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HomeMy WebLinkAbout1985-04-23 - Board of Trustees Meeting Minutes ?� _. AGENDA VILLAGE BOARD MEETING April 23, 1985 1. Approval of Minutes 2• Public hearings a. Adjourned from 3/26/85. Special use permit to conduct a communicstian5'-'consult jag .bgsl2tes8 at$66 Westchester Avenue. Applicant: Sack & Shirley Tabchnick b. Adjourned from 3/26/85. Special use permit to conduct a communications consulting ij c} 4 business at 62 Bowman Avenue. l Applicant: Gary & Angela Stromberg c. Adjourned from 3/26/85. Subdivision of property at 20 Lincoln Avenue, Block 1.2, 5- Lot IB2 - IBA. Applicant: Charlotte Beleve 3. Communications a. Letter - Requesting g permission to use portion of Village streets r for annual run for IL E.L.P., May 5, 1985. P"1 4. Discussion a. Formation of a Cable TV Committee. b. Betsy Brown Townhouses - Planning Board minutes 3/8/85. '7 5. Resolutions a. 1985/86 Budget. $ b. Appointment of Police Sergeant. J J' 'A'70 MINUTES OF THE REGULAR MEETING OF THE_VILLAGE BOARD Hl---LD _ON APRIL 2'�RD, 1905 AT THE VILLAGE OFFICE,_ 111. SOUTH RIDGE STREET, RYE EROoM NEW YORK AT G PM. PRESENT: Mayor Kabcenell , Trustees Meisl::in, Nardi , Cresenzi Attorney Kramer, Treasurer Cortese, Cledrk Smith. PUBLIC HEARING - SPECIAL USE PERMIT APPLICATION TO CONDUCT A ECInF' F• Irei rGHING G1ND POTTING BLJS rN SG AT 5h6 WE�cHF,'zz�;,lt AVENUE RYE BROOK, Mayor Kabcenell - this is an application far a special use permit. This is an R2F zone, 2-family residential district, and there are special uses permitted at the discretion of the Village Board, and the one that relates to this possibility - "professional Office space for use by .physicians, surgeons, dentists, attorneys, accountants, insurance agencies, or similar professions, not residents of the premises" and it then stipulates specific streets, and Elie provisions that there shall riot be more than two professional persons Occupying any one dwelling, etc. Attorney Bruno Giuffre made a presentation on behalf of his clients Jack and Shirley Tabachnick referring to Section 66.25 of the Village Code as the basis for the application, and pointing out that there is ample room for off-street parking required. Mayor Kabcenell - The Planning Board recommended approval of this application before us, and the one which is to follow, and the addenda they put there, it should be rioted that the approvals constitute an expansion of the definition of "professional use" under the code. They also recommend that each applicant for a special use permit be considered individually and further that the Village Board set up an ongoing monitoring process of all special use permits that have been or will be granted in the future to prevent abuse. The Planning Board also recommended that a planning consultant be hired to-review the Master Plan for this entire area. We have asked Mr. Weidle to look at this area and give his recommendations as to whether the present zoning is adequate and look at possible changes. This application concerns i two family house, which will be utilised entirely for the purpose for which the permit is requested. This does not involve a change of zoning, it is simply a matter of the Board giving approval for- the L.rse proposed. On the motion of Trustee Meiskin, seconded by Trustee Cresenzi , RESOLVED that the application for a Special Use P'ermi't by Jack and Shirley Tabachnick, to conduct a Doak Editing business, with not more than two professional persons, at 566 Westchester Avenue, Rye Brook, New York, be approved, with the understanding that all of the related mechanical procedures, such as printing, binding, shipping and billion will be done at other locations. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 000471 F_UBLIC HERRING - APPLICATION FOR A SPECIAL USE PERMIT TO CONDUCT A COMMUNICATI OIVSCONSULTING_BUSINESS A62 BOWMAN AVENUES fiYE BROOKc EY GARY & ANGELA SJROPI_E-ERG._ Mayor Kabcenell - the Planning Board r-ecornmended that the Village Board approve the application for a special use Permit, providing that the use and occupancy of the premises be limited to the conduct of a communi.cit:ions consulting business by the applicants, Gary Shromberg and Angela Stromberg, as described by their attorney, Bruno Gioffre . in his cover letter OF September 24th, 1964. Mr. Gioffre made a presentation on behalf of the applicants, giving background and personal information. There was a question as to whether a subsequent owner could use the premises for some other kind of business, and the Village Attorney, Seorgia Kramersaid that the use by a new owner would have to be the same, and would be subject to the same restrictions. Trustee Meiskin - far Mr. Giaffre, in comparison to the ,prior presentation, you show One Special use permit. on Bowman Avenue - Mckoever. I know that the entire street- from the Fort Chester line down and in back, tends to be residential . If so, would we be creating an incursion and accelerating a process which we should be looking at inure carefully. Is this kind of acceptance on Our part, if we do accept, the beginnings OF what has happened on Westchester Avenue. Mr. Gioffre - in my opinion this would be a less intense i.rse than a two-family, residential use, where you have people coming and going at all hours. Mr. Schupp has an office, where his clients can park on Osborn Glace and in the rear, Mr. Stromberg would have off-street par4,inq on the site, .and will be preserving the appearanr_e of the premises. This building changed hands three times in the past three to four years, one use was a rooming house, with numbers of people occupying the premises far beyond what this occupancy would be, with usage confined to 9-5 and without weekend hour-s. Trustee Nardi - I thint: what is at stake here is the nature OF the neighborhood and whether or not we want to retain it as a residential one, or allow it to become professi ansl Mr. Carl Miller of Bowman Avenue made a rather lengthy statement that he would like to have the uniqueness of the area and the quality of life preserved He said that there were many cars parked at the premises which were currently being used for the purpose being applied for, and peop.'te coming and going at all hours of the day and night. He said that if there are 12 cars that means there are 12 people and that in his opinion it is a business office and if a business is to grow, there will he expansion, and there will come a day that they will come to the Board to put an an addition on the building. They have the property to do it. Once a change has taken place, it will never return to residential . Mr Gioffre - Mr. Miller has submitted information which is different from the information given to nre. I would like to have the opportunity to respond, but I need to compile the data needed to be able to do so. I drove around the area this afternoon and even took pictures, which show that there were no cars parked there. Trustee Cresenzi said he was there at Spm and there were five car's parked on the street. Other residents commented negatively on the activity at the premises under consideration. 00047e.', Trustee Nardi - it seems that this applicant as well as the first one tonight, have been operating their businesses Without a permit. Mr. Siof fre - bath of these pormiis received positive recommendations from the planning BOenrd qUite some time ago, but there has been a problem scheduling the public Hearings for Ono reason or another. Mayor Kabcenell - we were net aware of this before today, but if it is a transgression of the permit, the Village will exercise its prerogatives to resolve that as a separate issue. It is riot an appropriate time to deal with the first application, si rice the permit has been issued. I would like to adjourn this public Hearing to be reconvened on May 2Dth at the next regular meeting so that there can be further investigation of the situation . On the motion of Trustee Nardi , seconded by Trustee Zak, RESOLVED that the public Hearing on the application of Gary and Angela Stromberg for a Special Use Permit for 62 Bowman Avenue, be adjourned until May ^<Gth, 1985 at 8 p.m. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kahcenell voting AYE SUBDIVISION APPLICATION - CHARLOT=rE EELOVE O LINCOLN AVENUE, RYE BROOK. This is an application to create are additional lot Of 32,783 square feet in a R-12 zone. The Public Hearing was adjourned from March 26, because the attorney for the applicant had other obligations. The Planning Board's recommendation that the subdivision be approved was conditional upon the provision that there be no cars backing out on to Lincoln Avenue. If a curb cut were to be made in the stone will , there should be provision for a turnaround within 50 feet of Lincoln Avenue, or if the right of way would be used for access, the entrance should be wide enough to accommodate two cars. Richard Hale - of Lincoln Avenue, stated that Ken Heller, who was unable to he present, would not be agreeable to permitting use of the right of way, which leads to his property in the rear, as a means of access to the newly created lot. Attorney Drano Gioffre stated that the right of way is deeded. Mayor Kabcenell - it would certainly be more desirable to use the right of way. On the motion of Trustee Nardi , seconded by Trustee Zak:, RESOLVED that the subdivision application for property known as Block 12, Lot 192-BIA, by Charlotte Belove, 20 L>ncOln Avenue, Rye Brook, New York be approved, subject to not having a curb cut on Lincoln Avenue, and payment of a 3500 Recreation Fee, and the acceptance of these conditions by the applicant. Trustee Meiskin voting AYE Trustee Nardi voting AVE Trustee Cr'eeenZi voting AYE Trustee Zak voting AYE Mayer Kabcenell voting AYE 000413 PORT CHESTER RECREATION DEPARTMENT FIFTH ANNUAL RUN FOR H.E.L.F'. In a letter dated March 26th 1985, Superintendent of Recreation Charles R. Oubelman requested permission from the Village Board to use the same route through portions of the Village as has been used in the past. Permission was granted unanimously b y the Board. REPORT ON FORMATION OF CABLE TV COMMITTEE FOR RYE BROOK. Mayor Kabcenell read into the record, his letter of April 10 to Mr. Ira Birnbaum, of UA Columbia Cablevision, as follows. April 10, 1985 Mr. Ira Birnbaum UA Columbia Cablevision 26 Burling Lane New Rochelle, New York 10801 Dear Mr. Birnbaum: As you are aware, The Village of Rye Brook has been in contact with all of the involved parties in its effort to assume responsibility for the CATV Franchise now held by the Town of Rye. Resolutions have been passr.d by the Boards of the Town of Rye and the Village of Rye Brook consenting to this transfer and we understand from the CATV Commission that they have no objections. The present delay in this process seems to be the objection of your attorneys, based upon failure to hold a public hearing on this transfer. The Town Board had scheduled one in January but for some reason it was postponed. We have been informed that a public hearing is not a require- ment by the State Cable Commission. Since we have been unsuccessful in our endeavors in resolving the issue, we intend to proceed as follows: A committee will be formed, by the Rye Brook Board, to investigate and recommend a course of action on the following: 1. Appropriate legal action to actuate the transfer. . ,2.. The_.feasibility.,of.granting a CATV. ,Franebise in.the Village of Rye Brook to another company. 3. The course of action to be taken upon termination of the present franchise which expires in.five years. Since UA Columbia, among others, has not been responsive to this matter, and has seemingly toadblocked our efforts, we have no alternative but to take the above course of action and we are notifying you as a matter of courtesy. ' Sincerely, Jack Kabcenell Mayor JLK:rwf CC; Mr. D. Cfoffre, Supervisor, Town of Rye In our process of trying to transfer the Cable TV contract out of the Town of Rye to Rye Brook, and said action has been approved by both Boards, we seem to have run into a stumbling block, which seems to have been UA Columbia. Trustee Zak has reommended that we form a Cable TV Comoc.ttee to get on with the process of what would happen after we take over the franchise, and what should happen even now. 000474 j UE�CC UA - COLUMBIA CABLEVISION OF WESTCHESTER, INC. 26 Burling Lane, New Rochelle, N.Y. 10601 (914) 235-5821 April 12, 1965 Honorable Jack L. Kabcenell, Mayor Village of Rye Brook ' III South Ridge St. Rye Brook, N.Y. 10573 Dear Jack: This will confirm receipt of your letter of April 10th. I and attorneys representing our Company have written letters to your Village Attorney and the Town Attorney of the Town of Rye (see enclosed), advising you and the Town that our interest in any transfer was .in pro- tecting all rights and privileges that we may have under the franchise agreement. I do not recall our ever objecting to the transfer or attempt- ing to delay the transfer or to ask for a public hearing. We asked for prior notice of any public meeting, at which time sT transfer would be discussed or voted upon, so 1—tlaE a representative of the Company could attend. I am sure you can understand that we are simply trying to protect our rights and not to interfere in any of the procedures. I believe you unfairly accuse us of attempting to "roadblock" your efforts. May I suggest that you review the enclosed correspondence on this matter and if you find anything contrary to the above, I would be pleased to meet with you to discuss same. In the meantime, it would be appropriate for us, as requested in the past, to-have-on file a copyof any resolution that has been approved by the municipalities pertaining to transfer of the franchise. To this date F have received no such record. Sin/re t Irabaum General Manager ' IB/jf enclosure cc: D. Gioffre, Supervisor B. Herzweig, Esq. Mayor Kabcenell — we sent another set OF copies to them, and ' we intend to proceed with the creation of a committee which would address all of the aspects of our present situation and also the situation as it evolves when vie do take over the franchise. Trustee Zak stated that in conversation with Mr. Birnbaum he stated that the would not approve the transfer of the franchise. Mayor Kabcenell — we are going to proceed with the formation of a committee. The Board will consider the directions and the charge to the committee, and the members of the committee, and we will move on it at the next meeting or very soon. 00041b Resident Gene Strum reported on a conversation with the Town Supervisor- at the last Town Board meeting - STRUM: I believe that all cable TV franchise fees collected by the Town since 6/1/03 belong to the Village of Rye Brook. SUPT. BIOFFRE: I strongly disagree - the Town has no intention of paying this money to the Village. TOWN ATTY: The Town must rebate to UA Columbia, Town taxes collected, the Village would have to do the same. STRUM: There is still a loss to Rye Brook taxpayers by the Town keeping the money. SUPT. GIOFFRE: The Town will not pay the fees over to Rye Brook. Trustee Nardi - whatt needs to be done right now to effect the transfer - does it require the approval of UA Coli.mict Trustee Zak - it takes three things, a resolution of the Village Board, a resolution of the Town board, which we already have, and a letter from UA Columbia stating that they do not object to the transfer. For- some reason they don't want to give us the letter. BETSY BROWN TOWNHOUSES - CONTINUATION. MAYOR KABCENELL - a notice was sent to the neighbors stating that this matter would not be heard tonight, but that a new hearing date would he established. We are still awaiting more information from the developer. On the motion of Trustee Nardi , seconded by Trustee Zak, RESOLVED that the hearing on this issue will be held on May 2Bth, 1985 at B pm. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SCHEDULING OF PUBLIC HEARINGS On the motion of Trustee Zak, seconded by Trustee Cresenzi , BE IT RESOLVED that a Public Hearing be held on May 20th, 1985 at the Village Office at G p.m. to consider an Amendment to the Zoning Law concerning changes in permitted uses in one family residential district%. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Zak, seconded by Trustee Cresenzi , BE IT RESOLVED that a Public Hearing be held on May 28th, 1985 at the Village Office at 8 p.m. to consider an amendment to the Vehicle &< Traffic Law, in connection with NO PARKING near the intersection of Division Street and Westchester Avenue. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak: voting AYE Mayor Kabcenell volting AYE QQL}�7t� On the motion of Trustee Zak, seconded by Trustee Nardi , BE IT RESOLVED that a Public Hearing be held on May 20th, 1985 at the Village Office at 0 p.m. to consider an application for subdivision of property on King Street from Franel Management Corporation. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE APPOINTMENT OF POLICE SERGEANT On the motion of Trustee Nardi , seconded by Trustee Cresenzi , BE IT RESOLVED that Patrolman James King of the Rye Brook ` Police Department, be promoted to the rank of Sergeant, effective May 1, 1905. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell — based on Civil Service rules, we are obligated to review the three patrolmen who get the highest marks in the sergeant's exam and all three were very proficient, and bring great credit to the police department, but we are only in a position to appoint one. This promotion will fulfil our requirement of full staffing en every shift. APPROVAL OF THE BUDGET WHEREAS the Mayor submitted a tentative Budget to the Village Clerk on March 20, 1905, and WHEREAS this Board of Trustees met on April 9, 1985, as specified in the Notice of Public_ Hearing on the tentative Budget and heard all persons desiring to be heard thereon, On the motion of Trustee Meiskin, seconded by Trustee Nerdi , NOW THEREFORE BE IT RESOLVED that the tentative Budget as amended and revised and as hereinafter set forth is hereby adopted and that the amounts listed therein for payment of principal and interest on indebtedness and for the salaries and wages of officers and employees, are hereby appropriated for the objects and purposes specified, and BE IT FURTHER RESOLVED that the funds designated as Federal Revenue Sharing Funds be appropriated to the Fire Protection Contract payments. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE JTJ477 Mayor Kabcenell summarized as follows - Total Appropriations J 4,097,482 Revenues 899,70(l To be raised by Tax Levy 3, 197,7B2 Total Assessed Valuation 64,021 ,906 Tax Rate per Thousand T: of AV $ 49.95 This rate_ is lower than last year, and would have reflected a much lower rate, but we have several. expenditures which were formely treated as capital expenses, which we now including in operating expenses - approximately t140,000 - Purchase of police vehicles, road resurfacing, and data processing equipment. All of this translates to a approximately a 5.5% reduction. TAX LEVY On the motion of Trustee Nardi , seconded by Trustee Zak, BE IT RESOLVED that the 1985/06 tax levy be collected in two , payments; Two thirds (2/3) due June 1 , 1985 One third (1/3) due February 1, 1906 Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cre5en2i voting AYE Trustee Zak voting AYE Mayor Kibcenell voting AYE TAX WARRANT On the motion of Trustee Zak, seconded by Trustee Nardi , BE IT RESOLVED that the Village Attorney prepare a tax warrant directing Mr. James Jackson, Receiver of Taxes, to collect the total amount levied in the 1985/36 Budget as approved by the Village Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor k:abcenell voting-AYE OTHER BUSINESS Trustee Zak asked if something could be done about the posters and notice boards at the corner of Ridge and Bowman which looks terrible. Mayor Kabcenell - it has become a community bulletin board, and I would like to see if we can do something to improve things, perhaps get some recommendations on how to make ii: less objectionable. Perhaps the Architectural Board of Review could be helpful . The meeting was adjourned at 11 pm. J