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HomeMy WebLinkAbout1984-10-23 - Board of Trustees Meeting Minutes 000362 MINUTES OF REGULAR MEETING HELD OCTOBER 23rd, 1984, AT 8 P.M. AT THE VILLAGE OFFICE. Present: Mayor Kabcenell, Trustees Meiskin, Harris, Zak, Attorney Kramer, Treasurer Cortese, Clerk Smith. Absent: . Trustee Nardi. - PUBLIC HEARING - Iorio subdivision Lincoln Ave/Westerlei b Road. Based on a report from Frederick P. Clark Associates in connection with the relationship of the property to the flood plain, and Mr. Iorio's statement that the house closest to the brook would have no basement, Building Inspector Fidelibus agreed that the plans meet the requirements. - The environmental assessment form submitted indicates that there ' is negative impact, therefore, On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that the Environmental Assessment Form in connection with the application for subdivision, be accepted. Trustee Meiskin voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE '- Trustee Nardi ABSENT On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the subdivision be approved subject to agreement with the developer in terms of the amount of-the Recreation Fee to be paid to the Village. Trustee Meiskin voting AYE Trustee HarrisvotingAYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Nardi ABSENT PUBLIC HEARING - Proposed Local Law re Satellite Earth Station Antennae. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the Public Hearing be adjourned for revisions in the proposed law to be made by the Village Engineer, and FURTHER RESOLVED that there be amoratorium on placing of any dish antennae until this law is passed. - Trustee Meiskin voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Nardi ABSENT PUBLIC HEARING - Continuation of regard' g park' greaulations in private complexes. Local Law No. 30-84 Parking on Private Property. On the motion of Trustee Zak, seconded by Trustee Meiskin, - J 1 RESOLVED that Local Law No. 30-84, Parking.onPrivate Property, a copy of which is .on file in theVlllage Off ice, is hereby adopted. Trustee Meiskin voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabeenell voting AYE Trustee Nardi ABSENT REPORTS & DISCUSSIONS. - � .. No Parking - November 15 to March 15 Mayor Kabcenell - this was mentioned to alert the public to the fact that the parking of any vehicle is prohibited on all public streets or highways within the Vi Llage of Rye Brook between 2:00 a.m. and 6:00 a.m. from November 15 to March 15, except West Street. Leaf Pick-up. Highway Superintendent Donald Brown reported that leaf pickup is continuing as in the past, the suction machines are working. Signs - Corner Bowman Avenue and South Ridxe Street Village Engineer Felix Fidelibus made recommendations as follows: MEMO: RE: Signs at Bowman Ave. and So. Ridge, Southwest corner. TO: Jules Harris, Trustee From: Felix N. Fldelibus, Building .Inspector-Engineer ! The Policy in the past twent (20) years during the Y g period that I have {, been Town and Village Inspector has been as follows: 1. In the beginning, letters of request to erect signs were addressed to the Supervisor, Town of Ryer after representative of organization requested permission of Merritt & Holby , Inc. owners of the Rye Ridge Shopping Center."All informaLon concerning the size and legend on the sign was related by verbal description over the phoneor in person to Merritt & Holby. They,. then informedapplicant that it was alright to erect sign provided.they received.Approval from the municipality. I, as the Building Inspector was given a verbal order - that it was alright to erect sign,,provided they erected a structurally stable sign. Also, it must be removed immediately after the advertise- ment date the scheduled event terminated. I would so inform the rep- resentative of the organization installing the sign. ' 2. I informed the municipal officials and Merritt & Holby that the signs were located on County of Westchester public highway, right-of-way, under the ,jurisdiction of the County. Therefore, I didn't feel it was my responsibility to approve or enforce what was not covered by a local+ ordinance, specifically describing the agency or agencies of the munici- pality that had jurisdiction,and spelling out in detail, requirements for application, review, and approval. I RECCOMMENDATIONS: i 1. Designate a specific area in the Village for this type of adver- tising with specific regulations designating the type of organizations that could apply for permission to hang sign inaccordancewith specifi- cations that fit the designated location. 2, Prepare a sign ordinance that would regulate the use by applica- tion, size limitation; duration of posting; legend; fee schedule; en- forcement with violations with penalties. 3. The central area that is presently used is apparently the best location, and arrangements could be made with Merritt & Holby or any other property owner at that location to set aside a spot on private property off the highway right-of-way where municipal jurisdiction would be no problem. Regulations as suggested above could be adopted to control the use. 000364 4. Our present Town of•Rye sign ordinance needs up-dating and revision,.and perhaps all can'be consolidated into one (1) ordinance to cover the various building.ione districts throughout the village. 5. In my opinion, the Architectual Beard of Review members should be designated as the agency to review the existing ordinance concerning signs, and prepare an updated ordinance together with the Village Corp. Counsel for the review and adoption by the Mayor and Board of Trustees. The report was referred to the Architectural Board of Review for their consideration. - - RESOLUTIONS. Bids were advertised for - Police Cars Vaccuum Leaf Collecting Machine Cleaning of catch basins Police Cars - No bids were received because of timing, and it was recommended that we readvsrtise with . longer Lead time. Vaccuum Leaf Collecting Machine. Thebids were opened on October 22nd, 1984 in the presence of George Morrow, Special Assistant to the Mayor -- Cynthia Lund, Deputy Village Clerk Donald Brown, Superintendent of Public Works Tim Mulroy, Municipal Machinery Steve Hamilton, Trius Inc. Trius Inc. $14,967.00 Municipal Machinery Inc. $16,673.00 On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED upon the recommendation of the Superintendent of Public Works, Donald Brown, the bid for the purchase of one (1) Self- dumping Vaccuum Leaf Collecting Machine be awarded to the low bidder, Trius, Inc. of Hicksville, Long Island, New York, at the bid price of $14,967.00, and BE IT FURTHER RESOLVED that 'the Treasurer be authorised to pay for the machine after delivery by transferring $15,000.00 from Highway Contractual to the Highway Equipment Fund, and BE IT FURTHER RESOLVED that the Bid Security be returned to the unsuccessful bidders and that the Bid Security of the successful bidder be returned after acceptance of the equipment by the Village Superintendent of Public Works. - Trustee Meiskin voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Nardi ABSENT Cleaning of catch basins. The only bid was considerably higher than the budgeted amount, ' significantly in excess of what we.expected. Our choices are to contract out or do it ourselves - we could rent the machinery but we would have to hire extra personnel. It was recommended that we re-bid and compareprices to contract, rent equipment, or purchase equipment. On the motion of Trustee Zak, seconded by Trustee Meiskin, Cli?0 65 RESOLVED that the bid for the Cleaning of Catch.Basins submitted I by: Fred A. Cook, Jr.,Inc. Box 71, Montrose, N.Y. 10548 be rejected because it is $7,000 overtheestimated and budgeted appropriation, and BE IT FURTHER RESOLVED that the Bid Security of Fred A. Cook Jr.,Inc. be returned, and BE IT FURTHER RESOLVED that this item be re-bid. Trustee Meiskin voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Nardi ABSENT ROYAL EXECUTIVE PARK PUBLIC HEARING RE-CONVENED. - The site plan for Phase 1B, 270,000 square feet of office space on King Street, was approved pending an agreement on restrictions, and the final resolution, of which the Declaration - of Restrictions is a part, was introduced. . The Declaration of Restrictions is going to be recorded as a lien on the property. I ' WHEREAS, the Board of Trustees of the Village of Rye Brook, New York has reviewed an application submitted by Royal Executive Park, a New York partnership having its principal office and place of business at 499 Park Avenue, New York, N.Y., hereinafter referred to as the applicant, for site plan approval to construct an additional portion of a campus-type corporate office park consisting of 270,000 square feet of gross floor area in three, 90,000 square foot buildings, on approximately 19 acres of a larger site, including related parking, landscaping, utilities, drainagefacilitiesand other siEe improvements; and WHEREAS, said development proposal, .currently known as the Royal Executive Park, Phase IB is located in the Village of Rye Brook on Upper King Street, tax designation Section 1, Block 3, Lots 2,3, and 4, and WHEREAS, said application consists of and is supplemented by the following: 1. Said application for site plan approval for Phase IB of the Royal Executive Park was submitted to the Village of Rye Brook in October 1983 by Joel Sachs, Esq, agent for the applicant in this application; 2. A Site Plan consisting of seven drawings, all entitled "Royal Executive Park, Village of Rye Brook, New York; Phase 1B", dated as noted below, prepared in the Offices of Conseco/DMJM, 1709 New York Avenue, N.W., Washington D.C. 20006, all drawn to a scale of 1" = 100': 1. Sheet 1/7 dated March 27, 1984 entitled "Existing Conditions". 2. Sheet 2/7 dated March 27, 1984 and revised September 51 1984 entitled "Site Grading and Design". 3. Sheet 3/7 dated March 27, 1984, revised September 5, 1984, entitled "Storm Drainage". 4. Sheet 4/7 dated March 27, 1984, revised September - 5, 1984 entitled "Erosion ControlPlan". 000366 5. Sheet 5/7 dated March 27, 1984, revised September 5, 1984 entitled "Sanitary Sewers". 6. Sheet 6/7 dated March 27, 1984, revised September 5, 1984 entitled "Water System". 7. Sheet 7/7 dated March 27, 1984, revised September . 5, 1984 entitled "Preliminary Landscape Development Concept, and - WHEREAS, in the course of its review of said site plan application the Board of Trustees has noted, caused or conducted the following activities: I. In 1979, the predecessor in interest to Royal Executive Park, namely London & Leeds, presented to the Town of Rye a conceptual site plan and a Draft Environmental Impact Statement for a 900,000 square foot corporate office park complex to be located off upper King Street in the Town of Rye; 2. In 1980 the Town Board of the Town of Rye issued a Final Generic Environmental Impact Statement for Rye Town North, ' an area of the Village of Rye Brook within which the Royal Executive Park office site is located; 3. In September, 1980 the Rye Town Board issued a Final Enyironmental Im qct Statement far ther;p,ropgse4 ya1 - - Ex ec ut fve"Pa rk.�o^�e1 c c0mp{ez";' _ ,._._ �'�•"_'+ "�P 4• On November 5, 1980 the Rye Town Board, by resolution hereinafter referred to as the Town Board resolution, and attached hereto as Exhibit A, granted conceptual site plan ' approval for the Royal Executive Park office complex containing a maximum of 900,000 square feet and further granted specific conditional site plan approval for a maximum of 450,000 square feet of gross office space floor area constituting the first phase of the Royal Executive Park office complex; and 5. In January 1983 Royal Executive Park substantially completed the first three buildings of the Royal Executive Park office complex noted in paragraph #4 above,' consisting of approximately 270,000 square feet of office space, which buildings were subsequently leased to major corporate tenants; - 6. In September 1983 the Village Board of the Village of Rye Brook, hereinafter known as the Village Board of Trustees, was designated as successor lead agency to the Town Board of the Town of Rye in regard to all further phases of the Royal Executive Park development; 7. In October 1983 the subject application for site plan approval for Phase 1B of the Royal Executive Park was submitted to the Village Board of Trustees, requesting that the Village grant permission to Royal Executive Park to construct an additional 270,000 square feet of office space on the site, to be known as Phase 1B; h 8.' In November 1983 a Draft Supplement to the Royal Executive Park Final Environmental Impact Statement was submitted to the Village Board of Trustees, which Board, acting as lead agency, issued a Noticeof Completion and circulated the Draft Supplement to other governmentalagencies, neighboring municipalities and made said Draft Supplement available to residents of the Village of Rye Brook and other interested persons and agencies; 9. On March 27, 1984 a public hearing was held on the Draft Supplement to the Final Environmental Impact Statement of Royal Executive Park at which time the Village Board of Trustees, heard comments from the public, other involved governmental agencies as well as other municipalities in regard cc the Phase IB of the Royal Executive Park development; R E X M f8 I t OtlQ3�, d •r xFSoLV'r[, Upon motion of Councilman Lerner, seconded by Council- I fman Zareagnino, the following resolution was adopted: � �I WHEREAS, Largo/London & Leeds has submitted to the Town �I of Nye a proposal to develop a campus type corporate office park a io be located on upper King Street, Town of Rye to be known as Royal Executive Park; and WHEREAS, the subject parcel is presently zoned for such proposed office building use and has been so zoned for approx- imately 25 years; and I WHEREAS, the Office Complex use is consistent with the Master Plan of the Town of Rye; and WHEREAS, in conjunction with the application of Largo/ London & Leeds a draft environmental impact statement discussing the various environmental, economic and social consequences of the proposed development has been prepared by the applicant and was the subject of a' public hearing held before the Town Board of the Town of Rye on May 27, 1980; and WHEREAS, on or about September 9, 1980, the Town Board of the Town of Rye after full consideration of the draft environ- mental impact statement, written comments, comments made at the ipublic hearing as well as considerations of the Rye Town North Generic Environmental Impact Statement, adopted the final environ- mental impact statement for the Royal Executive Park, which en- vironmental impact statement approves the corporate office park proposal heretofore submitted to the Town of Rye by Largo/London & Leeds; and WHEREAS, the Largo/London & Leeds heretofore on or about April 15, 1980 submitted to the Planning Board of the Town of Rye a 'detailed site plan containing all information required by the laws and ordinances of the Town of Rye and the State of New York; and WHEREAS, the subject site plan was the subject of a I public information meeting held by the Planning Board of the Town of Rye on or about May 1, 1980; and I t ani.,Ji.�• ;. .,,,, i ry,:�«t4b.�°SAki��'"LY��)w'„�ii�`!�{�� r' '�'W{1 WHEREAS, as a result of such public Lnformettan m%Stl.JL, and as a result from suggestions from Frederick F. Kellogg, Jr. , Consulting Engineers, and Frederick P. Clark Associates, Consult- ing Planners, as well as additional suggestions from .members of the Planning Board, a revised site plan was prepared; and WHEREAS, on or about September 9, 1980, the revised site plan was transmitted from the Town Board of the Town of Rye to the Planning Board for further review; and I ! WHEREAS, on October 9, 1980 pursuant to Legal notice a it public hearing was held before the Planning Board of the Town of Rye on the site plan submitted to the Town of Rye by Largo/London Leeds on or about September 9, 1980; and WHEREAS, on October 15, 1980, the Planning Board of the Town of Rye made certain recommendations on the site plan for the Royal Executive Park; and WHEREAS, on October 21, 1980, the Town Board of the TownI of Rye.subs taut ial ly concurred with the October 15, 1980 recom- mendations of the said Planning Board; and WHEREAS, on October 30, 1980, the Planning Board of the Town of Rye duly recommended the approval of Largo/London and Leeds' site plan dated April 7, 1980, and revised September 8, 198 by the Town board of the Town of Rye, and WHEREAS, as a result of the foregoing, the Town Board of the Town of Rye resolves' as follows: RESOLVED, that the site plan submitted by Largo/London & Leeds for the Royal Executive Park Office Complex dated Septem- ber 8, 1980, complies with all the requirements of the Zoning Or- dinance as well as other laws and ordinances of the Town of Rye and the State of New York; and it is further RESOLVED, that the aforementioned site plan for the Royal Executive Park is approved subject to the following con ditions: I 1. Signs, proper shading of lighting and design of landscaping are subject to the further approval by the Town Board. I 2. Details of construction such as erosion and flood- ! ing control and adherence to the concepts of the approved site �I_plan shalt be in accordance wlth_.the instructions of the Town En- JV krP CEJ. wY..A.n. +,.. ,6,e ,:,..401:4•'1t i . •-.BUY:..e gineer on advice of the Town's consultants, Frederick P. Clark � I 'Associates and Frederick F. Kellogg, Jr. , P.E. and consistent • with the recommendations of the Westchester County Soil and Water iI Conservation Board contained in a letter dated October 23, 1980 iand the recommendations of Frederick F. Kellogg, Jr. , P.E. , 'con- tained in a letter, dated November 1, 1980, copies of which are �I attached hereto and made a part hereof. 3. The Royal Executive Park Site Plan dated Semptember 8, 1980 indicates a right of way approximately 100 feet in width ? for a future road running in a north-south direction. It is a i condition of site plan approval that if, as and when the Town of Rye deems it necessary and appropriate for further development in the immediate vicinity that Largo/London & Leeds shall dedicate without further consideration such right of way substantially at the location as shown on such site plan to the Town of Rye or to such other governmental authority having jurisdiction thereof as determined by the Town of Rya. 4. Diligent efforts will be made by Largo/London & Leeds in order to achieve appropriate traffic signalization and roadway turning lanes at the intersection of King Street and An- derson Hill Road. S. During construction disturbed areas will be restored replanted or otherwise stabilized as rapidly as possible. 6. Largo/London & Leeds shall contribute the sum of i $100,000.00 to the Town of Rye to be used exclusively for parks and recreation purposes, upon full payment of which sum Largo/ London & Leeds, its successors and assigns, shall be fully dis- charged from any liabilities which it has or may have either now or hereafter under Section 277 of the Town Law of the State of Now York, any other law, or otherwise, with respect to the 80 acres depicted in the Royal Executive Park site plan dated September 8, 11980. I 7. No top soil may be removed from the project site ." without the express approval of the Town Board. ", ,t , ,, Arai t i8. The Planning Board has noted its approval of the overall concept of development as presented. Future phaseszhould a closely as possible, be built in accordance with that concept. 9. In the final generic environmental impact statement ) for Rye Town North, as well as in the final environmental impact statement for the Royal Executive Park Office Complex, it was recognized that in order to mitigate the potential traffic impact of the proposed developments in the Rye Town North area, that the various developments, including the Royal Executive Park, are to be constructed in Phases. Therefore, it is the determination of the Town of Rye that the First Phase of the Royal Executive Park . shall not contain more than 450,000 square feet of office. How- ever, the final 90,000 square feet of the First Phase shall not b built without the approval of the Town Board, after the submisslo by Largo/London & Leeds to the Town Board of information concern-! Ing 1) prospective tenants; 2) proposed floor plan layout; 3) data indicating traffic volumes associated with the first 960,000 square feet and projected volumes for the additional 90,000 square feet, and based on a finding by the Town Board that the total First Phase will have a traffic impact of a low density character. 10. No office park development beyond the First Phase as set forth above may take place on the Largo/London & Leeds project site without further approval from the Town Board. During the next several years, the Town of Rye shall continue to monitor the impact of the projects which are approved in the Rye Town �- North development area, particularly with respect to traffic, and depending upon its assessment of the situation as the projects Progress, it may require supplemental traffic studies. Further, it should be noted that the County of Westchester, has agreed to initiate a comprehensive traffic study in order to further the implementation of such road improvements as may be deemed reason- able and necessary to mitigate the impact of traffic on the area. 00.0371 y i As of now, it would appear that the most logical element of any traffic improvement would be an east/west road connecting Lincoln IAvenue in the Town of Rye with Interstate 684 in the Town of Harrison substantially in accordance with the road presently de- lineated on the master plan of the Town of Harrison, in con.- sequence of which primary planning, funding and consideration shall be given to the construction of such road. If for any I reason, however, the planning, funding and construction of such connecting road does not progress, the Town of Rye agrees to fur- ther explore and implement other reasonable alternatives to en- sure that appropriate measures are taken in order to minimize traffic impact on the area; and it is further RESOLVED, that the foregoing resolution shall still re- quire Largo/London & Leeds to submit detailed building Plans to - appropriate officials and agencies of the Town of Rye in order to ensure that the above conditions are complied with and that all other applicable laws and ordinances of the Town of Rye as well as other governmental authorities are fully complied with; and it. is further RESOLVED, that the obligations set forth in this reso- lution shall be bipding upon its successors and assigns as owner of the subject property; and it is further- RESOLVED, that Largo/Longon & Leeds shall deliver to the Town Clerk a letter executed by an officer of Largo/London & Leeds acknowledging the acceptance of all of the terms and con- ditions of this Resolution and said letter shall be a condition i - to the passage of•this Resolution. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen B. Gioffre, Zaccagnino, D. Gioffre and Lerner Nays: None I Dated: November 5, 1980 i i i 10. In May 1984 the consultants for Royal Executive Park submittedwritten responses to the oral commentsmadeat the March 27, 1984 public hearing on the Draft Supplement as well as to the written comments received by the Village of Rye Brook in regard thereto; 11. On July 10, 1984 the Village Board of Trustees accepted the Final Supplement to the Final Environmental Impact Statement to Royal Executive Park; 12. In July of 1984 the Village Board of Trustees forwarded the subject site plan to the Village of Rye Brook Planning Board for review and recommendations; 13. In the course of its review, the Village. Planning Board held at least three regularly scheduled meetings at which time it reviewed the subject site plan documents for Royal Executive Park; - 14, During the Planning Board review noted in paragraph 13 above, the site plan documents for Royal Executive Park ' were also reviewed by Frederick P. Clark Associates, planning consultant to the Village of Rye Brook; 15. The Planning Board at its September 6, 1984 meeting recommended approval of the physical details of the site Plan for Phase 1B of Royal Executive Park with certain conditions; and 16. As to condition $10 of said Town Board resolution, the Village Board of Trustees has required and continued to monitortheimpact of the development projects in the Rye Town North development area and has required supplemental traffic studies as deemed necessary. It is noted that the County Planning Board has informed the Village Board of Trustees that the County is expecting revised versions of consultant reports regarding major highway route analysis through the"Rye Town North.area, - - which consultant studies may assist in determining more precisely the most logical alignment for said major road. As of now, it would appear that the probable route of this traffic improvement will -be a northerly/ southerly oriented road passing through the Royal Executive Park site, and progressing northerly through the western most portions of the High Point Hospital property, in the Blind Brook stream corridor and crossing Lincoln Avenue to the southeast of the Airport runways and shown in concept on attached Exhibit C which is hereby made a part of this resolution. WHEREAS, the Village Board of the Village of Rye Brook is of the opinion chat it is in the general interest and common good of the People of the Village of Rye Brook to approve the site plan for Phase 1B of the Royal Executive Park with certain conditions and stipulations which will be set forth herein, and On the motion of Trustee Harris, seconded by Trustee Zak, NOW THEREFORE BE IT RESOLVED, that prior to any action of approval, approval with conditions or denial of the instant site plan which may be set forth herein, it should be stated that the Village Board of Trustees has given consideration to the Final Environmental Impact Statement for Royal Executive Park as well as to the Final Supplement to the Final Environmental Impact Statement of Royal Executive Park and further 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 thati 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; and 006313 .04c11 ���� \\ I �.- EXflralr c >.�.. .' � J�v4 \• CONVENT - OF THE "SACRED HEARD\\ i \ \ 13 uR tori Po; Ho.. E R .. ♦ W;;' ,� r'I?.4tdS �vla4i 4 mss. a��`'�• ` ,. \ \ •.HIG OINT .HO AL AL \ �\` FJ t . \::ITICO - BLeIND BROOK\ _._ . _..— .�___— � �`--=--- •---CLUB --- Oi�Q37 2. consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the site plan approval those mitigative measures which were identified as practicable and other conditions which may be established by the Village Board of Trustees, and - 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 and subdivision approval except as may be noted below, -- NOW, THEREFORE, BE IT FURTHER RESOLVED that said application for site plan approval and said supplemental site plan documents be and hereby are approvedand the designated agent of the Village Board of Trustees is hereby author lzad to endorse said approval upon copies of all documents, which shall authorize the issuance of building permits in accordance with this resolution and all applicable taws, all upon completion of the following modifications and conditions and also in accordance with the Village's Zoning Law, its subdivision regulations and building code, and that the applicant be so notified, provided however that this approval shall expire two years from the date of this resolution if the modifications and conditions set forth below have not been completed to the satisfaction of the Village Board of Trustees or the applicant has requested an extension of this conditional approval in writings 1. The buildings are to be constructed in similar general design design, character, and exterlo e'mafd'k'±dV,tq,}es^as 'Pha sN 2• After issuance of and as a requisite fof 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. J. No top soil may be removed from the project site withoutthe express approval of the Board of Trustees. 4. As a condition of site plan approval, applicantagrees to dedicate land for 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 grant necessary slopeand grading easements beyond the 100 foot right—of—way and, in addition, necessary easements to enter upon the premises to maintain and repair the road. In the event the Village of Rye Brook determines to modify the location of the proposed road, the Board of Trustees may do so provided that the changed location and course of the road shall not unreasonably interfere with the construction or use of the subject premises for additional office buildings. 5. The FEIS identifies certain proposed highway .and road improvements to the King Street/Anderson Hill Road intersection and the applicant 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 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 IB may not be issued by the Village unless: a) the traffic improvement described herein has been completed to Che satisfaction of the Village; or b) if due to circumstances beyond Royal's control, _such traffic improvement is not completed, Royal shall make a payment to the Village of $140,000 to be held in escrow by the Village to be applied to the completion of the improvements at the King Street/Anderson Hill Road intersection. 000 -3 -75 EXHIBIT B RESOLUTION of 10/23./84 - DECLARATION OF RESTRICTIONS This declaration is made the day of by Royal Executive Park, a New York partnership having its principal office and place of business at 499 Park Avenue, New York, N.Y. WHEREAS, Royal Executive Park (hereinafter ".Royal") is the owner of a certain parcel of land described on the Tax Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4 and situated on North King Street, being more particularly described in Schedule A annexed hereto and made a part hereof (hereinafter "the premises'$); and WHEREAS, Royal has been granted site plan approval for the construction of 270,000 square feet of office space on the premises by the Village Board of the Village of Rye Brook on October 9, 1984, hereinafter known as Phase 1B; and WHEREAS, in approving the site plan of Royal Executive Park, Phase 1B, both Royal and the Village of Rye Brook are cognizant of the need for certain traffic improvements in the King Street corridor; and WHEREAS, the site plan approval granted on October 9th, 1984 by the Village of Rye Brook is expressly conditioned upon the commitment of Royal and its successors to make financial contributions to traffic improvements in the King Street corridor; NOW THEREFORE, Royal as owner of the premises does hereby declare that the premises are now and 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 and desirability of the premises and which shall run with the real property binding every party having any_.right, title or interest to the premises or any part thereof and binding all heirs, successors and assigns. 1. Royal agrees to pay a share of needed traffic improvements at : the King Street/Anderson Hill Road intersection together with other benefitted developers in the Village of Rye Brook it being understood that Royal's fair share shall not exceed 57% of the total design and construction costs payable by Rye Brook developers or taxpayers for such improvements. It is further understood and agreed any monies paid by Royal pursuant to this clause may be reduced, adjusted and recaptured by Royal on an equitable basis in the event other site plans for significant commercial or residential development arehereinafter approved by the Village of Rye Brook which site plans are benefitted by the improvements described herein. 2• Royal agrees to pay a share of needed traffic improvements at the King Street/Merritt Parkway intersection together with other benefitted developers in the Village of Rye Brook it being understood that Royal'a share shall not exceed 57% of the total design and construction costs payable by Rye Brook developers or taxpayers for such improvements. It is further understood and agreed any monies paid by Royal pursuant to this clause may be reduced, adjusted and recaptured by Royal on an equitable basis in the event other site plans are hereinafter approved by the Village of Rye Brook which site plans are benefitted by the improvements described herein. 000376 3. Royal, in its site plan document designated as Sheet 7/7 dated March 27, 1984, revised September 5, 1984, indicates a 100—foot right—of—way for a future major north/south or east/west road through its property, including necessary slope and grade easements and agrees to construct such road to the specifications of the Village of Rye Brook at Royal's expense at the approximate location as indicated on Sheet 7/7 and to dedicate such road to to the Village, of Rye Brook or other governmental .agency in accordance with the conditions set forth below. Royal's offer to . construct and dedicate such road shall expire in 25 years from the date hereof if such offer has not been accepted by the Village. 4. In the event that a road and/or traffic improvement ' district or such other legally permissible mechanism to secure the funding of major road improvements is formed either by the Village of Rye Brook individually or in conjunction with other governmental agencies Royal hereby agrees to make payments to the district with the other owners of the property within such district as provided by law. Royal further understands and agrees that assessed value of property of a certain amount may be excluded, and that existing or future residential property owners in the Village of Rye Brook--may. nota,be.mequbred .to .make •.,o-c., ,„ contributions to the District. The District would be formed to .pay for the road and highway improvements set forth in paragraphs 1, 2 and 3 as well as additional road and highway improvements within the benefitted area. In calculating the amounts. payable by each property owner within said District, Royal shall be given credit for monies expended on the improvements described in paragraphs 1, 2 and 3 herein. 5. In the event that no road and/or traffic improvement district is formed then Royal shall pay to the Village of Rye Brook or other governmental agencies within 30 days after a request is made by Rye Brook a sum of money into a fund for road and traffic improvements on the King Street corridor in the vicinity of the premises. The total amount of such funds shall be equal to $1 per square foot of the gross floor area of any additional office buildings to be approved on the Royal site on or after October 9, 1984. The obligatign to provide this fund shall be independent from and in addition to the obligations assumed by Royal in paragraphs 1, 2 and 3 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 other governmental entity. Such governmental entity will have the right to draw upon and use such funds at any time for the purpose of traffic improvements on the King Street corridor. 6. In the event that a traffic improvement or road improvement district or other legal mechanism is created subsequent to the payment of the funds set forth in paragraph 5, then Royal shall be given credit for such payment in calculating _ its share of the district cost. 7. The obligations to be undertaken by Royal pursuant to paragraphs 3 to 6 inclusive herein are conditioned upon the implementation of a comprehensive road network of which the road referred to in paragraph 3 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. 8. This declaration or any part thereof shall terminate within 25 years or upon the recording of a release duly authorized and signed by both Royal and the Mayor of the Village of Rye Brook. ROYAL EXECUTIVE PARK By; I ROYAL EXECUTIVE PARK II All that certain lot, piece or parcel of land with buildings and improvements thereon situate, lying and being in the Towns of Rye Brook and Harrison, Westbhester County and State of New York being more particularly bounded and described as follows: Beginning at a point on the west line of King Street, said point being the intersection of the division line between lands of .Royal Executive Park and lands now or formerly of Hipo Realty Corporation with the west line of King Street. Running thence southerly along the west line of King Street, S 190 22' E 173.67 feet, S 220 38' E 114.40 feet, S 2b0 2$' E 70.00 feet, S 270 29' E 60.00 feet, S 280 31 ' E 126.00 feet and S 300 56' E 70.09 feet to °a& 'po'int. W...,.,w.— > . •A.., Running thence westerly through lands of Royal Executive Park along the north line of the access drive 432.09 feet along the arc of a circle curving to the right with a radius of 2,008.24 feet and S 690 51 ' W 72.00 feet to a point. Running thence still westerly,through lands of Royal Executiv Park, S 680 21 ' 23" W 540.60 feet, 309.81 feet along the arc of a circle curving to the left with a radius of 341 .36 feet and S 160 21 ' 23" W 9.66 feet to a point. Running thence southerly through lands of Royal Executive Park, S 730 33' E 61.36 feet, 264.07 feet along the are of a circle curving to the right with a radius of 600.00 feet, S 480 20' E 295.00 feet, 404.92 feet along the arc of a circle curving to the left with a radius of 800.00 feet and S 770 20' E 215.99 feet to a point on the division line between lands of Royal Executive Park and lands of Matin Realty, Inc. Running thence westerly along the division line between Royal Executive Park and lands of Matin }fealty, Inc. S 780 40' W 411.20 feet, S 780 15' W 98.00 feet, S 820 07' W 585.50 feet, Royal Executive Park II 1 S 75° 131 IV 335.10 feet, S 770 03' W 29. 10 feet and S 120 201 W 147.10 feet to a point on the east boundary line of lands of State University of New York. I Running thence northerly along the division line between land of Royal Executive Park and land of State University of New York, N 450 '52' W 22.10 feet, N 620 251 W 236.70 feet, S 340 25' 4011 W 40.46 feet, N 520 24' W 35.44 feet, N 430 381 W 66.70 feet, i . N 210 ,1081 30" W 79. 16 feet, N 150 05' 30" W 373.31 feet and N 10°.48' 30" W 481. 15 feet to a point. Running thence easterly along the division line between wand of Royal Executive Park and lands now or formerly of Hips, Realty. Corporation, N 530 011 E 550.50 feet, N 520 201 E 50.00 feet, N 530. 24' E 501 .80 feet, N 520 181 .E 233.00 feet, N .620 201E � i;•. 26.00 feet and N 670 34' E .801 .60 feet to the point and place of i beginning and containing 49.940 acres. PORTION OF ROYAL EXECUTIVE PARK II i IN TOWN OF GREENWICH CONNECTICUT Beginning at a point on the west line of King Street, said point being the intersection of the division line between lands of Royal Executive Park and lands of hatin Realty, Inc. with the west line of King Street. Running thence westerly along said division line, S 680 501 W 363.50 feet to a point on the New York-Connecticut State line. Running thence northerly through lands of Royal Executive i Park and along the New York-Connecticut State line, N 210 53' W 440.00 feet to a point. Running thence easterly through Royal Executive Park, 1V 540 06' E 160.85 feet to a point on the west line of King Street i 0003801 , Royal Executive Park II Running thence southerly along the west line of King Street, S 430 301 E 60.08 feet, 8 440 44' E 287,50 feet and S 460 14' E 178.60 feet to the point.and place of beginning and containing 2.769 acres, i .. i ' Y •i J• A. Kirby Company. Port Chester, .New York '. December 5, 1983 I 00081 6. The applicant has discussed the need for several road and traffic related improvements to the King Street/Herr itt Parkway intersection to permit that interchange to function more adequately, and has indicated its willingness to forma traffic improvement district and/or to contribute a 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 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 Building Inspector, 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. B. Should the storm and 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 20 days or in the event of an emergency, within 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 Che cost of conducting said work' against the developer and property, enforcible in the same way as a tax lien. 9• The matter of visual impact and impression which the Royal Executive Park buildings and accessory facilities create `" "'"- upon the general public is also of paramount concern to the Village Board of Trustees. Accordingly, the Phase 1B buildings, parking areas, landscaping and other incidental construction shall result in a visual impression at least similar in acceptance to the recently constructed first phase of the project. Such visual acceptance shall be Insured by the use of building materials of similar colors and textures as are presently evident In the first phase of construction. The proposed atrium between the three buildings in Phase IS, which will enclose an area of approximately. 13,700 square feet with extensive use of glass shall be constructed in such a design and manner. as to avoid the visual impression of creating a single very large building from the three separate 90,000 square foot buildings on the Phase IS site plan. The enclosed atrium spare shall be considered as open _space for general tenant services rather than as exclusive space for specific uses and shall be leased by Royal. The atrium shall be used only for greenhouse or lobby purposes and no sale or service of food or other products is allowed in the atrium, 10. 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 the Village Board of Architectural Review, to the extent of detail deemed appropriate by said Board of Architectural Review and for approval of said Board. ll . All utilities shall be provided In sizes and amounts and locations in accordance with accepted engineering principals and shall be approved by the Village Building Inspector. 000;382 12. Another concern of the Village Board of.Trustees relates to noise impact from external activities, upon the internal such as airplane,, functions and activities of the occupants of the buildings. Accordingly, the applicant shall make every effort to integrate soundproofing materials into the construction of the buildin shall be gs and a report on such efforts submitted to the Board or Trustees for its information. 13. The applicant shall submit a of exterior ldetailed listing or schedule' andscape and planting material to be Phase 15, This schedule shall used in lnc Lude but not be limited to number, type, size and location of all planting materials and shall be approved by the Village.Board of Trustees. 16, All construction in Phase 18 of the Royal Executive Park projectshall be completed, including all landscaping; prior to the Issuance of the final certificate of occupancy. The applicant may request and the Village Building Inspector may grant a temporary certificate of..occupency In order to provide reasonable assurance that the applicant will be afforded the necessary time to achieve road improvements and satisfy other conditions noted in this resolution and in the accepted environmental impact ' statement. 15. The applicant shall submit a written declaration of restrictions, commitments and intentipn.aj.,tcl compliance with 'the interest 'and purposes of"this resolution in the- . form annexed hereto as Exhibit B and shall cover but not be limited to: a guarantee by the applicant of participation in the preservation of a major road alignment( participation in a traffic control and road improvement district for off—site improvements within the Village of Rye Brook and surrounding communities( participation in improvements at the Anderson Hill Road and Merritt Parkway intersections with King Street. The above written commitment shall be executed by Royal and recorded in the County of Westchester, Division of Land Records as a condition of this Site Plan approval. Such Declaration shall be a lien upon the premises and shall be binding upon the applicant, its heirs and assigns. 16. 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, avai Lability of flag men or other traffic control devices during periods pf temporary congestion or emergency and other matters considered appropriate. 17. During the period of construction, the applicant shall conform and comply with the Westchester County Soil and Water Conservation Boards "Best Management Practices Manual" for construction related activities so -as to minimize soil' erosion, siltation and other .storm drainage problems and shall utilize the services of the Westchester County Soil and Water Conservation District where appropriate. 18. 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 Sn the amount of $1,000.00( in addition, the applicant shall pay for independent consultants and inspectors deemed necessary by the Village Board related to the project. 19. The Board of Trustees reserves the right for the Board or its designee to make a final field inspection of the site before issuance of a certificate of Occupancy for the proposed office complex. The purpose of this final inspection is to review the development applicant has antis insure complied with all site plan conditions set j forth herein and other site plan details in the SnterestaQ�, shall safety, convenience and aesthetics. The applicant. shall maintain all elements bf the approved site plan including landscaping in a.neat, viable and healthy condition so as to retain its approved certificate of occupancy. 20. I-f the applicant fails to comply with any of Che conditions with respect to maintenance, drainage and landscaping, the Village Board of Trustees may direct compliance with the site plan conditions to be performed within 20 days or in the event of an emergency, within n 24 hours, by an outside independent contractor and the cost of the services shall become a charge against the land, - enforcible in the same manner as a tax Lien. Trustee Meiskin voting AYE Trustee Harris voting AYE - Trustee Zak voting AYE Trustee Nardi ABSENT - Mayor Kabcenell voting AYE - Joeir cooperation.l Sach, Attorney for the developer, thethanked the Board for RYE BROOK OFFICE PARK PUBLIC HEARING RECONVENED, William Cuddy, attorney for the developers, asked that the following communications and documents be made part of the record. - LAW OFFICES CUDDY & FEDER 90 MAPLE AVENUE ' '.. WHITE PLAINS, NEW YORK 10601 GARY E.BASHIAN 100,4 j i THOMAS R.BEIRNE IOw D.0.1 914 761-,300 JOSEPH P.CARLUCCI Co aacllcm once WILLIAM V.CUDDY ww OawJ 460 SUMMER STREET ROBERT FEDER STAM F.OR p,CONNECTICUT 06801 ANDREWOMAS D.GIORDANO laity FN we N.J.) 203 Sae-oeo JOSHUA ANDREW A. RAUERON INw C_, KENNET F.JURER Cwwwl - KENNETH F.JURIST - RICHARD A.KOZLAKATZIVE L C ED WEIL Ww cew.1 THOMAS H. KOZLAgK INw ce,�.I _. - PAUL C.GRA VENHORST pity Cm1 BARRY.E.LONG October j7 ELINOR J.PATERSON Ice...wh1 RUTH E. ROTH , 1984 GORDON R.PATERSON Icwn.w,l LOUIS R.TAFFERA - - Mr:. Kenneth W. Hubbard Gerald D. Hines Interests 375 Park Avenue New York, New York 10152 1 Re: Rye Brook Office Park Dear Ken: - I You have asked us to briefly summarize the law in New York State with respect to a municipality's authority to impose conditions on a development as prerequisites to approval Of A site plan or subdivision. The la prerequisiw is testoially the same whether one is dealing with site plan or subdivision. A Village Board may approve a site plan as an adminis- trative act, as distinguished from a legislative act, or it may delegate such authority to its Planning Board pursuant to g7-725 of the Village Law. The parallel provision under the Town. Law is. 5274(a) . The case law relating to the approval Process pertains regardless of whether the municipality is 8-wress of - istheBoardaof�Trusteesand aorlthe village hPlanning pBoarIng authority The Board of Trustees Of the Village of Rye Brook e has retained the authority to approve- site plans and:, � in exercis- ing that authority, must conform to the dictates -of the enabling . statute as at by the Courts. A! ication of Peckham Industries, Inc. v. Planning Board of the Town o Patterson 61 MISC. 2d 617. Nemeroff Realty Corp v Kerr, Dd A.D. 2d 437 - aff'd 32 N.Y. 2d 873. /'d 900384 While the statutes do not specifically authorize the imposition of conditions, it has been held that the approving authority is empowered to impose reasonable conditions in connection with site plan approval, if there is a rational relationship between the conditions imposed and the problem that would result from the effectuation of the proposed develop- ment. Holmes v. Planning Board, 78 A.D. 2d1; Mackall v. White, 445 N.Y. 2d 886. The cast of acquiring, improv or creating. - off and/or on-site improvements can only validly be imposed on a developer where it is found that the improvements are required because of the proposed development. The primary responsibility for providing public improvement and municipal services lies .with the local government and the municipality cannot transfer all Of its cost to private developers. Ozols V. Earl Henley, 81 A.D. 2d 670. Matter of Golden v. Planning Board of-the Town of Ramapo, 30 N.Y. 2d 359unreported opinion of controller attached hereto) . In accord with this reasoning is the case of William J. Charles v. HenryDiamond, 41 N.Y. 2d 317 where the Court of eld: "Yet the sewage problem was not caused by the nature of plaintiff's land but was general to the community. It was, we concluded, impermissible to single out one land owner to bear a heavy financial burden caused by a general community condition." "However, the crucial factor, perhaps even a decisive one, is whether the ultimate economic cost of the benefit is being shared by the members of the community at large or rather, is,_being hidden from the public by the placement of the entire burden upon particular prop- erty .owners." See also Belle Harbor Realty Corp. v. Kerr 35 N.Y. 2d 507; Rochester TelephoneCorporation v. Village of Fairport 84 A.D. - 2d 455; Pace Developers, Inc. v. SuffolY. Count Water Authority N.O.R. N.Y.L.J. page 1], column 6. In addition to finding a rational nexus between the proposed development, the problems it creates and the benefits conferred upon it, there must also be "a correlation between the cost and the provable benefit; and an improvement capable. of being exactly financed or proportioned e.g, sewer, streets and parks." Holmes v. Planning Board of the Town of New Castle, Supra. If the cost o t e condition imposed burdens the developer unreasonably, it will be stricken as discriminatory and con- fiscatory. The condition imposed must be a reasonable share of the solution designed to alleviate a problem that has been created by the developer. "The incidental remedial' effect of the condition cannot be made a basis for finding that the. plan exposed the petitioner's property for Town purposes." Holmes v. Planning Board of the Town of New Castle, supra. The prevailing law clearly indicates that a developer will only be legally required to bear that proportion of the cost of an improvement which bears arational nexus to the needs created by, and benefits conferred upon, the development. The conditions proposed to be imposed by the Village of Rye Brook do not, in many respects, complywith the law. You have indicated to us that High Point Estates is amenable to some of those conditions. You have further indicated to li us that other proposed conditions, which in our opinion, also exceed the authority of the Village, are so onerous and un- reasonable that they would .render the project economically unfeasible. We suggest you advise the Board of Trustees, in writing, and for the record, of those conditions whether legally sustainable or not, which you would be willing to accept were site plan approval granted at this time, without prejudice to your rights if site plan approval were denied, or granted subject to conditions which are objectionable. Sincere regards, Wil1iV. Cuddy ' 0100385 :Geraid 0.Hines Interests 375 Park Avenue New York,New York 10152 Area Code 212,355-3490 October 18, 1984 _ Hon. Jack KabceneII and Members of the Board of Trustees V1 l age of .Rye Brook -- 111 South Ridge Street _ Rye Brook, NY 10583 j Re: Rye Brook Office Park Dear Mr. Mayor and Members of the Board of Trustees:. Gerald D. Hines interests ("Hines") and High Point Estates, Inc. ("Gralnick") have formed a partnership, High Point Associates (the "Venture") to develop 82 of the 142 acres on the High Point property In Phases over a ten-year period. Hines Is the managing partner of. the Venture. We are nownearing completion of an approval process which began ' with the Village of Rye Brook (the "Village") almost 18 months ago, and the Board of Trustees has before it a site plan application for a first Phase of 200,000 square feet of office space located on a 30-acre parcel at the southwest corner of Lincoln Avenue and King Street. '. We have previously submitted material to you describing the activities of Hines. The firm is recognized for Its successful.collaboration with such leading architects as I.M. Pei and Partners; Kevin Roche John Dinkeloo and Associates; Skidmore, - Owings, and Merrill; and Johnson/Burges, the architects chosen for this project. Hines's phllosophy� of long term ownership and on-going management of the properties It develops results in. a strong emphasis on quality In all areas of each building. The .company's tenant roster Includes many Fortune 500 and equivalent firms: j Planning for the development of the 82 acres began only after -several meetings were held with members. of the Planning Board to determine the Village's planning goals. The overriding concerns, expressed by the Village were the proposed scale and traffic impacts of the project. Accordingly, the first phase has been limited to less than 20% of the floor area permitted under zoning so that it can fit within the capacity. of the existing road system. Building placement and design were also chosen to limit the project's visual and traffic Impacts on surrounding ' areas. _ Throughout the entire review period, we have continued to be sensitive to the concerns of the Village and endeavored to work openly and constructively with the communitytoencourage their full support of the ' Project. We are now at the point where we would Justifiably anticipate. approvals subject to reasonable conditions. To our surprise, we now find ourselves confronted by a series of proposed conditions (sane.of Which we view to be new) which we do not consider -reasonable or equitable. Further, after consultation with our attorneys, Cuddy E Feder, Esqs., we have been advised that sari of the proposed Condit lons'exceed your legal authority. A copy of their letter to us of October 16, 1984, Is enclosed for your consideration. I : We have presented the conditions proposed by the .Village Attorney and transmitted to us by our counsel, and our position with respect to each of - those conditions In the attached outline, so that you can gave your full and timely consideration to the unresolved Issues prior to the Board meeting of October 23. We have taken this approach consistent with the pattern previously established of working openly .and constructively with the Village. It Is not our intent to be confrontational or adversarial, but. we do think It Is In our mutual best Interests to set forth those Issues with which we are in agreement, and those with Witch we are in disagreement. This should expedite your consideration of our site plan In an objective context, and thereby aid us In definitively resolving. all Issues at next Tuesday's meeting. We would welcome the opportunity to meet with you, should you be Interested, to review this material prior to Tuesday's meeting. 00038('It might help to put this entire matter In perspective by sumiarizing the aggregate dollar cost of the conditions proposed by the Village assuming, for Purposes of thisconsideration, a land value of $.70,000 per acre: TABLE I PUBLIC CONTRIBUTIONS Recreation Fee Cash $200,000 Dedication of 11 acres 770,000 Site work 100,000 Subtotal : $1,070,000 Improvements Anderson Hill Rd./King St. $ 107,500 Merritt Pkwy./King St. 258,000 Lincoln Ave./King St. 0,000 ,1010 Access Rd. (3300 If @ $400/if) 10,000 Fund for cannon costs of Access Rd. 200,000 Right-of-way (7 acres) 490.000 Subtotal : $2,475,500 Total : $3,545,500 These additional costs are disproportionate and Inequitable when measured against the land's market value, and It Is unreasonable to expect total' contributions of $3,545,500 to be amortized over a development that has been limited, at least for the present, to 200,000 square feet. When combined with the reduction In the Initial floor area to 50% of the area permitted within the 30 acre-lot, the cost of obtaining approvals escalates to more than 500% of the amount which could be expected under ordinary circumstances. This can be seen in Table II as Set forth below. Furthermore, to the best of our knowledge, no other project in the Village--Royal Executive Park, Arrowweod, The Atrium--has been required to make public contributions on the order of 17.73 psf, as Is being requested "of this project. TABLE II COMPARISON OF LAND VALUES Rye Brook Typical Office Park Project Lot size 30 acres 30 acres Land price ($70,000/acre) $2 100 000 $2,100,000 Public contributions $3,545,500 Floor area (.3 FAR) 200,000 sf 392,000 sf Cost psf of floor area $28.22/sf $5.35/sf Cost index 5273 100$ It Is worth noting that costs relating to the creation of the proposed north/south road (the "Access Road") represent almost 60% of the total contributions being requested by the Village at this time. We believe It is unreasonable to expect the Venture to underwrite the cost of the Access Road prior to the need for such a road and prior to the Venture receiving approvals for the floor area required to support the cost of the road. ' Let me re-errphaslze, however, our ccmmltment to working with the Village and all other Involved parties for the creation of such a road. We have been working at our own expense with our consultants for almost three. Years to stimulate further interest in and to achieve greater momentum for the construction of the Access Road. We are prepared, as a,condition for the development of the first phase, to grant a right of way through the Venture's property, and to obtain the same commitment from Gralnick, so that orderly planning for the road can continue. We are also prepared to Pay for the cost of the road over the Venture property as a condition for future phases. In view of the foregoing, we solicit your good fain, cooperation In resolving our differences. The Venture Is prepared, without prejudice, to go beyond the conditions which our counsel have advised us are not legally sustainable In the Interest of expediting the approval process. I am confident that, after reviewing the foregoing and the enclosures In detail You will agree that our position Is a reasonable one. Again, we are available, along with our consultants and attorneys, to meet With you at your convenience at any time prior to Tuesday's meeting to resolve these Issues Ina manner which Is fair to all concerned. We thank you for your consideration and courtesies since our Initial discussions almost two years ago. We hope that clrcuistances will permit us to cooperatively proceed together In theresponsible development of the King Street corridor In the future. - Sincerely, Kenneth W. Hubbard - Executive Vice President OUTLINE OF TERMS REQUIRING RESOLUTION VILLAGE OF RYE BROOK HIGH POINT ASSOCIATES 1. Recreation: a) Contribution of $200,000 a) Delivery of appropriate cash at this time, I .e., letter of credit for. upon granting of site plan $200;000 at date of Issuance approval, to discharge of building penult, with obligations with respect to cash to become payable at 30-acre parcel . date of Issuance of certificate..of occupancy. j i b) Dedication of 11 acres b) Dedication of 5 acres In the acceptable to the Village to northwest quadrant of the discharge High Point Venture property to Associates' (the "Venture") .discharge Venture-obi lgation obi igatlens with respect to In the event of any further' balance of 82 acres under site plan approvals on the contract to the Venture, and Venture property, exclusive the southerly 60 acres of the Initial 30 acres now conterolated to be retained under consideration. by High Point Estates, Inc. ("Estates"). venture In the event of any to grade northerly five subsequent site plan acres for football field and approvals for cam-ercial softball field, development of the Estates, property, it would have the option to dedicate the 6 acres contiguous on the south to the 'Initial 5 acres to discharge Its obligation with respect to the southerly 60 acres now awned by It. 2. Lincoln Avenue/King Street Intersection: • Venture, at Its awn cost and Acceptable as condition of expense, to widen the Issuance of building permit. Intersection within the State of New York, Including providing a left turn proceeding northerly on King Street. 000,188 VILLAGE OF RYE BROOK HIGH POINT ASSOCIATES 3. Anderson Hill Road--King Street ]rte rsection: . The Venture to pay Its "fair Acceptable, Provided move y share" of Intersection s are payable upon Issuance of Improvements, with fair building permit. . share to be 43$ of the Village of Rye Brook's share or $107,500, whichever Is less, subject to recapture Provisions. 4. Merritt Parkway/King Street Intersection: The Venture to pay Its "fair Acceptable, provided moneys share" of Intersection are payable upon Issuance of Improvements, with fair building permit. share to be (1) 125% of 43$ of the Village of Rye Brook's share or (11) $258,000, whichever Is less, subject to recapture provisions. 5. North/South Road Rights-of-Way: Estates to dedicate 100' Acceptable to Estates right-of-way Onwesterlyside of entire 142 acre Provided open offer of part of Parcel If dedication is limited to ten' years. comprehensive road network, 0 with offer of dedication to be open for 25-year period. 6. North/South Road Construction: a• The Venture to agree to pay a. Venture agrees to pay for for portion.over venture portion over Venture property at this time, property If, as and when it regardless of whether It receives any further - receives building permit approvals. for develoPrent beyond the Initial 200,000 square feet, subject to recapture provisions. b• Estates to agree to Pay for b. Estates Agrees to portion over southerly 60 0 Pay for acres at this time, Portion over Its property regardless of whether it if, as and when It receives receives any further a building permit for approvals. commercial development of at least 200,000 square feet, subject to recapture - provisions. 7. Road Improvement District: Improvement District or Conceptually acceptable, equivalent alternative to design and construct major subject to recapture road Improvements. Provisions and Participation by Venture In design lgn and - ' construction of road. - 8. Alte rnatf ve Road improvement Funding: An assessment of $1.00 per Conceptually acceptabl square foot of office space but exclusive of the Initial e,e, contributed to road improvement fund if no 200,000 square foot building now under consideration. district formed. Contributions, If any, subject to recapture provisions. 000889 Mr. Cuddy explained that the $200,000 cash contribution, rather than a Letter of Credit, would be the recreation fee for the first phase of 200,000 square feet, and the 11 acres of land will fulfill the obligation for the balance of 52 more acres under contract and 60 acres owned by High Point Estates Inc. which may never be developed. - The $200,000 and the 11 acres will be transferred at the time the building permit for the first phase of 200,000 square feet is issued. Mayor Kabdenell said he would like to move that we approve this subject to....but the sense of the Board was that they would prefer more time to study the documents, which they had only just received, that they were in favor of moving forward, and shedule a meeting two weeks hence. The attorneys were directed to draft the resolution. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the Public Hearing on Rye Brook Office Park be adjourned to November 13th, 1984 at 8 P.M. Trustee Meiskin voting AYE Trustee Harris voting AYE - Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Nardi ABSENT PUBLIC HEARING ON VILLAGES LAWS. - On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that the Public Hearing on adoption of Village laws be adjourned until November 13, 1984 at 8 P.M. Trustee Meiskin voting AYE Trustee Harris voting AYE Trustee Zak voting AYE - Mayor Kabcenell voting AYE Trustee Nardi ABSENT The meeting was adjourned at 10.25 P.M.