HomeMy WebLinkAbout1988-01-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
REGULAR MEETING
JANUARY 26, 1988
8:00 P.M.
PUBLIC HEARINGS
1. Enabling Legislation to enact §7-738 of the Village Law
2. Rye Ridge Shopping Center/Merritt & Holby - Rezoning Approval
and Preliminary Site Plan Approval
3. The Establishment of Regulations for Controlling Lot Coverage
4. Kiewit Industrial
PLANNING BOARD REFERRAL:
5. 211 South Ridge Street - Larizza
RESOLUTIONS/DISCUSSION
6. Traffic Commission - Signage in Rye Acres
7 . Request of Scarsdale/White Plains Hospital Auxiliary
to hold a Fund Raising Event at the Rye Town Hilton
8. Grievance Day Resolution (2/16/88)
9. Election Day Procedures / Registration Day Resolutions
10. Posillipo Center - Lifting the Moratorium on Use
11. Retiree' s Benefits - Amendment to Agreement of 3/13/84
APPOINTMENTS/AUTHORIZATION
12. Westchester Shore Humane Society Agreement
13. Check Register Authorization
14. Westerlei.gh Court - Dedication of Road (Iorio Subdivision)
15. Personnel Matters
APPROVAL OF MINUTES
16. December 8, 1987
17. January 12, 1988
NEXT MEETING DATES
February 09, 1988 Agenda Meeting
February 16, 1988 Grievance Day/Executive Meeting
February 23, 1988 Regular Meeting
Rye Brook Village Offices are Handicapped Accessible
00007..E
MINUTES OF A REGULAR MEETING OF
THE BOARD OF TRUSTEES OF THE
VILLAGE OF RYE BROOK, HELD ON THE
26th DAY OF JANUARY, 1988 IN THE
VILLAGE OFFICES, 90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
CONVENE MEETING
The regular meeting of the Village Board was called to order by
Mayor Kabcenell at 8:05 P.M. ; the Pledge of Allegiance followed.
Present were the following members of the Board:
Mayor Jack L. Kabcenell
Trustee Milton Meiskin
Trustee Mario J. Nardi
Trustee Salvatore Cresenzi
Trustee Frank Filipowski
Also present were:
Christopher J. Russo, Village Administrator
Georgia Kramer, Village Attorney
Rocco V. Circosta, Director of Public Works
Joseph Cortese, Village Treasurer
Frank P. Sesta, Village Accountant
Jean A. Marra, Deputy Village Clerk
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January 26, 1988
PUBLIC HEARINGS
1. Enabling Legislation to enact §7-738 of the Village Law
by adopting proposed Local Law #1 - 1988
On motion by Trustee Cresenzi, seconded by Trustee Meiskin, it
was unanimously
RESOLVED, that the Public Hearings be,
and they hereby are, declared open.
Following Mayor Kabcenell's presentation of proposed Local Law
#1 - 1988, Trustee Meiskin stressed that this would allow the
Village to preserve green space.
A speaker asked for a definition of cluster zoning to which the
Mayor replied that particular word was not used; it's referred
to as "development design" such as attached, semi-attached, etc.
Mr. Michael Weiner, the Planning Consultant for the Rye Brook
project next to the Rye Town Hilton, stated that other factors
should be considered besides lot count alone. Floor area ratio,
the total amount of square footage, density control, environ-
mental analysis, alternative approaches, and the physical impact
are other aspects which should be addressed as well, he offered.
Milton Berner, the attorney representing the same client, asked
whether the Planning Board had had the opportunity to make any
recommendations regarding how they felt about the legislation,
to which Mayor Kabcenell responded that they had. He added that
this only gave the Village the opportunity (to select cluster
zoning) ; it did not mandate anything.
In answer to another question raised by Mr. Berner, Trustee
Meiskin replied that while it ('the Rye Town Hilton project) may
have triggered this legislation, it was not the reason this
proposal was being considered. He added that he felt this
legislation should be in the Village ordinances.
All development is looked at on a case-by-case basis, Trustee
Cresenzi conveyed, and it will enable development to take place
in an orderly manner. If clustering looks better, it will be
the Village's option to impose it.
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January 26, 1988
Mr. Herb Adler, Planning Board Chairman, reported that this
matter was referred to the Planning Board and he stated that the
Planning Board would like to see the legislation enacted to give
the Village options. He then added that floor area ratio was an
important aspect as well, and Mayor Kabcenell stated that matter
will be addressed in the very near future.
Following Mr. Adler's explanation of floor area ratio, on motion
by Trustee Nardi, seconded by Trustee Meiskin, with a unanimous
vote of the Board, the following resolution was adopted:
WHEREAS, this Board has met on this date,
at the time and place specified in the
notice of Public Hearing to consider the
adoption of proposed Local Law No. 1-1988
and has heard all persons desiring to be
heard thereon;
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 1 of 1988 entitled
"Amendment to Subdivision Regulations of
the Village of Rye Brook" and order that
said Local Law, as so adopted, be herein
inserted and made a part of the minutes
of this meeting:
VILLAGE OF RYE BROOK
LOCAL LAW #1 - 1988
A Local Law Entitled
AMENDMENT TO SUBDIVISION REGULATIONS
OF THE VILLAGE OF RYE BROOK
BE IT ENACTED, by the Board of Trustees of the
Village of Rye Brook, as follows:
I. PURPOSE:
The purpose of this local law is to amend Local Law #3 -
1985, known as Subdivision Regulations, as follows:
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January 26, 1988
II. SECTION 1.5
Where the Board of Trustees finds that, because of the
special circumstances of a particular case, extraordinary
hardship may result from strict compliance with these
Regulations, it may modify the Regulations so that
substantial justice may be done and the public interest
secured provided, that any such modification shall be
consistent with the spirit and intent of these Regulations,
all Village Laws, and the Official Map.
Similarly, pursuant to the provisions of Section 7-738 of
the Village Law and for purposes of enabling and encouraging
flexibility of design and development of land in such a
manner as to promote the most appropriate use of land; to
facilitate the adequate and economical provisions of streets
and utilities; and to preserve the natural and scenic
qualities of open lands, the Board of Trustees is hereby
authorized to approve or require the modification of
applicable provisions of this law as well as the provisions
of the Village Zoning Law subject to the conditions herein-
after set forth and any such other reasonable conditions as
the Board of Trustees may in its discretion add thereto.
1.51 This procedure may be followed at the discretion of
the Board of Trustees if, in said Board's judgment,
its application would benefit the Village.
1.52 This procedure may be applied in all single-family
residential zones to properties equal or greater
than three (3) times the minimum lot size of the
particular district within which the land is
located.
1.53 This procedure shall be applicable only to lands
zoned for single-family residential purposes and its
application shall result in a permitted number of
dwelling units which shall in no case exceed the
number which could be permitted in the judgment of
the Board of Trustees, if the land were subdivided
into lots conforming to the minimum lot size and
density requirements of the zoning applicable to the
district or districts in which said land is situated
and confirming to all other applicable requirements.
1.54 The dwelling units permitted may be, at the
discretion of the Board of Trustees and subject to
the conditions set forth by the Board of Trustees,
in detached, semi-detached, or attached, or multi-
story structures.
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January 26, 1988
1.55 In the event that the application of this procedure
results in a plat showing lands available for park•,
recreation, open space, or other municipal purposes
directly related to the plat, then the Board of
Trustees, as a condition of plat approval, may
establish such conditions on the ownership, use,
and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their
intended purposes. The Board of. Trustees may
require that such conditions shall be approved by
the Board of Trustees before the plat may be
approved for filing.
1.56 The proposed site plan, including areas within
which structures may be located, the height and
spacing of buildings, open space and their
landscaping, off-street open and enclosed parking
spaces, and streets, driveways and all other
physical features as shown on said plan or
otherwise described, accompanied by a statement
setting forth the nature of such modifications,
changes, or supplementations of existing zoning
provisions as are not shown on said site plan,
shall be subject to review at the public hearing
held pursuant to the public hearings normally held
in the process of subdivision approval.
1.57 On the filing of the plat in the Office of the
County Clerk or register, a copy shall be filed
with the Village Clerk and the Village Engineer.
The Village Clerk shall make appropriate notations
and references thereto in the Village Zoning Law or
map.
1.58 In permitting any such modification, the Board of
Trustees shall attach such conditions as are, in
its judgment, necessary to secure substantially the
objectives of the standard or requirement so
modified.
III. EFFECTIVE DATE
This local law shall become effective immediately upon
filing with the Secretary of State.
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January 26, 1988
2. Rye Ridge Shopping Center/Merritt & Holby -
Rezoning Approval and Preliminary Site Plan Approval
On motion by Trustee Meiskin, seconded by Trustee Filipowski,
with a unanimous vote of the Board, it was
RESOLVED, that the Village Clerk is
hereby directed to see that notices are
sent out to residents within 500 feet of
the proposed application in order that
the Public Hearing may be held on
February 23, 1988, at 8:00 P.M. in the
Village Offices.
3. The Establishment of Regulations for Controlling Lot Coverage
Pursuant to a request made by Mr. Bernie Klem of the Planning
Board, Mayor Kabcenell stated that if they (the Planning Board)
were not comfortable with addressing this issue now, it could be
adjourned for a month.
Following a brief discussion, on motion by Trustee Nardi,
seconded by Trustee Meiskin, with a unanimous vote of the Board,
it was
RESOLVED, that the Public Hearing on
Establishing Regulations for Controlling
Lot Coverage be, and it hereby is,
adjourned to February 23, 1988.
4. Kiewit Industrial
This request (for use of the Village's right-of-way to install a
fiber-optic cable to be owned and maintained by IBM Corp. for
the integration of a network system known as the WINET System)
is before several municipalities in the County, Mayor Kabcenell
explained, and an adjournment until February 23rd has been
requested.
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January 26, 1988
Mr. John Lipchek, a representative of Kiewit Industrial,
explained the proposed procedure and then stated the proceeds
which the Village would receive if this rental of pole space for
the network cabling was approved.
In answer to a question raised by a resident, Mr. Lipchek said
that in order for other corporations to do the same thing, their
requirements would have to be very heavy to justify the cost
involved.
Mayor Kabcenell then stated that a copy of the cable route was
available for review in the Village Offices.
Thereafter, on motion by Trustee Nardi, seconded by Trustee
Cresenzi, with a unanimous vote of the Board, it was
RESOLVED, that the Public Hearing on
Kiewit Industrial be, and it hereby is,
adjourned to February 23, 1988, at 8:00
P.M. at the Village Offices.
At this time, on motion by Trustee Cresenzi, seconded by Trustee
Nardi, with a unanimous vote of the Board, it was
RESOLVED, that the Public Hearings be,
and they hereby are, declared closed.
PLANNING BOARD REFERRAL:
S. 211 South Ridge Street - Larizza
Mayor Kabcenell requested that Rocca Circosta see that the
applicant submit more complete plans before this was referred to
the Planning Board.
On motion by Trustee Nardi, seconded by Trustee Meiskin, with a
unanimous vote of the Board, it was
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January 26, 1988
RESOLVED, that the application of
Larizza for 211 South Ridge Street be,
and it hereby is, referred to the
Planning Board for their review and
recommendations.
Thereafter, pursuant to a request by Attorney Kramer, on motion
by Trustee Nardi, seconded by Trustee Filipowski, with a
unanimous vote of the Board, it was
RESOLVED, that the sum of $2,500 be
deposited with the Village of Rye Brook
Environmental Fund by the applicant, Lou
Larizza, for the proposed project at 211
South Ridge Street.
RESOLUTIONS/DISCUSSION
6. Traffic Commission - Signage in Rye Acres
Mr. Don Gerstenzang, Chairman of the Traffic Commission, stated
that several discussions were held regarding the installation of
Stop Signs in the Orchard Street vicinity. He then noted that
the proposal was referred to the Police Department for their
recommendation; however, Police Chief Gendelia stated that he
was unaware that such a request had been made.
Mayor Kabcenell stated that since there has not been a complete
interchange between the Traffic Commission and the Police
Department, and on motion by Trustee Meiskin, seconded by
Trustee Filipowski, with a unanimous vote of the Board, it was
RESOLVED, that the proposal regarding
the installation of Stop Signs in the
Old Orchard Street vicinity be referred
to the Police Department for their
review and recommendations; and be it
FURTHER RESOLVED, that this matter be
adjourned to the February 23, 1988
meeting.
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January 26, 1988
7. Request of Scarsdale/White Plains Hospital Auxiliary
to hold a Fund Raising Event at the Rye Town Hilton
Attorney Kramer stated that this request could not be granted
because under the Constitution of the State of New York, there
must be a plebiscite.
Following a very brief discussion, Mayor Kabcenell requested the
Deputy Clerk to write the Auxiliary a letter of regret.
8. Grievance Day Resolution (2/16/88)
Trustee Meiskin announced that forms for filing Grievances were
available from the Town Assessor' s Office.
Thereafter, on motion by Trustee Meiskin, seconded by Trustee
Cresenzi, with a unanimous vote of the Board, the following
Resolution was adopted:
WHEREAS, the Assessment Roll of the
Village of Rye Brook for the fiscal year
1988 - 1989 will be filed in the Office
of the Village Clerk on February 1, 1988
where it may be reviewed and examined by
any person at all times during normal
business hours until the 16th day of
February, 1988.
NOW, THEREFORE, BE IT RESOLVED, that the
Board of Trustees will hereby sit as the
Assessment Review Board, pursuant to
Section 1406 of the Real Property Tax
Law, on Tuesday, February 16, 1988, from
6:00 P.M. to 10:00 P.M. , at 90 South
Ridge Street, Rye Brook, New York, to
hear grievances regarding assessments.
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January 26, 1988
9. Election Day Procedures / Registration Day Resolutions
On motion by Trustee Meiskin, seconded by Trustee Cresenzi, with
a unanimous vote of the Board, the following Resolution was
adopted:
ELECTION DAY/REGISTRATION DAY PROCEDURES
WHEREAS, the Board of Trustees, pursuant to
Section 15-118, Sub. 3 (a, b, c) of the
Election Law, is required to designate the
hours for the Registration of voters, and the
date of Registration being fixed by law as
the 10th day preceding the Election; and
WHEREAS, the Board of Trustees has determined
that more than one-half of voters qualified to
vote at a forthcoming Village Election for
village officers were personally registered at
the last preceding General Election, other
than a Village Election, and registration in a
single location will be accomplished more
efficiently and economically;
NOW, THEREFORE, BE IT RESOLVED, that in
accordance with Section 15-118 (Sub. 9) of the
Election Law, the locations where the
Registration of voters is normally held shall
be consolidated into a single place, to wit:
VILLAGE OFFICE, 90 SOUTH RIDGE STREET
and be it
FURTHER RESOLVED, that a single Board of
Electors be used for taking the Registration
of each Election District; and be it
FURTHER RESOLVED, that the Village Clerk be
authorized to appoint two (2) Election
Inspectors and a Clerical Assistant who shall
also serve as an Alternate Inspector if
necessary, all of whom shall serve on
Registration Day; and be it
FURTHER RESOLVED, that if said Inspectors of
Election or Clerical Assistants are unable to
serve on Registration Day, that the Village
Clerk be authorized to appoint Alternate
Inspectors; and be it
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000981
January 26, 1988
FURTHER RESOLVED, that the Inspectors of
Election of the Village of Rye Brook shall
prepare a register for such Election in the
manner provided by law and shall meet on the
10th day preceding the coming annual Village
Election, to wit: March 5, 1988 at the
Village Office, 90 South Ridge Street, between
the hours of 12:00 Noon and 9:00 P.M. of that
day, for the purpose of completing said
register for such Village Election in the
manner provided by law; and be it
FURTHER RESOLVED, that the Village Clerk shall
furnish the necessary blank books in connec-
tion with such Registration and Election at
the expense of the Village; and it is
FURTHER RESOLVED, that said Inspectors of
Election and Clerical Assistants shall receive
the sum of Six ($6) Dollars per hour as their
compensation.
On motion by Trustee Nardi, seconded by Trustee Filipowski, with
a unanimous vote of the Board, the following Resolution was
adopted:
ELECTION INSPECTORS
BE IT RESOLVED, that pursuant to Section
15-116 of the Election Law, there shall be two
(2) Inspectors of Election for each Election
District in the Village Election to be held on
March 15, 1988 from 7:00 A.M. to 9:00 P.M. ;
and be it
FURTHER RESOLVED, that the following Chair-
persons, Election Inspectors and Clerical
Assistants be, and they hereby are, appointed:
Marion Meyer, Chair 71 Bowman Avenue Rye Brook
Joyce Meyer 71 Bowman Avenue "
Millie DiSanto, C.A. 151 North Ridge St. "
Betty Greto, Chair 3 West Street "
Beth Bandy 11 Lincoln Avenue "
Millie Wolfson, C.A. 4 Terrace Court "
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January 26, 1988
Frank Spear, Chair 44 Bonwit Road "
Judy Uhry 19 Rock Ridge Drive "
Rita Messina, C.A. 808 King Street
Peg Fleishman, Chair 27 Sleepy Hollow Rd. "
Frank Alimena 440 North Ridge St. "
Margaret Packman, C.A. 6 Pine Ridge Road "
Jean Mendicino, Chair 81 Hillcrest Avenue "
Katherine Budinoff 39 Avon Circle "
Suzanne Hay, C.A. 4 Wyman Street "
Lee Russillo, Chair 11 Knollwood Drive "
Annette Alimena 440 North Ridge St. "
Frances Incorvia, C.A. 249 Besty Brown Rd. "
Earl Aune, C.A. 60 Windsor Road "
Patricia Pagli, Chair 19 Elm Hill Drive "
Barbara Nardi 10 Woodland Avenue "
Nicholas Incorvia, C.A. 249 Betsy Brown Rd. "
and be it
FURTHER RESOLVED, that the following Alternate
Election Inspectors be, and they hereby are,
appointed:
-Jo Walsh 27 Meadowlark Road Rye Brook
Barbara Minnitte 814 King Street "
Filomena Piro 88 Grant Street "
Charlie Moeller 7 Argyle Road "
Helen Wacker 12 Brook Lane "
and be it
FURTHER RESOLVED, that compensation for each Election
Inspector for said Village Election be at the sum of
Six ($6) Dollars per hour.
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January 26, 1988
On motion by Trustee Meiskin, seconded by Trustee Filipowski,
with a unanimous vote of the Board, the following Resolution was
adopted:
VOTING MACHINES
BE IT RESOLVED, that at the next Village
Election to be held on March 15, 1988, voting
machines shall be used; said voting machines
being owned by the Town of Rye; and be it
FURTHER RESOLVED, that if said voting machines
are not available, the use of paper ballots is
hereby authorized; and be it
FURTHER RESOLVED, that the polls in each of
the seven (7) Election Districts shall be
opened at 7:00 A.M. in the morning and remain
open until 9:00 P.M. in the evening of said
day; and be it
FURTHER RESOLVED, that the polling places be,
and they hereby are, designated for the
respective Election Districts as follows:
#20 Port Chester Middle School Main Lobby
#21 Port Chester Middle School Main Lobby
#22 Blind Brook High School Main Lobby
#23 Ridge Street School Gymnasium
I
#26 Port Chester Senior High School Lobby
#27 Ridge Street School Gymnasium
#29 Ridge Street School Gymnasium
APPOINTMENTS AUTHORIZATION
10. Posillipo Center - Lifting the Moratorium on Use
Mayor Kabcenell conveyed that a request was made to lift the
moratorium on the Posillipo Center in order for it to be used
specifically by the candidates running for office in the Village
Election.
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0009841
January 26, 1988
On motion by Trustee Nardi, seconded by Trustee Filipowski, with
Trustee Meiskin abstaining from the vote, the following
Resolution was adopted:
RESOLVED, that the moratorium on the
Posillipo Center be lifted specifically
for its use by candidates for the
purpose of holding meetings and other
functions directly related to the
Village Election.
Former Trustee Jules Harris stated that the use of the Posillipo
Center for campaigning purposes would be a benefit to the entire
community.
11. Retiree's Benefits - Amendment to Agreement of 3/13/84
Mayor Kabcenell stated that this matter would be put over to the
next Board meeting so additional information could be obtained.
12. Westchester Shore Humane Society Agreement
In answer to a question posed by Trustee Nardi, Mayor Kabcenell
said that the Society actually patrols the Village two days per
week but they are available everyday.
Thereafter, on motion by Trustee Filipowski, seconded by Trustee
Nardi, with a unanimous vote of the Board, the following
Resolution was adopted:
WESTCHESTER SHORE HUMANE SOCIETY
BE IT RESOLVED, that Mayor Jack L.
Kabcenell be and he hereby is authorized
to execute an Agreement on behalf of the
Village of Rye Brook with the Westchester
Shore Humane Society for a term commencing
January 1, 1988 and ending May 31, 1989.
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January 26, 1988
13. Check Register Authorization
On motion by Trustee Filipowski, seconded by Trustee Nardi, with
a unanimous vote of the Board, the following Resolution was
adopted:
WHEREAS, the following checks,
representing payment for services
rendered, have been submitted to the
Treasurer's Office for payment and have
been certified to by the Village
Administrator:
Payroll Checks #11995 - #12487;
Combined Check Register #7868 -
#8461;
Combined Check Register (Hand
Checks) #5167 - 5222.
NOW, THEREFORE, BE IT
RESOLVED, that this Board hereby
approves payment of the above-mentioned
claims and authorizes payment thereof.
14. Westerleigh Court - Dedication of Road (Iorio Subdivision)
Rocco Circosta informed the Board that he was in the process of
receiving the total package on the dedication of the road in the
Iorio Subdivision.
Mr. Ken Heller suggested that the Village maintain certain
control as there was still one house yet to be built and Mr.
Circosta stated that a two-year Maintenance Bond was filed with
the Village.
Farmer Trustee Stan Zak requested that the Director of Public
Works make sure that the new road has no standing water.
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January 26, 1988
15. Personnel Matters - Greg Austin
Mayor Kabcenell stated, for informational purposes, that with
his many talents and wonderful qualifications, Greg should make
an effective Police Officer. He continued that there were two
retirements in the Police Department and Greg Austin together
with Russ Stein were now in the County Training Program to fill
those vacancies.
Mayor Kabcenell added he was proud Greg came out so high on the
list and that the Board was able to make this appointment.
APPROVAL OF MINUTES
16. December 8, 1987
17. January 12, 1988
On motion by Trustee Filipowski, seconded by Trustee Cresenzi,
the Minutes of December 8, 1987 and January 12, 1988 were
approved with the changes Trustee Meiskin has previously
submitted.
NOT ON THE AGENDA
Bruno Gioffre, Esq. appeared and requested that the adjourned
Public Hearing on the Zoning Law amendment regarding the height
of buildings be scheduled.
Thereafter, on motion by Trustee Nardi, seconded by Trustee
Filipowski, with a unanimous vote of the Board, the following
Resolution was adopted:
RESOLVED, that this Board hereby sets
Tuesday, February 23, 1988, at 8:00
P.M. , in the Village Offices, as the
date, time and place for a Public
Hearing on Proposed Local Law #2 - 1988,
entitled "Amendment to the Zoning Law of
the Village of Rye Brook" with respect
to the Height of Buildings.
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January 26, 1988
At this time, Mr. Gioffre requested that this amendment be
reviewed by the Board of Architectural Review.
Mr. Ken Heller requested that the height of basements be
included in any amendment regarding the height of buildings.
NEXT MEETING DATE
On motion by Trustee Nardi, seconded by Trustee Cresenzi, with a
unanimous vote of the Board, the following Resolution was
adopted:
WHEREAS, Grievance Day is established by
law and falls this year on the 16th day
of February, 1988; and
WHEREAS, due to vacation schedules and
school recess, it would be in the best
interest to hold one combined Agenda/
Grievance Day Meeting;
NOW, THEREFORE, BE IT
RESOLVED, that provided a quorum is
present, the Agenda Meeting scheduled
for the second Tuesday in February, be
and it hereby is, moved to the 16th day
of February, 1988 to be combined with
the Grievance Day Meeting.
ADJOURNMENT
At this time, on motion by Mayor Kabcenell, seconded by Trustee
Filipowski, it was unanimously resolved to adjourn the meeting
at 9:30 P.M.
Respectfully submitted,
Jean A. Marra
Deputy Village Clerk
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