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HomeMy WebLinkAbout1986-08-25 - Board of Trustees Meeting Minutes 000622 MINUTES OF REGULAR BOARD MEETING HELD ON AUGUST 25th 1986 at 8 p.m. AT THE VILLAGE OFFICE 90 SOUTH RIDGE STREET RYE BROOK N Y PRESENT: Mayor Kabcenell, Trustees Meiskin, Nardi, Cresenzi, Zak Attorney Kramer, Treasurer Cortese, Clerk Smith The minutes of tle meeting of July 22nd, 1986 were accepted as submitted. PUBLIC HEARING — Lowenthiel Subdivision, Lincoln Avenue. There was some discussion in connection with a draft resolution prepared after the Public Hearing of July 22nd, .and a final draft was agreed upon On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLUTION: FINAL SUBDIVISION PLAT APPROVAL KEN LOEWENTHEIL AND .DAUGHTER, INC. LOCATION: 26 LINCOLN AVENUE, WEST SIDE OF LINCOLN AVENUE AT JENNIFER LANE TAX MAP DESIGNATION: SECTION 11 BLOCK 12, LOTS IB1—A2, 1B1-B, 1131-A OWNER/APPLICANT: KEN LOEWENTHEIL AND DAUGHTER, INC.; 2251 PALMER AVENUE, NEW ROCHELLE, 'NY 10801 ' AGENT: CHARLES ENGINEER H. SELLS, INC. , CONSULTING WHEREAS, the Board of Trustees of the Village of Rye Brook has reviewed an application for approval of a final subdivision plat entitled "Preliminary Subdivision Map of Ken Loewentheil and Daughter, Inc. , Situated in the Village of Rye Brook and the Town of Harrison, New York", prepared in the Office of ,Charles H. . Sells, Inc. , Engineers, Bedford Hills, New York, dated August 19, 1986, scale I."`=,201 ; and WHEREAS, said final subdivision plat is also accompanied by a -series Of sik. drawings illustrating road improvements, drainage, utilities and other construction details, all.prepared in the of- fice of Charles H. Sells, Inc., and identified. .as follows: Sheet #1, Title Sheet? Kenneth Loewentheil and Daughter, Inc. , Village of Rye Brook, New York, .Fiinal Construction Plans, Title Sheet, dated 6/26/86; Sheet #2, "Lot, Drainage, Utility Layouts and Grading, Scale 1"=201 ; Sheet #3, Typical Section and Profiles, Scale as noted,- Sheet oted;Sheet #41 "Sewer and Drainage Profiles", Scale as noted; 00062J Sheet t5, "Erosion and Sedimentation Control Plan", 1"=201t Sheet 1'6, "Sewer and Drainage Details' Scale noted; and WHEREAS, the Board of Trustees has made the. following find- ings and conducted the following activities: 1. The preliminary application was submitted on March 24, 1986 and included an Environmental Assessment Form (Short EAP) along with an application fee of $2701 2• The proposed 17-lot subdivision is located in the R-12 - Single-Family Residential zoning district on approximatel y 6,79 acres of land as shown and located on County- Block 6321, Sheats '67 and 68. The westernmost boundary of the subject property includes a portion of a stream which is tributary to the Blind'Brook; - 3. The Village Planning Board has reviewed said proposed sub- division at regularly scheduled Planning Board meet ings, at which interested citizens were given- an opportunity to be - heard. The Planning Board hasrequested and� the' applicant has. submitted modifications to the original design of the. Proposed subdivision, particularly with respect to .road layout, size of cul-de-sac diameter and point of entry of the proposed subdivision road, known as"'Deer Run",,', for Purposes of traffic safetyy convenience and the avoidance Of congestion; 4• In the course of its review the. Village Planning Board recommended that the street layout be .Modified to improve the intersection of the proposed street entitled "Deer Run" and be relocated northward to provide adequate distance between this proposed intersection with Lincoln Avenue and the existing Jennifer Lane/Lincoln Avenue intersection further to the south. The suggested modi- fications to the subdivision plan were completed by the applicant and appear on the above mentioned maps and drawings; tl 000024 5. The proposed subdivision was subject to review by the Soil Conservation Service, the Stream Control Division of the County Department of Public Works, the village Engineer, the ,Village Planning Consultant, and other interested agencies;- 6• A public hearing was held on,July 22, 1986 by the Board of Trustees in the Village Offices, at which time all inter- ested persons were given an opportunity to be heard; 7. At the public hearing, neighbors expressed their concern about tree preservation, stormwater runoff and safety mat- ters pertaining to the proposed road intersection with Lincoln Avenue, At the request of the Board of Trustees the applicant has, by letter of 7/23/86, submitted a drainage report indicating, among other things: a. the capacity of the proposed ditch along the northely property line to carry expected discharge from a 100 year storm exceeds the expected discharge by a safety factor of 3908; b. the proposed street storm drainage design provides a 1108 reduction of the excess runoff caused by the development. 8• Acting as Lead Agency in this subdivision review pursuant to the New York State Environmental Quality Review Act (SEAR) , the Board of Trustees has, after review of the Environmental Assessment Form and the above findings, come to a determination that the proposed action, because of its proximity to the above mentioned stream, is automatical- ly designated as a Type I .action. However, because of the straightforward nature of the proposed subdivision, its compliance with Village zoning and the proposed inclusion of public- water and public sewer facilities as well as other mitigating actions and. conditions noted and established herein, approval action will not have a significant effect on the environment, which determination has. been made. by the Board of Trustees on the basis of the above findings and the subdivision conditions listed below; NOW, THEREFORE, BE IT RESOLVED, that said application an 8)00 rD2 .1J ` final subdivision plat be and hereby is approved subject to the following modifications and conditions and that the Mayor or his authorizedrepresentativebe and hereby is authorized to endorse the Board of Trustees' approval on the Final Plat upon compliance, or agreement to comply, by the applicant with the following modifications and condit•;ons, provided however that this condi- tional approval shall expire six ,(6) months from the date of this resolution if the applicant has not complied with such modifications and conditions to the satisfaction of the Board of Trustees; 1. Submission of a final linen plat in accordance with Section 3.4 and Appendices Sections A3 and A4 of Local Law #3-85 entitled Land Subdivision Regulations and also incorporating all relevant conditions of this resolution. 2. Place a note on the final plat referring to this resolution. 3. Westchester County Health Department endorsement of approval of the proposed subdivision plat as may be ,required. 4. Agreement to pay a recreation fee in an amount computed in accordance with the current Village formula therefor, with payment of each building lot's pro rata share of such total N recreation fee tobepaid at .the time a certificate of oc- cupancy for the dwelling on such lot is issued. .The recrea- tion fee shall be received by the Village for recreation purposes, the Board of Trustees having determined that no suitable recreation site exists on the premises. 5. With the exception of the requirements of this resolution and in accordance with Section 4.4, Waiver of Required Improvements, the Board of Trustees hereby waives the fol- lowing requirements for the reasons set forth: 5.1 Because of the extensive review of this subdivision the requirement of a second public hearing for Final plat approval is hereby waived. 5.2 Sidewalks and street trees are hereby waived due to the wooded, suburban character of the neighborhood and the lack of connecting facilities in the area. 5.3 The diameter and design of the proposed cul-de-sac on Deer Run Road is hereby waived to those standards shown on the final plat in the interest of design and safety improvement in the overall subdivision design. 000626 6. Buildings shall be constructed in accordance with final construction plans and in accordance with Section 3.4.6 of the Subdivision Regulations, showing the proposed accessway "Deer Run", water, sewer and drainage facilities, street sign, vehicle turning area or cul-de-sac, survey monuments, utility, drainage and tree preservation easements. A11 lots shall be provided with roads, public water and sewer facilities and with utilities to be placed underground. 7. The subdivision shall be developed only in accordance with the site plan filed with the Board of Trustees. - 8.. Tree Preservation: In the course of.its review the Board of Trustees has noted that the site contains -numerous large and valuable trees which over the years have helped to. establish the character of this part of the. Village of Rye Brook. Because of the importance of.these trees to the future inhabitants of the subdivision as- wgll as to the general neighborhood, the following conditions shall be complied with pursuant to Section 5.1..2, Preservation of Natural Features: 8.1 There shall be a 15-foot. wide "Tree Preservation Easement" around the entire periphery of the property, within which easement on each lot the existing natural landscaping shall be preserved and no visible trees or groundcover shall be removed except in emergency cases and by permit granted by the Planning Board; 8.2 On the remainder of the parcel no trees or other vegetative matter shall be removed on any lot prior to the issuance of a building permit therefor, except that tree-cutting and vegetative removal, including grading, may occur within the proposed road and utility ease- ments rights-of-way; 8.3 No building permit shall be issued for any lot in the proposed subdivision until a site plan' showing building location, paved areas, grading and tree preservation has been approved by the Building Department for said lot. The Planning Board may require that reasonable protective measures be taken for the preservation of valuable trees on any lot and may designate such trees prior t, thn ..F _ .. 000 327 8.4 Applicant shall comply with a perimeter screening plan dated August 13, 1986 which has been filed with the Board of Trustees. 9. Submit evidence of -payment of all fees pertaining to such matters as application, 'VEQR, consultant review and recreation. 10. Pursuant to Section 239L, M and N of the General Municipal Law, the Board of Trustees has notified the County Planning Hoard of theproposedfinal subdivision plata 11, Development and improvement of the site may commence upon the applicant filing a performance bond pursuant to Village Law g 7-730(1) in an amount estimated to be sufficient by a licensed professional-engineer, such estimate to be subject, however, to the approval of the Mayor with the advise of the Building Department and any consultant designated for such purbose. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ARROWWOOD Site Plan Review. Mayor Kabcenell - this was presented as a Public Bearing at the last meeting and there was certain information asked for having to do with a supplemental traffic report, having to do with drainage. William Cuddy, Attorney for Arrowwood, introduced two reports, both of which are on fife in the Village Office - Drainage by Paulus Sokolowski and Barter Inc., Consulting Engineers, 67A Mountain Boulevard Extension, P.O. Box 4039, Warren, N.J. 07060 dated August 21, 1986, Reference 001-359C. Traffic Impact by Frederick P. Clark Associates, dated August 13, 1986. Mr. Falcone, Engineer, explained the drainage report, and Mr. Cuddy went through the traffic report. He then went through the commitments to traffic improvements, with a chart showing apportionment between the three developers in the area - Arrowwood, Royal Executive Park and High Point Associates. Copy of this chart is attached, and is amended by the proposed Declaration of Restrictions in connection with the approval requested. Carolyn Flake, representing Royal Executive Park in the absence of Joel Sachs, commented on the traffic report and the aforementioned chart. Mayor Kabcenell - we pressed very hard for the improvement at King Street and Anderson Hill Road, which is actually in Greenwich. We got Greenwich to approve the project with the help of First Selectman Roger Pearson, and even got themto commit to help pay. Unfortunately Mr. Pearson was not reelected and the to disappeared. Fortunately the plans were under way, and unfortunately Greenwich took advantage of the situation to throw in Some of their own improvements that were totally unrelated to it, and to fund that through Lhe Rye Brook devr Rye Brook, because Rye Brook was the only nna CV W CD High Point Associates Royal Executive Park Arrowwood (200,000 sq. ft. of (540,000 sq. ft. of (300,000 sq. ft. conference office space approved office space approved center - 150,000 sq. ft. not built) and built) expansion pending) King Street/Anderson 438 of total cost or 579 of total cost $50,000. Hill Road $107,500. ; whichever _ Intersection Improve- is less (paid in full). - (partially paid) ment King Street/Merritt 439 of total cost or :57% tal cost Parkway $81,000. , whichever Intersection Improve- is less; upon issuance of ment initial building permit. 100' Right of Way Commitment to dedicate Ct to dedicate Commitment to dedicate right right of way. Limited - rway and con- of way. Limited commitment commitment to construct road struct road to construct road conditioned conditioned on commercial on further commercial develop- development beyond initial ment, exclusive of Arrowwood. 200,000 sq. ft.� No commitment to construct in event of residential development. Impact fee - $1:00 Commitment operative after Commitment operative Commitment relates to square per square foot of initial 200,000 sq. ft. after initial 270,000 footage of subsequent office office space of office space. sq. ft. of office buildings. space Special District Participation Agreed Agreed Agreed J 000620 Bill Cuddy commented that at one time Greenwich had $80,000 in its budget for this project, and not only did they pull that out but made them put drainage in as well. A Corporationwas set up for these traffic improvements, and he and Joel Sachs are Trustees and make the payments to the contractors. Mayor Kabcenell — as now proposed, changes would be that Arrowwood would make a contribution of up to $100,000 towards the Anderson Hill/King Street improvement to ray for the remainder of the shortfall UP to $100,000 after application of commitments by Royal Executive Park and High Point Associates. RESOLUTION APPROVING AMENDED SITE PLAN FOR ARROWWOOD CONFERENCE CENTER EXPANSION. WHEREAS, in the latter part of 1979 Citicorp submitted a proposal to the Town of Rye to develop the Citicorp Property Situated on the westerly side of King Street consisting of approximately one hundred fourteen (114) acres, approximately- one hundred six (106) of which were situated within the then unincorporated area of the Town of Rye, and WHEREAS, the proposed development included, inter glia, an executive learning center or conference center ("Arrowwood") which would initially consist of three hundred thousand (300,000) square feet Of floor area, and which could thereafter be expanded to four hundred fifty thousand (450,000) square feet of floor area, and WHEREAS, a draft generic environmental impact statement addressing Arrewwood and proposed,corporate Office development by Citicorp and others in the RyeTown North area was prepared on behalf ofthe .Town of .Rye and was the subject of a public hearing on May 27, .-i 1986, and WHEREAS, a draft environmental impact statement addressing Arrowwood and proposed corporate office development by Citicorp was prepared on behalf of Citicorp and was the subject Of a public hearing on June 11, 1980, and WHEREAS, final environmental impact statements were Prepared on or about September 9, 1980, and the Town Board of the Town of Rye, after full consideration of the aforesaid draft environmental impact statements, written comments and comments made at the aforesaid public 000630 hearings, accepted as complete the final environmental impact statements submitted on behalf of Citicorp and the Town of Rye, and WHEREAS, after full consideration of the final environmental impact statements, the Town Board as Lead Agency adopted findings which contemplated, inter alia, the construction of the initial phase of Arrowwood, i.e., 300,000 square feet of floor area, and subsequent expansion thereof up to 450,000 square feet of floor area, and WHEREAS, a site plan dated July 17, 1980 and revised August 18, 1980 for the construction of the initial phase of Arrowwood was approved by the Rye Town Board on November 5, 1980, at which time conceptual approval was granted for . .the expansion of Arrowwood subject to further specific prior approval of the Rye Town Board, which further 'approval was subject to the said Board's reassessment of the actual impact of development in the Rye Town North area, particularly with respect to traffic, to ensure that there would be no significant ,disparity between projected and actual impact, and WHEREAS, the Village of Rye Brook, consisting of the area which formerly comprised the unincorporated area of the Town of Rye was duly incorporated under the laws of the State of New York on July 9, 1982, and WHEREAS, the Village Board of the Village of Rye Brook assumed the rights and obligations of the Town Board of the Town of Rye with respect to the subject property upon the incorporation of the said Village of Rye Brook, and WHEREAS, Arrowwood was thereafter constructed and a certificate of occupancy with respect thereto was duly issued on October 26, 1983, and WHEREAS, on April 28, 1986, by letter from William V. Cuddy, Esq., attorney for the applicant, to the Village of Rye Brook, Westchester Conference Center Development Corp. , a wholly-owned subsidiary of Citibank, N.A., which, in turn, is a wholly-owned subsidiary of Citicorp., filed an application to amend the previously approved site plan by 00063.1 expanding Arrowwood as contemplated by the aforesaid environmental impact statements and in accordance with the Previously approved conceptual site plan, and WHEREAS, the Rye Brook Village Board thereupon referred the said application to the Rye Brook Planning Board for its review and recommendations in accordance with the Zoning Ordinance of the Village of Rye Brook, and WHEREAS, at the request of the Village, Frederick P. Clark Associates, planning consultants to the Village, reviewed the amended site plan and submitted a report with respect thereto, including a current traffic study' , dated June 2, 1986, which report supported a favorable recommendation by the Planning Board to the Village Board, and WHEREAS, at the request of the Village, ,Frederick F. Kellogg, Jr., P.E. , engineering consultant to the Village, reviewed the amended site plan and submitted a report dated May 22, 1986, which report, subject to specific suggested site plan revisions set forth therein, supported a favorable recommendation by the Planning Board to the Village Board, and WHEREAS, the Rye Brook Planning Board reviewed the subject application at its meeting of June 6, 1986 and unanimously recommended that the Rye Brook Village Board, as Lead Agency, adopt a negative declaration of environmental impact and approve the amended site plan with revisions, and WHEREAS, the applicant revised the amended site plan application in response to the aforesaid reports and to suggestions made by the Planning Board, and WHEREAS, the Rye Brook Village Board, after due and timely notice, held a public hearing on July 22, 1986 with respect to the amended site plan as revised, and 000632 WHEREAS, the Rye Brook Village Board,. at its meeting Of July 22, 1986 reaffirmed its status, as successor to the Rye Town Board, as Lead Agency with respect to the proposed development, and WHEREAS, the Rye Brook Village Board, after a review of the application, the recommendations of the Rye Brook Planning Board, and the reports referred to herein, adopted a resolution on July 22, 1986 finding that the proposed expansion of Arrowwood would have no significant effect on the environment, and WHEREAS, the Rye Brook Village Board requested and obtained supplemental and clarifying reports with respect to the amended site plan from Frederick P. Clark Associates, dated August 14, 1986 and Paulus, sokolowski and Sartor,, Inc. , engineering consultants to'the applicant, dated August 21, 1986, and WHEREAS, the site plan was further revised to incorporate recommendations set forth in the aforesaid engineering .report to enhance the effectiveness of the drainage system, and WHEREAS, the Village Board of the Village of Rye Brook is of the opinion that it is in the interest of the Village of Rye Brook to approve the site plan for the expansion of Arrowwood Conference Center as presented, subject to certain conditions and stipulations hereinafter set forth, On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED, that prior to any decision of approval, approval with conditions or denial of the site .plan the Village Board of Trustees has given considerationto the entire record before the Town of Rye and the Village of Rye Brook with respect to the subject property and hereby finds that the requirements of the New York State Environmental Quality Review Law and 6 NYCRR Part 617 and the Laws of the Village of Rye Brook have been met and more specifically that: 000633 1. Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statement; 2. Consistent :with social, economic and other essential considerations, possible adverse environmental effects disclosed by therecordwill be minimized or avoided by incorporation of conditions to the Bite plan approval as mitigative measures which have been identified 1. as practicable, and other conditions which may be established by the Village Board of Trustees. WHEREAS, in the opinion of the Village Board of Trustees, the applicant has complied with the Village of Rye Brook development regulations for site plan approval, Upon motion duly made and seconded, and unanimously carried, it was RESOLVED, that said application for site plan approval and the site plan documents set forth on Exhibit "A" annexed hereto and made a part hereof be and they hereby are approved, and the designated agent of the Village Board of Trustees is hereby authorized to endorse said approval upon copies of all documents, which endorsement shall authorize the issuance of building permits in accordance with thin resolution and all applicable laws, all upon completion of the following mbdificat ions and conditions, and also in accordance with the Village's zoning ordinance, subdivision regulation and building code, .and that the applicant be so notified. I. After issuance of and as a .requisite for maintenance of a certificate of occupancy, all aspects of the development project shall be maintained in a clean, viable, well repaired and healthy growing condition. 2. No top Boil may be removed from the project site without the express approval of the Board of Trustees, which approval shall not be unreasonably withheld , , 00063 delayed. 3. Annexed hereto and made a part hereof is a form Of agreement marked Exhibit "B" relating, inter alia, to: (a) Contribution by the applidant to the construction of intersection improvements at Anderson Hill Road 'and King Street. (b) The construction of a north-south road of approximately one hundred (100) feet running the entire length of the easterly portion of the premises. (c) Participation by the applicant or the then owner or owners of the premises in a road and/or traffic improvement district or-alternative procedure to improve the road network, in the environs of the premises. (d) Contributions by the applicant and the then owner or owners of the premises to..a road improvement fund. (e) The applicant and the record;owner of the premises shall, as a Condition.'of this site plan approval, execute and deliver- to-the Village of Rye Brook an agreement embodying the foreg oY ng commitments substantially in accordance with the terms and conditions of Exhibit "B". Such agreement shall be recorded in the Westchester County Clark's Office, Division of Land Records and shall impose a lien upon the premieee'to ensure the fulfillment of the obligations specifically referred to therein. 4. The applicant, as a condition precedent to the issuance of a building permit, otherwise authorized pursuant to this site plan approval, shall submit a written storm drainage system maintenance schedule to the Village Engineer, who shall be responsible for approving the same. The said maintenance schedule shall identify all elements of the system and incorporate a program for periodic inspection and removal of accumulated silt, debris and other obstructions when and if necessary. 00003.3 S. The applicant shall, concurrently with its application for a building permit, submit an erosion control plan to the Westchester Soil and Water Conservation Board. The erosion control plan and related site construction activities shall comply with all controlling Taws and regulations and shall be .in accordancewith the Board's "Best Construction Management Practices." The applicant shall utilize the services of the Westchester Soil and Water Conservation Board where appropriate. 6. Details with respect to signage, lighting and landscaping shall be subject to the further approval of the Village Board. Without limitation by reason of specification, the applicant shall submit a detailed listing or schedule of exterior landscape and planting material, including, but not limited to, type, size and locations of all planting material, which shall, be subject to approval of the Village Board of Trustees, which j approval shall not be unreasonably withheld or delayed. 7. Should the storm and/or drainage system or any element of the system become temporarily clogged or blocked, the Village Board of Trustees may direct the clearance of said blockage to be performed within twenty (20) days, or in the event of an emergency, within twenty-four (24) hours, by an outside independent contractor, and the cost of removal of said blockage or correction of the physical reasons. leading to causing the emergency„and charge the cost of conducting said work against the then owner and/or owners of the property, enforceable in the same manner as a tax lien. B• The applicant shall submit detailed graphic examples of building facades and exterior pedestrian area construction materials, including exterior signs and lighting, pavement, exterior wall materials and other matters to -theVillage Board of Architectural Review, to, the extent of detail deemed reasonably appropriate by said Board of Architectural Review for approval of said Board. g. The applicant shall make reasonable efforts to 00063(; Integrate soundproofing materials into the construction of the buildings, and a report with respect thereto shall be submitted to the Board of Trustees for its information. 10. All construction of each phase'of the Arrowwood expansion shall be completed, .including all landscaping, Prior to the issuance of a final certificate of occupancy with respect to each such phase. 11. The applicant shall submit a construction traffic plan and program as a mitigative measure to include but not be limited to: traffic routing in and out of the site, general hours of truck traffic, availability of flag men or other traffic control devices during periods of temporary congestion or emergency, and other matters considered appropriate. 12. The applicant shall pay to the Village of Rye Brook an inspection fee for construction and inspection, and for compliance with the approved site plan in the amount of One Thousand ($1,000.00) Dollars, plus such' other . payments as may be required form time to time for expenses incurred in consequence of the Village's use of independent consultants, planners, architects and engineers to the extent which may be reasonable and necessary, provided the aggregate cost thereof does not exceed Twenty Five Thousand ($25,000.00) Dollars. 13. In addition to the applicant's obligations pursuant to Paragraph 7 hereof, if the applicant fails to comply with any of the conditions with respect to maintenance and landscaping, the Village Board of Trustees may direct compliance with the site plan 'conditions to be performed within twenty (20) days, or in the event of an emergency, within twenty-four (24) hours, by an independent contractor, and the cost of such services shall become a charge against the premises, enforceable in the same manner as a tax lien. 14. The Board of Trustees reserves the right to make a final field inspection of the site before issuance of a certificate Of occupancy for the proposed construction. The purpose of this final inspection is to review the 000637 development and to require any minor modifications to Parking, landscaping, signs, drainage, access and other Bite plan details in the interest of safety, convenience and aesthetics as. may be reasonable and necessary. The . applicant shall maintain all elements of the approved site plan. including landscaping. in a. neat and healthy condition so as to retain its approved certificate of occupancy. 15. In the event the applicant, or its successors or assigns doesnot apply for building permit within five (5) years from the date hereof, this site plan approval shall expire unless such period is extended by the Board of Trustees upon reasonable cause shown. Upon the issuance of A building permit, the permittee shall diligently proceed with the construction authorized " pursuant thereto, subject to strikes, war, acts of God, and other circumstances beyond the control of the permittee. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabceneii voting AYE Exhibit "A" 1. Cover Sheet: Arrowwood of Westchester Executive Learning Center, Phase II, Town of Rye, New York. 2. Drawing C-2, Site Layout Plan, date: 4/25/86, revised 7/8/86. 3. Drawing C-3, Site Grading Plan, date: 4/25/86, revised 7/8/86. 4. Drawing C-4, Site Utility and Soil Conservation Plan, date: 4/25/86, revised 5/20/86, 6/19/86, 7/8/86 and 8/21/86. 5. Drawing C-5, Site Details, date: 4/25/86, revised 7/8/86. 6. Drawing L-1, Landacape Plan, date: 4/25/86, revised 6/10/86 and 7/8/86. 7. Drawing SC-1, Conference Pod Phase 2A Plans and Elevations, date: April 28, 1986, revised 7/8/86. 8. Drawing SC-2, Housi no Wina Phase 2A Plans and Elevations, date: April 28, 1986, revised 7/8/86. 9. .Drawing SC-3, Conference Pod Phase 2B Plans and Elevations, date: April 28, 1986, revised 7/8/86. 10. Drawing SC-4, Housing Wing,, Phase 2B Plans and Elevations, date: April 28, 1986, revised 7/8/86. 000638 Exhibit AGREEMENT DECLARATION OF AND AGREEMENT made.this 4A day of September, 1986 by and among the Village of Rye Brook (sometimes hereinafter referred to as "Rye Brook") a municipal corporation organized and existing under the laws of the State of New York having its principal office and place of business at 90 South Ridge Street, Rye Brook, New York 10573, Matin Realty, Inc. , a New York corporation having its principal Office and place of business at One Citicorp Center, 153 East 53rd Street, New York, New York 10043 ("Matin Realty"), and Westchester Conference Center Development Corp., a Delaware corporation with an office at One Citicorp Center, 153 East 53rd Street, New York, New York 10043 ("Conference Center"). ' WHEREAS, Matin Realty is the .owner of approximately one hundred six acres of land situated on the westerly side Of King Street north of Anderson :Hill Road in the Village of Rye Brook, Town of Rye,. County of Westchester and State of New York ("the premises"),, more particularly described in the following deeds to Matin Realty recorded in the Westchester County Clerk's Office, Division of Land records: (a) Deed from Leroy A. Soanowitz, Gerald E. Sosnowitz and Harold Sosnowitz, individually, and as Executors of the Estate of Sol SOsnOWitz dated February 21, 1969 and recorded February 26, 1969 in Liber 6841 Cp 145. (b) Dead from Leroy A Soanowitz and Gerald E. Soanowitz dated February 21, 1969 and recorded February 26, 1969 in Liber 6841 Cp 150. (c) Deed from Leroy A. Sosnowitz and Gerald E. Soanowitz dated February 21, 1969 and recorded March 4, 1969 in Liber 6842 Cp 263. which premises are known and designated as Section 1, Block 3, Lots 8, SA and 5B, on the Tax Map of the Village of Rye Brook and 00003: WHEREAS, Conference Center has been granted approval for an amended site plan for the expansion of the Arrowwood Conference Center ("Arrowwood") situated on the premises by the Village Board of the Village of Rye Brook on August 26, 1986 and WHEREAS, the site plan approval granted on August 26, 1986 by the Village of Rye Brook is conditioned on the execution and delivery of this agreement by Matin Realty ' and Conference Center with respect to traffic improvements, the contribution of moneys, and other related matters. NOW, THEREFORE, Conference Center agrees to the Provisions hereinafter set forth applicable to it, and Matin Realty, as owner of the premises, does he declare that that portion of the premises consisting of approximately the easterly fifty (50) acres thereof ("the undeveloped premises,,) which shall be promptly surveyed, but need not be subdivided, and a metes and bounds description thereof delineated in a supplemental agreement to be executed and recorded within six (6) months from the date hereof, shall be held, leased, transferred, conveyed, mortgaged, encumbered and occupied subject to the following restrictions which exist for the purpose' of the common good of the people of the Village of Rye Brook, and for the protection of the value of the said premises, and which shall run with the real property, binding every party having any right, title or interest in or to the said premises: 1. Matin Realty agrees to contribute the difference between the aggregate cost of traffic improvements now under construction by Anderking Corporation at the King Street/Anderson Hill Road intersection and the financial commitments with respect thereto heretofore imposed on Royal Executive Park and High Point Associates, provided, however, that in no event shall Matin Realty's obligations hereunder exceed One Hundred Thousand ($100,000.00). Dollars. Payment(s) shall be made as directed within five (5) days after demand by the Village of Rye,Brook. 000640 2. The original resolution ofsite :plan approval of November 5, 1980 for the subject, premi ses,provided ,for the dedication of a right of way of approximately one hundred feet in width on the easterly perimeter of the undeveloped premises for a future road running in a north-south direction from Anderson Hill Road to property now or formerly of Royal Executive Park, as more particularly delineated on site plan dated July 17, 1980 and revised August 18, 1980. In the event Matin Realty or the then owner of the undeveloped premises within which the right of Way is situated applies for and receives the requisite approvals for a site plan and building permit for the further commercial development of the undeveloped premises, exclusive of the expansion of the Arrowwood Conference Center, it hereby agrees, at its sole cost and expense, to construct that portion of the road which traverses the undeveloped premises. Matin Realty also agrees to grant such other easements as may be reasonable and necessary to maintain and repair such road. In the event the Board of Trustees of the Village of Rye Brook determines to modify the precise location and course of such road, it may do so provided such realigned road substantially conforms to the right-of-way on the original site plan, dated July 17, 1980 and revised August 18, 1980, does hot unreasonably Interfere with the present use and operation of the ArreWwood Conference Center or the use 'of the undeveloped Premises. The aforesaid obligation shall automatically expire on November 13, 2009 if the offer of dedication set forth in the November 5, 1980 site plan approvalhas not been duly accepted in writing by the Village of Rye Brook and notice thereof given to the then owner(s) of the aforesaid right of way. In the event the undeveloped premises are developed for residential purposes, this Declaration and Agreement shall not impose any obligation on the then owner(s) of the undeveloped premises to 000641 construct the said road. Notwithstanding the foregoing, this Agreement and Declaration shall not preclude the Village of Rye Brook from imposing such lawful obligations as it may deem reasonable, appropriate and necessary as conditions to subdivision, site plan, or other approval, for any residential use of the undeveloped premises. 3. In the event that a road and/or traffic improvement district or other legally permissible mechanism to secure the funding Of major road improvements either by the Village of Rye Brook individually or in conjunction With other governmental agencies and municipalities, Matin Realty and Conference Center each hereby agree to make Payment to the district or fund as provided by law. Matin Realty and Conference Center further acknowledge and agree that certain. existing or future residential property owners in the Village of Rye Brook may not be required to make contributions to any such district, and that such district may provide for reasonable exemptions and exclusions to the extent permitted by law. In calculating.the amounts Payable by each property owner within any such district, Matin Realty. .and Conference Center shall be given credit; for monies respectively expended on the improvements otherwise set forth herein. 4. In the event that no road and/or traffic improvement district is formed, then Matin Realty shall make available to the Village of Rye Brook or other governmental agencies a fund for road and traffic Improvements in the King Street corridor in the vicinity of the premises. The total amount of such funds shall be equal to: (a) One ($1.00) Dollar per square foot of the gross floor area of any office buildings to be constructed on the premises for which building permits are issued subsequent to the date hereof; and (b) Thirty Seven Thousand Five Hundred ($37,500.00) Dollars, which sum, when Paid, shall fully discharge all obligations under this provision attributable to Arrowwood as it now exists and as It may be expanded to 450,000 square feet of gross floor area pursuant to resolution of sitelan a 0 0 0 6 4 p pproval duly adopted by the Board of Trustees of the Village of Rye Brook on August 26, 1986. The obligation to provide this fund shall be independent from and in addition to the obligations otherwise expressly assumed herein. Any Payments made pursuant to this paragraph shall be in cash, certified check or letters of credit payable to the Village of Rye Brook or to such other governmental entity as may be approved by the Village of Rye Brook. Such governmental - - entity shall hold such funds in trust for such improvements and shall .have the right to draw upon and use such funds at any time for the purpose .of traffic improvements on'the King Street corridor. In the event such improvements are not constructed by November 13, 2009, such funds, together with interest thereon, shall be repaid to the party or parties making such payments. S. In the event that a traffic improvement or road improvement district or other legal mechanism is created subsequent to the payment of the funds get forth in Paragraph 4, and prior to November 13, 2009 then the party or parties making such payment(s) shall be given credit for such Payment(s) by refund, reimbursement or otherwise, in calculating its or their share of the district cost. 6. The obligations to be undertaken by Matin Realty or Conference Center- as hereinbefore set forth are conditioned upon the implementation of a comprehensive road network, of which the road referred to in Paragraph 2 hereof is an integral element, by the Village of Rye Brook alone or in conjunction with other governmental agencies, whether by means of the establishment of a special improvement district, or by the imposition of fair and equitable site Plan conditions on similarly situated Property owners, or by voluntary contribution by similarly situated property owners, or any combination of the foregoing. The Village of Rye Brook shall diligently exercise reasonable efforts to ensure- the implementation., to the extent legally possible, .of the foregoing. 000643 7. It is further understood and agreed that any monies'paid by'Matin Realtypursuant' to provision shall be reduced, adjusted and recaptured by Matin Realty on an equitable basis in the event other site plans for significant commercial- development are hereinafter approved by the Village of Rye Brook, in consequence of which the owners of such site or sites, or such site or sites, are benefitted by the improvement described herein. The Village of Rye Brook shall diligently exercise reasonable efforts to ensure the implementation, to the extent legally possible, of the foregoing. B. Notwithstanding anything to the contrary, expressed or implied herein, or in any other document, in any action brought to enforce the obligations set forth herein, neither Matin Realty or Conference Center nor any of their respective partners, shareholders, d�rectors, or Officers shall have any personal liability with respect hereto and any judgment or decree shall be enforceable against the undeveloped premises and any such judgment or decree shall not be subject to execution on, nor be a lien on, assets. of Matin Realty or Conference Center or their respective-partnere, shareholders, directors or officers other than their respective interests in the aforementioned real property. 9. Nothing contained herein shall impose any direct financial obligations on the Village of Rye Brook, it being understood that its obligations hereunder shall be limited to exercising reasonable efforts to ensure that the cost of the improvements respectively referred to therein shall be equitably distributed amongst the benefitted property owners to the extent legally permissible. 10. This agreement and declaration or any part thereof shall terminate on November 13, 2009 or upon the recording of a release or other appropriate equivalent FS 000f')41 ocument duly authorized and signed by the Mayor of the Village of Rye Brook. Ire MATIN REALTY, INC. /� By 11�v".c..,. .,tea-re- n M. Deutsch, Vice President WESTCHESTER CONFERENCE CENTER DEVELOPMENT CORP. b � J Deutsch, resident V LAGE OF R t By G aEk L abcenell, Mayor STATE OF.NEW YORK ) )so. : COUNTY OF NEW YORK ) R On the 4 say September, 1986, before me personally came John M. Deutsch, to me known, who, being by me duly sworn, did depose and say that he resides at 135 Mercer Avenue, Hartsdale, New York 10530, that he is the Vice President of MATIN REALTY, INC., the Corporation described in and which executed the foregoing instrument; that he knows the seal of corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the. Board of Directors of said corporation, and that he signed his name thereto by like order. otary Public ANTHONY A. GEL CA8:40 Notary PuPlic,cWr of Nuv York No. 31-L%8165 OualiFed in Acv,::,rl;Counfy STATE OF NEW YORK ) Ccmwfusicn Expires Afar 31, 1933 )ss. : COUNTY OF NEW YORK ) On the 4-, day September, 1986, before me personally came John M. Deutsch to me known, who, being by me duly sworn, did depose and say that he resides at 135 Mercer Avenue, Hartsdale, New York 10530, that he is the Vice President of WESTCHESTER CONFERENCE CENTER DEVELOPMENT CORP. , the Corporation described in and which executed the foregoing instrument; that he knows the seal of corporation; that the seal affixed to said instrument is 1� iTi such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed iI his name thereto by like order. Notal Public ANTHONY A.OELCASNO STATE OF NEW YORK ) Notary Public,Shlp of Nce,York ea. : No. 31-9694,,5 qualified In New York;Countp COUNTY OF WESTCHESTER ) Commission Expires may 31,1988 On the day of September, 1986, before me personally came JACK L. KABCENELL, to me known, who, being by me duly sworn, did depose and say that he resides at 5 Old Oak Road, Rye Brook, New York 10573; that he is the Mayor of the Village of Rye Brook, one of the corporations described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed 000645 COLUMBUS DAY CELEBRATION PARADE. Mayor Kabcenell - we have a request from the Columbus Day Celebration Committee to hold the parade through the Village of Rye Brook. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that permission be granted for the Columbus Day Parade to be held through the Village of Rye Brook. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE DISCUSSIONS AND REPORTS: Trash Pickup. Mayor Kabcenell read excerpts from letters from the Westchester County Department of Public Works and the Commissioner of Health regarding the refuse disposal crisis in Westchester County. We have been asked to immediately begin a waste reduction program which should include, but not be limited to, the following - Newspapers, boxes, bottles etc. be segregated and stored on site until arrangements can he made for disposal. The County is telling us to store these items somewhere until we can find something to do with them. Temporarily cease all special collections until the end of this month, for such items of furniture, leaves and general debris. Request that mowing service and homeowners not bag grass cuttings but create a compost pile or leave in place on lawn. This is all intended to reduce the quantity of filler items so that the plant's capacity can be used for solid waste materials that are more likely to create a health nuisance. In the event a Public Health emergency is declared, the Health Dept. will order remedial actions within the full extent of the Public Health Law. There were subsequent meeting9with the County Executive indicating the need to cut down the amount of refuse by 20 to 25%. In response to this the Village made an attempt to compromise the impact that the County has ordained for the homeowner. We created a method for picking up paper and recycling the paper - don't forget we have a contact which stipulates what is done and how often it is done. The County estimates that if everbody particpated that might reduce the amount of tonnage by B%. We decided to pick up garden clippings and mulch them, rather than ask the residents to hold on to them until the County thinks of something. We are making an attempt to recycle whatever we can tocut down the amount of trash pickup by 20%. This requires the cooperation of the residents. If people try to hide their newspapers in the garbage we will not be able to cut down and we may be forced into other kinds of problems. Grass clippings and garden debris must be picked up separately - it cannot be composted if it is mixed in with other garbage. Many municipalities have been working with recycling programs for years. The intent of this program is to cut down the amount of refuse we deposit and at the same time accommodate as many of the needs of the residents as possible. DISCUSSIONS AND REPORTS: Alarm Law. There was some discussion on the need for an alarm law because we are averaging 150 alarm calls a month. We answer every alarm. One of the reasons for the law is to see if we can build in a system whereby we can reduce the number of false alarms. We have put together a proposal merged together from other communities' laws to discuss some issues such as permits, providing contacts if homeowner is away, exceptions, fees and/or fines. 000()44; Mayor Kabcenell requested the Board for feedback on content and fees, for a Public Nearing to be scheduled for the next Board meeting on September 23rd. DISCUSSION & REPORT'S:— Larizza, Proposed Subdivision. Wyman Street North. This application was made early in January, and has been before the Planning Board and there seems to be an impasse here between a conventional subdivision and how many lots'he can have, and he is requesting a clustered subdivision, said George Morrow, Special Assistant to the Mayor. The Planning Board seems to want the Village Board to determine the lot count. Fritz Weidle of F.P. Clark Associates has written a couple of reports and he is very comfortable with 16 units, the Planning Board minutes refer to 12 to 16 units. The Planning Board is looking for guidance. Mr. Larizza comes in with plans each month and they still seem to be unable to agree on a lot count. Mayor Kabcenell suggested a Joint meeting of the Planning Board, Fritz Weidle and the Village Board to get more background.to come to some decision. Mr.lMos tromonica, consultant for the developer, is meeting with Attorney Kramer on Friday. Vilage RESOLUTIONS. Appointment to Planning Board. On the motion of Trustee Cresenzi, seconded by Trustee Zak, RESOLVED that Francis Filipowski of 260 Betsy Brown Road, Rye Brook, New York, be appointed to the Planning Board to fill the unexpired term of Walter Lipman, said term to expire in April 1987. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Appointment to Zoning Board of Appeal,. als On the motion of Trustee Cresenzi, seconded by Trustee Zak, RESOLVED that Jay Fidler of 23 Churchill Road, Rye Brook,. New York be appointed to the Zoning Board of Appeals to fill the unexpired term of Francis Filipowski, said term to expire in April 1991. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYR Mayor Kabcenell voting AYE Snow Removal Contracts. On the motion of Trustee Cresenzi, seconded by Trustee Zak, RESOLVED that the Mayor be authorized to sign contracts with the County of Westchester and the State of New York for snow removal on County and State Roads in the Village of Rye Brook. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 000627 BOND RESOLUTION: Capital Improvements to Village Office. On the motion of Trustee Zak, seconded by Trustee Nardi, BOND 'RES OLUT ION DATED August 26, 1986 AUTHORIZING THE ISSUANCE OF $285,000 SERIAL BONDS AND $15,000 CAPITAL NOTES OF THE: VILLAGE OF RYE BROOK, NEW YORK, TO FINANCE THE COST OF CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE OFFICES AT RIDGE STREET AND BOWMAN AVENUE BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of $285,000 and its Capital Notes in the aggregate principal amount of $15,000 pursuant to the Local Finance Law of New York in order to finance the .specific object or purpose hereinafter described. Section 2. The specific object or .purpose (hereinafter referred to as "purpose") to be financed by .the issuance of such Serial Bonds includes and is limited to the following objects or purposes to be undertaken.or completed during or after the year 1986: The construction of improvements to the Village offices at Ridge Street and Bowman Avenue in the Village, including original furnishings, equipment, machinery or apparatus required for such Village offices. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $300,000 and that it plans to finance such cost by the use of (1) $15,000 to be raised as current funds by the issuance of capital notes prior to the' issuance of Serial Bonds or any bond anticipation notes in anticipation of said bonds and (2) $285,000 by the issuance of Serial Bonds as authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines (a) that the purpose for which said bonds are to be issued is described in subdivision 12 of paragraph a of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is not less than ten (10) years. 000(348 (b) No part of the cost of the specific object or Purpose authorized by this resolution has been or shall be specially assessed on property specially benefited thereby. Section 5. Subject. to the terms and contents of this resolution and "the Local Finance Law and pursuant' tothe Provisions of,Sections 30.00, 50;00 and 56.00 to 60.00 inclusive of said law, the power to authorize bondanticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds, capital notes and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief - Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in ''anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal or a facsimile thereof to any of said Serial Bonds, capital notes or bond anticipation notes and to attest such seal. Such execution by the Village Treasurer and the Village Clerk may be by facsimile 1 signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in a manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such Publication shall be in The Daily Item, a newspaper having a general. cireulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any,be.nd anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of ()()0CC) Publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such Publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE MOBIL GAS STATION — PROPOSAL. TO REBUILD This is a request to remove the building and pumps at the gas 'station on the corner of Ridge Street and Bowman Avenue and rebuild, which should be referred to the Planning Board. This is a special. Permitted use. The plans are now complete; but there is a problem. The site plan shows a rear yard setback of 5 feet and the zoning regulations specify a 30 foot rear yard setback. It is conceivable that the applicant must appear before the Zoning Board of Appeals. Because of the lengthyand expensive procedure involved, we will ask the Zoning Board of Appeals to act on this matter even though it is not the ordinary process. On the motion of Trustee Meiskin, Seconded by Trustee Zak, RESOLVED that the application from.Mobil Oil Company to reconstruct the gas station on the corner of Ridge Street and Bowman Avenue be referred to the Zoning Board of Appeals for consideration of a rear setback variance, and then to the Planning Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SUBDIVISION APPLICATION — LUNDELL PROPERTY SOUTH RIDGE STREET Our consultants, Frederick P. Clark has reviewed the application and will have a preliminary report ready for the Planning Board. On the motion of Trustee Meiskin, seconded by Trustee Cresenzi, RESOLVED that the application for Subdivision of the Lundell Property on South Ridge Street, Rye Brook, be referred to the Planning Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE DISCUSSION — POLICE SURGEON. Mayor Kabcenell — what we want is to define the duties, responsibilities and Liabilities. Georgia Kramer should get some information, perhaps from neighboring communities — what we need is some to be available for group gatherings etc. 000650 BUILDING DEPARTMENT CONSULTANT. Mayor Kabeenell — it is the intent of the Board to appoint Felix Fidelibus as a consultant to the Building Department. We need some details, — we are going to need salary stipulations and maximum hours, or maximum yearly budgeted amount according to Civil Service, so I would suggest that the Board have a personnel meeting next Tuesday to deal with this. ANNOUNCEMENTS. There is an Agenda Meeting on September 9th, followed by a joint meeting of the Village Board and the Recreation Commission to discuss the consultant. The Regular Board Meeting will be held on September 23rd at 8 P.M. The meeting was adjourned at 11.45 p.m.