HomeMy WebLinkAbout1996-02-27 - Board of Trustees Meeting Minutes February 27, 1996
AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
REGULAR MEETING
ANTHONY J.POSILLIPO COMMUNITY CENTER
32 GARIBALDI PLACE
AT 7:00 P.M.
FEBRUARY 27,1996
PLEDGE OF ALLEGIANCE ACTION
JOINT WORK SESSION:
1. PLANNING BOARD AND VILLAGE BOARD
RE: POLICY DISCUSSION ON THE HANDLING
OF AMENDMENTS TO PLANNED UNIT
DEVELOPMENTS (PUD'S)
RESOLUTION:
2. DECLARING THE CANDIDATES FOR
VILLAGE ELECTION-MARCH 19, 1996
3. REVISING INSPECTORS OF ELECTION
RESOLUTION
4. APPROVING BOND REDUCTION
DORAL GREENS AT ARROWWOOD
5. APPOINTING REGISTRAR OF VITAL STATISTICS
6. APPOINTING INTERMEDIATE TYPIST
BUILDING DEPARTMENT
7. CHECK REGISTER
DISCUSSION:
8. K&M REALTY
RE: ENVIRONMENTAL DECLARATION
9. PROPOSED NEUMAN SUBDIVISION AT
HILLANDALE ROAD
RE: SUBDIVISION AND WETLANDS
WRITTEN COMMUNICATION:
10. WILLIAM S.NULL
CUDDY&FEDER&WORBY
RE: AVALON PROPERTIES
RESIDENTIAL HOUSING DEVELOPMENT
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February 27, 1996
ON THE ATRIUM SITE
1
II. MICHAEL S. SIEGEL
RE: SEQRA DETERMINATION - K&M REALTY
NEXT MEETING DATES:
• TUESDAY,MARCH 12, 1996-AGENDA MEETING-7:30 P.M.
• TUESDAY,MARCH 19, 1996- CANVAS OF VOTES -VILLAGE ELECTION
• TUESDAY,MARCH 26, 1996-REGULAR MEETING-7:30 P.M
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MINUTES OF A JOINT WORK SESSION
PLANNING BOARD AND VILLAGE BOARD
AND A REGULAR BOARD MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
32 GARIBALDI PLACE
RYE BROOK, NEW YORK
FEBRUARY 27, 1996
CONVENE MEETING:
Mayor Cresenzi convened the meeting at 7:10 p.m. in the multi-purpose room and the Pledge of
Allegiance followed.
Present were the following members of the Village Board:
Mayor Salvatore M. Cresenzi
Trustee Eugene R. Strum
Trustee Nancy Stein Tunis
Trustee Gary J. Zuckerman
Trustee Joseph Pellino
Present were the following members of the Planning Board:
Michael Stolzar, Chairman
William Aughavin
Floyd Caplan
Paul Feinstein
Harry Krausman
Madelon Rand
Also present were:
Christopher J. Russo, Village Administrator
Rocco V. Circosta, Director of Public Works
Kenneth E. Powell, Village Attorney
Lori Ann DeMarco, Assistant to the Village Administrator
Christian K. Miller, Planning Consultant, F.P. Clark Associates
Lisa B. Marinaccio, Secretary to the Village Board
JOINT WORK SESSION:
1. PLANNING BOARD AND VILLAGE BOARD
RE: POLICY DISCUSSION ON THE HANDLING OF AMENDMENTS TO
PLANNED UNIT DEVELOPMENT ZONES (PUD'S)
Mayor Cresenzi suggested that Christian Miller begin the PUD discussion. Mr. Miller mentioned
that a couple of applications have been submitted to the Village which seek amendments to
existing PUD's. He explained that the existing code appears to have some language regarding
amendments and has set forth some provisions. However, the code is not always clear and thus
has raised questions as to how the Village should process these types of applications.
Mr. Miller explained that the next issue to address is what standards should apply to the
applications. It has been debated whether the existing PUD standards should apply or whether
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February 27, 1996
the PUD standards originally enacted should apply. He noted that the Atrium property was
approved under the original, Town of Rye regulations and wondered whether those regulations
should still prevail (since the former project was approved under them). Avalon's latest amended
proposal suggests incentive zoning which is not currently in the Village Code. Mr. Miller
explained incentive zoning as a procedure established to identify a large-scale community benefit,
in return for which the Village would vary some existing zoning standards, within limits. Avalon's
amendment would only deal with an 18 acre parcel that was originally part of a larger PUD.
Mr. Stolzar said that anything the Village approves for the subject applications would set a
precedent for future submissions to the Village. He added if the application does not comply with
the old or the new PUD Standards, it should be considered as an application to re-zone an area.
Mr. Aughavin said that the PUD regulations were established for economic reasons. He
explained that a PUD zone is a compromise to use land originally designated as residential in
order to accommodate commercial uses too. He stated that the main purpose of the PUD
regulation is to attempt to preserve open space and a buffer area around residential areas.
Trustee Pellino said that a PUD concept plan should meet the original requirements of the prior
PUD code. The current"Application for Amendments" section of the PUD code calls for a
submission of a full application. With regard to Mr. Aughavin's comments, we should review
whether a PUD ordinance is right for Rye Brook at this time because two or three years ago New
York State passed legislation regarding incentive zoning. In theory, incentive zoning covers much
of what "PUD" zoning covers, including trading density bonuses for community benefits.
Trustee Zuckerman raised the subject of the Village's Zoning with regard to a Master Plan which
he had been supporting for quite some time, since it makes sense for the Village. Mr. Stolzar
noted that any standards should be fairly established. He suggested enacting a moratorium so that
the Village Board could have time to decide whether to adopt incentive zoning or to keep PUD
zones. Mr. Aughavin noted that the current PUD regulations contain a compromise provision
that enacted in the 1970's. However, the Village must decide how to govern land development
today in an appropriate way for the Village. Mr. Stolzar clarified his suggestion of a moratorium,
noting it should only be for 60 or 90 days to allow the Village to review the whole situation. Ms.
Rand supported ending "PUD" zoning in favor of designating a Master Plan. She suggested a 60
day moratorium to allow the Village to plan for future development.
Mr. Krausman reported that in his experience with other communities, 30 or 60 days was an
inadequate length of time for a moratorium. He suggested that the Village take a pragmatic stand
set an indefinite moratorium to review all development, or use the applicant as the catalyst and
determine whether the proposed applications will benefit the community. He questioned the
legality and fairness of making a developer wait if their proposal complies with current zoning.
Mayor Cresenzi explained that the current PUD regulations give the Village option mix uses. The
current code applies to areas North of the Hutchinson River Parkway. The Mayor noted that the
Atrium site-parcel under consideration does not comply with the 30 acre minimum requirement,
which means that the Village cannot just approve the application.
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February 27, 1996
Mr. Krausman responded that the application should have never been referred to the Planning
Board. Mayor Cresenzi stated the Village Board was trying to decide how to approach the
application. Mr. Stolzar suggested the plan be revised to have less units, because as presented it
is too dense. "Under current standards the Village Board should deny the application." Mr.
Aughavin suggested that the Village review the Atrium property and decide what development is
practical to the Village and surrounding neighbors. Mr. Krausman explained the difference
between the Atrium site and another site is that the owner is selling a property with a building on
it that may have to be torn down. Therefore, the cost of the site will greater. Mr. Stolzar
suggested that the Village Board reject the application and provide the applicant with an idea of
what would be an acceptable proposal, suggesting that R-15 zoning might be appropriate.
Mr. William Null, Attorney for the applicant, asked the Village to make some policy decisions at
this point, since if the decision is to leave the Atrium building vacant, the Village will not benefit.
Mr. Aughavin responded that the Village is not looking to leave the building vacant, but to reach
a common ground that the Village and the developer can agree on.
Mr. Krausman referred to page seven of the current PUD regulations. He interpreted them to say
that a developer could propose to amend an existing PUD development. The applicant would still
follow the full application procedure. Mr. Krausman noted that while the Village is bound by the
original PUD regulations, the Board might amend the regulations for a reasonable proposal.
Trustee Pellino reported that Mr. Krausman's interpretation of the PUD Zone regulations differs
from its original intent. Trustee Pellino conveyed that the proposal would still require at least a
30 acre site to comply. He added that the PUD code section entitled, "Standards and
Requirements" requires a special permit for any change of use, which means that the Village
Board would have to review it either approve or deny it. Mr. Krausman stated if the Village has
the discretion to allow a change in use and it sets a precedent, it would cause a problem if another
developer applies for a similar project. He suggested that the language in the code be changed.
Mayor Cresenzi asked if anyone else wanted to comment, as he wanted to continue discussing this
matter at the next meeting. Hearing no response, the board took a ten minute recess.
2. On the Motion of Trustee Tunis, seconded by Trustee Zuckerman, the following
Resolution was hereby adopted:
RESOLUTION
DECLARING THE CANDIDATES FOR VILLAGE ELECTION
MARCH 19, 1996
VILLAGE OF RYE BROOK
RESOLVED, that pursuant to the provisions of the New York State Election Law, the following
candidates have been nominated to fill the positions of Mayor(1) for a two year term, Trustees
(2) for a two year term and Trustee (1)for a one year term of office in the Village Election held
on Tuesday, March 19, 1996 between the hours of 7:00 a.m. and 9:00 p.m.
FOR MAYOR: (1) Salvatore M. Cresenzi
(for a two year term) 13 Holly Lane
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006095.
February 27, 1996
Paul E. Ellenbogen
412 North Ridge Street
FOR TRUSTEE: (2) Gary J. Zuckerman
(for a two year term) 29 Hillandale Road
Nancy Stein-Tunis
23 Pine Ridge Road
Russell Tenenzapf
279 North Ridge Street
Eugene Reich
11 Winthrop Drive
FOR TRUSTEE: (1) Eugene R. Strum
(for a one year term) 308 Betsy Brown Road
; and be it
FURTHER RESOLVED that voting will take place at the following places designated by the
Village of Rye Brook Board of Trustees as the polling places for Registered Voters residing
within the limits of Rye Brook.
District#20 - Port Chester Middle School - Bowman Avenue(Main Lobby)
District#21 - Port Chester Middle School - Bowman Avenue(Main Lobby)
District #22 - Blind Brook High School - King Street (Main Lobby)
District #23 - Ridge Street School -North Ridge Street (Gymnasium)
District#26 -Port Chester Senior High School -Neuton Avenue (Main Lobby)
District#27 - Ridge Street School -North Ridge Street (Gymnasium)
District#29 - Ridge Street School -North Ridge Street ( Gymnasium)
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
3. On the Motion of Trustee Pellino, seconded by Trustee Strum, the following
Resolution was hereby adopted:
RESOLUTION
REVISING INSPECTORS OF ELECTION RESOLUTION
RESOLVED, that the Resolution adopted by the Board of Trustees of the Village of Rye Brook
on Tuesday, January 23, 1996 appointing Inspectors of Election and Alternate Inspectors of
Election is revised as follows:
INSPECTORS OF ELECTION
DELETE:
#23 - Gene Reich - I 1 Winthrop Drive -Ridge Street School - 937-4298
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February 27, 1996
ADD:
#23 - Walter H. Niles - 101 Country Ridge Drive -Ridge Street School - 937-3623
and be it;
FURTHER RESOLVED, except as modified above, all other provisions of the Resolution
adopted January 23, 1996 shall remain the same.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRE SENZI VOTING AYE
4. On the Motion of Trustee Zuckerman, seconded by Trustee Strum, the following
Resolution was hereby adopted:
RESOLUTION
APPROVING BOND REDUCTION
DORAL GREENS AT ARROWWOOD
WHEREAS, on May 22, 1991, CMC Realty& Development, Inc. filed a performance bond in
the amount of$522,143 for improvements to the Doral Greens Development; and
WHEREAS, on January 19, 1996, CMC Realty&Development, Inc. requested a reduction in
their performance bond to an amount of$23,916; and
WHEREAS, Paulus, Sokolowski and Sartor, Inc., Engineers for the site has provided the
Director of Public Works with an assessment of completion; and
WHEREAS, the Director of Public Works has reviewed such assessment and is in agreement
with said reduction;
NOW, THEREFORE, BE IT
RESOLVED, the performance bond for the Doral Greens Subdivision is hereby reduced to an
amount of$23,916; and it is
FURTHER RESOLVED, that the sanitary sewers are public improvements and are 100 percent
complete, the Director of Public Works further requests that a maintenance bond in the amount of
$39,090 be hereby posted for a two year period for said public improvement.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
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006091
February 27, 1996
5. On the Motion of Trustee Pellino, seconded by Trustee Tunis, the following
Resolution was hereby adopted:
RESOLUTION
APPOINTING REGISTRAR OF VITAL STATISTICS
WHEREAS, the Village of Rye Brook has found it to be more expedient and efficient to provide
the services of recording and filing birth and death certificates through the offices of the Town of
Rye, in order to maintain a central location for these vital statistics; and
WHEREAS, Rye Town Clerk Frances C. Nugent for some time now has been ably providing
these services as Registrar of Vital Statistics on behalf of the Village of Rye Brook for our
residents.
NOW, THEREFORE, BE IT
RESOLVED, that the Village of Rye Brook Board of Trustees hereby reappoints Rye Town
Clerk Frances C. Nugent as Registrar of Vital Statistics for a two year term beginning January 1,
1996, and expiring December 31, 1997, and be it;
FURTHER RESOLVED that three certified copies of this resolution are to be returned to Ms.
Nugent for filing along with the copies of the "Notification of Appointment of Registrar of Vital
Statistics" and that the Village Administrator is authorized to execute any documents necessary to
effect this appointment.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
6. On the Motion of Trustee Zuckerman, seconded by Trustee Tunis, the following
Resolution was hereby adopted:
RESOLUTION
APPOINTMENT OF INTERMEDIATE TYPIST
BUILDING DEPARTMENT
RESOLVED, that Rita Muccino of 88 Pintard Avenue, New Rochelle, New York 10801 be
hereby appointed to the probationary position of Intermediate Typist/Building Department at a
salary of$25,500.00 with the Village of Rye Brook; and be it
FURTHER RESOLVED, that the probationary period for the position shall be six months
effective on the commencement day of March 4, 1996.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
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006098
February 27, 1996
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
7. On the Motion of Trustee Pellino, seconded by Trustee Tunis, 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: 13404-13506
Pre Paid: 13231, 13296-13302
13401 &13402
Payroll Checks: 18506-18592
Environmental: NONE
Capital: 2480-2490
Capital Pre Paid: NONE
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
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following
Resolution was hereby adopted:
RESOLUTION
PORT CHESTER- RYE -
RYE BROOK VOLUNTEER AMBULANCE CORPS
WHEREAS, the Village of Rye Brook has had a long-standing relationship with the Port Chester
- Rye -Rye Brook Volunteer Ambulance Corps and has been and continues to be satisfied with
the quality and level of its service; and
WHEREAS, Rye Brook recently formed the Rye Brook Fire Department and has engaged
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06669:9
February 27, 1996
Rural/Metro Fire Department Inc. to provide fire protection services; and
WHEREAS, it is Rye Brook's intention and policy that the fire protection and related service
operate harmoniously with the services provided by the Port Chester -Rye - Rye Brook
Volunteer Ambulance Corps; and
WHEREAS, the Port Chester-Rye -Rye Brook Volunteer Ambulance Corps has asked Rye
Brook to re-affirm its policy.
NOW, THEREFORE, BE IT
RESOLVED, that the Rye Brook Board of Trustees re-affirms that:
1. The Port Chester- Rye - Rye Brook Volunteer Ambulance Corps is Rye Brook's
primary EMS/Ambulance service provider; and
2. The Port Chester - Rye - Rye Brook Volunteer Ambulance Corps, upon its arrival
at the scene, would assume control of medical situations; and
3. The EMS personnel of Rural/Metro Fire Department Inc. should be available for
assistance of the Port Chester -Rye - Rye Brook Volunteer Ambulance Corps as
needed.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
DISCUSSION:
8. K & M REALTY - RE: ENVIRONMENTAL DECLARATION:
Mr. Konigsberg asked that the next item be discussed before his presentation. The Board agreed.
9. PROPOSED NEUMAN SUBDIVISION AT HILLANDALE ROAD
RE: SUBDIVISION AND WETLANDS:
Mr. Ralph Mastromonaco, Engineer for the Applicant, came forward. Mr. Miller conveyed that
this simple application seeks to subdivide one lot into two lots. The additional application for a
wetlands permit is required because there is a wetland or watercourse on the subject property. He
reported that the Planning Board found the subdivision suitable and recommended approval, but
they recommended that the application be processed in accordance with the wetlands regulations.
Mr. Miller's office has identified several concerns with respect to the wetlands which are spelled
out in his report dated February 9, 1996. He indicated that the proposal identifies a wetland, but
in accordance with the wetlands regulations, the applicant must define how that wetland was
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February 27, 1996
defined, or delineated, so the impact can be better assessed. Mr. Miller stated that the application
is not complete with respect to the wetlands permit.
Mr. Mastromonaco stated that there was a misunderstanding of the wetland location. He referred
to the plan and pointed out a thin stream that ends at the catch basin at the street. Mr. Miller
referred to the Village Code section that indicates the standards for permit decisions and
suggested the applicant address those standards before the Village Board move on the application.
8. K & M REALTY- RE: ENVIRONMENTAL DECLARATION:
Mr. Kip Konigsberg came forward and introduced himself as Attorney and principal of K & M
Realty Group. He stated that the subject property is entirely within a C 1 Zone District which
allows a neighborhood retail district. The subject site is 4.039 acres, of which approximately 2.4
acres is land consisting of two separate land masses described as the"strip" and the"peninsula."
Mr. Konigsberg communicated that the property as it currently exists is a construction dump.
Mr. Konigsberg explained some of the differences between his first submission and his current
application.
Ms. Ellen Metzger of Blasdon, Blouck and Lee, Environmental Consultant retained by K & M
Realty, started off with a brief description of her firm's qualifications. She summed up the studies
conducted by her firm for K &M Realty, reporting that Dvirka& Bartolucci has been monitoring
her firm's work from day one. They indicated no outstanding issues with the environmental
subsurface examinations that were identified. Ms. Metzger explained that the study concluded
that there is a very limited area of subsurface impact running from Bowman Avenue and
extending south approximately 155 feet along the northern portion. The major conclusion of the
supplemental site investigation is that the petroleum contamination poses no risks.
Ms. Beth Evans introduced herself as the Principal of the Environmental Consulting firm, Evans
Associates. She reported that she acts as Planning Consultant to the Town of Harrison and K &
M Realty. She gave a history of the K& M project and discussed the watercourses on the site
and the severely degraded condition of the edge of the watercourse. A full assessment of the
vegetation on site and an impact analysis were done for this site. She stated that the site is
currently disturbed and is not a productive healthy wetland. Discussing the fish species that live in
the pond, she explained that the development's ten foot wide buffer area would preserve the
wildlife. Ms. Evans explained some of the proposed improvements to the edge of the pond.
Trustee Pellino asked for clarification of the comment that no impact from this development
would go upstream, since the Port Chester Middle School is upstream from this property. He
added that the applicant indicated he had spoken with the Port Chester Middle School's officials
about this proposal and they approve of this project, but he wanted a guarantee that in the worst
case flooding scenario the school property upstream would not flood.
Mr. Konigsberg noted that Mr. Pellino's concerns would be addressed later in the presentation.
Mr. Konigsberg stated that no toxins or hazardous chemicals would be used on this property at
any time and that the landscaping contracts would reflect that. Mr. Konigsberg added that he was
comfortable with a restriction in any resolution that might be approved for this project.
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February 27, 1996
Mr. Richard Pearson, P.E., from John Meyer Consulting, reported that he had prepared the traffic
study for this proposal. Mr. Pearson conveyed that it was important to note that the traffic impact
for this amended proposal will be significantly less than the previous proposal. He added that the
Village's Consultants agreed with his findings in the traffic study, and discussed the study.
Mr. Jim Ryan of John Meyer Consulting, introduced himself as the Acting Project Manager since
1993, when the property was originally rezoned. Mr. Ryan explained as consultant manager that
all of the design elements in this proposal were consistent with the nature of the property. He
reported that the County had already made an extensive review of the previous project so it was
not necessary for them to re-review it, since all of their concerns were addressed previously.
Mr. Allan Pilch of John Meyer Consulting, came forward and explained his hydraulic analysis
report and gave a description of similar work that he has done in this area. Mr. Pilch reported
that in 1979, the Federal Emergency Management Association's Department of Flood Insurance
Studies, performed an insurance study which analyzed water surface elevations on Blind Brook
for 10, 100 and 500 year flood zones, which are satisfactory for this proposal.
Mr. Konigsberg brought up a letter submitted by Michael Siegel, Member of the Rye Brook
Advisory Council on Environmental Conservation, which suggested that the Board of Trustees as
Lead Agency should consider this proposal to have detrimental effects on the environment and
recommended that the Village Board declare a positive declaration under New York SEQRA.
Mr. Konigsberg believed that the Environmental Council suggested this because they feel this
proposal will set a precedent for future proposals, but stated such is not the correct base for a
determination under SEQRA.
Trustee Pellino asked the applicant to provide the Village Board of Trustees with sign offs from
Westchester County Soil and Water Conservation District on this proposal. Mr. Konigsberg
stated that when the first project was submitted to Westchester County Soil and Water
Conservation District, a September 14, 1994, response letter from Ms. Laura Tessier addressed a
number of issues in which the applicant subsequently modified the plans and worked with the
Village's Planning Consultants to address the issues raised. Subsequently, the Planning Board
asked if it was necessary for the current project to go back before Westchester County Soil and
Water Conservation District for another review. It was determined by the Village Planning Board
and by the Village's consultants that it would not be necessary.
Trustee Pellino questioned whether the proposed plantings along the waters edge would be of tall
nature to provide the pond and tributary areas with sufficient shade so that the oxygen levels of
the water would be retained to prevent negative impacts on the oxygen levels in Long Island
Sound. Mr. Ryan said that some "grassy-type" plantings that will be provided, but not many
shade plants are being proposed at this point. Mr. Ryan reported that the existing trees will be
retained. Ms. Evans added that the configuration of the pond and the sun angle prevents the
proposed vegetation from shading the water. She stated, however, that it is important to provide
a vegetated edge to allow the water moving along the edge to reach the plant roots and the soil.
Ms. Evans said that contact is very important for biochemical exchange at the soil/water interface.
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February 27, 1996
11. MICHAEL S. SIEGEL; RE: SEORA DETERMINATION -K& M REALTY:
Mayor Cresenzi announced that Mr. Siegel's comments would be made part of the record for this
application.
Mr. Roger Herman, Member of the Advisory Council of Environmental Conservation, asked the
Board if his Council would have an opportunity to express their views. Mayor Cresenzi reported
that Mr. Herman would be notified when this matter would be discussed further.
10. WILLIAM S. NULL; CUDDY & FEDER& WORBY; RE: AVALON
PROPERTIES; RESIDENTIAL HOUSING DEVELOPMENT ON THE ATRIUM SITE:
Mayor Cresenzi reported that this matter would be continued on March 12, 1996.
Mayor Cresenzi announced the upcoming meeting dates:
NEXT MEETING DATES:
• TUESDAY, MARCH 12, 1996 - AGENDA MEETING- 7:30 P.M.
• TUESDAY, MARCH 19, 1996 - CANVAS OF VOTES - VILLAGE ELECTION
• TUESDAY, MARCH 26, 1996 -REGULAR MEETING- 7:30 P.M.
Mayor Cresenzi asked for the Board to vote on going into executive session.
On the motion of Trustee Zuckerman, seconded by Trustee Strum, the Board went into executive
session.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
Mr. Peter Silton, Member of the Advisory Council of Environmental Conservation, objected to
closing the discussion. The Mayor agreed to allow him to speak. Mr. Silton advised the Board to
declare negative declaration on the K& M Realty project as the safe and prudent decision.
Mr. Paul Ellenbogen, resident of North Ridge Street, came forward and asked the Board if the
Village had a preliminary budget at this time. The Administrator responded that the proposed
budget would be available on March 20, 1996.
Mr. Bill Barnes, First Assistant Chief of the Port Chester Fire Department, addressed the Board
to tell them that some false statements and rumors were circulating. He claimed that it had been
rumored that the Port Chester Fire Department had subsidized or donated funds to a political
campaign in Rye Brook which is completely untrue. He added that statistics had been mentioned
about the Port Chester Fire Department's man power and response times. He reported to the
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February 27, 1996
Board and Rye Brook residents that from February 1, 1996 - February 22, 1996, the average
manpower and response from the Port Chester Fire Department was 21 men in 4.3 minutes.
Fire fighter Barnes told the Board that on Sunday, February 25, 1996, Rye Brook had six
simultaneous assignments and the Port Chester Fire Department responded successfully to all six.
Addressing Trustee Zuckerman, Firefighter Barnes stated "there was a very disturbing statement
that I would like to address to Trustee Zuckerman. I received a call from a Rye Brook resident on
Sunday morning that you spoke to a resident and there was mention of litigation with which Port
Chester was involved. Another statement was made that the Port Chester fire fighters drink.
That's a very sensitive issue. Basically, the feelings of this department are that unless there are
specific incidents, and with those incidents we have documentation from someone in the medical
profession with blood alcohol test results, and so forth... I think that statement is inappropriate.
We have always tried to maintain a professional level and we would expect you to do the same,
sir. Thank you for letting me speak."
The meeting was adjourned at 10:20 p.m.
Respectfully submitted,
Christopher I Russo
Village Clerk
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