HomeMy WebLinkAbout1992-05-12 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
AGENDA MEETING
MAY 12, 1992
8: 00 P.M.
PLEDGE OF ALLEGIANCE ACTION
PUBLIC HEARING
1. ANGLICAN CHURCH OF THE ADVENT
COMLY AVENUE
SECTION 1, BLOCK 8 , LOTS 4B-2
FINAL SUBDIVISION APPROVAL
RESOLUTIONS
2 . BUDGET MODIFICATIONS
3 . DEDICATING THE MARSHLAND CONSERVANCY
AS PARKLAND
SETTING P
4 . UBLIC HEARING DATE
MERRITT & HOLBY ASSOCIATES
200 SOUTH RIDGE STREET
SECTION 1, BLOCK 22 , LOT 4AA. 2A2
SITE PLAN APPROVAL
5 . AWARDING CONTRACT #9201
REHABILITATION OF TENNIS COURTS
6. REJECTING ALL BIDS ON #9202
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CLEANING OF VILLAGE OFFICE
NEXT MEETING DATES
jMAY 26, 1992 - 8 : 00 P.M. - REGULAR MEETING
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ITEMS FOR TUESDAY, MAY 26, 1992
PUBLIC HEARINGS
1. ADOPTION OF LOCAL LAW #1-1992 ENTITLED: A
LOCAL LAW TO PROVIDE FOR THE CODIFICATION
OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS
OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL
CODE TO BE DESIGNATED THE "CODE OF THE
VILLAGE OF RYE BROOK" .
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2 . ADOPTION OF LOCAL LAW #2-1992 ENTITLED:
"NUMBERING OF BUILDINGS" .
3 . MERRITT & HOLBY ASSOCIATES
200 SOUTH RIDGE STREET
SECTION 1, BLOCK 22 , LOT 4AA. 2A2
SITE PLAN APPROVAL
RESOLUTIONS
4 . MOBIL OIL, INC.
105 SOUTH RIDGE STREET
SECTION 1, BLOCK 23 , LOT 1A-2B, 3 & 4
SITE PLAN APPROVAL
5 . APPOINTMENT TO CABLE TV COMMISSION
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DISCUSSION
LOCAL LAW #3-1988
LOT COVERAGE
APPROVAL OF MINUTES
6. MARCH 24 , 1992
l 7 . APRIL 14 , 1992
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8. APRIL 27 , 1992
9. APRIL 28 , 1992
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00420
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MINUTES OF AN AGENDA MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
VILLAGE OFFICE
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
MAY 12, 1992
8: 00 P.M.
CONVENE MEETING
The Meeting was called to order by Mayor Cresenzi at 8 : 00 p.m. in
the Meeting Room and the Pledge of Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Michele R. Daly
Trustee Joseph Pellino
Trustee Randy A. Solomon
Trustee Gary J. Zuckerman
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Also present were:
Christopher J. Russo, Village Administrator
Rocco V. Circosta, Director of Public Works
Edward F. Beane, Village Attorney
Thomas Gissen, Frederick P. Clark
Elizabeth Czajkowski , Secretary to Village Board
Lori Ann DeMarco, Asst to Village Administrator and Joseph
Cortese, Village Treasurer were not present at this meeting.
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May 12 , 1992
PUBLIC HEARING
1. ANGLICAN CHURCH OF THE ADVENT
COMLY AVE/SECTION 1, BLOCK 8, LOTS 4B-2
FINAL SUBDIVISION APPROVAL
Mr. Bruno Gioffre, attorney to the applicant, explained that this
property is located in an R-15 zone which requires minimum lot
sizes of 15, 000 square feet. The plan shows that these lots can be
accommodated and the required lot sizes are met. Also, the front
yard requirements of 40 feet and rear yard requirements of 40 feet
as well as the side yard requirements of 15 feet on one side and a
total of 40 feet were all met. The parcels in each case are
greater than the minimum size required by the Code. Parcel #1 has
frontage on Castleview Court and is 17 , 033 square feet. Parcel #2
also has frontage on Castleview Court and is 15 , 021 square feet.
Parcel #3 has frontage on Comly Avenue and is 19 , 055 square feet.
The total tract is 51, 109 plus square feet so that in each case,
each lot exceeds the number which is required by the code. The
only issue that caused difficulty to the Planners, was the means of
determining average lot width. He stated that the individual
dimensions, which are available this evening, were prepared by
Ralph Mastromanaco, P. E. He added that the Code is not clear, as
it does not prohibit whether those sections should be considered.
The intent of the Code and the reason for the lot average
requirement is to make sure that you do not get odd shaped lots
where there is difficulty in fitting the house on the site. These
lots are typical, good sized lots. The houses are set up in a
standard fashion and there is no gerrymandering of the lines. They
also meet the requirement of basic sensible alignment of how the
lines work with respect to each other. In section 12 . 5 of the
subdivision regulations, there is a provision that gives one the
power to modify a zoning regulation if it is deemed required, and
is in the best- interest of the public and, in this case, there is
a question as to whether it is required. Mr. Gioffre explained
that the parcel totals 51, 109 square feet, 15 , 000 square foot lots
being the minimum in this zone. one can get three 15, 000 square
foot lots into such a parcel . These lots can then be created in a
typical code conforming basis. They have the frontage of 100, the
depth of 125 and they do meet the building envelope requirements.
We are seeking basic conformity with what the code requires. It is
in the best interest of the public that where there is an R-15
zone, which is residential to return the use to conformity. The
law favors return to conformity when non-conformity exists, Mr.
Gioffre stated. The elimination of a parking area, and a
congregation of people who are not there for a residential purpose,
and the restoration of this dwelling to residential use are all in
Ili the best interest of the public. This applicant has typical
oversized lots that meet the code.
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004266
May 12 , 1992
Trustee Daly stated that the plan of the lot lines that was just
given to her is a different shape than the lot lines referenced in
the plans.
Mr Gioffre stated that the Planning Board has questioned if we
could create three conforming or standard lots. This shows that
the ability to create three lots exists. We took the entire parcel
and laid it out to show that three lots can be created in code
conforming status and then to make them look better we did this so
that each lot had more space, the backyard is more substantial, the
setbacks were proper and with the exception of this approach to
Comly, which has been changed to Castleview Court we took it to
show you that these lots do better justice to a typical layout, but
never the less the parcels could be created into three code
conforming lots . He stated that there is no clear language with
respect to exclusion of portions or the inclusion of portions in
your total configuration for the purpose of calculating the bulk
requirements of the Code. other communities do permit this type of
configuration. If the plan is in the best long term interest of
the Village, then you must determine whether the proposal for this
subdivision will result in a good subdivision design, and whether
it is in the best interest of the Village to exercise the powers of
the Board of Trustees in this case. Some of the criteria that
should be taken into consideration at arriving in the determination
are basic lot configuration, lot size, present use as opposed to
proposed use, physical appearance of the site as it presently
exists and as it is proposed to exist, and in that regard he
informed the Board that if the approval is granted, the parking lot
will be removed. This will bring more green to the area, which one
of the Planning commented, is missing. Also this subdivision will
permit the preservation and enhancement of property values. Mr.
Gioffre asks that the Board act affirmatively, and exercise their
power both in the area of interpretation and discretionary rights
to permit this subdivision to go forward and permit this facility
to become a residential structure. The congregation of the
Anglican Church is one which is minimal in size and has had
substantial difficulties in continuing to maintain this facility
and finds it necessary to relocate closer to it' s congregation
which is out of the State and to get into a facility which they
could more easily afford. Mr. Gioffre added that these are not
concerns with respect to zoning, however the Board should know the
background as to why the Anglican Church seeks permission to
subdivide.
Trustee Zuckerman questioned if this was the second request for
j subdivision by the Anglican Church in the last seven years and if
there were certain variances granted in the first subdivision.
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00426 i
` May 12 , 1992
Mr. Gioffre stated that he was not aware of variances, however this
is the second subdivision. When this area of the church was
subdivided, part of the property which went back to the other end
of the subdivision, adjacent to Dr. Valenti's property on Magnolia
Drive was property that created a non-conforming lot with regards
to mean width we spun off the piece and made it a part of his
property and hence the developer now had a complying lot. If
anything, rather than a variance, there was an allowance to do the
very thing we are seeking to do, which is to discount that portion
of the land which didn't really involve itself in the subdivision
and to take it away from the calculation of the square footage. If
these parcels, were spun off into adjacent properties there
wouldn't even be any discussion.
Trustee Zuckerman questioned if there was ever a plan proposed to
the Board by the Anglican Church that encompassed the entire
subdivision of the parcel or is this a kind of a peace meal
development. At some point the church could have submitted a plan
that would have showed the entire property with some kind of
subdivision plan and that plan might have shown a subdivision into
five parcels, rather than the total of six that we are being asked
to consider here. Although this is only asked to consider three
subsequent lots, it is still disturbing.
Mr. Gioffre stated that Trustee Zuckerman' s point is well taken,
and explained that initially, when the Church made this
application, it did not have, in the back of it' s mind, to do this
on a peace meal basis or nickel and dime this application and get
the maximum they could. At that time the church had substantial
debts that needed to be taken care of. For the Church to receive
this approval, it not only had to show you a subdivision as a
matter of right and get it approved, which they did and also had to
receive court approval as it does for this application to the fact
of the sale. The Church went through four different stages, and
the congregation, was facing extinction because they were unable to
make their payments.
Trustee Zuckerman stated that the Lutheran Church is another
example of Peace Meal Development. We should look very carefully
upon a piece of land that has been developed and sub-developed
without any apparent long range manner toward the parcel as a
whole. We have to look at this very strictly and not in a liberal
manner. We need to develop policies that look at the development
of large pieces of property in a long range manner and not in the
way of peace meal development.
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004268
May 12 , 1992
Mr. Gioffre stated that regarding subdivision, people have a right
to develop their property. The Zoning Ordinance of the Village of
Rye Brook states that as long as you meet certain criteria, you
have the right to develop your property, therefore, if one comes in
and has a two acre parcel and subdivides half of it, the Village
has the right to suggest that they take a look at the other acre
and consider the possibility of what could happen to the other
acre, but it does not mean that if the Board has approved, as a
matter of right, the first acre, that the Board has the right to
limit the development of the second acre, because they do not.
Trustee Zuckerman questioned if the subdivision meet the mean/width
requirement.
Mr. Gioffre stated that they do meet the mean/width requirement and
there is no exclusionary practice in the code which prevents the
Board from not considering that. Section 1. 5 of the subdivision
regulations gives you the power to look at this in the best
interest of the Village of Rye Brook and this residential
community.
Trustee Zuckerman stated that he was not on the Board at the time
of the previous subdivision, however he would have liked to see a
complete site development to see what the potentials would be.
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Mr. Gioffre suggested that if in the future an applicant approaches
the Board with a larger size parcel that one seeks to develop, you
should not say to someone who could get six houses as a matter of
right, that they should be happy with five houses . That is not
fair, Mr. Gioffre added.
Trustee Pellino stated that had this been developed as a single
j subdivision when prior approval was granted, we might have been
able to avoid this somewhat distorted lot line that is bringing the
mean\lot\width question to us this evening. He questioned if Mr.
Gissen of Frederick P. Clark Associates, has seen this schematic
and what his opinion was.
Mr. Gissen stated that in reviewing the schematic, the Code is not
clear through either permission or prohibition when you measure
mean\lot\width or lot depth when you come up with an excess area or
an out parcel and whether that can be excluded for the purpose of
calculating the lot width.
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May 12 , 1992
Mr. Gissen stated that for example, the whole last 2\3rds of Lot 3
are to some degree, less than the minimum lot width. But you may
have lots where you have a long corner sticking out on a very
oversized lot. one municipality says that whether you have a lot
that is larger of the minimum size, you may exclude all that area
down to the minimum size if that is preventing you from reaching
your minimum lot width or depth. This code does not state anything
like that. Therefore, it is his interpretation as a planner, that
the regulations would appear to indicate that it is within the
Village Boards interpretive powers because the code does not say
anything, one way or another.
Trustee Pellino questioned if it were a possibility that we are
developing a flaglot situation with this excluded portion where
this property could be sold off to some extent and a lot large
enough to be considered a building lot developed.
Mr. Gissen replied that this is not a possibility. He explained
that if that were the subdivision plan that they were proposing,
those outparcels are so small that even when they are combined,
they would not comply with any of the Villages' regulations. The
schematic drawing which was prepared by the Applicants engineer,
Ralph Mastromanaco, was done as an academic exercise to demonstrate
the hypothetical that you can have three conforming lots . In this
subdivision, there is no extra spacing to get a fourth lot out of
it so that does not appear to be a concern.
Mr. Gioffre stated that they would accept the restriction to
eliminate that possibility and stated that a flag lot means you
must have a lot that fronts on the street. They are prepared to
say that these can be subject to these restrictions. Also, if we
were to do the total parcel , on a total subdivided one shot basis,
and we had some small parcels sticking out on the academic exercise
layout, they would be proposed to be spun off, which is the same
thing we did with Dr. Valenti's property in adding to his parcel,
which added to his depth.
Mayor Cresenzi stated that his own interpretation of the mean\width
regulation was to provide for reasonably rectangular lots and he
stated that this subdivision meets that, in his opinion.
Trustee Solomon stated that he has no problem with this proposal as
he spoke with most of the residents bordering this subdivision, who
also seem to have no problem with it. It would be beneficial to
the Village.
Steven Berger of 3 Castleview Court stated that he was in favor of
this application and welcomed the addition of new neighbors in the
area. He questioned if the numbers are going to be changed.
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May 12 , 1992
Mayor Cresenzi pointed out that on May 26 , 1992 we have a public
Hearing on Local Law #2 entitled "Numbering of Properties" .
Mr. Berger stated that certain restrictions were imposed on the
builder in terms of construction when the Lutheran Church
subdivided, which worked very well and hopes that this will be the
case with the Anglican Church. He also questioned if the water
pressure will be affected and if the bus stop, which is now located
on the Church parking lot, will be moved.
Mayor Cresenzi stated that the Village will communicate the change
in the bus stop Dr. Kusal.
Mr. Berger stated that with all the construction that has gone on
in the area, Comly Avenue is a mess and in need of being repaved.
He also questioned what the existing structure will be.
Mr Gioffre stated that the existing structure will be allowed to
remain except it is proposed that the open porch would have to be
verified as to it's conformity and it will all be renovated.
Mr. Berger stated that the end of the driveway is very close to Mr.
Valentino's driveway and questioned if that was safe as they may
back into each other.
Mr. Gioffre stated that they can move the driveway over.
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Mayor Cresenzi stated that the approval resolution can be ready for
the May 26 , 1992 regular board. meeting, where we can detail all of
the requirements that we want to be written into the approval . The
resolution will be available the Friday before the meeting.
Trustee Solomon questioned if these developments will overlap as
currently there is quite a bit of development going on there now.
Mr. Gioffre stated that most of the construction is either underway
or close to being finished. There are two houses completed and one
is framed. The other area across the street is substantially
finished, so by the time approvals are given and we are ready to
proceed, it will probably be the only construction going on.
Mr. Heller stated that he is concerned about the philosophy in Rye
Brook. He stated that years ago, the Anglican Church begged for
Church space in this community. Once we lose this Church, we will
only have two Church sites on the whole of Rye Brook, The Board
has the right to designate certain areas as land for the use of the
total community. This community will only be a residential
community. We have just lost the Bowling Alley, which could have
been a center, a municipal office, or a recreation facility.
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May 12 , 1992
Mr. Heller stated that we are not planning, but caving in and
giving all of our land to the developers. With these new homes,
come more children for the schools, which will raise our taxes even
more. Is this Rye Brook Planning? He stated that a while back a
resident complained that their child had to see a casket being
taken out of the Lutheran church at a funeral . What is wrong with
people seeing what life is really like. Once again, the Board will
give in and someday there is going to be a need for another Church
and there will be no space left.
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman,
the Public Hearing was adjourned at 8 : 50 p.m. subject to an
approval resolution.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
RESOLUTIONS
2 . BUDGET MODIFICATIONS
On Motion made by Trustee Daly, seconded by Trustee Zuckerman the
following Resolution was adopted:
RESOLUTION
BUDGET MODIFICATIONS
RESOLVED, that the following budget modifications be hereby
approved:
FROM TO AMOUNT
101 . 1990 . 424 101 . 9030 . 427 $ 7 , 000
(Contingency) (Social Security)
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101 . 1990 . 424 101 . 9050 . 555 6 , 000
(Contingency) (Unemployment)
TOTAL FROM CONTINGENCY $13, 000
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004272
May 12 , 1992
Trustee Pellino questioned if this was in the current fiscal year.
Administrator Russo explained that this is in the current year and
further stated that a School Guard position was eliminated, which
threw us off.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
3 . DEDICATING THE MARSHLAND CONSERVANCY
AS PARKLAND
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
following Resolution was adopted:
RESOLUTION
DEDICATING THE MARSHLAND CONSERVANCY AS PARKLAND
WHEREAS, the Board of Trustees of the Village of Rye Brook notes
with concern that the Marshland Conservancy has never been formally
dedicated as parkland, and
WHEREAS, the Conservancy is one of the most priceless assets in the
entire County, and of particular importance to all the Sound Shore
Communities,
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Trustees of the Village of Rye Brook
urge the Westchester County Board of Legislators to proceed
promptly with the dedication of this land to ensure that it will be
protected and preserved for future generations, and be it
i FURTHER RESOLVED, that the Board of Trustees of the Village of Rye
Brook urge the governing Councils of all Cities, Towns and
Villages' along the Sound Shore to join us in this petition to the
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Westchester County Board of Legislators ,
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May 12 , 1992
Administrator Russo explained that this property is located on the
Sound in Rye City along Route #1. It should be dedicated as
parkland so as to secure it for the future.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
4. SETTING PUBLIC HEARING DATE
MERRITT & HOLBY ASSOCIATES/200 SOUTH RIDGE STREET
SECTION 11 BLOCK 22, LOT 4AA.2A2
SITE PLAN APPROVAL
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman,
the following Resolution was hereby adopted:
RESOLUTION
SETTING PUBLIC HEARING DATE
MERRITT & HOLBY ASSOCIATES/200 SOUTH RIDGE STREET
SECTION 1, BLOCK 22, LOT 4AA.2A2
SITE PLAN APPROVAL
RESOLVED, that a Public Hearing will be held by the Board of
Trustees of the Village of Rye Brook on Tuesday, May 26, 1992 at
8 : 00 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook,
NY to consider an application from Merritt & Holby Associates
regarding Site Plan Approval at the premises located at 200 South
Ridge Street and also known on the official Tax Map of the village
of Rye Brook ag Section 1, Block 22 , Lots 4aa . 2a2 .
Mayor Cresenzi asked Administrator Russo to double check the date
and time before publishing this.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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004274
May 12 , 1992
S. AWARDING CONTRACT #9201
REHABILITATION OF TENNIS COURTS
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
following Resolution was hereby adopted:
RESOLUTION
AWARDING CONTRACT #9201
REHABILITATION OF TENNIS COURTS
WHEREAS, on April 29, 1992 , the public bid opening for Contract
#9201, entitled: Rehabilitation of Tennis Courts was held at the
Village of Rye Brook Office; and
WHEREAS, two bid proposals were publicly received and opened; and
WHEREAS, the Director of Public Works has reviewed each proposal
and has recommended that this contract be awarded to E. L.Q.
Industries of Mamaroneck, NY
NOW, THEREFORE, BE IT
RESOLVED, that Contract #9201 for the rehabilitation of Tennis
Courts, be awarded to E. L.Q. Industries of Mamaroneck, NY for the
bid price of $53 , 105; and
FURTHER RESOLVED, that due to unit pricing for pavement replacement
in the contract that a maximum amount of $55, 000 be allocated from
the Village of Rye Brook Recreation Trust and Agency Account; and
FURTHER RESOLVED, that the Village Administrator is hereby
authorized to enter into agreement with E. L.Q. Industries for the
rehabilitation. of Tennis Courts at the unit prices bid.
Trustee Pellino questioned if the Village had done business with
E.L.Q. Industries in the past for this type of work.
Mr. Circosta stated that they are into resurfacing and have done
two projects for the Village in the last year.
Trustee Daly asked Administrator Russo to explain the Unit Pricing
and the $555, 000 from the Recreation Trust Fund,
Administrator Russo explained that the contract is specific with
j regard to the actual resurfacing of tennis courts and the actual
surface of the courts. Administrator Russo added that overall, our
tennis courts are not too bad. Two courts at Pine Ridge and one at
Harkness and Garibaldi are slated to be surfaced.
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004276
May 12 , 1992
Administrator Russo stated that fencing is to be replaced at two of
the courts at Pine Ridge and the courts at Harkness. The other
item, which is a general item, is pavement replacement, which are
areas that are cracked or bubbling that need to be cut out and
replaced. This item, which is #400, was estimated based on a union
cost. He added that this type of work is required every seven or
eight years.
Trustee Zuckerman stated that with the exception of item #400, all
of the items are facility specific. Trustee Zuckerman questioned
if it would be possible to note in the resolution, whether the
pavement replacement is general or miscellaneous and how it
reflects throughout the tennis courts.
Administrator Russo added the correct language to the resolution,
which clarified the request of Trustee Zuckerman.
Trustee Solomon questioned how long this rehabilitation will last,
and if there is a clause in the contract which states that the
Village has any recourse to go back to E. L. Q. Industries for
additional repairs, free of charge, if the work does not hold up as
long as it should.
Mr. Circosta stated that a major portion of this contract deals
with color coating which is done on a six or seven year cycle. At
Pine Ridge there is a court that has severe cracking and base
problems that we are resurfacing and adding two inches of asphalt.
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Administrator Russo explained that we really don't have any
recourse for free additional repairs because if we were doing a
total rehabilitation of the courts, down to the subsurface
material, then we would.
Trustee Solomop questioned if we would have recourse if they use
inferior products.
Mr. Circosta stated that the material is State Certified with
regard to asphalt.
Trustee Zuckerman questioned if we could have a five year warranty
on the resurfacing at Pine Ridge.
Attorney Beane stated that this language was not in the bid
however, we could probably get a one year warranty.
Mr. Circosta stated that based on experience with a two inch
overlayon a tennis court we will et life span of more than five
1 a if r
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years.
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004276
May 12 , 1992
Trustee Zuckerman stated that if so, we should get a warranty for
a couple of years. He questioned how much money was being spent
out of the $53 , 000 on Pine Ridge Park.
Mr. Circosta stated that the price for Pine Ridge is $18 , 690 which
includes color coating and resurfacing.
Mayor Cresenzi stated that we could get a one year warranty,
however, most people in the business would not give a warranty but
would prefer to do the whole job over.
Administrator Russo stated that these are the same contractors who
have done this work here for the past several years. Their work
has really held up well .
jTrustee Solomon asked Mr. Circosta to give a cost break down of
each court.
Mr. Circosta stated that item #100 was the $18, 690, item #200 was
$7, 875, item #300 was $2 , 625 , item #400 was $25 per yard, item
#500A was $10, 710, item 500B was $7 , 560, and item #500C was $5, 145 .
Trustee Zuckerman questioned if, in the future, we could include
guarantees of some kind in the specs.
Mr. Circosta stated that if you are asking for a performance
guarantee, it will raise the bid price. Some bidders may not bid,
because they do not know what is under the subbase.
Trustee Zuckerman stated that he is raising these questions because
there is such a large amount of money at stake.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
6. REJECTING ALL BIDS ON #9202
CLEANING OF VILLAGE OFFICE
Administrator Russo explained that after reviewing all bids with
the Village Attorney and Mr. Circosta, with regard to contract
#9202 , it is our recommendation that we reject all the bids on
Contract #9202 due to two primary reasons. we have a technical
flaw in the lowest bidder and a dissatisfaction with the service
that has been provided by the second lowest bidder. Therefore,
after consulting with the Village Attorney, it is our
recommendation to reject all of the bids on Contract #9202 at this
time.
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00427i
May 12 , 1992
Mr. Brian Harrod of Advanced Building Maintenance stated that he is
the lowest apparent qualified bidder for this contract. He then
questioned what the technical flaws were and further stated that he
has several concerns regarding this contract.
Attorney Beane stated that Section 8 of the Bid Specifications,
which are consistent with the provisions of law governing municipal
contracts and the bidding of municipal contracts in general, states
that the Village Board has the right to reject any and all
proposals where it is deemed to be in the best interest of the
Village.
Mr. Harrod stated that there was an implication that there was a
flaw in his bid packet and wanted to know what it was. He stated
that he understands that the Village Board has the right to reject
all bid packets, whether they do not like the cover, or if they are
in a bad mood, however it helps to have a reason to do so and he
also understands that when you reject and rebid it adds cost to the
Village Government. It makes people not want to bid and reduces
your bid pool .
Attorney Beane stated that Mr. Harrod is making an assumption that
may not be accurate. The Village does not have to necessarily
rebid.
I
Mr. Harrod stated that the Village could hire someone, not clean
the place or indefinitely retain the current cleaning service.
He repeated that he would like to know what the flaw that Mr. Russo
mentioned was.
Mr Circosta stated that the technical flaw that Mr. Russo mentioned
was the fact that a Bid Bond was not included with the bid proposal
at the time of filing.
Mr. Harrod stated that when he arrived to submit his bid proposal,
he had a check with him and Mr. Russo was not there. He was then
told to wait for Mr. Russo, who never showed up. Mr. Circosta then
opened the bids and at the time of the bid opening, Mr. Ciroosta
was given the bid bond, therefore there was no flaw. This was only
j a matter of 10 minutes.
i
Administrator Russo stated that we could withdraw the flaw as a
consideration for the Board.
Mr. Harrod questioned why this bid was not put on the agenda with
the tennis court bid, as they were opened up at the same time.
He stated that he felt ostracized by the Village because when the
tennis court bid was opened, he congratulated the winner and Mr.
Circosta was there congratulating people also.
14
004276'
i
May 12 , 1992
He stated that when he questioned Mr. Circosta about the awarding
of the Cleaning contract, as he was the lowest apparent responsible
legal bidder, he was told by Mr. Circosta that it had not yet been
determined and there would have to be a vote. He also stated that
when Mr. Russo was calling up his references, he was suggesting
that the type was off on his bid, there was no date on it and that
it looked like there was a paste job. He stated that he has close
contact with all of his references on a regular basis. He heard
that the Village is looking to not have him, which makes him very
upset. Apparently all of his references checked out when he spoke
to Mr. Russo, who started with the Check not being in the envelope.
Now what option do you have, questioned Mr. Harrod. By hiring a
Village employee with benefits to clean the offices would cost the
Village more money than hiring a contractor. He feels that he gave
the Village a very good price being lower than three other people.
It is a disadvantage to rebid. What will the Village do if they
rebid and the current cleaning service, which does not perform the
job, wins?
Mayor Cresenzi questioned if there is a life expectancy to the bid,
such as if the Village does not take any action, the bid dies a
normal death. By dealing with the bid issue this evening, this
sets the record straight for all the bidders.
Mr. Harrod stated that it is a tangent or a side bar.
Mayor Cresenzi stated that he does not view this as either a
tangent or a side bar, and pointed out that all the options are
open to the Village Board.
Mr. Harrod stated that he appreciated that and he wants the Village
to have the maximum flexibility, but he also wants the other
Trustees and the Mayor to be advised of the entire situation. He
also would like to know if the Board received the packet which
included the bid proposal . He put a great deal of effort into
preparing this and spent a great deal of money on this . He did not
have to include the amount of references that he did.
Mayor Cresenzi stated that he was the only Board Member who
received the packet.
Mr. Harrod stated that as a citizen, he would like to be able to
feel that if he leaves something for the Board, it would be given
to them. He wants to know why the Village is not comfortable with
his firm.
Trustee Daly stated that Mr. Harrod is just assuming that the
Village is not comfortable with his firm, this has never been
stated.
15
0042'1
May 12 , 1992
Mr. Harrod stated that he does assume this when a Village employee
calls his references, of which he is very proud, and questions his
bid proposal . His references include everyone he has ever worked
for. He stated that if you call Mayor Iasillo of Port Chester, he
will tell you that I have a beeper and respond in five minutes. He
explained that he shampoos and deodorizes the carpets, which far
exceeds the specifications of the bid proposal . He would also say
that in talking with Mr. Russo, he would be willing to submit to a
probationary period of three to six months and be willing to take
thirty days notice. It has been a point of information that the
Village got stuck with the current contractor and had no way out.
The Village Attorney said that they did not have grounds to get rid
of them even though the Village was very dissatisfied, according to
Mr. Russo. He emphasized that he feels blackballed. Mr. Harrod
stated that he is from this community and even though he had
trouble with the Town of Rye, it was not at all his fault that Mr.
Gioffre and several other Republicans chose to give the job to
someone who delivers 200-300 votes, and that person did not carry
any insurance.
Attorney Beane stated Mr. Harrod is making this personal .
Mr. Harrod stated that he has just been cut off and still has
several questions. He continued that it is not his fault that the
incident in the past occurred. He stated that the current
contractor does not perform and the Rye Brook Police Officers are
cleaning up their own Offices because the current cleaning service
is not. They are putting their own garbage out of their office
every night. Mr. Harrod questioned if the 24th Police Officer that
the Village is hiring is going to be dusting, vacuuming and mopping
floors rather than patrolling.
Mayor Cresenzi stated that Mr. Harrod was way off base.
Mr. Harrod stated that he is not off base, it is just an
observation.
Mayor Cresenzi stated that this is an editorial, not an
observation.
Mr. Harrod stated that it is viable for this information to be
heard, especially since the Board did not even receive the packets
that he went through the effort to prepare. He added that he is a
local cleaning contractor and purchases his cleaning supplies from
Feinsod, Strauss Paper, Trouble Shooter Maintenance, and his office
supplies from Port Chester Stationary, Staples and Harvey' s in Rye
and has accounts there as well . He does his banking in this area
and purchases his insurance from Martin Insurance and D. C.
Richards, which are both local . He also leases equipment from area
stores.
16
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0042 }
May 12 , 1992
i
Mr. Harrod added that when it comes to a point that he might be
able to hire someone as his business grows, it will most likely be
a local person and further stated that it confounds him that the
Village wishes to hire someone from Peekskill, who will not
purchase his supplies in this area. He stated that one of the
bidders was from White Plains . Mr. Harrod added that he supports
the library and plans to support one of the tree plantings at
Crawford Park next year. He added that he is just a guy who is
trying to make a living and he does not appreciate people trying to
take procedural rules and trying to manipulate the bid process.
Mr. Harrod stated that he pays his taxes and feels very strongly
and at this very moment is trying to control his temper. He added
that he thought that Rye Brook was formed to eliminate this type of
patronage and favoritism. He never had this type of trouble in Rye
City and went through two successful bids with them. He stated
that many of the Board members are second or third generation
people whose family struggled much like his and he does not know
why they are trying to hold someone else back. His references were
good and if there was something to be found, don't you think that
the Town of Rye would have said so. He stated that he is fully
prepared to live up to the specifications and added that since the
Board did not get the packets the first time, he has extras with
him now. He said that they are not that far off. He went on to
read a letter from the Rye Nature Center regarding his company. He
stated that he is very upset and does not understand.
Trustee Solomon stated that Mr. Harrod called all of the Board
members over the last week and brought the cleaning contracts to
their attention as up until now it has been handled by Chris and
Rocco. We all read the materials and because of the problems in
our procedures and what we expect from our cleaning people we
decided that it would be, to our advantage, to reject the bids. We
have not decided what we are going to do about cleaning our
i
offices.
Mr. Harrod stated that the specifications are adequate, the problem
the Village has had is having someone who has not been willing to
perform their specifications and have not had an ability to get rid
of the person who is underachieving. He suggests that they put a
surety bond on it. The person can't dive out of the contract
because someone has to make up the cost of the difference. Most of
them just give thirty days and if you don't do a good job, you are
out of here next month.
i
Trustee Solomon stated that we are going to reevaluate our whole
process of cleaning this Village office and what we expect from
people who come in here. If the Board decides to go to bid again,
Mr. Harrod will be invited to bid again. There is no animosity or
prejudice involved.
17
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004281
May 12, 1992
Mr. Harrod stated that he definitely got a very cold shoulder at
the Bid opening as opposed to the other contractors. He added that
Mr. Russo called the references suggesting that his papers were
forged.
i
Mayor Cresenzi stated that Mr. Harrod is making accusations that
are wrong. He has had the floor for twenty minutes.
Mr. Harrod stated that the Mayor has had the floor for a great deal
of time as well.
Mayor Cresenzi ended the discussion by saying that there is no
conspiracy and whether or not Mr. Harrod perceives so, he is wrong.
On Motion made by Trustee Zuckerman, seconded by Trustee Pellino,
the following Resolution was hereby adopted:
RESOLUTION
CONTRACT #9202
CLEANING MUNICIPAL OFFICES
WHEREAS, On April 29, 1992 , the public bid opening for Contract
#9202 , entitled Cleaning Municipal Offices, was held at the Village
of Rye Brook; and
WHEREAS, four bid proposals were received and opened; and
WHEREAS, the Village of Rye Brook Board of Trustees, reserves the
right to reject any or all proposals in accordance with Section 8
of Contract Documents ("Information for Bidders") .
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Trustees of the Village of Rye Brook,
hereby rejects all proposals submitted in conjunction with this
Contract.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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18
04282
May 12 , 1992
ITEMS FOR TUESDAY, MAY 26, 1992
PUBLIC HEARINGS
1. ADOPTION OF LOCAL LAW #1-1992 ENTITLED: A
LOCAL LAW TO PROVIDE FOR THE CODIFICATION
OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS
OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL
CODE TO BE DESIGNATED THE "CODE OF THE
VILLAGE OF RYE BROOK" .
2 . ADOPTION OF LOCAL LAW #2-1992 ENTITLED:
"NUMBERING OF BUILDINGS" .
3 . MERRITT & HOLBY ASSOCIATES
200 SOUTH RIDGE STREET
SECTION 1, BLOCK 22 , LOT 4AA. 2A2
SITE PLAN APPROVAL
RESOLUTIONS
4 . MOBIL OIL, INC.
105 SOUTH RIDGE STREET
j SECTION 1, BLOCK 23 , LOT 1A-2B, 3 & 4
SITE PLAN APPROVAL
5. APPOINTMENT TO CABLE TV COMMISSION
DISCUSSION
LOCAL LAW #3-1988
LOT COVERAGE
I
APPROVAL OF MINUTES
6 . MARCH 24 , 1992
7. APRIL 14, 1992
8 . APRIL 27, 1992
9 . APRIL 28 , 1992
19
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4 2'(D)
May 12 , 1992
Don Brown stated that he has heard some nice, fancy figures for
taking care of the tennis courts. How are the rates charged. Are
there user fees or are the taxpayers paying for the few who play
tennis.
Mayor Cresenzi stated that a person obtains a permit through the
Recreation Department to play on the courts. Some Recreation
programs and school programs are run there. The figures that were
involved in the resurfacing came out of the Recreation Trust and
Agency Account which comes from developers .
Trustee Pellino stated that resurfacing is a Capital Expense which
is chargeable to the Recreation Trust and Agency Account. The
money in that account comes from various developers who develop
property and contribute money in lieu of donating land to the
Village for Recreational purposes. The money is only used to
rehabilitate recreational facilities such as our tennis courts.
Mr. Brown questioned how much money is currently in that account.
Mayor Cresenzi stated that there is approximately $600, 000 .
Mr. Brown stated that he thought maybe we could use that money to
build a pool.
i
Trustee Zuckerman added that some of the money that is going toward
the Posillipo Center is going to be coming out of that fund also.
Mr. Brown stated that part of that money was earmarked for the
pool. Part of the money came from this when they were talking
about the pool survey. They were supposed to receive a couple
hundred thousand dollars .
i
Mayor Cresenzi stated that this Board never earmarked a dime for
that purpose.
Trustee Pellino stated what was printed in the pool proposal was
based on the assumption that no money would come out of the
Recreation Trust and Agency Account. The Pool Committee came up
with the numbers that they came up with.
Mr. Brown stated that he had thought that they came up with about
$200, 000 at one time but now he knows he is wrong. He questioned
where the $3 , 000 for the study came from.
Mayor Cresenzi stated that it came out of the Consulting Line used
to pay consultants for the Village. Traffic Studies and Planning
Studies come out of this account also.
20
II
L_
00428
May 12 , 1992
Mr. Brown stated that there is an L-shaped fence on King Street on
or 10 feet from the curb and questioned what this is all about.
Mayor Cresenzi stated that he was not familiar with this and would
check into this.
Mr. Brown stated that on King Street, the grass is growing high and
bushes are growing out to the sidewalk and you can't even walk on
the sidewalk. There is poison ivy six inches high where the trees
were cut down. Also in the area on Upper King Street where shrubs
were cut down, the grass is back up to three feet. On Dr. Gioffres
old property on Hillandale Road, the grass must be eight inches
high and King Street doesn't look much better. Part of the fence
is falling down. Hidden Falls is also not taking care of their
property on Ridge Street across from Ridge Boulevard.
Mayor Cresenzi stated that the Hidden Falls property which Mr.
Brown is speaking of may be the Village' s property.
Mr. Brown stated that many areas need to be cleaned up.
Mayor Cresenzi stated that this will all be looked into.
Al Benvenuti stated that Mr. Bruno Gioffre was present this evening
representing the applicant for the Anglican Church and will also be
j here on May 26th representing Merritt and Holby. He was here for
the Rye Ridge Medical Center. He is a Judge and on different
occasions, the Village must appear before him. Do we not have a
conflict of interest here.
Attorney Beane stated that the Ethics Code specifically permits
this. Mr. Gioffre is a Rye Town Judge, not a Rye Brook Judge.
This issue has been raised before with respect to both Judge
Gioffre and Judge Colangelo, who also, on occasion appears before
this Board and this is not a conflict of interest.
Mr. Benvenuti stated that he feels that since he has been a Judge
here, that he has never lost a case and that there is a conflict of
interest.
Attorney Beane stated that Mr. Benvenuti was incorrect in saying
that Mr. Gioffre never lost a case here. If he would like to speak
privately after this meeting, he can find out exactly which case
Mr. Gioffre did lose in this room.
21
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II
i
May 12 , 1992
Mr. Heller stated that he raised this issue a number of years ago.
The Ethics Code may allow it, but morality does not allow it. It
is a moral issue as well as an ethical issue and so far the
Gioffre's have not seen a moral issue in this community
Mr. Gioffre questioned if Mr. Heller's comment is going to be on
record and if so, please make sure that the tape is preserved.
Mayor Cresenzi stated that this is on the record and the tape will
be preserved.
Mr. Heller stated that one of the homeowners brought up that the
builders have destroyed the road on Comfy Avenue. The Board should
have those builders be responsible for fixing the roads, and not
the taxpayers. Mr. Heller stated that the planting plans on King
Street on the Lutheran Church subdivision, have not been followed.
The church should have made a commitment with the Builder to plant
trees. This is also a moral issue.
Trustee Zuckerman stated that he is also concerned with the
plantings and had discussed this earlier with the Director of
Public Works. He assured me that the plantings are required by the
resolution and included in the Resolution. Those plantings at the
St. Pauls Lutheran Church will be complied with and Trustee
Zuckerman added that it is his intention to follow this up.
Mr. Heller stated that the plantings that were agreed to by the
church were really insufficient because at that time the church was
pleading poverty and did not want to put the money into a real
sufficient number of plants.
Trustee Zuckerman stated that for the approximately 240 feet, 30
plantings are required. He added that he has no control over a
resolution dated before him.
Mr. Heller stated that the Church knew that they were going to
resell their property within days of the resolution, to Ken
Lowentheil and they made this commitment knowing that it was going
to be the builder who had to fulfill the commitment.
I
Trustee Zuckerman stated that the Village Board is concerned that
the commitments are met and that we have adequate plantings for all
of these developments.
Mr. Heller stated that Mr. Lowentheil intends to use plantings of
a poor quality.
22
004280'
I
May 12 , 1992
Trustee Pellino stated that part of the resolution also referred to
the entire construction phase of the subdivision including
utilities, road work and other site work. Access to the site, for
construction purposes, shall be strictly from King Street and was
approved by the State of New York. The Director of Public Works
has assured us that the developers are going to comply with the
plantings. We must give the developer a chance to complete the
construction as the provisions are in the resolution.
Mr. Heller stated that they did not get approval to access from
King Street.
Mr. Circosta stated that approval was given to access from King
Street for construction purposes. Also there was an approved plan,
however, Mr. Heller believes that it is insufficient and feels that
the Church, at the time of sub-dividing the property, had no
concerns.
Mayor Cresenzi stated that we will enforce what is in the
resolution. We can look into expanding the resolution, but cannot
guarantee anything.
Mr. Martinetti stated that we are getting snookered and ending up
with things that we do not expect.
Mr. Harrod added that the Board reconsider as he is one contractor
who did care enough to come here tonight and went to a great deal
of trouble to prepare a proposal for the Board in a professional
manner. He has also visited the site four times and spoke with the
Police. He stated that he is the type of guy, that if you call him
at 4 : 00 in the morning to mop up a leak, he will be there and if
you review his references, you will find out.
Trustee Solomon stated that in reference to road side cleanup,
there is a section along Knollwood Drive that should be looked
into. He questioned if there was anything new on Northeast
Networks.
Attorney Beane replied that in the mail today, he received the
final version of the contract to be approved by the City of White
Plains. He will give Administrator Russo the contract so that the
Board can review it.
Trustee Solomon questioned if we have been in contact with Mr. Lord
on the Loch Lane issue.
Mr. Circosta stated that a letter went out and he has not yet heard
from him.
I
23
004?8.r
May 12 , 1992
Trustee Solomon questioned if the streetlighting on Ridge Street
was complete.
Mr. Circosta stated that some of the old fixtures need to be
removed and some need to be energized by. Con Edison, however they
are all up.
Trustee Solomon questioned if we have a standing from the
Certiorari Committee. Have they met again and are we moving
forward?
Attorney Beane stated that he has had no contact with them.
Trustee Solomon questioned if we reached a determination on the
sidewalks and the road resurfacing. Who is paying for sidewalks
and is it coming out of the bonding for the road resurfacing or are
the residents going to be paying for it.
Mayor Cresenzi stated that we have not yet resolved that issue.
During the budget period we mentioned that if the Village were to
pay for this, the money would come out of the road resurfacing
contract.
Trustee Zuckerman questioned the Mercury clean up on Hillandale
Road, with Mr. Barbera. There was an article in the newspaper
today. Have we received any formal update from the County EPA
regarding what they are doing.
Administrator Russo stated that they said that they would put
together an update, but they have to go through their channels
before they can release anything in writing. He has not received
anything yet.
Trustee Zuckerman stated that we should not have to rely on the
newspapers to get our information. Why does the newspaper know
before the Village. We must pressure them more.
Trustee Zuckerman added that the form of communication that we are
receiving from the Planning Board is not very good. We should make
a formal resolution as to the kind of communication that they
should forward to us when approving, disapproving or recommending
anything coming out of the Planning Board. We need to know why
their decisions were pro and con. To figure out what is going on,
we must read the minutes of the Planning Board, reviewing whatever
they have done in the past. There is no single piece of paper that
says exactly what they have done. This is an important matter and
with developments coming up, we need more documentation from them
so that we can review the materials appropriately without having to
reinvent the wheel every time a matter comes before us.
it24
i
X04288
May 12 , 1992
Trustee Pellino stated that he agreed with Trustee Zuckerman, and
perhaps we could have a draft resolution ready for the next meeting
and discuss this further.
Mayor Cresenzi stated that first we would need to develop something
along the lines of a punchlist, or a generic list of things to deal
with. Screening, , trees, traffic, water retention. Something to
assure us that all of these items were discussed and dealt with.
Basically, they should review their minutes, and develop a short
form for the Board.
Trustee Pellino added that if the Village Attorney or Village
Administrator need any assistance in doing so, he is available to
help.
Trustee Solomon questioned with the impending water rate increase,
is there any update on the water district and where we are with New
York American Water Company.
Administrator Russo stated that we are in the process of filing for
it.
Mr. Brown questioned the water retention pipes that they installed
for the new houses near Castleview Court. He asked what the
condition was on the corner of Comly Avenue following the last few
storms that we had.
Mayor Cresenzi stated that he did not go out in the last rainstorm
to Comly Avenue and King Street, and does not have this
information.
Mr. Brown stated that he would check the area the next time it
rains.
Mr. Heller stated that in reference to the punch list from the
Planning Board, when the houses on Comly Avenue were built, the
only discussion of the Planning Board, were lot lines. There was
no discussion of water retention or landscaping.
Mayor Cresenzi stated that the approval resolution will be at the
next meeting and between now and then, the Board will review all of
the documents that are available to us regarding water retention,
etc. Thomas Gissen, the Village of Rye Brook Planning Consultant,
will review the documents also and give the Board a recommendation.
Mr. Heller stated that this information should be reviewed and
discussed publicly at the Planning Board Meeting. If their minutes
are reviewed, it will show that there was no public discussion or
input from the Planning Board.
25
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004 8J
'��if d 6.
May 12 , 1992
Don Brown stated that a drain was hooked up to the State storm
sewers on King Street up near Magnolia Drive where there were
wetlands in the back of the Church property. He inquired if a
permit was ever issued for this work.
Mr. Circosta stated that he would look into this.
ADJOURNMENT
On Motion duly made and seconded, the Meeting was adjourned at
10: 00 P.M.
Respectfully submitted,
Elizi- eth CzajkW�ki
Secretary to the Village Board
26
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