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HomeMy WebLinkAbout1988-12-20 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING DECEMBER 20, 1988 - 8:00 P.M. PUBLIC HEARINGS 1. ADOPTION OF FEIS - BROOK II VENTURES 2. PROPOSED LOCAL LAW #9-1988: OFF-STREET PARKING REQUIREMENTS 3. PROPOSED LOCAL LAW #10-1988: FLAG/DEEP LOT SUBDIVISIONS RESOLUTIONS/AGREEMENTS 4. BROOK II - PRELIMINARY SUBDIVISION & SITE PLAN APPROVAL SET PUBLIC HEARING DATE - JANUARY 24, 1989 5. RYE RIDGE PROFESSIONAL BUILDING - SITE PLAN APPROVAL (SET PUBLIC HEARING DATE - JANUARY 24, 1989) 6. IORIO - DEDICATION OF WESTERLEIGH COURT 7. WESTCHESTER COUNTY PRISONER TRANSPORTATION AGREEMENT 8. CREATION OF YOUTH OFFICER POSITION 9. POLICE SERVICE ON HUTCHINSON RIVER PARKWAY PLANNING BOARD REFERRALS 10. PROPOSED SUBDIVISION - COMLY AVENUE (LARIZZA) 11. REZONING APPLICATION - HERITAGE DISCUSSION 12. OSIEK SUBDIVISION - 26 BEECHWOOD BLVD./WOODLAND DRIVE 13. PROPOSED PUD REGULATIONS APPOINTMENTS/AUTHORIZATION 14. CHECK REGISTER AUTHORIZATION 15. AUXILIARY POLICE APPOINTMENTS 16. PERSONNEL MATTERS APPROVAL OF MINUTES 17. NOVEMBER 22, 1988 NEXT MEETING DATES AGENDA MEETING - JANUARY 17, 1989 AGENDA MEETING - FEBRUARY 14, 1989 REGULAR MEETING - JANUARY 24, 1989 GRIEVANCE DAY - FEBRUARY 21, 1989 Recycling is a Good Investment! 001251 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 20th DAY OF DECEMBER, 1988 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE MEETING The Regular 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 Francis L. Filipowski Trustee Michele R. Mendicino Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: Christopher J. Russo, Village Administrator Georgia Kramer, Corporation Counsel Rocco V. Circosta, Director of Public Works Joseph Cortese, Village Treasurer Denise Carbone, Public Stenographer Jean A. Marra, Deputy Village Clerk 001258 December 20, 1988 l Mayor Cresenzi stated that the agenda would be slightly changed and the following item will be discussed first: 8. CREATION OF YOUTH OFFICER POSITION A Youth officer will be an asset to the Village, Mayor Cresenzi said, adding that it would enhance the involvement of the youth with the Police Department. When asked by Mr. Ken Heller if any special training would be required, Ma Cresenzi responded in the affirmative. He then Mayor added that there would be no reduction in the present police force as an extra man had already been hired. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, the Village of Rye Brook acknowledges that protection from drug and alcohol abuse as well as prevention and pre-crisis planning is the responsibility of the Police Department and the community as a hole; and WHEREAS, the Village can be more involved in activities to foster and instruct the youth of our community above preventive measures from these abuses and others; NOW, THEREFORE, BE IT RESOLVED, that the position of "Youth Officer" be hereby created within the Rye Brook Police Department; and be it FURTHER RESOLVED, that a detailed job descrip- tion of specific duties be developed and submitted to the Village Board for approval. PUBLIC HEARINGS 1. ADOPTION OF FEIS - BROOK II VENTURES - 2 - i 00125) December 20, 1988 On motion duly made and seconded, the Public Hearings were declared open. A Public Stenographer was present for this portion of the meeting and that transcript will become a permanent part of this record. Mr. Michael Weiner, from Parish & Weiner, appeared on behalf of the developers and said that this was an unusual hearing tonight because, according to New York State Law, a Public Hearing was only required for the DEIS; but in order to provide maximum opportunity for the public, the Village Board called for a Public Hearing this evening. Mr. Weiner then mentioned that no variances or rezoning would be necessary to construct the 60 homes being proposed. Eight of the homes would be attached and the rest would be detached; there will be from three to five bedrooms; and the square footage will range from 2,000 to 3,600 square feet, Mr. Weiner stated, adding that the streets will be dedicated public streets and also that one-half acre of property will be deeded to the Village for Rye Hills Park. As far as drainage and flooding issues go, Mr. Weiner pointed out that the pond will be dredged and the dam will be rehabilitated-- the top of the dam will be reconstructed and new concrete will. be placed along the back side of the dam. Also, he said, a 30 inch pipe from the Hilton property will be rerouted into the retention area so as not to interfere with Avon Circle, thus, present flooding will be modified as a result of this. Blasting, Mr. Weiner said, will be required primarily for the middle of the site or "Road B" and no blasting will be done for a basement. He then spoke about insurance coverage and safety procedures that will be taken. If any damage is done, Mr. Weiner said, an insurance agent would be out within 24 hours for a window, and for other items, it would be 3 to 5 days. No damage from blasting is anticipated due to the fact that the rock on this site has an amount of fracturing in it, Mr. Weiner said, adding that some tests have already been done. In answer to Trustee Filipowski's question, Mr. Weiner stated that all the other issues will be discussed at subsequent public hearings. An emergency access road to Wilton Road was then mentioned by Mr. Weiner. He said grasscrete was being recommended for the area but after discussions with the fire chief, it was maintained that an access road was not necessary, so that will be up to the Board to decide. - 3 - I 001260 December 20, 1988 To answer a question raised by Trustee Mendicino, Mr. Weiner replied that the Hilton would not allow access through its property. Mr. Walter asked who would be responsible for future maintenance of the dam and Mr. Weiner said that the homeowner's association would be responsible for all maintenance. Mr. Bob Bernstein of the Rye Ridge Condos stated he was concerned about accidents occurring at the entrance to the site and said he thought that the entrance should be moved but Mr. Weiner replied that this plan required less tree removal and that it also met all site line requirements. Mrs. Gallagher of Jennifer Lane presented a petition against the opening of Wilton Road signed by approximately eighty residents. Mayor Cresenzi then stated that this matter can be discussed at the January 24th Public Hearing on the Site Plan application. Some discussion followed concerning the property to be deeded to the Village and the amount of Recreation Fees to be imposed and the Mayor stated that since the Board decided on the clustering concept, it could not impose a Rec Fee. A discussion then commenced regarding the height of the proposed homes and the placement of roads and curbing, to which Mayor Cresenzi announced that these issues were off the subject. Mr. Joseph Pellino pointed out that there were no basements in the homes in Rye Hills and Mr. Weiner said that mistake would be corrected in the FEIS. Mrs. Ruth Carlucci spoke at length about the possible side effects blasting might have on her home and Mr. Weiner assured her that extra care was being taken regarding her property and he invited her to meet with the developers to discuss it more fully. Mrs. Thelma Silverstein asked if the County of Westchester had given any thought to widening the road as she was concerned about the increased traffic. Mr. Weiner responded in the negative. Mr. Randy Solomon noted that every morning there would be approximately 50 cars turning left against the traffic. Mr. Weiner stated that a detailed landscaping plan has been designed to create a buffer between the new and existing homes. Mr. Nick Carlucci recommended that sensors be installed in foundations for any damage that does not show up right away, and Mr. Weiner said that the Village would be retaining a consultant -- which the developer will pay for -- and if a situation showed up, it would be rectified -- the door will remain open, he added. 4 - 001261 December 20, 1988 Mrs. Carlucci then requested that the blasting study submitted by Shirley Rothenberg be added to the FEIS and said that this type of study should be done before any work begins. Mayor Cresenzi announced that the consultant the Village would be using has worked in this area as well as other communities and he, too, wants to avoid any problems. Mr. Circosta added that the firm was Devan Associates out of New Jersey and they were the seismologists for the Whippoorwill Woods site. On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, a Public Hearing having been duly advertised and held on the 20th day of December, 1988 pursuant to Notice thereof with respect to the Final Environmental Impact Statement (FEIS) of Brook II Ventures, Inc. (Rye Brook Estates) , and all parties having had the opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that the Public Hearing be and hereby is closed in accordance with Section 6NYCRR Part 617.9 and 10 of the State Environmental Quality Review as provided for in Section 8-0113 of the Environmental Conservation Law. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: BROOK TWO VENTURES, INC. - RYE BROOK ESTATES ADOPTION OF FEIS BE IT RESOLVED, that the Village Board of the Village of Rye Brook adopted the Final Environmental Impact Statement (FEIS) , for Brook Two Ventures, Inc. (Rye Brook Estates) as prepared by Parish & Weiner of Tarrytown, New York, and dated November 1988; except, however, that the said FEIS be revised as follows: that on Page 23 of the FEIS, D-5, that the word "basement" shall be deleted as it relates to the Rye Brook - Rye Hills dwellings and in its place, there be substi- tuted the words, "built on slabs," and that in addition, a certain report presented by property owner, Shirley Rothenberg, relating - 5 - s December 20, 1988 to standards for proposed blasting, be included as an exhibit in the FEIS, and that in all other respects this Board finds the FEIS herein referred to as complete in accordance with the procedures set forth in 6NYCRR, Part 617.9 and 10 of the State Environmental Quality Review as provided for in Section 8-0113 of the Environmental Conservation Law. 2. PROPOSED LOCAL LAW $9-1988: OFF-STREET PARKING REQUIREMENTS Mayor Cresenzi stated that this local law would establish some procedures for off-street parking, and Trustee Filipowski requested that the Board keep in mind the fact that there may be additional parking available in the driveways of residences. Mr. Bernard Klem stated that Brook II would be affected by this new local law. Some discussion followed concerning some proposed changes in the law and 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 proposed Local Law entitled, "Amendment to the Parking Regulations of the Village of Rye Brook" be and hereby is adjourned until the 24th day of January, 1989 at 8:00 P.M. 3. PROPOSED LOCAL LAW #10-1988: FLAG/DEEP LOT SUBDIVISIONS With three variations of the proposed law being presented, Mayor Cresenzi said he thought it best to await the receipt of similar legislation from other municipalities, and on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on the proposed Local Law entitled, "Flag/Deep Lot Subdivisions of the Village of Rye Brook," be and it hereby is adjourned until the 24th day of January, 1989 at 8:00 P.M. - 6 001 26J December 20, 1988 RESOLUTIONS/AGREEMENTS 4. BROOK II - PRELIMINARY SUBDIVISION & SITE PLAN APPROVAL SET PUBLIC HEARING DATE - JANUARY 24, 1989 On motion by Trustee Smith, seconded by Trustee Filipowski, it was unanimously RESOLVED, that this Board hereby sets Tuesday, January 24th, 1989, at 8:00 P.M. at the Village Offices, 90 South Ridge Street, Rye Brook, as the date, time and place for a Public Hearing to consider the applications submitted by Brook Two Venture, Inc. for Preliminary Subdivision and Preliminary Site Plan Approval; and BE IT FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. 5. RYE RIDGE PROFESSIONAL BUILDING - SITE PLAN APPROVAL (SET PUBLIC HEARING DATE - JANUARY 24, 1989) On motion by Trustee Filipowski, seconded by Trustee Mendicino, it was unanimously RESOLVED, that this Board hereby sets Tuesday, January 24th, 1989, at 8:00 P.M. at the Village Offices, 90 South Ridge Street, Rye Brook, as the date, time and place for a Public Hearing to consider the application submitted by Merritt & Holby for Site Plan Approval; and BE IT FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. 6. IORIO - DEDICATION OF WESTERLEIGH COURT Since there was no information available at this time, the matter was deferred to January 24, 1989; however, Milton Berner, Esq. said he had been in contact with the Village Attorney and all the papers were in proper order. He then requested that the Board accept it subject to the attorney' s approval of the deed. 7 - 001264 December 20, 1988 Mayor Cresenzi stated that the Board could not move on the dedication until some input from the attorney was received. 7. WESTCHESTER COUNTY PRISONER TRANSPORTATION AGREEMENT On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, the present Prisoner Transportation Reimbursement Agreement between the County of Westchester and the Village of Rye Brook expires on December 31, 1988; NOW, THEREFORE, BE IT RESOLVED, that Mayor Salvatore M. Cresenzi be and he hereby is authorized to execute the 1989 - 1990 Prisoner Transportation Reimburse- ment Agreement with the County of Westchester. 9. POLICE SERVICE ON HUTCHINSON RIVER PARKWAY On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Rye Brook Board of Trustees hereby supports the renewal of the Westchester County Agreement with the State of New York to provide police service on the Hutchinson River Parkway; and be it FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to County Executive Andrew O'Rourke, Senator Suzi Oppenheimer and Assemblyman Ronald Tocci. PLANNING BOARD REFERRALS 10. PROPOSED SUBDIVISION - COMLY AVENUE (LARIZZA) - 8 - 1 00126 December 20, 1988 l On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: LARIZZA SUBDIVISION APPLICATION COMLY AVENUE SECTION 1, BLOCK 11, LOTS 3 & 2 PLANNING BOARD REFERRAL WHEREAS, the Village Clerk received an application from Louis Larizza for Subdivision Approval on the premises located at Comly Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lots 3 & 2; NOW, THEREFORE, BE IT RESOLVED, that this matter be referred to the Planing Board this 20th day of December, 1988 for their review and recommendations; and be it FURTHER RESOLVED, that the applicant is hereby required to contribute the amount of $2,000 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 $2,000 is riot required for consulting fees, then the balance shall be returned to the applicant; however, if additional sums are needed, they shall be paid by the applicant. 11. REZONING APPLICATION - HERITAGE AT RYE BROOK On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, Heritage at Rye Brook has requested that the pending application for residential development of property situated at the corner of Anderson Hill Road and King Street (Section 1, Block 4, Lots 5, 6, 7A and 7A1) be modified by reducing the number of units requested and by processing the application to rezone the premises to R-5 and to implement the clustering provisions of the Subdivision Law set forth in the Village of Rye Brook as Local Law R1 of 1988; 9 - 001261) December 20, 1988 \' NOW, THEREFORE, BE IT RESOLVED, that this matter be referred to the Planning Board this 20th day of December, 1988 for its review and recommendations in accordance with the provisions of Section 66-14 of the Village of Rye Brook Zoning Law. DISCUSSION 12. OSIEK SUBDIVISION - 26 BEECHWOOD BLVD./WOODLAND DRIVE Trustee Smith stated that she would be abstaining from any participation in these proceedings and Mayor Cresenzi added that he would seek the advice of counsel regarding his participation in this matter. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with Trustee Mendicino voting aye, the following resolution was adopted: RESOLVED, that this Board hereby sets Tuesday, January 24th, 1989, at 8:00 P.M. at the Village Offices, 90 South Ridge Street, Rye Brook, as the date, time and place for a Public Hearing to consider the application submitted by Marie Osiek for Subdivision Approval for the premises located at 26 Beechwood Blvd. and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 9, Lot 4A; and BE IT FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. 13. PROPOSED PUD REGULATIONS Deputy Clerk Jean Marra announced that no written communication regarding this matter had been received, but William Cuddy, Esq. said a letter was sent through the mail; however, since no one apparently received it, he would send additional copies. At this time, Fritz Wiedle, of Frederick P. Clark Associates, presented the FEIS for Heritage and the FGEIS for Rye Brook North and requested that these items be placed on the next Village Board agenda for acceptance. - 10 - 00126 December 20, 1988 APPOINTMENTS/AUTHORIZATION 14. CHECK REGISTER AUTHORIZATION On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks #1426 - #1539; Hand Checks 48053 - #8061; Payroll Checks #14794 - #15027; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. 15. AUXILIARY POLICE APPOINTMENTS On motion by Trustee Smith, seconded by Trustee Filipowski with Trustee Ravich abstaining, the following resolution was adopted: AUXILIARY POLICE OFFICERS WHEREAS, in order to promote volunteerism and to provide assistance in emergency situations, the Rye Brook Board of Trustees established, in September of 1986, the Office of Disaster and Emergency Services and the entity of Auxiliary Police to serve that Office pursuant to the Defense Emergency Act of 1951, in the State of New York Statutes; NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article 2.10, Section 26 of the Criminal Procedure Law, this Board hereby reappoints the following individuals as Auxiliary Police Officers for the calendar year 1989: - 11 - i 0012 �c3 December 20, 1988 William V. Aughavin, Jr. 16 Mohegan Lane Tory Brainard 53 Winding Wood Road Paul Drimmer 12 Berkley Drive and Robert J. Ravich, of 6 Hunter Drive, as Assistant Deputy Local Director; and Stan Zak, of 13 Jennifer Lane, as the Director of Communications. In answer to a question raised by Mr. Heller, Mayor Cresenzi replied that the Auxiliary Police will operate under new guidelines and that no, they were not functioning at present. 16. PERSONNEL MATTERS On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the position of Assistant Auto Mechanic be and hereby is created; and be it FURTHER RESOLVED, that the annual salary for this probationary position be set at $28,391; effective retroactive to December 8, 1988; and it is FURTHER RESOLVED, that Ed Lipowiechi be and he hereby is appointed as Assistant Auto Mechanic of the Rye Brook Highway Department. On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that Doug Hallengren be and he hereby is appointed as Heavy Motor Equipment Operator for the Rye Brook Highway Department, effective January 5, 1989. - 12 - ' 00126J December 20, 1988 On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the annual salary for the position of Bookkeeper shall be established at $26,000 effective retroactive to December 8, 1988; and be it FURTHER RESOLVED, that this position is hereby designated as a salaried, managerial position in accordance with the applicable provisions of the Fair Labor Standards Act. On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the annual salary for the position of Deputy Village Clerk shall be established at $28,000; effective retroactive t to December 8, 1988. On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the annual salary for the position of Senior Typist/Systems Operator shall be established at $26,000 effective retroactive to December 8, 1988; and be it FURTHER RESOLVED, that Diane DiSanto be and she hereby is appointed to this probationary position for a period of five months, com- mencing December 8, 1988; and it is FURTHER RESOLVED, that this position is hereby designated as a salaried, managerial position in accordance with the applicable provisions of the Fair Labor Standards Act. On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 13 - 00AiU December 20, 1988 RESOLVED, that Alfred (Butch) Losito of 40 Valley Terrace, Rye Brook, be and he hereby is appointed as Foreman of the Rye Brook Highway Dept. effective January 1, 1989; and be it FURTHER RESOLVED, that the annual salary for this position is hereby established at $40,000. On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the annual salary for the Village Treasurer shall be established at $9,000; effective January 1, 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 annual salary for the Village Administrator shall be established at $57,500; effective January 1, 1989. Trustee Filipowski stated that the Administrator' s salary was well deserved and Mayor Cresenzi added that the work Chris has done` for the Village was greatly appreciated. Trustee Ravich also said that Mr. Russo' s past performance has been truly outstanding! Mr. William Aughavin asked if money was in the budget for these appropriations and Mayor Cresenzi answered in the affirmative. Mr. Aughavin then suggested that with all of the new development going on in the area, and since one Police Officer will soon be appointed as the new Youth Officer, that another officer be added to the Police Force. Mayor Cresenzi responded by saying that all of the Village's emergency services had to be reviewed -- ambulance, police and fire. 14 - I 001271 jDecember 20, 1988 l { Mr. Randy Solomon brought up the issue of dumping at the Key Hole (the City of Rye's property located off Bowman Avenue) and Mr. Circosta informed him that a letter had been sent to the firm of Barber & Coccola. Mr. Solomon then inquired about the Port Chester Middle School field and Mayor Cresenzi replied that he should be hearing something within the next couple of days. When asked by Mr. Solomon about any proposals for Rye Hills Park, Mayor Cresenzi replied that grants were applied for and a letter was written to Assemblyman Ron Tocci. APPROVAL OF MINUTES 17. NOVEMBER 22, 1988 The Minutes of November 22, 1988 were unanimously approved as presented. ADJOURNMENT On motion duly mace and seconded, it was unanimously resolved that the meeting be adjourned at 10:45 P.M. Respectfully submitted, i Jean A. Marra Deputy Village Clerk 16J I - 15 -