Out of Dammann Field onto campus access road NY/Westchester/Harrison
0.1 0.1 Bear right Towards main gate exit
0.1 Left Onto Purchase Street(Route 120) Police
0.5 0.6 Right Onto Anderson Mill Road at traffic light Rye Brook,NY
1.8 2.4 Left Onto King Street at traffic light Moto Safety CT/Fairfield Co./Greenwich
0.7 3.1 Right Onto Sherwood Avenue(easy to miss).Diverge from
longer routes
1.0 4.1 Right Onto Riversville Road at stop sign to pass under Merritt
Parkway
1.7 5.8 Left Onto Glenville Road at stop light
0.2 6.0 Right Onto Weaver Street at stop light-begin climb
1.6 7.6 Bear right To avoid US 1
0.2 7.8 Right Onto Byram Terrace Drive at yield sign
0.3 8.1 Right Onto Reynolds Place
0.1 8.2 Left Onto Hawthorne Street South
0.1 8.3 Left Onto Almira Drive at stop sign(unmarked)
0.2 8.5 Right Onto Pemberwick Drive at stop sign
0.6 9.1 Left Onto Comley Avenue
0.1 9.2 Left Onto Nicholas Avenue
0.4 9.6 Continue Nicholas Avenue becomes Hickory Drive-begin climb
0.3 9.9 Bend right Onto Quintard Drive Port Chester,NY
Immediate
0.0 9.9 right Onto Pilgrim Drive Greenwich,CT
0.3 10.2 Left Onto Upland Street-steep climb Port Chester,NY
0.4 10.6 Left Onto King Street at stop sign Moto Safety
Immediate
0.0 10.6 right Onto Betsy Brown Road Rye Brook,NY
0.1 10.7 Bear Right To avoid Betsy Brown Circle
0.5 11.2 Cross North Ridge Street at stop light
0.3 11.5 Forward Dismount bike and proceed past guard rail onto trail in
Crawford Park
0.1 11.6 Right Onto Crawford Street
11.6 Bend right Toward pavilion
0.1 11.7 At pavilion Oasis-Crawford Park
11.7 Forward To continue on Crawford Road toward park exit
0.4 12.1 Right Onto Lincoln Avenue at stop sign
0.4 12.5 Left Onto Westerleigh Road Optional Moto Harrison,NY
0.1 12.6 Bear right Across bridge.Begin climb
0.4 13.0 Right To avoid Sylvanleigh Road
0.3 13.3 Right Onto Purchase Street/Route 120 at stop sign
0.6 13.9 Pass under Hutchinson River Parkway
0.3 14.2 Left Onto Manhattanville Road Moto safety
0.2 14.4 Right Onto College Road
0.3 14.7 Right Toward Manhattanville College
14.7 Pass Guard gate.Begin climb
0.2 14.9 Right Onto Manhattanville College Road
0.1 15.0 Right Onto Dammann Field.Finish
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July 28,2015 R-5
RESOLUTION
CONSIDERING REJECTING THE BIDS FOR
CONTRACT#15-07 COMPOST SITE TANK SUPPLY AND
#15-08 COMPOST SITE TANK INSTALLATION
WHEREAS,The Village of Rve Brook has solicited bids for Contract#15-07;
Compost Site Tank Supply and Contract#15-08;Compost Site Tank Installation;and
WHEREAS,at Thursday,May 21,2015,bids were received for each of the
contracts and opened as summarized below:
Contract#15-07:Compost Site Tank Supply&Delivery
Bidder Base Bid Alternate A
Gem Star 80,000.00 n/a
Fairfield Maintenance 70,666.00 n/a
Eventus Construction 91,000.00 120,000.00
Carmel Winwater 69,894.00 78,400.00
Fred Burack 63,248.00 89,032.00
D&S Pump 89,000.00 79,000.00
Expanded Supply Products 81,798.27 92,084.00
Contract#15-08:Compost Site Tank Installation
Bidder Base Bid
Gem Star 147,000.00
UAP 333,000.00
Evcntus Construction 214,000.00
Legacy Supply 225,000.00
WHEREAS,upon review of the bids for Contract#15-07:Compost Site Tank
Supply&Delivery,the Village Administrator and Village Engineer have determined that
the lowest base bid amount of$63,248 and Alternate A bid amount of$89,032 exceeds
the funding available for the project;and
WHEREAS,upon review of the bids for Contract#15-08:Compost Site Tank
Installation,the Village Administrator and Village Engineer have determined that the
lowest bid amount of$147,000 exceeds the funding available for the project.
NOW,THEREFORE BE IT RESOLVED,that all bids for Contract#15-
07;Compost Site Tank Supply and Contract#15-08;Compost Site Tank Installation are
hereby rejected.
July 28, 2015 R- 5
RESOLUTION
SETTING A PUBLIC HEARING ON A LOCAL LAW TO EXPAND THE
PERMISSIBLE LOCATIONS FOR PROFESSIONAL OFFICE USES IN THE
VILLAGE OF RYE BROOK
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law to
allow Professional Office uses on the easterly side of South Ridge Street between
Westchester Avenue and Bowman Avenue and on one lot in the R-15A Zoning District, on
the north side of Westchester Avenue at the northeast corner of the intersection with
Hawthorne Avenue; and
WHEREAS, Professional Office uses are currently allowed on lots within the R-2F
District on the north and south sides of Bowman Avenue and Westchester Avenue between
South Ridge Street and the Port Chester boundary line; and
WHEREAS, on May, 12, 2015, the Board of Trustees determined the proposed
action to be an Unlisted Action pursuant to the New York State Environmental Quality
Review Act (SEQRA); and
WHEREAS, on May 12, 2015, the Board of Trustees referred the proposed local law
to the Planning Board for report and recommendation and such report and recommendation
was adopted by the Planning Board and submitted to the Board of Trustees on July 9, 2015.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, as the
only involved agency with respect to the proposed action, hereby declares itself Lead Agency
for purposes of SEQRA pursuant to 6 NYCRR 617.6(b)(1); and
BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a public
hearing on September 8, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New
York, to consider the proposed local law; and
FURTHER RESOLVED, that the Board of Trustees hereby directs that, pursuant
to General Municipal Law � 239-m and the Westchester County Administrative Code, the
proposed local law be referred to the Westchester County Planning Department.
1313/08/54868211 7124115
LOCAL LAW AMENDING
CHAPTER 250 OF THE VILLAGE CODE
A LOCAL LAW to amend Chapter
250 of the Code of the Village of
Rye Brook regarding Professional
Offices.
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
Section 1. Chapter 250, Section 25, Subsection D, Item 1 of the Code of the Village of Rye
Brook is hereby amended as follows:
D. Uses permitted at discretion of the Planning Board pursuant to the procedure specified
in Article IV, X250-6H(1):
(1) Professional office space for use by, physicians, surgeons, dentists, attorneys,
accountants, insurance agents or similar professions, not residents of the premises, in
dwellings on the northerly and southerly side of Bowman Avenue between South
Ridge Street and the Port Chester Village boundary line, and in dwellings on the
northerly and southerly side of Westchester Avenue between North Ridge Street and
the Port Chester Village boundary line, and in dwellings on the easterly side of South
Ridge Street between Westchester Avenue and Bowman Avenue, presently zoned R2-
F, provided that there shall not be more than two such professional persons
occupying any one dwelling, and provided further that there shall be no hospital
facilities in connection therewith in any, case.
(a) Off-street parking space shall be provided for at least three cars for each
office or suite of offices of a given tenancy, or one car for every 300 square
feet of floor area used for such office purposes, whichever is greater, and the
public entrance to such professional office and parking for such office shall be
from Bowman Avenue. Westchester Avenue or South Ridge Street only.
(b) Signs, for the professional occupying the space, shall not exceed two
square feet in area, identifying a professional office.
CQ New structures and additions, renovations or modifications to existing
structures in which a professional office is located shall be designed to retain
the residential appearance of the building to preserve the existing residential
character of the neighborhood.
Section 2. Chapter 250, Section 20.1, Subsection D of the Code of the Village of Rye
Brook is hereby amended as follows:
D. Uses permitted at discretion of the Planning Board pursuant to the procedure specified
in Article IV, §250-6H(1): the same as in theme-5
(1) The same as in the R-25 District.
(2) Professional office space for use b�physicians, surgeons, dentists, attorneys,
accountants, insurance agents or similar professions, not residents of the premises, in
dwellings on the northerly side of Westchester Avenue between North Ridge Street
and the Port Chester Village boundary lam, presently zoned R-15A, provided that
there shall not be more than two such professional persons occupying any one
dwelling and provided further that there shall be no hospital facilities in connection
therewith in any case.
( Off-street parking space shall be provided for at least three cars for each
office or suite of offices of a given tenancy, or one car for every 300 square
feet of floor area used for such office purposes, whichever is greater, and the
public entrance to such professional office and parking for such office shall be
from Westchester Avenue only.
(b) Signs, for the professional occupyin the he space, shall not exceed two
square feet in area, identifying a professional office.
(c) New structures and additions, renovations or modifications to existing
structures in which a professional office is located shall be designed to retain
the residential appearance of the building to preserve the existing residential
character of the neighborhood.
Section 3. Severability. If any clause, sentence, paragraph, section, article or part of this
Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been rendered, and such
invalidity shall not be deemed to affect the remaining portions thereof.
Section 4. This local law shall take effect immediately upon filing with the Office of the
Secretary of State.
July 9, 2015 APPROVED 5-0
RESOLUTION
AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO
THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW EXPANDING
THE PERMISSIBLE LOCATIONS IN THE VILLAGE OF RYE BROOK FOR
PROFESSIONAL OFFICES USES
BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the
attached Report and Recommendation to the Rye Brook Board of Trustees on proposed
local law expanding the permissible locations in the Village of Rye Brook for
Professional Office Uses.
On motion by Amy Schoen, seconded by Robert Goodman, Mr. Michael Nowak,
Superintendent of Public Works, called the roll:
APPROVING THE REFERRAL RESOLUTION:
Ayes: Accurso, Goodman, Grzan, Schoen, Zuckerman
Nays:
Abstain:
Excused: Morlino, Tartaglia
REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING
BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW
EXPANDING THE PERMISSIBLE LOCATIONS IN THE VILLAGE OF RYE
BROOK FOR PROFESSIONAL OFFICES USES
I. APPLICATION OVERVIEW
The Rye Brook Board of Trustees is currently considering a local law which
would amend Chapter 250 of the Village Zoning Ordinance to expand the permissible
locations in the Village for Professional Offices Uses. Specifically, these uses would be
allowed on the easterly side of South Ridge Street between Westchester Avenue and
Bowman Avenue and on one lot in the R-15A Zoning District on the north side of
Westchester Avenue at the northeast corner of the intersection with Hawthorne Avenue.
At present, these uses are limited to lots within the R-2F District on the north and south
sides of Bowman Avenue and Westchester Avenue between South Ridge Street and the
Port Chester boundary line.
On May 12, 2015, the Board of Trustees referred the local law to the Planning
Board for consideration and a report and recommendation thereon pursuant to Section
250-14.B. of the Village Code.
II. DISCUSSION
The Planning Board discussed the local law at its meetings on June 11, 2015 and
July 9, 2015, during which Village consultants and staff also provided input.
The Planning Board feels the law recognizes a situation which has already become
the reality in this area of the Village where professional offices are common in residential
buildings. Expanding the locations where such uses can exist legally will benefit the
Village by encouraging local professional businesses.
The Planning Board is concerned, however, over the language that has been
carried over from the pre-existing code provisions concerning Professional Office Uses.
Specifically, the Planning Board feels that the restriction which limits the size of
Professional Offices Uses to not more than "two such professional persons occupying any
one dwelling" is ambiguous and may unduly limit the size of these uses. The Board
observed that many job functions which were traditionally considered non-professional,
such as nurses and assistants, may now be considered professions. The Board also feels
the intent of this provision is unclear in terms of whether it is meant to restrict the number
of"professionals" per business or the total number of persons working on the premises.
Thus, limiting a Professional Office Use to "two professional persons" may be an
outdated method of calculating the size of such a use and may be unduly restrictive.
Therefore, the Planning Board recommends that the Board of Trustees explore
alternative methods for calculating the permitted size of a given Professional Office Use.
One possibility is to base the permissible size of the use on the square footage of the
space that will be occupied in concert with the availability of required on-site parking.
This method is employed elsewhere in the Village Code and, therefore, it would be
logical to carry it over to these provisions as well.
-2-
III. CONCLUSION AND RECOMMENDATION
Based on the foregoing, the Planning Board finds that the local law will result in
an appropriate change in the Village's zoning regulations. Therefore, the Planning Board
recommends to the Board of Trustees that it approve the local law and, also, that it
consider further Code amendments consistent with the recommendations in this report.
Dated: Rye Brook, New York
July 9, 2015
On motion by Amy Schoen, seconded by Robert Goodman Mr. Michael Nowak,
Superintendent of Public Works, called the roll:
APPROVED AT THE JULY 9, 2015 MEETING OF THE RYE BROOK PLANNING
BOARD BY A VOTE OF 5- to -0
ACCEPTING THE REPORT AND RECOMMENDATION:
Ayes: Accurso, Goodman, Grzan, Schoen, Zuckerman
Nays:
Abstain:
Excused: Morlino, Tartaglia
-3-
NORTON ROSE FULBRIGHT
Norton Rose Fulbright US LLP
666 Fifth Avenue, 31 st Floor
New York, New York 10103-3198
VIA EMAIL: United States
July 20, 2015 Randolph I Mayer
Partner
Direct line+1 212 318 3383
Ms. Catherine Spinosa randolph.mayer@nortonrosefulbright.com
Deputy Treasurer
Village of Rye Brook Tel +1 212 318 3000
938 King Street Fax+1 212 318 3400nortonrosefuIbright.corn
Rye Brook, NY 10573
Re: Village of Rye Brook, Westchester County, New York,
Acquisition of Real Property of Approximately 0.24 Acre, Identified as Section 141.35,
Block 2 Lot 38 and commonly known as the Ramirez Property- $585,000 Bonds
File 10605967.
Dear Cathy:
In accordance with your request, we have prepared and enclose herewith the following documents:
(a) Bond resolution to pay the cost of the acquisition of real property of approximately 0.24
acre, identified as Section 141.35, Block 2, Lot 38 and commonly known as the Ramirez
Property. This resolution requires the affirmative vote of at least four of the five members of
the Board of Trustees and is effective immediately. Although the period of probable
usefulness of the acquisition of land is thirty years, we have limited the maximum maturity
of the bonds to five years to permit this resolution to take effect immediately. The Village
Board could lift this restriction in a future amendment to this resolution, but that amending
resolution would be subject to permissive referendum.
(b) Legal notice of estoppel, which must be published once in the official newspaper(s)
designated in Section 11 of the bond resolution. This publication can be made at any
time after adoption. (The form enclosed is for your use in submitting the legal notice of
estoppel to the printer and does not have to be returned to us.)
When available, kindly return to me the following:
(a) Certified copy of the bond resolution.
(b) Original printer's affidavit of publication of the summary legal notice of estoppel of the
resolution from the newspaper or newspapers in which the same was published.
Please do not hesitate to call if you have any questions.
Very truly yours,
Randolph J. Mayer
Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas.
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose
Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright verein, a Swiss verein. sP
Fulbright verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entit 1
regulatory information,are available at nortonrosefuIbright.com.
-2-
RJM:amm
Enclosures
68863328.1
10605063.25
At a regular meeting of the Board of Trustees of the Village of Rye Brook, Westchester
County, New York, held at the Village Hall, 938 King Street, in Rye Brook, New York, in said
Village, on July 21, 2015, at______ o'clock------M., Prevailing Time.
The meeting was called to order by , and upon
roll being called, the following were
PRESENT:
ABSENT:
The following resolution was offered by , who moved its
adoption, seconded by , to-wit:
68863328.1
BOND RESOLUTION DATED JULY 21, 2015.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $585,000 BONDS OF
THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO
PAY THE COST OF THE ACQUISITION OF REAL PROPERTY OF
APPROXIMATELY 0.24 ACRES, IDENTIFIED AS SECTION 141.35, BLOCK 2,
LOT 38 AND COMMONLY KNOWN AS THE RAMIREZ PROPERTY, FOR
POSSIBLE USE AS THE SITE OF A FUTURE VILLAGE HIGHWAY GARAGE,
IN AND FOR SAID VILLAGE.
WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter
described, including compliance with the provisions of the State Environmental Quality Review Act
to the extent required, have been performed; and
RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,
New York, as follows:
Section 1. For paying the cost of the acquisition of real property of approximately
0.24 acre, identified as Section 141.35, Block 2, Lot 38 and commonly known as the Ramirez
Property, for possible use as the site of a future Village highway garage, in and for the Village
of Rye Brook, Westchester County, New York, including incidental expenses in connection
therewith, a specific object or purpose, there are hereby authorized to be issued $585,000 bonds
of said Village pursuant to the provisions of the Local Finance Law.
Section 2. The estimated maximum cost of the aforesaid specific object or purpose is
hereby determined to be $585,000, and the plan for the financing thereof is by the issuance of the
$585,000 bonds of said Village authorized to be issued pursuant to this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is thirty years, pursuant to subdivision twenty-one of paragraph
a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds authorized will not exceed five years.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Village
68863328.1
-2-
Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall
be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the
provisions of the Local Finance Law.
Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New
York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds
as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable
in such year. To the extent such principal and interest is not paid from other sources, there shall
annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal
of and interest on such obligations as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name
of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature
of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed
thereon and may be attested by the manual or facsimile signature of the Village Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best
for the interests of said Village, provided, however, that in the exercise of these delegated powers,
he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be
a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application
of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining annual
debt service and all matters related thereto, prescribing whether manual or facsimile signatures
68863328.1
-3-
shall appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said
bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of
the Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated
official of the Village), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be determined by
the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not
to impose and collect from registered owners of such bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village
Treasurer shall determine.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are,
or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside
with respect to the permanent funding of the object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
(1) Such obligations are authorized for an object or purpose for which said
Village is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
68863328.1
-4-
(3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in
summary in The Journal News, a newspaper having general circulation in said Village, together
with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local
Finance Law.
68863328.1
The question of the adoption of the foregoing resolution was duly put to a vote on roll call
which resulted as follows:
------------------------ ------VOTING ---------
------------------------ ------VOTING ---------
------------------------ ------VOTING ---------
------------------------ ------VOTING ---------
------------------------ ------VOTING ---------
The resolution was thereupon declared duly adopted.
68863328.1
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
I, the undersigned Clerk of the Village of Rye Brook, Westchester County, New York, DO
HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the meeting of the Board of
Trustees of said Village, including the resolution contained therein, held on the July 21, 2015, with
the original thereof on file in my office, and that the same is a true and correct transcript therefrom
and of the whole of said original so far as the same relates to the subject matters therein referred
to.
I FURTHER CERTIFY that all members of said Board had due notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open
Meetings Law), said meeting was open to the general public.
I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public
notice of the time and place of said meeting to be given to the following newspapers and/or other
news media as follows:
Newspaper and/or Other News Media Date Given
68863328.1
-2-
1 FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice
of the time and place of said meeting to be conspicuously posted in the following designated public
location(s) on the following dates:
Designated Location(s) of Posted Notices Date of Posting
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Village
on July___, 2015.
Village Clerk
(CORPORATE
SEAL)
68863328.1
LEGAL NOTICE OF ESTOPPEL
NOTICE IS HEREBY GIVEN that the resolution, a summary of which is published
herewith, has been adopted by the Board of Trustees of the Village of Rye Brook, Westchester
County, New York, on July 21, 2015, and the validity of the obligations authorized by such
resolution may be hereafter contested only if such obligations were authorized for an object or
purpose for which said Village is not authorized to expend money, or if the provisions of law
which should have been complied with as of the date of publication of this notice were not
substantially complied with, and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of publication of this notice, or such obligations
were authorized in violation of the provisions of the Constitution.
A summary of the aforesaid resolution is set forth below. The resolution provides as
follows: that the faith and credit of the Village of Rye Brook, Westchester County, New York
(the "Village"), are irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable; that an annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year; that the power to authorize the issuance of and to sell
bond anticipation notes in anticipation of the issuance and sale of the bonds authorized by such
resolution, including renewals of such notes, is delegated to the Village Treasurer; that all other
matters, except as provided in such resolution, relating to the bonds authorized, including the
date, denominations, maturities and interest payment dates, within the limitations prescribed in
such resolution and the manner of the execution of the same and also including the
consolidation with other issues, and the authority to issue such obligations on the basis of
substantially level or declining annual debt service, is delegated to and shall be determined by
the Village Treasurer; and that this LEGAL NOTICE shall be published.
A summary of the bond resolution follows:
BOND RESOLUTION DATED JULY 21, 2015.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $585,000 BONDS OF THE
VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE
COST OF THE ACQUISITION OF REAL PROPERTY OF APPROXIMATELY 0.24
ACRES, IDENTIFIED AS SECTION 141.35, BLOCK 2, LOT 38 AND COMMONLY
KNOWN AS THE RAMIREZ PROPERTY, FOR POSSIBLE USE AS THE SITE OF A
FUTURE VILLAGE HIGHWAY GARAGE, IN AND FOR SAID VILLAGE.
The periods of probable usefulness of the aforesaid specific object or purpose is thirty
years, pursuant to subdivision twenty-one of paragraph a of Section 11.00 of the Local
Finance Law, but the maximum maturity of the bonds is limited to five years.
THE FULL TEXT OF THESE BOND RESOLUTIONS ARE AVAILABLE FOR PUBLIC
INSPECTION AT THE OFFICE OF THE VILLAGE CLERK LOCATED AT 938 KING
STREET, RYE BROOK, NEW YORK, DURING NORMAL BUSINESS HOURS.
Dated: Rye Brook, New York
July____, 2015
-----------------------------
Village Clerk
68863328.1
68863328.1
July 28, 2015
RESOLUTION
CONSIDERING A DRAINAGE EASEMENT AGREEMENT
WITH DORAL CONFERENCE CENTER ASSOCIATES
BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook
authorizes the Mayor and Village Administrator to sign and execute all necessary documents
to enter into a Drainage Easement Agreement with Doral Conference Center Associates for
the installation and maintenance of a drainage pipe and appurtenances thereto on and under
the easement area.
1313/08/598955x1 7123115
DRAINAGE EASEMENT AGREEMENT
This EASEMENT (this "Easement") made the day of 2015
between DORAL CONFERENCE CENTER ASSOCIATES, a
having offices at 975 Anderson Hill Road, Rye Brook, New
York 10573, (hereinafter "Grantor") and THE VILLAGE OF RYE BROOK, a municipal
corporation having its offices at Village Hall, 938 King Street, Rye Brook, New York 10573,
(hereinafter, "Grantee").
WHEREAS, Grantor is the owner of real property situate, lying and being in the
Village of Rye Brook, County of Westchester, and State of New York, known and
designated as Tax Parcel 129.26-1-46 on the Tax Map of the Town of Rye (the "Property"),
which Property is part of the Doral Arrowwood Golf Course; and
WHEREAS, the Property includes several storm water retention ponds; and
WHEREAS, Grantee wishes to install, construct, reconstruct, maintain, repair
and/or replace a drainage pipe and all necessary appurtenances and accessories thereto upon
and under the Easement Area on the Property, as described in this Easement Agreement, to
channel overspill and storm water from Anderson Hill Road into one or more stormwater
retention ponds located on Grantor's Property; and
WHEREAS, Grantor is desirous to grant to Grantee such an Easement for the
installation, construction, reconstruction, maintenance, repair and/or replacement of said
drainage pipe and accessories and appurtenances thereto, and to use such drainage pipe and
appurtenances thereto for the aforementioned purpose, subject to certain terms and
conditions as set forth in this Drainage Easement Agreement.
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantor and Grantee, Grantor hereby grants, releases and conveys to Grantee, the
following drainage easement ("Easement") and in connection therewith, the Grantor and
Grantee covenant and agree as follows:
1. Drainage Easement.
Subject to the terms, conditions and limitations set forth in this Easement, Grantor
hereby grants unto Grantee a 15-foot wide Easement on Grantor's Property for Grantee to
install, construct, reconstruct, maintain, repair, and/or replace, and for access to and use of a
storm water and overspill drainage pipe leading from a catch basin to be installed by
Grantee in the Anderson Hill Road right-of-way to the retention pond(s) on the Property.
Said Easement, including the area thereunder (the "Easement Area") and the drainage pipe
shall be as depicted and described on the Drainage Easement Map attached to this
Agreement as Schedule "A."
2. Construction work.
Grantee shall, as consideration for this Easement, purchase and provide to the
Grantor the drainage pipe to be installed on the Property. Grantor shall install the pipe to
the satisfaction of the Village Engineer. Grantee shall construct and install the catch basin
and tie-in for the drainage pipe as described in Paragraph 1 above, which basin and tie-in
shall be in the right-of-way of Anderson Hill Road.
-2-
3. Maintenance of Drainage Pipe.
Grantee shall be solely responsible for the maintenance, repair and/or replacement
of the drainage pipe and all appurtenances and accessories thereto, once installed, and shall
restore any landscaping disturbed by any work it (Grantee) performs on the drainage pipe
and the accessories and appurtenances thereto in the future. Subject to the preceding
sentence, Grantor shall be responsible for maintenance of landscaping within the Easement
Area.
4. Prohibition from Structures.
Grantor, its heirs, successors and assigns, is hereby prohibited from blocking or
obstructing, above or below grade, the 15-foot Easement being conveyed to Grantee. To
accomplish that purpose, Grantor, its successors and/or assigns shall not obstruct the
Easement Area or install or plant any landscaping within the Easement Area and/or install
or construct any improvements or structures of any kind within the Easement Area, except
for a lawn, shrubbery or flowers or such other landscaping, as long as they do not penetrate
the underground drainage pipe or appurtenances or accessories thereto and/or interfere with
the installation, construction, maintenance, reconstruction, repair and/or replacement or
operation of the drainage pipe and all necessary appurtenances to be installed.
5. Grantee's Right-of-Entry
Grantor grants to Grantee the full and free right to enter upon and gain access to the
Easment Area, upon reasonable notice to Grantor, for the purposes of installing,
constructing, laying, maintaining, reconstructing, repairing and/or replacing and operating
the drainage pipe and all necessary accessories and the appurtenances thereto. Said right
-3-
shall not be exclusive, and Grantor shall stili have the right to freely access and use the
Easement Area, subject to the Prohibition on Structures set forth in Paragraph 4. Said
drainage pipe and all necessary appurtenances and accessories thereto shall only be installed,
constructed, reconstructed, repaired and/or replaced within the Easement Area, and shall at
all times be maintained within the Easement Area.
6. Easement Granted for Limited Purposes
The Easement is granted only for the purposes to allow the drainage pipe and the
necessary appurtenances and accessories thereto to be constructed, installed, maintained,
reconstructed, repaired and/or replaced or operated, and is not intended to grant a license
or an easement to Grantee for any other purpose. Neither Party shall tie any other pipe,
drain, conduit or similar conveyance into the proposed drainage pipe unless pursuant to
Modification of this Agreement in accordance with Paragraph 10.
7. Grantee's Obligation to Safeguard Access to Grantor's Property
Grantee, its successors and assigns, shall require the contractor(s) or its employees
who are in charge of later reconstruction, maintenance or replacement/repair of the drainage
pipe within the Easement Area, to make adequate provision to ensure that the access to the
Property shall not be obstructed during any such work. In addition, Grantee and/or its
contractor agree to safeguard any excavations with visible signs and barricades before it or its
contractor(s) shall enter upon the Property initially to commence any construction,
reconstruction, maintenance, repair or replacement work within the Easement Area.
-4-
8. Relocation of Easement
Grantor shall have the option to relocate the Easement and all improvements
associated therewith, at its sole cost and expense, provided that such relocation shall not
impair or adversely affect the purpose of this Easement. No such relocation shall affect any
term or provision of this Agreement.
9. Duration.
The terms, covenants and agreements herein contained shall inure to the benefit of,
and be binding upon the parties hereto, and their respective successors and/or assigns, and
all covenants herein shall run with the land affected hereby and shall be perpetual in
duration, and the Grantor shall execute and deliver any further documents necessary to
assure the Easement granted herein to the Grantee.
10. Modification.
This Easement shall not be modified or moved unless approved by Resolution of the
Board of Trustees of the Village of Rye Brook and accepted in a writing executed and
acknowledged by Grantor and Grantee and recorded in the Office of the Westchester
County Clerk.
11. Enforcement.
Grantor and Grantee shall have the right to enforce these covenants, restrictions and
rights by proceeding at law,or in equity. Failure by Grantor or Grantee to enforce any
covenant, restriction, or other right herein contained shall in no event be deemed a waiver of
the right to do so thereafter.
-5-
12. Other Approvals.
Grantee shall procure, at its sole cost and expense, any federal, state or local
approvals needed for the Easement and the drainage pipe. All such approvals, if any, shall
be made a part of this Easement and recorded herewith in the Office of the Westchester
County Clerk.
13. Assumption of Risk and Indemnification
Grantee agrees to assume all the risk of damage to or destruction of the overspill,
storm water runoff drainage pipe and accessories and appurtenances thereto through any
cause whatsoever while located upon and across the Property, and shall at all times fully
indemnify Grantor against all liabilities, claims, demands, suits, judgments, costs and
expenses by reason of the loss or damage to the property and injury or to the death of
persons whatsoever or whomsoever, in any manner arising from or growing out of, wholly
or in part, the design, installation, construction, reconstruction, maintenance, repair,
alteration, existence or removal of the overspill and drainage pipe and associated
appurtenances and accessories, under, across or from Grantor's property at the above-
described location.
14. Grantor's Obligation to Perform the Initial Installation
Grantee agrees to perform all reconstruction, maintenance, repair and/or
replacement of the drainage pipe within the Easement Area in a workmanlike manner, and in
each case, shall restore the Property to its condition prior to the performance of any
installation, construction, reconstruction, maintenance, repair or replacements. If Grantee
-6-
shall fail to do so, Grantor shall have the right to perform such restoration, in which event
Grantee shall promptly reimburse Grantor for all costs incurred in connection therewith.
15. Abandonment of Easement
Grantee, upon permanent abandonment of the overspill and drainage pipe and
necessary appurtenances and accessories thereto shall, at its sole cost and expense, promptly
remove the drainage pipe and all other associated appurtenances and accessories from the
Property and restore the Property to the condition that existed prior to the initial installation
of the drainage pipe and associated appurtenances and accessories. Upon abandonment,
Grantee shall execute and deliver an appropriate Easement Termination Agreement duly
executed in a form that may be recorded in the County Clerk's Office, Division of Land
Records, Westchester County.
16. Recordable Form
This Easement Agreement shall be executed by the Parties in a form that may be
recorded in the County Clerk's Office, Division of Land Records, County of Westchester,
and shall be recorded by the Grantee in the County Clerk's Office at Grantee's sole cost
and expense.
17. Governing Law
This Easement shall be governed and construed under and in accordance with the
laws of the State of New York.
-7-
IN WITNESS WHEREOF, the Parries hereto have caused this Easement
Agreement to be duly executed this _day of 2015.
DORAL CONFERENCE VILLAGE OF RYE BROOK
CENTER ASSOCIATES
By: By:
Mayor Paul Rosenberg
-8-
STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) ss.:
On the day of , in the year 2015, before me, the undersigned, a
Notary Public in and for said State, personally appeared
(DORAL CONFERENCE CENTER ASSOCIATES), personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) ss.:
On the day of , in the year 2015, before me, the undersigned, a
Notary Public in and for said State, personally appeared Mayor Pawl Rosenberg
(MAYOR, 'VILLAGE OF RYE BROOD, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
RECORD AND RETURN TO:
Keane & Beane, P.C.
445 Hamilton Avenue, 15th Floor
White Plains, NY 10601
Attn: Jennifer L. Gray, Esq.
-9-
srarruv o cnr ----- � �onmecrcu_ `1.
----- - - - - ------------------ --------------
-_ _ _ _ _ _ _ _ _
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July 28,2015 R-8
RESOLUTION
CONSIDERING A BID AWARD FOR
CONTRACT#15-14:2015 ROAD RESURFACING
WHEREAS,the Village of Rye Brook has solicited bids for Contract#15-
14: 2015 Road Resurfacing;and,
WHEREAS,on Tuesday,July 23,2015,the Village Administrator opened
three(3)sealed bids summarized below;
Bidder Base Bid
Montesano Brothers $890,600.00
ELQ $929,701.50
PCT $948,280.00
WHEREAS,upon reviewing the bids,the Village Administrator and Village
Engineer determined the lowest responsible bidder meeting all the requirements of
the bid document is Montesano Brothers for the Bid price of$890,600.00.
NOW,THEREFORE BE IT RESOLVED,that Contract#15-14: 2015
Road Resurfacing is hereby awarded to Montesano Brothers for the total bid price of
$890,600.00;and be it
FURTHER RESOLVED,that the Mayor and Administrator are hereby
authorized to execute and deliver all documents necessary and appropriate to
accomplish the purpose of this resolution