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HomeMy WebLinkAbout1985-07-23 - Board of Trustees Meeting Minutes VILLAGE BOARD MEETING AGENDA JULY 23, 1985 1. Approval of Minutes 2. Public Hearings - adjourned from meeting of June 25, 1985 a. Iorio Subdivision 5 lot subdivision on Westerleigh Rd. & Lincoln Ave. b. Franel Management Corp. - adjourned from meeting of May 28, 1985 2 lot subdivision on King Street. 3. Communications a. Royal Executive Park - Request to amend site plan for phase 1B. b. Letter of Resignation from Donald M. Brown, Superintendent of Public Works. 4. Discussion & Reports a. Traffic Commission b. Fire Prevention Regulations in public places c. False Alarms - Review and response to Port Chester Alarm Law. 5. Resolutions a. Appointments to Cable T.V. Committee and Architectural Board of Review b. Authorization to expand funds from Recreation Trust Fund r 00(!5t) MINUTES OF REGULAR MEETING HELD BY THE VILLAGE BOARD ON JULY 23rd, 1985 at the Village Office, 111 South Ridge Street, Rye Brook, at 8_00 P.M. PRESENT: Trustees Cresenzi, Meiskin, Nardi, Zak Treasurer Cortese, Attorney Kramer, Clerk Smith ABSENT: Mayor Kabcenell Dn a motion made by Trustee Zak, seconded by Trustee Nardi, RESOLVED that the minutes of the Agenda Meeting held on June 11, 1985 and the Regular Meeting held on June 25, 1985 be accepted as presented. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT PUBLIC HEARINGS: IORIO SUBDIVISION - continuation from June 25, 1985 In attendance were Vincent Iorio, President of Iorio Construction, as well as a number of residents in the area of Westerleigh Road and Lincoln Avenue. A report by Frederick Wiedle of Frederick P. Clark Associates dated June 14, 1985, contained recommendations regarding width of the new road, cul-de-sac and Westerleigh Road, among other things. Copy of :eport is annexed hereto. .,Ir. Iorio indicated he had no problems complying with the recommendations of Frederick P. Clark Associates. Mr. Iorio proposes to fill in part of the flood plane and build retaining walls so that the homes of Lots 3, 4, and 5 will have a first floor abcve the L00 year flood plane. Residents in attendance cited concerns such as flooding; especially if the flood plane area is filled in and retaining walls are erected. This, it was felt, would redirect water into neighboring yards. Also of concern was unnecessary tree removal. Trustee Cresenzi will be notified when the builder, Mr. Iorio, has marked the trees that are to be removed. Trustee Cresenzi also indicated that a 24 foot width of road should be considered so that emergency vehicles have access when necessary. Trustee Nardi suggested dry well containment for each lot in order to a 000530 help prevent flooding. Trustee Zak suggested that there should be some indication that some of the homes could be subject to flooding. Trustee Meiskin indicated to the builder, Mr. Iorio, that a recreation fee would have to be paid at the rate of 10% of the land or land value. This will be subject to appraisal and negotiation. On the motion of Trustee Nardi, seconded by Trustee Cresenzi. WHEREAS, the Village Board has reviewed the Frederick P. Clark report of June 14, 1985,. and WHEREAS, the developer has agreed to comply with the elements of the Clark report, and WHEREAS, the Village Board has found a negative environmental impact. BE IT RESOLVED that the subdivision and general site plan entitled proposed construction for "the Westerleigh along the brook" by Paul J. Petretti (6 pages) be approved, subject to the following conditions: a) Detailed construction drawings be approved by the Village Engineer prior to any construction. b) Road pavement widths be increased to 24 feet and the cul-de-sac pavement radius be 40 feet. c) An engineer's estimate of the cost of construction of streets and utilities and all other improvements shown on final construction plans be furnished to the Village Engineer. d) Formal offer of cession t0 the Village of all streets, parks and utilities not to remain private. e) Removal of trees be subject to the approval of the Building Inspector. f) An evergreen screen be planted around the cul-de-sac area to prevent headlights from shinning into homes. g) That the first floors of homes on lots 3, 4 & 5 be above the 100 year flood elevation and that basements not be provided (crawl spaces, only) on lots 3, 4 & 5. h) 100% of all run off from the subdivision site be retained on the site. i) A Performance Bond for the full amount of the improvements ')e furnished. j) A Maintenance Bond (amount to be determined by Village Engineer) be provided for one year from date of village acceptance of road and - m C30t15 �. utilities. BE IT FURTHER RESOLVED that all fees including: a) Application fee b) Environmental review fee c) Construction inspection fee d) Recreation fee be paid prior to filing of map in County Clerk's Office, and BE IT FURTHER RESOLVED that the recreation fee be 10% of appraisal value of land (subject to negotiation) . The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT FRANEL MANAGEMENT CORP. - continuation from May 28, 1985 and June 25, 1985, Trustee Meiskin read a report from Village Engineer, Felix Fidelibus, which states that in Mr. Fidelibus' opinion two (2) lots do not comply with the Zoning ordinance. An appeal may be taken, however, to the Zoning Board of Appeals. Attorney Kramer also agreed with Mr. Fidelibus' interpretation and suggested that perhaps the Zoning Ordinance should be changed by Local Law. However, this is a matter for the Village Board. Mr. Bruno Gioffre, attorney for Franel Management remarked that in his opinion, the lots do comply with the Zoning Ordinance. A report submitted by Frederick Kellogg, Consulting Engineer, concerned the drainage consequences of the proposed two (2) lot subdivision. Copy of the report is annexed hereto. Concerns raised by area residents included dumping of fill (some of it trash) on the property, as well as the fact that some road work has been started. On a motion by Trustee Nardi, seconded by Trustee Cresenzi, RESOLVED that the Public Hearing on the application for subdivision by Franel Management Corp. of property on upper King Street be adjourned to the next Regular Meeting of the village Board on August 27, 1985 at 8:00 P.M. The vote on the motion was as follows: (3) m 0') Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT On the motion of Trustee Nardi, seconded by Trustee Cresenzi., RESOLVED that the Village Planning Consultants be author:.zed to study .nd report on the feasibility of amending the Zoning Law to provide for onsideration of creating and building on flag lots. -'he vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT COMMUNICATIONS: ROYAL EXECUTIVE PARK Mr. Joel Sachs of Plunkett & Jaffe, P.C. appeared to request modification of Royal Executive Park's site plan approval resolution of October 23, 1984 in order to allow Royal Executive Park to remove the enclosed atrium and replace it with an open court yard. On the motion of Trustee Nardi, seconded by Trustee Zak, WHEREAS, on October 23, 1984 the Board of Trustees of the Village of Rye Brook approved a site plan for Phase 1B of Royal Executive Park in order to allow the development of three office buildings each of .pproximately 90,000 square feet on Upper King Street in the Village of :ye Brook and; WHEREAS, said site plan approval resolution contained numerous requirements and conditions imposed upon the applicant, which conditions shall remain in full force and effect and; WHEREAS, on or about June 3, 1985 Royal Executive Park applied to the Board of Trustees for a modification in the site plan as approved on October 23, 1984, which modification would remove the atrium between the three office buildings and substitute in its place an open courtyard with landscaping and sculpture and; WHEREAS, said revised site plan has been reviewed and approved by Frederick P. Clark Associates, and; WHEREAS, on June 20, 1985 the Board of Architectural Review of the Village of Rye Brook approved.the revised site plan and; WHEREAS, on July 11, 1985 the Village Planning Board of the Village of L4) 0O0t) Rye Brook approved the revised site plan, and; WHEREAS, after due deliberation at a meeting of the Board of Trustees of the Village of Rye Brook on July 23, 1985; IT IS RESOLVED THAT the Board of Trustees of the Village of Rye Brook hereby approves the revised site plan for Royal Executive Park chase 1B as prepared by Conseco/DMJM as follows: Sheet Nos. L1, L2, L3, L4, LS and L6 - dated April 5, 1985 Sheets Al to A18, dated March 1, 1985, and; IT IS FURTHER RESOLVED that all terms and conditions of the October 23, 1984 site plan approval resolution granted for Phase 1B of Royal Executive Park remain in full force and effect and are binding upon the applicant and the property. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT RESIGNATION OF DONALD M. BROWN, Superintendent of Public Works Trustee Meiskin read a letter of resignation from Donald M. Brown, Superintendent of Public Works effective August 1, 1985. Trustee Meiskin commended Mr. Brown on his years of public service. Copy of letter annexed hereto. On the motion of Trustee Nardi, seconded by Trustee Cresenzi, BE IT RESOLVED that the resignation of Donald M. Brown, Superintendent of Public Works, effective August 1, 1985, be accepted with regret and appreciation of the years of dedication and public service. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT DISCUSSION AND REPORTS; TRAFFIC COMMISSION Trustee Meiskin commended Mr. Joseph Pellinc, Chairman of the Traffic (S) d J00514 Commission, on the work of the Commission. Regarding 287 Bowman Plaza, the Traffic Commission voted 6 to 0 in favor of a no right turn restriction. This restriction was a part of the builders agreement with the Village Board. The builder/developer is to be contacted regarding compliance. This item is to be placed on an Agenda for a future Board Meeting in connection with requesting a Local Law concerning the no right turn restriction. FIRE PREVENTION REGULATIONS During a meeting held with Mayor Kabcenell, George Morrow and Frank Arbusto, a schedule of priority inspections was established. These included the Rye Town Hilton, Arrowwood, Bowling Alley, Theatre, Restaurants, Dry Cleaners and Gas Stations. It was the sense of the Board that the Royal Executive Park, Posillipo Center and Crawford Mansion be included as priority inspections. On the motion of Trustee Zak, seconded by Trustee Cresenzi, BE IT RESOLVED that the Mayor of the Village of Rye Brook be authorized to hire Mr. Frank Arbusto as Fire Inspection on an hourly basis of 840.00 per hour with a maximum of fifty (50) hours. The1vote on the motion was as follow: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT FALSE ALARMS This item is still under review and will be taken up at the next Regular Meeting. RESOLUTIONS: CABLE TV On the motion of Trustee Zak, seconded by Trustee Cresenzi, BE IT RESOLVED that Ronnie Stein of 83 Country Ridge Drive, Rye Brook, be appointed to the Committee on Cable TV. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT r fJ(1() ,1 ARCHITECTURAL BOARD OF REVIEW On the motion of Trustee Nardi, seconded by Trustee Cresenzi, BE IT RESOLVED that Alan Briskman of Country Ridge Drive be reappointed to a three (3) year term on the Architectural Board of Review, said term to expire at the end of the official year in 1988, and BE IT FURTHER RESOLVED that Amerigo Liberati of 27 Hillcrest Avenue be reappointed to a three (3) year term on the Architectural Board of Review, said term to expire at the end of the official year in 1988. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT RECREATION TRUST FUND - Authorization to expand funds On the motion of Trustee Zak, seconded by Trustee Cresenzi, 1 BE IT RESOLVED that the Treasurer be authorized to issue checks from the Recreation Trust Fund for: $3,300.00 - Heavy equipment to regrade Rye Hills Park 7,000.00 - Improvements - raking & seeding of Fye Hills; Park 2,500.00 - Grading and retaining walls at Garibaldi lark 6,000.00 - Purchase of land adjacent to AJP $18,800.00 and, BE IT FURTHER RESOLVED that the Treasurer be authorized to issue manual check numbers 1184 - 2636 and ADP check numbers 3148 - 3509 for Village expenses. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE. Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT On the motion of Trustee Zak seconded by Trustee Nardi RESOLVED that a temporary position be created; i.e. Heavy Motor. a ;0 0 051 Equipment Operator/Mechanic at a salary of $26,028, plus $1,060 per year additional for supervisory duties, to expire 12/31/86. The vote on the motion was as follows: Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell - ABSENT OTHER ITEMS: Mr. Leon Malin, a resident of Mohegan Lane, asked to address the Board on the matter of construction on lot 34 Talcott Woods bordering his property. In his opinion, this is non-conforming and is not being done in a proper and orderly manner. Mr. Malin stated that the footings for the house in question are less than the required 70 feet from his property line. This has been independently surveyed and the house does comply with the required 70 foot distance from Mr. Malin's property line. However, the original design of the house; i.e. with deck, will not be erected since the deck would be less than 70 feet from Mr. Malin's property line. A stop work order is to be issued by the Acting Building Inspector, George Morrow, until this matter is resolved. The owner/builder must also submit a screening plan for the area along Mr. Malin's property line to Mr. Fidelibus for his approval prior to any Certificate of occupancy being issued. Trustee Zak again mentioned the absence of street lights for the last four (4) weeks on Rye Hills. Perhaps emergency powers should be invoked. The Board was advised that con Edison does want to meet with the Board and the residents in order to resolve this situation. A question was raised from the floor regarding extremely poor visibility at various intersections in the Village of Rye Brook. It was decided that this matter would be referred to the Traffic Commission; placed on a future Agenda, and included in the next Village Newsletter. Trustee Meiskin commented about airplane complaints. If anyone has a complaint about noise, etc. , they should call (914) 939-8484. If they have difficulty in getting an answer at this number, Trustee Meiskin would like to be notified. The next Regular Meeting of the Village Board will be held on Tuesday, August 27, 1985 at 8:00 P.M. The meeting was adjourned at 10:35 P.M. r