HomeMy WebLinkAbout1987-04-28 - Board of Trustees Meeting Minutes AGENDA
VILLAGE BOARD MEETING 1
APRIL 28, 1987
8 : 00 PM
SUBJECT ACTION
MINUTES : NI -a 4-61v(1 _ .
AGENDA MEETING OF MARCH 10 , 1987
REGULAR MEETING OF MARCH 24 , 1987
ANNUAL REORGANIZATIONAL MEETING OF
APRIL 7 , 1987
PUBLIC HEARINGS
1. Special Use Permit
62 Bowman Avenue
( Communications Consulting Business
q 2. Duties of Village Administrator car
3 . Certification of Building Costs aa`
4. Standards for Fire Lanes
5. Flood Control Law
COMMUNICATIONS
/. New York State Commission on Cable
Television —
Re: Order Approving Assignment of
Cable TV Franchise to the Village
of Rye Brook
REPORT
�• Review of Part I of Pace
University Organizational Study —
� U
RESOLUTIONS
�jl Pe Approval of 1987/88 Budget
Calling for Public Hearings to be
J
� Held May 26th
`�i WArchitectural Review Board
Structure
TRevisions to Vehicle &
Trafficw
Calling for Public Hearing to be�
Held June 23
Revisions to Signe
Proc aiming May 1987 Mental
y
Health Month
Appointment of Stan Zak to cable Xrf��st _
c� TV Commission
y Consultant Fees re Wyman Street V
< Townhouses
f�
Modification of Betsy Brown _� . t
" Subdivision Approval
VVVY
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� 1 �G' },
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MINUTES OF A REGULAR MEETING MEETING OF THE
BOARD OF TRUSTEES OF THE
VILLAGE OF RYE BROOK, HELD ON THE
28th DAY OF APRIL, 1987 IN THE
VILLAGE OFFICES, 90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
PRESENT: Mayor Jack L. Kabcenell
Trustee Milton Meiskin
Trustee Mario Nardi
Trustee Salvatore Cresenzi
Trustee Francis Filipowski
ALSO PRESENT: Attorney Georgia Kramer
Treasurer Joseph Cortese
Administrator Christopher Russo
Clerk Jane Saffir Smith
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The Minutes of the meetings held on March 10th, March
24th, and April 7th, 1987 were accepted as presented.
-PUBLIC HEARING - APPLICATION FOR SPECIAL USE PERMIT
62 BOWMAN AVENUE - GARY AND ANGELA STROMBERG
Mayor Kabcenell stated that a Public Hearing on the
Special Use Permit was held on April 23rd, 1985. It was
to allow, in accordance with the then-existing zoning,
the continuance of a special permitted use on Bowman
Avenue. It was now before the Board for a decision as
to whether the Special Use Permit would be continued.
At that time, since the Board was undertaking the Master
Plan for the reconsideration of the entire southern area
of Rye Brook, this matter was put on hold and it gave
the owner the right to continue the use until the Master
Plan was finished and a determination could be made.
The Master Plan recommended that no further special
permitted uses be allowed on Bowman Avenue. This,
however, has been existent. It was indicated to Mr.
Stromberg at the time, that this would not necessarily
be grandfathered, although it could be.
Bruno Gioffre, attorney for applicant, stated that the
applicant's business is as a specialist in writing and
consulting in the development of communication programs
for major corporations in the New York metropolitan area
and its environments. The three years that he has been
using the property have indicated that there has been no
substantial change in traffic or in the appearance of
the building and, in fact, it produces less traffic than
there would be with a doctor, lawyer or architect who
would have people coming and going into the premises.
Mayor Kabcenell said he asked the Village Attorney to
draw up laws, unrelated to what transpired tonight, so
that the Master Plan Study could be implemented, and
there will be no further special uses allowed on Bowman
Avenue. His other question was whether this special
permitted use would run with the land. Should this be
permitted, he recommended that the special use be
restricted to this owner and this one purpose and not to
run with the land for any other purpose in the future.
Mr. Gioffre requested that the Board consider permitting
the use to stay with the land, simply because the Board
has control over a subsequent user. If someone comes in,
whether it be this or another building for any use, when
the ownership changes he must come back and satisfy the
Board because of the special nature of the permit; that
his use is not more owners, that the number of people is
not different, so that control can be had. Any change of
ownership should require a renewal of the permit.
On the motion of Trustee Meiskin, seconded by Trustee
Nardi, the following resolution was adopted:
BE IT RESOLVED that a Special Use Permit for the
property known as 62 Bowman Avenue, Rye Brook, New York
, is hereby granted with the following limitations and
conditions:
1. The property may be used only for a communications
consulting business.
2. There shall be no more than five employees or staff.
3. The hours of operation shall be limited to Monday
through Friday, from 9 A.M. to 5 P.M.
4. There shall be no structural changes or expansion of
the premises.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
a2'
PUBLIC HEARING (CONTINUED)
DUTIES AND RESPONSIBILITIES OF VILLAGE ADMINISTRATOR
On the motion of Trustee Meiskin, seconded by Trustee
Filipowski, the following Local Law was adopted:
BE IT ENACTED that
Section 1: In order to provide the most economical and
efficient overall direction, coordination, and control
J of the day-to-day activities of the Village of Rye
s Brook, to provide centralized direction and control of
Village employees, and to minimize the administration
detail now handled by the Mayor and Trustees and free
them for proper consideration of policy matters, the
position of Village Administrator is hereby established
for said Village.
Section 2. The Village Administrator shall be appointed
by the Board of Trustees and shall remain in the
position at the pleasure of the Board of Trustees. The
position shall be an unclassified position. Compensation
shall be fixed by the Board of Trustees.
Section 3. The Village Administrator shall report to
and be under the supervision of the Mayor and Trustees.
During the absence or disability of the Village
Administrator, the Board of Trustees may designate any
properly qualified person to perform his duties.
Section 4. Subject to the approval, direction and
control of the Mayor and Trustees or in those instances
where approval, direction and control is, by applicable
law reserved to the Mayor, then under the approval,
direction and control of the Mayor, and in accordance
with such rules and regulations as may be promulgated by
the Board of Trustees, the Village Administrator shall:
(a) Supervise and coordinate the activities of
all Village departments.
(b) Oversee and coordinate the work of all
Village employees and implement the personnel
policies, rules and regulations of the
Village.
(c) Recommend to the Mayor and Trustees,
appointments, promotions or dismissals of all
Village employees in accordance with
applicable statutes.
(d) Represent or supervise the representation of,
the Village in collective negotiations with
employees.
3 .
(e) When so designated by the Mayor, prepare, as
Budget Officer, the tentative Budget according
to law.
(f) Control expenditures within amounts
appropriated in the budget by enforcing
administrative controls.
(g) Report the financial condition of the Village
to the Board of Trustees regularly and
recommend needed action.
(h) Supervise the process of purchasing all
materials, supplies and equipment and letting
of all contracts.
(i) Conduct a continuing study of all activities
and functions of the Village with a view to
making recommendations from time to time to
the Mayor and Trustees of measures and
programs that would improve the efficiency and
effectiveness of Village government.
(j) Maintain liaison with other governments and
administrative agencies, but not supplant the
Mayor or Trustees as official representatives
of the Village.
(k) Oversee the response to inquiries by Village
residents and other interested persons
concerning Village government operations and
services.
(1) Attend all meetings of the Board of Trustees
and provide information relevant to agenda
items and questions related thereto.
(m) Serve as the public information officer of the
Village.
(n) Discharge such other duties & responsibilities
as may, from time to time, be assigned to him
by the Board of Trustees.
Section 5. Nothing herein shall be deemed or construed
as abolishing, transferring or curtailing any powers or
duties of the Mayor or Board of Trustees.
Section 6. If any section, subsection or sentence of
this Local Law is for any reason held invalid it shall
not affect the validity of the remaining portions of
this Local Law. All existing locals laws of the
Village, and the duties of heads of departments shall
remain in full force and effect except insofar as they
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conflict with the provisions of this Local Law, in which
case the provisions of this Local Law shall prevail. All
resolutions or parts of resolutions heretofore adopted
or passed by the Board of Trustees conflicting or
inconsistent with this Local Law or any part thereof are
hereby annulled or repealed.
Section 7. This Local Law shall become effective
immediately upon filing with the Secretary of State.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
PUBLIC HEARING - CERTIFICATION OF BUILDING COSTS
On the motion of Trustee Nardi, seconded by Trustee
Filipowski, the following Local Law was adopted:
Section 1. Prior to the issuance of a Certificate of
Occupancy for any structure, the individual or Company
seeking the Certificate of Occupancy shall file with the
Building Inspector, a certified bill of costs listing
all costs of development including but not limited to
engineering charges, architectural fees, engineering
studies and legal fees, interest and bank charges, site
preparation and landscaping costs as well as the cost of
labor and construction materials.
Section 2. Said bill of costs shall be certified by a
licensed engineer or architect in charge of the project.
Section 3. If there is no engineer or architect, the
individual in charge of construction shall make the
certification.
Section 4. If the estimated cost listed in the Building
Permit was understated, the Building Permit Fee shall be
corrected upon receipt of the certified bill of costs.
Section S. This Local Law shall take effect immediately
upon filing with the Secretary of State.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
PUBLIC HEARING - ESTABLISHING OF FIRE LANES
On the motion of Trustee Filipowski, seconded by Trustee
Cresenzi, the following Local Law was adopted:
BE IT ENACTED that
Section 1. Clear, unobstructed roadways shall be
maintained in areas established by the Building
Inspector and the Fire Chief, or their designated
representatives, in areas necessary for access to places
of public assembly, structures of public access and
office buildings and parking lots of ten (10) or more,
and residential subdivisions of ten (10) or more units
of housing. Such roadways shall be designated by the
Building Inspector and the Fire Chief, or their
designated representatives, as Fire Lanes.
Section 2. Fire Lanes shall be of two types:
Fire Lane "A": Emergency access area, located in the
immediate vicinity of structures and fire hydrants for
emergency use only.
Fire Lane "B": Emergency route, streets, roads or
driveways on private property customarily used by
emergency apparatus that lead to emergency access areas
and fire hydrants.
Section 3. Fire Lanes shall be marked in the following
manner:
Fire Lane "A": Curbs side and top painted traffic
yellow. Paved area cross-hatched out four (4) feet from
curbs. Cross hatching shall have six (6) inch wide line
at 45 degree angle to curb extending outward in the
direction of oncoming traffic. Lines shall be two (2)
feet apart.
Standard NO PARKING FIRE LANE signs shall be placed
every fifty (50) feet. They shall be no more than two
(2) feet from curb, no lower than six (6) feet and no
higher than eight (8) feet from street grade to bottom
edge of sign. Signs should be at an angle of 30 degrees
to 45 degrees to oncoming traffic where practicable.
Fire Lane "B": Designated emergency route - curb side
and top shall be painted traffic yellow on side of
street leading to structure and Fire Lane "A" .
Standard NO PARKING FIRE LANE signs shall be placed
every one hundred (100) feet.
Signs shall be no lower than six (6) feet and no higher
than eight (8) feet from street grade to bottom edge of
sign.
Section 4. In residential areas designated Fire Lane
"B" signs spaced every fifty (50) to seventy-five (75)
feet can be substituted for yellow curb, with the
approval of the Building Inspector and/or Fire Chief.
Section 5. Parking in a Fire Lane shall be a violation
of this Local Law and shall be punishable by a fine of
not less than fifty dollars ($50) , no more than two
hundred fifty dollars ($250) , and/or by imprisonment not
to exceed fifteen (15) days.
Section 6. Any individual or company who owns or
manages a place of public assembly, public access or an
office building shall complete the markings required
herein within fifteen (15) days of receiving notice of
the designated Fire Lanes from the Building Inspector
and the Fire Chief, or their designated representatives.
Section 7. Any individual or company who owns or
manages a place of public assembly, public access or an
office building who fails to keep appropriate markers on
the designated Fire Lanes shall be guilty of a violation
of this Local Law. Said individual or company shall be
punishable by a fine of two hundred and fifty dollars
($250) and/or by imprisonment not to exceed fifteen (15)
days. Each day on which the Fire Lanes remain unmarked
shall be a separate violation.
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Section 8. This Local Law shall take effect immediately
and shall supersede any conflicting provisions in
previously enacted laws.
Trustee Meiskin - AYE Trustee Nardi - AYE
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Trustee Cresenzi - AYE Trustee Filipowski - AYE
Mayor Kabcenell - AYE
PUBLIC HEARING - FLOOD CONTROL LAW
On the motion of Trustee Meiskin, seconded by Trustee
Cresenzi, the following resolution was adopted:
RESOLVED that the Public Hearing in connection with
Flood Control be adjourned until May 26th 1987.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
r/ '
COMMUNICATIONS
NEW YORK STATE COMMISSION ON CABLE TV
Mayor Kabcenell stated that this document transfers the
Cable TV franchise to the Village of Rye Brook. It has
been four years that the Village has been asking them to
do this simple process and it has now taken place. This
means that now the Village is not only responsible, but
is capable of being active in creating the kind of
public activities it wants in terms of Cable TV and
also, of getting the income from it, which has been put
in the budget every year but never received. As of now,
when the budget is approved, it will be real. Our thanks
goes to former Trustee Zak for his efforts since 1982 to
effect this transfer.
RESOLUTIONS
CABLE TV COMMISSION
On the motion of Trustee Meiskin, seconded by Trustee
Cresenzi, the following resolution was adopted:
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RESOLVED that Stan Zak, of Jennifer Lane, is
hereby appointed to the Cable TV Commission.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
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REPORT
Mayor Kabcenell stated that he received Part 1 of the
Pace University Organizational Study but because the
Budget was to be acted on tonight, Pace was asked if
they could get us the first section put together which
deals with personnel matters. The purpose of this study
is to provide the Village with an analysis of current
management structures and practices and to make certain
recommendations on management, effectiveness and
efficiency, and enhance interaction between elected and
appointed officials. It will also consider advantages
and disadvantages of appointing an administrator or a
manager to run the day-to-day operations of the Village.
S
This group of professionals came and took a look at
records, operations, talked to personnel, the Board,
heads of departments, members of Boards and Commissions,
look at virtually everything the Village has done for
the last five years: local laws, the budget, zoning
code, tax collection methods, subdivision regulations
you name it, they checked it. They considered the
geographical nature, the socio-economical nature, they
did the demographics, talked about the census, they did
a section on the history, which talked about the
development of Rye Brook, its formation, etc. , and when
i't's all put together, I invite you to read it. From the
reports and findings, this section provides an analysis
of current management practices and structures and it
offers recommendations for their improvement but nothing
in it should be construed as criticism.
RESOLUTIONS
1987/88 BUDGET APPROVAL
Mayor Kabcenell stated that a couple of changes were
made in the tentative budget at the Budget Hearing: an
increase in Special Franchise Assessments which would
produce more income, and a change in the Treasurer's
Office in the direction of the recommendation of the
Pace Study for more time dedicated to the that office.
There was a salary increase for the School Crossing
Guards which is reflected under the police. There is no
final figure for the Highway Dept. because the contract
is still in arbitration.
WHEREAS this Board of Trustees has met at the time
a place specified in the Notice of Public Hearing on the
tentative budget and heard all persons desiring to be
heard,
And on the motion of Trustee Nardi, seconded by Trustee
Filipowski, it is
RESOLVED that the tentative budget, as amended and
revised, is hereby adopted and that the amounts listed
therein for payment of principal and interest on
indebtedness and for the salaries and wages of officers
and employees, hereby are appropriated for the objects
and purposes specified.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
q,
The budget as adopted calls for a tax rate of $56.58 per
thousand for the year 1987/1988.
COLLECTION OF TAXES
On the motion of Trustee Cresenzi, seconded by Trustee
Filipowski,
RESOLVED that the taxes for the fiscal year
1987/1988 be collected as follows:
2/3rds June 1, 1987
1/3rd February 1, 1988
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
_ PUBLICATION OF PUBLIC HEARINGS
On the motion of Trustee Meiskin, seconded by Trustee
Cresenzi,.
BE IT RESOLVED that the Clerk is directed to
publish the necessary notices establishing Public
Hearings on the following matters, to be held on May
26th 1987 at 8 P.M. :
1. Consideration of amendments to the structure of the
Architectural Board of Review.
2. Proposed revisions to the Vehicle & Traffic Law.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
Mayor Kabcenell voting AYE
On the motion of Trustee Cresenzi, seconded by Trustee
Filipowski,
RESOLVED that the Clerk is directed to publish the
necessary notice establishing a Public Hearing on
proposed revisions to the Sign Law, to be held on June
23rd 1987, at 8 P.M.
10. �i
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Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Cresenzi voting AYE
Trustee Filipowski voting AYE
i Mayor Kabcenell voting AYE
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i MODIFICATION OF BETSY BROWN SUBDIVISION APPROVAL.
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Mayor Kabcenell stated that this had to do with a
restriction which was placed -- that there could be no
structure within the flood plain, and a structure now
exists there.
Attorney Kramer said there were also some field
modifications that the developer would like to make, a
customer of his requested that there be slight changes
in his house as previously approved, and they would like
permission from the Board to make those changes.
Trustee Cresenzi said if these were exterior changes,
the matter would be brought back to the Architectural
Review Board.
Attorney Kramer stated that the houses were under
construction now and a change, such as making something
round instead of square, was really very minor, and to
go through another two-month process to permit it,
didn't seem logical as is was really only a minor field
change. Someone wanting to curve a deck rather than
having it straight, is the type of change they would
like the Board to approve.
Trustee Cresenzi stated that he would have a problem
approving a change which he has not seen.
Mayor Kabcenell suggested establishing a format.
Attorney Kramer said we don't really have a provision
for allowing minor field changes. Maybe as a result of
this we should provide that a committee of the Board of
Architectural Review may approve it but, at this moment,
there is no mechanism in place for that type of change
to be short-circuited; it' s a two-month process. There
are two issues here: the first issue is really part of
the second; the plans did not show any structure in the
flood plain.
Stuart Cohen, for the developer, stated that as far as
the changes were concerned, they were selling homes from
plans, and buyers sometimes couldn't visualize what was
being built. He added that they have responded in a
discretionary manner and felt the changes didn't violate
the intent of what the Review Board' s process was.
II.
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In discussing it in the field, the Building Inspector
has been there, and there has been no serious objection.
Some
points are being documented and we are filing "as-
built" drawings at the end. We haven't done a change to
f the form or basic concept of a house; it has been
changing the shape of a deck, changing a type of window
or adding a window. It is not a practical way to make
these changes under the present mechanism, we would have
to stop building.
Mr. Cohen said that other minor changes have been made
and they were filing amended drawings just so they were
on file but there are no changes to the footprints.
Mark ten Eicken, Assistant Building Inspector, said if
changes were made, the developer runs the risk that the
the Review Board will not approve the revision. Mayor
Kabcenell asked why this matter was before the Board of
Trustees, to which Mr. ten Eicken answered because a
member of Planning Board noticed that a deck pier was
located inside a flood retention basin, and it was
,pointed out that the deck was a different shape from the
approved plans, and these changes are commonly taken
back to the Review Board. The deck was changed and the
pier ended up in the flood plain, Mr. ten Eicken
continued, and because of the comments made at the
Subdivision Approval meeting about no structures in the
flood plain, that' s how the confusion arose.
Bernard Klem said he was the Planning Board member who
brought this to attention of the Village Board, and he
disagreed with Mark in that regard. He did not think
that a structural member which is supporting a deck
should be in a flood plain, and should not be referred
;to the Review Board; it was not a matter of architecture
here; we are talking about structural integrity. The
condition of the subdivision approval that the Planning
Board recommended and the Village Board approved, was
that no structure should be permitted in the flood plain
and there is clearly a part of a structure in a flood
plain. The water at the last rainstorm was lapping up
to the footings which support those two structures and
it should be removed to be consistent with the approval
given by the Village Board to allow this subdivision to
go ahead.
Stuart Cohen suggested it be done right since nobody in
his organization was looking to violate any approval.
There is an issue as to whether or not placing a
structure in the flood plain is a contingency of that
approval. The resolution states we should conform to
the Flood Plain Management Regulations of the Village of
Rye Brook. It is in our resolution, and we had to affix
a note to our plan. I have built in flood plains, but
there are printed regulations as to what happens in a
flood plain.
Nowhere is it ever printed that "a structure cannot be
built in the flood plain."
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Trustee Meiskin said he didn't want to get into a
debate, because we are doing the same thing from a
different perspective. You say you have not violated
anything, and yet it seems to me that the agreement you
made with the Village to get approval has been violated,
he concluded.
Stuart Cohen said that this was not a structure.
Mayor Kabcenell said we seem to have a little confusion,
there has been kind of a generic feeling here that the
Board stipulated that there would be no building in the
flood plain; Stuart seems to say what was incorporated
in it was the regulations.
Attorney Kramer stated it was her understanding that
there was a resolution that there would be no building
in the flood plain.
Mark ten Eicken said this particular caveat was not
installed, and there has been some confusion for a year
and two months.
I think you may have some substantiating data, Trustee
Meiskin offered, you might want to do it with a subcom-
mittee; we can't do it here, because we don't have all
the records. Perhaps one or two Board members should sit
down with the Building Inspector and the developer and
go over the agreement which was reached because all of
that is substantial in reaching a final resolution.
While it may not have been in the final resolution, it
may have been incorporated in a discussion regarding the
-final resolution.
A local resident, Ken Heller, stated that during the
last rainstorm the water was lapping up to the area
which was designated as the flood retention area, and
allowing anyone to make an exception would then allow
the other homeowners to make exceptions and the whole
purpose of this flood plain retention was then lost.
The builder could cantilever the deck without putting
supports in the flood plain.
Stuart Cohen said he had to disagree as there are strict
regulations as to what can be done in a flood plain, and
he referred to these regulations which are accepted
everywhere. It is very specific and it is not open to
subjective interpretation.
Trustee Cresenzi said that it was his understanding,
based on the stipulations which were put into the
subdivision approval, that there would be no building in
the flood plain.
13,
One of the examples used that evening was "steel storage
sheds." Trustee Cresenzi then asked how far this footing
was into the flood plain.
Stuart Cohen said he was talking about two 4 x 4
columns; the distance doesn't matter whether it is one
foot or forty feet.
Trustee Cresenzi stated the restriction was made because
the Board didn't want any homeowner doing anything in
the flood plain.
Mayor Kabcenell said it would seem that the issue was
not the posts, but was it the Board's intent that
nothing be put in there; if that can be traced down,
then the question is why should the Board now waive it
related to that.
Bernard Klem stated the Village Board is well aware that
it can require more stringent regulations and can act
accordingly if it so desires.
Attorney Kramer said it was her recollection that this
caveat was included in the resolution of approval of the
subdivision.
Mayor Kabcenell believed that the Board should now see
if it can validate its feelings that there was a
restriction above and beyond what seems to appear in the
document. If there was not any place, then we probably
have a different kind of issue, so we are going to have
to search the documents at this time which would be the
various minutes and see if that appears, and then deal
with it. Obviously there is still an issue to be dealt
_with, but unless we really know that it exists, we are
going around in circles.
Martin Enowitz, the buyer of the home in question, said
one of the things he anticipated doing would be a fence
along the brook for safety reasons, because he has two
small children. Secondly, he stated he went to contract
on the house with the idea at some point of being able
to build a pool on the property, and he could understand
that there may be some very innocent reasons that some
communications have crossed, but he wanted to request
that in the documentation of the meeting, he be brought
into the loop somehow so that he can know exactly what's
going on and what rights he has with the property, so
that he can do the right thing for the Village and his
expectations as well.
If you will stay in contact with the Building Inspector,
you can certainly be made part and parcel of these
discussions so you will know where you stand, Mayor
Kabcenell offered.
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Trustee Nardi asked if the restriction would be in the
deed so that purchasers know what they are allowed to do
or not allowed to do.
Mayor Kabcenell said, unrelated to this issue, it seems
quite likely that if certain restrictions were put in,
the purchaser or a subsequent buyer might not be aware
of these restrictions.
Attorney Kramer stated that usually restrictions are
noted on the subdivision map and when you buy a house
they read the title from the subdivision map, so you are
aware of easements and restrictions, and the subdivision
resolution is public record and you could be made aware
of the restrictions. We haven't always said it has to
be a deed restriction, but it is part of what they take
subject to, because they are easements of record. The
subdivision map is part of their record of title and it
is usually noted on there.
(The tape which was used for the following portion of
the meeting was blank. Therefore, the remaining brief
summary was compiled from handwritten notes taken at the
meeting by the Village Administrator. )
There being no decision reached regarding building in a
flood plain, any further discussions on the matter were
adjourned to the May meeting.
_NOT ON THE AGENDA
On motion duly made and seconded, it was unanimously
RESOLVED, that Edward Beane be retained in the
matter of DeMelia vs. Village of Rye Brook; and be it
FURTHER RESOLVED, that Mr. Beane be paid for his
services at the rate of $125 per hour.
WYMAN STREET TOWNHOUSES - CONSULTANTS FEES
On motion duly made and seconded, it was unanimously
RESOLVED, that Wyman Street Townhouses be required
to deposit the sum of $3,000 in an Escrow Account with
the Village of Rye Brook to pay for the services of
consultants to evaluate the plans and monitor the
development of the site; and be it
i5.
r
i
FURTHER RESOLVED, that sums will be paid to the
consultants from this fend and if there are surplus
funds, they shall be refunded to the developer; if
additional funds are rea;uired, an additional resolution
shall be considered.
ADJOURNMENT
There being no further business to come before the Board
at this time, on motion duly made and seconded, it was
unanimously resolved that the Beard adjourn into
Executive Session to discuss personnel matters.
Respectfully submitted,
Jean A. Marra
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