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HomeMy WebLinkAbout1989-05-23 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MAY 23, 1989 - 8:00 P.M. I PUBLIC HEARINGS 1. ARROWWOOD - DEIS & DEVELOPMENT UNDER PUD REGULATIONS 2. LARIZZA SUBDIVISION - COMLY AVENUE 3. LOCAL LAW #3 OF 1989 - FIRE LANE DESIGNATIONS PLANNING BOARD REFERRALS 4. MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE 5. HERITAGE AT RYE BROOK - REVISED PROPOSAL f SET PUBLIC HEARING DATE 6. SOUND FEDERAL S & L - JUNE 13, 1989 RESOLUTIONS/AGREEMENTS 7. AWARDING OF CONTRACT #89-01 - STREET LIGHTING MAINTENANCE APPOINTMENTS/AUTHORIZATION B. BOARD CHAIRMEN: PLANNING BOARD & ZONING BOARD OF APPEALS 9. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 10. APRIL 25, 1989 & MAY 9, 1989 i NEXT MEETING DATES AGENDA MEETING - JUNE 13, 1989 REGULAR MEETING - JUNE 27, 1989 I ***Recycling Makes a Lot of $ents and Saves Dollars!*** I I 001391 i i MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 23rd DAY OF MAY, 1989 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK i 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. it Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Mendicino Trustee Francis L. Filipowski 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 Jean A. Marra, Deputy Village Clerk x x x x x I g May 23, 1989 00 40� PUBLIC HEARINGS 1. ARROWWOOD - DEIS & DEVELOPMENT UNDER PUD REGULATIONS on motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared open. Howard Breshin, Public Stenographer, Westchester County Courthouse, 111 Grove Street, White Plains, NY 10601, was present for this portion of the meeting and his transcript will become a permanent part of this record. William Null, Esq. requested that the notice be made a part of the Public Stenographer's record. Administrator Russo noted that Westmore News was tape recording the proceedings of the meeting. Jim Donovan, of Frederick P. Clark Associates, briefly outlined the major points covered by the DEIS for the Arrowwood project and noted that any items addressed tonight will be incorporated into the FEIS. The major issues such as traffic, water, garbage, air quality, ground water, topography, airport noise, surface water, visual changes, wildlife, vegetation, noise levels and stream water were covered by Mr. Donovan. On the plus side, he said housing opportunities increase, the tax base increases, there is protection of Blind Brook in the study area, and additional children in the school system. This was referred to the Planning Board, Mr. Null said, and he requested that their findings be made a part of the record. James Sapione, of Hawthorne Avenue, inquired about drainage and Mr. Donovan replied that ponds have been designed to take care of runoff on the site. Bernie Klem, Planning Board member, said the water runoff retention figure of 92% was insufficient as the Village requires 110%. Secondly, the traffic impact study does not appear to be all it seems -- and he would like to know more with respect to Royal Executive Park and High Point Hospital. Thirdly, Mr. Klem pointed out that the County of Westchester is opposed :to any residential development north of Anderson Hill Road and, with respect to Runway 34, the study of noise impact is very slim. 2 - May 23, 1989001, 401 Lastly, but most important, is tree preservation for the project and Mr. Klem said he would like to see the Village Planners direct their attention to this area and take the proposed tree preservation law into consideration. Joel Sachs, attorney for London & Leeds the developers of Royal Executive Park (REP) , expressed his support for the development of Arrowwood. He then raised the "north-south road" issue and pointed out that REP has allowed for this right-of-way. However, he noted that Arrowwood did not make any such allowance and, therefore, at the appropriate time, he would request that REP be released from that restrictive covenant. Mayor Cresenzi indicated that the "north-south road" was supposed to have been an internal road and perhaps exit out to #684, and he said the matter would be looked into. Rocco Circosta noted the Wetlands in the proposed development and requested that the applicant further review this area to ascertain what impacts it would have on adjoining areas. When Trustee Filipowski inquired about road improvements, Mr. Donovan said that issue was addressed in the GEIS and the relative information would be pulled out and incorporated into the FEIS. To answer Trustee Mendicino's question, Mr. Null said there could possibly be basements in the homes built, but there would be an additional expense involved. In response to Trustee Filipowski' s question, Mr. Null said the density in the residential development was over 30 acres -- or approximately 4.6 units per acre. Administrator Russo stated the proposal called for two or three bedroom homes and that he would like to see the DEIS address the impacts if four bedroom homes were built. Mayor Cresenzi announced that there would be an additional ten- day comment period after the close of the Public Hearing to receive written comments but Attorney Beane stated that since June 3rd falls on a Saturday, the comment period should be extended to June 5th. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, it was RESOLVED, that the Public Hearing on the DEIS for Arrowwood be closed and that the public comment period be extended to June 5, 1989. 3 - 00 ? 40 May 23, 1989 2. LARIZZA SUBDIVISION - COMLY AVENUE John Colangelo, the applicant's attorney, stated the public notices were sent out and documentation thereof was given to the Deputy Village Clerk. The Planning Board made a positive recommendation on this sub- division with a vote of 5 to 0, and the Zoning Board of Appeals approved the variance for the existing home on Lot #10 which will now be a corner parcel with the addition of the new road, Mr. Klem said. Trustee Filipowski brought up the possibility of Lot #10 being further subdivided and Mr. Colangelo explained that was in the original proposal but, under the circumstances, the present plan is what's being contemplated at present. In response to Mayor Cresenzi' s questions, Mr. Circosta said that road standards were being reviewed as well as drainage issues. A speaker brought up the issue of tree preservation and Mr. Circosta stated that a landscape architect was working on plans. Mr. Colangelo added that all attempts will be made to save as many trees as possible on the site. Mayor Cresenzi mentioned that most of the property being developed was in the Village of Port Chester. Any work done in Rye Brook will be guaranteed, but any work done in Port Chester will be under their jurisdiction. David Rosen, 504 Comly Avenue, said this project would be a guaranteed destruction of the neighborhood! Even though most of the homes will be in Port Chester, Rye Brook will get all of the traffic. Robert Schneider, 12 Bolton Place, said a driveway was being turned into a road and ten houses were being built -- he said he was opposed to the development. Mr. Colangelo said everyone would like to have vast property behind them but this project was not dissimilar from what has already transpired -- just like Bolton Place. Ken Heller of Lincoln Avenue said if the Village doesn't follow through with its regulations, the people had a valid objection. There should be an ironclad guarantee that trees will not be destroyed or that there will be any water problems. Mayor Cresenzi stated that the Board was dealing with everyone' s rights -- the residents who live there and the people who own the other property and the Village has regulations to be followed to keep everything orderly. 4 - i 001400 May 23, 1989 Mr. Sapione asked why the Board was unwilling to test these matters in court and Attorney Beane explained that sometimes the results could be worse. A brief discussion followed concerning the placement of the new, street and after Mr. Circosta's explanation, Dr. Gentile of 25 Hawthorne Avenue requested that these residents join his group, "Concerned Citizens for the Preservation of Rye Brook" in fighting these piecemeal developments. Thereafter, on motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the Public Hearing was closed and the following resolution was adopted: LARIZZA SUBDIVISION APPROVAL COMLY AVENUE SECTION 1, BLOCK 11, LOTS 3 & 2 RESOLVED, that Subdivision Approval on the premises located at Comly Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lots 3 & 2, is hereby granted to Louis Larizza subject to Approval of a Final Subdivision Resolution being prepared for acceptance at the June 27, 1989 meeting. Mr. Colangelo thanked the Board and then requested that the Village of Port Chester receive a copy of the decision. 3. LOCAL LAW #3 OF 1989 - FIRE LANE DESIGNATIONS Mr. Russo briefly outlined the pertinent changes in the proposed law. In essence, he said, it will give the Building Inspector certain authority and the responsibility of maintaining the fire lanes will be on the owners of the premises. A discussion concerning the spacing of fire lane signs followed and Mr. Russo said that "either/or" could be done -- signs or the cross-hatching. It was pointed out that the cross-hatching could be covered by snow and, therefore, certain signage was still necessary. Mr. Klem said he was opposed to the minimum distance of 50 feet and his recommendation was for 25 foot spacing but Mr. Circosta pointed out that a parking space is approximately 21 feet long. - 5 - 001404 May 23, 1989 Trustee Ravich questioned the distances used to place signs in other municipalities and Mayor Cresenzi said that information would have to be obtained. Thereafter, on motion by Trustee Smith, seconded by Trustee, Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on proposed Local Law #3-1989 be adjourned to June 27, 1989 in order to ascertain the proper distances to be used in the spacing of "No Parking - Fire Lane" signs. PLANNING BOARD REFERRALS 4. MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: MURRAY SUBDIVISION APPLICATION 6 HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 LEAD AGENCY DESIGNATION WHEREAS, the Village Clerk received an application from Peter 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; WHEREAS, this proposal consists of developing six two-family homes on 58,000 square feet of property; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby declares itself as Lead Agency and, as such, is solely responsible for determining what significant impacts the proposed application will have on the environment; and be it FURTHER RESOLVED, that this Board hereby directs the applicant to furnish a Long Form Environmental Assessment Form; and be it - 6 - 00140:1 May 23, 1989 FURTHER RESOLVED, that the applicant previously contributed the amount of $2,000 for consulting fees for environmental impact review, and said balance, as of May 16, 1989, is in the amount of $695.78; and be it FURTHER RESOLVED, that if additional sums are needed for consulting fees, they shall be paid by the applicant; and it is FURTHER RESOLVED, that this matter be, and it hereby is, referred back to the Planning Board this 23rd day of May, 1989 for their review and recommendations on the new plans submitted. Robert Davis, 8 Hawthorne Avenue, read the following letter for the record: "Business requires me to be out of town, therefore, unable to attend the April 25 board meeting. Please do not consider my absence a lack of interest in the proposed new Hawthorne street subdivision. "Let me first request that the members of the Board take a drive down Hawthorne Avenue and look very carefully. I think you will see a lot of restoration activity going on -- new paint, new driveways, overgrown yards being groomed and improved. I welcome you to come into my house and see the restored original hardwood floors, the false ceilings removed and original ceilings repaired, plaster walls restored and many other activities. I am also confident that many of my neighbors would make the same offer. We are working hard to restore the street to its past beauty and character, a street of lovely single family homes, a street of historical significance in Rye Brook. "Now let us review how the contractor views our neighborhood and the village of Rye Brook. His initial proposal for the historic house was and still may be to tear it down. If this is not allowed, he proposed building an apartment complex. He doesn't call it that, but twelve family units in the space available is exactly that. Look at the parking plan. Will a parking lot full of cars look nicer than a green lawn, shrubs and trees? Somehow it seems he sees Hawthorne Avenue different than most of the rest of us. "We are putting hard work and money into improving our street. It seems his interest is to take money out of our street with no concern for the consequences. He is so confident that he can do this that he closed on the property after he was clearly aware of the strong objections of the neighborhood. To reap profit sometimes one must take risks. He has taken that gamble. If the property is zoned to allow him to do this, then the zoning must be changed. - 7 UU1406 May 23, 1989 "I implore the Board to say "no" to this blatant disregard for the community of Rye Brook and the residents of the neighborhood. Thank you for your consideration, and strength and judgment to do what is right. "Respectfully yours, /s/ Robert C. Davis" This is wrong for this area, Mr. Davis said, adding that he will use everything in his power to stop it from happening no matter how long it takes! Mayor Cresenzi said this matter will now go back to the Planning Board for review and it will eventually come back before the Village Board for another Public Hearing. James Sapione stated his group did a lot of work on researching this and he extended his thanks to the Building Inspector and the Clerk' s Office for their help. He added that Hawthorne Avenue was unique and asked that it be safeguarded because it is such a charming street. Some discussion arose concerning Village Law Section 7-738 and Local Law #1 of 1988 which had to do with clustering. Mr. Sapione then asked what the applicant was using in his appli- cation for this project. Mayor Cresenzi replied that on Friday he will have everything for him, adding that the Village has approached clustering as whatever the property could support as single family, would be allowed to be clustered. Dr. Gentile of Hawthorne Avenue asked if 7-738 was confined to a certain zone and Trustee Filipowski said one-family residential areas and this was a two-family zone! Dr. Gentile also expressed his thanks to the Clerk's Office and the Building Dept. and added that they have been extremely helpful. Attorney Beane concluded that all questions will be responded to if they are submitted in an orderly fashion at the appropriate time. 5. HERITAGE AT RYE BROOK - REVISED PROPOSAL On motion by Trustee Mendicino, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: 8 - May 23, 1989 HERITAGE AT RYE BROOK ANDERSON HILL ROAD/KING STREET SECTION 1, BLOCK 4, LOTS 5, 6, 7A & 7A1 PLANNING BOARD REFERRAL WHEREAS, a new application was received from Heritage at Rye Brook for a Rezoning Request from H-1 Hotel Zone, to an R-10 Residential Zone in order to construct 43 clustered homes on the premises located at Anderson Hill Road and King Street and known on the Official Tax Map of the Village of Rye Brook as Parcels 1-4-5, 6, 7A & 7A1; NOW, THEREFORE, BE IT RESOLVED, that this matter be referred to the Planning Board this 23rd day of May, 1989 for their review and recommendations. SET PUBLIC HEARING DATE 6. SOUND FEDERAL S & L - JUNE 13, 1989 Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: PUBLIC HEARING SOUND FEDERAL SAVINGS & LOAN SITE PLAN APPROVAL 115 SOUTH RIDGE STREET RESOLVED, that this Board hereby sets Tuesday, June 13, 1989, at 8:30 P.M. , at the Village Offices, 90 So. Ridge Street, Rye Brook, NY, as the date, time and place for a Public Hearing to consider the application received from Sound Federal Savings and Loan Association for Site Plan Approval which would provide for additional parking spaces on the premises located at 115 South Ridge Street and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 24, Lots 1-A and 26-B; 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. - 9 - 001408 May 23, 1989 RESOLUTIONS/AGREEMENTS 7. AWARDING OF CONTRACT #89-01 - STREET LIGHTING MAINTENANCE On motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT #89-01 STREET LIGHTING MAINTENANCE WHEREAS, proposals for the maintenance of the Village's street lighting were mailed to three vendors; and WHEREAS, on Tuesday, May 16, 1989 the two bids received were publicly opened and read; and WHEREAS, the documents submitted by Byron Electric and Dobart Lighting were reviewed by the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED, that Dobart Lighting of 47 Adams Avenue, Port Chester, New York, is hereby awarded Contract #89-01 for providing the maintenance to the Village's Street Lighting at the bid price of $38.50 per hour; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute the three-year contract with Dobart Lighting; said contract to commence June 1, 1989. APPOINTMENTS/AUTHORIZATION 8. BOARD CHAIRMEN: PLANNING BOARD & ZONING BOARD OF APPEALS Mayor Cresenzi announced that these appointments would be put over to the June 13th meeting. - 10 - 001 400 May 23, 1989 9. CHECK REGISTER AUTHORIZATION Thereafter, on motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: CHECK REGISTER 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: On-Line Checks #2124 - #2278; Hand Checks #8113 - #8122; Payroll Checks #15785 - #15955; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. APPROVAL OF MINUTES 10. APRIL 25, 1989 & MAY 9, 1989 Trustee Filipowski noted that an item in the April minutes had been referred to the May 9th meeting and it was omitted -- the item being the Disclosure of Interest statements for the Police Officers who do side jobs such as snow plowing for the Village. Mr. Russo explained that the officers had refused to sign the disclosure so the idea was abandon. He added, however, that a new instance is coming up with Greg Austin who will be doing some work for the Recreation Dept. and that he has agreed to sign whatever form is necessary. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the Minutes of April 25th and May 9th, 1989 were accepted as presented. Trustee Mendicino announced that Park Avenue School was celebrating their 60th Birthday and suggested that the Village acknowledge it in some fashion. - 11 - May 23, 1989 0014110 i NEXT MEETING DATES AGENDA MEETING - JUNE 13, 1989 at 8:30 P.M. And Mayor Cresenzi noted that there will be a joint meeting of the Village Board and the Planning Board on Tuesday, May 30th at 7:30 P.M. ADJOURNMENT At this time, there being no further business to come before the Board, on motion duly made and seconded, it was unanimously resolved to adjourn the Meeting at 10:35 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 181 - 12 -