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HomeMy WebLinkAbout1987-05-26 - Board of Trustees Meeting Minutes ; G JM AGENDA RYE BROOK VILLAGE BOARD MEETING MAY 26 , 1987 8 : 00 P.M. MINUTES PUBLIC HEARINGS 1. Proposed Local Law re: Structure of Architectural. Review Board 2. Proposed Local Law re: Amendments to Vehicle & Traffic Law es� 3 . Proposed Local Law re: Public Officers Law - Section 18 4 . Proposed Local Law re: Flood Control RESOLUTIONS /- 1 . In Support of E911 System - Police Chief Gendalia 2 . Calling for Public Hearing June 23rd re: Amendment to Police Alarm Law to Include Fire Alarms 3 . Authorizing Mayor to Enter into Agreement with NYS for the Removal of Snow & Ice from State Roads APPOINTMENTS 1 . Various Board and Commissions G'S 2 . Deputy Village Clerk g 000759 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 26th DAY OF MAY, 1987 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Village Board was called to order by Mayor Kabcenell at 8:10 P.M. and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Jack Kabcenell Trustee Milt Meiskin Trustee Mario Nardi Trustee Sal Cresenzi Trustee Frank Filipowski Also present were: Christopher J. Russo, Village Administrator Georgia Kramer, Village Attorney Jane Saffir Smith, former Village Clerk Jean A. Marra, Deputy Village Clerk 090 760 May 26, 1987 PUBLIC HEARINGS On motion by Trustee Cresenzi, seconded by Trustee Nardi, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared open. The Affidavits of Publication and the Posting of the Notices of Hearing were presented by the Clerk for the record. 1. PROPOSED LOCAL LAW - STRUCTURE OF ARCHITECTURAL REVIEW BOARD Mayor Kabcenell explained that the Architectural Review Board originally had seven members which was later changed to eight. Now, he stated, there would be five members; each for a term of three years. It was stated by Attorney Kramer that the proposed local law was substantially the same as the prior one except for Section 12 - Expenditures, which authorized the B.A.R. to make certain expenditures for assistance by experts as well as for clerical help. Mr. Bernard Klem, a member of the Planning Board, requested that the Village Board encourage the Review Board to meet more frequently with the Planning Board since some factors could impact on the Planning Board's decision in certain matters. The Chairman of the Board of Architectural Review had suggested that also, the Mayor stated, adding that the arrangement would be set up. Thereafter, on motion by Trustee Meiskin, seconded by Trustee Cresenzi, it was resolved by a unanimous vote of the Board that the following be adopted: - 2 - 000761. May 26, 1987 WHEREAS, this Board has met on this date, at the time and place specified in the Notice of Public Hearing, to consider the adoption of proposed Local Law #4 - 1987 and has heard all persons desiring to be heard thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law #4 - 1987, Board of Architectural Review, and orders that said Local Law #4, as so adopted, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW NO. 4 - 1987 A Local Law entitled BOARD OF ARCHITECTURAL REVIEW of the Village of Rye Brook BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: SECTION 1. FINDINGS OF FACT The Board of Trustees of the Village of Rye Brook finds that certain undesirable effects may arise from an extreme design of buildings, structures or signs. Excessive uniformity of nearby structures and excessive incongruity of a building, structure or sign in proximity with more typical buildings, structures or signs may adversely affect the desirability of a neighborhood by reason of comfort, general welfare of the inhabitants, stability of assessed valuation; and further, it may so depreciate the immediate vicinity that a disproportion exists between the taxes and the costs of municipal services. - 3 - May 26, 1987 000762 SECTION 2. PURPOSE The purpose of this local law is to supersede Local Law #1 - 1983 and to promote and protect the health, safety, comfort and general welfare of the community by preventing excessive uniformity, poor quality of design in the exterior appearance of buildings and excessive incongruity of design of buildings, structures or signs in proximity with more typical buildings, structures or signs to encourage the most appropriate use of the land, to promote the public prosperity and conserve the value of buildings, structures or signs and property. SECTION 3. BOARD ESTABLISHED There is hereby created a Board of Architectural Review which shall consist of five (5) members who shall serve without compensation. All members of the Board shall be residents of the Village of Rye Brook and shall be specially qualified by reason of the training or experience in architecture, land development, city planning, real estate, landscape architecture or other relevant business of profession or by reason of civic interest and sound judgment to judge the effects of a proposed building, structure or sign upon the desira- bility, property values and development of surrounding areas. The members of the Board shall be appointed and the Chairman thereof shall be designated by the Board of Trustees. SECTION 4. TERM ESTABLISHED The term of office of each member shall be three (3) years, except that the initial appointments of two members shall be for one year; two members for two years; and one member for three years. The Board of Trustees shall have the power to remove any member for cause after a public hearing. SECTION 5. VACANCIES Vacancies shall be filled by the Board of Trustees for the unexpired term of any member whose place has become vacant. The Board of Architectural Review shall appoint its acting Chairman and Secretary. - 4 - May 26, 1987 `4 0 763 SECTION 6. MEETINGS AND HEARINGS Meetings of the Board of Architectural Review shall be held at the call of the Chairman and at such other times as the Board may determine, but shall be held within eighteen (18) days of the date of any application for a building permit referred to the Board, as required in Section 5 of this local law. The Chairman or, in his or her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. A majority of said Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall also keep records of its examinations and other official actions. SECTION 7. RULES AND REGULATIONS The Board shall have the power, from time to time, to adopt, amend and repeal rules and regulations not consistent with law or the provisions of this local law governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in Section 6 hereof. Such rules and regulations and amendments thereto shall be approved by the Board of Trustees and a copy thereof shall be filed in the Clerk's Office. SECTION 8. APPROVAL OF BUILDING PERMIT APPLICATIONS Every application for a permit for the construction, reconstruction or alteration of, or addition to, the exterior of any building, accessory building, structure or sign within the Village of Rye Brook, shall be referred by the Building Inspector to the Board of Architectural Review within five (5) days of the date of the application provided it conforms in all respects to all other applicable laws and ordinances. However, any application for a permit made in conformity with a variance granted by any Appeal Board having jurisdiction shall not be subject to the provisions of this section with respect to the matter on which the Appeal Board has ruled. - 5 - 000764 May 26, 1987 SECTION 9. DISAPPROVALS The Board of Architectural Review may disapprove any application for a permit referred to it provided that such disapproval shall be by the majority vote of Board members, and provided that the Board finds that the building, structure or sign for which the permit was applied would, if erected, be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects set forth in Section 1 by reason of: a. Excessive similarity to any other building, structure or sign existing or which a permit has been issued or to any other building, structure or sign included in the same permit application, facing upon the same street and within 250 feet of the proposed site, in respect to one or more of the following features of exterior design and appearance: 1. Apparently identical facade; or 2. Substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street, including reverse arrangement; or 3. Other significant identical features such as, but not limited to, material, roof line and height or other design elements, provided that a finding of excessive similarity shall state not only that such similarity exists, but further that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in Section 1. b. Excessive dissimilarity or inappropriateness in relation to any other building, structure or sign existing or for which a permit has been issued, or to any other building, structure or sign included in the same permit application facing upon the same street and within 250 feet of the proposed site in respect to one or more of the following features: 1. Cubical contents; 2. Gross floor area; 3. Height of building or height of roof; 4. Other significant design features such as material or quality of architectural design; - 6 - 5 May 26, 1987 provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such dissimilarity or inappropriateness exists but further that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in Section 1 and that the finding is not based on personal preference as to taste or choice of architectural style. C. The Building Inspector shall refuse any permit application disapproved as provided in Section 9. If the Board of Architectural Review shall approve or fail to act on any permit application referred to it under Section 7 within thirty (30) days of the date of such application, the Board shall be deemed to have approved said application. Notwithstanding the above, the time limit can be extended to sixty (60) days if the Board of Architectural Review certifies that such additional time is necessary because of the scope or difficulty of the project. SECTION 10. APPEALS Any person aggrieved by the action of the Board of Architectural Review in disapproving a permit application and of the Building Inspector in denying such permit because of such disapproval, may take an appeal therefrom. The appeal from a disapproval of a permit application with respect to a one or two-family house, or an accessory building or structure relating to a one or two-family house or with respect to a sign, shall be to the duly constituted Zoning Board of Appeals of the Village of Rye Brook in the same manner as is provided for the zoning appeals. Such Zoning Board of Appeals, after proceeding in the same manner as is provided for zoning appeals, and with the same power and authority therein vested in passing upon appeals before it under the provisions of law and the Zoning Ordinance of the Village of Rye Brook, and in the exercise thereof, may reverse or affirm the action of the Board of Architectural Review and of the Building Inspector. The appeal from a disapproval of a permit application with respect to buildings or structures other than one or two- family houses and signs shall be to the Village Board which shall consider the application de novo. - 7 - 1 000766 May 26, 1987 SECTION 11. CONSULTATIONS The Board of Architectural Review may consult with and advise the Planning Board with respect to proposed constructionsand developments which are being considered by,the Planning Board. SECTION 12. EXPENDITURES The Board of Architectural Review shall have the power and authority to employ experts, clerks and a secretary to pay for their services and other expenses as may be necessary and proper, not exceeding the appropriations provided in the budget. SECTION 13. EFFECT This local law shall supersede Local Law #1 - 1983 and become effective immediately upon filing in the Office of the Secretary of State. 2. PROPOSED LOCAL LAW - AMENDMENTS TO VEHICLE & TRAFFIC LAW Attorney Kramer requested that this matter be adjourned so she may be permitted to meet with the Traffic Commission to discuss this proposed law. On motion by Trustee Meiskin, seconded by Trustee Nardi, it was unanimously RESOLVED, that the proposed local law regarding amendments to the Vehicle and Traffic Law of the Village of Rye Brook be adjourned to June 23, 1987. 3. PROPOSED LOCAL LAW - PUBLIC OFFICERS LAW - SECTION 18 It was explained by Mayor Kabcenell that the Board desired to extend the benefits of Section 18 of the Public Officers Law to include its own officers and employees against any liability through the purchase of a suitable policy of insurance. - 8 - 000767 May 26, 1987 Thereafter, on motion by Trustee Meiskin, seconded by Trustee Cresenzi, it was resolved, by a unanimous vote of the Board, that the following be adopted: WHEREAS, this Board has met on this date, at the time and place specified in the Notice of Public Hearing, to consider the adoption of proposed Local Law #5 - 1987 and has heard all persons desiring to be heard thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law #5 - 1987, conferring the benefits of Section 18 of the Public Officers Law upon the officers and employees of the Village of Rye Brook, and orders that said Local Law #5, as so adopted, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW NO. 5 - 1987 A Local Law Conferring the Benefits of Section 18 of the Public Officers Law upon the Officers and Employees of the Village of Rye Brook BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: 1. PURPOSE: The Board of Trustees has determined that the enactment of Section 18 of the Public Officers Law, entitled "Defense and Indemnification of Officers and Employees of Public Entities," was added to the law to benefit both the officers and employees of a public corporation and the members of the public at large. It is the desire of the Board of Trustees to extend the benefits of said section to its own officers and employees, and to purchase insurance from any insurance company created by or under the Laws of the State of New York, or authorized by law to transact business in this state, against any liability imposed pursuant to the provisions of Section 18. 9 - Ii 000768 May 26, 1987 2. BENEFITS: The benefits of Section 18 of the Public Officers Law shall be benefits which are conferred upon officers and employees of the Village of Rye Brook, as such officers and employees are defined by Section 18 of the Public Officers Law, including any former officer or employee, his estate, or judicially appointed personal represen- tative. 3. LIABILITY: The Village of Rye Brook shall be liable for all costs incurred under these provisions. 4. INSURANCE: The Village of Rye Brook is hereby authorized and empowered to buy a suitable policy of insurance from any insurance company created by or under the Laws of the State of New York, or authorized by law to transact business in this state, against any liability imposed by the provisions of Section 18 of the Public Officers Law and the enactment of this local law. 5. SEVERABILITY: Should any provision of this local law be determined to be illegal or unconstitutional by a Court of competent jurisdiction, then such determination shall not affect any other provision of this local law. 6. EFFECTIVE DATE: This local law shall become effective immediately upon filing in the Office of the Secretary of State in accordance with the Municipal Home Rule Law. 4. PROPOSED LOCAL LAW - FLOOD CONTROL It was explained by Attorney Kramer that the accompanying maps for this proposed local law were still being worked on and she requested that this matter be put over. - 10 - 000769 May 26, 1987 Thereafter, on motion by Trustee Cresenzi, seconded by Trustee Flipowski, it was unanimously RESOLVED, that the proposed local law regarding Flood Control for the Village of Rye Brook be adjourned to June 23, 1987; and be it FURTHER RESOLVED, that the Clerk is hereby requested to republish said Notice of Public Hearing and to Post the Notice thereof. At this time, on motion by Trustee Flipowski, seconded by Trustee Cresenzi, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared closed. RESOLUTIONS 1. IN SUPPORT OF E-911 SYSTEM A summary of the Enhanced 911 System was given by Mayor Kabcenell and Police Chief Frank Gendalia added that at a recent meeting of the Westchester County Association of Chiefs of Police a resolution was forwarded to the Office of the County Executive endorsing the system and requesting its implementation. Chief Gendalia then explained that the proposed system would permit county residents to dial emergency calls which would automatically be routed to the correct dialing location. He added that this system could be used by children, senior citizens and the disabled. The cost, Chief Gendalia said, would be derived from real property taxes and a monthly telephone surcharge. The cost would be absorbed by each community even if the system was not utilized by them, Chief Gendalia replied to Mayor Kabcenell's question. The Chief added that if the concept was accepted, the details for receiving calls would have to be worked out and hopefully, the system would be activated sometime in 1988. - 11 - 000770 May 26, 1987 When asked by Mr. Jules Harris about additional staffing, the Police Chief replied that he was uncertain of that at the present time. For now, he added, the monies would be used for the cost and maintenance of the proposed system. Thereafter, on motion by Trustee Meiskin, seconded by Trustee Nardi, it was resolved, by a unanimous vote of the Board, that the following Resolution be adopted: WHEREAS, the time has come for Westchester County to Bring emergency response communication up to the state-of-the art; and WHEREAS, the Westchester County Chiefs of Police Association has unanimously endorsed the proposed Enhanced 911 System which represents the most cost- effective concept available for emergency notifications; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, New York, hereby supports this concept and urges the County of Westchester to move forward with its implementation; and be it FURTHER RESOLVED, that a certified copy ` of this Resolution be sent to the Office of the County Executive of the County of Westchester. 2. SET PUBLIC HEARING - AMENDMENT TO POLICE ALARM LAW TO INCLUDE FIRE ALARMS Mayor Kabcenell explained that a Public Hearing was necessary in order to implement an amendment to the Police Alarm Law and on motion by Trustee Nardi, seconded by Trustee Flipowski, the following was adopted by a unanimous vote of the Board: - 12 - i 000771 May 26, 1987 RESOLVED, that this Board hereby sets June 23, 1987 at 8:00 P.M. in the Village Offices, 90 South Ridge Street, Rye Brook, New York, as the date, time and place for a Public Hearing to discuss a proposed local law to amend the Alarm Law to include Fire Alarms; and be it FURTHER RESOLVED, that the Clerk is hereby requested to publish said Notice of Public Hearing and to Post the Notice thereof. 3. AUTHORIZATION - AGREEMENT WITH NYS FOR THE REMOVAL OF SNOW AND ICE FROM STATE ROADS It was stated by Mayor Kabcenell that this agreement was entered into every year with the State of New York, and on motion by Trustee Nardi, seconded by Trustee Meiskin, it was unanimously RESOLVED, that the Mayor is hereby authorized to enter into an agreement with the State of New York for the removal of Snow and Ice from State Roads located within the Village of Rye Brook. APPOINTMENTS 1. VARIOUS BOARDS AND COMMISSIONS The proposed names for various Boards and Commissions was presented by Mayor Kabcenell, and on motion by Trustee Nardi, seconded by Trustee Meiskin, with a unanimous vote of the Board, it was RESOLVED, that this Board hereby makes the following appointments, with all terms to expire at the end of the Official Year on the dates so indicated: - 13 - 0007.72 May 26, 1987 I, ARCHITECTURAL BOARD OF REVIEW Amerigo Liberati, for a term to expire on May 31, 1988 John Maiello, for a term to expire on May 31, 1988 Alan Briskman, for a term to expire on May 31, 1989 Ed Sprunger, for a term to expire on May 31, 1990 Walter Niles, for a term to expire on May 31, 1990 PLANNING BOARD Eugene Strum, for a term to expire on May 31, 1992 ZONING BOARD OF APPEALS Joel Hecker, for a term to expire on May 31, 1992 TRAFFIC COMMISSION Donald Gerstenzang, for a term to expire on May 31, 1990 Catherine Marks, for a term to expire on May 31, 1990 RECREATION & PARKS COMMISSION Joseph Camillo, for a term to expire on May 31, 1988 Eleanor Brookfield, for a term to expire on May 31, 1990 John Errigo, for a term to expire on May 31, 1990 Michael Shearer, for a term to expire on May 31, 1990 At this time, Mayor Kabcenell recognized Mr. Eugene Strum, who was being repositioned from the Zoning Board of Appeals to the Planning Board, and also recognized was Mr. John Errigo, a member of the Recreation and Parks Commission. - 14 - 00077 May 26, 1987 2. DEPUTY VILLAGE CLERK Following Mayor Kabcenell's recommendation, and on motion by Trustee Meiskin, seconded by Trustee Nardi, it was unanimously RESOLVED, that Jean A. Marra be, and she hereby is, appointed as Deputy Village Clerk of the Village of Rye Brook, at an annual salary of $25,000; and be it FURTHER RESOLVED, that said appointment be effective as of June 1, 1987. OTHER ITEMS: PROPOSAL TO CREATE AND MAINTAIN A COMPREHENSIVE INVENTORY OF DEVELOPABLE LAND WITHIN THE VILLAGE OF RYE BROOK Mr. Bernard Klem, a member of the Rye Brook Planning Board, presented his written request to compile an inventory of vacant land in the Village in order to achieve some long- range planning procedures. He said this would be done by either purchasing and/or copying various maps from the Town of Rye or the Division of Land Records in the County of Westchester. This was his personal request; he would do the compilation on his own computer and, he stated, it would be made available to the various Village Boards for their use in ascertaining where the best interests of the Village lie. In reply to some questions raised by members of the Board, Mr. Klem stated it would be a means of easily reviewing the land space to ascertain how it could best be put to use before a developer came in and submitted plans for a certain project, and he cited the Purchase County Club as an example. It would enable the Board members to make more meaningful decisions as well as being an asset to the Village, Trustee Nardi commented, with Mayor Kabcenell adding that it would be extremely helpful to the Building Department and he was of the opinion that having such data available in one location would be wonderful. - 15 - 0007'74 May 26, 1987 Land is scarce in the area, Mr. Kenneth Heller stated, and he was not in favor of providing this information to developers to which Mayor Kabcenell pointed out that this is public information now and that, at present, the information is just located in several places. Trustee Nardi offered that this inventory would just be done on parcels of land over one acre and Mayor Kabcenell requested the members of the Board to review the proposal, consider it, and he stated that it would be discussed at a subsequent meeting. ADJOURNMENT on motion by Trustee Meiskin, seconded by Trustee Cresenzi, it was unanimously resolved that the Board recess into Executive Session at 9:55 P.M. to discuss personnel appointments. Respectfully/ submitted, man A. Marra Deputy Village Clerk 16 -