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HomeMy WebLinkAbout1988-10-11 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING & PUBLIC HEARING OCTOBER 11, 1988 8:00 P.M. I. BROOK II DEIS - PUBLIC HEARING II. CERASO SUBDIVISION - 67 SOUTH RIDGE STREET SET PUBLIC HEARING DATE: OCTOBER 25, 1988 AGENDA ITEMS FOR OCTOBER 25, 1988 PUBLIC HEARINGS 1. SUBDIVISION APPROVAL: AVITABLE - 33 HILLCREST AVENUE 2. AMENDMENT TO PUD REGULATIONS 3. HERITAGE DEIS 4. RYE BROOK NORTH DGEIS 5. PROPOSED LOCAL LAW #8-1988 - CODE ENFORCEMENT 6. PROPOSED LOCAL LAW #9-1988 - OFF-STREET PARKING REQUIREMENTS RESOLUTIONS/AGREEMENTS 7. RYE RIDGE SHOPPING CENTER - REQUEST FOR USE OF VILLAGE STREETS 8. NYS EXECUTIVE DEPT. - DIVISION OF YOUTH PROJECT APPLICATION 9. NEW YORK-AMERICAN WATER CO. - WATER SUPPLY ADVISORY 10. AWARDING OF CONTRACT #88-05 - DUMP TRUCK W/PLOW 11. AWARDING OF CONTRACT #88-06 - STREAM MAINTENANCE DREDGING APPOINTMENTS/AUTHORIZATION 12. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 13. SEPTEMBER 27, 1988 & OCTOBER 41 1988 NEXT MEETING DATES REGULAR MEETING - OCTOBER 25, 1988 AGENDA MEETING - NOVEMBER 8, 1988 REGULAR MEETING - NOVEMBER 22, 1988 Rye Brook Village Offices are Handicapped Accessible i 001 I S)J MINUTES OF A PUBLIC HEARING AND AGENDA MEETING OF THE BOARD OF TRUSTEES OF THE ' VILLAGE OF RYE BROOK, HELD ON THE 11th DAY OF OCTOBER, 1988 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 8:00 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 i f i Also present were: Christopher J. Russo, Village Administrator Georgia Kramer, Corporation Counsel Rocco V. Circosta, Director of Public Works Denise Carbone, Public Stenographer Jean A. Marra, Deputy Village Clerk c 12=air October 11, 1988 I. BROOK II DEIS - PUBLIC HEARING The purpose of this meeting is to hold a Public Hearing on the DEIS for Brook II - Rye Brook Estates, Mayor Cresenzi announced; and requested that the Notice of Hearing be made part of the minutes of this meeting as follows: RESOLUTION OF THE RYE BROOK VILLAGE BOARD SETTING A PUBLIC HEARING FOR CONSIDERATION OF BROOK II VENTURES, INC. - RYE BROOK DRAFT ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the Rye Brook Village Board (hereinafter "Village Board") has declared itself to be Lead Agency, pursuant to Article 8 of the Environmental Conservation Law of the State of New York and the rules and regulations promulgated thereunder, (collectively "SEQR") in connection with the review of potential environmental impacts of a proposed development of approximately 26.8 acres of real property located at the west side of North Ridge Street in the Village of Rye Brook, New York. The premises are designated as Section 1, Block 5, Lots 19F, 19E02A, 19D1 & 19E3 on the Official Tax Map of the Village of Rye Brook; and WHEREAS, the premises are proposed to be developed with 60 single-family residential units in a clustered configuration of attached units or shared attached facilities pursuant to the provisions of the Zoning Ordinance of the Village of Rye Brook, as they may hereafter be amended; and WHEREAS, the Village Board has classified the proposed develop- ment as a Type I Action, pursuant to SEQR, and has requested that an Environmental Impact Statement be prepared to review the potential environmental impacts of said Action; and WHEREAS, on August 23, 1988, the Village Board accepted the Brook II Ventures, Inc. Draft Environmental Impact Statement ("DEIS") as being complete and directed that it be circulated to all interested and involved agencies identified on the Circulation List annexed hereto; and WHEREAS, the revised and updated DEIS was thereafter circulated to all interested and involved agencies identified on said Circulation List; and WHEREAS, a Public Hearing is desired to be held before the Village Board in order to invite and obtain comments from the public and other interested and involved agencies with respect to the DEIS; 2 - 00 1201 October 11, 1988 NOW, THEREFORE, BE IT RESOLVED, that a Public Hearing shall be held by the Village Board of Rye Brook on October 11, 1988 at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, New York, to consider the Brook II Ventures, Inc. Draft Environmental Impact Statement; and be it FURTHER RESOLVED, that the Deputy Clerk of the Village of Rye Brook is hereby directed to publish notice of such Public Hearing in the Official Newspaper of the Village of Rye Brook. Dated: September 20, 1988 Rye Brook, New York By Order of the Village Board Village of Rye Brook, New York Salvatore M. Cresenzi, Mayor Jean A. Marra, Deputy Clerk 15jDr3 Thereafter, on motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing be, and it hereby is declared open. (A Public Stenographer was present for the Public Hearing and that transcript will become a permanent part of this record. The following is a brief synopsis of some of the issues raised during the Hearing followed by the Agenda Meeting minutes. ) Milton Berner, the attorney for Brook II apprised the audience that this Hearing was for public comments on the DEIS for Rye Brook Estates and he proceeded to introduce Michael Weiner of Parish & Weiner Planners, located in Tarrytown, New York. After many, many months of planning and discussions for this proposal which originally called for 120 condominiums and homes, the Village expressed its preference for clustering in order to preserve green space and the complex natural state of the land, Mr. Weiner stated, adding that this resulted in the approval of a 60 unit development. - 3 - 00 0'2 October 11, 1988 Mr. Weiner continued by saying that a homeowners association will be created since, even though the lots will be owned individually, the common open space will be for all. The size of the homes will vary from 2,000 to 3,500 square feet, Mr. Weiner said, adding that less than 8% of the land will be covered by buildings. The existing pond will become a retention facility, Mr. Weiner noted, and one of the access roads into the property will have have retention facilities as well. Blasting will be minimized due to the unique placement of the homes, Mr. Weiner pointed out, adding that the three access roads of of Ridge Street meet New York State requirements. Existing zoning permits what is being proposed and the cluster plan will fit in the topography very well, Mr. Weiner concluded. Mr. Alan Nordan of 100 North Ridge Street was the first to speak and he voiced his objections to the cluster housing concept and the access roads. Ile added that the access roads would be very dangerous and then asked who did a water or sewer study on this. Mayor Cresenzi noted that certain specifications had to be met and those plans would be investigated and reviewed at the proper time. "Why not do something in the scheme of things," Mr. Nordan asked, "(build) something affordable -- what is this development going to do for Rye Brook?" Mayor Cresenzi responded by saying the cluster concept was decided on by the Board at public meetings held over a long period of time. The current zoning would allow for much more damage being done to this property, and the Board felt that the Village would be better served by this (clustering) concept. Mr. Bob Bernstein, on behalf of the Ad Hoc Committee for the Preservation of Rye Brook and as Presidents of the Rye Ridge Condominiums (Avon Circle) , addressed the issue of flooding and read the following report and asked that it be incorporated into the minutes of this meeting: 4 - October 11, 198800 1 20d PRESENTATION BEFORE THE RYE BROOK BOARD OF 'TRUSTEES by ROBERT M. BERNSTEIN ON BEHALF OF THE AD HOC COMMITTEE for THE PRESERVATION OF RYE BROOK FOR THOSE WHO ARE NOT FAMILIAR WITH ME, MY NAME IS ROBERT M. BERNSTEIN AND IN THIS CAPACITY, I AM REPRESEN'T'ING THE AD HOC COMMI'T'TEE FOR THE PRESERVATION OF RYE BROOK, MORE SPECIFICALLY 'THOSE WHO RESIDE IN THE AREA OF THE PROPOSED BROOK II DEVELOPMENT SITE, I SHOULD LIKE TO ADDRESS THE SUBJECT OF POTENTIAL FLOODING AND THE DAMAGE CAUSED 13Y SAME DUE TO THE CONSTRUCTION AND, PERHAPS, VERY EXISTENCE OF THE BROOK II DEVELOPMENT AS PROPOSED IN THE DEVELOPERS LATEST OFFERING. I PERSONALLY, LET ME SAY THAT I DO SPEAK OF FLOOD AND O'T'HER DAMAGE WITH SOME EXPERTISE. IN ADDITION TO MY CURRENT AFFILIA'T'ION WITH THE AD HOC COMMITTEE, I HAVE BEEN A MEMBER OF THE BOARD OF MANAGERS OF THE RYE RIDGE CONDOMINIUMS (KNOWN AS AVON CIRCLE) POR THE PAST EIGHT YEARS AND THE BOARD PRESIDENT FOR THE PAST SIX YEARS. WITHIN THE PAST FEW YEARS AND THROUGH 1986 THE SUCCESSFUL RE13UILDING OF FOUNDATIONS COST THE CONDOMINIUM OWNERSHIP $350,000, THE, FOUNDATIONS AT AVON CIRCLE ARE NOW AS GOOD AS NEW AND IT IS OUR INTENT TO KEEP THEM THAT WAY. FORTUNATELY, TERRA FIRMA HAS BEEN HELPFUL. THE BUILDINGS CONCERNED WERE THOSE LOCATED IN THE FLOODPLAIN AT THE BOTTOM OF THE CIRCLE AND CLOSEST TO THE RYE TOWN HILTON. THOUGH PROBLEMS WITH THE ORIGINAL FOUNDATIONS OF 'THOSE BUILDINGS WERE DIAGNOSED AS DUE IN PART TO CONSTANT HIGH WATER LEVELS AND FLOODING, THE POSSI13ILITY OF BLASTING DURING CONSTRUCTION OF THE RYE TOWN HILTON WAS NEVER RULED OUT. I I THOUGH THE AREA HAS SUFFERED THROUGH TORRENTIAL RAINS AND SPRING SNOW RUN-OFFS - 5 - ' I! Page 2. October 11, 1988 001 2 04 OVER THE PAST EIGHT YEARS, DUE TO THE FLOOD CONTROL EFFORTS OF LOCAL AND STATE GOVERNMENTS AND THE EXPANSION OF THE GENERAL FOODS POND, AVON CIRCLE HAS EXPERIENCED NO SIGN OF FLOODING FROM THE RYE TOWN HILTON SIDE FOR THOSIi PAST EIGHT YEARS. THAT HAS NOT KEEN TRUE IN THE DIRECTION OF THE WHAT IS NOW CONSIDERED THE BROOK II PROPERTY. 'THOUGH FLOODING HAS NOT REACHED THE BUILDINGS THEMSELVES, AFTER HEAVY STORMS AND RUN-OFFS, THERE HAS BEEN FLOODING OF THE LOW GROUND IN THE NORTHWEST CORNER OF THE PROPERTY, THE WATER BUILDING UP FROM THE RUN-OFF FROM THE HIGH GROUND WHICH IS NOW BROOK II. WE RECOGNIZ*TBAT THE PLANNING BOARD, 13Y ITS OWN STATEMENTS, TS AWARE OF THE POTENTIAL INCREASE IN FLOODING POSSIBILITIES DUE TO THE INVASION OF THE ENVIRON- /IAIh �vs /!3J'usqr. t)1-)'j f>/ Ieus1',yi3a a .t'r, ti k e��y4 Thi ann o i= i�uf�cry MENT. HOWEVER, THE AD HOC COMMITTEE FOR THE PRESERVATION OF RYE BROOK SHOULD LIKE TO GO ON RECORD AS FOLLOWS: I. WE REALIZE THAI.' AN ORIGINAL ENVIRONMENTAL STUDY WAS CONDUC'T'ED AND I I PRESENTED FOR THE ORIGINAL. BROOK I1 CONDOMINIUM PLAN. NEVERTHELESS, C ax I-A P WITH THE NEW PLAN WHICH CALLS FOR 6P- PRIVATE- HOMES INSTEAD OF A FOUR STORY CONDOMINIUM COMPLEX OF 152 APARTMENTS, WE FEEL THAT A NEW ENVIRONMENTAL IMPACT STUDY SHOULD BE CONDUCTED AND PRESENTED TO THE PLANNING BOARD. IN ADDITION, WE REQUEST THAT THE AD HOC COMMITTEE (OR APPOINTEES) HAVE ACCESS TO THE ENVIRONMENTAL STUDY ONCE COMPLETED. II. THE AD HOC COMMITTEE FURTHER SUGGESTS THAT THE E.I.S. ADDRESS SPECIFICALLY, IN THE AREA OF FLOOD PROBLEMS, THOSE FACTORS WHICH WILL MOST INDUCE/ PREVENT FLOODING IN THE LOWLANDS SURROUNDING THE BROOK II SITE. A. THE DAM: THE AD HOC COMMIT'T'TEE HAS BEEN ADVISED BY THE DEVELOPERS THAT THEY ARE PREPARED TO SPEND $250,000 TO SHORE UP THE DAM WHICH IS SI'T'UATED ON THE BROOK 11 PROPERTY TO WITHSTAND THE RIGORS OF THE BUILDING PROCESS SUCH AS BLASTING. IN THIS REGARD, THE AD HOC COMMITTEE FEELS THAT THE PLANNING BOARD, - 6 - October 11, 1988 0 lw0a Page 3 THROUGH THE ENVIRONMENTAL IMPACT STUDY, SHOULD BE APPRISED AS FOLLOWS: L . WHEN WAS THE DAM BUILT? 2. FOR WHAT PURPOSE? 3. BY WHOM (ARMY CORPS OF ENGINEERS, PRIVATE COMPANY, ETC.) ? 4. WHO SHOULD BE RESPONSIBLE FOR THE UPKEEP OF THE DAM? 5. WHO HAS BEEN RESPONSIBLE FOR ITS UPKEEP? 6. WHAT IS THE DAM'S CURRENT CONDI'T'ION? 7. WHAT DOES THE DEVELOPER EXACTLY PROPOSE TO DO FOR THE $250,000 TO BE SPENT TO ENSURE THE DAM'S SAFETY, THE SAFETY OF ITS NEIGHBORS AND THE PROTECTION OF THEIR PROPERTY DURING THE CONSTRUCTION AND AFTER COMPLETION? 8. WHAT ACTUALLY WOULD HAPPEN IP THE DAM COLLAPSED? B. RUN-OFF, FLOOD-PLAIN, WATER LEVELS: PART OF THE AVON CIRCLE PROBLEM, WAS ATTRIBUTED TO THE CLOGGING OF THE CONDUIT'S THROUGH WHICH THE RUN- OFF FLOWS T'0 BLIND BROOK WHICH RUNS DIRECTLY BELOW THE LOWER (WESTERN) AVON CIRCLE COMPLEX. TO CONTROL THIS FLOOD SOURCE, THE AVON CIRCLE STAFF, IN ACCORDANCE WITH INSTRUCTIONS, HAVE PERIODICALLY VENTURED INTO WHAT IS NOW BROOK II PROPERTY TO PHYSICALLY REMOVE THE DEBRIS THAT CASCADES DOWN THAT PROPERTY TO CLOG THE SMALL S'C'REAMS AND CONDUITS THAT ARE SITUATED ON BROOK II LAND. IF THIS IS NOT DONE THOSE STREAMS OVERFLOW, CREATING THE SAME TYPE OF FLOODING CONDITIONS AS THE COUNTY EXPERIENCES ON THE HUTCHINSON RIVER PARKWAY. INCIDENTALLY, EVEN WITH THE ENVIRONMENT IN ITS NATURAL ABSORPTION STATE, DURING HEAVY RAINANDSNOW MELTDOWN, THE WATERFLOW FROM T'HE HIGH GROUND OF WHAT IS NOV THE BROOK II PROPERTY BECOMES TORRENTIAL AND RAPID. _ 7 October 11, 1988 f1'l1 .8 sG2 0 6 Page 11 �l�d tS TO BETTER ASSESS 'THESE PROBLEMS, ' THE COMMITTER ASKED THE DEVELOPER TO PERMIT IT TO TOUR THE PROPERTY WITH AN ENGINEER OF ITS CHOICE. AS OF THIS DATE WE HAVE NOT HEARD FROM TBE DEVELOPER, BUT WOULD REQUEST FURTHER THAT THE RYE RIDGE. CONDO GROUNDS STAFF BE PERMITTED TO ENTER THE PERIPHERY 13ROOK II PROPERTY (THAT PROPERTY ONLY ADJACENT TO AVON CIRCLE) FOR THE PURPOSE OF REMOVING THE DEBRIS WHICH HAS BEEN ONE CAUSE OF FLOODING IN 191E PAST. THE DEVELOPER HAD ALSO VERBALLY AGREED TO CONSIDER THE POSSIBILI'T'Y OF THE ATTENDANCE OF MYSELI' AT THEIR MEETING WITH YOUR AND 'THEIR ENGINEERS DARING ANY INTERIM DISCUSSION OF THEIR POTENTIAL FLOODING PROBLEM. WE HAVE HAD NO RESOLUTION TO THIS OFFER. WEOTIIEREFORE, WITHIN THE CONFINES OF THE LOCAL LAWS, ORDINANCES AND riLU 1T,E Tc-C �) .V1- ACCEPTABLE PROCEDURES AGAIN ASK THE,4PLANNING BOARD TO INSIST UPON A NEW (NOT REVISED) ENVIRONMENTAL IMPACT STUDY, WHICH ADDRESSES AMONG ALL OTHER REQUIREMENTS, THE RUN—OFF AND FLOODING PROBLEM IN THE PAST, CURRENTLY AND WHAT IS TO BE DONE TO COMPENSATE FOR THE REPLACEMENT OF NATURE'S ABSORPTION ABILITY WITH THE WATER RESISTANCE OF CONCRETE AND BLACK TAR. C. BLASTING: MR. MIKE WEINER, SPEAKING FOR THE DEVELOPERS HAS ASSURED THE AD HOC COMMITTEE THAT INSTEAD OF MASS BLASTING, THEY INTEND TO BLAST IN SMALL SEGMENTS IN ORDER TO AVOID PROPERTY DAMAGE AND TO MINIMIZE ANY DISCOMFORT TO ITS NEIGHBORS. 1. IN THIS REGARD, AS IT IS UNDERS'T'OOD THAT THERE WOULD BE INSURANCE INVOLVED, WE SUGGEST THAT, IF AND WHEN THE CONSTRUCTION BEGINS, RYE BROOK RESIDENTS WHO WILL BE AFFECTED BY THE BLASTING, ADHERE PLATE GLASS SECTIONS TO THEIR FOUNDATION WAILS. THEN, AFTER BLASTING, THE GLASS SHOULD BE INSPECTED. WHEN THE GLASS IS FOUND TO 1317 CRACKED OR — 8 — 00201 Page 5 �cC @ i�rr �1 .; 1%§ SHATTERED, AN EXPERT SHOULD BE CALLED TO INSPECT THE FOUNDATION. IF THE FOUNDATION IS FOUND TO BE DAMAGED, AN IMMEDIATE CLAIM SHOULD BE FILED WITH THE DEVELOPER'S 'INSURANCE CARRIER. 2. WE FURTHER SUGGEST THAT MR. WEINER'S STATEMENT OF BLASTING BY "BITS AND PIECES" BE INCLUDED IN WHATEVER DOCUMENT (ENVIRONMENTAL IMPACT STUDY, ETC.) IS REQUIRED OR PRESENTED TO THE PLANNING BOARD AND THE BUILDING INSPECTOR IN REGARD TO THE DETAILS OF THE PROPERTY'S DEVELOPMENT. 1// 4P 7ePV.Sr4rs"� I WISH TO THANK THIG BOARD,/'�THE DEVELOPERS AND THE CONCERNED PUBLIC FOR THEIR PATIENCE WITH ME. AGAIN, THANK YOU. Mr. David Young of 90 North Ridge Street requested a brief recess so the people standing in the hallway could get a view of the proposal and Mayor Cresenzi said he would call a ten-minute recess at 9 o'clock. Mr. Frank Lupi, '109 North Ridge Street, asked about the number of vehicles this project would generate. He said he thought that, the planner's predictions were low -- at two cars per family, that's 120 cars; not 25 as presented. Ms. Camile Reardon of 4 Valley Terrace asked where the proposed streets would be situated and Mayor Cresenzi responded they were placed opposite Maywood, Neuton and Ridge Blvd. but since this was only a conceptual plan, those road placements could be moved north or south -- nothing is definite at this point, he added. When asked by a resident if any traffic lights were proposed Mayor Cresenzi replied that Assemblymen Tocci's office has been contacted in that regard and a report is due back from the DOT. t Mr. Joan Lynd, 12 Bell Place, said "bull" regarding the traffic count, adding this could create a danger to the residents. - 9 - p� 00.120o October 11, 1988 Mr. Ken Heller voiced his concern about water retention facilities and the problems with flooding at Avon Circle. Mr. Bob Reardon, 4 Valley Terrace, asked if the open land would always remain open and Mayor Cresenzi replied yes, and that no further development would be allowed on the site. Mr. Dave O'Brien asked if any consideration was being given to sidewalks and Mayor Cresenzi replied not yet but it will be. Mr. Drew Diamond of 42 Valley Terrace asked if a right-of-way through the Rye Town Hilton property was proposed. Mrs. Flutsky, 115 North Ridge Street, expressed her concern about the impact of additional traffic and traffic accidents along Ridge Street. At this time, a brief recess was taken and the Public Hearing reconvened at 9:15 with former Trustee Maria Nardi of 11 Maywood Avenue speaking about the placement of the proposed streets, and Mayor Cresenzi explained that their exact location has not been established. "Making a left turn onto Ridge Street during peak hours is terrible," Mr. Nardi said, and he then suggested that traffic lights be installed (at the site of the proposed roads) . Ms. - Shirley Rothenberg of 88 North Ridge said that the Village's existing Blasting Law was inadequate for this proposed develop- ment. She added that she was disturbed about a different site plan being presented every time she attended a meeting and then presented the Deputy Clerk with a sample of blasting procedures that should be followed (for Brook II) . The Army Corps of Engineers should be called in to examine the dam and, Ms. Rothenberg said, (the developer' s) insurance coverage should be examined. She then made the suggestion of the road going out the back of the property through Rye Hills Park and onto Lincoln Avenue to take some of the burden off Ridge Street. Ruth Carlucci of North Ridge Street said that the DEIS takes future development into consideration but had no bearing on this and the projects north of this area will have an impact here. - 10 - 00120i October 11, 1988 Mayor Cresenzi explained that the Rye Brook North DGEIS hearing will reconvene on October 25th. Mr. Joseph Pellino mentioned that the heating systems are in the floors of many homes and blasting could affect the Rye Hills area and then asked that this issue be addressed. Mr. Nick Carlucci of 102 North Ridge Street raised the question of pine and oak trees being saved. He then suggested that an independent person walk the property and mark the trees to be saved; and Mr. Ken Heller was in total agreement offering different methods of staking them out. In another area of the Village, Mr. Heller offered, the developer was made to preserve the trees and he did; however, when the homeowners moved in, they took them down. He then suggested having a professional come in so it is done right because trees are too valuable to have them destroyed. Mr. David Young, 90 North Ridge Street, brought up some safety points on the traffic and then asked about the service road through the Rye Town Hilton being utilized. Mr. Young then mentioned that with all the virgin timber located in the area, that an engineer in urban forestry should be retained. Some mention was then made to a sewer line which runs through the property where some of the homes were proposed and Mayor Cresenzi explained again that this was not a final plan. The purpose of the hearing was for questions and comments. Mr. Randy Solomon asked what kind of restrictions would be placed in the deeds regarding the preservation of open green space. Mr. Robert Burnstein inquired as to the price range of the proposed homes and then suggested that only qualified professionals be retained to oversee the project. The accuracy of the vehicle count in the morning peak hours was then questioned and the suggestion for a turn lane was made. Mr. Mario Nardi asked if the Rye Town Hilton does not allow use of their service road, what can the Village do to force them into that? - 11 - 0011. 210 October 11, 1988 In answer to several questions and statements that were repeated, Mayor Cresenzi replied that this is the value of a public meeting -- everyone's concerns will be addressed at the next Public Hearing. Ms. Shirley Rothenberg asked who owned the pond and who will be responsible for it in the future. When Mr. David O'Brien brought up the issue of children walking to school along Ridge Street, Mayor Cresenzi stated that the issue of additional police, fire and ambulance service will be addressed. Mr. Ken Heller asked if the Village will be receiving cash or land for its Recreation Fund, and Mayor Cresenzi said no decision has been reached yet. Some discussion arose regarding which plan of the proposal should be addressed for written objections or concerns and Attorney Kramer stated the one that is in the DEIS should be addressed. Mayor Cresenzi contributed that most of the questions were basically generic and really have nothing to do with any particular plan. Mr. Mike Weiner explained that it is 97% the same plan. Previous public comment was save the trees, minimize blasting, etc.` and an attempt to do that has been made, Mr. Weiner said, adding that the plan keeps improving with minor variations being made to it. This is like saying a war is the same, Mr. David Young said; this plan is quite different. Mrs. Ruth Carlucci said if she knew what changes or so-called improvements were made to the plan, perhaps she could accept it better. At this time, attorney Kramer requested that the memo from Frederick P. Clark Associates be incorporated and made a part of the record as follows: - 12 - October 11, 1988 001211 MEMORANDUM l I To: Rye Brook Board of Trustees From: Frederick P. Clark Associates Date: October 11, 1988 Re: The Draft Environmental Impact Statement for Rye Brook Estates As requested by your board we have reviewed The Rye Brook Estates Draft Environmental Impact Statement (DEIS) for the Rye Brook Estates subdivision. The impact statement was accepted by your board in August, 1988. At the end of tonight' s meeting, the public hearing should be closed unless time is short and more members of the public wish an opportunity to be heard. In that case, the hearing may be continued. The applicant should be requested to prepare a Final Environmental Impact Statement (FEIS) that responds to issues raised at the hearing or received during the 10-day public comment period. Rye Brook Estates is a proposed sixty single family home cluster subdivision on a 26.8 acre parcel of land off North Ridge street. The property is directly south of Crawford Town Park, and currently zoned R-10 and R-12. Our comments are summarized in the following paragraphs. 1. The criteria used to identify a specimen tree should be explained. 2 . In order to get a clear picture of the amount and time schedule`of blasting that may occur during construction, it should be indicated whether the proposed structures would contain basements, and the number of phases anticipated in the construction of Rye Brook Estates. These two factors play a major part in determining how much blasting occurs and over what period of time. 3 . A limit of grading plan, showing schematic grading plans for the site and limits of the area to be disturbed during grading and other construction activities should be provided. This map will aid in understanding the location and amount of steep slopes that will be disturbed. It will also assist in visualizing how many of the mature trees will be disturbed and help to determine the chances of survival of the specimen trees that will be preserved after development. - 13 - 1� October 11, 1988r� 00121g . 2 4 . The potential development plans for Rye Hills Park which is directly west of the Rye Brook Estates site will have a } major impact on the development of this site. The existing right-of-way to Rye Hills Park which crosses this particular site is the only means of vehicular access into the park. If the park is eventually developed with a pool and/or community center, the amount of traffic that will be travelling through the subdivision to and from the park may be significant. The impacts of this potential development should be more closely examined. S. The methods of disposing of stumps, brush and other material cleared from the site at the beginning of the construction process should be described. 6 . The revised site plan should be included in the FEIS. Any changes in impact due to the revised site plan should be addressed. 7 . A conceptual landscape plan should be included in the FEIS. This will permit assessment of how the existing and proposed vegetation will impact both screening and wildlife habitat. Because we feel a number of these comments may have significant impact either on the village or on proposed site plan, we feel that a final environmental impact statement (FEIS) should be requested. The FEIS should address both these comments and any other comments that may be received by you either during the public hearing or during the public comment period. Jim Donovan I I,I f i - 14 - SII U0121J October 11, 1988 Mayor Cresenzi explained once again that this project could not be built using either one of these plans as a guide -- they are purely conceptual. Mr. Randy Solomon said he would like to see the plan modified down about twenty houses. Mrs. Shirley Rothenberg asked about submitting comments in writing and Mayor Cresenzi said they should be given to the Clerk, Jean Marra, within the next ten days, and she will forward them to the developer. The first part of the FEIS will address the issues raised this evening and identify the changes, Mr. Weiner offered. When asked by Mr. Flutsky if there was a time limit on this project, Mayor Cresenzi responded there was no time limit until all the questions were answered. An irate resident said greedy developers just wanted to make money on this this. She added that no more housing was needed and that the Board was not as interested in the community as it was in the developer. Mayor Cresenzi responded to this by saying the Board could not stand in someone's way of building. "We" cannot stop someone who owns land from developing it, but "we" can limit the impact on the rest of the neighborhood, he said, adding that the Board was very concerned and the residents will be given the ultimate consideration. He continued by saying that the Board did say no to 90 houses and agreed to 60; but that 25 acres of land could allow for 100 houses. "We" are trying to control the growth, he concluded. Mr. Bill Aughavin said the developer should give his assurance to the community that whatever is promised is fulfilled. A request was made, by Mr. Heller, that the public be informed of the procedures and Attorney Kramer complied with this by saying that now the DEIS was presented and this raises questions which will be answered by the developer. The FEIS is then pre- pared by the developer and reviewed for completeness by the Board and the Board decides whether to accept it. After that, the impacts are known -- this does not mean a decision is made on the placement of houses, though. - 15 - 0121 October 11, 1988 The next process would be referring it to the Planning Board, Ms. Kramer said, who will make certain recommendations on the Site Plan to the Village Board. The Architectural Review Board reviews the plan for site impact and the Village Board then acts on final Site Plan Approval, she concluded. Mayor Cresenzi added to this by saying that all of these meetings were open to the public and the dates the different boards meet were posted on the bulletin board in the lobby. Mr. Joseph Pellino asked if adequate water and utility services can be provided for this project. Mrs. Ruth Carlucci then requested that extra copies of the DEIS be furnished for review and Mr. Milton Berner complied and said ten more copies will be furnished within two days. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on the DEIS for Brook II Ventures/Rye Brook Estates, be and it hereby is, declared closed for public comment; with the ten day time limit for written comments commencing October 12, 1988 and ending October 21, 1988. II. CERASO SUBDIVISION - 67 SOUTH RIDGE STREET SET PUBLIC HEARING DATE: OCTOBER 25, 1988 On motion by Trustee Smith, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that this Board hereby sets Tuesday, - October 25, 1988 at 8:00 P.M. in the Village Offices, 90 South Ridge Street, Rye Brook, as the date, time and place for a Public Hearing to consider the application of Thomas Ceraso for Subdivision Approval on the premises located at 67 South Ridge Street and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 20, Lot 5; - 16 - 00121] October 11, 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. III. PLANNING BOARD REFERRAL - OSIEK SUBDIVISION On motion duly made and seconded, the following resolution was unanimously adopted: RESOLVED, that the Osiek Subdivision be and it hereby is referred to the Planning Board for their review and recommendations. The following items were then placed on the agenda for the meeting of October 25, 1988: PUBLIC HEARINGS 1. SUBDIVISION APPROVAL: AVITABLE - 33 HILLCREST AVENUE 2. AMENDMENT TO PUD REGULATIONS 3. HERITAGE DEIS 4. RYE BROOK NORTH DGEIS 5. PROPOSED LOCAL LAW #8-1988 - CODE ENFORCEMENT 6. PROPOSED LOCAL LAW 49-1988 - OFF-STREET PARKING REQUIREMENTS RESOLUTIONS/AGREEMENTS 7 . RYE RIDGE SHOPPING CENTER - REQUEST FOR USE OF VILLAGE STREETS 8. NYS EXECUTIVE DEPT. - DIVISION OF YOUTH PROJECT APPLICATION 9. NEW YORK-AMERICAN WATER CO. - WATER SUPPLY ADVISORY - 17 - k �) October 11, 1988 The next two items required immediate action: 10. AWARDING OF CONTRACT #88-05 - DUMP TRUCK W/PLOW Administrator Russo said this item was budgeted for and the bond resolution for it was forthcoming. Trustee Filipowski had a question with the wording in the resolution and requested that it be changed from "approximately" to "at least" seven vendors. . . . In answer to Mr. Heller's questions, the Mayor responded that it would be maintained by the Highway Department and that it was a diesel engine and should not be kept running for extended periods of time. When asked about the maintenance agreement by Mr. Solomon, Mr. Rocco Circosta replied that it had the standard manufacturer's warranty -- 50,000 miles or five years. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT - #88-05 5-7 CUBIC YARD DUMP TRUCK W/PLOW WHEREAS, proposals for the purchase of a Dump Truck with Plow were mailed to at least seven vendors; and WHEREAS, on September 16, 1988, four bids were publicly opened and read; and WHEREAS, the Director of Public Works has reviewed all of the documents submitted and has reviewed the equipment proposed; NOW, THEREFORE, BE IT RESOLVED, that Russell Chevrolet of Fairfield, Connecticut, be and hereby is awarded the contract for furnishing and delivering one 5-7 Cubic Yard Dump Truck with Plow at the bid price of $58,250; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to enter into said contract with Russell Chevrolet for the purchase of said vehicle. - 18 - I 00121 / October 11, 1988 11. AWARDING OF CONTRACT #88-06 - STREAM MAINTENANCE DREDGING i Administrator Russo explained that the stream has not been maintained since 1970 or 1972. Trustee Filipowski questioned the number of days it would take to do the work and then suggested that a limit of $15,000 be put on the job. Some discussion followed regarding the procedures used during the dredging process and Mr. Circosta explained it at length and added that if it was too late in the season to grass the area, as Mr. Heller pointed out, hay bales would temporarily be installed. In answer to Mr. Solomon's question, Administrator Russo said the stream would be even better for ice skating since a lot of debris will be removed. He added that already nine bikes have been removed and Mr. Solomon remarked that he was very grateful. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT - #88-06 MAINTENANCE DREDGING OF STREAM WHEREAS, proposals for the dredging of portions of the East Branch of Blind Brook and its tributaries on Village-owned land were mailed to five vendors; and WHEREAS, on October 5, 1988, the one bid received was publicly opened and read; and WHEREAS, the Director of Public Works has reviewed the documents submitted; NOW, THEREFORE, BE IT RESOLVED, that Jack Souza and Son, Inc. of Ossining, New York, be and hereby is awarded Contract #88-06 for the Maintenance Dredging of Streams at the bid price of $800 per day, for an approximate total of $12,000; but not to exceed $15,000; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to enter into said contract with Jack Souza and Son, Inc. for furnishing said services. - 19 - 00.121 October 11, 1988 APPOINTMENTS/AUTHORIZATION 12. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 13. SEPTEMBER 27, 1988 & OCTOBER 4, 1988 NEXT MEETING DATES The Agenda Meeting, scheduled for November 8, 1988, will not be held, Mayor Cresenzi announced, because it falls on Election Day; the next regularly scheduled meeting will be held on November 22, 1988. Attorney Kramer then requested that the Carlucci Breach of Contract and Forfeiture of Bond issue be placed on the agenda. She also mentioned that a Public Hearing should be established on November 22nd for a Local Law regarding Flag Lots. ADJOURNMENT On motion by Trustee Ravich, seconded by Trustee Smith, it was unanimously resolved that the Meeting be adjourned at 11:10 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 16j 20 -