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HomeMy WebLinkAbout1990-10-23 - Board of Trustees Meeting Minutes AGENDA VILLAGE BOARD MEETING OCTOBER 23, 1990 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. ST. PAULS LUTHERAN CHURCH (CONTINUED) COMLY AVENUE/KING STREET APPROVAL OF SUB-DIVISION 2. LARIZZA/CAPOCCI COMLY AVENUE LAND SUBDIVISION RESOLUTIONS 3. ADOPTION OF YOUTH COUNCIL CHARTER 4. APPROVAL OF UNITED CEREBRAL PALSY SITE PLAN 5. APPOINTMENT TO THE BOARD OF ARCHITECTURAL REVIEW - 6. APPOINTMENT OF CHAIRMAN OF THE ZONING CODE UPDATE COMMITTEE 7. DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED 8. CHECK REGISTER APPROVAL OF MINUTES 8. JULY 17, 1990 9. OCTOBER 9, 1990 HELP US LOWER TONNAGE - RECYCLE! 001736 MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK OCTOBER 23, 1990 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 6:00 p.m. in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Francis L. Filipowski Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Lori Ann DeMarco, Ass't. to the Village Administrator Elizabeth Czajkowski, Secretary to the Village Board Rocco V. Circosta, Director of Public Works was not in attendance at this meeting. i 001731 October 23, 1990 Mayor Cresenzi announced that before opening the Public Hearing section of the meeting, they would adopt the Youth Council Charter Resolution. The Mayor introduced Nancy Tunis, who is the Chairperson of the Youth Council and thanked her for attending. On Motion made by Trustee Daly, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following Resolution was adopted: RESOLUTION YOUTH COUNCIL CONSTITUTION RESOLVED, that the constitution of the Rye Brook Youth Council, dated October 23, 1990 be hereby approved and adopted by the Village Board of Trustees. Nancy Tunis stated that they were very excited, because they have several programs to share between the two districts in Port Chester. Also the Council is working very closely with the Youth Officer and both school districts and they are looking forward to great year. Mayor Cresenzi stated that it was a first step in the process of bridging district four and five and it will give new meaning to the Village, Youth Officer, schools and parents working together. PUBLIC HEARINGS 1. ST. PAULS LUTHERAN CHURCH (CONTINUED) COMLY AVENUE/KING STREET APPROVAL OF SUB-DIVISION Mayor Cresenzi reconvened the Public Hearing at 6:03 p.m. John Colangelo stated that, at the last meeting, it was suggested that he meet with the Village Attorney, which he did, to discuss some of the issues that were brought up at that last meeting. They resolved most of the questions that were raised. - 2 - 001.738, October 23, 1990 One question was the existence of a possible deed restriction or easement affecting the east of the premises. When the property was sold off to the adjacent owner, there was discussion of granting access to the rear in the event that the owner of this parcel developed the three lots, which are now in existence and known as Castleview Court. When those agreements were finalized, the easement was not included in the final draft of the agreements. The easement never existed, it was just a negotiated item between these two parties when the property was sold off by the Lutheran Church at that time. Mr. Colangelo stated that another issue discussed at the last meeting involved obtaining permission from the State D.O.T. to use King Street as an access if and when the properties were developed. A letter has been sent to the D.O.T. and a response is being awaited. Mr. Colangelo stated that they are just creating a sub-division, they are not requesting permission to build on the lots. This a legal sub-division which requires no variances. All code requirements were met and they will do their best to keep utilization at a minimum through Castleview. Castleview is a public street and there are restrictions as to the type of equipment that can be permitted on public streets. Trustee Daly questioned if permission is not granted from the D.O.T. is it possible for the construction equipment to enter through the Church parking lot. Mr. Colangelo replied that it is possible to use it for construction purposes, storage space or a transit area. it is not built to carry heavy equipment on a regular basis, but four lots being built would not entail a great deal of excavation involving heavy equipment. This is relatively flat land and it will not necessitate a lot of heavy equipment. Mayor Cresenzi stated that he received a letter from the three residents of Castleview Court on October 22, 1990 and included it in the record of the Public Hearing. Mr. Colangelo stated that in regard to Mr. Berger not receiving notification of the meeting, he checked with the Town Assessors Office from whom we get the list. Mr. Berger purchased his home in June. The Tax Office and the Assessors office did not receive notification of the sale and the transfer of the lot until September. The list was already obtained by that time and whenever a deed is filed with the Westchester County Clerk's Office, it takes approximately 30 to 60 days for the Town Assessor to be notified. The list they had was as current as possible. 3 nod 73J October 23, 1990 Trustee Filipowski questioned if this property had access from King Street, would they still be able to get four building lots there on this parcel? Having to reverse the cul-de-sac, would that change from four lots to three lots, or is it just a mirror reversal of what is already proposed. Mr. Wiedle stated that by accessing from King Street into the property, we would still be able to get four lots, but it would create a dangerous intersection. Mr. Mastromanaco added that the lots would be odd shaped by doing it this way. The lots would be on an angle and not as marketable. Mr. Morrow of 5 Castleview Court stated that he spoke to the D.O.T. and one way people acquire approval for streets coming on or off of state highways would be to meet certain criteria. According to what he has heard this evening, one of the major objections of creating a safe intersection was that of the lining of the streets. Mayor Cresenzi stated that Mr. Wiedle already stated that from a planning point of view the proposed sub-division that they currently have is the best one. The Planning Board also stated the same. Mayor Cresenzi questioned why the residents of Castleview Court were so against the sub-division. Mr. Morrow stated that when he purchased his home, he was moving into an area where there were only three homes. He was relieved that they would be living in a very small area with little construction going on. Nov; with the addition of four more houses, seven in total, there will be more construction and it will disrupt the lives of the three residents of Castleview Court. If we cannot get permission to come off of King Street, an alternate route should be explored. Mr. Morrow stressed that the demands that he and the other residents have stated in a letter to the Board should be met. Steven Berger, of 3 Castleview Court stated that he agreed with Mr. Morrow and added that drainage was another problem brought up at the last meeting. The services that they currently have are not acceptable, and the area is flooded from heavy rain. They have taken polaroid pictures of the flooded yards. Mr. Berger stated that before this project is accepted we need to be assured that we are not going to suffer damage to our property because of this sub-division. Mayor Cresenzi stated that had the plan been to create a through road from King Street out to Comly Avenue and do away with the dead end cul-de-sac concept, he would understand outrage on the residents part. What is proposed is is an extension of the same dead end cul-de-sac with four additional single family homes.. 4 - 001. 740 October 23, 1990 Chris DePasquale, advisor to Tony Valentino of Castleview Court, stated that the another option was to turn the site around and show what the lots would look like coming off King Street. They have considered going to an architect to be certain that there won't be any sort of a problem in relation to water and drainage. Also, the bushes that were supposed to be put up by the Church to block out the parking lot were never put up. One of the pictures taken shows a well with a wood cover which is very dangerous. This shows a lack of focus on the Church's part in following through. Now we are being asked to approve a site of other houses were there is going to be environmental change and potential flooding. These people may suffer loss of their water supply. Currently they have pumps to raise the pressure so they may take reasonable showers and so forth. Dr. Guarisco, of the church addressed Mr. DiPasquale's statement. He explained that they had a berm and trees planted, not to hide anything but to keep the lights from shining out onto the neighbors in the background on the street behind the Church. When the lights were put up, they shown down and the neighbors stated that we did not even need the berm. Also, the well, which has been there for a number of years, was there when we purchased the property and is now filled in. Even though there is wood on top, it has been completely filled in. Mr. Colangelo stated that there was extensive Hydrology and Drainage reports which were submitted to the Village Consultant. All of the necessary procedures were followed. Mr. Mastromanaco stated that the way this property is sloped the water runs down to catch basins on King Street. They have collected that water in a large underground storm water retainer system. This is to reduce the existing flow. There is no storm water connection from one development to the other. Any clogged pipes, or anything else, could not cause any type of impact on the homes on Castleview Court for the elevation is so different. If there was any flooding, it would take place on King Street. This report was completed and sent January 30, 1990. It involves the 100 year storm, and is a very similar system to what was designed for Castleview Court. It is also very similar to the Larizza development, which is a large underground retention system. As for water supply and storm water, the N.Y. American Water Company does have low pressures in the lines out there. Any house connected to that line in that area will have that problem. If acceptable to the N.Y. American Water Company, we may be able to find a water main down in this area to connect to which will improve the pressures in the other line. If studies show that it won't improve it then there is no need to do that. - 5 - 001741. October 23, 1990 Mr. Wiedle added that he also inspected the site and agreed with Mr. Mastromanaco. Currently the grade above sea level is about 99 feet on the edge of the cul-de-sac. When the road is built it will slope slightly downward towards King Street the way it is now. The area that is said to have stagnant water does not exist. The water flows onto the property, stays there for a while and then drains into the ground. Depending on the time of year, it may stay there longer than other times. The water will be carried out into the drainage system. Chris DePasquale inquired where this study came from. Ralph Mastromanaco explained that he produced the study and being a licensed engineer he does these studies in conjunction with different projects. These studies are circulated to the Village Engineer and the Planning Board to review. It is public record and can be obtained at the Village Office. Steven Berger stated that he was not aware that there was a Drainage Study on file until now, if he had known earlier he may have been better informed on the drainage issue. Attorney Beane stated that drainage is a big issue and is repeatedly addressed by the Board in relation to proposed sub-divisions and site-plans. All the Planning Board documents and studies are public record and are available for anyone to review in the Village Office. Ken Heller, a resident questioned the retention capacity of the pipes. Mr. Mastromanaco replied that the volume is 4,668 cubic feet or 35,000 gallons and equivalent to a 100 year storm. This is surface water which comes through the catch basins on the site. There are three or four of them which the Village is responsible to maintain. The flow is 16.49 cubic feet per second which is also 100 gallons. Mr. Heller also questioned the trees on the site and if they were going to be saved. Mr. Wiedle explained that before the sub-division approval is granted, a resolution must be prepared, and in that resolution is the matter of the preservation of the existing trees, as well as drainage and all other aspects of this sub-division. Mr. Berger stated that there are two large fir trees there and questioned whether they will be removed? 6 - 001742 October 23, 1990 Tony Valentino of Castleview Court, approached the Board with pictures of a home at 731 King Street. The backyard is constantly flooded. There is almost 2 inches of water just sitting on the ground. He also showed the Board pictures of the two fir trees Mr. Berger was referring to, which are about 60 feet high. Mr. Colangelo stated that they are here for a four lot sub-division. These complaints are the same complaints that all neighbors have when a new sub-division arises next to them. The idea of vacant land being developed and having their lifestyle disrupted for a period of time are routines routinely expressed. They request that the Board will vote favorably on this proposal this evening. Mr. Morrow stated that they did not object to the houses being built, just the manner in which they are going to be built. He added that the Planning Board voted 4 to 2 on this referral. Mayor Cresenzi explained that the Planning Board is only an advisory board to the Village Board. If the planning Board denies any project, the application may still be referred. Mr. Berger questioned what kind of controls the Village has on the construction process and if the proposed developer is investigated. Attorney Beane replied that there are several levels of control. Every sub-division resolution, that has been written in the past two years, has a time limit in it. The Church cannot sit by for twenty years and then decide to build. There is a short period of time before the sub-division lapses. There will be a bond posted for the infa-structure, which includes sewers, roadways, etc. That bond will be computed by the Village Director of Public Works to pay for the total construction in the event the developer does not complete it. In addition, the Department of Public Works supervises every aspect of the construction, and the resolution specifically states that if during construction, if problems arise, he has the authority to alleviate whatever the condition may be. The Westchester Soil Management Manual deals with the control of surface water during construction. The procedures involve going before the Board of Architectural Review to get specific plans for each home approved. No Certificates of Occupancy shall be issued unless everything is constructed in accordance with the plan. Attorney Beane stated that there are other resolutions on file that are very detailed if anyone would wish to take a look at them. They included all of the concerns that the Board feels important. Once the resolution is drafted, anyone is entitled to a copy. Mr. DePasquale questioned whether or not the Board would take into consideration the items stated in the letter sent to them. - 7 - 00174s October 23, 1990 Trustee Filipowski explained that he read the letter and it was well written. Based on the recommendations they have had, this is the best project for this parcel. Be stated that he would like to know if they can limit the access during construction to either King j Street or the Church property. If the rest of the Church property is ever to be sold in it's entirety, then these lots have the restriction that the cul-de-sac can be squared off at some point in time. We should make sure that it does not happen where more homeowners think they are buying property on a dead end cul-de-sac. Attorney Beane stated that with respect to the issue of the cul-de-sac being squared off, that can be put in the resolution. As to whether or not the Board could restrict partial additional sub-division we are not sure. Mr. Wiedle stated that the Church is a permitted use in that zoning district and as such it should have a certain minimum. In regard to the loping off of the parking lot, the interloping is finished. Mr. DiPasquale questioned the Drainage and water pressure issue. Mayor Cresenzi stated that they can work with the water company, and suggest that the system be looped. It must be checked to see that looping it will benefit the whole site. The Water Company is a private entity and we have no control over them. Mr. Morrow stated that one item they did not include in the letter but did not was a possible proposal to link the two cul-de-sacs with a walkway. Mayor Cresenzi replied that it hasn't been proven that the four homes are going to Beverly impact the residents of Castleview with traffic. Four homes is not very large and will not greatly impact the traffic situation. Mr. Wiedle`stated that it is important to recognize that the job of the Planning Board and the Village Board is toboth protect the citizens who are living in the Village now, in addition to reside in this Village in the future. Mr. Valentino stated that the houses to be created will have their backyards facing King Street. Mr. Wiedle replied that those houses can be located any way they wish as long as they are built with the required setbacks. There will be planting and screening along King Street to block the houses from King Street. Mr. Colangelo requested that the Board vote on this proposal, as there has not been any new questions. Ken Heller stated that if there is a Nursery school there, it will be a problem using the parking lot as an access. - 8 - 001744 October 23, 1990 j - Mr. Morrow stated that if the Church were ever to leave, and the property became vacant, and there was a road leading into a cul-de-sac, it could easily branch out and come a different way. Presently, if they decided to develop the houses, you would have to extend the cul-de-sac and most likely they would end up coming off of King Street at one particular point. Attorney Beane stated that they would use Comly Avenue and not King Street. Mr. Morrow pointed out that in the future, both Church's may sell their property so provisions should be made to safeguard against something happening in the future. Mr. Berger questioned whether a restriction could be put in the deeds so that it doesn't come through King Street? Mayor Cresenzi stated that the Board's responsibility is to control development, and minimize the impact on not only the neighbors who are currently living there but also the future neighbors. It also is the responsibility of the Village to enforce the Zoning laws of the Village. The owner or developer of the property has certain legal rights to use his land providing it meets the requirements of the community, lot size, road size, etc. This parcel of land, as it is proposed, now meets all of the requirements. It is not this Board's job to prevent development. Mr. DePasquale stated that more work should be done in reference to looking at coming off of King Street rather than Castleview. Mayor Cresenzi stated that he would like to call for a vote on the Sub-division as it is proposed, with the approval Resolution detailing all the restrictions to be voted on at the next month's meeting. This resolution will be available on the Friday afternoon before the meeting. Randy Solomon of 65 Valley Terrace pointed out that the residents of Castleview`Court are new residents and perhaps they should have been sent a letter stating that the drainage report was here to look at. Also it seems that in regard to the construction process, the residents give and the developers take. It seems that you are not giving the residents answers but are skirting the issues. They all have small children, and also there is the nursery school at St. Paul's to take into consideration. The large construction vehicles will be coming in and out of the parking lot while school is going on. As far as the flooding, there are people on Magnolia, on the top of the hill who have had close to a foot of water in their basement so the report may be wrong. Maybe we can, despite the Planning Board and the Village Engineer, go through King Street and give the residents in the area some grain of salt to help them with their problem. - 9 - 001 7C October 23, 1990 Mayor Cresenzi replied that he disagreed with much of what Mr. Solomon said. First, the Board has given everyone a chance to voice their opinions and has been fair and has listened to each person. Also the developers do not take. Every issue has been addressed and the Board has not skirted anything. The recommendation of the planning board and the professional planning of the Village is that the proposed project is the best for the Village of Rye Brook. Therefore, on Motion made by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the St. Paul's Lutheran Church Sub-division was approved as proposed with the approval resolution to be read at the November 27, 1990 meeting. The Public Hearing was adjourned at 7:35 p.m. 2. LARIZZA/CAPOCCI COMLY AVENUE/KING STREET APPROVAL OF SUBDIVISION Mayor Cresenzi reconvened the Public Hearing at 7:35. John Colangelo stated that they were appearing before the Board for approval of a sub-division and gave a brief history of the project. They started out in the middle of 1988 negotiating with the owners of these two parcels. They had problems from the start for they were dealing with two municipalities having different regulations. One of the problems that they had with the Planning Board of both municipalities was lot #10. The problem with this lot is that it is dissected to a large degree by the boundary line between the two Villages. The other lots were cut by the boundary line but were not as severly affected as lot #10. The Rye Brook Planning Board stated that this lot did not meet the Rye Brook restrictions. It is an R15 Zone in Rye Brook and an R7 in Port Chester. Port Chester Planning Board found it to be a legal lot. Since there were problems with lot 10, it was pulled off the table and they went forward with the rest of the sub-division, knowing that the mortgaging bank and the sellers of the land had to be satisfied. They eventually closed on the property six months later than anticipated because of problems with the bank and the sellers. Now they have come back before the Boards to staighten lot 10 out. They appeared before the Port Chester Planning, Zoning and Village Boards first, as the larger portion of the parcel is in the Village of Port Chester. - 10 - I 0 74u October 23, 1990 -- They obtained the necessary approvals from Port Chester for this odd shaped lot known on the map as 10B. They then appeared before the Planning and Zoning Boards in the Village of Rye Brook for approval to include this piece as part of the whole lot creating a lot which does fit into the sub-division. What they are proposing is a consistent type of sub-division where a lot is dissected by the municipal boundary line. Code 66-61A deals with a similar problem if the lot is dissected by two districts and allows the lesser restrictive requirements to extend 30 feet into the zone. It doesn't deal with the problem when you have municipal boundary line which cuts through a lot. The courts have tried to deal with this problem and they have agreed that if your code stated that there are two different zoning districts on each side, and allows 30 feet from the line, you should allow it to extend if the municipal boundary line dissects it. Mr. Colangelo stated that lot 10, even though the boundary line cuts through, is a very well planned and symmetrical sub-division. The lot is a legal sized lot in Port Chester, but not in the Village of Rye Brook. A great deal of information has been covered in a short period of time and this sub-division has been pending for two years. Trustee Smith questioned the triangular piece in Rye Brook and if it was still a part of Mr. Loizzo's lot 10. Mr. Colangelo replied that it was and that they have a contractual agreement with Mr. Loizzo subject to the approval process. His property will be sub-divided into two parts. Mayor Cresenzi questioned, in regard to lot 9, which is totally in the Village of Port Chester, how many square feet it was. Mr. Colangelo replied that it was 8,010 square feet. Mayor Cresenzi also questioned if approval is granted what would the proposed ldt 10 be. Mr. Colangelo stated that it would be approximately 8,000 square feet, which would be enough. Lots 10 through lot 7 would be all about the same size. Trustee Filipowski questioned how many square feet were in the sub-division when the approval was given from Port Chester for building on lot 10. Mr. Colangelo stated that lot 10 B was 5,400 square feet. They obtained a variance at both the Port Chester and Rye Brook Zoning Board of Appeals. Mr. Wiedle stated that he felt that this project was very well planned. - 11 - 00174 October 23, 1990 On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the approval of sub-division was granted with the understanding that the approval resolution would be ready for the November 27, 1990 meeting. On motion duly made and seconded, the Public Hearing was adjourned at 8:35 p.m. RESOLUTIONS 4. APPROVAL OF UNITED CEREBRAL PALSY SITE PLAN Attorney Beane explained that the following resolution consisted of all the requirements that ensure that the site plan will be in accordance with the site plan. It approves the project in accordance with the terms and conditions that are summarized. On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board of the Village of Rye Brook, the following Resolution was adopted: RESOLUTION UNITED CEREBRAL PALSY SITE PLAN APPROVAL Section 1, Block 2, Lot 3A1 WHEREAS, the Board of Trustees of the Village of Rye Brook, New York has reviewed an application submitted by United Cerebral Palsy, a Not for Profit corporation having its principal office and place of business at King Street, Rye Brook, New York, hereinafter referred to as the applicant, for site plan approval for the construction of a 12 bed community residence, including required parking and an interior drive for the circulation within the property located at King Street and Lincoln Avenue and known on the official Tax Map of the Village of Rye Brook as Section 1, Block 2, Lot 3A1; and WHEREAS, said application for site plan approval was submitted to the Village of Rye Brook in February, 1990 by Eric Marks agent for the applicant; and WHEREAS, a site plan consisting of one drawing entitled United Cerebral Palsy, Site Plan dated August 15, 1990 and prepared by the offices of Walter Rooney AIA 108 Wiltshire Road, Scarsdale, N.Y. ; and - 12 - 001748 October 23, 1990 WHEREAS, The Village Board of the Village of Rye Brook is of the opinion that it is in the general interest and common good of the people of the Village of Rye Brook to approve the site plan of United Cerebral Palsy with certain conditions and stipulations which will be set forth herein. NOW, THEREFORE, BE IT RESOLVED, that said application for site plan approval be and hereby is approved and the Mayor of the Village of Rye Brook is hereby authorized to endorse said approval upon copies of all documents, which shall authorize the issuance of building permits in accordance with this resolution and all applicable laws, all upon completion of the following modifications and conditions and also in accordance with the Villages Zoning Law, its subdivision regulations and building code, and that the applicant be so notified, provided however that this approval shall expire two (2) years from the date of this resolution if the modifications and conditions set forth below have not been completed to the satisfaction of the Village Board of Trustees except as set forth below, or the applicant has requested an extension of this conditional approval in writing: 1. After issuance of and as a requisite for maintenance of a Certificate of Occupancy, all aspects of the development project shall be maintained in a clean, viable, well -repaired and healthy growing condition. 2. The applicant shall submit detailed graphic samples of building facades and exterior pedestrian area construction materials, including exterior signs and lighting, pavement, exterior wall materials and other matters to the Village Board of Architectural Review, to the extent of detail deemed appropriate by said Board of Architectural Review and for approval of said Board. 3. All utilities shall be provided in sizes and amounts and locations in accordance with accepted engineering principles, and shall be approved by the Village Building Inspector. 4. The applicant shall submit a detailed listing or schedule of exterior landscape and planting material to be used in accordance with said site plan. This schedule shall include, but not be limited to, number, type, size and location of all planting materials and shall further include all natural vegetation and buffer zones to be established and shall be approved by the Village Board of Trustees. 5. During the period of construction, the applicant shall conform and comply with the Westchester County Soil and Waste Conservation Board's "Best Management Practice Manual" for construction related activities so as to minimize soil erosion, siltation and other storm drainage parvenus and shall utilize the services of the Westchester County Soil and Water Conservation District were appropriate. - 13 - 001.'74.9 October 23, 1990 6. The applicant shall pay to the Village of Rye Brook an inspection fee for construction and inspection and for compliance with the approved site plan as provided in the subdivision regulations. In addition, the applicant shall pay for independent consultants and inspectors deemed necessary by the Village Board related to the project. 7. The Board of Trustees reserves the right for the Board or its designee to make a final field inspection of the site before issuance of a certificate of occupancy for the proposed 12 bed community residence. The purpose of this final inspection of the site before issuance of the certificate of occupancy for the proposed 12 bed community residence is to review the development and to insure that the conditions set forth herein and other site plan details in the interest of safety, convenience and aesthetics. The applicant shall maintain all elements of the approved site plan including landscaping, in a neat, viable and healthy condition so as to retain its approved certificate of occupancy. B. If the applicant fails to comply with any of the conditions with respect to maintenance, drainage and landscaping, the Village Board of Trustees may direct compliance with the site plan condition to be performed within twenty (20) days, or, in the event of an emergency, within 24 hours, by an outside independent contractor and the cost of these services shall become a charge again the land, enforceable in the same manner as a tax lien. BE IT FURTHER RESOLVED, that the site plan shall include therein the following designation and legend: "This site plan shall be subject to all requirements and conditions of the Resolution of the Village of Rye Brook dated October 23, 1990 and all prior approval resolutions relating to the premises"; and BE IT FURTHER RESOLVED, that the applicant shall obtain a Bond or an Irrevocable Letter of Credit for the faithful performance of the installation of the infrastructure, including but not limited to the improvements involving the sewage, water and drainage systems, and the roadways. The sum of said Bond or Irrevocable Letter of Credit shall be fixed by the Village Director of Public Works. Said instrument shall be in a form acceptable to the Village Attorney. Said Bond or Irrevocable Letter of Credit shall remain in full force and effect until the terms of the site plan approval set forth in this Resolution have been fully complied with by the applicant, which compliance shall be determined by the Village Board. The Bond or Letter of Credit shall be furnished to the Village prior to the signing of the plat by the Mayor; and - 14 - 001'750 October 23, 1990 BE IT FURTHER RESOLVED, that the developer, its heirs, assigns, successors, shall be obligated to provide copies of all final site plan and subdivision approval resolutions to every purchaser of this premises or any portion thereof; and BE IT FURTHER RESOLVED, that this resolution of the final site plan approval for the construction of a 12 bed community residence shall lapse if the final site plan has not been filed in the office of the Westchester County Clerk within six (6) months after the date of this resolution; and BE IT FURTHER RESOLVED, that this resolution shall be binding on the applicant, its heirs, successors and/or assigns, and upon the Village of Rye Brook, its heirs, successors and/or assigns. 5. APPOINTMENT TO THE BOARD OF ARCHITECTURAL REVIEW On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was adopted: RESOLUTION APPOINTMENT TO ARCHITECTURAL REVIEW BOARD RESOLVED, that Richard Romm of 89 Country Ridge Drive be hereby appointed to the Rye Brook Architectural Review Board, to fill the unexpired term of Alan Briskman which shall expire on April 1, 1992. 6. APPOINTMENT OF CHAIRMAN OF THE ZONING CODE UPDATE COMMITTEE On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was adopted: RESOLUTION ZONING CODE UPDATE COMMITTEE RESOLVED, that Joseph Pellino of 8 Terrace Court be hereby appointed Chairman of the Rye Brook Zoning Code Update Committee effective immediately. - 15 - 00175 October 23, 1990 7. DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was adopted: VILLAGE ELECTION WHEREAS, pursuant to Section 15-104, Sub. 3(a) of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the date of the Village Election, the office(s) to be filled at such election and the term(s) thereof; NOW THEREFORE, BE IT RESOLVED, that this Board hereby authorizes that the following Public Notice be posted and also published in the Daily Item and in the Westmore News, the Official Newspapers of the Village of Rye Brook: PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Village Election in the Village of Rye Brook is to be held on March 19, 1991; and PLEASE TAKE FURTHER NOTICE that the offices to be filled are: Trustees (2) ; each for a two-year term of office commencing at noon on the Monday April 1, 1991 and concluding at noon on the first Monday in April, 1993. By order of the Board of Trustees Village of Rye Brook Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk October 23, 1990 8. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following Resolution was 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; - 16 - 00.1752 October 23, 1990 On-Line Checks: #1265-1520 Hand Checks: #9736-9754 Payroll Checks: #2411-2691 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. 9. REFERRAL TO THE PLANNING BOARD KING STREET NURSING HOME On Motion made by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD King Street Nursing Home 787 King Street Section 1, Block 8, Lot 3A RESOLVED, that the application for Subdivision Approval by the King Street Nursing Home, Inc. for expansion of the facility at the premises located at 787 King Street, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 8, Lot 3A be hereby referred to the Planning Board for their review and recommendations this 23rd day of October, 1990; and be it FURTHER RESOLVED, that the applicant shall contribute an amount of $2500.00 to the Village of Rye Brook Environmental Review Account for expenses incurred in the review of this application; and be it FURTHER RESOLVED, that the balance of such monies shall be returned to the applicant, or if the expenses exceed the initial amount, the applicant shall contribute the additional sum. APPROVAL OF MINUTES 10. JULY 17, 1990 11. OCTOBER 9, 1990 On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the minutes of July 17, 1990 and October 9, 1990 were accepted as presented. - 17 - 0017543 October 23, 1990 Mayor Cresenzi stated that the Agenda meeting of November 13, 1990 will be at 6:00 p.m. rather than 8:00 p.m. The Regular Board meeting on November 27, 1990 will be at 8:00 p.m. Ken Heller stated that a resolution was passed a while ago that the attendance of the members of the various Boards of the Village of Rye Brook must be 80 This should be enforced as attendance is much lower than this. Mayor Cresenzi stated that the Planning and Zoning Board members must attend 9 out of the 12 meetings. This matter will be looked into. Jean Reed, of Winthrop Drive, stated that there seems to be a commercial establishment that exists at 15 Winthrop Drive that continues to grow. It is becoming a public hazard and is in violation of the local code. Can some action be taken? Every morning the vehicles arrive at the location, leave their vehicles on the street, transfer their tools to the commercial vehicles and proceed to their jobs. The license plates are commercial and why the Police have not noticed is beyond me, stated Reed. We cannot let people step over the rules. Administrator Russo stated that it has been investigated and a notice of violation has been issued today to the individual based on an effort between the Police Department and the Building Department. We understand that it is an electrical business. ADJOURNMENT On Motion duly made and seconded, the meeting was adjourned at 9:10 p.m. Respectfully �submitted, Elizabeth Czajkowski Secretary to the Village Board - 18 -