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HomeMy WebLinkAbout1988-06-14 - Board of Trustees Meeting Minutes i VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING JUNE 14, 1988 8:00 P.M. PUBLIC HEARING (continued) 1. Rye Ridge Shopping Center/Merritt & Holby - Rezoning Approval and Preliminary Site Plan Approval 2. Residential Lot Area Coverage - Proposed Local Law #3 - 1988 3. Terms of Office - Proposed Local Laws #4 & 5 - 1988 (PB & ZBA) AGENDA ITEMS FOR JUNE 28, 1988 SUBDIVISION APPLICATION REFERRALS 1. Hillandale Associates/24 Hillandale Road - to Planning Board 2. Ferrante/Arlington Place - to Planning Board 3. Avitable/33 Hillcrest Avenue - to Zoning Board of Appeals DISCUSSIONS/REPORTS 4. Westerleigh Court - Dedication of Road (Iorio Subdivision) RESOLUTIONS/AGREEMENTS S. Royal Executive Park - Phase III: Designation of Lead Agency Status 6. Expressing Interest in the Westchester County Health Insurance Consortium - MEBCO APPOINTMENTS/AUTHORIZATION 7 . Appointment of Board and Commission Members 8. Check Register Authorization APPROVAL OF MINUTES 9. May 24, 1988 NEXT MEETING DATES June 28, 1988 - Regular Meeting July (to be determined) Rye Brook Village Offices are Handicapped Accessible J 00107() MINUTES OF AN AGENDA MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 14th DAY OF JUNE, 1988 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE AGENDA MEETING The agenda 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 Jean A. Marra, Deputy Village Clerk 00107 / June 14, 1988 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. Bruno Gioffre, attorney for the applicants, reiterated his previous statements regarding the proposal and then went to the subject of the parking study which Rocco Circosta submitted. A map, dated 1968 showing the 35 foot right-of-way from Roanoke out to Bowman, was then displayed by Mr. Gioffre and briefly discussed. Trustee Filipowski was of the opinion that the parking would be inadequate because of the proposed addition. He added that where 5 spaces for a professional office were required, he personally observed possibly 10 employees in one particular office. "We must live by codes," Mr. Gioffre explained, and noted that not all offices in the complex followed the same hours; some doctors did their hospital rounds in the morning and some did them in the afternoon. People come and go at all different hours of the day, he added. His concern about the employees taking up the required parking spaces was again expressed by Trustee Filipowski; he added that he could foresee many problems. Mayor Cresenzi pointed out that at present the parking was over the required number of spaces, and at many times the lot has been near capacity. There are no office hours when there are movie theatre hours, Mr. Gioffre explained, adding that these were very transient parking spaces that served many different needs. - 2 - i 001078 June 14, 1988 j Many considerations have been met in this application and Mr. Gioffre cited that the original plans were already cut down in size. If the "as-of-right" plans were followed, the proposed building would be three-stories tall, Mr. Gioffre offered. After saying that he would listen to any further suggestions, Mr. Gioffre indicated that the good faith of his clients has been evident throughout the course of these discussions. Mr. Benvenuti brought up the issue of the easement which runs in front of the professional center and then produced a map which depicted the area in question. He also stated that he obtained other documents regarding the shopping center, and when Mayor Cresenzi requested copies of those documents, Mr. Benvenuti refused by saying that the Village could obtain them themselves. At this time, Trustee Filipowski requested a smaller building and again, more parking; about 5,000 square feet less. Following a brief discussion, and after Mr. Gioffre consulted with his client, some concerned residents raised their previous objections to the expansion and Mayor Cresenzi assured them that their concerns regarding "promises that were made (by the developer) but never kept" will be written into the approval process. No C.O. would be issued, Mayor Cresenzi stated, until all conditions have been met. On motion duly made and seconded, the following resolution was unanimously adopted: RESOLVED, that the Public Hearing on the Merritt & Holby application be, and it hereby is, adjourned to June 28, 1988. 2. Residential Lot Area Coverage - (Formerly Floor Area Ratio) Proposed Local Law #3 - 1988 Mayor Cresenzi explained that this law was being proposed in order to control the footprint of a building on the land. The proposed square footage allowances were then explained by Mr. Circosta and several questions were raised concerning attic and basement space. Mr. Circosta replied to these questions by stating that those areas were not taken into consideration; this law would just limit the exterior of the building, he explained. The living space in the home was not being limited, Mayor Cresenzi explained; the footprint on the land is just being controlled. 3 - 0010 June 14, 1988 Trustee Mendicino asked whether any further consideration was given to the issue raised by Mr. Cuddy concerning the size of garages, and Mr. Circosta responded that no input from the boards was received, and therefore, it was not addressed. In answer to a question raised by Mr. Ken Heller, Mr. Circosta stated that swimming pools do not come under these restrictions and Mayor Cresenzi added that a pool would have to meet all the setback requirements. Regarding the issue of residents enlarging their driveways, Mayor Cresenzi contended that more open space would be left if this (law) was enacted. The subject of decks was then discussed and Trustee Smith asked if there were any limitations on the size of second-story decks or if they could be the same size as first-floor decks and Mayor Cresenzi indicated that he would like to see this law get on the books and have the issue of decks be addressed at a future time. In the interim, the Architectural Review Board, would have the authority to limit their sizes. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was 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 #3 - 1988 and has heard all persons desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #3 - 1988 and orders that said law, as so adopted, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW #3 - 1988 RESIDENTIAL LOT AREA COVERAGE - 4 - 00-1 w3 j June 14, 1988 1. PURPOSE Coverage of lots with excessive structures can limit adequate light and air and can create an adverse impact on neighborhood aesthetics which affects the character of the community. The following Lot Area Coverage restrictions are designed to limit the above adverse effects and promote the health, safety and general welfare of the Village of Rye Brook. 2. DEFINITIONS For the purpose of this Local Law, the following definitions shall apply: A. LOT AREA COVERAGE - The percentage of the total area of a lot which may be covered by a main building, accessory structure or deck. B. MAIN BUILDING - A building in which is conducted the main or principal use of the lot on which said building is situated. C. ACCESSORY BUILDING - A subordinate building, the use of which is customarily incidental to that of a main building on the same lot. D. DECK - An unroofed, unenclosed structure attached to the main dwelling and which is constructed more than eighteen (18) inches above grade level. 3. PROCEDURE In no, case shall the second floor area exceed that of the first floor square footage allowance as per the following schedule: ZONE AREA MAIN BLDG. BLDG. ACCESSORY BUILDING D E C K S DISTRICT IN SQ FT MAX.% SQ FT MAX.% SQ FT MAX. SQ FT R-2F 5,000 30% 1,500 5% 250 3.5% 175 R-5 5,000 30% 1,500 5% 250 3.5% 175 R-7 7,500 23% 1,725 4.5% 338 3.5% 225 R-10 10,000 20% 2,000 4.5% 450 3.5% 350 R-12 12,500 17% 2,125 4% 500 4% 500 R-15 15,000 16% 2,400 4% 600 4% 600 R-20 20,000 14% 2,800 3.5% 700 4% 800 - 5 - i June 14, 1988 001081 4. SEVERABILITY If any part or parts of this Local Law are, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this Local Law. 5. PENALTIES Any person, firm or corporation who violates any provision of this Local Law, shall be subject to a fine not to exceed Two Hundred Fifty ($250) Dollars per day for each offense, or by imprisonment not to exceed Fifteen (15) Days, or both. 6. EFFECTIVE DATE This Local Law shall become effective immediately upon filing with the Secretary of State. 4. Terms of Office - Proposed Local Laws #4 & #5 - 1988 Mayor Cresenzi stated that the additional items he requested have been added to the proposed laws such as increasing the membership on the Planning Board from five to seven members, changing the terms of office from five to three years, and a requirement for attendance throughout the year for the Planning Board as well as for the Zoning Board of Appeals. Attorney Kramer explained that under the Municipal Home Rule Law, the Village Law can be superceded by a Local Law. In answer to a question posed by Bernie Klem, Mayor Cresenzi stated that under Town law, the Planning Board was composed of seven members and under State statute, the recommended number for a Village Planning Board is five. There are several large projects under consideration, Mayor Cresenzi continued, and the more input the better; the Village could truly benefit from this (the increased membership) , he added. When asked about procedures, Attorney Kramer indicated that the Planning Board should have its own rules and should adopt its own requirements regarding roll call, the taking of minutes and the approval process of them, etc. - 6 - June 14, 1988 00-1.082 Mayor Cresenzi then requested that the Administrator put this information together so the Planning Board will have some guidelines to function under. In answer to Trustee Mendicino's question, Mr. Klem responded that theroceedin s are tape recorded and typed up but they are p g not formally approved as minutes. When asked about attendance requirements, Mayor Cresenzi replied that if someone was seriously ill or in the hospital and missed 25% of the scheduled meetings, he would not be asked to resign. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was 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 #4 - 1988 and has heard all persons desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #4 - 1988 and orders that said law, entitled Terms of Office - Planning Board, as so amended, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW #4 - 1988 TERMS OF OFFICE - PLANNING BOARD 1. PURPOSE The purpose of this Local Law is to involve more people on a rotating basis in the government of the Village of Rye Brook. 2. MEMBERSHIP The number of members constituting the Planning Board shall increase from five (5) to seven (7) members. - 7 - 00-1,084 June 14, 1988 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 - 1988 and has heard all persons desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #5 - 1988, entitled Terms of Office - Zoning Board of Appeals, and orders that said law, as so amended, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW #5 - 1988 TERMS OF OFFICE - ZONING BOARD OF APPEALS 1. PURPOSE The purpose of this Local Law is to involve more people on a rotating basis in the government of the Village of Rye Brook. 2. PROCEDURE A. There shall be five members of the Zoning Board of Appeals. B. Upon the expiration of the term of office for each existing member of the Zoning Board of Appeals, the Board of Trustees shall be authorized to appoint the successor who shall serve for a period of three years. C. All members of the Zoning Board of Appeals appointed by the Board of Trustees after June 1, 1988, other than those who were previously appointed to fill an unexpired term, shall serve a three-year term of office. D. The members of Zoning Board of Appeals shall serve without compensation. E. A member of the Zoning Board of Appeals may be removed from office, without a Public Hearing, upon said member's failure to attend at least 75% of the regularly scheduled Zoning Board meetings held during any twelve- month period. - 9 - 00.7.083 June 14, 1988 3. TERMS OF OFFICE A. All Planning Board members appointed by the Board of Trustees after June 1, 1988, other than those who were previously appointed to fill an unexpired term, shall serve for a three-year term of office. B. Upon the expiration of the term of office for each existing Planning Board member, the Board of Trustees shall be authorized to appoint the successor who shall serve for a three-year term of office. 4. COMPENSATION The members of Planning Board shall serve without compensa- tion. 5. DUTIES OF MEMBERS The Planning Board will have advisory functions as stated in Local Law #9 - 1987. S. DISMISSAL FROM OFFICE A. A member of the Planning Board may be removed from office, without notice and a Public Hearing, upon said member's failure to attend at least 75% of the regularly scheduled Planning Board meetings held during any twelve-month period. B. The Board of Trustees shall have the authority to remove any member of the Planning Board for just cause after notice and a Public Hearing. 6. ENACTMENT This Local Law is enacted pursuant to the provisions of the Municipal Home Rule Law and supersedes Section 7-718 of the Village Law with respect to terms of office of Planning Board members. 7. EFFECTIVE DATE This Local Law shall become effective immediately upon filing with the Secretary of State. At this time, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 8 - June 14, 1988 00108.0 F. The Board of Trustees shall have the authority to remove any member of the Zoning Board of Appeals for just cause and after a Public Hearing. 3. ENACTMENT This Local Law is enacted pursuant to the provisions of the Municipal Home Rule Law and supersedes Section 7-712 of the Village Law with respect to terms of office of members of the Zoning Board of Appeals. 4. EFFECTIVE DATE This Local Law shall become effective immediately upon filing with the Secretary of State. k k k k k On motion duly made and seconded, with a unanimous vote of the Board, it was RESOLVED, that the Public Hearings be, and they hereby are, declared closed. NOT ON THE AGENDA At this time some questions were raised regarding a contribution to the 4th of July Committee, and Mayor Cresenzi stated that if Mrs. Solomon put the request in writing, the Village would respond to it. k k k k k AGENDA ITEMS FOR JUNE 28, 1988: Mayor Cresenzi announced that a letter was received requesting a Public Hearing on a matter which was before the Planning Board, and on motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 10 - 001 0t June 14, 1988 RESOLVED, that this Board hereby sets June 28, 1988 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 consider the application of Louis Larizza and John Cappocci for Site Plan Approval of a proposed office building located at 211 South Ridge Street. Another Public Hearing was requested by Mr. Circosta for the Helbing Subdivision and on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that this Board hereby sets June 28, 1988 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 consider the Helbing application for Subdivision Approval of the premises located at Beechwood Blvd. At this time, Mr. Ken Heller brought up some current situations which exist at the Deer Run subdivision and Mayor Cresenzi referred them to the appropriate department head to investigate. Mayor Cresenzi then set the agenda as follows: SUBDIVISION APPLICATION REFERRALS 1. Hillandale Associates/24 Hillandale Road - to Planning Board 2. Ferrante/Arlington Place - to Planning Board 3. Avitable/33 Hillcrest Avenue - to Zoning Board of Appeals - 11 - 001081 June 14, 1988 DISCUSSIONS/REPORTS 4. Westerleigh Court - Dedication of Road (Iorio Subdivision) 5. Brook II (Excess Hilton Property) Discussion RESOLUTIONS/AGREEMENTS 6. Royal Executive Park - Phase III: Designation of Lead Agency Status 7. Expressing Interest in the Westchester County Health Insurance Consortium--MEBCO APPOINTMENTS/AUTHORIZATION 8. Appointment of Board and Commission Members 9. Check Register Authorization APPROVAL OF MINUTES 10. May 24, 1988 At this time, Mr. David Youngs, a member of the Ad Hoc Committee and Neighborhood Association, requested that Brook II be placed on the next agenda and Mayor Cresenzi stated that the Special Meeting being planned for June 20th or 21st with the Planning Board was set, but Brook II would be placed on the agenda for the June 28th Village Board Regular Meeting. ADJOURNMENT On motion by Trustee Filipowski, seconded by Trustee Ravich, the Board of Trustees adjourned into Executive Session at 9:20 P.M. to discuss litigation matters. Respectfully submitted, Jean A. Marra Deputy Village Clerk - 12 -