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HomeMy WebLinkAbout1990-11-27 - Board of Trustees Meeting Minutes AGENDA VILLAGE BOARD MEETING NOVEMBER 27, 1990 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. LOCAL LAW #3 - 1990 (CONTINUED) "ABANDONED VEHICLES" 2. AMENDMENT TO LOCAL LAW 42 - 1990 "DEMOLITION OF BUILDINGS AND STRUCTURES" 3. ARROWWOOD CONFERENCE CENTER AMENDMENT TO PUD SITE PLAN RESOLUTIONS 4. APPROVAL OF SUBDIVISION ST. PAUL'S LUTHERAN CHURCH 5. APPROVAL OF SUBDIVISION LARIZZA/CAPOCCI - COMLY AVENUE 6. AWARDING OF VILLAGE-WIDE RECYCLING CONTRACT 7. ADOPTING RULES AND REGULATIONS/ CHARGES AND TRIALS OF THE VILLAGE OF RYE BROOK POLICE DEPARTMENT 8. SETTING DATE FOR DECEMBER BOARD MEETING 9. CHECK REGISTER WRITTEN COMMUNICATION 10. JAMES J. HOGAN, DIRECTOR OF RESOURCE MANAGEMENT, WESTCHESTER COUNTY RE: RECYCLING GRANT APPROVAL OF MINUTES 11. AUGUST 14, 1990 12. SEPTEMBER 18, 1990 HELP LOWER OUR TONNAGE - RECYCLE! 001750 I MINUTES OF A REGULAR MEETING THE BOARD OF TRUSTEES VILLAGE OF RYE BROOK VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 27, 1990 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:00 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 Rocco V. Circosta, Director of Public Works Edward Beane, Village Attorney Lori Ann DeMarco, Ass't. to the Village Administrator Elizabeth Czajkowski, Secretary to the Village Board Joseph Cortese, Village Treasurer was not in attendance at this meeting. - 1 - 001. 760 November 27, 1990 PUBLIC HEARINGS 1. LOCAL LAW #3 - 1990 (CONTINUED) "ABANDONED VEHICLES" Mayor Cresenzi called the Public Hearing to order at 8:05 p.m. and recommended to the Board that the proposed Local Law #3 - 1990 entitled: "Abandoned Vehicles" be withdrawn, explaining that the substance of the law dealt with abandoned vehicles on private property which is already addressed in the Property Maintenance section of the Village Code. Another law addressing similar issues would be redundant and may cause further confusion. on Motion made by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the proposed Local Law #3 - 1990 was withdrawn and the Public Hearing was adjourned at 8:06 p.m. 2. AMENDMENT TO LOCAL LAW #2 - 1990 "DEMOLITION OF BUILDINGS AND STRUCTURES" Mayor Cresenzi called the Public Hearing to order at 8:06 p.m. and directed Attorney Beane to explain the modifications. Attorney Beane explained that two non-substantive modifications are proposed to Local Law #2-1990 to clarify the language. The amendments delete a section on penalties because of the presence of the same language in a different section and the same holds true for two sections defining fees. On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was adopted as amended and the Public Hearing was Adjourned at 8:10 p.m. RESOLUTION AMENDMENTS TO THE DEMOLITION OF BUILDINGS AND STRUCTURES RESOLVED, that Local Law #3-1990 entitled: "Amendments to the Demolition of Buildings and Structures" be hereby approved as amended; and be it FURTHER RESOLVED, that said Local Law shall take effect immediately upon filing with the Secretary of State. 2 - 00170.E November 27, 1990 3. ARROWWOOD CONFERENCE CENTER AMENDMENT TO PUD SITE PLAN Mayor Cresenzi called the Public Hearing to order at 8:10 and introduced William Null, attorney, of Cuddy and Feder on behalf of Carol Management Corporation. Mr. Null explained that a minor amendment to the site plan that was previously approved by the Village Board on August 14, 1990 is proposed. It concerns the golf clubhouse and the addition of an outdoor swimming pool which were recommended by both the Planning Board and the Architectural Review Board. The golf clubhouse is reduced in the area as well as in height, but the coverage has increased. As a result, no impact to existing trees occurred. The previous building had extended 65 ft. with a cupola on top and now it has been reduced in size. The square footage has been reduced but there is approximately a 2000 increase coverage as it sits on the site. Mr. Null added that the other portion of this request is to reconfigure the tax lots to conform to the lots shown on the previously approved sub-division plan. The reason is that his clients have obtained financing which expires at the end of the year. In order for a mortgage to be placed on the residential portion of the property they need to have a lot to file against. No financing institution will be willing to lend if they can't be sure that their parcel is in tact should be there be any default. They are requesting authorization to reconfigure the tax lots to conform to those shown on the sub-division plat. There are four lots which consist of a conference lot, two golf course lots, and the residential lot. Trustee Filipowski questioned if a paddleball court would be removed. Mr. Null stated that the golf clubhouse had no paddleball court. On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board the following Resolution was adopted: RESOLUTION AMENDED SITE PLAN ARROWWOOD OF WESTCHESTER CAROL MANAGEMENT CORP. ANDERSON HILL ROAD WHEREAS, Carol Management Corporation has submitted an application to the Rye Brook Board of Trustees (the "Village Board") to amend the Conference Center portion of this approximately 114 acre development, which development previously received approval from the Village Board by Resolution adopted on August 14, 1990, pursuant to Article IV, Section 66-7.E. of the Rye Brook Zoning Law (the "Zoning Law") ; and - 3 - 001702 November 27, 1990 WHEREAS, this application seeks (1) to reconfigure the previously approved golf clubhouse and fitness center buildings and to add an outdoor swimming pool at the Conference Center, and (2) to authorize the Assessor of the Village of Rye Brook to revise the tax lots at the Arrowwood site to conform to the lot lines shown on the approved subdivision plat with respect to (a) the Conference Center lot, (b) the two golf course lots, and (c) the primary lot for the residential development; and WHEREAS, the request to amend the site plan with regard to the fitness center was withdrawn; and WHEREAS, the application was forwarded to the Planning Board and Architectural Review Board for their review and each Board has recommended approval of the amended site plan for the reconfigured golf clubhouse and the new swimming pool; and WHEREAS, a public hearing was duly noticed for and conducted on November 27, 1990 with respect to this application; and WHEREAS, the Village Board has considered the application in accordance with both the State Environmental Quality Review Act ("SEQRA") and the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED,that pursuant to SEQRA, that the Village Board hereby reaffirms its Lead Agency status and ratifies and reaffirms the environmental findings adopted on September 19, :1989 by the Village Board in connection with this matter, since the amendments detailed in this application are minor: (a) although the footprint of the golf clubhouse is increased, the overall floor area and height have been reduced; (b) the addition of the outdoor pool will enhance, rather than detract from the site; (c) the reconfiguration of the tax lots will have no developmental or environmental impact on or to the site; and (d) there will be no significant environmental impact by reason of this amended development. FURTHER RESOLVED, for the reasons set forth above, pursuant to the Zoning Ordinance, that the Arrowwood site plan is amended to include the reconfigured golf clubhouse and the new outdoor swimming pool, which modifications are consistent with the previously approved development herein; and be it - 4 - 001763 November 27, 1990 FURTHER RESOLVED, that the Assessor for the Village of Rye Brook is directed to promptly reconfigure the tax lots at the Arrowwood site to conform them to the following lots shown on the previously approved subdivision plat herein: (a) the Conference Center lot, (b) the two golf course lots, and (c) the primary lot for the residential development. On Motion made by Trustee Daly, seconded by Trustee Smith, with a unanimous vote of the Board, the Public Hearing was adjourned at 8:25 p.m. .RESOLUTIONS 4. APPROVAL OF SUBDIVISION ST. PAUL'S LUTHERAN CHURCH On Motion made by Trustee Daly, seconded by Trustee Filipowski, with a unanimous vote of the Board the following Resolution was adopted: RESOLUTION ST. PAUL'S LUTHERAN CHURCH KING STREET/COMLY AVENUE SECTION 1, BLOCK 8, LOT 4B WHEREAS, the Board of Trustees reviewed an application from St. Paul's Church for Subdivision Approval on property consisting of approximately 4.7 acres and located on King street and Castleview Court in the Village of Rye Brook; said premises is known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 8, Lot 4-B; and WHEREAS, the subject property is located within the Village of Rye Brook; and WHEREAS, the Board of Trustees referred this application to the Planning Board on April 3, 1990; and WHEREAS, said application was reviewed by the Planning Board on May 10, 1990; June 14, 1990; and July 12, 1990; and WHEREAS, the Planning Board requested and received reports from and consulted with the Police and Fire Departments, Village Engineer, Village Planners and the Westchester County Department of Planning; and WHEREAS, the Planning Board studied the road configuration and the flow of traffic of the project for efficiency and safety; and - 5 - 001,764 November 27, 1990 WHEREAS, the Planning Board directed the applicants to meet with the Village Engineer, Village Planners and Consultants to configure ingress and egress and other factors in order to minimize the effects of this subdivision on the neighboring residences; and WHEREAS, it was determined that the plan, as revised and submitted to the Board of Trustees would be appropriate for consideration of Subdivision Approval; and WHEREAS, a Public Hearing was held on the proposed Subdivision by the Board of Trustees on October 23, 1990; and WHEREAS, the Village Board, acting in its capacity as Lead Agency under SEQRA, made a finding and determination that the proposed Subdivision did not have a significant impact on the environment under SEQRA and adopted and incorporated this finding and determination in the Resolution as part of the Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED, that Subdivision Approval is hereby granted to St. Paul's Church for the premises located on King Street and Castleview Court subject to the requirements and regulations of the Village of Rye Brook and the terms and conditions as set forth in this resolution and the notes and legends therein contained on said subdivision map; and be it FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Subdivision Map subject to, and only in the event that the applicant obtains all the necessary approvals from the Westchester County Department of Health and any other agency or governmental body having jurisdiction, including approval by the Village's Consultants on drainage, landscaping and tree preservation; and be it FURTHER RESOLVED, that the drainage study prepared by Ralph Mastromanaco, P.E. for the subdivision, dated January 30, 1990, be incorporated into and become part of this Subdivision Resolution, and be annexed hereto as Exhibit A, and, that the Applicant be required to construct the road, utilities, other public improvements and residences in the subdivision in strict accordance with the drainage plan and report; and be it FURTHER RESOLVED, that the applicant shall pay to the Village of Rye Brook the sum of $36,890 as a donation to the Village Recreational Trust Fund to help meet the additional recreational needs of the Village. Said payment shall be made prior to the signing of the Subdivision Plat by the Mayor. The Applicant hereby agrees to be bound and obligated to make this payment and hereby waives whatever rights he may have, if any, to challenge the validity of this payment in any Federal or State Court or administrative body in this or any other jurisdiction; and be it - 6 - 001760 November 27, 1990 FURTHER RESOLVED, that the applicant shall pay an engineering inspection fee as fixed by the Village Engineer in accordance with the Subdivision Law. The applicant will also obtain a Bond or Irrevocable in a sum to be fixed by Letter of Credit Y the Village Engineer and in a acceptable table to the Village Attorney for the faithful performance of the construction of the road as set forth on the Subdivision Plat and for the installation of utilities and other public improvements; and be it FURTHER RESOLVED, that during the entire construction phase of the Subdivision including the construction of utilities, road work and other site work, access to the site shall be strictly from King Street if approved by the State of New York or directly from the Church Property adjacent to the subdivision, e.g. the Church's paved parking lot. The Term "construction" shall include all road work, utility installation, public improvements, sewer installation, grading, tree removal and similar functions. Castleview Court shall not be used for access during the construction phase. The only exception to this limitation shall be for site work required to be performed on an individual home, e.g. the foundation of an individual home and only for as long as it is necessary to complete such work. The applicant must obtain prior approval for access from Castleview Court from the Director of Public Works or Assistant Building Inspector; and be it FURTHER RESOLVED, that the deed of each of the four (4) residences to be constructed on the subdivision shall include the following restriction: The cul-de-sac shown on the Subdivision Plat of this subdivision is subject to reconfiguration, relocation, or removal in the event of future subdivision or development of this property or adjoining properties. This restriction shall run with the land. A copy of each deed shall be submitted to the Village Attorney for his or her approval prior to the conveyance of each lot; and be it FURTHER RESOLVED, that the applicant shall be required to install as an enhanced buffer and screening, a minimum of thirty substantial bushes or trees in an area of approximately 240 feet. These bushes or trees shall be of a variety and species, and shall be planted and placed in such a manner so as to screen King Street from the homes in the subdivision and vice versa. Additional screening shall be installed to comply with the Landscaping and Erosion Plan dated June 14, 1990 and revised August 16, 1990. Compliance with this enhanced screening requirement shall be determined by the Director of Public Works; and be it 7 - 001. ' 66 November 27, 1990 _. FURTHER RESOLVED, that the applicant will offer for dedication to the Village of Rye Brook the road and cul-de-sac as specified on said subdivision map, and all other utilities, if any, which can be dedicated for municipal purposes. At the time of the offering of dedication to the Village, the applicant shall provide a maintenance bond in a form and amount approved by the Village Engineer and the Village Attorney. Such maintenance bond shall be in effect for a period of two years after the acceptance of dedication; and be it FURTHER RESOLVED, that the Subdivision Plat shall include thereon, the following designation and legend: This Subdivision Plat shall be subject to all requirements and conditions of the Final Subdivision Approval Resolution of the Village of Rye Brook, dated November 27, 1990; and be it FURTHER RESOLVED, that the applicant, his heirs, successors or assigns shall be obligated to provide a copy of this Final Subdivision Approval Resolution to every purchaser of a lot in this subdivision prior to the transfer of title of said lot to the purchaser; and be it FURTHER RESOLVED, that this Resolution of Final Subdivision Approval shall lapse if the Final Plat has not been filed in the Office of the Westchester County Clerk within six (6) months after the date of this Resolution and construction has not been commenced within eighteen (18) months after the date of this Resolution; and it is FURTHER RESOLVED, that this Resolution shall be binding on the applicant, his heirs successors and assigns and upon the Village of Rye Brook, its heirs, successors and assigns. Mayor Cresenzi opened up the meeting to the Public for discussion.- Kenny Ingwer questioned the reason for the fence. Mayor Cresenzi replied that it was to close off Castleview Court from the development. Mr. Ingwer explained that there are three other sides which need fencing off. He lives on Magnolia Drive and his backyard faces the site. Mayor Cresenzi stated that the concern that was raised by the residents of Castleview Court, was to limit access to the site and for the safety of their children. It is not reasonable to fence in the entire site. The people living around the site must also share in the responsibility. - 8 - 00176`s November 27, 1990 Rocco Circosta, Director of Public Works stated that barricades on excavations are required, but if a hole is dug today and will be filled tomorrow, than they do not require a barricade. A portion of the site will have a silt fence around it, which controls soil erosion. Randy Solomon stated that there is a Pre-K School there which consists of three and four year olds that will have access to this construction site. Perhaps more security is necessary. John Colangelo stated that the same children were there when Castleview Court was constructed. Also he stated that it is private property and whoever walks on the property is trespassing. Mr. Morrow of Castleview Court questioned the trees on the site and inquired if the Village was going to comply with the Tree Preservation Law. Mr. Circosta stated that there are three trees in the roadway which will have to come down. All others must comply to the Tree Preservation Law. Attorney Beane stated that he feels that Mr. Berger may have overlooked the last sentence in the final resolved paragraph which really is the safety valve. He explained it by saying that in order to go on the site, the applicant or his successor must have permission from the Director of Public Works. The Director of Public Works has the ability to determine on a case by case basis whether or not access shall be given. Mr. Morrow mentioned that a fence currently stands between Castleview Court and the Church. Depending upon where the utilities will connect from, there will probably have to come through Castleview Court. If there must be a cut made in the fence will repairs be made or some type of blockage be supplied? Mr. Circosta stated that there would be construction on Castleview, Court in the future to connect these utilities. There will also be an opening made in the fence which is on the Church property and not on the right of way area so therefore it will have to come down so they can make the transition to Castleview Court. The Village will endeavor to provide whatever protection they can. If it requires a temporary construction fence then they will put one up. Chris DePasquale, Advisor representing Anthony Valentino (a resident of Castleview Court) , questioned whether a person could purchase lot 2 and build a house on it prior to the road being constructed and the utilities installed. 9 - November 27, 1990 001768 Mayor Cresenzi stated that a home could not be occupied until a Certificate of Occupancy is issued. The Certificate of Occupancy would not be issued until the road is in. Mr. DePasquale also questioned whether the fence that currently runs the length of Castleview will be maintained to the end of Comly Avenue when the building process begins? Mayor Cresenzi stated that the fence belonged to the Church. Mr. DePasquale stated that at prior meetings he remembered discussion that in the past the Church was supposed to plant trees to buffer the area. Now they could even pull the fence down. Trustee Filipowski stated that there are two separate churches in that area. Perhaps you are speaking of the Church of the Advent. When the original subdivision was created which permitted the three houses on Castleview Court, the Church of the Advent had certain requirements for putting up trees. Mr. DePasquale stated that the fence belonging to St. Paul's Lutheran Church is protecting the residents of Castleview Court against the ongoings of the Church's activities and the parking lot. If the fence comes down, their privacy will be taken away. Mayor Cresenzi stated that the fence's integrity will be maintained during the construction phase. The Church owns the fence. They are not required to keep the fence up forever. The Reverend Doctor William Beljean, of St. Paul's Lutheran Church stated that they have not even contemplated taking that fence down and they have no reason for taking it down. Mr. Morrow stated that the fence prevents access onto Castleview Court by pdople using the Parking Lot. As a resident in a residential area it is nice to separate a parking lot from all the residents in the area by having a fence around the parking lot. Currently the parking lot has been used as a "lovers lane" and also for children using dirt bikes. Mr. Ingwer added that people have come in the parking lot and right onto the grass knocking down mail boxes and leaving tire marks on the grass. Trustee Daly stated that the Board is only dealing with the development, what the Church does with their parking lot and their fence is not in this plan. We cannot restrict them to put up a fence or not to put up a fence. Reverend Baljean commented that if the Church is restricted to fence in the parking lot, would they be allowed access to the development site through Castleview Court because they would have no way of getting through to their property. 10 - 00176 November 27, 1990 Mr. Colangelo stated that in regard to the recreation fee, we do have a unique situation for we are dealing with a Church and not a developer. The fee of $36,000 is a substantial hardship upon the Church. In order to obtain the funds they must receive approval from the Church Hierarchy The Church is hoping to find a developer to purchase the property. He suggests to the Village Attorney that they pay in phases, percentage for a third upon the signing of the plat and the balance upon the issuance of the building permit. This would give them the opportunity to get the plat signed, to make something saleable and to raise the money because it will take many months to go through the public health approval process and also the Church Hierarchy to obtain the necessary funds to pay for the project. Mr. Colangelo requests that the Board defer the cost of the recreation fee. Mayor Cresenzi replied that it was the consensus of the Board that the fee shall be as stated in the Resolution. Mr. Ingwer questioned that King Street will be beautifully landscaped to separate the homes from King Street but there is nothing to separate the houses on Magnolia Drive backyards. Mayor Cresenzi replied that the backyards of the houses would be on King Street and they just wanted to screen them from King Street and try to reduce the noise of the traffic. As for the houses on Magnolia Drive, we felt that those residents would just be facing other residents and did not need any screening. There being no further discussion, Administrator Russo read the following Resolution: 5. APPROVAL OF SUBDIVISION LARIZZA/CAPOCCI - COMLY AVENUE On Motion made by Trustee Smith, seconded by Trustee Daly, with a unanimous vote of the Board the following Resolution was adopted: RESOLUTION LARIZZA SUBDIVISION RESOLUTION COMLY AVENUE SECTION 1, BLOCK 11, LOT 10 WHEREAS, the Board of Trustees reviewed an application from Louis Larizza for Subdivision Approval on property consisting of approximately .75 acres and located on Comly Avenue in the Village of Rye Brook; said premises is known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lot 10; and - 11 - November 27, 1990 WHEREAS, the subject property is located within the Village of Rye Brook and the Village of Port Chester; and WHEREAS, subdivision approval was granted to said property, Lots 2 & 3, by a Resolution of the Board of Trustees dated June 28, 1989; and WHEREAS, thereafter, the applicant applied for a further subdivision of the property, to, in sum, relocate a property lot line, and WHEREAS, the Board of Trustees referred this application to the Planning Board on June 9, 1990; and WHEREAS, said application was reviewed by the Planning Board on July 12, 1990; and WHEREAS, the Planning Board requested and received reports from and consulted with the Village Engineer and Village Planners; and WHEREAS, the Planning Board recommended disapproval of the variance to the Zoning Board of Appeals of the application based on the original filed subdivision of 10 building lots; and WHEREAS, the applicant did make an application for a variance to the Planning Board and the Zoning Board of Appeals; and WHEREAS, the Planning Board conditioned Final Subdivision Approval on the applicant securing a variance from the Rye Brook Zoning Board of Appeals with respect to the lot size of one of the new lots; and WHEREAS, the applicant obtained a variance from the Zoning Board of Appeals on August 7, 1990, a copy of which is annexed to this Resolution; and WHEREAS, it was determined that the plan, as revised and submitted to the Board of Trustees would be appropriate for consideration of Subdivision Approval; and WHEREAS, a Public Hearing was held on the proposed Subdivision by the Board of Trustees on October 23, 1990; and WHEREAS, the Village Board, acting in its capacity as lead Agency under SEQR, made a finding and determination that the proposed Subdivision did not have a significant impact on the environment under SEQR and adopted and incorporated this finding and determination in the Resolution as part of the Subdivision Approval; - 12 - 001771. November 27, 1990 NOW, THEREFORE, BE IT RESOLVED, that Subdivision Approval is hereby granted to Larizza-Capocci Construction Corp. for the premises located on the subject to the requirements and regulations of h Avenue sub qu Comly A J Village of Rye Brook and the terms and conditions as set forth in this Resolution and the notes and legends therein contained on said Subdivision Map; and be it FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Subdivision Map subject to, and only in the event that the applicant obtains all the necessary approvals from the Westchester County Department of Health and any other agency or governmental body having jurisdiction, including approval by the Village's Consultants on drainage, landscaping and tree preservation; and be it FURTHER RESOLVED, that the applicant shall pay to the Village of Rye Brook the sum of $7,000 as a donation to the Village Recreational Trust Fund to help meet the additional recreational needs of the Village. Said payment shall be made prior to the signing of the Subdivision Plat by the Mayor. The applicant hereby agrees to be bound and obligated to make this payment and hereby waives whatever rights he may have, if any, to challenge the validity of this payment in any Federal or State Court or administrative body in this or any other jurisdiction; and be it FURTHER RESOLVED, that the applicant shall pay an engineering inspection fee as fixed by the Village Engineer in accordance with the Subdivision Law. the applicant will also obtain a. Bond or Irrevocable Letter of Credit for the faithful performance of the construction of the road as set forth on the Subdivision Plat and for the installation of utilities and other public improvements, said sum to be fixed by the Village Engineer and in a form acceptable to the Village Attorney; and be it FURTHER RESOLVED, that the applicant will offer for dedication to the Village of Rye Brook, all other utilities, if any, which can be dedicated for municipal purposes. At the time of the offering of dedication to the Village, the applicant shall provide a maintenance Bond in a form and amount approved by the Village Engineer and the Village Attorney. Such Maintenance Bond shall be in effect for a period of two years after the acceptance of dedication; and be it FURTHER RESOLVED, that the Subdivision Plat shall include thereon, the following designation and legend: "This Subdivision Plat shall be subject to all requirements and conditions of the Final Subdivision Approval Resolution of the Village of Rye Brook, dated November 27, 1990"; and be it - 13 - November 27, 1990 ®01 ( ` 6' FURTHER RESOLVED, that the applicant, his heirs, successors of assigns shall be obligated to provide a copy of this Final Subdivision Approval Resolution to every purchaser of a lot in this Subdivision prior to the transfer of title of said lot to purchaser; and be it FURTHER RESOLVED, that this Resolution of Final Subdivision Approval shall lapse if the Final Plat has not been filed in the Office of the Westchester County Clerk within six (6) months after the date of this Resolution; and it is FURTHER RESOLVED, that this Resolution shall be binding on the applicant, his heirs, successors and assigns and upon the Village of Rye Brook, its heirs, successors and assigns. Mayor Cresenzi suggested that John Colangelo present a brief synopsis of this Resolution. John Colangelo stated that the Board, as well as the Village Attorney review the formula for determining the recreation fee as it is vague and subject to many different types of interpretations. He added that they previously paid a recreation fee for this particular parcel. Rocco Circosta, Director of Public Works, computed the fee. Mr. Circosta stated that in computing the area, he took the total parcel, which is the property owned by Mr. Loizzo, and the parcel to be subdivided which is 30,252 sq. ft. plus the 2,504 sq. ft. and then multiplied that by $7,000 per acre plus the $ 1,750 per dwelling unit. John Colangelo stated that the dwelling unit will be added on. Attorney Beane stated that he disagreed with the thesis that the developer is paying twice on the same property. Each is a different subdivision. One may not constantly subdivide the property, and after the first subdivision, expect to pay a smaller and smaller fee each time. The intention of the resolution is, whenever a new subdivision is created, the portion of the recreation fee based on acerage is computed on the entire property being subdivided, not merely on the new building lot. The Director of Public Woard has always computed the recreation fee in this fashion. Mr. Colangelo stated that they paid a $13,000 recreation fee for the whole subdivision and now we are being charged $7,000 for such a small piece of land. The purpose of the statute is vague because it does not state that it is prorated or proportional it only states that it is per acre. - 14 - 00177a November 27, 1990 Attorney Beane stated that prorated would only mean that instead of going to the next acre that you actually compute proportionally, which was done. Mr. Colangelo stated that he understands that this has always been done this way but all the statute says is per acre. Mr. Colangelo stated that there may not be a subdivision in Rye Brook because they can build a house in Port Chester with the variances created, and we are going in circles. He stated that the Board was being short sided because a bad precedent is being created for those who do create a two foot subdivision and sell their property to the person next door. I Louis Larizza asked the Board if he were to subdivide lots 10 and 11 would he have to pay another $7,000? Mayor Cresenzi stated that if you subdivided lot 10 you would only be using half of that parcel. Mr. Colangelo stated that this Board's Policy may be different from i what it will be years from now or when another Board takes over. Attorney Beane stated that this Board is here now and they have always done the computation this way. Mayor Cresenzi stated that in the Board's opinion, $7,000 is a sufficient amount. Attorney Beane stated that this resolution included all of the usual subdivision resolution provisions including the payment of the recreation fee, and the provisions relating to public improvements including the bonding requirements the provision which requires the legend on the bottom of the subdivision plat to state that the plat is subject to the requirements in the subdivision. The resolution must be made very clear that it is part of the plat; and that the resolution binds the heirs and assigns of the developer and the Village. There also is a six month period to file the map. 6. AWARDING OF VILLAGE-WIDE RECYCLING CONTRACT On Motion made by Trustee Daly, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following Resolution was adopted: RESOLUTION AWARDING OF VILAGE-WIDE RECYCLING CONTRACT #9006 WHEREAS, the Village of Rye Brook is desirous of reducing the amount of solid waste now entering the waste stream; and - 15 - 00177( November 27, 1990 WHEREAS, the Village of Rye Brook is desirous of providing a recycling program to meet the New York State mandate of establishing a recycling program by September 1992; and WHEREAS, the Village of Rye Brook has prepared a request for proposals and forwarded them to eleven prospective contractors; and WHEREAS, request for proposals were opened and reviewed on Wednesday, November 7, 1990; and WHEREAS, only one proposal was submitted by Recycling Industries Corporation of Mamaroneck, N.Y. ; and WHEREAS, the proposed specifications provided for three options, Item 1-Bi-weekly curbside Collection of Recyclables, Item IA-Weekly Curbside Collection of same, and Item 2-Container pickup at residential developments. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby awards this contract to Recycling Industries Corp. of Mamaroneck, N.Y. for the contract period of January 1, 1991 - May 31, 1993; and FURTHER RESOLVED, that the Village hereby chooses Item lA and Item 2 of the bid proposed at and estimated amount cost of $108,000 for Item IA and $125.00 per pickup for Item 2, and be it; FURTHER RESOLVED, that the Village Board of the Village of Rye Brook hereby authorizes the Village Administrator to enter into such contract with Recycling Industries Corporation of Mamaroneck, N.Y. Trustee Daly questioned Avon Circle and the Arbors being that they receive separate garbage pickups. Administrator Russo stated that as far as recycling goes, they will pick up in areas that they previously do not. Paul Levinson, a new resident of Betsy Brown Road stated that he just moved here from Manhatten. He stated that they had more of a segregated recycling program. He questioned if the term comingled meant that all the recyclable materials did not have to be separated by the homeowner. Mayor Cresenzi stated that was exactly what comingled meant, for they try their best to make it as easy as possible for the homeowners. - 16 - November 27, 1990 001770- 7. ADOPTING RULES AND REGULATIONS VILLAGE OF RYE BROOK POLICE DEPARTMENT I Mayor Cresenzi stated that the Board will take this under advisement and this matter will be discussed at a future meeting after review by the Village Board. 8. SETTING DATE FOR DECEMBER BOARD MEETING On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board the fallowing Resolution was adopted: RESOLUTION SETTING DATE FOR DECEMBER BOARD MEETING RESOLVED, that the next regular meeting of the Board of Trustees, of the Village of Rye Brook will be held on Tuesday, December 18, 1990 at 8:00 p.m. at the Village office, 90 South Ridge Street, Rye Brook. 9. CHECK REGISTER On Motion made by Trustee Ravich, seconded by Trustee Smith, 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; on-Line Checks: #1521-1729 Hand Checks: #9755-9774 Payroll Checks: #2692-3016 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. On Motion made by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: - 17 - November 27, 1990 001776 RESOLUTION PUBLIC HEARING NOTICE RESOLVED, that a Public Hearing will be held on Tuesday, December 18, 1990 by the Board of Trustees of the Village of Rye book at the Village Offices, 90 South Ridge Street, Rye Brook, N.Y. at 6:00 p.m. to consider an application for site plan approval by the King Street Nursing Home, Inc. for expansion of the facility at the premises located at 787 King Street and he Village of Rye Brook as Ma of t Y known on the Official Tax p 9 Section 1, Block 8, Lot 3A. WRITTEN COMMUNICATION 10. JAMES J. HOGAN, DIRECTOR OF RESOURCE MANAGEMENT, WESTCHESTER COUNTY RE: RECYCLING GRANT Administrator Russo explained that additional funding in the amount of $2,500.00 from the Westchester County Recycling Loan/Grant Program will go towards the purchase of the remaining blue recycling boxes that are to be distributed to all of the residents of Rye Brook. We are buying the boxes from the Westchester County Bid through which other items for the Village are also purchased. They just opened the bid today and we are awaiting them to award it within the next few days. This additional funding will match the General Foods funding and other monies that we have from the original approval of the Grant Program. The Village has received $3,800.00 from this Grant Program plus over $3,000.00 from General Foods. APPROVAL OF' MINUTES 11. AUGUST 14, 1990 12. SEPTEMBER 18, 1990 After making a few corrections, on Motion made by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the Minutes of August 14, 1990 and September 18, 1990 were approved as amended. Mayor Cresenzi stated that on Thursday, November 29, 1990 at 8:00 p.m. there will be an Airport Update Meeting in the Village Office Meeting Room. Mayor Cresenzi added that the shuttle mission is scheduled for Monday morning at 11:55 p.m. , and the Rye Brook children will be speaking directly with Spaceship Columbia. - 18 - 001'771 November 27, 1990 Trustee Daly questioned in regard to the recycling program as to what was the status of the equipment that the Village was supposed to buy for Cable to show the movie that the Village put together on Recycling. Administrator Russo explained that they have been bidding to get a better price on the equipment. The Village has been currently negotiating with the Cable Company as they may contribute towards the purchase of the equipment. Trustee Filipowski questioned if it was necessary to put a Resolution for the pool committee on the Agenda for December 18, 1990. Administrator Russo replied that the item will be on the December agenda. Trustee Filipowski questioned if the complaint regarding a business being conducted from a home on Windsor Road was looked into. Mayor Cresenzi replied that a summons was issued by the Building Department as soon as the complaint was made. ADJOURNMENT On Motion duly made and seconded the meeting was adjourned at 9:55 p.m. Respectfully submitted, JL Elizabeth Czajcow ki Secretary to the Village Board 19 -