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HomeMy WebLinkAbout1995-03-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MARCH 28, 1995 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION CONVENE AS BOARD OF ASSESSMENT REVIEW 1. GRIEVANCE DAY SETTLEMENTS CONVENE AS BOARD OF TRUSTEES PUBLIC HEARING 2. AMENDMENT TO CHAPTER 158- NOISE 3. A LOCAL LAW AMENDING THE ZONING LAW ON DWELLINGS ON SMALL LOTS DISCUSSION RYE CENTER SERVICE STATION HOURS OF OPERATION RESOLUTIONS 5. SETTING PUBLIC HEARING DATE VILLAGE OF RYE BROOK 1995-1996 PROPOSED BUDGET 6. APPROVING AMENDMENT SPECIAL USE PERMIT 62 BOWMAN AVENUE/SECTION 1, BLOCK 23, LOT 4 7. APPROVING ANTHONY J. POSILLIPO COMMUNITY CENTER RENTAL POLICY AND FEE SCHEDULE 8. SETTING PUBLIC HEARING DATE C & M SIGN CO./111 BOWMAN AVENUE 9. REFERRAL TO THE PLANNING BOARD VINCENT & ANGELA REPACI 20 WOODLAND DRIVE SECTION 1, BLOCK 6, LOTS 21K & 21 L-1 SUBDIVISION APPLICATION 10. CHECK REGISTER APPROVAL OF MINUTES I 11. AUGUST 9, 1994 2. AUGUST 23, 1994 13. SEPTEMBER 13, 1994 14. SEPTEMBER 27, 1994 I 15. OCTOBER 12, 1994 16. OCTOBER 25, 1994 17. JANUARY 31, 1995 18. FEBRUARY 14, 1995 NEXT MEETING DATE: APRIL 11, 1995 - 7:30 P.M. I i II oo5740 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 28, 1995 CONVENE MEETING The Meeting was called to order at 7:35 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 R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to Village Board Joseph Cortese, Village Treasurer was not in attendance at this meeting. 1 March 28 1995 »a 00574 CONVENE AS BOARD OF TRUSTEES PUBLIC HEARING 2. AMENDMENT TO CHAPTER 158 -NOISE Mayor Cresenzi opened the public hearing regarding Noise at 7:35 p.m. Trustee Daly stated that letters were sent to Rye Ridge Deli, Pizza& Brew and Edwards and questioned if anyone was present tonight to represent those establishments. There were no representatives of any of the establishments present. She questioned the opinion of which version of the law the Board members favored. Trustee Pellino stated that he preferred version #2. He added that a resident wrote a letter chastising the Board for not taking snow removal into consideration as a noise producing element. Municipal obligations of Rye Brook where it pertains to snow removal is already covered in the Code under 158-5. The noise ordinance does not apply to municipal functions such as snow removal and therefore, it is exempt. I , Mayor Cresenzi, Trustee Solomon and Trustee Zuckerman agreed that they also favored version #2. On Motion made by Trustee Daly, seconded by Trustee Pellino, the public hearing was closed at 7:40 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTINGNAY TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi directed Attorney Powell to prepare a resolution for the April 10. 1995 Agenda Meeting. 3. A LOCAL LAW AMENDING THE ZONING LAW ON DWELLINGS ON SMALL LOTS Mayor Cresenzi opened the public hearing at 7:40 p.m. Trustee Pellino stated that since our last meeting on this subject back on February 28, 1995, the Zoning Code Update Committee met again per the Board's request and discussed the possibility of altering the procedure for small lot parcels which basically would be a simple merger of two lots, possibly three lots into one conforming lot. After much discussion with both the Committee and Frederick P. Clark Consultants the Committee would prefer to keep the original draft that was sent to the Village Board intact. 2 March 28, 1995 s a 1 z:)p° Trustee Pellino stated that this is primarily because we don't really believe that there are many cases where there will be lot mergers applied for or being effectuated and we simply felt that we wanted to keep a lot merger provision on the books as part of our zoning law. In practical terms, this means that where you have sub-standard lots where the lot area is less than is called for in the district in which that lot is located, if an applicant applies for a building permit, and that applicant also owns a directly adjacent lot, the zoning law would require that the lots be merged to conform as closely as possible, if not completely with the area requirements for the lot in the district in which is in question. This draft will accomplish that in the opinion of the Zoning Code Update Committee. It also opens the possibility of an additional paragraph being added which would allow the Board of Trustees to be given the option of having a waiver provision for going through a re-subdivision process where two small lots are concerned. We don't really think that is a good idea and feel that the original draft covers all of the important issues that we are concerned about. One change we would like to make has to do with a minor language change in paragraph 2A. The original section of this law was devised 41 years ago when there was a need for grandfathering but we feel that by now, any building activity would have been accomplished and any grandfathering prior to the adoption of the code is really not applicable. Trustee Zuckerman agreed with Trustee Pellino, however added that the first part of the ordinance should be eliminated totally because the first part basically says that for all residents that had a problem at the time the code was adopted over 40 years ago, we are going to solve the problem for them which is to permit them to build on that small lot that has been made non- conforming by the adoption of the code. Unless they own a contiguous piece of land, where we will make them combine them. The first section does not apply anymore today because anyone who has had a non-conforming parcel since 1954 has had enough opportunity to build on it and if they want to build at this point, they should be required to go to the Zoning Board of Appeals to get a variance. Trustee Pellino stated that basically, that is what we currently have. If there are lots like that out there, I don't know if we want to be overly restrictive if there are lots that are very close to the area requirements or just might be slightly missing. If they can meet their setback lines and have a small area deficiency, they will have to go to the Zoning Board anyway. The Zoning Board of Appeals is charged with the responsibility of interpreting a law that is on the books in Rye Brook for land use and land area so having this remain on the books is probably better because it will clearly define the length of time that the property has been in ownership, define that the applicant must have at least frontyard and sideyard setbacks in compliance with the Zoning Code and the Zoning Board of Appeals would be left with the decision of what to do about the area requirements. Trustee Zuckerman stated that he does not want to provide any rights where you need not go to the Zoning Board of Appeals because that is why that Board is in existence. Mayor Cresenzi agreed with Trustee Zuckerman. 3 March 28, 1995 Q Trustee Zuckerman stated that the last line of 2A, allows the non-conformity to continue and that section should be removed because the way this is written is if you put the two lots together and they are still non-conforming, you still have the right to build without going to the Zoning Board of Appeals. One last comment on B, he asked for a clarification on the last line and suggested that perhaps it could be eliminated. Trustee Pellino stated that it had to do with cases where there are more than two lots involved. j You may have a property owner who owns three or more lots which could be combined to form two conforming lots, so the wording at the end of that sentence is intended to cover such instances where there are more than two lots being merged to form perhaps more than two lots. Trustee Zuckerman suggested that it be re-worded for clarification purposes. Mayor Cresenzi questioned what the purpose was to maintain the ability to not have to go to the Zoning Board of Appeals. Dan Panniccia, a member of the Zoning Code Update Committee stated that one thing we want to t to do is encourage more uniformity so if there are two abutting sub-standard lots the are try g Y g Y merged. We don't want to eliminate going to the Zoning Board of Appeals to obtain approval for building on sub-standard lots so maybe we can merge the two different concepts together. It was mentioned to eliminate this completely and just send everything to the Zoning Board of Appeals but then you could have two sub-standard lots with two sub-standard houses built on them basically so by adopting part of this we can prevent that. He suggested to Trustee Pellino that we use some of the ideas brought up this evening and keeping the concept of merging the two lots but sending area variances to the Zoning Board of Appeals. Trustee Pellino stated that our original intent was to clarify an existing section, but perhaps we ought to simply take the point of view of scrapping this section and writing it from scratch. Christian Miller pointed out that as far as lot merger provisions go, Frederick P. Clark Associates does not really know any other way to trigger that provision so we are sort of restricted in terms of making those provisions become accurate so that is what we are bound by. Trustee Pellino suggested that we close this public hearing because once a new draft is ready, we will have to call for another hearing and re-advertise. Mayor Cresenzi stated that the only change will be that the area variance will go to the Zoning Board of Appeals. Trustee Pellino added that the Committee will look at the simplified procedure. Trustee Zuckerman suggested that when drafting the law, we should make it clear that when a building permit is applied for, in some way the property owner has to alert the Building Inspector as to whether he owns any contiguous lots that way the Building Inspector becomes immediately aware that there is a trigger that may be applicable because the property owner may not know that. 4 i March 28, 1995 Christian Miller pointed out that all the building permit applications would have that added clause j and the law would have to be referenced. I Attorney Powell added that it would have an effect on the tax maps. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the public hearing was closed at 8:00 p.m. TRUSTEE DALY VOTING AYE, TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING NAY TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 4. RYE CENTER SERVICE STATION HOURS OF OPERATION Mayor Cresenzi stated that we recently received a letter and information on delivery schedules from Mr. Mascali in reference to the Rye Center Service Station. It was stated that in the three hour period that ten vehicles would be served with 100 gallons of gasoline which did not strike me as an overwhelming need to stay open the additional three hours. Mr. Mascali stated that the projections are guesstimate. We submitted numerous letters from residents from the Community which stressed the need for the extension of hours. A trial period was suggested at the Planning Board stage to ascertain the need and the activity that would be generated as a result of opening those hours. If the business is not there, the applicant is not going to stay open and if the business is there, it is needed by the community so I think the proper thing is to consider granting the applicant what they seek and allow the market to generate whether or not there is a need and whether or not there is too much activity. Mayor Cresenzi stated the client is requesting a change in their special use permit to extend hours of operation by three hours and this Board has the authority to grant that, however, I am not convinced that there is a need to extend the hours that we should change the permit process to extend the hours for this. Mr. Mascali reiterated that many letters were submitted to the Board as proof that this is needed. Mayor Cresenzi stated that had the numbers come back 150 cars, that would have a tremendous impact on the neighborhood, but had the numbers come back 20 or 30 cars, that is not so bad, but at three cars an hour, I don't think that is a real need to go ahead and change the hours of operation. If the applicant would like to come back at some point in time with a revised plan or new proposal or do some research into what other stations are doing, we would be happy to review the information. 5 March 28, 1995 005745 Mr. Mascali stated that we don't think it is going to be 150 cars, but it may very well be 20 or 30 cars. If the Board feels that type of information is important, we will submit that type of information before they make a final determination. i Trustee Zuckerman agreed with Mayor Cresenzi and asked the applicant if there is some bonus or arrangement that Mobil gives to the Service Station owner if he is open twenty four hours because it seems that the applicant will not be making a great deal of money by the extension of hours. Mr. Mascali pointed out that his client is not seeking to be opened twenty four hours and he is not aware of any type of bonus or arrangement. His applicant is only attempting to respond to what appears to be a need in the community. Trustee Solomon stated that from checking with other gas station owners there seems to be some kind of deal with rebates back to the gas station owners if they are open a certain amount of hours. Mr. Pinto stated that there are rebates that Mobil gives and they are in the process of going through a whole change in the business plan where the rebates are not going to exist anymore. They are going to look at economic reasons and a rebate may start from the first gallon pumped but we don't know what the new rebates are going to be. He pointed out that he is not looking for a rebate. He is building many more customers, is a resident of the community and does not consider rebates as a factor because it is not part of the way Mobil does business anymore. Trustee Pellino stated he is concerned with the impacts on the area residents that were made known at the previous meeting which will bring light and noise to that corner and we cannot loose focus of the fact that the property borders on a residential community and the Board is trying to i be fair to both the residents and the business. Mr. Pinto stated that there were residents complaining about 200 South Ridge Street and the fact that Blockbuster Video is open until midnight and also about the trash compactors behind Rye Ridge Shopping Center. Trustee Pellino stated that Blockbuster is an indoor activity and that the Board is addressing the compactor issue through the Noise Ordinance. Mr. Mascali stated that he would be happy to provide more information to the Board. Mayor Cresenzi stated that the Board would review any information that the applicant would like to submit. Trustee Zuckerman stated that he agrees with Trustee Pellino and Mayor Cresenzi that the issue is the impact on the residential neighborhood which must be weighed against the convenience for other residents in the Village. I i SII 6 March 28 1995 0 °.. Monroe Mann, attorney for the Exxon Station adjacent to the Rye Center Service Station stated that recently the Amoco Station on the Post Road in Rye was held up which should be taken into consideration. He also pointed out that he submitted petitions that were all from the immediate neighborhood as opposed to Rye Center Service Station's petitions which are from residents not in the area of the Service Station. If you can't make a living from 6:00 a.m. to 9:00 p.m., there is something wrong. William Aughaven, a member of the Planning Board, stated that we have a mini Seven Eleven over there now and questioned what else is going to occur. As a resident, I have a problem with this, I don't get gas at 9:00 p.m. and the neighbors behind this property would be inconvenienced and there are many things that are going on in Rye Brook that inconvenience the residents so as a Planning Board member, he requested that the Board think about this solidly. Mayor Cresenzi stated that he will await more information from the applicant. After much discussion, the Board agreed to change the April Agenda meeting to Monday, April 10, 1995 at 8:30 p.m. RESOLUTIONS 5. SETTING PUBLIC HEARING DATE VILLAGE OF RYE BROOK 1995-1996 PROPOSED BUDGET On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE VILLAGE OF RYE BROOK 1995-1996 PROPOSED BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Monday, April 10, 1995, at 8:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the proposed 1995-1996 Budget for the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7 1 March 28, 1995 00,`3741' 6. APPROVING AMENDMENT SPECIAL USE PERMIT 62 BOWMAN AVENUE/SECTION 1, BLOCK 23, LOT 4 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING AMENDMENT TO SPECIAL USE PERMIT 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 WHEREAS, by Resolution adopted April 28, 1987 the Board of Trustees approved a special permit for a communications consulting business professional office at 62 Bowman Avenue, subject to conditions; and WHEREAS, Michael Goldstein has made an application to amend this special permit for an attorney's office; and WHEREAS, on February 9, 1995 the Planning Board recommended the grant of the application and the Board of Trustees has held a public hearing thereon; and WHEREAS, the application is found to be a Type II action under SEQR. NOW, THEREFORE, BE IT RESOLVED, that the application to amend the special permit is granted to change the use from a communications consulting business professional office to an attorney's office; and it is FURTHER RESOLVED, that the following conditions and limitations shall apply in the place instead of the conditions and limitations of the special permit granted pursuant to the Resolution adopted on April 28, 1987: 1. The property may be used for an attorney's office. 2. There will be no more than five (5)full time employees on staff. 3. The hours of operation shall be limited to Monday to Friday from 9:00 a.m. to 5:00 p.m., Saturday from 9:00 a.m. to 1:00 p.m., and otherwise by appointment. 4. There shall be no structural changes or expansion of the premises. Attorney Powell stated that Christian Miller thought that the Board had asked that the appointments be made no later than 8:00 p.m. which was not included in the resolution. 8 0 05 March 28, 1995 Mayor Cresenzi stated that he did not recall the 8:00 p.m. ever being discussed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRFSENZI VOTING AYE 7. APPROVING ANTHONY J. POSILLIPO COMMUNITY CENTER RENTAL POLICY AND FEE SCHEDULE Trustee Zuckerman made various suggestions to which the Board agreed and a Fee Schedule was finally agreed upon. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION ANTHONY J. POSILLIPO COMMUNITY CENTER BUILDING USE- FEE SCHEDULE RESOLVED, that the attached Building Use Policy and Fee Schedule for rental of the Anthony J. Posillipo Community Center be hereby adopted: Resident Up to 2 Hours Up to 3 Hours Up to 4 Hours Multi-Purpose Room $250 $350 $450 (Without Kitchen) Multi-Purpose Room $350 $450 $550 (With Kitchen) Security Deposit $250 $250 $250 Non-Resident Multi-Purpose Room $350 $450 $550 (Without Kitchen) Multi-Purpose Room $450 $550 $650 (With Kitchen) Security Deposit $250 $250 $250 9 March 28, 1995 0 0 5)7 9 FURTHER RESOLVED,that an overtime fee of$75P or er hour art thereof, shall be imposed P P on all activities/events that persist beyond four hours agreed to on the permit. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE William Aughaven stated that if an organization such as United Way or any organization of that caliber wanted to hold an event in the facility, it would behove the Village to assist them with a g discount amount. 8. SETTING PUBLIC HEARING DATE C & M SIGN CO./111 BOWMAN AVENUE On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE C & M SIGN CO. 111 BOWMAN AVENUE RESOLVED that a public hearing shall be held b the Village of Rye Brook Board of Trustees P g Y g Y on Tuesday, April 24, 1995 at 7:30 p.m. at the Village Office, located at 90 South Ridge Street, Rye Brook, NY to consider an application for a free standing sign at 111 Bowman Avenue. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN- VOTING AYE MAYOR CRESENZI VOTING AYE 9. REFERRAL TO THE PLANNING BOARD VINCENT & ANGELA REPACl/20 WOODLAND DRIVE SECTION 1, BLOCK 6, LOTS 21K & 21 L-1 SUBDIVISION APPLICATION On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: 10 i i March 28, 1995 RESOLUTION REFERRAL TO THE PLANNING BOARD VINCENT& ANGELA REPACI 20 WOODLAND DRIVE SECTION 1, BLOCK 6, LOTS 21K & 21 L-1 SUBDIVISION APPLICATION RESOLVED, that a subdivision application made by Vincent and Angela Repaci for a subdivision of their property located at 20 Woodland Avenue is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall pay $1,000.00 to the Village, and such additional sums as may be requested, for deposit in the environmental review fund for review of such application. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. CHECK REGISTER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER RESOLVED, that 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 of Rye Brook Administrator: On-Line Checks: 10867-10937 Medicare Checks: 10969-10993 Pre Paid: NONE Payroll Checks: 1556.3-15656 Environmental: 457 Capital: NONE Capital Pre Paid: NONE Birthday Run: NONE NOW, THEREFORE, BE IT 11 March 28 1995 005751 RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 11. AUGUST 9, 1994 12. AUGUST 23, 1994 13. SEPTEMBER 13, 1994 14. SEPTEMBER 27, 1994 15. OCTOBER 12, 1994 16. OCTOBER 25, 1994 17. JANUARY 31, 1995 18. FEBRUARY 14, 1995 On Motion made by Trustee Solomon, seconded by Trustee Daly, the minutes of August 9, 1994 were approved as amended and the minutes of August 23, 1994, September 13, 1994, September 27, 1994, October 12, 1994, October 25, 1994, January 31, 1995 and February 14, 1995 were approved. it TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi announced the Blind Brook High School has requested permission to post a sign to advertise an Art Auction in front of the Blind Brook g High School. The Board agreed to rant g g permission for the fundraiser and advised the administration to contact the School and explain the Village's sign regulations. DISCUSSION Mr. Grant stated that in July 1994 the Traffic Commission stated that they had submitted a statement in reference to parking on Garibaldi Place to the Board of Trustees and to date, they have not received any response. He pointed out that the reason he went to the traffic commission was on the advice of the Village Board. Mayor Cresenzi stated that we have a letter from Sy Tarshis that Mr. Grant just gave us, notifying him that the recent request to the Traffic Commission for relief with the parking on Garibaldi across from his driveway is under review. The letter states that as soon a decision has been made Mr. Grant will be notified. Mayor Cresenzi stated that he will contact the Traffic Commission and Chief Santoro will speak to the Traffic Sergeant and resolve the matter shortly as the entire parking on that street needs to be addressed. 12 March 28 1995 00 t �1 ; Mr. Grant stated that directly across from his driveway down to the fire hydrant could possible be a fire zone because if the fire truck has to get into that facility and the lot is filled with cars, they will have no place to park their trucks. Mayor Cresenzi stated that Mr. Grant made a very good point. William Aughaven stated that as an Auxiliary Police Officer who often works that detail, he agreed with Mr. Grant that there is a major problem in that area. From a sporting standpoint, as the season has begun at Garibaldi Park, he had a difficult time getting through Garibaldi Place which was very crowded. Lena Accurso of Rockridge Drive brought two matters to the Boards attention, one being the black Westchester Weekly boxes that have been recently placed in the Rye Ridge and Washington Park shopping centers which contain filthy classified ads that are detrimental to the children if answered as a joke. She also stated that she was very upset that beginning this week, TCI Cable will cut into C-Span II in order to show more leased access programming. C-Span is the only place you cant get all sides of an issue without sound bites and editorializing and covers events start to finish. Bait and switch is illegal in most businesses and it should be illegal in cable because we are paying for one thing and getting something else. This is not the first time TCI has sprung things on us at the last minute such as rate hikes, terrible program selections, dirty pay-per-view advertising at all hours of the day and running ads for the Diamond Club in prime time. She spoke to Scott Brown at TCI who stated that they have problems with a "must carry" mandate leading them to the decision about C-Span, which does not negate the fact that the rates are too high, ads to dirty and programming choices to arbitrary and trashy and these decisions are made without input from the customers and taxpayers. As far as C-Span is concerned, I have contacted Congresswoman Nita Lowey and Senator Moynihan to request that they get the "must carry" mandate dropped. She suggested that the Board to the same thing. Since Rye Brook is in the midst of renegotiating their contract with TCI, I suggest that you renew them on a temporary basis only until these issues, complaints and concerns are fully resolved. I also ask that you actively explore other cable services that carry more responsible programming and that have a better track record of responsiveness to the people who pay their salaries. Administrator Russo stated that letters have gone out to the owners of both shopping centers requesting that the boxes be removed and Washington Park informed us that it will be removed q g g immediately, but have not heard back from Rye Ridge. Trustee Daly suggested that a copy of Ms. Accurso's letter be forwarded to the Village's Cable T.V. Commission. Mayor Cresenzi and the Board agreed. Trustee Zuckerman suggested that we recieve an update on the franchise renewal as matters should be coming to a head right now. Administrator Russo stated that he spoke to the Chairman and they are very close in settling. 13 March 28, 1995 Q Mr. Grant questioned what is going on at the corner of South Ridge Street and Garibaldi Place and why haven't the neighbors been notified. Mr. Circosta stated that a permit has been issued for the construction of a dental office and a second floor in that structure for his residence. That application did go to the Zoning Board of Appeals and did get approved. This is a permitted use in our Zoning Code where the practitioner resides on the premises and did not have to go the Planning Board. Mayor Cresenzi stated that Mr. Grant should have received a registered letter for the Zoning Board of Appeals. Mr. Grant stated that he received a letter a year ago when he just came out of surgery and was unable to attend and the area residents communicated to him that they were unhappy with the situation. Trustee Pellino stated that if a notice was sent to the area homeowners and they attended the Zoning Board of Appeals Meeting they would have heard what was going to be happening and what the nature was. Mr. Grant stated that they did attend and stated their opposition to the changes and they III understood that it never was approved that there was going to be any building and they opposed it constantly because it would be a larger building that did not conform to the area as it was a business. Mayor Cresenzi stated that they do not need a Use Variance because as long as the practitioner lives there, he could do this anywhere in the Village, therefore it does conform. Trustee Pellino questioned if Mr. Grant was stating that at the Zoning Board of Appeals, it was stated by the Chairperson that this variance was not granted. Mr. Grant stated that the variance was not granted and it is probably in the record. Trustee Zuckerman stated that the Board is in the dark as to what really happened and suggested that Mr. Circosta pulls the file and see what variances were or were not granted, whether or not he is in violation or not and by the next meeting we should have an answer. Mr. Circosta suggested that Mr. Grant come to his office and go through the file. Mr. Aughaven stated that in reference to the Mobil Station, there is a convenience store there and questioned if it is a permitted use under the Special Permit usage. Mr. Circosta stated that when they revamped the station years ago, there were discussions at that time that they would have beverages within the area. 14 005754 March 28, 1995 Mayor Cresenzi stated that he recalls discussions that basically stated that it is a retail use and the station is a retail business and what really governs the selling of food stuff is the Board of Health and the County Health Department and at that time, it was not an issue because they were all packaged things that were sold. Mr. Aughaven questioned when do we allow ourselves to get involved, for example, if they request to sell alcoholic beverages there. This is a concern because information that I have, many of the children in Port Chester have situations where they send people to these gas stations to buy beer and are we going to permit something like that to develop in Rye Brook with our own children. Mr. Circosta stated that it did go to the Planning Board for site plan approval and that was always part of their plan in their first revamp of the station. Mayor Cresenzi stated that the reason the Health Department did not get involved was because there was no food preparation. Mr. Aughaven is only looking out for the future. Trustee Zuckerman agreed that we should look into that because we may not even control whether or not they can purchase alcoholic beverages as that is controlled by the State Alcohol& Beverage Control Board. If they have a license to do that, we may not be able to prevent it. Mr. Aughaven stated that whether or not the condition will be dangerous before 9:00 p.m., he is unsure but if they are open until Midnight it might. Trustee Zuckerman stated that in his packet, he received a memo regarding debris that the neighbors are complaining of around the Port Chester High School and according to the documentation here, this was discussed at a Port Chester Liaison Committee Meeting. Trustee Zuckerman pointed out that there are many issues involving the Port Chester School District and asked if anything else was discussed at the liaison meeting, for example, construction of the dugouts and the possibility of a separate referendum for busing. He added that the elimination of bussing is potentially an adverse environmental affect which should not be done without adequate environmental protections and mitigations and is an issue that should be raised very seriously by our liaison committee along with the issue regarding the debris being left on Hillcrest Avenue. Trustee Daly stated that she and Trustee Solomon have been meeting monthly with the liaison committee and discussed the letter, which was forwarded to the Board. The ballfield issue was discussed and we tried to get them to go with the dugouts that were similar to the cage type ones at Lyon's Park rather than the actual cement type but they said that the grant is very specific as to what the monies can be used for as they considered making a bathroom facility instead but were told thatt heY could not. Trustee Zuckerman stated that Chief Santoro has some concerns with the dugout. 15 March 28, 1995 75 Trustee Daly stated that both she and Trustee Solomon raised many issues such as graffiti, children gathering there, glass, etc. but they seem to feel that because it is not in a residential area such as the high school, it will not be a problem. Trustee Zuckerman pointed out that our police patrol that area. Trustee Daly agreed. She stated that at the last meeting, Superintendent Napoli suggested that he would like to put together and meet with the area residents and discuss the issues of the neighbors surrounding the High School. Trustee Zuckerman questioned if the bussing issue was discussed. Trustee Solomon stated that bussing was never brought up in the liaison meeting so we had no idea that it was an issue. As far as the dugouts go, I relayed to Port Chester Village Clerk Fritz Falanka that we would like to be involved in the process and he agreed it was a good idea. He asked Administrator Russo to contact Mr. Falanka and expand on that so that we can become involved in the process with these dugouts. Administrator Russo stated that if that is what the Board wants him to do but he wasn't aware of who was putting up the dugouts. Trustee Daly stated that there is a grant from the Village of Port Chester to be used at the school property and Mr. Falanka is the person who applied for the grant. Mr. Heller, a member of the Port Chester School Board stated that the School Board has approved that nothing is to be done. As far as busing, he is in favor of the bussing but under state law, a referendum can be put up which comes under the School law and municipalities have no input about school busing. I would much prefer it at the mile and a half at this point but if it goes to a referendum it will be the voters decision and has nothing to do with environmental, it has to do with school law. Trustee Zuckerman disagreed and stated that it is an environmental issue. Even though it is the school districts decision, any decision that has adverse environmental impact, it is subject to the State Environmental Review process and many of the larger corporations and municipalities and school districts are subject to rules cutting back on automobile transportation to the place of business for example and the elimination of busing obviously increases automobile transportation to the school. There is divergent viewpoints as to just how much the school district is bound in its elimination of busing to follow certain procedures. Most of the individuals that use the busing are not Rye Brook residents as Rye Brook residents live to close to the school and are not eligible for busing. They are bringing children from outside of the busing limits into Rye Brook and it is our Police Department and our Police resources and our money that is expended to take care of that situation when I think we have concerns on an environmental level to which Mr. Heller, as a member of the Environmental Committee should be sensitive. 16 �I March 28, 1995 005750 Mr. Heller stated that the school district is exempt from carpooling and he would not like to see Rye Brook get into District Four's problems which are tough enough because perhaps District Four may come back and say give us some money and help us with our problems. It is a budgetary problem and rather than Rye Brook get involved in a mess we have in Port Chester right now they should go to Assemblyman Tocci and see if they can help us that way by seeing if we can use the public busing which would be great. Mayor Cresenzi stated that we will never get public busing because it would then have be implemented State wide for reimbursement on public busing and the money does not exist. Mr. Heller stated that it works in the cities and we should at least look into it. Mayor Cresenzi stated that he would still like to see the Environmental Impact Statement on the Ballfield as the School District is not exempt from SEQR who dictates the process that should be followed and the school district at that time ignored the process. Trustee Zuckerman stated that Port Chester school district had received a letter but added that he does not think that they are automatically exempt from carpooling. All government agencies are subject to the carpooling requirements. Every major employer is subject to the federal clean air act. For anyone to say that we should stay out of this is wrong. Transporting children on Rye Brook streets that are subject to patrol by the Rye Brook Police Department is our business and when some of us may feel that in the process the Federal Clean Air Act and the State Environmental Review Process are being violated, it is our business. Mr. Heller stated that Trustee Zuckerman is getting back into the fight between Port Chester and Rye Brook and Rye Town and the fact that you were offered the fields years ago and didn't accept it then. Trustee Zuckerman stated that he is only speaking about bussing now. Mr. Heller stated that he is also speaking about bussing and added that he would like to save the $114,000 for the taxpayers. The State used to give us 90% of the bussing and now it is much lower. Trustee Zuckerman stated that every school district in the State is facing that problem. Administrator Russo stated that he would like to make a clarification. He has been dealing with, as far as communication with the school district, about the plans for the field, with whom he thought was the appropriate person which is Dave Chapman, the business manager in the School district. If the Board wants me to communicate with someone else, please say so. Mayor Cresenzi stated that he is the fellow who is going to give us the letter as to whether they are going to stop buying gasoline also. He suggested that Administrator Russo get a clarification from him regarding the gasoline. 17 March 28, 1995 00575'el Administrator Russo stated that he met with him about the gasoline and they are not changing anything nor do they propose to change anything. This whole thing came out of the Village of Port Chester Village Board Meeting, it didn't come out of the School district at all. Trustee Solomon suggested that the Board agree to allow Administrator Russo to touch base with Mr. Falanka and see if that ends up being the right way to go to increase communication on this ballfield as to the things that we do and do not want. Trustee Zuckerman stated that Administrator Russo can communicate with anyone in order to get our questions answered. Trustee Solomon stated that Administrator Russo is under the impression that he needs our permission. Mayor Cresenzi stated that Administrator Russo just wants guidance so that he doesn't get blindsided at a later date. The facility is in Rye Brook, Port Chester got the grant, the School Board approves it and Rye Brook has no input as to what goes in there which does not make sense. He stated that he would like to discuss the littering memo. The reason that he wrote the memo is because the article in the newspaper stated that the High School asked School and Village Officials to crack down on loitering. He contacted Chief Santoro to see if he was the official that was contacted, but he was not. After I saw the two memos, that is when I wrote my memo. Trustee Daly stated that after that was written, the only thing she did with it was give it to the Traffic Commission because she did not know where else it should have gone and weeks later, the newspaper called her and questioned her about the children being out of school during school hours. Mayor Cresenzi stated when he read the article, he contacted the Chief. The four Trustees all serve on different liaison boards and what we should do is report back because these issues can come up weeks later and it is better to keep each other apprised of what is going on. Trustee Daly stated that her board meets monthly and she can provide a monthly synopsis of what is going on. CONVENE AS BOARD OF ASSESSMENT REVIEW The Board convened as the Board of Assessment Review at 9:25 p.m. Mayor Cresenzi stated that there were two changes that were discussed earlier on 1100 King Street and the change from a $700,000 reduction to a $600,000 reduction. 18 March 28, 1995 005758 1. GRIEVANCE DAY SETTLEMENTS On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION GRIEVANCE DAY SETTLEMENTS WHEREAS, the Village of Rye Brook Board of Assessment Review met to hear all persons wishing to be heard; and WHEREAS, the Assessor has reviewed the complaints filed and has submitted his opinions on each of the filings. NOW, THEREFORE, BE IT RESOLVED, that the Board of Assessment Review has made the following final determinations: ADDRESS DETERMINATIONS 1100 King Street (1-3-2) $ 600,000 A.V. Reduction 1100 King Street (1-3-2.1) $ 600,000 A.V. Reduction Anderson Hill Road (1-4-5) $ 16,500 A.V. Reduction 699 Westchester Avenue (1-5-18c) $1,205,900 A.V. Reduction 900 King Street (1-6-2a1) $ 62,000 A.V. Reduction South Ridge Street (1-24-1a) $ 10,000 A.V. Reduction 27 Doral Greens Drive West $ 1,000 A.V. Reduction 45 Rockinghorse Trail $ 1,000 A.V. Reduction 1 Whippoorwill Road $ 1,000 A.V. Reduction 19 Paddock Road $ 600 A.V. Reduction 1 Churchill Road $ 1,000 A.V. Reduction 7 Hidden Pond Drive - $ 300 A.V. Reduction 6 Wilton Road $ 1,000 A.V. Reduction 18 Mohegan Lane $ 2,000 A.V. Reduction 32 Bonwit Road $ 1,300 A.V. Reduction 5A Winthrop Drive $ 4,300 A.V. Reduction 19 Candy Lane $ 1,000 A.V. Reduction 3 Jacqueline Lane $ 700 A.V. Reduction 7 Loch Lane $ 800 A.V. Reduction 18 Brook Lane $ 700 A.V. Reduction 1100 King Street (1-3-2.2) No Change Anderson Hill Road (1-3-5a) No Change Anderson Hill Road (1-3-5b) No Change Anderson Hill Road (1-3-5c) No Change Anderson Hill Road (1-3-6) No Change Avon Circle ) No Chan-Var1-5 ious e ( g g 787 King Street (1-8-3 a) No Change 19 March 28, 1995 0(1)57 9 90 South Ridge Street (1-19-3b2) No Change Bowman Avenue (1-23-5.4) No Change 505 Franklin (1-24- lb) No Change 121-125 South Ridge Street (1-24-22) No Change 6 Doral Greens Drive East No Change 21 Holly Lane No Change 11 Hidden Pond Drive No Change 29 Talcott Road No Change 14 Woodland Drive No Change 227 North Ridge Street No Change 27 Westview Avenue No Change 29 Westview Avenue No Change 33 Westview Avenue No Change 226 South Ridge Street No Change TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING NAY TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURN N ME T On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the board adjourned into executive session to discuss personnel matters at 9:35 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRE SENZI VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to Village Board 20