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HomeMy WebLinkAbout1983-06-28 - Board of Trustees Meeting Minutes REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK NELD ON JUNE 28th 1983 at 8 P.M. - PRESENT: Mayor Jack Kabcenell- Trustees Meiskin, Nardi, Harris, Zak Attorney Kramer Treasurer Brandy Clerk Smith Minutes of the meetings of April 26th, May 24th and May 31st were adopted as presented. -' CORRESPONDENCE AND REPORTS. - Mayor Kabcenell read a memo from Arthur Freed of the W.C. D.P.W. dated June 9 1983 in connection with Traffic in the area of South Ridge, as follows: June 9, 1983 TO: Files FROM: Arthur Freed RE: Village of Rye Brook - South Ridge Street - Present at meeting held 4:30 p.m. Wednesday, June 8, 1983, Room 514, County Office Building I: - Frank C. Bohlander Arthur Freed - Arthur D. Ludwig Joseph Pellino, Village of Rye Brook, Planning Board Jack Kabcenell, Village of Rye Brook, Mayor - - John C. Merritt, Rye Ridge Shopping Center Warren B. Holby, Rye Ridge Shopping Center PROBLEM IDENTIFICATION 1. Fixed time traffic signal 'South Ridge Street/Bowman Avenue is not responsive to widely varying traffic needs, provided no protection for school crossing pedestrians, and no separated turning movements. 2. Rye Ridge Shopping Centerentranceexperiences left, turn conflicts, pedestrian crossing problems from County Social Services Building, and geometric constraints to ready viable ap- plication. of traffic controls. ' 3. Bowman Avenue approach to South Ridge Street is Over- loaded during peak hours making it unattractive for Shopping Center -- patrons to use, thus diverting added traffic to South Ridge Street. 4. Increased volumes have been experienced on Bowman Avenue and South Ridge Street owing to General Foods construction, and can be expected to escalate with proposed construction of Webb Avenue/ I-287 off ramp, office building within that quadrant, and other con mercial development outlined by the Mayor. 5. Difficult area circulation from Rye Town Hilton to the Westchester Country Club area. CANDIDATE IMPROVEMENTS _ 1. Installation of actuated signal equipment at South Ridge Street and Bowman Avenue. - Village of Rye Brook - South Ridge Street June 9, 1993 Page 2 2. Installation of actuated signal equipment and geometric improvements at the Shopping Center-South Ridge Street entrance and/or left turn lanes and/or left turn restrictions. These al- ternatives to be evaluated in context with cost/benefit of major widening to Bowman Avenue. _3. Widening Widening of Bowman Avenue to provide an additional turning lane approaching the intersection of South Ridge Street and/or widening of Bowman Avenue to the Webb Avenue ramp. 4. Resurfacing a portion of Bowman Avenue East of South Ridge Street. DEPARTMENT PROPOSALS 1. Budgetary estimates will be prepared on those portions of the above found to be cost justifiable. 2. A determination of proposed County-Village-Private Sector project participation will be made. 3. Further meetings will be held with all concerned to determine budget recommendations, apportionments, etc. AF/mm . . cc% Frank C. Bohl ander Arthur D. Ludwig - - Joseph Pellino / Jack Kabcenell✓ John C. Merritt Warren B. Holby .. Frank T. Kearney Edward H. McCabe Dan Zevola Marcia Lee The Mayor said he had been assured by Mr. Freed that we would have a further determination ofthe costs and the specifics by the end of July. The Mayor read a letter dated June 14th deom Frank Bohlander, Comm. of Public Works with a suggestion to make a small portion of ' Westchester Avenue, which is now one—way, a two—way roadway to provide ' f access to Webb Avenue for westbound Westchester Avenue traffic. - The Mayor read a letter frdm Lt. Gov. Del Bello advising that he had recommended to the Governor that a special appropriation for State aid , be made for us, since,we were not included in the special distribution. He also read a letter from Arthur J. Kremer, Chairman of the Ways and Means Committee in 'response to a letter from the Mayor in which he asked for support in connection with Assembly Bill 6921, in which he promised whatever assistance was possible. This could amount to $57,000 p.a. for us, and we are continuing to pursue it. PROPOSED SEWER LINE CONNECTION FOR NURSING HOME TO BE BUILT IN GREENWICH, TO LINCOLN AVENUE SEWER. This is for a nursing home to be built in Greenwich, which has been approved by Greenwich Planning Board, and the sewer connection is requested into Lincoln Avenue Sewer. Herb Adler, of the Rye Brook Planning Board commented that Greenwich has not been too cooperative in discussions regarding the driveway for the proposed hotel at King and Anderson Hill. The Mayor asked Felix Fidelibus, the Village Engineer to get him some information so he could check it out. Bruno Gioffre, attorney for the developer, said the application is in its.final stages before the Greenwich Planning Commission, and contrary to looking for a favor, there are two alternatives. One is to put in a septic system, the other a forced main system. The County has indicated their approval but prefers that the local level be dealt with first. BUS SHELTERS ON WESTCHESTER AVENUE. As a result of the recommendation of the Traffic Commission, a motion was made by Trustee Harris, seconded by Trustee Zak, RESOLVED that the Village of Rye Brook enter into the agreement with Westchester County to provide Bus Passenger Shelters in 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 FOSTER CARE. Mr. Muller of the Department of Social Services made a presentation to explain Adult Care programs, foster care in private homes, which was initiated in Westchester County in 1980. There are licensed one— and two—family homes, and offer a family setting, companionship and supervision, meals, laundry etc. The home owner is required to take a medical, and be free from contagiousdiseases, the home is inspected by the building and fire departments to approve safety conditions. Social Services interviews prospective home owners to make the best match with prospective guests. Payment to the providers is by the participating guest, either from their own funds or Social Security, or S.S.I. and at this time they provide a minimum payment of $327.60 a month to the provider, or the provider can set his own rate with the guest. The guest must be 18 years of age or over, and in need of some type of supervision, however no nursing or medical aid required. The County is looking for acceptance of the program, homes are found through advertisements in the paper. Cooperation of building and fire departments to do inspections so that the Village would be fully informed. These are young adults — not court related. Providers are sometimes retired couples. Guests come through the Office of the Aged, Family Services, Westchester Medical Center. They could come from Vets Psychiatric possibly, however not directly from the hospital. Approval is needed from the Village to place people in homes, and we would be looking for homes which would have space in their homes." The Mayor suggested that this matter be placed on the Agenda for a subsequent meeting. CHAPSON CORPORATION. ". _Thi.a has to do with the application of Chapson Corporation for the rezoning of 510 Westchester Avenue, Rye Brook, discussed at a Public Hearing in May. At the agenda meeting, and special meeting on,June 14 there was a proposal for rezoning to R2F of property on Ridge Street, and this application was denied on the basis that there is a serious traffic study now being made by our Traffic Commission and the County, and it was felt that it would be inappropriate to take some action now that a proposal should be forthcoming. The second reason was that suggestions has been made regarding changes in the Master Plan and that the entire matter of rezoning the entire area, and the whole matter should be referred to the Planning Commission for consideration of a new look at the entire zoning instead of doing it parcel by parcel, and I address this now since this was the basis for the denial of the proposal by 51 South Ridge Street. Mr. Carl Miller of Bowman Avenue asked who is Chapson Corporation? Who are the principals? Attorney Bruno Cioffre explained that Mr. Gaskell is the principal., from Connecticut, now retired and living part time in Florida. He owns the shopping center on Bowman Avenue and his father owned it before him. They also own the Barclays Bank property and have paid a considerable amount of taxes over the years and a part of the problem is that responsibility for maintaining the lots is that of the tenants. The Chapson Corporation is not going to operate the restaurant. The prospective purchasers of the property are residents of Rye Brook and are presently active in the restaurant business, and their intent is to have a country inn type of restaurant. Mr. Miller expressed the opinion that the present building is a tinderboxand that during snow removal, snow bad been dumped on the property — where would the snow be dumped if thiswereto be a restaurant. Fie expressed his opposition to the rezoning request, and the Mayor advised him that if a decision were made, it would be at a Board Meeting. There was a Public Hearing held last month, the first of certain steps necessary, and if we are to move forward, the next step is a formality, to declare our intent that we be the lead agency in the action. This means we must notify the County and any neighboring communities, in this case — Port Chester, who asked to be notified. Therefore, in order to put the matter on the record, we must declare our intention to be the lead agency and circularise the notice together with an environmental assessment .statement. Attorney Kramer explained that with a zoning request from residential to commercial, the process is that first comes an application and submission of Environmental Assessment Form to the Board, who then declares its intention to be the lead agency and notifies any other agencies which might be involved. Next we have to determine if this is an action which is going to affect the environment, we would request an Environmental Impact Statement. If our determination is negative, we would go forward with the vote. If it is determined that the impact would be considerable, including traffic conditions, then we must have further discussions in order to reach a decision taking all _.. factors into consideration. We must go through the process even if we were to consider denying the. application, because we would be denying the applicant the chance to be heard, although the statute is not quite clear as to whether we must go through the process in case of a denial. MORTON BELOVE — TRAFFIC COMMISSION MEMBER. Mayor Kabcenell said we are all saddened by the death of Morton Belove, a member of the Traffic Commission, a dedicated resident of this Village and we express our sympathy and condolences to his wife and family. VILLAGE BIRTHDAY PARTY. The Mayor reiterated that a gala day was planned at Crawford Park on July 2nd, and hoped everyone would make a point of being there. CHAPSON CORPORATION. — continuation Daniel Strum, resident, said that he was one of the applicants involved, and as a political neophyte, he is amazed by what went on for.the last 14 month. The Planning Board had studied this application in great depth, the Public Hearing produced a hundred people who supported it. We intend to put in over $250,000 and create a Boodles type of establishment, in place of the "tinderbox" as described by Mr. Miller which is there now. He suggested that all their efforts to this date were for naught, including the recommendation of the planning board. Mayor Kabcenell responded that the Planning Commission has the responsibility of recommending, the Village Board has the responsibility of acting. We must follow the proper format — if we act improperly, we leave ourselves open to action. U9 APPIAN ESTATES. This concerns a development which is partly in Port Chester and partly in Rye Brook, with 17 units, 2 of them in Rye Brook. Upon recommendation of the Planning Board that the driveway be widened to improve the safety factor, it meant that the rear portion of four units would be pushed back, and would fall on the Rye Brook side of the line. An application for a variance was required and the Zoning Board has approved the application. -- Lou Blaiotta, Chairman of the Zoning Board of Appeals, said that the applicant had demonstrated hardship and the Zoning Board concluded -- that it was in order to grant the variance. Mrs. Kiyak, who lives next door to the planned project, voiced her objections that the variance is given by the Board who will not be affected by it, and that it would add to traffic problems in the area. Trustee Meiskin said that in essence this project has already been approved by both Port Chester and Rye Brook and the need for this variance was created because we asked them to improve safety conditions. Herb Adler of the Planning Board explained that the density permitted on the property was more than the plans called for. Mrs. Kiyak felt that we were appeasing Port Chester and jeopardizing Rye Brook, and said she. had voiced her objections and written letters throughout the planning stages for this project. Stwphen Holden III, of King Street, expressed concern about the impact on traffic by this development. Ben Taylor, attorney for the developer, said Port Chester was approving the project tonight, and there is a 50 foot buffer strip around the property. The New York State Dept. of Transportation has approved it. _._ The original application for 24 units was dropped to 17. Trustee Zak said he doesn't want to antagonize Rye Brook residents to `-- appease Port Chester. David Rosen, of Comly Avenue said he was concerned about water run—off and screening. Village Engineer, Felix Fidelibus, said that recommendations he made originally were incorporated in the planning and had been complied with. Trustee Zak suggested that the residents should meet with the Planning Board, Trustee Meiskin disagreed saying that discussion had been going on for 2'g years, and that there were a number of public hearings, and the only question now is to resolved something we imposed on them. Herb Adler said that people should be entitled to use their land, and that two units are permitted on that portion of the land in Rye Brook. Mr. Fidelibus concurred with this statement. On the motion, of Trustee Meiskin, seconded by Mayor Kabcenell, RESOLVED that the site plan submitted by Appian Estates Inc. for property on King Street known as Section 1, Block 11, Lot No. 1A, and a-Public Hearing having been held on June 28th, 1983, isherebyapproved by the Board of Trustees of the Village of Rye Brook. - Trustee Nardi asked if this change was made at the request of the Rye Brook Planning Board. Herb Adler said that his Board and the Port Chester Planning Board saw it at the same time, and both agreed that the driveway space was too tight. Trustee Heiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Mayor Kabcenell voting AYE Trustee Zak voting NAY Trustee Zak qualified his vote by stating that he felt we should be responsive to Rye Brook residents. Trustee Meiskin said he resented the implication that the Board is not responsive to the residents of Rye Brook. ROYAL EXECUTIVE PARK. In connection with Phase 1B of the project, Joel Sachs reported that he had requested, by way of a letter to the Board, that they receive the site plan application and transmit it to the Planning Board, and at the same time start the Environmental Review Process. On the motion of Trustee Nardi, seconded by Trustee Zak, - RESOLVED that the Village Board of the Village of Rye Brook receive the Site PlanforPhase 1B of Royal Executive Park, for transmittal to the Planning Commission, and authorise circulation of the Environmental Assessment Form with the recommendation that the Village of Rye Brook designate itself as Lead Agency. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE FIREWORK DISPLAY - ARROWWOOD. In response to a request from Arrowwood to hold a fireworks display on Independence Day weekend - On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that permission is granted to Arrowwood Conference Center to conduct an. Independence Day Fireworks display; subject to the conditions listed in the letter dated June 22nd 1983 to the Mayor and Board of Trustees from the.Law Offices of Cuddy & Feder, and subject to the following conditions. 1) Should large crowds be expected, off-duty Rye Brook Police Personnel be hired for traffic control, and 2) The Port Chester Fire Department be contacted regarding a atand-by fire truck during-thefireworks display, to be held on July 3rd, 1983. Trustee Meiskin voting AYE Trustee Nardi voting AYE - Trustee Harris voting AYE Trustee Zak voting AYE _ Mayor Kabcenell voting AYE SUMMERINTERN - LAW STUDENT STEPHEN AIELLO. He is a third year law student, and will be working on the codification of our laws, and he will be paid by Suffolk University at $4 per hour, and we will pay $1 per hour. On the Motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that Stephen Aiello be appointed as a legal intern and FURTHER RESOLVED that the sum of $520.00 be paid to Suffolk University for this Grant. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SOCIAL SECURITY COVERAGE. On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that Social Security coverage be provided for the eligible employees 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 f.._. RYE BROOK COUNCIL OF THE ARTS. - On the motion of Trustee Meiskin, seconded by Trustee Zak, _. RESOLVED that the Rye Brook Council for the Arts and related representation to the Tricentennial Celebration as established by prior resolution shall now rest in the hands of the Rye Brook Recreation and Parks Commission. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SEWER GRANT 1983. There is a grant available to upgrade some of the sewers in the Village with funds provided by the State and the County. On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that the Mayor take all actions necessary to participate in the sewer rehabilitation grant. Trustee Meiskin voting AYE - Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE - Mayor Kabcenell voting AYE MEETING DATES. The Mayor announced the next Agenda Meeting would be held July 12th 1983 at the Village office, and the next Regular Meeting would be held on July 26th 1983 at the Ridge Street School Cafeteria. 287/BOWMAN PLAZA. This is in connection with a building in Harrison, for which Harrison is the Lead Agency, for which there is a curb cut in Rye Brook. RESOLVED that the site plan be submitted to the Planning Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE _. Trustee Harris voting AYE _ Trustee Zak voting AYE Mayor Kabcenell voting AYE ATRIUM DEVELOPMENT — KING STREET. WHEREAS Judge Theodore Dachenhausen has vacated a determination of the Town of Rye Board, relative to the Atrium Associates Building on Kin Street, and remanded the matter back to the Town of Rye Board for a finding of compliance with the Rye Town Erosion and Sediment Control ordinance, and WHEREAS the Town of Rye set about seeking compliance with its ordinance under the supervision of the Rye Town Engineer, Felix Fidelibus{ and WHEREAS the Village of Rye Brook has assumed the function of the Planning and Building Department, and has transferred Felix Fidelibus to their jurisdiction,{ and WHEREAS the Village of Rye Brook now administers the said Ordinance; THEREFORE. BE IT RESOLVED that the Village of Rye Brook hereby recognizes the continuance of the Town of Rye to ensure compliance of the Court Order; and BE IT FURTHER RESOLVED that Rye Brook Building Inspector Felix Fidelibus is hereby authorized to provide any technical assistance to Rye 'Lown that they may need concerning the subject ordinance with respect to the pending Atrium litigation; and BE IT FURTHER RESOLVED that Rye Brook by operation of Law, agrees to administer compliance with the Rye Town Site Plan Resolution and - Erosion and Sediment Control Ordinance. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE The meeting was adjourned at 11.10 p.m.