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HomeMy WebLinkAbout1991-03-26 - Board of Trustees Meeting Minutes AGENDA VILLAGE BOARD MEETING MARCH 26, 1991 8:00 P.M. i PLEDGE OF ALLEGIANCE ACTION 1. RECONVENE AS THE BOARD OF ASSESSMENT REVIEW APPROVING GRIEVANCE SETTLEMENTS PUBLIC HEARINGS 2. RIDGE STREET SCHOOL PLAYGROUND SITE PLAN APPLICATION j SECTION 1, BL. 5, LOTS 11-A-1 & 11-B 3. ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD SITE PLAN MODIFICATION SECT. -1, BL. 3, LOTS 5A, 5B, 5C & 6 4. ADOPTION OF VILLAGE OF RYE BROOK CODE LOCAL LAW # 1 - 1991 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK RESOLUTIONS 5. SETTING PUBLIC HEARING DATE VILLAGE OF RYE BROOK 1991-1992 PROPOSED BUDGET 6. APPOINTMENT OF CHIEF OF POLICE (PROVISIONAL) 7. WESTCHESTER COUNTY WOOD WASTE PROCESSING INTERMUNICIPAL AGREEMENT 8. JAMES FAHERTY - 760 KING STREET SECT. 1, BL. 10, LOTS 2B, 2C, 3A, 5B, 6B REFERRAL TO THE PLANNING BOARD FOR APPROVAL OF SUBDIVISION RESOLUTIONS . . . . . . . continued 9. SVETKO IVANOV 82 VALLEY TERRACE SECT. 1, BL. 6B, LOTS 6-12 REFERRAL TO THE PLANNING BOARD FOR APPROVAL OF SUBDIVISION 10. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECT. 1, BL. 10, LOT 6A REFERRAL TO THE PLANNING BOARD FOR APPROVAL OF SUBDIVISION 11. CHECK REGISTER WRITTEN COMMUNICATION 12. ALFRED LOSITO HIGHWAY FOREMAN RE: RESIGNATION APPROVAL OF MINUTES 13. JANUARY 22, 1991 14. FEBRUARY 12, 1991 15. FEBRUARY 19, 1991(GRIEVANCE DAY) 16. FEBRUARY 26, 1991 17. MARCH 12, 1991 18. MARCH 19, 1991(CANVASS OF VOTES) NEXT MEETING DATES APRIL 9, 1991 - AGENDA MEETING APRIL 23, 1991 - REGULAR MEETING ITEMS FOR APRIL 9, 1991 MEETING 1. BUDGET HEARING 2. ANNUAL ORGANIZATIONAL MEETING HELP LOWER TONNAGE AND R E C Y C L E ! ! ! ! ! ! ! 001836 MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 26, 1991 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 Michele R. Daly Trustee Francis L. Filipowski Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Lori Ann DeMarco, Ass't. to the Village Administrator Elizabeth Czajkowski, Secretary to the Village Board Joseph Cortese, Village Treasurer, was not in attendance at this meeting. i - 1 - 0018 ;36 March 26, 1991 Mayor Cresenzi announced that two firefighters, Eugene Miller and George Siclari, were injured on March 13, 1991. He stated that Mr. Miller, having lost two limbs, may not be expected to live. He is only 19 years old. The Fire Department has set up a fund called "Friends of Eugene Miller", c/o Fire Patrol and Rescue, P.O. Box 1254 Port Chester, New York. Mayor Cresenzi stated that the community should show some support. Trustee Smith added that there was a blood drive at Fire Headquarters, which she participated in and many people supported. Mayor Cresenzi stated that Mr. Heller requested a few moments to make a statement regarding the adoption of the Village Code. Mr. Heller stated that upon reviewing a copy of the codification he noticed that many of the ordinances have been rewritten and there are items in there that the public really ought to be informed of. Mayor Cresenzi stated that his intention is to convene the Public Hearing this evening, taking no action on this matter until it is fully aired before the Public. Mr. Heller asked that the Board publish the significant changes so that residents are aware of them . Mayor Cresenzi informed Mr. Heller that the changes are available currently in the Village of Rye Brook Office and can be viewed between the hours of 9 A.M. and 5 P.M. Residents are more than welcome to discuss this with the Board at any time. Mayor Cresenzi stated that there will be no action taken on this matter this evening, and all questions will be answered prior to action being taken. Mayor Cresenzi declared the Public Hearing Section of the meeting open. PUBLIC HEARING 2. RIDGE STREET SCHOOL PLAYGROUND SITE PLAN APPLICATION SECTION 1, BL. 5, LOTS 11-A-1 & 11-B Mayor Cresenzi convened the Public Hearing dealing with the Ridge Street School Site Plan Application and then introduced Marilyn Capizzano, Assistant Superintendent of Schools. - 2 - 00.1837 March 26, 1991 Ms. Capizzano explained that she was here to obtain final approval from the Village Board so that they may start the construction of the Playground on April 20, 1991. She introduced the engineer on the project, Jim Walker. j Ms. Capizzano explained that on the 20th and 21st of April, there will be approximately 50 people each day putting the final pieces together and formalizing the playground. They are using a landscape architect and the pieces are all being built by volunteers. Mr. Walker explained that the playground was designed by Environmental Design Inc. and Mr. Walker is substituting for Bernie Clarks, who was not available to attend this evenings meeting. He explained that there are a number of structures which are designed for children. They are scaled to the children in that the stairs, platforms and all the pieces were built child size and out of pressure treated lumber, which is readily available. It consists of a number of used automobile tires, slides and a double decker bus with four steering wheels. The playground will be built in a new site also located at Ridge Street School. When driving into the upper driveway, past the existing playground, a maintenance building is on your right, and past the maintenance building is an open field with nothing in it at the present time. Beyond that are the soccer and football fields, where the new playground will be located. Some of the structures in that playground will be dismantled and moved to the new site, assuming they hold together. Mr. Walker then referred to the map. He explained that he was asked to come into this project to expedite the paper work for the state Board of Education, which has been approved and to design the drainage system. One of the problems with the existing playground is that it uses the native soil, which as soon as it gets wet, becomes like glue. This playground will be built on a gravel base and under the gravel will be perforated PVC pipe which connects to a drainage system that is already in place on the field. On top of the gravel is a special base used for playgrounds somewhat like mulch chips. This provides a soft resilient surface so that children will not get hurt when they fall off. Trustee Ravich asked if it was an organic material and Mr. Walker replied that it was. Trustee Smith questioned if much maintenance would be involved. - 3 - 001838 March 26, 1991 Mr. Walker replied that once a month the playground should be raked out and once a year another couple of bags of mulch chips should be purchased and spread out. A layer of filter fabric keeps it from getting into the stones underneath, which is also the same fabric seen at construction sites. It is put down horizontal in great big sheets to keep the mulch from working its way down into the stones. Each structure is a separate unit and the question asked by the Planning Board was how tall is the tallest one. The tallest platform is five feet and there is a railing around that which makes the total height about 7 or 8 feet. The swings are 3 separate posts supporting the swing and the top of the triangle g where the pasts come together is 12 feet. This is not a high impact site. Trustee Smith questioned if it was going to be lit so it may be used at night. Mr. Walker replied that there are no plans to light the attract night playground as it wouldht visitors.g The playground caters to school children up to 6th grade. There is also a group of seats with a stage to be used for outdoor classes, etc. He also stated that access to the playground would be seven days a week. Sy Tarshis informed the Board that there is a drainage system already in that area and it is very wet there. Also the School District has spent an enormous amount of money on three occasions to try and correct that problem. This playground would mean plugging into an existing drainage system which is already having problems. It cannot even hold the capacity now that it is intended for. It floods between Dorchester Drive and Sleepy Hollow Road leaving a tremendous puddle. Mr. Walker explained that the playground will neither increase or decrease the amount of water that is collected from this area. Myron Pollock stated that there were two trenches cut to create a higher center to keep the fields dry at the time pipes were tied into a storm drain which is beneath the street level. Marilyn Capizzano replied that there is an existing parking lot at the moment and they hope to build additional parking where the existing playground is located. During the school day, no other vehicles can come on the school property because the children and teachers are there. After school hours all the current parking becomes available to the community to park and use the playground. - 4 - 001830 March 26, 1991 Joan Beinart of 400 N. Ridge St. questioned when the existing playground was to become a parking lot. Ms. Capizzano stated that she could not speak for the Board of Education. The funds would have to be raised first. Right now the playground is going to be removed and the site is going to be regraded and seeded. Hopefully, soon after that it will become a parking lot. Pam Kaplow of 20 Dorchester Drive stated that Ridge Street School presently has a problem. There is no parking available at Ridge Street School during the day and children ranging from age 0 - 4 may want to use the facility between now and whenever that new parking facility should come in. She inquired where these cars are going to be parked during the school day. Michael Stolzar, of 19 Rockinghorse Trail, a neighbor of the school and also a member of the Planning Board, mentioned that while looking at a site it is up to the governing body or the lead agency to decide wether or not something will have a significant enough environmental impact or require an environmental impact statement. On the site is a playground and a number of additional vehicles is not anticipated to be anything significant during the school day. There is not an overwhelming crowd of below kindergarten aged children coming to use the current playground during school hours. After it rains, there is a large amount of water in many backyards. This is a result of the drainage in the whole area. What we are looking at is a small site which already has a certain amount of water which drains off into the drainage area. Now the drainage coming from the Playground will be going into a drainage pipe instead of going off. The drainage pipe was built to carry the water off. The current playground is dangerous and unsafe in the mud. The community as a whole has raised money to put together what will add to the enjoyment our children will have growing up-in this community. Steve Roth, of B Sleepy Hollow Road stated that his daughter is on the Blind Brook Soccer team, and asked if the playground will interfere with the soccer program. Ms. Capizzano replied that the Soccer field is not impacted in any way. Mr. Roth stated that the Recreation Dept. holds tee ball in the area adjacent to the pathway easement. If that is where the playground is going to be, then the children might not have an area to play tee ball. 5 - 001840 March 26, 1991 Ms. Capizzano replied that the playground would in fact be in that area and stated that they have tried to remain as sensitive as possible to the needs of the children and the needs of recreation. Ms. Capizzano added that she met with Thomas Hroncich, Superintendent of Recreation & Parks, and Michael Borrelli, Chairman of the Recreation Commission. Mr. Hroncich suggested they contact the woman who built one of the Playgrounds in Rye Brook She was interviewed as part of the possible landscape architects. Mayor Cresenzi stated that one of the reasons that tee ball was not an issue is that from a cooperation and fiscal standpoint, the school district and the Village cooperate tremendously in the use of fields, and tee ball can be accommodated somewhere on the Ridge Street site if it is coordinated properly. This is a facility, and the hick is replacing y, community project w p g an old fac Y J P drainage on this site will not be any worse than what it is and probably P 1 will be helped because there will be additional piping added. A manhole and a catch basin will also be added, which will help track the water. The only difference is that there is i a n draisystem underneath to direct it into a pipe instead of y just allowing it to run over the site. Mr. Roth questioned what homes the playground would back on Sleepy Hollow Road. Mr. Walker explained that the playground is 85 by 114 feet and would impactact only two homes. Helen May of 28 Country Ridge Circle mentioned that she is a member of the steering committee and her child played both tee ball and soccer last year and the playground will not interfere with these two activities. Tee ball only meets once or twice a week. Stacy Weissman of 12 Sleepy Hollow Road stated that she owns a home that will abut the playground and is very concerned about the property value of her home. She questioned if there were any estimates on what it would cost to correct the problems occurring on the existing playground so as to keep the playground where it is. Ms. Capizzano replied that the existing playground is a safety issue because of it's closeness to the highway. Ms. Weissman stated that the Nursery School is on the highway and is fenced in which seems to work fine. Ms. Capizzano explained that the steering committee has gone over this and has tried to remain sensitive to all of the homeowners in the area. The present playground is fenced in and has a very hard grassy surface when it is dry and a very muddy surface when it is wet. The teachers have complained that children cannot use that playground because of drainage. The property has a huge slope to it whereas the property for the new playground has a gentle slope. - 6 - 00184-1. � March 26, 1991 Ms. Weissman asked if any research has been done in the past to correct the problem at the existing playground. Connie Weston of the steering committee replied that several years ago the problem was addressed to see if we could correct the present playground. This would cost $150,000 to $200,000 of taxpayer's money to correct this particular problem. The new playground would not cost the taxpayers anything. The money has been donated by residents of the community and to build this playground it will cost close to $50,000. Linda Klein of 60 Sleepy Hollow Road inquired when the neighbors were contacted about this playground, because she was never informed of the playground until just recently when she received the certified letter. Her backyard is very close to the site. She inquired what type of considerations are being made for the people living around the site. Mr. Heller suggested that perhaps a screening project can be put in to screen these residents from the playground. It seems to be a very good growing area and perhaps trees could be planted. Karen Netter of 160 Country Ridge Drive, who is also a member of the Steering Committee, stated when people purchase property next to a school yard, they should expect children to be playing on that school yard. Mr. Roth stated that he was in agreement with Mrs. Netter's statement but in a community of this size, where the residents know each other it probably would have been more appropriate to have approached these residents and informed them of what was to be done and offered to work together to make the project work for everyone. Karen Netter added that this project will not be a horrendous eyesore, it is a wooden structure designed to blend in with the environment. Mr. Tarshis stated that for $50,000 extra they could rebuild the old playground and that would be fixing what is already there. Joan Feinstein of 6 Robbins Roost, a member of the Steering Committee, stated that on behalf of the Steering Committee they are concerned and have spent many hours discussing the location. The decision was made because of safety issues. Also this will leave us a spot to put in a new parking lot in the future to remedy the parking problem. Ms. Weissman questioned what concerns were there for the people who reside next to the current playground who will in the future have a parking lot in their backyard. - 7 - ®®1.842 March 26, 1991 With regard to the proposed playground, Mr. Walker stated that if it were to be moved away from the fence, two trees, each about 10 feet from the playground would have to be removed. Also right near where the tree line is there is a 3 or 4 foot increase or slope up to the upper level playground which would mean a considerable increase in cost. Myron Pollock stated that planting is something that will beautify the area and this may benefit the people who live around the playground site. Trustee Smith asked Joan Beinart, who lives next to the existing playground, if the playground was ever a nuisance to her. Mrs. Beinart replied that many years ago there were a great many more children who played there on Saturday and Sunday and that added that the proposed playground was a bit of a nuisance. She a P P P Yg is a fantastic playground. While in Andover, she saw a similar playground, where the surrounding neighborhood was filled with cars and attracted many more people. Pam Kaplow stated that a playground at Ridge Street School is desperately needed being that the current playground has been horrendous for the last seven years. This area has a very serious water problem which should be a relatively costly project. Mrs. Kaplow stated that fifty thousand did not seem like much money when three years ago they had it priced at one hundred and fifty thousand. She then questioned who would be taking care of the drainage problem. Ms. Capizzano stated that this was going to be a community built playground, much of the labor was going to be donated by the community members. I Mr. Walker stated that the drainage will be taken care of by a professional contractor. There is already an extensive drainage system under the site and keeping in mind that we are only talking about the water within the playground area, it is relatively inexpensive to put underneath the site a collection pipe, six inches of gravel, the filler fabric and then the mulch on top. Once the water is in the pipe, we have fifteen feet to go to get rid of it. Mr. Roth questioned if the steering committee ever thought of discussing the playground with the immediate neighbors. Helen May, of the steering committee stated that a meeting was held last April where they discussed the site, the first thing they did when they realized that they had to move the existing playground was look at every available piece of land. The area chosen was the only available piece of land. Linda Klein stated that the only person who she had contact with was Joan Feinstein. The rest of the steering committee had never contacted her. 8 - 007 843 March 26, 1991 Stacy Weissman stated that she was never contacted about last April's meeting and her understanding was that only people with school age children were contacted. Ms. Weissman stressed that if this proposal is going to be adopted, please condition it with landscaping and address the parking problem. Her home is in front and in back of the proposed playground site. If there will be cars in front of her house, she would appreciate a No Parking or 15 Minute Parking sign to be installed upon the acceptance of this proposal. Mike Stolzar stated that the important thing that everyone must be aware of is that every contingency cannot be foreseen. All of the governing bodies will have to be sensitive to the fact that three months from now, for example, we may discover that cars are parking on basketball courts, and/or other problems that cannot be foreseen. Trustee Filipowski stated that in reviewing the minutes of the Planning Board meeting it appears that these plans were approved by the State Board of Education. Are they stamped in some way by the Board. Ms. Capizzano replied that she has a stamped building permit in her office. Trustee Filipowski questioned whether or not the Board has approved residents putting up this facility. Who will certify that this is a safe facility? Ms. Capizzano replied that they have gone through the whole insurance process with their agent to protect everyone involved. The Engineer will certify it and send it to the State Education Department certifying that it is indeed a safe structure and that it was built according to all specifications. Mr. Walker-explained that the various contractors working on the site will each give a six month warranty for satisfactory construction. The Drainage system will be built and improved by a contractor. Two community members have volunteered to do the site work. They are professional contractors. Mr. Walker added that Mr. Martin, the designer of the project, will be supervising and managing the construction. He will certify that the playground has been built to his specifications, and Mr. Walker himself will also certify to the State that the playground was built in accordance with the plans and the specifications. They are both liable forever. Pam Kaplow questioned the Playground having an impact on the tee ball program and if the Recreation Department was consulted. Recreation Commissioner Mike Borrelli stated that it has not been discussed with the Recreation Commission, however, the playground causes no inconvenience for the Recreation Department. There is not a problem in relocating tee ball. - 9 - 00.1844 March 26, 1991 Mrs. Kaplow stated that before this proposal is adopted the following should be taken into consideration: The weekend and holiday hours, the landscaping on all four sides and the parking on the basketball court. On Rockinghorse Trail there are signs posted saying "no parking between signs". Perhaps there should be something similar on Sleepy Hollow Road. Mayor Cresenzi stated that it is difficult to foresee all of the problems. What should be addressed, if the need arises, is to ban parking on Sleepy Hollow Road. The hours of operation would be directed by the School Board. As far as the screening, it was a recommendation from our Planning Consultant to put some screening in. To screen all four sides would be too much. Perhaps along the fence some type of shrubbery should be planted. Myron Pollock mentioned that screening is beneficial in certain areas but he is a little concerned about screening a second side. We need to see from different angles what is going on for safety reasons. Mr. Roth stated that there are very few fields in Rye Brook, and that the steering committee should meet with the Recreation Commission and discuss tee ball and soccer. Mike Borrelli stated that he does not see a problem being that tee ball does not take up a lot of space and is a small program. Mayor Cresenzi recommended that they close the Public Hearing, approve the project, pending a resolution to be passed at the next meeting, which is a site plan resolution, where we can detail out the screening. Trustee Filipowski stated that the proximity of the playground needed to be looked at because the Blind Brook High School Girls Soccer team will be practicing at Ridge Street and they can kick the ball pretty far. Ms. Capizzano stated that next year that won't even occur because the high school field will be ready so in the mean time they will be very careful. Mayor Cresenzi stated that in realty, they are moving a playground from one spot to another. Myron Pollock stated that as a matter of principle, if you are going to impose screening standards on the applicant before the facility can be used, these standards must be adopted and agreed to by the applicant in order to protect all parties including the Steering Committee, the School Board and the Village Board. He suggested that everything should be agreed to before the construction begins. Mayor Cresenzi informed everyone that the approval resolution will be ready on April 9, 1991 so that they can return and hear the resolution be read and give any input. - 10 - 00184; March 26, 1991 li On Motion made by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board the Site Plan was approved pending a Site Plan Resolution to be prepared for the Meeting of April 9, 1991 There being no further discussion the Mayor adjourned the Public i Hearing at 9:50 p.m. The Board of Assessment Review reconvened at 10:05 P.M. to approve the Grievance Settlements. 1. RECONVENE AS THE BOARD OF ASSESSMENT REVIEW APPROVING GRIEVANCE SETTLEMENTS RESOLUTION i GRIEVANCE DAY SETTLEMENTS On Motion made by Mr. Filipowski, seconded by Ms. Smith, the following Resolution was adopted with one abstention; Trustee Daly ABSTAINING Trustee Filipowski VOTING AYE Trustee Ravich VOTING AYE Trustee Smith VOTING AYE Mayor Cresenzi VOTING AYE WHEREAS, the Village Board of Assessment Review met to hear all persons wishing to be heard; and WHEREAS the Assessor has reviewed the complaints filed and has made recommendations regarding each of the filings; NOW, THEREFORE, BE IT RESOLVED, that the following list of recommendations be hereby approved; High Point Estates NO CHANGE Rye Town Hilton NO CHANGE 15 Longledge Drive NO CHANGE Royal Executive I, II, III NO CHANGE 1 Candy Lane NO CHANGE King Street Nursing Home NO CHANGE Sound Federal Savings NO CHANGE 4 Meadowlark Road NO CHANGE Atrium NO CHANGE 29 Hillandale Road NO CHANGE Con Edison NO CHANGE N.Y. Telephone NO CHANGE - 11 - 00 -1840 March 26, 1991 8 Lawridg e Drive $2,000 A.V. reduction 45 Rockinghorse Trail $3,000 A.V. reduction 13 Country Ridge Circle $ 600 A.V. reduction 55 Valley Terrace $2,500 A.V. reduction 22 Wyman Street $1,800 A.V. reduction 18 Hillandale Road $2,000 A.V. reduction j 9 Phyllis Place $1,000 A.V. reduction I BE IT FURTHER RESOLVED, that the following list of clerical/ mathematical errors be hereby corrected as follows: OWNER S B L RECOMMENDATION Lowentheil 1-12-1B.7 $1,700 A.V. reduction Gelardi 1-22-4B.5 $700 A.V. reduction There being no further discussion the Mayor adjourned the Public Hearing at 10:10 p.m. 3. ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD SITE PLAN MODIFICATION SECTION 1, BLOCK 5, LOTS 11-A-1 & 11-B Mr. Null explained that on August 14, 1990 the Village Board approved a 142 unit residential development. They want to reduce the density from 142 to 138 units. There were certain changes to the conference site. Currently there is a post and rail lock which connects to the parking lot off of the entrance way. They want to eliminate the driveway, post, and rail and landscape the area. The townhouse units remain essentially the same and the six unit villas, which were three flats over three flats, have been modified so we have a number of different items. This effects nine of the condominium buildings which were approved as six unit structures, explained Mr. Null. The other additions will only increase and shift the location of the homes and there are a total of 448 parking spaces provided. The data here has been extensively reviewed by Frederick P. Clark and also by the Planning Board, and recommendations have been made. Two other items came up in connection with this. One involves a desire to shift one of the subdivision lot lines on the site and also to a lot line that exists between the conference parcel and the golf course parcel. - 12 - 00.1 $41 March 26, 1991 An issue came up in connection with the financing of the project. The lot lines follow the golf course safety lines and the lot between the conference center and the golf course follow along. The clubhouse is on the golf course parcel. His clients are getting financing for the golf course from one lender and the lenders require that the mortgage encompass the parcel on which the clubhouse is going to be. Frederick P. Clark Associates suggested that they have the lot lines meet with the golf course safety lines. The real estate market is not the best, and has changed somewhat from when we initially submitted this project years ago. What they are looking to do in order to gain flexibility was to be able to have some flexibility in which units they build at which times so that they will not be building two spec units for each two units they sell. As a result, they will not increase the number of units or the bedroom count. We transplanted all the trees on the site that were required with the prior approval. Additional landscaping is required according to the prior approval and it has been modified by some plans that have been submitted to the Board. In the event that field locations require the shifting of certain plants, we have requested that the Director of Public Works be authorized to approve minimal shifts and locations. They would ratify the transplants that they have done by the new landscape plans and also through this method, gain some flexibility with regard to the new planting. Trustee Ravich questioned if they were looking to reduce the overall number in any way than what is being approved. Mr. Mull explained that they may just need to shift the locations, but they are not reducing anything. Gene Strum, Chairman of the Planning Board stated that they had four restrictions which were the number of units, bedrooms, total floor area and total ground coverage. In addition the change to the subdivision line between the golf course has not been reviewed at a Planning Board meeting. Mr. Null stated that in regard to the square footage issue they are not looking to expand the interior volume of the building at all. There is one group of units that have an optional room to be finished and is shown on the plans as a typical room. It is 102A and 102B. Mr. Strum stated that the lot line does not address the issue of ground coverage of buildings itself and the Planning Board was quite adamant that they did not feel it appropriate for the Village to give away it's right for site plan approval of changes that were not going to adhere to the standards, at least without making a case to the Planning Board as to why the standards are inappropriate and unreasonable. - 13 - 001848 March 26, 1991 What has been given away is an increase of 5, 10 or 15 percent of the total ground area where the whole square footage is, and they are choosing to put the larger unit in every unit that is there. The Village should have some oversight on this process. Mr. Null stated that the six unit buildings are not going to be effected. Mr. Strum stated that they had no problem with the changes that i were proposed. Mr. Null explained that is what the 102A unit is in. The other problem is putting the townhouses in sequence. There are two things to keep in mind. One, a C Unit is the largest unit and no more C Units will fit on the site. They are looking to be able to have flexibility in putting these units in. Trees will not be impacted. The actual coverage of the units has never been calculated. They have A, B, and C units with A being the smallest and C as the largest. Trustee Smith stated that if he sold more A units there will be less C units but you cannot build more C units than are already approved. If he builds more smaller units, there will be less larger units. Mr. Null replied that he has already been told that by the architect so they put in as many C units as they could possibly put in. They will have less square footage. The difference of the units is about 3 or 4 feet on a width or a distance basis. The problem is, because we are not dealing with significant distances it will be all the more difficult to get modification approvals. Mr. Strum stated that what Mr. Null was asking for is an approval that allows you to amend the site plan at his own will. It is reasonable to put some restraints on this as far as making the project bigger than it is. Mr. Strum added that Mr. Null always has the right to appear before the Village Board with minor adjustments. The developer should have to come before the Board for Approval of any changes because in a case such as Arrowwood, we are dealing with 138 units and things can really get out of hand. Mr. Null added that they are only dealing with 46 units and 23 buildings, because they are two unit buildings. He stated that he has 18 C units and the difference between the units are not much with the A unit being 2,415 square feet and the C unit being 2,823 square feet. - 14 - 00184: March 26, 1991 Mayor Cresenzi stated that the ground coverage has never been calculated. There is no problem with having field measurements or field leeway for shifting plantings or buildings, but we want some control on the overall footage that is built, being that we may grant you approval to modify the site plan without coming back before this Board. He added that what he and the Board feel is appropriate is to give him flexibility in the mixture of A and B but limiting the number of the larger units to be no more than 18. Trustee Smith stated that he must come up with a total square the footage of the footprints of approved units and then can divy that square footage any way he chooses. Mr. Null explained that although the perimeters that were discussed before the Planning Board may seem reasonable now, later on may provide no flexibility at all. j Mr. Strum stated that this idea came up at the Planning Board meeting and Frederick P. Clark had not seen it previous to the meeting. Anything that increases the density on a site will not work. Mr. Null stated that he was here for a deminimous modification to the buildings. Mr. Solomon stated that he attended the Planning Board meeting and understood that they were looking for flexibility in changing C's into B's or A's but if everyone else wants a B, you will be increasing the size of your development. Y capped so that the the flexibility is ca Mr. Null explained that if coverage remains identical and the unit remains identical then there will be no flexibility. Mayor Cresenzi stated that the footprint must remain the same. Trustee Filipowski stated that theoretically enough of the larger units could mean that he is cutting down on the total number of units he can put in. Mr. Circosta stated that as to the enforcement issue, the easiest way for his department to do this would be on a footprint coverage. You can play with square footage in a house and you can create areas that are uninhabitable, but you still have the mass. The footprint is the only way to monitor the project. Trustee Filipowski stated that the Board feels Mr. Null would prefer to use total footprint which might make the division different. - 15 - 001850 March 26, 1991 Mr. Null stated that if they use the total footprint of all the buildings, he could provide that number to the Board and incorporate it into a resolution. I Mr. Circosta added that the building department would be keeping a running total of all the permits that are issued and the square footages. I Mr. Null stated that as part of the building permit application they could be required to state the amount of the coverage. This will help the Board make certain that they are following li their site plan. Mayor Cresenzi stated that he would like a guarantee from Mr. Null that they will not try to challenge the Recreation Fee if in fact there is a reduced number in units. Mr. Null stated that they will in fact have 138 units. He referred to the amended resolution which specifies clearly that in accepting the conditions of the resolution they are waving any rights. Ed Beane gave a brief overview of the Arrowwood Resolution explaining that the items that Mr. Null discussed concerning the relocation of the property line, and flexibility with respect to unit location were all comprised into seven pages. The only change in this Resolution will be fixing the total coverage of the complex to be a number not to be exceeded without first coming back to the Board for further site plan approval. In addition, there is a clause that in essence codifies the fact that the Village Board has abandoned the North/South road with respect to this project and that is necessary because a number of the buildings would be in the road bed of this theoretical North/South road and the other provision is that paragraph 15 and 16 make it clear that all of the specific paragraphs and prior resolutions, including the Recreation contribution paragraph, continue in full force and effect. Ed Beane stated that it can be done subject to the amendment that there will be a restriction of maximum coverage based on a number that will be supplied by the Developer and verified and approved by the building inspector. Trustee Filipowski stated that he could not vote on a resolution such as this and leave it continued for someone else next week, it should all be completed now. Mr. Null stated that he will have his architect certify the square foot coverage of all the buildings on a residential parcel and deliver that to the Board. Mr. Null added that he needs this approval tonight. He stated that he needs to go to the County with all the correct documentation as he is working with mortgage lenders. - 16 - 001851. March 26, 1991 Ed Beane stated that they could work it out this evening by amending the resolution to provide that you cannot exceed the maximum building coverage without going back to the Planning Board, and the said number to be fixed by the Director of Public Works. Mr. Null stated that the language that they have been discussing is that the coverage of the residential units could be modified provided that the total coverage does not exceed the square foot coverage of all buildings in a residential area. •. Mr. Null explained that they have all the data here. He I questioned whether or not he may hand in a signed and sealed statement from the architect. Mr. Circosta explained that all the architect needs to do is get the square building footage coverage of an A, B, and C unit and then multiply it by the numbers that are on the plans. Mr. Null stated that the resolution should read that the size of the residential units can be modified provided that the coverage of the residential units do not exceed the square foot coverage of all buildings on a residential development, and that the coverage be certified to the Director of Public Works by his architect and confirmed by the Director of Public Works. Mayor Cresenzi recommended approval of this site plan modification with the amendments made during the meeting. On Motion made by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following Resolution was adopted: RESOLUTION I SECOND AMENDED SITE PLAN ARROWWOOD OF WESTCHESTER CAROL MANAGEMENT CORPORATION ANDERSON HILL ROAD WHEREAS, Carol Management Corporation has submitted an application to the Rye Brook Board of Trustees (the "Village Board") to amend the August 14, 1990 Resolution adopted by this Board granting "Final Site Plan, Subdivision and Zoning Approval" (the "Site Plan Approval") for development of this approximately 114 acre site at the Arrowwood Conference Center, identified on the Official Tax Map of the Village of Rye Brook as Section 1, Block 3, Lots 5A, 5B, SC and 6 (the "Premises"); and WHEREAS, the Site Plan Approval for these Premises was previously amended on November 27, 1990 by Resolution adopted by this Village Board; and - 17 - 00185-2 March 26, 1991 WHEREAS, on January 22, 1991, the Village Board granted an extension of the Site Plan Approval, as amended, until August 14, 1991; and WHEREAS, the Village Board has referred this application to the Planning Board of the Village of Rye Brook (the "Planning Board") , pursuant to the Zoning Law, and the Village Board and Planning Board have reviewed the written application, maps, supplemental data and extensive documentation in connection with the development of these Premises; and WHEREAS, the Planning Board reviewed and considered this application and by Resolution adopted on February 14, 1991 reported its recommendations to this Village Board; and WHEREAS, on March 13, 1991, the Village Board scheduled a public hearing to be held on March 26, 1991 for it to consider this application to further amend the Site Plan Approval; and WHEREAS, the plans submitted in connection with this application include those prepared by Berkus Group Architects, The Hillier Group, architects, and Paulus, Sokolowski & Sarter, Inc. , consulting engineers (unless otherwise noted) , entitled "Arrowwood", dated May 31, 1990, last revised December 21, 1990 (unless otherwise noted) , and are more particularly identified as follows: I 1. Cover Sheet (not revised), 2. C1 Key Plan (revised, but no revision date) 3. C3 Development Tabulation Plan, 4. C4 Development Plan, 5. C5 Development Plan, 6. C6 Development Plan, 7. C7 Development Plan, 8. C8 Grading and Drainage Plan, 9. C9 Grading and Drainage Plan, 10. C10 Grading and Drainage Plan, 11. C11 Grading and Drainage Plan, 12. C12 Sanitary Sewer Profiles, 13. C13 Sanitary Sewer Profiles, 14, C14 Sanitary Sewer Profiles, 15. CIS Site Construction Details, 16. C16 Site Construction Details, 17. C17 Site Construction Details, dated August 7, 1990, last revised December 21, 1990 18. C18 Soil Erosion & Sediment Control Plan, dated August 7, 1990, last revised December 21, 1990 19. C19 Soil Erosion & Sediment Control Plan, dated August 7, 1990, last revised December 21, 1990 20. C20 Soil Erosion & Sediment Control Plan, dated August 7, 1990, last revised December 21, 1990 21. C21 Soil Erosion & Sediment Control Plan, dated August 10, 1990, last revised December 21, 1990 22. C22 Golf Cart Bridge Details, dated August 20, 1990, last revised December 21, 1990 23. C23 Circulation & Aeration Pump Details, dated September 18, 1930 (sic), last revised December 21, 1990 - 18 - 0018513 513 March 26, 1991 24. C24 Demolition Plan, dated September 18, 1930 {sic), last revised December 21 1990 25. C25 Demolition Plan, dated October 15, 1990, last revised December 21, 1990 26. C26 Residential Road Profile, dated October 17, 1990 27. C27 Residential Grading & Drainage Plan, dated August 10, 1990, last revised December 19, 1990 28. C28 Tree Location & Demolition Plan, dated August 10, 1990, last revised December 21, 1990 29. C29 Tree Location & Demolition Plan, dated August 10, 1990, last revised December 21, 1990 30. (Al) Condominium Sixplex Elevation, dated December 19, 1990 31. (A2) Condominium/Townhouse Sixplex Elevation, dated December 19, 1990 32. (A4) Duplex Elevation, dated December 19, 1990, and 33. (AS) Duplex Elevation, dated December 19, 1990, and 34. The following plans prepared by Deborah Nevins Associates: a. (L-1) Planting Plan, Section One, b. (L-2) Planting Plan, Section Two, C. (L-3) Residential Grading & Drainage Plan, and d. (L-4) Planting Plan; and WHEREAS, a public hearing was duly noticed and conducted before the Village Board on March 26, 1991; and WHEREAS, the Village Board has considered this application in accordance with Article 8 of the Environmental Conservation Law of the State of New York and the rules and regulations promulgated thereunder at 6 N.Y.C.R.R. , Part 617 (collectively "SEQRA") ; and WHEREAS, in the opinion of the Village Board, the application complies with the Village of Rye Brook development regulations for site plan and subdivision approval, the zoning regulations and PUD designation, except as may be noted below. NOW, THEREFORE BE IT RESOLVED, that pursuant to SEQRA, the Village Board hereby reaffirms its Lead Agency status and, upon review of the material upon which its September 19, 1989 Environmental Findings were adopted and given the de Minimus changes involved in this application, the Board hereby determines that the implementation of the modifications to the development approved on August 14, 1990 and amended on November 27, 1990, as further modified by this application, will have no significant environmental impact, the Village Board therefore reaffirms and ratifies its Environmental Findings herein; and - 19 - 001854 March 26, 1991 I BE IT FURTHER RESOLVED, that the said application for further amendment to the Site Plan Approval, including issues related to the site plan, subdivision and PUD development be and hereby is approved and the Mayor of the Village of Rye Brook is hereby authorized to endorse said approval upon copies of all documents, including t limited to a conforming subdivision plat designed in but no 9 accordance with the above-mentioned plans and substantially configured to locate the residential buildings on the Residential Parcel (divided into smaller residential lots as may be needed for the individual units and any recreation facilities) , the Conference Center buildings on a Conference Center Parcel, and the Golf Course j related buildings on one of the Golf Course Parcels) ; and BE IT FURTHER RESOLVED, that the approval of said application for amendment to the Site Plan Approval shall authorize the issuance of Building Permits in accordance with this Resolution and all applicable laws, subject to satisfying the following modifications and conditions, and also, subject to compliance with the Village's Zoning Law, its Subdivision Regulations and Building Code, as same are made applicable to this development by this Resolution, and that the applicant be so notified, provided however that this approval shall expire five years from the date of this Resolution, if the modifications and conditions set forth below have not been completed, unless an extension of this approval has been requested in writing from the Village Board; and BE IT FURTHER RESOLVED, that the Village Board adopts the following findings: a. the Premises constitutes approximately 114 acres, which is substantially in excess of the minimum requirements set forth in Section 66-7.E. of the Zoning Law b. the amended site development plan, even though reduced from 142 to 138 residential units, will provide for an increase in-the amount and variety of housing in the Village in a time of increasing urbanization, development costs and awareness of the importance of natural resource preservation; c. the architectural design of the amended development will provide the Village with a greater variety, type, design and layout of buildings and will conserve open space, particularly given the reservation of 20 contiguous acres of open space by deed restriction; d. the implementation of the amended development plan will result in the natural resources, topography and geology at the Premises being protected, conserved and enhanced such as trees (many of which have already been transplanted in accordance with the initial Site Plan Approval herein) , soil stability, man-made landscaping and other features; - 20 - 001856 March 26, 1991 e. the amended development will encourage the efficient use of land in relation to public and private facilities and utilities; f. the amended development will conserve the economic value of land and strengthen and sustain its taxable potential by providing a stable residential base; and BE IT FURTHER RESOLVED, that following construction and the issuance of a Certificate of Occupancy for all individual units in a residential building, the exteriors of each individual residential units shall not be expanded by the addition of decks, or any other structures of any kind, or in any other manner; and BE IT FURTHER RESOLVED, that the applicant shall construct the improvements substantially as set forth on the above-mentioned plans, provided however that in order to facilitate the construction of the residential units the applicant, upon licant application to the Director of PP Public Works to obtain Building Permits to construct such improvements, may: a. alter the interior configuration of any dwelling units, provided that the total number of bedrooms does not exceed the 362 contemplated by the Environmental Findings; b. revise the mix of types of specified dwelling units provided that no more than 138 dwelling units are constructed, consisting of no more than 46 townhouses in two-unit buildings and no more than 92 dwelling units distributed in 16 multi-unit buildings; and c. relocate any residential building by shifting its location up to five (5) feet in any direction so long as such building does not then extend beyond the Golf Course Safety Lines; and d. modify dwelling unit types, provided that the square foot coverage of the footprints of dwelling units shall not exceed the square foot coverage of all buildings on the Residential Parcel. which coverage shall be certified to the Village by the applicant's architect and verified by the Director of Public Works; and BE IT FURTHER RESOLVED, that to effectuate the provisions of Paragraph 6.d hereof, the square foot coverage of the footprint of each building on the Residential Parcel shall be certified to the Director of Public Works in connection with each such application for a Building Permit. - 21 -