HomeMy WebLinkAbout1992-08-11 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
REGULAR MEETING
AUGUST 11, 1992
8 : 00 P.M.
J RESOLUTIONS ACTION
1. AMENDMENT TO EMPLOYEE,
BENEFITS & POLICIES PACKAGE
RE: SEXUAL HARASSMENT
2 . ENTERING INTO AGREEMENT WITH
ELMENDORF ENVIRONMENTAL, INC.
ASBESTOS SURVEY
ANTHONY J. POSILLIPO COMMUNITY CENTER
3 . ENTERING INTO RENEWAL AGREEMENT WITH _
WESTCHESTER SHORE HUMANE SOCIETY
JUNE 1, 1992 - MAY 31, 1993
4. AWARDING CONTRACT #9204
RESURFACING OF VARIOUS ROADS
5. CHECK REGISTER
6. ENVIRONMENTAL DECLARATION
ASHGROVE REALTY
DISCUSSION
7. LOCAL LAW #3-1988
LOT AREA COVERAGE
8 . RYE HILLS PARK STUDY COMMITTEE
REPORT/PRESENTATION
9 . PORT CHESTER HIGH SCHOOL AREA
PARKING RESTRICTIONS/SCHOOL ZONE SPEED LIMIT
SPECIAL REPORT
I
, APPROVAL OF MINUTES
10. JULY 7, 1992
NEXT MEETING DATES
AGENDA MEETING - SEPTEMBER 8, 1992 - 8 : 00 P.M.
REGULAR MEETING - SEPTEMBER 22, 1992 - 8: 00 P.M.
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004-41. J
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
AUGUST 11, 1992
8: 00 P.M.
CONVENE MEETING
The Meeting was called to order at 8: 05 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 R. 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 Powell, Village Attorney
Joseph Cortese, Village Treasurer
Robert J. Santoro, Chief of Police
Thomas Gissen, Frederick P. Clark Associates
Thomas Hroncich, Superintendent of Recreation
Elizabeth Czajkowski, Secretary to Village Board
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i
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August 11, 1992
RESOLUTIONS
1. AMENDMENT TO EMPLOYEE, BENEFITS & POLICIES PACKAGE
RE: SEXUAL HARASSMENT
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
following resolution was hereby adopted as amended:
RESOLUTION
AMENDMENT TO EMPLOYEE BENEFITS & POLICIES PACKAGE
RESOLVED, that the Village of Rye Brook Employee Benefits and
Policies Package adopted by the Village of Rye Brook Board of
Trustees on September 27, 1988, and amended on June 26, 1990,
February 26, 1991, and January 14, 1992 be hereby further amended
to include a Section Number 30 entitled "Sexual Harassment. "
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
SEXUAL HARASSMENT POLICY
The Village of Rye Brook strongly disapproves of and does not
tolerate sexual harassment of any kind. All employees must avoid
offensive or inappropriate sexual behavior at work and are
responsible for assuring that the workplace is free from sexual
harassment at all times.
The Village of Rye Brook's policy prohibits (1), unwelcome sexual
advances; (2) requests for sexual acts or favors, with or without
accompanying promises, threats, or reciprocal favors or actions;
and (3) other verbal or physical conduct of a sexual nature made to
an employee when submission to such conduct is made either
explicitly or implicitly a condition of an individual's employment;
submission to or rejection of such conduct by an individual is used
as the basis for employment decisions; such conduct has the purpose
or effect of substantially interfering with an individual's work
performance; or such conduct has the purpose or effect of creating
an intimidating, hostile or offensive working environment.
Specifically, no supervisor shall threaten or insinuate either
explicitly or implicitly that any employee's submission to or
rejection of sexual advances will in any way influence any
personnel decision regarding that employee's employment,
evaluation, wages, advancement, assigned duties, shifts or any
other condition of employment or career development.
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August 11, 1992
Other sexually harassing conduct in the work place, whether
physical or verbal, committed by supervisors or non-supervisory
personnel is also prohibited. This includes repeated unwelcome
sexual flirtation, advances, propositions, graphic verbal
commentary about an individual's body, sexually oriented statements
and the display in the work place of sexually suggestive objects or
pictures.
Any employee who has a complaint of sexual harassment at work by
anyone, including supervisors, co-workers, or visitors is urged to
bring the matter to the attention of the Village Officials so that
we may investigate and deal with the problem. Employees may bring
their complaint to their supervisor. If the complaint involves
someone in the employee's direct line of command, or if the
employee is uncomfortable discussing the matter with his/her direct
supervisor, the employee is urged to go to another supervisor with
the complaint or to the Village Administrator.
The Village will investigate all complaints and will endeavor to
handle these matters expeditiously in a professional manner so as
to protect the offended individual.
Violation of this policy is grounds for discipline, including
discharge.
2. ENTERING INTO AGREEMENT WITH ELMENDORF ENVIRONMENTAL, INC.
ASBESTOS SURVEY AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman,
the following resolution was hereby adopted:
RESOLUTION
ELMENDORF ENVIRONMENTAL, INC.
ASBESTOS SURVEY
ANTHONY J. POSILLIPO COMMUNITY CENTER
RESOLVED, that the Mayor is hereby authorized to enter into
agreement with Elmendorf Environmental, Inc. of Elmsford, NY, to
conduct an Asbestos Survey at the Anthony J. Posillipo Community
Center, located on Garibaldi Place; and be it
FURTHER RESOLVED, that the total fee for services shall not exceed
$2, 200. 00 and shall be paid for out of the Recreation Trust &
Agency Account.
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004116
August 11, 1992
Mayor Cresenzi commented that this a survey of the existing
building to determine if asbestos exists in or around the structure
and if so, to what extent. Westchester County requires that we
provide this survey. The $2, 200. 00 does not include the removal,
only the survey of the property, Mayor Cresenzi added.
Trustee Zuckerman questioned if we have ever used this firm before
and if not, how did we obtain their services.
Administrator Russo explained that this is the first time we are
using Elmendorf Environmental, Inc. The Village solicited
proposals from a variety of firms and after reviewing each of them,
we found through our deliberations and discussions with this
particular firm, that they were the best.
Trustee Daly questioned where the $2, 200. 00 charge came from, as
the samples cost approximately $1, 000. 00.
Administrator Russo stated that there are testing costs that will
not cost more that. This includes testing, results and samples.
Trustee Daly questioned what the section pertaining to hourly
billing rate meant.
Administrator Russo explained that this means that we are paying
for their travel time during the process of the job only.
Mr. Heller questioned if this money was allocated or will be an
additional charge.
Mayor Cresenzi replied that this is within our budgeted number,
which has always been in the $750, 000. 00 range. We already have
estimates and the suspect areas are the roof, shingles, floor tile
or some minor pipe covering that may have been used in that time.
We do not anticipate an abundance of asbestos to exist.
Mr. Brown stated that the structure used to be an old Carpenter's
shop, which was originally gutted. There could not be much
asbestos inside, he added.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
4
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August 11, 1992
3. ENTERING INTO RENEWAL AGREEMENT WITH
WESTCHESTER SHORE HUMANE SOCIETY
JUNE 1, 1992 - MAY 31, 1993
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following resolution was hereby adopted:
RESOLUTION
WESTCHESTER SHORE HUMANE SOCIETY
JUNE 1, 1992 - MAY 31, 1993
RESOLVED, that Mayor Salvatore M. Cresenzi is hereby authorized to
execute an Agreement on behalf of the Village of Rye Brook with the
Westchester Shore Humane Society for providing animal control
services to the Village of Rye Brook, for a one-year period of
time, commencing June 1, 1992; and be it
FURTHER RESOLVED, that pursuant to the terms of said Agreement, the
Village shall submit the total sum of $14,500 to the Society;
payable in quarterly installments of $3 , 625.
Administrator Russo explained that this has not been increased in
the past three years and this year will remain the same.
Trustee Solomon questioned if we looked into sharing this service
with both the Village of Port Chester and City of Rye.
Administrator Russo stated that this was reviewed last year and
there was no consolidated way to do it for less money than what we
are spending now. The New Rochelle Humane Society wouldn't be able
to charge any less than the Westchester Shore Humane Society. We
jointly got together with Port Chester and Rye to look into
consolidating these services and we held meetings with New Rochelle
and also Westchester Shore Humane Society. They have been strapped
by other cutbacks and are operating on a shoestring. Their price
has not gone up in four years and they have also been very
cooperative with us. We have more of a handle on them than in the
past with their signing in and signing out.
Trustee Pellino questioned if we have any record as to who did this
service before Westchester Shore Human Society. According to the
attached letter it says that we have used their services for the
past 19 years.
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August 11, 1992
Administrator Russo explained that Westchester Shore Humane Society
did this for the Town before it was a Village, so that is the only
record that we have. It may have even been done by a Dog Control
Officer before them.
Trustee Pellino questioned if we are required to do this by State
Law and if we have any flexibility to cut down patrols on our own.
Can we set the schedule ourselves as long as we meet a minimum
requirement, Trustee Pellino questioned.
Administrator Russo stated that we could probably cut down the
level of service, however we really did brainstorm this last year
and the problem that the Humane Society has is that they run two
vans and two drivers. Cutting us back to one day of service
doesn't afford them the flexibility to cut one whole van and one
person. This would not save us any money in the contract and they
would not have a choice to charge us less than the $14, 500 that
they do now.
Trustee Pellino questioned if there was anyone else that we could
go to.
Trustee Solomon questioned if we have ever considered doing this
in-house.
Administrator Russo stated that we considered doing this last year,
jointly with the three communities and found that we would need to
purchase a vehicle and also to fill a full time position. We could
not provide this service any cheaper.
Trustee Zuckerman questioned how many incidents we have on the
average.
Administrator Russo stated that we have at least three a month.
Trustee Pellino stated that it seems that we have not collected an
appreciable amount of money to offset this expense.
Administrator Russo repled that Trustee Pellino was correct. He
suggested that we should look into what is the legal minimum
requirement that we are obligated to provide.
Mayor Cresenzi stated that if we found that this would mean a
change, we would still have a problem with who would provide the
service.
Trustee Zuckerman questioned how many communities have these
services.
August 11, 1992
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0014
Administrator Russo stated that almost all, however even the
communities that have their own dog catcher contract with Humane
Societies for harboring animals.
Trustee Zuckerman questioned if we could speak to someone in the
County and see about having this provided County-Wide. Aside from
the larger cities, communities such as ours, Port Chester, etc,
should really be investigated and possibly we could obtain some
savings that way. The individual communities might be assessed
less money.
Mayor Cresenzi stated that it is something that we should look
into.
Chief Santoro pointed out that we are using Westchester Shore
Humane Society for many other things besides dogs and cats. They
have helped us with Raccoons, Possums, Squirrels and Deer and work
very well with us. They serve about four communities and in the
past two months we have probably had 9 wild animal incidents and
they are not on days that Westchester Shore Humane Society were
scheduled to be working in Rye Brook.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
4. AWARDING CONTRACT #9204
RESURFACING OF VARIOUS ROADS
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the
following resolution was hereby adopted:
RESOLUTION
AWARDING OF CONTRACT #9204
RESURFACING OF VARIOUS ROADS
WHEREAS, proposals for the resurfacing of various roads and known
as Contract #9204 were obtained by eight (8) vendors; and
WHEREAS, on Thursday, August 4, 1992, six bids were received and
publicly opened and read; and
WHEREAS, thereafter the bid documents were reviewed by the Village
Administrator and Village Attorney.
NOW, THEREFORE, HE IT
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August 11, 1992
RESOLVED, that E.L.Q. Industries of Mamaroneck, NY is hereby
awarded Contract #9204 at the total bid price of $364, 651. 00; and
be it
FURTHER RESOLVED, that the Village Administrator is hereby
authorized to execute an agreement with E.L.Q. Industries in
connection with Contract #9204.
Trustee Pellino stated that this major road resurfacing project
represents a commitment made by this Board to set up a balanced
cohesive approach to maintaining the integrity of our Village
Roads. This is something that this Village has needed for a long
time.
Trustee Solomon added that the Board took into consideration that
there are many people out of work and many people looking to bid on
this and we are getting a large part of our Village resurfaced at
what we consider very low dollars.
Mr. Heller questioned what roads were going to be repaved and if
they would be using asphalt or a substitute.
Mayor Cresenzi stated that 95% of it will be asphalt and there is
a list of the roads which can be obtained from the Village Office.
Administrator Russo explained that Rye Hills will be a totally
separate project and is not part of this project. The water
problem will be dealt with separately.
Mr. Brown questioned if they are going to regrind the roads.
Mayor Cresenzi stated that they will put in a cushion course and
the lower depression areas will be filled in and brought up to
level and then there will be a hot asphalt surface put on.
Trustee Zuckerman stated that when we passed the budget at the
beginning of the year an item of discussion was the possibility of
a bond issue to cover our paving needs over the next several years
and this is the first contract pursuant to that. This is a long
range commitment on the part of this Board to continuously upgrade
and maintain the roads throughout the Village.
Mayor Cresenzi stated that he was in constant contact with the
utility companies and tried to get as much advance information on
digging up the roads as possible. On the utility repairs that take
place in the Village, we are going to be updating our
specifications on the type of pavement and the way the pavement is
restored, which has been a weak spot in the past. By doing this,
we will not make the same mistakes that were made in the past.
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044"I'J
August 11, 1992
Mr. Brown suggested that they seal around the repair joints.
Mayor Cresenzi stated that in Westchester County, they never seal
the repair joints, however, that will be a change in the
specifications.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
S. CHECK REGISTER
On Motion made by Trustee Pellino, 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: #5049-5096
Hand Checks: 10056-10059
Payroll Checks: #7613-7730
Environmental: #355-356
Recreational Trust #573
(Birthday Run)
Capital: NONE
Recreational Trust NONE
(Building Fees) :
NOW, THEREFORE, BE IT
RESOLVED, that this 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
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August 11, 1992
Mayor Cresenzi stated that item #6, pertaining to Ashgrove Realty,
will be dealt with later on in the meeting, after having an
Executive Session with the Village Attorney to discuss some ongoing
questions.
DISCUSSION
7. LOCAL LAW #3-1988 ENTITLED: LOT AREA COVERAGE
Mr. Gissen, of Frederick P. Clark Associates, briefly discussed a
memo regarding the impacts associated with changes to Local Law #3-
1988, which establishes lot coverage. Chapter 66, also known as
the Zoning Law, supplementary regulations and the schedule of
regulations establish where one may put a house on a residential
lot and how far back one can go from the front, side and rear lot
lines. This law was created in part to limit the amount of
coverage and size of structures one can put on their property.
This law has been adopted by many municipalities because as land
values have increased, people tend to put larger homes on their
properties. Setbacks were originally established to create an area
within which one might put their home. Local Law #3-1988 states
that in the R2F zone that your home may cover no more than 30% of
the lot and be within those lines and, in addition, you can have a
small accessory structure such as a barn, garage or a tool shed.
It could be much closer to the lot lines but it must be limited in
size and cannot impact the neighbors property. The rear yard area
is thought to be for recreational purposes. A request was made to
the Village Board to consider an amendment to this law that would
allow a person to borrow from the percentage of lot coverage for
the principle residence and add that onto the accessory structure
so that it can be larger than just 5% of the property. In the R2F
Zone, the lots are 5, 000 square foot lots and 5% would mean an
accessory building with a 250 square foot footprint of 10 by 25 per
building. Our office provided an analysis of the impacts of that
for the Village. Essentially, the two major pitfalls that we saw
with an unrestricted permission to borrow would have two impacts:
one, you might end up with a very large structure on your property
line, imposing on the neighbor, and two, you may end up with a
large structure on the rear yard area, which will eliminate usage
on recreational activities and push them to the front yard area.
These are the potential problems if you are going to allow
borrowing of lot coverage, Mr. Gissen concluded.
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August 11, 1992
Trustee Pellino stated that in the smaller zoning areas in this
Village, particularly the R2F district, a situation could develop
where an individual could lose either their main building or
accessory building to either fire or storm and run into a
restriction in rebuilding to the original specification. There is
a current rule that says that if more than 50% of your structure is
demolished, any new buildings put in it's place would have to
conform to current zoning. In districts where land area is a
premium, such as R5 and R2F, there may be an element of unfairness
in the way we apply Local Law #3-1988 . This has to do with
allowing the homeowner to construct those buildings back to their
original specification. We should put a maximum on the amount of
borrowing that one could do, because we do not want the accessory
building to be as large as the main building.
Mayor Cresenzi stated that regarding the problem of fire or storm
damage, that would only apply to an existing non-conforming use.
If your property is conforming, you can build it exactly the way it
was and also change it according to our current zoning. We wrote
this into our Zoning Code for the purpose of trying to remove the
non-conforming uses so that everything would eventually conform to
the Zoning Code that was adopted in 1954 .
Mr. Martinetti stated that we are speaking of R2F and R5 zones and
anyone who knows the area, also knows that on paper, the formulas
work fine, but now, they restrict the existing accessory building
and do not allow you to rebuild them to the original size if they
are destroyed. We are allowed a two car garage, but a two car
garage is not 250 square feet, as it is not big enough. There are
probably over 18 two car garages on Hillcrest Avenue. If you have
to rebuild the structure, you would have to have destroyed more
than 50% of the assessed valuation. The area in question,
according to the assessors map has nine empty lots. You do not
want to overbuild on those lots. Currently there are structures
with accessory buildings that are around 500 square feet, which is
10% of the lot. Most of the older homes in that area have
unattached buildings that are approximately 10% of the lot. Where
do those homes stand that are already in existence? The Law
itself, is good, providing you have the square footage, but for
those in the R2F and R5 zones, they do not have the same luxury.
There is no way to get a two car garage in 250 square feet. He
suggested 10% of the lot coverage maximum on an accessory building
and 30% maximum on a main structure with a total of 35%, with 10%
max on one and 30% max on the other.
Mayor Cresenzi stated that we are discussing accessory buildings,
not garages. The Accessory building can be used anywhere from
storing lawn equipment to vehicles.
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August 11, 1992
Mayor Cresenzi stated that the reason 5% was chosen, was because
under the current Zoning Code, which was developed in 1954, an
accessory building was allowed to be built within five feet of •a
rear or sideyard property line. The Zoning Code Update Committee
felt that 250 square feet was large enough. It is a subjective
number, but given the size of the lots in the R2F and R5 zones,
which are roughly about 50 by 100 or 5, 000 square foot lots, the
number was developed to protect the rear and sideyard neighbors
from having large structures built very close to their property
lines.
Trustee Zuckerman questioned if any survey has been done regarding
the number of non-conforming lots in the R2F and R5 zones in the
Village. It may be a good idea to do this and find out if a
majority of our residents have a lot coverage that exceeds what is
currently on the books, because if we already have a vast number of
accessory structures that are non-conforming and may approach the
10% than we will have a different problem than if we only have a
few. If everyone has this, there will not be a problem in altering
the law for R2F and R5 as opposed to altering the law if there are
very few. The Village Board of Trustees are very sensitive to the
residents developing and using their own property and we are trying
to see whether the needs of individuals can be accommodated while
doing the best for the Community as a whole.
Mayor Cresenzi stated that no survey has been done to his
knowledge.
Trustee Solomon stated that he agrees with Trustee Zuckerman and
stated that if setbacks seem to be a problem there should be a way
to increase them so that they are not so close to the neighbors
property lines.
Mayor Cresenzi. stated that given ,the size of the lot being 50 by
100, we do not have much flexibility to increase the setbacks,
however, it is something that we can look into as it is an area
well worth exploring. Mayor Cresenzi questioned how many Zoning
Board applications have come before the Board regarding variances
for Accessory buildings and also what the approval and denial rate
has been in these two zones that we are speaking of.
Trustee Zuckerman stated that the fact that there is not much land
means that each square foot is possibly more dear to the residents
than the land in an R-20 Zone. It takes more planning to get an
occupancy that satisfies the resident. We are only considering
this for the R2F and R5 zones.
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August 11, 1992
Trustee Pellino pointed out that the 30% maximum on the main
structure is a good and fair size for that district and it should
j not at all be changed. In no case should the main structure exceed
j 30%, however where it does not come up to the 30%, perhaps we can
add flexibility for people in those districts to bring their
accessory buildings up to a point where they would not exceed the
intended building envelope on their lots. Therefore, whether or
not accessory structures are on the lot, the main structures should
never exceed 30% In those cases where it is less than 30%, we can
allow the property owner the flexibility to bring an existing
accessory structure or possibly a new accessory structure up to a
point where, in total, they would not exceed 35%, but in no case
would the main building exceed 30%. Trustee Pellino further
explained that in a scenario where an individual is currently at a
rate of 26% of his allowable coverage for the main structure, the
remaining 4%, or whatever that square footage may be, that
individual may want to extend or construe an accessory structure.
He feels that it is possible to somehow afford the property owner
the flexibility of taking some of that 4% in the main building
coverage and applying it to either an existing accessory structure
or a proposed new accessory structure.
Mayor Cresenzi stated that he was concerned with the mass of the
structure and it's proximity to the side and rear property lines.
Trustee Zuckerman stated that we can also limit the amount of
taking so that the size of the accessory structure would never
exceed 10%. If you had a main structure that was 18% you wouldn't
j want to add the remaining 12% on because you would then have an
accessory structure that would be much larger than the main house.
You would have to limit the size of the accessory structure to a
certain percentage.
'I
Mayor Cresenzi pointed out that Local Law #3-1988 deals with lot
area coverage and is treated in the same manor as any Zoning Code
in the Village, which means that residents can appeal to the Zoning
II Board for relief from this. We understand that people who own
property have the right to develop, but it is the Board's
responsibility to minimize the impact on the surrounding neighbors
and neighborhood.
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004426
August 11, 1992
Mr. Martinetti stated that he would like to work with Trustee
Zuckerman on gathering information. He added that he already has
quite a bit of paperwork gathered.
Mayor Cresenzi asked Mr. Martinetti to stop by the Village Office
so that we can make copies of this information for the Village
Board to review.
S. RYE HILLS PARR STUDY COMMITTEE REPORT PRESENTATION
Marlene Adler, Co-Chairperson of the Rye Hills Study Committee
stated that they have worked together for about two years and have
now tallied the surveys that went out in the Fall Newsletter and
have submitted their reports to the Village Board and Recreation
Commission. The basic concept is that park should be refurbished
and, most importantly, be automobile accessible so that all
residents can use it, and it would be easier for the Police
Department to patrol the area. The existing and original features
of the park should be replaced, repaired, and refurbished. These
features include the Playground, Basketball Court and Playing
field. Almost 40% of the people who responded to the survey never
even heard of Rye Hills Park. Ms. Adler pointed out that we would
need to advertise events at that Park so that residents will know
that the park is available to them. Also, the Committee spoke of
developing some new features at the Park to attract people. We
came up with the idea of emphasizing an area for Pre-Schoolers, as
our other parks are geared toward older children. In the past, the
basketball court was used for Ice Skating, which we do not suggest
you do in the future because the lift on the basketball court,
which allowed the water to stay in, was only to be used for playing
basketball. It is their understanding that there is a way to
create a natural slope, to flood it so that an area can be skated
upon. It would be a nice idea for when the weather permits. There
are also opportunities for the nature trail, which is not a common
thing in the Village. We would like to see the trails developed,
which is attractive to walkers and joggers. We would like to have
more plantings in the area which would create important community
support by having residents donate a tree, or adopt a tree. We
understand that all budget areas are tight, but if maintenance is
not kept up, anything that is done will quickly deteriorate. As a
citizens group, we have gone as far as we could possibly go and we
ask the Board to first, consider this as a concept and then if
approved, to vigorously pursue the opening of an access road and
hire a professional landscape architect or recreational consultant
to work with the Recreation Commission and members of this group to
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prepare a more specific plan for public review.
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0442 i
August 11, 1992
j Mayor Cresenzi thanked the entire committee for the tremendous
amount of time that was dedicated to this and the hours that were
spent in compiling the data and putting it together into a report.
i
Trustee Daly questioned when the access road will be ready.
Mayor Cresenzi stated that the Village Board must determine that.
The public right of way is in place and the Board can at any time
authorize this.
Trustee Zuckerman questioned if it would be possible for the
Committee to furnish the Trustees with a map of the park and it's
facilities which currently exist today.
Mr. Paniccia stated that there is a map included in this report,
which is dated July 7, 1992 .
Trustee Zuckerman and the rest of the Board stated that they did
not receive the report of July 7, 1992.
A member of the Committee handed out extra reports, as they were
not distributed to the Board members prior to the meeting.
Trustee Solomon questioned if the Frederick P. Clark Map identifies
what type of trees presently exist.
Mr. Paniccia stated that what was done by Frederick P. Clark in
this area was very preliminary. They still need to have a
topographical survey and a physical survey of meets and bounds.
The information that was used in the past was either very old or
incomplete. Initially, the Village Board should authorize spending
some money to do the very preliminary engineering work that needs
to be done.
Trustee Solomon stated that right now we are considering taking
bids to do that survey at that park. We might want to look into
this.
Mr. Paniccia added that the park is not level and is relatively
hilly.
Trustee Pellino stated that for those that do not know the history
of the Park, there was a very large structure on what is now a
relatively flat field type area. There were tunnels and a basement
underneath the structure which went from the Nobil School to a
carriage house which was on the extreme end of the property,
somewhat near the Hidden Falls Development. So, potential
underground hazards may exist.
15
004.4 J
August 11, 1992
iMr. Paniccia stated that if the problems that Ms. Adler spoke of
are taken care of, the park will be more inviting to residents and
will also become accessible to Police Department for patrolling of
the area.
i
Trustee Zuckerman questioned if the Committee considered possibly
combining uses with Crawford Park.
Mr. Paniccia replied that the Committee discussed this and stated
that Crawford Park is larger, has better access, restrooms and a
Pavilion. The Committee felt that Rye Hills Park should serve
different functions than Crawford Park. The equipment will be
suited for smaller children and there are nature trails. We also
need another multi-purpose ball field to support a multitude of
events such as Day camp. We feel that this park fell into
disrepair because it is isolated and has no direct access for the
Police or Village Maintenance people. In the past, there has been
vandalism to various homes in the area and the Police were unable
to catch the vandal because they would cut through the park where
vehicles were unable to go after them.
Mr. Szczypkowski added that Crawford Park came after the Rye Hills
Park which was donated to the Town in 1972. There used to be a
good access road from Ridge Street, which fell into disrepair.
When Crawford Park became available two years later, they had
easier access in terms of parking. We also took into consideration
that the overall parking could take place at Crawford Park.
Trustee Zuckerman stated that by reading the report, he felt it
indicated that the uses that are being suggested are very similar
to the report that was done by Roland, many years ago.
Mr. Szczypkowski added that the survey that went to every household
asked for comments from the residents.
Mayor Cresenzi thanked the Rye Hills Park Study Committee again,
and apologized for the mix up in the reports.
Tony Martinetti stated that changing a neighborhood park into a
large park and bringing in an access road to open it up will only
bring problems to the area residents. It hurts to see a small
little neighborhood park be turned into something larger.
A member of the Rye Hills Park Committee informed the members of
the audience that Rye Hills Park is the largest piece of land owned
by the Village.
16
004431
August 11, 1992
Mr. Paniccia added that the property is already a park so the use
is not going to be changed. We are only recommending upgrading the
area. More use of the park would also promote better security and
better maintenance.
Mr. Brown enlightened the audience about the property, which was
originally owned by Mr. Price. In the area of Maple Court, there
were a tremendous amount of large Pine Trees that separate the
Hilton from the residents. When that park was originally taken on,
there were 62 acres from the Hilton property when they developed
the land. It was put along side of the Crawford property, because
Mrs. Crawford had already made arrangements to give her property to
the Town of Rye. When that area was developed, it was developed as
a private park and was landlocked. The road that Mr. Szczypkowski
was referring to was the old service road to the carriage house and
the mansion. That road got into such disrepair that there was
nothing that we could do as far as maintaining it. The last thing
that was brought up that road was muck that came out of the
dredging of Rock Ridge pond, when they decided to dredge it for
flood control. When that park was complete, we went and sought
permission from Mrs. Crawford to add an entrance at the end of the
road on Ridge Street, this road was only large enough for a pick up
truck and that is how the property was maintained.
9. PORT CHESTER HIGH SCHOOL AREA
PARKING RESTRICTIONS/SCHOOL ZONE SPEED LIMIT
SPECIAL REPORT
Chief Santoro stated that the Port Chester High School had
requested that the Rye Brook Police Department and the Rye Brook
Traffic Commission look into enacting a resolution "No Parking Here
To Corner" , due to many accidents and problems in the area. The
Traffic Commission came up with a recommendation a few months back,
but the Board asked that they re-evaluate a few other streets in
the area, which we did. We also recommend that the School Speed
Limit sign on Bowman Avenue be dropped down to 15 Miles Per Hour,
due to the 5th graders moving to the Middle School. A change in
the speed limit may need to be discussed with Westchester County as
well, however, the School and the Traffic Commission agreed on 15
MPH.
Trustee Zuckerman questioned what the reason was for the "No
Parking Here to Corner" signs.
Chief Santoro replied that the reason was really line of site. The
roads are narrow and they are currently parking, is as close to the
intersecting street as they could get and when trying to make a
turn, you are blinded. Because of this we have been getting quite
a few minor accidents.
17
August 11, 1992
Trustee Zuckerman questioned if there wasn't any reason that we
should have No Parking School days on all of these streets and
address the whole parking situation in this whole area going from
Ridge Boulevard to Maywood Avenue.
Chief Santoro stated that the Traffic Commission only addressed the
two problems that they had, the Windsor Road complaint with the
school problem and the problem at the intersections. He added that
on Saturdays, during football season, the whole area is filled with
cars right up to the stop sign.
Trustee Solomon stated that if we make that whole area around the
High School No Parking 8am-4pm on School days then the kids will
park along the field, which is where they should be parking to
begin with.
Mayor Cresenzi stated that as long as they allow children to drive
to school, there is no way to prohibit that.
Trustee Zuckerman stated that it is the Village Board's job to
protect the residents.
Mayor Cresenzi stated that first we should deal with these
restrictions and then evaluate the impact and see what the parking
problem turns out to be. If we need to expand the No Parking zone,
we can then review it and do so.
Trustee Zuckerman stated that we should refer it to the Traffic
Commission to do an ongoing study now, to be aware of the problem
and monitor the situation.
i
Chief Santoro stated that the Traffic Commission does an excellent
job, however, the Police Department will monitor this and if there
is a problem, we will get back to the Village Board. He added that
he understands that the residents in the area have problems, but
the school has been there a long time and there are many residents
! that attend that school.
On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the
following resolution was hereby adopted:
RESOLUTION
PORT .CHESTER HIGH SCHOOL AREA
PARKING RESTRICTIONS/SCHOOL ZONE SPEED LIMIT
RESOLVED, that Article III, Section 240-18 of the Village of Rye
j Brook Code entitled "Vehicles & Traffic" be hereby amended to
include "No Parking Here to Corner" on the following streets.
18
I
004436
I
August 11, 1992
i 1. On Hillcrest Avenue, north and south side of Hillcrest.
2 . On Maywood, north and south side.
3 . On Neuton, east and west of Hillcrest.
4. On Neuton, east and west of entrance and exit to Port
Chester High School.
5. On Neuton, west of Tamarack and east of Valley Terrace.
6. On Neuton, west of Valley Terrace.
7. Sign on College Avenue and Tamarack to be moved West.
i
8. On College Avenue, east of Windsor.
I
and be it;
FURTHER RESOLVED, that No Parkins shall be permitted on Tamarack
Road, north of the Port Chester High School parking lot, to College
Avenue (wall) on the east side and a 15 mile per hour speed limit
in a Westerly Direction on the North side of Bowman Avenue
beginning 400 feet West of South Ridge Street and continuing for
1, 125 feet; and be it
FURTHER RESOLVED, that there will be a School Zone Speed Limit of
15 MPH in an Easterly Direction on the South side of Bowman Avenue
beginning 1, 525 feet West of South Ridge Street and continuing for
1, 125 feet.
Mr. Martinetti.questioned what the legal low limit that a Village
can impose on a Village Street is.
Chief Santoro replied that the legal low speed limit is 15 MPH for
School Speed limit, regular Traffic is 30 MPH on Village Roads and
40 MPH on County Roads.
Mr. Heller stated that the farther away that the cars park, the
further those kids have to walk and vandalism will increase. The
parking problem will just move into other neighborhoods. The cars
should be kept as close to the school as possible.
19
004411
August 11, 1992
Mayor Cresenzi stated that the Chief of Police has already assured
us that he would keep these problems in mind while patrolling the
area and see if there are any further problems.
j Mr. Heller stated that they are pushing the traffic into another
Community and it is not fair to not consult Port Chester first.
The traffic will impact the Park Avenue Elementary School students.
Rye Brook should work in conjunction with Port Chester to correct
this problem.
i
Trustee Solomon stated that the relatively small amount of areas
that we are restricting parking on will cause parking to take place
along the Ryan field, which is where it should be to begin with.
There are traffic monitors at the Park Avenue School every morning
and afternoon. Students have always parked along Windsor and
Tamarack Road, however, this particular adjustment is not a
drawback to the High School students or the Park Avenue children.
We need to compensate the residents in the area who have had to put
up with the students parking in front of their homes for many
years, littering, and many other things. This is legislation which
is long overdo.
Mr. Martinetti stated that the two Police Departments should get
together with the High School Administrators and somehow restrict
all of the students from bringing their automobiles to school.
Perhaps they could only allow Seniors to bring their automobiles to
school and issue them parking permits. This would definitely cut
the problem down.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
APPROVAL OF MINUTES
10. JULY 71 1992
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman,
the Minutes were hereby approved as amended.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
20
00 :
August 11, 1992
i
Rick Buzin, of the Rye Hills Park Committee questioned where they
stood as far as their presentation. He sent the copy of their
findings to the members of the Recreation Commission and have not
received any type of feedback from them. Tonight, after presenting
this to the Village Board we received a Thank You, but no
direction. We did our work, Mr. Buzin stated, and questioned if he
is released from this job.
Mayor Cresenzi joked that when you Volunteer, you are committed for
life, therefore, Mr. Buzin is not released. The Board will discuss
this and read the materials that were presented this evening. We
need to have discussions with Mr. Circosta, Director of Public
Works, regarding the road access and we also must have an accurate
field survey of Rye Hills and a good map in order to move forward
in any way. We will also need to get in touch with the Recreation
Commission and will seek their input. We will all work together on
this. The first step is the road, because if there is no access,
it will not be utilized.
Trustee Pellino added that the map is more important than the land,
because it is already there for the road.
Mr. Brown stated that on King Street and Lincoln Avenue, the grass
is almost three feet high. There is also a dead ash tree in front
of 10 Bishop Drive. Also, Pine Ridge Circle, in the vicinity of
Loch Lane, there is a home on the corner, where the grass is three
j feet high. This is right across from Viola Nelson's home on Loch
Lane so it is a surprise that the Village has not already been
informed.
Mr. Benvenuti stated that at the meeting prior to this one, he
presented two items to the Board and is expecting an answer this
evening. He presented a picture of the two illegally parked trucks
and questioned if the Village has dedicated these two parking
spaces or any other spaces at 200 South Ridge as public parking
spaces because, if they have not, the trucks are parked there
illegally. He also had questions pertaining to Local Law #2-1992 .
Mayor Cresenzi stated that Attorney Powell has reviewed Mr.
Benvenuti's concerns and will address them this evening.
Mr. Benvenuti questioned if these spaces have been dedicated.
Attorney Powell explained that whether they have been dedicated or
not, is not the issue. It is a C1P Zone and one of the permitted
uses is a parking lot for motor vehicles, but not for storage of
used or new motor vehicles for sale or hire. The parking of trucks
in that zone is a permitted use. The property maintenance law does
not apply to commercial zoning.
21
004-4::1
August 11, 1992
Mr. Benvenuti stated that he did not understand.
Attorney Powell restated that one of the permitted uses in that
Zone is the use of a parking lot, except for storage of vehicles
for sale or hire.
Mr. Benvenuti asked the Board to read page 6633 of the Zoning Law
which states that they cannot park the trucks unless they are doing
business on the site or a worker is working on a building on the
site. If it is not a public parking area, they cannot park there.
He added that they are also paying rent.
Mr. Gissen stated that this section relates to required parking.
It restricts the required parking to not be used by someone else
making it unavailable for the purpose of which it was approved.
once the shopping center is built, the trucks will not be allowed
to park there because if they need a certain amount of parking
spaces, they will not rent them out at the risk of violating their
site plan.
Trustee Solomon stated that currently this is a C1P Zone and
currently that is the permitted use for that area.
Attorney Powell stated that at the last meeting an issue came up
regarding the reciprocation of the Numbering Law, which provides
for the numbering of the each property, the visibility from the
street and several guidelines as to the numbering sequence.
Attorney Powell, continued that in section 4 a provision regarding
the authority of the Director of Public Works to number properties
where a number currently does not exist and those properties which
do have a number, but are not in sequence with the numbering
system. Attorney Powell explained that properties which already
have numbers are not required to be renumbered by this law. In
section 4c, it clearly states that the Director of Public Works is
required to assign numbers to homes which do not have a number, and
is also required to utilize the guidelines of the Village, with
some exceptions. Section 4d had to do with the changing of
existing numbers and that does not require the Director of Public
Works to renumber, but it authorizes it in certain specific
instances, which are for example, when the existing numbers
constitute a material deviation from the numbering system of the
Village or neighboring properties or whether the existing numbers
are duplicative of existing numbers of properties on the same
street. The law as to the numbering of properties authority is not
a mandate, but it grants the Director of Public Works the right to
renumber.
22
00443
!
! August 11, 1992
i
Mr. Benvenuti stated that Attorney Powell is all wrong. He added
that he spoke to a person at the State of New York, who agrees with
him. They screwed up Roanoke and now they are screwing up the
whole entire Village.
Mr. Martinetti stated that this law gives the Director of Public
Works full discretion. It is not very fair, because it was done on
Roanoke and will not be done anywhere else.
Trustee Zuckerman restated from the last meeting, that the basic
intent was to provide a numbering system for new construction and
by extension it would also provide for houses or lower lots that
are presently unbuilt. It is not contemplated that the law would
require renumbering of very many houses in the Village, only where
there is a material deviation. He added that he would personally
construe that to mean where we do not have a proper odd/even
sequence or houses that are not sequential, for example, 3 , 5, 19,
11, would be a material deviation. He further stated that he did
not think that the entire Village would be renumbered, it is not
contemplated and as far as the authority of the Director of Public
Works, he also does not contemplate renumbering the houses and we
should also be aware that there is a right of appeal for any house
that is numbered, to the Zoning Board of Appeals. We do have
ongoing construction in various areas of the Village, where houses
! will need to be numbered, and they should be numbered according to
a scheme of numbering that the Village sets up.
Trustee Solomon questioned who Mr. Benvenuti spoke with at the
State, so we can call and confirm what has been said this evening.
The Village Attorney is a human being and can make mistakes.
Mr. Benvenuti would not give a name, but said that Ed Dorsey stated
that the renumbering of the Village had nothing to do with 911, as
was stated being the reason in a letter from Mr. Gerardi, Asst
Building Inspector.
Mayor Cresenzi stated that these conversations all took place
almost word for word when we had the public hearing on this matter.
The Village Attorney was asked for his opinion and he gave one.
Residents have the right to disagree, however they were not
ignored.
Mr. Martinetti stated that what Trustee Zuckerman has said and what
the law reads is really not the same thing.
Mayor Cresenzi stated that Trustee Zuckerman's statement agreed
with that of Attorney Powell's statement.
Mr. Martinetti stated that he could not hear Attorney Powell,
therefore cannot disagree with his statement.
23
00 43
August 11, 1992
Trustee Zuckerman stated that the issue that Mr. Benvenuti just
brought up, has nothing to do with this Local Law and was
instituted prior to the adoption of the Local Law. Under the Law,
as written, that situation would not occur and that house would not
have been renumbered and that letter would not have gone out,
because consecutive numbering is not a standard of material
deviation under this Law. Had the numbers gone from 1, 3, 5, 17,
11, that would have constituted a change. But if the letters 1, 3,
5, 7, 11, would not constitute a change. In addition, they could
appeal this to the Zoning Board of Appeals and have a Hearing.
Mr. Martinetti questioned if this law has been filed with the
Secretary of State yet.
Mayor Cresenzi replied that it has not yet been filed.
Mr. Martinetti stated that anyone who received a letter dated July
31, 1992, does not even need to appeal because under this law, the
Village cannot enforce it. This law is a worthless piece of paper.
Trustee Solomon questioned under what authority, did Robert
Gerardi, the Asst Building Inspector have, at the time, to send
those letters out and change the numbers.
Mr. Circosta repled that he was working under the General Municipal
Law.
Trustee Solomon questioned what the problem was with that property
where the number was being changed.
Trustee Daly interjected that we are getting off the track.
Mayor Cresenzi stated that you would have to sit down and go
through the map as to why those numbers were changed. There was
proper judgement used in renumbering that street, although the
residents in that area disagree with the Village, they are free to
review the map that Mr. Circosta has.
Mr. Martinetti stated that the sequence is wrong. He added that
the residents on Roanoke Avenue have only accepted this grudgingly
and are tolerating these changes, but will not forget.
Mayor Cresenzi questioned if Mr. Martinetti was making a threat and
questioned what he was getting at.
Mr. Martinetti stated that the residents are not going to forget
what actually happened. The sequence of events on Roanoke Avenue
are not the same as what Trustee Zuckerman is pointing out.
24
0044 di
Trustee Zuckerman stated that the events that took place on Roanoke
Avenue, occurred prior to the adoption of this Law, so he agrees
with Mr. Martinetti that the sequence of events did not follow what
this law points out. Had this law been in existence, that sequence
of events would not have happened.
Mr. Benvenuti questioned what procedure was going to be followed in
the renumbering.
Trustee Zuckerman stated that we would follow the procedure that is
in the law when it is filed.
Mr. Martinetti stated that he got a copy of chapter 66 of the
Zoning Law and in looking through it, it seems that no one proofed
the Zoning Code.
Trustee Zuckerman explained that the Zoning Law is not in the
Codification as it is in the process of being updated by the Zoning
Code Update Committee. After the updating is completed, it will be
incorporated into the Village Code.
Mr. Martinetti questioned if we were still following the Zoning
Code of the Town of Rye.
Trustee Pellino stated that our current Zoning Law is the law that
exists in this Village today. The Zoning Code Update Committee is
in the process of reviewing that law and is preparing
recommendations for the Village Board to act on making additions,
changes and deletions to that Law. They will present different
sections of the Code at a time to be reviewed. Once that is done,
the Zoning Code will eventually become part of the overall Code of
the Village. We are in the process of preparing to present to the
Village Board recommendations on changes, additions and deletions
to the PUD Ordinance, Sign Ordinance, Swimming Pool Ordinance and
the Fence Ordinance.
Trustee Zuckerman added that before this is done, there will be a
Public Hearing on each section of the Code as it is proposed to be
changed.
Mr. Martinetti questioned if anyone proofread this after it was
transposed from Chapter 66, of the Town of Rye Zoning Law, because
it should be identical.
Mayor Cresenzi stated that since 1982 , there have been specific
individual changes to the Zoning Code so it would not read word for
word.
25
H 4 :1910
August 11, 1992
Mr. Heller stated that the Codification process lasted for many
months and there were many deletions and additions. He questioned
if these changes have been proofed by all of the Board members to
make sure that when they passed it the first time that the proper
changes were included.
Administrator Russo stated that all the changes are at General Code
Publishers and must come back to the Village Board to review.
Mayor Cresenzi added that the Board would review all the pages one
more time and Mr. Heller would get a second shot.
Mr. Heller also questioned if topographical studies and surveys
were done since 1972 at Rye Hills Park.
Mr. Circosta stated that topographicals were done as part of the
Rye Town Tax Map procedures and are available, but the survey, we
do not have.
Mr. Heller stated that there should be a survey from when the
Hilton dedicating the Park to the Village. He added that perhaps
the County has it on file.
Mayor Cresenzi stated that we did not have the survey. He added
that he would like to get a stakeout to visually see exactly what
we have and then have a clean map produced.
Mr. Paniccia, a member of the Rye Hills Study Group stated that any
surveyor would check with the County before starting a survey.
Mr. Heller stated that the plants and flowers in front of the
Village of Rye Brook Offices need to be taken care of.
Mayor Cresenzi explained that the Village does not take care of the
property, the owner of the Building is responsible.
On Motion made by Trustee Zuckerman, seconded by Trustee Pellino,
the Board adjourned into Executive Session at 10: 55 p.m. to discuss
Ashgrove Realty.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
The Board returned to Public Session at 11: 50 p.m.
26
004441
August 11, 1992
6. ENVIRONMENTAL DECLARATION - ASHGROVE REALTY
On Motion made by Trustee Pellino seconded by Trustee Daly, the
following resolution was hereby adopted:
RESOLUTION
ENVIRONMENTAL DECLARATION ASHGROVE REALTY
WHEREAS, application has been made to the Board of Trustees of the
Village of Rye Brook for a change of zone and site plan approval by
Ashgrove Reality Corporation, as more specifically described in the
annexed Positive Declaration; and
WHEREAS, the Board of Trustees has determined that the proposed
action constitutes a Type I Action under the New York State
Environmental Quality Review Act, 6 NYCRR 617 of the New York State
Environmental Conservation Law; and
WHEREAS, based upon a review of the applicant's submitted
materials, the Village Board of Trustees has determined that the
proposed action maintains the potential for significant adverse
environmental impacts, as more particularly described in the
annexed Positive Declaration;
NOW, THEREFORE, BE IT
RESOLVED, that the annexed Positive Declaration is hereby adopted
by the Board of Trustees of the Village of Rye Brook.
Mr. Gissen explained that the applicant has made an application for
Site Plan and also is seeking to change the Zone from a Hotel
District to C1P. In order to move forward, this must be reviewed
under the New York State Environmental Quality Review Act. The New
York State Environmental Quality Review Act is also referred to as
SEQRA and is a fact finding process, so one will have the
information necessary to make a rational decision. It is required
by law to go through this procedure. The applicant has submitted
an Environmental Assessment Form. Based upon the Village's review
of that form and the plan, the Village has determined that this is
a type I Action, which means it requires a coordinated review with
other reviewing authorities.
27
0 4f:
August 11, 1992
Mr. Gissen added that the Village Board has previously determined
that they were the Lead Agency so that they may review it. After
becoming the Lead Agency and reviewing the materials, the Village
has determined that a Positive Declaration be made, which means
that there is a potential for significant adverse impacts
including, but not limited to: traffic impacts, visual impacts,
noise, impacts to wetlands, vegetation, the compatibility with
neighboring uses, land uses in zoning, existing retail within the
trade area for this proposed project and fiscal impacts on the
Village and other taxing authorities. In preparation for that, the
Planning Board will be holding an informal scoping session on
Thursday, August 13 , 1992 . The Village Board will have a formal
scoping session on Tuesday, September 8, 1992 . This is to identify
the issue that the Board ultimately will address in the EIS. The
purpose of the scoping session on September 8th is so that the
public and others can have input. The Village will be able to
decide what they will accept and reject. A draft Environmental
Impact Statement will need to be prepared for public comment. All
the comments will have to be responded to in the Final
Environmental Impact Statement.
Mrs. Chatman questioned if this was being referred to both the
Zoning and the Planning Board.
Mayor Cresenzi confirmed that Mrs. Chatman was correct.
Mr. Heller questioned if at the end of the Final Environmental
Impact Statement, the Zoning Site Plan will be included when the
FEIS is completed.
Mr. Gissen stated that according to the law, once you have
completed that, and after studying the applicants proposal which
has everything included, the approval authority has a limited
number of days -in which to make a decision or else it is deemed to
be in the affirmative. Therefore, once this process is completed,
the Board, within a relatively short period of time will be making
a decision. Mr. Gissen added that he is quite confident that the
Board will be considering all alternatives that the approval
authority might think to be more appropriate, such as a residential
component and a mixed use component. Those would have to be
addressed by the applicant and the impact of other developments in
the area compared with the impact of what the applicant is
proposing.
Mr. Heller stated that the Village Board is the Lead Agency. If
the Planning Board goes through their entire procedures and then
makes a recommendation to the Village Board and the Board
disapproves their recommendation, he questioned if you would still
need a Final Environmental Impact Statement.
28
j
00(1-4 4�
August 11, 1992
Mr. Gissen replied that a Final Environmental Impact Statement
would most definitely be needed.
Mrs. Sullivan questioned if at the Planning Board's scoping
session, comments will be heard from the residents.
Mayor Cresenzi stated that the Planning Board is an advisory Board
to the Village Board and it's scoping session does not have to be
in Public, however, it will be. There will also be the Village
Board scoping session to take place on September 8, 1992, where
comments will be accepted from the Public.
Mr. Gissen stated that under SEQR, the Village is not required to
invite the Public, since this does not have to be a public meeting.
Mrs. Steinberg questioned what the format of the Planning Board
Scoping Session will be and will the residents have any input.
Mayor Cresenzi stated that he does not know the Planning Board
Meeting format, however, on September 8, 1992 , the residents will
have input.
Mr. Circosta stated that the Planning Board felt that they would
discuss their concerns in Public to get their items to the Village
Board in the form of a group. The Public Scoping Session is with
the Lead Agency, which is the Village Board.
Mr. Gissen stated that technically the Planning Board's
recommendation of their scoping session, are no more binding upon
the Village than that of a letter from a resident or from the
applicant.
Trustee Zuckerman reiterated that there are certain members of the
Board that do .have great reservations with the project as it is
currently constituted and we will take all of the comments of the
residents into consideration.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
NEXT MEETING DATES
AGENDA MEETING - SEPTEMBER 8, 1992 - 8 : 00 P.M.
REGULAR MEETING - SEPTEMBER 22, 1992 - 8: 00 P.M.
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August 11, 1992
ADJOURNMENT
On Motion Duly made and accepted, the Meeting was hereby adjourned
at 12 : 00 a.m.
Respectfully submitted,
Eliz beth Czajk6wski
Secretary to the Village Board
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