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HomeMy WebLinkAbout1997-01-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING AT THE VILLAGE OF RYE BROOK 938 KING STREET TUESDAY, JANUARY 28, 1997 -- 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: ACTION: 1. LOCAL LAW INTRODUCTORY#3 OF 1997 PRESCRIBING BULK STANDARDS IN AN R-15 ZONE. 2. LOCAL LAW INTRODUCTORY #2 OF 1997 WASTE COLLECTION LIMITATIONS. RESOLUTIONS: 3. CONSIDERING THE ADOPTION OF LOCAL LAW INTRODUCTORY#3 OF 1997, ENTITLED "BULK STANDARDS." 4. CONSIDERING THE ADOPTION OF LOCAL LAW INTRODUCTORY#2 OF 1997, ENTITLED "LIMITATIONS ON TYPES OF WASTE COLLECTED." 5. CONSIDERING THE ADOPTION OF SEQR DECLARATIONS FOR THE GRANT STREET SENIOR CITIZEN HOUSING PROJECT. 6. CONSIDERING THE ADOPTION OF LOCAL LAW INTRODUCTORY #3 OF 1997 REVISING STANDARDS RELATED TO SENIOR CITIZEN HOUSING DEVELOPMENTS. 7. CONSIDERING THE ADOPTION OF THE SPECIAL PERMIT AND SITE PLAN FOR THE GRANT STREET SENIOR CITIZEN HOUSING PROJECT. 8. APPOINTING INSPECTORS OF ELECTION. 9. SETTING VOTER REGISTRATION DAY FOR MARCH 8, 1997. 10. SETTING GRIEVANCE DAY FOR FEBRUARY 18, 1997 6:00 P.M. - 10:00 P.M. PAGE 2 11. AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT OF THE SOLI) WASTE I.M.A. WITH WESTCHESTER COUNTY. 12. CALLING FOR A PUBLIC HEARING TO BE HELD ON FEBRUARY 25, 1997 ON LOCAL LAW INTRODUCTORY #4 OF 1997, ENTITLED "REGULATION FOR CHILD CARE FACILITIES." 13. AUTHORIZING A "NO RIGHT ON RED" EXITING 200 SOUTH RIDGE STREET SHOPPING CENTER. 14. CHECK REGISTER WRITTEN COMMUNICATIONS: 15. RESIGNATION OF MICHAEL VIAPIANO FROM THE HIGHWAY DEPARTMENT. NEXT MEETING DATES: AGENDA MEETING-- TUESDAY, FEBRUARY 11, 1997 REGULAR MEETING-- TUESDAY, FEBRUARY 25, 1997 AGENDA MEETING -- TUESDAY, MARCH 11, 1997 REGULAR MEETING-- TUESDAY, 25, 1997 ASSESSMENT REVIEW BOARD: GRIEVANCE DAY -- TUESDAY, FEBRUARY 18, 1997 6:00 P.M. - 10:00 P.M. MINUTES OF A REGULAR MEETING 0063D D VILLAGE OF RYE BROOK BOARD OF TRUSTEES THE VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK, NEW YORK JANUARY 28, 1997 at 7:00 P.M. CONVENE MEETING Mayor Cresenzi called the Meeting to order at 7:00 p.m. 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 Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Police Chief Robert J. Santoro Fire Chief William Dee McCluskey Village's Planning Consultant, Christian K. Miller, F.P. Clark Associates Mayor Cresenzi stated that he was happy to have this meeting in the new Village Hall. Trustee Strum thanked Mrs. Sandy Cortese, a Rye Brook resident who volunteered and spent a great deal of her time on the decorations and the features of the building. Mayor Cresenzi said that in the near future the Board would discuss when and how the Village would hold a public opening celebration for the new Village Hall, which would be when the Village would publicly recognize with small plaques Mrs. Cortese for her hard work and the first volunteer Village Clerk Mrs. Jane SafJir Smith. PUBLIC HEARINGS: 1. LOCAL LAW INTRODUCTORY #3 OF 1997 PRESCRIBING BULK STANDARDS IN AN R-15 ZONE: Mr. Christian Miller said that the purpose of the proposed zoning amendment was to amend the R-15 Zoning District to reflect changes that had been intended regarding bulk standards when the original law was enacted in 1995. This revision had not been made due to a clerical error. The purpose of this hearing was to implement those regulations as they were clearly intended to be regulated at that time. Mr. Miller reported the proposed changes included removing the width and depth requirement and implementing new requirements for a horizontal circle and frontage. 1 January 28, 1997 006320 Mr. Miller stated that all other zoning districts in Rye Brook currently have this requirement. Trustee Zuckerman suggested the Board should address all at once all of the problems regarding this local law. He mentioned, in particular, one problem in terms of some of the references to minimum lot width and minimum lot depth. Trustee Zuckerman suggested that the Board not make further changes until the Trustees addressed all of the changes to this local law. He asked the Board to delay its vote on this matter, leave the public hearing open and schedule it on another agenda after the Board has had the opportunity to address the concerns he raised. Mayor Cresenzi asked the other Board members if they wished to follow Trustee Zuckerman's recommendation on this matter by leaving the hearing open and discussing additional changes to the local law at another meeting. Trustee Pellino said it would be beneficial to close the hearing tonight after hearing comments from the public and hold the resolution in order to discuss Trustee Zuckerman's concerns. Trustees Strum and Tunis agreed. Mayor Cresenzi asked if there was anyone from the audience who wished to speak on this matter. Hearing no response, Mayor Cresenzi asked for a motion to close the public hearing. After it was moved and seconded, the Board unanimously agreed to close the public hearing. 2. LOCAL LAW INTRODUCTORY#2 OF 1997 ON WASTE COLLECTION LIMITATIONS: Mayor Cresenzi explained that the hearing on waste collection limitations in the Village of Rye Brook had been discussed by the Board previously in December, 1996. Mayor Cresenzi asked if any member of the Board had any other comments to make on this matter. Trustee Pellino communicated that this local law would be of great help to the Village's Highway Department because it would limit to 50 pounds the weight of debris that they would have to lift. He felt that the rest of the law was not specific enough nor very helpful but that he would vote in favor of it to protect the highway men. Mayor Cresenzi said that the highway men are overburdened by residents who put out large debris. He explained that this law would limit the length and weight of the items, thus, protecting the highwaymen. Ken Heller of Lincoln Ave. asked if the Village still plans to go around with a chipper after storms. He said that it was more dangerous to have three foot branches than to have longer branches when using a chipper. He suggested that the Board keep the weight limit but re-look into the length limit. Gary Zuckerman stated that the law doesn't really apply to chipping because curb pick-up of debris is different than chipping. Mayor Cresenzi added that the law primarily deals with curb side pick-up of large debris. He also said that Pat McNeill, the highway foreman, does a good job of speaking to homeowners about the size of debris. Mayor Cresenzi then asked to close the public hearing. After a motion was made and seconded, the Board unanimously agreed to close the public hearing. 2 32 January 28, 1997 00(i ' 3. CONSIDERING THE ADOPTION OF LOCAL LAW INTRODUCTORY #3 OF 1997, ENTITLED "BULK STANDARDS.": There was not action taken on this resolution and it was put on the next agenda. 4. CONSIDERING THE ADOPTION OF LOCAL LAW INTRODUCTORY #2 OF 1997 ENTITLED "LIMITATIONS ON TYPES OF WASTE COLLECTED.": On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted as amended: RESOLUTION ADOPTING THE LOCAL LAW CHAPTER 135 OF THE RYE BROOK VILLAGE CODE ENTITLED, "LIMITATIONS ON TYPES OF WASTE COLLECTED" WHEREAS, the Board of Trustees has extensively discussed and conducted a public hearing on a local law to provide limitations on the collected by the Village; and WHEREAS,this local law constitutes a Type II action under SEQR. NOW, THEREFORE, BE IT RESOLVED,that Local Law Introductory#2 of 1997, which amends Chapter 135 of the Rye Brook Code to provide for limitations on the types of waste collected by the Village, a copy of which accompanies this Resolution, is enacted into law as Local Law#1 of 1997. LOCAL LAW A LOCAL LAW amending Chapter 135 of the Code of the Village of Rye Brook to provide for limitations on types of waste collected by the Village. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Section 135-3 of the Code of the Village of Rye Brook is amended to read as follows: A. Any waste material other than garbage, ashes, rubbish and logs which cannot be readily deposited in any receptacles may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than fifty(50) pounds and not likely to be scattered, and, when packed and secured, may be placed at the curb on curb pickup days. Such packages, logs or bundles shall not exceed three (3) feet in length. 3 006322 January 28, 1997 B. Neither the Department of Public Works nor the Village's Sanitation Contractor shall pick up flammable or highly combustible matter, such as cleaning establishment wastes or other industrial wastes found to contain varnish, paint, thinners or other dangerous materials; sawdust; explosives; ammunition; oil drums, either full or empty; cans or barrels containing combustible liquids; rubber tires of any size; rubber wastes; automotive or similar batteries; tar paper roofing, tar cans; dead animals; or any hazardous waste as defined by Article 27 of the Environmental Conservation Law and the regulations promulgated thereunder. Section 2. Section 135-4 of the Code of the Village of Rye Brook is amended to read as follows: A. No garbage, trash, rubbish or receptacles may be placed at the curb except on curb pickup day or after 6:00 p.m. on the evening before curb pickup day. B. Contractors, gardeners and landscape contractors performing demolition, landscaping, gardening, trash or tree removal for compensation shall be responsible for removing, or arranging for the removal of all garbage, trash, rubbish, trees, garden waste and other waste produced in connection with their work and such waste shall not be placed at the curb for pickup by the Village, provided that this provision shall not restrict contractors, gardeners and landscape contractors from placing at the curb for Village pickup leaves, grass and brush from residential properties in accordance with collection regulations. Section 3. This local law shall take effect immediately upon filing in the office of the Secretary of State. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. CONSIDERING THE ADOPTION OF SEOR DECLARATIONS FOR THE GRANT STREET SENIOR CITIZEN HOUSING PROJECT: Trustee Strum asked if the declaration covers site specifics and changes in zoning amendments. Ken Powell answered that both are in the declaration. Trustee Strum also asked if Christian Miller was satisfied with the report regarding the oil tank and clean ground. Christian Miller said that he was satisfied with the report. Trustee Strum then asked if anti-noise regulations were in conflict with the standards. Christian Miller said that on page 3, the same standards as well as HUD guidelines were listed and that they were aware of them. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: 4 UU632d January 28, 1997 RESOLUTION SEQR DECLARATIONS FOR GRANT ST.IWEST ST. SENIOR HOUSING DEVELOPMENT ON THE SPECIAL PERMIT, SITE PLAN AND ZONING AMENDMENT RESOLVED, that the accompanying negative environmental declarations under the State Environmental Quality Review Act are made and adopted for the Grant Street/West Street Senior Housing Development special permit and site plan application and the Zoning Text Amendments to Section 250-36 of the Rye Brook Zoning Law to revise location, size, coverage, dimensional and distance standards. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRE SENZI VOTING AYE 6. CONSIDERING THE ADOPTION OF LOCAL LAW INTRODUCTORY #1 OF 1997 REVISING STANDARDS RELATED TO SENIOR CITIZEN HOUSING DEVELOPMENTS: Trustee Strum favored this change because it applied to more areas and is more appropriate for seniors. Mayor Cresenzi agreed. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ZONING TEXT AMENDMENTS SENIOR CITIZEN HOUSING DEVELOPMENT RESOLVED, that the proposed Local Law Introductory#2 of 1997, amending Section 250-36 of the Code of the Village of Rye Brook to revise location, size, coverage, dimensional and distance standards relating to senior citizen housing developments is enacted into law as Local Law#2 of 1997. LOCAL LAW A LOCAL LAW amending Section 250-36 of the Code of the Village of Rye Brook to revise location, size, coverage, dimensional and distance standards relating to senior citizen housing developments. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: 5 January 28, 1997 006324 Section 1. Section 250-36 O of the Code of the Village of Rye Brook, is amended to read as follows: C. Lot Location and Size. The site of a senior citizen housing development shall be located immediately adjacent to or south of Westchester Avenue and shall have at least one hundred and twenty (120) feet of frontage. The site of a senior citizen housing development shall also have a lot area of at least eighteen thousand (18,000) square feet, but no more than fifty-five thousand (55,000) square feet. A site plan conforming to Chapter 209, Site Plan Review, of the Code of the Village of Rye Brook shall accompany a special exception use permit application under this section. Section 2. Section 250-36 (E) of the Code of the Village of Rye Brook is amended to read as follows: E. Coverage. Building coverage(principal and accessory) shall not exceed thirty percent (30%) of the total site. Site coverage (building coverage plus paved areas, but not including sidewalks) shall not exceed sixty percent (60%) of the total site. Section 3. Section 250-36 (F) of the Code of the Village of Rye Brook is amended to read as follows: F. Yard and Dimensional Requirements. All principal and accessory buildings shall conform to the yard and other dimensional requirements of the zoning district in which it is located. The Board of Trustees is authorized to modify any required yard standard provided that said Board finds that the proposed modification will result in improved site design or building layout and that it will not negatively impact existing natural features, neighborhood character or adjacent land uses, Section 4. This local law shall take effect immediately upon filing in the office of the Secretary of State. TRUSTEE STRUM VOTING AVE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. CONSIDERING THE ADOPTION OF THE SPECIAL PERMIT AND SITE PLAN FOR THE GRANT STREET SENIOR CITIZEN HOUSING PROJECT: Trustee Strum asked if the traffic going through the area should be addressed further in a future study. He also asked if the applicant agreed with all of the conditions. Mr. Larizza, the applicant, questioned the performance bond. Administrator Russo said that was up to the Building Inspector. Trustee Pellino said that they created a site for housing that Rye Brook and Westchester County need. He also said that the affordable housing provision provides new, modern, safe housing for senior citizens. 6 006320 January 28, 1997 On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION FOR GRANT ST./WEST ST. SENIOR HOUSING DEVELOPMENT SPECIAL PERMIT AND SITE PLAN SECTION 1, BLOCK 28, LOT 9 WHEREAS, on or about February 28, 1996, Louis Larizza, 34 Upland Street, Port Chester, New York, made a site plan and special permit application to build a Senior Citizen Housing Development under Section 250-36 of the Zoning Law of the Village of Rye Brook; and WHEREAS, the applicant proposes to construct senior citizen housing on property abutting I- 287 and located at the intersection of Grant Street and West Street, which property is known and shown on Village tax assessment maps as Section 1, Block 28, Lot 9, and is situated in an R-2F zoning district; and WHEREAS, this fifty one thousand nine hundred and twenty five (51,925) square feet of property includes 39,597 square feet of land in the Village of Rye Brook and 12,328 square feet of land in the Village of Port Chester; and WHEREAS, the applicant originally proposed to build thirty(30) dwelling units in 3 clusters, the majority of development to be situated in Rye Brook, but the original proposal was thereafter revised to reduce the number of dwelling units to twenty six (26) units in 3 clusters, all of which units are to be located in the Village of Rye Brook; and WHEREAS, the revised site plan includes 35 parking spaces for the development, with the parking area and its connection to Grant Street to be located in the Village of Rye Brook; and WHEREAS, 7 units of this senior housing will be subject to special afford ability requirements under the Village's Senior Citizen Housing Development special permit provisions; and WHEREAS,the application consists of the following plans: Site Plan, Grant Street Senior Housing, 26 unit development, located in the Village of Rye Brook, Westchester County, New York, dated August 5, 1996, last revised on December 6, 1996, prepared by Ralph George Mastromonaco, Consulting Engineer, 13 Dove Court, Croton-on-Hudson, New York, 10520 (1 of 5); Erosion Control Plan, Grant Street Senior Housing, 26 unit development, located in the Village of Rye Brook, Westchester County, New York, dated August 5, 1996, last revised on December 6, 1996, prepared by Ralph George Mastromonaco, Consulting Engineer, 13 Dove Court, Croton-on-Hudson, New York, 10520 (2 of 5); Road Profiles, Site and Erosion Control Details, Grant Street Senior Housing, 26 unit development, located in the Village of Rye Brook, Westchester County, New York, dated 7 January 28, 1997 00632,d December 6, 1996, prepared by Ralph George Mastromonaco, Consulting Engineer, 13 Dove Court, Croton-on-Hudson, New York, 10520 (3 of 5); Utility Profiles and Details, Grant Street Senior Housing, 26 unit development, located in the Village of Rye Brook, Westchester County, New York, dated December 6, 1996, prepared by Ralph George Mastromonaco, Consulting Engineer, 13 Dove Court; Croton- on-Hudson, New York, 10520 (4 of 5); Utility and Landscape Details, Grant Street Senior Housing, 26 unit development, located in the Village of Rye Brook, Westchester County, New York, dated December 6, 1996, prepared by Ralph George Mastromonaco, Consulting Engineer, 13 Dove Court, Croton- on-Hudson, New York, 10520 (5 of 5); WHEREAS, contemporaneously with the application, the Village of Rye Brook Board of Trustees has been considering amendments to Section 250-36 of the Zoning Law to expand the affordable senior housing opportunities available in the Village of Rye Brook; and WHEREAS, the site plan and special permit application and proposed zoning amendments were referred to the Planning Board, which has recommended the adoption of the zoning text amendments and the denial of the special permit and site plan, and in making the latter recommendation, based on density and traffic concerns, also recommended that an additional traffic analysis be conducted; and WHEREAS, in order to address issues identified during application review, the Village Board requested a traffic study from Frederick P. Clark Associates Inc., and the traffic study dated November 12, 1996, concludes, among other things, that the development will generate seven (7) vehicle trips during morning and afternoon peak hours and that the level of additional traffic will have a minimal impact, if any, on the overall operation of any of the streets in the neighborhood; and WHEREAS, in a letter dated November 26, 1996, the Westchester County Planning Board advises that the project appears consistent with the County's goals for providing greater opportunities for senior housing, particularly affordable housing, and recommended the further examination of noise, visual and buffering issues arising from the proximity of the proposed development to I-287; and WHEREAS, on November 26, 1996 a public hearing was conducted after due notice on the special permit, site plan and zoning text amendments and an additional public hearing was conducted on January 7, 1997 on the Zoning Text Amendments; and WHEREAS, in response to traffic concerns raised in the public hearing, an additional traffic analysis was prepared by Frederick P. Clark Associates Inc., to ensure that the impact of Corpus Christi School traffic traversing the study area was included and, based on additional analysis and survey results, Frederick P. Clark Associates Inc., advises in a memorandum dated December 4, 1996, that the results described in the firm's earlier memorandum dated November 14, 1996, are still valid; and 8 U0632 i January 28, 1997 WHEREAS, the memorandum dated December 4, 1996, from Frederick P. Clark Associates .Inc. advises that this proposed development will have little or no impact on area roads and no off-site road improvements are necessary to accommodate traffic from this development; and WHEREAS, during the public hearing, the applicant agreed to construct a solid wood fence along the property's boundary with I-287, and to extend this fence along the boundary of an adjacent property owner if permission of the owner is granted, and the revised plans submitted show the fence along the I-287 boundary, together with plantings of trees, to address the noise and visual concerns which have been raised; and WHEREAS,the Village Board as Lead Agency has adopted negative environmental declarations under SEQR for the site plan/special permit application and zoning text amendments; and WHEREAS, the Village Board has adopted the recommended zoning text amendment to expand senior citizen affordable housing opportunities under Section 250-36, as amended, and the following findings are made: 1. The applicant has submitted information reasonably demonstrating that the development is feasible (§250-36 (B)). 2. The site has more than 120 feet of frontage on Grant and West Street, is located south of Westchester Avenue, is 51,925 square feet in area, 39,597 square feet of which is located in the Village of Rye Brook, all of which is consistent with the applicable requirements, and a site plan has also been submitted (§ 250-36 (C)). 3. The density is 1 dwelling unit per 1997 square fee (15 52 sq. ft. per unit in Rye Brook only) which is consistent with the applicable maximum density requirement (§250-36 (D)). 4. Building coverage is 18% of the site, site coverage is 44% of the site, which conforms to the applicable requirement, and the principal and accessory structures conform to the lot, yard and dimensional requirements of the R-2F zoning district in which it is situated (§250-36 (E) and (F) ). 5. The site is conveniently located for access to food and other shopping, as well as the Anthony J. Posillipo Community Center, without the necessity of utilizing a vehicle. 6. The senior citizen housing development is designed to be compatible with the natural features of the site and surrounding uses, not to conflict with the character of existing buildings in areas where a definite pattern of style has been established, reasonably accommodates the needs of senior citizens including accessibility needs, and exterior lighting is shown to be arranged so as to minimize interference with adjoining landowners (§ 250-36 (G) ). Architectural issues will be reviewed by the Rye Brook Board of Architectural Review. 7. More than one on-site parking space is shown for each dwelling unit. All driveways, parking and standing areas are to be paved and satisfactory sight distances are provided for on the plans at the intersection of access driveways and roads (§250-36 (H)). 9 0®W,218 January 28, 1997 8. All dwelling units are to be occupied by senior citizens of at least 62 years of age or older and seven (7) of the units are to be subject to special afford ability provisions (§250- 36(I)). 9. The use is found of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts (§ 250-6 (14)(1)(b)(1)). 10. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, and its relation to streets giving access to it is found to be such that it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood (§ 250-6 (11)(1)(b)(2)(a)). 11. The location, nature and height of buildings, walls and fences, and the nature and extent of landscaping on the site is found to be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof (§ 250-6 (H) (1)(b)(2)(b)). 12. The proposed use is found to be provided with off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use and meets applicable requirements and the parking area is to be suitably screened from adjoining residential uses, and entrance and exit drives are to be laid out so as to prevent traffic hazards and nuisances (§ 250-6 (H) (1)(b)(2)(c).) NOW, THEREFORE,BE IT FURTHER RESOLVED,that the special permit may be issued and the site plan may be signed subject to the following: CONDITIONS 1. Prior to the issuance of the special permit and the signing of the site plan, the applicant shall submit in form and substance satisfactory to the Board of Trustees, and shall thereafter record, a covenant running with the land, binding on heirs, successors and assigns, providing that the property will be utilized for senior citizen housing development purposes in accordance with the provisions of Section 250-36 of the Rye Brook Zoning Law, and for no other purpose, and the property shall not be further subdivided or sold in parcels unless the Board of Trustees shall give its consent in an instrument filed and recorded in the office of the County Clerk of Westchester County. 2. Prior to the issuance of the special permit and the signing of the site plan, unless the Rye Brook Zoning Board of Appeals shall grant a variance to permit a fence greater than 6 feet in height, the plan shall be revised to show the fence, satisfactory to the Village Planning Consultant, conforming with the Rye Brook Zoning Law regarding maximum height. This fence shall be extended along the boundary of the adjoining property shown on the plans as Lot 95, as shown on the plans, provided the property owner grants permission. 10 January 28, 1997 U0632J 3. Prior to the issuance of the special permit and the signing of the site plan, proof shall be submitted, satisfactory to the Building Inspector, demonstrating that all of the approvals of all other governmental agencies having jurisdiction have been obtained. 4. Prior to the issuance of the special permit and the signing of the site plan, the plan shall be approved as to architectural features by the Rye Brook Board of Architectural Review. 5. Prior to the issuance of the special permit and the signing of the site plan, the applicant shall post a performance bond in an amount established by the Building Inspector for the construction and installation of all public improvements shown on the approved plans. 6. Prior to the issuance of the special permit and the signing of the site plan, all Village fees shall be paid including environmental review and professional review consultant fees incurred by the Village in the review of this application. 7. Prior to the issuance of the special permit and the signing of the site plan, the site plan shall be reviewed to show landscaping satisfactory to the Village's Landscaping Consultant, which revisions shall give particular attention to the staggering of landscaping to provide added visual screening of the development from I-287, and to provide additional landscaping along the Lot 99 boundary. 8. There shall be compliance at all times with all applicable laws, rules and regulations including, but not limited to Section 250-36 of the Rye Brook Zoning Law and the Federal Fair Housing Act (42 USC 3607 et seg) as the same may be amended from time to time. 9. The dwelling units shall be rental units only unless and until the Applicant submits and receives approval by the Village of homeowner association by-laws as will ensure that dwelling units shall be owned and occupied by persons 62 years of age or older in conformity with the Federal Fair Housing Act and in conformity with Section 250-36 (J) of the Rye Brook Zoning Law. 10. Any free standing sign shall conform in all respects with the Sign Law(Zoning Law §250- 35). 11. As agreed by the applicant, fire sprinklers will be installed and maintained in the development in all buildings. The manner of installation shall conform to Code requirements. 12. Removal of trees shall be subject to the Village's Tree Law (Rye Brook Code Chapter 235). 13. The approval of this site plan and special permit application for property located in the Village of Rye Brook is limited to improvements shown in the Village of Rye Brook, but this approval is conditioned on the construction of all improvements and maintenance of open space as shown on the plans identified in this resolution, as revised. 14. Prior to the issuance of the special permit and the signing of the site plan, written approval 11 JOGJ30 January 28, 1997 shall be received from the Village's Consulting Engineer stating that the drainage facilities are satisfactory and conform to the requirements of the Rye Brook Code. 15. Seven (7) of the dwelling units shall be permanently subject to the afford ability standards of Section 250-36(N) of the Code of the Village of Rye Brook. As agreed by the applicant, eight (8) additional dwelling units shall also be subject to the afford ability standards of Section 250-36 (1) of the Code of the Village of Rye Brook for a period of 30 years from the date of adoption of this Resolution; and be it FURTHER RESOLVED, that this Resolution shall take effect contemporaneously with the effectiveness of the zoning text amendments described in the recitals of this Resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPOINTING INSPECTORS OF ELECTION: On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK- MARCH 18, 1997 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 March 18, 1997 from 7:00 a.m. to 9:00 p.m.; and be it FURTHER RESOLVED, that the following Chairpersons and Inspectors of Election are hereby appointed: #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 Barbara Minittee, Chair 814 King Street BBHS 273-9500 #22 Sonia Briganti 54 North Ridge Street BBHS 935-9952 #23 Walter H. Niles, Chair 101 Country Ridge Drive RSS 937-3623 #23 Rose Niles 101 Country Ridge Drive RSS 937-4298 12 January 28, 1997 #26 Josephine Aulenti, Chair 127 Ridge Street PCHS 939-1191 #26 Mildred DiSanto 151 North Ridge Street PCHS 937-5876 #27 Maria Varbero, Chair 10 Paddock Road RSS 937-4626 #27 Bernice Wynn 49 Oak Street, Port Chester RSS 937-9146 #29 Patricia Pagli, Chair 395 Westchester Avenue RSS 939-1031 #29 Marie Godano 16 Jennifer Lane RSS 937-5010 and be it; FURTHER RESOLVED, that the following Alternate Inspectors of Elections are hereby appointed: Linda Ferrari 100 Leicester Street, Port Chester 939-9091 Eugene Reich 11 Winthrop Drive 937-4298 Maryann Shea 66 Woodland Avenue 937-3587 Josephine Connor 252 William Street, Port Chester 937-4551 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. SETTING VOTER REGISTRATION DAY FOR MARCH 8, 1997: Trustee Pellino asked Administrator Russo to make sure that there is an announcement posted on cable that Voter Registration Day was for the Village Election only and for this year only. On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION SETTING VOTER REGISTRATION DAY VILLAGE OF RYE BROOK ELECTION SATURDAY, MARCH 8, 1997 WHEREAS, pursuant to Section 15-118, Sub. 3 of the Election Law of the State of New York, the Board of Trustees is required to designate the hours for the Registration of Voters; the date of Registration being fixed by the law as the 10th day preceding the Election, (March 8, 1997) NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 15-118 (Sub. 10) of the Election Law of the State of New York, the locations where the Registration of voters is normally held shall be consolidated into a single place, to wit: 13 0Uo;$3j. January 28, 1997 RYE BROOK VILLAGE OFFICE, 938 King Street; and be it FURTHER RESOLVED, that a single Board of Elections shall be used for taking the Registration for each Election District; and be it FURTHER RESOLVED, that the Village Clerk is hereby authorized to appoint an Election Inspector and Clerical Assistant, who shall also act as an Alternate Inspector if necessary, to serve on Registration Day; and be it FURTHER RESOLVED, that if said Inspector of Election or Clerical Assistant is unable to serve on Registration Day, the Village Clerk is authorized to appoint an Alternate Inspector; and be it FURTHER RESOLVED, that the Inspector of Election shall prepare a register for such Village Election in the manner provided by law and shall meet on the 10th day preceding the coming annual Village election, to wit: Saturday, March 8, 1997 at the Village Office, 938 King Street, between the hours of 12:00 Noon and 5:00 p.m. on that day for the purpose of completing said register of the Village; and be it FURTHER RESOLVED, that the Village Clerk shall furnish, at the Village's expense, the necessary blank books in connection with such Registration and Election; and be it FURTHER RESOLVED, that the Inspector of Election and Clerical Assistant shall each receive the sum of Eight ($8) Dollars per hour as their compensation. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 10. SETTING GRIEVANCE DAY FOR FEBRUARY 18, 1997 6:OOP.M. - 10:00P.M.: On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING GRIEVANCE DAY FEBRUARY 18, 1997 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, 1997; and WHEREAS, said assessment roll may be seen and examined by any interested person until the 14 January 28, 1997 006333 third Tuesday in February (February 18, 1997) at the Assessor's office, Town Rooms, 10 Pearl Street, Port Chester, New York; 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, 1997. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Assessment Review will meet on said third Tuesday, February 18, 1997 at the Village offices, 938 King Street, Rye Brook, New York between the hours of 6:00 p.m. and 10:00 p.m. to consider those applications that have been filed on or before that date. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 11. AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT OF THE SOLI) WASTE I.M.A. WITH WESTCHESTER COUNTY: Trustee Zuckerman said that the"Resolved" of the resolution should be the"Village of Rye Brook" instead of the "Village of Rye Brook Board". Ken Powell said his wording suggestion was preferable. Mayor Cresenzi asked when it expired. Ken Powell thought that it expired in the year 2006. Administrator Russo said that it expired 20 years after the issuance of the bonds that pay off the Charles Point Resource Recovery Plan. Trustee Strum asked if the town entered into the agreement solely for the unincorporated area when it entered into the agreement. Administrator Russo said that it was acting for the unincorporated area. Trustee Zuckerman said that Port Chester and.other villages have separate agreements. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted as amended: RESOLUTION ASSIGNING THE SOLI) WASTE INTER-MUNICIPAL AGREEMENT (I.M.A.) BETWEEN THE TOWN OF RYE AND WESTCHESTER COUNTY TO THE VILLAGE OF RYE BROOK WHEREAS, the County of Westchester entered into an agreement with the Town of Rye in 1979 for the disposal of municipally collected solid waste in the unincorporated area of the Town; and WHEREAS, subsequent to the execution of the agreement, the Village of Rye Brook was incorporated from the formerly unincorporated area of the Town of Rye; and 15 0(;(6 January 28, 1997 WHEREAS, the Town of Rye desires to assign all of its rights, interests, duties and obligations required under the Agreement to the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into an assignment of the Solid Waste I.M.A., dated August 23, 1979, between the Town of Rye and Westchester County, under which assignment the Solid Waste I.M.A. will be assigned to the Village of Rye Brook for the remainder of the term of the agreement; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute all documents necessary or appropriate to accomplish the purpose of this Resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 12. CALLING FOR A PUBLIC HEARING TO BE HELD ON FEBRUARY 25, 1997 ON LOCAL LAW INTRODUCTORY #4 OF 1997, ENTITLED "REGULATION FOR CHILD CARE FACILITIES.": Trustee Strum asked if this was an output of the Zoning Code Update Committee and Trustee Pellino answered that it was issued right before the Zoning Code Update Committee was dissolved. Trustee Tunis said that many operated child care facilities are in homes and that the Board should consider removing the acreage requirement for private homes. Trustee Pellino said that they could remove the residential acreage requirement. Trustee Strum said that during the Hearing the Board should discuss which State and Village laws apply. Christian Miller said that at the hearing he would have the information to distinguish between the State and Village laws that apply to this issue. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON LOCAL LAW INTRODUCTORY #4 OF 1997 ENTITLED, "REGULATION FOR CHILD CARE FACILITIES" RESOLVED, that a public hearing shall be conducted by the Board of Trustees on February 25, 1997 at 7:30 p.m. at the Village of Rye Brook's Meeting Room, 938 King Street, Rye Brook, New York 10573 on a local law amending Chapter 250 of the Zoning Code of the Village of Rye Brook, for the purpose to regulating child care uses. 16 a. January 28, 1997 006b_ TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 13. AUTHORIZING A "NO RIGHT ON RED" EXITING 200 SOUTH RIDGE STREET SHOPPING CENTER: Trustee Pellino asked about traffic patterns. Mayor Cresenzi said that when the original site plan for the Rye Ridge Shopping Center was approved, any use changes required a public hearing which was held. He also said that residents from Crescent Street complained that because of the turn on red they couldn't get out of their street. Trustee Strum had told residents that a traffic light would help, but not entirely. Trustee Zuckerman asked if they could do an actual study of the traffic circulation patterns because putting a"No Right on Red" sign might make matters worse and back up traffic. Trustee Pellino asked Police Chief Santoro if he was aware of the traffic situation. Chief Santoro said he was aware of the problem and that there were pedestrian problems because drivers didn't stop for pedestrians. In addition, he said many people used that area as a short cut, causing rather heavy traffic. RESOLUTION AMENDING §240-10.1 OF THE VEHICLE & TRAFFIC CHAPTER ADDITION OF A SUB-CHAPTER TO PROHIBIT RIGHT TURNS ON RED LIGHTS FOR VEHICLES EXITING THE 200 SOUTH RIDGE STREET SHOPPING CENTER RESOLVED,that a new Section C. shall be added to the Rye Brook Village Code Chapter 240, entitled "Vehicles & Traffic," Article I1I, § 240-10.1 to read as follows: G No driver shall make a right turn on red when exiting the 200 South Ridge _Street Shopping Center, and a"No Turn on Red" sign shall be posted at the traffic light at South Ridge Street to so notify drivers exiting the shopping center. 14. CHECK REGISTER 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: 15462-15573 Capital: 2641-2660 Environmental: 16 17 00633u January 28, 1997 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. WRITTEN COMMUNICATIONS: 15. RESIGNATION OF MICHAEL VIAPIANO FROM THE HIGHWAY DEPARTMENT: Administrator Russo said that Michael Viapiano thanked the Village and that he was leaving to take a position with the Mamaroneck Village Police Department. Mayor Cresenzi asked for a motion for an Executive Session on personnel. Trustee Pellino made a motion and was seconded by Trustee Tunis. The Board unanimously agreed to have the Executive Session, Mayor Cresenzi thought that it was a good recommendation to have a general review of the traffic circulation in the area by Crescent Street and Ridge Street. The Board felt that a joint study handled by the Traffic Commission and Mike Galante of F. P. Clark and Associates would be a good idea. Trustee Zuckerman thought that the Chairman of the Rye Brook Traffic Commission should also contact the Chairman of the Port Chester Traffic Commission because the area was also affected by traffic from Port Chester. Mayor Cresenzi asked Administrator Russo to contact Mike Galante and the Traffic Commission; he said that he would. Mayor Cresenzi announced the next meeting dates. Ben Miloro spoke about Grant Street Senior Housing. He said that the townhouses were in Port Chester but the front part of the property was in Rye Brook. He brought up maps to show the Board. Trustee Pellino said that the buildings were in Port Chester and that they were unaffected by the sidewalks and a little bit of lawn being in Rye Brook. Mayor Cresenzi said that there were three public hearings where people could have spoken on the issue. Mayor Cresenzi thanked Joe Gasperino for his work at the Anthony J. Posillipo Center and at the New Village Hall. Joe Siclare said that he was disappointed with the Board and that they were forewarned about safety issues near the Grant Street Housing. Mayor Cresenzi said that there were three hearings during which he spoke. Mayor Cresenzi also said that Mr. Siclare was upset because he didn't like the answers he was receiving. He further said that the Board was proud of letting senior citizens benefit from a new development. Joe Siclare continued to make accusations at the Board. Trustee Pellino said that the Traffic Commission was brought in on the issue of safety. They found that most of the volume of traffic from West Street to Grant Street funneled into Garibaldi. He further said that there were traffic concerns there to begin with and that the present traffic patterns are transient and non-congestive. 18 00633 January 28, 1997 Ben Miloro said that there was 6500 square feet of property with seven 2-family houses. He then said that in reality there was three lots with 1500 square feet of property. He then claimed that the trees on the sidewalk were in Rye Brook. Trustee Pellino said that he should go before the Village of Port Chester Board and ask them to address his concerns because it was not a Rye Brook issue and that they had already answered these questions at a past meeting. Trustee Zuckerman commented on the soft lighting in the new room and said that the new conference room was very comfortable and made the meetings more enjoyable. Mayor Cresenzi said that there was a serious accident at the intersection of Ridge Boulevard and Ridge Street at about 9:00p.m. last night. He said it was due to bad weather and that the driver was seriously injured. He commended the police, fire and ambulance emergency services and was amazed how the Rye Brook Fire Department performed an extrication. Mayor Cresenzi then adjourned the meeting at 8:00p.m. Respectfully submitted CX/ 9(�d• oo Christopher J. Russo Village Administrator/Clerk 19