HomeMy WebLinkAbout1983-01-25 - Board of Trustees Meeting Minutes y(
REGULAR MEETING OF THE VILLAGE. BOARD HELD JANUARY 25th 1.983
at the Port Chester High School at 8 p.m.
Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris
and Zak, Attorney Kramer, Clerk Smith.
The meeting was called to order at 8 pm by Mayor Kabcenell
and after acceptance of the minutes of the December 28th
meeting as presented, the first order of business was to
introduce the retiring Port Chester Fire Chief, Neils
R. Hansen, and to read the following proclamation.
WHEREAS, the Village of Rye Brook is desirous of
recognizing an outstanding citizen, and _..
WHEREAS, the Village of Rye Brook wishes to show il ..
gratitude for services to the people of the Village, and
WHEREAS Neils R. Hansen has served the people of the
Village of Rye Brook for more than twenty years as a
firefighter, and
WHEREAS Neils R. Hansen has served the citizens of Rye
Brook for the last two years as Fire Chief of the Village
of Port Chester, and
WHEREAS Neils R. Hansen has rendered meritorious service
in those capacities,
On the motion of Trustee Harris, seconded by Trustee Zak,
NOW THEREFORE BE I1' RESOLVED that the citizens of. the
Village of Rye Brook express their gratitude to Neils R.
Hansen for his outstanding service, and
BE IT FURTHER RESOLVED that February 5th 1983 be and
hereby is declared Neils R. Hansen Day in the Village of
Rye Brook, and
BE IT FURTHER RESOLVED that the Board of Trustees of the
Village of Rye Brook extend their heartiest congratulations
to Neils R. Hanson, his wife, Barbara and his entire family.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
A presentation was made on behalf of the Village of Rye
Brook to Chief Hansen and Mayor Kabcenell introduced the new
Fire Chief, Harry Hayes.
CORRESPONDENCE.
Mayor Kabcenell reported that he had received greetings from
Bob Frankel, the Mayor-elect of the newest village in New
York State - Wesley Hills - together with a request for
helpful information on how to prepare a budget.
Mayor Kabcenell introduced a letter from Rye 'town Supervisor -
Posillipo dated January 4th 1983 regarding the traffic
problem at the Rye Ridge Shopping Center. Nat Kramer of
the Planning Board had made a series of suggestions, and the
Supervisor has been working since 1981 to get the County to
respond to the need for a study. Mayor Kabcenell has also
been trying to get some: action, and read a letter dated
January 20, 1983 from Director Arthur Freed of the County
Traffic Engineering and Highway Safety Department stating
that they expect to complete the study this Spring.
Mayor Kabcenell requested the clerk to send a thankyou letter
to the District 4 Board of Education for the cooperation in
making the High School available for this meeting.
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Mayor Kabcenell gave a State of the Village Report as
follows.
"Now that a new year has begun and more than six months
have elapsed since the incorporation of the Village of
Rye Brook, I thought it would be helpful to briefly
summarize some of our experience and our present status.
I believe that the hallmark of this government has been
its willingness and ability to carefully and thoughtfully
evaluate the existing structures developed under the Town
of Rye Government and to react accordingly. The inherent
tendency to overreact to pressure groups and to the most
strident and repetitious critics has been carefully
avoided and decisions have been orderly and appropriate.
I am also proud that this board has been willing to
critically review its own actions and consider appropriate
changes.
We have maintained a respectful and positive relationship with
the Town of. Rye government and, consistent with this, we will
soon engage in a series of discussions to establish to what
degree the Town of Rye government will continue to provide
services to our village. In testimony to this cooperation,
the Town of Rye Board, at its last meeting, passed a resolution
to provide for the orderly transfer of real property to the
Village of Rye Brook. 'Phis resolution was the result of the
mutual efforts of both boards and is consistent with state law.
The resolution stated in effect "all real and personal property
paid for by the taxpayers of the unincorporated area shall
become the property of the village, upon the village assuming
the duties of administration and enforcement currently being
performed by the Town of Rye."
i
Cooperative discussions have also taken place with officials
of the Village of Port Chester and the Town of Rye regarding
the status of fire service for the Village of Rye Brook.
Both the short term continuance of the fine fire fighting
services of the Port Chester Fire Department have been
considered as well as long term considerations. A contract
should be forthcoming shortly.
In accordance with our desires to provide for direct
responsiveness to the residents of Rye Brook a Planning Board,
a Board of Architectural Review and (tonight) a Zoning Board
of Appeals have-been appointed. Through these entities, we
can continue an orderly approach to new development and
amendments to existing structures. With regard to other
boards and committees, it will be a responsibility of this
Village Board to study the rest of these entities which are
at present under the aegis of the Town of Rye to determine what
should be continued, eliminated or implemented and take the
appropriate action.
Requests by residents relating to routine matters of safety,
traffic, zoning and municipal services have -been responded to
- and appropriate action taken. Larger, more complex questions
P pertaining to existing and future traffic problems will need more
complete study. The most pressing of thrse at this time
relates to the area of the Rye Ridge Shopping Center and is
particularly acute with the imminent opening of the General
Foods Building. To this end, I look forward to a creation of
a Traffic Commission to concentrate on this aspect of our needs.
In an attempt to encourage attendance at Board Meetings, the
Village Board decided to hold its meetings at various locations.
It was hoped that residents might be more inclined to attend
meetings close to home. I don't believe that this has proven
to be sufficiently beneficial to overcome the disadvantages
of some confusion regarding where board meeting are held. It
seems that attendance at board meetings is essentially
T 7
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composed of a small group of people who come to all meetings
and other groups who come when there is an issue of
particular interest to them to be discussed. As a result of
our experiences, I look forward to the Village Board
reconsidering the sites of future board meetings with the
view of limiting the locations.
An interim village office has been established on the lower
level of the Ridge Street School, and we are grateful to the
Blind Brook Board of Education for their cooperation in this
venture. This office is used for agenda meetings, committee
meetings and the day to day administrative functions of the
village which include the maintenance and updating of village --
records and files, the treasurer's office, the Village Clerk's
office, meeting place for the Mayor and various functionaries
of the village, routine typing and duplicating for
administrative functions etc. At this point the office is
staffed by volunteers who graciously devote their time, on a
part time basis, to perform routine office matters. Now, as
the village assumes more and more of the functions presently
being performed by the Town of Rye, we must address the issue
of whether this kind of coverage is adequate or will need to
be supplemented.
Before I close this report, I would like to thank all of the
Rye Brook officials and appointees for their dedicated service.
The number of hours spent and the efforts that have been
required to start up a new government have been awesome.
Volunteers have given of their time and efforts freely, and
by this means, the cost of government has been kept down.
We are all in their. debt."
OLD BUSINESS.
VILLAGE OF RYE BROOK RULES OF PROCEDURE.
On the motion of Trustee Meiskin Seconded by Trustee Zak,
RESOLVED that the rules of proceedings of the Board of Trustees
of the Village of Rye Brook (hereinafter referred to as
"Village Board") be and the same hereby are promulgated to be
as follows:
1. REGULAR MEETINGS. Regular meetings of the Village Board
shall e el on the fourth Tuesday of each month, except
that if the fourth Tuesday is a. holiday, the meeting shall
be held on the next day. Regular meetings shall be called
to order at 8 pm. -
1. SPECIAL MEETINGS. Special meetings may be called by
the Mayor anC shall be called by him at the request of any
two Trustees by their giving the Mayor writt n notice thereof,
which written notice shall contain a statement of the purpose
for which the special meeting shall be called, and shallalso
state the date, time and place for the holding of such meeting.
3. NOTICE OF SPECIAL MEETINGS. The Mayor shall cause written
notice oTa special meeting to be left at the residence or place
of business of each member of the Village Board at least six
hours before the time for which such special meeting is called.
Such notice shall state the object for which such special
meeting is called and shall also state the time and the place
of the holding of such meeting. In lieu of the aforesaid method
of service of notice of a special meeting, the Mayor may cause
written notice of such special meeting to be sent to each member
of the Village Board by special delivery mail, directed to the
residence or place of business of the member, at least twenty-
four hours before the time for which the meeting is called.
Notice requirements may be waived by the written acknowledgement
of a Trustee that he had actual notice of the Special Meeting.
4. TRANSACTION OF BUSINESS AT SPECIAL MEETINGS. At
special meetings t e usiness to e trans�acte thereat shall
be only that stated in the notice of such meeting, except
that any other business may be transacted at such special
meeting by the unanimous consent of all the members of the
Village Board.
5. AGENDA. The Clerk shall prepare an agenda for each
regular meeting of the Village Board which shall list the
matters to be considered by the Village Board at such meeting,
and which shall include a reference to all communications and
other matters in writing, which have been received by the
Clerk, not later than noon of the sixth day preceding the
date of the meeting. Said agenda shall list the matters to
be considered by the Village Board insofar as is possible in
the order set forth in rule 6 (hereof) .
The Mayor may call a meeting of the Village Board to
establish an agenda for the regular meeting. An agenda
meeting shall be called by the Mayor at the written request _
of any two trustees.
The Clerk shall arrange for the delivery of a copy of the
agenda to each member of the Village Board not later than the
morning of the third day preceding the date of the meeting.
At any time, after 9 a.m. of the second day preceding the
date of each regular meeting, the Village Clerk shall during
regular office hours furnish to any person appearing personally
at the office of the Village Clerk, a copy of the agenda and
a copy of any communication or any other written document
which accompanies or is part of any item appearing on the
agenda. The person appearing and making such request shall
pay to the clerk the sum of 254 for each page or part thereof
requested by said person. The clerk shall not be required to
reproduce any documents or pages which are not readily
reproduced by the average copying machine.
Items not listed on the agenda may be considered by the
Village Board as new matters, however, no matter shall be
acted upon at a regular meeting of: the Village Board unless
listed in the agenda except by unanimous consent of all members
of the Village Board present at the meeting.
Items may be added to the agenda by any board member delivering
a written communication to the clerk, not later than 72 hours
prior to the meeting.
6. ORDER OF BUSINESS. The order of business at regular
meetings o tie i lage Board shall be as follows:
1. Roll Call.
Ia. Flag salute.
2. Public Hearings concerning Local Laws.
Introduction of the proposed law.
Statement by mayor and report of committees.
Discussion and action on proposed law.
3. Public Hearings concerning other matters.
Introduction of proposed resolution or ordinance.
Statement by Mayor and report of committees.
Discussion and action on proposals.
4. Old Business.
5. New business.
6. Action on non-agenda matters, subject to the unanimous
consent of the Trustees present at the meeting.
7. SUSPENSION OF REGULAR ORDER OF BUSINESS. The regular order
of business at a stated meeting may at any time be suspended
by the affirmative vote of two-thirds of the members of the
Village Board present at such meeting.
8. ORDER OF BUSINESS AT SPECIAL MEETINGS. The order of
business at special meetings of the Village Board shall be
as follows:
UI�>
1. Roll Call.
IA. Salute to the Flag.
2. Consideration of business specified in the notice
of the special meeting.
3. Consideration of other business, if unanimous
consent given by all members of the Village Board.
9. ORDER OF BUSINESS AT AGENDA MEETINGS.
1. Roll call.
la. Flag salute.
2. Discussion of agenda items suggested by members
of the Village Board.
3. Discussion of agenda items suggested by members
of the public.
At an agenda meeting, agenda items shall be voted on
by voice vote.
10. EVERY MEMBER PRESENT TO VOTE. Every member of the
Village Boar present at any meeting thereof, when a vote is
taken, shall vote for or against, unless excused from voting
by the Village Board. In the event of a roll call vote,
silence when a Trustee's name is called shall be deemed an
affirmative vote by the Trustee. Roll call vote shall be
called in alphabetical order of the last name of the Trustee.
The Mayor shall be the last one to cast a vote.
11. WITHDRAWAL OF MEMBER FROM MEETING. No member shall
withdraw from a meeting of the Village Board without the
permission of the Mayor.
12. ROBERT'S RULES OF ORDER REVISE➢ FOR DELIBERATIVE
ASSEMBLIES TO BE USED. All questions oTorder or
procedure of. the Village Board not herein provided for shall
be decided in accordance with Robert's Rules of Order Revised
for Deliberative Assemblies.
13. LOCAL LAWS. In introducing, presenting and transmitting
local laws-,--tTie following procedure shall be followed:
a) Every local law shall be introduced by a member or on
the report of a committee.
b) If a local law purports to change or supersede any
provision of an act of the legislature or to amend an
existing local law, it shall show all the new matter
underscored and all the matter to be eliminated in
brackets and when such local law is printed or reprinted
all new matter must appear in italics and all matter
.tosbe eliminated, in brackets.
c) Every local law introduced shall be deposited with the
Village Clerk and shall be read in its order of
introduction when the order of business "Introduction
of local laws" shall be reached.
d) The Clerk shall cause every local law immediately
upon its introduction to be copied (or printed) and
placed on the desks of the members; he(she) shall
number them consecutively as received. Such number
shall be retained as an introductory number. Each
local law shall also have a print (or draft) number, and
if the same is. printed (or redrafted) , the original
print (or draft) number shall be retained and there
shall be added its new print or draft) number.
14. COMMENTS BY MEMBERS OF THE PUBLIC. The Mayor shall
entertain comments as to the merits of any item on the
agenda, from members of the public, such comments to be
limited to statements not to exceed three minutes in length.
any statement not germane to the items on the agends shall
be out of order. The Mayor shall have the discretion to
withhold recognition of members of the public until the
agenda has been completed.
37
Any member of the public may request additional speaking
time by writing to the clerk 48 hours in advance of the
meeting. The granting of such additional time shall be
subject to a voice vote of the Village Board.
is. COMMUNICATIONS. No communications to the Village
Board shall be read at a regular meeting unless so directed
by the Village Board, which direction may be made by voice
vote.
The Mayor shall entertain a single motion to file, spread
and record separately on the minutes of the meeting, all
communications presented to the Village Board.
16. RECORDING OF PROCEEDINGS OF MEETINGS. No person
shall recor t e procee ings o the meetings of the Village
Board, or any part thereof, by electronic or any other type
of recorder, not with a "stenotype" or similar machine, nor
by motion picture, television or any other type of camera
or visual record, nor shall any person broadcast or transmit
the proceedings, or any part thereof, by radio, television
or any other means of broadcasting or transmission, without
having previously made application, in writing, to the Village
Board at least ten days in advance of the meeting for which
permission is requested and without having received specific
written permission therefore. This rule shall not be
construed to prohibit the making of notes by any person or
persons at such meetings, whether or not such notes shall
constitute a complete transcript of the proceedings, nor
shall this rule apply to the Village Clerk or to members of
the Village Board.
17. EXECUTIVE SESSIONS. Upon a majority vote of its total
membership, taken in an open meeting pursuant to a motion
identifying the general area or areas of the subject or
subjects to be considered, the Village Board may conduct an
executive session for the below enumerated purposes only,
provided however, that no action by formal vote shall be
taken to appropriate public monies:
a) matters which will imperil the public safety if disclosed;
b) any matter which may disclose the identity of a law
enforcement agent or informer;
c) information relating to current or future investigation
or prosecution of a criminal offense which would imperil
effective law enforcement if disclosed; -
d) discussions regarding proposed, pending or current
litigation; `
e) collective negotiations pursuant to article .fourteen
of the civil service law;
f) the medical, financial, credit or employment history of
a particular person or corporation, or matters leading
to the appointment, employment, promotion, demotion,
discipline, suspension, dismissal or removal of a
particular person or corporation;
g) the preparation, grading or administration of
examinations;
h) the proposed acquisition, sale or lease of real property
or the proposed acquisition of securities, or sale or
exchange of securities, held by such public body, but
only when publicity would substantially affect the
value thereof;
i) review or consideration of communications between the
Village Board and its Attorney;
j) deliberation or negotiations with respect to labor
agreements or related matters;
k) consideration of matters which would be likely to
affect the reputation of any private person;
1) any other matter which Federal or State Law permits
to be discussed in executive session.
Attendance at an executive session shall he permitted to
any member of the public body and any other persons
authorized by the public body.
Nothirgherein contained shall be deemed to preclude the
Village Board from meeting in executive session to
consider any other matter which for reasons of the public
interest requires such executive session.
18. The words he, him or his shall be deemed to refer to
singular and plural and to persons of any gender.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE -
Mayor Kabcenell voting AYE
Mayor Kabcenell stated that the purpose of the Board -
Meeting is to conduct legislative business of the village,
and hopefully get input from people who attend, or if they
cannot attend, by a note to one of the Board members.
The Agenda Meeting is to provide information as to what will
come up at the Regular mee.tings so that people who have an
interest may attend.
PUBLIC HEARING - ARCHITECTURAL BOARD OF REVIEW.
A resolution was passed at the last Board Meeting appointing
an Architectural Board of Review, but Attorney Georgia Kramer
felt that it is more appropriate legally to deal with this _
as a local law rather than just a resolution, and the same
resolution is being reintroduced to be enacted as a law.
On the motion of Trustee Zak seconded by Trustee Harris,
Local Law # 1-1983 Board of Architectural Review was
introduced, copy of which is annexed hereto.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE -
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE ---
APPOINTMENTS TO ARCHITECTURAL BOARD OF R1VIEW.
On the motion of Trustee Meiskin, seconded by Trustee Zak,
BE IT RESOLVED that the following appointments to the
Rye Brook Architectural Board of Review shall be made
and shall be for the term indicated, ending May 31st.
Walter Niles, Chairman. . . . . . . . . . . . .1983
Dominic V. Accurso. . . . . . . . . . . . . . . . .1983
Floyd Caplan. . . . . . . . . . . . . . . . . . . . . . .1984
Edwin A Sprunger. . . . . . . . . . . . . . . . . . .1984
John Maiello. . . . . . . . . . . . . . . . . . . . . . .19851,
Alan Briskman. . . . . . . . . . . . . . . . . . . . . .1985
Amerigo Liberati. . . . . . . . . . . . . . . . . . .1985
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE _
Mayor Kabcenell voting AYE
I
APPOINTMENTS TO ZONING BOARD OF APPEALS.
On the motion of Trustee Meiskin, seconded by Trustee Harris,
BE IT RESOLVED that the following appointments to the
Rye Brook Zoning Board of Appeals shall be made and shall
be for the term indicated, ending May 31st.
William Castaldo. . . . . . . . . . . . . . . . . .1983
Rosalind Klem. . . . . . . . . . . . . . . . . . . . .1984
Louis Blaiotta, Chairman. . . . . . . . . .1.985
James R. Sapione. . . . . . . . . . . . . . . . . .1.986
Salvatore Cresenzi. . . . . . . . . . . . . . . .1987
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate now matter.
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(KK Rye Brook:,
". 1fdlaYil oL...........................................................................................................................
Village
1 83
Local Lew No........................................................... of the year 19...........
Alocal law.................Board....of AtRi
...............rchitec..........................ural............ev........ew................................................................................
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Boardof Trustees ............................I.............of the
Be it enacted by the ................................................................................................
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of..............................Rye...........Brook..................................................................................................................... as follows:
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Village
SECTION 1. Findings of fact. The Board of Trustees of the Village
of Rye Brook finds that certain undesitable effects may arise from
an extreme design of buildings, structures or signs. Excessive
uniformity of nearby structures and excessive incongruity of a
building, structure or sign in proximity with more typical
buildings, structures or signs may adversely affect the
desirability of a neighborhood by reason of comfort, general
welfare of the inhabitants, stability of assessed valuation;
and further it may so depreciate the immediate vicinity that a
disproportion exists between the taxes and the costs of municipal
services.
SECTION 2. Purpose. The purpose of this law is to promote
-- and protect the health, safety, comfort and general welfare of
' the community by preventing excessive uniformity, poor quality
of design in the exterior appearance of buildings and excessive
incongruity of design of buildings, structures or signs in
proximity with more typical buildings, structures or signs,
to encourage the most appropriate use of the land, to promote
the public prosperity and conserve the value of buildings,
structures or signs and property.
011r'Ilf additional space is needed, please attach sheets of the same sin as this and number each)'
Page 1
SECTION 3• There is hereby created a Board of Architectural
Review which shall consist of seven (7) members who shall serve
without compensation. All members of the Board shall be residents
of the Village and shall be specially qualified by reason of
training or experience in architecture, land development, city
planning, real estate, landscape architecture or other relevant
business of profession or by reason of civic interest and
sound judgement to judge the effects of a proposed building,
N structure or sign upon the desirability, property values and
development of surrounding areas. The members of the Board
shall be appointed and the Chairman thereof shall be designated
by the Board of Trustees. The term of office of each member
shall he three(3) years, except that the initial appointments
of two members shall be for one year, of two members for two
years and of one member for three years. The Board of Trustees
shall have the power to remove any member for cause after
public hearing. Vacancies shall be filled for the unexpired
term of any member whose place has become vacant. The Board
of Architectural Review shall appoint its Acting Chairman
and Secretary.
SECTION k. Meetings of the Board of Architectural Review shall
be held at the call of the Chairman and at such other times as
the Board may determine, but shall be held within eighteen (18)
days of the date of any application for building permit referred
g to the Board as required in Section 5 of this local law. The
Chairman, in his or her absence, the Actine Chairman, may
administer oaths and compel the attendance of witnesses. A
majority of said Board shall constitute a quorum for the trans—
action of business. The Board shall keep minutes of its
proceedings, showing the vote of each member upon each question,
or if absent or failing to vote indicating such fact, and shall
also keep records of its examinations and other official actions.
The Board shall have-power from time to time to adopt, amend and
repeal rules and regulations not consistent with law or the
provisions of this local law, governing its procedure and the
transaction of its business and for the purpose of carrying into
effect the standards outlined in Section 6 hereof. Such rules
and regulations and amendments thereto, shall be approved by
the Board of Trustees, and a copy thereof shall be filed in the
Clerk's office.
SECTION 5. Every application for a permit for the construction,
reconstruction or alteration of, or addition to, the exterior of
any building, accessory building, structure or sign within the
Village of Rye Brook shall be referred by the Building Inspector
to the Board of Architectural Review within five (5) days of
the date of the application provided it conforms in all respects
to all other applicable laws and ordinances. However, any ...
application for a permit made in conformity with a variance
granted by any Appeal Board having jurisdiction shall not be
subject to the provisions of this section with respect to the
matter on which the Appeal Board has ruled. PA
LOTION 6. The Board of Architectural Review may disapprove
any application for a permit referred to it provided that such
disapproval shall be by the majority vote of Board members, and
provided that the Board finds that the building, structure or
sign for which the permit was applied would, if erected, be
so detrimental to the desirability, property values or
development of the surrounding area as to provoke one or more
of the harmful effects set forth in Section 1, by reason of:
(a) excessive similarity to any other building, structure
or sign existing or which a permit has been issued or to any other
building, structure or sign included in the same permit application,
facing upon the same street and within 250 feet of the proposed
site, in respect to one or more of the following features of
exterior design and appearance:
1, apparently identical facade;
2. substantially identical size and arrangement of "
either doors, windows, porticos or other openings or
breaks in the facade facing the street, including
reverse arrangement; or
3. other significant identical features, such as but
not limited to, material, roof line and height or other
design elements, provided that a finding of excessive
similarity shall state not only that such similarity
exists, but further that it is of such a nature as to be
reasonably expected to provoke one or more of the
harmful effects set D rth in Section 1.
(b) excessive dissimilarity nr inappropriateness in
relation to any other building, structure or sign existing or
for which a permit has been issued, or to any other building,
- structure or sign included in the same permit application facing
upon the same street and within 250 feet of the proposed site
in respect to one or more of the following features:
1. cubical contents;
2. gross floor area;
3. height of building or height of roof;
4. other significant design features such as
material or quality of architectural design;
provided that a finding of excessive dissimilarity or
inappropriateness shall state not only that such dissimilarity
or inappropriateness exists but further that it is of such a
nature as to be reasonably expected to provoke one or more of
the harmful effects set forth in Section 1 and that the finding
is not based on personal preference as to taste or choice of
architectural style.
SECTION 7. The Building Inspector shall refuse any permit
application disapproved as provided in Section 6. If the
Board of Architectural Review shall approve or fail to act on
any permit application referred to it under Section 5 with
thirty (30) days of the date of such application, the Board
shall be deemed to have approved said application.
Notwithstanding the above, the time limit can be extended to sixty
(60) days if the Board of Architectural Review certifies that
such additional time is necessary because of the scope or
difficulty of the project.
P.� Q
SECTION 8. Any person aggrieved by the action of the Board
of Architectural Review in disapproving, a permit application and
of the Building Inspector in denying such permit because of such
disapproval may take an appeal therefrom. The appeal from a
disapproval of a permit application with respect to a one or two
family house, or an accessory building or structure relating to
a one or two family house or with resnect to a sign, shall be
to the duly constituted Zoning Board of Appeals of the
Nillage of Rye Brook, in the same manner as is provided for the
,ping appeals, and such Zoning Board of Appeals after proceeding
�`in the same manner as is provided for zoning appeals, and with the
same power and authority therein vested in passing upon appeals
before it under the provisions of law and Zoning Ordinance of the
Village of Rye Brook, and in the excercise thereof may reverse
or affirm the action of the Board of Architectural Review and of
the Building, Inspector. The appeal from a disapproval of a permit
application with respect to buildings or structures other than one
or two family houses and signs shall be to the Village Board
which shall consider the application de novo.
SECTION 9• The Architectural Board of Review shall consult with
and advise the Planning Board with res?ect to proposed
constructions and developments which are being, considered by the
Planning Board.
;ECTION 10. This Local Law shall take effect immediately.
Pl .c.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
A memorandum from Attorney Kramer explaining the function of
the Zoning Board of Appeals is on file with the Village Clerk.
Mayor Kabcenell thanked all the appointees on the two boards
for their willingness to serve, and thanked all of the
people who had expressed an interest in serving.
NEW BUSINESS.
The Board will enter into discussions with the Town Board
regarding services which will be provided by the Town and
which services the Village will assume, and Mayor Kabcenell
did not think the Board could open up any meaningful
discussion until the two Boards have met. Trustee Nardi
felt this should be done as soon as possible, Trustee Zak
said he would prefer evening meetings, not at 8.30 a.m. , and
the Mayor deferred further discussion.
Recreation - Trustees Meiskin and Zak represent Rye Brook
in discussions with the Town Recreation Commission. We
shall be establishing our own budget for recreation and will
discuss the possibility of starting our own recreation
department. The following report was read by Trustee Meiskin.
"I attended the January 4, 1983 meeting of the Rye Town
Recreation Commission as the Trustee liaison for Rye Brook.
Items under discussion by the Rye Town Recreation Commission
included:
A review of programs and participation of residents in programs.
Some programs were lauded as successful, while questions and
concerns were expressed related to some other programs. A
review of budgeting procedures, income and expense accounting
was discussed.
The Rye Town Recreation Commission stressed that Mr. Nugent had
been invited and his presence was requested for the 1/4/83
meeting in order to respond totheir questions about the program
budgets and procedures for accounting of revenues. They
were concerned about his absence.
A basketball program for Rye Brook residents had been discussed
and planned at the December meeting. Space, referees,
schedules and programming of this activity was requested of
Mr. Nugent so that the program would be in effect in January
1983. The Commission requested that the Rye Brook Committee
for Recreation establish a liaison with Mr. Nugent to implement
a basketball program. After the public meeting, an executive
session was held with the Rye Brook Trustee - items in this
discussion directly related to specific programs and personnel
in the programs.
(on 1/10/1983 Chairman Borelli stated that the basketball
program was implemented and was successful) .
The Rye Town Recreation Commission, composed of Sissy Sherlock,
Peg Fleischman, Joseph Camillo, .John Errigo, Mike Borelli, '
Harriet Balter and Ray Watkins, should be commended for their
voluntary contribution of time and effort these many years
to the people of Rye Town. These citizens voluntarily extend
themselves to work toward the betterment of our total community.
They have also expressed their further willingness to assist
Rye Brook as much as they can.
The following recommendation is hereby presented to the Rye
Brook Board - Establishment of a Rye Brook Recreation Committee
with Rye Town Commission as liaison."
The following letter from Trustees Meiskin and Zak to the Rye
Town Recreation Commission dated December 23rd 1982, was
read into the record.
December 23, 1982
Rye Town Recreation Commission
10 Pearl Street
Port Chester, New York 10573
Dear Chairperson:
The Village of Rye Brook trustees are considering the
establishment of a Rye Brook recreation program in the near
future. Currently, monies for recreation programs in the -
Village of Rye Brook are budgeted in the Town of Rye budget.
Approximately June 1 this budget reverts to the Village of
Rye Brook. In the interim months between then and now, the - -"
Rye Town budget lists a series of recreation programs that provide
for expenses and revenue. _
As the Village of Rye Brook becomes involved in the recrea-
tion program that may lead to absorbing the budget in the current
Rye Town budget, please be informed that at that time the Village
of Rye Brook trustees will request a complete audit of expenses
and revenues from January 1, 1983 to the date of responsibility
change. This audit will necessitate records, receipts, disburse-
ments, and all other factors relating to expenses and revenues
involved in recreation.
We respectfully request that the Rye Town Recreation Commission
inform their administrators and require that accurate records of
expenses and revenues be established in an accountable fashion for
this audit.
We are certainly available to meet with you and your adminis-
trators to discussthisat any time that is mutually convenient.
You /trul
wA/1
411ton Meiskin
lm Tr tee
cc: Nr. Stan Zak
Stan Zak
Trustee
The Rye Town Commission reports to the Rye Town Board and
the Rye Brook Committee would' report to the Village Board.
Trustee Meiskin said there was no commitment at this point
which way to go, separate or joint, and the way Mayor
Kabcenell understood it, was that the two groups should get
together to present its with a program as to where we should
go in terms of recreation. The next meeting was scheduled
for February 1st at 8 p.m. at Crawford Park. Mayor Kabcenell
suggested that the chairpersons of each group try to establish
a mechanism of getting together.
TRAFFIC,
The Mayor referred to correspondence introduced earlier in
connection with traffic problems at the Rye Ridge Shopping
Center which is now being addressed by the Town and the
Village, and rather than deal with these things as they
come up, he would like to develop a more formal way to deal
with our many problems. Perhaps the way to do it would be
to create a Traffic. Commission and this. Commission would he
charged with the responsibility of dealing with allof the
problems, e.g. the traffic light at Lincoln Avenue, and the
No Turn on Red sign, and dedicate their energies to the
matter of traffic - the problems we have now and perhaps
the ones they can foresee in the future, such as Upper
Icing Street. They could deal with the whole panorama of
things. Trustee Meiskin suggested we get people .from all
areas of the Village so that there would be local knowledge
of particular problems, such as Rye Ridge, Arbors etc.
Attorney Kramer was requested to prepare a resolution for a
Traffic Commission as an advisory board to the Village Board.
Resident Nelson Rodriguez stated that Port Chester appoints
a Police Sergeant as an advisor, Mayor Kabcenell said that we
would have to ask the Rye Town Board if we wanted to do that.
Resident Jim Sapione stated that New York State and Federal
Agencies provide funding for such projects.
Herb Adler of the Planning Board said that they always
encompass traffic studies in developments, requesting the
applicant to pay for a report by an expert.
Walter Niles Chairman for the Architectural Board of Review
questioned the fact that being paid by the developer might
influence the person doing the study to paint a picture to
suit the developer.
Resident Ken Heller, said the job of a Traffic Commission is
"after the fact", not a development problem.
Mayor Kabcenell felt that a Traffic Commission was needed to
have meaningful input, and seven people for 3-year staggered
terms was suggested.
PARKING AT POSILLIPO CENTER.
Mayor Kabcenell read a petition dated January 24th 1983
received from residents of the Garibaldi Place area regarding
parking at Posillipo Center, and since it requests a use change
for the Center, he recommended referring it to the Rye Town
Recreation Commission to see if they wanted to re-evaluate the
use.
"THE UNDERSIGNED AGREE THAT ANY PARKING ACCOMODATIONS
PROPOSED FOR THE POSILLIPO CENTER WOULD RESULT IN AN INFLUX
OF TRAFFIC DETRIMENTAL TO THE QUIET WELL BEING OF TETE
IMMEDIATE NEIGHBORHOOD. TO ALLEVIATE THE PARKING CONGESTION
WE RECOMMEND THAT THE CENTER BE USED NOT FOR PRIVATE
ENGAGEMENTS BUT FOR RECREATIONAL PURPOSES ONLY"
with 54 signatures. _
The parking problem had been referred to the Planning Board
and they had asked the Town Engineer to come up with some
recommendations, which he did as follows -
1. Purchase New York State Dept. of Transportation property
on Garibaldi Place to be used for parking.
2. Park on Posillipo Center property and utilize State
property for picnic area or open space.
Cost for purchase of the land ranged from $36,000 to $57,000.
Mayor Kabcenell referred the matter to the Rye Town Board,
and Trustee Nardi suggested putting it on the February 1st
agenda for the Recreation Commission meeting.
PLANNING BOARD MATTERS.
Two items were referred to the Planning Board -
1. A request for rezoning South Ridge Street from Bowman
Avenue to Westchester Avenue (R2F) to non-resident professional
use.
2. Appian Estates - one third in Rye Brook, two thirds in
Port Chester. Original submissions were made to Rye Town
Planning Board, which no longer exists, so it is now being
referred to the Rye Brook Planning Board.
YEAR END FINANCIAL REPORT. Period ended December 31st 1982 .
From Sidney M. Brandy Treasurer to the Board. of Trustees.
Copies of the report prepared by Treasurer Brandy were
distributed. In the absence of Treasurer Brandy, Mayor
Kabcenell read the report.
The Town of Rye has continued providing services (Police
and Fire Protection, Sanitation, Highway, Recreation etc.)
to the Village of Rye Brook. The Town has paid for these
services with funds raised by the 1982 tax levy against the
Village property owners. Presumably the Town will include
such expenditures and tax revenues in its 1982 financial
report.
The Village itself has incurred additional expenditures since
its incorporation in July 1982. Those expenditures totalling -
$15,769.41 up to December 31, 1982 consist of the following:
From July 7 to the election of the Village Board
on August 23, 1982
Compensation of acting Village Clerk $2,400.00
Telephone service 181.75
Expenses of village election - printing
and supplies, moving and servicing of
election machines, election inspectors,
legal notices 6,982.95
$9,564.70
From August 23 to December 31, 1.982
Treasurer - supplies 225.93
Clerk - Printing, office supplies etc. 517.53
Temporary services 50.00
Postage 40.00
Legal notices 251.48
Association dues 325.00
1,184.01
Law - attorney' s fees 1,666.68
Building - Telephone 579.36
Rent 1,650.00
Signs 98. 73 _
2,328.09
$6,204.71
Total expenditures $15,769.41
Included in the expenditures are amounts totalling $3,049.79
covering voter registration records, telephone installation
costs, highway and building signs and office filing equipment
which can be considered as not regular recurring expenses.
Payment of the expenditures of $1S,769.41 is being made by the
Town since the Village itself does not yet have cash funds.
The Village is accordingly indebted to the Town for these
expenditures. That amount together with similar subsequent
expenditures will be included in the determination of the
cash funds to be transferred by the Town to the Village
as of. June 1st, 1983.
Respectfully submitted,
Sidney M. Braudy, Treasurer.
Trustee Nardi thanked Treasurer Braudy for the job he is
doing, and resident Gene Strum thanked the Board for the job
they are doing without incurring unnecessary expenses.
A motion to accept the Treasurer's Report was made by
Trustee Nardi, seconded by Trustee Harris, and passed
unanimously by the Board.
Resident Viola Nelson questioned payment of bills and said she
would like to inspect vouchers. Mayor Kabcenell said that
Mr. Braudy would contact her when he returned from his trip.
HIGHWAY SIGNS.
Ten signs are already in place, and the State will be putting
signs on the Hutchinson River Parkway and on State roads.
The sign on Westchester Avenue for the Village of Port Chester
is non-conforming, and the Chamber of Commerce should be requested
to have it reproved, since they had installed it.
Mayor Kabcenell thanked Bernard Klem for providing the artwork
for the signs.
There was some discussion on a request for a No Right Turn on Red
sign for the Hilton Driveway, which will be installed, and there
is the likelihood that the sign on Lincoln Avenue will be removed.
DELINQUENT TAXES.
Attorney Kramer reported that delinquent taxes are owed to the
Town of Rye since we are not yet a tax collecting entity, and an
In Rem sale is in progress right now. The last day for redemption
of tax arrears is March 15th 1983, so it is being taken care of.
Rye Brook has nothing to do with it right now.
VILLAGE OFFICE SCHEDULE.
Mayor Kabcenell reported that staffing and maintenance will have to
be addressed by the Board. The people staffing the office now on
a volunteer basis, are doing routine secretarial work, typing, copying,
filing etc. There is not a great deal to be done, however as it
becomes increasingly apparent, there will be more to do as we take on
more responsibilities. Do we have enough staff? Are they distributed
adequately? These matters will have to be given further consideration
to see if we have sufficient administrative function in the Village
office. This will relate to the upcoming meetings with the Town Board
so we can delineate what the Town Board will be doing and what we will
be doing.
Mrs. Nelson suggested getting job resumes and descriptions from the
Town for what needs to be done. Mayor Kabcenell thought it was a
good idea, and that we might be able to use some of the Rye Town
employees.
INSPECTORS OF ELECTION.
On the motion of Trustee Meiskin, seconded by Trustee Zak, the
following resolution was introduced, .
WHEREAS the Board of Trustees, pursuant to Election Law Section 15-116
is required to appoint inspectors of election for each Village Election
district,
NOW THEREFORE BE IT RESOLVED that the Village Clerk be authorized to
appoint four election inspectors for each election district, and
BE IT FURTHER RESOLVED that the Village Clerk be authorized to
appoint alternative inspectors who shall assume the office of inspector
upon the unavailability or refusal of an inspector to assume or perform
his or her duties, and to provide any clerical help which may be necessary
in accordance with Section 15-116, and
BE IT FURTI-IER RESOLVED that such inspectors of election shall receive
as their compensation for all their services, the sum of $5.00 (five
dollars) per hour for each inspector.
The law states that two or four inspectors be at each polling place,
and although three would suffice, we must go with four, because two
would not be adequate.
The appointees are selected from people with experience, and others
who had responded to a newspaper article asking for applications.
All live in the Village of Rye Brook, and are non-partisan appointments
since the previous election did not have candidates from the two major
parties.
e
Trustee Meiskin voting AYE
. Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
LOCATION OF POLLING PLACES.
On the motion of Trustee Barris, seconded by Trustee Zak,
RESOLVED that at the next Village Election to be held on March
15th 1983, voting machines shall be used, said voting machines
being owned by the Town of Rye, and
BE IT FURTHER RESOLVED that if said voting machines are not
available, the use of paper ballots is hereby authorized, and
BE IT FURTHER RESOLVED that the Village Clerk be directed to publish
and post notices of such annual election in the manner provided by
Section 15-104, Sub.3 (B) and Sub.4 of the Election Law, specifying
the offices nominated for, the time and place of holding such election,
the hours of opening and closing the polls thereof, propositions to be
voted upon, to prepare all ballots, lists and other articles required
for such annual election under the provisions of the Election Law, and
to prepare the polling places for such election, and
BE IT FURTHER RESOLVED that the Village shall be divided in seven (7)
districts, the boundaries of which are described on the rider annexed
hereto.
FURTHER RESOLVED that the polls shall be opened at 7.00 o'clock in
the morning of March 15th 1983, and remain open until 9.00 o'clock
in the evening of said day.
FURTHER RESOLVED that the following polling places be designated for
the respective districts: _
District H 20 AJP Community Center, Garibaldi Place, Rye Brook
21 Port Chester Middle School, Main Lobby, Bowman Avenue
22 Blind Brook ILS, Main Entrance, King Street, Rye Brook
23 Ridge Street School Gymnasium, Ridge Street, Rye Brook
26 Port Chester Senior High School, Neuton Avenue side,
Rye Brook
27 Ridge Street School Gymnasium, Ridge Street, Rye Brook
29 Ridge Street School Gymnasium, Ridge Street, Rye Brook
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting.AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
Trustee Harris reported that he had checked with the Board of Elections
is White Plains, Town Clerk Fran Nugent and Don Brown, and we can save
the entire expense of having the movers stand by for the 14 hours, with
a truck and two people at a cost of $73.50 per hour, a total of $1029.00.
We will have two spare machines ready in the Town Garage, and if needed
Collins bros., Movers, will have them in place in one hour.
Mayor Kabcenell thanked Trustee Harris for his work and effort in this
connection. -.
REGISTRATION.-
On the motion of Trustee Zak, seconded by Trustee Harris, the following
resolution was introduced.
WHEREAS the Board of Trustees, pursuant to Section 15-118, Sub. 3(a,b,c)
of the Election Law, is required to designate the hours for the
registration of voters, and the date of registration being fixed by law
as the 10th day preceding the election, and
WHEREAS the Board of Trustees have determined that more than one-half
of voters qualified to vote at a forthcoming village election for
village officers were personally registered at the last preceding
general election other than a Village election for officers and that
:o
taking the registration for such forthcoming election in a single
place will be accomplished more efficiently and economically,
RESOLVED that in accordance with Section 15-118 (Sub.9) of the
Election Law, the places where the registration of voters are
normally held shall be consolidated into a single place as follows:
Ridge Street School - Lobby
FURTHER RESOLVED that a single Board of Electors be used for taking
the registration of each such election district, and
FURTHER RESOLVED that the Village Clerk be authorized to appoint
two election inspectors who shall serve on registration day, and
FURTHER RESOLVED, that if said inspectors of election are unable
to serve on registration day, that the Village Clerk be authorized
to appoint alternate inspectors, and
FURTHER RESOLVED that the inspectors of election of this Village
shall prepare a register for such election in the manner provided
by law and shall meet on the tenth day preceding the coming annual
election, to wit,
On the 5th day of March, 1983 at the Ridge Street School Lobby between
the hours of 12.00 o'clock in the afternoon of that day and 9.00
o'clock in the evening of that day, for the purpose of completing
said register for such election in the manner provided by law, and
FURTHER RESOLVED that the Village Clerk shall furnish the necessary
blank books, in connection withsuch registration and election at
the expense of the Village, and
FURTHER RESOLVED that the inspectors of election shall receive as
their compensation the sum of $5.00 (five dollars) per hour. -
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE:
ANNUAL RUN FOR H.E.L.P.
WHEREAS the Village of Port Chester has requested permission to use
certain portions of Village Roads for the Third Annual Run for H.E.L.P.
Road Race, using the same route that the Town of Rye Board had approved
for the 1981 and 1982 Road Race,
On the motion of Trustee Zak, seconded by Trustee Nardi,
BE IT RESOLVED that the Village Board grant the request of the
Village of Port Chester to use those portions of Upper King Street,
Hillandale Road, Loch Lane Circle, Beechwood Boulevard, King Street and
Tamarack Road, on Sunday April 17th 1983 for their Third Annual Run for
H,E.L.P. Road Race.
Trustee Barris voting AYE
Trustee Maiskin voting AYE
Trustee Nardi voting AYE
-- Trustee Zak voting AYE
Mayor Kabcenell voting AYE I
Nelson Rodriguez, resident, said there would be a meeting the next
day in the Port Chester High School Library in connection with the Race.
GREIVANCF. DAY,
On the motion of Trustee Meiskin, seconded by Trustee Zak,
RESOLVED that the Board of Trustees shall sit as a Board of Assessors
pursuant to Section 1406 of: the Real Property Tax Law on February 15th
1983, to hear greivances in relation to assessments at the Village Rooms
from 6 pm to 10 pm.
46
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
Mayor Kabcenell felt it was too late to start a discussion of where
future Board meetings should be held, and asked the Board to consider
for the next meeting where the most convenient place or places would
be. We mast bear in mind the possibility of handicapped residents,
and if anyone knows of someone who has a question, have them contact one.
of the Board members, and we will make sure that their requests get
prompt attention.
The next regular meeting was set for March 1st at 8 pm in rhe
Village Office, and the Agenda meeting set for February 15thf-rom
5.30 to 6 pm since the Board will be in session for Grei.vancc Day
from 6 to 10 pm. - Trustee Meiskin suggested that anyone unable to
attend the Agenda meeting at that hour, could submit in writing to
any member of the Board, any item to be placed on the agenda.
On the scheduling of mee-xug -around the community, Mayor Kabcenell
felt it had drawbacks, since there was some confusion with people
not knowing where the meeting would be held on a particular night.
Perhaps we should limit it to a couple of locations, so people will
know it is at one or the other. He suggested discussing this at
the next meeting.
Trustee Meiskin raised the subject of taxi licences in the Village,
and suggested the possibility of a Livery g Taxi Commission, to be
put on the agenda for the next meeting. Port Chester has placed a
moratorium on taxi licences and someone may apply to us in order
to be able to cover Port Chester. Trustee Nardi said that a new
licence has been issued by the Town Board for Rye Brook, and
understands however, that no more will be issued until a study has
been made.
Mayor Kabcenell thanked everyone for their attendance and the -
meeting was adjourned at 10.10 pm.
I