HomeMy WebLinkAbout1984-07-24 - Board of Trustees Meeting Minutes 030.1
MINUTES OF REGULAR MEETING HELD JULY 24th, 1984 at 8 P.M. AT THE
VILLAGE OFFICE.
Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak,
Attorney Kramer, Treasurer Cortese, Clerk Smith.
Minutes of the meetings of June 12, June 26th and July 10th were
accepted as submitted.
PUBLIC HEARING — NATIONAL FOOTBALL ASSOCIATION & HALL OF FAME.
-� This is a request for a Special Permit pursuant to Section 66.6H
which would allow the use of a single family residence on Magnolia
Place to be used as offices for the Foundation.
Mayor Kahcenell summarized the request by stating that it was the
intention of the Foundation to use the dwelling as a principle
residence for their chief admininstrative officer. In addition,
the Foundation would conduct its business from this location
during the week. This would entail four opfive secretaries
working on a daily basis. There would not be a problem with parking
since there is presently enough space for five automobiles. All of
the activities of the Foundation are conducted through the mails or on the
telephones so consequently there would not be any visitors to the
premises.
Mayor Kabcenell said this had been presented to the Planning Board several
times and quoted from the minutes of the June 14th meeting:
3. National Football Hall of Fame -- Albert
Pirro, Esq. for the developer. The deve oper wants a .
special exception use permit to permit the National Football
Hall of Fame to conduct a clerical operation at 3 Magnolia
Drive for its non-profit organization. The facility would
-- have both residential and business use, with five clerical
workers in addition to the resident-manager. The applicant
undertook to put up no signs, not to operate as a business
in the evenings or on weekends, not to change the outside of
the residence to look more commercial, not to request any
tax-exempt status, not to permit any meetings, dinners,
exhibitions, visitors or retail sales on the premises.
Applicant did not, however, supply any concrete proposal on
how these undertakings might be readily enforced.
Applicant indicated that without tandem
parking, there would be enough room for approximately four
cars in the parking area. Considering that there would be
approximately two cars for the resident-manager and five
cars for the clerical staff, this would be about three
spaces short, unless the staff was shuttling care for lunch
and business trips. The applicant pointed out that it had a
non-recoverable $26,000 down-payment on the site.
The Board pointed out that there appeared to be no
benefit to the community from the site, only benefit to the
applicant, unlike other facilities which could be granted
special-exemption use permits. Moreover, the Board pointed
out that the use was essentially indistinguishable from a
commercial use.
Many neighbors of the site were present; none of
them was in favor of the proposal. The Board concluded that
this would be essentially a business use in a private area
and recommended disapproval of the special exemption use
permit by a vote of 4-0, reserving the right to make
specific findings at a later time. Upon inquiry, the
applicant said that there was no need for the Board to make
any findings, in view of the fact that its powers were that
of recommendation only.
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Albert J. Pirro Jr. , representing the petitioner, referred to a zoning
and property analysis report in connection with their request, and presented
an affidavit from Vincent Be Paul Draddy, Chairman of the Foundation.
Mr. Pirro wanted to clear up what he thought were misconceptions in
connection with this application — it would not be open to the public, and
quoted from Para. 56 on page 15 of the affidavit (on file in the Village
office).
He said that the Town Code which we have inhertited did provide for
special permit uses in connection with nursery schools....... .. .. .. ... _.
and charitable and eleemosynary institutions. Mr. Pirro asked
that that the Board declare itself the Lead Agency, which Ms. Kramer
suggested be done, and also make a negative declaration based on the
short form EAF which was part of the application.
On the motion of Trustee Nardi, seconded by Trustee Zak,
RESOLVED that the Board of Trustees of the Village of Rye Brook declare
itself Lead Agency in connection with the Special Use permit application
of the National Football Association and Hall of Fame.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
Attorney Kramer said next we had to make a decision as to whether an
Environmental Impact Statement would be required based on the Environmental
Assessment Form which has been furnished. Mayor Kabcenell recommended
that the EAF be accepted, there does not seem to be any environmental
impact, so there is no need to delay this matter further.
On the motion of Trustee Nardi, seconded by Trustee Zak,
BE IT RESOLVED that the Environmental Assessment Form be accepted and
that no Environmental Impact Statement is necessary. ..
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor KabcenelL voting AYE -
Mayor Kabcenell said that we have now waived the need for a further ,
EIS and we will now address the issue.
The indications of the Planning Board seem to cluster on the fact that
this an office use and even though it is for the purpose of a non—profit
organisation, they seem to find no difference in this use or a
commercial use.
Herb Adler, Chairman of the Planning Board, said the Planning Board does
not dispute the charitable nature of the work, the application was for
a special use permit which is discretionary with this Board. We have
examined the code and find that the type of uses which are permitted as
special uses are those which provide special attachment to the health and
welfare of the people in the surrounding area. The code permits
charitable use in a residential area, we feel this is a business office for
a charitable organization. It would be a bad precedent for this Board
to allow business uses even if it is for a charitable organization.
Based on this it was our recommendation that the Board disapprove this
application.
Several residents of Magnolia Drive voiced their disapproval in connection
with this application —
Michael Nissman, Harmon Millrod, Debra and Terry Most, Mrs. Ronald Valenti,
Alan Katcher, Emil Giliotti.
Mayor Kabcenell summarised that there is obviously no challenge as to the
stature and the goals of the Foundation, the questions seem to revolve
around a few questions —
PLODDING AND DRAINAGE REPORT
July 24, 1984
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This report is an attempt to identify the drainage problem areas within
the Village. It will also, where possible, discuss the causes leading to
the problem and possible actions to implement solutions.
1 The drainage problems within Rye Brook primarily are directly or indirectly
j ! associated with the two major brooks which flow through the Village; namely,
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the Blind Brook and it's smaller branch.
Blind Brook, which the Village shares with Harrison and which flows
virtually the entire north-south length of the Village while the smaller
branch of Blind Brook flows southerly from the area east of Ridge Street
crossing Ridge Street in the vicinity of Ridge Boulevard, does not become
a problem for private residential property in the Village until it approaches
the properties on Country Ridge Drive and County Ridge Close. South of the
Hutchinson River Parkway Blind Brook does affect, at times of heavy rain, both
public and private properties along:
Westerleigh Road
Lincoln Avenue
Brook Lane
Westchester Avenue
Bowman Avenue
Wyman Street (Deadend 5 Wyman Street North)
In the recent storm the most severe damage has been caused along the
western border of properties along Brook Lane and to homes on Wyman Street.
The Retention Basin constructed by General roods has helped considerably
in reducing the flooding in the areas south of Bowman Avenue. The basin being
constructed by 287 Bowman Plaza should also reduce the flooding in this area.
The Retention Basins built at Royal Executive Park, Arrowwood, and Talcottwoods
have undoubtedly reduced the rate of increase in the Blind Brook flow during
heavy rain fall. However, these basins were designed and built to take the run
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0 ff from their respective developed water collection areas (parking lots, roofs,
etc.) and therefore do not noticably reduce the flow in Blind Brook. These
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basins are not as effective as they should be and thought should be given to
having them examined by experts to find ways to make them more efficient.
Flooding caused by BIind Brook to properties along and near the brook,
the flooding of village roads and the blockage of village out-flow pipes from
j our storm water drains by high water, is not going to be entirely stopped until
large sums of money are spent for flood control measures along the brook and
its western tributaries.
The sums to be spent are probably beyond the village financial capabilities.
The best and possibly only solution is the two Federally funded Flood retention
Dams proposed for the Purchase area, appeared in 1981 by Westchester County but
now in litigation.
If and when these two Dams are built they will solve a majority of the
problems along this brook. Until then only less effective stop-gap measures
can be taken to limit the loss of public and private property.
The east branch of the Blind Brook is smaller and flows less violently
then the Blind Brook but in the drainage area south of the Hutchinson River
Parkway, east of North Ridge Street and west of King Street its lack of
depth and at times heavy flow causes problems for private homeowners and for
the village storm drainage system which empties into it.
Rockridge Drive (between homes numbered 50 - 58) are hardest hit by flood
waters from the east branch. These five homes not only are regularly flooded
but also have difficulty with the sanitary sewer system which will be dis-
cussed in more detail ater in this report.
Homes on Valley Terrace, (Nos. 71 5 73) and properties on Knollwood
Drive flood when water rises abnormally in the east branch.
The circle at the intersection of Hdgewood, Hillandale, Loch Lane,
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Beechwood and Woodland Drive floods during heavy rains. Further investigation
is necessary here for it has not been specifically determined whether the
flooding is due soley to high water in the east branch, or to the constricted
water-way leading to the east branch from the circle.
Drainage as far away as King Street is affected by the condition of the
' east branch. A11 surface run off and drainage structures from the Port
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� Chester border north-westerly along the Connecticut border flow to the east
' branch. A few areas, the Atrium, part of Country Ridge, a part of Citicorp
project, and part of Royal Executive Park flow to the Byram River Basin in
Connecticut. T
The east branch when it overflows, which can be caused by a relatively
minor rainfall, disrupts storm water drainage into it causing road and property
damage some distance from it, as well as damaging those properties that border
it.
In 1982, a preliminary plan for improvements to the east branch was pre-
pared by DMJM Rotfeld, Consulting Engineers.
This plan proposed improvements to the brook that would have significantly
helped reduce the problems in the drainage area but was never implemented'.
All or portions of this proposal could be implemented. if done, it would
improve conditions along Rock Ridge Drive as well as provide relief in
various stages to property both north and south of Acker Drive.
The improvements proposed by the Rotfeld firm in 1982 would provide
significant additional water run off storage by constructing a berm around
most of the perimeter of the 61 acre Village owned property north of Acker
Drive, and by dredging the stream to increase it's capacity. In effect,
constructing a retention basin to the east of the Rock Ridge Drive properties.
The east branch problems would be somewhat alliviated by two other measures:
1. The small body of water to the west of North Ridge Street, referred
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to as Prices Pond, could be dredged and enlarged to
� g g provide additional storm
run-off retention. The feasability of this project should be studied.
2. The retention basin at the Arbors should be carefully examined, for
j in recent storms it has not acted as a retention basin except in a very minor
way.
�) The basin was designed to rise a maximum of 7 feet and hold approximately
7 1 and 16- million gallons of water during severe storms.
In the most recent storms, it rose a maximum of 18 inches and probably
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did not hold 15% of it's design capacity.
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The basin is heavily overgrown and badly needs cleaning and clearing.
A cursory Iook at the basin indicates that with minor adjustments it
can be made to act as a retention basin and could have a significant effect
' on the flow in the east branch.
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All retention basins in the Village should be examined to determine how
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to achieve maximum effect from them.
- There are numerous other problems not directly affected by Blind Brook or
the east branch of Blind Brook.
These problems are mainly associated with run-off collected on private
property and drained onto Village roads or with lack of Village drainage
facilities or undersized Village drainage facilities.
These problems cause flooding on private property as well as Village
property and serious ice conditions occur during sub-freezing weather.
A complete list of reported problem areas, including areas affected by
the Blind Brook and it's east branch, are as follows: '
1. Wyman Street, (Deadend and Wyman Street North) - This area floods when
the Blind Brook overflows it's banks.
2. Garibaldi Place - This area floods when the catch basins in the park
fail to take the excessive run-off.
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3. Ellendale Avenue - This area has an ice problem when the drains from
homes run-off onto the roadway.
4. Franklin Street - This area floods when the catch basins fail to take
heavy run-off.
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5. Barber place (No. 9) - This area has an ice problem when frozen ground
doesn't absorb the rain water.
6. Osborne Place (Deadend) - This area does not have a drainage system.
Water runs between the properties causing ice or water build up.
I 7. Hawthorne Avenue (E# & B) - Water 'Puns from driveway and the road
grade is not enough to carry water to the catch basin. Ice builds up in
the winter.
B. Valley Terrace (Nos. 71 & 73) - This area floods when the east branch
of the Blind Brook over flows it's banks.
9. Valley Terrace (Nos. 27 & 29) - Water builds up in front of the house
causing ice conditions.
10. Betsy Brown Road (1st house on right going into Elm Hill) - Water
comes off property causing ice condition, they have plastic along roadway
with stones on top of it making it hard for water to penetrate the ground
so it runs off onto the road.
11. Betsy Brown Road (No. 175) - This area floods when house drains
become clogged or backed up when the catchbasin doesn't take the excessive
run-off.
12. Jacgueline Lane (Nos. 1 & 3) - Water comes out of a pit covered
with a steel plate causing ice problems. '
13. Knollwood Drive - These homes flood when the Blind Brook overflows
it's banks.
14. Rockridge Drive - (Nos. 50, 52, 54, 56, & 58) - These homes flood
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when the east branch of the Blind Brook overflows it's banks during excessive
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rains. AIso, some of these homes get sewage backup when the sanitary lines -
can't handle the flow.
15. Rockridge Drive (No. 71) - Water comes from the back of the house
onto the road causing ice problems.
_ 16. Rockridge Drive (No. 41) - Water comes off the lawn causing ice build-
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up in cold weather.
r) r)
1 17. Meadowlark Road (No. 28) - Sanitary sewer back-up, the line will not
take all the flow.
18. Oriole Place (Nos. 6 & 7) - Water drains continuously from rear yards
onto the street causing ice problems. Could be a sump pump.
19. Oriole Place (No. 9) - Water drains from rear yard onto the street
causing ice problems.
20. Hillendale Road (43 Barber) - Water runs off property causing ice
problems.
22. Bishhp Drive(No. 30) - Septic tank overflows causing ice problems.
They have been in court with Department of Health.
22. Loch Lane (Nos. 8-20) - Water comes from Comely Avenue intersection
and King Street area through pipes, on private property, causing erosion
and washouts.
23. Loch Lane (odd numbers) - Water in brook erodes the property during
heavy rains.
24. King Street (Nursing Home) - Water doesn't stay in gutter causing
ice problem.
25. King Street (Messina) - Water runs down drive causing flooding problems.
26. King Street (school property, old driveway) - Water runs off property,
catch basins can't take it so it flows across the street into the Maduri
property.
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27. King Street (Elks Club) - Water runs off property causing ice problems.
28. King Street - Water runs off Greenwich properties causing ice problems.
Greenwich usually helps take care of it.
29. King Street (Royal Executive Park) - Pond over flows onto King Street
during excessive rains.
' 30. Xing Street (Lincoln Avenue) - Water comes off Connecticut side
causing ice problems and flooding problems during heavy rains.
33. Country Ridge Drive North (No. 7) - Flooding condition actors when
the catchbasin cannot carry all the run-off.
32. Country Ridge Drive (No. 17) - Water flowing onto road causing ice.
33. Country Ridge Drive (Nos. 28, 33, 37 & 41) - Water being pumped onto
the road causes ice problem.
34. Country Ridge Drive (No. 56, corner. of Fairlawn Parkway) - Water
flows into yard during heavy rains.
35. Country Ridge Drive (No. 128) - Sewers back up during heavy rains.
36. Country Ridge Drive (Nos. 168 - 172) - Water runs off when ground is
frozen causing ice problem.
37. Holly Lane (No. 20) - Water comes out of the ground. The water company
says it is not theirs. Causes ice problems.
38. Holly Lane (No. 2) - Drain in rear or side yard is collapsed. It is
not the Village's, but an old farm drain.
39. Holly Lane (No. 4) - Affected by the collapse of the old farm drain.
This drain is on private property. It does flow under Village Street in places
and the Village has built a catch basin over it on Lawridge. This drain is
apparently essential to the Holly Lane properties, however, because it is
on private property and the location of the ends are unknown, it causes
special problems to the Village as well.
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40: Fairlawn Parkway (between Holly & Country Ridge Dr) - Water goes over
the curb in heavy rains into the back yards.
41. Lawridge Drive (No. 22) - Water from the bath Bard runs onto the street
iwhen the ground is frozen and causes ice problems.
42. Lawridge Drive (No. 30) - Water runs continuously from a pipe at the
° side of.the road cuasing ice problems.
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j 43. Rockinghorse Trail (No. 40) - Water sits in the road and freezes.
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44. Rockinghorse Trail (No. 54) - Sewer line backs up during heavy storms.
45. Country Ridge Circle (No.45) - Water backs up in driveway during
heavy storms.
46. Old Orchard Road (No. 101) - Water flows from the building parking
area over the driveway in heavy storms.
47. Winthrop Drive (No. 4) - Water flows between houses onto the road
causing ice problems.
48. Berkley Drive (Nos. 2, 4, 6 & 8) - Water flows from houses causing ice
problems.
49. Berkley Drive (Nos. 26 & 30) - Water runs off rear yard onto Berkley
Drive causing ice.
50. Betsy Brown Road (No. 309) - Water runs between houses onto road causing
ice problems.
51. Elm Bill Drive (No. 10) - Water flows down drive flooding garage.
52. Donwit Road (No. I or 3) - Water flows over curb causing ice problems.
53. Old Oak Road (No. 2) - Water flows off property causing ice problems.
54. Bonwit Road (No. 15) - Water from Red Roof Farm property washed out
yard at No. 15 and continued onto street, also flooded No. 15 out.
55. Mohegan Lane (No. 7) - Same problem as No. 54.
56. Pine Ridge Road - (Nos. 2, 8 & 16) - Water flows off property causing
ice problem.
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57. Pine Ridge Road (No. 17) - Water flows from side yard of house.
58. Talcott Road - Numerous water flows onto the street from rear and
side yards. A serious toe problem in the result.
59. Jennifer Lane (No. 14 & 16) - Water flows out of center of road
causing ice problems. The area needs storm drains.
} 60. Lee Lane (No. 8) - Water flows from stone curbing causing ice problem.
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61. Terrace Court (corner near Zak) - Water flows out of drain when
drain freezes causing ice problems. Storm drains are needed.
62. Bell Place (Nos. 9, 10 & 12) - Water flows over surface causing ice
problems.
63. Wilton Road (Nos. 2 & 3) - Water flows from edge of road causing
ice problems.
64. Lincoln Avenue (No. 18) - Water flows out on road causing ice problems.
65. Westchester and Lincoln Avenue - Drains will not take water in heavy
storms.
66. Westchester Avenue (No. 713) - Drains won't take heavy storm water
it backs up in the yard.
67. Brook Lane (Nos. 11 & 14) - Catch basins backup when brook is higher
than outlet.
68. Brook Lane (No. 10) - Wall along brook collapsed during heavy storm.
69. Ridge Street @ Avon Circle - Brook pipes do not take water in heavy
storms.
70. North Ridge Street (No. 239) - Surface water 'flooded home.
71. Bownman Avenue (near Brook) - Pleads when brook is extra high.
72. Bowman Avenue (all along) - Drainage ditch needs reconstruction,
causes ice in spots.
73. Bowman Avenue (near Blind Brook) Con Ed manhole fills and overflows
in large storms causing ice.
The entire question of responsibility for water flowing onto public
property from private property most be examined.
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If possible, a clear definition of what the village can and should do
to solve or help solve these problems must be determined.
Where it is a village responsibility, the Highway Department must take
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j all necessary steps to correct the situation. When and where it is the pro-
ft
r perty owners responsibility, a procedure for notification and correction of
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the problem should be adopted.
The last point to be addressed in this report is the serious matter
OACC'n a.It,
of the introduction of storm water damage into the sanitary sewer system.
A certain amount of runoff and ground water gets into the sanitary
sewer system through infiltration. This is being corrected to a large
extent by the sewer rehabilitation work presently going on in the Village.
The more serious problem is the deliberate pumping of storm or ground
water into the sewer system. This causes an overloading of the system and
severe back up into many residents homes.
The county is beginning to address this problem. However, plans are
to have the local communities pass and enforce codes that prevent this
type of discharge.
This problem must be addressed. It is very difficult and solutions
and answers are not easily found.
Each house with sanitary sewers must be checked for connections that
allow storm water to enter the sewer system.
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Those connections must be di.sconnnected and removed.
Alternate methods of drainage must be provided either by the
property owner or village.
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Solving the storm water/sanitary sewer problems is one of investi-
gation, enforcement and possibly, additional storm water drainage facilities
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J ` as well as additional man power..
Prepared and Submitted by
4.rSe . lorrow
Special Assistant to the Mayor
Assisted by:
Donald Brown, Supt. of Public Works
Felix Pidelibus, Building Inspector
AIJV W WES NESTS
OUNIY
AIRPORT
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LEGEND
FLOOD HAZARD AREAS WATER FEATURES
HUD Phase 11100 year HUD Phase l or other Streams Lakes HEST
frequency flood elev- Preliminary Study S�
ation established
Outdated sewers lead
to polluted beaches
THE RAW.sewage flow that closed beaches on Long
' 'Island.Sound.and Hudson River last week can be
traced back to every old and overburdened drainage
system in Westchester.
Cities, towns and villages cannot control the heavy
rains that send huge volumes of water down the drains -
and through the watercourses. But they can work at
preventing the deluge from getting into the sanitary
sewage system and overwhelming the sewage disposal
plants at the shore.
_. What use is it to improve the quality of the water '
treatment at these plants — as is being done — if
floodwaters,simply bypass the plants and flush-raw
i sewage into the Sound?
It all begins with overbuilding.
Oter Local communities do not look
beyond their borders when they
Mews allow absorbent open land to be
built on or paved over. If commu-
nities are looking simply for rat-
ables to increase tax revenue, they are tempted to ignore
a fundamental fact of nature: Water will seep in or run
off to somewhere — somebod;s basement or the sani-
tary sewer system.
At the same time, sewage systems grow older and
develop leaks. The water that accumulates in people's
basements is often flushed into the sanitary drains when
desperate homeowners,open-traps to get rid of the water.
But sewer work in unpopular. As merchants and
shoppers along Mamaroneck Avenue in White Plains
learned to their dismay, replacing sewers ties up.streets,
ruins trade and costs taxpayers a lot of money. -
Another leak in the system isithe home 'rule-.tradi-
tion, which hampers Westchester County and the entire
_ region in trying to tighten planning and building codes.
Wilifam G. Borghard, the Westchester.County Envi-
ronmental Facilities Commissioner, says his department
is starting to sit down now with communities to get them
to .work toward:.eliminating the connections 'between
home basements and the sanitary sewers.But hesaysthe
prograit could take five to`IO!ypars.
It would be easy to duck the whole issue by saying
that storms like the one that hits this season don't come
'along very often. .Why raise a different kind of storm
over closing down-a fewbeachesfor a couple of days?
Who,except few beach enthusiasts,will care?
But that attitude falls to take into account how minor
problems become major ones if they aren't given the
right attention. It happened with housing, garbage, police
and fire protection,.and public transportation. Now it is
happening wth sewers.With help from Westchester County,the communities
have to coordinate and consolidate planning and re-
sources, so thatfouledbeaches do not occur more often
and more,severely-.than they:do now, endangering.health
and pausing economic losses. -
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0303
1. Is this an appropriate use for a residential area?
2. Does this differ from an office for any other kind of use? -
The question of enforcement is always a real question and a very
difficult one.
This Board must therefore deliberate on these various matters, I would
not like to unduly delay this process, it has been going on some time,
and I would hope that we could move on it this evening.
On the motion of Trustee Meiskin, seconded by Trustee Nardi,
RESOLVED that the Special Use Permit requested by the National
Football Association & Hall of Fame Inc. is denied for the
following reasons:
This is an office use in a residential area. The nature of the
use is detrimental to the residential character of the
particular street and neighborhood, and, in addition the use
as an office on this residential street may impair the value
of the adjacent homes, and, in addition, the proposed use
will not benefit Rye Brook or its residents.
Trustee Meiskin voting SAYE
Trustee Nardi votingiAYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
Mr. Pirro thanked the Board and the Planning Board for their help
in reviewing the application.
PUBLIC HEARING DATE - UNITED CEREBRAL PALSY ADDITION.
The Clerk was requested to make the necessary publication for
this hearing to be held on August 28th, 1984 at the Regular
Board Meeting. "
CORRESPONDENCE.
We have received a request for Site Plan deliveration from the
Donald Art Building - this will be referred to the Planning Board.
REPORTS.
Flooding and Drainage.
This report was prepare by George Morrow, with assistance of
Donald Brown, Superintendent of Public Works, and Felix Fidelibus,
Building Inspector, copy of which is annexed hereto.
Mayor Kabcenell stated there are essentially three problems.
The first is damage to anything - property, roads, the second is
in the winter - freezing of roads, and third, backing up of sewage
because the system cannot hold it aqequately and the main problem
seems to be the problem of pumping of storm waters into the sewage
system. This can be a health hazard - it is a County-wide problem.
f- What can we do about it? How can we enforce it? A major source
of relief would be the building of the two planned dams, but these
are held up by litigation.
Trustee Meiskin suggested we proceed now to make sure the retention
basins are cleaned and utilized to their fullest. at Talcott, Royal -
Executive Park, Arrowwood. We should check water runoff on to
roads in the waiteQ,' creating a hazard with freezing. Mayor
Kabcenell said we have to develop a clear definition of Village
responsibility and resident responsibility.
We should try to educate residents who are pumping water into
the sewers, because it is the most convenient way to handle it,
x.
a,.
1. Is this an appropriate use for a residential area?
2. Does this differ from an office for any other kind of use?
The question of enforcement is always a real question and a very ,
difficult one.
This Board must therefore deliberate on these various matters, I would
not like to unduly delay this process, it has beenjgoing on some time,
and I would hope that we could move on it this evening.
On the motion of Trustee Meiskin, seconded by Trustee Nardi,
RESOLVED that the Special Use Permit requested by the National
Football Association 8, Hall of Fame Inc. is denied for the
following reasons:
This is an office use in a residential area. The nature of the
use is detrimental to the residential character of the
particular street and neighborhood, a/nd, in addition the use
as an office on this residential street may impair the value
of the adjacent homes, and, in addi�Eion, the proposed use
will not benefit Rye Brook or its residents.
Trustee Meiskin votinglAYE
Trustee Nardi vt ng�AYE
vo /
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE 1
Mr. Pirro thanked the Board and the Planning Board for their help
in reviewing the app lfcat i/on.
PUBLIC HEARING DATE — UNI/TED CEREBRAL PALSY ADDITION. -
The Clerk was requestep to make the necessary publication for
this hearing to be he/d on August 28th, 1984 at the Regular
Board Meeting.
CORRESPONDENCE.
We have received a' request for Site Plan deliveration from the
Donald Art Building — this will be referred to the Planning Board.
REPORTS.
Flooding and D4inage.
This report was prepare by George Morrow, with assistance of
Donald Brown, Superintendent of Public Works, and Felix Fidelibus,
Building InVpector, copy of which is annexed hereto.
r
Mayor Kabcenell stated there are essentially three problems.
The firstis damage to anything — property, roads, the second is
in the wig ter — freezing of roads, and third, backing up of sewage
because the system cannot hold it aqequately and the main problem
seems td be the problem of pumping of storm waters into the sewage
system./ This can be a health hazard — it is a County—wide problem.
What can we do about it? How can we enforce it? A major source
of re�.�ief would be the building of the two planned dams, but these
are held up by litigation.
Trustee Meiskin suggested we proceed now to make sure the retention
be si/ins are cleaned and utilized to their fullest. at Talcott, Royal
Executive Park, Arrowwood. We should check water runoff on to
roads in the water, creating a hazard with freezing. Mayor
Kabcenell said we have to develop a clear definition of Village
responsibility and resident responsibility.
�e should try to educate residents who are pumping water into
/the sewers, because it is the most convenient way to handle it,
03:0;
1. Is this an appropriate use for a residential area?
2. Does this differ from an office for any other kind of use?
The question of enforcement is always a real question and a very
difficult one.
This Board must therefore deliberate on these various matters, I would
not like to unduly delay this process, it has been going on some time,
and I would hope that we could move on it this evening.
On the motion of Trustee Meiskin, seconded by Trustee Nardi,
RESOLVED that the Special Use Permit requested by the National
Football Association & Hall of Fame Inc. is denied for the
following reasons:
This is an office use in a residential area. The nature of the
use is detrimental to the residential character of the
particular street and neighborhood, and, in addition the use
as an office on this residential street may impair the value
of the adjacent homes, and, in addition, the proposed use
will not benefit Rye Brook or,its residents.
Trustee Meiskin voting SAYE
Trustee Nardi votingjAYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
Mr. Pirro thanked the Board and the Planning Board for their help
in reviewing the application.
PUBLIC HEARING DATE — UNITED CEREBRAL PALSY ADDITION.
The Clerk was requested to make the necessary publication for
this hearing to be held on August 28th, 1984 at the Regular
Board Meeting.
CORRESPONDENCE.
We have received a request for Site Plan deliveration from the
Donald Art Building — this will be referred to the Planning Board.
REPORTS.
Flooding and Drainage.
This report was prepare by George Morrow, with assistance of
Donald Brown, Superintendent of Public Works, and Felix Fidelibus,
Building Inspector, copy of which is annexed hereto.
Mayor Kabcenell stated there are essentially three problems.
The first is damage to anything — property, roads, the second is
in the winter — freezing of roads, and third, backing up of sewage
because the system cannot hold it aqequately and the main problem
seems to be the problem of pumping of storm waters into the sewage
system. This can be a health hazard — it is a County—wide problem.
What can we do about it? How can we enforce it? A major source
of relief would be the building of the two planned dams, but these
are held up by litigation.
Trustee Meiskin suggested we proceed now to make sure the retention
basins are cleaned and utilized to their fullest. at Talcott, Royal
Executive Park, Arrowwood. We should check water runoff on to
roads in the water, creating a hazard with freezing. Mayor
Kabcenell said we have to develop a clear definition of Village
responsibility and resident responsibility.
We should try to educate residents who are pumping water into
the sewers, because it is the most convenient way to handle it,
0306
that this affects their neighbors and friends, legally they have
no right to do this.
Ken Heller said that in connection with the two planned dams, they
are not both under litigation, they could proceed with the larger,
but New York State will not separate the two, they are holding
it up. We should also get Harrison to cooperate in having basins
put to use, in new planned developments, water is now flowing
through.
Floyd Caplan of Holly Lane, Rye Brook made a statement concerning
runoff from public to private property, a problem he and his
neighbor Mr. Lazio, copy of which is annexed.
Mayor Kabcenell said it is not going to be easy to find solutions
to all of these problems, and can make no promises, only that we
will try to correct these problems. We must examine our
prerogatives of entering onto private property and using municipal
employees on private property - and must find out where the
responsibility lies. He could not give Mr. Caplan a timetable,
since the report was just presented, and the issues are too numerous
to pursue this evening. It is an enormous problem, and proposed
that we do some of the things mentioned on the list. First, find
out what we can do, particularly as it relates to health hazards,
examine the statutes and see if we have the wherewithal to
effectively enforce the changes in the pumping, if not, effect
ordinances that will give us the power to do that kind of thing.
We must develop a priority list and the feasibility of doing
things.
Trustee Meiskin asked if there is any way we can ask Don Brown, Felix
Fidelibus and George Morrow to continue their fine work and
prioritize the list and give us an estimate of cost and when these
things might be effected, perhaps getting a consultant to help.
Trustee Harris suggested that the Plumbing Inspector might be able to
help with the problem of pumping water into the sewers. The Mayor
said we need the ability to inspect, if the homeowner won't permit
it, do we need a court order?
The plumbing inspector felt that if people were aware of the problems
caused by pumping into the sewers, and that it is illegal, and Mayor
Kabcenell suggested perhaps sending out a letter, asking for their
cooperation - and if they need help, we can send someone in to help
them.
In response to a question, Donald Brown said that catch basins are
cleaned at least once a year, some of them more than once.
Mayor Kabcenell asked the apprdpriate departments to pursue the
questions raised in the report, and what remedies are appropriate
and legal.
CABLE TV REPORT.
Georgia Kramer reported that there was communication with the State
advising us to petition and that there are grounds for us to assume
Cable TV at this point. Joel Hecker is preparing the application.
RESOLUTIONS.
New York Tekephone Company Bond.
On the motion of Trustee Meiskin, seconded by Trustee Nardi,
BE IT RESOLVED that New York Telephone Company file a bond in the
amount of TwentyFiveThousand Dollars ($25,000) with the Village
of Rye Brook in Lieu of deposits for individual street opening permits.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak ABSTAINING
Mayor Kabcenell voting AYE
Floyd L. Caplan N
Four Holly Lane
Rye Brook, New York 10573
July 25 , 1984
4
1
Honorable Jack Kabcenell
Mayor, Village of Rye Brook
111 South Ridge Street
Rye Brook, New York 10573
Dear Mr. Mayor,
I wish to confirm the statement I made to the Board of Trustees
last evening. In your opening comments , you said something would
have to be done to correct the situation involving private
drainage emptying onto public property. You failed to mention
how you plan to cope with those situations involving the runoff
from public property onto private property. Such is the problem
that Mr. R. Lazio of Two Holly Lane and I are being asked to
tolerate.
1. I spoke in behalf of Mr. R. Lazio and myself, Mr. F.
Caplan of Four Holly Lane, where I have resided since
July 1966.
2. Both properties are at the low point of the entire
block of 24 houses bounded on the north and west by
r- Country Ridge Road; Holly Lane and Fairlawn Parkway.
a r All runoff from these properties , which is not directed
(( to the street, ends up in my backyard.
3. An 18-inch diameter vitrified clay pipe (VCP) with
drainage inlet, was installed by either the developer
or by the farm owner prior to development. The pipe
originates on my property and follows a more or less
southerly course diagonally cutting across Two Holly
Lane and terminating in a sewer on Lawridge Drive.
This pipe drains the entire block of 24 homes.
A .- Sometime prior to August 1971, the Westgate developer
or Town of Rye connected a catch basin on the west side
of Lawridge Drive to this 18-inch pipe.
5. In August 1971 following severe flooding in the area,
Mr. J. Sternman, then owner of Two Holly Lane and
myself met with Mr. A. Posillipo, Supervisor, Town of
Rye. We were assured that the Town would do whatever
was necessary to correct the problem.
6. In my letter of January 24 , 1972 (copy attached) to
Mr. F. Fidelibus , with copy to Mr. A. Posillipo, I
questioned the advisability of the Town ' s proposed
solution to the inadequacies of the storm sewers on
Holly Lane. I agreed not to oppose construction if
)
I
ti certain other improvements were made
line. to the 18-inch
i_i 7 . Mr. Fidelibus ignored my letter and the Town proceeded
to install an overflow pipe between the catch basin on
Holly Lane and the 18-inch pipe, thereby further taxing
the pipe draining my property (and the other 23 homes) .
I8 . During the first week. of July (1984) , Nos. 2 and 4
Holly Lane experienced severe flooding (the basement of
No. 2 had about one foot of water due to the fact that
the catch basins on Fairlawn Parkway were inadequate
and water simply flowed over the curb onto the rear
lots of Nos. 2 and 4) . The 18-inch line could not
handle the added runoff of Fairlawn Parkway, a public
thoroughfare!
9. The 18-inch pipe subsequently collapsed and will not
handle that next storm.
10. I, therefore, look to the Board of Trustees to rectify
the wrongs committed by the prior governmental body,
correct the inadequate village storm sewer, and
immediately repair and maintain the 18-inch pipe
originating on my property. If all that stands in your
way is an easement, you ve got it!
jJ Very truly yours,
cc:.. Mr, R. Lazio
Mr. G. Morrow - Special- Assistant to the Mayor
Jane Saffir-Smit - Clerk
4 Holly Lane
Port Chester, N.Y. 10573
Jan. 24 , 1972
Mr. Felix Fidelibus
Town Engineer
Town of Rye
10 Pearl Street
Port Chester, N.Y. 10573
r
Dear Mr. Fidelibus :
This will confirm our meeting of Jan. 21, 1972 regarding
drainage problems in the vicinity of the intersection of
Fairlawn Parkway and Holly Lane.
Shortly after the August ' 71 floods , Mr. Posillipo, Town
Supervisor, met with both Mr. Sternman and myself and
promised to do whatever was necessary to alleviate present
drainage inadequacies in the area. He stated that the Town
was considering interconnecting the catch basin on the west
side of Holly Lane approximately 50 ft. north of Fairlawn
Parkway and the catch basin on the north side of Fairlawn
Parkway between Country Ridge Drive and Holly Lane. I am
f ! convinced that this method will solve your problem.
Last week, Mr. Brown, Supervisor of Highways, told of your
plan to connect an overflow line from the aforementioned
catch basin to the existing 18" dia. storm sewer origin-
ating on my property (4 Holly Lane) . As a civil engineer,
it is my opinion that the. 18" dia. sewer is already over-
loaded. During the past 5 1/2. years, my backyard, as well
as the backyard of the adjoining property (2 Holly Lane)
are flooded during periods of heavy rainfall. No doubt
the connections to the 18" dia. sewer already made by the
Westgate developer and the Town of Rye have greatly altered
the capacity of the sewer. The contribution of the pro-
posed overflow is certain to further aggravate this con-
dition. You did not share my opinion and suggested trying
your method first.
I therefore agreed not to oppose construction of the over-
flow pipe based upon the understanding that the Town of
Rye would abandon said overflow pipe should such modifi-
cation result in a worsening of the drainage situation in
my backyard, and further, that the Town would make the
following changes to the existing 18" dia. sewer:
w
u,w Jan. 24, 1972
✓� Mr. F. Fidelibus
1. Construct a new catch basin at the low point of
No. 2 and No. 4 Holly Lane properties (this point
is approximately on the property line) .
2 . Connect this new catch basin to the existing 18"
dia. storm sewer and clean said pipe throughout
the entire active length.
3. Remove , or otherwise cap the ends of, the unused
portion of the 18" dia. sewer and remove existing
inlet.
r
4. Reconnect the present underground drainage piping
network in my backyard to the new catch basin.
Please sign your name below as acknowledgement of the
above understanding and return one copy. Thank you
kindly.
Very truly yours ,
Floyd L. Caplan, P.E.
CC. Mr. A Posillipo
Mr. J. Sternman
Mr. Felix Fidelibus Date
Engineer, Town of Rye
{
0307
APPOINTMENT TO THE TRAFFIC COMMISSION.
On the motion of Trustee Meiskin seconded by Trustee Nardi,
BE IT RESOLVED that Catherine Marks, of 18 Holly Lane, Rye Brook,
be and hereby is appointed to the Traffic Commission to serve
until the end of the official year in April, 1987.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
CONTINUATION OF PUBLICHEARING ON ORDINANCE AND LOCAL LAW ADOPTION.
The following Local Laws were introduced:
20-84 Bicycles
21-84 Animals
22-84 Peddlers and Vendors
23-84 Property Maintenance
24-84 Damage. to Village Property
On the motion of Trustee Harris, seconded by Trustee Meiskin,
BE IT RESOLVED that Local Laws 20, 21, 22, 23, and 24, copies of which
are on file in the Village Office, be adopted.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcene Ll voting AYE ,
On the motion of Trustee Meiskin, seconded by Trustee Zak,
BE IT RESOLVED that the Public Hearing on Ordinance and Local Law
Adoption be adjourned to the next Board Meeting. -
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 11.15 PM.