HomeMy WebLinkAbout1995-11-08 - Board of Trustees Meeting Minutes SUMMARY OF A JOINT WORK SESSION
BOARD OF TRUSTEES AND PLANNING BOARD
NOVEMBER 8, 1995
CONVENE MEETING:
The meeting was called to order at 7:45 p.m.by Salvatore M, Cresenzi at the Anthony J. Posillipo
Community Center and the Pledge of Allegiance followed.
Present were the following Village Board Members:
Mayor Salvatore M. Cresenzi
Trustee Joseph Pellino
Trustee Nancy Stein Tunis
Trustee Gary Zuckerman
Present were the following members of the Planning Board:
William Aughavin
Floyd Caplan (Arrived at 8:00 p.m.)
Harry Krausman
Michael Stolzar
Also present were:
Christopher J. Russo,Village Administrator
Christian Miller,Planning Consultant, F.P. Clark Associates
Joseph Cortese, Village Treasurer
Lisa B. Marinaccio, Planning Board Secretary
AGENDA: 1. AVALON PROPERTIES,INC.; 900 KING STREET- SUMMARY:
Mayor Cresenzi announced that the purpose of this session was for a public work session of the Village
Board of Trustees and the Planning Board. Mr. Cresenzi reported that it was an informational meeting where the
developer would make a presentation on their proposal. Mr. Cresenzi reported that Mr. Morton Smith, Attorney
for the Arbors Homeowners Association, was present and asked for an opportunity to speak on the subject
application after the applicant's presentation.
Mr. William Null, Attorney for the Applicant, came forward and told the Board members that the
following people were present on behalf of the applicant:
0 Chuck Berman, President of Avalon Properties
• Alex Twining,Avalon Properties
• David Smith, Saccardi&Schiff
• Jim Devito, Consultant for Avalon Properties
Mr. Berman came forward and apologized because he had another public hearing in 45 minutes. Mr.
Berman said that many of the faces at this meeting because he has attended meeting at the Arbors. Mr. Berman
explained that Avalon Properties is a publicly traded corporation listed on the New York Stock Exchange under
the symbol "AVN." Mr. Berman communicated that Avalon currently owns approximately 11,500 apartments
and approximately 40 communities from Richmond, Virginia to Boston, Massachusetts.
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November 8, 1995
Mr. Berman explained that there are another 2,000 similar properties currently under construction and
another 4,000 in planning, Mr. Berman reported that Avalon does nothing but rental units and they take pride in
their developments. Mr. Berman explained that the proposed plan was configured on a bedroom per acre density
which indicates that the proposed plan will actually be less dense than the Arbors development. Mr. Berman
conveyed that all of Avalon's developments whether they are in Virginia,Boston or New Jersey are all
considered upscale developments in the communities that they are in. Mr. Berman reported that the type of
people that rent this type of apartment are people that are right out of college,young couples thinking of having
a child, corporate executives relocating into a market, empty nesters, people going through a divorce or elderly
people who usually have decided that there previous house was to big. Mr. Berman said that there is no age in
which is a common renter for this type of apartment. Mr. Berman added that the proposed apartment will have
many services such as dry cleaning with drop off service and a new service in which the renters are set up with
fiber optics and the applicant is about to sign a contract with General Electric that will enable the renters to be
interactive with all of their neighboring residents through the internet and a variety of other mechanisms.
Mr. Twining came forward and explained how the applicant got started in Rye Brook and what was first
looked at when this site was initially considered. Mr. Twining explained that when the initial consideration for
this site was made, the applicant considered the existing very large building on the site being renovated and made
into residential apartments. Mr. Twining mentioned that the applicant did plans for that and came up with a plan
to put 200 apartments in the existing building. Mr, Twining explained that the applicant decided that plan was
not really the proper type of apartment for this community and decided to look into a plan to create a new
building that would be more in keeping with the character of the neighborhood.
Mr. Twining explained each of the items listed in the submitted proposal and explained the amenities of
the proposed building and the income levels of the most common renters, Mr. Twining reported that the
proposed building would be a traditional style with a dormer, chimney and fireplaces. Mr, Twining mentioned
that the proposed building will generate tax income for the Village, Mr. Twining added that the proposed rent
will be$2,200.00 - $3,200.00 per month which explains that the type of renter would be a person who could
afford to own their own home.
Mr. Twining explained that the proposal will generate more peak hour traffic in the area and a traffic
analysis was done to survey what the delayed time will be at King Street if this development were built. Mr.
Twining mentioned that the applicant would like to continue to understand what the issues are in Rye Brook
because he thought that the real impact would be the environmental impact and the traffic impacts which is why
he wished that the Village would allow the applicants to proceed and do all of the necessary studies in order to
provide the Village with that information to review and ultimately decide whether this is an appropriate plan for
the subject area.
Mr.Null expressed that this matter is clearly a policy issue for the Village of Rye Brook having to do
with what will become of a distressed, vacant 222,000 square foot office building that has been vacant for many
years, and at this point,does not generate any benefits for the Village, Mr. Krausman asked what the overall
populations of the other towns that the applicant has already built this type of development is. Mr. Krausman
explained the reason for his question to be because Rye Brook is an extremely small community compared to the
previously mentioned areas such as Princeton,New Jersey or Lexington, Massachusetts. Mr. Krausman added
that he felt that part of the Village's concern was the impact that a rental development would have in terms of the
structure of what makes up the community as a whole. Mr. Krausman expressed that Rye Brook is basically a
smaller bedroom type community.
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November 8, 1995 00595
Mr. Pellino said that as far as density is concerned, having reviewed the many documents that have been
presented to the Village Board over the past several months, 192 units per acre is certainly a major issue because
he felt that it is too dense for the area. Mr. Zuckerman mentioned his concern with changing the existing zoning
code which is something that the Zoning Update Committee should address before the application can go
forward.
Mr.Zuckerman mentioned that his concern with this application because it is asking the Village to
consider spot zoning. Mr.Zuckerman conveyed that the Village of Rye Brook has an existing PUD district that
for whatever reason was contemplated when the Arbors was created which fit in with what the Village calls the
comprehensive plan.
Mr. Morton Smith, Attorney for the Arbors, came forward and began his presentation. Mr. Smith read
from the Town of Rye Board minutes from 1973 when the Town Board unanimously, at the Planning Board's
recommendation, created a Planned unit Development in the Town of Rye. Mr. Smith stated that the minutes
were addressing the Harkness Park area. Mr. Smith added that the minutes indicate the following principals for
development in the subject area:
1. The Development must be harmonious with the surrounding properties both residential and educational.
2. The development should produce tax revenues substantially in excess of the cost of services required.
3. The nature of the uses should be a benefit to the Town as a whole giving greater diversity and balance to
both population and economy.
4. Development should conform to the general objectives of the master plan as adopted in 1953.
Mr. Smith conveyed that the aforementioned principals are as valid today as they were then. Mr. Smith
reported, after reading aloud minutes from a Town Board meeting about the subject site from 1974, that the
Town Supervisor stated publicly that the Town Board was concerned and absolutely promised that this particular
parcel would not be devoted to housing. Mr. Smith communicated that there was commitment from the owner
at that time which was Entin Associates that indicated that they would not come to the people to rezone the
balance of the property.
The people of Rye Brook consider that to be promise (a covenant from the local government)to the
people of the Village of Rye Brook. Mr. Smith reported that this application is not just a request for rezoning,
but an application requesting the destruction of the PUD district. Mr. Smith mentioned that he had recently
visited the Village's Assessors office and discovered that in 1990 when the building was occupied and
functioning, its assessment was $1,325,000 which paid a tax to the Village of Rye Brook of$151,000 and school
taxes $368,900.
Mr. Smith said why would the Village consider allowing the applicant to demolish a building to be
replaced by residential units which would not bring in anywhere near the amount of tax revenue that an occupied
commercial building brought in. Mr. Smith added that residential units will require additional services that
commercial buildings do not require such as police, fire, ambulance, garbage,highway department, etc.
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November 8, 1995 005958
Mr.Null said that the Village Board's should have vision and the Village of Rye Brook should consider
what is best for itself at this time. Mr. Null mentioned that the commitments made by the Town of Rye almost
40 plus years ago where made by a Town at a time when it may have had different burdens, concerns and issues
to address, and whether they are somewhat similar, the same or different than those of the current Board's is for
the Village to determine. Mr.Null stated that times have changed, and if it proves to be a situation where a
distressed building cannot be utilized for another purpose, it might be a mistake to continue to hold that property
hostage to commitments that were made 40 plus years ago. Mr.Null expressed that there is a necessity for
government to be responsive to new ideas.
Mr. Stolzar suggested that the Village Board and the Planning Board request that the Village Attorney
review the agreements and the minutes cited by Mr, Smith in an executive session in order to advise on the legal
impact of them. Mr. Stolzar explained that the reason he suggested this joint work session was because he did
not want to see a developer, the Arbors or the Village spend extensive time and resources on details unless and
until a policy decision was arrived at as to what could be done on the subject property. Mr. Stolzar brought up
previous application where the Planning Board spent a great deal of time and the developer spent a great deal of
money to work on a proposed shopping center on Anderson Hill Road and King Street,and subsequently;the
Village Board passed a resolution indicating that under no circumstances would it consider that type of proposal.
Mayor. Cresenzi explained that the purpose of this joint work session was to try to plan carefully what
the proper use for this property is and not to just to react to Avalon's proposal. Mayor Cresenzi felt that the two
Board still needed to discuss this application in a joint session to see if there is any joint consensus. Mayor
Cresenzi requested that the Village Attorney get copies of the information from Mr. Smith so that he can review
whether there are any binding covenants that run with those documents that could be legally binding. Mayor
Cresenzi suggested that after the Village Attorney's review of said documents, the two Board should discuss
some dates in which to discuss this matter further.
ADJOURNMENT:
The Board unanimously agreed to adjourn this portion of the meeting at 9:50 p.m.
RESOLUTION-APPROVING YEAR END BUDGET MODIFICATIONS-FISCAL YEAR 1994-1995:
The meeting was reconvened at 9:51 p.m. by Mayor Cresenzi, and the following Resolution was adopted:
RESOLUTION
APPROVING YEAR END BUDGET MODIFICATIONS
FISCAL YEAR 1994-1995
RESOLVED,that the following budget modification be hereby approved:
FROM TO AMOUNT
1230.199 2364.98
(TEMP/LONGE VITY/VAC)
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November 8, 1995
1230.110 526.55
(VILLAGE ADM)
1230.436 246.90
(PROF BUS EXP)
1230.454 1,208.98
(TRAV/CONF)
1230.469 382.55
(MISC)
1325.499
(TAX COL) 11,814.92
1325.110 36.41
(TREASURER)
1325.120 143.16
(ACCT/SYS OPER)
1325,140 139.80
(BOOKKEEPER)
1325.199 226.10
(PART TIME)
1325.436 6,853.45
(PROF BUS EXP)
1325.477 4,416.00
(AUDIT FEE)
1410.469 1410.462 64.35
(CONTRACTUAL/CLERK)
1910.424 1420.458 54,042.40
(CONTINGENT) (SUPPLEM. SER,)
1620.199 1620.130 854.38
(V/O TEMP) (ENTRY TYPIST)
1990.424 1010.469 2,908.09
(CONTINGENT ) (TRUST. MISC.)
1640.189 1640.110 163.24
(OVERTIME GARAGE) (MECHANIC)
1990.424 1920.437 2,437.00
(CONTINGENT) (MUNIC. ASSO)
1930.439 36,118.91
(JUDGEMENT & CLAIMS)
1980.423 29,464.90
(CONSULTIN FEES)
1995.426 6,654.01
(BOND EXP)
120.120 3000.00
(LIEUTENANTS)
3120.130 3000.00
(INTER, TYPIST)
3120.160 11,000.00
(PATROLMEN)
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November 8, 1995 005960
3120.170 4,000.00
(CROSSING GUARDS)
3120.470 7,707.89
(PROF DEVE.)
3120.110 278.66
(CHIEF)
3120.140 25,376.90
(SERGEANT)
3120.150 409.00
(PATROL./DET)
3120.189 922.12
(OVERTIME)
3120.200 1,607.21
(EQIPMEMT)
3120.499 114.00
(CONTRACTUAL)
1990.424 3510.499 1,399.12
(CONTINGENT) (CONTROL OF DOGS)
3620.120 394.00
(ASST. BUILDING INS.)
3620.110 281.21
(ENGINEER/DPW)
3620.130 112.79
(OFFICE ASST.)
1990.424 6,696.31
(CONTINGENT)
4540.459 1,207.96
(ABBEY RICHMOND)
4540.460 7,904.27
(VOLUNTEER AMBUL)
5110.140 26,321.75
(H.M.E.O.)
5110.150 703.66
(M.E.O.)
5110.160 15,842.39
(RD. MAINTAINERS)
5110.170 775.20
(LABOR/ASST. MECH)
5110.199 9,000.50
(TEMP HELP)
6772.150 6772.110 174.49
(DRIVER/CARETKR.) (SR.CIT CORD)
7140.120 1812.81
(REC LEADER)
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November 8, 1995 0059 f, I
7140.150
(SEASON MAINT/ATTEND) 1,656.41
7320.469 2,620.76
(YOUTH SER.)
7140.110 219.33
(SUPERINTENDENT)
7140.130 217.24
(ENTRY TYPIST)
7140.140 2,361.42
(REC ATTEN.)
7140.160 641.42
(PROG. LEADERS)
7140.431 357.19
(LIGHT/RENT/WATER)
7140.169 6.39
(MISC.)
7140.470 2,286.99
(DAY CAMP/SUPPLIES)
7320.469 7410.469 .36
(YOUTH SER.) (LIBRARY)
9010.428 20,000.00
(ST. RETIREMENT)
9010.429 14,952.13
(ERS RETIREMENT)
9030.427 5,719.12
(SOCIAL SECURITY)
9040.800 29,233.01
WORKERS COMP)
8120.403 188,000.00
(SEWER DISTRICT)
8320.400 28,989.56
(HYDRANT RENTAL)
9060.817 53,938.36
(HEALTH INS.)
9710.301 .78
(SERIAL BOND)
9730.100 43,224.00
(PRIN. BAN)
9730.101 6,982.16
(INTEREST BAN)
9950.900 112,844.26
(INTERFUND TRAN)
FURTHER RESOLVED, that this Resolution shall be an effective date of November 8, 1995.
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November 8, 1995 _
0U5)9E:
TRUSTEE TUNIS VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
ADJOURNMENT:
The Board unanimously agreed to adjourn the meeting at 10:00 p.m.
Respectfully Submitted
Christopher J. Russo, Village Clerk
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