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HomeMy WebLinkAbout1998-01-27 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 27, 1998 -- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. CONSIDERING LOCAL LAW INTRO. #2- 1998, AS AMENDED, REGARDING ENACTING BULK STANDARD ZONING CODE AMENDMENTS TO THE RYE BROOK VILLAGE CODE. RESOLUTIONS: 2. ADOPTING LOCAL LAW #1 - 1998 REGARDING THE NY STATE ALTERNATIVE VETERANS' EXEMPTION PROGRAM. 3. CONSIDERING THE DETAILED SITE PLAN, SUBDIVISION, RETAIL SPECIAL PERMIT AND WETLANDS PERMIT FOR THE HIGH POINT VILLAGE DEVELOPMENT. 4. APPOINTING THE 1998 VILLAGE ELECTION INSPECTORS. 5. SETTING GRIEVANCE DAY FOR FEBRUARY 17, 1998. 6. DECLARATION OF LEAD AGENCY AND REFERRAL TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION ON THE ARROW WOOD/PFIZER CONFERENCE CENTER SITE-PLAN AMENDMENT APPLICATION. 7. CHECK REGISTERS. REPORT: 8. CROSS WALK AT WESTCHESTER AVE. AND RIDGE STREET. NEXT MEETING DATES: AGENDA MEETING FEBRUARY 10, 1998 GRIEVANCE DAY FEBRUARY 17, 1998 REGULAR MEETING FEBRUARY 24, 1998 MINUTES OF A REGULAR MEETING N643-14 VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK JANUARY 27, 1998 7:30 p.m. CONVENE MEETING The Meeting was called to order at 7:35 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Planning Consultant Christian K. Miller, AICP Police Chief Robert J. Santoro Fire Chief Martin Drexelius Village Engineer Victor Caroli The Mayor opened the meeting with a brief announcement. He noted that there had been some recent newspaper articles regarding a number of burglaries in the Rye Hills area. He and the Board had requested the Police Chief and the Detectives to hold a public meeting in the Board room on February 5, 1998 at 7:30 p.m. to provide the residents with information and offer them some tips on how to prevent further burglaries, and what to look for and where to call, Trustee Tunis stated that the Board is aware of the problems and will be keeping an eye on the neighborhood, including during the meeting in order to allow the residents to attend the meeting without fearing for their homes. Trustee Tunis made an additional announcement that Larry Engle had just agreed to Chair the Rye Brook Airport Advisory Committee and that anyone interested in joining the Committee should contact Mr. Engle or Village Hall. PUBLIC HEARINGS: 1. CONSIDERING LOCAL LAW INTRO. #2- 1998. AS AMENDED, REGARDING ENACTING BULK STANDARD ZONING CODE AMENDMENTS TO THE RYE BROOK VILLAGE CODE. Proceeding on to the first item of business, the Mayor opened the Public Hearing and asked the Village's Planning Consultant Christian Miller to make his presentation on the proposed local law. Mr. Miller noted that the Board had been considering the changes to Bulk Standards in the Village's Zoning Code for quite some time. He noted his November 18, 1997 memo containing comments and changes, and -1- January 27, 1998 0066115 continued on that the Board was continuing their comments and changes, including when the law would go into effect and how it would apply to current applications for subdivision approval that were under consideration by the Board. He also noted a change to the suggested rear lot lines to define them by ten- foot long lines and offset from the rear lot lines. Trustee Strum suggested instead a line twenty feet long and Mr. Miller concurred. Mr. Miller also noted the Board's concerns regarding severely concaved front lot lines, and Trustee Zuckerman stated that he thought the language was very unclear, at least the way he read it, regarding how the lot line would distinguish the property in relation to the road. Mr. Miller noted that given the Village's roadway geometry standards, the language would apply any time a lot was on a corner. Mr. Zuckerman asked for a language clarification with regard to the clause which read, "In case of a lot abutting only one street and any lot line separating the lot from the street, and any angle of 45' or less..." Mr. Zuckerman asked if he meant a lot line separating a lot from any street or any line. Mr. Miller responded that it would apply in every situation in which this (lot line angle) might occur. Trustee Strum asked Mr. Miller if the intent was if a lot that has an angle of less than 45' from the street, the is that lot line deemed a front lot line? Trustee Zuckerman noted that could mean there are 2 separate (front) lot lines. There were also some concerns with regard to dead end streets, and Mr. Miller noted that, ultimately, we want to make sure that the Village's Zoning Code is consistent with its Subdivision regulations. Mr. Miller suggested for the sake of clarity that graphics be included in the code, i.e. Figure 2would be amended to include a 20-foot rear lot line as opposed to a 10-foot rear lot line. Trustee Zuckerman continued that the Board wants to make sure that the frontage of some or our smaller parcels is consistent, such as in R-5 and R-10 Zoning Districts, where there is a requirement for 35-foot frontage and 50-foot horizontal circle diameter. Discussion ensued on the making the requirements consistent in R-5, R-7 and R-2F Zones and Trustee Zuckerman noted the Board's desire to make it more difficult to shoe-horn houses in on cul-de-sacs and prevent over-dense development. Mr. Strum agreed, that the frontage should be consistent, and Christian Miller summed up the changes as the amending the frontage in Section 11 to 60 feet, the frontage in Section 12 to 50 feet, and the frontage in Section 13 to 50 feet. Trustee Pellino raised the issue of grandfathering applications currently in process in the interest of fairness. Trustee Zuckerman noted that State Law governs an applicant's vested rights in a project, and Mr. Miller stated that all applicants in process had already amended their applications to comply with the intent of the new law, at which Trustee Pellino noted that the issue was moot. There was no further discussion and on the motion of Trustee Zuckerman, seconded by Trustee Tunis, the Board unanimously agreed to close the public hearing. Trustee Strum asked whether the law would be on the next agenda for consideration, and Mayor Cresenzi noted that the Board had discussed having it on the agenda for the February 24, 1998 Meeting. RESOLUTIONS: 2. ADOPTING LOCAL LAW #1 - 1998 REGARDING THE NY STATE ALTERNATIVE VETERANS' EXEMPTION PROGRAM. Proceeding on with the agenda, Mr. Russo read the resolution approving Local Law#1 - 1998 to -2- January 27, 1998 006616 increase the maximum property tax exemptions for veterans living in the Village. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION ADOPTING LOCAL LAW # I - 1998 ALTERNATIVE VETERAN'S EXEMPTION RESOLVED, that Local Law No. I - 1998 increasing the Alternative Veteran's Tax Exemption under Section 458-a of the Real Property Tax Law, as amended by Chapter 417 of the Laws of 1997, is enacted into Law. Trustee Strum Abstain Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Trustee Pellino Voting Aye Mayor Cresenzi Voting Aye The following is a text of the Local Law the Board enacted into law under the Village Code: LOCAL LAW #1 - 1998 Amending Chapter 228, Article IV of the Code of the Village of Rye Brook to increase the Alternative Veterans' Tax Exemption under§458-a of the Real Property Tax Law as amended by Chapter 417 of the Laws of 1997 of New York State. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 1. Chapter 228, Article IV, Section 228-26 of the Code of the Village of Rye Brook is amended to read as follows: § 228-26. Exemption granted. The maximum exemptions shall be granted to qualified veterans of the Village of Rye Brook pursuant to the terms contained in § 458-a of the Real Property Tax Law,AS AMENDED BY CHAPTER 417 OF THE LAWS OF 1997 OF NEW YORK STATE. Section 2. This local law shall take effect upon filing in the Office of the Secretary of State. 1. CONSIDERING THE DETAILED SITE PLAN, SUBDIVISION. RETAIL SPECIAL PERMIT AND WETLANDS PERMIT FOR THE HIGH POINT VILLAGE DEVELOPMENT. -3- 1:)06617 January 27, 1998 The Mayor asked Christian Miller to summarize the 15-page resolution, and Mr. Miller read through the pertinent provisions of the resolution. He particularly noted the parkland dedication of 25.8 acres of property in compliance with the Village's subdivision regulations with regard to donation of recreation land, in addition to the 3 acres from the site donated to the Village from a prior owner of the property; the Board also wanted the building envelopes to be shown on the plat to ensure the developer's compliance with the plat. He also pointed out a further resolved with regard to SEQRA and to the expiration of the Board's approval. The Mayor pointed out Item 28 on page 14 regarding the resurfacing of Lincoln Avenue. Mayor Cresenzi pointed out that the Developer had noted its plans to use Lincoln Avenue as access to the site for construction vehicles. The Mayor noted that the portion of Lincoln Avenue in question"is not much better than a driveway with regard to construction standards, and that any repairs should just restore it to its current condition. He stated that the road should be maintained in a clean condition, and the developer should be required only to repair any damage to the roadway caused by construction vehicles. His second item was Item 15 on page 12, regarding the issuance of Certificates of Occupancy on the affordable units in the development. The clause detailed that the C of O's would be reviewed by the Board until the affordable units were developed; Trustee Strum felt that delaying approval of the other units would provide the developer with more of an incentive to build the affordable units. After some discussion, it was determined that the developer would return within 6 months to provide the board with information for them to approve. Trustee Strum stated that he wanted a good faith effort to develop the plan. Anthony Veneziano stated that the developer would submit standards for the 12 affordable units within six months and the board could include language in the resolution tonight that would require them to return and diligently pursue the approvals for the certificates of occupancy. Mr. Zuckerman restated that the land dedication for the compost site was the result of an agreement with a previous developer. Trustee Strum continued on to the issue that the developer might deviate from the approved plan in order to address field conditions. He wanted to make sure that the footprints shown on the plat of the development would accurately depict what would be built; his point was that if there was a 10 percent increase in the square footage of the footprint of the lot, it could happen in each lot, which would mean that there would be a substantial increase in the total square footage developed on the lot—the Board wanted to make sure that the developer did not exceed the square footage area he was authorized to build. Trustee Zuckerman asked whether the detailed site plan shows the footprint as they would appear on the site and whether that is a deed restriction on the homes. The Village Attorney suggested the board include language that would prevent the building footprints from being expanded. Mitchell Hochberg, President of Spectrum/Skanska stated that the Board was approving the plan with the building envelopes, but that there were 15 different types of homes that would be built in the development, and that the homes might be shifted within the site according to field conditions. Trustee Strum suggested a maximum increase per lot, and a maximum increase for the whole development. Mr. Hochberg stated he would be less concerned with a per lot restriction than he would with a restriction on the development as a whole, and asked for a 5%leeway on the total square footage of the subdivision as a whole. He suggested that the Board include language that stated it would be substantially similar to the plan as approved rather than including percentages and it was the consensus of the Board. -4- January 27, 1998 0064618 Trustee Pellino noted that the key was the envelope, and that the developer would have to come back in 180 days and propose standards for any expansions or increases in the size of the homes. He also noted that the order of Items 15 and 16 should be reversed to keep the relevant items in order. Trustee Tunis gave a reminder that the process had taken months and included the input of many Village Boards, the FAA, the school districts and the Town of Greenwich. The Mayor called for the roll and some brief commentary was made by the Board during their vote. Trustee Strum noted it was a monumental project for the Village, and while the board was relaxing some restrictions, the project was being built in promotion of the concept of New Urbanism and that overall the development would be a positive thing for Rye Brook, Mayor Cresenzi commented on the benefits for the Village including the property tax benefits for the Village, the reduction of the traffic impact from the development by the removal of the office space, the donation of recreation land and the inclusion of the affordable units for Rye Brook employees. Trustee Zuckerman suggested the developer meet with the schools and hold a street-naming contest. Mr. Hochberg thanked the Board for their suggestions, promised to try to name the streets with names holding some historic significance, and thanked the Board for their input during their review over the past year and a half. Mayor Cresenzi also asked for assistance from Mr. Hochberg in the Village's endeavors to create a recreation facility. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted as amended: RESOLUTION HIGH POINT VILLAGE SUBDIVISION APPROVAL, DETAILED SITE PLAN APPROVAL, RETAIL USE SPECIAL PERMIT AND WETLANDS PERMIT APPROVAL WHEREAS, on October 15, 1996, G&B Limited Liability Company, doing business as the High Point Village Company, submitted an application to the Village of Rye Brook requesting that approximately 137 acres of property on King Street, known and shown on the Village tax assessment maps as Section 1, Block 3, Lots lAl-1, IA2 and 1132, be rezoned from a Campus/Office Building district (OB-1) to a Planned Unit Development (PUD) district; and WHEREAS,the plan includes a mix of uses including a 168 unit senior living facility, 46 senior duplex units, 12 middle income affordable townhouse units, 203 detached single family homes(including 30 Village homes in the Village Green), and 3,500 square feet of retail/office space and associated accessory uses; and WHEREAS,the applicant is using the development concept of"New Urbanism" which includes a Village Green as a community focal point around which residential and accessory community uses are clustered, and a"community house" to serve meeting and recreational needs, and other spaces designed to provide a common area for social interaction, including a gymnasium and a swimming pool; and WHEREAS, the PUD process consists of two (2) sequential review and approval phases: Phase 1 includes PUD Concept Plan and Rezoning, and Phase II includes Subdivision and Detailed Site Plan Review; and -5- 006619 January 27, 1998 WHEREAS, the Board of Trustees, acting as SEQR lead agency, required the submission of a draft and final environmental impact statement for the project, and thereafter on September 23, 1997 adopted a findings statement under Article 8 of the Environmental Conservation Law and implementing regulations, thus completing the required process of environmental review for the action; and WHEREAS, the environmental review encompassed all of the necessary approvals for the proposed project, including but not limited to: Zone Text Amendments, Zone Map Amendment, PUD Concept Plan Approval, Retail Special Permit Approval, Subdivision Approval, Detailed Site Plan Approval, Wetlands Permit Approval and Tree Permit Approval; and WHEREAS, following completion of the environmental review process for the action, the Village Board, on September 23, 1997, took the following actions: 2. Enacted Local Law No. 6-1997 entitled, "A Local Law to Amend Section 250-7(E) of the Code of the Village of Rye Brook in relation to Planned Unit Development Districts, to add senior living facilities as a permitted use and to revise buffer area and parking requirements;" 3. Enacted Local Law No. 7-1997 entitled, "A Local Law to amend the Village's zoning map to re-zone approximately 137 acres of property included in the High Point Village Concept Plan from OB-1 Campus/Office Building District to the Planned Unit Development District, in accordance with the PUD Concept Plan;" and 4. Approved the High Point Village PUD Concept Plan; and WHEREAS, thereafter on September 30, 1997, the applicant submitted its application for Subdivision and Detailed Site Plan approval pursuant to Section 250-7(E)(4)(b) of the Rye Brook Zoning Code; and WHEREAS, the applicant also requests Village Board approval of the necessary special permits for the retail uses to be located at the Village Green pursuant to Section 250-7(E)(2)(d)[3][b], approval of the wetlands permits required by Chapter 245 of the Rye Brook Code, and certain waivers of the subdivision roadway standards; and WHEREAS,the Detailed Site Plan consists of the following drawings prepared by Dolph Rotfeld Engineering, P.C., 200 White Plains Road, Tarrytown, New York, 10591: Cover Sheet, High Point Village, Village of Rye Brook, Westchester County, New York, stamped received by the Village Administration on January 9, 1998; 100 Scale Layout Plan, dated December 10, 1997 (la of 33); Existing Conditions/Removals dated January 7, 1998 (1 of 33); Site Layout Plan, Preliminary Plat, Ll, dated April 23, 1997, last revised January 7, 1998 (2 of 33); -6- January 27, 1998 006620 Site Layout Plan, Preliminary Plat, L2, dated April 23, 1997, last revised January 7, 1998 (3 of 33); Site Layout Plan, Preliminary Plat, L3, dated April 23, 1997, last revised January 7, 1998 (4 of 33); Site Layout Plan, Preliminary Plat, L4, dated April 23, 1997, last revised January 7, 1998 (5 of 33); Grading Plan, Gl, dated April 23, 1997, last revised January 7, 1998 (6 of 33); Grading Plan, G2, dated April 23, 1997, last revised January 7, 1998 (7 of 33); Grading Plan, G3, dated April 23, 1997, last revised January 7, 1998 (8 of 33); Grading Plan, G4, dated April 23, 1997, last revised January 7, 1998 (9 of 33); Utility Plan, Ul, dated April 23, 1997, last revised January 7, 1998 (10 of 33); Utility Plan, U2, dated April 23, 1997, last revised January 7, 1998 (11 of 33); Utility Plan, U3, dated April 23, 1997, last revised January 7, 1998 (12 of 33); Utility Plan, U4, dated April 23, 1997, last revised January 7, 1998 (13 of 33); Sediment and Erosion Control, dated January 1, 1997, last revised January 7, 1998 (14 of 33); Road Profile, dated January 29, 1997, last revised January 7, 1998 (15 of 33); Road Profile, dated January 29, 1997, last revised January 7, 1998 (16 of 33); Road Profile, dated January 29, 1997, last revised January 7, 1998 (17 of 33); Storm Sewer Profiles, dated April 23, 1997, last revised January 7, 1998 (18 of 33); Storm Sewer Profiles, dated April 23, 1997, last revised January 7, 1998 (19 of 33); Storm Sewer Profiles, dated April 23, 1997, last revised January 7, 1998 (20 of 33); Storm Sewer Profiles, dated April 23, 1997, last revised January 7, 1998 (21 of 33); Storm Sewer Profiles, dated April 23, 1997, last revised January 7, 1998 (22 of 33); Sanitary Sewer Profiles, dated September 17, 1997, last revised January 7, 1998 (23 of 33); Sanitary Sewer Profiles, dated September 17, 1997, last revised January 7, 1998 (24 of 33); -7- January 27, 1998 006621 Sanitary Sewer Profiles, dated September 17, 1997, last revised January 7, 1998 (25 of 33); Sanitary Sewer Profiles, dated September 17, 1997, last revised January 7, 1998 (26 of 33); Sanitary Sewer Profiles, dated September 17, 1997, last revised January 7, 1998 (27 of 33); Sewage Pump Station, dated November 25, 1997, last revised January 7, 1998 (28 of 33); Section, dated January 7, 1998 (29 of 33); Details, dated January 29, 1997, last revised January 7, 1998 (30 of 33) Details, dated January 29, 1997, last revised January 7, 1998 (31 of 33) Details, dated January 1, 1997, last revised January 7, 1998 (32 of 33) Details, dated January 1, 1997, last revised January 7, 1998 (32A of 33) Details, dated January 29, 1997, last revised January 7, 1998 (33 of 33) WHEREAS, the Landscape Plan(which shall be considered part of the Detailed Site Plan) consists of the following plans: Overall Landscape Plan, High Point Village, Village of Rye Brook, Westchester County, New York prepared by OPUS Landscape LLC, 13230 Summit Square Center, Route 413 and Doublewood Road, Langhorne, PA, 19047, and 200 Route 9 North, P.O. Box 800, Manalapan, New Jersey, 07726, dated April 23, 1997 last revised December 10, 1997 (four sheets); and Typical Planting Plans, undated, by same preparer and with same dates as set forth above (one sheet); and Untitled sheet containing landscape details and planting notes dated April 23, 1997 last revised December 10, 1997 (one sheet); and WHEREAS, the subdivision plat application consists of the following plans; Final Subdivision Map of High Point Village prepared for the G&B Limited Liability Company in the Village of Rye Brook, Town of Rye, Westchester County, dated January 23, 1998, prepared by Ward Carpenter Engineers Inc., 78 Mamaroneck Avenue, White Plains, New York, 10601 (four sheets); WHEREAS, the Wetlands permit application consists of the following: Plan entitled, "Site Plan Showing Wetland and Buffer Disturbance, High Point Village, Village of Rye Brook, Westchester County, New York" prepared by Tim Miller Associates, Inc., Planning, Environmental and Development Advisory Services, 15 Main Street, Cold Spring, New York, 10516, undated, stamped received by the Village Administration on January 9, 1998 (one sheet); -8- January 27, 1998 00662,2' Overall Landscape Plans described above (to the extent that these plans contain information related to wetland mitigation) and Wetland Analysis dated January 23, 1998 and prepared by Tim Miller Associates, Inc.; and WHEREAS, the Applicant submitted additional information as follows: (1) Summary and Final Calculations, Stormwater Management Report dated December 1997, prepared by Dolph Rotfeld Engineering, providing the design for the handling of stormwater and mitigation of associated impacts consistent with the Draft and Final Environmental Impact Statements; and (2) Sediment and Erosion Control Plan dated January 23, 1998, prepared by Spectrum Skanska, USA, providing for the mitigation of anticipated impacts associated with construction disturbance, erosion and sedimentation; and WHEREAS, the Village Board referred the Detailed Site Plan, Subdivision Wetlands and other related applications to the Planning Board, which on December 11, 1997, recommended approval thereof, and WHEREAS, on January 13, 1998, the Board of Trustees conducted a public hearing on the Detailed Site Plan, Subdivision, Wetlands Permit and Retail Special Permit upon due notice and all persons wishing to be heard were afforded an opportunity to be heard; and WHEREAS, the Village Board has carefully reviewed the plans and finds that they are in accordance with the approved PUD Concept Plan and with the environmental findings statement adopted by the Village Board on September 23, 1997; and WHEREAS,the Village Board finds that the 3,500 square feet of retail/office space and associated accessory uses is designated primarily to serve the needs of the residents and employees in the PUD development, and complies with the special permit standards; and WHEREAS,the Village Board finds that the losses and impacts upon wetlands or wetland/watercourse buffer are necessary and unavoidable, have been mitigated to the maximum extent practicable; and WHEREAS, the applicant has prepared a mitigation plan and analysis conforming with the permit issuance standards identified in Chapter 245 of the Rye Brook Code; and WHEREAS, the applicant has provided additional assurances, in the form of a letter dated January 26, 1998 from Carl Steinhauer, P.E. to Mayor Salvatore Cresenzi and the Village Board, that the site plan, as revised, complies with FAA guidelines regarding the runway protection zone (RPZ) established for the Westchester County Airport and will comply with the RPZ guidelines after development; and WHEREAS, based upon its review of the above-referenced Steinhauer letter, the Village Board recommends that the applicant revise the site plans to preserve the obstruction tower on this site in order to maintain the existing RPZ and avoid any potential modification of the RPZ with attendant impacts on -9- 006623 January 27, 1998 residential lots. Any architectural elements which may be added to this existing tower shall be submitted to the Village Board for its review and approval; and WHEREAS, since the adoption of SEQR findings, modifications have been made to the stormwater management plan, and attenuation of post-development peak run off at 76% of the existing rate for the 2, 10, 50 and 100-year storm event has been achieved; and WHEREAS, the Village Board, in approving the plans has determined, consistent with the review by the Village's public and emergency service providers, to adjust certain road standards because of the insubstantial nature of the deviation, the topography involved or on account of the special design features, which adjustments are as follows: 2. Main Drive: (Collector Street). a. Slope of section of road between approximate stations 7 + 50 and 9 + 50 is 10 percent. Village design criteria 8 percent. b. Vertical curves from (approximate) station 7 + 50 to 20 + 00 provide for K values of 15 and 20 respectively for sag and crest vertical curves. Village design criteria is K =25 for sag curves and 30 for crest curves. C. The centerline radii of the main drive from station 8 + 50 to 10 + 50 and from station 12 + 10 to station 14 + 00 are 346 feet and 296 feet respectively. Village design criteria for minimum centerline radii is 350 feet. 3. Road 1, 3, 4, 5, 6 and Loop Road: (Minor Streets). Minimum traveled way width provided is 24 feet for each of these roads. Village design criteria for minimum traveled way is 28 feet. 4. Road 3: A portion of road between (approximate) station 10 + 00 and station 12 + 00 provides for no tangent between reverse curves. Village design criteria is a minimum of 100 feet for a tangent between reverse curves. 5. Road 5A: (Minor Street). a. Proposed road is 20 feet in width. Village design criteria for minimum traveled way is 28 feet. b. Portions of road end provide for no tangent between reverse curves. Village design criteria is a minimum of 100 feet for a tangent between reverse curves. C. Centerline radii at road ends provide for 40 and 50 feet. Village design criteria for minimum centerline radii of horizontal curves is 200 feet. -10- 006624 January 27, 1998 6. Intersections: Village design criteria requires a vertical alignment with a grade of 1 '/Z percent for 60 feet at each intersection. a. Main Drive/King Street: Provides for 2% for 60+feet. b. Road 5/Loop Road: Provides for 1 '/z% for 48 feet. C. Road 5/Road 5A: Provides for 2% for 10 feet. 7. Street Trees: Village design criteria required 5" caliper trees, 5 feet high, planted 40 feet on center. The applicant will provide 3" caliper trees at 5 feet above ground height, every 40 - 60 feet. WHEREAS, no roadway modification will result in a cul-de-sac roadway dimension which cannot accommodate the vehicle turning movements of emergency vehicles or school buses. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Quality Review Act and the regulations promulgated thereunder, the Village Board hereby determines that the proposed project is consistent with the environmental findings statement adopted on September 23, 1997, as supplemented by the additional environmental submissions described above; and be it FURTHER RESOLVED,that the High Point Village Detailed Site Plan, Subdivision Plat, Special Permit, and Wetlands Permit Application, as defined in the recitals, are granted and approved, and the Mayor is authorized to sign the plans, and permits may be issued, subject to the following conditions and modifications: CONDITIONS TO BE COMPLETED BEFORE SITE PLAN OR PLAT IS SIGNED 1. Prior to the signing of the site plan and subdivision plat, the site plan, subdivision plat and wetlands mitigation plan shall be revised, as follows: a. The site plan, plat and wetlands mitigation plan shall be revised in accordance with the comments set forth in the memorandum dated January 20, 1998 of Dennis Rocks, P.E., Leonard Jackson Associates, and in accordance with the memorandum dated January 20, 1998, of Christian Miller, AICP of Frederick P. Clark Associates, to the satisfaction of the Village Consulting Engineer or Planner, as the case may be. b. The subdivision plat shall be revised to include a note that"A portion of the land embraced in this subdivision is located within the 70-75 Ldn noise contour of the Westchester County Airport. Federal land use compatibility guidelines state that residential land use and related structures inside the 70-75 Ldn are not compatible and should be prohibited. This and other related information shall also be included in the developer's offering plan." C. The subdivision plat shall be revised to identify the 3 acres of current Village land holdings. -11- January 27, 1998 006625 d. The subdivision plat and the site plan shall be revised to include a note that no building shall be constructed in the runway protection zone as such zone is currently delineated by the Federal Aviation Administration. e. The subdivision plat shall identify the drainage, sewage, sight and slope easements to be reserved in favor of the owner of the roads. 2. Prior to the signing of the subdivision plat, the plat shall be signed by the Westchester County Department of Health. 3. Prior to the signing of the site plan and the subdivision plat, a 100% performance bond in the sum determined by the Village Consulting Engineer shall be furnished to and accepted by the Village, to guarantee the satisfactory and complete installation and construction of all infrastructure, including but not limited to sewage, water, drainage, roads, sediment and erosion control measures, and traffic improvements. In the event any such infrastructure is dedicated to and accepted by the Village, a one year maintenance bond shall be furnished to the Village, in the sum determined by the Village Engineer. 4. Prior to the signing of the site plan and the subdivision plat, all outstanding professional fees, environmental charges and other Village fees shall be paid to the Village, satisfactory to the Village Administrator. 5. Prior to the signing of the site plan and subdivision plat, proof shall be submitted showing that all approvals have been obtained from all other public agencies having jurisdiction, except as otherwise specifically provided herein, satisfactory to the Village Engineer. These approvals and/or filings include, but are not limited to: a. NYSDEC approval of a wetlands permit, dam permit and stormwater general permit for the storm water detention facilities requiring same; b. U.S. Army Corps of Engineers wetlands permit for federally regulated wetlands disturbance, if applicable; and C. Part 77 filing with the FAA for applicable on-site construction. 6. Prior to the signing of the site plan and subdivision plat, the applicant shall submit a written hydraulic analysis from its engineer satisfactory to the Village's Engineer, after receipt of which the Village Engineer may require modifications or additions to the proposed water booster station to be installed by the applicant. 7. Prior to the signing of the site plan and the subdivision plat, the applicant shall provide a written assurance to the Village stating that the owner of the senior living facility will pay directly to the Village a share of the total annual costs for maintaining the sewage pump station. In addition to the annual costs of maintenance, the senior living facility is required to pay a share of the costs for all work, labor, material and other operating charges, including electrical charges required in the opinion of the Village to maintain the facility -12- January 27, 1998 according to proper operating parameters. The share of costs will be based upon the proportional usage of the pump station based upon the flow processed by the senior living facility as related to the total flow processed. The required maintenance shall be determined by the Village of Rye Brook. CONDITIONS TO BE COMPLETED BEFORE BUILDING PERMITS ARE ISSUED OR ANY CONSTRUCTION IS COMMENCED 8. Prior to the issuance of any building permits or the commencement of any construction, the applicant shall pay into a Village escrow account, a sum determined by the Village Board upon recommendation of the Village Administrator, to retain consultants and other personnel needed to evaluate the appropriateness, quality, and progress of the detailed site plan, such that the cost thereof shall not be borne by the Village. The escrow account will be replenished from time to time by the applicant on the request of the Village. 9. Prior to the issuance of any building permits or the commencement of any construction, the applicant's engineer shall present for the Village Engineer's review and approval specific noise attenuation measures including, but not limited to, those measures identified in the Final Environmental Impact Statement that achieve an indoor noise environment of 45 Ldn, which shall then be implemented in all noise-impacted residential units. 10. Prior to the issuance of any building permits or the commencement of any construction, the applicant shall submit for the Village Engineer's review and approval a maintenance plan for the stormwater treatment facilities and sewage pump station, which shall be implemented by the party responsible for the maintenance thereof to the satisfaction of the Village Engineer. 11. Prior to the issuance of any building permits or the commencement of any construction, pursuant to Section 219-21(b)(9) of the Rye Brook Subdivision Regulations, the applicant shall submit a written agreement, in a form satisfactory to the Village Attorney, permitting entry by the Village onto any streets, easements, and park areas for the purposes of inspecting and installing any required improvements in the event of the failure of the applicant to make such installations or to properly maintain such installations until such time as the Village assumes the responsibility for them. CONDITIONS TO BE COMPLETED BEFORE ANY CERTIFICATE OF OCCUPANCY IS ISSUED 12. Prior to the issuance of any certificate of occupancy, the applicant shall execute a covenant running with the land as to the use, preservation and maintenance of common open space, bodies of water, stormwater detention basins, trees, private roads and buildings. Before the issuance of any certificates of occupancy, the covenant shall be reviewed and approved by the Village Attorney and shall include, but not be limited to, the following: a. An association and its maintenance responsibilities shall be established before any building or lot is sold or transferred. -13- _ J January 27, 1998 006627 b. The open space restrictions shall be permanent. C. The Village, if necessary, shall have the authority to perform any maintenance work which may not have been done or improperly done by the association and to levy the cost for such work against the association or owner. d. After approval by the Village, the covenant shall be recorded by the applicant and proof thereof furnished to the Village. 13. Prior to the issuance of any certificate of occupancy, the applicant shall provide the Village with an easement for the use and access of Village personnel to the walking trail in the western portion of the residentially developed area for utility maintenance and for public safety purposes. This easement shall not limit the intended primary maintenance responsibility of the homeowner's association for maintaining the stormwater detention facilities. 14. Prior to the issuance of any certificate of occupancy, easements for access to all utilities and/or equipment and/or areas intended to be maintained by the Village, or which the Village will have the right to maintain, shall be provided to the Village related to the areas for which the certificate of occupancy is requested. All easements shall be in a form approved by the Village Attorney and recorded with the proper Westchester County municipal office. 15. Prior to the issuance of any certificate of occupancy, the applicant shall present verification to the Village Engineer showing that the necessary approvals have been obtained from the New York State Department of Transportation. OTHER CONDITIONS 16. The applicant shall return to the Village Board within six (6) months of the date of this approval and diligently pursue with the Village Board their review and approval of the construction of the 12 affordable middle income units located within the Village Green. At the time of such review and approval, the Village Board may establish criteria for ownership or rental and maintenance of the affordable status of the units. 17. All construction shall be carried out in accordance with the approved plans, the approved construction phasing narrative plan dated January 23, 1998, and the Westchester County Best Management Practices Manual for Construction Related Disturbances. In the event of conflict between requirements, the more stringent requirement will apply 18. All building construction shall be subject to review and approval of the Rye Brook Board of Architectural Review to the extent provided by Chapter 8 of the Code of the Village of Rye Brook. Signs shall conform to the provisions of§250-35 of the Village of Rye Brook Zoning Code. 19. The gymnasium within the proposed community building shall be made available to the -14- January 27, 1998 006628 Rye Brook Recreation Department for organized league play a minimum of two (2) nights - per week for three(3) hours each night. 20. The applicant shall submit five (5) copies of the final plat showing the endorsement of the County Clerk, to the Building Inspector within thirty(30) days after the filing of the plat. 21. The applicant shall furnish a copy of this final subdivision resolution to each purchaser of a lot in the subdivision prior to the transfer of title by including a copy of such resolution in its offering plan and shall present verification to the Village Attorney. 22. Work conducted under the wetlands disturbance permit shall be open to inspection at any time, including weekends and holidays, by the Board of Trustees, the Advisory Council on Environmental Conservation, Village Engineer, or their designated representative. 23. The wetlands disturbance permit shall expire on January 27, 2003, unless extended by the Board of Trustees. 24. The wetland permit holder shall notify the Building Inspector of the date on which the work is to begin at least five (5) days in advance of such date. 25. The wetlands disturbance permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. 26. Following completion of construction, an"as built" plan shall be provided to the Village satisfactory to the Village Engineer. The Village Engineer may require"as built' plans be furnished upon completion of segments of the overall development. 27. The owner and operator of the senior living facility shall maintain compliance at all times with all applicable laws, rules and regulations including, but not limited to, the Federal Fair Housing Act (42 USC 3607 et sea) as the same may be amended from time to time. 28. The applicant shall require construction vehicles to primarily utilize the construction road to be located off Lincoln Avenue, and shall also encourage construction related vehicles involved in the project to minimize use of King Street to the extent practicable. The applicant shall be responsible for maintaining all adjacent roadways in a clean condition and repairing any roadway damage caused by construction vehicles to the satisfaction of the Village Engineer. 29. The applicant shall comply with the plan submitted to the Village for removal of contaminated material from the driveway refuse area, including the elements of the plan set forth in the FEIS at B-8 through B-9. 30. Upon 30 days notice in writing from the Village, the applicant will convey to the Village the approximately 25.8 acres of additional land intended to be dedicated as shown on the site plan or subdivision plat. Of this land, at least 11 acres shall be dedicated for Village recreational use as provided in Section 250-7 (E) of the Rye Brook Zoning Law. It is recognized that an additional 3 acres which are already owned by the Village are credited -15- January 27, 1998 X0»629 toward this recreation land dedication under a Court-ordered stipulation between the Village and a previous owner of the property. The Village may require certain of these dedicated lands to be conveyed for general municipal purposes. The dedication of this land area hereby satisfies the parkland dedication requirements of the Village's Zoning Code and Subdivision Regulations. No recreation fee shall be required to be paid by the applicant. 31. The location of the guiderails along roadways shall be subject to the approval of the Village's Engineer. 32. At the time the applicant dedicates the roads to the Village, and the Village accepts them, the applicant will also dedicate drainage, sewage, sight and slope easements associated with the roads. AND IT IS FURTHER RESOLVED, as provided by Section 250-7(E) (4) (b) [5] [b] of the Rye Brook Zoning Law, the approved Detailed Site Plan shall be recorded as a deed restriction applying to the area of the PUD District in its entirety. This provision is intended to locate and site buildings on the overall site plan. However, with respect to residential structures to be located within individual residential lots, the applicant shall have the right to locate the residential unit anywhere within the building envelope (shown as dashed lines on the Subdivision Plat) as established for each lot, in order to address site conditions during construction. The size and configuration of all buildings shall be substantially similar to those shown on the site drawings. In addition, before the issuance of any certificate of occupancy the applicant shall prepare for the Village Board's review and approval a set of development standards which govern additions, expansions and other modifications to residential buildings within the approved PUD District; and it is FURTHER RESOLVED,that the draft and final environmental impact statements and findings statement are deemed descriptive of and part of the applications for detailed site plan, subdivision approval and wetlands permit and are hereby incorporated herein and promises and commitments made by the applicant therein, and required mitigations, are deemed to be conditions of this site plan approval, subdivision approval, wetlands permit, except as provided herein; and it is FURTHER RESOLVED, as provided in Section 250-7 (E)(4)(b)[5][c] of the Rye Brook Zoning Law that if in the opinion of the Village Board the applicant fails to begin a substantial portion of the PUD within eighteen (18) months from the date of detailed site plan and subdivision approval, or fails to diligently pursue construction of the PUD thereafter, subject to market conditions, approval of the PUD District shall be deemed null and void, and the property shall revert to its prior zoning unless the time period is extended by the Village Board for a period not to exceed six (6) months. Notwithstanding the foregoing, this approval and applicant's rights therein shall be subject to and governed by New York State Law associated with vesting of zoning approvals. For purposes of this paragraph, the term"begin a substantial portion of the PUD" shall be satisfied by applicant's completion of five percent (5%) of the total estimated project cost; and it is FURTHER RESOLVED, that this conditional final plat approval shall expire within 180 days after the date of adoption of this resolution unless all requirements stated in this resolution to be -16- January 27, 1998 006630 completed prior to the signing of the plat are certified as completed, unless this approval is extended on application to the Board of Trustees. Trustee Strum Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Trustee Pellino Voting Aye Mayor Cresenzi Voting Aye 4. APPOINTING THE 1998 VILLAGE ELECTION INSPECTORS. Mr. Russo read the resolution and Trustee Strum inquired as to whether all the people had agreed to serve. Mr. Russo answered, "Yes." On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK- MARCH 17, 1998 RESOLVED, that pursuant to Section 15 - 116 of the Election Law, there shall be two (2) Inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 17, 1998 from 7 a.m. until 9 p.m.; and be it FURTHER RESOLVED,that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: Dist. Name Address Voting Site Home phone: # 20 Connie Pennucci, Chair 525 Ellendale Avenue PCMS 939-4223 #20 Vinnie Marcucilli 180 Fairview Avenue PCMS 939-6853 # 21 Betty Greto, Chair 3 West Street PCMS 939-5491 # 21 Beth Bandy 11 Lincoln Avenue PCMS 939-5334 # 22 Sonia Briganti, Chair 54 North Ridge Street BBHS 935-9952 # 22 Marie Capoci 201/2 Lincoln Ave. BBHS 939-5876 # 23 Walter H. Niles, Chair 101 Country Ridge Dr. RSS 937-3623 # 23 Rose Niles 101 Country Ridge Drive RSS 937-3623 # 26 Josephine Aulenti, Chair 127 North Ridge Street PCHS 939-1191 # 26 Mildred DiSanto 151 North Ridge Street PCHS 937-5876 # 27 Maria Varbaro, Chair 10 Paddock Road RSS 937-4626 # 27 Maryann Shea 66 Woodland Avenue RSS 937-3587 # 29 Patricia Pagli, Chair 395 Westchester Avenue RSS 939-1031 # 29 Marie Godano 16 Jennifer Lane RSS 937-5010 # 30 J.S. Kim, Chair 33 Country Ridge Drive BBHS 937-6169 # 30 Angelo DiGiorgio 6 Sylvan Road BBHS 934-0858 -17- January 27, 1998 006631 # 31 Eugene Reich, Chair 11 Winthrop Drive RSS 937-4298 # 31 Judy Uhry 19 Rock Ridge Drive RSS 937-1295 ALTERNATES Sara Romero 323 Midland Avenue 935-8877 Lucille Porto 15 Churchill Road 937-0140 Nick Incorvaia 249 Betsy Brown Road 939-7657 George Poulos 125 Country Ridge Drive 939-7229 Trustee Strum Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Trustee Pellino Voting Aye Mayor Cresenzi Voting Aye 5. SETTING GRIEVANCE DAY FOR FEBRUARY 17, 1998. Mr. Russo read the resolution, and the Mayor asked the Village Attorney how the Board could handle not having a quorum for the meeting since the potential had arisen.that there would not be a quorum for that night, and the Village Attorney agreed to research the issue. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING GRIEVANCE DAY FEBRUARY 17, 1998 WHEREAS, the tentative assessment roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester, on February 1, 1998; and WHEREAS, said assessment roll may be seen and examined by any interested person until the third Tuesday in February (February 17, 1998) at the Assessor's Office, 10 Pearl Street, Port Chester, New York, 10573; and WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook, an application for review no later than the third Tuesday in February, 1998. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Assessment Review will meet on said third Tuesday, February 17, 1998, at the Village Hall, 938 King Street, Rye Brook, New York, 10573, between the hours of 6 p.m. and 10 p.m. to consider those applications that have been filed on or before that date. -18- January 27, 1998 0 U G 6 3 2 Trustee Strum Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Trustee Pellino Voting Aye Mayor Cresenzi Voting Aye 6. DECLARATION OF LEAD AGENCY AND REFERRAL TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION ON THE ARROWWOOD /PFIZER CONFERENCE CENTER SITE-PLAN AMENDMENT APPLICATION. Trustee Strum noted that the application included an Environmental Assessment Form, and asked whether the adoption of the Resolution would be considered approval of the EAR Mr. Miller responded that it would not and that the environmental review would be more fully detailed at a later date. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD AND NOTICE OF THE BOARD OF TRUSTEES' INTENT TO ACT AS LEAD AGENCY ON THE SITE PLAN APPLICATION BY THE DORAL CONFERENCE CENTER ASSOCIATES FOR THE DORAL ARROWWOOD/PFIZER CONFERENCE CENTER (SEC. 1, BL. 3, LOTS 5A, 5B & 8) RESOLVED,that the Site Plan Application by Doral Conference Center Associates for the expansion of the Doral/Arrowwood Conference Center located on Anderson Hill Road in Rye Brook, New York, Section 1, Block 3, Lots 5A, 5B and 8, is hereby referred to the Planning Board for their review and recommendation; and it is FURTHER RESOLVED,that the proposed action is considered a Type I Action that must undergo a coordinated review pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the New York State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law; and it is FURTHER RESOLVED, that the Village Clerk shall circulate to all involved and interested agencies a notice stating the intent of the Village Board of Trustees to act as Lead Agency with respect to this matter; and it is FURTHER RESOLVED, that the applicant shall pay the sum of$10,000 into the Professional Services/Environmental Fee Fund and such additional sums as may be required. Trustee Strum Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Trustee Pellino Voting Aye Mayor Cresenzi Voting Aye -19- January 27, 1998 006633 ADDENDUM: RED ROOF FARM-- SEORA DETERMINATION. Proceeding onward, the Board discussed the issue of the SEQRA determination on the Red Roof Farm proposal, which was not on the agenda. Mr. Christian Miller went through the procedures for adopting a determination and detailed the board's options of either making a Conditioned Negative Declaration or a Positive Declaration under the State Environmental Quality Review Act. He explained the criteria for each, and recommended that the Board make a determination, sooner rather than later on the proposal. The Mayor asked Mr. Miller to put something together for the Board to review at the next meeting. 7. CHECK REGISTERS. On the motion of Trustee Pellino, seconded by Trustee Strum, 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 and Budget Officer for payment: On-Line Checks 17851 - 17937 Payroll 24878 - 24969 Pre Paid 17733 Environmental 127 & 128 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees after audit hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Strum Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Trustee Pellino Voting Aye Mayor Cresenzi Voting Aye REPORT: 8. CROSS WALK AT WESTCHESTER AVE. AND RIDGE STREET. The Mayor asked Mr. Russo to make a report on the cross walk at Westchester Avenue and Ridge Street. Mr. Russo explained the commitment of the New York State Department of Transportation to make improvements of the cross-walk lights and curbs at that intersection. He credited Chief Santoro with the most recent inquiry on the item and the State had finally taken action. He noted the 2 issues the State had asked from the Village, before they made it an"exclusive" cross walk. Their first requirement would be that the Board adopt a resolution requesting it since the exclusive walk-phase would delay -20- January 27, 1998 0066"34 traffic at the intersection and if the Village replaced the blacktop sidewalk on the southwest corner of the intersection. The Mayor opened the floor to comment. Ken Heller of 22 Lincoln Avenue asked the Board for a report on the use of the Posillipo Center by the Seniors and the Youth of the Village. The Mayor noted that they would have a report at a future meeting. Diane Gumpel, Co-President of the Blind Brook Ridge Street PTA, approached to explain the issues she had been sent to set forth by the Blind Brook Ridge Street PTA Community Task Force to discuss the issues facing our youth. She noted that Mrs. Tunis had participated on a number of their meetings. She stated that the PTA's Committee on youth had established three priorities. The first was parent awareness of student free-time activities addressed at an open forum between parents and students. The second was to provide parents with the support they needed through work shops and guest speakers. The third was to provide positive outlets for the children. She urged the Board to set a priority to have more gym time for kids, including open gym nights, since the availability of the schools was very limited and the school facilities are utilized to the maximum extent possible. She felt this was vitally important with the upcoming enrollment increases due to the projected new residential development in Rye Brook. She suggested a Recreation Center for Rye Brook youth to have a safe and supervised outlet together with their families. The Board discussed the issue and suggested a review by the Facilities Committee and the Advisory Committee on Recreation. Mrs. Gumpel noted the importance of the issue, and the Mayor assured her that her concerns were timely and would be given the attention of the Village. The Mayor announced the next Board meetings, and addressed some recent articles in the paper regarding the fire department and some recent resolutions adopted. Mayor Cresenzi explained that the Port Chester Board of Education had advised the Village of Rye Brook to establish a system of automatic response from the Port Chester Fire Department on any fire call at a school in Rye Brook. He stated that establishing such an agreement would not be in the best interests of either Village and could set forth a field of competition and vehicles speeding to fire scenes which could cause someone to get hurt. There being no further comment, the board agreed to adjourn the meeting at 9:05 p.m. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk -21-