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HomeMy WebLinkAbout1993-05-11 - Board of Trustees Meeting Minutesi AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING MAY 119 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. PROPOSED LOCAL LAW #2-1993 ENTITLED: ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING l DEVELOPMENT E RESOLUTIONS 2. APPOINTMENT OF RECREATION LEADER 3. ACCEPTING DONATIONS TO THE I ANTHONY J. POSILLIPO RECONSTRUCTION FUND i 4. INDUSTRIAL DEVELOPMENT AGENCY FUNDING OBJECTION 5. AWARDING CONTRACT #9301 RECYCLING I 6. CHECK REGISTER APPROVAL OF MINUTES 7. FEBRUARY 9, 1993 8. MARCH 12, 1993 9. MARCH 16, 1993 10. MARCH 30, 1993 ITEMS FOR MAY 25, 1993 PUBLIC HEARING 1. LOCAL LAW #3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND 'r SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS I j REPORTS I 2. PETER J. BERNBAUM, CHAIRMAN ADVISORY BOARD TELECOMMUNICATIONS RE: NEW FEDERAL REGULATIONS MINUTES OF AN AGENDA MEETING 0 0 4 ' 4 5- VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MAY 11, 1993 CONVENE MEETING The Meeting was called to order at 6:00 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman t i Also present were: { Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works i Robert J. Sarttoro, Chief of Police Kenneth E. Powell, Village Attorney Elizabeth Bottati, Secretary to Village Board Village Treasurer, Joseph Cortese was not in attendance at this meeting. May 11, 1993 OC-4746 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Board immediately adjourned into Executive Session to discuss personnel matters related to the Police Department. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE The Board convened into Public Session at 7:45 p.m. and Mayor Cresenzi explained that we would be deviating from the Agenda this evening. APPROVAL OF MINUTES 1. FEBRUARY 9, 1993 2. MARCH 12, 1993 3. MARCH 16, 1993 4. MARCH 30, 1993 On Motion made by Trustee Daly, seconded by Trustee Solomon, the Minutes of February 9, 1993, March 12, 1993, March 16, 1993 and March 30, 1993 were approved as presented. TRUSTEE DALY VOTING AYE ; TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 5. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator; 2 May 11, 1993 004742 On-Line Checks: 6644-6711 Payroll Checks: 9934-10034 Environmental: NONE Recreational Trust: i I l Capital: NONE Manual Checks Capital: NONE Manual Checks: 6519-6520 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Zuckerman questioned if the Village was doing any research regarding making adult programs self supporting. Administrator Russo stated that as soon as we have the program analysis completed, we will be able to review that information. Mayor Cresenzi stated that there was discussion at the Ladies Bowling Luncheon that they may not be coming back to the Recreation Department next year, and that they may run the program l on their own. I Trustee Zuckerman stated that the Treasurer's Department finally has the proper equipment and `s hopefully by budget time next year, we will be able to determine exactly what we are paying for. +: TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. AWARDING CONTRACT x{9301 RECYCLING On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT #9301 "RECYCLING" 3 May 11, 1993 ()04 +� WHEREAS, the Village conducted a competitive bidding procedure on contract #9301 (Recycling) including public advertising; and WHEREAS, two potential bidders picked up bid proposals; and WHEREAS, one bid was received from Recycling Industries Corp., 524 Waverly Avenue, Mamaroneck, NY 10543. NOW, THEREFORE, BE IT RESOLVED, that contract#9301 entitled: "Recycling" is awarded to Recycling Industries Inc, 524 Waverly Avenue, Mamaroneck, NY for the period of June 1, 1993 to May 31, 1995 at the rate of $.61 per pick-up of curbside containers on a weekly basis and $80.00 per pick up of containers of non-curbside development; and it is FURTHER RESOLVED, that the Mayor is authorized to execute all documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Cresenzi stated that this is 290 per household less than what we are currently paying. Trustee Zuckerman suggested that after this meeting, we summarize all these savings in a press release so as to inform the public. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE j TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE i 7. APPOINTMENT OF RECREATION LEADER On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF RECREATION LEADER RESOLVED, that Robert Bertolacci, of 44 Ameridge Drive, Bridgeport, Connecticut, be hereby appointed to the probationary position of Recreation Leader at a salary of $27,084 with the Village of Rye Brook; and be it 4 May 11, 1993 11Y a r�pp • ,4 J�A � � FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of May 13, 1993. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. ACCEPTING DONATIONS TO THE ANTHONY J. POSILLIPO RECONSTRUCTION FUND On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the donations in the accompanying list are hereby accepted for the Anthony J. Posillipo Community Center Reconstruction Fund: ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND i NAME DONATION Anthony DeMarco $300.00 556 Westchester Avenue Rye Brook, NY 10573 Catherine Desio $100.00 3 Whittemore Place Rye Brook, NY 10573 Dominick Siano $100.00 9 Winding Wood Road Rye Brook, NY 10573 Patria Niemiec $30.00 17 Whittemore Place Rye Brook, NY 10573 5 May 11, 1993 004`11510 NAME DONATION Elizabeth Ferraro $25.00 68 Congress Street Harrison, NY 10528 Ruth Maxwell $20.00 256 Betsy Brown Road Rye Brook, NY 10573 John & Nicolina Pecora $10.00 244 Betsy Brown Road Rye Brook, NY 10573 Total..........................................................$585.00 i Total to date in Reconstruction Fund...................$6,885.00 'r 4 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURNMENT Mayor Cresenzi adjourned into a 10 minute recess at 7:50 p.m. PUBLIC HEARING 9. PROPOSED LOCAL LAW #2-1993 ENTITLED: ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT Mayor Cresenzi convened the Public Hearing on Local Law #2-1993 at 8:00 p.m. Attorney Powell recited the various changes that were made from the initial draft of the Senior Citizen Housing to its current form. Trustee Zuckerman added that these changes will enable the Village to approve any Senior Citizen Housing development south of Westchester Avenue, whether they be located in a commercial or R217 zone so that potentially we will be able to bring housing into some of the commercial sections as well as residential areas. When we finalize the PUD provisions, we will probably be able to approve some kind of Senior Housing along with the PUD project. 6 May 11, 1993 00475. Trustee Pellino added that this law will permit us to start small in these types of projects and it will set us in motion to handle the need of housing for seniors. Mr. Heller questioned how you can come up with more than four units. Mr. Circosta explained that if you take paragraph E, it says you can't cover more than 30% of the site. If you assume you have an 18,000 square foot lot and you can cover 5,400 square feet. In paragraph E it says the permitted density shall be one dwelling unit per 1,300 square feet of i lot size. If you take 18,000 square feet in lot size and divide that by 1,300 you get fourteen units. Mr. Circosta added that these units would be on two levels. Mayor Cresenzi explained that for each dwelling unit, you need 1,300 square feet of lot coverage. Mr. Heller questioned the occupancy section of the law and questioned whether or not a 65 year j old man married to a 57 year old woman could occupy one of the units. Attorney Powell replied that according to the law, both persons would have to be of the proper age. Mayor Cresenzi stated that one space is provided per dwelling unit. Mr. Heller questioned who would decide where the off site parking would be. Mayor Cresenzi stated that if it was necessary, given the site, it would be decided by the Board of Trustees. Mr. Heller stated that last week the law was site specific and now it is much more general. Parking is still a problem. Mayor Cresenzi stated that there may be people who rent units that don't drive and only use public transportation.- There is only one space per dwelling, so if additional parking is needed, it is the responsibility of the renter to make their own private arrangements. Trustee Solomon stated that the developer could also have an agreement to use parking on another nearby site. Trustee Pellino stated that when each project comes before either the Planning or Village Board, we have to go on the merits of the project that is presented to us so in terms of future projects, we have to make parking decisions based on the merit of the project that is before us at the time so we will have discussion in the future to require additional off site parking. 7 May 11, 1993 `j5 Trustee Zuckerman pointed out that the May 14, 1993 Planning Board has this topic on their agenda and anyone interested should attend that meeting. As Trustee Pellino said, we are starting small and nothing precludes us in six months or a year from changing the law if we find a provision that might work better. Trustee Zuckerman pointed out that we received a memo from Frederick P. Clark and Associates and it is projected that the affordable units would go for $572.50 for a one person household and $653.75 for a two person household. Attorney Powell stated that this was based on the standards set by HUD. Eve Heyn questioned if it was correct to say that as defined by Section 8 of Westchester County $27,800 for single and $35,750 for double. Trustee Zuckerman stated that according to Frederick P. Clark and Associates, it was $22,900 for single and $26,150 for double. Trustee Daly stated that we do not have these numbers set, we were just giving an example of how it is figured out. Trustee Zuckerman stated that by the time a project comes through the planning stage, all of this will be set forth, the only reason I read these numbers at this time was to give people a general idea of where the rentals were. Mr. Heller questioned how often the rents would be adjusted. Attorney Powell explained that the rents would be adjusted every two years, the length of the lease. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Public Hearing was adjourned at 8:35 p.m. TRUSTEE DALY ` VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ENACTING LOCAL LAW #2-1993 SENIOR CITIZEN HOUSING DEVELOPMENT WHEREAS, a Public Hearing was held on February 23, 1993, March 23, 1993, April 27, 1993 and May 11, 1993 on Local Law #2-1993 in accordance with law after due notice and publication; and 8 ®04'7583 i May 11, 1993 WHEREAS, at the Public Hearing the Board of Trustees considered Local Law #2-1993 adding a new Section 66-36 to the Zoning Law of the Village of Rye Brook to provide for a special exception permit for a senior citizen housing development; and WHEREAS, interested persons were given an opportunity to be heard with respect to this Local Law. NOW, THEREFORE, BE IT RESOLVED, that the accompanying negative environmental declaration under the State Environmental Quality Review Act is adopted; and be it FURTHER RESOLVED, that Local Law #2-1993 be enacted as follows: TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I RESOLUTIONS a F 10. INDUSTRIAL DEVELOPMENT AGENCY FUNDING OBJECTION f I On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION OBJECTING TO WESTCHESTER COUNTY INDUSTRIAL DEVELOPMENT AGENCY FUNDING OF A PROPOSED AIRPORT PARKING GARAGE WHEREAS, a letter dated April 13, 1993 from the Westchester County Industrial Development Agency was received on April 16, 1993 by the Village of Rye Brook; and WHEREAS, the letter represents a notification under General Municipal Law § 923-a to the Village of the Agency's intention to issue bonds to finance the acquisition, construction and equipping of a 1,200 space, two-fier parking facility at the Westchester County Airport; and WHEREAS, General Municipal Law § 923-a grants the Village 30 days in which to adopt a resolution objecting to the use of IDA funding. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby objects to the use of funds of the Westchester County Industrial Development Agency for the acquisition, construction and equipping of a parking facility at the Westchester County Airport. 9 May 11, 1993 004754 f Mayor Cresenzi explained that the County of Westchester is proposing to build a 1,200 space f garage at the airport to go along with the new expanded terminal that they are going to be constructing very soon. There was a proposal to fund the project with IDA money and in order to do so, they need an approval from the Village of Rye Brook as it is located within the Village of Rye Brook. Without our approval, they would not be able to go ahead and fund this project jwith IDA money. They could fund it with private resources. What we wanted to obtain was j a reduction in the size of the parking garage, a firm commitment from the County that they ` would move forward with the renewal of the stipulation that expires in 1995 regarding the number of passengers that use the present terminal and we wanted to know that since there was f a savings through IDA financing that would benefit the developer or builder, that the Village [ would receive some type of payment if we went along with the IDA funding proposal. Mayor Cresenzi explained that when we received notice from the County on April 13, 1993, there is a thirty day clock that starts and if we did not take any action by the Fall, this would be approved. By objecting to this, we are able to keep our lines of negotiation open with the County to try to get the best deal that we can for the Village and for the surrounding communities and that the purpose of the objection is to try and get the best deal for the Village of Rye Brook. Trustee Zuckerman questioned if any discussion took place with the surrounding communities regarding their position as to how we should proceed with regards to the funding. Mayor Cresenzi stated that we held a meeting at the Village Offices with representatives from Harrison, Armonk and Greenwich and the general consensus of the meeting was that we should go out and try to get the best deal that we could for Rye Brook, which would benefit all of the surrounding communities. Trustee Zuckerman questioned if the Village had any communication with the people at the IDA and the County to ask them to temporarily withdraw until we negotiate this and pass this resolution. Mayor Cresenzi stated that we wrote a letter requesting that they stop the clock so we can continue to negotiate. We have heard nothing from them formally, only that we will be receiving a letter shortly, but the clock is ticking and we must take action now. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. PURCHASE OF PROPERTY AT 504-506 ELLENDALE AVENUE On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following resolution was hereby adopted: 10 OQ4'7��r May 11, 1993 RESOLUTION PURCHASE OF PROPERTY AT 504-506 ELLENDALE AVENUE RESOLVED, that the Village of Rye Brook is authorized to enter into a contract with Jon Micheaux to purchase land known as 504-506 Ellendale Avenue for the total sum of$225,000.00 I with a downpayment of $225.00; and it is FURTHER RESOLVED, that the action is found to be an Unlisted Action under the State Environmental Quality Review Act which will have no significant adverse impact on the environment; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents F necessary to accomplish the purposes of this Resolution and the acquisition of the above property. i i r Trustee Solomon stated that by obtaining this property, it will give us much more flexibility in many of the services that we will be able to provide to the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ITEMS FOR MAY 25, 1993 PUBLIC HEARING 1. LOCAL LAW #3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS REPORTS 2. PETER J. BERNBAUM, CHAIRMAN ADVISORY BOARD TELECOMMUNICATIONS RE: NEW FEDERAL REGULATIONS Mr. John Grieco stated that he was present this evening to represent Westmore Electric, who was involved in the bidding process of the Anthony J. Posillipo Community Center. Westmore Electric was the second lowest bidder and he had some questions about the lowest bidder. He suggested that the lowest bidder should be checked out because he is not listed as an Electrical Contractor and his bid should be disqualified because it is not valid. 11 May 11, 1993 004756 Mr. Grieco added that he came in with two other bids, and my understanding of the municipal law is that each bid has to go out to a separate contractor, and how can one contractor bid on three separate contracts. Even though he submitted three separate packages, he is still only one j contractor. He is listed in the telephone book as a heating contractor, not an electrical contractor. Mayor Cresenzi suggested that Mr. Grieco write a letter to the Board of Trustees expressing all of these concerns that were just raised, as the contracts have not been awarded yet and are still being reviewed. The WICKS law is the State Law under which we must bid the job, but to the best of my knowledge, we are required to take a bid on each of the four phases of construction, but I don't believe it is necessary that they come from separate contractors. It is conceivable that a General Contractor could take the job with four separate bids. Mr. Grieco stated that he did not read the bid documents that way. Mr. Benvenuti stated in regard to the Merrit & Holby project, that he was under the impression that the Building Permit would not be issued until the driveway was resolved. How can the Building Permit be issued when they do not even know how the traffic is going to be resolved. Mr. Benvenuti questioned on what grounds was the Building Permit issued as he feels it was issued illegally. Mr. Circosta stated that this was reviewed by our Village Attorney as was the resolution of approval and the permit was issued based on that. Mayor Cresenzi stated that what the resolution called for was that within ninety days they would have to make application to the Planning Board to review the driveway interconnect, which they have done. Mr. Sabia stated that he thought that the law stated that the total site plan must be approved before any building permits are issued. He added that we should deny the Certificate of Occupancy. Mayor Cresenzi stated that during the Public Hearing process on the original site plan review, the concept of the driveway interconnect came up. The project was approved as long as they made application to the Planning Board to resolve that driveway interconnect, but there was no restriction put in there that a Building Permit would not be issued until that was accomplished. Trustee Zuckerman stated that in retrospect, knowing what we know now, we may have made a mistake and the Village Attorney has advised us that to revoke the Building Permit would be too costly to the Village. We need to get the driveway issue resolved as quickly as possible and in the future, we should be really careful and approve the whole thing, or nothing. He added that his major worry is that there is no traffic pattern when that structure is built and there is no way to have the interconnect be a viable passageway for vehicles and/or pedestrians and we may determine that the cars coming out on Ridge Street going back and forth is not viable and that the whole thing is a disaster. Trustee Daly stated that we must prevent this from happening in the future. 12 I j May 11, 1993 00475 Mr. Sabia questioned what would happen if the traffic impact and the interconnect proved to be negative. He further questioned if we were going to piecemeal this or what. Mayor Cresenzi stated that the Board would not piecemeal anything. Mr. Sabia stated that sometimes mistakes are made and whether they are accidental, it does effect the quality of life for the people living in that area. Mr. Circosta explained that when the Gymboree came in front of the Village Board of Trustees, it was decided not to hold any Public Hearing on the Gymborce until the driveway interconnect was decided and this would be reviewed under one site plan, rather than piecemealing. Trustee Pellino stated that the storage/basement parking area was to be used just for those purposes until another application was made for another use. When the resolution was adopted, it was made very clear that the basement area would remain the same until the driveway was resolved, they were to come back to the Planning Board with an application to put that driveway interconnect in as a condition of the original approval, and to the best of my knowledge, Trustee Pellino added, this was done. Mr. Benvenuti questioned the amount of parking spaces required and added that it was 4 impossible for them to meet proper amount. Trustee Zuckerman explained that the basement area requires a separate site plan review from the beginning. The driveway issue is really part of the first site plan approval and it has angered me that the push in the Planning Board has been on the basement use than the driveway use. At our previous meeting we directed the Planning Board to consider the driveway as the prime issue for safety reasons. Trustee Solomon questioned if we could legally deny Merritt and Holby a Certificate of Occupancy if the driveway interconnect is not complete. Attorney Powell replied that legally, we could deny the builder a Certificate of Occupancy. ; i Trustee Pellino stated that after much discussions in the Planning Board, we thought that a reasonable compromise was reached to put a pass through in front of the site to enhance the quality of life of the residents , to reduce air and noise pollution, and to bring the traffic out in the front, but this solution has yet to present itself. Mr. Sabia stated that passing an incomplete plan was very unfortunate. He added that this is a good project, however, we, as residents that abut the property are very concerned that Merritt and Holby do not piecemeal. The idea of having a Gymboree back there is not very good and Trustee Daly even stated that it is chaotic. Mr. Benvenuti questioned what the side setbacks were. Mr. Circosta stated that he would review that. 13 f May 11, 1993 0 f7 4 Mr. Heller stated that foundations are already being put in at 200 South Ridge Street and the interconnect has not even been approved. Now the project has been approved and the mistake ihas already been made. Mayor Cresenzi stated that we must look at the parcel of land as though it was standing alone. With the traffic light that goes in there, the traffic design for that shopping center will work. It is a unique situation as we have two shopping centers side by side and owned by the same individual, which makes it possible to have the ability to address the issue of a interconnect. We are trying to get the best for everyone. Mr. Lanzilli stated that a letter was written regarding the higher fence and questioned if there was any response. Mayor Cresenzi stated that he received the letter and in turn wrote a letter to Merritt and Holby. We received a letter back on the 6th stating that they referred the request to their site engineer for his comments. ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the meeting was adjourned into Executive Session to discuss personnel at 9:15 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to the Village Board 14 f 004759 Local Law Filing NEW YORK STATE OEFARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C Ow MMof _....._ _.. . Rye Brook,.._» ..... .._». ....._.... ._ . Village Local Law No. 2 ........... of the year 19 93 A local Iaw . _.._ .*See Below _ (insert TIbig) ................................................................. Be it enacted by the ..._......_.... Board of Trustees _... _. ......._............... _.. ._...... .._....... ..» ............... ..__nf the (Name of Legislative Body) of .........................................................Rye Brook ............................................._.........................».......as faitovrs: Village * A LOCAL LAW adding a new Section 66^36 to the Zoning Code of the Village of Rye Brook to provide for a special exception use permit for a Senior Citizen Housing Development. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 1. The Zoning Law of the Village of Rye Brook is amended to add a new Section 66-36, Senior Citizen Housing Development Special Permit, to read as follows; § 66-36. Senior Citizen Housing Development Special Permit. A. Purpose and Findings. The Bpard of Trustees finds that the Village should encourage the development of additional housing options for senior citizens within the Village of Rye Brook to assist in accommodating a Village and regional demographic trend and housing need. It is the intent and purpose of this Section to promote the health, safety and welfare of the community by providing for a housing option for senior citizens which relate to the character of the Village, are appropriately situated, and which include elements of affordability. To this end, a special exception use permit may be applied for in accordance with the provisions of this Section. B. Special Permit Authorized. A special exception use permit may be granted by the Board of Trustees for a senior citizen housing development in accordance with the procedures of Article IV, Section 66-6(H) (1) of the.Zoning Law and subject to the provisions of this Section. The applicant shall submit a feasibility study demonstrating the financial and socio- economic feasibility of the development proposed to assist the Board of Trustees in determining whether the development is feasible. The applicant shall carry the burden of proof to demonstrate compliance with the requirements of this Section. (If additional space is needed, attach pages the same size as this sheet, and number each.) 005.239 (Rev. 7/901 004760 C. Lot Location and Size. The site of a senior citizen housing development shall have at least 160 feet frontage on a major or collector road(s) (Westchester Avenue, South Ridge Street and Bowman Avenue), shall be located South of Westchester Avenue only, and shall have a lot area of at least 18,000 square feet, but no more than 40,000 square feet. A site plan conforming to Chapter 209 of the Code of the Village of Rye Brook shall accompany a special exception use permit application under this Section. D. Density. The permitted density shall not exceed one (1) dwelling unit per 1,300 square feet of lot size. E. Coverage. Building coverage (principal and accessory) shall not exceed 30% of the total site. Site coverage (building coverage plus paved areas, but not including sidewalks) shall not exceed 60% of the total site. Within the site, the property and principal and accessory structures shall conform to lot, yard and other dimensional requirements of the zoning district in which it is situated. F. Distance. A senior citizen housing development shall not be located more than 1,000 feet from a C1P, C1 or OBS zoning district, as measured from the nearest points of lot fines or zoning district boundaries, as the case may be. G. Design. A senior citizen housing development shall be designed to be compatible with the natural features of the site and surrounding uses, not to conflict with the character of existing buildings in areas where a definite pattern of style has been established, and to reasonably accommodate the needs of senior citizens including accessibility needs. Exterior lighting shall be of such nature, be arranged and utilized in a manner so as to minimize interference with adjoining landowners. 1 H. Parking. One on-site parking space shall be required for each dwelling unit. In the discretion of the Board of Trustees, additional parking may be required which may be accommodated off-site. All driveways, parking and standing areas shall be improved surface. Satisfactory sight distances shall exist at the intersection of access driveways and roads. I. Senior Citizen Occupancy. All dwelling units shall be occupied by senior citizens of at least 62 years of age or older. Dwelling units shall be occupied as a principal place of residence. Dwelling units shall not be occupied for seasonal use. Temporary visits by temporary visitors be allowed regardless of age, but visits longer than 30 continuous days or 30 days in any one year may be presumed not to be temporary. J. Fair Housing Act. The owner of the senior citizen housing development shall establish and enforce policies and shall manage the senior citizen housing development so as to ensure continuing compliance with the exemption for housing for older persons 62 years of age and older under the Federal Fair Housing Act (42 U.S.C. 3607). 004'761 K. Rentals. All dwelling units shall be rented for occupancy by written lease only to natural persons. Cooperative or condominium ownership shall not be permitted. Leases and renewals shall not exceed two years in duradon and sublets or assignments shall not be allowed. As long as a tenant in actual occupancy remains eligible for occupancy and has complied with the terms of the lease or a prior renewal, the tenant shall be offered a two- year renewal of the lease. L. Selection of Tenants. The owner or authorized manager of the senior citizen housing development shall be responsible for selecting tenants. A general waiting list for prospective tenants shall be maintained by the owner or authorized manager. A separate waiting list for affordable dwelling units shall also be maintained by the owner or authorized manager. Subject to the right of the owner or authorized manager to reject a prospective tenant for good cause shown, and to rules and regulations as the Board of Trustees may promulgate, selection of tenants for all dwelling units shall be made upon the following priorities: 1. Residents of the Village of Rye Brook: a. Cumulative length of Village residency. b. Date of application. c. Lottery. 2. Relatives of Residents of the Village of Rye Brook (Immediate Family - Father, Mother, Son, Daughter, Brother or Sister). a. Cumulative length or residency of Village resident. b. Cumulative length of former Village residency. c. Date of application. d. Lottery 3. Persons Employed in the Village of Rye Brook a. Cumulative length of employment within the Village. b. Cumulative length of former Village residency. c. Date of application. d. Lottery. 4. Residents of the Town of Rye a. Cumulative length of Town residency. b. Date of application. c. Lottery. 004762 5. Other Residents of Westchester County: a. Cumulative length of former residency in the Village of Rye Brook. b. Cumulative Iength of residency in the County. c. Date of application. d. Lottery. 6. Other Persons Employed in Westchester County: a. Cumulative length of former residency in the Village of Rye Brook. b. Cumulative length of employment in the County. c. Date of application. d. Lottery. 7. All Others: a. Cumulative length of former residency in the Village of Rye Brook. b. Cumulative length of New York State residency. c. Date of application. d. Lottery. M. Notices to Village. The owner or authorized manager shall provide (under oath if requested) at least the following notices and information to the Village: 1. Waiting lists and a list of any unoccupied dwelling units shall be provided to the Board of Trustees at least four times a year (January 15, April 15, July 15, and October 15). j 2. A notice of rental shall be provided to the Board of Trustees upon the initial rental of every dwelling unit and upon each renewal. 3. Such other notices.and information as the Board of Trustees or Building Inspector may from time to time require. At all reasonable times the Building Inspector or authorized agent of the Board of Trustees may visit and inspect the premises and all relevant books, records and accounts of the senior citizen housing development, the authorized manager and owner, including o4-site audits and inspections, for the purpose of determining compliance with this Section. N. Affordability. At least 25% of the dwelling units shall be affordable and shall be rented only to eligible senior citizens with rental limitations. Affordable dwelling units and other dwelling units shall be built to substantially the same standards and receive substantially the same amenities. If the application of the 25% standard results in a fraction of a dwelling unit, the required number of affordable dwelling units shall be the next higher integer. 004763 1. Income Eligibility. A senior citizen eligible for an affordable dwelling unit shall have a gross household income equal to or less than eighty (80%) percent of the median gross household income by household size as defined in Section 8 income limits for Westchester County established by the United States Department of Housing and Urban Development, as amended from time to time. 2. Rental Limits. Renu, excluding utilities, shall be established so as not to exceed thirty (30%) percent of the gross household income by household size as defined in Section 8 = income limits for Westchester County established by the United States Department of Housing and Urban Development, as amended from time to time. 3. A maximum of one month security deposit shall be held in connection with an affordable dwelling unit. Income eligibility and rental limits shall be determined at the beginning of the lease term and any renewal. In the event that a tenant of an affordable dwelling unit becomes ineligible after occupancy, the tenant may remain in the dwelling unit, but the dwelling unit shall upon the next renewal lose.its affordable dwelling unit rental limit, and the next dwelling unit available for new occupincy.shall become an affordable dwelling unit and subject to income eligibility and rental limits. 4. After diligent efforts to rent an affordable unit, the owner of the development may apply to the Board of Trustees for a waiver of the affordable unit status of a vacant unrented affordable dwelling unit. The owner shall demonstrate in the application that diligent efforts have been undertaken to locate an eligible senior citizen, and under the provisions of this Section, the unit cannot be rented for the near term. If the Board of Trustees grants the waiver, the next available unit shall become the affordable unit, subject to this waiver procedure. O. Penalties for Violation. Any person violating the provisions of this Section shall upon conviction be guilty of an offense and shall be liable for a fine not exceeding two-hundred and fifty ($250) dollars for each offense or by imprisonment not exceeding thirty (30) days or by both fine and imprisonment. Each day an offense continues shall be deemed a separate offense. P. Injunction. The Board of Trustees may apply in a court of competent jurisdiction for injunctive relief to enjoin any continuing violation of the provisions of this Section. In such application, irreparable injury shall be deemed to exist. Q. Covenants. A covenant running with the land, binding upon heirs, successors and assigns, shall be tiled by the owner and recorded in the Office of the County Clerk within sixty (60) days after a special permit is granted under this Section. Proof of such recording shall be provided to the Village before the site plan shall be signed. The covenant shall provide that the property approved as a senior citizen housing development under this Section shall be utilized for that purpose in accordance with the provisions of this Section, and for no other purpose, and that the property shall not be further subdivided or sold in parcels, unless the Board of Trustees shall give its prior written consent in an instrument filed and recorded in the Office of the County Clerk. 004704 R. Additional Requirements. The Board of Trustees may require additional provisions or conditions as the Board of Trustees may, in its discretion, determine to be appropriate to serve the health, safety and welfare of the Village. The Board of Trustees may adopt rules and regulations to carry out the provisions of this Section. Referral to the Planning Board of an amendment to this Section to provide for a purchase of dwelling units shall be optional.. 2. This Iocal law shall take effect upon filing in the office of the Secretary of State. I 004765 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of I9 93 of the ( Village) of Rye Brook was duly passed by—the Board of Trustees on May 11 1993, in accordance with the applicable provisions of law. M=8 0i Loxmi=v*Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed bycite on 19_, and was (approved)(not disapproved)(repassed after (Name ofdisapproval) by the and was deemed duly adopted on 19 Ln«tva Chief a<u¢ive t tear' — in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) IL,`�reby certify that the local law annexed hereto, designated as local taw No. of 19 a se (County)(City)(Town)(Village) of was duly passed by the on 19 of agistadve Body) _, and was (approved)(not disapproved)(repassed after disapproval) by the on I9 . Such local taw was lecctve zMef x e<u¢ly" Onicar' submitted to the people by reason of a (mandatory)(pertnissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the ($eneral)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting re ferndu m.) I hereby certify that the local law,'annexed hereto, designated as local law No. of 19 of the (Caunty)(City)(Town)(Viilage) of was duly passed bythe on 19_, and was (approved)(noc disappro ved)(repassed after (N=e O( LCj1Yia¢lYQ Ody) , disapproval) by the on 19 Such lora law was subject to tElnectve Chtei cxncucive Oif'icar' permissive referendum and no valid petition requesting such referendum was filed as of 19 in accordance with the applicable provisions of law. _ It ;five Chief Executive Officer means or includes dte chief execudfse officer of a county elected on a ebunty-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such ofricer is vested with the power to approve or veto,lucnt laws or ordinances. (2) 00TJ S. (City local Iaw concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 'i the City of having been submitted to referendum pursuan�ro provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6. (County Iocal law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the Coitttty of , State of New York, having been submittedd io the electors at the General Election of November — 19_, pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law; and was finally adopted is the manner indicated in paragraph 1 above. (Seal) Date: May 11, 1993 i i t (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Viilage Attorney or other authorized Attorney of locality.) STATE Or NEW YORK COUNTY Or Westchester I, the undersigned, hereby certify that the roregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ignatury Kenneth E. Powell Village Attorney TWO GXMW MM of Le Brock MM Village Once: Mav 11, 1993 (3) '