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HomeMy WebLinkAbout1994-03-08 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOI{ BOARD OF TRUSTEES AGENDA MEETING MARCH S, 1994 7:30 P.M. PLEDGE OF ALLEGIANCE ACTI DISCUSSION 1. REZONING HAWTHORNE AVENUE/ NORTH RIDGE STREET AREA HILLANDALE AREA 2., STROMBERG SUBDIVISION APPLICATION RESOLUTIONS 3. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 4. ADOPTING LOCAL LAW INTRODUCTORY #4-1994 A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO REPEAL SECTION 66-6(B) (1) (G) AND TO ADD A NEW SECTION 66-6 (B) (1) (G) REGARDING WALLS AND FENCES 5. SETTING PUBLIC HEARING FOR VILLAGE OF RYE BROOK 1994-1995 PROPOSED BUDGET 6. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, PC - LOCH LANE DRAINAGE SYSTEM 7. RETAINING KLEIN, ZELMAN, BRITON, ROTHERMEL & DICHTOR TO REPRESENT THE VILLAGE IN CONNECTION WITH THE NEW YORK AMERICAN WATER COMPANY - STAGE H RATE CASE S. CHECK REGISTER ITEMS FOR MARCH 22, 1994 PUBLIC HEARING 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA 2. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND 3. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE 4. PROPOSED LOCAL LAW INTRODUCTORY #5-1994 TO EXTEND HAWTHORNE AVENUE MORATORIUM FOR 3 ADDITIONAL MONTHS DISCUSSION 4. PLANNING BOARD RECOMMENDATION K & M REALTY PROPERTY REZONE - BOWMAN AVENUE TUESDAY, MARCH 15, 1994 ELECTION DAY POLLS OPEN 7:00 A.M. - 9:00 P.M. VOTEW 005177 4 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 8, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Lori Ann DeMarco, Ass't to Village Administrator Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to the Village Board Thomas Gissen, Frederick P. Clark Associates Joseph Cortese, Village Treasurer was not in attendance at this meeting. 1 005 "78 March 8, 1994 DISCUSSION 1. REZONING HAWTHORNE AVENUE/NORTH RIDGE STREET AREA HILLANDALE AREA HAWTHORNE AVENUE/NORTH RIDGE STREET AREA Tom Gissen of Frederick P. Clark Associates explained that his rough analysis was based on the updated maps from the Town of Rye. The existing zoning in other portions of the Village was looked at to see what might be the best fit if, in fact, it turned out that the R213 and R7 were no good. We focused principally on the R15 and the R20 zoning given the fact that the average lot size were in excess of twenty thousand square feet. Many problems came up with that. Specifically that while this area has been developed with large lots the lots are not of the same dimensions that you would typically find if you were to do a R20 subdivision in the northern end of the Village. Today, you would find that these lots were wider and less deep. Additionally, the houses would not be placed in close proximity to the side lot lines as the houses that exist on Hawthorne Avenue. We determined that it might be problematic to use one of the existing zoning districts due to the fact that the number of non-conformities that currently exist would jump considerably. We came up with a new zone called an R15A zone which is tailored to the area and is more in line with the development pattern that exits. It is still a 15,000 square foot area but a narrower lot width because the lots are long and thin and consists of smaller sideyard setbacks as many of the homes are close to the sideyards. The pattern of development is attractive and unique to the lower portion of the village. It is the only area with a collection of larger, older homes. It is reasonable to develop zoning for this area that is tailor made to preserving this area. The R15A zone would require having a minimum lot area of 15,000 square feet and average lot depth of 130 feet, an average lot width of 80 feet, frontyard setback of 30 feet, single sideyard setback of 10 feet, a combined sideyard setback of 20 feet and a rearyard setback of 65 feet. If those are imposed, we estimated 36 non-conformities rather than jumping iIp to 52 non-conformities. Of the 16 lots that we estimated to maintain one or more non-conformities, there would now be 18 so only two additional lots would become non-conforming in some way. We have not done our analysis of the lot coverage, but the Village does have a lot coverage law which is not part of the zoning law. This would have to be amended as well to include the R15A. If R15A is accepted, the setbacks have been reduced to account for the houses here having been built closer to their side lot lines as generally would have been permitted due to the fact when these houses were developed there was a different perspective on land use regulations. We feel that there will be a need for a lot area coverage requirement when you shrub the sideyard setbacks, the reverse problem could occur if there was redevelopment of any of these lots in that given the high land values today, exceedingly large houses could be placed on the street, which would also be out of character with the development. If someone were to use their building envelope as their actual footprint, you could have fairly large houses that may be somewhat damaging to the character of the neighborhood. If the Board is inclined to choose the option of the R15A we could finalize our report in no time and then make recommendations for specific amendments to the zoning code and the lot coverage law to implement those. 2 005179 March 8, 1994 Mr. Gissen explained that from a re-zoning perspective, they also recommended that Hawthorne Avenue be rezoned to R15A with the exception of the two northern most lots on the eastern side of Hawthorne Avenue. Those two lots are probably about 5,000 square feet each and really were developed in a style that is consistent with the R-5 neighborhood located on the other side of the street and directly behind them. The recommendation is that those lots on North Ridge Street that were in the study area that maintain frontage only on North Ridge Street would remain in the R7 zoning district. Even though their size averages over 12,000 square feet, they have peculiar similarities in terms of their shape and the setbacks. We also considered whether they should go down to the R2F because it is R2F to the south of them and we thought it might be better but we considered the fact that these are small lots with parking on a busy street, and an increase in the traffic load coming out of all those driveways, particularly, would be bad and that is compounded by the fact that if they turn into two family homes you have less area to turn around cars and you would have a greater amount of cars backing out onto North Ridge Street, which is a heavy traffic road. Mayor Cresenzi questioned what the Board needs to do to move forward with this. Mr. Gissen stated that the Board needs to state whether they feel the R15A is a good approach and whether or not they want to see it put into a law. He added that they also need to finish his report, which was almost complete. Mayor Cresenzi stated that he supports the recommendation 100%. Dr. Gentile questioned how many non-conformities due to smaller square feet. Mr. Gissen stated that within the area proposed to be re-zoned to R15A, their would be two. There being no further questions, Mayor Cresenzi directed Mr. Gissen to finish his report. HILLANDALE AREA Administrator Russo stated that we were finally able to obtain a copy of the new tax map so that Mr. Gissen could begin work looking at this issue. Mr. Gissen is just getting the map tonight, so there may not be any information available this evening. If there is any more direction to be given to Mr. Gissen tonight as to what type of report this Board wants, they may direct him tonight. Trustee Zuckerman stated that Mr. Gissen should use the same basis as he did for the Hawthorne Avenue area as lie was right on target with that. Trustee Pellino questioned if it would be possible to give some test case scenarios on the bulk standard proposals that will be coming before the Village Board shortly to see how that would impact in the case of Hawthorne Avenue on the R15A and Hillandale Road in general. Mr. Gissen questioned if he needed to do that in terms of its impact on creating non- conformities of the existing lots. 3 005180 March 8, 1994 Trustee Pellino replied "yes". Mr. Gissen stated that he would look at that and added that if the Board thought it was going to move rapidly on that other issue, it might even impact on the recommended standards because some of these particularly, lot width and lot depth, are based upon of the average mentioned and in almost all of the cases might end up with a different standard and you might be able to bring most of the lot into conformity. Mayor Cresenzi questioned when Mr. Gissen could get back to us on Hawthorne Avenue. Mr. Gissen stated that he could have the report available for the March 26, 1994 regular meeting. Mayor Cresenzi questioned when Hillandale would be available, and added that he thought that it was already in the works. Trustee Zuckerman questioned if he could have ready for the Board some preliminary work, perhaps the lot sizes or the number of non-conformities if we were to change the zoning. Mr. Gissen stated that he could prepare something for the April Agenda meeting. David Watson stated that he and Howard Hoff have some petitions signed by residents in the Hillandale area in support of the Village looking into re-zoning and added that out of more than thirty homeowners who we spoke to, we have only three homeowners who are not in favor of this. Mr. Hoff stated that all of the homeowners on King Street are very much in favor of this as well. Mr. Gissen stated that in the Hawthorne Area, the boundaries were clearly defined, however he is not certain of the boundaries of the Hillandale area except those lots that have frontage on Hillandale Road. Trustee Zuckerman stated that we are talking about Hillandale Road, Beechwood Blvd, Loch Lane, Woodland Drive and Edgewood Drive. It is known as the Byram Ridge Area. Trustee Pellino stated that Mr. Hoff mentioned King Street, which we did not mention just now as it is a different zone. Mayor Cresenzi added that King Street is an R15 and the Hillandale area is R20. Mr. Hoff stated that the people that are involved have more than the R30 necessary and they back up to Hillandale and have more in common with Hillandale than any other place in Rye Brook. Mr. Watson suggested that Mr. Gissen handle that situation as he did with the two end houses for the Hawthorne Avenue study. 4 00,518 . March 8, 1994 Mr. Watson questioned if the properties on King Street that are adjacent to the area could be included in the study and if Mr. Gissen could report back about the existing pattern and whether it would be appropriate to expand the R15 or redefine it. Trustee Pellino questioned if they are speaking about King Street from Hillandale Road to Loch Lane. Mr. Watson stated that he would say from Hillandale to Beechwood. Mayor Cresenzi directed Mr. Gissen to look at the map from a planning point of view and see if it makes sense to include those properties on King Street in the study and get back to the Board with his findings. 2. STROMBERG SUBDIVISION APPLICATION Mayor Cresenzi stated that at the request of the applicant, this item would be put on the agenda of the March 22, 1994 regular board meeting. RESOLUTIONS 3. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the following donations are hereby accepted: ANTHONY J. POSILLIPO RECONSTRUCTION FUND Mary McDowell $100.00 50 Valley Terrace Kenneth & Allene Berman $18.00 20 Mohegan Lane TOTAL OF THIS RESOLUTION....................$118.00 TRUSTEE DALY VOTING AYE TRUSTEE P13LLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5 005182 March 8, 1994 _ 4. ADOPTING LOCAL LAW INTRODUCTORY #4-1994 A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO REPEAL SECTION 66-6(B) (1) (G) AND TO ADD A NEW SECTION 66-6 (B) (1) (G) REGARDING WALLS AND FENCES On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ADOPTING LOCAL LAW INTRODUCTORY #4-1994 A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO REPEAL SECTION 66-6(B) (1) (G) AND TO ADD A NEW SECTION 66-6 (B) (1) (G) REGARDING WALLS AND FENCES RESOLVED, that the adoption of Local Law Introductory #4-1994 is found to be a Type II action under the State Environmental Quality Review Act; and it is FURTHER RESOLVED, that Local Law Introductory #4-1994 is hereby enacted into law. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. SETTING PUBLIC HEARING FOR VILLAGE OF RYE BROOK 1994-1995 PROPOSED BUDGET On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING VILLAGE OF RYE BROOK 1994-1995 PROPOSED BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 12, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the proposed tentative, 1994-1995 Budget for the Village of Rye Brook; and it is 6 0U518sl March 8, 1994 FURTHER RESOLVED, that the Village Clerk shall cause Notice of Public Hearing to be published as provided by law. Ken Heller questioned when the budget would be made available to the public. Mayor Cresenzi stated that the budget is filed on the 20th and will be available on the 21st. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, PC - LOCH LANE DRAINAGE SYSTEM Administrator Russo stated that he just received Dolph Rotfeld's agreement yesterday and will distribute copies of it tonight. Trustee Zuckerman stated that we should hold off on this until March 22, 1994 and the r Board agreed. Trustee Pellino questioned when we will know if we can receive any federal money to assist us with this project. Administrator Russo stated that Mr. Rotfeld followed up on that with Nita Lowey's office, but other than the most recent correspondence, we have had no further contact. I Ken Heller stated that he worked on enough of those properties and know what the water problems. Administrator Russo stated that he would call Mr. Heller when Mr. Rotfeld would be here and review the plans. 7. RETAINING KLEIN, ZELMAN, BRITON, ROTHERMEL & DICHTOR TO REPRESENT THE VILLAGE IN CONNECTION WITH THE NEW YORK AMERICAN WATER COMPANY - STAGE II RATE CASE On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION RETAINING KLEIN, ZELMAN, BRITON, ROTHERMEL AND DICHTER TO REPRESENT THE VILLAGE IN CONNECTION WITH THE NEW YORK AMERICAN WATER COMPANY - STAGE II RATE CASE 7 005:184 March 8, 1994 RESOLVED, that the Village of Rye Brook is authorized to retain the law firm of Klein, Zelman, Briton, Rothermel and Dichter to represent the Village of Rye Brook in the New York American Water Company - Stage II Rate Case; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver the retainer agreement dated February 22, 1994. Trustee Pellino stated that he does not have a problem with this as long as we have a report given to the Board from time to time as to how much we have spent so that the Board is aware of where we are headed. He questioned if Port Chester and Rye were on board with this. Administrator Russo stated that there is no problem with that. He added that the three municipalities have been having meetings on this and are all in agreement with this. He did not know if they have passed resolutions yet. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, 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: 8433-8465 8467-8499 Payroll Checks: 12329-12353 Manual Checks: 8348, 8428, 8429, 8430 Environmental: 413 Recreational Trust: 124 Capital: NONE Birthday Run: NONE NOW, THEREFORE, BE IT 8 005185 March 8, 1994 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 ITEMS FOR MARCH 22, 1994 PUBLIC HEARING 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA 2. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND 3. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE 4. PROPOSED LOCAL LAW INTRODUCTORY #5-1994 TO EXTEND HAWTHORNE AVENUE MORATORIUM FOR 3 ADDITIONAL MONTHS DISCUSSION 5. PLANNING BOARD RECOMMENDATION K & M REALTY PROPERTY REZONE - BOWMAN AVENUE Trustee Pellino requested that we set a public hearing date for the Swimming Pools Law at the March 22, 1994 meeting for the April 26, 1994 meeting. Mayor Cresenzi reminded everyone that Tuesday, March 15, 1994 is Election Day and that the Polls are open from 7:00 A.M. - 9:00 P.M. 9 f 005186 March 8, 1994 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION j SETTING SPECIAL MEETING RESOLVED, that a Special Meeting will take place on Tuesday, March 15, 1994 at 9:30 't p.m. at the Village Office, located at 90 South Ridge Street to Canvass the Votes of the j Village Election. i j TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Daly stated that at a recent Council of Community Services meeting they discussed a County Youth Initiative and currently the Carver Center is funding a kids program at the Middle School and according to them there is $850,000 more available and they encourage others to apply for those funds for Port Chester and Rye Brook programs. She brought information with her to distribute to both Mr. Hroncich and the Youth Council. Trustee Solomon stated that he heard of a "Snow Angel" program in Tarrytown and Greenburgh. This is a program where High School students volunteer to shovel out senior citizens and in light of the problems we have had this winter, it may be a program we would like to institute this winter. Lori Ann DeMarco, Ass't to Village Administrator stated that we already have a modified program in place between the High School and the Senior Center. Trustee Zuckerman commended both of our mayoral candidates on the quality of the level of the debate last night for discussing issues and not personalities and from the citizens point of view, we have a very successful campaign that is being conducted by all parties. ADJOURNMENT There being no further comments, the meeting was adjourned at 8:30 p.m. Respectfully submitted, Elizabeth Bottali Secretary to Village Board 10