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HomeMy WebLinkAbout1988-05-24 - Board of Trustees Meeting Minutes �I VILLAGE OF RYE BROOK _ BOARD OF TRUSTEES REGULAR MEETING MAY 24, 1988 8:00 P.M. PUBLIC HEARINGS 1. Rye Ridge Shopping Center/Merritt & Holby - (to be adjourned) Rezoning Approval and Preliminary Site Plan Approval 2. Lot Area Coverage - (Formerly Floor Area Ratio) Proposed Local Law #2 - 1988 3. Noise Regulations - Proposed Local Law #3 - 1988 4. Terms of Office - Proposed Local Law #4 - 1988 RESOLUTIONS/AGREEMENTS 5. Establishing Fee for Certificate of Residency 6. Westerleigh Court - Dedication of Road (Iorio Subdivision) APPOINTMENTS/AUTHORIZATION 7. Assistant Building Inspector 8. Records Access Officer(s) 9. Check Register Authorization REPORTS 10. Anthony J. Posillipo Center - Parking Proposal APPROVAL OF MINUTES April 19, 1988 April 26, 1988 May 10, 1988 NEXT MEETING DATES June 14, 1988 - Agenda Meeting June 28, 1988 - Regular Meeting Rye Brook Village Offices are Handicapped Accessible 004/ 0615 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 24th DAY OF MAY, 1988 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE REGULAR MEETING The regular meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:00 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 Robert J. Ravich Trustee Michele R. Mendicino Trustee Jane Saffir Smith Also present were: Christopher J. Russo, Village Administrator Georgia Kramer, Corporation Counsel Rocco V. Circosta, Director of Public Works Robert P. Gerardi, Acting Asst. Building Inspector Frank P. Sesta, Village Accountant Jean A. Marra, Deputy Village Clerk x x x x x i 001066 May 24, 1988 MOMENT OF SILENCE At this time, Mayor Cresenzi declared a moment of silence in memory of the late James Jackson, Town of Rye Receiver of Taxes, and for the passing of U.S. District Judge Richard J. Daronco. PUBLIC HEARINGS 1. Rye Ridge Shopping Center/Merritt & Holby - Rezoning Approval and Preliminary Site Plan Approval On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared open. Thereafter, on motion duly made and seconded, it was unanimously RESOLVED, that the Merritt & Holby matter be, and it hereby is, adjourned until June 14, 1988. 2. Lot Area Coverage - (Formerly Floor Area Ratio) Proposed Local Law #2 - 1988 The Planning Board and Zoning Board of Appeals spent consider- able time on this, Mr. Circosta stated, adding that in order to provide more open space, the proposed percentages were estab- lished for the different zones. Mr. Circosta then continued by explaining the existing percentages versus the proposed changes for the separate zones. A member of the Planning Board, Bernard Klem, requested that the word "residential" be added to the proposed law. This would prevent building to the maximum in the building enve- lope, Mayor Cresenzi stated, and Trustee Smith said she thought that the proportions was still too large for the smaller lots. - 2 - 001067 May 24, 1988 Mr. Ken Heller said he would like to see more restrictions placed on the size of second-story decks. There should be more restrictions on second-floor coverage, Mr. Klem stated, and he was of the opinion that coverage should be less than the first floor coverage allowed. It was explained by Mr. Circosta that the first floor could be smaller than what is allowed and the second story could be built larger; but in no event, could the second floor exceed what is permitted for the first floor. Mr. William Cuddy suggested that the accessory use be increased to allow for two and three-cararo es. 9 9 To answer to Trustee Filipowski's question, Mr. Circosta stated that these percentages would be followed for all construction, not just for new construction. In reply to another question raised by Trustee Filipowski, Mr. Circosta stated that as a starting point, the R-2F zone was used and the apartment size was examined and it was worked on from that basis. When asked a question on the size of second-floor decks by Mayor Cresenzi, Mr. Circosta responded that the BAR would review each application on an individual basis. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on Lot Area Coverage, proposed Local Law #2 - 1988, be and it hereby is adjourned to June 14, 1988. 3. Noise Regulations - Proposed Local Law #3 - 1988 Administrator Russo presented an overview of the proposed law which designates starting and stopping times for when certain noise is permitted and noted that this law also included time restrictions for the weekends. - 3 - 0(11068 May 24, 1988 Mr. Ken Heller questioned the "unreasonableness" of noise to which Attorney Kramer responded that the persons enforcing the law will be reasonable in their interpretation and the courts, if necessary, will be the ones to determine what is reasonable or unreasonable. Mr. Klem suggested that the word "commercial" be added to Section Four which deals with loudspeakers and amplification devices. However, a local resident requested that it not be restricted to commercial uses only because sometimes she can hear music coming from a party four blocks away. A woman residing very near the Rye Ridge Shopping Center stated that she has been awakened by delivery trucks as early at 5:00 A.M. and the police were called but no summonses were ever issued. She said the main problem seemed to be the lack of enforcement. It didn't matter what law was passed; if it wasn't enforced, it would be useless, she added. Mr. Heller questioned special exceptions, like cutting grass especially after four weeks of rain to which Mayor Cresenzi replied that cutting a lawn or running a motorcycle for four hours was a little different than using a snow blower very quickly. Thereafter, on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, this Board has met on the date, at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law #3 - 1988 and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Noise Regulations as Local Law #2 - 1988 and orders that said law, as so amended and adopted, by herein inserted and made a part of the minutes of this meeting. - 4 - 001 ()0 May 24, 1988 LOCAL LAW NO. 2 - 1988 NOISE REGULATIONS Section One: Repeal of Existing Provisions Local Law #37 - 1984 entitled "Unnecessary Noise" is hereby repealed and replaced by this local law. Section Two: Purpose The purpose of this local law is to prohibit those unreasonably loud, disturbing and unnecessary noises which are of such character, intensity and/or duration to be a detriment to the general welfare of the residents of the Village of Rye Brook. Section Three: Prohibited Acts It shall be unlawful for any person, firm or corporation to wilfully do, or cause, or allow to be done, any of the following: A. To make, or cause to be made, any unnecessary or unusual noise which annoys, injures or endangers the comfort, repose, health, safety or welfare of others. B. To operate any unreasonably noisy machinery, vehicle, power tools, or gardening equipment; pump, exhaust fan, attic fan, air conditioning apparatus, or other mechanical device; television, radio, tape player, phonograph, musical instrument; the loading and unloading of vehicles; or the use of any instrument not specifically enumerated herein which annoys, injures or endangers the comfort, repose, health, safety or welfare of others. C. To harbor any animal that barks, whines, howls, or makes any other noise for a period of ten (10) minutes or more at a volume which can be heard anywhere beyond the owner's premises. Section Four: Loudspeakers and Amplification Devices The use of loudspeakers, public address systems, horns, sound trucks, or other sound amplification devices which carries beyond the boundaries of the property on which it is located are hereby prohibited except for the following: A. On municipal athletic fields and parks, on school athletic fields and on grounds of clubs in connection with athletic and sporting events, provided a permit has been issued for same by the Building Inspector or his designee. - 5 - 001 WA) May 24, 1988 Section Five: Time Limitations No person, firm or corporation shall operate any machinery or construction equipment, such as a pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other device that makes noise which carries beyond the boundaries of the property on which it is located between the weekday hours of 9:00 P.M. and 8:00 A.M. ; and, on Saturdays and Sundays, between the hours of 9:00 P.M. and 9:00 A.M. Section Six: Exceptions A. In cases of emergency, and upon written permission from the Building Inspector or Police Department, a special exception for the use of noisy equipment may be permitted. B. Sirens and other warning devices used by the police, fire, ambulance, civil defense and other vehicles engaged in emergency and/or official functions. C. This local law shall not apply to operations conducted, or caused to be conducted, by the Village of Rye Brook as part of its municipal functions. Section Seven: Violations/Penalties A. Both the owner of any machinery or equipment and its operator shall be deemed in violation of this local law. B. Any person, firm or corporation violating any provision of this local law shall be guilty of an offense and punish- able, upon conviction thereof, by a fine, not exceeding $250; or to imprisonment, not exceeding fifteen days; or both such fine and imprisonment for each offense; and each day in which such violation shall continue, shall constitute a separate offense. Section Eight: Applicability This local law shall apply only to the incorporated area of the Village of Rye Brook. Section Nine: Severability If any clause, sentence, paragraph or section of this local law shall be adjudged by any competent court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof which shall remain in full force and effect. Section Ten: Effective Date This local law shall take effect immediately upon filing in the Office of the Secretary of State. - 6 - 0010x' 1 May 24, 1988 4. Terms of Office - Proposed Local Laws #4 & #5 - 1988 It was stated by Mayor Cresenzi that there are a few additional items he would like to see added to thero osed laws such as P P the use of alternates, increasing the membership on the Planning Board from five to seven members or a requirement for attendance throughout the year. Mr. Heller requested that minutes of the Planning Board and Zoning Board of Appeals be taken, reviewed and approved. To which Mr. Circosta stated that the meetings are taped and then submitted to the Boards for their acceptance. Following a brief discussion, Mayor Cresenzi requested Attorney Kramer to redraft the proposed local laws. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on proposed Local Laws #4 & 5 - 1988, be and they hereby are adjourned to June 14, 1988. At this time, on motion by Trustee Ravich, seconded by Trustee Smith, the following resolution was unanimously adopted: BRUNO M. PONTERIO WHEREAS, Bruno M. Ponterio has served the Rye Brook community for the past twenty-five years through civic involvement and in his professional position as Assistant Principal and then as the Principal of the Ridge Street School; Assistant District Principal; and on four different occasions, as Acting Superin- tendent of the Blind Brook School District; and WHEREAS, in addition to his remarkable professional commitment to education in the Rye Brook community, Bruno M. Ponterio has served on numerous community service organi- zations including his current position as Trustee of the Port Chester/Rye Brook Public Library; and 7 - May 24, 1988 001072 WHEREAS, the Rye Brook Board of Trustees is desirous of acknowledging this outstanding resident on the occasion of his 25th Anni- versary with the Blind Brook School District; NOW, THEREFORE, BE IT RESOLVED, that Bruno M. Ponterio be, and he hereby is, commended for his extraordinary commitment and dedication to the wellbeing of the youth of the Village of Rye Brook. Dated: May 24, 1988 Salvatore M. Cresenzi Mayor of Rye Brook RESOLUTIONS/AGREEMENTS 5. Establishing Fee for Certificate of Residency The Deputy Clerk, Sean Marra, explained the procedure involved in issuing a Residency Certificate and added that the request for such a certificate has increased since many schools in the area are requesting this document for enrollment purposes. Trustee Filipowski requested that the document be changed slightly to include that on the date the person appeared, that person was a resident to which Ms. Marra said it would be changed. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with Trustee Filipowski voting nay, the following resolution was adopted: CERTIFICATE OF RESIDENCY WHEREAS, many schools in the area are requesting that persons applying for enrollment obtain from their Village Clerk a certificate verifying their residency in that community; and WHEREAS, there has also been an increased demand for these Residency Certificates from the Department of Immigration; and - 8 - May 24, 1988 001.073 WHEREAS, these certificates require an original to be prepared, signed, sealed and copied, as well as copying all other documentation submitted for verification; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby estab- lishes a fee of Two Dollars ($2) for a Certificate of Residency issued by the Village Clerk. 6. Westerleigh Court - Dedication of Road (Iorio Subdivision) Mr. Circosta stated that he has received documentation from the developer and he is in the process of preparing a "punch list" which will be presented at the June 28th meeting. APPOINTMENTS/AUTHORIZATION 7. Assistant Building Inspector Administrator Russo announced that he was happy to recommend Bob Gerardi for the position of Assistant Building Inspector, and on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous _ vote of the Board, the following resolution was adopted: ASSISTANT BUILDING INSPECTOR RESOLVED, that Robert P. Gerardi, of 433 Elm Street, Port Chester, be, and he hereby is, provisionally appointed as Assistant Building Inspector, effective June 1, 1988; and be it FURTHER RESOLVED, that Mr. Gerardi be compensated at the annual salary of $31,000. 9 - May 24, 1988 0107 4 8. Records Access Officer(s) Administrator Russo explained that a Records Access Officer must be appointed for the Village pursuant to the regulations of the Freedom of Information Law, and on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RECORDS ACCESS OFFICER(S) WHEREAS, under the regulations of the Freedom of Information Law (Public Officers Law, Section 100 - 111) , a Records Access Officer must be appointed to coordinate the Village' s response to public requests for records; NOW, THEREFORE, BE IT RESOLVED, that the Christopher J. Russo, Village Administrator and Jean A. Marra, Deputy Village Clerk, be and they hereby are appointed as the Records Access Officers for the Village of Rye Brook effective immediately. 9. Check Register Authorization On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: ` CHECK REGISTER RESOLUTION WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: Payroll Checks #13292 - #13477; Combined Check Register #8838 - #8961; Combined Check Register (Hand Checks) #5358 - 5383. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and author- izes payment thereof. - 10 - May 24, 1988 U 0 i V e 5 REPORTS 10. Anthony J. Posillipo Center - Parking Proposal Administrator Russo explained that he is looking into alternate plans for parking at AJP such as the corner of Ridge Street and Garibaldi since an easement would be needed from the state to gain access to the rear of the center. i Some topographical work would have to be done regarding the creation of parking on the corner lot because of the steep terrain, the Administrator said, and Mayor Cresenzi requested that Mr. Circosta obtain some estimates so this matter could be discussed more fully at the June 14th meeting. In answer to Trustee Mendicino's question, Mr. Russo replied that if any funding was available at all, it would come from the Westchester County Urban County Program but not until the 1990's and only if the Village qualified for it. Some discussion followed regarding access to rear parking at AJP through the front of the center, the state's reluctance in granting the easement off Ridge Street, the tentative expansion of I-287, the number of spaces available at the corner lot, and the possibility of "grass-creting" the area. APPROVAL OF MINUTES On motion.,duly made and seconded, the Minutes of April 19, 1988; April 26, 1988 and May 10, 1988 were unanimously approved as presented. ADJOURNMENT On motion by Trustee Ravich, seconded by Trustee Smith, the Board of Trustees adjourned into Executive Session at 9:25 P.M. to discuss personnel matters. Respectfully submitted, Jean A. Marra Deputy Village Clerk - 11 -