HomeMy WebLinkAbout1984-02-28 - Board of Trustees Meeting Minutes aj
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MINUTES OF REGULAR MEETING HELD FEBRUARY 28th 1984
AT THE VILLAGE OFFICE AT 8 PM. "
Present: Mayor Kabcenell, Trustees Meiskin, Nardi,
Harris, Zak, Attorney Kramer, Treasurer
Cortese, Clerk Smith.
Mayor Kabcenell opened the meeting with the Pledge of
Allegiance, acknowledging the donation of a new flag
from Mr. $ Mrs. Carl Miller of Bowman Avenue, made
necessary by the theft of the old one.
The first item of business was introduced.
PUBLIC HEARING REGARDING NO STANDING AND PARKING ON
BOWMAN AVENUE.
This has been discussed over the last several meetings,
and proposed Local Law # 1-1984 reads as follows:
PROHIBITED PARKING AND STANDING.
BE IT ENACTED THAT 61-15 be amended to add the
following language -
61 - is - 1
The following regulations prohibiting standing and
parking in the following areas are hereby established.
10. Bowman Avenue.
a) On South Side - between South Ridge Street
and Barber Place
b) On North Side - between South Ridge Street
and Division Street
c) On either side - from South Ridge Street,
west to Town of Harrison line.
The Mayor stated that there have been areas of prohibited
parking, however people waiting for someone to come out
of a store or bank have made an impossible situation,
causing a lot of congestion.
A motion was made by Trustee Meiskin, seconded by Trustee
Zak, and the discussion opened.
Trustee Nardi said that the Law did not seem to include the
most important piece, that is, from the Port Chester Village
line to a point past the Bank (Barclays) on the North side.
The Traffic Commission Chairman said the intention was to
cover this area, and the Public Hearing was adjourned until
the next meeting, so that the terms could be more clearly
defined.
AMERICAN HEART ASSOCIATION PRESENTATION.
Mr. Polar of the Heart Association made a presentation
to four Rye Brook Police Officers - Officers King (who
— accepted on behalf of all four) , Spizzirri, Matturo, and
Ramundo. Mr. Polar had given an intensive course in
CPR to the entire department, and Officers King and
Ramundo administered CPR to a victim of an automobile
accident who had stopped breathing, and transported her
to the hospital, saving her life. Officers Matturro
and Spizzirri responded to a call at 19 Hawthorne Avenue
where they found a 29 year old, drug overdose victim, who
had stopped breathing, and were successful in administering
CPR and saved the man's life.
Mr. Polar said that the award is easy to get, it takes a
lot of paperwork and investigation, and we can be very proud
of our officers.
The Mayor expressed his gratitude to the officers concerned
and stated that we have upgraded some of our equipment, and
0224
that Mr. Polar will be involved in training procedures.
FIRE STUDY REPORT.
The Mayor said that we had discussed the report at the
last meeting and several of the committee members were
asked to be present this evening in case there are any
questions.
Chairman Sid Miller summarized the report, stressing that
the recommendation is to continue and negotiate acontract
with Port Chester for next two or three years at least
and that they have nothing but praise and thanks for the
volunteer firemen. The report discussed the feasibility
of building a fire house on upper King Street, to be
manned by the Port Chester volunteers.
Ken Heller asked if there would be discussion held in
public about the feasibility of the fire house on upper
King Street, and will there be a final plan for a yes
or no vote. Mr. Miller explained that they had made
a report which was presented to the Mayor and Board of
Trustees, and it is up to them to take action or not.
Trustee Meiskin responded to a question of cost, by
'recalling that the final line figure was that we can
construct our own firehouse with two pumper trucks and
one aerial ladder plus seven career firemen, plus land
for a grand total ofapproximately $400,000, and we would
own it. Currently we are paying $310,00 to Port Chester.
The Pace Study had recommended that a new firehouse be
built in the upper King Street area to take care of the
proposed new construction, which is now a reality. -
The Committee proposal is that when - not if - we consider
a new firehouse, we should look seriously at that location
and have a company transferred up there. _..
Mr. Miller said that Port Chester was receptive to the idea,
because of several factors, and some of their buildings
needing considerable reapirs because of their age.
The whole project would be bonded for twenty years, which
. is standard for fire equipment.
Ken Heller asked Neils Hansen, former Fire Chief, how
lie would feel if Rye Brook broke away and established a
single station on King Street. Mr. Hansen responded that
Rye Brook is 3. 2 square miles and it would work.
Westchester County has a mutual aid plan, whereby other
fire districts would respond to calls when necessary.
There would be a lead man, a career fireman, to make
decisions, and career and volunteer fire personnel work
together.
Mayor Kabcenell thanked Mr. Miller, Mr. Hansen and all
the committee members, and said that he hoped they would
all continue serving the community in connection with
the Fire Study.
APPLICATION FROM ARNOLD GAMSON REGARDING PROPERTY ON
HILLANDALE ROAD.
Mayor Kabcenell read a letter from Mr. Gamson, dated
February 23rd, as follows.
"Please reserve time on the agenda for the forthcoming
meeting of the Village Board of Trustees scheduled for
Tuesday, February 28th to hear a request from my wife,
Annabelle Gamson and myself for confirmation of the fact
that we own two legally buildable lots on Hillandale Road.
This request is made following the written advice of the
Village Zoning Board of Appeals made by Mr. Blaiotta.
0225
We recently found the Amended Re-Subdivision Ma of
Byram Ridge, Rye Town Map N2931, file November 21,
1925 by the County Clerk) which shows that our land
on Hillandale Road is actually two building lots.
We would like to exercise our rigrt to use both lots
as they appear on the Re-Subdivision Map of 1925.
We would like confirmation by the Village Board of
Trustees that our lots are legally buildable prior '
to making any plans for the use of the land.
Included in this letter is a copy of the sections of
the Code that are applicable and a copy of the
Amended Re-Subdivision Map of 1925."
places not less than forty (40) feet in width. For the pur-
poses of this ordinance such lot must have an interior
angle of more than forty-five degrees (45°) and of less
than one hundred and thirty-five degrees (1350) pt the
intersection of the two (2) street lot lines. Any other lot
is au "interior lot." That portion of a corner lot in
excess of one hundred (100) feel from the widest street
on which the lot abuts shall be considered an Interior lot.
LOT, INTERIOR — A lot other than a corner lot.
LOT AREA — The total horizontal area included within
lot lines.
LOT DEPTH — The mean horizontal distance between the
front and roar lot lines, measured in the general direction
of the side Int lines.
LOT \v IDTII — The mean width of n lot measured at
riuln onclraju its depth.
LOT LINES — 'file prnprny liars bounding o lot ns
d,.flnrd heroin.
LOT LINE, FRONT— In the rose of a lot'abutling upon
Only one (1) strum, the line separating the lot from the
sterol; in the ense of any other lot, the owner shall. for
the purpose of this ordinance, Imve the privilege of elect.
ing i as the front lot line,
NONCONFORMING USE — A use of a building or of
land that does not conform to the regulations as to use
in the district in which it is situated, which use was
Initial at the time this ordinance or amendments thereto
br`nmr effretice.
NI HOOL — A "nursery school" is a school
&,signed to provide daytime rare or instruction for two
(2) or more children from two (2) to five (5) years of
age inclusive.
6610
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§ 66.8. Supplementary regulatiom — general.
The provisions of this ordinance shall be subject to such ex•
ceptions, additions, or modifications as herein provided by the
following general supplementary regulations.
A. Lots.
(1) Lots in two districts.
`Thera a district boundary divides a lot in one (1) -
ownership of record at the time when such line is -
adopted, regulations for the less restricted portion
of such lot may extend not more than thirty (30) feet
into the more restricted portion, provided the lot hes
frontage on o street in the less restricted district.
�(2) Dwellings on ,small lots.
A permit may be issued for the erection of a one.
family dwelling m, a lot or parcel for which a valid
conveyance or contract of sale has been executed and
delicen•d prier to the dale of the adoption of this
ordinance, nmw•'t h ctandine�t.at.the. aeon_ d;m
sinus of sl�nr pn reel are less Iha thaL.eenttirrd
or ),y,,dintr,et in rthich suchparcel or lot.1iw
..+-. ...-. iz�.�..m.-.-s
• Pruvidine (hal. all'J'pHs srtbnr s.and�thnr ..q,ir
menu are complied with, and providing such lot or
pared does not fall within the provisions of the fol•
lowing paragraphs: ,
(a) Where the owner of a lot or parcel smaller than
is required by this ordinance for the district in
which it lies, also owned or had under contract
to purchase at the time of the passage of this
ordinance, other lots or parcels contiguous
thereto, sucfi other lots or parcels. or as much
thereof as may be necessary, shall be combined
with the original lot or parcel to make a single _
conforming lot or parcel, whereupon a permit
fur the erection of a one-family dwelling may be
f817
isued, but duly for such ewebined lots or parcels
oven though their total be less in area than re-
quired by this ordinance for the district in which
they lie.
�b) Pequirrments of parogrnph '•a" above mey be
y:oivod its to any such lot or parcel of land which
hes been owned under n deed acquired not less
I h:m lice Idl years reiorr to the date of ndoPtmn
_ Il is ntd'pllLLce, or which is shownonnny
>uhdicision map duly rd and rvc( .IVdod.acus
`i_i`fit Ivo (5) years prior to the date of this
nrdinnnc°. _ 8cgviR5o 6,e N)nGu
GA.bre
ia) Fruumge un improved,street r,�quired. ly uq
So huihli S�.AP +'1.
ng p�a•mn shall Lr isd�„Fl`Iorr IF
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nnh•ss th,• tut upon which the .Iruelure is to be built
Iruun uu a dll'vel or highwny :w drfined in G•eti•u
°•SO.n of ill,- Tmcn Low, whin mreel or highway shall
Iosco be,•u ..nitoblr intprucad Io the sali,foeliou of Ilu.
19auniug Dnnrd as provided by the Town Law.
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The following excerpts from the minutes of the Planning
Board were read into the record.
October 27, 1983.
6, Gamson Subdivision -- a proposed subdivision map
was received. It would divide a single parcel on Hillandale
Road into two parcels. The new parcel would have a panhandle
shape, 65 feet wide at the curb and 400 feet deep (widening
out in the back to approximately 200 feet wide) .
The question was raised as to whether this new lot
conformed to the R-20 minimum width requirement of 125 feet. J
Mr. Lipman opined that the code referred to mean width, rather
than an absolute width. If this is the case, it appeared that
all of the statutory requirements of R-20 were met.
Mr. Lipman pointed out that under the subdivision
regulations, however, the depth of a lot should not normally
exceed 200 feet. This is, apparently, an effort to avoid
panhandle-shaped plots such as this one.
Mr. Kramer indicated that regardless of compliance
with the code, he was opposed to approval of this subdivision
on aesthetic grounds, as it would permit a panhandle-shaped
parcel. Oddly shaped lots such as this raised problems,
including the placement of one house behind another, and the
placement of one owner's backyard adjacent to another owner's
front yard. He pointed out that there was enough land
included for two standard side-by-side lots.
The Board agreed to ask Felix Fidelibus for his
input on whether there were any special land problems
involved, and how the building of a house on the proposed
new parcel would impact neighboring lots. The Chairman willI
also ask Mr. Gamson for a list of all neighbors within 500
feet of the proposed new parcel, so that the Board can send
out notices to them, telling them of the proposed change. "
Minutes of Meeting -- November 17, 1983
Present: Adler, Corwin, Lipman and Kramer
Gamson subdivision -- Arnold Gamson appeared. It
was explained that because the proposed subdivision did not
meet the Zoning Law (the average width of the larger lot was
under 125 feet) , Felix Fidelibus had not visited the site to
make a personal inspection; nor had any notices been sent
out to neighbors concerning the proposed subdivision.
Mr. Gamson introduced a second proposed subdisivion.
The larger lot was C-shaped. The Board calculated the average
width of the lot and concluded that it, too, was under 125 feet.
Mr. Gamson then proposed a third subdivision with
a lot line parallel to and virtually adjacent to the present
driveway. In this scheme, the larger lot would have 75 front
feet, spreading out to a much wider width at the back. This
lot had an apparent area of 44,375 square feet, a depth of
300 feet and a mean width of 350 feet, apparently complying.
The new plan will be forwarded to Felix Fidelibus
for his review and for his review of the site. Mr. Gamson
will be supplying the addresses of the adjacent property
owners to the Clerk's Office, so that notices of the next
meeting on December 15th can be sent out to them, in case
they would like to comment on the proposed subdivision. In
the interim, the Board members will be visiting the site to
get a first-hand look.
0229
Minutes of Meeting -- December 15, 1983
Present: Adler, Corwin, Lipman and Kramer
Gamson subdivision:
- - The Board took up, once again, the Proposal 3
submitted by Mr. Gamson.
A potential water problem was discussed. There
was a suggestion that a pond be built on the larger of the
lots, and that standards for the pond should be set. Felix
Fidelibus will be asked for his recommendations.
The owner indicated he would prefer having a
second driveway to avoid conflicts between the owners of the
two parcels, but that he would be willing to accept a common
driveway, if necessary.
Mr. Kramer indicated that his previous concern
with the panhandle nature of the spun off parcel was less
applicable to Proposal No. 3 than to Proposals 1 and 2.
Neverthelessr he felt that the new parcel would, once again,
raise this problem if there were an additional curb-cut and
a second driveway all the way down to the new home tucked
behind the original one.
The Board considered the possibility of seeking an
opinion from the Architectural Board of Review if its
jurisdiction would encompass this matter.
The Board will next meet on January 17, 1984 to
hear Clark Associates' report on its traffic study and then
aqain on January 26, 1984 to review the Gamson proposal in
light of Felix Fidelibus' comments and those of any
interested members of the community, including neighbors
getting notice of the proposed subdivision.
Mayor Kabcenell said that as he understands it this was
referred to the Zoning Board of Appeals by the Planning
Board and the ZBA felt it did not have jurisdiction in
this area on the advice of the Village Attorney, and
therefore it is appropriate to be before this Board.
Attorney Krasner said this is because Mr. Gamson came
forward with additional evidence and additional basis
for his request for relief. The request as she
understands it is now based on an existing subdivision
map and the lots which follow this existing subdivision
map lines, and this map is dated 1925 which pre-dates
the existing zoning law, so there is a different basis
for his application at this time. Under the existing
laws, which Mr. Gamson has properly circled for us, the
requirements that the lot conform with the existing
Zoning Code may be waived if there was a map in
existence prior to 1949.
Mr. Gamson acknowledged that two prior proposals, one
for a panhandle lot, and one to erect an accessory
building, were discarded, and this present proposal is
the one with which they would like to proceed.
Mr. Gamson said that right now he just wants confirmation
that he has a buildable lot, for a residence, and will
then decide if Ire wants to do anything with it.
Ms. Kramer said that the Board might be able to exercise
its discretion better if there were concrete plans for
the lot.
Trustee Meiskin- thought we should not be concerned with
what he will do with it, but just advise him if it is
legally acceptable and correct. Ms. Kramer said that
it is a non-conforming lot under existing laws, but the
Board does have the discretion to grant permission under
an existing sub-division map. Whether or not required
setbacks can be met will have to be considered and Mayor
Kabcenell though if it does not conform, then we will need
some recommendations from the Building Inspector.
Mr. Gamson said that many of his neighbors have houses
built on lots that are similar to his - task, Nelson,
Phillips, Numme, Evans, Blattner, Licare etc etc. , and
there is no problem conforming to the setbacks required,
simply a problem with the frontage required under present
zoning laws.
BMs. Kramer felt that the prerogative exists to allow a
building - whether we should say a building will be allowed,
or a building permit should be granted, which is a more
specific act is what she must address.
The Mayor suggested that the Board physically inspect the
area, and that we should follow procedures, and
circularize the neighbors for a subsequent meeting so that
they may all be aware of the fact that we may be taking
action.
Trustee Harris said he understood that Mr. Gamson's house
is located on lots 717 and BE, and the driveway is on 7E.
Mr. Gamson said they would make another curb cut, and
both buildings would use the same driveway, with an
easement, however his plan is not to sell the lot, but
simply to find out what their-rights are at this time.
Ms. Kramer said that what troubles her is - you do have
the right to apply to this board to allow a permit to be
issued - the statute is drafted in terms of "a permit may
be issued" and that is the way it deals with a specific
request for a specific building, and she realises that
the request is for something more abstract than that.
The statute only deals with the time one applies for a
permit. Mr. Gamson said that would be step No. 2.
Step No. 1 right now is determining whether it would be
appropriate for him the ask for a building permit.
Mayor Kabcenell said that we are going to have to ask
counsel to advise us whether we have the wherewithal
to provide a generic allowance for a building. If she
feels that a specific permit should be requested, then these
is no great merit to us holding this, so if you will let
us know, and let Mr. Gamson know, so that we can decide
how to go forward.
Mrs. Viola Nelson of: Loch Lane said that if the board
does intend to look at the parcels in the area, they should
keep in mind that their homes are at the front of their
lots and are not one behind the other, which is proposed
here. She pointed out that a prior application had been
for a dance studio 30 x 60, which is bigger than some people's
(rouses. She asked the Board to be very careful in their
consideration.
The Mayor said they would defer to counsel's report
whether or not we can declare this a buildable site
and it will be placed on the agenda for the next Board
meeting.
0231
CORRESPONDiiNCE.
Mayor Kabcenell read a letter from Jones, Lang Wooten
into the record. -
��^ a L,,Q5 Hanover Square
JV1 IGS � New York, New York 10004
O O 0 n Telephone:212 482-8210 Telex:427827
-- Chartered SU�Ym11 499 Park Avenue,New York,N.Y.10022
k100rrI1 bv9 Real ES1abBCbnsubrts Telephone:712-608-6181 Telex:475797
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uousraa,Las uxsus,sv.rx.wcnca,wweucrou,D.C.
January 10, 1984
Mayor Jack L. Kahcenell.
111 South Ridge Street
Rye Brook, NY 10573
Re: Royal Executive Park - Parking
Dear Mayor Kabcenell:
As managing agents of Royal Executive Park, a 270,000 square
foot office complex located on King Street , we are concerned
to remedy a parking problem which causes undue hardship to
both regular and handicapped users.
Tenant Security Ofricers have not been able to effectively
stop people parking in fire lanes and in addition occupying
spaces specifically designated for handicapped parking.
Accordingly, we request that the Rye Brook Police Department
be allowed to respond to these incidents on the understanding
that all fines levied against the vehicles are paid to the
Town of Rye Brook. -
We greatly appreciate your assistance in dealing with this
matter.
Very truly yours,
JONES LA WTOjP N
Oer J. hlundd-aye//�
P operty Manager
The Mayor said there is also a request from District 4
School District to provide in essence, a similar service
at the Middle School and at the Senior High School.
The Mayor stated that under State Law, the police can
respond to appropriately marked handicapped spaces on
-- private property.
In connection with the other part of the request, we have
to deal with the desire and the mechanism for the police
to issue summonses on private property.
Do we need a specific ordinance' for specific areas?
In what way do they have to indicate these areas?
We would also indicate that we will not pursue this
selectively - if the principal of the High School parks
in the wrong place, lie will also get a ticket.
liow do we deal with Fire lanes? Trustee Meiskin said
d2a,#2
the Port Chester Police Department covers that for the
Calder Shopping Center.
The Mayor said that we must first decide if we have the
right to do it and what to we have to enact in order to
make it legal and cover us.
Parking in a handicapped space is subject to a fine set
by the judge.
Trustee Nardi suggested that Attorney Kramer consult
with the Port Chester Village Attorney to see how they
handle it.
The Mayor summed up by. saying - Can we do it? Ilow do we
do it? Under what circumstances do we want to do it?
Trustee Nardi suggested that Attorney Kramer should
include any risks to the Village,
BUS SERVICE, TO ROYAL If XIiCU'I'IV4• PARK.
The Mayor reported that Ston Araujo, an employee of
MCI, who had requested Our intervention in trying to
get the Bus Service extended further along King Street,
to Royal Executive Park, had written a letter of thanks
for the asistance in making it possible. The Department
of 'Transportation has ;p ranged to reroute Bus 0 77 to MCI
On King Street .
TRAFFIC COHMISSWN. RIAIL)Wl.
Part of the Traffic discussion was held at the beginning
of this meeting in the Public Hearing.
Following are recommendations el' the Tral•fic Commission
to the village Board , dated February 24 , 1984 .
Village Board -
Village of Rye Brook
111 South Ridge Street
Rye Brook, NY 10573
Dear Sirs:
The Traffic Commission reconmiends the following with regard to the Rye
Ridge Shopping Center, pending proposals before the Board:
I
1. Proceed with the widening of 200 feet of Bowman Avenue west of
South Ridge Street.
2. Installation of new signalization system at Bowman Avenue and
South Ridge Street.
3. Installation of new signal at Franklin Street and re-alignment
of South Ridge Street entrance, only if a four-way intersection
results from the re-alignment. Additionally, if the light is
installed, we recommend closing the South Ridge Street entrance
and exit to 111 South Ridge Street and re-constructing them on
Franklin Street.
4. An immediate prohibition of left turns out of the Rye RidgeI,
Shopping Center from the nein entrance and implementation of
other traffic flow reconmendations from the recent AAA study
with regard to traffic flow inside the, shopping center lot.
This would include pavement markings, signs and channelization
as defined in the October 31, 1983 AAA recommendations proposed
on pages 7 and 8.
By recommending the four-way intersection at the proposed new Franklin
Street signal, we feel that maximum positive effect on the shopping center
turning movement will be realized.
023.E
The long term benefit at that location will be derive by precise move-
ment patterns northandsouth on Ridge Street and e=jwest out of
Franklin and the shopping center via a common control device. In addi-
tion, the four-way approach should provide more flexibility in making
future turning movement decisions.
The Traffic Commission, Village Board, residents of Rye Brook and
the Rye Ridge Shopping Center all want the same thing. We hope that our
recommendations will be considered along with other good suggestions
and an improvement plan implemented soon.
Respectfully submitted,
Joseph Pellino, Chairman
Rye Brook Traffic Commission
cdw
DISCUSSION RB BOARDING HOUSIi ORDINANCE.
The Mayor said that Rye Brook presently permits residents
to take in two boarders, other than family, and what we
may have a problom with is a definition of "family".
Attorney Kramer said she had discussed this with Building
Inspector PeliX Fidelihus, and he suggested that we
restrict occupancy of a single family dwelling to people
who are related by blood, marriage or adoption, or two
unrelated as a family. Two, in current mores, we would
have trouble stopping, three or more would be up to the
Board's discretion. They also thought that in order to
have non transient hoarders, the owner should have to live
in the building. 11 we wantedto permit an owner to lease
a home and then have additional boarders, that should be
done under a special permit. There should not be a
right to have a home owner lease to a family and then
have additional boarders. The Mayor question the
definition of "non transient.", and Attorney Kramer said
that means whatever we define it to mean - possibilities
could be three months or six months minimum, with a lease.
We might want to limit the number of non transient boarders
in any one structure. The way the law is written now, in
a two-family residence there could be four non transient
boarders and two families. It was Felix's suggestion
that there should really be no more than two non-transient
boarders in one structure. That could present some
problems as to who gets there first to get the boarders.
There have been cases where a fraternity or a religous
order wanted to occupy a residence, and the Board should
have the discretion to have excenti.ons, to allow either
non owner occupied boarders, or additional non transient
boarders with special circumstances - some sort of kinship
which is not within the normal definition of kinship.
02.34
Resident Kathleen Gioffre said that there is a house in ��,
her neighborhood where there are people moving in and
moving out regularly, and complaints about having an
illegal kitchen results in the kitchen facilities being
taken out, and then they go right back in again. She
has felt very uneasy, having a large family, and having
strange people coining and going; and having had to call
the police when a child is approached by one of these
persons offering them candy, and feeling very uncomfortable
about leaving the children with a sitter under these
circumstances.
Trustee Meiskin suggested that perhaps escalating fines
for repeat offenses of illegalities, and perhaps there
is a way to restrict the number of times during one year -
that an owner can take in a boarder in order to limit
turnover.
The Mayor clarified that we are talking about non-transient
boarders not boarding houses, which should not really be
permitted other than existing ones, because one and two
family dwellings do not really lend themselves to a transient
population
Trustee Nardi suggested that if we do not have the boarders
,registered, which everyone felt would be difficult, how do
we control the situation. Attorney Kramer felt that the
only way would be reports from neighbors.
The Mayor asked if it would not serve us if there were a
requirement that there be a register kept, indicating
comings and goings, which could be inspected only if
there were an investigation as a result of a complaint.
We should look to ways to be sure that when something
gets out of control, that we have a mechanism to investigate.
The process now will be for the Village Attorney to draft
an ordinance and have a subsequent Public Hearing for
anyone who wants to, to make a contribution. When the
Board is satisfied with the ordinance, then it will be
enacted. Perhaps there is some way where we could have
an internal registration which would enable us to check.
The Village Attorney said she would have a draft at the
Agenda Meeting on March 13th,' and we could then set a
hearing date.
The Mayor said Rooming Houses and Boarding Houses seems
to be an interchangeable term, and it seems we have very
little control. Attorney Kramer said that there is a
licensing reauirement—and suggested that we not allow
additional ones, and that we grandfather and license, with:
an inspection provision, the existing ones. Another
option if that we do permit it, but only with the approval
of the Board which would be excercised based on specific
factors, such as parking, spaces, trafficconsiderations
and compliance with all of the State laws which require a
certain amount of space. The Mayor suggested we could
deal with that by passing the first option, saying
exceptions would be at the discretion of the Board.
Attorney Kramer said the initial issue, is do we want
to have them at all? When question as to how many there
are, she replied she did not know if we have any, but
there are some residences with non-conforming uses but
does not know if they are licensed. There is no
licensing mechanism now, it is a permissible use in a
two family zone. '..
Trustee Nardi asked if we are at liberty to exclude them -
the answer was yes, however existing ones might be a
problem - grandfathering would allow them to remain, but
they cannot be improved, cannot be expanded upon, provided
they meet the State's minimum requirements.
0235
There would have to some :provision which deals with
Group Home type of facility, some of which is mandated
by State Law, which would supercede anything we might
pass, the Mayor thought. He would like to opt for
drafting an ordinance which calls for no additional
rooming houses, but calls for rather specific wording.
Attorney Kramer said the new Building F Fire Code from
the State has reference to rooming houses and non transient
boarders.
Trustee Nardi said that if we do have some existing -
_, rooming houses will be allowed to remain under permissive
use, he would like to see stiff fines and penalties for
violations, because some of them are apparently pretty
poorly run, Attorney Kramer felt that sometimes the
penalties can be too harsh, and the Mayor felt that the
escalating fine structure would be the way to go.
Trustee Meiskin asked if we shouldn't look carefully at
the existing ones before grandfathering them - Attorney
Kramer said they will have to meet inspection before
they will be given a license, and they can continue if
they conform to all of the restrictions we impose.
With an ordinance, if someone is running one without a
license, we can deal with it.
Trustee Meiskin suggested that if they are operated for
income production, wouldn't that make them commercial
property, and wouldn' t the tax assessor look at them
differently. -
VENDOR LICENSING.
There is a Rye Town Code which is titled HAWKING F,
PEDDLING which relates to this and there is also a
separate item which relates to SOLICITING, said the
Mayor.
What we want to do is clearly define the limits and the
parameters that will cover vending and vending licensure,.
and soliciting door to door kinds of activities.
We need a list of those items with which we are
concerned. As I understand it, soliciting is door to
door selling, peddling is selling from a wagon or a
pushcart, that is, vending but not from a fixed location.
Trustee Meiskin said that the present code has about
everything we want, if we go through it, such as registration,
procedures etc. We should consider what we would like to
ask.
Trustee Harris said there was no requirement that the
applicant meet Westchester County Board of Health standards.
Mayor Kabcenell cited a requirement for a $1,000 bond -
and wondered if that had been enforced at all. He
thought we should define whete these things would NOT
be permitted i.e. within so many feet of a school, .for
instance, or another commercial property; that they
may not stay in one location for more than, say, ten
minutes.
Attorney Kramer said the ordinance is extraordinarily
restrictive in that it requires a residence requirement
of six months.
Trustee Zak said he thought the Board should receive
copies of the present ordinance, so that they could read
it and discuss it further at the next meeting. Attorney
Kramer said she had information from other municipalities
which the Board could peruse.
u�so
The Mayor said he agreed with that and that we should
feed in specifics at a subsequent meeting.
Trustee Nardi asked for input from Chief Gendalia, and
from the schools.
It was agreed that the matter would be deferred until the
next meeting, but since this has been around for some time,
the Mayor wanted to have the specifics presented at the
next meeting.
PUBLIC HEARING - IIIS RYE BROOK OFFICE PARK AND PHASE' 117
ROYAL EXECUTIVE PARK
These were set for the next Board Meeting - March 27th.
RESOLUTIONS.
lSAL'ARIES.
Incremental increases for many of our employees were
pegged to January 1st date, because they were Town of Rye
employees and got salary increases based on a calendar
year. Our new employees were put on as of June 1st, and it
is our intention to move everyone on to a calendar year.
Therefore, there are a number of people for whom we would
like to make this salary adjustment which we would normally
have made on January : Ist.
On the motion of Trustee Nardi, seconded by Trustee
Harris,
RESOLVED that the following salary schedule for 1984
be adopted retroactive to January 1, 1984,
Frank Gendalia $41, 152
Felix Fidelibus ,$39,106
Donald Brown $30,374 -
Anthony Cerone $ZS,808
Stella Rathgob $20,192
Daniel Bologna - $19,070
Thomas Hroncich $21,300
Trustee Meiskin voting AYE .
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell votifig AYE
WESTCHESTER SHORE HUMANE SOCIETY.
On the motion of Trustee Zak, seconded by Trustee Nardi,
WHEREAS The Westchester Humane Society has provided
service to Rye Brook for many years, and
WHEREAS the Society is presently provising a radio
equipped patrol two days per week for the seizure and
impounding of all dogs found unlicensed or mrtagged
and running at large, as well as for lost strayed and
homeless dogs, and
WHEREAS the Society will provide the same service for
$14 ,500 in 1984,
THEREFORE BE IT RESOLVED that the Mayor be authorized
to sign a contract with the Westchester Shore Humane
Society for 1984 for a sum of $14,500.
023.7
Trustee Harris commented that Port Chester paid $25,000
and felt that the $14,500 was a large sum. He
suggested we compare hours, and try to find out, how they
determine the rates. The vote on this resolution was
deferred until a subsequent meeting. There was no problem
in doing this since the service is being provided and will
continue to be provided until we sign another contract
or ask them to terminate the service.
FAMILY SERVICE OF WESTCHESTER.
George Morrow explained that the Town of Rye provided in
their budget for 1984 for Family Service of Westchester
County; but the Village did not provide for it in our
current budget. However, the transaction is a wash,
the cost is approximately $13,000 and the Family Service
of Westchester would send the Village or Town approximately
half and we would apply to the State for the second half,
so that although we would have to put up some front money,
it would be returned to us, so there would be no cost
to us. Although the contract with the Town is on a
calendar year, there would not be a problem in picking
it up on our fiscal basis, and deal with it in the last
seven months of the year.
The service provides counseling service mainxly, and they
have not kept good records and breakdown of the various
communities, out they will do so in future. They keep
it now by census tract so that it is a little difficult
to provide formal breakdown of the communities.
At the Mayor's request, Tom Hroncich looked into it,
and they provide counseling for Social Services for anyone
that needs it. , youth and family combined. They also '+
sponsor and provide Big Brother and Big Sister part-time
._ workers for Rye Brook and they have a complete breakdown of
their costs based on the services they provide. This is
above and beyond what the County Social Services provide. a
Neighboring communities have this service, and the same
people servicing them would service Rye Brook, - they are -
currently servicing Town of Rye and Port Chester. __..,.... __._..!
The Mayor said it would make sense to put it .into our next
budget - it would still be in this calendar year, and at
the same time serve the needs. We can act on it now
and budget the payment for after June 1st. They are
anxious to do it, and we have been putting them off.
There would be no outlay by us in this fiscal year, and it
would be an Income Item and an Expense Item in the next
budget. Therefore, in the event that we can do it,
without interfering with our budget, the Mayor asked that
lie be authorised to sign the contract with Family Services
of Westchester.
On the motion of Trustee Zak, seconded by Trustee Nardi,
RESOLVED that the Mayor be authorised to sign the contract
with Family Service of Westchester on behalf of the Village
of Rye Brook.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
REFERRALS TO VILLAGE BOARDS.
Mr. Morrow explained that at the Mayor's direction,
applications that come into the Village office that need
site plan approval or subdivision approval are referred
to the Planning Board or Architectural Board of Review
administratively, however the Village Attorney feels that
we should also have a Board resolution referring these
items to the various Village boards, and this resolution
ratifies what we have done.
On the Motion of Trustee Harris, seconded by Trustee
Nardi,
RESOLVED that the following applications be referred
to the Planning Board for report and recommendation:
Rye Brook Plaza Inc. - Proposed Office Building, South
Ridge Street and Ellendale Avenue
Rye Town Hilton - Site plan approval for extension
to existing pool deck, build a raised
deck in three levels and placement of
two jacuzzis.
National Football Foundation $
Hall of Fame Inc. - Use of the residence at 3 Magnolia
Place as their professional office.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
The Village Attorney requested that a. meeting be called
to Canvass the vote in the upcoming Village Election to
f be held on March. 20th, and the meeting was set for March
-.�.f 21st 1984 at 6 PM in the Village Office.
The meeting closed with the Mayor requesting permission
of the Board to go into executive session to deal with
Possible litigation, at 10 30 pm.
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