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HomeMy WebLinkAbout1994-02-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING FEBRUARY 22, 1994 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6r, LOT - MAINTENANCE AREA (Adjourned to March 22, 1994 by request of applicant) 2. ' LARIZZA & CAPOCCI CONSTRUCTION CORP. SPECIAL PERMIT/SITE PLAN APPLICATION FOR SENIOR CITIZEN HOUSING DEVELOPMENT AT BOWMAN AND WESTCHESTER AVENUES 3. PROPOSED INTRODUCTORY LOCAL LAW #4-1994 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO REPEAL SECTION 66-6(B) (1) (g) AND TO ADD A NEW SECTION 66-6 (B) (1) (g) REGARDING WALLS AND FENCES DISCUSSION 4. REZONING HAWTHORNE AVENUE/ NORTH RIDGE STREET AREA RESOLUTIONS 5. ADOPTING INTRODUCTORY LOCAL LAW #3-1994 TO REPEAL VILLAGE LICENSING OF WASTE COLLECTORS 6. SETTING PUBLIC HEARING DATE EXTENDING HAWTHORNE AVENUE MORATORIUM 7. SETTING PUBLIC HEARING DATE MERRITT & HOLBY/200 SOUTH RIDGE ST. SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND 8. SETTING PUBLIC HEARING DATE MERRITT & HOLBY/200 SOUTH RIDGE ST. SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE 9. BUDGET MODIFICATION SNOW REMOVAL 10. SETTING VOTER REGISTRATION DAY VILLAGE OF RYE BROOK ELECTION SATURDAY, MARCH 5, 1994 11. APPROVING DONATIONS TO ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 12, CHECK REGISTER WRITTEN COMMUNICATION 13 JEANNA ALBERGA - FRAIOLI KING STREET SCHOOL PTA CARNIVAL PUBLICITY COMMITTEE RE: REQUEST TO POST SIGNAGE APPROVAL OF W UTES 14. NOVEMBER 99 1993 15. NOVEMBER 19, 1993 16. DECEMBER 7, 1993 005166 MINUTES OF AN REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK FEBRUARY 22, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Lori Ann DeMarco, Ass't to Village Administrator Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to the Village Board Joseph Cortese, Village Treasurer was not in attendance at this meeting. 1 February 22, 1994 005-1.57 Mayor Cresenzi announced that he wanted to present a Certificate of Commendation to Youth Officer James Mitchell of the Police Department for his outstanding services and contributions to the Village of Rye Brook for implementing its first D.A.R.E. program at the Ridge Street Elementary School. Through his dedication and professionalism, the D.A.R.E, program will benefit the youth of our Community in years to come. He thanked Officer Mitchell on behalf of the Board and the Community. PUBLIC HEARINGS 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6r, LOT - MAINTENANCE AREA On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was adjourned to March 22, 1994 by request of the applicant. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. LARIZZA & CAPOCCI CONSTRUCTION CORP. SPECIAL PERMIT/SITE PLAN APPLICATION FOR SENIOR CITIZEN HOUSING DEVELOPMENT AT BOWMAN AND WESTCHESTER AVENUES Mayor Cresenzi opened up the public hearing at 7:35 p.m. and introduced Mr. Clark Nueringer, Architect for the applicant. Mr. Neuringer stated that this process has gone on for a little over a year and that first, he worked with the Village to adopt a law permitting the construction of affordable senior citizen housing in that section of the Village of Rye Brook. He has also worked in cooperation with the Planning Board on a proposed development located at Westchester and Bowman Avenue. They held numerous discussions to try and answer the many concerns brought up by the Planning Board and modified the scheme as necessary at the request of the Planning Board. That process was completed several weeks ago when the Planning Board passed a resolution recommending this application, to this Board, for them to take two actions. One action would be to grant the final site plan pursuant to the documents that we have submitted and the second action is to grant a special permit. It is the last piece of work that needs to be completed by a municipal Board prior to being able to submit to the Building Department. He showed the Board and the public the rendering of a schematic proposal of the development. He stressed that this was not the final scheme, but only done pursuant to a request by the Planning Board to give a schematic bulk idea of what it would look like. It will not vary much from this rendering due to the controls in the zoning code. What may vary, would be details with respect to materials, finishes and things of that nature, which would be viewed and submitted to the Architectural Review Board, who we would be willing to work with just as we did the Planning Board. 2 005:158 February 22, 1994 Trustee Daly stated that a letter was received from the County who mentioned a trench drain that they wanted replaced. Mr. Nueringer stated that he did not see the letter and requested a copy of it. He added that he would certainly contact the County and resolve the matter. Trustee Pellino stated that he recalled that the Planning Board had a number of traffic related concerns. He questioned if all of the points that are before us tonight are relative to the final arrangements made after the many meetings with the Planning Board. Mr. Nueringer replied "yes" and added that all the issues were resolved with the Planning Board. Trustee Daly questioned if they obtained the letter regarding permission for on site parking from the neighboring commercial property owner. Mr. Nueringer stated that this was addressed at the Planning Board and we had indicated at that time that either the approval by this board could be contingent upon that or that we would be in a better position to go to that owner and request the letter if there was an indication that the project would be approved. Trustee Pellino questioned if Mr. Larizza paid the fees to the Village of Rye Brook Environmental Impact Fund. Mr. Larizza stated that he would pay the fees tomorrow. Trustee Pellino stated that the requirement to pay the fees should be made part of the resolution and the Board agreed. Trustee Zuckerman questioned what the ingress and egress was onto Westchester Avenue. Mr. Nueringer replied that only the emergency access is on Westchester Avenue so there really won't be ingress or egress on a day to day basis on Westchester Avenue, it is all on Bowman Avenue. Trustee Zuckerman questioned if there are any provisions for sprinkler systems. Mr. Nueringer explained that they would comply totally with the requirements of the New York State Fire and Construction Code. If sprinklers are not required, we did not contemplate installing them. Trustee Zuckerman suggested that they rethink their position on sprinklers especially when it comes to a senior citizen development, they are very important. He further questioned if Mr. Nueringer had fully addressed the Frederick P. Clark memorandum of February 17, 1994 with regard to method of construction. Mr. Nueringer replied that he had not received it, so Trustee Zuckerman gave him a copy. 3 February 22, 1994 After reading the memo, Mr. Nueringer stated that the Planning Board also had similar concerns and he stated that it would be built in a substantial manner and they would never look to do anything detrimental in any way, shape or form, especially in a senior housing unit. With regard to intensifying the level of protective devices, materials and sprinkler systems, on an economical basis, their would be a substantial impact on my client as 25% of these units are affordable and this project is internally subsidized. Trustee Zuckerman stated that whether or not we go forward on this particular project, we really have to consider in the future if we would require sprinkler systems in senior citizen projects, as the seniors are probably less ambulatory than younger people. If it would not seriously impact the financial ability of this project, I would like to see it installed. Mr. Larizza stated that it may be viable to install it on the second floor, but on the first floor, you only need to take eight steps to get to the front door. If we could work it out, we will install it. The expense is really for the six inch water main from the water company which would probably cost thirty thousand dollars, plus they charge you 51% tax. Trustee Zuckerman suggested that Mr. Larizza consider contacting the County and obtain a grant for infrastructure subsidy so that he could do that. Mr. Circosta stated that in reference to the sprinkler systems, they have to be installed according to the codes and we cannot voluntarily sprinkler certain areas. The whole project would need to be sprinklered. Mayor Cresenzi stated that he would really like to see Mr. Larizza install a sprinkler system. Mr. Larizza stated that he would look into it. Lou Fuller of 53 Bowman Avenue stated that this project will abut his house and he has various concerns with the project. Already in the neighborhood, we have a group home and they are extremely good neighbors, but now we are also getting a senior citizen housing development which is really unfair. Another neighborhood should have to take on the burden. He questioned how tall the current building is. Mr. Larizza explained that the current building is 35 to 40 feet and the proposed building is 29 1/2 feet tall. Mr. Nueringer stated that currently, the zoning law only allows for structures in that area to be 30 feet high. Mr. Fuller stated that according to the planting plan, the trees that would buffer his home are coming down and the trees that are on Bowman and Westchester will remain. A building of this size which will be six feet away from my property, is very close. I also think that this will lower the property value of my home. Charles Angotta of 18 Monroe Place stated that this is already a congested area and not a proper place for senior citizens. Something like this belongs on Comly area where there is peace and quiet. 4 February 22, 1994 005160 Ken Heller stated that there are 14 parking spots. He questioned where they would put the snow as there will not be any room on site. He further questioned where the additional parking will be, because if they are speaking of the lot next to the bank, it is currently filled up when they have legitimate business and if the seniors use it, they will have to move their, cars at 7:30 every morning. Mayor Cresenzi stated that this project has been discussed in public many times. In reference to the parking, a study was done and it turns out that in Westchester County some require 1 space and some require 1 1/2 spaces for each unit. We went in the middle and took the 1 space per unit which would give us 14 spaces which is provided for in the site plan. When we spoke about requiring off-site parking, this meant that parking could be provided on the street or in the shopping center. According to our code, one space per dwelling unit is sufficient and there really isn't even a guarantee that all of the seniors will even have vehicles because the beauty of this site is the access to public transportation; shopping centers and the bank. Mr. Heller also stressed his concern for the units to have sprinkler systems. As for the screening, he added that anything less than a 12 to 15 foot tree is no screening at all for Mr. Fuller, whose property abuts the site. He also questioned where the water is going to go. Mr. Circosta replied that there will be an on-site retention system which meets the requirements. Mr. Heller stated that seniors like to be outside and get some fresh air and privacy, which was not addressed here. Mr. Nueringer stated that there will be a Community Room on site for the seniors to use as a gathering space in all types of weather. It will be fully furnished and have many windows and glass doors that open up on the southern side into a sitting garden with benches, flowers and plantings. Trustee Zuckerman stated that this is the first type of venture and hopefully not the last in Rye Brook and it seems to be an excellent project and one that we will be proud to go forward with as a Village and hopefully we can build on this for the future. Mayor Cresenzi reiterated that there is a strong consensus from the Board that we would like to see the structure sprinklered. Mr. L.arizza replied that they will sprinkler the development. Mayor Cresenzi questioned if we could authorize a higher fence. Attorney Powell stated that we would need a variance from the Zoning Board of Appeals. Mr. Fuller stated that rather than making a higher fence, he would rather see a different type of shrubbery, perhaps ten to fifteen feet of Arborvitae, which will screen it from noise as well. The Board agreed with Mr. Fuller that the shrubbery would be the best approach. 5 0®516. February 22, 1994 Mr. Larizza stated that he would not object to changing the type of shrubbery, but pointed out that he, the Planning Board and the Village's Planning Consultant spent three months on the landscape plan and now we are changing what took three months to do. Mr. Angotto questioned where the visitors of these seniors are going to park as the parking lot is already full. Mayor Cresenzi reiterated that this project conforms to the parking requirements established by this Board and we don't even have to tie it to any off-site parking. Mr. Nueringer stated that he conducted extensive research with respect to the parking and found, for example, that in Mamaroneck there is a senior citizen development with 75 units and there are 25 parking spaces which we found are never fully utilized. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was closed at 8:40 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION LARIZZA & CAPOCCI CONSTRUCTION CORP. SPECIAL PERMIT/SITE PLAN APPLICATION FOR SENIOR CITIZEN HOUSING DEVELOPMENT AT BOWMAN AND WESTCHESTER AVENUES SECTION 1, BLOCK 21, LOTS 10 AND 10A WHEREAS, on or about November 24, 1992, Larizza and Capocci Construction Corp. ("Applicant") made application for site plan review of a Senior Citizen Housing Development and thereafter applied for a special permit under Section 66-36 of the Zoning Law of the Village of Rye Brook to construct a fourteen unit senior citizen housing development on property located at Bowman Avenue and Westchester Avenue, Village of Rye Brook also known and shown on tax map as Section 1, Block 21, Lots 10 and 10A; and WHEREAS, the Applicant proposes to construct 14 units of senior citizen housing, 4 of which would be subject to special affordability requirements, on the above described 18,704 square foot parcel as shown on the following plans: 1. Site Plan, Senior Citizen Housing, Village of Rye Brook, Westchester County, New York dated October 4, 1993, last revised December 16, 1993 (Sheet I of 6), prepared by Ralph Mastromonaco, P.E. Consulting Engineers, 13 Dove Court, Croton-on-Hudson, New York 10520; and 6 005162 February 22, 1994 f 2. Erosion Control Plan, Senior Citizen Housing, Village of Rye Brook, Westchester County, New York dated October 4, 1993, last revised December 16, 1993 (Sheet 2 of 6), prepared by Ralph George Mastromonaco, P.E., Consulting Engineers, 13 Dove Court, Croton- on-Hudson, New York, 10520; and 3. Utility Profiles, Senior Citizen Housing, Village of Rye Brook, Westchester County, New York dated October 4, 1993 (Sheet 3 of 6) prepared by Ralph George Mastromonaco, P.E., Consulting Engineers, 13 Dove Court, Croton-on-Hudson, New York 10520; and 4. Driveway Profile and Details, Senior Citizen Housing, Village of Rye Brook, Westchester County, New York dated October 4, 1993, last revised October 1, 1993 (Sheet 4 of 6), prepared by Ralph George Mastromonaco, P.E., Consulting Engineers, 13 Dove Court, Croton- on-Hudson, New York, 10520; and 5. Site Details, Senior Citizen Housing, Village of Rye Brook, Westchester County, New York dated October 1, 1993 (Sheet 5 of 6), prepared by Ralph George Mastromonaco, P.E., Consulting Engineers, 13 Dove Court, Croton-on-Hudson, New York, 10520; and 6. Landscaping Plan, Senior Citizen Housing, Village of Rye Brook, Westchester County, New York dated November 1, 1993, last revised December 16, 1993 (Sheet 6 of 6), prepared by Ralph George Mastromonaco, P.E., Consulting Engineers, 13 Dove Court, Croton- on-Hudson, New York, 10520; and WHEREAS, the application was referred to the Planning Board and, after many months of review, the Planning Board at its January 13, 1994 meeting conditionally recommended approval of the site plan and special permit and made a further recommendation that the Village Board in its review consider the issue of fire safety, including the installation of a sprinkler system or the use of non-combustible construction materials; and WHEREAS, by letter dated February 7, 1994, the Westchester County Planning Board advised that "[w]e support the proposed senior citizen housing development, particularly the 25% affordability component, in accordance with the recently approved zoning amendment which allows senior housing as a special exception use and which we reviewed last year"; and WHEREAS, at its February 22, 1994 meeting, the Board of Trustees conducted a public hearing on the site plan and special permit application. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be an unlisted action under the State Environmental Quality Review Act and the accompanying Negative Environmental Declaration is adopted; and it is 7 05'.63 February 22, 1994 FURTHER RESOLVED, that the applications are found to conform to the criteria set forth in the Rye Brook Zoning Law §66-36 for a Senior Citizen Housing Development; and it is FURTHER RESOLVED, that the following findings are made: 1. The applicant has submitted information reasonably demonstrating that the development is feasible (§66-36(B)). 2. The site has more than 160 feet of frontage on Westchester and Bowman Avenues, is located South of Westchester Avenue, is 18,704 square feet in area all of which is consistent with the applicable requirements, and a site plan has also been submitted (§66-36 (D)). 3. The density is 1 dwelling unit per 1336 square feet which is consistent with the applicable maximum density requirement (§ 66-36(D)). 4. Building coverage is 28.6% of the site, site coverage is 55.9% of the site, which conforms to applicable requirement, and the principal and accessory structures conform to the lot, yard and dimensional requirements of the R2F zoning district in which it is situated (§66-36(E)). 5. The site is located less than 1000 feet from a C1 and a C1P zoning district (§66-36 (F))• 6. The senior citizen housing development is designed to be compatible with the natural features of the site and surrounding uses, not to conflict with the character of existing buildings in areas where a definite pattern of style has been established, reasonably accommodates the needs of senior citizens including accessibility needs, and exterior lighting is shown to be arranged so as to minimize interference with adjoining landowners (§66-36(G)). Architectural issues will be reviewed by the Architectural Review Board, 7. One on-site parking space is shown for each dwelling unit. All driveways, parking and standing areas are to be paved and satisfactory sight distances are provided for on the plans at the intersection of access driveways and roads (§66-36 (H)). 8. All dwelling units are to be occupied by senior citizens of at least 62 years of age or older and four of the units are to be subject to special affordability provisions (§66-36 0))• 9. The use is found of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts (§66-6 (H) (1) (b) (1)). 8 i February 22, 1994 005164 x 1 10. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, and its relation to streets giving access to is found to be such that it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood (§66- 6(H)(1)(b)(2)(a)). 11. The location, nature and height of buildings, walls and fences, and the nature and j extent of landscaping on the site is found to be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or i impair the value thereof ( § 66-6(H)(1)(b)(2)(b) ). 12. The proposed use is found to be provided with off-street parking adequate for its j needs, considering the assemblage of persons and vehicles in connection with the use and meets applicable requirements; the parking area is to be suitably screened from adjoining residential uses, and entrance and exit drives are to be laid out so as to r prevent traffic hazards and nuisances ( §66-6(H)(1)(b)(2)(c) ); and it is further FURTHER RESOLVED, that the special permit may be issued and the site plan may be signed subject to the following: CONDITIONS 1. Prior to the issuance of the special permit and the signing of the site plan, the applicant shall submit in form satisfactory to the Board of Trustees recorded covenant running with the land, binding on heirs, successors and assigns, within 60 days of the adoption of this Resolution, providing that the property will be utilized for senior citizen housing development purposes in accordance with the provisions on Section 66-36 of the Rye Brook Zoning Law, and for no other purpose, and the property shall not be further subdivided or sold in parcels unless the Board of Trustees shall give its consent in an instrument filed and record in the office of the County Clerk of Westchester County. 2. Prior to the issuance of the special permit and the signing of the site plan, the site plan shall be revised to conform to the comments made by the Rye Brook Chief of Police in a memorandum dated January 6, 1994, satisfactory to the Director of Public Works, as follows: a. Main Entrance. (i). Move fence on east side of drive to allow 20 feet of clear view; (ii). Install stop sign; (iii). Install stop bar; (iv). Provide directional arrows/pavement marking; (v). Extend inner sidewalk on West side to meet Bowman Avenue sidewalk. b. All curb cuts shall be handicap accessible. C. Remove or shorten handicap ramp or use curb cut instead. 4. The fence shown on the plans shall be revised to conform with the Rye Brook Zoning Law regarding maximum height. 9 (3U5:16� February 22, 1994 5. There shall be compliance at all times with all applicable laws, rules and regulations including, but not limited to Section 66-36 of the Rye Brook Zoning Law and the Federal Fair Housing Act (42USC3607 etetc) as the same may be amended from time to time. 6. The site plan shall not be signed and the special permit will not be issued until proof shall be submitted, satisfactory to the Director of Public Works, demonstrating that all of the approvals of all other governmental agencies having jurisdiction have been obtained. 7. This approval is subject to review and approval of architectural issues by the Architectural Review Board and no special permit shall be issued and the site plan shall not be signed until such approval is granted. 8. The dwelling units shall be rental wets only unless and until the Applicant submits and receives approval by the Village of homeowner association by- laws as will ensure that dwelling units shall be owned and occupied by persons 62 years of age or older in conformity with the federal Fair Housing Act in conformity with Section 66-35 of the Rye Brook Zoning Law. 9. All existing sidewalks adjoining the property shall be repaired or replaced to the satisfaction of the Director of Public Works. 10. The applicant shall post a performance bond in an amount established by the Director of Public Works for the construction and installation of all public improvements and the sufficiency of the performance bond shall be subject to the approval of the Board of Trustees. 11. Egress and ingress to and from Westchester Avenue shall be limited to emergency use only; 12. The free standing sign shall conform in all respects with the Sign Law (Zoning Law §66-35); 13. All fees shall be paid including environmental and consultant fees prior to the issuances of the special permit or the signing of the site plan. 14. As agreed by the applicant, fire sprinklers will be installed in the development. The manner of installation shall conform to Code. 15. Black arborvitae shall be planted along the Western property line, satisfactory to the Director of Public Works. Such arborvitae shall be at least 10 feet in height when planted; and it is 10 February 22, 1994 005:1(;f; FURTHER RESOLVED, that this Resolution shall lapse if the final revised site plan is not filed in with the Village within six (6) months of the date this Resolution is adopted, unless the Board of Trustees grants an extension of time on application. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. PROPOSED INTRODUCTORY LOCAL LAW #4-1994 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO REPEAL SECTION 66-6(B) (1) (g) AND TO ADD A NEW SECTION 66-6 (B) (1) (g) REGARDING WALLS AND FENCES Mayor Cresenzi opened the public hearing at 8:50 p.m. Trustee Pellino read the law and explained the various minor changes that were made. Mayor Cresenzi questioned if a homeowner has an existing fence up where the good side is facing in and he wants to replace sections of it, how would that be dealt with. Trustee Pellino stated that it might not be clear, but the intent is to have the good side facing away. Mr. Circosta suggested that the way we handle many other zoning issues, is that if more than 50% of the fence needs to be replaced, then the good side should face away. The Board agreed to add that language in the law. Mr. Benvenuti questioned if this law pertains to commercial property also. Trustee Pellino replied "no" and explained that this is specifically for fences and walls in residential areas. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the public hearing was closed at 9:00 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi directed Attorney Powell to have a resolution ready for the March agenda meeting. 11 6(15.16'7 February 22, 1994 DISCUSSION 4. REZONING HAWTHORNE AVENUE/ NORTH RIDGE STREET AREA Mayor Cresenzi stated that Thomas Gissen of Frederick P. Clark Associates is away on vacation so the discussion on both the Hawthorne Avenue rezone and Hillandale Area rezone will have to be postponed until he returns, which will be in two weeks. RESOLUTIONS 5. ADOPTING INTRODUCTORY LOCAL LAW #3-1994 TO REPEAL VILLAGE LICENSING OF WASTE COLLECTORS On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION ADOPTING LOCAL LAW INTRODUCTORY #3-1994 REPEAL OF VILLAGE LICENSING OF WASTE COLLECTORS RESOLVED, that the adoption of Local Law #3-1994 is found to be a Type II action under SEQR; and it is FURTHER RESOLVED, that Local Law #3-1994 is hereby enacted into law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. SETTING PUBLIC HEARING DATE EXTENDING HAWTHORNE AVENUE MORATORIUM On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE ON LOCAL LAW INTRODUCTORY #5-1994 TO EXTEND HAWTHORNE AVENUE MORATORIUM FOR 3 ADDITIONAL MONTHS WHEREAS, on October 12, 1993 the Village of Rye Brook Board of Trustees adopted a temporary 6 month moratorium in the Hawthorne Avenue area by enactment of Local Law #6-1993 entitled the Interim Development Law for the Hawthorne Avenue area of the Village of Rye Brook; and 12 0U5.1fi February 22, 1994 WHEREAS, the Village's Planning Consultant, Frederick P. Clark Associates, has conducted studies of the Hawthorne Avenue area and the Board of Trustees and a report is being prepared by the Village's Planning Consultant; and WHEREAS, in order to provide sufficient time to study this report and to determine what, if any, needed action should be taken, the Board of Trustees has determined that consideration should be given to extending the moratorium for an additional 3 months. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on March 22, 1994 at 7:30 p.m. at Village Offices, 90 South Ridge Street, Rye Brook, New York on Local Law Introductory 5-1994 to extend the Interim Development Law for the Hawthorne Avenue area of the Village of Rye Brook for an additional 3 months. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. SETTING PUBLIC HEARING DATE MERRITT & HOLBY/200 SOUTH RIDGE ST. SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND Attorney Powell stated that he addressed each of the Board's questions from the previous meeting in the form of a memo. If there are any legal questions, it would probably be best to discuss them in an Executive Session. Trustee Daly stated that she does not think that a public hearing date should be discussed until we have a chance to see what the traffic is going to be like. Trustee Zuckerman questioned what would happen if we did not set the public hearing date. Attorney Powell stated that there are legal ramifications for not setting a public hearing date, but this should be discussed in executive session. Mayor Cresenzi announced that we would skip over on item #7 and #8 and discuss them in executive session. 9. BUDGET MODIFICATION SNOW REMOVAL On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: 13 � N04J V..L�IJ February 22, 1994 RESOLUTION BUDGET MODIFICATIONS SNOW REMOVAL RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.8320.400 101.5142.199 $15,000 (WATER DISTRICT) (OVERTIME/TEMP) 101.8120.403 101.5142.417 $7,000 (SEWER DISTRICT) (SAND/SALT CALCIUM CHLORIDE) 101.8120.403 101.5142.452 $5,000 (SEWER DISTRICT) (HIRED VEHICLES W/PLOW) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. SETTING VOTER REGISTRATION DAY VILLAGE OF RYE BROOK ELECTION SATURDAY, MARCH 5, 1994 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION SETTING VOTER REGISTRATION DAY VILLAGE OF RYE BROOK ELECTION SATURDAY, MARCH 511994 WHEREAS, pursuant to Section 15-118, Sub. 3 of the Election Law of the State of New York, the Board of Trustees is required to designate the hours for the Registration of Voters; the date of Registration being fixed by the law as the 10th day preceding the Election, (March 5, 1994) NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 15-118 (Sub.10) of the Election Law of the State of New York, the locations where the Registration of voters is normally held shall be consolidated into a single place, to wit: 14 February 22, 1994 RYE BROOI{ VILLAGE OFFICE, 90 SOUTH RIDGE STREET ;and be it FURTHER RESOLVED, that a single Board of Elections shall be used for taking the Registration for each Election District; and be it FURTHER RESOLVED, that the Village Clerk is hereby authorized to appoint an Election Inspector and a Clerical Assistant, who shall also act as an Alternate Inspector if necessary, to serve on Registration Day; and be it FURTHER RESOLVED, that if said Inspector of Election or Clerical Assistant is unable to serve on Registration Day, the Village Clerk is authorized to appoint an Alternate Inspector; and be it FURTHER RESOLVED, that the Inspector of Election shall prepare a register for such Village Election in the manner provided by law and shall meet on the 10th day preceding the coming annual Village Election, to wit: Saturday, March 5, 1994 at the Village Office, 90 South Ridge Street, between the hours of 12:00 Noon and 5:00 p.m. on that day, for the purpose of completing said register of the Village; and be it FURTHER RESOLVED, that the Village Clerk shall furnish, at the Village's expense, the necessary blank books in connection with such Registration and Election; and it is FURTHER RESOLVED, that the Inspector of Election and Clerical Assistant shall each receive the sum of Eight ($8) Dollars per hour as their compensation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Administrator Russo stated that this registration day is only good for the upcoming Village Election and all persons are urged to fill out a County registration form so that they do not have to personally register again next year. 11. APPROVING DONATIONS TO ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 15 005171. February 22, 1994 RESOLVED, that the following donations are hereby accepted: ANTHONY J POSILLIPO RECONSTRUCTION FUND Thomas Hroncich $100.00 2201 Palmer Ave #3-F New Rochelle, NY 10801 Julie Urban $50.00 47 Roanoke Ave. Gann Realty $50.00 81 Windsor Road Sylvia Raneri $35.00 55 Avon Circle Joseph Mendicino $25.00 84 Hillcrest Avenue Mr. & Mrs. Vincent Embrendo $25.00 316 Betsy Brown Road i Carmela DiDomenico $20.00 50 North Ridge Street TOTAL OF THIS RESOLUTION....................$305.00 Lori Ann DeMarco, Ass't to Village Administrator stated that the current total is approximately $21,400.00. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: 16 005172 February 22, 1994 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: 8350-8426 Payroll Checks: 12086-12326 Manual Checks: 8289, 8290, 8345, 8346, 8347, 8427 Capital: 2123-2124 Birthday Run: NONE Environmental: 411, 412 Recreational Trust: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Zuckerman stated that we still do not have a separate resolution approving the law firm of Maroney, Ponzini and Spencer on the Watson Lawsuit and therefore, he would not be able to vote for the checks to be paid to them until such a resolution is prepared. Mayor Cresenzi stated that he thought that that particular resolution was already passed, however, it would not be a problem to look into it. Trustee Pellino questioned if we could also hold the check for the Pace Study until we receive the final report, which we have not received. i Administrator Russo stated that there would be no problem to hold the checks for a few weeks. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 17 February 22, 1994 WRITTEN COMMUNICATION 13 JEANNA ALBERGA - FRAIOLI KING STREET SCHOOL PTA CARNIVAL PUBLICITY COMMITTEE RE: REQUEST TO POST SIGNAGE The Board stated that they had no problems with a sign, as long as it conforms to the current sign law. Trustee Zuckerman suggested that a form letter be drafted perhaps by the Village Attorney explaining the sign law and the given to organizations that request signage. DISCUSSION Mayor Cresenzi stated that a letter regarding a Cable Television proposal was received from Northeast Networks for installation of a high speed data fiber optics transmission system in the Village for large corporations who would need that kind of capability. A while back they had come to this Board for approval and at that time, we were unable to come to an agreement with them, but I have been speaking to them since then on a regular basis. None of us are really satisfied with TCI's service as we have gotten many complaints from the public. We discussed the prospect of Northeast Network's coming into the Village and give us an alternative Cable T.V. Service. He stated that he would like to refer this letter to the Telecommunications Commission for review while their discussions continue with T.C.I. regarding the franchise extension. The Board agreed and Mayor Cresenzi directed Administrator Russo to refer the letter to Peter Bernbaum, Chairman of the Telecommunications Commission. Mayor Cresenzi added that he also received a letter from Joel Dichter. New York American Water Company has filed for a 6.6% rate increase which we must fight. I would like to put Mr. Dichter's proposal on for discussion at the March agenda meeting. Trustee Pellino questioned what is being done to get Water District #4 activated. Administrator Russo stated that he spoke to Sal Celona and they have worked out a funding mechanism which kicks in this year. A meeting will be set very soon for the water district. Mayor Cresenzi stated that he received a letter from Andrew O'Rourke that he asked Administrator Russo to read into the record regarding the stipulation extension. He added that the County Executive's Office has been very cooperative in keeping us informed on this matter and when we get information, we will then inform the public. 18 005174 February 22, 1994 { APPROVAL OF MINUTES 14. NOVEMBER 9, 1993 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the minutes of November 9, 1993 were accepted as amended. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15. NOVEMBER 19, 1993 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the minutes of November 19, 1993 were accepted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSTAINED TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 16. DECEMBER 7, 1993 fOn Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the minutes of December 7, 1993 were accepted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION Al Benvenuti stated that a new storm drain and sewer line for the new shopping center would be hooked up to the existing lines in the Rye Ridge Shopping Center. The storm drains were hooked up two months ago, but there are no sewer lines hooked up. Mr. Circosta stated that they would look into that prior to a Certificate of Occupancy being given. Don Brown of Bishop Drive thanked the Police Department for getting him to the hospital safely during the snowstorm. 19 005175 February 22, 1994 Terry Mitchell stated that the emergency driveway in the rear of the shopping center is still wide open and questioned when it would be closed. Mayor Cresenzi stated that he is already aware of that and has already written a memo to Mr. Circosta regarding the problem. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the Board adjourned into Executive Session for litigation at 9:40 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE The Board returned to public session at 10:00 p.m. Mayor Cresenzi announced that on the advice of the Village Attorney, the Board has decided to call for the two public bearings. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE li MERRITT & HOLBY/200 SOUTH RIDGE ST. SITE PLAN APPLICATION AMENDMENT LEASE OF LOWER LEVEL SPACE TO DR. COPELAND RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on Tuesday, March 22, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, New York on a site plan amendment application made by Merritt and Holby for use of the lower level space for an Optometrists Office. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 20 005176 February 22, 1994 8. SETTING PUBLIC HEARING DATE MERRITT & HOLBY/200 SOUTH RIDGE ST. SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE MERRITT & HOLBY/200 SOUTH RIDGE ST. SITE PLAN APPLICATION AMENDMENT LEASE OF LOWER LEVEL SPACE TO GYMBOREE RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on Tuesday, March 22, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, New York on a site plan amendment application made by Merritt and Holby for use of the lower level space as a Gymboree. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE i I ADJOURNMENT There being no further comments, Mayor Cresenzi adjourned the meeting at 10:05 p.m. Respectfully submitted, Elizabeth Bottali Secretary to Village Board 21