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HomeMy WebLinkAbout1993-06-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JUNE 22 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. ' DONALD L. MESSINA & PAUL MESSINA 808 KING STREET SECTION 1, BLOCK 7, LOTS 3134, 3135, 3C4 & 3C5 APPROVAL OF SUBDIVISION RESOLUTIONS 2. APPROVING DONATIONS TO THE ANTHONY 1. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 3. APPROPRIATION OF FUNDS ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION 4. REFERRAL TO THE PLANNING BOARD H. LOEWENTHEIL INC. 6HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 LOT COUNT 5. REFERRAL TO THE PLANNING BOARD MOBIL OIL 101 SOUTH RIDGE STREET REQUEST FOR SIGNAGE 6. AWARDING CONTRACT #9306 RYE HILLS DRAINAGE IMPROVEMENTS 7. BROOK II VENTURES APPROVAL OF BOND REDUCTION SECTION 1, BLOCK 5, LOTS 19F, 19ED, 2A, 19D-1 & 19E-3 8. SETTING PUBLIC HEARING DATE PROPOSED LOCAL LAW #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING COMPREHENSIVE SIGN REGULATIONS 9. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH THE STATE EDUCATION DEPARTMENT TO ACCEPT GRANT AWARD FROM THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND 10. CORRECTION OF CLERICAL ERROR/1993 TAX ROLL PROPERTY OF SAMUEL WINSTON 4 WHIPPOORWILL ROAD, RYE BROOK SECTION 1, BLOCK 5, LOT C18 11. APPOINTMENT OF OFFICE ASSISTANT RECREATION DEPARTMENT 12. ESTABLISHING A SUMMER MEETING SCHEDULE VILLAGE OF RYE BROOK BOARD OF TRUSTEES 13. ENTERING INTO AGREEMENT WITH ALBERT MOORE AND ASSOCIATES FOR ADDITIONAL PROFESSIONAL SERVICES RELATED TO THE CONSTRUCTION PHASE OF THE ANTHONY J. POSILLIPO COMMUNITY CENTER 14. AUTHORIZING BOND ANTICIPATION NOTE PAYMENT FOR DUMP TRUCK 15. CHECK REGISTER APPROVAL OF MINUTES 16. APRIL 13, 1993 17. APRIL 27, 1993 WRITTEN COMMUNICATION 18. MICHAEL I. STOLZAR AMERICAN RED CROSS - WESTCHESTER COUNTY CHAPTER RE: TURKEY TROT 004,90 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JUNE 22, 1993 CONVENE MEETING The Meeting was called to order at 8:17 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 Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Joseph Cortese; Village Treasurer Elizabeth Bottali, Secretary to Village Board Thomas Gissen, Frederick P. Clark Associates 00480 June 22, 1993 Mayor Cresenzi called the meeting to order and stated that Item #4 entitled: "Referral to the Planning Board re: H. Loewentheil Inc.," would be tabled pending a joint meeting between the Village Board, Planning Board and the Developer. PUBLIC HEARING 1. DONALD L. MESSINA & PAUL MESSINA 808 KING STREET SECTION 1, BLOCK 7, LOTS 3B49 3B59 3C4 & 3C5 APPROVAL OF SUBDIVISION Mayor Cresenzi convened the public hearing at 8:17 p.m. Milton Berner, ESQ., attorney for the applicant submitted to the Clerk, the affidavit of mailing for those 500 feet from the property line along with the return receipts from the Post Office. Mr. Berner asked the Board to approve a 4.86 acre subdivision. Mr. Berner stated that he has known and represented the Messina family for many years and explained that in the early 1960's Augustine Messina, who was a very well respected baker in this community, bought this property on which there was a manor house. That house still exists. In the 1970's Mr. Messina died, but prior to his death, one of his sons, Donald Messina built a house on the property closest to King Street. There was no subdivision at the time. Some time in the early 1980's, Mrs. Messina gifted the property to her twin sons, who are both here tonight. At that time, it was their intention to subdivide the property into what we thought would be nine lots. In 1987 we came before the Village Board and made an application for a seven lot subdivision plus the one house that existed, so it was in fact an eight lot subdivision. Time went on and you all know what happened to the real estate market. Financing was difficult to obtain and as a result, that file went into a hold file in my office and stayed there until 1989. In 1989, the economy started to show some prospects of getting better so we came back to the Village Board and they referred this application to the Planning Board for their review and recommendations. All of these lots are oversized for the district in which they are located. This property is in R-15 zone, 15,000 square feet per dwelling, and R-20 zone, 20,000 square feet per dwelling. When you go to lot number two, it is 20,250 square feet, so the lots are larger. The rear lot which backs up to Hillandale Road, is 26,411.5 square feet and I personally did an inspection of the Hillandale lots backing up to it and they are only a couple thousand square feet larger. The largest lot has the area, but does not have the frontage. It is 27,257 square feet which comes out to 12%. The Planning Board worked with us for months and we configured and reconfigured these lots each time we met with them. When we got to lot number 7, which is 27,257, the code requires that you have a 150 foot depth but the unfortunate thing was that we had a little less than 134 feet. After deliberations with the Planning Board, they informed us that if we wanted to get this approved by the Village Board, we would need to appear before the Zoning Board of Appeals and ask for some relief with respect to the depth issue on the lot. All that was needed was 20,000 square feet and they had 27,000 square feet. 2 004803 June 22, 1993 Mr. Berner explained that after that, everyone in the required distance was notified and they appeared before the Zoning Board of Appeals, and received the variance. After that was done, the Planning Board determined that they didn't have the jurisdiction within their board to waive the distance from the culdesac to the property line and they told us that only the Village Board has that right. We are now before the Village Board because the Village Board hopefully has the jurisdiction for approval or disapproval. If you look at the map, you will find that there is a 16 foot easement that runs through Hillandale Avenue onto the property owned by the Messina's. That did not happen by accident. When Mr. Messina purchased that property, it was in the deed because at that time, there was one manor house and he put in a road coining from King Street. When we appeared before the Planning Board, two of the neighbors, came to see the drawings and asked to be sure that they were going to be protected from traffic coming in and out of Hillandale Road. I was asked as the attorney for the Messina's if I would extinguish or abandon that easement so that it would be settled once and for all. I might say that this was an opportunity for these people to try and purchase that easement from us and I have correspondence dated back as far as the 1990's when Mr. & Mrs. Watson purchased their property. We received assurance from the Planning Board that if this was approved with the condition that the Zoning entrance is from King Street and in that case there would be no traffic coming in from Hillandale Road. In the last couple of days there have been some letters circulated criticizing this project and I hope that I have allayed some of your fears. The residents have the rights to be here and protest, but the developer has the right to develop his property. A while back, he and Mr. Rotfeld were invited to visit the home of Viola Nelson on Loch Lane when it rained hard. We were contemplating doing our subdivision and we were trying to look at it objectively and to see what could be done if anything. When we retained the services of Dolph Rotfeld, he looked at the Messina property to see what kind of drainage we could expect to have and how we could do it. Mr. Rotfeld has been working in the County of Westchester for more years than I can remember. He has worked with the Town of Rye and knows this property and the area intimately. We will be containing our own water, but if this is an attempt to cure the problem at Loch Lane, we want to be good neighbors and cooperate, but we don't want to pay for all of the drainage problems that have accumulated over the years and be taken advantage of. In conclusion, Mr. Berner stated that he entertained Mr. & Mrs. Watson in his offices and they sat and spoke about this project and gave the Watson's every assurance that we would work with the residents in the area. Two days later, there was circulated a four page document which I respectfully say is inaccurate and not based in fact. Mr. Berner thanked the Board for hearing him this evening and introduced Mr. Dolph Rotfeld, of Dolph Rotfeld Engineering. Mr. Rotfeld stated that the subdivision that we are speaking of is shown as the residential subdivision in two particular zones. Sewer and Water are all going to be public utilities and will be approved by the County Health Department, the water comes from New York-American Water and the existing house is connected and the other houses will be connected. For the most part, the houses as shown on the grading plan are as close to the street as possible on the northerly side, with the exception of the culdesac lots. 3 00, 4904 June 22, 1993 Mr. Rotfeld stated that the drainage system was submitted to the Planning Board and will be required to have a storm water retention facility with a six foot diameter pipe 118 feet long that would release in a catch basin on the south side of the street to the rear of the lot of the existing house and then through an easement connecting to an existing drainline which carries the brook that runs behind the houses on King Street and it starts up in the vicinity of Hillandale Road. The stormwater then runs through a drainpipe and it comes out into an open brook between the Lord Property and the Nelson Property and her neighbors. It then runs down along going through a partially closed system into a little pond further down Loch Lane and then under Beechwood Circle. Part of the brook is closed by the pipe. This particular project when completed as a point of discharge, will not discharge any more water than presently runs off the property. The grading and the erosion control as shown on the plan shows some trees that will unfortunately need to be removed because of the location of the road and the houses. A tree preservation plan will be presented to the Planning Board. David Watson, of 20 Hillandale Road stated that his home is located on the Western side of this property and occupies the whole western side of the proposed subdivision. Mr. Watson stated that he is not attempting to ask that the Village not permit any subdivision of this property, only that in approving this subdivision, the Village take every reasonable step to preserve the character of the area in which we live. The people present this evening are from various areas in the neighborhood, not only from Hillandale Road, which indicates that this is a neighborhood that stretches from the Hillandale triangle all the way through Rich Manor Park. This is not the same thing as Magnolia Drive or Tower Hill, this street goes straight into the heart of that area. Those houses are going to be part of our contiguous neighborhood therefore, the density issue is a big one. The number of lots is a key matter for the Board to consider. Mr. Watson apologized for any inaccuracies in the information that he distributed this evening, as he did ask an employee of the Village if he could see the plans and lie was told that he could only see them in response to a Freedom of Information Request. Regarding the easement, the previous owners from whom we bought our property did offer to purchase that easement in the Spring of 1990 but they were turned down. It is a major concern to us that some form of permanent action be taken to prevent the creation of a long and narrow road serving not just the two houses it now serves, but however many houses they decide upon. The variance on the extra lot is a small matter of 18 feet in average minimum depth. The decision on that, the choice to build eight lots rather than seven, is a matter of a 12 or 13% increase in density, so it is not a matter of the exact dimension, it is just a matter that we feel that perhaps a waiver was not something that we would like to see approved at this final stage. I can't speak for everyone, but I think that many people saw this as a purely technical concern and didn't feel that they had anything to say to the Zoning Board of Appeals, but they are here tonight. Mr. Watson added that a Tree Preservation Plan would be very well received by those of us who look out onto that property and provides a little bit of a refuge from the noise of King Street. One of the concerns that we have about a number of lots is the amount of flexibility that the developers will have in placing the footprint of those houses in terms of preserving trees and protecting them during construction. 4 004505 June 22, 1993 Mr. Watson added that he felt that the hours of construction work that will be permitted on the site should be limited to weekday business hours construction since you are adjacent to •a residential area with a fairly substantial number of buildings going up. Perhaps this could be made part of any approval for the hours of work that will be undertaken on the site. We respect the long history of this project, but we do feel that it is important for us to stand up and express these concerns as residents in the area to protect the quality of our neighborhood. Mr. Rotfeld stated that if the neighborhood is to be considered the neighborhood including the notification circle for 16% density might be for a subdivision but it is less than 2% of the neighborhood. Edison Azehna an eight year resident of 7 Loch Lane stated that they have many water and drainage problems with each new development and if this development is allowed, his house will be floating. Mr. Rotfeld explained that the problem that the Azenha's have with their swimming pool is not really affected by what happens here. Mrs. Azenha stated that every time the Village has a new development, they say it is not their problem, it is the homeowner's problem. Mr. Rotfeld stated that in the early 1970's a study was done for the Town of Rye in order to do a series of improvements. We tried to get EPA money to improve the drainage behind Loch Lane over 15 years ago, so this problem did not just start now. The Azenha's property had problems because of the brook that runs in the back of their property, because of what is happening on the Lord property the brook will, at times overflow it's bank and come down. Secondly, all properties, the first four properties down from King Street in the middle, almost half way in the property between the house and the rear line is lower than either point. The drainage from the roof of the Azenha's own property and driveway run to the back where there is no drainage and it is a low point. The water is going to be there whether this project is built or is not built. Dr. Raymond Griffin of 816 King Street stated that when the Village was formed, he voted for it and felt that the members of this Board had similar viewpoints about how government should be in the community, and added that he voted for all of the Board Members. It is a tragedy about what has already happened on Hillandale Road and I appreciate the efforts the Village has made in trying to clean it up. Earlier Mr. Berner referred to this as a development that the County Planning Board and our Planning Board feels is good for the area, but I don't know how much consideration was given to building only two or three houses in that area. This is really overdevelopment in our area and I am asking the Board, as our "Guardians", to look very closely at how this affects the character of the neighborhood. He added that Hillandale is not the only neighborhood, as King Street is very much a part of the Hillandale neighborhood. The Messina property which is a vacant parcel now with the boulders in front of it, having eight homes in that one small section, I feel that it would be cluster zoning and would significantly change the character of our neighborhood. 5 004,306 June 22, 1993 Dr. Griffin added that areas that are overdeveloped decrease property value. Mr. Berner made reference earlier that this was a gift to the Messina's, they did not pay for this property, it was given to them by relatives, so this is clearly for monetary value, not that he is trying to improve his neighborhood. There isn't going to be a monetary loss because of what they projected to get from investment they made, but rather less profit. Mayor Cresenzi stated that the Zoning Code as it is currently written as far as the amount of square footage that is required in lots, has not been changed, it was originally adopted by the Town of Rye in 1954 and our largest zone is an R-20 Zone, which is just a bit under a 1/2 acre. That is what the majority of those lots would be, which would be a 20,000 foot requirement which Mr. Berner pointed out earlier. Dr. Griffin stated that the property certainly meets the letter of the law, but not the spirit of the law that applies to our neighborhood. Since this is basically cluster zoning the way it is being developed, that is different than the single family dwellings that we have in our area. Mayor Cresenzi stated that the Village follows the rules and regulations of the existing code and at times, if a lot is conforming, it conforms to the area and the other guidelines that say that it is an adequate lot to build on, then a developer has a right to build and develop on that lot. Now if it doesn't meet the requirements if a lot doesn't conform for certain reasons, then obviously, it is not a buildable lot. Dr. Griffin questioned if it was correct to say that the only lot that the Board has a right to object to is the first lot on King Street opposite the existing house, lot V. Mayor Cresenzi stated that lot M7 was deficient in depth and they appeared before the Zoning Board of Appeals and were granted a variance for that. The Zoning Board is a quasi-judicial Board and the Village Board does not have the authority to overturn or alter their decision in any way, so the Zoning Board of Appeals, by granting that variance, basically created a legal lot. Dr. Griffin questioned if the drainage meets the specifications, and if the appropriate trees are saved then this project as it stands, except for the one variance on lot H7 must this project be approved by the Board. Mayor Cresenzi stated that this Board has a right to deny anything that it sees fit to deny. Dr. Griffin questioned if character of the neighborhood was a defendable item for a Board. Attorney Powell replied that there would have to be a very strong case and it would depend how extreme the change would be. 6 004907 June 22, 1993 Dr. Griffin stated that he is disturbed because he just received his first notification about a hearing this past week and has discovered the notification requirement for the Zoning Board is 200 feet. My property is only three lots down from the property in question, and I was not including during the zoning process and he would have preferred to discuss this with Zoning and Planning and now we really don't have any opportunity to alter the outcome. He added that he would ask that for the future the Board look at altering the law so that a greater area is taken into consideration. Mayor Cresenzi stated that we currently have a conflict in our Zoning Code regarding notification of a public hearing, which is 500 feet and that was used to notify for this public hearing, so we will probably have to go back and modify the existing zoning law to change the 200-to 500. Mayor Cresenzi added that the agenda of the Planning Board Meetings are on cable and there is also notification in the newspapers as well. The Zoning Board of Appeals cannot be overruled by the Village Board and the Planning Board is strictly an advisory Board to the Village Board and does not have any approval authority. We have their memo, Frederick P. Clark's memo and the resident's input to work with. Trustee Zuckerman stated we will all vote to have what is best for the Village and just because it has gone through the Planning Board or the Zoning Board of Appeals, doesn't mean it must be approved by the Village Board in the same manner. Trustee Daly questioned if the size of the culdesac turn around meets the requirements of our emergency vehicles? Mr. Rotfeld explained that according to the plan, the culdesac is 1.50 feet from the property line and the culdesac pavement has a 95 foot diameter and the road is 28. Trustee Daly asked Mr. Rotfeld to point out on the map where the easement is. Mr. Rotfeld referred to the map and explained that there would be a 16 foot right of way. Mr. Berner added that they would be demolishing the manor house, therefore only seven houses are highlighted on the plans. There is a right of way that goes out to Hillandale Road between two properties and explained that the right of way is not paved and this was included into the resolution by Tom Gissen and the Planning Board and is to mentioned in perpetuity that it cannot be used. Mr. Rotfeld added with regard to the drainage issue on Loch Lane, when the presentation was made a year and a half ago, there were four options and the possibility of creating a drainage benefit area that would bond the improvements and so on. You again have this option, if the residents want to go in it but now there would be twice as many people and the cost would be half as much as the developer is offering that the new homes be included in the drainage district if there is to be one made. 7 004908 June 22, 1993 Trustee Pellino questioned the creation of a Tree Preservation Plan and stated that a number of trees are marked on the map for preservation, and would like to know if we could have a full Tree Preservation Plan prior to voting on a resolution of approval. Mr. Berner stated that a Tree Preservation Plan will be provided before the next meeting, however we do have a plan with trees on it that was submitted to the Planning Board. Trustee Pellino suggested that we retain the Village's Environmental Consultant, Steve Yarabek, to work with Mr. Benner, or his designee in preparing that plan so that hopefully it will speed things along and provide a direction for Mr. Berner in terms of the Village's concerns about the trees. Trustee Zuckerman questioned what the status of SEQRA procedures with regard to this application. Mr. Gissen explained that the applicant submitted a long Environmental Assessment form as part of their application and there has been no action taken. Prior to your taking action you would need either a Negative Declaration or a Positive Declaration. Our recommendation, aside from the drainage issue, would be to look at the recommendations from both our office and the Planning Board and look at the body of information that you have before you and see whether any of the identified areas on the Environmental Assessment form would trigger any significant environmental impact. Trustee Zuckerman stated a project of this size may probably trigger such a positive declaration especially with regard to the drainage problem, with all due respect to Mr. Rotfeld who has worked for the Village in the past, but in this particular case, lie represents the developer and I personally find it difficult to believe that the water run off would not have a significant impact on the Loch Lane properties. He questioned if any study has been done to determine whether or not there is Mercury contamination on the Messina Property. Mr. Watson stated that his property has been largely effected. Mr. Berner stated that as per Margaret Chong, from the Environmental Protection Agency, the Messina property is 100% clean and if the Board would prefer, we will obtain a letter from them stating this. Madeline Rand, a resident of 30 Hillandale Road stated that to her knowledge, no one has yet to receive any type of information stating where the mercury has finally ended and for this reason there are many doubtful premonitions that we have. Until we get a letter or explanation from the EPA, we are still going to wonder what happened to it and we will also wonder about the 10% that remains in the soil. The letter that we received stated that in the next two weeks the surface mercury would clean up, what does this mean?, Mrs. Rand asked. The Board must follow up on this and find out what they mean by this and whether or not the contamination ended at the brook or went down through the path to the brook at Rock Ridge and Acker Drive. 8 004M June 22, 1993 Mrs. Rand added that it is imperative that we extinguish that easement business. It is also imperative that the neighbors on Loch Lane know the status of their drainage problem and when Mrs. Azenha speaks about the problem with her pool which is surrounded by greater flooding this is true and that should be looked into as well. The problem of tree preservation is major as one of the reasons people move into that area because it is so beautiful and there is a quality of life in what people call that Hillandale/Loch Lane area. We know that there are zoning rules which state how this property can proportioned, but it is incumbent upon a Board to be skeptical to the following fact that we have a quality of life and character of the area to maintain and to consider. We are talking about real estate and also the beauty of where we live. No one is going to deny the development of the area, but if there is a way to consider decreasing the number of those houses from seven to five, that is a major concern. Trustee Pellino stated that at the recent Memorial Day Parade, Trustee Zuckerman and he both approached Nita Lowey on the subject of the Villages' lack of receipt of information from the Environmental Protection Agency. We received assurances from Ms. Lowey that her aides would look into it for us and she would do what she could. Last week Trustee Solomon spoke at a Rye Town speak out session and Nita Lowey sent a representative to that meeting and Trustee Solomon reiterated the Villages' concerns. As of this date, all we have received, is a fact sheet dated June 1993 which consists of two pieces of paper which tells us next to nothing. We are going to continue to exert every pressure we can to get the Federal Government to respond. With regard to Loch Lane, I would like to suggest to the Mayor and my fellow Board members that we try to schedule a meeting with the Loch Lane residents within the next few weeks in an effort to revisit the issue of the alternatives that were prepared by Mr. Rotfeld and perhaps discussing a resolution of the matter. Mayor Cresenzi stated that he is going to recommend to the Village Board that we hire our own environmental consultant to go in and test the property of private residences so we all will know through our own investigation what the status of the area is, because to be honest with you, I don't trust the EPA anymore. Trustee Zuckerman stated that in reference to Margaret Chong stating that the Messina Property is clean, we don't know how much we can believe from the EPA. Mr. Berner stated that he does not mean any disrespect to anyone here this evening, however this is an application for an approval of subdivision and we are sympathetic of the drainage problems and the mercury problems but we stand on our own and we stand here with certain rights. It seems to me that we are dealing with political and collateral issues and I would respectfully ask this board to go through the merits of our subdivision and see if we can cure some of the other problems, but not to see our subdivision as the cure all for all of the ills of the residents. Trustee Daly stated that what the residents are trying to say is that the zoning districts were set a long time ago, and their properties are much larger than the set zoning districts and they are asking that we look at the nature of what is around this development in making our decision. 9 004` o June 22, 1993 Trustee Solomon added that this Board takes great pride in trying to help the residents maintain their quality of life. Trustee Zuckerman stated that there was a question of piecemeal development and having read all of the Planning Board Minutes, questions are raised about paper roads that could have helped in planning for the entire area and while I recognize that the individual owner of this property is concerned only with his property the board has to be concerned with the development of the entire area as well as development in the Village as a whole. No residents attended the Zoning Board of Appeals meeting and I read the minutes of the meeting and I also know that the variance was granted with virtually no discussion and independent thought on the part of the Zoning Board because a letter was apparently transmitted from the Planning Board and that was apparently the basis of the decision of the Zoning Board. This leads to a question of whether or not the Zoning Board simply passed on the Planning Board's views, when it is an independent quasi judicial body. I realize it is probably too late for this subdivision to do anything about that, but it is my duty as a Trustee to mention these concerns. I am also not happy that we have a large area adjacent to the Messina property that is also ripe for development and that we will at some point be receiving a plan for a similar subdivision that will similarly affect the residents of Loch Lane and those homes on Hillandale that back up the Messina property. Mayor Cresenzi questioned if Trustee Zuckerman had any alternatives or proposals that he would like to see included so we can discuss them at the next meeting. Trustee Zuckerman stated that when development is proposed for a large area, and the size of the area would have to be determined, that consultations be undertaken with adjacent property owners to see if a joint plan can be developed for future consideration. Mr. Rotfeld stated that he recommended to the Planning Board to build this 50 foot right of way in a southerly direction to that property line and then this lot would conform and would not require the zoning variance. They asked me to look into the situation as to whether or not the road could be eventually brought through onto King Street so you would have a U-Shaped road and they also stated that it could not be done because of the existing houses. If you prefer, we will give you that 50 foot easement from the culdesac to that property line. Trustee Zuckerman questioned if any discussions have ever been undertaken with that property owner. Mr. Rotfeld replied no because at the time it was thought that if the code came through it would wipe out a house. I will gladly amend the subdivision map and give the Village of Rye Brook a 50 foot right of way to that property line. Mr. Heller stated that something should be done about the building construction hours as you continuously have people working early on Saturdays and Sundays. When you call the Police, they stop working and then the Police come, they see that nobody is working, leave and then the construction begins again. 10 0049 t i June 22, 1993 Mayor Cresenzi stated that earlier Mr. Watson raised a valid point and stated that the construction should be limited to normal working hours between nine and five. Our current noise law which governs this area would allow from 8:00 a.m. to 10:00 p.m. That governs not only developments but individual homeowners. When the law was passed, the guidelines were originally written that if you are going to work on a garage that you owned and you were going to be doing it at night, because you worked during the day, you would have the right to do that. We are looking to alter the law regarding a new subdivision and will have an answer prior to the next Board Meeting. Viola Nelson, a resident of Loch Lane stated that she finds herself in a very difficult position this evening, adding that she would like to be kept informed and would hope that she would always be knowledgeable as to what is going on. She added that she does not know what is going on here tonight, because this is the first she heard about the Messina Subdivision. She would have liked to have had the opportunity to walk the property to see what he has there in the way of seven houses. She added that she could understand how the Messina family feels, as they have inherited their property, we didn't inherit our property on Loch Lane, we purchased it and I am not asking anybody else to pay my taxes, however having watched the construction of the Hillandale Hilton which has just been completed. With all respect to the Board members, I have seen trees come down, and have seen work going on at 9:00 or 10:00 at night and the workers were loud and used foul language. She added, that she brought this up at the November meeting but has yet to hear anything from the Board about controlling the noise. She added that she has never asked any developer to pay the cost of drainage problems on her land. She asked Mr. Rotfeld to point out on the map where the water is going to go and how it is going to come down to her place. Mr. Rotfeld explained that currently, the water runs down the brook that runs parallel to King Street into the pipe approximately ten feet north of where the new main is going to be and it runs through a thirty inch drain out of the property and then it travels along King Street just past Magnolia Drive where the Lords property is and then it goes through Lord's property down to the fourth house on the left on Loch Lane and runs down along through a pond in back of the Phillips property and into a pipe. Mrs. Nelson stated that a while back, the homeowners in the area were asked to chip in 10,000 dollars each, which is unfair, and inequitable to ask us to pay for something that we have not created. Li addition, Bob Lord was supposed to be clearing up his property, and he has done nothing. I would not want to stop Mr. Messina from selling his property, but as a Doctor will tell you, everything in moderation, so give us a break, the number of houses should be thought over more carefully. Mayor Cresenzi stated that at the meeting regarding the special taxing district regarding the drainage in the Loch Lane area, he wanted to clarify that there was going to be a pay back over ten years, so it wasn't that each homeowner was required to pay the fee all at one time, the Village was going to fund the money and then there was going to be a payback over a period of time. We also stated at that meeting, that when the Messina subdivision was approved, we would try to get them to participate in that taxing district. 11 004912 June 22, 1993 Mrs. Nelson stated that an important issue is the Bob Lord property. This morning there was a truck there at 7:30 a.m., I don't know what he was doing, maybe he was clamming, but I really don't know. You say that the money will be paid back in ten years, I am 68 years old and could kick the bucket tomorrow. Mrs. Nelson stated that modular homes were parked on the Messina property for three days and she called Trustee Solomon and the Police Department. She wants an assurance that if there is any vote on this, there isn't going to be any retaliation. Mayor Cresenzi questioned who that comment about retaliation was directed at. Mrs. Nelson stated that she was not accusing the Village Board of retaliating. She added that she hoped that the Board would take up Trustee Pellino's suggestion to set up a meeting regarding the Loch Lane drainage. Trustee Solomon questioned if Mr. Lord was directed to clean up his property. Mr. Circosta explained that he met with Mr. Lord about two weeks ago in the Village Office about cleaning all of the dead wood that is in the stream area after meeting with Mrs. Ule and seeing all the water in her backyard and some of the trees that were down and going across the stream. He was instructed to clean up the wood. Trustee Solomon questioned why he wasn't instructed to do this earlier. Mr. Circosta stated that there was a discussion about who's property the stream was actually on, as it is not solely on Mr. Lord's property but is on adjoining properties as well. He was willing to clean up his area if a letter from our department went out to all the adjacent property owners instructing them to clean up the portion of their stream. Mrs. Azenha stated that Mr. Lord's surveyor's trampled the existing rose bushes and put them into the stream and it is full of mosquitos, because the water is not going down. Trustee Daly stated that this is an important issue that we are discussing but it is a separate issue and we are getting a little off the topic, which is the Messina subdivision. She added that she agreed with Trustee Pellino that we should have a meeting on this. Mark Harmon, a resident of 16 Hillandale Road stated that if the Messina's didn't need some exceptions from the Board to get this approved, they wouldn't be here in regard to the idea that whether it is 150 foot line on the culdesac. You can't change the zoning requirements, but it doesn't mean that it isn't fair to request a quid pro quo from the developer if they need something from you, and they do. They are asking you for something, so it isn't unfair for you to ask them for something for maybe something more than they have an obligation to give. The only other comment I want to make goes to this notification requirement of 200 feet and what if people were before the Zoning Board of Appeals to discuss the question of the other exception, because every time we make an exception to the zoning law, whether it is 2% or 5%, we need that much more to enforce the laws and to the rights of the people to count on those zoning laws as the means of assuring their quality of life. 12 0 49.13 June 22, 1993 Mr. Harmon added that given the R-20 character of that area, maybe 200 feet doesn't go far enough in giving enough of the concerned homeowners the right to go before the Zoning Board of Appeals and raise the concerns and while we all have faith in the members of the Zoning Board of Appeals and the Village Board Members to ask the searing questions and to raise the issues, sometimes it is helpful to you to have our input, which is why we have public hearings and perhaps if more people received notice and were made aware, not by fortunately turning to channel 35 or 36 and seeing that it is coming up, but by getting notice, more people would be heard. It may take a little longer, but maybe we would get to ask some of the questions that should be asked so that we make sure that all the issues were addressed and that we don't just grant the 2 or 5 or 10% variances or exceptions to the requirements and see developments done piecemeal when we know, as in this case, that there will be properties up and down the line in addition to this one that will come before some future Board. Mayor Cresenzi stated that one of the requests tonight is the waiving of the 150 requirement on the culdesac and he questioned if the plans were redrawn to show the easement going through to the property line for future use with the surrounding property, how would that affect the request for the waiver or easement. Mr. Gissen stated that he did not think it would be affected because the culdesac, whether it be temporary or permanent and at this time, if you wanted to, you could waive the culdesac requirement as well because that is the turn around area and not in the subdivision regulations and the Board has control over those, unlike the zoning regulations which apply to variances. The short answer is it would still be advisable to have a culdesac turn around area until such time that the through road could be installed. If you were to go that route, you would also need to have a condition in the resolution that the larger turn around area would be returned back into a lawn area. For now you would still require the culdesac area and presumably it would still be in the same location even if you have a 50 foot right of way that could be improved if and when the abutting property is ever developed, so you would temporarily still need the waiver as a requirement. Mayor Cresenzi asked Mr. Gissen, as a Planner, what his position would be on taking that 50 foot dedication as discussed by the Village Board. Mr. Gissen stated that it would be very well advisable because it can't hurt you now or in the future. Mayor Cresenzi agreed that it would make good sense to take it and asked Mr. Rotfeld to make that modification as requested by the Village Board. Mrs. Messina, of 808 King Street stated that Mr. Berner stated that the property in question was gifted to the two brothers. She would like to clarify that the property was purchased by her father in law in 1963 and his dream was to develop it, but unfortunately it was not realized and the property went to his wife. My mother-in-law is 86 years old and eventually when she dies, it would have gone to the two brothers. 13 00491.4 June 22, 1993 Mrs. Messina added that her Mother-in-law realized that she could not take care of the property, and therefore decided to give the property to her two sons while she was living. I have been very offended by the fact that most everyone who has spoken at this podium stated that this property was given as a gift. Everyone that has children tries to acquire as much for their children as they can. My husband and his brother worked along side their father from the age of 13 until recently. What my father-in-law acquired, he acquired because his two sons worked along side of him, and therefore, whatever they have, they have earned. Dr. Griffin questioned if the Village had a master plan because he shares similar concern about this project and that any other ones seem inevitable to come before the Board. It refers to what changes need to take place in the Planning Board, what type of changes may be necessary for the Zoning Board of Appeals and the Zoning Laws of the Village. If we don't have a master plan, how do we go about obtaining one, because the Village creeds direction. Trustee Zuckerman is correct, this is piecemeal, a little piece here a little piece here. Mayor Cresenzi stated that the original master plan was laid out in the early 1950's and that is what established the Zoning throughout the Village. There were updates to the master plan made, one of the most recent that comes to mind is Ridge Street, south of Westchester Avenue, which was studied by Frederick P. Clark Associates. North of the Hutchinson River Parkway we had provisions made for the Planned Unit Development and we just revised those requirements and made them stricter than they were in the past. Dr. Griffin stated that rather than a master plan, lie was looking for something more along the lines of a narrative master plan for the Village regarding how we want all the remaining empty parcels in the Village developed and do we need to change the Zoning Code in those areas so that they meet the character and spirit of our Village. Mayor Cresenzi stated that the thrust of tonight's discussion has been with the Hillandale situation with comparison to lot size but right down the street you have Magnolia which is looking almost diagonally across from that and is zoned R-15, a third of an acre. He questioned, how this subdivision compared to what is up and down King Street. Mr. Gissen stated that he did not examine this subdivision relative to the lots in the surrounding area, he examined it relative to the requirements of the zoning code. Mayor Cresenzi stated that the Magnolia Drive subdivision and the Church Subdivision were both reviewed by Frederick P. Clark Associates and are both current zoned parcels and if you drive down King Street, the parcels are going to be basically one-third or half acre parcels of land. As you drive down the road, these properties would fit into the current buildings on that street. Trustee Zuckerman asked Mr. Gissen to explain the difference between what we currently have and what is technically a master plan. 14 004�;1 June 22, 1993 Mr. Gissen stated that New York State requires that your zoning be consistent with a comprehensive plan, which can consist of your Zoning Ordinance itself or any studies undertaken that looks at the entire municipality. We already did studies of the north and the south. A master plan is a singular document that looks comprehensively at the municipality, whereas, the comprehensive plan, which is the only one that is actually required in New York State, which is all of your rational thought processes that go into driving your zoning. Dr. Griffin stated that it would be very important to achieve a master plan, so that we do have a comprehensive overview of the entire Village, because I had a dream that the property remain the way it is. Mr. Rotfeld stated that one of the reasons that you see the zone line as it is now because there was no sewer there, the houses were built on septic tanks and they couldn't build half acre lots on septic tanks. Loch Lane initially had septic tanks, most of them did not work too well either, which is why you have larger lots on those streets. Mrs. Nelson stated that to set the record straight, with no apologies to Mr. & Mrs. Messina, about who inherited the property. No one came here tonight to pin any blame on how you got your property, but your lawyer was the one who introduced that information in tonight's comment. In addition, Madeline Rand said people move here because of a quality of life. The majority of people that purchase homes in Rye Brook, purchase them here because they want to preserve a style of life to which they have every right and that is the protection of their property. Mrs. Azenha added that we didn't come from the other side of the Town, we came from Brazil, where everyone is saying that they are destroying their woods and trees. It is unfortunate as we have left Brazil and it is now happening in Rye Brook. Annabelle Gamson, a-resident of Hillandale Road stated that there was a lot of insulting material that has been brought forward this evening, which is totally unnecessary. Trustee Solomon stated that he has lived in this community for forty years and the Rye Brook of ten years ago is not the Rye Brook of today. In the last ten years we have had developments such as Deer Run, Hidden Falls, Brookridge, Candy Lane, Castleview Court, Castle Landing, every nook and cranny of green estates are being developed. I am sorry to see it catch up with those residents who are here this evening. Should there have been a master plan 10 years ago, maybe. It was a new Village, we weren't experienced and did not think about it at the time. We are addressing some of that now, however it is too late for many of the properties, but for some properties maybe not. The present Board is trying very hard to address residents needs and quality of life, where maybe the past Village Board's did not do so. 15 004810 June 22, 1993 Mayor Cresenzi stated, in reference to Trustee Solomon's comment, that all the years he has been on the Board as a Trustee and Mayor, the main thing that I always fought for was to be fair to everyone and looking out for the residents rights that live here. One of the first battles that we fought was the Lundell Property, where we had problems with the people on Wyman Street who were very concerned about the development at their rearyards. We shifted properties and buildings to try and minimize the impact, because there is not a way to totally get rid of the impact. We also dealt with public safety issues and in looking at our Subdivision regulations of three years ago, you will see that the minimum road width was 24 feet for emergency service vehicles, which we felt was totally inadequate, if there are vehicles parked on them. We have since, changed that to 28 foot width. The Board in the past has always tried to do their best for the neighbors and the property owners even though it is a very difficult balance. The zoning is what governs what the Board can and cannot do. We can try to make requests and negotiate a better deal for the residents. On Motion made by Trustee Pellino, seconded by Trustee Daly, the Public Hearing was adjourned at 10:29 p.m. Trustee Zuckerman questioned if there was any reason to close the meeting now, or should we continue it and close it prior to a result in case we wish to comment more on it at a later date. Mayor Cresenzi stated that he has two pages of notes and it is going to be on Cable T.V. In my opinion, almost everyone has expressed their concerns that they have with the project. I don't know what benefit we would have by delaying the hearing until the July Meeting. Trustee Zuckerman stated that what we could do is, even if we close the public hearing, request that as a result of this public hearing, if people have further comments, they can write to us, especially after they view the video tape, they may have more comments. Mayor Cresenzi agreed with Trustee Zuckerman and stated that all residents, upon viewing the hearing on cable should write to the Village Board, if they have any concerns needing to be addressed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi stated that lie needed an analysis or recommendation from Tom Gissen in reference to both the Negative or Positive Declaration. Mr. Gissen stated that he would be commenting on that and other issues as soon as possible. 16 004817 June 22, 1993 RESOLUTIONS 2. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Solomon, seconded by Trustee Pellino, 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. NAME DONATION Rye Brook Senior Center $134.00 c/o Village of Rye Brook (IN MEMORY OF MARY GASPERINO) 90 South Ridge Street Rye Brook, NY 10573 Rye Brook Senior Center Craft Program $28.00 c/o Village of Rye Brook 90 South Ridge Street Rye Brook, NY 10573 Emily & Tony Forta $25.00 West William Street (IN MEMORY OF TONY TLSO) Rye Brook, NY 10573 Connie Pennucci $25.00 525 Ellendale Ave. (IN MEMORY OF TONY TISO) Rye Brook, NY 1-573 Marie G. Pennucci $20.00 480 Halstead Ave. Apt. 3-0 (IN MEMORY OF TONY TISO) Harrison, NY 10528 Al& Irene DeCesare $20.00 219 No. Ridge Street (IN MEMORY OF TONY TISO) Rye Brook, NY 10573 17 004818 June 22, 1993 Rose Posillipo $10.00 319 Olivia Street (IN MEMORY OF TONY TISO) Port Chester, NY 10573 Total........................................................$262.00 Total to date in Reconstruction Fund.................$9207.00 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. APPROPRIATION OF FUNDS ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROPRIATION OF FUNDS ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION RESOLVED, that $50,000 be and hereby is appropriated from the Recreation Trust & Agency account for additional professional services related to the Construction Phase of the Anthony J. Posillipo Community-Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. REFERRAL TO THE PLANNING BOARD MOBIL OIL 101 SOUTH RIDGE STREET REQUEST FOR SIGNAGE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: 18 004811 June 22, 1993 RESOLUTION REFERRAL TO THE PLANNING BOARD MOBIL OIL 101 SOUTH RIDGE STREET REQUEST FOR SIGNAGE RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers the application of Mobil Oil, for permission to install a sign at 101 South Ridge Street to the Planning Board for their review and recommendation; and it is FURTHER RESOLVED, that the sum of $500 shall be paid to the Village of Rye Brook for environmental/consultant review. Trustee Solomon questioned if this was in reference to the sign on Ridge Street. Mr. Circosta stated that it is a sign that is approximately 2 feet high by 25 feet long that would be attached to the building. Trustee Zuckerman suggested, that since we are going to be holding a public hearing very soon on the Sign Law, that the Planning Board should specifically review the signage with regard to that law and whether or not there are any problems with the new Sign Law and with signage as part of their review. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. AWARDING CONTRACT #9306 RYE HILLS DRAINAGE IMPROVEMENTS On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT #9306 RYE HILLS DRAINAGE IMPROVEMENTS WHEREAS, the Village of Rye Brook has conducted a competitive bid for Contract #9306 entitled Rye Hills Drainage Improvements; and 19 0049 0 June 22, 1993 WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook; and WHEREAS, five vendors picked up bid proposals; and WHEREAS, on June 14, 1993 at 2:00 p.m. the Village publicly opened and read proposals from three contractors; and WHEREAS, the Director of Public Works has reviewed all the proposals. NOW, THEREFORE, BE IT RESOLVED, that Contract #9306 entitled: Rye Hills Drainage Improvements be awarded to E.L.Q. Industries of Mamaroneck, NY, the lowest responsible bidder for this contract; and FURTHER RESOLVED, that the total price of the contract is $210,795.00 based upon the estimated quantities given; and FURTHER RESOLVED, that the Mayor of the Village of Rye Brook is hereby authorized to enter into agreement with E.L.Q. Industries Inc. of 531 Fayette Road, Mamaroneck, NY for services performed under this contract. Trustee Pellino questioned if this was going to include the curbing, and if so, who would determine where it is required. Mr. Circosta stated that this would include the curbing and the Engineer and the conditions on the site will determine where it is required. Mr. Rotfeld will be the Engineer on the site. Mayor Cresenzi stated that he was very surprised to see the numbers come in the way that Mr. Rotfeld had predicted. Trustee Zuckerman questioned if this included black top curbing as well. Mr. Circosta stated that black top curbing is not included. Trustee Zuckerman stated that it was his understanding that we install black top curbs. Mr. Circosta stated that there was not a policy on that. Trustee Daly questioned how Mr. Circosta would account for the large discrepancy in the rock excavation price. Mr. Circosta stated that there is no discrepancy, it is the way that contractor's bid. 20 004821 June 22, 1993 Trustee Zuckerman stated that ELQ did an excellent job on the road resurfacing, especially on Hillandale Road and also wanted to thank the supervisor of that job for a job well done. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. BROOK II VENTURES APPROVAL OF BOND REDUCTION SECTION 1, BLOCK 5, LOTS 19F, 19ED, 2A, 19D-1 & 19E-3 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION BROOK II VENTURES APPROVAL OF BOND REDUCTION SECTION 1, BLOCK 5, LOTS 19F, 19ED, 2A, 19D-1 & 19E-3 WHEREAS, by Resolution dated February 14, 1989, the Village Board of Trustees granted Subdivision and Site Plan Approval to the developer Alammit Properties, Inc. with respect to property located on North Ridge Street and also known as Brook II Ventures. WHEREAS, pursuant to the provisions of the Subdivision and Site Plan Approval, the Developer was required to construct roadways and improvements in accordance with the approved plans and specifications and the Developer also was required to post a Performance Bond in favor of the Village of Rye Brook to secure construction of the roadways and improvements in conformance with said plans and specifications; and WHEREAS, a Performance Bond in the amount of $1,892,110 was posted and thereafter said roads and improvements were partially constructed in accordance with the approved plans and specifications. WHEREAS, the Village Board has reduced the original bond of$1,892,110 to and amount of $425,000 on August 20, 1991 based on improvements that were completed as of that date; and WHEREAS, the Developer seeks to further reduce the amount of $425,000 to an amount of $125,000 based on further completion of the improvements and as outlined in a letter developed by Charles H. Sells, Inc, the Engineer for this project; and WHEREAS, the Director of Public Works has reviewed this request and has approved the completed work. 21 004322 June 22, 1993 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby reduces the bond obligation for the Brook II Ventures Property as requested by the developer to an amount of $125,000; and FURTHER RESOLVED, that this amount lie in full force and effect until the construction of all the improvements are completed and accepted by the Village of Rye Brook and at which time the developer shall post a maintenance bond for all the completed improvements. Mr. Circosta stated that this relates to the construction of the secondary road in the project and that has been completed. Mayor Cresenzi questioned how long the maintenance bond would be for. Trustee Solomon questioned how many units have been sold. Mr. Circosta stated that it will be a two year maintenance bond. He added that there have been twenty-eight units sold. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. SETTING PUBLIC HEARING DATE PROPOSED LOCAL LAW #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING COMPREHENSIVE SIGN REGULATIONS On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: 22 004923 June 22, 1993 RESOLUTION SETTING PUBLIC HEARING DATE FOR PROPOSED LOCAL LAW #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING COMPREHENSIVE SIGN REGULATIONS RESOLVED, that the Village of Rye Brook Board of Trustees will hold a public hearing at 8:00 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, NY on July 20, 1993 regarding Local Law #4-1993 adding a new Section 66-35 to the Zoning Law establishing comprehensive sign regulations. Trustee Pellino stated that if any Board members had any questions on this Law, he would be more than happy to make himself available at any time. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH THE STATE EDUCATION DEPARTMENT TO ACCEPT GRANT AWARD FROM THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH THE STATE EDUCATION DEPARTMENT TO ACCEPT GRANT AWARD FROM THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND RESOLVED, that the Village of Rye Brook Board of Trustees accepts a grant for $1,250 from the State Education Department for a Records Management Inventory/Planning Project; and it is 23 004824 June 22, 1993 FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish these purposes. Mayor Cresenzi stated that this was regarding how to better manage our paper. We applied for $8,000.00 and we received $1,200.00. Trustee Zuckerman questioned if the State was going to accept storage of records on CD. Administrator Russo replied that they will not accept storage of records on CD and currently, microfilming is the only type of long term storage that they will allow. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. CORRECTION OF CLERICAL ERROR/1993 TAX ROLL PROPERTY OF SAMUEL WINSTON 4 WHIPPOORWILL ROAD, RYE BROOK SECTION I, BLOCK 5, LOT CIS On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CORRECTION OF CLERICAL ERROR/1993 TAX ROLL PROPERTY OF SAMUEL WINSTON 4 WHIPPOORWILL ROAD, RYE BROOK SECTION 1, BLOCK 5, LOT C18 WHEREAS, the Village of Rye Brook Board of Trustees has received an application for a correction of a clerical error of the property of Samuel Winston, 4 Whippoorwill Road, Rye Brook, NY Section 1, Block 5, Lot C18; and WHEREAS, that the Assessor had advised that, due to a computer malfunction, the tax roll did not reflect the assessment reduction by the Village Board of Assessment Review. NOW, THEREFORE, BE IT 24 004820"" June 22, 1993 RESOLVED, that the application of Samuel Winston, 4 Whippoorwill Road, Rye Brook, NY, Section 1, Block 5, Lot C18 for correction of an error of the tax roll under Real Property Tax Law, Section 554 is approved and ordered granted as follows: Amount of Taxes currently due: $1,499.32 Corrected Tax: $1,422.42 RESOLVED, that the Mayor is authorized to sign the order granting the application; and it is FURTHER RESOLVED, that the order shall be transmitted to the Receiver of Taxes, the Assessor and the Applicant. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. APPOINTMENT OF OFFICE ASSISTANT RECREATION DEPARTMENT On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF OFFICE ASSISTANT - RECREATION RESOLVED, that Kathlene Latella of 16 Ridge Boulevard, Rye Brook, New York, be hereby appointed to the provisional position of Office Assistant - Recreation effective September 1, 1993, at a salary of$24,000 with the Village of Rye Brook; and be it FURTHER RESOLVED, that this position shall be a provisional appointment until the Civil Service exam is given for the Office Assistant - Recreation title and Mrs. Latella can be appointed from the Eligible List. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 25 0043?6 June 22, 1993 12. ESTABLISHING A SUMMER MEETING SCHEDULE VILLAGE OF RYE BROOK BOARD OF TRUSTEES On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION ESTABLISHING A SUMMER MEETING SCHEDULE VILLAGE OF RYE BROOK BOARD OF TRUSTEES RESOLVED, that the following 1993 Summer Meeting Schedule of the Board of Trustees is hereby adopted: Regular Meetings Bill Paving Meeting July Meeting - July 20, 1993, 8:00 p.m. July 13, 1993, 5:00 p.m. August Meeting - August 17, 1993, 8:00 p.m. August 6, 1993, 5:00 p.m. Trustee Pellino added that we should organize a Loch Lane meeting to coincide with one of these meeting dates. The Board decided to hold a Loch Lane meeting on July 20, 1993 at 6:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. ENTERING INTO AGREEMENT WITH ALBERT MOORE AND ASSOCIATES FOR ADDITIONAL PROFESSIONAL SERVICES RELATED TO THE CONSTRUCTION PHASE OF THE ANTHONY J. POSILLIPO COMMUNITY CE*'IIR On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: 26 004827 June 22, 1993 RESOLUTION ENTERING INTO AGREEMENT WITH ALBERT C. MOORE AND ASSOCIATES FOR ADDITIONAL PROFESSIONAL SERVICES RELATED TO THE CONSTRUCTION PHASE OF THE ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement for construction phase Architectural services for the Anthony J. Posillipo Community Center with Albert C. Moore and Associates on a month to month basis, subject to termination without cause by the Village on 10 days written notice; for a monthly payment of$2,400.00 plus reimbursable expenses, until completion of construction, but not to extend beyond December 31, 1993, unless the parties mutually agree to extend the term of the agreement. Administrator Russo made a change in the contract with Albert C. Moore, Architect, substituting the word inspections with the word observations, due to the fact that Mr. Moore felt that the Village would be giving the architect an authority that is really not appropriate for an architect to have. That authority should rest with the person in charge of the construction project and then the architect would be responsible for observing the project. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. AUTHORIZING BOND ANTICIPATION NOTE PAYMENT FOR DUMP TRUCK On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AUTHORIZING BOND ANTICIPATION NOTE PAYMENT FOR DUMP TRUCK RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of $63,499 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. 27 004828 June 22, 1993 Section 2. The specific object or purpose (hereinafter referred to "purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purposes to be undertaken or completed during or after the year 1993: the acquisition of a dump truck with plow. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $63,499 and that it plans to finance such cost by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines (a) that the purpose for which said bonds are to be issued is set forth in subdivision 28 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is five (5) years; (b) The proposed maturity of the Serial Bonds hereby authorized is not in excess of five (5) years; and (c) No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds of bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authentically by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. 28 00482) I June 22, 1993 Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Westmore News, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the constitution of the State of New York. Section 7. This resolution shall take effect immediately. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15. CHECK REGISTER On Motion made by Trustee Zuckerman, 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: On-Line Checks: 6888-6946 (92-93) May's 2nd Run 6952-6967 (93-93) May's Final Run 9074-6999 (93-94) June's 2nd Run 7001-7021 (July's Bills for Medicare Payroll Checks: 10285-10384 Environmental: 382 Recreational Trust: 116-118 Capital Pre Paid: 2034 (92-93) Capital: 2042, 2043, 2046 (93-94) Manual Checks: 6867 & 6882, 6883-6886 (92-93) Birthday Run: 2010-2014 (93-94) 29 0(?4 June 22, 1993 NOW, THEREFORE BE IT RESOLVED, that the Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 16. APRIL 13, 1993 17. APRIL 27, 1993 On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the Minutes of April 13, 1993 and April 27, 1993 were approved as presented. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING NAY TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 18. MICHAEL L STOLZAR AMERICAN RED CROSS - WESTCHESTER COUNTY CHAPTER RE: TURKEY TROT On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AMERICAN RED CROSS TURKEY TROT 30 004331 June 22, 1993 RESOLVED, that the Village of Rye Brook Board of Trustees hereby approve the request made by the American Red Cross - Westchester County Chapter, to hold the American Red Cross Turkey Trot on Thursday, November 25, 1993 from 9:30 a.m. to 11:00 a.m. partially within the Village of Rye Brook on Tamarack Road, Windsor Road, College Avenue and Neuton Avenue. Mayor Cresenzi stated that they changed the course, because the one that they used last year caused too much confusion to the participants and some people got lost. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mr. Heller stated that there were many non-residents at the Rye Brook Birthday Run. Mayor Cresenzi stated that several people commented on the same thing and we need to come up with some type of a system to identify Rye Brook residents. We are going to discuss a mailing to the residents with tickets a month in advance for each person in their household and if they need more, they could contact the Recreation Office. Mr. Heller stated that the amount of political activity that takes place is not right. Mayor Cresenzi stated that we looked into this a few years ago and had a "Gentlemen's Agreement" that there would be no campaigning and no literature passed out. We looked into this and the fact that it is a public park, there is no way to stop candidates from circulating in a crowd and handing-out material. Trustee Zuckerman stated that next year, we should write a letter to the candidates that are running and let them know that they are welcome to come and wear a button, but we would appreciate them not distributing campaign literature as it is not the appropriate place and our employees have to clean it all up. Mr. Heller added that there were not enough tables for people to sit and we should get more next year. Chief Santoro stated that on July 12, 1993, 911 is definitely going into effect, so I hope everyone is numbered and their numbers are visible for emergency vehicles. There were some houses on Lincoln Avenue that we were having difficulty with which my department will look into tomorrow, Chief Santoro added. The Village of Rye Brook is in excellent shape, except we do not have a tape recorder, which we are working on. 31 004832 l June 22, 1993 Trustee Zuckerman stated that we may be in excellent shape for 911, but if we do have problems in the Village with the numbering or the display, we should get to it before it becomes an emergency. Chief Santoro stated that the Police Department would need some direction from the Board. At what point does the Police Department enforce the person who is not displaying their numbers properly. Trustee Zuckerman stated that we first must determine where the problems are, before we determine how to deal with them. To date there are two number 9's displayed on Loch Lane. 19. DESIGNATION OF DEPUTY VILLAGE TREASURER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURERS RESOLVED, that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, NY is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Deputy Treasurer shall perform the duties and functions of the Village Treasurer in the absence of the Village Treasurer. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 20. DESIGNATION OF DEPUTY VILLAGE TREASURER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURERS RESOLVED, that Catherine M. Spinosa of 166 Columbia Avenue, Hartsdale, NY is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year; and be it 32 004833 June 22, 1993 FURTHER RESOLVED, that the Deputy Treasurer shall perform the duties and functions of the Village Treasurer in the absence of the Village Treasurer. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 21. SETTING PUBLIC HEARING DATE FIRE DEPARTMENT SERVICES On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE FRE DEPARTMENT SERVICES RESOLVED, that a Public Hearing be held by the Village of Rye Brook Board of Trustees on Tuesday, July 20, 1993 at 8:00 p.m. at the Village Office located at 90 South Ridge Street, Rye Brook, NY to consider an agreement for Fire Department services with the Village of Port Chester. Mayor Cresenzi questioned if Administrator Russo was able to obtain the information regarding bonding and contract awards on the fire apparatus in Port Chester. Administrator Russo stated that it was his understanding that anything that they would bond now, they wouldn't begin to pay back for another year. He will have more information prior to the public hearing and the issue could be discussed at the public hearing. Trustee Pellino stated that next Tuesday, the liaison committee to the two Village Boards are meeting here at our office to discuss fire services and if the Board wishes, we could address that issue at that meeting. Mayor Cresenzi agreed and stated that he would be attending that meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 33 004,334 June 22, 1993 ADJOURNMENT On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the meeting was adjourned into Executive Session at 11:35 p.m. to discuss potential litigations. 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 Village Board i 34