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HomeMy WebLinkAbout1982-12-09 - Board of Trustees Meeting Minutes a`3 SPECIAL MEETING HELD DECEMBER 9th, 1.982, FOR A PUBLIC HEARING ON THE OMNITEL REZONING REQUEST, HELD IN THE VILLAGE OFFICE, 380 NORTH RIDGE STREET, RYE BROOK, NEW '.. YORK 10573, AT 8:00 P.M. Present: Mayor Kabcenell Trustee Meiskin Trustee Nardi Trustee Harris Trustee Zak Attorney Kramer On the motion of Trustee Harris, seconded by Trustee Nardi, -. Proposed Local Law No. 2 - 1982, Zoning Amendment, AND Proposed Local Law No. 3 - 1982, Proposed Amendment to the Zoning Map of the Town of Rye, were read, copies of which are annexed hereto. Mayor Kabcenell introduced Michael Savignol and Remy Mayor of Omnitel, and Joseph Fuller, Architect for D'Angelo. They propose to build a luxury Inn. They have a contract to purchase land from the Blind Brook Country Club. Of the 15 1/2 acres, one acre at the southerly end will have a manger's house in the present R20 zone. The frontage on King Street is in Greenwich, and is zoned one acre. Machael Savignol thanked the Board for the special hearing. He stated that they are Innkeepers and they will build a Luxury Inn not to be used for conventions or seminars. There will be 112 units, one restaurant, one bar, one room for high tea. They are alsoplanningto change the pro- posed name from La Reserve in order to avoid confusion with White Plains La Reserve. Joseph Fuller, architect, gave a brief description of the plans. Separate entrances for Inn and Restaurant. Parking will be on Anderson Hill and King Street, near the roads. Rest of the hotel will be near the golf course. There will be a three story atrium with rooms around it, an indoor/outdoor swimming pool with Mediterranean architecture, (which must include character) , and they are using similar architecture to the Blind Brook Country Club to blend. There will be indoor/outdoor dining. Mayor Kabcenell stated that the Environmental Impact hearings have already been heard by the Town Board as lead agency. Bernhard Klem questioned the design, perhaps not being in keeping with other parts of the Village, namely the red tile roof and white stucco. Mayor Kabcenell said this would be part of site planning and design and would be submitted to the Planning Board and the Architectural Board of Review. J. J. Lawrence questioned the 10`,f land donation to the Village by the developer, or the equivalent in cash. Mayor Kabcenell stated that this has not yet been re- solved. Joel Sachs, attorney for Royal Executive Park, read the following statement: STATEMENT ON BEHALF OF ROYAL EXECUTIVE PARK IN REGARD TO THE PROPOSED REZONING OF LA RESERVE SITE My name Is Joel H. Sachs a member of the law firm of Plunkett do Jaffe, P.C. attorneys for Royal Executive Park.•Our clients, Largo/London h Leeds are presently constructing the first phase of our office park on upper King Street in the Village of Rye Brook. Since this is our first formal appearance before the Village Board, we wish to extend our best of luck to you and wish to pledge our support and Cooperation in your future endeavors. As far as the La Reserve project is concerned, we feel that it is an excellent project which will compliment our development and the Citicorp development on upper King Street. However, we do have certain concerns related to the rezoning which we would like to.bring before the Village Board. On September 14, 1982 I attended a meeting of the Town Board of the Town of I Rye which discussed the Draft Environmental Impact Statement prepared for the proposed La Reserve hotel project as well as the rezoning request. At such time 1 - submitted a statement to the Town Board which expressed our concern about the traffic analysis prepared on behalf of La Reserve as well as the failure of the La Reserve site plan to show a road through the property, on the New York side of the state boundary, which would relieve any traffic congestion on King Street and Anderson Hill Road. A copy of my September 14, 1982 statement is annexed hereto. Further, and as I believe this Board Is aware,on or about October 15, 1982 Peter Eschweiler, the Commissioner of Planning of Westchester County directed a letter to the Supervisor of the Town of Rye concurring with the statements set forth in my September 14, 1982 statement to the Town Board of the Town of Rye. in such letter, a copy of which is also attached hereto, the Commissioner of Planning Indicated that Westchester County was distrubed by La Reserve's attitude towards a future road through their property on the New York side of the border. Such letter stated that for the La Reserve site plan to show a proposed road on the Connecticut side of the border would be misleading and self-serving in that such road alignment would not be feasible and consistent with a potential roadway link to Interstate 684. Thus, indicated the County, the La Reserve road proposal was not a viable alternative and was an impractical one. The Commissioner of Planning concluded that no site plan for the La Reserve project should be approved unless provision is made for the road being totally located within the State of New York. Therefore, in voicing our approval of the La Reserve rezoning request, we feel that any such rezoning should be made conditional upon the applicant putting in any site plan a proposed road through Its property on the New York side of the border. Let me say that neither Royal Executive Park, nor Citicorp was enthused about having a , road cut through their property either. Yet, we were both required to do so by the Town of Rye and Westchester County in the interest of traffic improvement. In reviewing the La Reserve site plan, our consultants have advised us that the proposed through road can be located on the New York side of the La Reserve property without any detrimental effect on the hotel, the adjacent landscaped area and parking area. Thus, the placement of this road In such location is a small price to pay in order (Pleas Use this Forth for Filing your Local Law with the Secretary of State) Text of law should he given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate now matter. ..r„ f£uwx Rye Brook, New York l'df.�@C o ............................................................................................................................ Village Local Law No...2...................................................of the year 19$2...... H-1 Hotel District Alocal law............................................................4...i............................................................................................................... u .nnn.l Be it enacted by the .... ...._...._.Hoard of Trustees .............................................of the ............................................................................ tn...a wr.t.o..e.+.> 7Comm )XWX of................RXe..Hroo k.............,..................................................................................................... as follows: Village _ that the following amendment to the Zoning Ordinance of the } Town of Rye, Section 66-33 H, with respect to property within the Village of Rye Brook, is hereby adopted. 66-33. 11-1 Hotel District (Added 12-15-70). Hotels are subject to the following standards and conditions: A. Definition. Hotel — A building or buildings or portion thereof containing rooms occupied primarily by transient guests who are lodged with or without meals, which rooms have primary access from public halls and in which there are certain public rooms and meeting rooms and in which are provided such services as are incidental to the use thereof. B. Use. Use of a Hotel site, and 'buildings or structures thereon shall be limited to the usual hotel activities and accessory uses incidental to the operation of a hotel and of the same general character, provided that all accessory uses shall be planned as an integral part of the hotel and located on the same site as therewith. The issuance of a building permit for a hotel shall be predicated upon site plan approval by the Village Board. ti C. Hotel rooms. (1) Each sleeping room shall have an area, inclusive of bathroom and closet, of at least two hundred twenty—five (225) square feet. (2) No sleeping rooms shall contain cooking facilities. Wlf additional space is needed please attach sheets of the same size as this and number each)"" Page 1 — 1 D. Site. (1) The developer or holder of the fee shall deed in fee simple to the Village, ten percent (1O%) of the total acreage to be subdivided, for recreational ' use by the Village. Alternatively, at the option of the Village Board, such developer or holder shall pay a recreation fee pursuant to Village Law Section 7-730, in an amount to be determined by the Board of Trustees. (2) The minimum site for a hotel and accessory buildings shall consist of ten (10) acres. (3) The site shall have frontage of at least four hundred (400) feet on a state highway or county road. E. Coverage. (1) The total coverage of a hotel and accessory buildings shall be not more than twelve percent (12%) of the site. (2) There shall be no more than thirteen (13) sleeping rooms per acre. (3) Gross floor area ratio shall not exceed twenty-five percent (25%)• (4) Where a single site contains land in both this municipality and in an adjacent municipality, with a majority of the land in the former, and the owner of the site will, as a condition of approval of the site plan, bind himself, his heirs and his assigns whether voluntary or involuntary by a written covenant running with the land providing that no change in the site plan will be made without the approval of the legislative body of this municipality, whether or not the change is proposed for the land in this municipality or the land outside this municipality, then, in that event, the Board of Trustees, may, in its discretion, compute any or all bulk, height, room count, coverage, minimum lot size, set-back or other dimensional limitations or requirements for the site by taking the single site as a whole, without regard to municipal boundaries. F. Setbacks. Buildings should be set back at least one hundred feet (100 ft) from street lines, seventy- five feet (75ft) from all other property lines, and one hundred and seventy five feet (175ft) from any property line of a property in residential use. Furthermore, where the site consists of twenty (20) acres or more, buildings shall be set back one hundred and seventy- five feet (175ft) from all property lines. G. Building Height. No building shall be more than three (3) stories in height, except that on a site of at least twenty (20) acres, no building shall be more than four (4) stories in height and in no event more than. forty (40) feet in height measured from the average grade to the eaves. In the event that a building is constructed with a pitched roof, the height of the { ridge line or the highest point of the building measured from the average grade shall not be more than forty-five (45) feet. H. Off-street parking and loading space. Off-street parking, loading and unloading space shall be required as follows: (1) One (1) space for each guest room. (2) One (1) space for every three (3) employees. (3) One (1) space for every four (4) seats in permanent dining rooms. Page 1 - 2 (G) one (1) space per one hundred (100) square feet devoted to assembly or conference rooms which may be used for dispensing food or drink. c (5) One (1) space per three hundred (300) square feet of floor area devoted to retail use. (6) The total minimum of parking spaces shall be eighty percent (80%) of the sum of the spaces required in Subsection N (1) through (5) abovet ! but in no event less than one (1) space for i every guest room. tr�r I. Roads and parking areas. (1) No parking spaces shall be located closer than seventy—five feet (75ft) to any property line, and one hundred feet (100ft) to any property line of a property in residential use. (2) Roads shall not be less than one hundred feet (100ft) from property lines except where necessary to allow access on a street. (3) Each parking unit and its access passageways, driveways, turning areas and paths shall be surfaced in accordance with village regulations. (4) Access and service roads shall be properly related to public streets and highways so as to insure safety conditions. J. Planting. A detailed specific planting plan to buffer adjoining properties shall be submitted to the Planning Board for approval. The area between the parking areas and any streets shall be improved with such walls, fences, earth berms and plantings as will achieve complete visual screening of the parking areas. K. Signs. (1) Freestanding highway signs will only be permitted adjacent to state highways or county roads. Such signs shall have not more than a maximum of one hundred (100) square feet, shall not exceed fifteen (15) feet in height and shall be set back a minimum of ten (10) feet from the street line and, on a site of at least twenty (20) acres, not less than one hundred fifty (150) feet from the property line. (2) Signs may be illuminated, but no sign will be permitted which has blinking or moving lights or moving parts or which will interfere with traffic control devices. (3) All signs shall require approval as to design, construction materials and message by the Architectural Board of Review. L. Exterior Lighting. Exterior lighting or other illumination shall be permitted, provided the light source shall be shielded from any adjacent residence 1, district or public street. M. Effective Bate. This amendment to the Zoning Ordinance shall become effective as provided by Village Law Section 7-706. Page 1 — 3 (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. PsXsYlrf� . ' jRye Brook, New York }SAfIX of............................................................................................................................ Village Local Lew No...3........................_...........................of the year 19 6.2....... A local law ............................Hotel Zone ............................................................................... ....................................................................... Ilrst utl.l Board of Trustees Be „,,,,,,,,,,,of the eit enacted by the .....................................I.............................................._.............................I........ s...d Lyt.Ini..twarl 6 � R e Hrook ............................... as follows: Pastiesof............................Y....,....................................................................................... Village WHEREAS the Board of Trustees of the Village of Rye Brook y has given consideration to all of the information, comments and responses of the Environmental Impact Statement, and WHEREAS the Hoard of Trustees now finds that the requirements of 6 NYCRR Part 617 have been met, and WHEREAS, consistent with social, economic, and other essential considerations from among the reasonable alternatives thereto, the action to be approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the Environmental Impact Statement, and WHEREAS, consistent with social, economic and other considerations, to the maximum extent practicable, adverse environmental effects revealed in the Environmental Impact Statement process can be minimized or avoided by incorporating as conditions of site plan approval those conditions which are found necessary to minimize adverse environmental effects, and WHEREAS, the Board of Trustees has relied on the following facts and conclusions in the Environmental Impact Statement: 1. The proposed land site is not a unique ecological wildlife area. 2. A buffer of existing vegetation supplemented by new planting will be retained along the perimeter of the property. Large specimen trees will be preserved wherever possible. 3. There will be additional traffic generated by La Reserve but it will be generated in predominantly off—peak hours. p(If additional apace is needed please attach sheets of the same si>e as this and number each)'” Page 1 4. There will be a substantial increase in stormwater run-off. The site plan has been designed to include several ponds which will function as stormwater retention areas. 5. Impacts on air quality and noise resulting, primarily from an increase in traffic are expected to be minimal. 6. There will be short term impacts commonly associated with construction activities such as clearing of vegetation, increased run-off, soil erosion, noise, Ka dust and a change in the visual character and quality of the site. WHEREAS, in making its determination this Board finds that the following social, economic and other factors and standards . formed the basis for this decision: 1. The proposal is in accordance with the concepts,of the Master Plan as amended. 2. Since the site is presently zoned to permit residential development, a zoning change from R-20 to H-1 would be required to permit the proposed use. However, the proposed use would be compatible with other nearby development. 3. The development will generate additional tax revenues. 4. The development will creat additional jobs. NOW, THEREFORE, BE IT RESOLVED that the Village Board does hereby approve of the application of Omnitel Inc. to rezone the subaa'ect property (known and designated as Sec. 1, Block 4, Hsi Lots 5t6 and all but the southerly 125' of lot 7A of the Town of Rye/ to H-1 (Hotel Zone). Page 1 A 25 to ensure that the Village of Rye Brook as welt as other surrounding communities are " working towards an acceptable solution to the overall traffic problems which may exist in the future in the King Street cooridor. Mr. Puller felt that a road would not be feasible, and that ..- Peter Eschweiler acknowledged that alternatives are better. Walter Lipman felt that the need for a road was remote, and that the concern is a question of a stacking lane for a right hand turn from Anderson hill Road on to King Street and thought that (his would be practical and save thousands of dollars . Ken Meller said he would be in favor of La Reserve and would not like to see a road cutting through it. Joel Sachs felt that the road would not be so difficult to incorporate in the design, and John Kirkpatrick, attorney for Omnitel stated that they wanted to cooperate and will discuss all alternatives as the site plan is developed. Walter Niles disagreed with Joel Sachs and stated he didn't think it would be oasy, and perhaps a plastic overlay would be helpful. Viola Nelson of Loch Lane, thought Omnitel made a very good presentation, and in view of the difficult economic times, let us welcome them. Ken Heller of Loncoln Avenue felt that the turning lane is the solution. Mayor .Kabcenell stated that the Planning Board has the purview to approve, and they will decide what is best. Ilariiet Halsey of Winding Wood Road felt that since Omnitel is being cooperative in connection with traffic we should let the Planning Board make decisions. " George Roy of King Street felt that the project should be held in abeyance, that there was not enough space, and we are being defined by what Blind Brook Country Club wants to do - why can't they give them more acreage for the project. With Royal. Executive Park and Arrowwood, we have no idea how much traffic will be generated. Right now it :is impossible to get into Blind Brook Iligh School, the Atrium or the Arbors in the morning. Ile thinks Arrowwood-is great, but is not so sure about. General Foods and Royal Executive Park. Ile thinks it is too ambitious a project for the size of the land. With other developments, this one ,is just a drop in the bucket as far as taxes accruing to the village - maybe we don't need another project. Maybe we should leave it residential, we need kids for the school. Mrs. Nelson commented that perhaps we should tell. Royal Executive _ Park to hold on the other two stages, but felt we should approve Omni tel. Local Laws No. 2 - 1982 and No. 3 - 1982 as annexed hereto - �1��+ Trustee Me iskin voting AYE � Trustee Nardi voting AYE Trustee Harris voting AYE Trusteo Zak voting AYE ,/V jL1 Mayor Kabcenell voting AYE The Mayor pointed out that although the Rye Town Board was the lead agency, it is necessary for the Village Board to make its own determinations on the EIS. Michael. Savignol thanked everyone present and expressed his intention of being a good neighbor. AGENDA MEETING HELD ON DECEMBER 9, 1982, FOLLOWING THE PUBLIC HEARING ON MONITILL REZONING REQUEST. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Clerk Smith, Mayor Kabcenell suggested the following items be placed on the agenda for the next regular meeting to be held on December 28th, 1982 in the Rye Ridge Meeting room at 8 PM. _ 1. Appointment of Zoning Board of Appeals 2. Appointment of Architectural Board of Review. 3. Appointment of Village Auditor. 4. Approval of Rules of order. Reports from Treasurer, and Highway Superintendent regarding signs. Mrs. Halsey of Winding Wood Road raised the question of the newspaper report regarding transfer of property from Town of Rye to Village. Mayor Kabcenell stated that there was no correspondence, that citations were given to the Town Board for transferral of the property, and how it should be worded, but the attorneys will propose how it should be transferred. It belongs to the same people who paid for it. A local law will have to be enacted to clarify that property paid for by the residents now belongs to the Village of Rye Brook, which is the same people who paid for it. Capital items are recreation property and highway department equipment. Ken Meller of Lincoln Avenue brought up the question of Tax refunds in connection with railroad property, that because of such late notification, people in District 4 were going to be doubly hit. Mayor Kabcenell stated that this was not - under our control, all items in the budget arc from present or past Town Boards, and that everything happening now, in District 4 and the Village of Rye Brook is the result of deficit financing. lie believed that the same distribution of Federal Revenue Sharing Funds would have been made whether we were a Village or not. The meeting was adjourned at 9. 35 pm.