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HomeMy WebLinkAbout1996-01-23 - Board of Trustees Meeting Minutes f AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JANUARY 23, 1996 PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS: 1, DEVELOPMENT APPLICATION FEES AND ESTABLISHING WETLANDS APPLICATION FEE I 2. APPOINTING INSPECTORS OF ELECTION 3. AMENDING APPROVAL OF NISSON SUBDIVISION BEECHWOOD BOULEVARD/KING STREET SECTION 1; BLOCK 10; LOT 4 4. APPROVING SUBDIVISION APPLICATION HOWARD LOEWENTHEIL, INC. 6 HAWTHORNE AVENUE 5. APPROVING HIGH POINT HOSPITAL STIPULATION - KING STREET 6. ADOPTING LOCAL LAW #1-1996 HOME OCCUPATION LAW 7. SETTING GRIEVANCE DAY FEBRUARY 20, 1996 8. AUTHORIZING CONTRIBUTION TO THE VETERANS' CENTRAL COMMITTEE 9. CHECK REGISTER r i I APPROVAL OF MINUTES: 10. JUNE 27, 1995 _ 11. SEPTEMBER 12, 1995 12. SEPTEMBER 27, 1995 13. OCTOBER 10, 1995 14. NOVEMBER 8, 1995 15. NOVEMBER 14, 1995 16. NOVEMBER 28, 1995 17. DECEMBER 14, 1995 18. DECEMBER 26, 1995 j DISCUSSION: ESTABLISHING BOARD OF ASSESSMENT REVIEW NEXT MEETING DATES: • FEBRUARY 13, 1995 - AGENDA MEETING - 7:30 P.M. VILLAGE HALL • FEBRUARY 20, 1995 - GRIEVANCE NIGHT - 6:00 - 10:00 P.M. VILLAGE HALL • FEBRUARY 27, 1995 - 7:00 P.M. - JOINT WORK SESSION -PLANNING BOARD AND VILLAGE BOARD-RE: POLICY DISCUSSION ON THE HANDLING OF AMENDMENTS TO PLANNED UNIT DEVELOPMENTS ("PUD's") -ANTHONY J. POSILLIPO COMMUNITY CENTER • FEBRUARY 27, 1995 - REGULAR MEETING - ANTHONY J, POSILLIPO COMMUNITY CENTER (TO FOLLOW WORK SESSION) i I 006041 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JANUARY 23, 1996 CONVENE MEETING The Meeting was called to order at 7:40 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein-Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Village Treasurer Joseph Cortese Assistant to the Administrator Lori Ann DeMarco Secretary to the Village Board Lisa B. Marinaccio Planning Consultant Christian K. Miller, F.P. Clark Associates Police Chief Robert J. Santoro Building Inspector Rocco V. Circosta Mayor Cresenzi requested Chief Santoro to introduce the two new police officers recently hired by the Village. Chief Santoro introduced Officer John Davison and Officer Craig Nolte and everyone welcomed the new officers. DISCUSSION: Mayor Cresenzi announced that before the Board discussed the agenda it would take comments from the public, because of the size of the crowd in attendance. Mr. Paul Ellenbogen of 412 North Ridge Street, a Rye Brook resident for 17 '/2 years, introduced himself as one of the representatives of the group of people concerned about the proposed change in the fire service. Mr. Ellenbogen asked the Board what the cost to the Village of Rye Brook would be for fire service starting June 1, 1996. Mayor Cresenzi reported on discussions of cost that occurred during the public hearing phase. He said that nothing was on tonight's agenda regarding the fire department. However, the contract that Rye Brook signed is for $755,000 for this fiscal year. Mr. Ellenbogen requested a detailed breakdown of the $755,600. Mayor Cresenzi said, "The money is going to Rural/Metro Corporation. That is the contract cost." Mr. Ellenbogen reported his understanding that more than 50 people requested the contract under the Freedom of Information Act and the five-day limit has passed and no one who requested a copy of this contract received it yet. He said that if the contract had been received by the people who had requested it, some of his questions would already be answered. He asked if anyone had received the contract yet. 006048 January 23, 1996 Mayor Cresenzi directed this question to Administrator Russo who answered that there have been four requests for the contract. The contract was received yesterday and those individuals who have requested a copy of the contract will receive a response to their request tomorrow morning. Mr. Ellenbogen stated that it is well past the five-day deadline on responses. (Note: The New York State Public Officers Law, also known as the Freedom Of Information Law, requires a response within five business days, which can either be a notice of having received the request, or the actual documents requested, depending on each case.) He asked the Board why there was no formal bid process when considering this contract. Mayor Cresenzi directed this question to Village Attorney Kenneth E. Powell. Attorney Powell answered, "Because it is a specialized service." Mr. Ellenbogen asked Attorney Powell what"specialized service" exactly means. Attorney Powell answered, "It is not subject to competitive bidding." Mr. Ellenbogen asked the Board, "Which experts did the Board consult with to advise that Rural/Metro was the correct choice?" Mayor Cresenzi answered, "That decision was made by the Village Board." Mr, Ellenbogen asked the Board which other companies they considered besides Rural/Metro. Mayor Cresenzi explained that Rural/Metro is the largest and best known private fire company in the United States. The other proposal was received from the Uniformed Fire Fighters Association. Mr. Ellenbogen next asked what the fire house(s) would cost. Mayor Cresenzi informed Mr. Ellenbogen that the cost is unknown at this time. Trustee Tunis stated that whether or not Rye Brook stayed with Port Chester's service, a fire house would be built in Rye Brook at Rye Brook's expense. This has been stated at every meeting since July, 1995. Mr. Ellenbogen stated that in Saturday's Daily Item, he saw an article which described the costs for renovation of a fire house in West Harrison at $675,000. Therefore, a reasonable cost estimate for a new fire house would be between $1,500,000 - $2,000,000. Mayor Cresenzi responded that the article he saw in today's paper set the cost for fire house renovations at $475,000-485,000, not $675,000. The Mayor conveyed that the Board thinks the approximate cost to build a new fire house would be in the $1,000,000 range, on the high end. Trustee Strum noted that if Rye Brook will allow development in areas not adequately served by the current fire house set up, then the Village will have to build a fire house to service those areas. The cost to build a fire house would be borne by the Village no matter who provided fire service. Mr. Ellenbogen asked what the true cost to taxpayers would be to build a fire house in addition to equipping it, staffing it and maintaining it. Trustee Strum responded that the true cost of a fire house being built to service an area being developed must be weighed against the increase in tax revenues from the development. Trustee Strum explained that the Village of Rye Brook could not allow development in an area not adequately serviced by a fire company. In order to allow development in the northern part of the Village, the Village must provide services, which will have a financial impact on taxpayers -- provision of vital services for taxes paid being the primary purpose of government. Mr. Ellenbogen did not accept Mr. Strum's answer. Mr. Ellenbogen requested full disclosure of the expenses to date concerning Rural/Metro. He asked for the purchase price and the renovation costs of the trailer. Mayor Cresenzi stated that with regard to the expenses, some work was done to the Village Garage to allow a fire truck to fit there, which already was in the Village's modernization plan for the Village Garage. The beams were structured so that vehicles like the pay loader could not be moved properly and this work would have been done anyway. The Mayor mentioned that the trailer would be used, after the fire department moves out, as an office for the Parks and Recreation Department, which has inadequate space now in the Village Garage. 2 00604) January 23, 1996 Mr. Ellenbogen asked for the costs on the improvements. Mayor Cresenzi stated that most of the items were in a long-range plan that was accelerated to complete various tasks. Trustee Tunis asked to know exactly what Mr. Ellenbogen's group wanted from the Board. Mr. Ellenbogen said that he was present at this meeting to find out, as a home owner, resident and taxpayer of the Village of Rye Brook, the costs of the new fire department. "This is a major fundamental change to the community and... we are upset at the way this was done, hastily,just before the holidays." Mr. Ellenbogen mentioned the meetings of December 14, 1995 and December 21, 1995. He stated that he knew a Resolution was approved later in the evening on December 21, 1995 and the contract was signed on December 22, 1995. He respectfully asked that when anyone signs a contract with such major importance, it should be referred to and reviewed by legal counsel. Mr. Ellenbogen stated that could not have taken place in such a short period of time. Trustee Zuckerman said that the final contract was the one that was signed, but it was not the draft that was sent back and forth for several weeks prior. He said the final contract was under negotiation for the better part of the week since Rye Brook passed a Resolution deciding not to stay with the Village of Port Chester's fire service. There were intense negotiations with Village Counsel who was intimately involved in this process, as he would be with any contract. Trustee Zuckerman said, "The fact is that Rye Brook did not do this hastily at all," and he mentioned the question that this was done over the holiday weekend. Trustee Zuckerman said that Rye Brook was given an ultimatum on December 4, 1995 by the Village of Port Chester. They requested an answer within five days with an implied threat. He stated that he personally resented and he felt that the Board resented any implication that this was done without fully informing the rest of the Village. Trustee Zuckerman said that information has been sent to the residents of Rye Brook, all of the meetings have been on cable television and information has been given to Rye Brook residents over the past six months. Trustee Zuckerman said that this has not been a secret process. Mr. Ellenbogen brought up the Freedom of Information Act and his understanding that information should be received within five days, which did not happen. Attorney Powell explained that the five day limit applies to documents the Village has in its possession. Administrator Russo advised that he had received a copy of the contract yesterday. Mr. Ellenbogen said that was unacceptable. Attorney Powell said that the representation that information requested under the Freedom of Information Act is due in five days is incorrect. Trustee Pellino mentioned that.every meeting was on cable television, press covered the issue in both The Daily Item and the Westmore News, and flyers were mailed to every resident in Rye Brook. Trustee Pellino stated that if there is a Rye Brook resident who does not know what has been taking place regarding their fire service since last January, they would have to be living in a vacuum. Trustee Zuckerman asked Mr. Ellenbogen if he had been attending meetings of the Facilities Committee over the last several months. Mr. Ellenbogen responded, "Absolutely." Trustee Zuckerman said that if Mr. Ellenbogen attended those meetings then he knew what was going on. Mr. Zuckerman said that Mr. Ellenbogen must also know from attending those meetings that one of the sites being considered for a fire house is almost across the street from his home. Trustee Zuckerman's point was that everybody knows what has been happening. He personally respected anybody's opinion who disagreed with what the Rye Brook Board decided, because everybody has a right to their opinion, but to say that Rye Brook residents did not know what was going on is simply untrue. 3 00605.0 January 23, 1996 Discussion returned to the Village Garage issue. Trustee Pellino said that the Village of Rye Brook has been operating since 1983 or 1984 in what was formally known as the Town Garage under an agreement with the Town whereby the Village uses the Garage for various purposes. Rye Brook has made a number of capital improvements to that garage and the property (paving, plumbing, painting, garage doors, etc.) totaling approximately $100,000 to date. Those improvements are scheduled to continue. Everything is in line to use that building for municipal purposes. The Village is committed to maintaining a good and properly running facility there. Mr. Ellenbogen next asked the Board of Trustees how they perceived Rural/Metro's motivation to come to Rye Brook, since they have no other clients in New York State. Mayor Cresenzi said that he could not speak for Rural/Metro, but he would think that they wished to break into the northeast area for business reasons. Mr. Ellenbogen said that there is a restriction in the contract, restricting Rural/Metro from moving their apparatus to other Rural/Metro contracted areas. In other words, if they sign a contract with a neighboring or contiguous area, such as Rye, will they be restricted from moving their equipment to different communities? Mayor Cresenzi stated that the equipment that is under contract will remain in the Village of Rye Brook except for mutual aid. Mr. Ellenbogen had no more questions, but made a brief closing statement. He had assembled a petition for submission tonight, with help from others. Unfortunately, he was not able to get the required number of signatures needed for a referendum, but did get over 400 signatures. Mr. Ellenbogen said that the petition states, "We feel that the community will be better served by deferring one of the most important fundamental questions of how Rye Brook delivers fire service or fire protection (until) after the election, when there will be a fully elected Board and not two appointees." He stated, "In closing, as far as I am concerned, business as usual in Rye Brook, if I have anything to say about it, is over." Mr. Ellenbogen was asked to give the petition to Mr. Russo so that it could be filed. Mayor Cresenzi reminded everyone that this was not a public hearing. Mr. David Turiano of 34 Tamarack Road, asked if there would be a total appropriation for the fire department in the upcoming 1996-97 fiscal year. Mayor Cresenzi referred this question to Mr. Russo, who responded that they only had the contract numbers, which included expenses for salaries and major equipment. Mayor Cresenzi stated that the contract with Rural/Metro is to provide the necessary manpower, apparatus, maintenance of the apparatus and fuel. Regarding the housing they pay for the heat, light, maintenance and upkeep. Mr. Turiano asked if this was included in the $750,000 figure, or if the $750,000 figure will be exceeded? The Mayor responded that it will be for the service. When the Village goes out and builds a permanent fire house facility, the construction costs will be on top of the contract costs. Mr. Turiano asked for the anticipated bottom line figure for fire protection. Mayor Cresenzi stated an estimate of approximately $1,000,000, which can be bonded and repaid over a period of years. He did not know what it would cost on a yearly basis. Trustee Tunis commented that it was always said that Rye Brook would build its own fire house. It is needed in the North end of the Village to allow construction and it is good fiscal planning. 4 00605i January 23, 1996 A member of the public stated that we are spending more on the contract than we would have with Port Chester. Mr. Turiano continued with a question concerning the Competitive Bidding Law. He felt that the legal requirements of the law were not met. He noted three criteria would have to be met in order to circumvent the bidding process. Trustee Zuckerman corrected Mr. Turiano on the appropriateness of Competitive Bidding. If this contract was subject to competitive bidding then a contract with the Village of Port Chester would also be subject to competitive bidding. Since it is a specialized service, it is not subject to competitive bidding. It has nothing to do with emergency status, which is another exception to competitive bidding. It was the belief of Mr. Turiano that two of the criteria that constitute an emergency situation were never met and that it is in the public interest that purchases be made at the lowest possible cost. He asked if this was the case with Rural/Metro. Mayor Cresenzi stated they had received quotes from the Uniformed Fire Fighters which consisted of two alternatives. One was a department of roughly 40 men to provide fire service to the Village at a cost in excess of$2,000,000. The second was a mixed proposal of about 12 paid men supplemented by volunteers at a cost of approximately$1,000,000. Rural/Metro's proposal was 9 paid men supplemented by reserves and that is the $755,000 one. The New York State Firefighter's Association submitted the other proposal. There are other companies like Rural/Metro, but it is the largest and most well known. Mayor Cresenzi commented on the time constraints and stated that during the negotiations in October, Rye Brook requested a 120 day extension of the interim contract, which was expiring at the end of the month. During that time, Port Chester held a public hearing dealing with an extension and they allowed a 90 day extension rather than the 120 days we requested. On December 4th the Resolution came forward saying, basically, that the contract would be based on full assessed value, which did not recognize any of the concerns raised by the Rye Brook Village Board. We had to let them know within five business days what we were going to do. There was a requirement for the Village to come up with a Letter of Credit as Payment. When the Resolution was received (on or about December 5th) Mayor Cresenzi contacted Port Chester, since the five days would be up on the Monday of the following week, and he requested an extension to better deal with the situation. The extension was granted through Thursday, and not Friday as requested. The Board met and decided to leave Port Chester's Fire Department. There was a time constraint we were operating under which started with the December 4th Resolution. Mr. Turiano expressed his concern on how this could have turned into a three year contract from an emergency contract. Mayor Cresenzi explained that it would be difficult for a private company, or anyone in business, to contract for one year, or less than three years, with the tremendous commitment of resources required to initiate a service. A Trustee commented that over the past three years Rye Brook was told by Port Chester to expect soon to pay $1,000,000 for the Port Chester fire contract. The three year contract with Rural/Metro guarantees costs will increase no less than 2% and no more than 6% per year. The last increase by Port Chester was in excess of 17%. Looking forward two years to costs rising from $725,000 to about $950,000 for the fire contract with Port Chester, Rye Brook had no choice but to assume that what Port Chester was saying would happen. The Freedom of Information Act was discussed again. It was stated that Mr. Russo's office would make the contract available the next day. Mr. Paul Cregan, a volunteer firefighter, of 17 Wyman Street stepped forward to speak. He stated that Rye Brook's interpretation created this whole situation. Mayor Cresenzi stated that Rye Brook had tried for months to resolve the contract dispute, and had put together several proposals and alternatives. Rye 5 00605b.a January 23, 1996 Brook stated initially that they would be willing to build a fire house, purchase the equipment for it and pay for half the paid fire fighters in Port Chester to staff it. At that time Port Chester's position was that Rye Brook pay based on full assessed value. We requested some equity, some say in how the money was spent and constant fire protection staff in the Village of Rye Brook. A proposal was put forth to get an appraiser in and have Rye Brook buy into the fire service. While this was ultimately rejected, the point was that Rye Brook was flexible. It became apparent that Port Chester would not change its opinion on using assessed value as the sole method to calculate payment, with which Rye Brook could not agree. Mr. Cregan said that in his opinion the Port Chester Board did not help the situation, but Rye Brook's decision to go with a company -- and a number of people who were at the December 21 st public hearing agree -- was the wrong decision. He referred to a petition with signatures stating that this is too big a change for this Village and its Board to take on. Village Attorney Ken Powell stated that he did not believe that this was subject to a Referendum. Mr. Cregan stated that Mr. Powell's is not the only opinion that counts. Mayor Cresenzi stated, "In the Board's opinion we are on solid ground. We did the right thing for the Village." Mr. Cregan continued with additional questions on Rural/Metro and commented that the entire meeting of December 21 st was not shown on cable. Mayor Cresenzi stated that it was a judgement call since there were two tapes as the meeting was a very, very long meeting. The portion with the Rural/Metro presentation was aired, as was the second half of the tape,completely unedited. Mr. Cregan questioned the statement that Rural/Metro would own both pieces of apparatus. It was changed to two pieces owned by Rural/Metro and one owned by Rye Brook, which is a twenty-year old refurbished piece, and now a fourth truck is being purchased. He stated that there is no fire expertise guiding the Board in its decisions. Mayor Cresenzi responded that at the Public Hearing it was stated that two pieces would be owned by Rural/Metro. Chief Buntz had described the Seagrave as a refurbished apparatus to be owned by the Village. The maintenance of the equipment is to be paid for by Rural/Metro and not the Village. Mayor Cresenzi referred to the proposal from the Firefighter's Association regarding a list of equipment which included three pieces of apparatus -- a truck and two engines. With the overall service and staff being provided, the Board felt that there would be a need for the fourth truck to be manned by reservists. Mr. Cregan raised another question that reservists are not dispatched until there is confirmed smoke or fire at the location. Mayor Cresenzi stated his understanding that when there is a call they will alert all reservists and they expect 80% of them to respond. Mr. Cregan asked how much of the budget is allocated for paid reserves and discussion ensued concerning responses. A member of the Board suggested that since Mr. Cregan is a member of the Port Chester Fire Department and a resident of Rye Brook, it would be appropriate for Mr. Cregan to meet with the Fire Chief and go over the plan with him. Mr. Cregan felt that it would be an excellent idea and asked the Board to set it up. Mayor Cresenzi stated that the Chief is moving here permanently and the Captains are in now and are working to get to know the area. Mayor Cresenzi stated that with regard to Port Chester, suggestions made for Rye Brook to become a partner in the service were rejected. "We have not heard anyone say, `Rye Brook is right. We need to make a change in the service and the way it is delivered. Let's work with them and have that happen.' What we heard is, `Let's not have a change.' No one ran with the ball and said, `Let's make it better.' " 6 006058 January 23, 1996 Trustee Zuckerman stated that the Fire Chiefs were asked if they could work independently of the Port Chester Board and they said they could not. Mutual aid was questioned by a member of the public with regard to surrounding communities, and a member of the Board stated his understanding that the Port Chester Fire Chief did not want Port Chester to get mutual aid from Rye Brook. Mr. Milton Meisken, a former Trustee, commented on the relationship between the Rye Brook and Port Chester boards. Rye Brook has always been willing to share in the costs and only asked for some control over the cost. The books were never shared with us. It was simply said, "Here is the bill." This is still the attitude. Port Chester basically blew the whole thing. The best thing would have been for Rye Brook to have been serviced by the Washington Park Fire House and for Rye Brook to build its own fire house in the northern section of the Village so that everyone in the community would have been equitably served. Not one volunteer fire company ever said, "If you build a house, we will man it." An argument followed, but Mayor Cresenzi restored order. Mr. Meisken continued that the Board trying to act in the best interests of the Village, since they live here with their families too. He explained that Rye Brook's only recourse, after being rebuffed by Port Chester, was to say to Port Chester, "If you are not going to respond to our requests -- if you are not negotiating-- and you are simply handing us a bill, then we have to do something else." Duncan McCray commented regarding their role in the process as far as proposals and contracts. "What we did, basically, was give a guideline to create a municipal fire department." Additionally he noted that reservists are paid a little above minimum wage. Mayor Cresenzi stated that the reservists want to do this, and the wage is a stipend to help them a little bit. Mr. McCray stated that the Secretary of State will meet with the New York State Fire Advisory Board tomorrow to listen to its concerns. The New York State Office of Fire Prevention Control is responsible for the qualifications and certifications of professional and volunteer firefighters in the state. Certain criteria are looked at, the first of which is that paid firefighters receive 229 hours of initial training prior to certification as a firefighter. We believe that the Rural Metro firefighters only receive 15 hours of certified training, which means that there is not one firefighter on the Rural Metro team, right now, who has been certified by the State of New York. These are some of our concerns. The Mayor asked Mr. McCray to sum up his comments. Mr. McCray offered to make a presentation outside to the citizens. He concluded his comments, stating, "Rural Metro is not your best answer to this particular problem. We have made all efforts to legitimize your fire department. You are running a great risk in not having the Village of Port Chester respond to Rye Brook fires. There is a possibility -- which is a bad thing -- that Port Chester is going to let... ...it is not the Fire Chiefs who make these agreements, it is the municipal leaders such as yourself that get involved in mutual aid agreements. The political climate appears to be that there is a consensus for them to pull out of the mutual aid agreement..." Mayor Cresenzi called for a 15 minute recess. The meeting reconvened at 9:10 p.m.. Administrator Russo was asked to read the first resolution. On the motion of Trustee Tunis, seconded by Trustee Strum, the following Resolution was hereby adopted: 7 0060511, January 23, 1996 RESOLUTION WHEREAS, the Village of Rye Brook has a schedule of fees under Chapter A257-1 of the Village Code that sets fees for Site Plan Review and Subdivision Review; and WHEREAS, new fees have been provided for under the Village Code that have not yet been formalized in the fee schedule, specifically a schedule of Professional Fees for services rendered by such Village Officials or the Village Attorney(or consulting attorney), the Village Engineer(or consulting engineer) and the Village Public Works Director, etc. NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook Board of Trustees revokes the old sections of the Village Fee schedule in Chapter A257-1 relevant to Site Plan Review and Subdivision Review, which were adopted by Resolution on January 15, 1985, and it is FURTHER RESOLVED that the Board of Trustees for the Village of Rye Brook hereby adopts new fee schedules under Chapter A257-1 for Site Plan Review and Approval which includes a new fee category for developments built in the large tracts of land covered by Planned Unit Development (PUD) Zones; Subdivisions; enacts a Wetlands Fee (to be inserted after Tree Permits) pursuant to the Village Code Chapter 245-6; and enacts a schedule of Professional Fees (to be inserted after Plumbing Installations) pursuant to the Village Code Chapter 47-1. These fees are as follows: Code Section: Subject: Amount: 47-1 Professional Fees: Village Attorney $110 per hour Village Engineer $85 per hour Village Public Works Director $50 per hour Other applicable fees @ cost of outside consultant 209-2 Site Plan Review and Approval: Multi-family dwellings $200 plus $100 per unit Non-Residential $200 plus $20 per parking space 250-7 E (1) Planned Unit Development $350 per acre (PUD) 219-20 Subdivisions: Application and review $200 plus $100 per new lot created 245-6 Wetlands and Watercourses: Permit $100 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 8 J 00605: January 23, 1996 On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK - MARCH 19, 1996 RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be two (2) Inspectors of Election for each Election District in the Village Election to be held on March 19, 1996 from 7:00 a.m. to 9:00 p.m.; and be it FURTHER RESOLVED, that the following Chairpersons and Inspectors of Election are hereby appointed: #20 Connie Pennucci, Chair 525 Ellendale Avenue PCMS 939-4223 #20 Vinnie Marcucilli 180 Fairview Avenue PCMS 939-6853 #21 Betty Greto, Chair 3 West Street PCMS 939-5491 #21 Beth Bandy 11 Lincoln Avenue PCMS 939-5334 #22 Sonia Briganti, Chair 54 North Ridge Street, Apt. 54B BBHS 935-9952 #22 Olga Moscowitch 314 Willett Avenue, Port Chester BBHS 939-6827 #23 Judy Uhry, Chair 19 Rock Ridge Drive RSS 937-1295 #23 Gene Reich 1 I Winthrop Drive RSS 937-4298 #26 Mildred DiSanto, Chair 151 North Ridge Street PCHS 937-5876 #26 Josephine Aulenti 127 North Ridge Street PCHS 939-1191 #27 Maria Varbero, Chair 10 Paddock Road RSS 937-4626 #27 Frances Forti 17 Division Street RSS 939-1807 #29 Patricia Pagli, Chair 395 Westchester Avenue RSS 939-1031 #29 Marie Godano 16 Jennifer Lane RSS 937-5010 FURTHER RESOLVED, that the following Alternate Inspectors of Elections are hereby appointed: Jane DiLeo 20 Wyman Street, RB 939-2071 Pamela Lauth 417 King Street, PC 939-5530 Corrine Norris 64 Windsor Road, RB 939-5928 Eileen Fleming 59 Avon Circle, RB 937-5612 Charlotte Ross 377 Westchester Avenue, PC 939-7152 Barbara Minittee 814 King Street, PC 939-9021 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9 006056 January 23, 1996 On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION AMENDING APPROVAL OF NISSON SUBDIVISION BEECHWOOD BOULEVARD/KING STREET SECTION 1; BLOCK 10; LOT 4 WHEREAS, on May 25, 1995 the Village of Rye Brook Board of Trustees approved a subdivision application made by Edith Nisson, for a 3 lot subdivision of a 2.13 acre parcel, located in both Rye Brook and Port Chester at and to the North of the intersection of King Street and Beechwood Boulevard; and WHEREAS, on August 8, 1995 the Board of Trustees of the Village of Rye Brook extended the duration of its approval, and further extended the approval on November 14, 1995 to enable the applicant to obtain an amended subdivision approval from the Village of Port Chester on account of a revision in Port Chester zoning regulations; and WHEREAS, following the approval of the revised plat by Port Chester on November 6, 1995, by letter dated November 27, 1995, the attorney for the applicant requested an amended approval from Rye Brook of the plat revised to increase lot 2 from 16,243 square feet to 20, 015 square feet and decrease lot I from 53, 075 square feet to 49,267 square feet (28,746 square feet in Rye brook); and WHEREAS, on January 9, 1996 the Board of Trustees of the Village of Rye Brook after due notice held a public hearing on the revised subdivision plat consisting of a Subdivision Plat for the Property of Estate of Edith Nisson, prepared by Edward Crothers, Surveyor, completed November 7, 1995; and WHEREAS,the action is an unlisted action under SEQR which will have no significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED, that the revised plat described above is approved; and be it FURTHER RESOLVED,that all other terms, conditions and provisions of the resolution of approval adopted on May 25, 1995 for the Nisson Subdivision shall remain in full force and effect. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE On the Motion made by Trustee Tunis, seconded by Trustee Strum, the following Resolution was hereby adopted: 10 MDQ60`i7 January 23, 1996 RESOLUTION SUBDIVISION APPROVAL HOWARD LOEWENTHEIL INCORPORATED 6 HAWTHORNE AVENUE CLUSTER SUBDIVISION WHEREAS, Howard Loewentheil Incorporated submitted an application to subdivide approximately 1.36 acres of property at 6 Hawthorne Avenue, Rye Brook, New York into 4 lots as a cluster development under Section 7-738 of the Village Law; and WHEREAS,the application was presented under a stipulation of settlement and discontinuance in Howard Loewentheil Inc v Village of Rye Brook et al., Index No., 21697/93, settling a long-standing controversy in the Village; and WHEREAS, on November 15, 1995 the Planning Board recommended the approval of the subdivision application with the applicant to address comments made in a memorandum of November 10, 1995 of Village Planning Consultant Frederick P. Clark Associates, Inc.; and WHEREAS, on January 9, 1996 the Board of Trustees of the Village of Rye Brook held a public hearing on the subdivision application after due notice; and WHEREAS, the application seeks approval to subdivide the tract into 4 lots as follows: Lot 1 - 13,464 square feet (31 acre); Lot 2 - 11,753 square feet (.27 acre); Lot 3 - 16,595 square feet (38 acre); Lot 4 - 17,506 square feet (A acre), will preserve the existing house on Lot 4, and the large Sycamore tree on Lot 2; and WHEREAS, the Board of Trustees finds the application is a suitable 4 lot cluster subdivision under Section 7-738 of the Village Law and invoking this authority will enable and encourage flexibility of design and development of land in such manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of land; and WHEREAS, the application consists of the following plans: A. Cluster Subdivision, No. 6 Hawthorne Avenue prepared for Howard Loewentheil Incorporated and Peter Murray, Village of Rye Brook, Westchester County, by Ralph George Mastromonaco, P.E., Consulting Engineers, 13 Dove Court, Croton-on-Hudson, New York 10521 dated August 28, 1995 last revised November 20, 1995, Sheet i of 5; B. Erosion Control Plan, Sheet 2 of 5, dated August 28, 1995 last revised November 20, 1995; C. Landscaping Plan, Sheet 3 of 5, dated August 28, 1995, last revised November 20, 1995; D. Profiles, Road/Drainage, Sheet 4 of 5, dated August 28, 1995 last revised November 20, 1995; E. Details, Sheet 5 of 5, dated August 28, 1995 last revised November 2, 1995. 11 006058 January 23, 1996 WHEREAS, the Board of Trustees finds the application to be an unlisted action under SEQR which will have no significant adverse impact on the environment since the application is to build 3 additional single family homes in a residential neighborhood with the existing residence and the specimen Sycamore Tree to be preserved. WHEREAS, a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational proposes within the Village based on an evaluation of the present and anticipated future needs for park and recreational facilities in the Village, based on projected population growth to which the subdivision will contribute, but, after assessing the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood, a suitable park or parks of adequate size to meet the requirement cannot be properly located on the subdivision plate, therefore, a fee in lieu of land reservation will be made. NOW, THEREFORE, BE IT RESOLVED, that the application of Howard Loewentheil, Inc. for approval of final plat as shown on the plans described above is hereby granted and the Mayor is authorized to sign the plat subject to the following conditions: CONDITIONS TO BE COMPLETED BEFORE PLAT IS SIGNED: 1. The final plat shall be endorsed by the Westchester County Department of Health, if required, prior to signing of the plat by the Mayor. 2. Common driveway easements and maintenance agreements for the two driveways shown on the plans shall be submitted and approved by the Village Attorney prior to signing of the plat by the Mayor and such easements and maintenance agreements shall be filed in the office of the County Clerk, Division of Land Records contemporaneously with the filing of the plat. 3. The tree protection/no construction area surrounding the large Sycamore tree shall be shown on the plat. The plat shall include the following note: No storage, parking, excavation, filling of entry in the tree protection/no construction areas shall be permitted during construction except for the sole purpose of removing the existing swimming pool during which use of equipment shall be minimized as much as possible and immediately after the pool is removed and replaced with fill, the area should be secured. After construction, there shall be no storage, parking excavation, or filling in or on the tree protection/no construction area. OTHER CONDITIONS: 4. The large Sycamore tree on Lot 2 shall be preserved insofar as possible and the tree protection laws of the village of Rye Brook shall be strictly complied with at all times. 5. The Landscaping Plan shall be revised to show the trees to be removed and, as revised, shall be complied with. The new plantings shall be from a cultivated source. 6. The applicant shall submit to the Director of Public Works five (5) copies of the final plat showing 12 00605 ii January 23, 1996 the endorsement of the County Clerk within 30 days of filing. 7. The applicant shall furnish a copy of this final subdivision approval Resolution to each purchaser of a lot in the subdivision prior to the transfer of title and shall present verification that such notice has been given to the Village Attorney in the form of a receipt signed by the purchaser. 8. The applicant shall pay a recreation fee to the Village in the sum of$14,770.00. The recreation fee of$4,923.00 shall be paid to the Village with respect to each of the 3 new lots 1, 2 and 3 simultaneously with the earlier of(a) the sale of the lot, or(b)the issuance of a certificate of occupancy for a house constructed upon the lot; provided, however, that all recreations fees shall be paid within two years following the date that the subdivision is filed in the Office of the Clerk of Westchester County. Plaintiff shall file the subdivision within thirty days after the date it is signed by all requisite agencies; and it is FURTHER RESOLVED, that pursuant to Section 7-738 of the New York State Village Law and the provisions of§ 219-14B of the Code of the Village of Rye Brook, the Village Board of Trustees hereby modifies the minimum lot area, lot dimension and building dimension provisions of the R-15A One- Family Residential District as follows: 1. Lots 1 and 2 shall not have a minimum lot area less than eleven-thousand, five-hundred (11,500) square feet. 2. Lot 1 shall not have a minimum horizontal circle diameter of less than eighty (80) feet. 3. Lot 3 shall not have a minimum horizontal circle diameter of less than sixty(60) feet. 4. Lots 1 and 2 are not required to have frontage on a street. 5. Lot 3 shall not have a frontage of less than forty (40) feet. 6. Lot 1 shall not have a rear yard of less than forty(40) feet. 7. Lot 2 shall not have a rear yard of less than twenty (20) feet. 8. Lot 3 shall not have a rear yard of less than thirty-five (3 5) feet. 9. Lot 4 shall not have a rear yard of less than thirty(30) feet. All other zoning provisions shall be the same as those normally applicable to dwellings in the R-15A One- Family Residential District. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 13 006060 January 23, 1996 On the Motion of Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION HIGH POINT HOSPITAL KING STREET WHEREAS, the Village of Rye Brook (the "Village") and High Point Estates, Inc. ("High Point") duly entered into a Stipulation of Settlement on May 25, 1994 in an action entitled Village of Rye Brook v. High Point Estates Inc., (Sup. Ct. Westchester Cty. Index No. 4386/91) (Hon. Samuel G. Fredman, J.S.C., presiding), which Stipulation of Settlement was "so ordered" by the Court on June 22, 1994 and has the force and effect of a court order; and WHEREAS, the Stipulation of Settlement requires the Board of Trustees of the Village to adopt a resolution directing certain provisions of said Stipulation to be performed by the Village; and WHEREAS, the Village wishes to implement the "so ordered" Stipulation by enacting the Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village finds that the action undertaken by virtue of the Stipulation of Settlement will have no significant effect upon the environment; and be it FURTHER RESOLVED, that the subdivision approval requirements in Chapter 219 of the Code of the Village of Rye Brook are hereby waived with respect to the subdivision of the parcels to be conveyed pursuant to said Stipulation, and all approvals required to be processed by the Village, including, but not limited to, the approvals by the Planning Board and Board of Trustees of the Village are deemed to have been satisfied to effectuate the conveyances of, in the aggregate, the three (3) acres of property to the Village by two (2) bargain and sale deeds with covenants against grantor's acts as set for in¶2 of the Stipulation of Settlement, "so ordered" by the Supreme Court, Westchester County; and be it FURTHER RESOLVED, that the Village, by the Mayor or other appropriate Village Official, shall, as soon as practicable, file the Map referred to in¶ 1 of the Stipulation in the office of the Westchester County Clerk's Office, Division of Land Records, in accordance with the provisions of the Stipulation of Settlement, "so ordered" by the Supreme Court, Westchester County; and be it FURTHER RESOLVED, that pursuant to ¶4 of the Stipulation, High Point's conveyance of the delineated acreage to the Village shall be credited as the equivalent of High Point having dedicated said acreage to the Village in connection with any further development of the entire High Point property for whatever purpose it ultimately may be so developed under existing Village land use and zoning regulations as of the time of said development. This provision shall be applied in the manner set forth in the example stated in¶4A of the Stipulation of Settlement and shall apply equally to any acreage which may be conveyed to the Village in connection with "swapping" or substituting part of the High Point property for any other part of the High Point Property, including, but not limited to, the delineated acreage; and be it FURTHER RESOLVED, that in no event shall High Point, its successors or assigns, be permitted more than a single credit for the three (3) acres as set forth in the Stipulation of Settlement, "so ordered" by the Supreme Court, Westchester County; and be it 14 00606-1. January 23, 1996 FURTHER RESOLVED, that the Village, by the Mayor or other appropriate officials, shall prepare, execute and file with the County Clerk of Westchester County, Division of Land Records, a release of the lisep ndens for the property of High Point based on the provisions of the "so ordered" Stipulation, including the delivery by High Point to the Village of the two (2) bargain and sale deeds with covenants against grantor's acts in recordable form, as required by¶2 of the Stipulation of Settlement, "so ordered" by the Supreme Court, Westchester County; and be it FURTHER RESOLVED, that the Mayor shall be authorized to take all further action necessary to implement the provisions of the Stipulation, including, but not limited to, signing the release on behalf of the Village to be exchanged with High Point; and be it FURTHER RESOLVED, that in accordance with 16 of the Stipulation of Settlement, the "North/South Road" on the High Point property shall be deemed abandoned by the Village to the extent not previously abandoned by prior Resolution; and be it FURTHER RESOLVED, that a copy of the "so ordered" Stipulation shall be annexed hereto as Exhibit "A", and copies of the two (2) Bargain and Sale Deeds are annexed hereto as Exhibits "B" and "C" and each document is incorporated in this Resolution as if fully set forth herein. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PEI LLINO VOTING AYE MAYOR CRESENZI VOTING AYE On the motion of Trustee Pellino, seconded by Trustee Strum, the following Resolution was hereby adopted: RESOLUTION ADOPTION OF HOME OCCUPATIONS LOCAL LAW WHEREAS, the Board of Trustees finds after a review of the Full Environmental Assessment form ("EAF") that the adoption of the Local Law will not have any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that this action is found to be an unlisted action under the State Environmental Quality Review Act ("SEQRA") and the accompanying Negative declaration is adopted; and it is FURTHER RESOLVED, that Local Law Introductory#4-1995 is enacted into law and will be adopted as Local Law#1-1996. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 15 006062 January 23, 1996 A LOCAL LAW amending the Zoning Law of the Village of Rye Brook to provide for the regulation of home occupations. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: § 1. Section 250-2 of the Code of the Village of Rye Brook is amended to revise the definition of "HOME OCCUPATION" to read as follows: HOME OCCUPATION -- Any commercial use customarily conducted entirely within a dwelling and carried on by the residents thereof who are personally present during substantially all of the operations of the home occupation, and no more than two (2) non- resident employees, subject to the regulations of§ 250.38, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a hospital, barbershop, beauty parlor, coffee house, tearoom, rooming house, tourist home, animal hospital or any similar use shall not be deemed to be a "home occupation." § 2. Section 250-19(B) of the Code of the Village of Rye Brook is amended to read as follows: B. Permitted accessory uses: (1) Home occupations as defined in § 250-2 and as regulated under § 250-38 of the Code of the Village of Rye Brook. (2) Keeping of not more than two (2) nontransient roomers or boarders in any dwelling. (3) Garden house, toolhouse, playhouse or greenhouse, not used for commercial purposes. (4) Private garage for one (1) passenger vehicle for each two thousand (2,000) square feet of lot area. § 3. Section 250-28(B)(1) of the Code of the Village of Rye Brook is amended to read as follows: (1) Permitted accessory uses: the same as in the R-20 District above, except as provided in Article IV, § 250-7B. § 4. Chapter 250 of the Code of the Village of Rye Brook is amended to add anew § 250-38 to read as follows: § 250-38. Home Occupations Regulations A. Purpose. Recognizing the fact that many residents of the Village of Rye Brook 16 00606) January 23, 1996 currently maintain home occupations or may choose to do so at some point in the future, the Village has determined to provide a mechanism for permitting such uses, subject to appropriate review and the implementation of mitigation measures where appropriate. After careful consideration and review, the Village recognizes that home occupations provide benefits to the Village and its residents including, but not limited to, the following: providing residents, particularly working parents, single parents and the handicapped, with the opportunity to work at home; potentially reducing the costs of home ownership; and increasing the number of adults in the community's residential neighborhoods, thereby potentially increasing those neighborhoods vitality, safety and security. Conversely, the Village recognizes that unrestricted use of residentially zoned properties for nonresidential purposes carries with it the potential for conflicts with and detrimental impacts on the primarily residential purposes and character of the residentially zoned areas. Examples of potentially deleterious impacts associated with the nonresidential use of residentially zoned properties include, but are not limited to the following: increases in traffic, sewerage, trash and noise; the generation of odors, glare and television and radio interference above and beyond levels normally associated with residential use of properties; and changes to the property's aesthetics that are inconsistent with, and potentially detrimental to, surrounding residential uses. In order to further the benefits of home occupations, including those identified above, while mitigating the potentially detrimental off-site impacts of home occupations, including those identified above, the Village has enacted these regulations. B. Definitions and interpretations. Words and phrases used in this Section shall have the meanings set forth in this Subsection. Words and phrases not defined in this Section but defined in § 250-2 of this Chapter, shall be given the meanings set forth in such Section. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Except where the context otherwise requires, all words in the singular shall include the plural number and vice versa. Headings or captions are for reference purposes only and shall not be used in the interpretation of this Section. TIER I HOME OCCUPATION -- Any home occupation conducted entirely within a dwelling, carried on only by the residents thereof and which meets all of the conditions of§ 250-38(D)(1)(a) of this Chapter. TIER II HOME OCCUPATION -- Any home occupation conducted entirely within a dwelling, carried on by the residents thereof and not more than one (1) nonresident employee and which meets all of the conditions of§ 250-38(D)(2)(a). TIER III HOME OCCUPATION -- Any home occupation conducted entirely within a dwelling, carried on by the residents thereof and not more than two (2) nonresident employees and which meets all of the conditions of§ 250-38(D)(3)(a) 17 006064 January 23, 1996 C. General regulations. (1) Recognizing that the primary purpose of residential districts and the properties located therein is residential use, the burden of proof in demonstrating compliance with these regulations in order to develop and maintain a home occupation within a residential district shall be upon the applicant. The applicant shall bear the burden of satisfactorily demonstrating that the home occupation will conform with the following: (a) The proposed home occupation use shall not cause a significant increase in traffic upon the adjoining roadway; (b) Suitably screened adequate parking, meeting all of the requirements of§ 250-6(G) of this Chapter, shall be maintained throughout the duration of the use; (c) The primary residential purpose of the lot shall be maintained; to this end, home occupation use of the property (inclusive of permitted storage of all materials) shall be limited to not more than one thousand square feet (1,000 s.f.) or twenty-five percent (25%) of the gross floor area of the principal residential structure, whichever is less; (d) Except as permitted by §§ 250-38(1))(1)(a)(9), 250-38(D)(2)(a)(9) and 250-38(D)(3)(a)(12) herein, the lot and all its structures shall maintain their residential appearance from the outside of the structure; (e) The home occupation shall comply with all other applicable federal, state, county and local regulations; (f) The nature and intensity of the home occupation shall not create hazardous or detrimental conditions or generate any objectionable noise, odors, fumes, lighting, glare, or other adverse impacts; (g) The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises; and (h) Notwithstanding the provisions of§ 250-38(D)(2)(a)(1) and § 250- 38(1))(3)(a)(1) herein to the contrary, no more than two (2) nonresident employees shall be permitted in any home occupation. D. Conditions for home occupations. Recognizing that different home occupations exhibit varying potentials for generating off-site impacts, the Village adopts three tiers of home occupations for the purposes of establishing review procedures and approval conditions identified in either § 250-38(D)(1)(a) or § 250-38(D)(2)(a), 18 00000 January 23, 1996 the applicable review procedure and approval conditions for a home occupation permit shall be that of the Tier in which all of said conditions are met. (1) Tier I home occupations. (a) Tier I home occupations meeting all of the standards of§§ 250- 38(A) and 250-38(C) herein are permitted as-of-right in all residential zoning districts provided they conform with the following additional conditions: [1] No employees other than the resident(s) of the property shall be permitted. [2] The maximum number of visits, other than pick-ups and deliveries as set forth in § 250-38(D)(1)(a)(3) herein, by clients, customers and others coming to do business at the site of the home occupation shall be limited to no more than twelve(12) per year. [3] No more than five(5) pick-ups or deliveries per week, other than regular mail, commercial mail service and overnight delivery service, shall be permitted. [4] No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted. No outdoor storage shall be permitted. [5] No equipment other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers or postage meters) or equipment that might typically be used in a residential use shall be permitted. [6] No production of materials other than written materials computer generated materials or a type and quantity of materials that might typically be created as part of a residential hobby shall be permitted; in no case shall any manufacturing, assembly, or food preparation be permitted. [7] No emissions of noise, odors, fumes, glare or lighting, or radio or television transmissions which cause electromagnetic interference shall be permitted beyond the property line. [8] Sewerage and trash generation shall be limited to that generated by normal household use. 19 P j'- 006066 January 23, 1996 [9] Signage shall be as permitted under § 250-35 of this Chapter. (2) Tier II home occupations. (a) The Village Building Inspector is authorized to approve a Tier II home occupation permit in a residential zoning district provided the applicant demonstrates compliance with the standards of§ 250-38(A) and § 250-38(C) herein and conforms with the following additional conditions: [1] No more than one (1) employee other than the resident(s) of the property shall be permitted. [2] The maximum number of visits, other than pick-ups and deliveries as set forth in § 250-38(D)(2)(a)(3) herein, by clients, customers and others coming to do business at the site of the home occupation shall be limited to no more than five (5) per week with not more than one (1) visitor at a time. [3] No more than five (5) pick-ups or deliveries per week, other than regular mail, commercial mail service and overnight delivery service, shall be permitted. [4] No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted. No outdoor storage shall be permitted. [5] No equipment other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers or postage meters), electrical machinery with a maximum of two horsepower (2 hp.) or equipment that might typically be used in a residential use shall be permitted. [6] No production of materials other than written materials, computer generated materials, materials created by light assembly performed by hand or with electrical equipment with a maximum of two horsepower (2 hp.), or a type and quantity of materials that might typically be created as part of a residential use shall be permitted. [7] No emissions of noise, odors, fumes, glare or 20 00606 1 January 23, 1996 lighting, or radio or television transmissions which cause electromagnetic interference shall be permitted beyond the property line. [8] Sewerage and trash generation shall be limited to that generated by normal household use. [9] Signage shall be as permitted under § 250-35 of this Chapter. (b) Applicants for Tier II home occupations shall be made on forms provided by the Building Department. The applicant shall also provide the information identified in § 209-3(C) of the Code of the Village of Rye Brook, as well as additional information as may be requested by the Village Building Inspector. Within thirty (30) calendar days of receiving a complete application, the Building Inspector shall approve, approve with conditions or deny the application in writing. Denials and approvals with conditions shall state the reasons for the denial or conditions of approval. (c) All approved Tier II home occupation permits shall be valid for a period of one (1) year from the initial date of approval. (d) Approved Tier II home occupation permits may be renewed annually, provided there has not been any violation of the provisions of this Chapter, and subject to the right of inspection of the premises by the Building Inspector. Requests for renewals shall be submitted to the Building Inspector, accompanied by the prevailing renewal fee and renewal application form, one (1) month prior to the expiration of the approved permit. (3) Tier III home occupations. (a) The Village Board of Trustees shall approve a Tier III home occupation special permit in a residential zoning district provided the applicant demonstrates compliance with the substantive and procedural requirements of§ 250-6(H) of this Chapter, the standards of§ 250-38(A) and § 250-38(C) herein and conforms with the following additional conditions: [1] No more than two (2) employees other than the resident(s) of the property shall be permitted. [2] The front or side yard of the lot on which the home occupation is located shall abut a main artery or intersecting street as defined in § 240-11 of the Code of the Village of Rye Brook. 21 00606 January 23, 1996 [3] The maximum number of visits, other than pick-ups and deliveries as set forth in § 250-38(13)(3)(a)(4) herein, by clients, customers and other coming to do business at the site of the home occupation shall be limited to no more than three (3) per hour or more than three (3) visitors at a time. [4] No more than five (5) pick-ups or deliveries per week, other than regular mail, commercial mail service and overnight delivery service, shall be permitted. [5] No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted. No outdoor storage shall be permitted. [6] No equipment other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers, medical or dental equipment or postage meters), electrical machinery with a maximum of two horsepower (2 hp.) or equipment that might typically be used in a residential use shall be permitted. [7] No production of materials other than written materials, computer generated materials, materials created by fight assembly performed by hand or with electrical equipment with a maximum of two horsepower(2 hp.), or a type and quantity of materials that might typically be created as part of a residential use shall be permitted. [8] No emissions of noise, odors, fumes, glare or lighting, or radio or television transmissions which cause electromagnetic interference shall be permitted beyond the property line. [9] Any trash generation that is in excess of that what is typical of any normal household use shall not be permitted, unless disposed of by a private carter. [10] Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations. [11] Any discharge of waste into sanitary sewers other than that typical of a residential use shall not be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations. 22 I 006069 January 23, 1996 [12] Signage shall be as permitted under § 250-35 of this Chapter. [13] Hours of operation shall be limited to 8:00 AM to 8:00 PM Monday through Friday, unless otherwise determined or modified by the Village Board, based upon its review of the particular characteristics of the proposed use. (b) Applications for Tier III home occupations shall be made on forms provided by the Building Department. The applicant shall also provide the information identified in § 209-3(C) of the Code of the Village of Rye Brook, as well as additional information as requested by the Village Building Inspector. (c) All approved Tier III home occupation special permits shall be valid for a period of one (1) year from the initial date of approval. (d) Approved Tier III home occupation special permits may be renewed annually provided there has not been any violation of the provisions of this Chapter, and subject to the right of inspection of the premises by the Building Inspector. Requests for renewals shall be submitted to the Building Inspector, accompanied by the prevailing renewal fee and renewal application form, one (1) month prior to the expiration of the approved permit. E. Existing Home Occupations. A lawfully permitted home occupation existing at the time of adoption of this Section may be continued although such home occupation does not conform to the regulations specified in this Section. Said home occupation shall be deemed a nonconforming accessory use and shall be subject to compliance with the regulations of§ 250-6(F) of this Chapter. § 5. This local law shall take effect immediately upon filing in the office of the Secretary of State. On the Motion of Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SETTING GRIEVANCE DAY FEBRUARY 20, 1996 WHEREAS, the tentative Assessment Roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester on February 1, 1996; and WHEREAS, said Assessment Roll may be seen and examined by any interested person until the 3rd Tuesday in February(February 20, 1996) at the Assessors Office, Town Rooms, 10 Pearl Street, Port 23 f ' 006011 to January 23, 1996 Chester, New York; and WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook an application for review not later than the third Tuesday in February. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Assessment Review will meet on said third Tuesday, February 20, 1996 at the Village Office, 90 South Ridge Street, Rye Brook, New York between the hours of 6:00 p.m. and 10:00 p.m. to consider those applications that have been filed on or before that date. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Zuckerman suggested the Board proceed with its discussion on the possibility of establishing an independent Board of Assessment Review. Right now the duties of the Village Board include Grievance Day Hearings and the Settlements. The Town of Rye and other places have independent Boards of Assessment Review made up of citizens and it was the suggestion of Trustee Zuckerman that for the next year an Independent Board of Assessment Review be established. The Board agreed unanimously with Trustee Zuckerman. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING CONTRIBUTION TO THE VETERANS' CENTRAL COMMITTEE WHEREAS, the Veterans' Central Committee is responsible for all free burials in Greenwood Veterans' Cemetery in Rye, including any Veteran from Rye Brook; and WHEREAS, the Veterans' Central Committee funds the annual local Memorial Day ceremonies and flag placing on graves of all Veterans from the Town of Rye. NOW, THEREFORE, BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby approve the payment of$750 to the Veterans Central Committee, 10 Pearl Street, Port Chester, New York to assist the Veteran's Central Committee in the conduct of Memorial Day and Veterans' Day programs as set forth in the letter from Frederick C. Schmaling dated January 10, 1996. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 24 G January 23, 1996 TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE CRESENZI VOTING AYE On the motion of Trustee Pellino, seconded by Trustee Strum, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks: 13233-13295 Pre Paid: 13008, 13122, 13123, 13230 Payroll Checks: 18299-18397 Environmental: 104 Capital: 2447-2461 Capital Pre Paid: 2432 Birthday Run: NONE NOW, THEREFORE,BE IT RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE NEXT MEETING DATES: • FEBRUARY 13, 1995 - AGENDA MEETING- 7:30 P.M. VILLAGE HALL 0 FEBRUARY 20, 1995 - GRIEVANCE NIGHT - 6:00-10:00 P.M. VILLAGE HALL • FEBRUARY 27, 1995 - 7:00 P.M. - JOINT WORK SESSION- PLANNING BOARD AND VILLAGE BOARD -RE: POLICY DISCUSSION ON THE HANDLING OF AMENDMENTS TO PLANNED UNIT DEVELOPMENTS ("PUD's") - ANTHONY J. POSILLIPO COMMUNITY CENTER • FEBRUARY 27, 1995 - REGULAR MEETING- ANTHONY J. POSILLIPO COMMUNITY CENTER(TO FOLLOW WORK SESSION) The Mayor opened the floor to further comments from the public. Ms. Harriet Balter requested a copy of the contract for the Fire Department. Mr. Ken Heller asked for the policy for airing tapes on cable and whether all public meetings are shown. 25 I January 23, 1996 Mayor Cresenzi responded that there is a slight delay in receiving the tapes back from the videographer, as he has to add the headings and so on. Shortly afterwards the tapes are aired. There is no formal policy regarding how many hours a tape airs but every tape does go on. Mr. Heller asked about youth programs to be held at the Posillipo Center. Mayor Cresenzi referred the question to Lori DeMarco. She gave a brief description of the programs held in the evening hours. Mayor Cresenzi stated that seniors use the facility during the week and after 5:00 p.m. it is used primarily for general recreation. During the II summer it is used primarily for children and day camp. Mr. Peter Pitocco of 283 North Ridge Street stepped forward with questions about establishing a Board of Assessment Review. A few months ago he requested that a Citizen's Overview Board of Public Safety j be established. He wanted the status of the Public Safety Board, especially concerning the fact that the Village had entered into a contract for fire service with a private fire company. Mayor Cresenzi stated that public safety is governed by three areas -- police, fire and ambulance. By state law, under Sec. 5711Q this Board is charged by statute with oversight of the Police Department. E There are monthly meetings with the Chief. As far as the Ambulance Corps is concerned, the Board has been very satisfied with them. The service is excellent. They run as an independent group. The only thing left is fire and Mr. Cregan will be having a meeting with the Fire Chief to have some discussions. I think this has a lot of benefit to the Village and the fire service. Mr. Pitocco, stating that Mayor Cresenzi misunderstood him, clarified himself. He was not referring to the Police, Fire or Ambulance, but to an independent Board, which he felt would give another set of eyes and ears for the public to see what is going on. Trustee Tunis asked how Mr. Pitocco envisioned the Board. Mr. Pitocco asked how the fire contract will be funded. Mayor Cresenzi stated that we are paying for it by contract funded by tax levy. The Village now has a say in the service that we get and the performance standards, which we did not have in the arrangement in Pat Chester. Mr. David Turiano of 34 Tamarack Road stated that a Board of Assessment Review would be beneficial to the Village and offered to act as a member when the Board of Trustees sets it up. Mr. Thomas Murphy, President of the Professional Firefighters of Port Chester, stated that he submitted a list of communities in Arizona that no longer use Rural Metro. He asked if any of those communities was contacted. Mayor Cresenzi stated that he spoke with most of them. Mr. Murphy offered an information package concerning Rural Metro and a tape from the International Association of Firefighters. There are some fire scenes on the tape that should be looked at. I The meeting was adjourned at 9:50 p.m. i Respectfully submitted, Christopher J. Russo, Village Clerk 26