Loading...
HomeMy WebLinkAbout1984-12-18 - Board of Trustees Meeting Minutes 00043L MINUTES OF REGULAR MEETING HELD BY THE VILLAGE BOARD ON DECEMBER 18th 1984 at the Village Office, 111 South Eidge Street Rye Brook at 8 P.M. Present: Mayor Kabcenell, Trustees Meiskin, Barris, Nardi, Zak Treasurer Cortese, Attorney Kramer, Clerk Smith. Minutes of the September, October and November Meetings were accepted as presented. PUBLIC HEARING 5 Roanoke Avenue (Continued). Mayor Kabcenell — this hearing was adjourned from the December 11th meeting, because there was some question as to whether all of the neighbors had been notified. The issue is the subdivision of a piece of property, a question of moving a lot line and therefore the possibility of another house being built. William Holden, Attorney for the applicant — the property in question constituted two valid building lots, and the line is being moved to make the existing house comply, due to the addition of a porch which reduced the side lot line requirement. The Planning Board has recommended approval, it meets all the requirements. Neighbors opposed to the subdivision, complained that there was a lack of parking space in the area, and another house would reduce it further, particularly if cars backed out of the property to be developed. The developer has made the offer to provide four off—street parking _ spaces, and space for cars to turn around, so that vehicles can exit frontwards. Felix Fidelibus — the building plans for this property have been before the Architectural Board of Review. \„ , On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the application for subdivision of Block 22, Lots 39,5-6 be approved, with the condition that should Lots 39,1-4 be developed, there would be provision for four (4) off—street parking spaces and space for vehicles to turn around, enabling them to egress forwards and not backwards. Mayor Kabcenell — we have three choices — to approve, to disapprove, or table the motion for some reason. Georgia Kramer, Village Attorney — this Board has discretion — is it a legal building lot, what is the impact? Trustee Harris — I would like the opportunity to personally speak to members of the Planning Board, to find out whether they were aware of and considered, the impact of this subdivision. On the motion of Trustee Harris, seconded by Trustee Nardi, RESOLVED that this matter be tabled until the January 15 meeting. Mayor Kabcenell — discussion now related to the motion to table. Is it your(Trustee Harris)desire to talk to the Planning Board related to the fact of their awareness of the building plan. The building plans were not presented to the Planning Board, only the survey of the property. William Holden — this Board sent the application to the Planning Board and it is hard for me to believe that they made a determination without visiting the site. I think it is improper for this Board _ to now interject their thoughts into the Planning Board decision and get them to come back with a different type recommendation than they had originally given you. Trustee Meiskin asked Mr. Holden if there were people present at the Planning Board meeting, and if the question of impact came up at the meeting - the answer was that there were people present, but that the question did not come up. Trustee Meiskin asked if-It is possible that this group sitting here, have touched on a new piece of information that might be pertinent to the Planning Board. In response to a question for clarification from Trustee Zak, Mayor Kabcenell explained that the property was now one lot, it had formerly been two lots, and this was an application for a subdivision into two lots. William Holden - I think this Board fails to recognize the rights of certain people involved here. I have heard nothing really here tonight which should interfere with the granting of approval for this subdivision. Many of the points that have been brought up are going be treated later on, we have to consider the rights of other people. We have a buyer for the house who has a mortgage commitment requiring a closing by the end of December. You have another owner who has purchased a vacant lot, has had plans drawn and has a construction loan that has to be closed on certain date, and you are now saying come back on January 15th. You are putting two people in very prejudicial positions in today's economy. The issues which have been raised today can all be addressed after the approval. The very points that Mr. Harris and Mr. Nardi have raised can be handled by the Architectural Board of Review, the Building Inspector - we can't just go in there and do what we want to do. All we are asking this Board to do tonight is to approve and say these are two valid lots. We are not asking you to deal with parking, the positioning of the homes, inconvenience to people in the area, we are being inconvenienced. Any of these other points will be handled by other agencies in the Village, we need permits to do anything. The applicant has the onus of convincing the other agencies regarding permit applications. We have had Planning Board hearings, and two Public Hearing sessions with this Board. Trustee Nardi - if we approve the subdivision, we are in fact declaring that there is in fact a building lot, and I think the question before this Board is whether we want another building lot. Mr. Holden - this Board, in order to say that this is not a building lot would have to find that in some respect, it does not conform to zoning requirements, or that it raises a danger to public health, safety etc. I have not heard that, it is something that may be imagined. In response to a statement that tabling this motion would create a great deal of hardships, both personal and financial, to a great number of people, Mayor Kabcenell said that he has concern, however that is not an issue, we are not responsible for the fact that someone bought the property subject to subdivision. Trustee Nardi;- All the Planning Board does is to make a recommendation to us, if we have some question about it, it is our prerogative to go back and question their judgement. There are some new issues here tonight which have not come up before - the driveway, the barrier. I for one would not be able to vote for this tonight. I would want the opportunity to review this with the Planning Board and perhaps even the Architectural Board of Review for some expertise. Mayor Kabcenell - this is not a question of voting for or against, it is a motion to table the matter to the January 15th meeting. Attorney Kramer said she would like to be able to check the law to see the timing for the decision to be made - which is within sixty days from the Public Hearing. 0004V The vote on the motion to table the matter was as follows - Trustee Meiskin voting NAY Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE . Mayor Kabcenell voting NAY The vote was 3-2 in favor of tabling the matter until the January 15th meeting. Trustee Meiskin suggested that perhaps we could adjourn the hearing until January 8th, since we have an Agenda Meeting that night. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that the Public Hearing on the Lungariello Subdivision application be adjourned until the Agenda Meeting of January 8th, 1985, Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE COMMUNICATIONS ROYAL EXECUTIVE PARK PHASE 1B Mayor Kabcenell read the following letter into the record - The Honorable Jack Kabcenell and December 3, 1984 Members of the Board of Trustees Village of Rye Brook 111 South Ridge Street Rye Brook, New York 10580 - Re: Royal Executive Park - Phase 18 Dear Mayor Kabcenell and Members of the Board of Trustees: On December 22, 1981 an agreement was entered into among the principals of Royal Executive Park, the Town of Rye, the Town of Harrison and the Town of Greenwich. Pursuant to such agreement, the Town of Rye, prior to granting additional site .pian approvals on the Royal Executive Park site was required to make a finding that additional construction on the site would not result in undue congestion on the King Street/Anderson Hill Road traffic corridor. Although the Village of Rye Brook was not a signatory to the agreement and is not bound thereby and although there is no law requiring the same, on behalf of Royal Executive Park it is. requested that the Board of Trustees set forth in amend.the October 23, 1984 site plan resolution so as to include the language included which we would mrequeser t be adop81 ted eatnthe nextragenda meeting.oposed is Thank you for your cooperation. Very truly yours, Joel H. Sachs JHS:tm cc: Georgia Kramer, Esq. Village Attorney 000434 Mayor Kabcenell - I am not sure this is a statement we want to make. Trustee Meiskin - I have the same difficulty. Mayor Kabcenell - this might make us subject to an action. Trustee Harris - they are asking for a single statement, whereas we went much further in explaining our rationale. Mayor Kabcenell - we will deal with this as a matter of correspondence, if Mr. Sachs wants to make a presentation on the issue, he is welcome to do so. TAX MAPPING PROJECT TO UPGRADE THE MAPS. Our Assessor and the project director made a presentation to us on November 27th, and we asked Mr. George Morrow to review not only the process but the corporation that is proposing this. - r His report is as follows: TO: Mayor Kabcenell S Trustees FROM; George Morrow, Special Assistant to the Mayor DATE: December 18, 1984 SUBJECT; Computing Solutions, Inc. As directed by the Board, I contacted the City of Philadelphia and the City of Stamford regarding Computing Solutions, Inc. In Stamford, I discussed their contract and specifications with Mr. Stewart Slydlo, P.E. - Manager of LUIS (Land Use Information System) mapping project. Two and one-half years ago Stamford was in need of new engineering maps. Mr. Slydlo, who at the time was Capital Projects Manager, determined that the hard copy maps the Engineering Department and Planning Department needed were expensive and of very limited use. Under a government funded program, he searched the country for someone who he the technology to provide multi purpose maps created from a data base that would instantly provide.lnformation to a multitude of Municipal Departments. Over ten departments are now involved in the project. One by-product has been a great increase in cooperation between Municipal Departments and Agencies. Stanford Officials interviewed four (4) firms from all over the United States. In Mr. Slydlo's words, "Computing Solutions, Inc. came out head and shoulders above all others." The City Assessor is one of the departments involved in LUIS. New tax maps have been generated from the data base and are presently being continually updated as changes occur. According to Mr. Slydlo, the errors found and corrected in the Assessment files paid for the project. Stanford Officials now use LUIS in Planning, Zoning, Traffic, Fire, Sanitation, Highway, Engineering, and Water and Sewer Departments as well as the Assessors Office. Computing Solutions, Inc. is also doing a study of their Data Processing Department in order to effect an upgrading. They are very satisfied with Computing Solutions, Inc. and feel that they have obtained "real results, and good production". "The Computing Solutions people involved are very professional and have the expertise and technology necessary to carry out the project", according to Mr. Slydlo. In the Managing Directors Office of the City of Philadelphia, I discussed Computing Solutions with John Hadalski. Philadelphia has had a contract with Computing Solutions since June of 1982. This contract has been amended at least twice to- have Computing Solutions provide additional service. ' - Prior to the current contract, they had Mr. Charles Kogan, President of Computing Solutions, as a consultant do a study for the City Planning Commission. Mr. Kogan had been selected because, "He has specific expertise that is difficult to find but very necessary for the interfacing of Data Processing, mapping, and Municipal Government functions." - Among the three projects presently being conducted by Computing Solutions for Philadelphia in a parcel base mapping project and a Water Department facility study. According to Mr. Hadalski, the service and support provided by Computing Solutions is excellent. They have the expertise to perform very specialized work and are accomodating and very capable and professional. On the motion of Trustee Harris, seconded by Trustee Zak, WHEREAS, the Town of Rye has determined that existing tax maps are inadequate for purposes of equitable tax assessment, and WHEREAS, the Town of Rye by contract provides property tax assessment and tax billing and collection services to the Village of Port Chester and the Village of Rye Brook, and WHEREAS, the Village Board of Trustees have met and reviewed the proposal to obtain bids for services in connection with the preparation of new tax maps, and WHEREAS, the Town of Rye has indicated the estimated cost of the new maps to be a maximum of $90 per parcel, and WHEREAS, the Town has received a resolution stating that the Village of Port Chester support the project, and WHEREAS, the Town Board of the Town of Rye has requested that the Village of Rye Brook advise them of. their support for undertaking this project, NOW, THEREFORE BE IT RESOLVED THAT the Village of Rye Brook supports the project by the Town of Rye undertaking to replace the tax maps for the entire Town of Rye, including the Village of Port Chester and excluding only that portion of the Town in the incorporated area of the Village of Mamaroneck, and FURTHER BE IT RESOLVED THAT the Village of Rye Brook shall choose the menu of items to be included in their portion of the project, and FURTHER BE IT RESOLVED THAT the Village have direct access to the data bank by computer terminal, and FURTHER BE IT RESOLVED THAT the contract be subject to review by the Village of Rye Brook and that the Mayor of Rye Brook be a signer of the contract, and FURTHER BE IT RESOLVED THAT the Village of Rye Brook will cooperate with the Town in seeking legislation to enable the Town to charge the Village its share of the project cost by creating a special district for the purpose Of levying this charge. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 000436 REPORTS - WATER RATE CASE. Trustee Harris reported, copy of his report is on file in the Village office. BLIND BROOK SANITARY SEWER DISTRICT. Trustee Harris reported, copy of his report is on file in the - Village office. - - REPORTS - FIRE COMMITTEE. Mayor Kabcenell - an update is not available at this time, meetings will be taking place, and as soon as we have the report, we will reschedule. PLANNING BOARD - REFERRALS Roanoke Avenue - Cluster housing proposal - Romanello/Larrizza. Block 22 4AG Lots 41-44. FAMILY SERVICE OF WESTCHESTER. On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that the Mayor be authorized to sign the renewal of the contract with the Family Service of Westchester Inc. to cdntinue the Youth Service Programs, for one year commencing January 1, 1985. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PRISONER TRANSPORTATION. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the Mayor be authorized to enter to sign the agreement with the County Westchester for reimbursement of the cost of prisoner transportation. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE GREENWICH NURSING HOME- KING STREET FACILITY. Mayor Kabcenell read the following letter from Bruno Gioffre, Attorney for the developer, in to the record. RE. Nursing Home Facility at King Street and Lincoln Avenue in Rye Brook, New York Gentlemen: The nursing home facility proposed to be constructed In the Town of Greenwich and fronting on King Street in the Village of Rye Brook, opposite Lincoln Avenue In the Village of Rye Brook, has now reached the stage where the necessary requirements of the New York State Environmental Conservation Law must be met. Specifically, at a "scoping session" recently held at the County Office Building in White Plains, the numerous and affected County of Westchester agencies indicated their agreement to permit the Village of.Rye Brook to serve and to designate itself as lead agency for the purpose of Article VIII of the New York State Conservation Law and Part 617 NYCRR regarding the construction and installation of a sanitary sewer line to be connected to the Westchester County Sewer System,located in the Village of Rye Brook. As you are aware, the proposed sanitary sewer line will service the convalescent nursing home facility which has been designed to furnish skilled care and intermediate nursing care to approximately 150 persons. Itis my understanding that the Village of Rye Brook has consented to accept such designation and the purpose of this letter, therefore, Is to request that you now implement such determination so that the appropriate notices may be sent out and the appropriate determination, hopefully, of "no adverse impact" may be established. Your courtesy and cooperation in taking such action at this time will be appreciated. Very truly yours, GIOF11RE do GIOFFRE, P.C. Bruno T:Gioffre BJG:dm Mayor Kabcenell — the County would like us to do this to establish a basis for any further applications for connection to the County Sewer. It is really a request for us to declare ourselves Lead Agency. On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that the Village of Rye Brook designate itself as lead agency for the purpose of Article VIII of the New York State Conservation Law and Part 617 NYCRR regarding the construction and installation of a sanitary sewer line to be connected to the Westchester County Sewer System, located in the Village of Rye Brook. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE VILLAGE OFFICE. On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that the Mayor be authorized to enter into an agreement with William Milo Barnum Associates Inc., Architects to provide complete working drawings and specifications for the necessary interior work for the Village offices, and BE IT FURTHER RESOLVED that the payment for this work be based on project hours with an upset limit equivalent to 12 percent of the cost of the project. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE _ Trustee Zak voting AYE Mayor Kabcenell voting AYE IBM — APPLICATION FOR INSTALLATION OF FENCE. IBM has submitted a site plan for the installation of a security fence on two sides of their property at 900 King Street. The fence would be approximately 8'-0" in height. The Village Law provides that no fence shall exceed four (4) feet in any front or side yard or six (6) feet in any rear yard. Attorney Kramer — the Zoning Board of Appeals would decide the variance, the Village Board has site plan approval on commercial developments. They are applying for site plan approval and a variance. The application is referred to the Zoning Board of Appeals, and the Homeowners Association at the Arbors, and neighbors on King Street should be notified of the meeting date and time. (J00438 BETSY BROWN ASSOCIATES• The Planning Board at its December 6th meeting, requested the applicant to reimburse the Village for the cost of a drainage consultant, and recommends that the Village retain such consultant. On the motion of Trustee Nardi, seconded by Trustee Harris, RESOLVED that Betsy Brown Associates provide the cost of the consultant to be hired by the Village in connection with the property on Betsy Brown Road, in an amount of $3,000 or the amount of the highest bid, to be held in escrow, and FURTHER RESOLVED that the Village shall hire such consultant to provide a drainage report on said property, with recommendations. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE GOVERNMENTAL STRUCTURE. Trustee Meiskin — I am looking for this Board to search out those experts in governmental structure to give us guidance as to the difference between the form of government we have now, Mayor and four Trustees, operating as officers of the Village, or would a Village Manager form of government stand us in better stead, and what are the differences, and which way should we go. Mayor Kabcenell — perhaps Pace (Governmental Studies Department) would have some.information available. The Mayor asked to move into executive session, for ashort meeting dealing with contract negotiations. The meeting was adjourned at 10.25 p.m.