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HomeMy WebLinkAbout1989-07-18 - Board of Trustees Meeting Minutes I VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JULY 18, 1989 8:00 P.M. PUBLIC HEARINGS 1, MORIARTY SUBDIVISION - 255 NORTH RIDGE STREET 2. HERITAGE AT RYE BROOK - REZONING & SUBDIVISION APPROVAL RESOLUTIONS/AGREEMENTS 3. CHECK REGISTER AUTHORIZATION 4. AMENDMENTS TO VEHICLE & TRAFFIC LAW: PARKING ON WINDSOR ROAD PARKING ON GRANT STREET STOP SIGN ON HAWTHORNE AVENUE @ IRENHYL AVENUE 5. MOBIL OIL: PROMOTION REQUEST FOR RYE CENTER SERVICE STATION 6. WESTCHESTER SHORE HUMANE SOCIETY AGREEMENT 7. AWARDING OF- CONTRACT #89-03 (T-SHIRTS AND SPORTS WEAR) .APPROVAL OF MINUTES 8. JUNE 27, 1989 NEXT MEETING DATES REGULAR MEETING - AUGUST 15, 1989 (7:30) AGENDA MEETING - SEPT. 12, 1989 ***Recycling Makes a Lot of $ents and Saves Dollars!*** 00 ] 436 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 18th DAY OF JULY, 1989 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK 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. 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 001 :.a , July 18, 1989 PUBLIC HEARINGS 1. MORIARTY SUBDIVISION - 255 NORTH RIDGE STREET On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearings be and they hereby are declared open. Bruno Gioffre, Esq. , appeared on behalf of the applicants and proceeded to introduce Mr. & Mrs. Moriarty and one of their daughters. Mr. Gioffre continued by saying that a variance for the side yard setbacks was obtained in April from the Zoning Board of Appeals and all other setback requirements were fully met. The existing home will be demolished and two new homes will be built. Privacy should not be a problem, Mr. Gioffre stated, and he presented photographs to substantiate his statement. The applicants did try to purchase an additional strip of land in order to meet the width requirements but were not able to, Mr. Gioffre said, adding that except for the Brueno, Zeilinski and Kirshoff families; the other neighbors stated they had no objections to the proposed subdivision. Trustee Filipowski raised some questions concerning two houses being built instead of refurbishing the existing one. Mr. Gioffre then quoted some comments made by Lisa Teitelbaum of Frederick P. Clark Associates, wherein it was stated, among other things, that the traffic impact created by this proposed subdivision would be minimal. Bernard Klem, Chairman of the Planning Board, summarized the consensus of the Planning Board by saying "this subdivision fulfills the spirit of the Zoning Code. It's good planning with little or no impact on the neighbors, it meets every standard with the small exception of mean width, it could be easily absorbed into the Village and I give it my full support." As far as setting a precedent goes, Mr. Klem stated that each parcel is reviewed individually as no two (subdivisions) will ever be exactly alike. Rosalind Klem, former Chair of the Zoning Board, said the ZBA is not known to hand out variances; if a variance is granted, it's only minimal. 2 - 001436' July 18, 1989 Some objections raised by the neighbors' attorney were unfounded and, Mrs. Klem stated, every application is dealt with on a case-by-case basis so she did not feel that any precedent would be set. She concluded by saying she added her support to this subdivision application. Trustee Filipowski mentioned a letter in opposition which was received from several residents and asked the Village Attorney to comment on it. Attorney Beane said he was not in a position to render a comment on the letter at this time but he went on to explain that the ZBA is an independent body and an appeal could have been made from the ZBA. The decision speaks for itself since it was rendered April 4th and no appeal was made within the 30 day statutory period, the time for appeal has expired. Mayor Cresenzi noted that no one was present tonight to speak out against the application so this Board must judge the subdivision on its merits and on the impact to the neighbors. Trustee Filipowski stated that he did not feel the plans were sufficient to render a decision on the matter. Mayor Cresenzi then recommended conditional approval be made, and on motion by Trustee Mendicino, seconded by Trustee Ravich, with Trustee Filipowski voting nay and Trustee Smith abstaining, the following resolution was adopted: MORIARTY SUBDIVISION 255 NORTH RIDGE STREET SECTION 1, BLOCK 6, LOT 54-C RESOLVED, that conditional subdivision approval is hereby granted to Charles & Millie Moriarty this 18th day of July, 1989 for the premises located at 255 North Ridge Street subject to a resolution being approved at the August 15th Board meeting; and be it FURTHER RESOLVED, that the Moriarty Public Hearing is hereby declared closed. 2. HERITAGE AT RYE BROOK - REZONING & SUBDIVISION APPROVAL Attorney Beane disqualified himself from any participation in this matter on the basis that his law firm has an independent interest in the project pursuant to Local Law #13-1987. Mr. Richard Carnaghi and Mr. Ted Petrillo of the Heritage Development Group, Inc. ; Mr. John Meyer, of John Meyer Engineering; and Roger Ferris, of Ferris Architects, appeared on behalf of the application. 3 - 00143i July 18, 1989 Mr. Carnaghi requested that the site be rezoned from H-1 to an R-10 pursuant to Local Law #1-1988 in order that 43 homes can be constructed on the 15 acre parcel; 12.72 acres being in Rye Brook and the remainder in Connecticut. Mr. Ferris explained the schemes he presented by saying that there would be 43 detached single-family homes. The recreation area, consisting of a pool, tennis courts and a cabana, would be located to the rear portion of the parcel and open space would consist of 4-1/2 acres or 4,569 square feet per lot. In order to avoid monotony and achieve a sense of community as well as creating individuality, Mr. Ferris said 80% of the units will be located around the periphery of the development with the remaining units being situated around the courtyards. He added that the homes would be 3 to 4 bedrooms and be on an average lot size of 9,600 square feet. The homes will have front yards with formal approaches and private backyards and landscaping packages will be offered for about $10,000. Trustee Mendicino asked about storm water management and Mr. Meyer explained that water retention basins would be created and they would be grassed and dry except during storms. Mayor Cresenzi questioned some of the figures Mr. Ferris mentioned in his presentation and Mr. Ferris explained that the figures for open space included land partially located in Connecticut and also for the buffer zones in the rear of the lots as well as the courtyards. A homeowner's association will be created and it will own and maintain the area. Trustee Filipowski asked what the paved 'roadway area would add up to and Mr. Carnaghi said those figures were not calculated but the roads would be private and not standard width. There will .be 4 parking spaces per unit with no parking on the road- ways, he added, but Trustee Filipowski was concerned about where cars would park when there was a large party. Mr. Klem, speaking for the Planning Board, said the project was beautifully designed and he would like to see it built but not under these circumstances. He said he was concerned with the density taking into consideration future development in Arrow- wood across the street, Blind Brook Country Club and the High Point Hospital property. Mr. Klem said he could not justify a density greater than R-15 since this property was R-20 before it was rezoned for H-1. He said that the homes in the rear were too close to the retention basis and he went on to explain which homes the Planning Board would like to see eliminated; including the ones in Connecticut. Open space in another state should not be considered for a development in a Rye Brook, he said, adding that the Planning Board would support a 25 to 30 unit development for this site. - 4 - 0014!ki July 18, 1989 Mr. Herb Adler, former Chairman of the Planning Board, stated that there was a split vote between R-15 and R-20 zoning for this site; R-10 was not even considered. It was R-20 prior to H-1 and that's what it should revert back. Consideration has to . be given to the fact that this area is in a noise impact zone, he said, adding that good sound planning should not be over- looked just to increase enrollment in the school system. Ms. Jacquelyn Finn stated she has lived on either side of King Street for many years and that she's not opposed to the project itself -- just to the density of it. The road (King Street) is busy and the traffic is already unbearable. Mr. Ken Heller said those $10,000 landscape packages referred to earlier, would not begin to cover the cost; he also recommended R-20 for site. Mr. Ron Calabro, of Greenwich, CT, stated that he would like to see this developed as an R-20. He also said the retention basins would be ugly to look at and he thought the rec and pool area was too close to King Street. Mr. Meyer pointed out that the basins would be provided with overdrains and only about 3 to 4 foot in depth; they will be planted with grass and will not be ugly. Regarding the rec area, Mr. Meyer said the tennis court was 35 feet from the property line and the pool was about 100 feet. Ms. Joan Schubert, President of King Merrit Condominiums Homeowner's Association in Greenwich, asked a question about open space and the homes to be built in Connecticut and then some questions arose about residents not joining the proposed homeowner's association and Mr. Carnaghi said membership would be mandatory. Mr. Joseph Pellino, a member of the Planning Board, stated he agreed with Bernie Klem regarding the property in Connecticut and the homes along the retention area. He added that an R-15 zoning classification would be satisfactory. Mr. Carnaghi spoke in rebuttal to the statements made by saying in the Rye Brook North Study, housing north of Anderson Hill Road was not recommended; there will be open land space in both New York and Connecticut; the majority of landscaping would be done by the developer and have nothing to do with the landscape "packages" he mentioned earlier; and that this project would create less traffic than a hotel would. Mr. Ted Petrillo, developer of the property, stated that some- thing was being missed; they were trying to sell a concept. Good planning and design can go out the window if only numbers are used. He reminded the Board that this was not an application for site plan approval. Yes the number of homes could be reduced, he said, but then the prices would go up. - 5 - 00:144.x. July 18, 1989 Mr. Klem reminded everyone that Rye Brook is a small community and that this was a small parcel of land and it will not support so many buildings. Numbers are important because there is not much excess acreage to be used as a buffer zone. Mr. Randy Solomon suggested one-acre zoning saying that Rye Brook does not need a separate community up on the corner of Anderson Hill Road and King Street right near the airport. Garbage, traffic, parking and the airport all have to be considered, too. Mayor Cresenzi stated that he was unclear regarding some of the numbers presented this evening and he did not feel that a proper decision could be made at this time. Mr. Klem requested that any new information obtained be referred to the Planning Board as well. Trustee Filipowski said that R-10 zoning was the question and he was opposed to it; if the Board adjourned, that would still be the issue before it. Mr. Heller stated that the roads were substandard and there was insufficient parking. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with Trustee Filipowski voting nay, the following resolution was adopted: HERITAGE AT RYE BROOK ANDERSON HILL ROAD/KING STREET SECTION 1, BLOCK 4, LOTS 5, 6, 7A & 7A1 RESOLVED, that the Public Hearing for Heritage at Rye Brook be and hereby is adjourned to August 15, 1989 at 8:00. RESOLUTIONS/AGREEMENTS 3. CHECK REGISTER AUTHORIZATION Thereafter, on motion by Trustee Mendicino, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: 6 - 001442 July 18, 1989 CHECK REGISTER WHEREAS, the following checks, representing pay- ment 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 #2412 - #2568; Hand Checks #8138 - #8161; Payroll Checks #16216 - #16433; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes pay- ment thereof. 4. AMENDMENTS TO VEHICLE & TRAFFIC LAW: a. PARKING ON WINDSOR ROAD Following some discussion regarding school hours, exactly where on Windsor Road these parking restrictions would apply and if it shouldn't just be limited to when school is in session, the matter was referred back to the Traffic Commission. b. PARKING ON GRANT STREET Following a brief discussion, on motion by Trustee Mendicino, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: AMENDMENT TO VEHICLE & TRAFFIC LAW LOCAL LAW 47 - 1988 GRANT STREET WHEREAS, pursuant to Section 11 (A) of the Vehicle & Traffic Law, Local Law #7 of 1988, "the Village Board may, by resolution, establish and enforce such regulations governing the parking of vehicles on public highways . . ."; and WHEREAS, on February 28, 1989, the Village Board adopted a resolution amending Section 13 (A) by deleting Grant Street from All-Night, Alternate- Side-of-the-Street Parking and adding it to section 12, Prohibited Parking, as a new Subsection 23 (a) ; and WHEREAS, the Village Board wishes to rescind that resolution; - 7 - 001 44J July 18, 1989 NOW, THEREFORE, BE IT RESOLVED, that Subsection (C) of Section 13, All-Night Parking, be amended this 18th day of July, 1989 to prohibit parking on the north side of Grant Street between 2:00 A.M. and 6:00 A.M. from November 15th to March 15th; and be it FURTHER RESOLVED, that Local Law #7 of 1988 be so amended to reflect this change. C. STOP SIGN ON HAWTHORNE AVENUE @ IRENHYL AVENUE Mr. William Aughavin, of the Traffic Commission, explained the essence of the proposal and on motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: AMENDMENT TO VEHICLE & TRAFFIC LAW LOCAL LAW #7 - 1988 HAWTHORNE AVENUE WHEREAS, pursuant to Section 17 (D) of the Vehicle & Traffic Law, Local Law #7 of 1988, "the Board of Trustees may, by resolution, establish additional main arteries and stop intersections"; and WHEREAS, the Traffic Commission has reviewed the intersection of Hawthorne and Irenhyl Avenues and has made their recommendation; NOW, THEREFORE, BE IT RESOLVED, that Subsection (C) of Section 17, Stop and Yield, be amended this 18th day of July, 1989 by adding thereto that a Stop Sign be erected on the northeasterly corner of Hawthorne Avenue at the intersection of Irenhyl Avenue, just before North Ridge Street; and be it FURTHER RESOLVED, that Local Law #7 of 1988 be so amended to reflect this change. 5. MOBIL OIL: PROMOTION REQUEST FOR RYE CENTER SERVICE STATION Administrator Russo explained Mobil Oil's request to hold an "open house" at the Rye Center Service Station on South Ridge Street. Some discussion followed about creating a disturbance and Mr. Russo explained that the Village Attorney reviewed it beforehand, and the request was scaled down considerably. - 8 - 0014441 July 18, 1989 Since the village has no set procedure for events such as this, Mr. Russo said the Board could approve the request, as modified, with the clear understanding that if any problems are evident on the first day, then permission to hold the open house will be . withdrawn for the following days. Attorney Beane stated that for the July 20th - 23rd event, the Village of Rye Brook should be named as an additional insured on the policy. 6. WESTCHESTER SHORE HUMANE SOCIETY AGREEMENT Administrator Russo reported that the fees for this service remained the same, but the time frame was changed to coincide with the Village's fiscal year. Fallowing a brief discussion, and on motion by Trustee Smith, seconded by Trustee Fi powski , li with a unanimous vote of the Board, the following resolution was adopted: WESTCHESTER SHORE HUMANE SOCIETY June 1, 1989 - May 31, 1991 RESOLVED, that Mayor Salvatore M. Cresenzi is hereby authorized to execute an Agreement on behalf of the Village of Rye Brook with the Westchester Shore Humane Society for providing animal control services to the Village for a two-year period of time, commencing June 1, 1989; and be it FURTHER RESOLVED, that pursuant to the terms of said Agreement, the Village shall submit the total sum of $29,000 to the Society; payable in quarterly installments of $3,625. 7. AWARDING OF CONTRACT #89-03 (T-SHIRTS AND SPORTS WEAR) Administrator Russo noted that the items in this bid proposal consisted of individual unit bids and he suggested that the contract be awarded to two different bidders. Thereafter, on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: - 9 - 0011440r July 18, 1989 AWARDING OF CONTRACT #89-03 T-SHIRTS AND SPORTSWEAR WHEREAS, proposals for the furnishing, printing and delivering of T-Shirts and Sportswear, as set forth in the specifications, were mailed to five vendors; and WHEREAS, the items in the bid proposals consisted of individual unit price bids; and WHEREAS, on Thursday, July 13, 1989 the two bids received were publicly opened and read, and there- after reviewed by the Superintendent of Recreation and the Village Administrator and the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED, that Kenmar, Inc. of 1578 White Plains Road, Bronx, NY, is hereby awarded Items #2A, 4A, 1B, 2B, 1-9, 13 and 14 of Contract #89-03 at the unit prices bid in their contract document; and RESOLVED, that Sports Cellar of 167 Purchase Street Rye, NY, is hereby awarded Items #1A, 3A, 5, 10, 11 and 12 of Contract #89-03 at the unit prices bid in their contract document; and FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute all agreements in connection to Contract #89-03 for the purchase of said items. APPROVAL OF MINUTES 8. JUNE 27, 1989 The Minutes of June 27, 1989 were unanimously approved as presented with one minor change being made on Page 14. NEXT MEETING DATE REGULAR MEETING - AUGUST 15, 1989 at 7:30 P.M. - 10 - 001446 July 18, 1989 OTHER BUSINESS NOT ON THE AGENDA AIRPORT ADVISORY Mayor Cresenzi announced that the Village was not receiving adequate information regarding the airport expansion. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that David T. Smith of 19 Paddock Road is hereby appointed to represent the Village in all matters relating to the expansion of any facilities at the Westchester County Airport. Mr. Randy Solomon indicated that discussion on this matter were quite heated and he was happy to see the Village get involved. DISCLOSURE OF INTEREST Administrator Russo informed the Board that Police Officer Greg Austin filed a Disclosure of Interest statement which relates to a CPR course he taught for the Recreation Department. VOLUNTEER AMBULANCE CORPS Mr. Chet Edwards stated he had presented a plan for twenty-four hours ambulance service quite awhile ago and he requested that the Board discuss this matter at their next meeting. Mayor Cresenzi replied that this matter would be placed on the August 15th agenda. TREE PRESERVATION LAW Mr. Joe Pellino questioned the status of the proposed Tree Preservation Law and Administrator Russo stated a meeting was held and a revised copy was available for review. Hopefully, it will be on the agenda for the September meeting. LANE CLOSING - SOUTH RIDGE STREET Mr. Randy Solomon noted that a dangerous situation recently existed with the closing of a lane in front of 211 South Ridge Street -- more warning signs were desperately needed. - 11 - 001441 July 18, 1989 Mr. Solomon then asked when the Village would be appointing a Youth Officer and Mayor Cresenzi replied at the August meeting. TRASH VIOLATIONS Mr. Peter Silton, 46 Bonwit Road, stated that the summons he was issued was dismissed by the judge because proper warning was not given. He pointed out that the guidelines were only "suggested" and not mandatory. Mayor Cresenzi said he was sorry to hear that the matter was dropped because the neighborhood looks unsightly when trash is put out before the scheduled time. He then mentioned several other local laws which were on file and said they also will be specified in the next Village Newsletter. HOME OCCUPATION Mr. Rodney Gruenfelder, 71 Winding Wood Road, said a neighbor of his, Steven Weinberg, was illegally operating a business out of his home -- he buys old cars, fixes them up and sells them. Mr. Gruenfelder said he called the Police Dept. and they told him to contact the Building Dept. but most of the work in done on the weekends, the Building Dept. is closed then. Mayor Cresenzi requested that the Building Inspector, Village Attorney and Police Chief meet with him to discuss this matter. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 11:35 P.M. Respectfully submitted, i Jean A. Marra Deputy Village Clerk 191 12 -