Loading...
HomeMy WebLinkAbout1989-06-27 - Board of Trustees Meeting Minutes (2) June 27, 1989 001424 0 1 42 4 Y i 2. PROCEDURES A. FIRE LANES Clear, unobstructed roadways shall be maintained in areas established by the Building Inspector and/or Fire Chief, or their designated representatives, in areas necessary for access to places of public assembly, structures of public access, office buildings and parking lots of ten (10) or more spaces, and residential subdivisions of ten j (10) or more units of housing. Such roadways shall be designated as Fire Lanes by the Building Inspector and/or the Fire Chief, or their designated representatives. j B. TYPES OF FIRE LANES 1. Fire Lane "A" Emergency access area, located in the immediate vicinity of structures and fire hydrants for emergency use only. 2. Fire Lane "B" Emergency routes, streets, roads or driveways on private property customarily used by emergency apparatus that leads to emergency access areas and fire hydrants. C. MARKINGS 1. Fire Lane "A" Curb side and top painted "Traffic Yellow." Paved area crosshatched out four (4) feet from curbs. Crosshatching shall have six (6) inch wide lines at a 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 the bottom edge of sign. Signs should be at an angle of 30 degrees to 45 degrees to oncoming traffic where practicable. 2. 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. - 3 - June 27, 1989 0 014 Lo D. SIGNAGE In residential areas, designated Fire Lane "B" signs, spaced every fifty (50) to seventy-five (75) feet, can be substituted for yellow curbs with the approval of the Building Inspector and/or Fire Chief. E. MODIFICATIONS The Building Inspector or his designated representative, after consultation with the Fire Chief, shall have the right to modify all the requirements set forth in Section B and the painting and crosshatching requirements set forth in Section C herein, and/or substitute therefor alternative markings and designation requirements for curbs and pavement in Fire Lanes and/or on Emergency Routes. Said modifications shall be made in the exercise of the Building Inspector' s discretion, on a case-by-case basis, when such modifications are deemed appropriate for the particular facts and circumstances. Any such modifications will be established by the Building Inspector, in writing, and will be applicable only to the particular premises in question. 3. COMPLIANCE Any individual or company who owns or manages a place of public assembly, public access or 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/or the Fire Chief, or their designated representatives and shall be required to keep and maintain the designated Roadways and Fire Lanes free and clear from any obstructions including, but not limited to, motor vehicles. 4. PENALTIES A. 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) but no more than Two Hundred Fifty ($250) Dollars per offense or by imprisonment not to exceed Fifteen (15) Days, or both. B. Any individual or company who owns or manages a place of public assembly, public access or office building who fails to keep appropriate markings on the designated Fire Lanes or who fails to keep and maintain the designated Roadways and Fire Lanes free and clear from any obstructions including, but not limited to motor vehicles, shall be guilty of a violation of this Local Law and subject to a fine of up to Two Hundred and Fifty Dollars ($250) for each day on which the Fire Lanes remain unmarked or obstructed, or by imprisonment not to exceed fifteen (15) days, or both. - 4 - June 27, 1989 00142Y) 5. SEVERABILITY If any part of this Local Law is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this Local Law. 6. EFFECTIVE DATE This Local Law shall shall supersede any conflicting provisions in previously enacted laws and shall become effective immediately upon filing with the Secretary of State. RESOLUTIONS/AGREEMENTS 2. LARIZZA/COMLY AVENUE - FINAL SUBDIVISION APPROVAL RESOLUTION Attorney Beane highlighted some of the terms of the proposed resolution and stated that, among other things, the applicant is instructed to present a copy of this resolution to potential purchasers. Some discussion arose concerning the requested landscaping plan and Mayor Cresenzi said it was to be based on the building envelopes and proposed roadway -- not a final picture in detail. Modifications to the plan could always be made at a later date, Attorney Beane noted. John Colangelo, attorney for the applicants, brought up the amount of the Recreation Trust Fund Fee and said he thought it was rather high and following some mathematical computations, the $13,989 figure was arrived at. There being no further issues raised at this time, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: LARIZZA SUBDIVISION RESOLUTION COMLY AVENUE SECTION 1, BLOCK 11, LOTS 3 & 2 WHEREAS, the Board of Trustees reviewed an application from Louis Larizza for Subdivision Approval on property consisting of approximately 1.75 acres and located on Comly Avenue in the Village of Rye Brook; said premises is known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lots 3 & 2; and WHEREAS, the subject property is located within the Village of Rye Brook and the Village of Port Chester; and - 5 - June 27, 1989 00142 .� WHEREAS, the Board of Trustees referred this appli- cation to the Planning Board on December 20, 1988; and WHEREAS, said application was reviewed by the Planning Board on December 9, 1988; January 12, 1989, February 4 9, 1989 and March 9, 1989; and WHEREAS, the Planning Board requested and received reports from and consulted with the Police and Fire Departments, Village Engineer, Village Planners and the Westchester County Department of Planning; and WHEREAS, the Planning Board studied the road configuration and the flow of traffic of the project for efficiency and safety; and WHEREAS, the Planning Board directed the applicants to meet with the Village Engineer, Village Planners and Consultants to configure ingress and egress and other factors in order to minimize the effects of this sub- division on the neighboring residences; and WHEREAS, the Planning Board conditioned Final Subdivision Approval on the applicant securing a variance from the Rye Brook Zoning Board of Appeals with respect to the front yard setback requirements of the lot on which the existing house is located; and WHEREAS, the applicant obtained a variance from the Zoning Board on April 4, 1989, a copy of which is annexed to this Resolution; and WHEREAS, it was determined that the plan, as revised and submitted to the Board of Trustees would be appro- priate for consideration of Subdivision Approval; and WHEREAS, a Public Hearing was held on the proposed Subdivision by the Board of Trustees on May 23, 1989; and WHEREAS, the Village Board, acting in its capacity as Lead Agency under SEAR, made a finding and determi- nation that the proposed Subdivision did not have a significant impact on the environment under SEQR and adopted and incorporated this finding and determination in the Resolution as part of the Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED, that Subdivision Approval is hereby granted to Larizza-Capocci Construction Corp. for the premises located on Comly Avenue subject to the requirements and regulations of the Village of Rye Brook and the terms and conditions as set forth in this Resolution and the notes and legends therein contained on said Subdivision Map; and be it 6 - June 27, 19890 0 1 4 2 0 FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Subdivision Map subject to, and only in the event that the applicant obtains all the necessary approvals from the Westchester County Department of Health and any other agency or governmental body having jurisdiction, including approval by the Village's Consultants on drainage, landscaping and tree preser- vation; and be it j FURTHER RESOLVED, that the applicant shall pay to the Village of Rye Brook the sum of $13,989 as a donation j to the Village Recreational Trust Fund to help meet the additional recreational needs of the Village. Said payment shall be made prior to the signing of the Subdivision Plat by the Mayor. The applicant hereby agrees to be bound and obligated to make this payment and hereby waives whatever rights he may have, if any, to challenge the validityof this payment in any Federal or State Court or administrative body in this or any other jurisdiction; and be it FURTHER RESOLVED, that the applicant shall pay an engineering inspection fee as fixed by the Village Engineer in accordance with the Subdivision Law. The applicant will also obtain a Bond or Irrevocable Letter of Credit for the faithful performance of the construc- tion of the road as set forth on the Subdivision Plat and for the installation of utilities and other public improvements, said sum to be fixed by the Village Engineer and in a form acceptable to the Village Attorney; and be it FURTHER RESOLVED, that the applicant will offer for dedication to the Village of Rye Brook, the road as specified on said Subdivision Map, and all other utilities, if any, which can be dedicated for municipal purposes. At the time of the offering of dedication to the Village, the applicant shall provide a Maintenance Bond in a form and amount approved by the Village Engineer and the Village Attorney. Such Maintenance Bond shall be in effect for a period of two years after the acceptance of dedication; and be it FURTHER RESOLVED, that the Subdivision Plat shall include thereon, the following designation and legend: "This Subdivision Plat shall be subject to all requirements and conditions of the Final Subdivision Approval Resolution of the Village of Rye Brook, dated June 27, 1989"; and be it - 7 - June 27, 1989 �J V V A 42J FURTHER RESOLVED, that the applicant, his heirs, successors or assigns shall be obligated to provide a i copy of this Final Subdivision Approval Resolution to every purchaser of a lot in this Subdivision prior to the transfer of title of said lot to purchaser; and be it FURTHER RESOLVED, that this Resolution of Final j Subdivision Approval shall lapse if the Final Plat has not been filed in the Office of the Westchester County Clerk within six (6) months after the date of this Resolution; and it is FURTHER RESOLVED, that this Resolution shall be binding on the applicant, his heirs, successors and assigns and upon the Village of Rye Brook, its heirs, successors and assigns. 3. SOUND FEDERAL SAVINGS & LOAN ASSOC. - SITE PLAN APPROVAL RESOLUTION John Colangelo, standing in for Bruno Gioffre, raised a question concerning the mandatory 18 month review and having to go back before the Planning Board again. Trustee Ravich stated that at the 18 month period, it must be reviewed by the Board, but it could also be reviewed before, during or after that time frame as well. Attorney Beane then read the revised wording for the proposed resolution and with everyone being in agreement, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: SOUND FEDERAL SAVINGS & LOAN 115 SOUTH RIDGE STREET SITE PLAN APPROVAL RESOLUTION WHEREAS, the Board of Trustees has reviewed an appli- cation from Sound Federal Savings and Loan Association for Site Plan Approval 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 WHEREAS, the Board of Trustees referred this appli- cation to the Planning Board on November 22, 1988; and - 8 - I June 27, 0014jU ® 4 WHEREAS, said application was preliminarily considered and then reviewed by the Planning Board on April 6, 1989; and WHEREAS, the Planning Board requested and received reports from and consulted with the Police and Fire Departments, Village Engineer, Village Planners and the Westchester County Department of Planning; and WHEREAS, the Planning Board, together with its consultants and engineers, studied the proposed site plan with respect to its affects on the neighboring residences; and WHEREAS, the Planning Board directed the applicants to meet with the Village Engineer and Village Planners to configure the parking, as well as ingress and egress from South Ridge Street, in order to minimize the adverse effects on the traffic pattern; and WHEREAS, it was determined that the plan, as revised and submitted to the Board of Trustees would be appropriate for consideration for Final Site Plan Approval; and WHEREAS, after said Public Hearing was closed on May 23, 1989, the Board of Trustees granted Sound Federal Savings & Loan Association Site Plan Approval pending the Final Site Plan Resolution being approved at the June 27, 1989 meeting; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval is hereby granted to .. Sound Federal Savings & Loan Association this 27th day of June, 1989 and the Site Plan dated May 9, 1989 be and it hereby is approved subject to the terms and conditions as set forth in this Resolution and the notes and legends on said Site Plan; and be it FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Site Plan subject to, and only in the event that the applicant obtain all necessary approvals from any other agency or governmental body having jurisdic- tion, including specifically, but not limited to, the Westchester County Department of Public Works with respect to the curb cuts set forth on the Site Plan, and conformance to the conditions of this Resolution to the satisfaction of the Board of Trustees; and be it 9 - i June 27, 1989 001.43$ FURTHER RESOLVED, that the parking configuration and entrance and exits set forth on the Site Plan, a configuration with one entrance into and two exits from the bank property, would constitute the best traffic configuration of all alternatives until a new building is erected. This parking and entrance and exit configu- ration shall, however, be subject to mandatory review by the Board of Trustees, in consultation with the Village Engineer, and a traffic consultant the Village deems appropriate within one and one-half (1-1/2) years after the execution of the Site Plan Approval; and be it FURTHER RESOLVED, that in the event the applicant proposes to erect a new building on the site or expand or modify the existing building, the Village Board as well as any other required governmental agency or body, shall review the traffic and parking configuration at that time. If as a result of this mandatory review process, the Board of Trustees determines that the traffic flow, conditions or parking configuration set forth in the Site Plan is inadequate or has had an adverse impact on the flow of traffic or upon the neighboring residences, the Board of Trustees shall have the right to require the applicant to reconfigure the traffic pattern by relocating and/or otherwise modifying the entrance and exits, and if necessary, relocate certain parking spots to alleviate or reduce said adverse impact; and be it FURTHER • RESOLVED, that in addition to the mandatory review process set forth above, if at any time during the eighteen-month period, the Village Board determines that the traffic flow or conditions, or parking configu- ration set forth on the Site Plan in inadequate, or has an adverse impact on the flow of traffic to and from the site or on South Ridge Street or public roadway, or adversely impacts the neighboring residences, the Board shall have the right to require the applicant to relo- cate and/or otherwise modify the entrance and exits, reconfigure the traffic pattern, and if necessary, relocate certain parking spots to cure the adverse impact; and be it FURTHER RESOLVED, that the applicant shall install such landscaping along the rear or easterly portion of the property, abutting the residences, which landscaping shall conform to the applicable laws, rules and regulations of the Village of Rye Brook, and will appropriately screen the residences. The implementation of this landscaping plan shall be deferred for a period of six (6) months from the date this Site Plan is signed, or until the removal of the construction equip- ment temporarily being stored on the bank property, - 10 - i June 27, 1989 001432 whichever occurs sooner. Thereafter, this area shall be landscaped as set forth above and shall remain in a landscaped "green and clean" condition thereafter; and be it FURTHER RESOLVED, that the Site Plan shall include thereon, the following specific designation and legend: "This Site Plan shall be subject to all requirements and conditions of the Final Site Plan Approval Resolution of the Village of Rye Brook, dated June 27, 1989"; and be it FURTHER RESOLVED, that the Final Site Plan Approval granted by this Resolution shall lapse if the Final Site Plan is not filed in the Office of the Village of Rye Brook within six (6) months after the date of this Resolution; and it is FURTHER RESOLVED, that the Resolution and the Site Plan shall be binding on the applicant, its heirs, successors and assigns and upon the Village of Rye Brook, its heirs, successors and assigns. At this time, Mr. Colangelo requested to meet with the Mayor to discuss the possibility of straightening out an irregular lot line; squaring it off would place the entire lot in the Village of Port Chester, he noted. Mayor Cresenzi suggested that Mr. Colangelo contact the Village Attorney. 4. CHECK REGISTER AUTHORIZATION On motion by Trustee Filipowski, seconded by Trustee Ravich, 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 #2279 - #2411; Hand Checks #8123 - #8137; Payroll Checks #15956 - #16215; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. - 11 - 00143) June 27, 1989 5. CHANGE OF DATE FOR AUGUST MEETING On motion by Trustee Ravich, seconded by Trustee Mendicino, with 1 a unanimous vote of the Board, the following resolution was adopted: VILLAGE BOARD MEETING DATE AUGUST 15, 1989 RESOLVED, that this Board hereby rescinds the previous date established for the August meeting and sets Tuesday, August 15, 1989 at 7:30 P.M. as the date for the Board of Trustees Regular Meeting for the month of August. Since the Police Study will be presented at this meeting, Mayor Cresenzi announced, the meeting will begin at 7:30 P.M. 4 6. RETAINING SEHAM, KLEIN & ZELMAN - RE: NY AMERICAN WATER RATE CASE Administrator Russo stated that this fee was for representation of the three municipalities involved and that it was prorated for each. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: NEW YORK AMERICAN WATER COMPANY RATE CASE WHEREAS, NY American Water will be filing for a major rate case in late August, 1989 wherein they are proposing to retain the savings from the reduction of the corporate income tax rate instead of using it to reduce any increase awarded in their next rate case or returning it to the customers as a onetime refund; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby retains the Law Firm of Seham, Klein & Zelman of 485 Madison Avenue, New York, to initiate action challenging NY American Water, on behalf of the Village of Rye Brook, at an estimated total fee of $5,000 - $7,000; said sum to be prorated in accordance with an agreed-upon formula for the three affected municipalities. - 12 - i r� ad June 27, 19890 0.3 4 V it PLANNING BOARD REFERRAL 8. FAHERTY SUBDIVISION - 760 KING STREET Thereafter, on motion by Trustee Smith, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: FAHERTY SUBDIVISION APPLICATION 760 KING STREET SECTION 1, BLOCK 10, LOTS 2B, 2C, 3A, 5B & 6B PLANNING BOARD REFERRAL WHEREAS, an application was received from James F. Faherty for Subdivision Approval on the premises located at 760 King Street and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 10, Lots 2B, 2C, 3A, 5B & 6B; NOW, THEREFORE, BE IT RESOLVED, that this matter be, and it hereby is, referred to the Planning Board this 27th day of June, 1989 for their review and recommendations; and be it FURTHER RESOLVED, that the applicant is hereby required to contribute the amount of $2,000 towards consulting fees for environmental impact review; said amount shall be due and payable upon referral to the Planning Board of the application; and be it FURTHER RESOLVED, that if the entire sum of $2,000 is not required for consulting fees, the balance shall be returned to the applicant; however, if additional sums are needed they shall be paid by the applicant. APPROVAL OF MINUTES 9. MAY 23, 1989 & JUNE 13, 1989 The Minutes of May 23rd and June 13th were unanimously accepted as presented with Trustee Smith asking if a Proclamation was ever done for Park Avenue School and since the response was negative, Mayor Cresenzi requested that the Administrator make sure this was done. - 13 - 00-1430 June 27, 1989 ADJOURNMENT At this time, on motion duly made and seconded, it was unanimously resolved to adjourn into Executive Session to discuss personnel matters at 8:55 P.M. Thereafter, the Meeting reconvened and Item #7 was was heard. 7. PERSONNEL MATTERS On motion by Trustee Ravich, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: SALARY AUTHORIZATIONS RESOLVED, that this Board hereby approves the following salaries on this 27th day of June, 1989 for the positions so indicated; and be it FURTHER RESOLVED, that said salaries shall be effective for the Fiscal Year June 1, 1989: Rec Leader Start Step 1 Step 2 Step 3 Step 4 22,500 23,175 23,870 24,586 25,324 Recreation'Leader at Step 1 23,175 Recreation Attendant 26,000 Recreation Dept. Secretary 20,000 Recreation Superintendent 45,000 Deputy Village Clerk 29,700 Bookkeeper 26,800 Systems Operator 26,800 Director of Public Works 54,000 Asst. Building Inspector 32,900 Acct. Clerk Typist 28,000 Village Administrator 62,500 There being no further business to come before the Board, the meeting was adjourned at 9:50 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 18J