HomeMy WebLinkAbout1989-02-14 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES
AGENDA MEETING
-� FEBRUARY 14, 1989 - 8:00 P.M.
CABLE TV COMMISSION REPORT - PETER BERNBAUM, CHAIRMAN
PUBLIC HEARING (Continued)
A. BROOK II - PRELIMINARY SUBDIVISION & SITE PLAN APPROVAL
and FEIS FINDINGS
RESOLUTION
B. DESIGNATION OF MARCH 11th AS REGISTRATION DAY FOR VILLAGE ELECTION
C. SUPPORT OF COMMUTER PARKING PROPOSAL FOR SATELLITE LOT
SET PUBLIC HEARINGS for FEBRUARY 28, 1989
D. RYE RIDGE PROFESSIONAL BUILDING - ZONING CHANGE & SITE PLAN APPROVAL
E. FERRANTE - 6 ARLINGTON PLACE: ENVIRONMENTAL DETERMINATION
(AMENDMENT TO SUBDIVISION RESOLUTION)
F. MURRAY - 6 HAWTHORNE AVENUE: SUBDIVISION APPLICATION
G. EXTENSION OF FIRE CONTRACT WITH PORT CHESTER
AGENDA ITEMS FOR FEBRUARY 28, 1989
APPROVAL OF MINUTES
1. JANUARY 24, 1988
RESOLUTIONS/AGREEMENTS
2. HIGH POINT HOSPITAL: EXTENSION OF TIME - SITE PLAN APPROVAL
3. HERITAGE - FEIS & RYE BROOK NORTH - FGEIS: ACCEPTANCE OF FINDINGS
4. RECORDS RETENTION & DISPOSITION
5. AGREEMENT WITH COMPLUS - ALARM BILLING FOR 1989
APPOINTMENTS/AUTHORIZATION
6. CHECK REGISTER AUTHORIZATION
NEXT MEETING DATES
I GRIEVANCE DAY - FEBRUARY 21, 1989 REGULAR MEETING - FEBRUARY 28, 1989
AGENDA MEETING - MARCH 14, 1989
***Recycling Makes a Lot of $eats!***
001300
MINUTES OF AN AGENDA MEETING
OF THE BOARD OF TRUSTEES OF THE
VILLAGE OF RYE BROOK, HELD ON THE
14th DAY OF FEBRUARY, 1989 IN THE
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
CONVENE MEETING
The Meeting of the Board of Trustees was called to order by
Mayor Cresenzi at 8:10 P.M. in the Meeting Room and the Pledge
of Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Francis L. Filipowski
Trustee Michele R. Mendicino
Trustee Robert J. Ravich
Trustee Jane Saffir Smith
Also present were:
Christopher J. Russo, Village Administrator
Edward F. Beane, Village Attorney
Rocco V. Circosta, Director of Public Works
Denise Carbone, Public Stenographer
Jean A. Marra, Deputy Village Clerk
February 14, 19890 01 3 01
Before the meeting started, the new Village Attorney, Edward
Beane, of the Law Firm of Keane & Beane, White Plains, NY, was
introduced by Mayor Cresenzi and the Board extended a very warm
welcome to him.
CABLE TV COMMISSION REPORT - PETER BERNBAUM, CHAIRMAN
The Chairman of the Cable TV Commission, Peter Bernbaum,
presented a Cable TV Report which was authored by Kevin Lauth,
the Cable TV Consultant. Mr. Bernbaum then gave a brief history
of the Cable Commission and proceeded to introduce two other
members of the Commission: Myron Pollack and Stan Zak.
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Mr. Bernbaum continued by explaining that UA Columbia offers
free training courses for those interested in learning how to
use the equipment, also, he said the studio located in Rye Ridge
Shopping Center was available for use by the residents, at no
charge, as well.
i
The uses of the Government Channel and the Educational Channel
were highlighted by Mr. Bernbaum who then introduced Mr. Lauth.
Following several questions by the Board, Mr. Lauth, an expert
in the use and development of the Government Access Channel and
Community Based programming, outlined his proposal as follows:
1. Inventory and analysis of UA Columbia's studio and equipment.
2. Survey of local community organizations and their interest in
producing cable programs. 3. Westchester Government Access
Survey. 4. Preparation of user regulations and release forms.
5. Improvement of current character generator. 6. Production of
a 15 minute videotape profiling the governmental services
provided by Rye Brook. 7. The re-evaluation of future options.
Mr. Bernbaum stated the overall cost was approximately $4,000
which included professional time and equipment. He said there
was a September, 1989 target date. This would create an
effective means of communication, he added, and he felt the cost
was extremely reasonable.
Mayor Cresenzi thanked Mr. Bernbaum and the Cable Commission for
work they have done and then requested that Administrator Russo
meet with Peter Bernbaum and Kevin Lauth to fine tune the cost
and come back for the February 28th meeting.
Mr. Ken Heller requested that the Board put a notice in the
newspaper regarding the training program and the Mayor stated
that procedures would be established.
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February 14, 1989 001302
i
PUBLIC HEARING (Continued)
A. BROOK II - FINAL SUBDIVISION & SITE PLAN APPROVAL j
and FEIS FINDINGS
On motion duly made and seconded, it was unanimously
I
RESOLVED, that the Public Hearing
be and it hereby is declared open.
i'
(The Public Stenographer was present for this
portion of the meeting and that record will
become a permanent part of the Minutes, )
Administrator Russo read the Findings Statement, submitted by
Frederick P. Clark Associates, on the Final Environmental Impact
Statement for Rye Brook Estates and on motion by Trustee Ravich,
seconded by Trustee Filipowski, with a unanimous vote of the
Board, the following resolution was adoptedr•
r
In compliance with Section 617 . 9 oV d4 NYCRR State
Environment Quality Review of the Environmental Conservation
Section 8-0113 ; Ten (10) days from Decem4.er . 20, ;19(1{3 , having
elapsed and the affected agencies and the ' pubiic having' had a
reasonable time in which to consider the Finals EIS, this Board. of
Trustees now finds that the following -procedures,;. have been
- followed and are documented in the record ',an& resolutions; passed
by the Board of Trustees of the Village 'of Rye Brook oh� June'• 20 ,
1988, and December 20, 1988 as follOWS: S
THAT, Brook II Ventures, Inc. a. domestic corpdration, with
principal offices in care of Alamit 'Prope'rtir-s ,tat The Centre at
Purchase, Manhattanville Road, Purchase, NY 10577 ,.' is tine owner
in fee of a dertain parcel of vacant land consisting of twenty-
six point eight (26. 8) acres, located on the west side of North
Ridge Street in the Village of .Rye Brook, New York; and
THAT, the subject real property is known and designated as
Section 1, Block 5, Lots 19F, 19E02A, 1941 & 19E3 on the Tax
Assessment Map of the Village of. Rye Brook ' (Town of Rye) ; and
THAT, the property lies within two (2) building zones as
shown on the Zoning Map of the Village of Rye Brook* which zones
are known as R-10 (ten thousand : square feet per lot for a
dwelling) and R-12 (twelve thousand five hundred square feet per
lot for a dwelling) ; and
THAT, on September 23 , 1986, the fee owners submitted an
application to the Board of Trustees for a rezoning of the
property to accommodate one hundred fifty-two (157.) units of
condominium. housing and seven additional conventional dwellings
for a total of one hundred fifty-nine (159) units; and
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0013043
February 14, 1989
THAT, on September 23 , 1986, this Board referred the
application to the Planning Board of the Village of Rye Brook for
study, review and recommendations; and
THAT, on October 3.1, 1986, the Village Board designated
itself- as the Lead Agency to review the project in accordance
with the State Environmental Quality Review Act(SEQRA) ; and
THAT, over the past twenty (20) months, the Planning Board
held numerous public meetings with respect to the rezoning
application and the overall concept of the proposed project as
then contemplated by the developers; and
THAT, the location, size, depth, density and impact of the
project was discussed on numerous occasions; and
THAT, on or about March 10, 1987 , Parish & Weiner, Planning
Consultants for the developers, submitted a DEIS addressing
environmental concerns for the one hundred fifty-nine (159)
units as well as development alternatives for the site; and
THAT, one such alternative was a 65-70 unit development for
the subject property in either single family detached units or in
a cluster form; and
THAT, the DEIS was reviewed by Frederick P. Clark
Associates, the Planning Consultants for the Village, and work
session meetings were held by Frederick P. Clark Associates, with
the planners for the development; and
THAT, on June 9 , 1987, the Planning Consultants for the
village, found .it appropriate for the Village Board to accept the
DEIS as being complete; and
THAT, on June 23 , 1987 , the document was accepted by the
Village Board as being complete; and
THAT, on November 24 , 1987 , at a .regular Village Board .
meeting, the applicant withdrew its original application for the
requested rezoning; and
THAT, at the same regular Village Board meeting of November
24 , 1987, the applicant informed the Board of Trustees that it
had delivered to the Village Clerk its application for Site Plan
Approval for a sixty-five (65) single family "build-out as-of-
right" ; together with a draft of a modified DEIS reflecting this
change in the proposed plan; and
THAT, thereafter. the Planning Board conducted numerous
public meetings to discuss the sixty-five (65) units of
conventional housing and cluster-alternatives to the conventional
housing; and
00.130{x:
February 14, 1989
THAT, as part of those discussions, the Village Engineer,
Rocco Circosta, and the engineer for the developer reached an
agreement that sixty (60) dwelling units is the legally permitted
number of homes for the site and the Village Engineer has so
stated publicly; and
THAT, the property herein has an unusual and unique
topography, a dramatic land mass and vegetation and a picturesque
pond; and
THAT, the development 11 of the property requires sensitive
handling of the site 'conditions herein as above described; and
THAT, on or about July 18, 1986, Parish & Weiner, Planning
Consultants for the, developers, submitted a DEIS addressing
environmental concerns for a cluster plan of 60 single-family
homes; and.
THAT, the' DEIS was reviewed by Frederick P. Clark
Associates, the Planning Consultants for the Village; and
THAT, , the DEIS was revised in response to comments by
Frederick P. Clark Associates; and
THAT, on or about August 23 , 1988, Parish & Weiner submitted
a„revised DEIS to the Village; and
THAT, on . August 23 , 1988 the DEIS was accepted by the
V:1)1.a6e .Board as complete and was distributed to all involved and
'interested agencies; and
THAT, on October 11, 1988, a public hearing was held by the
Rye Brook ;Village Board of Trustees to solicit comments and
questions from the public concerning the DEIS; and
THAT, the public hearing was closed on October 11, 1988,
with 10 days given for the submission of written comments; and
THAT, on or about November. 8, 1988 the FEIS was submitted by
Parish & Weiner, and then resubmitted on or about November 22 ,
1.988 following comments by Frederick P. Clark Associates; and
THAT, on November 22 , 1988 the FEIS was accepted by the
Village Board as complete and was distributed to all involved and
interested agencies; and
TIIAT, on December 20, 1988 a public hearing was held by the
Village Board to solicit comments on the FEIS ; and
THAT, as a result of the careful environmental studies
described above it is clear that a sixty (60) unit single-family
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February 14, 1989 V U_l 3 U ai
clustered configuration is in the best interest of the
neighborhood, the life-style, and the orderly growth and
development of the community; and will-a, when developed, maintain
and preserve the stable character of the Village of Rye Brook;
and
THAT, the Village Board is the final authority for site plan
and subdivision approval;
THAT, the Village Board's determination is based on the
following environmental studies:
1. The site is a significant large vacant, property in the
i form of a valley. The East Branch of the Blind Brook
runs through the site and is, at one point, dammed to
form a small pond.
2 . The property is surrounded by a variety of uses. To the
southwest is the Rye Town Hilton. To the south are the
Avon Circle condominiums. Across Ridge Street are
single-family homes; to the north and northwest are
Crawford Park and Rye Hills Park; to the west are
single-family homes.
3 . The site is heavily wooded and has significant rock
outcrops.
4 . ,The applicant' s original proposal for a four-story 1.59
unit condominium was deemed to be out of character with
the n9arby single-family homes. However, this plan did
make - appropriate use of the site by clustering the
development, leaving significant amounts of vegetation
and avoiding rock outcrops.
5. As a result of the environmental studies and public
meetings on the 159 unit cluster plan the Village Board
directed the applicants to prepare a plan whose density
was equal to the as-of-right density under the two
residential zones mapped on the site, but which
employed clustering to maximize open space, minimize
blasting, and preserve as much significant existing
vegetation as possible.
6. Apart from density, the principal environmental issues
connected with this site are drainage, utilities,
traffic, blasting, parks and open space, and vegetation
impacts.
7. Drainage. Detailed studies on drainage were undertaken
as part of the EIS process. The proposed plan calls
for use of the existing pond for retention plus
additional drainage retention areas upstream of Avon
Circle. The existing dam will be rehabilitated. As a
001306
February 14, 1989
result of the drainage plan there will be a reduced
rate of runoff from the site after development. In
addition, certain drainage which now flows overland
without control, affecting property owners near the
East Branch of the Blind Brook, will be collected and
directed into the Brook or pond as part of the drainage
improvements. The drainage studies prepared by the
applicant's engineer have been reviewed by experts at
Westchester County and by consultants hired by the
Village who have concurred in the opinion that the
drainage proposal will avoid additional impacts on
downstream properties, and will , in fact, reduce the
peak rate of runoff from the site.
B. Utilities. A Westchester County trunk sewer crosses
the property and has adequate capacity to serve the
project.
Water will be made available by New York American Water
Company from 12" lines which abut the site.
i
9. Traffic. Extensive and careful studies were carried
out with respect to traffic generated by the
development. The applicant 's proposal originally
called for a. loop road from Ridge Street plus a short
cul-de-sac. This
on.yR.idgwould have involved three entrances
Two alternatives were f proposed for the northermost access. The alternative preferred by the Village
f required an easement through the Town owned Crawford
j Park. Due to legal constraints, the Town denied this
' request.
Although, in theory, the Village prefers a northern
access to the site, the second alternative for a
northern access would enter Ridge Street at a curve in
the road and would require sight easements over
Crawford Park. Furthermore, it has been determined
that the southern access would provide adequate sight
distances and will operate at acceptable levels of
service without the northern access. The plan has,
therefore, been modified to eliminate the northern
entrance.
The Planning Board and Fire Chief have recommended
that an emergency vehicular access be developed; this
emergency access will be provided at the northern end
of the site (connecting to North Ridge Street) ,
10. Blasting. The adjacent homes in Rye Hills are built on
slabs, and there has been considerable concern that the
necessary:. road construction . and foundation construction
February 14, 1989 001.301'
not impact these and other nearby properties. As a
result, the applicant has modified the site plans and
road profiles to raise roads and buildings in order to
minimize blasting. The Village Board will require that
an independent inspector monitor the blasting process
to insure that impacts are minimized.
11. Parks and Open_ Syace. The site abuts Crawford Park and
Rye Hills Park. An access easement crosses the
property from Ridge Street to Rye Hills Park. The
developer has modified the proposed plan to provide a
donation of approximately one-half acres in order to
create an extension of Rye Hills Park. In addition,
the access road into the site will provide public
access to this presently landlocked facility.
Further, the Village Board will request a donation (to
be fixed and agreed upon by the developer and the
Village) to the Village 's recreation fund to help meet
the additional recreation needs of the Village.
The. ..pl&n itself calls for a pool and clubhouse to
provide recreation facilities on site for the 60
famili.es•.
12 . V, getation. By clustering, the plan has provided for
the retention of a considerable part of the on-site
Vegetation. In addition, the Village Board has
required a landscaping plan that provides for
additional screening of abutting residential
properties. Furthermore, the developer has agreed to
provide additional landscaping in the form of a grove
adding a visual amenity to the area.
Based on the foregoing considerations, the Village Board. of
the Village of Rye Brook, after due deliberation, finds:
THAT, the number of dwellings permitted to be erected on the
site shall be sixty (60) ;
THAT, the dwelling units shall be single-family homes in a
clustered configuration. The application shall establish and
utilize easements for green and open space preservation, and may
in some instances be permitted or required to construct attached
units, or provide attached facilities in order to avoid certain
topographic features and to limit the amount of area disturbed as
well as to achieve a particular aesthetic result;
THAT, the Planning Board be encouraged to hold meetings and
concurrently review both a Site Plan- and a Subdivision Plat;
001303
February 14, 1989
THAT, a Public Hearing having been duly advertised and held
on the 20th day of December 1988 pursuant to Notice thereof with
respect to the Final Environmental Impact Statement (FEIS) of
Brook II Ventures, Inc. (Rye Brook Estates) , and all parties
having had the opportunity to be heard hereon; and
THAT, the Public Hearing was closed in accordance with
Section 6 NYCRR Part 617.9 and 10 of the State Environmental
Quality Review as provided for in Section 8-0113 of the
Environmental Conversation Law; and
THAT, the Village Board of the Village of Rye Brook adopted
the Final Environmental Impact Statement (FEIS) for Brook II
Ventures, Inc. (Rye Brook Estates) as prepared by Parish & Weiner
of Tarrytown, New York and dated November 1988; except, however,
that the said FEIS was revised as follows: that on Page 23 of the
FEIS, D-5, that the word "basement" is deleted as it relates to
the Rye Brook-Rye Hills dwelling and in its place there be
substituted the words, "Built on slabs," and that in addition, a
certain report presented by property owner, Shirley Rothenberg,
relating to standards for proposed blasting, be included as an
exhibit in the FEIS, and that in all other respects this Board
finds the FEIS herein referred to as complete in accordance with
the procedures set forth in 6NYCRR, Part 617.9 and 10 of the
State Environmental Quality Review as provided for in SS-0113 of
the Environmental Conservation Law;
NOW, THEREFORE, BE IT
RESOLVED, that 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 Draft and
Final-Environmental Impact Statements; and be it
FURTHER RESOLVED, that consistent with social, economic and
other essential considerations to the maximum extent practicable,
adverse environmental effects revealed in the environmental
impact process will be minimized or avoided by incorporating as
conditions to the decision those mitigative measures which were
identified as practicable; and be it
FURTHER RESOLVED, that this Board hereby accepts these
findings, as heretofore set forth, this 14th day of February,
1989.
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February 14, 1989 OfllJ i-t 30.9
Mr. Mitchell Hochberg reiterated the proposals presented by the t➢V
developer for Rye Brook Estates from its inception to present and
added that the Subdivision and Site Plans, as presented, have
been thoroughly reviewed and evaluated by experts. He continued
that of the 26.8 acres, only 50% of the site will be built on and
the remaing land would remain as open green space forever.
The need and location of an access road was then discussed and
Mr. Hochberg stated that a single access has been approved by the
County of Westchester; and the emergency access has been reviewed
and agreed to by the three fire departments as well as the police
department.
Mr. Hochberg said that any blasting would be done by licensed
experts and that it would be minimal because of the location of
the homes and the expenses involved. Fill will be brought in
instead of blasting, he added.
The one-half acre of land to be dedicated to the Village for Rye
Hills Park was discussed next and Mr. Hochberg said the entrance
to the Park would be tied into the new road at the developer's
expense. All of the roads, except for two small pieces which do
not meet the Village standards, will be dedicated to the Village,
Mr. Hochberg stated. The Homeowners Association will own and
maintain those minor roads, he reported, as well as the emergency
access road.
On the County's recommendation, Mr. Hochberg continued, a small
portion of property on North Ridge Street will be dedicated to
the Village so, at some future date, perhaps the road could be
straightened out.
A discussion followed concerning the Wilton Road access and
Attorney Beane assured the residents that there was no provision
for a road to even go there; a person cannot just come along and
violate the resolution -- it' s a term of the subdivision approval
he said.
A petition containing approximately 306 signatures was presented
by Mr. Roger Herman, of 25 Lincoln Avenue, requesting that: 1. an
easement be obtained for use of the Rye Town Hilton service road;
2. two retention basins be installed; 3. the number of houses to
be built should be lowered from the unit count of 60; and 4. the
developer' s insurance plans be made available to the public.
Mayor Cresenzi responded to Mr. Herman by saying the Rye Town
Hilton could not be forced to open the service road; they were
approached and they refused. The hotel is up for sale and they
probably to do want to hinder the resale value of the property,
the Mayor added.
The Village's Consulting Engineer, Ralph Mastromonaco, addressed
the other issues presented by Mr. Herman; mainly the drainage.
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February 14, 1989 001310
Mr. Mastromonaco said the run off would actually be less because
it would be controlled by diverting it with drainage pipes, and
after quite a lengthy discussion, he said he would be happy to
meet privately anytime to go over this with Mrs. Carlucci and
anyone else.
Mr. Robert Bernstein of the Rye Ridge Ridge Condo Association
thanked the developer for accommodating them and even changing
some of their plans but he still had a problem with the dam wall.
Mr. Mastromonaco explained that the developer had to get approval
from New York State DEC to reconstruct the dam and they would
decide on the stability of it. Since the entrance road will be
elevated, Mr. Mastromonaco said, the water would be stopped by
the second retention basin.
Mr. Nick Carlucci said if the plan for the diversion of the flow
of water was faulty, the residents had to be protected and he
requested that the design plan be more detailed, to which Mr.
Hochberg responded that the request would be complied with.
Some discussion followed regarding the dredging of the pond and
Mr. Hochberg indicated that the bank required a Hazardous Waste
Study when the property was purchased.
As to the culverts, Mr. Hochberg said they could not be screened
or barred because it would impede the flow of water; the guard
rails on the south side and north side of the roadbed had to be
repaired. He added that the Association would have a full-time
maintenance person who would be responsible for the culverts.
once the property is developed, you will not have the garbage in
the brook, Mr. Hochberg added.
Mr. Herb Adler, Chairman of the Planning Board, presented his
views of the project by saying that he was opposed to only one
ingress and egress; he thought the proposal lacked good planning
and that the development would be too private -- the streets
should be integrated with the entire Village, he said, adding
that he did agree with the 60 unit housing count, though.
Mayor Cresenzi noted that the Town of Rye retained special
counsel to review the requested easement over the Crawford Park
but they could not jeopardize the provisions of the Will so it
was a dead issue.
The topic of tree preservation was discussed next and Mayor
Cresenzi explained that the development could be controlled and
be made to save trees but not individual home owners and Michael
Stolzar, a member of the Planning Board, pointed out that the
trees in the open common space could not be removed from the area
as it would be under the control of the Homeowners Association.
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February 14, 1989 0
Following a ten-minute recess, Mr. Bernie Klem of the Planning
Board, said he did not agree with Mr. Stolzar because the Home-
owners Association could turn around and do what "they damn well
please." He suggested a "mini" tree ordinance be imposed but
Attorney Beane said without the Village having such a law, it
would be difficult to impose one on just this development.
In answer to Mrs. Carlucci's question, Attorney Beane stated that
the Subdivision Resolution sets forth the ground rules, and after
all approvals are obtained, there will be other conditions as the
project get built. Construction will be under the jurisdiction of
the Village and its consultants. If any resident has a problem,
they can contact either Mr. Hochberg or the Village. Also, Mr.
Beane added, there will be other public meetings which can be
attended; however, he said he never heard of anyone attending a
DEC meeting.
Thereafter, on motion by Trustee Smith, seconded by Trustee
Filipowski, with a unanimous vote of the Board, the following
resolution was adopted:
BROOK II VENTURES, INC.
RYE BROOK ESTATES - NORTH RIDGE STREET
SUBDIVISION and SITE PLAN APPROVAL
WHEREAS, the Village Board has reviewed an application
of Brook II Ventures, Inc. for Subdivision and Site Plan
Approval of an approximately twenty-six point eight
(26.8) acre parcel of vacant land on the westerly side
j of North Ridge Street and North of Westchester Avenue;
and
WHEREAS, the Village Board held a Public Hearing on
January 24, 1989, which hearing was adjourned to
February 14, 1989, on a proposed plat illustrating said
Subdivision and a Site Plan as shown on maps entitled,
"Subdivision Map and Site Plan; (a Clustered Subdi-
vision) , Rye Brook Estates, Village of Rye Brook,
Westchester County, New York" prepared by Chas. H. Sells
Consulting Engineers, Bedford Hills, NY, Scale 1" = 50'
and dated January, 1989; and
WHEREAS, the Village Board, in accordance with the State
Environmental Quality Review (SEQR) , required the appli-
cant to prepare and submit a Draft Environmental Impact
Statement (DEIS) , as well as a Final Environmental
Impact Statement (FEIS) , the findings of which have been
adopted by this Board by Resolution immediately prior in
time to the adoption of this Resolution of February 14,
1989; and
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February 14, 19890 0
WHEREAS, on November 24, 1987, the applicant submitted A
its application for approval of a Site Plan to accommo-
date sixty-five (65) units of conventional dwellings;
and
WHEREAS, on the same date of November 24, 1987, the
Village Board referred the application to the Rye Brook
Planning Board for its study, review and
recommendations; and
WHEREAS, the Planning Board, the Village Engineer, and
the Planning Consultant to the Village determined that
because of topography, road configuration and other site
conditions, that sixty (60) dwelling units would be in
conformity with the Subdivision Regulations of the
Village of Rye Brook; and
WHEREAS, after meetings with the applicant, their
attorney, planners and engineers, the applicant accepted
the count of sixty (60) dwellings to be placed upon the
site; and
WHEREAS, the Village Board stated that the site required
sensitive development and concern for all the environ-
mental factors and it would be in the best interest of
the Village residents to cluster the sixty (60) units;
and
WHEREAS, thereafter, the Planning Board proceeded on the
basis of a review of a Site Plan and Subdivision in
accordance with Section 7-738 of the Village Law; and
WHEREAS, the Planning Board reviewed the sixty (60) unit
submission and received comments from the public; and
WHEREAS, the Planning Board discussed the project at
several regularly scheduled public meetings; and
WHEREAS, the Planning Board referred the application to
the Westchester County Planning Board pursuant to §239
(L) , (M) and (N) of the General Municipal Law; and
WHEREAS, the Planning Board held public meetings as
noted in the record; and
WHEREAS,. the Planning Board requested and received
reports from, and consulted with: the Village Police,
Fire, Parks and Recreation Departments, the Village
Planner, Village Engineer, Westchester County Department
of Planning, and the Westchester County Department of
Public Works; and
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February 14, 198900 1 3 y J
WHEREAS, the Planning Board studied the road configura-
tion and the flow of traffic and the design of the
entrances and exits of the project for efficiency and
safety; and
WHEREAS, the Planning Board also studied public water
conditions as they apply to potable water supply and for
fire protection; and
WHEREAS, the Planning Board and its consultants and
engineers studied the need for easements to allow inter-
connection of water and sewer lines, drainage and ease-
ments for common areas within the project itself; and
WHEREAS, the Planning Board directed the applicant to
meet with the Village Engineer and Village Consultant to
more precisely locate dwellings, to provide plantings
and to preserve major trees on the site and review the
effects of the dam and pond on the site; and
WHEREAS, the Village Board, in adopting the Findings
under SEQR, incorporates said "Findings" in this
Resolution as part of this Legislative Act;
NOW, THEREFORE, BE IT
RESOLVED, that said Site Plan and Subdivision Plat
submitted by the applicant, its heirs, successors and
assigns, be and hereby is approved with sixty (60)
dwelling units, together with a Clubhouse and Pool, as a
Final Plat and Site Plan, subject to the conditions and
requirements imposed by Codes, Laws and Ordinances of
the Village of Rye Brook together with the notes and
legends therein on the Subdivision Map and Site Plan of
Rye Brook Estates; and be it
FURTHER RESOLVED, that the Mayor of the Village of Rye
Brook be and he hereby is empowered to sign the Subdi-
vision Plat and the Site Plan subject to, and only in
the event that applicant obtains the approvals of the
Westchester County Health Department, New York State
Department of Environmental Conservation, and any other
agency having jurisdiction, as well as meeting the con-
ditions of this Resolution to the satisfaction of the
Village Board; and be it
FURTHER RESOLVED, that the right-of-way driveway to the
Norden and Carlucci properties at the northern end of
the site be used solely as an emergency access into Rye
Brook Estates -- accessible only to the Fire, Police,
Ambulance or other emergency services (and consequently,
that no emergency connection be made with Wilton Road) ;
and be it
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February 14, 1989 001314
FURTHER RESOLVED, that the applicant, its heirs, succes-
sors or assigns shall donate to the Village of Rye Brook
the sum of Seventy-Five Thousand ($75,000) Dollars as
and for a donation to the Village Recreational Trust
Fund to help meet the additional recreational needs of
the Village. Said payment to be made one-third (1/3) , or
$25,000, prior to the signing of the Subdivision Plat by
the Mayor, and the remaining two-thirds (2/3's) of said
payment, or $50,000, to be made on or before one year
from the date of signing of said Subdivision Plat by the
Mayor. The applicant hereby agrees to be bound and obli-
gated to make such payments and hereby waives whatever
rights it may have, if any, to challenge the validity of
these payments in any Federal or State Court or adminis-
trative body in this or any other jurisdiction; and be
it
FURTHER RESOLVED, that the applicant will deed over to
the Village of Rye Brook 25,968 square feet of land as
shown on the Subdivision Map herein referred to; and be
it
FURTHER RESOLVED, that the applicant, its heirs, suc-
cessors and assigns will pay to the Village of Rye Brook
the sum of Twenty-Five Thousand ($25,000) Dollars as and
for a donation to the Village of Rye Brook to be used
solely and specifically to fund a Public Safety Study to
determine inter alia whether additional public safety
services may be required and, if so, the nature of such
services. Said payment to be made prior to the signing
of the Subdivision Plat by the Mayor. The applicant
agrees to be bound and obligated to make such payment
and hereby waives whatever rights it may have, if any,
to challenge the validity of this payment in any Federal
or State Court or administrative body in this or any
other jurisdiction; and be it
FURTHER RESOLVED, that the Village of Rye Brook hereby
requires that General Liability Insurance be obtained by
the developer in the minimum amount of Five Million
Dollars ($5,000,000) ; and that Blasting Liability Insur-
ance also by obtained by the developer in the minimum
amount of Five Million Dollars ($5,000,000) ; and that
the Village retain a Consulting Engineer or Firm, at the
expense of the developer, to supervise and minimize the
blasting activities to take place on said site; and be
it
FURTHER RESOLVED that, at the discretion of the Director �i
of Public Works, the Village retain a Consulting Hydrol-
ogy Engineer or Firm, at the expense of the developer,
to supervise all requirements with respect to erosion
control, pond and stream dredging and cleaning, dam
reconstruction, detention areas, and all other water and
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February 14, 1989 001 °31 ij
flood-control related matters, including a detailed
review of the northern drainage diversion from the
upstream section of said project; and be it
FURTHER RESOLVED, that the new Off-Street Parking
Requirements adopted on January 24, 1989 as Local Law
#1-1989, which requires (under Section G.c. (2) that
"each single-family dwelling developed under the cluster
provision shall be provided with two parking spaces for
each dwelling unit plus one parking space per dwelling
unit which may be provided in common. . . ." be waived in
this instance in order to minimize further blasting and
site disturbance. The number of additional parking
spaces in common being held to forty-five (45) instead
of sixty (60) ; however, the Village reserves the right
to require any additional parking spaces; and be it
FURTHER RESOLVED, that a plan, for a pedestrian walkway
connecting behind the eight (8) unit cul-de-sac enclave
to the main fifty-two (52) unit site, be submitted to
the Planning Board for their review and recommendations
within six months of the date of signing of said Subdi-
vision Plat by the Mayor. The Planning Board, in conjunc-
tion with the Village Engineer, shall be empowered to
set a schedule of construction of the walkway; and be it
FURTHER RESOLVED, that the future Homeowners Association
shall be made legally and financially responsible for:
the maintenance and preservation of all common areas,
including trees, landscaping, cul-de-sac plantings, and
other vegetation; maintenance of the off-street parking
areas; and the maintenance and safety of the dam, pond,
streams and emergency access bridge; and that the emer-
gency access road must also be maintained by the Home-
owners Association and kept free and clear at all times;
and be it
FURTHER RESOLVED, that a detailed plan for a Recreation
Center, Swimming Pool, Homeowners Association Office and
Maintenance Facility be submitted by the applicant to
the Planning Board for their review and recommendations;
and be it
FURTHER RESOLVED, that plans for Signage on the site be
submitted to the appropriate board for review and recom-
mendations; and be it
FURTHER RESOLVED, that the applicant, its heirs, suc-
cessors or assigns shall pay for an Engineering Inspec-
tion Fee as fixed by the Village Engineer in accordance
with the Subdivision Regulations. The applicant shall
also pay for the fees incurred for a Blasting Consultant
and Landscape Consultant. The applicant will obtain a
Bond or an Irrevocable Letter of Credit for the faithful
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February 14, 1989 0013 -16
performance of the installation of the infrastructure at
a sum to be fixed by the Village Engineer and in a form
acceptable to the Village Attorney. The applicant will
offer for dedication to the Village the roads as speci-
fied on said Subdivision Map, as well as all other
utilities which can be dedicated for municipal purposes.
At the time of the offering of dedication to the
Village, the applicant shall provide a Maintenance Bond
in a form and amount approved by the Village Engineer
and Village Attorney. Such Maintenance Bond shall be in
effect for a period of two years after the acceptance of
dedication; and be it
FURTHER RESOLVED, that this Resolution of Final Approval
p
shall lapse if the Final Plat has not been filed in the
Office of the Westchester County Clerk within one year
of this Resolution Date; and it is
FURTHER RESOLVED, that this Resolution shall be binding
on the applicant, its heirs, successors or assigns.
RESOLUTIONS
I
B. DESIGNATION OF MARCH 11th AS REGISTRATION DAY
FOR THE VILLAGE ELECTION
On motion by Trustee Filipowski, seconded by Trustee Ravich,
with a unanimous vote of the Board, the following resolution was
adopted:
REGISTRATION OF VOTERS
MARCH 11, 1989
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 which is 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;
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1311
February 14, 1989 U
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 who shall serve
on Registration Day; and be it
FURTHER RESOLVED, that if said Inspectors of Election
are unable to serve on Registration Day, that the
Village Clerk be authorized to appoint Alternate
Inspectors; and be it
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 11, 1989 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 connection with such
Registration and Election at the expense of the
Village; and it is
FURTHER RESOLVED, that said Inspectors of Election
shall receive the sum of $7 per hour as their
compensation for Registration Day.
C. SUPPORT OF COMMUTER PARKING PROPOSAL FOR SATELLITE LOT
This matter was put over to the February 28th meeting.
NOT ON THE AGENDA
PUBLIC SAFETY STUDY
18 -
February 14, 1989 001. 316'
On motion by Trustee Filipowski, seconded by Trustee Mendicino,
with a unanimous vote of the Board, the following resolution was
adopted:
PUBLIC SAFETY STUDY
RYE BROOK POLICE DEPARTMENT
RESOLVED, that the Mayor be and he hereby is
authorized to negotiate and enter into an
�I Agreement with Carroll Buracker & Associates,
Inc. of Vienna, Virginia to conduct a Public
Safety Study of the Rye Brook Police Department
at a fee not to exceed $30,000.
i
SET PUBLIC HEARINGS for FEBRUARY 28, 1989
D. RYE RIDGE PROFESSIONAL BUILDING -
ZONING CHANGE & SITE PLAN APPROVAL
On motion by Trustee Ravich, seconded by Trustee Smith, the
following resolution was unanimously adopted:
REZONING REQUEST AND
SITE PLAN APPROVAL
RYE RIDGE PROFESSIONAL BUILDING
RESOLVED, that this Board hereby sets Tuesday,
February 28th, 1989, at 8:00 P.M. at the Village
Offices, 90 South Ridge Street, Rye Brook, as the
date, time and place for a Public Hearing to
consider the application submitted by Rye Ridge
Professional Building for a Zoning Change and
Site Plan Approval; and
BE IT FURTHER RESOLVED, that the Deputy Clerk is
hereby authorized to publish the Notice of Public
Hearing in the Official Newspapers of the Village
of Rye Brook.
E. FERRANTE - 6 ARLINGTON PLACE: ENVIRONMENTAL DETERMINATION
(AMENDMENT TO SUBDIVISION RESOLUTION)
On motion by Trustee Ravich, seconded by Trustee Filipowski, the
following resolution was unanimously adopted:
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00.1310
February 14, 1989
FERRANTE/EGAN SUBDIVISION
6 ARLINGTON PLACE
SECTION 1, BLOCK 6, LOT p/o 53.7
ENVIRONMENTAL DECLARATION
RESOLVED,that this Board hereby sets Tuesday,
February 28, 3.989, at 8:00 P.M. at the Village
Office, 90 South Ridge Street, as the date, time
and place for a Public Hearing to consider the
fapplication of Mario & Grace Ferrante for an
Environmental Declaration on the premises located
at 6 Arlington Place; and known on the Tax
Assessment Map of the Village of Rye Brook as
Section 1, Block 6, Lot p/o 53.7; and
BE IT FURTHER RESOLVED, that the Deputy Clerk is
hereby authorized to publish the Notice of said
Public Hearing in the Official Newspaper of the
Village of Rye Brook.
F. MURRAY - 6 HAWTHORNE AVENUE: SUBDIVISION APPLICATION
On motion by Trustee Filipowski, seconded by Trustee Mendicino,
the following resolution was unanimously adopted:
MURRAY SUBDIVISION APPLICATION
6 HAWTHORNE AVENUE
SECTION 1, BLOCK 15, LOT 38
� RESOLVED,that this Board hereby sets Tuesday,
`February 28, 1989, at 8:00 P.M. at the Village
Office, 90 South Ridge Street, Rye Brook, as the
date, time and place for a Public Hearing to
consider the application of Peter J. Murray for
Subdivision Approval on the premises located at 6
Hawthorne Avenue; and known on the Tax Assessment
Map of the Village of Rye Brook as Section 1,
Block 15, Lot 38; and
BE IT FURTHER RESOLVED, that the Deputy Clerk is
hereby authorized to publish the Notice of said
Public Hearing in the Official Newspaper of the
Village of Rye Brook.
20 -
February 14, 198900-136,.2(j
G. EXTENSION OF FIRE CONTRACT WITH PORT CHESTER
On motion by Trustee Mendicino, seconded by Trustee Ravich, the
following resolution was unanimously adopted:
EXTENSION OF CONTRACT
FOR FIRE SERVICES
WITH THE PORT CHESTER FIRE DEPARTMENT
RESOLVED, that this Board hereby sets Tuesday,
February 28, 1989, at 8:00 P.M. , at the Village
Offices, 90 South Ridge Street, Rye Brook, New
York, to consider extending the contract for fire
services to the Village of Rye Brook with the Port
Chester Fire Department for the ensuing year.
BE IT FURTHER RESOLVED, that the Deputy Clerk is
hereby authorized to publish the Notice of Public
Hearing in the Official Newspapers of the Village
of Rye Brook.
NOT ON THE AGENDA
' PROPOSED LOCAL LAW #2 - 1989: AMENDMENT TO ARTICLE VI OF
SECTION 66-14 OF THE ZONING LAW
On motion by Trustee Smith, seconded by Trustee Filipowski, the
following resolution was unanimously adopted:
AMENDMENT TO SECTION 66-14 OF THE ZONING LAW OF THE
VILLAGE OF RYE BROOK
RESOLVED, that a Public Hearing will be held by
`the Board of Trustees of the Village of Rye Brook
on February 24, 1989, at 8:00 P.M. in the Village
Offices, 90 South Ridge Street, Rye Brook, NY to
consider amending the Zoning Law of the Village of
Rye Brook by deleting Subsection C of Section
66-14 thereof.
BE IT FURTHER RESOLVED, that the Deputy Clerk is
hereby authorized to publish the Notice of Public
Hearing in the Official Newspapers of the Village
of Rye Brook.
Mayor Cresenzi set the items for the February 28th agenda as
follows:
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I
February 14, 1989 0 U
AGENDA ITEMS FOR FEBRUARY 28, 1989
APPROVAL OF MINUTES
1. JANUARY 24, 1989
RESOLUTIONS/AGREEMENTS
2. HIGH POINT HOSPITAL: EXTENSION OF TIME - SITE PLAN APPROVAL
3. ACCEPTANCE OF FINDINGS: HERITAGE - FEIS &
RYE BROOK NORTH - FGEIS:
4. RECORDS RETENTION & DISPOSITION
5. AGREEMENT WITH COMPLUS - ALARM BILLING FOR 1989
6. PARKING ON GRANT STREET & ARGYLE ROAD
APPOINTMENTS/AUTHORIZATION
7. CHECK REGISTER AUTHORIZATION
ADJOURNMENT
On motion duly made and seconded, it was unanimously resolved to
adjourn the Meeting at 12:15 A.M.
Respectfully submitted,
iA
Jean A. Marra '..
Deputy Village Clerk
17J
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