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HomeMy WebLinkAbout1986-07-22 - Board of Trustees Meeting Minutes 0oo�_a� MINUTESOF REGULAR MEETING OF THE VILLAGE ➢OARD HELD ON JULY 22nd, 1986 AT 8 P.M. AT THE VILLAGE OFFICE, 90 SOUTH RIDGE STREET RYE ➢ROOK, N.Y. PRESENT: Mayor Kabcenell, Trustees Meiskin, Nardi, Cresenzi, Zak Attorney Kramer, Treasurer Cortese, Clerk Smith. Minutes of the meeting of June 17th, 1986 were accepted as submitted. PUBLIC HEARING — ARROWWOOD CONFERENCE CENTER. This isin connection with an extension of building both in terms of living quarters and the conference center. The Planning Board reviewed Fred Kellog's report which discusses things to watch but nothing that would be a major problem. . 3. llKti'EOWWS7y A. Review Kellogg's report: Report discusses things to watch, but nothing in it is a major problem. Mr. Klem points out fire protection problems in terms of closed residential wing (Phase II B) and access to firefighters. Developer will consider access doors thru first floor. Developter reiterates existing fire protection: a. Building is fully sprinklered and alarmed. b. Watersupply augmented by 53,000 gallon tank in building and 3,000,000 gallons in pond. ; C, Building uses natural materials - not as toxic when burning. B. Fire Department access is a concern of chief Thalhiemer.' Developer can work cut a reasonable access route around building and possibly provide more hydrants. C. Mr. Klem points out landscaping in rear at foundation level could be Improved. Developer agrees. D. Ken Heller discussed water retention and problems downstream. Mr. Kellogg and Mr. Cuddy refer to 1980 City of Rye resolution that Citicorps retention of 123% - 128% is more than adequate. E. Resolved: Planning Board recommends the Village Board adopt a negative declaration for SEQR report. Planning Board recommends approval of site plan revision based on the Kellogg and Wiedla reports and calls Village Boards attention to review optimum emergency access and landscaping. Our Fire Inspector has reviewed Arrowwood and has indicated that they are a model of fire protection and we are glad to know that such a good fire protection system exists in the village. William Cuddy, Attorney for Arrowwod made a brief statement on the history of the Arrowwood development. He referred to Traffic Study and Site Plan review by Frederick P. Clark Associates, and a study of environmental and utilities impact by Fred Kellogg, dated June 2, 1986 and May 22, 1986 respectively. Ed Wilson of the Hilliard Group, Architects for the project, made a visual presentation on the proposed additions Joel Sachs,Attorney for Royal Executive Park, the development next to Arrowwood, asked that a letter expressing Royal Executive Park's position in regard to future traffic improvements in the King Street corridor, and the commitments of Citicorp and Arrowwood to participate, be entered into the record. 000612 Mr. Cuddy asked that his letter of June 16th also be made part of the record. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Village Board designate itself as Lead Agency in connection with the proposed extension of facilities at the Arrowwood Conference Center. 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 Meiskin, seconded by Trustee Zak, RESOLVED that the Village Board make a declaration of negative environmental impact in connection with the proposed extension of facilities at the Arrowwood Conference Center. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell — I think the Board now needs to digest this information, and the letters from Mr. Cuddy and Mr. Sachs, so than .they can make s decision, and therefore suggest that we terminate the Public Hearing. Ken Heller, resident — suggested that the Board seriously consider requiring that the capacity of the retention pond be increased, because there is notsufficient holding for downstream flooding. Mr. Philip Falcone, civil engineer on the project, explained what detention and storage facilities are in the plans. Mayor Kabcenell asked Mr. Falcone for a short written report on this topic. On the motion on Trustee Nardi, seconded by Trustee Cresenzi, RESOLVED that the Public Hearing on the proposed extension to the facilities at the Arrowwood Conference Center be closed. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE DEDICATION OF PARK AND RECREATION AREA FROM HIGH POINT ESTATES INC. AT THE INTERSECTION OF KING STREET AND LINCOLN AVENUE, 11 ACRES. WHEREAS, the Board of Trustees of the Village of Rye Brook has heretofore on November 13, 1984 adopted a resolution approving a site plan for the development of approximately 200,000 square feet of office apace located on a thirty (30) acre parcel of land located southwest of the intersection of King Street and Lincoln Avenue, designated on the Tax Map of the Village of Rye Brook as Section 2, Block 3, Lot IA-2, and WHEREAS, the aforesaid resolution of approval provided for the dedication of certain property for park and recreation purposes as set forth in Paragraph 4 thereof, to wit: 0006.1,3 "4. High Point Estates, Inc. , which is a joint venturer in High Point Associates, the applicant herein, and which is the current record owner of the thirty (30) acre parcel referred to above, fifty-two (52) acres contiguous thereto on the west and south which are encompassed by the joint venture agreement, and an additional sixty (60) acres which are contiguous on the south to the joint venture property, shall fully discharge any liabilities which High Point Estates, Inc. , High Point Associates, Gerald D. Hines Interests, Ltd., and their respective successors or assigns have or may have, either now or hereafter, pursuant to Section 7-730 of the Village Law of the State of New York, or any other law, or otherwise, relating to parks and recreation purposes, with respect to both the fifty-two (52) acre parcel and the sixty (60) acre parcel referred to above by the dedication to the Village of Rye Brook for parks and recreation purposes of an eleven (11) acre parcel on the westerly side of the right of way referred to in Paragraph 5(a) hereof, as more particularly shown on Exhibit "5", dated October 31, 1984 annexed hereto and made a part hereof. An appropriate deed of dedication to such property shall be executed and delivered to the Village of Rye Brook on or before the issuance of any building permit authorized pursuant to this site plan approval." WHEREAS, High Point Estates, Inc. has offered a deed of dedication of the premises, which are delineated on a survey prepared by Ward Carpenter Engineers, Inc. dated July 14, 1986, a print of which has been delivered to the Village, and WHEREAS, the conveyance of title to the subject property to the Village subject to the conditions, rights and obligations, more particularly set forth therein is acceptable to the Village. On the motion of Trustee Meiskin, seconded by 'trustee Cresenzi, NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook hereby accepts title to the premises more particularly described in a certain deed from high Point Estates, Inc. to the Village of Rye Brook dated July 22, 1986 in accordance with Section 6-624 of the Village Law of the State of New York and Paragraph 4 of the "Resolution Approving Site Plan for Rye Brook Office Park Dated November 13, 1984", on condition that nothing contained herein, express or implied, shall waive, discharge, amend or modify in any respect whatsoever the obligations set forth in Paragraph 3 of the aforesaid resolution. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 000614 it ACRES 1 ROAD P.O.W. 100' I _ r J I� I I J EXHIBIT 5 .. r APPLICATION FOR SUBDIVISION OF PROPERTY ON LINCOLN AVENUE BY LOWENTHEIL & DAUGHTER. 6.79 acres Block 12, Lots 1B1-A2, IBI-B and 1B2-A. Planning Board minutes of June 5th and June 28 were read by Mayor Kabcenell. Present:, Herb Adler, Chairman fy Bernard Klem _ 00061.5 Marilyn Miller Mort Corwin 'June 5, 1986 A. Applicant submits SEQR long form. B. Review of Wiedle report concerning road connections to Lincoln Avenue. Board feels offset intersection at Jennifer Lane unsafe and asks applicant to submit alternatives. Suggested one way street, cul-de-sac, Ken Heller suggests Y shape with 2 cul-de-sac. C. Mr. Adler suggests beginning final SEQR process and hold in abeyance the final road design. . D. Mr. Klem expresses concern for saving trees, applicant agrees to consult Building Department for approval befor destroying trees. E. Resolved: Planning Board will hold a special meeting with applicant and Planning Consultant (Fred Wiedle) next Thursday, June 12, 1986, at 7:00 p.m. to finalize road design and landscaping plan for Board's approval. 2. Royal Executive Park A. Letter from Assessor to Joel Sachs re: splitting of property for tax purposes. Property had been split from 2 to 3 for the 1985 tax rolls as a courtesy that is not final until appropriate Boards finally sub- divide the map. This tax split made no difference in taxeswhileland was still undeveloped. B. Clark Report recommends approval of subdivision. C. Recreation Fees: Previous subdivision approvals (1983) collected recreation fees and preclude anyfeesfor future subdivision. Mr. Klem suggests donating more land. Applicant reiterated that they had planned a ,jogging and fitness course (open to public) which is halfway complete. D. Resolved: Planning Board recommends approval of Royal Executive Park subdivisionprovided the Village Board consult with Village Attorney as to any prior recreation obligations and look into thd,possibility Of additional land being donated to the Village. June 28, 1986 . Present: Herb Adler, 'Chairman - Bernard Klem Mort Corwin 1. Lowenthal: A. Board-disqussed June 12 special meeting where applicant submitted new road 'design with only one entrance and cul-de-sac. The Board felt this desi gn:would be much 'better than 2 entrances to Lincoln. Avenue. B. Applicant explained drainage improvements to Mr. Heller and Mrs. Mulvany. C. Board points out these meetings are about sub-division and not hydralic calculations which would be considered at a later time. Resolved: Planning Board recommends approval of sub-division as presented to subject to: 1. aaTgheg, Village� Board no�to thraot cul-de-sec is 90' as opposed ggto 120' LABCeCUl-dC SeC conf.L iaLlSn'is8an 1 p2Yve�nnyOVOr crea C2ny 2 curb cuts 00091 1. Verification-of the adequacy of northern and southern swails to contain water runnpff: . 3. Confirmation of 110% retention. 4. Applicant submits plan to identify and preserve major trees Prior to corutruction permit, - On the motion of Trustee Nardi, and seconded by Trustee Zak, RESOLVED that the Village Board designate itself as Lead Agency In connection with the proposed subdivision of 6.79 acres on Lincoln Avenue by Lowentheil & Daughter. 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 Meiskin, RESOLVED that the Village Board make a declaration of negative environmental impact in connection with the proposed subdivision of 6.79 acres on Lincoln Avenue by Lowentheil & Daughter. Trustee Meiskin voting AYE Trustee Nardi voting AYE - Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Bruce Smith of Charles Sills Co. for the developer, made a brief Presentation on the proposed development, and there was a discussion on traffic, drainage, tree preservation, screening, buffer zone. Mayor Kabcenell state the motion for approval should include the recommendation of the Planning. Board, i.e. the verification of the swales for containing runoff for 110% retention and preservation of major trees and identification of same, and that the dead or dangerous trees along Lincoln Avenue be removed or taken care of by the developer, and that the recreation fee by satisified. Fritz Weidle said that all of these points will be covered in the draft resolution. On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that the second Public Hearing in connection with this subdivision applicaiton be waived. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Fritz Weidle said that what we are doing is granting approval for the subdivision subject to a resolution of approval being drafted, which you would have another opportunity to look at and to ratify, and which will contain the conditions which we have covered in our discussions, and you will then have an authorization to approve that resolution if you find it satisfactory. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED that the Public Hearing on this subdivision application be terminated. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 00061 / Mayor Kabcenell - the Board has two approaches. I can move to approve it on the basis that these be resolved in the resolution, or the Board can defer action until it receives all. of this information. Trustee Nardi. - I would feelmore comfortable deferring this matter until we have some of these reports. The architect for the project made a short presentation on screening plans. Fritz Weidle said it would be useful to have the screening on the construction map of the overall site. We might require more screening. Mayor Kabcenell - I don't feel that giving approvalsubject to a final resolution is any different to deferring the approval until the - resolution has been presented. Fritz Weidle - the law provides for a preliminary and a final. approvement, but this Board usually works with a final, and I recommend that you continue that way. On the motion of Trustee Nardi, seconded by Trustee Cresenzi, RESOLVED that approval for this subdivision be deferred until the Board meeting on August 26th, 1986. Trustee Meiskin voting AYE 'trustee Nardi voting AYE Trustee Cresenzi. voting AYE 'trustee Zak voting AYE, Mayor Kabcenell voting AYE PUBLIC hEARING - REVISED MASTER PLAN - CONTINUATION. his is a recommendation to modify the existing Master Plan of the 1950's. This is not a hearing to change zoning, it is a hearing to make recommendations relating to a Master Plan which could be followed up if necessary with changes in zoning. Part II of the report - Item 1. Excess hotel property, dealing with the 27 acres of land subdivided from the Rye Town Hilton property on Ridge Street, just north of the Avon apartments. Zoned RIO, but a slightly higher density is recommended, because it abuts higher density zones to the east and south. Recommends extending Wilton Road to Ridge Street. It is very rugged land, there is a dam on it, and a stream and Fritz Weid Le feels it will be very expensive to develop. lie would recommend a zoning somewhere between R7 and RIO - perhaps R8 or R9. 2. Two Family Neighborhoods - Lundell Property - recommendation that it be developed at the existing density, possibly clustered, access should from Wyman Avenue, rather than Ridge Street. Blind Brook abuts the property and would have to be considered in the development of the property. Merritt & Uolby - adjoining the Rye Ridge Shopping Center - recommended use is multi-family, with density of 2,000 sE/du, as opposed to commercial or office use to protect the abutting residential areas. Giorgi (Larrizza) - it is now non-conforming and would be better if it were developed as residential, maintaining the 2F zoning, but no higher than 2,000 s.f. if necessary. 000618 Westchester/Bowman/Ridge Street Frontage Lots - Attorney Kramer .... .... . . . one problem wasnot knowing how far we should allow that area to turn, and I don't think we know now that we have had the study. what percentage and what streets we should permit special uses and which streets we should restrict. How small is a "small office"? We put a hold on development and on special permits because we could not make a judgement and I don't think we are better able to make a judgement having done this, unless we recognise a percentage limit or we look at Westchester and Bowman as separate areas, or we define "small" and "Laboratory". Mayor Kabcenell said we felt that Westchester was considered a more orderly place for special permitted uses because of the nature of the road. I have a feeling that the Board did not want to continue the special permitted uses on Bowman and on Ridge Street between Westchester and Bowman - the Board agreed. Attorney Kramer - that should be incorporated in the Master Plan to limit that area. 'trustee Nardi was concerned about the expansion of special permitted uses to include studios, laboratories and accessory apartments, and that it should be kept to professional offices. City of Rye parcel on Bowman Avenue - most appropriate use is office or open space. There is no indication that it will said - we would like it to stay green. It is now zoned RIO residential, but it is unlikely that it would be developed as such. Trustee Nardi would like it to remain open space or parkland. Fritz Weidle - it cannot be rezoned parkland - it must be zoned to a use which permits some economic return. Trustee Meiskin suggested the best use would be Office, and at the time of development insist on open space. Attorney Kramer suggested that if we feel the best use is parkland we should try to purchase it - that would be much more difficult if the property were rezoned to Office Building. Perhaps we should find out if we could purchase it. Ken Heller said that there had been studies on making that property into a park, and funds were to be made available, and we should check those studies. Rye bought the land to help protect themselves from flooding with a retention basin on the property. Fritz Weidle suggested that we perhaps talk to the City of Rye to find out what they would do. Mayor Kabcenell - we agree that conceptually is that we would like to see or all of that as potential parkland and deal with specific zoning when we get to specific zoning. Trustee Nardi - Bowman/South Ridge, since there will no longer be special use permits issued, and it will remain residential., what happens to those properties which now have legally permitted uses. If the property is sold, willthe new owner be permitted to continue with the special use. Yes - the use goes with the property. Accessory apartments will not be permitted. George Zinsner - objected to the exclusion of Bowman Avenue from the special permitted uses, since he felt half of the house are now used as professional offices. Attorney Kramer pointed out that the text of the recommendation for this area did not Include Bowman Avenue. Mayor Kabcenell stated that we are trying to keep the residential nature of the Village intact. 000!v l t) Mayor Kabcenell. summarized - the desire of the planner in concert with us, is to develop as many places of open land, sidewalks where we can, to encourage people to walk safely wherever we can, and decrease the automobile activity, and to do what we. can in terms of any kind of traffic coordination which will minimize as much as we can, I:raffic congestion. We would like to put untility wires underground - it may not be feasible because it is too expensive to do in developed areas. The purpose of a Master Plan is to put together what we would Like to see in this Village, and then hopefully effectuate as much as possible. Trustee Nardi - I have a concern about multi-family housing in the upper stories of a possible building on the property behind the Rye Ridge shopping center owned by Merritt & Unity. I would not like to see a 3 or 4 story building - I think a 2 story office building would be preferable. Trustee Cresenzi thought office on the first floor and residential on the second, would be a good mix. The Board as a whole felt that retail and residentialmix would be the best use. On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that in concept, we move forward with this as the new proposed Master Plan. Trustee Meiskin voting AYE 'trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell - exact details will be submitted to the Board and then we willmove to document it in exactitude and then deal with the zoning. MORATORIUM ON SPECIAL USE PERMITS - continuation of Public Nearing This includes commercial building permits and subdivision review. On the motion of Trustee Mefskin, seconded by Trustee Cresenzi, RESOLVED that, where consistent with the concept of the new Master Plan which has just been approved, the Moratorium be lifted, and where it is inconsistent that it be extended ninety (90) days. Trustee Mefskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE GARBAGE There is a crisis in terms of: the ability to get rid of garbage. The county has placed restrictions on our ability to dump. They gave us notice last Friday that by Tuesday, we had to have a long range plan for dealing with this. We must reduce the dumping of garbage and trash by 20%. The county has recommended that we sort this stuff and store it until they find a place to put it. The plan we have come up with does permit us to decrease our dumping by 20%. If we work with the plan, we can continue our normal garbage pickups. It really relates to trash, and the segregation of trash, and the recycling of some of the materials, therefore the residents of the village will be required to segregate certain items. Newspapers - which will be recycled, and they will have to be bundled and tied. Another pickup will be for lawn clippings and garden materials, which will be recycled, and there will be restrictions in the way it will be put out. One of the pickups will be for general trash and frankly, we have no idea what we are going to do with it right now because we can no longer dump it at the county sites. One pickup wilt be for brush, branches and twigs, which will have to be cut and bundled in (lC)0 20 accordance with the present ordinance. We are going to find a way to either recycle it or chip it. It is going to be a little bit of a change from putting anything you want to outside every Wednesday, but with this kind of cooperation, we should be able to reach our 20% reduction and therefore not face the fact that the county says sorry, you can't dump. We are going to recycle as much as we can and hopefullywe will get cooperation, and if we don't then we will have to enforce it in some other manner. A letter will be going out In details shortly, informing you how things will be picked up and a calendar of when certain items can be put out. This will be the only way we can function. Ken Heller - there is an ordinance on the books, against composting. Composting is probably one of the most beneficial things a homeowner can do. Mayor Kabcenell - the county is recommending that everyone keep their clippings and their leaves and compost it themselves. Ken Heller - I would suggest that the ordinance be removed. Mayor Kabcenell - construction debris and heavy items such as stoves and refrigerators can only be picked up by special arrangement with Carlucci. Grass clippings will have to be in open containers, not in bags, and trash can be placed at the curb on Tuesday night before the scheduled trash pickup. We have a law on the books which calls for fines, we don't want to do that, but we may have to. DISCUSSION - BURGLAR ALARMS. We get complaints especially during the summer, someone goes off for the weekend, the alarm goes off and we have no way to turn it off. We have been putting together an alarm ordinance for some time. One of the issues is that every alarm have a cut-off time, the second Issue we should consider is whether an outside bell is appropriate. 'third - should there be a required registration of alarms, this will then give us somebody to call. Another issue is false alarms - del iberate or accidental. Would you believe that we have had people set off their alarm and then time the arrivalof the police? Accidental - we have instances, usually in commercial outfits, where the alarm has gone off a large number of times, both fire and burglar. We should try to coordinate our ordinance with the Port Chester fire alarm ordinance. I would like this to be on the agenda for the next meeting. RESOLUTIONS. PARK CLOSING TIMES. WHEREAS the Recreation Commission has recommended that the Village Board establish closing times for Village parks, On the motion of Trustee Zak, seconded by Trustee Cresenzi., BE IT RESOLVED that all. Village parks be closed as follows: between 7.00 P.M. and 6.00 A.M. October let through March 31st between 9.00 P.M. and 6.00 A.M. April 1st through September 30th BE IT FURTIIER RESOLVED that signs be placed in all parks clearly sLaLing the designated closing times. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 00062.1. RESOLUTION — VILLAGE OFFICE APPOINTMENT. On the motion of Trustee Meiskin, seconded by Trustee Cresenzi, RESOLVED that Maria Maher be hired as an Intermediate Typist/Account Clerk, at an annual salary of $17,500. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE GARIBALDI AREA PARKING SITUATION. Mr. Kirkpatrick said that nothing seemed to be getting done in terms of solving this problem. Mayor Kabcenell said that there had been meetings and a Lot of input from residents of the area and that it had been referred back to the Recreation and Traffic Commissions for recommendations. The meeting was adjourned at 11.30 pm.