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HomeMy WebLinkAbout1993-03-23 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MARCH 23, 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION CONTINUATION OF A PUBLIC HEARING 1. LOCAL LAW N2 OF 1993 ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT PUBLIC HEARING 2. LOCAL LAW N3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS RESOLUTIONS 3. BUDGET MODIFICATIONS POLICE DEPARTMENT 4. BUDGET MODIFICATIONS SNOW REMOVAL 5. BUDGET MODIFICATIONS HIGHWAY OVERTIME 6. ACCEPTING A CARRIER FOR WORKERS COMPENSATION INSURANCE 7. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 8. APPROVING CONSTRUCTION OF MAINTENANCE SHACK AT HARKNESS PARK 9. DESIGNATION OF LIAISON COMMITTEES 10. APPROVING CONTRACT WITH THE PORT CHESTER RYE/RYE BROOK VOLUNTEER AMBULANCE CORP. 11. CHECK REGISTER APPROVAL OF MINUTES 12. JANUARY 12, 1993 13. JANUARY 26, 1993 REPORTS 14; AMBULANCE CORP. HENRY IJAMS 15. MEADOWLARK PARK SAFETY 16. GAMSON DRIVEWAY REQUEST WRITTEN COMMUNICATION 17. AMERICAN DIABETES ASSOCIATION RE: TOUR DE CURE 18. MARILYN A. MARINO RE: CURB REPLACEMENT DISCUSSION 19. PEDDLERS AND SOLICITORS TUESDAY, APRIL 13, 1993 PUBLIC HEARING VILLAGE OF RYE BROOK PROPOSED 1993-1994 BUDGET 00 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 23, 1993 CONVENE MEETING The Meeting was called to order at 8:00 p.m. by Mayor Cresenzi 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. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works -Robert J. Santoro, Chief of Police Kenneth E. Powell, Village Attorney Elizabeth Bottali, Secretary to the Village Board Village Treasurer, Joseph Cortese was not in attendance at this meeting. March 23, 1993 0 0 V.a&O CONTINUATION OF A PUBLIC HEARING 1. LOCAL LAW #2 OF 1993 ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT Mayor Cresenzi convened the Public Hearing at 8:00 p.m. and explained that recently, the Village Board held a joint work session with the Planning Board to discuss this proposed Local Law. Various changes were discussed at that meeting which have not yet been addressed in the proposed law, so until those changes are made and distributed to the Village Board, we cannot take further action on this matter, however, the public is free to ask questions or comment. Mrs. Chatman, a resident of Upper King Street stated that this seems to be a very good idea, however it seems to be very limited. Also, there are many people who would prefer to be able to buy something rather than rent. She questioned if this project was being built with any public funds. ' Mayor Cresenzi stated that it would be a private project as it is proposed now. It would be a total of fifteen dwelling units, four of which would remain affordable for seniors. We are still discussing changes which may solve the problem of being too limited. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SETTING CONTINUATION OF PUBLIC HEARING FOR LOCAL LAW N2 OF 1993 ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR AFFORDABLE SENIOR CITIZEN HOUSING. RESOLVED that a continuation of a Public Hearing that was held by the Village of Rye Brook Board of Trustees on Tuesday, March 23, 1993 at 8:00 p.m. will take place on Tuesday, April 27, 1993 at 8:00 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the adoption of proposed Local Law #2-1993 adding a new Section 66-36 to the Zoning Code of the Village of Rye Brook to provide for a special exception use permit for Affordable Senior Citizen Housing. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2 May 23, 1993 0 0 4„�J t) PUBLIC HEARING 2. LOCAL LAW #3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS Mayor Cresenzi convened the Public Hearing at 8:05 p.m. and explained that the Zoning Code Update Committee has been reviewing various aspects of the Zoning Code for the past two years. Trustee Pellino is the Chairman of that committee and they have put a lot of time and effort into various Zoning matters. The first of their recommendations, which is before us this evening, is the Planned Unit Development Districts. Trustee Pellino highlighted the entire Law explaining that they decided to repeal the current section 66-7 (E) of the Zoning Law of the Village of Rye Brook and substitute a new section 66- 7 (E) in it's place. Because there was so much revision of existing language and so much addition of new language, we felt it was really easier to re-write the entire section, rather than attempt to amend what was already there. Planned Unit Development is set up to design a flexible method of creating mixed use in a very large area, such as area North of the Hutchinson River Parkway. We currently have one PUD, the Arrowwood Development which is still underway. Trustee Pellino reviewed the purposes, procedures and requirements of this law and stated that once the Planning Board reviews this law and gets back to us with their recommendations we can then vote on making this a law. There is also an environmental assessment process that we must go through in addition, prior to passage of this law and Attorney Powell is here to describe that process. Attorney Powell explained that the State Environmental Quality Review Act requires certain procedures to be followed in the Environmental Review of the action. The adoption of an amendment to the Zoning Code would frequently qualify as an action and the Board, before it would adopt the Zoning Law amendment would be required to review the amendments under the State Environmental Quality Review Act (SEQRA) standards and then follow the procedures under the SEQRA that the law would not have a significant adverse impact on the environment or that if there was a positive declaration there would be an environmental impact statement procedure followed by the decision of the Board. These procedures would take place simultaneously with the adoption of the law. I Trustee Pellino stated that because we want to refer this to the Planning Board, he questioned if we should adjourn this Public Hearing until we receive the report from the Planning Board, after the public has a chance to comment. Attorney Powell recommended that legally, the Board should continue the Public Hearing to a day at which we will have sufficient time to receive the Planning Board's report. Trustee Daly questioned which area would be affected as far as the areas North of the Hutchinson River Parkway and the parcels involved that are not currently built upon. 3 March 23, 1993 0 I 41`8 / Trustee Daly also mentioned that we received a letter from the Westchester County Planning Department objecting to any residential uses North of Anderson Hill Road due to the noise coming from the airport. Trustee Pellino stated that this would apply to thirty contiguous acres or more and that sets us up to be North of the Hutchinson River Parkway. In the Environmental Impact Statement that was issued in 1988, there were a number of sites outlined which were not specifically slated for immediate improvement but could qualify in time for PUD designation. Those sites were the Blind Brook Country Club, the Arrowwood Site and High Point Hospital property (North), which is closer to the airport. There are no other sites at this time, that would qualify for PUD designation as the sites must be thirty contiguous acres. In reference to the memo from the Westchester County Department regarding this proposal, they stated that it is a local matter for this Village Board to decide. However, for all property North of Anderson Hill Road, they would discourage residential use because of it's proximity to the Airport, in terms of the noise it generates. Mayor Cresenzi questioned in reference to the gross floor area and the 9,000 feet for the residential section, if there would be any restrictions on the size of the storage facilities or garages, other than the thirty foot height restriction. Trustee Pellino stated that they have not yet defined the footprint restrictions for those facilities. Mayor Cresenzi stated that in reference to the setback from the property line that would be abutting any existing roads, currently in our residential one and two family zoning the minimum setback is forty feet for a front yard, but in this proposed law they are calling for a one hundred and fifty foot setback. Trustee Pellino explained that this was because what we are really doing here is compressing a higher number of units in terms of the residential use of these properties into a much smaller space. The buildings could be a little more intense and our object, in keeping with the flavor of the PUD itself, was to preserve open space and we felt that greater setbacks were required. A while back we consulted with the Planning Board and the Village Board on similar issues and at that time we received feedback that was in favor of this. Mayor Cresenzi stated that it seems that we are giving more attention to the setback from the road than we are from any other residential district. He stated that he would much rather see the buffer increased along the resislential and not give up so much along the road frontage. Trustee Pellino pointed out that in projects such as this the builder is probably going to be more inclined to try and draw the building as close to the front of the property as he can and because of the fact that it is going to be thirty acres or more in every case, we felt that the likelihood is that the buildings wouldn't be set back that far. We must also keep in mind that the Village Board does have discretion on all of the setback lines up to.20% so that depending on the project this Board may require that the developer bring the buildings further away from the residential district. 4 U0 '`tz5 March 23, 1993 Mayor Cresenzi agreed, however, by the time the proposals come to the Village Board, it has already gone through the whole planning process and if they know what we want in the beginning, it would be easier for the developers. He also questioned the minimum buffer areas not covered by one or two and asked for an example. Trustee Pellino stated that an example would be the scenario with the Blind Brook Club. Anderson Hill Road would be covered in number one with a setback of one hundred and fifty feet. The R-15 residential district (Country Ridge Drive area) would be covered in number two. Number three would include the 12'/z acre site on the corner of King Street and Anderson Hill Road which is currently an H-1 district and on the West side of the property would be the Pepsico property, but the small side on Anderson Hill and King Street would go to item number three. Mayor Cresenzi stated that he would rather have the setback increased there if possible to one hundred feet because a future board could rezone the property and we could have a residential zone there also. In reference to the applicant, we should give them eighteen months, rather than twelve months because of the economic times that exist today. Trustee Pellino stated that the issue of the twelve month time frame is partially covered under the miscellaneous section. It is in the discretion of the Village Board to allow a period of time within the twelve month time frame and after a short time thereafter, we can bring in a consultant to determine whether or not this project should have been pursued quicker than it has been from this time forward. Mayor Cresenzi questioned if any discussions took place regarding the reduction in the acreage size. Trustee Pellino stated that it was discussed and they elected to keep it at thirty because the provision under which we drafted this proposed law were such that not all of these provisions would work. The thirty acres afforded the developer the chance to be creative and flexible in terms of his design and use of the site and at the same time give the community the opportunity to get some recreational land out of it and to add the proper setbacks on the land that is used for development so that we would have an open air feeling about those types of sites. i Trustee Solomon questioned what type of commercial and retail would be allowed on these sites. Trustee Pellino stated that they were restrictive in their definitions, as shown on page 2(a). A facility shall not exceed a total of 3,500 gross square feet, which is not a large amount of space. Trustee Solomon questioned where these facilities, such as food and beverage and convenient stores would be on the property. For example, it may not be convenient to have a PUD development in back of Country Ridge Drive. Trustee Pellino stated that for retail use facing the back of a property, they would front it on Anderson Hill Road, but we didn't discuss it in that context, because we felt it depends on the project. The Planning Board has the authority to discuss with any potential applicant the location on a site of any of these types of facilities. 5 March 23, 1993 4 Trustee Daly questioned the perimeter of the buffer area being no less than 25% of the total site and that the requirements shall be increased or decreased by a maximum of 20%. Does that mean that you can go down to 5%. Trustee Pellino stated that it meant 25% of the computed buffer area, not the whole site. For every one hundred feet of buffer area, the Village Board could increase or decrease that by twenty feet depending upon the proposal that is before them. Trustee Zuckerman questioned differentiating with regard to the size of such uses as garages and storage facilities. Trustee Pellino stated that because of the square footage, we haven't really detailed that here. My feeling is that it depends on the project. I don't believe that the applicant will come along and overwhelm us with accessory uses when the real application is going to be in residences and/or commercial and retail. It states in the law that community activities primarily serving the site shall be prohibited so with the exception of the PUD or common community activities, the facilities really are going to be limited in size by the overall dimensions of the project. The Planning Board will also have the authority to comment. Trustee Zuckerman stated that we should pay attention to the outline and procedure and make it more clear because there are many numbers and letters. Mr. Heller stated that there are five possible PUD's in the Anderson Hill Road area. He also questioned the Environmental Impact Statement. Trustee Pellino stated once again, that it depends on the project. Trustee Zuckerman stated that the project will have an environmental impact of some kind and then it would have to have another environmental impact statement dealing with that property. Mr. Heller stated that the Environmental Committee should at some point give it's recommendations and have the Planning Board act on it. Trustee Pellino stated that the Zoning Code Update Committee sought the advise of the Environmental Committee on the Wetlands Law and the Board will take the PUD Ordinance into consideration. We are also working on other things for the Environmental Committee to become involved with. Mr. Heller stated that all five PUD's are wetlands. Perhaps the Environmental Committee could work with the Planning Board on the PUD's. Eve Heyn, a reporter for the Daily Item questioned if the PUD's would be mostly commercial or mostly residential with other uses. Trustee Zuckerman stated that the design is to provide flexibility so that you can have a housing development with commercial and accessory uses attached to it. Mayor Cresenzi suggested that we adjourn this Public Hearing to the May 25, 1993 meeting if there were no further comments. 6 March 23, 1993 Trustee Zuckerman suggested that we refer this to the Planning Board for a report to be ready prior to the May 25, 1993 meeting, which would give them two meetings to prepare the report. The Board of Trustees agreed. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION SETTING CONTINUATION OF PUBLIC HEARING FOR LOCAL LAW #3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS RESOLVED that a continuation of a Public Hearing that was held by the Village of Rye Brook Board of Trustees on Tuesday, March 23, 1993 at 8:00 p.m. will take place on Tuesday, May 25, 1993 at 8:00 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the adoption of proposed Local Law /t3-1993 repealing Section 66-7 (E) of the Zoning Law of the Village of Rye Brook and substituting a new Section 66-7 (E) regarding planned unit development districts. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 3. BUDGET MODIFICATIONS POLICE DEPARTMENT Administrator Russo explained that this was for a copier for the Police Department to replace the second hand one that is no longer in service. Trustee Solomon stated that an automatic document feeder should save everyone a lot of time. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: 7 0n.1 March 23, 1993 RESOLUTION BUDGET MODIFICATIONS POLICE DEPARTMENT RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.3120.200 $4,235 (Contingency) (Police Equipment) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. BUDGET MODIFICATIONS SNOW REMOVAL Administrator Russo stated that according to Mr. Circosta's memo of March 12, 1993, we were holding $14,000. worth of bills at the time and have spent more money to date by ordering more sand and salt and are in need of a budget modification of $18,000. that we hope will get us through this season. Trustee Daly questioned if we are going to be getting any money back. Administrator Russo stated that we are applying for funding but have not gotten the results. As .the Board already knows, we have gotten word that we will be getting $17,000 back from this past December. Trustee Pellino questioned the State reimbursement for State roads. Administrator Russo stated that he did not know if that effects this emergency funding that is coming from the Federal and State Government. Trustee Pellino stated that we should get the money quicker. i On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION BUDGET MODIFICATIONS SNOW REMOVAL RESOLVED, that the following budget modifications be hereby approved: 8 4 1 F� •q] (n .l March 23, 1993 I FROM TO AMOUNT 101.1990.424 101.5142.417 $18,000 (Contingency) (Sand/Salt/Calcium Chloride) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. BUDGET MODIFICATIONS HIGHWAY OVERTIME On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION BUDGET MODIFICATIONS HIGHWAY OVERTIME RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1640.189 $2,000 (Contingency) (Central Garage- Overtime) 101.1990.424 101.5110.189 $3,000 (Contingency) (Highway-Overtime) 101.1990.424 101.5110.199 $3,000 (Contingency) (Highway-Temp Help) 101.1990.424 101.5142.199 i6m (Contingency) (Snow Removal- Overtime) TOTAL FROM CONTINGENCY $14,000 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9 March 23, 1993 0 04 G 9 J Trustee Zuckerman congratulated Mr. Circosta and the entire Highway Department for the excellent job they did over the weekend of the storm. 6. ACCEPTING A CARRIER FOR WORKERS COMPENSATION INSURANCE Administrator Russo stated that due to a technicality in terms of the time frame one carrier that is the lowest is still in negotiations with the State Insurance Fund. He suggested to hold a special meeting of the Board of Trustees next Tuesday, and have a majority of the Village Board present to hold this resolution over and discuss it then. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION SPECIAL MEETING RESOLVED, that a Special Meeting of the Village of Rye Brook Board of Trustees will be held on Tuesday, March 30, 1993 in the Meeting Room at the Village Offices, 90 South Ridge Street, Rye Brook, NY at 5:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND WHEREAS, the Village of Rye Brook is in the process of reconstructing the Anthony J. Posillipo Community Center; and WHEREAS, interested Citizens of the Village of Rye Brook and others have indicated a desire to make donations in support of the project to assist the Village in realizing this reconstruction. 10 March 23, 1993 NOW, THEREFORE, BE IT RESOLVED, that the donations in the accompanying list are accepted for the Anthony J. Posillipo Community Center Reconstruction Fund. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ANTHONY J. POSILLIPO RECONSTRUCTION FUND NAME DONATION WALTER & MILLIE KACHINSKI $100.00 57 ROANOKE AVENUE RYE BROOK, NEW YORK 10573 RYE BROOK SENIOR CENTER $200.00 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK 10573 EVA RAMO MEMORIAL FUND $1,000.00 C/O RYE BROOK SENIOR CENTER 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK 10573 ROSE POSILLIPO $5,000.00 319 OLIVIA STREET PORT CHESTER, NEW YORK 10573 I TOTAL $6,300.00 Mayor Cresenzi publicly thanked each and every person who donated money toward the Anthony J. Posillipo Community Center Reconstruction Project. 8. APPROVING CONSTRUCTION OF MAINTENANCE SHACK AT HARKNESS PARK Administrator Russo stated that thisreplacero osal will two shacks that have been there over P P the years but just haven't held up. One was burned, one was smashed and we are looking to make a more permanent structure on the site. Trustee Solomon questioned what is being done as far as security to prevent smashing and burning. 11 i March 23, 1993 004390" Thomas Hroncich, Superintendent of Recreation and Parks stated that he is open to suggestions, as one shack was even blown up. The way that this shack is going to be constructed, we will be able to prevent much more than we could in the past. There is a possibility that we might make some sort of a portable toilet available there. Trustee Zuckerman suggested that we change the word "shack" to "shelter." Trustee Pellino questioned if there is an attendant there at all times during tennis season. Mr. Hroncich stated that an attendant is there a majority of the time during tennis season. Trustee Solomon questioned if the area would be lit so as to discourage anyone from vandalizing it. Mayor Cresenzi stated that you can't make anything people proof if they want to cause damage, they will. Trustee Zuckerman questioned if there have been any problems at Pine Ridge Park. Mr. Hroncich stated that since a shelter has been built out of concrete block, there have been no problems. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION HARKNESS PARK SHELTER WHEREAS, Recreation & Parks Department wishes to provide a higher level of service to the Community at the Harkness Park Tennis Courts by the construction of a maintenance shelter. NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby approves of the use of up to $5,500 from the Recreation Trust & Agency Account for the purposes of construction of such a shelter. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. DESIGNATION OF LIAISON COMMITTEES On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: 12 garb4 1;916 March 23, 1993 RESOLUTION DESIGNATION OF LIAISON COMMITTEES RESOLVED, that the following Liaison Committees are established: COMMITTEE VILLAGE REPRESENTATIVE Blind Brook School District Trustee Zuckerman Trustee Pellino Port Chester School District Trustee Daly Trustee Solomon Rye Town Board Trustee Daly Trustee Zuckerman Port Chester Village Board Trustee Solomon Trustee Pellino RESOLVED, that the Mayor shall be an ex-officio member of each committee and may, at his option, attend and participate in meetings where a designated member is unavailable or otherwise where the Mayor deems it appropriate; and be it FURTHER RESOLVED, that the purpose of these Committees is to establish a mechanism for exchange of information and discussion of issues of mutual concern subject to the overall supervision and control of the Board of Trustees; and be it FURTHER RESOLVED, that the Blind Brook School District, the Port Chester School District, the Town Board of the Town of Rye, and the Village Board of the Village of Port Chester are invited and urged to designate members to Liaison Committees with the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Zuckerman thanked the Board for passing this resolution and setting up these committees. He added that he is looking forward to this Board having a productive relationship with each Board mentioned in the resolution. Mayor Cresenzi agreed and added that the Liaison Committees can only productive. 13 March 23, 1993 OC499°i 10. APPROVING CONTRACT WITH THE PORT CHESTER RYE/RYE BROOK VOLUNTEER AMBULANCE CORP. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING CONTRACT WITH THE PORT CHESTER/ RYE/RYE BROOK VOLUNTEER AMBULANCE CORP I RESOLVED, that the Village of Rye Brook is authorized to enter into a contract with the Port Chester-Rye-Rye Brook Volunteer Ambulance Corp for the provision of ambulance services during the period of January 1, 1993 to December 31, 1993 for the total sum of $44,000 and under which contract the City of Rye and the Village of Port Chester shall pay an equivalent amount; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Administrator Russo explained that this contract was signed off on by the City of Rye, the Village of Port Chester and the Village of Rye Brook is at the end of the loop. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION 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; On-line Checks: #6229-6338 Payroll Checks: #9395-9609 Environmental: NONE Recreational Trust: NONE Capital: #2008 Manual Checks: #10096-10099 Birthday Run: NONE 14 March 23, 1993 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 12. JANUARY 12, 1993 13. JANUARY 26, 1993 On Motion made by Trustee Solomon, seconded by Trustee Daly, the minutes of January 12, 1993 and January 26, 1993 were approved as amended. REPORTS 14. AMBULANCE CORP. HENRY ]JAMS Mr. Henry Ijams, President of the Port Chester/Rye/Rye Brook Volunteer Ambulance Corp. was present to update the Board on various activities going on at the Ambulance Corp. Mr. Ijams stated that he brings good news as things are going very well. The Village of Rye Brook gave a 15% increase last year and 15% again this year. In February 1992 we instituted the Revenue Recovery Program, at the Village's request. It brought in roughly seventy-five thousand dollars of new money which actually put the Ambulance Corp at quite a surplus for last year, which we are holding onto by agreement until we decide what to do with it. We conducted a very successful membership drive, bringing in twelve new members in the last six to eight months and they are undergoing training and becoming EMT's. We will be having another drive very soon. The Ambulance Corp. has been going through some OSHA compliance regulations and we feel that we are in compliance with all the new regulations. We really wanted to thank you for the increase last year. We purchased a new ambulance last year and were financed through the Bank of New York. It is a long term goal of ours to not purchase Capital equipment with borrowed money, but with money that we have in reserve. We are working on a twenty-four hour plan for the volunteer ambulance service and have obtained the services of Jay Fitch and Associates of Missouri who is an EMS Consultant. He will come and speak to the key people from each municipality to get a feeling of what is needed in the community. His work would involve analysis of our current system, what our needs are here in the community, conducting interviews with the key people, developing and implementing strategy. 15 March 23, 1993 K die Mr. Ijams stated that the cost to this date would be roughly fifteen thousand dollars to do this study. We are doing this to reduce the overall cost to the communities and to improve the level of service. He added that he would contact Administrator Russo to discuss when the Village Board could be available to meet with Mr. Fitch. He questioned if the Village would like to set up a special sub-committee of Trustees to work on this. We are very comfortable with the work that Sid Brandy, who is the Village's representative with us. However, if it is the Boards wish to expand upon that they are more than welcome to. Mayor Cresenzi thanked Mr. Ijams for his report and also thanked all the volunteers. 15. MEADOWLARK PARK SAFETY Mayor Cresenzi stated that he received a memo from Mr. Circosta, stating that the information will be available for the April 13, 1993 meeting. Mr. Circosta stated that they still haven't found the actual survey and we are currently trying to get information regarding the fence. 16. DAMSON DRIVEWAY REQUEST Mayor Cresenzi stated that there was a plan submitted from Mr. Gamson regarding his driveway request. Trustee Zuckerman stated that he lives across the street from the driveway in question and having a personal interest, added that he didn't think it proper to take part in the discussion and the decision, so he excused himself. He added that the residents of the area should have received notification of the area other than on Cable. Caryn Bromberg stated that she and her husband David are building a house on Hillandale Road, next to the Gamson'9 and are four weeks from completion and need to clear this matter up or else they will be living on the street. We both together asked the Zoning Board to reconsider to allow the two properties to have their own driveway cut and they have referred this to the Village Board. We drove around the Village and noticed almost all residents have their own curb cuts and some even have two curb cuts for circular driveways. On Hillandale, with the exception of the private road at 20-24 Hillandale, we are the only homes that are without their own driveway. Also by having the two curb cuts, it would enable us to landscape our property by planting shade trees and give privacy to the neighbors across the street. We feel that this is a reasonable request as we have only an eight foot divider. The two driveways are on a hill, the Gamson's driveway being five feet higher than ours, so the current drive cut would have to be a different height and would look odd. It is somewhat of a hazard to have only one driveway cut as neither of us would really have the right of way coming in and out of the driveway. Arnold Gamson, of 6 Hillandale Road stated that at the time it was suggested that we share a driveway, all parties concerned were not very aware of the rain problems, as it was not visible from the map. There was an error made at that time and we ask that the Village Board give serious consideration to our request. 16 March 23, 1993 J'(14 0 0 Mayor Cresenzi suggested that the procedural guidelines should be discussed by Attorney Powell, as the Zoning Board has certain judicial powers that the Village Board cannot overrule. Attorney Powell stated that it was a condition of the Zoning Board of Appeals decision in granting the variance. The Zoning Board of Appeals would have the jurisdiction to decide whether the restriction be lifted or not. He recommended to refer the application to the Zoning Board of Appeals to hold a Public Hearing on the same notice that they held on the first variance application and have them make it's decision as to whether it believes the condition should be lifted and then be referred back to the Board of Trustees. Mr. Gamson stated that he spoke to Mr. Circosta about going to the Zoning Board of Appeals but he advised that the easement was not modified by that Board, it is modified by this Board. We are just bouncing back and forth and we need an answer soon. Attorney Powell stated that the Zoning Board of Appeals is the Board that has jurisdiction over the conditions which it poses on various applications and therefore it really should be dealt with in the first instance with that Board. Mr. Circosta stated that we have a memo from the Village Attorney and that is where the procedure is right now. Mayor Cresenzi questioned if this must be referred by resolution. Attorney Powell stated yes, and that the best way to deal with this is for it to go back to the Zoning Board of Appeals. David Bromberg stated that this would be problematic as a Certificate of Occupancy is needed very soon. Mr. Circosta stated that the Rye Brook Building Department has the authority to issue a temporary Certificate of Occupancy which allows a person to live in that house with a time limit to finish barriers on other items. It could be for thirty, sixty or ninety days then the temporary can revert into a Final Certificate of Occupancy so it doesn't prohibit anyone from moving into their premises. Trustee Solomon questioned if the Temporary Certificate of Occupancy can be kept open. Mr. Circosta stated that we do not like to keep them open, but we would give them an acceptable amount of time to complete this application. Mrs. Gamson questioned why they couldn't get proper information regarding the procedures. If they had known that they needed to go through the Zoning Board of Appeals, they would have done so in the first place and it would have saved a lot of time. She further questioned who is responsible for not providing that proper information. 17 March 23, 1993 Attorney Powell stated that the variance that was granted, was granted on the application of the property owner under the condition that the property could not be subdivided. The Zoning Board of Appeals did grant a lien,,but only under ceratin conditions. Those conditions are not a subject of issue because the situation is an unusual one, where the declaration did also call for approval by the Board of Trustees but a condition was not imposed by the Board of Trustees, it was imposed by the Zoning Board of Appeals. This is procedurally complicated. Mrs. Gamson stated that her question was not answered. She asked why they were not asked to go to the next Zoning Board Meeting. Attorney Powell stated that he did not have an answer to that. Mr. Bromberg stated that this is costing him money and stated that it was his understanding that the Village Board of Trustees is responsible for any changes. Attorney Powell read the decision of the Zoning Board of Appeals which stated that the variance was granted and is hereby granted on the following conditions: Applicant shall file and record a declaration of easement and restrictions which has been consented to by the applicants and approved by the Village Attorney in a form attached hereto. Continual adherence to each of the conditions and restrictions contained in said declaration of easement restrictions. Mr. Gamson interrupted Attorney Powell and stated that there is a section that says that it is modifiable by this Court. Attorney Powell stated that he is aware that it is modifiable by this Board, however he will still maintain that if you wish to remove a condition imposed by the Zoning Board of Appeals, the condition must be removed by the Zoning Board of Appeals, whether or not the declaration states that or not. Mr. Gamson stated that Mr. Powell had a perfectly valid opinion, however he does not share that opinion and neither does Mr. Circosta. Attorney Powell stated that he did not consult with anyone to arrive at that opinion, he reviewed the documents and came to that opinion on his own analysis after the Board of Trustees requested a report be prepared several weeks ago. Mr. Gamson stated that he was surprised that he was not advised about that report. Attorney Powell explained that his memorandum to the Mayor and the Board of Trustees are privileged and confidential and I am not committed to share them with anyone else, Attorney Powell added. Mayor Cresenzi stated that he does not release privileged and confidential documents to the general public. This memorandum was given to the Board a few weeks ago, therefore when Mr. Gamson met with us, we did not have any information to give out. He would like to resolve this issue so that it is not challengeable by the Zoning Board, as it is not uncommon in other jurisdictions for a Zoning Board of Appeals to sue Trustees, Village Boards or vice versa. 18 ()('V0 2 March 23, 1993 Mayor Cresenzi stated that if it is Attorney Powell's opinion that this be referred to the Zoning Board of Appeals, then that is what we should do. We can't modify the site plan unless we get relieved from that zoning restriction. Mrs. Gamson questioned if it was possible to be on the Agenda for the next Zoning Board Meeting. Mayor Cresenzi stated that the Zoning Board of Appeals Agenda is set twenty days prior to the meeting. Mr. Gamson questioned the merit of issue. He would like to go on record as saying that there is some kind of notion about the merit of the request. All we are doing is dodging the issue. Attorney Powell stated that it is premature to rule the merits of the application until the Zoning Board of Appeals has reviewed the request. Mayor Cresenzi stated that he did not feel unqualified to judge the merit of the request. I have not reviewed the initial transcript dialogue report from the initial Zoning case to see how it applies here. If you could get a decision from the Zoning Board at their May meeting, you could get on the Village Board agenda for May. Trustee Solomon stated that the Gamson's agreed to all of these restrictions, now that it is coming back to haunt them, they really should not try to put the blame on the Village Board. It is not the fault of the Bromberg's, because the Garrison's agreed to these restrictions and to a certain degree, you have to go through the process. Mr. Gamson stated that the acceptance of this was several years ago. It was not clear what we were accepting at that time. Now that it becomes clear about what we accepted, it seems ridiculous to follow through on an error. To say that you are not allowed to change your mind whether you accepted something is not fair. Trustee Solomon stated that the fact of the matter was that it was an error made by the Gamson's and now everyone must go through the proper process in order to get relief. Mr. Gamson stated that he would like very much to go through the process that is required, the only problem is that there isn't a clear notion as to what the proper process is. The process that we are to go through was just invented less than two weeks ago by the Village Attorney. Attorney Powell stated that there was no invention of the process. The process had to be established based on what had already been done and taken place. Mayor Cresenzi stated that all members agree that this plan should be referred to the Zoning Board of Appeals and we will try to have both meetings in the month of May and move things along as quickly as possible. Mr. Gamson apologized and stated that if he seemed angry, it is just because it has meant money out of his pocket and he feels as though he has not received the attention that he feels he deserves from this particular Village. 19 )'?470J March 23, 1993 On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION GAMSON/BROMBERG ZONING BOARD REFERRAL HH LANDALE ROAD RESOLVED, that a request for change in a condition of a variance was made regarding the Gamson/Bromberg driveway; and be it FURTHER RESOLVED, that said request was referred to the Zoning Board of Appeals for their review and recommendation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN ABSTAINED MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 17. AMERICAN DIABETES ASSOCIATION RE: TOUR DE CURE Administrator Russo explained that this was a fundraising bicycle tour that would involve the use of South Ridge Street to North Ridge Street to King Street and Westchester Avenue. A map has been provided for our information. Chief Santoro stated that there should not be any problems and it has been coordinated with the Police Department. 18. MARILYN A. MARINO RE: CURB REPLACEMENT Administrator Russo stated that the title "Curb Replacement" was an incorrect title. Ms. Marino wrote a letter commending the Highway Department for the great job they did plowing during the snowstorm and added that when plowing near her curb, the Highway Department plowed a section of her curb off and questioned if she might have it replaced in the Spring. Our office will write Ms. Marino a letter to let her know when her curb will be replaced. DISCUSSION 19. PEDDLERS AND SOLICITORS Mayor Cresenzi stated that Attorney Powell looked into a complaint regarding people soliciting in Rye Brook after dark during the Winter months and had information to share with the Board this evening. 20 004704' March 23, 1993 Attorney Powell stated that Chapter 174 of the Rye Brook Code extensively regulates peddlers and solicitors and they are forbidden to solicit before 9:00 a.m. and after 7:00 p.m., however, based on case law which is in the federal courts, there is a problem restricting any enforcement before 9:00 p.m. Trustee Pellino questioned if this could fall under Public Safety and the Village be able to have recourse because in the winter months it is dark and some people may be frightened to answer their door if they are the only ones at home. Attorney Powell stated that it could be a defense in a legal challenge. Trustee Solomon questioned if we could amend the law to read sundown other than tie it into a particular time. Attorney Powell stated that he never heard of a case which involved sundown, so he did not think so. Trustee Zuckerman questioned if we could differentiate on the types of things that are being solicited based on conduct. Attorney Powell stated that we currently have a blanket restriction, except in the Summertime, selling from a motor vehicle is a little later, however in it is between 9:00 a.m. and 7:00 p.m. and that is the Rye Brook rule in this Code. Trustee Zuckerman questioned if we could change the law to read that soliciting is forbidden after 7:00 p.m except in certain cases involved. Chief Santoro stated that the only people that are out after 7:00 p.m. are the political activist groups. Trustee Solomon questioned if campaigning for elections falls into the category of solicitation. Attorney Powell stated that he would have to look at the definitions. Chief Santoro stated that the problem is not selling items, the problem is dealing with the freedom of speech. In most cases, they agree to our rules, registering with us, providing us with a list of names and social security numbers. Most of them wear identification and tell us their pick up points. Trustee Zuckerman questioned if we were dealing with a potential annoyance problem or noise problem. Chief Santoro stated that the problem is annoyance. Also, some of our streets are not well lit and are not too safe to the solicitors. Trustee Daly stated the she felt that we should leave it at 7:00 p.m. Trustee Solomon stated that perhaps we could ask, rather than tell them to cooperate by ending the soliciting at 7:00 p.m. 21 March 23, 1993 Mayor Cresenzi stated that we could not make any decisions on this issue tonight, however, we will take this up at a later date. Chief Santoro stated that he left a memo in the Board boxes about the DARE Program. The problem is that the class up at Saratoga is May 17, 1993 and is practically closed and the next class is in September. We are looking for approval from the Board to go ahead and reserve the seats. Chief Santoro stated that apparently there was some strong activity at the Blind Brook School regarding the DARE Program. As you all know, the Port Chester School system on this end of the Village has a DARE Program which works in conjunction with Sgt. Platteroti and a group in Port Chester and our Youth Officer Jimmy Mitchell. Most of the program is totally run in the Port Chester Schools with our residents in the School district participating. The Blind Brook School system doesn't have a DARE program and apparently Bruno Ponterio and the School Board have approval and requested that the DARE Program be instituted in their school. Officer Mitchell said that they have been discussing this for quite a while and they are all in favor of it. Officer Jimmy Mitchell will start off with one class. When the second group comes into the picture, we will probably bring another officer into the program. It is a uniform program, and they will both be wearing uniforms during the class. Mayor Cresenzi agreed that this was a great program and will have a positive effect on the Village. The entire Board agreed that the Village should go ahead with the program. Administrator Russo indicated that we have the adequate funding and Nancy Tunis, Chairperson of the Youth Council has stated that funds are available for Youth Programs and she is also in support of this program. Trustee Pellino questioned if a memo could be sent to the Planning Board and Zoning Board members regarding workshops given by the Westchester Municipal Planning Federation. The programs being offered are particularly good this year. Trustee Solomon questioned the memo that was received from Andrew O'Rourke. Administrator Russo-stated that hd was attending a meeting on Friday regarding the letter and would have more information for the Board at the next meeting. AD.TOURNMENT Mayor Cresenzi adjourned the Meeting at 10:30 A.M. Respectfully submitted, Elizabeth Bottali Secretary to the Village Board 22