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HomeMy WebLinkAbout1995-07-25 - Board of Trustees Meeting Minutes 00587U MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JULY 25, 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 i Robert J. Santoro, Chief of Police ElizabeJh Bottali, Secretary to Village Board Christian Miller, Frederick P. Clark Associates Joseph Cortese, Village Treasurer I f July 25, 1995 ��a) Mr. Mascali stated that on behalf of Johanshah Aryeh, he requests that the Board defer any action on item #3, an approval resolution for the Arych subdivision, for a two week period so that he and his client can discuss some of the conditions of approval and possibly resolve them prior to the next meeting. Mayor Cresenzi and the Board agreed and stated that the application would be voted upon on August 8, 1995. PUBLIC HEARINGS 1. RIDGE STREET SCHOOL DRIVEWAY AND PARKING LOT IMPROVEMENTS Mayor Cresenzi opened the public hearing at 7:40 p.m. Mike Galante of Frederick P. Clark Associates stated that his firm was retained by the school district to look at traffic and parking access conditions at the Ridge Street School on North Ridge Street. We met with the Principal and teachers, did some traffic and parking evaluation surveys, sent surveys to parents and staff and with that information, we developed plans and concepts to relieve traffic congestion at the school as far as the access is concerned. The plan that is before the Board this evening came about through many ideas and discussions and is really a portion of the big picture. He showed a plan of the entire school property, pointing out entrances, parking availability and surrounding streets. There are currently 114 parking spaces in entirety. We found that there was a fair amount of traffic congestion within the property itself which spills over to North Ridge Street during the morning and afternoon peaktime periods. Our goal was to try to develop a plan that could reduce those problems as much as possible while working around what we have. We developed two concepts and one shows that if we were to look at all different parking lots within the property, what can we do to make things better. We tried to provide additional parking for visitors, parents and staff and an additional area for drop off and a separate area for bus drop off if possible to separate busses and passenger cars. This concept maintains the driveway in the same location and develops a parking lot in the old playground area as well as adding roughly twenty spaces along the existing road that goes to the back parking lot. In the ftont of the school were there are currently 11 or 12 parallel parking spaces, we turned that parking around and made perpendicular parking gaining more parking spaces. We tried to open up areas and provide more room for parents that do not need a parking space but need a place to go in the morning to drop off their child or to pick them up. Some of the parents are in a car pooling program where they communicate with the teachers by walkie talkie which seems to work quite well. In the lower parking lot, that concept shows a separate bus area that wraps around a hill and some added parking down in that parking lot which has a fair amount of congestion and is very limited as far as parking availability most of the time during the day. This concept adds 72 parking spaces while the second concept adds 92 parking spaces. The second concept goes further and shows more parking and more open space as far as available area for parents to wait and the lower parking lot is basically the same. In October, the School Board stated that they really could not afford this plan and wanted to aim towards it. This plan focuses on the front portion of the school property and was prepared by Dolph Rotfeld Engineers and is based on the concept sketch of the first plan referred to a while ago. Mr. Rotfeld's plan has highlights of new l pavement and will overall add about 30 parking spaces. f 2 July 25, 1995 005871"11 Mr. Galante stated that the concept is to use this grass area and create a parking lot for visitors and staff. We are hoping to relieve the area where cars wait today. In the back we only have 15 spaces and the reason for the added parking back there is to accommodate the 11 or 13 spaces that we are eliminating in one area. The concept is to have the children cross at a control point at the crosswalk, go to a sidewalk and be able to get into a car from there. Today, we find that cars are parked everywhere and that children most often are walking between cars. While we are adding pavement and stretching things out, we are trying to have some control but in the meantime keep the center lanes open for parents to drive through. Towards the main entrance of the building we have a raised concrete median that would physically separate the school busses. The concern was that we have school busses that stop there and you cannot pass a stopped school bus. Now parents will be able to exit while a school bus is up against the curb. As we exit the property, we are widening it to let it function as a real two lanes and today, it only functions as a lane and a half and there is usually a school bus parked there. We are trying to get cars in quicker by widening the driveway coming in and the exit to leave the school property. The concept is to get the cars off of North Ridge Street, give them some place to go on the site and then exit much ! easier. Trustee Pellino questioned if there was a plan to sign the property in such a way that maybe these areas are going to be used separately for different age groups or is it just general parent pick up. Mr. Galante stated that the parents that pull in and go to a separate door for drop off and pick up do that today already, and the parents that park their car, they park wherever they want, but the intention here is that as far as designated parking spaces, we have to maintain certain staff spaces but any space that has a"V" for visitor, any person visiting, including a parent, can park there. Trustee Zuckerman stated that the right hand turn going into the new parking area seems a little sharp and suggested that possibly it could be designed to make it smoother by having the driveway widened. Mr. Galante stated that the idea is not to make it too wide so we can slow the cars down. Mayor Cresenzi questioned if Mr Galante looked into a restricted turn at the exit in an attempt to try to move traffic through the site in a safer and more efficient manner. Mayor Cresenzi further questioned if Mr. Galante felt that this plan, as a first step, would eliminate the cars being stopped in both directions on Ridge Street. Mr. Galante stated that they felt that if they did that, it would restrict it to a right hand turn and bring traffic into the neighborhood behind the school and we did not want to do that. This plan will reduce the cars stopped on Ridge Street but will not eliminate it. The concept was to get the cars into the site and put them someplace to alleviate the traffic on North Ridge Street. Mayor Cresenzi questioned what kind of pavement area would be in the overflow parking area. Mr. Galante replied that they would be using asphalt. Mayor Cresenzi questioned if Mr. Rotfeld has taken into account the normal runoffs that our subdivision regulations would take into account, as the Board has not seen the drawing up close. i 3 i, July 25, 1995 0058 /3 Mr. Galante stated that it is graded in a manner in order to drain into the catch basin and added that he would have to refer to Mr. Rotfeld to say whether or not that is adequate. Trustee Zuckerman questioned if the specifications had been drawn yet to accommodate the plan. Mr. Galante stated that he did not believe so as they were waiting to see if the concept of this plan was accepted and approved. i Joan Feinstein, a member of the Blind Brook School Board stated that we were hoping that as far as the old playground area, it would be able to paved over by the time school starts on September 6, 1995. We are realistic that this other phase will not be constructed in time. Mr.Tarshis questioned how many parking spaces will this give or take away and at what cost. I Mr. Galante stated that currently there are 114 parking spaces and this will add roughly 30 spaces. As for the cost we don't have a final estimate completed but it would probably be roughly $75,000. Mayor Cresenzi stated that the Village is only here to conduct a site plan hearing for the proposed changes and the cost is really an issue with the School District. Stephanie Rothman of 8 Sleepy Hollow Road questioned the possibility of plantings or foliage in her backyard. Ms. Feinstein addressed the issue of screening and stated that other neighbors were concerned as well and the Board is in favor of screening taking place. A resident of 3 Sleepy Hollow Road stated that she was concerned about having a parking lot where the old playground was. She stated that she would like to see more greenery rather than blacktop. She added that she was concerned with kids using it on weekends or after school hours and wanted to be assured that busses would not be parked there on off hours. Ms. Feinstein stated that busses would not be parked there on off hours as there is garage space at the high school for that purpose. Once that area is paved, we may move staff parking onto that area thereby removing some spaces that are now used by staff in the front, freeing up the area around the school, alleviating the congestion. With increasing enrollment, this serious problem will only get worse and given limited resources we feel that this is the best concept. We have $60,000 budgeted for this project from the 1995-1996 fiscal year for the purpose of improving the situation. Mr. Galante added that a fence has been installed along North Ridge Street to eliminate parents from dropping their children off on the shoulder and letting them run across the grass. Trustee Solomon questioned how people making a left turn into that driveway will be able to make the right turn into the parking lot. He also questioned the possibility of the older children running from the entrance across the bus area and suggested a controlled crossing area around there also. 4 July 25, 1995 005874 Mr. Galante stated that the purpose of the wider driveway was to give people the space to get off the street. To answer the question, I think people will have to pull in and go in the middle of that driveway and not go in the left lane directly and turn wide into that driveway. The other choices were either going back to a one way, which we felt would be too tight or leave it 25 feet and not stripe it which would be chaotic. He added that there is staff out there every day to make sure that the children stay out of danger and added that he would rather not have a crosswalk there. Trustee Zuckerman stated that this may not be a perfect plan but it is much better than what we have today, which is total chaos. Mayor Cresenzi agreed and stated that it will be a tremendous improvement. He instructed Attorney Powell to prepare an approval resolution to also include landscaping for the August 8, 1995 agenda meeting. On Motion made by Trustee Zuckerman, seconded by Trustee Tunis, the public hearing was closed at 8:15 p.m. TRUSTEE PEIJJNO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESFNZI VOTING AYE County Legislator Paul Noto stated that he was present this evening to update the Board on various issues that are affecting Rye Brook and other issues that they are working on. One is Water District #4 and there is a meeting at 7:00 p.m. tomorrow evening at the Rye Town Offices on the Drought Emergency with Sal Celona regarding measures we will be taking to address the drought. Also we have agreed upon an engineering firm to do an alternative study to investigate the feasibility of purchasing New York American Distribution system which will give us some facts in terms of our water purchasing so we will know exactly what it will cost and whether or not it is better to purchase the system and have our own water works or stay with New York American and pay what we are paying and fight them every three years on a rate increase. The study should take between six to nine months and once it is completed, they will go to each municipal board, discuss the findings, answer questions about water rates. We have resurrected the bar closing issue. The State Legislature has abolished the local ABC Boards so we are now in a position where the County Legislature has to adopt a resolution requesting a hearing from the State Liquor Authority in Albany at which time the hearing must be held in this area and we hope Rye Brook will support us to get the bar closing time back to 2:00 a.m. Mayor Cresenzi stated that we passed resolutions on that in the past and we will be happy to do so again. Mr. Noto stated that a recent proposal has come up from the New York State Department of Transportation to construct an H.O.V. Lane on 287 which is a huge project. The D.E.I.S. has just been printed and this will be devastating for central Westchester County. They are talking about moving the Mamaroneck River in two places, taking over at least 5 residences and 2 or 3 commercial properties. This project will impact everyone from Port Chester to Tarrytown and in j my opinion, environmentally will be a disaster. 5 i July 25, 1995 - 00587S Mr. Noto informed the Board that the comment period will be in September and he suggested that Rye Brook get involved. These lanes do not work on the Long Island Expressway and they will not work here. They will only put more traffic on the side streets and the problems on 287 are only during rush hour time, whereas on the Long Island Expressway they are all day. Trustee Zuckerman questioned what would happen to the money allocated for this project if it is not used for this specific purpose. Mr. Noto replied that the State Department of Transportation can only use money on the roads and their money is bonded and can only be used for specific projects. Trustee Zuckerman stated that with the Hutchinson River Parkway Reconstruction, he had concerns with possibly asking the Department of Transportation to spend some money on improving King Street. Mr. Noto stated that it depends if the road is a State road. Trustee Zuckerman stated that King Street is a State road. Mr. Galante pointed out that H.O.V. lanes don't go through the Village of Rye Brook, they begin at the Hutchinson River Parkway and go towards Tarrytown. Mr. Noto pointed out that the impacts will be felt all across. He also stated that he co-chairs the Domestic Violence Task Force and will be proposing some modifications in the law and that a report is available for the Board to read and comment on. He thanked the Board for their time this evening. 2. 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. Mayor Cresenzi opened the public hearing at 8:24 p.m. Mr. Miller stated that as the Board is aware, we have been working with the Zoning Code Update Committee for the past year to make some revisions to the dwellings on small lots regulations. We were asked to look at three things specifically, first, to eliminate the grand fathering provision for existing lots that are sub-standard in terms of lot area, secondly to find adjacent sub-standard lots in common ownership which could be merged and finally there was a concern that there could be a potential increase in the number of subdivision plat approvals as a result of the merger process. So, we have modified the regulations that are before the Board this evening and both the existing and proposed regulations have been provided. In essence, what we are doing is removing the existing dwellings on small lots provision and creating a new section called merging of substandard lots. This really addresses what the Board is looking for, which is not grandfathering existing lots that are substandard but merging the lots that are substandard. 6 July 25, 1995 005876 Mr. Miller stated that the current regulations state that you have an as of right exception for lots that are substandard in terms of the minimum area provided they were purchased prior to 1954 and it is the feeling of the Board that residents had ample time to merge these lots so now is the time to do it. Now, there will be no as of right exemption. Secondly, we kept the merger provision and required that any lot that is substandard in terms of either minimum area, yard, setback and horizontal circle or any other zoning requirement, that that lot be required to be merged with an adjacent lot that is held in common ownership to bring that lot into conformance. The current regulations only pertain to minimum lot area which as you can see we have expanded so that the lot can be truly within total conformance. Finally we added an abbreviated subdivision review process and under the proposed regulations, the Board of Trustees would have the option of waiving jurisdiction over the review of subdivisions. A lot merger is triggered by an application for a building permit. Before approving such waiver, the Board would have to determine that the proposed lot merger would be consistent with the general regulations of the subdivision regulations and would not be significant in terms of development impact, would not hinder or preclude future development of adjacent sites. Once that criteria is met, than they have the ability to waive jurisdiction and that would be done at a public meeting but there would be no formal public hearing per say and the application would be processed by the Director of Public Works and forwarded to the Village Board for their signature on the final plat. Hopefully this addresses all concerns of the Board, and if there are any questions, Mr. Miller stated that he would be happy to answer them. Trustee Pellino stated that this opens up situations where people with these types of lots would be going to the Zoning Board of Appeals for variances not just on area but also for setback so while the grand fathering right was taken away, basically it doesn't preclude that landowner from going forward to the Zoning Board of Appeals to seek relief if they feel that relief was warranted. He added that he did not think there would be many of these types of situations, as during our committee meetings, we think it properly puts every landowner in the position of adhering to our Zoning Codes and seeking relief where it is appropriate. Trustee Zuckerman stated that this is a much better law than what we were dealing with originally and the Zoning Update Committee did an excellent job. He made some minor language changes questioned if the Board waives jurisdiction, would it then be up to the Building Department to merge the two lots. Mr. Miller replied yes and explained that the lots would be merged in accordance with Chapter 19 of the Subdivision Code and they would have to submit a formal application plat and Mr. Circosta would have to determine if all information is provided and final plat approval would be made. Trustee Zuckerman questioned if rather than waiving jurisdiction could we just simply grant the merger. Attorney Powell explained that if the Board went through the ordinary subdivision process, you would have to go through the public hearings, defeating the purpose of simplicity. Trustee Pellino commended the Zoning Code Update, once again, for all their hard work and dedication. 7 July 25, 1995 0058 1 On Motion made by Trustee Pellino, seconded by Trustee Tunis, the public hearing was closed at 8:35p.m. with an approval resolution to be ready for the August 8, 1995 meeting.. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTF,E Z,UCKERMAN VOTING AYE MAYOR RE,17N VOTING AYE RESOLUTIONS 3. APPROVAL OF RE-SUBDIVISION APPLICATION JONATHAN ARYEH KING STREET & HILLANDALE ROAD SECTION 1. BLOCK 6, LOTS 1IB.1, 11B.2, 11B.3 & 11B.4, Mayor Cresenzi stated that this would be held over to the August 8, 1995 meeting by request of the applicant. 4. APPOINTMENT OF RECREATION LEADER On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT OF RECREATION LEADER RESOLVED, that James Rooney, of 152 Roberts Avenue, Yonkers, NY be hereby appointed to the probationary position of Recreation Leader at a salary of$30,169 with the Village of Rye Brook; and be it FURTHER RESOLVED, that the probationary period for the position shall be six months f effective on the commencement date of August 1, 1995. Administrator Russo introduced Mr. Rooney and the Board wished him luck. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 July 25, 1995 005876 5. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, 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: 12125-12234 Pre Paid: 11937-11939, 12042, 12043, 12045, 12046 Payroll Checks: 16519-16718 Environmental: NONE Capital: 2332-2341 Capital Pre Paid: NONE Birthday Run: 2131-2138 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 TRUSTE-L ZUCKERMAN VOTING AYE MAYOR CRESF,NZI VOTING AYE WRITTEN COMMUNICATION 6. HONORABLE CHRISTINE A. KORFF VILLAGE OF PORT CHESTER RE: USE OF A.J.P. COMMUNITY CENTER TO PORT CHESTER RESIDENTS Mayor Cresenzi stated that he received a letter from Mayor Korff regarding the use or possible inclusion of Port Chester Senior Citizens in some of our Senior Citizen programs. He stated that he would like to refer this request to the appropriate staff for review. Mayor Korff, who was present addressed the Board, stating that there seems to be a small i misunderstanding as there was an article written by Lynn Cascio in the Daily Item stating that my letter was to request that the nutrition program held at the Don Bosco Center in Port Chester be moved to the Anthony J. Posillipo Community Center in Rye Brook but that was not at all my request. 9 r0058 1i July 25, 1995 Mayor Korff added that she and Trustee DiRoberto had just come from the first official meeting of the Commission for the Elderly, which has been newly renamed the Senior Citizen Commission which took place in Port Chester. The members have asked that 1 relay the request as the Port Chester and Rye Brook Seniors have a long history together of friendships that date back beyond and before there were two Villages here and many Rye Brook Seniors come to Don Bosco Center and enjoy socializing with their Port Chester neighbors and we are just requesting that the same be returned to the Port Chester Seniors. My request really is to set up some type of program or time period during the week whereby Port Chester Seniors can meet and socialize with the Rye Brook Seniors at the Anthony J. Posillipo Community Center. If there are any questions, feel free to ask. Mayor Cresenzi stated that as we review this, if any questions come up, we will ask them at that time. Trustee Solomon stated that there are already many Port Chester Seniors that participate in using that building such as the programs that are held there by the Council of Community Services. i Mayor Korff stated that the Council of Community Services is really an organization and her I request was for Port Chester Seniors to be able to utilize and socialize as Rye Brook Seniors come to Don Bosco Center to play Bingo, sit and relax and enjoy each other's company. Mayor Cresenzi instructed Ms. DeMarco and Mr. Russo to review this request. DISCUSSION 7. MARCH OF DIMES 1995 WALKAMERICA AWARDS I Ms. DeMarco stated that in early April, we extended an invitation to the entire Community to walk for someone they love, to walk for the children of Rye Brook,joining the Rye Brook WalkAmerica 1995 team. The Rye Brook team was comprised of elected and appointed officials, staff, residents, friends and family members and our team raised over $6,300.00 in its efforts passing our $5,000 established goal by about 22%. At an awards ceremony held in June, the i Village of Rye Brook was the recipient of five separate awards including a silver level plaque for raising over $5,000 and although it was the Village's first time participating, we ranked among the top ten of all the teams that participated which is a major accomplishment and is proof of what we can do when we come together as a community. i Mayor Cresenzi who thanked Ms. DeMarco and stated that Trustee Zuckerman was really the spark plug of this operation, went to a tremendous amount of meetings, spent a lot of time and energy to move this project along in the Village. Trustee Zuckerman thanked Mayor Cresenzi but disagreed and stated that he is not the person responsible. Lori Ann DeMarco and Tom Hroncich were the ones who really worked hard to accomplish this goal and each one individual awards for monies raised. Rye Brook won the Town challenge and we actually finished 9th and our competitions were major banks, the national office of the March of Dimes and large major corporations in Westchester County. 10 f July 25, 1995 0 0 b 8 8() Trustee Zuckerman added that the Rye Brook Seniors also participated to a great extent and were a tremendous help and the merchants in Rye Brook participated as well as the residents. Besides raising money, everyone enjoyed the process and the walk and it was very good for all of us. On Motion made by Trustee Pellino, seconded by Trustee Tunis, a motion was made to hold a meeting on Monday, July 31, 1995 at 7:30 p.m. with the Port Chester Fire Chief's. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRE SENZI VOTING AYE Trustee Zuckerman questioned if the Board would be meeting with the Village of Port Chester on August 3, 1995. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, a motion was made to hold a meeting on Thursday, August 3, 1995 at 7:00 p.m. with the Village of Port Chester Board of Trustees at 10 Pearl Street. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Melissa Grossman of 251 North Ridge Street stated that she was concerned with the proposed NYNEX underground fiber optics vault. She stated that she and her husband were never notified that this was going on and over a year ago they were told that they would be notified. Our property is directly south of the proposed vault where they have been doing all kinds of work. Mr. Circosta stated that it requires a zoning variance as well as a site plan approval. Mayor Cresenzi stated that it is in front of the Planning Board now but it also requires a frontyard setback variance so written notification will be coming about a hearing in front of the Zoning Board of Appeals where that will be discussed and then another public hearing in front of this Board. Trustee Zuckerman suggested that Mr. &Mrs. Grossman attend the Planning Board meetings to be well informed of what is going on right from the beginning. Trustee Solomon stated that Ms. Grossman mentioned that NYNEX is already doing work and questioned how that was possible when they don't have the permission yet . Mayor Cresenzi explained that they have the right to do some work within the right of way. 11 July 25, 1995 0F Mr. Grossman stated that he has an issue with this because he was home when the digging occurred and as far as he knows, when a road is closed the residents are supposed to be informed and he heard that NYNEX did this work without permits. As a contractor in this Town, I know that if I had done any work without a permit, I would be made to tear it down until proper permits were issued. j Mr. Circosta stated that a year and a half ago, NYNEX was doing some major work in the area and put in various switching boxes, platforms for switching boxes on Betsy Brown as well as West Ridge all of which had permits. When they were shut down by the Building Department it was because we noticed that there was large structure dropped off and actually being placed on site and there was also a tractor trailer full of 4x12's on site. The road was closed and I do not know what type of notification has to be made to the residents, however I know notification was made to the Police, Fire and Emergency Services that a portion of the road was closed and there was access around the work. When we saw the vault a decision was made by the Building Department that it would be classified as a structure and therefore would need to meet the requirements of the Zoning Law with regard to setbacks and they haven't done anything since then. An application was made for a referral and that was denied a while back and two months ago, another application for referral was made and the application was referred on the Planning Board which met two weeks ago. The Planning Board had some concerns, the applicant is doing some further studies and they will return back to the Planning Board within the next few months. Mayor Cresenzi explained that NYNEX thought that since this was an underground structure, they didn't need any Village approvals so they secured an easement from the homeowner to place this in the front yard and we did not know where it was going until we saw the equipment delivered to the site and at that point we stopped the job, which was over a year and a half ago. Although it was below grade and you could not see it, we still considered it a structure so it would have to comply with our inspection and that it would need to go the Zoning Board of Appeals to obtain a front yard variance. Mr. Lash stated that two weeks ago he attended the Village Board meeting to find out what would happen with the,easement problem that he has been discussing and he has not heard anything from the Village since. Mr. Lash proceeded to pass out photographs to the Board members and show a video tape.Mr. Lash stated that he can provide a copy for the Village. Attorney Powell recommended that this issue be handled in a different manner and added that he does not see any reason why this presentation should take place in this forum as it is a legal matter which has been referred to the Village's Risk Manager who is taking it up with our insurance carrier who has made an offer which was not good enough for Mr. Lash. Mr. Lash stated that it is not the offer that is not good enough, the Village's insurance company is saying that I, as the homeowner am 50% responsible. Administrator Russo stated that this will take a while to get resolved and we don't have a time frame at this point. Once we hear back from our Risk Manager we will be in contact. 12 July 25, 1995 0058 44. Trustee Zuckerman stated that an article appeared in the newspaper recently regarding the mercury contamination on Hillandale Road and questioned whether the firm that we hired to do the testing has begun. Administrator Russo stated that they haven't done the field testing yet, however they have been retained and we have entered into agreement with them. The first course of action that we took was to contact our Congresswoman Nita Lowey and other involved agencies to see if there was some assistance for this. I received a call from Nita Lowey's office stating that they would like to see us hold off on having First Environment commence work as they may be able to get us better access to information that we were unable to get from the EPA that might cut down the costs of the proposal, which I don't really agree with so I did not stop First Environment and did send them the newspaper article. The Board agreed with Administrator Russo, ADJOURNMENT On Motion made by Tunis, seconded by Trustee Pellino, the Board adjourned at 8:45 p.m. into Executive Session to discuss a contractual matter. TRUSTEE PELUNO VOTING AYE TRUSTEE SOLOMON VOTING AYE- TRUSTEE YETRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRE,SENZI VOTING AYE- The YEThe Board returned to public session at 9:15 p.m. and on Motion made by Trustee Tunis, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION APPROVING AGREEMENT WITH ROBERT A. POSNER, P.E. TO PROVIDE ENGINEERING CONSULTATION SERVICES RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Robert A. Posner, P.E. for professional engineering services in relation to the Highway Garage in a sum not to exceed $4,000.00 plus reimbursable expenses; 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. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13 JULY 25, 1995 ADJOURNMENT The meeting was adjourned at 9:15 p.m.. Respectively submitted XChristopWM I Village Clerk I 14