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HomeMy WebLinkAbout1994-03-29 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK SPECIAL MEETING MARCH 29, 1994 6:00 P.M. PLEDGE OF ALLEGIANCE ACTION CONVENE AS BOARD OF ASSESSMENT OF REVIEW 1. GRIEVANCE SETTLEMENTS 7:30 P.M. CONVENE AS BOARD OF TRUSTEES PUBLIC HEARING 2. MERRITT AND HOLBY 200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND 3. MERRITT AND HOLBY 200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE RESOLUTIONS 4. ASSIGNING LAWSUIT REGARDING MERRITT AND HOLBY ASSOCIATES i 00521.18 MINUTES OF A SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 29, 1994 CONVENE MEETING (As Board of Assessment Review) Mr. Cresenzi convened the meeting at 6 : 00 p.m. Present were the following members of the Board: Mr. Salvatore M. Cresenzi Ms . Michele Daly Mr. Joseph Pellino Mr. Randy Solomon Mr. Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Asst to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney William Wendlandt, Acting Assessor Mark Tulis, Certiorari Attorney Elizabeth Bottali, Secretary to Village Board 1 005219 March 29 , 1994 1. GRIEVANCE SETTLEMENTS On Motion made by Mr. Solomon, seconded by Mr. Zuckerman, 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 made recommendations regarding each of the filings; NOW, THEREFORE, BE IT RESOLVED, that the following list of recommendations be hereby approved: ADDRESS RECOMMENDATION Rye Ridge Condominiums NO CHANGE 699 Westchester Avenue NO CHANGE 90 South Ridge Street NO CHANGE 505 Franklin Street NO CHANGE 15 South Ridge Street NO CHANGE 121-125 South Ridge Street NO CHANGE KSB Arrowwood (4) NO CHANGE 29 Woodland Drive NO CHANGE 109 South Ridge Street NO CHANGE 507 Franklin Street NO CHANGE 22 Holly Lane NO CHANGE 21 Holly Lane NO CHANGE 42 Brookridge Court NO CHANGE 4 Brookridge Court NO CHANGE 37 Hillandale Road NO CHANGE 1100 King Street (3) NO CHANGE 3 Alfred Court NO CHANGE 36 Brookridge Court NO CHANGE 92 Country Ridge Drive NO CHANGE 145 Country Ridge Drive $4, 950 A.V. Reduction 787 King Street $33, 000 A.V. Reduction 211 South Ridge Street $6, 000 A.V. Reduction 4 Bolton Place $2, 000 A.V. Reduction 32 Meadowlark Road $1, 000 A.V. Reduction 900 King Street $240, 000 A.V. Reduction 802 King Street $1, 000 A.V. Reduction 9 Whippoorwill Road $1, 200 A.V. Reduction 9 Bobbie Lane $1, 000 A.V. Reduction ;and be it FURTHER RESOLVED, that the following clerical/mathematical error be hereby corrected as follows : 2 005220 March 29 , 1994 i S B L RECOMMENDATION Veteran 1-6-2723 $900 (Exemption) MS. DALY VOTING AYE MR. PELLINO VOTING AYE MR. SOLOMON VOTING AYE MR. ZUCKERMAN VOTING AYE MR. CRESENZI VOTING AYE CONVENE AS BOARD OF TRUSTEES Mayor Cresenzi convened the meeting at 7 : 30 p.m. in the Meeting Room and the Pledge of Allegiance followed. PUBLIC HEARING 2 . MERRITT AND HOLBY 200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND r Mayor Cresenzi opened the public hearing at 7 : 40 p.m. I Charles Goldberger of the law firm McCullough, Goldberger & Staudt stated that he was here on behalf of James Staudt who is the attorney for the applicant. He stated that they have no further case to submit and that they stand on the record that was submitted last week. f On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the public hearing was closed at 7 : 45 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi stated that Attorney Powell has prepared a draft resolution on this application and questioned if the square footage of the property was ever resolved in the first page of the resolution. Mr. Circosta replied that it is approximately 33, 000 square feet. Attorney Powell gave a brief overview of the resolution. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following resolution was hereby adopted: 3 March 29 , 1994 RESOLUTION MERRITT & HOLBY ASSOCIATES SITE PLAN AMENDMENT APPLICATION FOR 200 SOUTH RIDGE STREET SECTION 1, BLOCK 23, LOTS 1A-2B, 3 AND 4 OPTOMETRIST WHEREAS, on or about June 23, 1992, site plan approval was granted by Resolution of the Board of Trustees for the construction of an approximately 33, 000 square foot shopping center at 200 South Ridge Street and this Resolution sets forth as one of its conditions that: (9 ) The area that is shown as an enclosed room on Sheet 4 of 6 of the above noted site plans shall be used by the applicant only for storage purposes and shall not be used for any other purpose without the applicant 's compliance with standard site plan review procedures as set forth in Chapter 209 of the Village of Rye Brook Code. and WHEREAS, the applicant assented to this condition, as set forth in the minutes of the June 23, 1992 meeting of the Board of Trustees on the original site plan application; and i WHEREAS, on or about October 6, 1993, ( "Applicant" ) made application for amended site plan approval for use of part of this ! space designated for storage purposes for an optometrists office; and WHEREAS, on November 23, 1993, the Board of Trustees approved a site plan amendment application for an interconnecting driveway between the Shopping Center at 200 South Ridge Street and the adjacent Rye Ridge Shopping Center; and WHEREAS, the Applicant proposes to utilize approximately 3, 500 square feet of the space now designated for storage purposes as an optometrist's office as shown on a portion of the following plans : 1 . Plan entitled, 200 South Ridge Street M. & H. Associates, South Ridge Street, Ry Brook, New York, Sheet 2 of 6, Construction Plan, prepared by Rocco V. D'Andrea, Inc. and dated June 2, 1992 . 2 . Plan entitled, 200 South Ridae Street M. & H. Associates , South Ridge Street, Rye Brook, New York, Sheet 4 of 6, Construction Plan, prepared by Rocco V. D'Andrea, Inc. and dated June 15, 1992 . WHEREAS, the application was referred to the Planning Board and the Planning Board at its January 14, 1994 meeting recommended against the use of the space for this purpose if within the lawful powers of the Trustees, but, if not, that the use be approved subject to conditions; and 4 005PP-; March 29, 1994 WHEREAS, the Board of Trustees has expressed a preference, which the applicant has declined to adhere to, that the consideration of uses for the space designated as storage await the opening of the shopping center in order that traffic could be evaluated based on actual usage; and WHEREAS, inasmuch as several applications were made for the use of the area designated for storage, the Board of Trustees has considered the Gymboree and Optometrist site plan amendment applications contemporaneously which is consistent with SEQR regulations ( 6 NYCRR 617 . 3 (k) ( 1) ) and site plan regulations (Rye Brook Code §209 . 11) ; and WHEREAS, at its March 22 , 1994 and March 29, 1994 meetings, the Board of Trustees conducted a public hearing on the site plan application. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be an unlisted action under the State Environmental Quality Review Act and a Negative Environmental Declaration is adopted, and it is FURTHER RESOLVED, that the Director of Public Works has advised in a memorandum dated March 22, 1994 that there is parking for this additional use on the site conforming with Rye Brook Code parking requirements; and it is FURTHER RESOLVED, that the site plan amendment application is approved subject to the following: CONDITIONS 1 . The site plan amendment shall not be signed 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. 2 . Lighting at the rear of the site shall be utilized so as not to interfere with the reasonable enjoyment of adjacent residential properties . No additional lighting beyond that shown on the existing lighting plan shall be installed nor shall illuminated signs be installed at the rear of the shopping center. As set forth in the Resolution granting site plan approval adopted June 23, 1992, all signage shall be subject to review and approval of the Board of Trustees . The level and dispersal of lighting in and about the rear of the shopping center shall be adjusted following commencement of the optometrist use at the reasonable direction of the Director of Public Works . 5 March 29 , 1994 3 . In view of the change of use from storage, and to protect the neighboring residential neighborhood, the site plan shall be revised to show a fence on the top of the retaining wall at a minimum uniform height to the top of the light poles at the rear of the shopping center, to the satisfaction of the Director of Public Works . All of the following shall be accomplished prior to the issuance of a certificate of occupancy for the optometrist use, or within 60 days from the date of adoption of this Resolution, whichever is earlier. a. the fence required above shall be installed at the rear of the shopping center with the good side facing the adjoining residential properties; and b. the emergency access area shall be closed consistent with the original site plan approval; and C. the walk-phase at Ridge Street and Bowman Avenue shall be installed and operating; and d. the two windows facing the rear of the site shall be blacked out; and e. the landscaping required under the site plan shall be planted and completed at the rear of the site (west side of retaining wall) ; and f. additional permanent full wooden fences six feet in height, good side facing the adjoining residential properties, shall be installed at both ends of the retaining wall, so that the adjoining residential properties will not be accessible from the shopping center, to the satisfaction of the Director of Public Works . 4 . In order to protect the neighboring residential area at the rear of the shopping center from undue disturbance associated from the establishment of the optometrist use, the following maximum hours of operation and limits are established: a. 9 a.m. to 6 p.m. - Monday, Tuesday, Wednesday and Friday; b. 9 a.m. to 9 p.m. - Thursday; C. 9 a.m. to 5 p.m. - Saturday; d. No Sunday hours; e The foregoing hours shall not apply to emergency circumstances . 6 005524 March 29, 1994 5 . In view of the finding of the Director of Public Works that parking spaces for the site as a whole under applicable codes will be utilized and essentially exhausted by the establishment of this optometrists use, together with the need to preserve the peace and tranquillity of the neighboring residential area, the use of the space for the optometrist office shall be subject to the following limits on personnel at any one time: a. No more than three ( 3) examining optometrists; and b. No more than three (3 ) opticians; and C. No more than six (6) other aides . ; and it is 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; and it is FURTHER RESOLVED, that the existing amended site plan for 200 South Ridge Street shall not be deemed modified except as provided in this Resolution. Trustee Pellino stated that with regard to the paragraph about no illuminated signs shall be installed facing the residential properties, he questioned if it could be changed to identify that in addition, no signage shall be installed except under the provisions of the original site plan resolution of June 23, 1993 where no signage can be installed unless a formal application is filed with the Village Board of Trustees. Attorney Powell stated that he could include that but it is already under the existing resolution. Trustee Pellino stated that he would prefer to see some language in there that ties the sign, illuminated or otherwise to the original resolution so that it becomes part of the overall site plan for the project. Attorney Powell read an amendment which was satisfactory to the Board. Trustee Daly stated that number three, the third to last line regarding "All of the following shall be accomplished. . . " it seems that it should either be a new paragraph or at the beginning. Attorney Powell stated that he agreed and would make it a separate paragraph as it is a separate part. Mr. Heller questioned if there is any overflow from either of the shopping centers to the side streets or the County Office Building, is there going to be any control on that so it doesn't exist or will people be allowed to park on adjacent streets . 7 March 29, 1994 Mayor Cresenzi replied that this was discussed prior to this meeting and according to our code, there is sufficient parking on site, however, if we do find a spillage over onto the streets, at that time we can deal with a "No Parking" issue on the side streets . Mr. Lanzilli stated that it should be stated in the resolution that if the Village Board gives them sixty days to complete everything and after sixty-one days, they do not finish everything, it should be written in the resolution that the whole building will be closed down. Mayor Cresenzi stated that he did not think the Village Board could do that, however, we will make sure everything is completed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3 . MERRITT AND HOLBY 200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE Mayor Cresenzi opened the public hearing at 8 : 04 p.m. On Motion made by Trustee Pellino, seconded by Trustee Daly, the public hearing was closed at 8 : 05 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Attorney Powell read the resolution. On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION MERRITT & HOLBY ASSOCIATES SITE PLAN AMENDMENT AT 200 SOUTH RIDGE STREET SECTION 1A, BLOCK 23, LOTS 1A-2B, 3 AND 4 GYMBOREE WHEREAS, on June 23, 1992 , site plan approval was granted by Resolution of the Board of Trustees for the construction of an approximately 33, 000 square foot shopping center at 200 South Ridge Street which Resolution sets forth as one of its conditions that : 8 March 29, 1994 ( 9 ) The area that is shown as an enclosed room on Sheet 4 of 6 of the above noted site plans shall be used by the applicant only for storage purposes and shall not be used for any other purpose without the applicant 's compliance with standard site plan review procedures as set forth in Chapter 209 of the Village of Rye Brook Code. and WHEREAS, the applicant assented to this condition, as set forth in the minutes of the June 23, 1992 meeting of the Board of Trustees on the original site plan application; and WHEREAS, on or about August 6, 1992 , ( "Applicant" ) made application for a site plan amendment to utilize approximately 3, 400 square feet of the space designated for storage purposes for a Gymboree; and WHEREAS, the site plan amendment application is shown on a portion of the following plans : 1 . Plan entitled, 200 South Ridge Street M. & H. Associates , South Ridae Street Rye Brook New York, Sheet 2 of 6, Construction Plan, prepared by Rocco V. D'Andrea, Inc. and dated June 2, 1992 . 2 . Plan entitled, 200 South Ridge Street M. & H. Associates, South Ridge Street Rye Brook, New York, Sheet 4 of 6, Construction Plan, prepared by Rocco V. D'Andrea, Inc. and dated June 15, 1992 . WHEREAS, the application was referred to the Planning Board and the Planning Board at its October 8, 1992 meeting, recommended approval subject to conditions including, but not limited to, a special permit being received or a zoning amendment being adopted, if needed, and limits on hours of operation and age and size of classes; and WHEREAS, on November 23, 1993, the Board of Trustees approved the site plan amendment application for an interconnecting driveway between 200 South Ridge Street and the adjacent Rye Ridge Shopping Center; and WHEREAS, the Board of Trustees has expressed a preference, which the applicant has declined to adhere to, that the consideration of uses for the space designated as storage await the opening of the shopping center in order that traffic could be evaluated based on actual usage; and WHEREAS, inasmuch as several applications were made for the use of the area designated for storage, the Board of Trustees has considered the Gymboree and Optometrist site. plan amendment applications contemporaneously which is consistent with SEQR regulations ( 6 NYCRR 617 . 3(k) (1 ) ) and site plan regulations (Rye Brook Code S 209 . 11 ) ; and 9 00,9 '? March 29, 1994 WHEREAS, at its March 22, 1994 and March 29 , 1994 meetings, the Board of Trustees conducted a public hearing on the site plan amendment application; and WHEREAS, the Board of Trustees is in receipt of a memorandum dated March 22 , 1994 from the Director of Public Works and Building Inspector advising that based on the building permits approved and applications received for the site, together with the approval of the optometrist office use, essentially all of the parking spaces on the site are utilized pursuant to Code requirements and there is insufficient parking for the Gymboree under Code requirements; and WHEREAS, in a letter dated March 25, 1994, Joseph Sisca, applicant 's Property Manager, provided a parking analysis which also shows insufficient parking to accommodate the Gymboree use under Code requirements; and WHEREAS, site plan review includes a review of parking pursuant to Section 7-725-a of the Village Law and is a proper site plan consideration under Section 209-4(c) of Village of Rye Brook Site Plan Regulations which provide, in connection with a site plan application, for the review of " [ 1 ]ocation, arrangement, appearance and sufficiency of off-street parking and loading. " ; and WHEREAS, at the time the original site plan was reviewed, parking was proposed by the applicant and reviewed for retail uses, but after that review, the applicant elected to rent space for different uses with greater parking requirements (e.g. medical/optometrist; restaurant) and, therefore, the parking required re-review; and WHEREAS, that as noted by the Village's Planning Consultant, F. P. Clark Associates and during the proceedings of the Planning Board, a Gymboree use may not be a permitted use in the C1P zoning district, and the site plan amendment application submitted by the applicant suggests that the Gymboree use may require a zoning amendment and this Resolution shall not be deemed to have made any finding whether or not the Gymboree is a permitted use. NOW, THEREFORE, BE IT RESOLVED, that the parking space determination of the Director of Public Works and Building Inspector is adopted, and the site plan amendment application for the Gymboree use is denied based upon the failure to comply with Village parking requirements set forth in Local Law 1-1989 amending Section 66-6(g) (a) , (b) and (c) of the Zoning Law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10 00 IM March 29, 1994 RESOLUTIONS 4 . ASSIGNING LAWSUIT REGARDING MERRITT AND HOLEY ASSOCIATES On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ASSIGNING LAWSUIT MERRITT & HOLEY ASSOCIATES RESOLVED, that the lawsuit brought by Merritt & Holby Associates filed in the office of the Village Clerk on March 21, 1994 be hereby defended by the Law firm of Maroney, Ponzini and Spencer. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the meeting was adjourned at 8:15 p.m. into Executive Session to discuss Police Matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to the Village Board 11