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HomeMy WebLinkAbout1984-10-09 - Board of Trustees Meeting Minutes 000357 MINUTES OF AGENDA MEETING AND CONTINUATION OF PUBLIC HEARINGS ON ROYAL EXECUTIVEPARK, PHASE 1B, and RYE BROOK OFFICE PARK HELD ON OCTOBER 9th, 1984 at 8 P.M. AT THE VILLAGE OFFICE. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris & Zak, Attorney Kramer, Treasurer Cortese, Clerk Smith. PUBLIC HEARING — ROYAL EXECUTIVE PARK, PHASE 1B (CONTINUATION). ' _.__. The public hearing was adjourned for cause related to agreement and understanding of a number of specific items. - Mayor Kabcenell We now have a report from Frederick P. Clark Associates, the Board met with Fred Weidle of FPC Associates, to discuss his recommendations. The items that were in question had to do with additional road development and if I recall, they had to do with the road across Royal Executive j Park and a North/South road to be developed, and improvements at Anderson Hill Road and King Street, and at the intersection of King Street and the Hutchinson River/Merrit Parkways. The following paragraphs from the report were read into the record, which are consistent with our desires, and some of them refer to previous Town Board resolutions that have to do with the North/South road: - 4. As to condition #3 of said Town Board resolution, in addition to - dedication of the future road running in the north/south direction having a right—of—way approximately 100 feet in width as shown on the site plan and is more specifically described on Schedule A to the Declaration of Restrictions. The applicant shall also agree in writing to the construction of that portion of said road which passes through the applicant's property in a Declaration of Restrictions substantially in the form annexed hereto as Exhibit B. Developer also agrees to j grant necessary easements for repairing the slope and grading of road. In the event the Village of Rye Brook determines to modify the location of the proposed road, the Board of Trustees may'so determine provided, that the changed location and course of the road shall not unreasonably interfere with the construction ofuseof the subject premises for additional office buildings. 5. As to condition N4 of said Town Board resolution, the applicant has proposed certain highway and road improvements to the King Street/ Anderson Hill Road intersection and has stated its agreement to pay for a "fair share" of the needed improvements at this intersection, as set forth in the annexed declaration. The applicant shall continue to diligently pursue the completion of a detailed design and - construction plan including cost estimates for said intersection approval. . The applicant understands and agrees that a final Certificate of Occupancy. for Phase 1B may not be issued by the Village unless: a) the traffic improvement described herein has been completed to the satisfaction of the Village; or b) if due to circumstances beyond•Royal's tontrol', such traffic improvement is not completed, Royal shall make a payment to the Village of 57% of $250,000 to be held in escrow by the Village for completion of this improvement. If the escrow account is not sufficient, Royal Executive Park will be 57% of the actual planning and construction or a lesser amount as may be determined by the Village. 6. As to condition //10 of said Town Board resolution, the applicant has discussed the need for several road and traffic related improvements to the King Street/Merritt Parkway intersection to permit that interchange to function more adequately, and has indicated its willingness to form a traffic improvement district and/or to contribute a fair share towards the provision of these improvements as set forth in the annexed declaration, which is hereby ratified. 7. In the course of this review, the Village Board of Trustees has determined that storm drainage and flood control within the Blind Brook drainage basin, of which this project is a part, Is, like the matter of traffic, of primary importance. The existing and proposed storm 000358 drainage system on the Royal Executive Park site was designed, reviewed and approved by professional engineering authorities trained in these matters. For the system to function properly it must be maintained in a satisfactory manner. Accordingly, the applicant shall submit a written maintenance schedule to be approved by the Village Engineer, so as to ensure the continued adequacy and capacity of said system. Said maintenance schedule shall identify all elements of the system and indicate a program for periodic inspection and removal of accumulated silt, debris and other obstructions when and if necessary. Upon the failure of Royal to comply with these conditions, the Village can perform the necessary work, charge Royal and collect as a tax lien --- against Royal's property. These essentially were the items that needed agreement of the - applicant and the Board before we could move forward. Trustee Harris — we have asked Frederick P. Clark Associates to represent us and give us recommendations for our consideration. This report is not yet in its final form that I would want it to be, and I have not had a chance to read it, and I do not feel qualified to pass on this. Joel Sachs — we would like to begin site perhaps if there are some language changes which members of the Board would Like, we feel that conceptually there are no misunderstandings about our intentions, if you want certain word changes, we have no problem. Kurt Kilstock(Royal Executive Park) — We would like to complete the footings before the end of the year, then come back in the Spring to start with the superstructure. We have to reserve the labor and necessary equipment, we really should know now, so that we can give them a letter of intent. Mayor Kabcenell — how about if we give some kind of tentative approval and Mr. Kilstock will accept the way we determine it, pending final approval of the language in two weeks. Kurt Kilstock — I will accept that. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the Site Plan application for Royal Executive Park, Phase 1B, be approved, conditional on final approval of the language of the resolution, on-October 23rd, 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mr. Kilstock thanked the Board for its cooperation. - PUBLIC HEARING — RYE BROOK OFFICE PARK (CONTINUATION). - Mayor Kabcenell reconvened the Public Hearing. .j William Cuddy (Attorney for High Point Associates) made a visual presentation of the site showing the positioning of the proposed road. He pointed out that part of it goes through Dr. Gralnick's property, which is between RBOP and Royal Executive Park. He explained that .Dr. Gralnick hal given a right of way, without consideration, and that RBOP has agre d to do the widening of LincolnAvenue, limited to work on the New York side. They will give $200,000 to the Village in the form of a Letter of Credit, converted to cash onissuance of Certificate of Occupancy, for recreational purposes. This would fully discharge our obligation for this phase of our development. He mentioned that for the future development of approximately 52 acres, there had been discussion about donation of 5 acres of land, and if in the future, Dr. Gralnick's other 60 acres might be developed, another 6 acres of contiguous land. As far as the road is concerned, based on 3300 linear feet of road l�rf 0131'"� !! at $400 per foot, based on 200,000 s.f. of building space, the first phase, works out to be $6.50 per s.f. of space, for RBOP. REP has 1800 linear feet of road, 540,000 of building space with this current application, which works out to be $1.29, and Arrowwood has no obligation. There is inequity here, which we feel has to be addressed. There is also an analagous inequity with respect to recreation contribution, Citicorp paid $100,000 which fully dis- charged their obligation, Royal Executive Park paid $200,000 for 540,000 s.f., and we are paying $200,000 for 200,000 s.f. I am also concerned with the cost of improvements, REP paying 577 and RBOP expected to pay 437, that could be a million dollar improvement, ' costing, us $430,000. These percentages are inequitable, based on the square footage involved. There are also questions as to who will be using these intersections, and to ask two developers to pay the cost of the improvements, especially at the King/Hutch, -- is grossly unfair. There has to be some kind of cap on the figures - involved, and those are the kind of issues that have to be resolved, not only with us but concurrently with REP, and I think we have to approach it a little more definitively and a little more equitably. than the proposed resolution from Frederick P. Clark. He didn't compose one for us, it was a Little more complex situation and also we had negotiations with Dr. Gralnick to relinquish the right of way on the other parcel of land. - We do not yet have recommendations. from Frederick P. Clark on RBOPj --. however, we have been working in tandem with REP and I would not like to go beyond a two week delay. Mayor Kabcenell - I would suggest that this hearing be adjourned for two weeks and hope that we will have more information. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Public Hearing on Site Plan approval for Rye Brook Office Park be adjourned until October 23, 1984 at 8 p.m. for cause. I ' Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE _ Mayor Kabcenell voting AYE PUBLIC HEARING PROPOSED LOCAL LAW No. 30-84 PARKING ON PRIVATE PROPERTY There was discussion with representatives from the Port Chester ' Senior High School, and Sally Mesh, from Blind Brook High School, and Mayor Kabcenell said he would like to meet further with Chief Gendalia and get some more recommendations. I have no difficulty with parking in fire lanes, or parking overnight, but I have difficulty dealing with deciding who can or cannot park in certain areas. - I RESOLUTION AUTHORISING MAYOR TO SIGN LEASE FOR VILLAGE OFFICE IN DONALD ART BUILDING. !! This is a lease for 7500 square feet for Village offices in the Donald Art Building, which is now being reviewed by the Village Attorney. _ On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that the Mayor be authorized to sign the lease for the Village offices in the Donald Art Building, after approval by the Village Attorney. - ! Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE j Trustee Zak voting AYE Mayor Kabcenell voting AYE F4 $ z� % 000360 PUBLIC HEARING - OBS ZONE AMENDMENT. On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that 7500 square feet of space on the lower level of the Donald Art Building on the Bowman Avenue side shall be exempt from the requirements of Floor Area Ratio of Section 66-22 of the Zoning Cade, and may be used as office space. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee, HarrisvotingAYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Continuing the Public hearing, we have had some confusion with the parking requirement of one space for each 300 s.f. plus one for each tenant and requirements related to the number of employees, so what we really want is to eliminate the second paragraph of paragraph 6(c)'. A motion was made by Trustee Zak, and seconded by Trustee Harris. After some discussion, Mayor Kabcenell said he would be comfortable eliminating that second part about 1 space for each suite of offices,- and just have 1 space for each 300 s.f. of space for all OR zones. A motion was made by Trustee Zak, seconded by Trustee Harris, ' RESOLVED that the Public Hearing in connection with parking in OB zones be adjourned to October 23rd, 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTION AWARDING COPIER CONTRACT TO LOW BIDDER On the motion of Trustee Meiskin, seconded by Trustee Nardi, RESOLVED that the contract for a copy machine for the Village office be awarded to the low bidder, Vista Business Products, 505 White Plains Road, Tarrytown, N.Y. 10591 in the amount of $6765.00. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE USE OF POSILLIPO CENTER FOR FOOD DISTRIBUTION. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that use of Posillipo Center by the Community Action Program be authorized for two separate instances, for distribution of surplus food. - Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE ' Trustee Zak voting AYE Mayor Kabcenell voting AYE Tom Hroncich, Recreation Superintendent, was requested to advise Community Action Program that although they had requested the use of the Center once a month, approval was given for two occasions, in order to evaluate the traffic impact, and the Board will then decide {},00361 if it can continue. They should be instructed to provide enough personnel to handle the situation. REFERRAL TO THE PLANNING BOARD, BETSY BROWN ASSOCIATES. ___.___..evi._ —se_d_-- for- - -15 u_nrts.__..c_— A rplan , onforming to the maximum number according I to the Frederick P. Clark Associates report of September 14th, was submitted and was referred to the Planning Board. - RECREATION DEPARTMENT RESOLUTIONS. On the motion of Trustee Meiskin, seconded by Trustee Zak, _ RESOLVED that the Superintendent of Recreation be authorized to expend approximately $300 more than budgeted for the Southeast Consortium, which provides programs for handicapped individuals. Trustee Meiskin voting AYE - Trustee Nardi voting AYE - Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Meiskin, seconded by Trustee Zak,' RESOLVED that Tadd Divittorio be hired as Recreation Leader, at the budgeted salary of $14,500. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting.AYE Trustee Zak voting AYE -Mayor Kabcenell voting AYE ---i OTHER BUSINESS. There was a discussion regarding signs on the corner of Bowman -" Avenue and Ridge Street for various community activities. Permits used to be required by the Town and permission from Merritt& Holby. The Building Inspector bad written a memo, and the Mayor asked that copies be sent to the Architectural Board of Review for their comments. The Clerk was instructed to place a legal notice in connection with a Public Hearing to be held October 23rd, 1984 on a proposed Local Law covering Satellite Earth Station Antennas in the Village. AGENDA ITEMS FOR OCTOBER 23rd, 1984. Public Hearings: 1. Iorio Subdivision, Lincoln Avenue & Westerleigh Rd. 2• Satellite Earth Station Antennas Continuation of Public Hearings: 1. Adoption of Local Laws 2. Royal Executive Park - 3. RyeBrock Office Park - - 4. Off street parking in OB zones. 5. Parking on Private Property - Reports & Discussions i_ Permits for signs. The meeting was adjourned at 11.10 p.m. '