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HomeMy WebLinkAbout1990-03-27 - Board of Trustees Meeting Minutes 00258 ' MINUTES OF A REGULAR MEETING THE BOARD OF TRUSTEES VILLAGE OF RYE BROOK VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 27, 1990 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8 : 05 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. Mendicino 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 Barbara Chase - Assessor for the Town of Rye Louise T. Massie, Secretary to the Administrator I I I il I i rlaich 27 , 1990 0 15 ASSESSMENT BOARD OF REVIEW 1. APPROVING GRIEVANCE SETTLEMENT Barbara Chase presented eight ( 8) grievances filed against the village on the 1990 Assessment Roll. She said she submitted in her memo dated March 21 , 1990, a list of recommendations for reductions for the Board to review. One reduction was for residential property at 10 Phyllis Place, on page two of the recommendations . After reviewing building plans she felt they were entitled to a reduction of $2,000 . The other recommendation was for Royal Executive Park. Ms . Chase stated that it is up to the Board to make a decision on the reduction of $131, 800 in assessment. Also attached to the recommendations were a list of four clerical errors made subsequent to the filing of the Tentative Assessment Roll to be corrected. As a courtesy notices were sent out. Ms. Chase increased the land assessment on the four ( 4) lots owned by Johanshan, located on Hillandale and King Street, but gave a 75% reduction on an assessment of the house because of fire damage. Letters were submitted from the Assessor' s Office to be signed by the Mayor and mailed out to people who had submitted grievances. Mr . Russo read the Resolution. Thereafter, on motion by Trustee Ravish, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLUTION GRIEVANCE DAY SETTLEMENTS 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; 2 March 27 , 1990' III i High Point Estate - No Change Rye Town Hilton - No Change Con Edison - No Change Ridge Bowman Assoc. - No Change New York 'Telephone - No Change 10 Phyllis Place - $ 2,000 A.V. reduction Royal Executive Park - $131,800 A.V. reduction and BE IT FURTHER RESOLVED, that the following list of clerical or mathematical errors be hereby corrected as follows : 51 Rockridge Drive - 1,700 A.V. reduction 5 Castle View Court - 1,200 A.V. reduction 11 Wyman Street - 800 A.V. reduction Hillandale & King St. - 17_,100 A.V. reduction Mayor Cresenzi closed the Meeting of the Board of Assessment Review. Mayor Cresenzi declared the Pilblic Hearing Section of the meeting open. PUBLIC HEARING 2 . Local Law 41 of 1990 regarding Penalties for Violating the Terms and Conditions of Site Plan and subdivision Approvals. Mayor Cresenzi requested that Mr . Beane expound upon Local Law. Mr . Beane said the reason for this law is that the current subdivision regulations and zoning regulations, but particularly subdivision regulations do not include any specific provisions calling for the enforcement for non-- compliance with conditions of either site plan or subdivision approval. As a result when situations occurred involving non-compliance the Village was faced with the prospect of seeking redress in New York State Supreme Court, rather than being able to go right into the local Court to seek direct remedies for such violation, including penalties as well. as remedial action. This law is found in a number of jurisdictions. 3 - i March 27 , 1990 00159,. Mr. Beane continued to state that if an owner, leasee, tenant, or occupant violates a provision of a subdivision or site plan that individual is subject to certain penalties of fines of $250 to $1,000 per violation. The law also provides for certain Village Officials such as the Administrator , Engineer, Code Enforcement Officer, or Village Board to enforce the provisions of these regulations. The law also provides for civil penalties including if necessary the seeking of injunctive relief or permanent relief to cure the conditions that constitute the violation of either the site plan or subdivision approval. In essence, this law gives the Village maximum authority to go into either a local court for monetary damages or penalties , or to go into the Supreme Court for equitable relief. . Mayor Cresenzi asked, " . . . .in Section 2 paragraph B, dealing with the Village Board or Planning Board being able to institute an action or proceeding to enforce the provisions of this local law. " The Village Engineer or Code Enforcement Officer will be the people directly involved with this , why is the Planning Board or Village Board mentioned in here, is there any reason?" Ed Beane said the Planning Board is an advisory board and the Village Board is the final determining board concerning the granting of site plan or subdivision approval. Thereafter , on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLUTION LOCAL LAW yl OF 1990 RESOLVED, that the Village Board of Trustees hereby adopts Local Law 01 of 1990 entitled: Violations and Penalties For Non-Compliance With Conditions of Site Plan and Subdivision Approval, and be it FURTHER RESOLVED, that this Local Law shall be effective upon filing with the Secretary of State, and be it FURTHER RESOLVED, that a copy of this law be sent to the developers of all subdivisions and site plan proposals in progress within the Village of Rye Brook. 4 - i 00159W March 27 , 1990 LOCAL LAW I OF THE YEAR 1990 A LOCAL LAW ENTITLED VIOLATIONS AND PENALTIES FOR NON-COMPLIANCE WITH CONDITIONS OF SITE PLAN AND SUBDIVISION APPROVAL BE IT ENACTED, by the Board of Trustees of. the Village of Rye Brook, as follows: Section 1: PURPOSE The purpose of this local law is to promote and protect the health, safety, comfort and general welfare of the community by compelling compliance by owners, tenants, occupants, builders, developers and others with the terms and conditions of site plan and subdivision approvals, and to provide an enforcement and procedure for such compliance . Section 2: VIOLATIONS AND _PENALTIES I A. Any owner, leasee, tenant, occupant, architect or builder, or an agent of any of them, who violates or who is an accessory to the violation of any of the provisions or conditions of a site plan or subdivision approval duly granted pursuant to Village Law, shall be guilty of a misdemeanor under the Penal Law and, upon conviction thereof , shall be punishable for each offense by a minimum fine of Two Hundred Fifty ( $250 . 00) Dollars, such fine shall not exceed One Thousand ($1, 000 . 00) Dollars; or by imprisonment not exceeding six ( 6) months, or by both such fine and imprisonment. Each week of such violation shall constitute a separate offense. Each provision or condition violated shall constitute a separate offense. Violations shall be prosecuted and penalties collected in the manner prescribed by law or ordinance effective in the Village of Rye Brook. B. The Village Engineer shall enforce the provisions of the subdivision regulations . The Village Engineer may cause any place, premises or work to be inspected or examined, order the cessation of any work when any condition is found to violate this chapter and order the remedy of any such condition. The Village Administrator, Village Engineer , Code Enforcement Officer( s) , or Village Board may institute an action or proceeding to enforce the provisions of this local. law. In addition to any civil or criminal penalties or other remedies as may be provided by law, a violation of this chapter may be enforced by mandatory or other injunctive relief in Village Court or any other Court of competent jurisdiction. The Village Board, Village Administrator, Village Engineer, and Code Enforcement Officer( s) shall be empowered to maintain action in the name of the Village for such purpose. - 5 - _ 00155'1 March 27 . 1990 This local law shall become effective immediately upon filing with the Secretary of State. 3 . Bond Reduction requested by Frank Mercedes, Jr. Construction Group Incorporated .regarding the Brookridge Project. Bruno G.i.offre referred to the letter of recommendation sent to the Board from Mr . Circosta who recommended approval for bond reduction at his calculation of the method of reduction. Mr. Gioffre respectfully requested that the recommendation be implemented. Mr. Circosta stated that as part of the subdivision regulations the contractor has to provide him with a list of percentage of items completed. Mr . Circosta reviewed the list and is in accord with it. The contractor has asked for a reduction of $509, 020 . Mr. Circosta said that the Village maintains 25% of that because of the increased cost on some of the items which occurred over the last two years . The policy of the Department is not to reduce it to the full amount until the total project is completed. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLUTION Brookridge Bond Reduction WHEREAS, the Frank Mercedes, Jr. Construction Group , Inc . of Stamford, Connecticut, the developer of the Brookridge Development located on Wyman Street and South Ridge Street in the Village of. Rye Brook and Block 22 Lots 4AD23 have applied known as Section 1, , PP for a reduction in their Performance Bond of $600, 000 as per Sect. 4 .1. 2 . (b) of the Local Law 3-85 entitled "Land Subdivision Regulations ." and WHEREAS, the developer has provided the Director of Public Works with an itemized list of the required improvements and the percentages of completion of such items; and WHEREAS, the Director of Public Works has reviewed such applications and concurs with the completion amounts : - 6 - 0015v� March 27 , 1990 NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook as per Sect. 4 .1 . 2 (b) of Local Law 3-85 and in accordance with the recommendation of the Director of Public Works hereby reduces the Performance Bond of the Frank Mercedes, Jr. Construction Group, Inc. of Stamford, Connecticut from the original amount of $600,000 to an amount of $218, 235 . Mayor Cresenzi declared the Public Hearing section of the meeting closed. RESOLUTIONS 4. ADOPTION OF SEQR FINDINGS REGARDING ROYAL EXECUTIVE PARD. PHASE III PROPOSAL. Joel Sachs, representing Royal Executive Park, said the SEQR and the Final Environmental Impact Statement has been completed and the Board has accepted it. Mr. Sachs said that they are here tonight to request that the Board issue, as is required by State law, the Environmental Findings and in addition to that make a determination on the site plan. Mr . Beane said a Resolution was drafted initially by the Village Planner based on the review of the final SEQR findings . The Resolution has been reviewed and is ready for adoption by the Board. On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESO'LIPCION ROYAL EXECUTIVE PARK Acceptance of SEQR Findings WHEREAS, the Village of Rye Brook has received an application from London and Leeds, Inc. to develop Phase III of Royal Executive Park, and WHEREAS, the development consists of constructing 345 , 000 square feet of office space divided between three buildings, March 27 , 1990 7 - 00150a March 27, 1990 i and WHEREAS thero osed action is the continuation of theRoyal al P P Y Executive Park development in accordance with the concept plan previously outlined and examined in a Draft Environmental Impact Statement (DEIS) and a Final Environmental Impact Statement (FEIS) , and WHEREAS, the Village Board of the Village of Rye Brook, has declared itself lead agency for this application, and. WHEREAS, the Village Board has requested a supplement to the FEIS, and WHEREAS, the Village Board has requested a supplement to the FEIS, and WHEREAS, the Applicant has prepared a Supplement FEIS and a second supplement (SEIS) and it was accepted, circulated and discussed at public hearings . NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Rye Brook acting as Lead Agency pursuant to the New York State Environmental Quality Review Act ( SEQRA) hereby accepts such SEQR findings as complete and finds that the requirements of SEQR and 6 NYCRR Part 617 and the laws of the Village of Rye Brook have been met. 5. Site Plan Approval of Royal Executive Park Phase III Development. Mr. Sachs requested that the Board take final action on the Site Plan approval of Royal Executive Park Phase `CII tonight. Mr . Beane responded that he had gone through the Resolution and that it reflects the Village Board' s understanding of every point in the Site Plan approval. The Resolution recites in verbal form what has been approved on the plans and certain other collateral matters like bonds , traffic, and the fact that the new Tree Preservation :Law applies to this particular subdivision. Mr. Beane said that it is the most. complete Resolution in the Village of Rye Brook that he has ever seen. Trustee Fi.lipowski asked, " . .how would it come about that the Department of Transportation could require a different road 1990 improvement then we are asking for, and then how would this become coordinated either with our Engineer, or get an amendment to this site plan?" 8 - 0015;36 March 27 , 199Q Mr . Beane said, "The final determination as to what is built out on King Street is up to the Department of Transportation. If the Department of 'Transportation a) does nothing, which i.s conceivable or b) requires a plan that is substantially different than that which was submitted and approved by the Village then what will happen is that Royal Executive Park must come back to the Village and seek either to amend its plan or request a delay or a tolling of the running of the time under the site plan approval for the purpose of having D.O.T. do whatever it has to do, and whatever studies have to be done to resolve this difference. The Village Engineer would have to be involved immediately because in order for Royal Executive Park to get any relief they have to go back to the Village and the initial intake person would be the Village Engineer, and this would be relief from the D.O.T. saying they are not in a position to grant any approval or relief from the D.O.T. saying no, no we don' t like what the Village approves, we want something totally different. . . . " Trustee Filipowski asked, "Can the D.O.T. be given a time limit? Because a C.O. could be issued if they comply with what we are asking for here, but by the time that would come about, for those road improvements to be done could the Department of Transportation decide afterwards - what is the time limit that they can be given to try and help the developer, as well as us know what is the final decision going to be on the road?" Mr. Beane said nothing can be built until the D.O.T. makes its decision. Royal Executive Park cannot have financing, nor can it build anything until the road is approved. Mr. Sach said they will apply to D.O.T. for a highway work permit which would mean that Royal Executive Park is applying to do the work that is shown on the site plan, which hopefully the Board will approve this evening. Mr. Beane summarized the eighteen page Resolution by explaining that the Resolution .repeats a lot of the same provisions that went into the prior Resolution. Then it discusses all the issues with respect to one occupancy can occur, which is not until all of what we call the infrastructure having to do with all the buildings is completed including specifically the road, it has provisions in it concerning bonds, and inspection fees, and the application of the Tree Preservation ordinances and issues relating to things already discussed. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following Resolution was adopted: 9 - 00159 i March 27 , :1.990 RESOLUTION ROYAL EXECUTIVE PARK - PHASE 1C (PHASE 3) Site Plan Approval Section 1, Block 3 , Lots 2, 3 and 4 ,WHEREAS, the Board of Trustees of. the Village of Rye Brook, New York has reviewed an application submitted by Royal Executive Park, a New York partnership having its principal office and place of business at, 101 East 52nd Street, New York, N.Y. , hereinafter referred to as the Applicant, for Site Plan Approval to construct an additional portion of a campus-type corporate office park. consisting of 345,000 square feet of grass floor area in three buildings, on approximately 31 . 36 acres of a larger site, including related parking, landscaping, utilities, drainage facilities and other site improvements; and WHEREAS. said development proposal, currently known as the Royal Executive Park, Phase 1C (Phase 3 ) is located in the Village of Rye Brook on Upper King Street, tax designation Section 1, Block 3, Lots 2, 3 , and 4; and WHEREAS, said application consists of and is supplemented by the following: 1 . Said application for site plan approval for Phase 1C (Phase III) of the Royal Executive Park was submitted to the Village of Rye Brook in October 1983 by Joel Sachs, Esquire, agent for the applicant in this application; 2 . A Site Plan consisting of seven draw- ings, all entitled "Royal Executive Park, Village of Rye Brook, New York; Phase 1B11 , dated as noted below, pre- pared in the Offices of Conseco/DMJM, 1709 New York Avenue, N.W. , Washington, D.C. 20006, all drawn to a scale of ]." _ 100' ; 1 . Sheet 1/7 dated March 27, 1984 entitled "Existing Conditions . " 2 . Sheet 2/7 dated March 27, 1.984 and revised September 5, 1984 entitled "Site Grading and Design. " 3 . Sheet 3/7 dated March 27 , 1984 revised September 5, 1984 , - 10 - March 27, 1990 001598 entitled "Storm Drainage." 4 . Sheet 4/7 dated March 27, 1984, revised September 5 , 1984 en- titled "Erosion Control Plan." 5 . Sheet 5/7 dated March 27 , 1984, revised September 5 , 1984 entitled "Sanitary Sewers. " 6. Sheet 6/7 dated March 27, 1984, revised September 5, 1984 entitled "Water. System." 7 . Sheet 7/7 dated March 27, 1984, revised September 5, 1984 entitled "Preliminary Landscape Development. Concept, and 8 . DRAWING DESCRIPTION DATE i 1-10 General Site Development Plan 7/31/89 2-10 Site Cross Section 7/05/89 3-10 Conceptual Floor Plan Alt. 1 7/05/89 4-10 Conceptual Floor Plan Alt. 2 7/05/89 5-10 Landscape Plan 7/31/89 6-10 Site Survey 9/01/89 7-10 Site Grading/Parking 9/01/89 8-10 Site Utilities 9/01/89 9-10 Road Profiles 9/01/89 10-10 Site Details 9/01/89 WHEREAS, in the course of its review of said site plan application, the Board of Trustees has noted, caused or conducted the following activities: 1 . In 1979, the predecessor in interest to Royal Executive Park, namely, London & Leeds, pre- sented to the Town of. Rye, a conceptual Site Plan and a Draft Environmental Impact State- ment for a 900, 000 square foot corporate office park complex to be located off upper King Street in the Town of Rye; March 27 , 1.990 001501 2 . In 1980 the Town Board of the Town of Rye issued a Final Generic Environmental Impact Statement for Rye Town North, an area of the Village or Rye Brook within which the Royal Executive Park Office site located; 3 . In September 1980 the Rye Town Board issued a Final Environmental Impact Statement for the proposed Royal Executive Park office complex; 4 . On November 5, 1980 the Rye Town Board, by resolution hereinafter referred to as the Town Board resolution, and attached hereto as Exhibit A, granted conceptual Site Plan approval for the Royal Executive Park office complex containing a maximum of 900 , 000 square feet and further granted specific conditional Site Plan Approval for a maximum of 450 ,000 square feet of gross office space floor area constituting the first phase of the Royal Executive Park office complex; and i S . In January 1983 Royal Executive Park sub- stantially completed the first three buildings of the Royal Executive Park Office complex noted in paragraph 04 above, consisting of approximately 270, 000 square feet of office space, which buildings were subsequently leased to major corporate tenants . 6 . In September 1983, the Village Board of the Village of Rye Brook, hereinafter known. as the Village Board of Trustees, was designated as successor lead agency to the Town Board of the Town of Rye in regard to all further phases of the Royal Executive Park development; 7 . In October 1983 , the subject application for Site Plan Approval for Phase 1B of the Royal Executive Park was submitted to the Village Board of Trustees, requesting that the Village grant permission to Royal Executive Park to construct an additional 270,000 square feet of office space on the site, to be known as Phase 1B; 8 . In November 1983, a Draft Supplement to the Royal Executive Park Final Environment Impact Statement was submitted to the Village Board of Trustees, which Board, - 12 - March 27, 1990 001G�:'" acting as lead agency, issued a Notice of Completion and circulated the Draft Supplement to other governmental agencies, neighboring municipalities and made said Draft Supplement available to residents of the Village of Rye Brook and other interested persons and agencies; 9 . On March 27 , 1984, a public hearing was held on the Draft Supplement to the Final Environmental Impact Statement of Royal. Executive Park at which time the Village Board of Trustees, heard comments from the public, other involved governmental C agencies as well as other municipalities in regard to the Phase 1B of the Royal Executive Park development; I 10 . In May 1984 , the consultants for Royal Executive Park submitted written responses to the oral comments made at the March 27 , 1984 public hearing on the Draft Supplement as well as to the written comments received by the Village of Rye Brook in regard thereto; 11 . On July 10, 1984, the Village Board of Trustees accepted the Final Supplement to the Final Environmental Impact State- ment to Royal Executive Park; 12. In July of 1984 the Village Board of Trustees forwarded the subject Site Plan to the Village of Rye Brook Planning Board for review and recommendations; 13 . In the course of its review, the Village Planning Board held regularly scheduled meetings at which time it reviewed the subject site plan documents for Royal Executive Park; 14 . During the Planning Board review noted in paragraph 13 above, the site plan documents for Royal Executive Park also were reviewed by Frederick P. Clark Associates, planning consultant to the Village of Rye Brook; and 15 . The Planning Board at its September 6, 1984 meeting recommended approval of the physical details of the site plan for Phase 1B of Royal Executive Park in accordance with certain conditions set forth in its approval. - 13 - 001601- March 27 , 1990 WHEREAS, Resolution adopted by the Village Board of Trustees at its meeting held on October. 23 , 1984, the Village Board approved said application for site plan approval for Phase 1B in accordance with the conditions set forth in said resolution. WHEREAS, in or about December 19, 1986, Royal Executive Park substantially completed the three buildings of the Royal Executive Park office complex designated as Phase 1B, consisting of approximately 270, 000 square feet of office space. WHEREAS, thereafter, in March, 1988 , the subject application for site plan approval for Phase 1C ( Phase III ) of Royal Executive Park was submitted to the Village Board of Trustees , requesting that the Village grant permission to Royal Executive Park to construct an additional 345, 000 square feet of office space on the site, consisting of three I buildings , to be known as Phase 1C (Phase III) ; and WHEREAS, in connection with said application, the following actions occurred: 1 . On January 24 , 1989, a Draft Supplement to the Royal. Executive Park was submitted to the Village Board of Trustees which Board, acting as lead agency, issued a Notice of Completion and circulated the Draft Supplement to other governmental agencies, neighboring municipalities and made the Draft Supplement available to residents of the Village of Rye Brook and other interested persons and agencies; 2. On October 10, 1989, a public hearing was - conducted on the Draft Supplement to the Final Environmental Impact Statement at which time the Village Board. of Trustees heard comments from the public, other in- volved governmental agencies as well as other municipalities in regard to Phase 1C (Phase III) of the Royal Executive Park Development; 3 . In November, 1989, the consultants for Royal Executive Park submitted written responses to the oral comments made at the October 10, 1989, public hearing on the Draft Supplement as well as to the written comments received by the Village of Rye Brook in regard thereto; 4 . On November 28, 1989 , the Village Board of Trustees accepted the Final Supplement - 14 - Match 2'1 , 11990 HIM" I M" to the Final Environmental Impact State- ment to Royal Executive Park; 5 . on March 22, 1989, the Village Board of Trustees forwarded the subject site plan to the Village of Rye Brook Planning Board for its review and recommendations; 6. In the course of its review, the Village Planning Board held regularly scheduled meetings at which time it reviewed the subject site plan documents for Royal Executive Park. In connection with that review, the Planning Board requested and received reports from and consulted with the Police and Fire Departments, Village Engineer, Village Planner and Westchester County Department of Planning and studied the road configuration; 7 . During the Planning Board review set forth in subparagraph 6 above, the site plan documents were also reviewed by Frederick P. Clark Associates, Planning Consultant to the Village of Rye Brook; and I 8 . The Planning Board, at its August 10, 1989 meeting recommended approval of the physical details of the site plan for Phase 1C (Phase III) of Royal Executive Park. WHEREAS, the Village Board of the Village of Rye Brook is of the opinion that is in the general interest and common good of the people of the Village of Rye Brook to approve the site plan for Phase 1C of the Royal Executive Park with certain conditions and stipulations which will. be set forth herein. WHEREAS, prior to any action of approval, approval with conditions, or denial of the instant site plan which may be set forth herein, it should be stated that the Village Board of Trustees has given consideration to the Final Environmental Impact Statement for Royal Executive Park as well as to the Final Second Supplement to the Final Environmental Impact Statement of Royal Executive Park and further finds that the requirements of the New York State Environmental Quality Review Law and 6 NYCRR Part 617 and the laws of the Village of Rye Brook have been met and more specifically that: 1 . consistent with social, economic and other essential considerations, from among the - 115 - 001600 March 27 , 1990 reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statement; and 2 . consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process wil.1 be minimized or avoided by incorporating as conditions to the site plan approval those mitigative measures which were identified as practicable and other conditions which may be established by the Village Board of Trustees . WHEREAS, these findings are included in a separate resolution of the Village Board adopted by the Board at its February 23 , 1990 meeting prior to the consideration of this Resolution. WHEREAS, in the opinion of the Village Board of Trustees, the applicant has complied with the Village of Rye Brook development regulations for site plan and subdivision approval except as may be noted below. 1 . NOW, THEREFORE, BE IT RESOLVED, that said application for site plan approval and said supplemental site plan documents be and hereby are approved and the Mayor of the Village of Rye Brook is hereby authorized to endorse said approval upon copies of all documents, which shall authorize the issuance of building permits in accordance with this resolution and all applicable laws, all upon completion of the following modifications and conditions and also in accordance with the Village' s Zoning Law, its subdivision regulations and building code, 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 to the satisfaction of the Village Board of Trustees, including specifically those conditions set forth in Paragraph 19 of this Resolution, except as set forth below, or the applicant has requested an extension of this approval in writing; and 2 . BE IT FURTHER RESOLVED, that the buildings are to be constructed in accordance with the design, character and exterior or material types included in the plans and drawings referenced in this resolution; and 16 - 00160,1 March 27, 1990 3 . BE IT FURTHER RESOLVED, that after issuance of a certificate of occupancy, the development project shall be maintained in a clean, viable, well repaired and healthy growing condition. 4 . BE IT FURTHER RESOLVED, that no top soil may be removed from the project site without the express approval of the Board of Trustees. 5. BE IT FURTHER RESOLVED, that should the storm and drainage system or an element of the system become temporarily clogged or blocked, the Village Board of Trustees may direct the clearance of said blockage to be performed within 7.0 days or in the event of an emergency, within 24 hours, by an outside independent contractor and the cost of removal of said blockage or correction of the physical reasons leading to causing the emergency and charge the cost of conducting said work against the developer and property, enforceable in the same way as a tax lien. 6 . BE IT FURTHER RESOLVED, that the matter of visual. impact and impression which the Royal. Executive Park Building and accessory facilities create upon the general public is p also of paramount concern cern to the Village Board of Trustees . n 9 This concern is evidenced by the detailed plans and drawings referenced in this Resolution which have been reviewed and approved by the Village Board. Accordingly, the Phase 1C buildings, parking areas, landscaping and other incidental construction shall result in a visual impression to other phases comparable to Phases I and II of the Project and consistent with the detailed plans and drawings included therein. Such visual acceptance shall be insured by the use of building materials for Phase IC that are complimentary and in relationship to colors and textures presently evident in the first phase of construction. 7 . BE IT FURTHER RESOLVED, that the applicant shall submit detailed graphic examples of building facades and exterior pedestrian area construction materials, including exterior signs and lighting, pavement, exterior wall materials and other matters to the Village Board of Architectural Review, to the extent of detail deemed appropriate by said Board of Architectural Review and for approval of said Board subject to the provisions of subparagraph 6 above. 8 . BE IT FURTHER RESOLVED, that all. utilities shall be provided in sizes and amounts and locations in accordance with accepted engineering principals and shall be approved by the Village Building Inspector. 9 . BE IT FURTHER RESOLVED, that another concern of the Village Board of Trustees relates to noise impact from external activities, such as airplanes, upon the internal - 1.7 - 0016W) March 27 , 1990 i functions and activities of the occupants of the building. Accordingly, the applicant shall make every effort to integrate soundproofing material into the construction of the Buildings and a report on such efforts shall be submitted to the Board of Trustees for its information. 10 . BE IT FURTHER RESOLVED, that the applicant has submitted as part of this site plan approval a detailed listing or schedule of exterior landscape and planting material to be used in Phase 1C. This schedule includes but is not limited to number, type, size and location of all planting materials. Said plan has been approved by the Village Board of Trustees as part of its site plan approval of Phase IC. 11 . BE IT FURTHER RESOLVED, that all construction in Phase IC of the Royal Executive Park project involving the main access road and related areas, including landscaping, shall be completed prior to the issuance of a Certificate of Occupancy for any building or the occupancy of any building. 12 . BE IT FURTHER RESOLVED, that upon completion of the site work described in paragraph eleven above and all required site work for a particular building, the applicant shall be entitled to a permanent Certificate of Occupancy for that building. The permanent Certificate of Occupancy for the final building shall not be issued until all site work on the project has been completed. 13 . BE IT FIH2THER RESOLVED, that the applicant shall submit to the Director of Public Works (Village Engineer. ) , a construction traffic plan and program as a mitigative measure to include but riot be limited to: traffic routing .In and out of the site , general hours of truck traffic, availability of flag or other traffic control devices during periods of temporary congestion or emergency and other matters considered appropriate. Such plan shall be submitted and approved prior to the commencement of construction. 14. BE IT FURTHER RESOLVED, that during the period of construction, the applicant shall conform and. comply with the Westchester County Soil and Waste Conservation Boards "Best Management Practices Manual" for construction related activities so as to minimize soil erosion, situation and other storm drainage problems and shall utilize the services of the Westchester County Soil and Water Conservation District where appropriate. 15 . BE IT FURTHER RESOLVED, that the applicant- shall pay an inspection fee of three ( 3%) percent of the value of the public improvements , in the sum of $9 , 330 , which sum shall. be paid prior to the signing of the Site Plan by the Mayor, and the cost of any and all independent consultants arid. inspectors deemed necessary by the Village Board related to - 18 - 001606 March 27 , 1990 the project. 16 . BE IT FURTHER RESOLVED, that the Board of Trustees reserves the right for the Board or its designee to make a final field inspection of the site before issuance of: a permanent Certificate of Occupancy for the final building . The purpose of this final inspection is to review the development and to insure the applicant has complied with all site plan conditions and details set forth herein. The applicant shall maintain all elements to the approved site plan including landscaping in a neat, viable and healthy condition. 17 . BE IT FURTHER RESOLVED, that if the applicant fails to comply with any of the conditions with respect to maintenance, drainage and landscaping, the Village Board of Trustees may direct compliance with the site plan conditions to be performed within 20 days or in the event of an emergency, within 24 hours, by an outside independent contractor and the cost of the services shall. become a charge against the land, enforceable in the same manner as a tax lien. 18 . BE IT FURTHER RESOLVED, that the applicant shall as part of the Phase 1C (Phase III ) construction, undertake and complete the road improvements on King Street as shown on the site plan approved by the Village Board of Trustees prior to the issuance of a permanent Certificate of occupancy on any building or the occupancy of any building. In addition, the applicant must post a bond or an irrevocable letter of credit in the amount of ( $311,300) on or before the time it applies for a building permit, or undertakes to perform any site work, whichever occurs first, in a form acceptable to the Village Attorney. If the letter of credit or bond is .posted during 1990 , it shall be in the amount set forth above. If posted at a subsequent time, the amount of the bond or letter of credit shall be increased by the increase in the CPI for the New York Metropolitan area from 1990 until the time of the posting. In the event that any delays affecting the project occur, which delays are outside the control of the applicant, including but not limited to delays on the part of other governmental agencies, the applicant may apply to the Village of Rye Brook for an extension of time of the period during which the instant Site Plan Approval shall remain in effect, and the Village of Rye Brook agrees that it shall not unreasonably withhold granting such an extension by the time of such delay. In the event that the Department of Transportation requires Royal Executive Park to substantially modify the road improvements set forth on the site plan, then, Royal. - 19 - 001. 60'i March 27 , 1940 Executive Park shall have the right to make application directly to the Village Board for a modification of the site plan by proposing comparable road improvements which differ as little as possible from those set forth on the site plan, supported by the appropriate studies by a traffic expert. Royal Executive Park shall not occupy any building until. the road improvements are completed; and 19 . BE IT FURTHER RESOLVED, that notwithstanding, anything to the contrary in this Resolution, this site plan approval shall remain in full force and effect provided that each of the following conditions have been complied with by the applicant: ( a) excavation and completion of the foundation of one of the three buildings, occurs within five years of the date that this approval resolution is filed with the Village Clerk; and (b) Royal Executive Park, on an annual basis, commencing at the beginning of the second year from the date the bond or letter of credit is posted, and thereafter, at the beginning of each of the subsequent years, supplements all bonds or letters of credits, posted for the faithful performance of the construction of roads and the installation of public utilities and the other public improvements by increasing each such bond or irrevocable letter of credit by the CPT for the New York Metropolitan Area. These supplements shall be in a form approved by the Village Attorney and shall be in addition to any supplements required by any other provision in this Resolution; and 20 . BE IT FURTHER RESOLVED, that Royal Executive Park shall relocate the fitness trail upon the completion of Phase 1C (Phase III) ; and 21 . BE IT FURTHER RESOLVED, that all bonds and/or letters of credit posted by the Applicant in connection with this Resolution shall be released, upon the Applicant' s satisfactory completion of the improvements required thereby. The Village Engineer shall certify that said improvements have been satisfactorily completed prior to the release of the bonds or letters of credit. 22. BE IT FURTHER RESOLVED, that the site plan shall include therein, the following designation and legend: "This Site Plan shall be subject to all requirements and conditions of the Site Plan approval Resolution of the Village of Rye Brook, dated March 27, 1990, and all prior Site Plan and sub-division approval resolutions relating to the premises" ; and 23 . BE IT FURTHER RESOLVED that developer, il:s heirs, assigns and. successors, shall be obligated to provide copies of all final Site Plan and Subdivision Approval Resolutions, 20 - 001608 March 2-1 , 1990 I to every purchaser of this premises or any portion thereof ; and 24 . BE IT FURTHER RESOLVED, that this Resolution of Final Site Plan Approval for Phase 1C (Phase III ) shall lapse if the final Site Plan has not been filed in the office of the Westchester County Clerk within six ( 6) months after the date of this Resolution; and 25 . BE IT FURTHER RESOLVED, that except. as modified by the term, of: this Resolution, the prior Resolutions concerning the subject .premises, Royal Executive Par),, shall remain in full force and effect; and be it; 26. BE IT FURTHER RESOLVED, that the Resolution shall. be binding on the applicant, his heirs, successors and assigns, and upon the Village of Rye Brook, its heirs, successors and assigns. 27 . BE IT FURTHER RESOLVED, that the set back requirements for the parking areas approved herein, 60 feet; are those that were in effect when the Site Plan for Royal Executive Park Complex was approved by the Town Board of the Town of Rye, on November 5, 1980 . They do not and are not intended to constitute a precedent for any variance or waiver of the set back requirements currently in effect in the Village of Rye Brook. 28 . BE IT FURTHER RESOLVED, that the applicant shall construct a new northern entrance into Phase II of the complex in accordance with the plans and drawings referenced in this Resolution. 29 . BE IT FURTHER RESOLVED, that the presently existing water retention facilities have been or will be consolidated into a -single large retention facility located at the southerly end of the site. The pond is to be grassed and landscaped in accordance with the landscape plan filed with the approval by the Village Board as part of this Site Plan Approval. The applicant shall execute an indemnification agreement in a form acceptable to the Village Attorney, indemnifying and holding the Village of Rye Brook, its officials, directors and employees harmless from any and all claims, expenses and damages arising from the consolidation of the two presently existing water retention facilities, which indemnity shall include the obligation by the applicant to define the Village of Rye Brook, its officers, directors and employees , against any lawsuits or administrative proceedings arising from the consolidation. 30 . BE IT FURTHER RESOLVED, that the entire complex, including Phase IC is subject to and governed by the provisions of the Village of Rye Brook' s Tree ordinance, Local Law #5 -1989 . - 21 - 001601 March 27, 1990 The Village' s environmental consultant, Hudson and Pacific Designs shall monitor compliance with the provisions of this ordinance any additional expense incurred therein shall be borne by the applicant. 31. BE IT FURTHER RESOLVED, that on-site lighting and pedestrian walkways connecting the three phases of the site as set forth in the plans and drawings filed as of this Site Plan Approval shall be constructed as set forth in said plans . 32 . BE IT FURTHER RESOLVED, that the Applicant and the Village, by the Board of Trustees and/or the Village Engineer , shall regularly monitor the parking situation in the complex, and, if necessary, the Applicant shall make all 1 reasonable efforts to manage and use the existing parking areas so as to alleviate any problems. Mr. Sachs thanked the Board and the staff of the Village on behalf of London and Leeds, and pledged to live up to every commitment made to the Village Board. Mayor Cresenzi thanked Mr. Sachs and said that he knows Mr. Sachs and Royal Executive Park will live up to their commitments because they always have. 6. Authorizing Payment of Legal Expenses Associated with the Article 78 Proceedings regarding the Murray Subdivision Proposal on Hawthorne Avenue. Mayor Cresenzi said the Board will hold this until the April 3 , 1990 Meeting. 7. Considering Recommendations of Traffic Commission to Limit Parking on Windsor Road. Mr. Russo stated that the Resolution limits parking during school days to try to avoid the overflow of parking from the school in the residential areas surrounding the school. Ron LaPera, a resident, broached the subject of how the signs will read. He felt that the signs should read from September through June, allowing parking during the summer months. Mayor. Cresenzi stated that the Resolution should be modified to read September through June. Ron LaPera thanked everyone on behalf of everyone on the block. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following - 22 - ()0 k 6110 March 27 , 1990 Resolution was adopted: RESOLUTION WINDSOR ROAD PARKING j WHEREAS, the Traffic Commission, at its February 5, 1990 meeting considered a Petition from residents of Windsor Road to limit parking and WHEREAS, the Commission has transmitted a recommendation, through the distribution of their minutes, which states that parking should be restricted from 8 : 00 a.m. to 4 : 00 p.m. on school days, now, therefore, be it I RESOLVED, that Section 12-A entitled "Prohibited Parking" of the Village of Rye Brook Vehicle and Traffic Law be hereby amended to add a Sub-Section 12-A-24 , entitled "Windsor Road, " "a. On the east and west side, between Ridge Boulevard and College Avenue, No Parking between 8 : 00 a.m. and 4 : 00 p.m. School Days j September 1 through June 30 . " And be it I FURTHER RESOLVED, that this parking prohibition shall become effective upon notice in one of the official newspapers of the Village. 8. Check Register Authorization On motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was 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: 400190 - 400359 Hand Checks: 40826.7 11082.80 Payroll Checks: 400752 - 1100977 23 - 0016.11 March 27, 7.99,0 RESOLVED, that this - Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. I 9. Authorizing Expenditure of up to $1,850 from Recreation Trust & Agency Account for Fencing and Benches at Garibaldi Field. The benches are for comfort, and the fences are for the safety of the children. Thereafter, on motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: RESOLUTION RECREATION TRUST & AGENCY FUND RESOLVED, that the Village Board hereby approved an expenditure not to exceed $1,850 from the Recreation Trust & Agency Fund, for the purchase and installation of fencing and benches at Garibaldi ' s Park. WRITTEN COMMUNICATION 10. Frank Czerwinski, Manager of Real Eatate for the Philip Morris Corporation. RE: Funding of Rye Brook Birthday Run. Mr. Russo stated that a letter had been sent from Mr. Czerwinski with an enclosed check in the amount of $8 , 500 as a donation for the Birthday Run. Mr. Russo proceeded to read the attached letter informing the Village of Kraft-General Foods continued support_ of. the Rye Brook Birthday Run in June . Mr . Ravich requested that the Village respond in writing to thank them on behalf of. the Village Board, and Mr. Russo - 24 - 0016 411 March 7.7, 1999 responded that a thank you letter had already been sent. 11. Sergeant Robert Santoro, Rye Brook Police Department. Re: "NO LEFT TURN" at Sound Federal Bank. Mr . Russo said that Sergeant Santoro had sent him a memo concerning no left turn at Sound Federal Savings and Loan and it states that County D.O.T. required a no left turn sign, and it has been installed properly as per the County. The Village will need to pass a required ordinance to allow enforcement, and the Vehicle and Traffic Law will have to be amended in order to do this. Mr. Beane asked if that will require a Public Hearing, and Mr. Russo said it only required a Resolution and could be taken up right now. Mr. Beane dictated a Resolution. RESOLUTION AMENDMENT TO VEHICLE AND TRAFFIC LAW BE IT RESOLVED, that the Village, the Board of Trustees hereby amends the Vehicle and Traffic Law to include a provision which will prohibit left turns when leaving the Sound Federal Savings Bank property on Ridge Street. BE IT FURTHER RESOLVED, that this Local Law shall be effective upon providing notice in the official newspaper of the Village of Rye Brook. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the above Resolution was adopted. APPROVAL OF MINUTES 12 . February 20, 1990 - Approved 13 . February 27 , 1990 - Approved 1.4. March 20, 1990 - Approved Mayor Cresenzi asked the Board if they wished to make any changes, Trustee Mendi.cino asked, in reference to the Minutes from March 27th, whether there should be any changes made in the Records Management Officer. Mr. Beane said no, that the minutes are accurate. Mayor Cresenzi said that since there are no changes, the - 25 - March 27 , 1990 Minutes are accepted on motion made by Trustee Mend.i.ci.no and seconded by Trustee Pil.ipowsk:i . i i MEETING DATES April 3 , 1990 - Annual Organizational. Meeting April 24, 1990 - Budget Meeting ADJOURNMENT There being no further business to come before the Board , on motion duly made by 'Trustee Mendicino and seconded by Trustee Smith, it was unanimously resolved that the meeting be adjourned at 8 : 45 p.m. Respectfully submitted , 7 Christopher 1. Russo Village Adm_i.n.istrator/Clerk, 26 -