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HomeMy WebLinkAbout1995-06-09 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING MAY 9, 1995 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS 1. APPROVING FREE STANDING SIGN 111 BOWMAN AVENUE/C. JERRY PLOSS & CO. 2. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING 3. APPROVING RETAINER AGREEMENT WITH MARONEY, PONZINI & SPENCER RE: VILLAGE ATTORNEY 4. ADOPTING SCOPE K& M REALTY GROUP,LTD SECTION 1,BLOCK 22, LOT 211 5. ADOPTION OF LOCAL LAW #2-1995 CHAPTER 158- NOISE 6. BOND REDUCTION THE ENCLAVEIMESSINA SUBDIVISION 7. CHECK REGISTER WRITTEN COMMUNICATION 8. THERESA A. MITCHELL RESIGNATION FROM ZONING BOARD OF APPEALS ITEMS FOR MAY 25, 1995 APPROVAL OF MINUTES NOVEMBER 8, 1994 6. JANUARY 24, 1995 NOVEMBER 22, 1994 7. FEBRUARY 28, 1995 DECEMBER 13, 1994 8. MARCH 14, 1995 -4. DECEMBER 27, 1994 9. MARCH 28, 1995 5. JANUARY 9, 1995 10. APRIL 28, 1995 it MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK,NEW YORK MAY 9, 1995 CONVENE MEETING i 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 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. 0058-10 May 9, 1995 1. APPROVING FREE STANDING SIGN 111 BOWMAN AVENUE/C. JERRY FLOSS & CO. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION APPROVING FREE STANDING SIGN 111 BOWMAN AVENUE C. JERRY PLOSS & CO. WHEREAS, an application has been made by C. Jerry Ploss and Co. for a new free-standing sign to be located at 111 Bowman Avenue; and WHEREAS, on or about December 27, 1994 the application was referred to the Planning Board which recommended approval of the application; and WHEREAS, on or about March 7, 1995 the Zoning Board of Appeals granted a 22 foot variance of frontyard setback requirements for the erection of the sign at the location applied for on the condition that the current front yard remains the same; and WHEREAS, the application consists of an undated and untitled drawing prepared by C & M Sign Company showing the proposed sign and an undated and untitled plot plan sketch showing the property and the location of the sign 15 feet from the curb; and WHEREAS, on April 25, 1995 the Board of Trustees conducted a public hearing on the application after due notice; and WHEREAS, the application is found to be a Type I1 action under SEQR. NOW, THEREFORE, BE IT RESOLVED, that the site plan application of C. Jerry Ploss and Co. for a free-standing sign is granted and the site plan may be signed by the Mayor and a building permit issued by the Building Inspector subject to the following conditions: CONDITIONS 1. The three(3) existing signs shall be removed immediately after the free-standing sign is installed. 2. The conditions imposed upon the grant of the variance by the Zoning Board of Appeals shall be complied with. 3. The colors set forth in the application shall not be changed without the prior approval of the Board of Trustees; and it is 2 _ _ i May 9, 1995 0 U 5 8.D FURTHER RESOLVED, that except as provided in this Resolution all existing site plan approvals for the property shall remain in full force and effect. Trustee Pellino questioned if condition#2 had to do with the total footprint on the whole property or just the front yard. Mr. Circosta stated that it deals with the footprint in the front yard. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING On Motion made b Trustee Solomon seconded b Trustee Pellino the following Resolution was Y Y g hereby adopted: RESOLUTION AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING RESOLVED, that the Village of Rye Brook is authorized to enter into agreement with Dolph Rotfeld Engineering P.C. for the period May 1, 1995 to May 31, 1996 for professional engineering services as further discussed in a letter dated March 29, 1995 and attachments; and it is FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Mayor Cresenzi stated that for the record, the change that Trustee Pellino suggested regarding the notification of the Village Board by Mr. Rotfeld if there was any potential conflict that might arise has been added. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3 May 9, 1995 N58'14! 3. APPROVING RETAINER AGREEMENT WITH MARONEY, PONZINI& SPENCER RE: VILLAGE ATTORNEY On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVING RETAINER AGREEMENT WITH MARONEY, PONZINI& SPENCER VILLAGE ATTORNEY RESOLVED, that the Village of Rye Brook is authorized to enter into agreement with Maroney, Ponzini Spencer, Es s. 14 North Broadway, Tarrytown, N.Y. 10591 for the period of April 1, 1995 through March 31, 1996 for an annual retainer of$70,000. to be paid in monthly installments of$5,833.33 payable on the first day of each month commencing on April 1, 1995; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver the April 28,1995 retainer agreement. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi pointed out that this fee has not been increased from last year. Trustee Solomon stated that Mr. Powell has done a fine job for the Village of Rye Brook. 4. ADOPTING SCOPE K& M REALTY GROUP, LTD SECTION 1, BLOCK 22, LOT 2B On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION ADOPTING SCOPE K & M REALTY GROUP, LTD SECTION 1, BLOCK 22, LOT 2B RESOLVED,that the scope of the DEIS for the K& M Realty Group Ltd. Site Plan application as set forth in the proposed scope prepared by Frederick P. Clark Associates dated April 21, 1995 is approved. 4 May 9 1995 a � ,l a� Trustee Daly stated that this was postponed because of the soil contamination and asked if Christian Miller from Frederick P. Clark Associates wanted to discuss anything. Mr. Miller stated that the scope was more or less ready to go a few months ago and it was discovered that there was some contamination on the site. It was the feeling of the consultants and the Village Board that we look into the contamination a little more closely and determine how that might impact the scope. We have been working closely with Dvirka and Bartilucci who has been monitoring the tests and soil samples and looking at the test results. It was really based on his recommendation that we made a lot of modifications so we feel comfortable with the changes and the way it has been presented to this board that all of the contamination issues will be addressed. Trustee Pellino questioned if the holes have been filled in due to the condition of the site after the test pourings were done. Mr. Miller stated that the eastern portion of the site, which had the largest piece of contamination, has been removed and sits on a plastic tarp and will remain there until remediation begins. At this point, we are unsure of what those remediation steps will be. There was another test done on the peninsula type piece which was found to be contaminated and that has also been removed and sits on a tarp as well. Most of the tested areas have been re-filled with the exception of those two. Trustee Zuckerman stressed that this sets forth the scope that will have to be addressed in the Draft Environmental Impact Statement that the applicant must now prepare and that will be reviewed subsequently by the Village Board at a public hearing. Steve Otis, chairman of the City of Rye Conservation Commission stated that the commission participated in the scoping session back in November 1994 and made some recommendations and many of the things that they asked were addressed in the final document. However, there were two issues that he briefly wanted to make note of which are on page four, item D-4 regarding project history. He stated that the full history of the different past uses of this site should be included in the DEIS and the language there certainly covers that but we just wanted to underline that all the other past uses and different changes in the watercourse when the filling was done by Barbara and Coccola be noted because that would have an impact in terms of the water flow. The second issue deals with the alternative section on page 15 and the one thing that we were concerned about was making sure that enough alternatives were presented to the Village Board on the DEIS dealing with smaller sizes or varied configurations of a retail or restaurant type proposal. Mr. Otis stated that he drafted some language on behalf of his commission that he will give to the Board and feels that it is not inconsistent with what is already here but provides a little more detail. The only point that we are trying to make here is that the alternatives include some variations for the Village Board to look at in terms of the buffer area and they may impact upon the size. In the original plan the buffer areas go between 7 feet and 30 feet, all of which is below what would be standards for a flood plane or wetlands type of protection. Mayor Cresenzi stated that these comments would be better taken at the Public Hearing on the Draft Environmental Impact Statement rather than tonight at an Agenda Meeting because we will take comments from the public on other items that they may want to see included and when we close the hearing we keep it open for a time to accept written comments. 5 I May 9, 1995 Mr. Otis stated that maybe he is mistaken as to where the Village is in the process. He questioned if they are voting on the scoping document tonight. Mayor Cresenzi replied yes. Mr. Otis stated that tonight is the time to have that public comment because the public hearing will be to determine whether the draft document, once it is prepared, matches up with what you decide and that it is complete. Tonight is the night to discuss what the assignment is going to be and what is included in the scoping document. Mayor Cresenzi disagreed with Mr. Otis but stated that he may continue with his comments. Mr. Otis stated that this just points to a little more detail so that we get more variations. My fear is that we are just going to get other alternatives in the DEIS just the two different variations under C and no assurance or guidances to variations under B Alternative Layout so I have just tried to provide a framework where you'll be presented with more options in the DEIS. The basis for doing this is well grouted and conservatively rounded in the SEQR regulations and would be consistent with the applicant's proposal. Mayor Cresenzi thanked Mr. Otis. He recommended to the Board that we hire Dvirka& Bartilucci as consultants. Trustee Zuckerman stated that in reference to the comments made by Mr. Otis, under B Alternate Layout, it is broad enough to review the more precise language that was suggested and perhaps Mr. Otis could forward this to the developer so that he, in his draft EIS could address that possibility because alternative B is broadly laid out and the developer will have to, in any case, describe an alternate layout under that section. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTINGAYE TRUSTEE ZUCKERMAN- VOTING AYE MAYOR CRESENZI VOTING AYE 5. ADOPTION OF LOCAL LAW #2-1995 CHAPTER 158- NOISE On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION ADOPTION OF LOCAL LAW INTRODUCTORY NO. 4-1995 AMENDING CHAPTER 158 ENTITLED: NOISE RESOLVED, that the action is an unlisted action under SEQR and the accompanying Negative Declaration is adopted, and it is 6 I May 9, 1995 00581`I FURTHER RESOLVED,that Local Law Introductory#4-1995 is enacted into law. Trustee Pellino questioned if there were any other changes besides the removal of the compactor. Mayor Cresenzi replied no. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. BOND REDUCTION THE ENCLAVEIMESSINA SUBDIVISION On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION THE ENCLAVE MESSINA SUBDIVISION BOND REDUCTION RESOLVED, that the bond required for public improvements in the Resolution approving the Messina Subdivision is reduced from $213,965 to $69,391 on the recommendation of the Director of Public Works. Trustee Zuckerman questioned if the purpose of the bond was for public improvements or for compliance with all site conditions. Mr. Circosta stated that the purpose of the bond was for public improvements and pointed out that we are only legally bound for public improvements. The policy that we have always used was to take the requested amount and reduce that amount by 25%. The requested Bond Reduction was for $192,000 and we held 25% of that. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7 May 9, 1995 005816 i j 7. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, 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: 11504-11584 Pre Paid: NONE Payroll Checks: 15995-16087 Environmental: 460 Capital: NONE 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 Daly questioned why we pay custodial fees at the Port Chester Middle School. Mayor Cresenzi stated that whenever we run an event there, and it goes past their time, we are billed for the overtime-rate for their custodians. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 8. THERESA A. MITCHELL RESIGNATION FROM ZONING BOARD OF APPEALS Mayor Cresenzi stated that Ms. Mitchell will be resigning from the Zoning Board of Appeals affective May 31, 1995. He publicly thanked her for the time and effort that she has put in to serving the Village and directed Ms. DeMarco to see that a certificate is prepared to be sent to her. 8 May 9, 1995 00817 Mayor Cresenzi announced the items for the May 25, 1995 regular Village Board Meeting. APPROVAL OF MINUTES 1. NOVEMBER 8, 1994 6. JANUARY 24, 1995 2. NOVEMBER 22, 1994 7. FEBRUARY 28, 1995 3. DECEMBER 13, 1994 8. MARCH 14, 1995 4. DECEMBER 27, 1994 9. MARCH 28, 1995 i 5. JANUARY 9, 1995 10. APRIL,28, 1995 Mayor Cresenzi announced that the May 25, 1995 meeting will be on a Thursday night at 7:30 p.m. because we are having the New York State Department of Transportation come and conduct a public hearing on the Hutchinson River Parkway Rebuild. Trustee Pellino questioned if a letter will be going out to the Officials of the Town/Village of Harrison inviting them to attend our meeting as they extended an invitation to our Board members for their meeting on May 3, 1995. Mayor Cresenzi directed Ms. DeMarco to send Supervisor Maraccini an invite. He pointed out that letters went out to the residents who live all around the Hutchinson River Parkway, the the Ridge Street School and the Nursery School. Mr. Circosta stated that for those interested in gathering information, the layout can be viewed at Village Hall. � Trustee Zuckerman reminded that it be displayed on the Government Access Channel. Rye Mayor Cresenzi stated that he received a letter from the Town of P requesting Supervisor re uestin that the Village Board consider leasing the old backhoe to the Town of Rye. He directed Attorney Powell to report back to the Board for the next meeting on how that might be accomplished and provide the Board with some options. ADJOURNMENT The meeting was adjourned at 8:00 p.m. Respectfully submitted, a Eliza eth Bottali Secretary to the Village Board 9