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HomeMy WebLinkAbout1989-08-15 - Board of Trustees Meeting Minutes _ REGULAR MEETING BOARD OF TRUSTEES VILLAGE OF RYE BROOK AUGUST 15, 1989 - 7:30 P.M. 1 POLICE STUDY REPORT ELIC HEARING (continued) 1. HERITAGE AT RYE BROOK RESOLUTIONS/DISCUSSIONS 2. MORIARTY - 255 NORTH RIDGE ST - FINAL SUBDIVISION APPROVAL RESOLUTION 3. PORT CHESTER/RYE VOLUNTEER AMBULANCE CORPS 4. ARROWWOOD - ACCEPTANCE OF FEIS FOR DISTRIBUTION 5. ROYAL EXECUTIVE PARK - SET PUBLIC HEARING: FINAL SITE PLAN APPROVAL 6. WINDSOR ROAD - AMENDMENT TO V&T LAW 7. AWARDING OF CONTRACT #89-04: ROAD RESURFACING B. SNOW & ICE AGREEMENT - COUNTY ROADS 9. CHECK REGISTER AUTHORIZATION PLANNIING BOARD REFERRALS 10. SPECIAL USE PERMIT - 509 WESTCHESTER AVENUE I 11. MODIFICATION TO SUBDIVISION APPROVAL - COMLY AVENUE APPROVAL OF MINUTES 12. JULY 18, 1989 NEXT MEETING DATES AGENDA MEETING - SEPT. 12, 1989 REGULAR MEETING - SEPT. 26, 1989 *** Recycling $aves Dollars! *** 00] 448 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 15th DAY OF AUGUST, 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 Mayor Cresenzi also noted the presence of: Mayor Emeritus Jack L. Kabcenell Former Village Attorney Georgia Kramer Former Trustee Stan Zak Former Trustee Jules Harris Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk August IS, 1989 POLICE STUDY REPORT 00.I 44J Mayor Cresenzi gave a brief overview of the of the purpose of the Police Study submitted by Carroll Buracker and Associates, Inc. of Vienna, Virginia and he proceeded to introduce Mr. Buracker and his associate, Mr. James Cotter. Mr. Buracker presented a synopsis of his education and previous experience as well as that of Mr. Cotter and he then presented the following report: First he extended his appreciation to the Chief and members of the Rye Brook Police Department for their cooperation in conducting this study and said the observations and recommendations contained in this report were only advisory in nature. Crime & Workload The Village has a very low crime rate, he said; on a comparison with other municipalities, it has one of the lowest and it ranks very good in terms of safety. Administration & Staffing Based on the low level of crime and workload, the Police Department seems to have an adequate number of personnel at present, but in the future, staffing should be evaluated on an annual basis. There is no "second in command" or any clerical assistance, Mr. Buracker pointed out. Communications Police officers, detectives or sergeants to serve as dispatchers and desk officers is not an efficient way of allocating personnel. Morale On the negative side, he mentioned autocratic administration, favoritism in promotional processes, lack of direction, high attrition, lack of a contract and the rotation of sergeants. On the positive side, a nice community to work in, good training, good equipment and the work itself. Court Since the Village doesn't have its own court, it has little accounta- bility for the administration of the court process and based on the experience of the Study Team, a Village court should be established. - 2 - 001 C'M August 15, 1989 Personnel Management Members of the Police Department are not evaluated on their job performance and this is viewed as a shortcoming. They should have the opportunity to be evaluated on their strengths and/or weaknesses. Also, Mr. Buracker noted that after graduating from the Police Academy, the officers were assigned to solo patrol and since they were unfamiliar with the Village and Police Department rules, this practice should cease. Facilities Many complaints were made about the lack of adequate facilities, and while a need exists to establish a plan on the space needs for the entire Village Office Mr. Buracker said more emphasis should be placed on accomplishing the Police Department's mission. Manual Until a problem was experienced or a copy requested, a number of personnel reported that they were not given a manual of operating procedures and regulations. Mr. Buracker recommended that the Chief upgrade the manual, that the Village Attorney review it, and that every member of the Police Department receive a copy. Accreditation A number of police departments in New York State have embarked on an accreditation program and the Study Team recommended the Commission on Acfreditation for Law Enforcement Agencies (GALEA) program be pursued by the Rye Brook Police Department. Mr. Buracker pointed out that the observations and recommendations in this report were only advisory and that the Chief should have an opportunity to review this report and provide a response. The following list represents a suggested action plan for the Village to consider, Mr. Buracker said and, affordability must be determined in implementing the changes which have costs attached. Some of the recommendations do not include any cost, but require a substantial amount of work by the Chief and the proposed lieutenant position: (continued on next page) - 3 - 00145 August 15, 1989 a G A'i O \ C G C 4 u ro �m rom w �m pm w b 9 b b,N w w N w w N l< 4 FC N O Wttl b N N 44 N b 44 li Ei Fi Fi A UI ri ri H H 41 A rl W O O O . w ! .i r-A ri F-4 rl r1 i ..i 7+ >+ >1 O RC U p 5 D D U > ✓ U k-' : rl •ra v It; A Rl U7 N N w C b) tT W W W W W O w w N 44 W 44 44 w ri ri w w w w w w w w w V1 ri ri ri -ri •ri .,.t •r1 .,.t •rl -ri •H •H w C A A A A A A A A a u p a u u u u u u u u O c ON Itl � pi •� rn m m m m rn m m w w w m w w C m co m w w ro co w ro co ,� •EI rl ri ri ri rl ri 1 ri ri rl ri r1 V �H�•{i A ,� R �7 H O 4J P a ro w — v r a, 9; a w o r o 11 o w paq N rI N'- N U N N rl V w a 10 x a w 4 U' 0 N N 4V N 4J •b 4J w w 41 -N a P a w° m u v 0ag�{ y°J }� i w v O J�1 0 H 1-i b 0 U r�Gl G a? 43 >4 ta, v OCw O �N n ° b ° o � N O •lii W r1 m b 0 "u 2 °u t» C° V NC O q q w ri N •ri w 8 w w W l4 to 41.11 w N > V U-14 W N • i ri V W M O N w •ri '° V1 •r1 to O w V id C N N w -rl V C >i W V1 N 7 N r-i N A id 47 ,?4 U N N W A Tl C C N >1 4) U w w O w G N w U ri PL V b U ¢Y V X 'O 1•i w S.' V -ri 'ri N.C O w w N w ri N Ul H la G p id w•r1 N N b bO td O A w w w v o 3 'b a o a 41 O A •ri r I H C 0, w m 4J' O a U V ri U A V A w w O C w w P, G w w w 41 a 41 P o V w w w •.i a w w w •ri a + p a a w o A 'b G C ri 1 $ V G V 'b w V G V N 1d 'OO A G ri V b+ •11 Ili V •rl -H O N N b X C V W .ri V In N C V 3 M b 'b V C N O N O N N C V O G P 10 1 W ° H 'ro4,' H U a°' U ro 41 w (A V1 wN b) O :j 4b- N a ri N M 'W U� m m O rl rl - 4 - 001452 August 15, 1989 G .4 b) W' a' i°1 R •S 0 ro 4J H v o H ci 2i v ti ro .H m oo m m m A w m m m w t•.Ni 0 > 4) 41 41 4) 4) 4) 4) () w •H N b) rn to m d) d) O) O) 0 0 w m q ro Rf ,d N ro (a to 4i (a N ,C 0) H H H H H H H H H 41 H 4) i1 .H H -1 H H H H H H H v J w H ro •H H b b ' A H W f0 •H •H 0 > 41 W o w w w w w m w m w w w w 0 O) 4) 0 W H W H 4) N 4) 4) 0 •H •H •H •H .H H •H H •H •H 'H •rl W4 v [Wy N ,£ W •.Ci m m m m m o 0 0 0 H m H o eo m m m oo m m m m m co m 0 •H m m m m m m m m m m m m •H E H H H H H H -i H H H H H 41 u° Q i1 H HH O H W ^�9q, 4) W N O •moi O w +) E O rw -.i ,Ho pU) ,d .i H aNi 9 N H O y W N 4f 3 Nb Hy ++ O °Ha 0 N ° N 0) y) Q1 W U+ :j3+ N N W 0 ,iG� p N o O q O O a N SWC a ,�°! O W N qof w 01 a x w Q •.Oi ^ 0 yi i01 ro N O 'd O °a U � 4 q 401 0 P N H N M N F •d 1 'd moi 0 'd • N •- 0 w 4) a W .. U 0 11 q dpp+ N OC , b a O x N° N -ri 1 N 4JC 10 0 9 � N ' O H v 0 G N U 4) 4) 0 -1q4 H 0 H •H W N V H.,H� d ro (d H H 4) N 41 O 11m W N a 0 0 ro H U O H ro U •H 10 N N N7 a) a)o ' d H 41 •J' 9,,A H •H a 0 H Pi . a N >4 CT ai ° w H m w • H H u1 M a 'A W 41 41 •H w y }l N •H (0 L: (1) yr 0 0 41 U N•H V O •H O N fuD to O 4 H N N rob ro d .HU O d 4).H J1 4 a N O 0 a m U 'd 4) 11 4J ro H L) +1 0 P 'd U N N p G (0 N C G W 0) (d w H ° b1% 4)•H 4) CH b roO U1 0 0 •H O 0 0 •H •H N 9 H O 01 N dl •H 41 9 d a 0 0 0 H 41 b 4) N O •° to N N W t7 O O O w H N O N U 7 4y 4) ,a 4J N•H 4) N b` O Ol•H n , H M H H d• H H r nq m O HN N N P+ H H H N N N N 5 - 0014 5) August 15, 1989 a a a � � . J ro m m A 04 N •�H to b� b� N O roto ro > > y r-I•� ro A N O q 41 44 in ,i N W N ..a •rl m rn a m m m CC q H rl � U 4a q O1 �I HH a $1 H pr P N H O ro C N b O N O N N U Oa P41 P�C iA W a o v u P4 o o 4J N W 44 VLQ O qN U• ro U U) iro ro H � ° P q q q H >1 N O O •rl o U y •H U P4 q V Nto N b N ro 0 0 N N• q 12•'I P N 44 (D tl 11 N 10 N ro rl ro q U .0 NN ro ro a m O o o Ui H N U ri ri H ° •> u "> (Da •ro m v m x a A a ro v 4J pN• i N N M O b) q ?+ N N tl) W N N N N - 6 - 0014Z-54 August 15, 1989 Mayor Cresenzi inquired about the future staffing requirements in the Police Department and Mr. Buracker replied that the present number should be adequate for the next three years. However, if drug involve- ment or the number of burglaries increased, more officers might be needed. . . "the number of police officers and the level of crime do not necessarily have any relationship," he added. Mayor Cresenzi then asked what benefits the Village would derive from a Village Court, to which Mr. Buracker responded that someone else could, perhaps, better answer that question but he did say that it would provide a level of accountability in the community -- the Village sets fines for certain violations and the (existing) court has to try to understand why this was done. Trustee Ravich asked what other municipalities do with such a report -- was there a checks and balances system? Mr. Buracker said progress reports are usually prepared every three to six months to ascertain what has been accomplished. He added that he would be available to tion of an towards the implementation Y of these recommendations. help P Mayor Cresenzi inquired about the fixed-shift system and Mr. Buracker said they don't have to be permanent fixed shifts -- it could be done on a rotating basis. The men seem to prefer it, he said, and Mr. Cotter added that the officers get to know the community better during their particular shift. Mayor Cresenzi then asked what the benefits of the National Accredi- tation Program were to which Mr. Cotter responded that it makes the officers aware of what's expected of them but the major benefit is to the men themselves. Trustee Filipowski questioned what the consensus of the men was regarding fixed shifts and Mr. Cotter explained that, although mixed, it was leaning towards trying permanent assignments. Trustee Filipowski asked what could be changed (in the Department) and Mr. -Buracker said some things have occurred during the past year regarding morale. Police work can also be boring, Mr. Cotter stated; the sameness of the job can be frustrating. Mr. Buracker added that "there was nothing wrong that couldn't be fixed!" Mayor Cresenzi thanked the gentlemen for the informative report and said he might be calling on them again. NOT ON THE AGENDA - APPOINTMENT OF YOUTH OFFICER "The children of this Village are the foundation of the Country," Mayor Cresenzi announced, and with tremendous enthusiasm, he appointed Jimmy Mitchell of 95 Wesley Avenue, Port Chester, as the new Youth Officer for the Village of Rye Brook. - 7 - i 001450 August 15, 1989 PUBLIC HEARING (continued) 1. HERITAGE AT RYE BROOK At this time, Attorney Beane excused himself from any participation in these proceedings. Mr. Richard Carnaghi gave an overview of what transpired at the July meeting and he presented a new plan that the Board had requested which showed the actual square footage of open space. Roger Ferris, of Ferris Architects, said the new plan also indicated the exact lot sizes. Mr. Ferris briefly reiterated the highlights of the project. Bernard Klem, Chairman of the Planning Board, said that the site plan should not be discussed now as the major issue was the rezoning issue and lot count. Mayor Cresenzi stated it was a total application -- rezoning and site plan and the Board is listening to the total and complete project. Perhaps, he said, the total project should be looked at rather than just numbers. Michael Stolzar said when this application was before the Planning Board, the developer did not want to discuss site plan until the rezoning request was voted on. Mayor Cresenzi said this property was R-20 before it was zoned H-1 in December of 1982; the question is what should the basic zoning for this property be. According to the records he reviewed, the Mayor said 20 acres of land was needed (for a hotel) but it was reduced to 10 acres. Local Law #2 of 1982 talks about (hotel) coverage but it wasn't targeted to a luxury hotel. Frederick P. Clark Associates was contacted and they were asked what could be built there -- the minimum and maximum. What they came back with, Mayor Cresenzi said, was 150 units up to 180. In 1982, 112 units was originally proposed . and according to the traffic study done, based on 112 units, 95 trips per hour were anticipated. If this site is not developed residential, that is what the Village would have to deal with, the Mayor stressed. Speaking for himself, Mayor Cresenzi said he liked the concept of the project as it was a departure from today's trend; but said he was uncomfortable with the 43 unit count. Ed Lorch, of the Planning Board, said nobody was disputing that this should be a residential property -- R-15 or R-20 zone is the point. Other property will eventually be developed in the area and this particular property should not be downgraded; housing 30 feet from the tennis court is too close. - 8 - OW- 4 6 August 15, 199 Mayor Cresenzi said the Arrowwood proposal could have more of an impact with 161 acres -- PUD is 30 acres -- so that could be 5 PUD developments. The Country Ridge area was used as an example (of R-15 zoning) , Mr. Stolzar said, and that is not overcrowded. R-15 would satisfy the developer's economic needs but would not overburden the Village with too dense a plan. The schemes presented to the Planning Board, however, looked very dense, he added. Joseph Pellino, a Planning Board member, pointed out that in com- paring this to the County Ridge area, that this (project) will be clustered. Some of the 43 units, however, are not desirable and, he added, the issue of density is more of a concern with Arrowwood and Blind Brook Country Club. Trustee Mendicino said that all of this bouncing back and forth was unfair to the developer. Mr. Klem said he regretted the 1982 Village Board resolution because no time limit was established (in which a hotel could be built) and he added that he did not want to be intimidated with the threat of a hotel being built there. Getting back to the best use of the land, Mr. Klem stated that (regarding Arrowwood) 144 units on 30 acres which is surrounded by a golf course -- so it's really not correct -- 58 acres supports those units, the PlanningBoard generally heads towards lower density. Mr. Carnaghi mentioned that noise and traffic were reviewed -- every- one likes the concept -- likes the plan. . . . Mr. Klem suggested moving the clustering toward the center of the property (in order to provide more of a buffer) . Trustee Filipowski noted that on the Greenwich property, there would be two homes nicely spread out and then you would come to Rye Brook! He also said that any threats of a hotel were nonexistent. The density is too great for this area, he stated, and with a lower density, there would be fewer cars coming out and that's more important than wall-to-wall buildings. Trustee Smith said she was in agreement with returning it (the subject parcel) to R-20 zoning. Trustee Ravich said he also agreed with a higher density in order to avoid having a sardine package, or perhaps a compromise such as an R-16.5, or could the two acres in Greenwich remain open space. Trustee Mendicino voiced her opinion that R-15 would be fine. In answer to a question raised by Trustee Smith, Mr. Carnaghi said that too many nice trees would have to come down if the project was moved more toward the center (of the land) . 9 - 00145 August 15, 1989 Mr. Lorch requested the Board not to make past mistakes by allowing this to be rezoned to an R-15 as compared to an R-20 because future Board members will be sorry that was ever done. Mayor Cresenzi maintained that the Board had to deal with what existed - a- hotel may never be built and in two years, things may change. He said he did not view it as "giving in" since six members of the Planning Board could not agree and even the five Village Board members may not be in agreement. Gene Strum of the Planning Board said he was an "R-15 person" but the history of the lot bothered him. If this was still an R-20, would the Board even consider anything else? he asked. Mayor Cresenzi said this was not a Betsy Brown or Candy Lane or Deer Run (project) ; this is by itself and deserves other considerations. A Connecticut woman pointed out that this (project) was across the street from one-acre zoning and also that it (King Street) was only a two-lane road. Mr. Strum reminded the Board that according to the Master Plan, this was the area for large tracts of land -- anything else would be spot zoning, he said, and R-20 was more appropriate for this area. Trustee Filipowski spoke about traffic going along Ridge Street -- when is enough, enough? Blind Brook (Country Club) also has to be considered, he said, adding that perhaps the Village should think about taking it over. The Village does not need more and more houses packed in there. "R-20 would be my vote," he stated. Mayor Cresenzi emphasized that R-10 was before the Board and the site plan is for 43 units. The Board could approve it for R-10 zone but put a cap on the number of units; that is the application. Mr. Randy Solomon stated that the Village could not lose by going with R-20, Trustee Ravich contended that the school system does need more students. Cutting down the number of (housing) units, will just make them more expensive and more difficult to attract purchasers. Mr. Lorch said the County was hell-bent on expanding the airport and added that he would hate to see the traffic situation if a hotel was built there. As far as the other projects (Betsy Brown, Candy Lane and Deer Run) which were developed, people still bought them. Mr. Carnaghi concluded by saying that the Rye Brook North Study was done in 1987 because of the problems the Village Board is facing. Originally, the plan was for 66 units and that was found to be a benefit in the Study. House prices have to go up if the number of units is reduced, he added. - 10 - 00145 August 15, 1989 On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on the Heritage application for rezoning and the Site Plan Approval is hereby closed. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Smith, the following resolution was unanimously adopted by a roll call vote: HERITAGE AT RYE BROOK ANDERSON HILL ROAD/KING STREET SECTION 1, BLOCK 4, LOTS 5, 6, 7a & 7A1 RESOLVED, that the application made by the Heritage Development Group, Inc. for Site Plan Approval to construct 43 units of housing and to rezone the property at the corner of Anderson Hill Road and King Street from H-1 to R-10 is hereby denied. Upon an informal vote being taken, it was 3 to 2 that this matter be referred back to the Planning Board with the consensus that R-20 zoning be considered. Mayor Cresenzi then thanked the Planning Board for their time and patience in this matter. RESOLUTIONS/DISCUSSIONS 2. MORIARTY - 255 NORTH RIDGE STREET - FINAL SUBDIVISION APPROVAL RESOLUTION Mayor Cresenzi explained that this subdivision was approved at the last Board meeting and this was just a vote on the wording of the resolution. Thereafter, on motion by Trustee Ravich, seconded by Trustee Mendicino, with Trustees Smith and Filipowski abstaining, the following resolution was adopted: MORIARTY - 255 NORTH RIDGE STREET FINAL SUBDIVISION APPROVAL SECTION 1, BLOCK 6, LOT 54-C WHEREAS, the Board of Trustees reviewed an application from Charles and Millie Moriarity for Subdivision Approval on property consisting of approximately .556 acres and located at 255 North Ridge Street in the Village of Rye Brook and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 6, Lot 54-C; and - 11 - 00 s `)J August 15, 1989 WHEREAS, the Board of Trustees referred this application to the Planning Board on November 22, 1988 and said application was reviewed by them on 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 driveway configuration of the subdivision 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 WHEREAS, a conditioned Final Subdivision Approval was recommended upon the applicants securing a variance from the Zoning Board of Appeals with respect to the mean width requirements; and WHEREAS, the applicants 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 appropriate for consideration of Subdivision Approval; and WHEREAS, a Public Hearing was held on the proposed Subdivision by the Board of Trustees on July 18, 1989; and WHEREAS, the Village Board, acting in its capacity as Lead Agency under SEQRA, made a finding and determination that the proposed Subdivision did not have a significant impact on the environment under SEQRA and adopted and incorporated that finding and determination in the Resolution as part of the Final Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED, that Final Subdivision Approval is hereby granted to Charles and Millie Moriarity this 15th day of August, 1989 for the premises located at 255 North Ridge Street 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 FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Subdivision Map subject to, and only in the event that the applicants obtain all the necessary approvals from the Westchester County Department of Health and any other agency or governmental body having jurisdiction; and be it - 12 - 00460 August 15, 1989 FURTHER RESOLVED, that the applicants shall pay to the Village of Rye Brook the sum of $5,646 as a donation to the Village's 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 applicants hereby agree to be bound and obligated ated to make this payment and hereby waive whatever rights they may Y. have if an to challenge the validity of this payment in any Federal or State Court or administrative body in this, or any other jurisdiction; and be it FURTHER RESOLVED, that ingress and egress for each of the two lots in this Subdivision, to and from North Ridge Street, shall be provided by a single curb cut and common driveway area. The owner of each lot shall be granted recip- rocal irrevocable easements for ingress and egress with respect to the common driveway area in a form approved by the Village Attorney. These easements shall run with the land and shall be submitted to the Village Clerk, in a recordable form, prior to and as a condition precedent for the Mayor's signing the Subdivision Plat. The reciprocal easements shall be designated on the Subdivision Plat; and be it FURTHER RESOLVED, that the applicants shall be required to install appropriate plantings along the rear of the Subdi- vision to create a natural screen and buffer between the Subdivision and the properties adjacent to the rear portion of the Subdivision which screening shall be subject to approval by the Village's landscape architect and the Director of Public Works. The applicants shall prepare and present a proposed plan to the Village's landscape architect and engineer for their approval prior to the installation of screening. This plan must be presented, approved and installed as a condition precedent to the issuance of a Certificate of occupancy for the residence on each lot; and be it- FURTHER RESOLVED, that this approval requires the applicants to conform to all rules, regulations and ordinances of the State of New York, County of Westchester and the Village of Rye Brook; and be it FURTHER RESOLVED, that the natural drainage features of the site shall be preserved, except for those alterations deemed necessary by the Village Engineer to allow for the develop- ment of the site to insure that there is no increase of surface water runoff or soil erosion onto adjacent property; and be it FURTHER RESOLVED, that temporary surface water and soil erosion control facilities, adequate to protect adjacent property and roads, shall be installed at the commencement of the construction, grading, excavation or removal of vegetation; and be it - 13 - 0014 G . August 15, 1989 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 pp Subdivision Approval Resolution of the Village of Rye Brook, dated August 15, 1989"; and be it FURTHER RESOLVED, that the applicants, their heirs, succes- sors or assigns shall be obligated to provide a copy of this Resolution to ever Final Subdivision Approval Y 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 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 applicants, their heirs, successors and assigns and upon the Village of Rye Brook, its heirs, successors and assigns. 3. PORT CHESTER/RYE VOLUNTEER AMBULANCE CORPS Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: PORT CHESTER/RYE VOLUNTEER AMBULANCE CORPS RESOLVED, that subject to the concurrence of the City of Rye and the Village of Port Chester, the Contract between the Village of Rye Brook and the Port Chester/Rye Volunteer Ambulance Corps is hereby modified and extended to December 31, 1989; and be it FURTHER RESOLVED, that all other provisions of the Contract between the Village of Rye Brook and the Port Chester/Rye Volunteer Ambulance Corps continue in full force and effect until December 31, 1989; and be it FURTHER RESOLVED, that the rate of contribution for calendar year 1989 is hereby increased to $38,273 for the Village of Rye Brook as well as for the other two communities; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute said Contract on behalf of the Village; and it is - 14 - 00 4 S 2 August 15, 1989 FURTHER RESOLVED, that negotiations be entered into with representatives of the Port Chester/Rye Volunteer Ambulance Corps for a new Contract to be effective January 1, 1990 under which twenty-four hour, seven-day-per-week service would be provided. Mayor Cresenzi said that since three municipalities were involved, he would like to see the two villages and one city get together and form a Board of Commissioners to review the expenditures and he directed the Administrator to contact the other municipalities regarding this. 4. ARROWWOOD - ACCEPTANCE OF FEIS FOR DISTRIBUTION Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD ACCEPTANCE OF FEIS WHEREAS, Carol Management Corp. has submitted an application to the Rye Brook Village Board of Trustees (the "Village Board") for development of the approximately 114 acre Arrowwood Conference Center (the "Premises") , pursuant to the Planned Unit Development ("PUD") provisions set forth at Article IV, Section 66-7 E. of the Zoning Law of the Village of Rye Brook (the "Zoning Law") , which classifies the Premises in both the OB-1 (office Business) District and the PUD Overlay District; and WHEREAS, this Board has previously declared itself to be Lead `Agency for the environmental review of this application pursuant to Article 8 of the Environmental Conservation Law of the State of New York and the rules and regulations promulgated thereunder (collectively "SEQR") ; and WHEREAS, pursuant to SEQR, this Board has previously di- rected that a Draft Environmental Impact Statement ("DEIS") be prepared in connection with this application; and WHEREAS, on April 11, 1989, this Board accepted the DEIS as complete and scheduled a Public Hearing to be held on May 23, 1989; and WHEREAS, on May 23, 1989, a duly noticed Public Hearing was held before this Board for the purpose of obtaining public comment upon both the DEIS and the PUD application, at which hearing all those wanting to be heard in connection with this matter were heard; and - 15 - 0„ "t . August 15, 1989 WHEREAS, the Public Hearing was closed on May 23, 1989 and the public comment period was held open until June 5, 1989 for this Board's receipt of written comments; and W pursuant ursuant to SEQR, the time within which to file the Final Environmental Impact Statement ("FEIS") has been extended in order to provide additional time necessary to prepare the statement adequately; and WHEREAS, the FEIS has now been received by this Board; NOW, THEREFORE, BE IT RESOLVED, that the FEIS, completed and delivered to this Board by s g the Village' s planners, Frederick P. Clark Associates, is hereby considered sufficient and adequate for public review; and be it FURTHER RESOLVED, that since SEQR requires that a period of time, not less than ten (10) days, be provided for agencies and the public to consider the FEIS, a comment period on the FEIS hereby is opened for receipt of written comments from the public and other interested and involved agencies, such period to continue through to September 5, 1989. By Order of the Village Board Village of Rye Brook, New York Salvatore M. Cresenzi, Mayor Jean A. Marra, Deputy Clerk Dated: August 15, 1989 Rye Brook, NY 5. ROYAL EXECUTIVE PARK - This item was taken off the agenda. 6. WINDSOR ROAD - AMENDMENT TO V&T LAW Administrator Russo explained that Sgt. Santoro furnished the infor- mation necessary for the Board to consider this matter and on motion by Trustee Ravich, 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 WINDSOR ROAD WHEREAS, the Village of Rye Brook Traffic Commission has received requests from the residents of Windsor Road to rectify the congested parking situation which exists on that street; and - 16 - 0(x.146 August 15, 1989 WHEREAS, pursuant to Section 11 (A) of the Vehicle & Traffic Law, Local Law #7 of 1988, "the Board of Trustees may, by resolution, establish and enforce such regulations governing the parking of vehicles on public highways. . . ."; NOW, THEREFORE, BE IT RESOLVED, that Section 11 - PARKING, of the Vehicle & Traffic Law, be amended this 15th day of August to add a new Section F as follows: F. Alternate-Side-of-the-Street Parking shall be construed to mean that parking is permitted Monday, Wednesday and Friday on the south or west side of the street or highway, between the hours of 9:00 A.M. and 5:00 P.M. On Tuesday and Thursday, parking is permitted on the north or east side of the street or highway, between the hours of 9:00 A.M. and 5:00 P.M. , in accordance with signs so posted in the following affected areas: a. Windsor Road - east and west side (between College Avenue and Ridge Blvd. , September 1st through June 30th. ) 7. AWARDING OF CONTRACT #89-04: ROAD RESURFACING Thereafter, on motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT #89-04 ROAD RESURFACING WHEREAS, proposals for resurfacing certain roads in the Village of Rye Brook were mailed to six vendors; and WHEREAS, on Tuesday, August 8, 1989, five bids were received and publicly opened and read, and there- after reviewed by the Village Administrator and the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED, that E.L.Q. Industries of Mamaroneck, NY, is hereby awarded Contract #89-04 at the bid price of $54,950 and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute an agreement with E.L.Q. Industries in connection with Contract #89-04. - 17 - 00 465 August 15, 1989 Mr. Randy Solomon asked which roads would be resurfaced and Administrator Russo replied Lincoln Avenue from the Harrison line to Jennifer Lane as well as Osborn Place. In response to Mr. Solomon's other question, Mayor Cresenzi said the roads would not be covered with Slurry Seal this year; that money was going towards repaving. 8. SNOW & ICE AGREEMENT - COUNTY ROADS On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: SNOW & ICE REMOVAL WESTCHESTER COUNTY ROADS 1989/90 WINTER SEASON WHEREAS, the County of Westchester proposes to continue the contract with various municipalities for the .removal of snow and ice from County Roads within their respective boundary limits for the 1989-90 Winter Season; NOW, THEREFORE, BE IT RESOLVED, that Salvatore M. Cresenzi, Mayor of the Village of Rye Brook, is hereby authorized to Y execute an Agreement with the County of Westchester for the removal of Snow & Ice from County Roads located within the Village of Rye Brook for the 1989-90 Winter Season; said amount of reimbursement to Rye Brook, under this agree- ment, shall not to exceed $4,914.50. 9. CHECK REGISTER AUTHORIZATION Thereafter, on motion by Trustee Mendicino, seconded by Trustee Filipowski, 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: 18 - August 7.5, 1989 On-Line Checks #2569 - #2681; Hand Checks #8162 - #8180; Payroll Checks #16434 - #16646; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. PLANNING BOARD REFERRALS 10. SPECIAL USE PERMIT - 509 WESTCHESTER AVENUE On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: SPECIAL USE PERMIT 509 WESTCHESTER AVENUE ROBERT CASTRO & THOMAS LANGTRY SECTION 1, BLOCK 15, LOT 32 PLANNING BOARD REFERRAL RESOLVED, that the application of Robert Castro and Thomas Langtry for a Special Use Permit for an Accounting Office at the premises located at 509 Westchester Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 15, Lot 32 is hereby referred to the Planning Board this 15th day of August, 1989 for their review and recommendations. 11. MODIFICATION TO SUBDIVISION APPROVAL - COMLY AVENUE Thereafter, on motion by Trustee Mendicino, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: LARIZZA/CAPOCCI - COMLY AVENUE SECTION 1, BLOCK 11, LOTS 3 and 2 SUBDIVISION APPROVAL MODIFICATION PLANNING BOARD REFERRAL WHEREAS, it has been requested that the Subdivision Approval Resolution dated June 27, 1989, be amended to straighten out a lot line on the premises located on Comly Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lots 3 & 2; 19 - 00 . 46' August 15, 1989 NOW, THEREFORE, BE IT RESOLVED, that this matter be, and it hereby is, referred to the Planning Board this 15th day of August, 1989 for their review and recommendations. APPROVAL OF MINUTES 12. JULY 18, 1989 On motion by Trustee Ravich, seconded by Trustee Smith, the Minutes of July 18, 1989 were unanimously approved as amended on pages 2 & 3. NEXT MEETING DATES On motion by Trustee Smith, seconded by Trustee Ravich, the date of the next regular Village Board meeting was changed to September 19th with the Agenda Meeting remaining September 12th. OTHER BUSINESS NOT ON THE AGENDA Mr. Rodney Gruenfelder, 71 Winding Wood Road, spoke again about his neighbor operating a business out of his home and he said he would like some action to be taken. Mayor Cresenzi said that the Police Department was aware of the situation and he suggested that Mr. Gruenfelder speak with Det. Ramundo about it. A resident of Candy Lane said if the developer's bond has not been returned to him yet, he would request that the Board hold it until the flooding situation in front of his home was corrected. After a brief discussion, Attorney Beane said the status of the bond would be checked and that he would have an answer by next week. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 11:05 P.M. Respectfully submitted, _ Jean A. Marra Deputy Village Clerk 191 - 20 -