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HomeMy WebLinkAbout1983-04-26 - Board of Trustees Meeting Minutes REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 26th, 1983, AT THE POSILLIPO CENTER AT 8 P.M. Present: Mayor Kabcenell, Trustees Nardi, Harris, Zak, Treasurer Brandy, Attorney Kramer, Clerk Smith. Absent: Trustee Meiskin The minutes of the March 22, 1983 Meeting, were adopted as submitted. CORRESPONDENCE. The Port Chester/Rye Independence Day Committee requested permission to display fireworks on July 4th at the Port Chester High School Stadium. On the motion of Trustee Nardi, seconded by Trustee Harris, RESOLVED that the Port Chester/Rye Town Independence Day Committee be granted permission to display fireworks at the Port Chester High School Stadium on July 4th, 1983. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT PROCLAMATION. May — Mental Health Month. On the motion of Trustee Harris, seconded by Trustee Nardi, WHEREAS excessive mental stress relating to current problems such as unemployment, cutbacks in government support systems, nuclear world crises is a a serious and costly threat to the American people, affecting each and everyone of us to some degree, and WHEREAS stress can result not only in depression, anxiety, emotional disorders and mental illness, but also damaging phys icaI health, and WHEREAS rising health care costs make it more imperative that we pursue the goals of good mental health and the prevention of mental illness, THEREFORE BE IT RESOLVED that during May, Mental Health Month, Westchester citizens cooperate with the Mental Health Association of Westchester County, by thinking of and practicing ways to recognize, reduce and.deal with excessive stress and in addition support the Association in its efforts to inform the community about mental health issued and provide a wider range of services for the mentally ill. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zakvoting AYE "- Mayor Kabcenell voting AYE - Trustee Meiskin ABSENT COLUMBUS DAY PARADE. On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that the Columbus Day Celebration Committeebe granted permission to conduct a parade starting at the Rye Ridge Shopping Center, on October 9, 1983, with an October 16th raindate. ,7 Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin voting ABSENT Mrs. Harriet Halsey requested that the following letter be read into the record. 61 WINDING WOOD ROAD RYE BROOK, N.Y. 10673 APRIL 26, 1983 MAYOR J. KABCENELL RYE BROOK VILLAGE BOARD DEAR MR. MAYOR AND BOARD MEMBERS, I WOULD LIKE TO HAVE THE FOLLOWING STATEMENT READ AND PLACED AS PART OF THE RYE BROOK, RECORDS. ON APRIL 12, 1983 AT THE RYE BROOK BUGET REVIEW, I GAVE FIGURES TO YOU IN REFERENCE TO THE PLUMBING INSPECTOR'S POS— ITION. THE INFORMATION THAT I IMPARTED TO YOU WAS OBTAINED FROM RE- CORDS THAT ARE KEPT AT THE BUILDING INSPECTOR'S OFFICE IN RYE TOWN. MR. MEISKEN, IN HIS WISDOM, WAS PREPARED, AS HE STATED, THAT HE HAD DONE SOME "HOMEWORK" ON THE MATTER. HE STATED THAT IN MY NOTES I ALSO MOST HAVE THE SAME INFORMATION THAT HE HAD AND HE PROCEEDED TO ENLIGHTEN THE PUBLIC. THE INFORMATION THAT MR. MEISKIN GAVE IN REFERENCE TO THE — NUMBER OF VISITS THAT THE PLUMBING INSPECTOR MADE TO GENERAL FOODS AND ALSO HAD MADE AT LEAST THREE OR FOUR INSPECTIONS AT THE YET TO BE OPENED 'PIZZA AND BREW' RESTAURANT IN THE RYE RIDGE SHOPPING PLAZA. I WANT IT TO BE MADE PUBLIC-'KNOWLEDGE THAT THE RECORDS THAT MR. MEISKIN QUOTED WERE NOT AVAILABLE TO ME IN THE BUILDING INSPECTOR'S OFFICE. WHEN, ON APRIL 21, 1983, I ASKED MR. FIDELIBUS WHERE MR. MEISKIN OBTAINED HIS KNOWLEDGE OF THE PLUMBING INSPECTOR'S ACTIVITIES, I WAS TOLD THAT MR. NARDI MUST HAVE GIVEN IT TO MR. MEISKIN HIMSELF. IT IS MY UNDERSTANDING, AND IF I AM WRONG, I'LL STAND COR— RECTED BY MR. MEISKIN, BUT THESE RECORDS OF MR. FRANK NARDI'S WORK ARE NOT IN THE TOWN ROOM. I WOULD HOPE THAT IN THE FUT— URE, WHEN WORK IS BEING DONE FOR THIS BOARD, ALL RECORDS WOULD BE KEPT ON FILE IN OUR VILLAGE ROOMS. THE "HOMEWORK" THAT MR. MEISKIN DID, ACTUALLY CAME FROM MR. NARDI'S HOME, FOR THAT IS WHERE HE APPARENTLY KEEPS HIS RECORDS. MY INTEREST IN THE BUDGET IS ONLY TO SEE IF THERE IS ANY WRY TO SAVE THE TAXPAYERS MONEY. I SINCERELY HOPE THAT YOU ACCEPT MY SUGGESTIONS FOR CONSIDERATION IN THE TRUE SPIRIT THEY ARE GIVEN. 9�l�rl�Jtw�i��o, APPOINTMENT OF A FIRE STUDY COMMITTEE. Mayor Kabcenell — this is a committee to suggest the most effective and cost effective approach for fire protection for the Village. It is hoped that this study can be completed in a relatively short time so there will be ample time for us to take whatever action will be appropriate. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that there is hereby created a Fire Study Committee to evaluate the needs of the Village for fire protection and to evaluate alternative methods for providing same, and BE IT FURTHER RESOLVED that the following members be appointed to the Fire Study Committee to serve at the pleasure of the Village Board, SIDNEY MILLER NEILS HANSEN ' AL LATTANZIO SAL CRESENZI JAMES SAPIONE AND, BE IT FURTHER RESOLVED, that Sid Miller be Chairman of the Committee. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT RECREATION COMMISSION. Mayor Kabcenell - we had appointed five people in order to provide a forum, we are now completing the appointments. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that the following members be appointed to the Recreation Commission. John Errigo for a term ending April 1984 Diana Wendy for a term ending April 1984 Joseph Camillo for a term ending April 1984 George Kundmudler fo'r a term ending April 1985 Frank Albanese for a term ending April 1985 Harriet Salter for aterm ending April 1985 Barry Fischer for aterm ending April 1986 Michael Borelli for a term ending April 1986 Michele Mendicino for a term ending April 1986 and, BE IT FURTHER RESOLVED, that Barry Fischer be Chairman of the Commission. TRAFFIC COMMISSION. On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that the following members be appointed to the Traffic Commission. Nancy Horton for a term ending April 1984 Philip De Vries for a term ending April 1984 Charles Starkey for a term ending April 1984 Marcia Rogull for a term ending April 1985 Morton Belove for a term ending April 1985 Joseph Pellino for a term ending April 1986 George Piro - for a term ending April 1986 and, BE IT FURTHER RESOLVED, that Joseph Pellino be Chairman of the Commission. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT ADOPTION OF THE BUDGET FOR 1983/1984. A resolution adopting a Budget for the Fiscal Year commencing June 1st, 1983 and ending May 31st, 1984, making appropriations for the conduct of Village Government and establishing the rates of compensation for officers and employees for such period. 1 1,3 WHEREAS this Board of Trustees has met at the times and places specified in the notice of Public Hearing on the tentative budget, and heard all persons desiring to be heard thereon; now, therefore, On the motion of Trustee Zak, seconded by Trustee Harris, 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 of and interest on indebtedness and _ for the salaries and wages of officers and employees, hereby are appropriated for the objects and purposes specified. , Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE _ Trustee Meiskin ABSENT TAX RATE RESOLUTION. On the motion of Trustee Nardi, seconded by Trustee Zak, WHEREAS the budget for the fiscal year commencing June 1st, 1983 has been duly adopted and filed with the Village Clerk, and WHEREAS it has been thereby determined that the sum of $3,027,229.00 will be necessary to meet the obligations of the Village, and WHEREAS there has been duly credited as against said sum, appropriated revenues aggregating $1,551,300.00 and leaving $1,475,929.00, plus $37,000.00 for addition expenditures not included in previous Town tax levy, a' total of $1,512,929.00 to be raised by the levying of taxes, and WHEREAS it appears from the Assessment Roll of the year for the taxes for the fiscal year June 1, 1983, that the total assessed valuation of real property including special franchise in the Village is $56,990,970.00, said Assessment Roll having been duly confirmed; NOW THEREFORE BE IT RESOLVED that the tax rate for the Village of Rye Brook for the fiscal year commencing June 1, 1983 be and the same hereby is fixed at the rate of $26.55 on each $1,000.00 of assessed valuation; and BE IT FURTHER RESOLVED that the sum of $1,512,929.00 the same being taxes for the fiscal year commencing June 1, 1983 be and the same hereby is levied upon the taxable property in the Village of Rye Brook and that the Clerk be and she hereby is authorised and directed to extend and carry out upon the roll the amount to be f 4.? collected from each of the persons named thereon, and the respective amounts of said tax extended on said tax roll against each such parcel of taxable property set forth, thereon, be and the same hereby are levied upon each parcel of taxable property respectively which said levy includes items shown on the budget for the fiscal year commencing June 1 1983 heretofore adopted. Trustee Nardi voting AYE S Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT RECEIVER OF TAXES RESOLUTION. On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that the Receiver of Taxes of the Town of Rye be, and hereby is, appointed Receiver of Taxes for the VillageofRye Brook, and FURTHER RESOLVED, that the Village will pay to the Town _. as a fee for the services to be rendered by the Receiver of Taxes, one half of one percent of the taxes collected, and FURTHER RESOLVED that a Fidelity Bond in the amount of $200,000 in the form approved by the Village be posted. The Mayor explained that this is the same arrangement that Port Chester has with the Town and is for one fiscal year. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT TAX COLLECTION RESOLUTION. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that the Village of Rye Brook taxes during the fiscal year commencing June 1st 19$3 shall be collected in two equal instalments, the first instalment to be collected on June 1st 1983 , and the secondinstalmentto be collected on April 1st 1954. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting Aye Mayor Kabcenell voting AYE Trustee Meiskin ABSENT r7 INTEREST ON TAXES. - --.On the motion of Trustee Zak seconded by Trustee Q Nardi, RESOLVED that in the collection of taxes for the Village of Rye Brook for the fiscal year commencing June 1st 1983, for the first month or fraction thereof in arrears interest of 2f shall be charged after July 1st 1983, on the first half, with an additional 1% interest per month for each month or fraction thereof in arrears thereafter until paid, and for the second half, for the first month or fraction thereof in arrears a penalty of 2% shall be charged after May 1st 1984, with an additional 1,% per month for each month or fraction thereof in arrears thereafter until paid. Trustee Harris stated he was not comfortable with this, however Ms. Kramer explained that it really amounts to 12% p.a. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT CONSIDERATION TO JOIN NEW PROPOSED WATER DISTRICT. On the motion of Trustee Nardi, seconded by Trustee Harris, WHEREAS, the Port Chester Water Works, Inc. ("PCWW") requested that the Town of Rye, the City of Rye, and the Village of Portchester ("the Municipalities") designate PCWW as their agent for the purpose of purchasing water from Westchester Joint Water Works, Inc. ("Westchester Joint"); and WHEREAS, the Municipalities, in order to augment the water supply of PCWW and help insure an adequate supply of water, granted such agency status to PCWW on an interim basis as set forth in the resolution dated February 23, 1982 of the Town of Rye (copy annexed); and WHEREAS, the Municipalities, through their attorney, Andrew E. Zelman, authorized the South Road Transmission Main project as described in letters from Mr. Zelman to the Utility's counsel dated April 27, 1982, and in letters to Mr. Zelman from the Utility's counsel dated March 19, 1982 and April 15, 1982 (copies annexed); and WHEREAS, the municipalities filed a Petition dated December 8; 1981 (copy annexed) with the Westchester County Board of Legislators requesting formation of a County Water District pursuant to Article 5—A of the County Law; NOW THEREFORE BE IT RESOLVED that the Village of Rye Brock hereby ,joins in, adopts, and supports the grant of temporary agency status to PCWW as set forth in the attached Resolution of the Town of Rye dated February 23, 1982 and the attached copy of a letter from Andrew E. Zelman, Esq. to Norman Abell, Esq, dated April 27, 1982; and be it further RESOLVED, that the Village of Rye Brook hereby joins in, adoppts and supports the attached Petition dated December 8, Ml filed by the Town of Rye, the City of Rye and the Village of Port Chester with the Westchester County Board of Legislators, which Petition requests formation of a new County Water District pursuant to Article 5—A of the County Law. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE - Trustee Meiskin ABSENT ESTABLISHMENT OF A POLICE DEPARTMENT. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that there is hereby created a Police Department for the Village of Rye Brook to become operational on or about June 1st, 1983, and BE IT FURTHER RESOLVED that the Mayor is authorized to take all steps which may be necessary to carry out the terms of this resolution. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT ESTABLISHMENT OF A HIGHWAY DEPARTMENT. On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that there is hereby created a HighwayDepartment for the Village of Rye Brook to become operational on or aboutJune 1st, 1983. and, BE IT FURTHER RESOLVED that the Mayor is authorized to take all steps which may be necessary to carry out the terms of this resolution. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT ESTABLISHMENT OF A PARKS AND RECREATION DEPARTMENT. On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that there is hereby created a Parks and Recreation Department for the Village of Rye Brook to become operational on or about June 1st, 1983, and BE IT FURTHER RESOLVED that the Mayor is authorized to take all steps which may be necessary to carry out the terms of this resolution. Trustee Nardi voting AYE . Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT PUBLIC HEARING REGARDING St. Paul's SUBDIVISION APPLICATION There was some discussion, with Father Hewitt, Viola Nelson, Harriet Halsey and Anthony Gioffre, resultin,in a motion by Trustee Zak, seconded by Trustee Harris, RESOLVED that the application of St. Paul's Church for a subdivision for the property known and designated as Section 1, Block 8A Lot 4B in accordance with the plat on file in the Village office, be and is haeeby approved, and FURTHER RESOLVED that the Mayor is authorised to sign the subdivision plot. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell vating AYE Trustee Meiskin ABSENT 79�. OMNITEL SITE PLAN APPLICATION. n6.IV - On the motion of Trustee Zak, seconded by Trustee Nardi, WHEREAS, on December 9, 1982, the Board of Trustees of the Village of Rye Brook approved of the application of Omnitel Inc. to rezone its property located on Anderson -- Hill Road and King Street, and , WHEREAS, in its Resolution of Approval the Board of Trustees made the following findings: WHEREAS, the Board of Trustees of the Village of Rye Brook has given consideration to all of the information, comments and responses of the Environmental Impact Statement, and WHEREAS, the Board of Trustees now finds that the requirements of 6 NYCRR Part 617 have been met, and WHEREAS, consistent with social, economic, and other essential considerations from among the reasonable alternatives thereto, the action to be approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the Environmental Impact Statement, and, WHEREAS, consistent with social, economic and other considerations, to the maximum extent practicable, asverse environmental effects revealed in the Environmental Impact Statement process can be minimized or avoided by incorporating as conditions of site plan approval those conditions which are found necessary to minimize adverse environmental effects, and WHEREAS, the Board of Trustees has relied on the the following facts and conclusions in the Environmental Impact Statement: 1. The Propoeed land site is not a unique ecological wildlife area. 2. A buffer of existing vegetation supplemented by new planting will be retained along the perimeter of the property. Large specimen trees will be preserved wherever possible. 3. There will be additional traffic generated by La Reserve but it will be generated in predominantly off-peak hours. 4. There will be a substantial increase in storm- water run-off. The site plan has been designed to include several ponds which will function as storm water retention areas. 5. Impacts on air quality and noise resulting Primarily, from .an increase in traffic are expected to be minimal, 6. There will be short term impacts commonly associated with construction activities such as clearing of vegetation, increased runoff, soil erosion, noise, dust and a change in the visual character and quality of the site. WHEREAS, in making its determination this Board finds that the following social, economic and other factors and standards formed the basis for this decision; 1. The proposal is in accordance with the concepts of the Master Plan as amended. 2. Since the site is presently zoned to permit residential development, a zoning change from R-20 to H-1 would be required to permit the proposed use. However, the proposed use would be compatible with other nearby development. 3. The development will generate additional tax revenues. 4. The development will create additional jobs. WHEREAS, by letter dated February 14, 1983, Omnitel made formal application for site plan approval, which application was referred to the Rye Brook Planning Board for review and report, and . WHEREAS, the Planning Board met and discussed the application on March 3, March 16, and April 14, 1983, and WHEREAS, the Village's Planning Consultants, Frederick P. Clark Associates of Rye, New York, reviewed the site plan application and submitted reports thereon dated March 10, March 14, and April 11, 1983, recommending approval of the site plan with certain conditions, and WHEREAS, the Rye Brook Planning Board at its meeting of April 14th 1983, did recommend to the Board of Trustees that the site plan be approved, with certain conditions, which recommendation is contained in the minutes of the Planning Board, a copy of which is attached hereto, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees does hereby approve of the site plan application of Omnitel Inc. as shown on drawings submitted by Fuller and D'Angelo, P,C. Architects, designated A.I.A. and dated April 13, 1983, and BE IT FURTHER RESOLVED that as a condition to this approval a plat acceptable to this Board reflecting the subdivision and including the creation of a residential lot and the change in zoning shall be submitted to the Board of Trustees for approval prior to application for a building permit. Mayor Kabcenell read the following report from the Planning Board, Minutes of April 14th meeting. 3. A lication of Omnitel (La Richemond) -- John Kirkpatrick for eve oper. a oar rete ve a memorandum dated April 11, 1983, from Mr. Wiedle of Frederick P. Clark Associates. , discussing the details of the site plan submitted y Omnitel. A copy of the report is annexed to these minutes. Mr. Wiedle noted that at the recent meeting. of the County Planning Department, discussion of the new area road was only peripheral, with the bulk of the meeting devoted to possible widening of existing roads. To the extent that there was any discussion of the alignment of a proposed new area road, neither of the two proposals offered by planners at the meeting involved an alignment which might go through the Le Richemond site. One proposal terminated within the Largo' and Citicorp properties. The second continued southwest to intersect with Anderson Hill Road and ultimately link up with the Hutch somewhere near Lincoln Avenue. Ell Board members indicated that they had gone on record at that meeting as opposed to any area road which connected with King street, though. they generally favored the existence of such area road. . Mr. Wiedle was of the opinion that it was not necessary or prudent to encumber the omnitel property with any easement for an area road in light of these circumstances. Mr. Sachs, on behalf of Largo, London and Leeds, felt that the ultimate choice would be between a widening of Anderson Hill Road and King street or the creation of a new area road. He stated he would like nothing better than to have no exit on King Street, but only an area road. Nonetheless, he proposed that a site plan be adopted which provided for a right of way for an area road across the Le Richemond site, so as to connect it up with -� King Street. Mr. Wiedle said that nothing in the Le Riche- mond site plan that he has reviewed would inhibit the county from .doing precisely what it wanted to so, that is, either widening King Street or providing for an area road, as discussed above. On the question of whether the developer had obtained approval from Greenwich for a curb cut on King Street for a second entrance, Mr. Kirkpatrick indicated that he had hoped to go to Greenwich after the approval of the Board. The Board, Mr. Wiedle, and Mr. Kirkpatrick went through the site plan review details discussed at pages 2 - 4 of Mr. Wiedle's report of April 11, 1983. A. With regard to suggestion 2(C) , the Board did not believe that there should be a reduction in the amount of parking shown. - B. With regard to the perimeter wall, point 8 (A) , the Board agreed with Mr. Kirkpatrick on a 3y-foot stone wall. C. With regard to the proposal in 9 (B) , a submission of samples of major building materials, the Planning Board deferred to the expertise of the Village Architectural Review Board. D. It was suggested that the perimeter wall be set back approximately 20 to 25 feet from the King Street roadway, including such changes in the roadway as may be necessary to permit aturning lane at the Anderson Hill Road intersection. E. It was suggested that if an entranceway be built on King Street, that King Street be upgraded to have a left turn -lane at that spot to permit cars making left turns from King Street onto the site without blocking traffic. Mr. Wiedle indicated this would be ideal. F. The Board reiterated its view that it was .desirable to have an entrance on King Street, G. The Board indicated that the perimeter wall should be set back far enough so that should there be a widening of King street and/or Anderson Hill in the future, there still would be a reasonable setback between the roadway and the wall. John Kirkpatrick wa• to talk to Felix Fidelibus about making a special notation on the site plan to -take into account such. potential widening. It was moved that the Board accept the site plan marked AIA and dated April 13, 1983, subject to compliance with. Fred Wiedle's recommendations incorporated in his report of April 11, 1983, as supplemented and amended as set forth above. The motion carried 5-0. A report from Frederick P. Clark Associates dated April 11, 1983 in this matter was read, as follows. MEMORANDUM To: Planning Board village of Rye Brook From: Frederick P. Clark Associates Date: April 11, 1983 Subjects LeRichemond (LaReserve - Omnitel) Site Plan Review - 2nd Report We have continued our review of the site plan for the proposed five-star country hotel known as LeRichemond, to be located in an H-1 Hotel District on approximately 14.4 acres of land in the southwesterly corner of the King Street/Anderson Hill Road intersection. The site plan is shown on drawings submitted by Fuller L D'Angelo, P.0., Architects, dated March 1, 1903. The site plan includes two alternative plans, one with an entrance to King Street and one without, as well as landscaping plan, a utility plan and a topographic survey. Background On March 10, 1983 I submitted my preliminary report on this subject. I indicated that the site plan' presently under review is essentially the Game as that which was considered earlier for the zone change and the envrionmental impact review at that time. There are, therefore, no -surprises' in the present site plan insofar as the concept is concerned (general location of buildings, parking. areas, access drives, recreation facilities, landscaping, etc.) . Since my report the Planning Board has attended a joint meeting sponsored by the Westchester County Department of Planning to discuss the anticipated traffic-conditions and related road capacity needs in the Westchester Count; Airport area through 1990. At that meeting the County consultants, Howard. Needles Tamsen and Bergendorf pointed out that Anderson Hili Road and Ki% Street will probably need to be improved to four lanes adjacent to the LeRichemond project and that the King Street/Anderson .Hill Mead intersection shoulb be provided with a traffic signal. Widening to four lanes could be accommodated in a right-o£-way of 84 feet (see attached Figure 2.6 from County Technical Memorandum #2 01990 Conditions') '.- At the joint meeting the representatives of the several communities, in attendance were given the opportunity by the County to suggest various alignments which they would like to have the County study for a new road interconnecting with I-684 to relieve long range traffic congestion in the area. After considerable discussion the community representatives were not prepared to respond. In my opinion the alignment of such a future road will not be determined for some considerable timet I am not even sure at this writing that such a road will be needed when I consider that the road improvements suggested in the County's Technical Memorandum F2 would provide excess capacity in the area road system through 1990. In consideration of this it is my opinion that the LeRichemond site plan layout in generally appropriate and generally addressee this long range -boulevard- route , alignment adequately by providing ample. setbacks from King Street, Anderso Hill Road and the intersection of these two roads. It would be appropriate,- however, to show road reservation setback lines along both of these roads in anticipation of possible widening. These setbacks should be of Sufficient width to accommodate one-half of the 84 foot wide right-of-way needed fm four lane roadways (a 114 foot right-of-way will be needed on King Street al the Anderson Hill Road intersection to accommodate turning lanes) . Site Access The site plan presented has two alternatives: one alternative shows an entrance to King Street and the other does not. I merely wish to restate my earlier opinion that the King Street entrance will greatly improve the. circulation on the site, may lessen the impact of traffic produced by the hotel on the intersection of .Anderson Hill Road and King Street, that there are significant advantages for emergency vehicles and that I am therefore in favor of the alternate site plan which shows the King Street entrance. 63 Site Plan Review Details 1. Access Roads A. Provision- should be made for the future widening of Anderson Hill Road and King Street along the property boundary. The exact width of these strips should be established in consultation with the Village Engineer after review of present right-of-way widths and should be designated on the site plan as *reserved for possible future road widening and realignment-, B. Sight distances at all entrance road$ should provide a minimum of at least 250 feet of clear view for motorists in vehicles wishing to enter the public roads. ' C. Curb cut approval (including drainage) should be obtained from the involved agencies (Town of Greenwich at King Street, Westchester County at Anderson Hill Road) : 2. Access, Circulation and Parking A. Submit dimensions and typical construction standards (including cross sections) for all side roads, drives and parking areas. B. All drives and parking areas should be contained with curbs. Cut stone curbs would seem appropriate in a project of the high quality proposed, C. The planning Board may wish to consider reducing the amount of parking shown for construction at this time until it is shown in the future to be needed. Some of the more remote parking nearest to the King Street/Anderson Hill Road intersection might be held in abeyance. D. The Service Drive radii at Anderson Hill Road should be increased to accommodate large trucks entering and exiting the site. E. The °Hammerhead• turnaround at the end of the Service Drive should be extended to provide adequate maneuvering space for large trucks. A180 the radii shown needs to be increased to provide adequate pavement Brea for.large trucks to maneuver, F. Sight lines on internal drives should Provide adequate eight distance in order to maintain Safe operation. Landscaping should be low in median areas and near intersections. 3. A. Submit a hydrological study regarding . storm drainage retention on-site. _ d The storm drainage report should be preparein accordance with the Westchester County Beat Management Practices Manual, to the satisfaction of the Village Engineer and should be designed to provide 120 percent retention for a 100-year frequency storm. a. Utilities A. A review and approval of the proposed Water distribution system and a sewage disposal system should be subject to review and approval by the Village Engineer, 5. Recreation Facilities A. Tennis; Details regarding fencing and lighting should be - - submitted. Fencing should be of dark green or black vinyl clad material. Lighting and hours of lighting should be carefully regulated in relation to potential glare and nuisance to nearby residences. 6, Landscaping A. An external lighting plan should be submitted and approved by the Planning Board as an element of the landscape plan,. B. Show the specific trees on the Riley survey which are to be saved on the Site plan. The intent should be to modify the site plan (particularly the parking areas) where such minor modification may permit caving a significant tree. t� 7. Signs A. Submit details .on signs, to include, location, typical design, size, dimensions, material, and lighting. 6. Perimeter Wall A. The Planning Board may wish to modify the proposed wall. Perhaps a 3 foot stone wall, rather than the 6 foot stucco would be . appropriate. 9. Buildings A. Show location, access, landscaping, etc, for the manager's house. If the manager's house is to be on a separate lot a subdivision will need to be approved by the Planning Board. B. Submit samples of major building materials to be used on roof and facades (e,g, slate roof, brick or typical stucco siding, etc.) . C. Review by the Village Architectural Review Board should be a condition of approval. Frederick E. Wiedle PEW,go John Kirkpatrick, attorney and Michael Sauvignon of Omnitel were present, and the matter had been fully discussed with the Planning Board. _ Trustee Harris commented that Mr. Weidle noted that nothing ' in the site plan would inhibit the County from doing precisely what it wanted to do. Does this mean that Rye Brook has no choice? Mr. Weidle said there would be enough space near the intersection of Anderson Hill and King Street to realign the road — it could be done. John Kirkpatrick said Le Richmonde would be willing to dedicate land for a turning lane at the intersection, 'but that land is in Greenwich! Mayor Kabcenell said there was a difference between widening and changing the intersection and the Board has taken a' stand with the County against increasing traffic on King Street. Gerry Chatman of Upper King Street said she has names of King street people in New York and Conn. who object to the widening of King-Street and that Supervisor Posillipo had stated at Public Hearings for all three development in the area that King Street would never be widened. Joel Sachs of Plunkett & Jaffe, Attorneys for Royal Executive park, made the following statement. You will recall that I appeared at the April 26, 1983 Village Board meeting on behalf of Royal Executive Park in regard to the site plan approval application for the La Reserve Hotel project which was than pending before the Town Board. Although I did make an oral statement that evening, I would like this letter to be part of the Board's record for the April 26, 1983 meeting. It is the position of Royal Executive Park that the Village should require the developers of the hotel site to leave a right of way through their property so that the right of ways on both the Royal Executive Park and Citicorp property could someday be connected with a right of way over the hotel property and then southward to the Hutch. 1^15 The Village Board should recall that when both the Royal Executive Park and Citicorp projects were apprpved by the Town of Rye, upon reccmmendation of its Planning Board and the Towns consul tant,frederick P. Clark Associates, it was recommended that such a through road connnecting the Royal Executive Park, Citicorp and Blind Brook properties would be a mitigating measure. You will recall that Commissioner Eschweiler in his letter of October 15, 1982 to the Village of Rye Brook reiterated the County's position that provision should be rade for such a through road. Please rest assured that Royal Executive Park will continue to work closely with the Village of Rye Brook and the other developments in order to Protect King Street from undue traffic. Trustee Nardi voting AYE Trustee Harris voting AYE ._ Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT CHAPSON CORPORATION REZONING APPLICATION BOWMAN AVENUE/WESTCHESTER AVE Mayor Kabcenell read the Planning Board report as follows — 1. 510 Westchester Avenue -- Bruno Gioffre for developer. Following the decisi-o—n-W the Board on March 3, 1983, rejecting the developer's proposal for a rezoning to C-1, the developer renewed his proposal for rezoning to C-1 and submitted a letter from James P. Hoopes on behalf of the Chapson Corporation, which stated in pertinent part that the corporation agreed _. "that if the zoning change now requested is granted, it may be granted on a condition that the premises in question shall not be used for any type of business of a lesser standard than the proposed restaurant presently contemplated by the applicant] and that any future change from the use of the property as now proposed shall not be effected without the approval of the Planning Commission of Rye Brook." Mr. Gioffre indicated that it was his intent to bind his client with a covenant running with the land, a covenant enforceable by anyone who might claim to be harmed by its violation. He offered to supply the Planning Board with cases showing the enforceability of such covenants. He further indicated that Chapson Corporation, as owner of land not only in Rye Brook, but also the shopping center across the street in Port Chester, would be willing to record the covenant for both parcels of land. In response to a request for clarification, Mr. Gioffre indicated that all nearby parcels in the village of Rye Brook were presently zoned R2F. Mr. Wiedle, the village's consultant, was present at the meeting. He was asked about his opinion, recorded in the minutes of a Board meeting last fall, in which he rejected the proposed rezoning to C-1. He stated he felt that way about the renewed proposal. He further indicated that for the proposal to be adopted, there should be a proposed change in the Master Plan for the area. Moreover, he suggested an environmental assessment be completed before any approval be granted. Finally, he indicated that if the Board should, nevertheless, decide to agree to the proposal, it should not be done so as to appear to be a "contract". t�6 Several members on the Board indicated that they thought the rezoning was a good idea, as the property could serve as a buffer betweenthecommercial use on the - nearby property in the village ofPortChester and the residential use on the adjacent property in the Village of Rye Brook. A motion was made and- seconded that "subject to the promulgation of the restrictions in the letter of March 25, 1983 and dedication of the Chapson property parking lot across the street for parking use for the subject property, and further subject to a screening plan and restrictive covenants to be separately approved by this Board, the property be rezoned C-1." On the motion, Mr. Kramer stated his opposi- tion based on the various grounds upon which Mr. Wiedle had opposed the rezoning, based an the prior rejection of the - proposed rezoning by the Board, based on the fact that there was no covenant before the Board for its approval (so that they .could determine what they were voting on) , and based on the fact that this was the first breach in the R2F residential zone in this vicinity, a breach which would undoubtedly cause further requests for commercial rezoning by nearby property owners. The Board approved the rezoning by a vote of 4-1, with Mr. Kramer dissenting. In view of this, it is the Board's obligation to schedule a public hearing, and on the motion of Trustee Zak, seconded by Trustee Nardi., RESOLVED that a Public Hearing be held on May 24th 1983 on the application of the Chapson Corporation with respect to the rezoning of the Chapson Property located on Bowman Avenue in the Village of Rye Brook. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE - Trustee Harris felt that the case against rezoning was well stated, and would like to get a report of how it impacts on the Master Plan, and what the environmental impact will be. Mr. Weidle of Frederick P. Clark Associates said that the Board will have to declare itself the lead agency and request the applicant.to provide an environmental assessment. It is the responsibility of the applicant to get this in time for the Public Hearing. Mayor Kabcenell made the scheduling of the Public Hearing contingent on the provision of the environmental assessment prior to the Hearing. Mrs. Halsey requested that Mr.44eidle provide copies of his letter of September 9 1982 to the Planning Board in this matter. Mrs. Chatman congratulated Mayor Kabcenell on his letter published in the Daily Item. The meeting was adjourned at 10.50 pm.