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HomeMy WebLinkAbout1985-06-17 - Board of Trustees Meeting Minutes 0()0605 MINUTES OF REGULAR MEETING HELD ON JUNE 17th, 1986 AT THE VILLAGE OFFICE AT 8P.M. Present: Mayor Kabcenell, Trustees Nardi, Cresenzi, Zak Attorney Kramer, Treasurer Cortese, Clerk Smith. Absent: Trustee Meiskin Minutes of the meetings held May 27th and June IOtb were accepted as submitted. COMMUNICATION FROM RECREATION. Tom Hroncich reported that wewill be having our Birthday Run and celebration' on June 21st. General Foods is our large sponsor and contributes $8,795 for the Run plus many other giveaways, the Hilton provides several large birthday cakes, and Arrowwood will be providing us with barbecued cold chicken for over 1200 people and London & Leeds has given $2500.00 for the celebration. PUBLIC HEARING — Subdivision Application of Phase II; Royal Executive Park--into two parcels to be known as Royal Executive Park II(18.2 acres) and Royal Executive Park III (31 acres). Mayor Kabcenell read extracts from a letter from the Rye Brook Assessor stating that the property had been separated into two parcels for tax purposes as a courtesy, however that is not final until the Board takes the action to subdivide the property. This tax split made no difference in taxes while the land was still undeveloped. Our Consultants, Frederick P. Clarke Associates recommend approval of. the subdivision. Recreation fees requirements have been fulfilled at the time of the original subdivision approval. The jogging and fitness course which is half completed should be completed and will be open to the public as agreed. WHEREAS, the Board of Trustees of the Village of Rye Brook has reviewed a proposed subdivision plat accompanying a subdivision application dated 4/22/86 signed by Joel H. Sachs Esq., and WHEREAS, said proposed subdivision is shown on a drawing or plat entitled "Resubdivision Plan of Royal Executive Park in the Village of 'Rye Brook and the Towns of Rye, New York, Harrison, New York, Greenwich, Connecticut", Sheet 1 of 2, and WHEREAS, a portion of said subdivision is also shown on an accompanying map entitled "Easement Plan for Resubdivision Plan of Royal Executive Park in the Village of Rye Brook and the Towns of Rye, New York, Harrison, New York, Greenwich, Connecticut", scale 1" = 40', and WHEREAS, the above maps are further identified as Sheets 1 -and 2 of property designated in the Westchester County map files as Block #7437, Sheets # 87 and88, prepared by Edward J. Crothers, N.Y.L.S. #41474, in the offices of J.A. Kirby Company, Civil Engineers and Surveyors, Port Chester, New York, and 000606 WHEREAS the Board of 'Trustees has conducted the following activities and made the following findings and determinations in accordance with Article 8 of the Environmental Conservation Law, hereinafter called SEAR, and also in accordance with the Village of Rye Brook Local Law {{ 3-85 entitled Land Subdivision Regulations: 1. Noted that the applicant has submitted a written statement by letter dated April 22, 1986, signed by his Attorney, Joel B. Sachs, Esq. and indicating the purpose of the proposed sub- division to be to partition the developed portion of the applicant's lands from the undeveloped portions so as to facilitate financing and for real property tax assessment purposes; 2. Noted that the proposed resubdivision is predicated upon a site plan indicating the construction of office buildings, roads, parking, landscaping, utilities and other accessory uses and functions thereto approved by resolution on or about 10/22/84; 3. Reviewed the Final Environmental Impact Statement (FEIS) prepared in September 1980 by the then Rye 'town Board for the proposed Royal Executive Park office complex, and also the November 1983 Draft Supplement to the Royal Executive Park FEIS including written responses to oral comments made at the March 27th, 1984 public hearing on the Draft Supplement; 4. At the request of the applicant and on the basis of the above findings, requested, received and reviewed an Environmental Assessment in accordance with SEQR, and on May 13, 1986, issued a"Negative Declaration" on the basis of the Board of Trustees' opinion that the proposed unlisted action would result in little or no adverse environmental impact if accomplished in accordance with the proposed resubdivision plat and this resolution, 5. Requested a report and recommendations on the proposed resub- division from the Village Planning Board and received same dated June 5th, 1986 which recommendations are hereby duly noted and made a part of this record; 6. On the basis of the above findings and the simple nature of this resubdivision, pursuant to Section 1.5, Modification of Regulations of Local Law {{ 3-85 entitled Land Subdivision Regulation of the Village Land Subdivision Regulations, hereby waives the preliminary plat requirements and procedures as set forth in Section 3.3 of the Village Land Subdivision Regulations in consideration of the simple and straight forward nature of this subdivision; on the motion of Trustee Zak, seconded by Trustee Cresenzi, NOW, THEREFORE BE IT RESOLVED, that said application be and hereby is approved subject to the following modifications and that the Mayor of the Village of Rye Brook be and hereby is authorized to endorse the Board of Trustees' approval on a final linen plat, when submitted, upon compliance by the applicant with these modifications and conditions provided, however, that this conditional approval shall expire six months from the date of this resolution if the applicant has not complied with such modifications and conditions to the satisfaction of the Board of Trustees: 1. Submit a final linen plat in accordance with Section A3 of Appendix A of the Village Land Subdivision Regulations. Because of the simple nature and purpose of the proposed resub- division, Condition J. therein, Endorsement of Approval by the Westchester County HeALth Department, is hereby waived. 2. The requirement of final construction plans as noted in Section A4 of Appendix A of the Village Land Subdivision Regulations is hereby waived. 000607 3. The conditions and Stipulations set forth in the Royal Executive Park Phase 1B Resolution of Site Plan Approval adopted on or about 10/22/84, shall. remain in full force and effect and shall in no way be abrogated or diminished in force and effect by the terms and conditions of this resolution of resubdivision approval. 4. Pursuant to Section 1.5 of the Land Subdivision Regulations, because of the special circumstances of this particular rezoning request, extraordinary hardship would result from the strict compliance of the applicant with Section 5.1.4. - Frontage on Improved Streets, the Board of Trustees hereby waives the require- ment that all lots have frontage on and direct access to King Street subject to a deed restriction or other covenant satisfactory to the Village Attorney assuring that the uses and occupants of all lots in the resubdivision will be provided with right of access between, to and from King Street and each individual lot with the right to travel over adjacent lots as necessary and as indicated on previously approved site plans. 5. The requirement that jogging and fitness trails be maintained by the owner in good condition, for public use. 6. Four complete sets of final prints bearing the signature of the owner and applicant and the Village Mayor shall be presented to the Village Clerk and receipt received from the Clerk for same prior to the issuance of any further site plan review or approval or building permits for further development of the proposed lots. 7. The approved linen copy of the resubdivision plat shallbe filed with the County Clerk by the applicant. A certified copy of same shall be presented to the Village Clerk for filing. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT Mayor Kabcenell asked that Recreation Superintendent Tom lironcich put an item in the next newsletter about the jogging and fitness course. In response to a question from Resident Ken Heller regarding responsibility for liability in case of accidents on the jogging and fitness course, Mayor Kabcenell suggested that belonged to the owner, - Attorney Joel Sachs thought that possibly the Village could be named as an additional "Insured" in their policy. The Mayor asked that Mr. Sachs work it out with the Village Attorney. MOBIL OILCORPORATION - RIDGE/BOWMAN RECONSTRUCTION APPLICATION. Mayor Kabcenell said that a proposal to redesign the gas station has been submitted. George Morrow reported that the proposal is being reviewed by the Building Department, and suggested it be reviewed by the Attorney, and then sent to the Planning Board for recommendations and report. Completed site plans are not yet ready, but they wanted to get the process started. Mayor Kabcenell suggested that the Architectural Board of Review make recommendations. Trustee Nardi commented that there seemed to be plans to carry sodas and other items in a walk-in cooler, and was concerned with the size of it. Trustee Cresenzi questioned the rear yard setback of 5 feet which was proposed. Norm On the motion of Trustee Cresenzi seconded by Trustee Zak, RESOLVED that the proposal with complete plans, and graphic designs be submitted to the Planning Board, and the Architectural Board of Review for recommendations and reports. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor KabcenelL voting AYE Trustee Metskin ABSENT CABLE TV REPORT. Mayor Kabcenell reported that the transfer of the franchise has been approved and signed by this Board, and approved and signed by the Town Board. and is now being returned to UA Columbia for signature. Trustee Zak suggested a time limit of 14 days, after which we would consider it no franchise and will form a committee to start a commission to consider another franchise. MASTER PLAN UPDATE AND MORATORIUM ON BUILDING PERMI'T'S. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED that a Public Bearing be held to deal with the Master Plan and the Moratorium on Building Permits on July 22nd, 1986. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT On the motion of Trustee Nardi, seconded by Trustee Cresenzi, RESOLVED that the Moratorium be extended in its current state as amended at the last meeting until July 23rd, 1986. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Melskin ABSENT On the motion of Trustee Zak, seconded by Trustee Nardi, WHEREAS the Moratorium has been extended and WHEREAS, certain residents have requested to be permitted to proceed with small extensions to existing structures, NOW THEREFORE BE IT RESOLVED that existing structures may be expanded provided that there is no change of use and provided that the expansion does not create more than an additional 400 (fourhundred) square feet of usable space. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT 000600 VILLAGE MANAGER STUDY. George Morrow reported that he had conversation with the head of the Michaelian Institute for Suburban Governments at Pace. They are very interested in doing a study, and could do it for a very reasonable fee, but in order to estimate the fee they need some specific information as to the direction and the depth of the study. Do you want them to list things, do you want them to compare Rye Brook with other Villages, go into the duties and responsibilities, a manager versus an administrator, and then go into the duties and responsibilities of the Village Board if you had a Village Manager. What kind of a time frame are you looking at? They could bring in the Michaelian Law Resource Center and they would be very interested in working together. Mayor Kabcenell suggested that perhaps someone couLd sit down with a few members of the Board to discuss parameters, and give us an idea of alternatives or options. AWARDING OF BIDS. STREET LIGUTING MAINTENANCE. Only one bid was received from Dobart Lighting, 47 Adams Avenue, Port Chester. On the motion of Trustee Cresenzi, seconded by Trustee Zak, RESOLVED that the contract for Street Lighting Maintainance in the sum of $19,686.32 ($13,750.00 for maintenance plus $5936.32 for 22 new fixtures) be awarded to Dobart Lighting. Trustee Nardi. votingAYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kahcenell voting AYE Trustee Meiskin ABSENT Trustee Zak commented that this company had done an excellent job in the Rye Hills area. PAVING MATERIALS. Again, we had a single bid. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED that the contract for Paving Materials be awarded to Peckham Materials Corporation, 20 Haarlem Avenue, White Plains, on a per ton price in`various categories as required. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT. CLEANING SERVICES. Two bids were received — New York Building Services of 324 Locust Avenue, Port Chester for $625.00 monthly and from Superior Maintenance of Westchester Inc. , 222 Westchester Avenue, White Plains for $412.75 monthly. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED that the contract for Cleaning Services be awarded to Superior Maintenance of Westchester Inc. in the sum of $412.75 monthly. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT OOOE)1.0 GAS & DIESEL FUEL. No bids were received, and we are rebidding. Mayor Kabcenell — based on litigation which has been presented, I would like to have a motion to go into executive committee meeting. On the motion of Trustee Zak, seconded by 'Trustee Cresenzi, RESOLVED that the Village Board go into executive session. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT. AGENDA MEETING JULY 8th 1986. A suggestion was made that in view of summer hiatus, this meeting be eliminated. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that there be no Agenda Meeting for the month of July. Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE. Mayor Kabcene Ll voting AYE Trustee Melskin ABSENT The meeting was adjourned at 9.45 pm.