Loading...
HomeMy WebLinkAbout1993-07-20 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JULY 20, 1993 I 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. 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 2. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER RESOLUTIONS 3. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 4. APPROVAL OF SUBDIVISION DONALD L. MESSINA & PAUL MESSINA 808 KING STREET SECTION 1, BLOCK 7, LOTS 3114, 31159 3C4 & 3C5 5. MAKING A NEGATIVE ENVIRONMENTAL DECLARATION FOR THE CONSTRUCTION OF A PARKING LOT AT GARIBALDI PLACE 6. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH THE VILLAGE OF PORT CHESTER FOR NUTRITION PROGRAM SERVICES 7. BUDGET MODIFICATION HUMAN SERVICES 25 8. REFERRAL TO THE PLANNING BOARD ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA 9. REFERRAL TO THE PLANNING BOARD RYE RIDGE PLAZA STORES RYE RIDGE MEDICAL BUILDING REQUEST FOR SIGNAGE 10. CHECK REGISTER APPROVAL OF MINUTES 11. JULY 6, 1993 12: JULY 13, 1993 WRITTEN COMMUNICATIONS 13. JOSEPH DESANTIS, SR., GENERAL CHAIRMAN COLUMBUS DAY CELEBRATION COMMITTEE RE: COLUMBUS DAY PARADE 14. MARIE & THOMAS FLORIO RE: THANK YOU! 26 0049.35 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JULY 20, 1993 CONVENE MEETING The Meeting was called to order at 8:10 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 Joseph Cortese, Village Treasurer Elizabeth Bottali, Secretary to Village Board �J04�3G July 20, 1993 Mayor Cresenzi announced that this Board meeting was not being taped due to the fact that our cameraman was unable to be here at the last minute. Also, a letter recently appeared in the Gannet Newspaper regarding the IDA Funding and the Village's stand on the airport issues, and Mayor Cresenzi clarified that the letter, which was the consensus of the entire Board, was written by Trustee Zuckerman. RESOLUTIONS 1. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, 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 Citizens Center $3,516.00 c/o Village of Rye Brook (Human Race Proceeds) 90 South Ridge Street Rye Brook, NY 10573 Joy Kundmueller $250.00 35 Avon Circle Rye Brook, NY 10573 Total..........................................................................$3,766.00 Total to date in Reconstruction Fund...................................$12,973.00 Mayor Cresenzi pointed out that $3,516.00 was from the Human Race, which Lori Ann DeMarco was very involved in organizing. He thanked Ms. DeMarco, the Board Members and everyone in the Community who participated. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2 July 20, 1993 004837 2. MAKING A NEGATIVE ENVIRONMENTAL DECLARATION FOR THE CONSTRUCTION OF A PARKING LOT AT GARIBALDI PLACE On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION MAKING A NEGATIVE ENVIRONMENTAL DECLARATION FOR THE CONSTRUCTION OF A PARKING LOT AT GARIBALDI PLACE WHEREAS, the Village of Rye Brook Board of Trustees has received and reviewed the landscape architectural plans and full environmental assessment forms for the construction of a new parking facility at Garibaldi Place upon a vacant lot purchased for the same purpose; and WHEREAS, the Board of Trustees is the only agency involved in this action as representative of all Rye Brook Governmental agencies according to New York State SEQRA Law: and WHEREAS, the proposed parking area will be in compliance with all Zoning Regulations pertaining to a public park WHEREAS, all sitework erosion control and best construction management and mitigation practices will be adhered to; and WHEREAS, the parking area will be fully landscaped and improved with all major trees preserved according to the Village Tree ordinance; and WHEREAS, upon the Village Board's Review of the proposed action it had determined that said action is an unlisted action and imposes no adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees finds that the action is an unlisted action and adopts the accompanying negative environmental declaration. Administrator Russo explained that this is the proposal to put fourteen spaces at the corner lot at Garibaldi Place and South Ridge Street. Trustee Solomon questioned if this parking lot will be left open for area residents to park. Mayor Cresenzi stated that we have not yet determined that because if we allow residents to park there, how would we clear the parking lot when an event is scheduled. Mayor Cresenzi added that he had no problem with the residents using the parking lot, but the details need to be worked out prior to giving them permission. 3 July 20, 1993 004838 3. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH THE VILLAGE OF PORT CHESTER FOR NUTRITION PROGRAM SERVICES On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH THE VILLAGE OF PORT CHESTER FOR NUTRITION PROGRAM SERVICES RESOLVED, that the Village of Rye Brook is authorized to enter into a Nutrition Program agreement with the Village of Port Chester for a period of January 1, 1993 to May 31, 1994 under which the Village of Rye Brook will pay an amount not to exceed $4,185.00 for the period of January 1, 1993 to May 31, 1993 and an amount not to exceed $15,000.00 for the period of June 1, 1993 to May 31, 1994; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Lori Ann DeMarco, Ass't to Village Administrator and Senior Citizen Coordinator, explained that this is a federally subsidized program located in the Village of Port Chester. Any federally subsidized program cannot turn individuals away. The Village of Rye Brook wanted to assume the responsibility for the Rye Brook residents that participate in this program so that our residents do not become a burden on the Village of Port Chester, the hosting municipality. Basically, a formula was worked out so that we would know the net cost per meal that we would have to pay for all our residents in this program. It is governed by intake or registration forms and individuals have to sign in and the Village of Rye Brook is billed after the fact so that we can verify and document which residents have been using this program and how many times, then we would multiply that by the net cost per meal and we could then figure out how much we owe the Village of Port Chester for this service. There are 25 Rye Brook residents that currently take part in the Nutrition program. Some residents go for meals every day of the week while others go only once or twice a week. Trustee Daly pointed out that this amount here is not to exceed $15,000.00. It does not mean that we are going to give Port Chester $15,000.00 Ms. DeMarco added that this amount is for the total program cost which includes staffing and rent of the facility, as well as the meals, which is based on usage. 4 July 20, 1993 00463,9 Trustee Zuckerman pointed out that the documentation he received showed that the usage for five months was $4,984.94, so at that rate, you would probably have approximately $9,000.00 as the cost for the year. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. BUDGET MODIFICATION HUMAN SERVICES On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION HUMAN SERVICES DEPARTMENT RESOLVED, that$4,185.00 be hereby transferred from the Contingency Account to the Human Services Account for the purpose of reimbursement to the Village of Port Chester for Rye Brook residents in the Port Chester Nutrition program from January 1, 1993 through May 31, 1993. FROM TO 101.1990.424 101.6772.499 (Contingency) (Contractual/Nutrition) 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 ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: 5 July 20, 1993 004840 RESOLUTION 1 REFERRAL TO THE PLANNING BOARD ARBORS HOMEOWNERS ASSOCIATION NEW GROUNDS MAINTENANCE FACILITY RESOLVED, that the application for site plan amendment for a new grounds maintenance facility at the Arbors is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall pay to the Village the sum of $1,000.00 for consultant and environmental review. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. REFERRAL TO THE PLANNING BOARD RYE RIDGE PLAZA STORES RYE RIDGE MEDICAL BUILDING REQUEST FOR SIGNAGE On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD RYE RIDGE PLAZA STORES/RYE RIDGE MEDICAL BUILDING REQUEST FOR SIGNAGE RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers the application of Merritt & Holby Inc, for permission to install a sign at Rye Ridge Plaza Stores/Rye Ridge Medical Building 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 DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6 July 20, 1993 004341 7. CHECK REGISTER On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, 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: 7156-7193 Payroll Checks: 10487-10602 Environmental: NONE Recreation Trust: NONE Capital Pre Paid: NONE Capital NONE Manual Checks: 6786 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorized payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPROVING COUNTY CONTRACT FOR FUNDING ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING COUNTY CONTRACT FOR FUNDING ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approve entry by the Village of Rye Brook into an agreement with the County of Westchester to receive an amount not to exceed $250,000 for Phase II of the reconstruction of the Anthony J. Posillipo Community Center under the Housing and Community Development Act of 1974; and be it 7 004?4 ; July 20, 1993 FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to effectuate the purposes hereof. Mayor Cresenzi explained that this was a funding program, in which Ms. DeMarco was heavily involved with in writing the Grant Applications to obtain the funding. It is sponsored by Westchester County and makes federal monies available for the municipalities that participate in the program. This money is being applied directly towards the Reconstruction of the Anthony J. Posillipo Community Center. This resolution authorizes, myself, as Mayor, to accept Phase II for the final $250,000.00. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 9. JULY 69 1993 10. JULY 13, 1993 On Motion made by Trustee Solomon, seconded by Trustee Daly, the minutes of July 6, 1993 were accepted as amended and the minutes of July 13, 1993 were accepted as presented. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi introduced County Legislator Martin Rogowsky, who was present to update the Village on a few issues. Mr. Rogowsky stated that Lori Ann DeMarco did a terrific job in working with the County people to obtain that federal money. He added that today there was a last minute meeting to vote on the airport garage and a lot of very heavy lobbying on behalf of the developer and the O'Rourke Administration took place. We needed 12 votes to pass this garage, and we have been fighting this for a couple of months. The stipulations that protect our community such as the one flight per half hour and the 240 passengers per half hour expire next year. The position that myself and the Village of Rye Brook Board took was that until the O'Rourke administration negotiates an extension of the those stipulations for another twenty years, we were not going to vote for any garage. The vote took place today and despite all the arm twisting, the vote was 8 to 8, so the proposal that was on the table is now dead. We told Mr. O'Rourke to go back and get the stipulations extended whereafter we will sit down and discuss what size garage, who is going to fund it, and we will proceed from there. 8 July 20, 1993 004843 Mr. Rogowsky assured the Board that he would point out to the County Executive that Rye Brook will be losing revenues from the current situation and that he will do his best to try to get this issue settled as well. Mayor Cresenzi stated that in the past, Mr. Rogowsky mentioned exploring the possibility of a joint venture between Rye Brook and the County of Westchester for the bonding cap, which is a very ingenious idea. If we could get some revenue out of this parking garage, it would reduce the burden on the taxpayers. Trustee Pellino stated that in spite of what has been said in the newspaper's, the issue for Rye Brook has not been so much a money issue as it is the stipulation agreement. The newspapers have missed the boat on this and basically, this Board and Mr. Rogowsky have been right on target. The real issue is what is going on above us. I have never understood the logic behind taking a densely populated area such as this one and putting more flight, especially in inclement weather, over these schools, houses of worship, ect.. The real issue is the number of flights, and the number of people that are flying over our Community. Mr. Rogowsky thanked the Village of Rye Brook Board of Trustees for being so cooperative and supportive. Trustee Zuckerman stated that he felt that the major issue for us is the cap and added that we are very concerned with the extension of the terminal capacity agreement. We are worried about what is going on above our heads and what is going to happen in terms of traffic on our roads. We know that the terminal will be built and that there will be a parking garage. We have to make sure that the way those things are built are in the best interest of Rye Brook. Trustee Solomon questioned who would be negotiating on the stipulations with the airlines for the County. Mr. Rogowsky stated that currently, the administration is responsible for the negotiating. Today, we also passed an act setting forth County Policy that we want the stipulations extended for twenty years. I had to amend it because the only thing that was in there that pertained to us was the 240 passengers per half hour. I pointed out to my colleagues that even though it is nice to have that cap, we had never reached 240 passengers. Over the last year, our flights have gone up about 50% a month. Trustee Zuckerman questioned what the time schedule was. Mr. Rogowsky stated that they are meeting with the airlines again at the end of this week or the beginning of next week. Trustee Pellino questioned, on a separate subject regarding the Alcohol Beverage Control Board's decision. He requested if there is any statute under which the Board would have to come back to this issue. He would like to get this decision reversed. 9 July 20, 1993 004844 Mr. Rogowsky stated that he agreed and would have liked to see the time limit be 2:00 a.m. l rather than 3:00 a.m. One of the Board members terms expired in the end of April and I believe that these are appointments by the Governor. What we can do is seek out the Governor's ability to appoint someone else, who would lean our way. There is a two person Board in Westchester County that rules when the Bars are closed and they decided to keep it until 4:00 a.m. Trustee Zuckerman suggested that Mr. Rogowsky speak to our State Senator and Assemblyman about giving the County the ability. Mr. Rogowsky stated that Audrey Hochberg is sponsoring a bill in Albany that would allow local municipalities to make that decision. That does present potential problems because if Port Chester voted for 2:00 a.m. many people would just go to the City of Rye or Rye Brook and then they would have to change it there. 4. APPROVAL OF SUBDIVISION DONALD L. MESSINA & PAUL MESSINA 808 KING STREET SECTION 1, BLOCK 7, LOTS 31149 3115, 3C4 & 3C5 Mr. Berner stated that he has retained the services of Richard S. Horseman of Rye, NY to review the Village of Rye Brook Tree Regulations and he has come up with a Tree Preservation Plan, which has been submitted to the Village Board of Trustees for review. Mr. Rotfeld, at the last meeting, came up with the suggestion of the 50 foot right of way and when the time comes when there will be a way of getting out to King Street we will submit to this Board, a plan which would show that it is unfeasible to consider it even though ultimately, if it had to be done someday, it could be done. A drawing was submitted, pertaining to that suggestion to Frederick P. Clark Associates for their review. The SEQR negative declaration is an untitled action and came as a result of Frederick P. Clark Associates reviewing all of the documentation that went before this application to the Planning Board and the Village Board and had indicated that this should be accepted as a non significant declaration of SEQR. Mr. Berner stated that there was a study done by Frederick P. Clark Associates which identified all of the subdivisions that took place in the area within the last five or ten years and compared the lot sizes in the area and it delineates the fact that this is a development of seven houses which is in true conformity with Upper King Street. Mayor Cresenzi questioned the radius issue that was raised in the Frederick P. Clark Memo regarding the easement. Mr. Rotfeld referenced the map and pointed out the culdesac where they had suggested a fifty foot strip in the back. He stated that he received the comments from Frederick P. Clark Associates about the 150 foot radius. He took the most logical place to start that radius and obviously the thought would be to bring the road out opposite Magnolia Drive so that would be the consideration of the radius and the road coming out, which would in fact knock down a house, a garage, and create an illegal lot. The chances of this happening are not very good. 10 0044345 July 20, 1993 Mr. Rotfeld added that if it was done this way, according to the Villages' present subdivision regulations, you would probably wind up with two illegal lots and need a variance on the third and there are three existing lots there now. It doesn't have any adverse affect on this property because it takes a little bit of the area of lot seven and gives it back. Lot six loses probably about 12,000 to 14,000 square feet to its 27,000 feet anyway, so we can do it and leave the culdesac the way it is however instead of being straight the way we have it, it would be on a curve. One curve would be 125 feet on the outside with 175 feet on the inside with a 50 foot curve. Mayor Cresenzi questioned if it was correct to say that if the easement is 50 feet wide, we could place the road at almost any different radius. Mr. Rotfeld stated that we have no choice but to come out where we decided and in doing it the other way, it would be wrong. Trustee Daly questioned who the strip was maintained by. Mr. Rotfeld stated that the strip that would be deeded to the Village would have to be maintained by the Village. At some future time, if this road is developed, they will build the road and connect it to the culdesac, eliminating it. Then you would have your road. Mayor Cresenzi questioned the issue of drainage and water run-off and asked Mr. Rotfeld to address the concept that is in our Village Code where the calculations are based on a hundred year storm and how that is taken into account in the design of the retention on the site. Mr. Rotfeld stated that the retention system that we have is designed for a hundred year storm so that the drainage comes to a low point where the brook comes across. It then goes into a 6 foot diameter pipe that is 125 feet long. The water runs into this pipe and slowly goes out into the smaller pipes which allow the excess water to store in the 6 foot diameter pipe and let it out over a period of time, at a rate that is no greater than the rate that you have now. Trustee Zuckerman stated that he had a problem with the resolution because there are some unresolved questions that need to be addressed prior to the signing of the plat. He added that since he has been on the Board, he has maintained at every hearing, that before this Board approves any projects to be signed off, that all conditions be completed so that we are looking at a completed plat. We had the same situation with the Merritt and Holby project where we approved the project with the condition that there would be a pass through, which we still do not have. We do not want the same situation to occur here. Trustee Zuckerman suggested that we table this until those conditions are met and added that he was also not satisfied with the covenant regarding the easement. Mr. Berner stated that this is only a conditional, final approval and respectfully pointed out that at the time that this is signed by the Mayor and the County Public Works Department, tine conditions must be on there to be approved. This matter has been before this Board for more than a year and it seems to me that no matter how many times revisions are made, the Board asks for something else and we always comply. 11 July 20, 1993 0048461 Trusted Zuckerman maintained his position that the conditions be met first. In addition, the Tree Preservation Plan has only recently been submitted and the residents have not had a chance to review it and make suggestions as to what the final tree plan should be. There should be some public input. Mr. Berner pointed out that an expert was hired to do this Tree Preservation Plan. Mayor Cresenzi stated that the Tree Ordinance states that if a tree is less than 10 inches in diameter, 4 feet from the ground, unless it is a specimen tree, which is identified in the plan, the homeowner has the right to move the tree. If they are larger than the 10 inches they are not allowed to be removed under the tree ordinance. Mr. Watson questioned if it was true that there was not a storm drain system for that street and if the drainage from Messina Lane would go into that stream, as he did not see it on the plan. Mr. Rotfeld stated that there is quite an extensive storm drain on the street. Mr. Watson stated that it is fair for people to understand that this new street that is being constructed has storm drains, and a storm drain system, but that storm drain system does not go into any municipal, under the street, permanently contained, type of storm system. It eventually goes back into the street. He added that it was his understanding that in order for the Zoning Board of Appeals to make a decision on the waiver of minimum lot depth, which it did in May, that all property owners within 200 feet of the proposed subdivision had to be notified by certified mail. Quite a few of us were notified, but there is one property owner present tonight who was not notified because he had just purchased his property and the records have not been updated. He has fallen between the cracks, so I don't know where the responsibility lies with that, but there are two property owners who own property within 200 feet of the subdivision and are not on Mr. Berner's notification list. Was the Zoning Board of Appeals Hearing properly notified and does this matter have to be referred back for proper notification? There are people here who feel that they were not notified and their interests have been affected. There is some question as to whether or not the 200 feet is the appropriate radius. There is a provision in the subdivision regulations which states that no reduction to be handed in the lot depth shall exceed 20% in an R-20 zone. The reduction in minimum lot depth for lot 7, that was granted by the Zoning Board of Appeals is 37 feet by 150 feet, which is almost 25%. It does definitely exceed 20% which to my reading is all that the Zoning Board of Appeals is allowed to grant. So lot 7 in that case does not conform and I would submit that it is pointless to consider certain questions because some of this will have to be redrawn to comply with the existing law on the books. Attorney Powell stated that the issue about the minimum lot depth comes out of the zoning law and allows the Board of Trustees, in connection with a subdivision approval, to reduce certain lot dimensions by 20%. That is a problem which is incurred upon the Board of Trustees in connection with subdivisions, however the variance which is by the Zoning Board of Appeals is not covered by that law. The Zoning Board of Appeals has the authority to vary the provisions of the Zoning Law, irrespective of that restriction which applies to a subdivision approval that is before the Board of Trustees in my opinion. 12 004347 July 20, 1993 Attorney Powell added that in reference to the notice issue, Mr. Circosta and I reviewed the Zoning Law when we read the letter and it appears on that 200 foot notification, there was no legal requirement that we could find, however, the Zoning Board of Appeals decision, which was rendered on May 4, 1993 has a limited period of time for persons to challenge that decision which is thirty days. That thirty day period has now expired, so that decision stands. Trustee Zuckerman stated that he was not so certain that the requirement that certain people be notified was not legal. If people who should have been notified were not notified, than I have doubts that any decision will be valid based on the jurisdictional question that cannot be raised and is not subject to the thirty day period. If these people had all been notified, and the thirty day period had expired, then I would agree with you that any decision rendered would not be subject to appeal at this time. Mr. Watson stated that it would be difficult for an uninvolved resident to appeal the Zoning Board of Appeals decision within thirty days since no one was ever notified when it was, unless they happened to have attended the meeting, given the fact certain people were notified of the meeting, they could not possibly have attended it. Mr. Watson questioned if the Zoning Board of Appeal's authority was separate from and overrules the Board's authority, and if they are empowered to do things that the Board of Trustees are not empowered to do. The technicalities of this process and the accumulation of many of these small things gives the residents in the area the feeling that we are not being listened to. No one has spoken in favor of this subdivision, other than the professional hired by the developers. Frederick P. Clark Associates comments that the setback on the culdesac cannot be accommodated by the site as it is a matter of geometry and the size of the lot and nothing the owner can do about it. The requirement for the setback on the culdesac is in there to prevent exactly what the Messina's propose to do, which is to jam a culdesac down the middle of the property in a way that does not allow minimum lot depth on either side to protect the property owners on the two sides, which is why that regulation is there. We have no showing of excessive hardship or any special circumstances, meaning that this subdivision should be granted in a form other than that which complies with the law as it has existed since the Village was formed. He further questioned if this is the way the Board wants to respond to the many resident letters asking that the subdivision not be approved in this form. Trustee Solomon agreed with Trustee Zuckerman and stated that in the past, if we approved a project where not all of the conditions were met prior to the approval, it seems to come back to haunt us. Mayor Cresenzi stated that we should close the public hearing and go through these conditions because unless we can decide which conditions are acceptable, we are never going to go forward. 13 004848 July 20, 1993 On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following vote was made to table the resolution: TRUSTEE DALY NAY TRUSTEE PELLINO NAY TRUSTEE SOLOMON AYE TRUSTEE ZUCKERMAN AYE MAYOR CRESENZI NAY Mayor Cresenzi directed Administrator Russo to read each condition and then have a discussion to follow. Administrator Russo read each of the conditions and the following comments took place: Trustee Zuckerman commented on 5a and stated that he has not seen the 50 foot right of way identified on the official plat to the satisfaction of the Director of Public Works. Mr. Rotfeld stated that we will show this on the official plat. If the general intent is what we have, we will finalize it. Trustee Zuckerman stated that he was not an expert planner nor an engineer. He suggested that Mr. Rotfeld draw it, submit it to the Director of Public Works, in consultation with Frederick P. Clark Associates and we will either approve it or not when it comes back to us for final vote. Administrator Russo read 5b which referenced the access being from King Street only. Mr. Rotfeld stated that it was impossible. Trustee Zuckerman stated that in other words, if this resolution was passed today, the developer would say they couldn't accommodate 5b, which is exactly his point. Mayor Cresenzi stated that this resolution was worked on by the Planner, Mr. Berner and Attorney Powell and if discrepancies arise, lets find them and regulate them. The intent of 5b is that we are going to drive over a road that comes onto King Street and if we need to change a word to correct the intent, we should do so now. Trustee Zuckerman questioned where item 5e came from. Mr. Rotfeld stated that it came by way of a memo from the Westchester County Planning Department. Trustee Zuckerman questioned what 5d meant. Mr. Berner explained that it meant that when the road is dedicated, you will have an easement if the Village wants to take care of the storm drains or the utilities. 14 July 20, 1993 00484) Attorney Powell added that once the subdivision plat is filed, the owner has the right to sell the properties and if there are easements over those properties, they come with the dedication. Trustee Zuckerman stated that this comes out of the subdivision regulations and he would like to see it on the plat before it is approved. Trustee Zuckerman added that had the Tree Preservation been submitted two months ago, all the residents would have had a chance to look at it and comment on it. Trustee Solomon stated that he only received his Tree Preservation Plan on Sunday evening so he has only had a day to review it. Trustee Daly questioned what the problem was with item number 7. Trustee Zuckerman reiterated that the Tree Plan is only recently submitted and there should have been more comment in the last thirty days so that the residents would have had a chance to review it. Mayor Cresenzi stated that in the past, the procedure was that when a Tree Preservation Plan is requested, it is prepared and then submitted to a consultant, hired by the Village, to review it and the recommendations come back from the consultant to us. Trustee Zuckerman stated that after we receive information from the consultant, then we should have the public hearing so that the public could comment on it. Trustee Solomon questioned if our consultants are the end all authority on everything. Do they not make mistakes? Mayor Cresenzi stated that things are relatively clear and perhaps we have to change a few words but that is why we are going through this whole thing in an informal matter. I have trust in my staff's capability to perform their jobs and I feel that this staff would perform to the utmost of their capability to see that the wishes of this Board are served. I object to people saying in a round about way that we don't have any faith in our staff or our consultants. Trustee Solomon stated that you have faith to a certain extent because you can have consultants who look at things in black in white and when you live here in the community, you are responsive to your residents and everything is not black and white, it has a rainbow of colors and it needs to responded to as such. Mayor Cresenzi stated that he agreed with Trustee Solomon stating that it is called a gray area, which is why this Village Board sits in judgement to make a decision based on the facts in front of them. 15 July 20, 1993 004850 Trustee Zuckerman stated that what he has said has been mischaracterized as any kind of criticism of the Village staff, as he has the utmost respect for each staff member. The fact is that we need public input to help us render decisions. I just want to vote on something in the final form rather than having something subject to greater discussion. I am actually trying to protect the staff who are going to make this decision by having all the information up front so that when the Building Inspector is ready to sign off, there won't be any criticism. Mayor Cresenzi stated that he agreed with Trustee Zuckerman on the issue of Public input, as our Public Hearings go on for hours so that all persons can comment. Some Villages run meetings and close the public hearing, call for a motion and a second, the Board would discuss it and call for a motion. The public would then have a chance to comment at the end of the meeting, after the fact, which is a terrible way to run a meeting. Trustee Zuckerman stated that in reference to item 8, he would like to see the instruments, prepared by Mr. Berner, be submitted to the Village Attorney and be open for comment prior to the matter being finalized. Mayor Cresenzi stated that it seems as though Trustee Zuckerman does not trust Attorney Powell to review the document. Trustee Zuckerman stated that he completely trusts Attorney Powell and explained that the point he is trying to make with regard to the easement is that it affects all of the property owners and I would respectfully request that the property owners be able to review those documents so that they can be put at ease. Mr. Berner stated that the Village Attorney was given the authority to work with the developer to try and create a covenant and an easement, so that should be enough. Trustee Zuckerman informed Mr. Berner that all public records should be available to the public. The only reason that this is here is because the Watson's and the Rand's objected to it and brought it to your attention. At least they should be aware of the fact publicly that these actions are being taken so that everyone is satisfied that we are all getting the right thing. Mayor Cresenzi stated, upon the request of Mr. Watson, that the developer shall comply with a noise regulation limiting construction between the hours of 8:00 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 3:00 p.m. on Saturdays with no construction to take place on Sundays. Chief Santoro questioned how the Police Department would enforce this time change, as the law does not state this. Mayor Cresenzi stated that tonight we are just changing the hours for this particular project, however, overall we should convene the hearing and change the work ordinance time period throughout the entire Village. Trustee Zuckerman stated that the culdesac minimum setback was is waived in reference to a 200 foot minimum center line radius. How does that compare with the 150 feet. 16 004851 July 20, 1993 Attorney Powell stated that there are two waivers, one being the minimum setback, the other being the turning setback. The regulations call for a 200 feet minimum center line radius and the waiver is only 250 feet. II Trustee Zuckerman stated that basically there are two waivers in the paragraph. Mr. Berner pointed out that when they were told that they needed a Tree Preservation Plan, they obtained the services of Mr. Horseman and had the plan hand delivered to the Village of Rye Brook Office on Wednesday at 2:30.p.m. If Trustee Solomon did not receive it until Sunday evening, that is an internal problem. After a short recess, the Board returned to the Meeting and all members of the Board agreed to table the Messina Subdivision Resolution until the August 17, 1993 Meeting. Trustee Zuckerman stated that he would like to get the plan as finalized as possible and make sure that the residents input is heard. He added that he would hope that the issue of the easement can be ironed out and hopefully move forward with this project. Mr. Berner stated that he is looking for the direction of this Board as to what we need to do to get this project approved. Mayor Cresenzi suggested that Mr. Berner work with Mr. Horseman, Frederick P. Clark Associates and Mr. Circosta on resolving the Tree Preservation Plan and then have it up front in the Building Department at least 10 days prior to the next Village Board Meeting so that any residents who wish to review it may do so and any comments that they have, be submitted to the Director of Public Works in writing, which will then be referred to the Village Board. Mark Harmon, a resident of Hillandale Road stated that there is a level of distress building because he has not heard the issue of the propriety of granting a waiver addressed at all at this meeting or the meeting in June. Why are we granting a waiver when the zoning laws as they are written and whatever their requirements may be are the only thing that we have in the Village to protect ourselves and to secure ourselves. We haven't had any compelling specification shown as to the need for the waiver and have not heard any demonstration as to what is in it for the Village if we grant a waiver. How many similarly situated parcels there are which are going be adversely affected by the decision you make. When you grant this waiver, you are going to be starting a precedent for any other waiver or application that comes before the Board and I am hearing down the road of the conditions that we are going to be looking at. The thing that we should be looking at is why we are granting a waiver to begin with. He was very angry and stated that he is waiting to hear what is in it for the Village to grant a waiver. Every time we grant an exception or a waiver to the Zoning Laws, we create another infringement of what they protect. Every time we grant a subdivision for less than what the zoning law says we give everyone else in that position the right to come in and say they want to do it also. What are we, as the Village, getting in exchange for granting seven building lots and why do they need seven building lots. Maybe there are justifiable reasons for saying yes, other than that we can do it and it isn't so bad after all. The longer we go down the road of talking about the conditions the more and more we are going to grant it with those conditions. 17 July 20, 1993 004852 Trustee Zuckerman pointed out that Mr. Harmon was speaking of the culdesac waiver, and not the variance from the Zoning Board of Appeals. Mr. Harmon stated that short of a legal challenge regarding the 200 foot requirement by somebody who might have been entitled to a notice and didn't receive one the Zoning Board of Appeals decision is binding and final and the thirty day period is finished. I am not within 200 feet, maybe if I am within 500 feet and if I go and do some research and donate time for a litigation, which I doubt I am going to bring, is a dead issue in terms of the community but the Zoning Board of Appeals decision has nothing to do with an independent application made for a waiver. That is a decision that the Zoning Board of Appeals can't grant and it is up to the Village Board of Trustees. That is an independent decision that the Board of Trustees should be making. Mayor Cresenzi thanked Mr. Harmon and stated that this item would be tabled until the next Village Board Meeting. PUBLIC HEARINGS 1. 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 Trustee Pellino suggested that the Village Board open and adjourn the Public Hearing on sign law and pick it up at the August 17, 1993 meeting. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the public hearing was adjourned to the August 17, 1993 regular Village Board Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER Mayor Cresenzi suggested to adjourn the public hearing to the August 17, 1993 Board Meeting, due to some lengthy questions with regard to the contract. 18 004853 July 20, 1993 On Motion made by Trustee Pellino, seconded by Trustee Solomon, the public hearing was adjourned to the August 17, 1993 regular Village Board Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Pellino announced that on Tuesday, July 27, 1993 at 7:30 p.m. there will be a public worksession with our Liaison Board and the Liaison Board from the Village of Port Chester regarding Fire Services. The meeting will be held in the meeting room and the public is invited to attend. Mr. Lanzilli questioned how high the building is going to be, because it is much more than two stories. He also questioned why the grades behind Mr. Benvenuti's home are being changed so dramatically. Mr. Benvenuti stated that the parking lot that is currently there, is equivalent to the floor here now. When the new parking lot goes in, it will be higher than the exit sign. When we look out, our windows, all we will see is a stone wall. He questioned if it was necessary to go that high. Mr. Lanzilli suggested that the Board come and look at this site to see exactly what is going on. The first story is over the top of Rye Ridge. Trustee Solomon stated that he visited the site yesterday and he does not know if this is on the building plan, but it is vastly different. Trustee Zuckerman questioned if it would be possible to hold a special meeting to go over the plans with Mr. Circosta to review this. Trustee Daly suggested, with no disrespect to Mr. Circosta, that we have Frederick P. Clark Associates go over there and see what can be done before anything is built on this property. I don't want to go there in a week and already have all these things built. Mr. Benvenuti stated that they cut the branchesoff of two of his trees that hang over the shopping center and he called the Police to stop them before they cut his trees down. Trustee Daly stated that they are talking about upgrading this dirt, because they will have a lot of water and run off. Mayor Cresenzi stated that we can all meet here and go over the plans and then go over to the site. Exactly the way Mr. Benvenuti described it, that was what was on the drawings when we approved them the night of the Public Hearing. Trustee Daly suggested that we also invite one of our Planners to be there. 19 004854 July 20, 1993 Mr. Lanzilli stated that it is 80 feet wider, it is taller and it just so big. He added that the way that he and his neighbors we were made to understand this project, it was going to be two stories in the back, one story in the front and we asked Mr. Gissen how high approximately this building was going to be and he said 27 or 28 feet high. This thing is way higher than that. Trustee Daly reiterated that she would feel more comfortable if we had Tom Gissen visit the site tomorrow. Mayor Cresenzi stated that he looked at the drawings closely that night and that was what was on the plans when he approved it and there has been no deviation from the plans. They have been inspected regularly. We have been doing our job and that building is going up according to how the plans were drawn. Mr. Sabia stated that the houses in that area are mostly one family houses which are low and if you raise that rade five feet u you will be looking into the second story of one of these Y g P+ Y g Y houses. Before you pass something like that, you should have looked at the impact that this type of a building would have on the surrounding community. Mayor Cresenzi stated that those elevations are on the drawings that were submitted. Mr. Lanzilli stated that during the planning stage, it was said that it was going to be a two story building and now it is over 40 feet high. Mr. Sabia stated that not only the fact that it is high, it is close. The Bowling Alley was 70 feet away and this structure is very close. If you go over to Garibaldi Park and stand on the Baseball Field and if you look up, you can see it. Also, unfortunately this Summer has been very hot and warm and many people are enjoying being out on their patio, but this Summer, we don't have that luxury because we have to listen to people banging and because there was no water put down on the property, itself, there is dust flying all around. Your idea about changing the Noise Law, is a very good one. Mayor Cresenzi stated that we would be setting a public hearing date for the Noise Law we will be discussing it in great detail. I would like to see that law changed to 6:00 p.m. for Commercial projects, such as Merritt & Holby and the Messina Subdivision, but somehow, I would like to allow someone that is doing a garage renovation or something similar who doesn't get home from work until 6:30 p.m. be permitted to work until 8:00 or 8:30 p.m. We have to make the distinction of what is commercial and what is not. Trustee Zuckerman stated that we could make the distinctions based on new construction versus renovation. Mayor Cresenzi stated that we need to differentiate between someone who works home and someone who is building a commercial dwelling. Trustee Daly stated that she would still like to see Mr. Circosta speak to Mr. Merritt and organize a meeting. 20 July 20, 1993 s DO Mayor Cresenzi and the Board agreed to hold a special meeting on Tuesday, July 27, 1993 at 5:30 p.m. at the Village Office to discuss the Merritt & Holby project. Trustee Zuckerman stated that the problem is, that if he is doing this in compliance with the codes, there is nothing we can do to change it. If he is not in compliance with the codes, and. builds the whole building, he might have to take it down. Trustee Daly stated that maybe he will be willing to change the grade, as Mr. Circosta stated. Mrs. Lanzilli stated that the saddest part of this whole situation is that the Village had competent people that understood what these plans meant. We don't know how to read these plans, they should have been explained to us from the beginning so we knew what we were up against. When we asked if this structure would be the same height as the bowling alley, we were told that it would be exactly the same. Mr. Sabia stated that the houses on Crescent, as far as he was concerned, are worthless. Mr. Benvenuti stated that his house is worth nothing also. Mr. Circosta stated, for a point of clarification, that there was a letter submitted regarding increasing the height of that wall at one time. If he lowers the grade, does that mean he will lower the height of the wall. Trustee Solomon stated that in speaking as a layman, the letter about the wall was predicated on the thought that this building was not going to be the monster that it has become. He added that he depended upon the professionals who know the building area to let him know how large this building was going to be. He had no idea that this building was going to look like this and was amazed when he saw it and can't believe that he voted for it. He added that he felt like he made a mistake, based on ignorance and now his friends and neighbors are ruined because he didn't know enough to ask some of the questions that should have been asked. The wall is now going to be too high,_so just take that letter and throw it away. Mayor Cresenzi directed Attorney Powell to work on a local law amending the section of the Village Code pertaining to hours of construction. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: 21 004,356 July 20, 1993 RESOLUTION SETTING PUBLIC HEARING DATE RESOLVED, that the Village of Rye Brook Board of Trustees will hold a Public Hearing on Tuesday, August 17, 1993 at 8:00 p.m. at the Village Offices, located at 90 South Ridge Street, Rye Brook, NY to consider adopting a Local Law amending Chapter 158 of the Code of the Village of Rye Brook to establish hours during which construction equipment may be operated. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATIONS 13. JOSEPH DESANTIS, SR., GENERAL CHAIRMAN COLUMBUS DAY CELEBRATION COMMITTEE RE: COLUMBUS DAY PARADE Administrator Russo read a letter requesting permission to use Hawthorne Avenue as the staging area for the Columbus Day Parade. There was also a request made for $750.00 towards the Columbus Day Celebration Committee and last year we gave them $150.00. Administrator Russo suggested that perhaps we could make a decision on that tonight also. Trustee Solomon suggested that we okay the Hawthorne Avenue staging area and that the Village of Rye Brook contribute $500.00 this year. Trustee Daly stated that $500.00 is too excessive. Mayor Cresenzi stated that last year we contributed $150.00 and the year before we contributed $50.00. Trustee Solomon stated that the Village of Port Chester is giving them $1,500.00 and based on the fact that we are a third of the population, I thought $500.00 was reasonable. Trustee Daly questioned how much the Village of Port Chester contributed towards the Blades Hockey Team, nothing. Trustee Solomon stated that it doesn't make it right. Trustee Daly agreed, however the Village of Rye Brook Board of Trustees are going to be leaders not followers of the Village of Port Chester and she questioned what the rest of the Board felt. 22 I 004857 July 20, 1993 Trustee Zuckerman stated that he would compromise to $250.00 and the rest of the Board agreed. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution is hereby adopted: RESOLUTION USE OF VILLAGE STREETS FOR THE COLUMBUS DAY PARADE AND DONATION TO THE COLUMBUS DAY CELEBRATION COMMITTEE RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the use of Village Streets and approves $250.00 as the donation amount to the Columbus Day Celebration Committee for 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Chief Santoro questioned if there should have been discussion about the Police Departments' participating in the Hawthorne Avenue staging area. Chief Santoro stated that we only have one Auxiliary Police Officer. Trustee Solomon questioned if we could ask for some help from the Port Chester Auxiliary Police. Mayor Cresenzi replied no because they are out of our jurisdiction. Chief Santoro stated that it was his understanding that Port Chester was going to be using them for their parade traffic down below, so they have freed up more of their people because they are not going to be staging on Monroe, Perry or Breckenridge, they are going to be staging it in Rye Brook. In the past, we just blocked off Bowman Avenue with our people and auxiliaries when the parade started and now, we have to block off and maintain traffic on Hawthorne for the entire staging period. Trustee Zuckerman questioned what efforts have been made to increase the number of auxiliaries. Chief Santoro stated that right now, we have just found out about a school, which starts in six days, so we don't have enough time to do the background. The new application was made and was passed on to the Board for review and input. We have taken in a few applications and one of them is a County temporary Police Officer, however, currently, he is committed to working, so we couldn't use him. 23 004308 July 20, 1993 14. MARIE & THOMAS FLORIO 1 RE: THANK YOU! I Administrator Russo read a letter from Mr. Florio, who thanked the Village's Police Department and Ambulance Corp for all their help. Trustee Solomon stated that Mr. Florio recently passed away and if anyone wanted to send a card if they haven't already done so it would be nice. He suggested that we forward a copy of this letter to the Ambulance Corp. Trustee Pellino questioned if it would be appropriate to put a message on the Government Access Channel that we are seeking qualified volunteers to serve on the Rye Brook Auxiliary Police. Mayor Cresenzi stated that we have used that method before and it was very effective. ADJOURNMENT Mayor Cresenzi adjourned the meeting at 11:45 p.m. Respectfully submitted, 044 /1�b1 Elizabeth Bottali Secretary to the Village Board 24