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HomeMy WebLinkAbout1991-10-08 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING OCTOBER 8, 1991 7:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. EXXON SERVICE STATION CORNER OF RIDGE STREET AND BOWMAN AVENUE SECTION 1, BLOCK 20, LOT 7B2 APPROVAL OF SITE PLAN 2. ADOPTION OF VILLAGE OF RYE BROOK CODE PROPOSED LOCAL LAW #1-1991 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". RESOLUTION 3. SVETKO IVANOV 82 VALLEY TERRACE SEC. 1, BL. 6B, LOTS 6-12 REFERRAL TO THE PLANNING BOARD APPROVAL OF SUBDIVISION NEXT MEETING DATE REGULAR MEETING - NOVEMBER 12, 1991/AGENDA MEETING - NOVEMBER 26, 1991 ITEMS FOR OCTOBER 22, 1991 MEETING PROCLAMATION 1. NEW YORK STATE SCHOOL BOARDS ASSOCIATION SCHOOL BOARD RECOGNITION DAY OCTOBER 28, 1991 - NOVEMBER 1, 1991 RESOLUTIONS 2. WESTCHESTER COUNTY WOOD WASTE PROCESSING AGREEMENT 3. WESTCHESTER COUNTY COMPOSTING AGREEMENT 4. ARROWWOOD OF WESTCHESTER INTENT TO ACCEPT SEWER DEDICATION 5. BUDGET MODIFICATIONS WRITTEN COMMUNICATION 6. GEORGE W. PELEBECKY JR. , M.D. RE: POLICE OFFICER FRED GIOFFRE 00201 MINUTES OF AN AGENDA MEETING BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK OCTOBER 8, 1991 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 7:00 p.m. 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 Robert J. Ravich Trustee Randy A. Solomon Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Edward F. Beane, Village Attorney Elizabeth Czajkowski, Secretary to the Board Lori Ann DeMarco, Asst. to Village Administrator and Joseph Cortese were not in attendance at this meeting. - 1 - 002096 October 8, 1991 PUBLIC HEARINGS 1. EXXON SERVICE STATION CORNER OF RIDGE STREET AND BOWMAN AVENUE SECTION 1, BLOCK 20, LOT 7B2 APPROVAL OF SITE PLAN Mayor Cresenzi convened the Public Hearing at 7:05 p.m. Monroe Mann, Attorney for Exxon, explained that one (1) 3x4 foot sign will be placed on the corner of the property at Ridge Street and Bowman Avenue. Mr. Zanferdino, owner of the Mobil Gas Station, also located on Ridge Street and Bowman Avenue stated that when they applied for their signage at Mobil, they were turned down because of the necessity for a thirty foot setback on the corner and were not allowed to have any signs. Also at the time they were rebuilding their service station, an agreement was made to put an ID sign out on Ridge Street, but no signs were allowed on Bowman Avenue. He added that he would like to do the same thing and questioned why he was turned down and Exxon was not. Attorney Beane stated that this application conforms to all of the Zoning requirements, including setback requirements. Mr. Zanferdino stated that he had message unit signs on his islands that were set back thirty feet from the road, approved by Mobil and also a building sign which conforms to the regulation of the Village of Rye Brook, no more than 1 foot by 3 foot, a snaplock which showed items that were sold (snack sign) . He stated that Mr. Circosta told him he had to remove all the signs. Monroe Mann reiterated that this application is for one free standing sign and if Mr. Zanferdino would like to approach the Board regarding the Mobil-Station, he should do so after this Public Hearing. Mr. Mann added that the Mobil station just dislikes the fact that Exxon's price of gas is lower than Mobil's. Mayor Cresenzi stated that we are discussing a 3 x 4 free standing temporary sign, and the attorney has stated that it conforms to the rules and regulations of the Village and was approved unanimously by the Planning Board. Trustee Pellino questioned if this falls under the category of what is known as a temporary sign as it will be put out in the morning and taken inside in the evening. Is there a difference between a free standing sign and a temporary sign. Attorney Beane stated that it is a free standing sign that will be taken in every evening and is not temporary in the sense that it will be replaced by another sign in the future, it is just not permanently affixed to the station so it is really known as a freestanding sign. 2 - UU14W ZI October 8, 1991 Trustee Pellino questioned if the Mobil station has the right to apply for the same type of sign. Attorney Beane replied that the Mobil station has the right to apply for the same sign or any other sign. Attorney Beane stated that in essence we are granting an amendment to a special use permit to install the freestanding sign as depicted by the plan given to us by Exxon. That is all that Exxon has permission to do. They cannot install an additional sign or change the sign. Attorney Beane stated that all this application was for is to put one sign up. He added that Mobil is free to make an application to the Planning Board and the same requirements will be applied. Mr. Circosta explained that a Site Plan Process must be applied for, the same as Exxon. Attorney Beane stated that both stations are operating pursuant to special use permits. Under the applicable ordinances of the Village of Rye Brook, if anything is to be changed, including signage, one must apply to amend the special use permit, as Exxon is now doing. Trustee Pellino added that the special use permit is unique to the property, not to the use, meaning that it applies to the applicants property, not to all properties. Mr. Zanferdino stated that originally in 1966, he had, on the corner of his property, 5 by 8 Mobile ID signs but when the station was changed and the new pumps were put in he was told he must remove the signs. Attorney Beane explained that he was told to remove the signs because he was in violation of his special use permit. Even though he had the signs previous to the ordinance, he changed the station and put new pumps -in which is why he must now apply to amend his special use permit to put the signs back up. The same process was gone through with the Exxon Station. Mr. Zanferdino stated that the property remained the same, only the islands. Attorney Beane stated that this pertains to something called a Mon Conforming Use. As long as you leave it the way it was than you can leave it there forever but once you change it you must conform to the current Zoning. Trustee Solomon stated that the Board would not be able to solve Mr. Zanferdino's problem this evening, however he is more than welcome to come in the Village Office and sit down with the Board to try to solve this problem together. 3 - 0020 October 8, 1991 Mr. Zanferdino stated that he has been in the office before and gets the runaround every time. He also stated that according to our own Local Law, a 5 x 8 sign is allowed. Trustee Solomon stated that the Board would like some time to review through these Local Laws to better understand the matter. Eve Heyn, a reporter from the Daily Item, questioned how much the Village has spent on legal fees for this case. Mayor Cresenzi stated that at this time he did not have a figure. Attorney Beane stated that the Village was sued and did not initiate this. There were costs but they would have to check with the Insurance Company. on Motion made by Trustee Ravich, seconded by Trustee Pellino the application was approved. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE The Public Hearing was closed at 7:20 p.m. 2. ADOPTION OF VILLAGE OF RYE BROOK CODE PROPOSED LOCAL LAW #1-1991 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". Mayor Cresenzi reconvened the Public Hearing at 7:20 p.m. Attorney Beane stated that they ended with Chapter 215, Streets and Sidewalks. There were only three changes in this section. In Section 215-5 the word Clerk was changed to Director of Public Works as he is the person issuing the permits. In section 215-6 there is amended language. Mr. Heller questioned if this applies to homeowners also or if it is a public facility. Attorney Beane stated that any person who wishes to do sidewalk excavation must put up a bond. 4 - 002021 October 8, 1991 Mr. Heller questioned for example, if a person puts in a driveway and has to remove the sidewalk would they still need to put up a bond. Trustee Ravich stated that if an existing sidewalk was ripped up to put in a driveway and a sidewalk has to be replaced a bond must be put up. He added that there are not many sidewalks in the Village of Rye Brook to begin with. Section 215-8 is amended simply to delete the fee which was in effect in the old section which is $50 and is a reference to an amount set by resolution by the Board of Trustees. Section 215-9 is a new section which deals with emergencies. It states that in the event of an emergency the bonding is waived and if something must be done quickly it can. 215-11b is amended to read as is setforth in the section for safety reasons. Trustee Solomon questioned if there was an old oak tree on a corner, would it conflict with our Tree Preservation Law and which law would take precedence. Attorney Beane stated that there would be no conflict as there is an adherent safety valve in the Tree law which explains the procedure by which trees can be removed if deemed necessary. Chapter 215-13 was amended to give the Village discretion to remove such structures and to charge the owner back. Chapter 219 is regarding subdivisions. Section 21-B4 is changed to empower the Director Public Works to fix an amount for a performance bond and is based upon an estimate submitted to the department or to the Director of Public Works by the developers engineer. The final decision is made by the Director of Public Works. The developer must also cover the fee for the Village's engineering consulting services required for the proposal of a subdivision. This will be included in the fees schedule which will be adopted by the Board of Trustees. Trustee Solomon questioned if there were any formulas dealing with these fees that are going to be adopted. Administrator Russo explained that these formulas were already adopted and passed by resolution, we are now just adding it to the Code. Section 2188 pertains to the Village Board accepting a fee in lieu of recreation allowance. The amount of the fee is to be calculated as specified in the fee schedule which will be determined by the Board of Trustees with respect to each subdivision. The fee must be paid in it's entirety. - 5 - 00 't)''w October 8, 1991 21-h is a new section to ensure that the terms of the subdivision resolution as well as the notes on a file map will be included and considered in any conveyance of title. 21-k is an amendment that ensures that each purchaser will receive a copy of the subdivision resolution prior to the conveyance. This, coupled with the designation on the plat should solve many of the circumstances that have occurred in the past. 22-B2 consists of a minor language change. 25 deals with the inspection fee and leaves this to the Village Board's discretion. Attorney Beane stated that the fees will be in an appendix section and the Village Board will have the jurisdiction to update or modify the fees as circumstances change. Attorney Beane stated that two new sections were added, 219-27 & 28 which insure that all copies of covenants, deed restrictions, etc. have to be submitted by the subdivider to the Board of Trustees and the Village Attorney and be approved by both before the final subdivision or resubdivision is granted. Section B pertains to a title to land designated parks or recreation areas. Before the subdivision is approved the subdivider is obligated to submit whatever agreements necessary to the Village Attorney and the Board of Trustees for their approval. 29-28 obligates the subdivider to submit a copy of the full scale tax map which will lay out and locate the property as subdivided including all lots, streets, playgrounds and open areas. Mr. Heller stated that this was not clear and residents might interpret that they have to pay a recreation fee. Attorney Beane stated that he felt that it was very clear however he will look at it again and if necessary will put something in this section to make it clear that this the developers obligation is to either give land or a recreation fee. 219-46 states that the endorsement of the owner must be on the plat and approved by the Board of Trustees. 219-41G was added to make sure that notations and approvals as to the height of single family homes are clearly setforth on the construction drawings. Mayor Cresenzi stated that on page 21 949 in the code book there is a chart dealing with right of way widths and road widths. He stated that in all subdivisions that have come before the Village, we have changed the street width during the public hearing process to 28 feet, and in this book it states that it is 24 feet. He recommended that the subdivision regulation should be changed to 28 feet. 6 - 0020213 October 8, 1991 Mayor Cresenzi questioned where the type of curbing is described. Mr. Circosta stated that the design standards do not specifically state the type of curb, however a subsection could be added that deals with the type and standards that should be used in the design. Mayor Cresenzi recommended that we include concrete curbing in all the new subdivisions. For example, Hidden Falls is built with all concrete curbing. It is easier to maintain and gives us better control over the drainage system. Mr. Circosta stated that they should develop a standard sheet for road and cross section giving the widths, shoulders, etc. Mayor Cresenzi agreed and Attorney Beane stated that it would be incorporated. Chapter 22 4A Swimming Pool was amended only leaving the permit fee to be set by a resolution by the Board of Trustees and to be included in a fee schedule to be put at the end of the code. 224-8A deletes all references to the Board of Health being authorized to take samples to ensure compliance with these requirements. Attorney Beane added that in section 224-8B, private pools do not need to take samples. Mr. Heller questioned the section that applies to screening and fences, adding that it was not clear. Attorney Beane replied that it applies only to newly constructed pools. A stockade fence serves as a safety purpose, screening, such as plants, etc. serve a visual purpose. Mr. Heller stated that most people do not screen their pools properly and it must be enforced. Mayor Cresenzi stated that what we are discussing is inground pools. If we discuss a large above ground pool, screening is not required as the ladders fold up. How do you screen the ladder when it is folded up. Attorney Beane stated that the exclusions in 224-2 can be changed. Certain pools are excluded from this including inground pools and large above ground pools. The definition can be changed as to what is excluded. He added that if we limit the size and height of above ground pools and redefine the ones that are excluded we can deal with this problem. Mr. Heller questioned if a person has a pool in their backyard and the whole backyard is fenced in why would they have to screen the whole perimeter of the pool. - 7 - 0020 ' October 8, 1991 Attorney Beane stated that if there is a pool in a backyard that is totally fenced in, you do not have to screen it with shrubbery. Trustee Daly suggested that something should be added stating that a fence can be part of the screening. Attorney Beane added the wording "or solid fence". Mr. Heller questioned why seven items were needed to just put up a fence. He stated that it seemed there may be an easier way than a law as complicated as this one. Attorney Beane replied that it is not complicated, it cannot be made simpler as it will be more subject to people's discretion. Mr. Circosta added that it is also defined in the New York State Building Code. The Vehicle and Traffic Law section 240-28, parking on private property was addressed and was changed to empower the Board of Trustees to alter by resolution any traffic regulation providing that the change cannot be implemented without a Public Hearing conducted on not less than 10 days notice. Mayor Cresenzi questioned if there is a posted fire lane on school property and if it is violated, can the Village, for Public Safety reasons, enforce the fire lane. Attorney Beane replied yes, the Village can enforce the fire lane. In section 240-29 there was minor language deleted which dealt with fire lanes and parking restrictions based on the fact that they were superfluous. A few penalty sections were also modified. Attorney Beane stated that Zoning is a separate section which is still under study by the Zoning Update Committee. The appendix is the last section and the penalty sections were deleted because they are duplications of the penalty provisions that are going to be in Chapter 1 of this code. Section 83-5 was changed to state that any person who violates any provision of this chapter is subject to conviction or shall be punished by a fine not more than $250 for each violation. That is the maximum fine per violation. Section 140-3 which are corporate penalties are deleted. Local Laws shall take effect immediately upon filing with the Secretary of State, which means that when this is finally passed and sent to the Secretary of State the law is in effect. - 8 - 002022 October 8, 1991 Administrator Russo stated that there is an updating of the Senior Citizens tax exemption. Attorney Beane stated that the next step is to provide for a thirty day comment period. We will incorporate the changes that were discussed during this process. Also we will devise some rules dealing with fences and how it would be applied to above ground pools. Boats and Trailers and a few other matters will also need to be discussed. If any person would like to submit any comments, they have thirty days to do so. Attorney Beane briefly described the resolutions that are attached and part of the Local Law. On Motion made by Trustee Solomon, seconded by Trustee Ravich, the Public Hearing was adjourned at 8:25 p.m. and the thirty day comment period is to begin. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTION 3. SVETKO IVANOV 82 VALLEY TERRACE SEC. 1, BL. 6B, LOTS 6-12 REFERRAL TO THE PLANNING BOARD APPROVAL OF SUBDIVISION On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was adopted: RESOLUTION SVETKO IVANOV 82 VALLEY TERRACE SECTION 1, BLOCK 6B, LOTS 6-12 REFERRAL TO THE PLANNING BOARD APPROVAL OF SUBDIVISION WHEREAS, the Village Board of the Village of Rye Brook has received an application from Svetko Ivanov for a subdivision of his property at 82 Valley Terrace, Rye Brook, NY and known on the Official Tax Maps of the Village of rye Brook as Section 1, Block 6B, Lots 6-12; NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby refers this application to the Planning Board on this 8th day of October, 1991 for it's review and recommendation; and be it - 9 - (1)02026 October 8, 1991 FURTHER RESOLVED, that the applicant be required to maintain his existing balance in the Environmental Impact Account for planning and other consultant reviews, and should additional funds be required the applicant shall contribute further to the Environmental Impact Account. Trustee Solomon stated that he did not want to send this to the Planning Board without some assurances from the Builder that there will not be any blasting in this subdivision as there is a tremendous rock in the middle of the property. Also he would like to be assured that there will be no heavy equipment on the property, nor the removal of any trees on the property. Mayor Cresenzi stated that the blasting provisions are included in the planning process and the tree ordinance pertains to the removal of trees. During the Public Hearing phase we can deal with specific issues. Trustee Solomon stated that he would like the Planning Board to be advised of his concerns regarding this application. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE NEXT MEETING DATE AGENDA MEETING - NOVEMBER 12, 1991 REGULAR MEETING - NOVEMBER 26, 1991 Trustee Pellino informed the Board that he would be unable to make the Agenda Meeting on November 12, 1991. ITEMS FOR OCTOBER 22 1991 MEETING PROCLAMATION 1. NEW YORK STATE SCHOOL BOARDS ASSOCIATION SCHOOL BOARD RECOGNITION WEEK OCTOBER 28, 1991 - NOVEMBER 1, 1991 RESOLUTIONS 2. WESTCHESTER COUNTY WOOD WASTE PROCESSING AGREEMENT 3. WESTCHESTER COUNTY COMPOSTING AGREEMENT - 10 - 00202Y October 8, 1991 4. ARROWWOOD OF WESTCHESTER INTENT TO ACCEPT SEWER DEDICATION S. BUDGET MODIFICATIONS WRITTEN COMMUNICATION 6. GEORGE W. PELEBECKY JR. , M.D. RE: POLICE OFFICER FRED GIOFFRE Mr. Heller questioned the 6:00 p.m. meeting on October 22, 1991, and what it was for. Mayor Cresenzi stated that it was a personnel meeting and the regular meeting was to start at 8:00 p.m. Mr. Heller stated that the Elks Club property is for sale and maybe it should be considered to be purchased by the Village as it has a pool. Mayor Cresenzi stated that he was aware of this and the Villages' only interested in using the Elks Club is the pool for Day Camp. Mr. Heller stated that the Port Chester School Board is talking about converting the administrative section of the middle school to classrooms and will be looking for administrative space. He informed the Board that the Royal Insurance Company, the Red Brick Building behind General Foods on Bowman Avenue is currently being used as a warehouse. Perhaps the Village should start to pursue getting a hold of the Building as it is a good location. ADJOURNMENT On Motion made by Trustee Ravich, seconded by Trustee Pellino, the Meeting was adjourned into Executive Session at 8:30 p.m. for personnel litigations. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully Submitted, 1 gonia B Ao� 1�Kuit � Eliza eth Czajko sk Secretary to the Village Board - 11 -