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HomeMy WebLinkAbout1995-07-11 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING JULY 11, 1995 7:30 P.M. PLEDGE OF ALLEGIANCE ACTIO RESOLUTIONS 1. HIGHWAY DEPARTMENT PERSONNEL MATTERS 2. CHECK REGISTER DISCUSSION 3. APPLICATION OF ALVIN LUKASHOCK SOUTH RIDGE STREET WRITTEN COMMUNICATION 4. NANCY STEIN TUNIS RE: YOUTH COUNCIL RESIGNATION ITEMS FOR JULY 25,1995 REGULAR MEETING PUBLIC HEARINGS 1. PROPOSED LOCAL LAW INTRODUCTORY#3-1995 AMENDING SECTION 250-6(A)(2) OF THE ZONING LAW TO REVISE THE GENERAL SUPPLEMENTARY REGULATIONS IN RELATION TO THE MERGING OF SUBSTANDARD LOTS. RESOLUTIONS 2. APPROVAL OF ARYEH RE-SUBDIVISION APPLICATION KING STREET&HILLANDALE ROAD SECTION 1.BLOCK 6,LOTS 11B.1, 11B.2, 11B.3& 11B.4, 10 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JULY 11, 1995 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 Joseph Pellino Trustee Randy A. Solomon Trustee Nancy Stein Tunis 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 0058: E July 11, 1995 RESOLUTIONS 1. HIGHWAY DEPARTMENT PERSONNEL MATTERS On Motion made by Trustee Pellino,seconded by Trustee Tunis,the following Resolution was hereby adopted: RESOLUTION PERSONNEL MATTERS HIGHWAY DEPARTMENT RESOLVED,that Mark Goldstein of the Rye Brook Highway Department,be hereby promoted to the position of Motor Equipment Operator(MEO) effective August 1, 1995 at an annual salary of$40,327. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Pellino,seconded by Trustee Zuckerman,the following Resolution was hereby adopted: RESOLUTION PERSONNEL MATTERS HIGHWAY DEPARTMENT WHEREAS,there exists a vacancy in the Highway Department for a Heavy Motor Equipment Operator;and WHEREAS,said vacancy has existed since the retirement of Douglas Hallengren;and WHEREAS,Patrick McNeill has been serving satisfactorily in that position,out of title. NOW,THEREFORE,BE IT RESOLVED,that Patrick McNeill be,and he hereby is promoted to the position of Heavy Motor Equipment Operator for the Village of Rye Brook,effective August 1, 1995;and FURTHER RESOLVED,that he be compensated an annual salary of$40,849. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEEZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Administrator Russo stated that we just settled the contract with Local 456 of the Teamsters which represent our Highway Department. The issue of the stipend increase for our head Mechanic and HMEO was to compensate them due to the fact that the Highway Foreman's position has been left unfunded and these two individuals have been handling the work for that position. 2 July 11, 1995 On Motion made by Trustee Solomon,seconded by Trustee Pellino,the following Resolution was hereby adopted: RESOLUTION STIPEND FOR HEAVY MOTOR EQUIPMENT OPERATOR AND MECHANIC WHEREAS,the position of Highway Foreman has remained unfunded;and WHEREAS,the duties of this position have been distributed between both union and non-union personnel;and WHEREAS,the Village of Rye Brook wishes to maintain the same level of service provided by this position, especially during the evening,weekend and holiday hours. NOW,THEREFORE,BE IT RESOLVED,that the Heavy Motor Equipment Operator and Garage Mechanic shall each receive a monthly stipend of $291.66 for their increased responsibility related to the Highway Foreman Position;and be it FURTHER RESOLVED,that this policy shall be reviewed from time to time based upon the potential restoration of the Highway Foreman position. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Pellino,seconded by Trustee Zuckerman,the following Resolution was hereby adopted: RESOLUTION RATIFICATION OF THE TEAMSTER'S CONTRACT HIGHWAY DEPARTMENT RESOLVED,that the Stipulation of Agreement dated July 11, 1995,between the Village of Rye Brook and the Local 456 International Brotherhood of Teamsters,representing the Rye Brook Highway Department,is hereby approved and made part of this resolution;and be it FURTHER RESOLVED,that the Mayor and Village Administrator be hereby authorized to enter into an agreement with Local 456 for a three(3)year contract commencing June 1, 1994 and ending May 31, 1997;and be it FURTHER RESOLVED,that the year end May 31, 1995 be hereby modified to reflect this settlement;and be it FURTHER RESOLVED,that the 1995-1996 Budget be hereby modified as follows to reflect the current fiscal year's impact: FROM: Contingency Account#1990.424 -$25.519 3 July 11, 1995 005864 TO: Central Garage Account#1640.110- $2,802 Central Garage Account#1640.189- $1,500 Highway Maint.Account#5110.189- $2,640 Highway Maint.Account#5110.140- $2,698 Highway Maint.Account#5110.150- $5,328 Highway Maint.Account#5110.160- $7,887 Highway Maint.Account#5110.170-$2,664 TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. CHECK REGISTER On Motion made by Trustee Pellino,seconded by Trustee Tunis,the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS,the following checks,representing payment for services rendered,have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks: 11941-12041 Pre Paid: 11782-11784 Payroll Checks: 16421-16516 Environmental: 462-463 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 PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 3. APPLICATION OF ALVIN LUKASHOK SOUTH RIDGE STREET Mr. Mascali,attorney for the applicant who is a principal of DAG Associates,submitted renderings to give the Board an idea of what the applicant would like to do with his property which is located next to the Mobil Station on the corner of Bowman Avenue and Barber Place. 4 ®058G;5 July 11, 1995 Mr. Mascali explained that back in 1977 and 1978,the owner of the property appeared before the Town of Rye Board, requested and received a rezoning of the property from R2F to a C 1 zone. At that time,the Town of Rye entered into a restrictive covenant with the then owner of the property whereby the development of the remaining portion of the property was to be limited to the erection of a 15,000 square foot office building on five tax lots which comprised the parcel as it existed at that time. Trustee Solomon questioned if this structure would face out onto Bowman Avenue. Mr.Lukashok replied yes. Mr.Mascali stated that because they have not yet gone to the Planning Board,we have not generated schematic plans.We have to reach a threshold issue which is the continuation of the restrictive covenant and whether or not this Board will consider a modification to it which will enable the applicant to proceed with the development process. However,what we propose to do is erect a shopping area a little less than 3,800 square feet with 21 parking spaces which is one more than the code requires. We obviously will provide screening and buffering and plantings to minimize the impact of the site,but we need to jump over this threshold issue which places a substantial burden on the applicant now because of the market and conditions of real estate in general. We would like the Board to consider a modification of the restrictive covenant as this is one use of the property that is clearly consistent with the zoning code as it exists on this property. The applicant had looked into some alternatives with respect to this property in particular,such as affordable housing and frankly,the numbers did not justify any type of development along those lines,so we are here this evening,informally,for that purpose so that we can start a dialogue. Trustee Pellino stated that he was a member of the Planning Board when Mr.Lukashok presented a similar proposal back in 1988 and at that time the Planning Board denied this because of the restrictive covenant and also due to an issue of a study that was done in 1986 by the Village of the general area surrounding South Ridge Street and Bowman Avenue and the conclusion of that study said,in essence,that the retail area of Rye Brook would be those areas that front on South Ridge Street which was consistent with the terms of the restrictive covenant that was placed on this property. In 1987,there was a restaurant use proposed on Bowman Avenue at the site that has since become a Senior Citizen Housing Development and the application was denied at that time consistent with the concept of the study that was done in 1986. Mr.Mascali stated that it is his recollection that the Planning Board vote was four to three with some support for the application back in 1988. Also,there has been an enormous change in the general area subsequent to 1988 which puts us in a different position than the applicant was in back then. Mr.Lukashok stated that Trustee Pellino is fundamentally correct,however,back then,the Planning Board voted for the project and then at the next meeting,Herbert Adler was opposed and the Planning Board reversed its decision. They reasoned that this property is next to a very active gas station and it is difficult to put residential use next to a gas station. Mr. Lukashok pointed out that this would add to the Villages'tax base and would be attractive to the area. Trustee Pellino stated that he recalls concerns regarding traffic impacts such as ingress and egress out onto Bowman Avenue and other serious concerns such as the ability for trucks and sanitation vehicles to get in and out of the property properly to service the retail outlets so there were a number of things that were discussed. Over the years,the Village has been consistent in its position that retail activities are not to front onto Bowman Avenue and continue the creep and crawl effect on the residential character of Bowman Avenue. Only a year or two ago,Mobil wanted to place their signs on Bowman Avenue acid this Board denied that request because of our position on retail activity and the impacts of that activity to the residential character of Bowman Avenue. Mr. Lukashok disagreed and stated that in that area there are already two gas stations,a dentist's office and an empty lot. Trustee Pellino pointed out that all those mentioned are by special use permit. 5 0b8Gci July 11, 1995 Mayor Cresenzi questioned when this was approved for an office building by the Town of Rye what the lot size was then and also what the lot size is now,after it has been subdivided. Mr.Lukashok stated that there were five lots,two of which were rear lots that had houses on them which we had purchased in anticipation of building an office building. When we decided that the office building was not a viable project,we sold off the two houses which were on Barber Place so the lots became roughly 100 feet short. Its current dimensions are 97 by 140 feet. Mayor Cresenzi asked Attorney Powell to clarify what the correct zoning is for this property because when the property was sold,it was reduced and questioned if it would revert back to R217. Attorney Powell stated that the property is still Cl. Mayor Cresenzi asked Mr.Mascali to describe in more detail the restrictive covenant that was placed on the property. Mr. Mascali read the section pertaining to the restrictive covenant from the original resolution pointing out that the Village Board,as the successor to the Town of Rye would be in a position to modify it if they so choose. He added that the applicant would do whatever is necessary to make sure that the Village suffered no ill with respect to the modification of the restrictive covenant if they should so decide. Mayor Cresenzi stated that there is roughly just under 13,000 feet on that parcel now. He questioned if an office building could be built on this site. Mr.Mascali stated that it would be effectively impossible given the parking requirements. You could probably build a very small office building but whether or not it makes economic sense in today's market is questionable. Trustee Pellino stated that since 1988,the Village has adopted a Senior Citizen Housing Law and asked whether or not those numbers were reviewed with this new law. Mr.Lukashok stated that it came up two years ago. Mr.Mascali stated that in looking at what was required,he did not think this project qualified because of the size of the parcel, but this was taken into consideration. Mr. Lukashok stated that financially,it was not feasible. Mr. Mascali stated that this would look better than a three story office building. Mayor Cresenzi stated that the three story office building is history and can no longer be built. He added that he voted against the Dentist's office on Bowman Avenue because of the impacts to area residents. He added that commercial buildings should front only on South Ridge Street as the Frederick P. Clark study recommended. Trustee Zuckerman stated that the traffic in that particular area is atrocious at times with cars coming in and out of the gas stations. Adding 21 parking spaces with cars coming in and out of Bowman Avenue would be a planning nightmare. Mr. Lukashok stated that a traffic study was done by a traffic consultant which can be provided for the Board. Mayor Cresenzi questioned what the next step was that the applicant was seeking. 6 005867 July 11, 1995 Mr. Mascali requested that the Board modify the restrictive covenant prior to the applicant going through the planning process and all the expenses that go along with it. Perhaps a public hearing and if the Board decides,an amendment to this restrictive covenant. Mayor Cresenzi directed Attorney Powell to prepare a report to the Village Board discussing the legal aspects. ITEMS FOR JULY 25.1995 REGULAR MEETING PUBLIC HEARINGS 1. PROPOSED LOCAL LAW INTRODUCTORY#3-1995 AMENDING SECTION 250-6(A)(2) OF THE ZONING LAW TO REVISE THE GENERAL SUPPLEMENTARY REGULATIONS IN RELATION TO THE MERGING OF SUBSTANDARD LOTS. RESOLUTIONS 2. APPROVAL OF ARYEH RE-SUBDIVISION APPLICATION KING STREET&HILLANDALE ROAD SECTION 1.BLOCK 6,LOTS 11B.1,11B.2,1111.3 & 1IBA, DISCUSSION Mayor Cresenzi announced that the Blind Brook School District will be going out to bid on their reconstruction of the Ridge Street School Parking Lot and the widening of the driveways and would like to set a public hearing date for July 25, 1995, On Motion made by Trustee Pellino,seconded by Trustee Zuckerman,the following Resolution was hereby adopted: RESOLUTION RIDGE STREET SCHOOL DRIVEWAY AND PARKING LOT IMPROVEMENTS RESOLVED,that a Public Hearing shall be held by the Village of Rye Brook Board of Trustees on Tuesday,July 25, 1995 at 7:30 p.m. at the Village Offices located at 90 South Ridge Street,Rye Brook,New York to discuss a site plan for driveway and parking lot improvements at the Ridge Street School located on North Ridge Street; and be it FURTHER RESOLVED,that all persons interested will have the opportunity to be heard at that time. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7 July 11, 1995 005868 Trustee Solomon stated that he will be leaving the Board of Trustees effective September 15, 1995. He stated that he always tried to do his homework,be a good Trustee,work very hard and be of service to his community and thanked the community for the opportunity and the honor of serving them and added that hopefully his replacement will provide the same dedication to the Village as he has. Gary Lash of 27 Lincoln Avenue stated that he sent a letter to Mayor Cresenzi a month ago regarding an easement on his property involving a sewer drain which does not access him. Four years ago the sewer backed up and caused a massive flood which fortunately avoided his home. The Building Department came up and rotor rootered the twelve inch drain pipe. In November 1993 the same problem started to occur and I called the Building Department and nothing was ever done. I called them again in January 1994 but the ground was frozen,however at the end of January,there was massive rain and the entire thing exploded,flooding the property,into the house causing a quarter of an inch of water in the business side of my home. At the end of March,they came and replaced the piping and from then until now,I have been battling with the insurance company who said they will give me$1,600 to repair the blacktop which was ripped up and they stated that I am 50%responsible for the backing up of the piping. I never got any response from the Mayor's office to date. Mayor Cresenzi stated that the Village has been working in house on this matter. Mr.Lash stated that it would have been nice to have been given a phone call so I would have known that something was being done. Administrator Russo questioned if anyone contacted Mr.Lash and explained that this is the normal process and that the insurance company was representing the Village on this matter. Mr.Lash replied no. Trustee Tunis apologized to Mr.Lash on behalf of the Mayor and the rest of the Board and stated that someone in the office staff should have gotten back to him. Mayor Cresenzi stated that he did not need anyone to apologize for him,the issue is that Mr.Lash wrote him a letter,he discussed with the Village Administrator. He added that he was under the impression that someone from this office did get back to Mr.Lash and explained the insurance issue and that this was being discussed with the Village Administrator and Village Attorney as to how to proceed with this. Trustee Tunis stated that the office staff should have responded to Mr.Lash, Attorney Powell stated that the reality is that there was a legal claim made,sent to the insurance company in accordance with appropriate procedure and Mr. Lash is not satisfied with what the insurance company has offered. What Mr. Lash tried to do was try to get a better offer from the Village as well as the insurance company. Mr. Lash stated that when he purchased his home in 1986,he was told that there was an easement that was maintained by the Town and that it would not be a burden to him and it has only been a burden. Trustee Zuckerman questioned if Mr.Lash approached his own insurance carrier. Mr.Lash explained that his insurance carrier stated that if the drain was inside his house,he would be covered but since it is external ground water,it is not a flood situation. Trustee Zuckerman stated that if you have damage to your home from whatever source,your policy may really cover it and they may be denying coverage that is properly yours. He added that this is a legal issue and it is really not proper to comment on this in a public forum as there are legal issues arising from it. 8 00V8c)i) July 11, 1995 Mr. Lash stated that his attorney informed him that he should not have to be responsible for a Village easement. Trustee Solomon questioned where the water came from.. Mr. Circosta stated that it comes from a storm drain easement that originated on Terrace Court and goes down to Lincoln Avenue. Mr.Lash submitted pictures and a video of the area around his home and the flooding. Administrator Russo asked if Mr.Lash received the check yet. Mr. Lash stated that he did not accept the check as he did not feel he was 50%liable and his attorney instructed him not to. Attorney Powell stated that this is not the appropriate forum to discuss the entire situation as it is a legal issue. Mayor Cresenzi stated that Administrator Russo and Attorney Powell will be in touch with Mr.Lash. ADJOURNMENT On Motion made by Trustee Zuckerman,seconded by Trustee Solomon,the meeting was adjourned into Executive Session at 8:30 p.m. for contractual discussions. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE - Respectfully submitted, Christopher J. Russo Village Clerk 9