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HomeMy WebLinkAbout1986-11-25 - Board of Trustees Meeting Minutes 0671-A MINUTES OF THE REGULAR BOARD MEETING HELD ON NOVEMBER 25TH 1986 AT 8 P.M. AT THE VILLAGE OFFICE. 90 SOUTH—RIDGE STREET RYE BROOK. PRESENT: Mayor Kabcenell, Trustees Meiskin, Nardi, Cresenzi. Zak, Attorney Kramer, Treasurer Cortese, Clerk Smith. Minutes of the meetings held on October 14th, October 28th, and November 18th were approved as submitted. PUBLIC HEARING (Adjourned from October 28th) - Amendments to the Zoning Law, Definitions. — After some discussions, Attorney Kramer said that the amendments were satisfactory to the Zoning Board of Appeals. On the motion of Trustee Meiskin, seconded by Trustee Cresenzi, RESOLVED that Local Law No. 2/86, AMENDMENT TO THE ZONING LAW, copy of which is on file in the Village Office, be and hereby is adopted. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC HEARING (Adjourned from October 28th) - Amendment to the Unnecessary Noise Law # 37/84. Mayor Kabcenell asked for an adjournment of this Public Hearing to the Regular Meeting of December 23rd, for a clearer definition on this law. PUBLIC HEARING - Proposed Amendment to Section 3 of Local Law No. 19/84 entitled Excavations and Topsoil Removal. After some discussion, on the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that Local Law 4 19/84 Excavations and Topsoil Removal, Section 3, be amended to provide: The Board of Trustees may by resolution permit an exception to this law to permit removal of topsoil upon a showing that there is excess topsoil and that there is good cause for removing the excess topsoil from the site. The Board may in its discretion impose requirements that the excess topsoil be removed to another site within the Village at no expense to the Village. 0671-D Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE COMMUNICATIONS - Proposed Subdivision, Anglican Church of the Advent, Comly Avenue. Mayor Kabcenell - the proposal is to create a subdivision which will provide 4 lots. Normally we would be referring any subdivision application to the Planning Board, but it is important that we reflect back historically on this piece of property. This piece of property was the result of a subdivision of St. Paul's Church in 1983, and at that time when the proposal was before the Board, the permission for subdivision was given with the intent that this property in its entirety would be used as a Church and Church-related facility. The proposal now is to subdivide the property, retain one third with the existing building and parking lot, and the other area toward Magnolia Drive to be used as 3 building lots. I bring this up because there was a great deal of discussion at the time and there was an understanding at that time that the subdivision Would be approved under the interpretation that it would stay as Church property. That was a not a binding commitment and I don't know whether it is desirable or not to further divide this property, but the Board should recognize some of the issues which were raised in 1983. With that in mind the normal process would be to refer this matter to the Planning Board. Trustee Nardi - this came up about a year ago when there was discussion of a possible deed restriction. John Merritt - the congregation of St. Paul's had a meeting last Sunday and they have released them from the deed restrictions. Trustee Nardi - that may be one hurdle they have passed, but it was my recollection that there was a recommendation by the Planning Board in order to ensure that the property would be used for Church purposes only. Mayor Kabcenell - this is only for information purposed not for restraint, everyone should be aware of what the situation was in 1983. On the motion of Trustee Meiskin, seconded by Trustee Nardi, RESOLVED that the application for subdivision of property on Comly Avenue by the Anglican Church of the Advent be referred 0671-C to the Planning Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PROPOSED SUBDIVISION - Lundell Property, South Ridge Street. The Planning Board recommends preliminary approval of this proposal. However there are several issues to be raised, this proposal must be referred to Westchester County for their consideration. There is a letter from Kellard & Federico dated November 12th 1986, engineering and development consultants, in connection with a stormwater analysis. quote letter Bernard Klem, Planning Board - the unit count was approved to be held at 46 units. Mayor Kabcenell - I assume that it is the feeling of the Planning Board that if the County recommendation is consistent with what the private engineers and our own people do, that would be a sufficient study. Our next step is to wait for the County report, which I understand takes about a month, and our assurance that everyone agrees with the validity of that report. I would recommend that this matter be adjourned, and that we should schedule a Public Hearing, and out next meeting is December 23rd, which is during the Holidays, and we would like to give everyone a chance, and also we need time to get the report from the County, so we can schedule the Public Hearing for January 13th, at the Agenda Meeting, to not unduly burden the developer by waiting until the January regular meeting on the 27th. On the motion of Trustee Nardi, seconded by Trustee Cresenzi, RESOLVED that a Public Hearing be scheduled to consider the proposed subdivision of the Lundell property on South Ridge Street and Wyman Avenue. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE - Mayor Kabcenell voting AYE Mayor Kabcenell asked that the report of the Traffic 0671-D Kellard & Nov 14 r�r ■ Federico November 12, 1986 Village of Rye Brook 90 South Ridge Street Rye Brook, NY 10573 Attention: Mr. George Morrow, Village Administrator Re: Rye Brook Housing Ridge and Wyman Streets Dear Mr. Morrow: As per your request, we have reviewed the proposed stormwater analysis for the referenced project. Our review is based on field investigation and review of the following documents: 1. Reports by Charles H. Sells (not dated) : a) Blind Brook Watershed Maximum Runoff, ,b) Blind Brook-Hydraulic Analysis Index, c) On-Site-Preliminary Drainage 2. Plan and Profile titled, Rye Brook Housing, Village of Rye Brook, New York, "Conventional Layout Plans" not dated, prepared by Charles H. Sells. 3. Plan and Profile titled, Rye Brook Housing, Village of Rye Brook, New York, "Cluster Layout Plan" not dated. 4. Brook Sections 1-7 work sheet. Our comments are as follows: I. Concerning the proposed on-site stormwater system, the analysis and method for handling stormwater and retention seems adequate. We would reserve final approval of the on-site stormwater system subject to the final design relevant to the approved unit count and layout. 2. Concerning the proposal for placing fill within the floodway Of Blind Brook, we have the following comments: engineers and development consultants 359 Main St (914)241-1414 Mt.Kisco N.Y. 10549 0671-E Page Two Village of Rye Brook November 12, 1986 Historically, Blind Brook is subject to major flooding and has been designated as a flood prone area under the U.S. Department of Housing and Urban Development, Federal Insurance Administration. i Blind Brook has also been designated under the Westchester County Stream Control Ordinance and, therefore, any improvements or encroachments within one hundred feet of the stream must be approved by the Westchester County Department of Public Works. Due to Westchester County's jurisdiction, we met with Mr. Hugh Greechan of the Westchester County Department of Public Works concerning this project. He related to us that he is aware of this proposal and has preliminarily reviewed the stormwater management plan for this development. Mr. Greechan has suggested that a more acceptable method of analysis for flows thru Blind Brook would be the HEC-2 (Highway Engineering Circular 112 - Estimated Flood Discharges in Piedmont Plateau) Published by the Federal Highway Administratiot We concur that the HEC-2 analysis will reveal a more detailed Picture as to impacts to the immediately upstream neighborhood which is presently within the floodplain. We also concur that a more detailed analysis expanded both downstream and upstream will establish an accurate high water elevation to assess the impact of filling the subject property. The results of this more detailed analysis will afford the Planning Commission a valuable planning tool in consideration of this proposal, and its impacts on the neighboring residents. Due to the Westchester County jurisdiction, it would be inappropriate for Kellard and Federico to submit an opinion on the method used by Charles H. Sells to analyze the impacts of the proposed development on Blind Brook. However, we would be pleased to comment on any additional studies undertaken concerning the subject property and its impacts to the existing floodplain. 0671-F Page Three Village of Rye Brook November 12, 1986 We want to thank you for the opportunity to provide you with our consulting services, and should you have and questions or comments concerning this letter, please contact us at your earliest convenience. V t u s, Anthony F derico ec: Mr. Mark ten Eicken, Building Inspector AFF/mp 0671-G Commission and the Planning Board be available to everyone for the January 13th meeting. DISCUSSIONS & REPORTS. Report on Airport Master Plan Meeting held November 13th, 1986, by Trustee Meiskin. There was approximately 900 people present and the County presented its Master Plan for the Airport. We are on record as opposing any and all additions or improvements to the airport that will increase operations and bring in more traffic. There are organized groups fighting against expansion. The County takes the position that airport expansion and traffic will increase and that the airport will get busier. Unless people start standing up and gathering groups together and concentrate on getting their political elected officials to fight against it, we will have "La Guardia North" here in fifteen years. The airport doesn't belong in a residential area. Anyone interested to do something should call Dom Pierre, County Legislator. Report on Cable T.V. , by Trustee Zak. ,There is a company which is trying to take over the franchise, and what they are trying to do is have all the franchises expire at the same time, and they want us to extend our franchise until the 1991/2 time frame. At that time the proposal is to put in a 77 channel system with fiber optics. There is a public hearing at the Town Rooms on December 1st, because the Town actually has our franchise, and we are supposed to assume responsibility on December 10th and the State Cable commission saw no problem in having us assume this responsibility. There was further discussion, and , on the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that the Board of Trustees objects to the petition to transfer the stock of UA Columbia to T.C.I.on the ground that there was insufficient time to review the proposal and schedule a Public Hearing to hear the views of our residents with respect to the transfer, and FURTHER RESOLVED that the Board believes that there is insufficient information as to projected rates and public access to allow the Board to make a decision concerning a change in the franchise, and FURTHER RESOLVED that the Board reserves all rights to object to the petition and transfer on these and additional grounds. 0671-H Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE The Clerk was ordered to send certified copies of this resolution to UA Columbia Cablevision of Westchester Inc. , and to The New York State Commission on Cable Television, and the Rye Town Board. RESOLUTIONS. Check Register. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED that upon recommendation of the Treasurer, the issuance of Payroll Checks # 8617-8964, and combined check register checks # 6379-6562 and # 2849-2954 be approved. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Appointment of Assistant Building Inspector. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED that Mark Ten Eicken be appointed to the position of Assistant Building Inspector. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE LINCOLN AVENUE _ DEER RUN PROJECT. Ken Heller asked that the Board request the developer to make the walkway easement 15 feet wide for emergency access to the rear of the property. Mayor Kabcenell asked that the Assistant Building Inspector and he and the Planning-Board reflect on that suggestion and see if they want to make a recommendation to the Board. Ken Heller, as a second item, referred to a letter he had written concerning the storm drain, about which Clark Associates have no notes, and which is an open dirt ditch and I suggested that it be put underground in an enclosed pipe. 0671-I Mayor Kabcenell asked the Assistant Building Inspector to check into this also so that we would have information at the next meeting. RYE TOWN RYE BROOK RETIREES. Anthony Martinetti of 17 Highview Avenue, Rye Brook, a retiree, asked that a letter the retirees had received from the Rye Town Supervisor dated October 17th, and a response - . from the retirees dated November 1, 1986 be read into the minutes of the Village Board Meeting. insert letters here Mayor Kabcenell - it was our intent in the agreement with the Town of Rye to provide the retirees with the benefits to which they were entitled in accordance with the contract. They were not a party to this and they want to be a party to this. What we did was to try to find out who was covered and by whom, we were unable to do it. We had asked the Rye Town Comptroller to send us some information because we thought we were going to pick it up. We also asked the major insurance company, Chubb, the records were not very consistent. There is going to have to be review of the Town Records because they were carrying them at least until July, and some people seem to not be on the records since 1977. We would like to cooperate in any way we can to get this settled. In our negotiations with the Town we assumed an obligation to pay for the retirees under any of the union contracts consistent with the union contracts. Attorney Kramer - the medical premiums have been paid by the Village, for the same coverage as the Town of Rye, but we are -- not certain at this point whose names were included, but the premiums are the same. I met with the Supervisor this week and he is preparing the information. In the letter from the Supervisor, he separates Dental benefits, that has been a separate issue. Under the contractual agreements dental benefits were not to be paid to retirees. Therefore the Village of Rye Brook does not assume any obligation for that, that is separate from the medical and life insurance. It had been paid by the Town for whatever reason, we don't know, but that was not a contractual obligation and therefore we cannot assume an expense that was not in the contract. There was further discussion with various members of the audience and members of the Board. Mayor Kabcenell request that Board move into executive session to discuss personnel. The meeting was adjourned at 10 p.m. 0671 1 4p•NN OFR}f, OFFICE OF THE SUPERVISOR + + TOWN OF RYE S K 10 PEARL STREET PORT CHESTER.N.Y. 10573 C�fSiEP 19 1419393075 October 17,1986 DONALD B.GIOFFRE 6%C'MVISO" To: Retirees from the Town of Rye )m: RYE TOWN SUPERVISOR. DONALD B. GIOFFRE I MU DICAL AND LIFE INSURANCE BENEFITS I wanted to advise each of you that effective JULY 1,1986,• the ad- ministration of the Village of Rye Brook was obligated to assume the responsibility for your -Medical and Life Insurance Benefits. This responsibility also includes reimbursements to those eligible employees as it relates to MEDICARE, I am aware of the fact that you have not as yet, received the most recent reimbursement due to you for Medicare. My office has contacted the Village of Rye. Brook specifically addressing this situation. I have been assured that this matter will be handled expeditiously. Please be assured that althoughtheTown of Rye is no longer re- sponsible for administering the Medical and Life Insurance benefits due to you, we will continue to assist the Village of Rye Brook and all Of you throughout this period of transition by providing what- ever supportive and informational services within our ,power. I have made the necessary arrangements to have work sheets and the re- quired paper work on each 'retiree provided to the Village of Rye Brook in every effort to make this transition as easy as possible. I:I r- the matter of DENTAL BENEFITS, these payments will be made by Town of Rye until such time that an agreement with the Village tye Brook has been arrived at and fully agreed upon. I )urs has been a long-time and am}cable relationship throughout :he period of—your former association with the Town of Rye. It is ,y sincere hope that this friendship will continue through the oming years as you enjoy your well-earned retirementyears with 'Our families. .bove all, you have my personal assurance that the doors to the own of Rye will always be open should any of you have any problems r situations in which you require any additional information or ssistance. ot sincerely, 7NALD B. GIOFFRE YE TOWN SUPERVISOR � I