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HomeMy WebLinkAbout1988-08-23 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES f REGULAR MEETING AUGUST 23, 1988 8:00 P.M. PUBLIC HEARING (continued) 1. Site Plan Approval - 211 South Ridge Street/Larizza RESOLUTIONS/AGREEMENTS 2. Ferrante/Egan 6 Arlington Place - Subdivision Approval Resolution setting a Public Hearing for September 27, 1988 3. Westerleigh Court - Dedication of Road (Iorio Subdivision) 4. Brook II - Acceptance of Updated DEIS 5. Snow & Ice Agreement 1988/89 - County of Westchester 6. Snow & Ice Agreement 1988/89 - State of New York 7. Ceraso Subdivision Application - 67 South Ridge Street Referral to Planning Board 8. Slurry Seal - Awarding of Contract #88-03 { APPOINTMENTS/AUTHORIZATION f 9. Appointment of Police Officers 10. Check Register Authorization k APPROVAL OF MINUTES 11. July 26, 1988 NEXT MEETING DATES Agenda Meeting - to be determined Regular Meeting - September 27, 1988 { I i Rye Brook Village Offices are Handicapped Accessible 001141 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 23rd DAY OF AUGUST, 1988 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE REGULAR MEETING The regular 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 Michele R. Mendicino Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: Georgia Kramer, Corporation Counsel Rocco V. Circosta, Director of Public Works Frank P. Sesta, Village Accountant Jean A. Marra, Deputy Village Clerk Christopher J. Russo, Village Administrator, and Joseph Cortese, Village Treasurer, were not in attendance at this meeting. 001.146 August 23, 1988 PUBLIC HEARING 1. Site Plan Approval - 211 South Ridge Street/Larizza On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. John Colangelo, appeared for the applicant, Lou Larizza, and indicated that this matter was before the Planning Board and the p Village Board but there remained some questions concerning the Ih zoning requirements and traffic exiting from the property onto Ridge Street. In view of the fact that Ralph Mastromonaco, the Consulting Engineer, had not arrived as yet, Mayor Cresenzi requested that this matter be temporarily adjourned pending his arrival. RESOLUTIONS/AGREEMENTS 2. Ferrante/Egan 6 Arlington Place - Subdivision Approval Resolution setting a Public Hearing for September 27, 1988 On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: PUBLIC HEARING FERRANTE/EGAN RESUBDIVISION 6 ARLINGTON PLACE SECTION 1, BLOCK 6, LOT 7 RESOLVED,that this Board hereby sets Tuesday, September 27, 1988, at 8:00 P.M. at the Village Office, 90 South Ridge Street, as the date, time and place for a Public Hearing to consider the application of Mario and Grace Ferrante for Subdivision Approval for the premises located at 6 Arlington Place; and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 6, Lot 7. - 2 - 00114) August 23, 1988 BE IT FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Village of Rye Brook. 3. Westerleigh Court - Dedication of Road (Iorio Subdivision) Bruce Evans, the developer's attorney, indicated that they were in the process of drafting a Letter of Credit and also that a Maintenance Bond would be obtained next week. He then requested that this matter be placed on the September 27th agenda for a final presentation. 4. Brook II - Acceptance of Updated DEIS Bruce Evans, Esq. , also representing Brook II Ventures, asked the Board if they were in receipt of the Revised Updated DEIS dated August, 1988; to which Mayor Cresenzi replied in the affirmative. Frederick P. Clark Associates have reviewed the DEIS, Mr. Rocco Circosta stated, and they said it was in order to be accepted by the Board. Ms. Shirley Rothenberg asked if the Board was accepting it or receiving it or approving it; to which Attorney Kramer replied the Board was receiving it for purposes of distribution. It will be reviewed by the Planning Board and distributed to the affected agencies, Mayor Cresenzi stated, adding that the next step would be accepting it at a Public Hearing. On motion by Trustee Smith, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: 3 - 0011�Bi� August 23, 1988 RESOLVED, that the Revised and Updated Draft Environment Impact Statement (DEIS) prepared by Parish & Weiner Inc. , dated August, 1988 and submitted by Brook II Ventures be, and it hereby is, received by the Rye Brook Board of Trustees for distribution purposes. 6, v 5. Snow & Ice Agreement 1988/89 - County of Westchester On motion by Trustee Smith, seconded by Trustee Mendicino, with F a unanimous vote of the Board, the following resolution was adopted: iiSNOW REMOVAL - COUNTY ROADS 1988/89 WINTER SEASON WHEREAS, the County of Westchester proposes to continue to contract with various municipalities for the removal of snow from County Roads within their respective boundary limits for the 1988-89 Winter Season; NOW, THEREFORE, BE IT RESOLVED, that Salvatore M. Cresenzi, Mayor of the Village of Rye Brook, be and he hereby is authorized to execute said Agreement with the County of Westchester for the removal of Snow & Ice from County Roads located within the Village of Rye Brook for the 1988-89 Winter Season. 6. Snow & Ice Agreement 1988/89 - State of New York On motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: 4 - 0011151 August 23, 1988 SNOW & ICE REMOVAL STATE OF NEW YORK 1988/89 WINTER SEASON WHEREAS, the State of New York proposes to extend for a period of one year the Snow & Ice Agreement between the New York State Department of Transportation and the Village of Rye Brook for the 1988/89 Winter Season; NOW, THEREFORE, BE IT RESOLVED, that Salvatore M. Cresenzi, Mayor of the Village of Rye Brook, be and he hereby is authorized to execute said Agreement with the State of New York for the removal of Snow & Ice from State Roads located within the Village i of Rye Brook for the 1988/89 Winter f Season. I 4 7. Ceraso Subdivision Application - 67 South Ridge Street Referral to Planning Board On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: CERASO SUBDIVISION 67 SOUTH RIDGE STREET SECTION 1, BLOCK 20, LOT 5 WHEREAS, an Application for Subdivision approval has been submitted by Thomas Ceraso for property located at 67 South Ridge Street, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Black 20, Lot 5; NOW, THEREFORE, BE IT RESOLVED, that the Ceraso Application is hereby referred to the Planning Board for their review and recommendations; and be it - 5 - 00115 August 23, 1988 FURTHER RESOLVED, that the applicant is hereby required to contribute the amount of $1,000 towards consultant's fees for environmental impact review, and said amount shall be due and payable upon referral of application to the Planning Board; and be it FURTHER RESOLVED, that if the entire sum of $1,000 is not required for consulting fees, then the balance shall be returned to the applicant; however, if additional sums are required for consulting fees, they shall be paid by the applicant. B. Slurry Seal - Awarding of Contract #88-03 On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT #88-03 SLURRY SEAL WHEREAS, the Village of Rye Brook received two bids for the slurry sealing of various streets within the Village; and WHEREAS, the Director of Public Works and the Village Administrator have reviewed the bids submitted and have made their recommendations; NOW, THEREFORE, BE IT RESOLVED, that Thos. H. Gannon & Sons, Inc. of Middle Island, NY, be and hereby is awarded the contract for furnishing and applying a coat of slurry seal, at the price of 69.5 cents a square yard as per specifications, on certain streets within the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to enter into said contract with Thos. H. Gannon & Sons, Inc. for the furnishing said service. 6 - 001.151 August 23, 1988 At this time, Ms. Shirley Rothenberg asked what slurry seal was and Mr. Circosta explained that it was a light resurfacing applied on top of the existing blacktop. Jules Harris, a former Trustee, inquired if the total figure was within the budget; to which Mayor Cresenzi responded it was. Mr. Ken Heller inquired if there specifications for this and Mayor Cresenzi replied there were. Mr. Heller then stated he was not in favor of this application process and Mayor Cresenzi explained that the process prevents erosion of the asphalt. SII PUBLIC HEARING (continued) Site Plan Approval - 211 South Ridge Street/Larizza At this time, the Public Hearing was reconvened and Mr. Mastromonaco explained that the proposal was for a three-story office building with 28 parking spaces; two of which were designated handicapped spaces. In a C-1 zone, Neighborhood Retail, this is a permitted use, he added. In answer to Mayor Cresenzi' s question, Mr. Mastromonaco said the building itself had not been designed yet, but it could be built less obtrusive. Mr. Circosta stated that he will prepare a report stating that this application has met all of the requirements in the Zoning Code. A speaker stated that his only objection was that the retention wall should run the entire length of the property and Mr. Mastromonaco stated that could be worked out because there was an existing wall already there. A new wall could be built all the way down and the existing wall could be eliminated on the neighbor's property. It isn't in good condition anyway, Mr. Mastromonaco offered. In answer to Ms. Rothenberg's question, Mr. Mastromonaco stated that occupancy was planned for professional condo offices. - 7 - August 23, 1988 The site plan was referred to the Traffic Commission, Mr. Circosta stated, but due to illness, it was not reviewed. Mr. Heller said that without a design of the building, he did not know how the Board could approve it. He also mentioned that there has been no engineering study regarding water retention. Mr. Mastromonaco pointed out that a drainage study would have to be done for the site. Mayor Cresenzi explained that this application was for site plan approval and before the applicant was put through the expense of presenting plans, site plan approval was granted first. He added that he could not design a building for the applicant. (k Mr. Mastromonaco then presented some preliminary drawings of the proposed building. I i Bill Aughavin, a member of the Auxiliary Police, then questioned sidewalk allocation; to which Mr. Mastromonaco replied that a sidewalk will be built along Ellendale and in the front of the building as well (along Ridge Street) . Mr. Aughavin then cautioned the Board about allowing shrubbery in front of the building. He said no matter whether or not a left turn was made (when exiting from the building) , it could be a hinderance. Mayor Cresenzi was in total agreement with Mr. Aughavin, adding that the line of vision could not be obstructed. Randy Solomon mentioned that even though there would only be four usable spaces in front of the building, it could still create a high volume of traffic entering and exiting the building. Some discussion followed regarding the maneuvering of cars in the front parking area and Mr. Mastromonaco pointed out that the four front spaces would be assigned to the tenants. Trustee Ravich submitted that attorneys or architects could occupy this space as well; it was not just limited to the medical profession. - 8 - 0011.56 August 23, 1988 When asked how large the building would be, Mr. Mastromonaco replied 9,996 gross and 6,900 net square feet -- total building. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: SITE PLAN APPROVAL 211 SOUTH RIDGE STREET SECTION 1, BLOCK 25, LOTS 1, 26 WHEREAS, a Public Hearing was held on the 26th day of July, 1988, and continued on August 23, 1988, on the Larizza application for Site Plan Approval at 211 South Ridge Street and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 25, Lots 1, 26; and WHEREAS, this Board of Trustees has examined the plans; reviewed the application; heard all persons desiring to be heard pursuant to publication of a notice thereof; and has listened to the comments and responses given to all the questions raised; NOW, THEREFORE, BE IT RESOLVED, that Site Plan Approval, pursuant to the documents submitted to this Board to date, be and hereby is approved subject to the following terms and conditions: 1. No left turn shall be permitted when exiting from the premises onto South Ridge Street. 2. The retaining wall at the easterly side of the property line shall run the entire length of the property and ever- green screening shall be installed. 3. The Traffic Commission shall review this application and offer recommendations regarding egress from the rear of the building onto Ellendale Avenue. 4. An Engineering study on water retention and drainage shall be submitted to the Building Inspector and shall meet with his approval. 9 - 00.1150 August 23, 1988 5. Sidewalks shall be constructed on the northerly side of the property line on Ellendale Avenue and on the westerly side of the property line on South Ridge Street. 6. Any shrubbery planted on the westerly side of the property on South Ridge Street, shall be of a low-growing variety. 7. As per sketch submitted, there shall be a four foot set back from the southerly property line. B. Recreational Fees, in lieu of land, in an amount to be determined by the Board of Trustees shall be due and payable before a Building Permit is issued. fAPPOINTMENTS/AUTHORIZATION 9. Appointment of Police Officers On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: POLICE OFFICERS RESOLVED, that Domenick Angiello, of 285 Marietta Avenue, Hawthorne; Richard Carroll, of 200 Pritchard Avenue, Thornwood; and Keith Williams, of 23 l Trimble Street, Garnerville, be and they hereby are appointed for a probationary period of one year as Police Officers for the Village of Rye Brook, effective August 24, 1988; and be it FURTHER RESOLVED, that the above-named i gentlemen be compensated at an annual salary of $22,689. Mayor Cresenzi stated that since the police force now numbered 22 men, he would like the extra man be utilized as a Youth Officer. He then proceeded to wish the new men, all of whom were in attendance, a warm welcome to the Village of Rye Brook. f I 10 - ®01.151 August 23, 1988 10. Check Register Authorization On motion by Trustee Ravich, 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: Payroll Checks #13994 - #14104; Combined Check Register #9231 - #9344; Combined Check Register (Hand Checks) #7984 - #8002. t NOW, THEREFORE, BE IT RESOLVED, that this Board hereby ( approves payment of the above-mentioned claims and authorizes payment thereof. I i i i APPOINTMENT - Not on the Agenda: i f On motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adbpted: F I ZONING BOARD OF APPEALS RESOLVED, that John Boyle, of 259 Irenhyll Avenue, be, and he hereby is, appointed as a member of the Zoning Board of Appeals of the Village of Rye Brook for a three-year term of office; and be it FURTHER RESOLVED, that said term of office commences immediately and shall expire on the first Monday of April, 1991. - 11 - 001158 August 23, 1988 APPROVAL OF MINUTES 11. July 26, 1988 The Minutes of July 26, 1988 were unanimously approved as presented. At this time, Mr. Circosta presented the DGEIS which is the generic study of all open parcels in Rye Brook North, prepared by Frederick P. Clark Associates and dated August, 1988. Mr. Circosta then presented the DEIS for Heritage at Rye Brook, which was also prepared by Clark Associates and dated August, 1988 as well. He then asked that the Board receive these for distribution. On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Draft Generic Environ- mental Impact Statement prepared by Frederick P. Clark Associates, and dated August, 1988 be, and it hereby is, received by the Board of Trustees as being complete for distribution. i Thereafter, on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Draft Environmental Impact Statement prepared by Frederick P. Clark Associates, dated August, 1988 and submitted by Heritage at Rye Brook be, and it hereby is, received by the Board of Trustees for distribution. NEXT MEETING DATE Agenda Meeting - Thursday, September 8, 1988 in a Joint Meeting with the Planning Board, at 7:30 P.M. - 12 - 0011.51 August 23, 1988 Mr. Franklin Haines spoke at length about the accident which occurred on July 13th at the intersection of Westchester Avenue, and Ridge Street. The traffic light was malfunctioning, he said, and there should have been a police officer on duty directing the traffic. This accident left Mrs. Oliver with two bad scars on her left cheek and the child also has a zigzag scar under her eye, he concluded. Mayor Cresenzi explained that the two (police) units on duty were responding to the emergency situation: that of a potential explosion involving a school bus full of children near the Deer Run area. It was a judgment call on the part of the (Police) Chief, Mayor Cresenzi stated, and the scenario could have been reversed. He said his own son was severely hurt in an accident so he knew what it was like to go through such an ordeal. A meeting was held Ronald Tocci before this accident occurred, Mayor Cresenzi stated, with regard to the need of a traffic light at Wyman Avenue and Ridge Street, and also to review the Westchester Avenue/Ridge Street traffic device. The Mayor then offered to hold a meeting with Mr. Haines, the j Police Chief, and the Village Administrator to clarify any misunderstanding of the situation Mr. Haines may have. In answer to Ken Heller's question, Mayor Cresenzi stated that the entire Zoning Code was in the process of being updated and definitions will be rewritten and brought up to date. P Pursuant to Mr. Heller's request, Mayor Cresenzi requested that Rocco Circosta present the Chairman of the Planning Board with a copy of the draft tree ordinance Mr. Heller furnished. Mr. Heller then brought up the issue of the local Justices representing clients before the Board of Trustees and he thought this practice was improper and should not be permitted as it was a conflict of the Ethics Code. - 13 - 001160 August 23, 1988 Mayor Cresenzi responded that he did not believe these judges would hold a grudge against someone for something as they serve a large area -- not just Rye Brook -- and they are elected by- 50,000 people. Trustee Filipowski stated that he was rarely before either justice but if he were, it would have absolutely nothing to do with what transpires when he sits as a Trustee. Mr. Jules Harris asked if the Board was aware of the disposal process for medical waste generated in Rye Brook; and the Mayor replied that the debris is picked up directly from the doctors' offices and hauled away -- it does not go into a dumpster. i Speaking of dumpsters, Mayor Cresenzi requested that Rocco Circosta investigate some alleged dumping from another company into SCC's containers in the (Rye Ridge) shopping center. The matter of dumping at the "key hole" (the pond off Bowman Avenue) was brought up, but the firm of Barbara & Coccola, Inc. apparently have permission, Mr. Circosta stated. ADJOURNMENT There being no further business to come before the Board at this time, on motion duly made and seconded, the Board adjourned into Executive Session at 9:35 P.M. to discuss litigation matters. Respectfully submitted, Jean A. Marra Deputy Village Clerk 15j - 14 -