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HomeMy WebLinkAbout1999-10-12 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING TUESDAY, OCTOBER 12, -7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: REPORTS: I. MR. JOHN LIMARZI, AREA CONSTRUCTION SUPERVISOR,REGARDING STATUS OF HUTCH PROJECT RESOLUTIONS: 5. CONSIDERING THE ADOPTION OF A NEGATIVE DECLARATION AND LOCAL LAW REGULATING WIRELESS AND ATTACHED WIRELESS TELE- COMMUNICATIONS FACILITIES 2. CONSIDERING THE ADOPTION OF A LOCAL LAW PROVIDING FOR A REVISED AND STRENGTHENED ETHICS CODE 3. CONSIDERING ADOPTING THE APPLICATION OF MYUNG-HO LEE, M.D., FOR AN AMENDED SPECIAL USE PERMIT AT 62 BOWMAN AVENUE FOR A MEDICAL PRACTICE 6. RATIFYING THE APPOINTMENT OF WILLIAM AUGHAVIN OF 16 MOHEGAN LANE AS ASSISTANT DEPUTY LOCAL DIRECTOR OF DISASTER AND EMERGENCY SERVICES 5. CONSIDERING THE ADOPTION OF THE SCOPE OF THE DEIS ON THE APPLICATION BY KF RYE BROOK/GARDEN INN HOTEL J 6. CONSIDERING THE APPROVAL OF MINUTES E. JUNE 22, 1999 F. JULY 13, 1999 G. JULY 27, 1999 H. AUGUST 31, 1999 WRITTEN COMMUNICATIONS 1. BRIAN FITZPATRICK, RE: POSTAL ZIP CODE INFORMATION 2. RANDY SOLOMON, CHAIRMAN, PARI{S & RECREATION ADVISORY COUNCIL, RE: RECOMMENDATION TO ESTABLISH FUND TO RECEIVE DONATIONS TO PLANT TREES 3. RANDY SOLOMON, CHAIRMAN, PARKS & RECREATION ADVISORY COUNCIL, RE: RECOMMENDED INCREASE IN DAY CAMP FEES 4. SUSAN A. GLASS, FACILITIES COMMITTEE, RE: RESIGNATION ANNOUNCEMENTS ARBOR DAY CELEBRATION, FRIDAY, OCTOBER 15, 1999, @ 9:00 A.M., AT THE CIRCLE ON HORSESHOE LANE ITEMS FOR OCTOBER 26. 1999 BOARD MEETING - MASTER PLAN DISCUSSION - PRESENTATION OF RYE BROOK WEBSITE Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office one week in advance of a meeting at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY, OCTOBER 12, 1999 7:30 P.M. CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room, and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Treasurer, Diane DiSanto Assistant to the Administrator, Charles Peretz Village Engineer, Victor Carosi Police Chief, Robert Santoro Village Consultant, Christian Miller (Frederick P. Clark) Meeting Secretary, Paula Patafio REPORTS 1. MR. JOHN LIMARZI, AREA CONSTRUCTION SUPERVISOR, REGARDING STATUS OF HUTCH PROJECT. Mayor Filipowski opened the meeting by introducing Mr. John LiMarzi, P.E., Construction Supervisor for the New York State Department of Transportation. Mr.LiMarzi attended this evening's meeting in order to make a presentation to the Board of Trustees about where the project is headed. Also in attendance at this evening's meeting was Mr. Boris L. Vays, Project Engineer in Charge, State of New York,Department of Transportation. Mr. LiMarzi noted that to date they have completed approximately 12% of the project which is moving along steadily. The biggest battle they have encountered lately is getting together shop drawings for the construction that is now taking place. Anyone going by can actually see the road taking shape through the area. They plan to continue at this rate. The noise wall footings are being put in place and the noise wall is currently being manufactured. Some of the large culverts that carry the water under the road are being manufactured and will be delivered soon. Mr Lamarzi explained that in the next few weeks they will be constructing a detour on Ridge Street which will result in closing the southbound entrance onto the Hutch at exit 29. A temporary bridge should be erected,just south of the existing bridge,by the end ofNovember. He then asked for questions from the Board. Mayor Filipowski asked about the gap of time between September 1999 and December 2000. He asked for a commentary on the schedule that now exists. Mr.LiMarzi noted that the schedule is very complicated and ongoing. The best hope at this moment is that the contractor will be 90-95%complete by the end of next year. He will probably have to come back in the Spring of 2001 to finish the paving and stripping. They are hoping to do better than that, but there are still a lot of unknowns. Mayor Filipowski asked if there was a projected time for doing night time work. Mr. LiMarzi responded that there was not. For now there is some replacement work in the Ridge Street area that will go 24 hours to get it done fast, and over the weekend. He noted that he has spoken with Mr. Carosi about potential for night work but it has not come to fruition. Mayor Filipowski asked for information regarding the congestion in traffic in the Ridge Street School area. He asked if it could be stopped or held in abeyance during arrival and dismissal times for the school. Mr. LiMarzi noted that they have taken several steps, going as far as shutting down the driveway/access to the work area from 7:45 to 8:30 and 2:45 to 3:30. However, this does not mean that there will be an absence of all truck traffic in the vicinity of the work area. Signs regarding traffic regulations and doubling the fines in the work zone will soon be erected. It was also noted that a police officer is on duty in the work area,which they are funding. He has been asked to help with the traffic control in that area. Mayor Filipowski asked when the access road was closed for arrival and dismissal times. Mr. LiMarzi noted that this began last week. Trustee Brackman noted that today she was in the Ridge Street School area and did not see the access road closed off. Mr. LiMarzi stated that the contractor knows that they are not supposed to be going in and out. Trustee Brackman noted that there are two dismissals — one at 2:30 and one at 3:00. She felt that the contractor should stop bringing trucks in and out earlier than 2:45. Mr Lamarzi explained that by observation it was decided that 2:45 to 3:30 would be the appropriate time to stop traffic, but that.these times are subject to change if necessary. Mr. LiMarzi noted that there is the police officer, employees of the construction company and a flagger who are there and who have been instructed that truck traffic is to be stopped when children are walking in the area. Mayor Filipowski asked what the Saturday morning start-up time was. Mr. LiMarzi responded that it was 7:00 a.m. Mayor Filipowski asked if 8:00 a.m. would be possible. Mr. Vays noted that the contractor requested earlier, but they moved it to 7:00 a.m. The contractor comes in at 7:00 a.m. to start the equipment and actually begins work a little later —about 7:30. When the time changes in two weeks then they will not be working until 8:00 a.m. Mr. Vays noted that the work is stopped at 2:00 p.m. They are currently allowed to work on Saturdays from 6:00 a.m. until 2:00 p.m. When the contractor is asked not to work, it ends up costing money—the taxpayers' money. If the contractor works on Saturdays then he may be able to finish the job a little earlier. It is an issue of compromise. Mayor Filipowski asked about the re-planting of trees before winter sets in. Mr. LiMarzi stated that there is no planting scheduled for this year. The designers and landscape architects plan to start their work in the Spring of 2000. They hope to have a planting plan ready for the Fall of 2000. A lot of residents have made comments (written letters) that are going to the designers. The designers will be ready to start speaking to a committee in the Spring, when they start the design. They are asking the Village to address this issue as a whole and set up a committee. Mayor Filipowski asked how the determination is made ofwhere to plant and how many tress or shrubs are replaced. Mr. LiMarzi stated that the landscape architects know the types of trees and shrubs that they should plant in this area. Basically, they try to plant so that the area will become vegetate but not an overgrown forest. If you look south of 287 along the Hutch you can see their work. Mayor Filipowski asked for a blasting schedule,to which Mr.LiMarzi responded that blasting has been going on since the beginning. The contractor did a pre-blast survey to the closest houses. At the last meeting he attended, he explained that blasting would be done on a regular basis. The contractor feels that everything has been controlled very well. Mayor Filipowski asked if based upon what the supervisors have observed if any consideration has been given to putting in a left hand turn lane on Ridge Street to pick up the Hutchinson River Parkway going south. Mr. LiM.arzi noted that this was not on the plans and that it would be something that the Village would have to look into having added. The Mayor asked the Board for their questions and/or comments. Trustee Zuckerman asked if a budget has been set with regard to planting. Mr. LiMarzi stated that he was unsure. He had heard the figure of$400,000 mentioned and he felt that would be adequate. Trustee Zuckerman felt that $400,000 would not be sufficient to replant the entire area from King Street and south along the Hutch. Mr. Lamarzi responded that discussions with the architectural landscapers could take this amount into consideration. Mr. Vays noted that the replanting of the Taconic Parkway was done in a similar fashion. The amount spent there was approximately$600-700,000 and this work was done just a few years ago. Mr.LiMarzi felt that the Village should begin to put a committee together for this purpose. Trustee Zuckerman asked what repairs on Ridge Street were being considered. Mr. LiMarzi stated that this work would be around the bridge. Trustee Zuckerman noted that the truck traffic on Ridge Street, near the nursery school, is starting to tear up the roadways. He felt that the state should work with the County of Westchester, as Ridge Street is a County Road, to not only repave, as the Mayor suggested, but also to improve the roadway. Mr. LiMarzi stated that this issue was beyond his area. He felt that towards the end of the project a quick resurfacing could be worked out, but the kind of work that Trustee Zuckerman was looking for needed to be worked out with the County. Trustee Zuckerman felt that it would be counterproductive to lay down some paving when the entire area needs total reconstruction. Trustee Zuckerman asked about the purpose of the red flags near the Blind Brook driveway. It was noted that project is currently being laid out. Mr. LiMarzi noted that the Village has plans which show this project. Trustee Zuckerman asked that the Blind Brook School District be shown these plans as it might be helpful for them to have an idea of where the driveway will be located. Mr. LiMarzi explained that theses plans are available for review at his office in Port Chester. Trustee Zuckerman asked for comments regarding the barriers and asked if at some point a more substantial barrier would be erected. Mr. LiMarzi stated that what occurred was in direct response to the children who walk alongside of Ridge Street. The safest place was to put the sidewalk on the north side of Ridge Street. Since there was work going on Mr. VanHoven expressed concern about the trucks making wide turns. The edge was delineated so that the truck drivers would be aware that they could not make the swing. The fence is simply a delineation for the truck drivers and not meant as a barrier for protection. The side walk that was put in is very similar to the one that already existed, including a curb and a sidewalk. Some work zones and speed limit signs will be added in order to minimize traffic dangers. Around the end of November when the temporary bridge is put in this will not be an issue. Mr. LiMarzi noted that the barriers are a problem in themselves as they take up space on the roadways. Barrels were suggested as a barrier and Mr. LiMarzi noted that the trucks could roll right over the barrel. A question was asked regarding whether any progress has been made in the possible construction of a light at the intersection of King and Ridge Street. Mayor Filipowski noted that there is a meeting in the works with Ron Tocci and Suzi Oppenheimer where they will offer their assistance in contacting Albany to try and put this light back into the plans. It was also noted that the Village has been trying to get the cooperation of Greenwich. Trustee Herman volunteered to lead the landscaping committee. He felt that a variety of trees should be planted and that they should be chosen carefully to ensure the maintenance of the trees and the long term aesthetics of the Village. Trustee Brackman noted that at a Tune meeting they were told that the noise walls would be erected at the beginning of the project. Residents are complaining about the visibility of the project and she asked why they have not yet been constructed. Mr. LiMarzi stated that they have been delayed due to discussions of color and configuration. The walls and posts are currently being made and the contractor is currently drilling the holes for the footings. Trustee Brackman asked if the flaggers have any training or qualifications. Mr. LiMarzi stated that they are certified and that they have the same authority as a police officer when they are directing traffic. Mayor Filipowski asked for comments from the floor. A resident of 35 Winding Wood Road addressed the Board. He noted that on the 5"'and 7"'of October, at approximately 1:30, a blast shook their homes. The first blast was reported to the police, who referred it to the County. After the second blast Mr. Vays was contacted directly. Mr Vays assured the resident that the blasting level was very acceptable. Mr. LiMarzi stated that weather and type of rock effect the noise of the blast. Although highly unlikely, if anyone feels that the blasts have damaged their homes,the contractor's insurer will inspect the house. The force of these blasts is being monitored by a seismograph. Mr. William Aughavin noted the Village has a Code that the contractors must work around. He felt that the State should not be exempt from the regulations in the Code and from Village policy which stipulates that work may not begin before 8:00a.m. Additionally, he asked that the tree committee become involved soon. Debbie Faust from Winding Wood Road addressed the Board. She noted that the Village lost trees that they did not think they were going to lose. Residents can now see the parkway and the noise is out of control. Also visible are the planes landing and taking off from the airport — which was not the case before the trees were removed. She felt the Village's quality of life has been negatively impacted and that it has become a horrible place to live and to come home to after a day of work She agreed that a tree committee should be formed and she volunteered to be a member. Substantial trees that grow quickly and are dense need to be planted. She felt that the noise at 5:40a.m.on Saturday, September 11' was totally unacceptable. She also commented on the sidewalk at the Ridge Street School. There had been a T to 5'area of grass alongside the sidewalk which gave the children plenty of room to walk. She also mentioned that the mesh fencing offers no protection. Mr.LiMarzi stated that they are working hard to keep things as safe as they can. Mayor Filipowski noted that on the past several Saturdays, the later start time of 7:00a.m, was being enforced. Mr.LiMarzi stated that they are trying to hold the contractor to the 7:00 a.m. Saturday start time. He also noted that the State can override local Codes but they try not to enforce that power. Mr. LiMarzi stated that a meeting with the school will be taking place very soon. Susan Epstein of Country Ridge Drive addressed the issue of the delay in the sound walls and volunteered for the tree committee. Mr. Vays stated that the delay in erecting the sound barrier was caused by discussion over the color of the wall. He also added that construction will be ongoing through the winter months and the original schedule has been kept. Joanne Hendrick of Winding Wood Road asked for clarification on the temporary bridge which will be in place by the end of November. Mr.LiMarzi noted that the temporary bridge does have a divider between the pedestrian and road areas. He will obtain a shop drawing available for anyone interested in reviewing it so that the bridge,and walkway,will be clearer. Mr. Amkraut of 35 Winding Wood Road stated that he found a dead bird behind his home. Jersey barriers from the construction have created puddles of water and he felt that these puddles could be breading grounds for the mosquitos. Mr. LiMarzi stated that this will be looked into and any standing water will be removed. Mayor Filipowski will check on this issue by Friday. Debbie Faust addressed the Board again. She noted that there are no trees left at all on Winding Wood and Country Ridge. She asked that at least a row of trees be planted to help out for the next couple of years. Mr. LiMarzi stated that anything that is planted now will interfere with the installation of the wall. Mrs. Faust fears that she will have more noise with the sound barrier than she did with the previous lining of trees. Mr. LiMarzi stated that the most noise that will be generated will be the sound of the tires on the pavement. They have run tests and found that there is no difference in the noise level between the trees and wall. Mayor Filipowski felt that the Village will have to look into a remark made about the State's ability to work beyond the time of our noise curfew ordinance. He believed that the contractors were to comply with local laws unless they obtained waivers. Mayor Filipowski thanked Mr. LiMarzi and Mr. Vays for attending the meeting. RESOLUTIONS: 1. CONSIDERING THE ADOPTION OF A NEGATIVE DECLARATION AND LOCAL LAW REGULATING WIRELESS AND ATTACHED WIRELESS TELECOMMUNICATIONS FACILITIES. Mr. Powell read the Resolution. ADOPTING A NEGATIVE DECLARATION AND LOCAL LAW WIRELESS AND ATTACHED WIRELESS TELECOMMUNICATIONS FACILITIES RESOLVED, that the action is found to be a Type I action under SEQR and the accompanying negative environmental declaration is adopted; and it is further RESOLVED, that the Local Law amending the Code of the Village of Rye Brook, Zoning, to add a new Section 250-39 to regulate wireless and attached wireless telecommunications facilities in the Village, is hereby adopted and enacted into law. Trustees Herman and Zuckerman noted that anyone wishing to build a tower will be subject to the application process, including an environmental review. Trustee Degling stated that now that the resolution was passed he felt it would be appropriate to review the satellite dish law. Mr. Miller replied that he would have to look at the specific language before he could comment on this. On a motion made by Trustee Zuckerman, and seconded by Trustee Degling, the Resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 2. CONSIDERING THE ADOPTION OF A LOCAL LAW PROVIDING FOR A REVISED AND STRENGTHENED ETHICS CODES. Mr. Russo read the following Resolution: ADOPTING A LOCAL LAW PROVIDING FOR A REVISED AND STRENGTHENED VILLAGE ETHICS CODE RESOLVED, that the Local Law repealing the existing Chapter 24 of the Code of the Village of Rye Brook and adopting a new Chapter 24 in order to revise and strengthen the Village Code of Ethics and to provide for annual financial disclosure, is hereby adopted and enacted into law. Trustee Degling corrected several typographical errors in the text of Local Law Filing. Trustee Herman made a suggestion in lieu of dropping the paragraph under discussion that simply revising the statement would serve the purpose. Trustee Brackman also commented on this change. Mr. Powell stated that these corrections could be incorporated in the final draft. Trustee Brackman thanked the Ethics Committee for all their hard work revising the Ethic's Code. On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman, the Resolution was adopted. There being no further comments, Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 3. CONSIDERING ADOPTING THE APPLICATION OF MYUNG-HO LEE, M.D., FOR AN AMENDED SPECIAL PERMIT AT 62 BOWMAN AVENUE FOR A MEDICAL PRACTICE. Mr. Powell read the following Resolution: APPROVING AMENDMENT OF SPECIAL PERMIT 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 WHEREAS, by Resolution adopted April 21, 1987 the Board of Trustees approved a special permit for a communications consulting business professional office at 62 Bowman Avenue, subject to conditions; and WHEREAS, Michael Goldstein made an application to amend this special permit for an attorney's office; and WHEREAS, on February 9, 1995 the Planning Board recommended the grant of the application; and WHEREAS, the application is found to be a Type I1 action under SEQR NOW THEREFORE BE IT RESOLVED, that the application to amend the special permit is granted; and it is further RESOLVED, that the following conditions and limitations shall apply in the place and stead of the conditions and limitations of the special permit granted on April 28, 1987: 1. The property may be used for an attorney's office. 2. There will be no more than five(5) full time employees on staff. 3. The hours of operation shall be limited to Monday to Friday from 9:00 am to 5:00 pm, Saturday from 9:00 am to 1:00 pm, and otherwise by appointment. 4. There shall be no structural changes or expansion of the premises. It was noted that this application is being made to establish a medical practice at 62 Bowman Avenue where-there is currently a legal practice. The Planning Board has recommended approval of the application and a public hearing was held on September 28, 1999. The application has satisfied SEQRA and will have no environmental impact on the community. The proposed amended Special Permit contemplates that the first floor will be used as a medical practice and the second floor as a satellite office for the law office. The use will be kept in conformity with the Special Permit provision. No more than five full time persons will be employed on the premises, including the attorney and the physician. The hours of operations will be Monday through Friday from 8:30 a.m.to 5:00 p.m, and on Saturdays from 9:00 a.m. to 1:00 p.m. There is a provision regarding fire sprinklers to be installed within seven years of the sprinkler law. Trustee Degling noted that provision#5 regarding the sprinkler system and its effective date of April 1, 1997. He asked that"...unless earlier required by the Building Inspector pursuant to such sprinkler law" be added. The reason for adding these words is that if the applicant presents a building permit application involving certain changes in the space that may trigger the sprinkler law which has a provision that whenever a commercial building, which this has now become, has more than 50% of alterations, or 50% of its value, then the sprinkler law becomes effective immediately. Trustee Zuckerman also commented on provision #5. He felt that it was awkward to put within seven years of the effective date and asked that the actual date be put in. It should read"...by March 31, 2004, which is within seven years of the effective date". He asked why a sprinkler system could not be required with the granting of any building permit. Trustee Degling responded that the sprinkler law provides for commercial buildings that have a substantial renovation,the space that is being renovated becomes subject to the sprinkler law and sprinklers must be immediately installed in that space. There is currently nothing before the Board that says that anything is going to be modified within the house. Trustee Zuckerman asked that this be added to the Resolution with the other conditions. Trustee Brackman noted that the rules should remain the same for all applicants. Mr. Powell stated that the Board could make this decision, however, if a fire sprinkler condition is put in this approval then you may be making policy on that on an individual basis. Trustee Degling felt that making this a requirement would be going beyond the philosophy of the law. Trustee Herman asked the applicant for his timetable for the change. Gary Gianfrancesco, President of Arconics Incorporated, representative for the applicant noted that there will be no real interior renovations to be undertaken by this change in use. Currently both floors of this building are currently used and Dr. Lee is merely substituting the attorney's office on the first floor with a doctor's office. The only change that will happen on that floor will be the inclusion of five feet of medical cabinets and a handwash sink in one room. The total cost of these renovations is $5,000. Mr. Gianfrancesco noted that the sprinkler system will, in all likelihood, wait until 2004 to be installed. Trustee Zuckerman expressed his opinion that zoning by special use permits is something that the Board needs to get away from. He looks forward to the Master Plan discussion, which will address this `creeping commercialism' which he is opposed to. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was approved. There being no further comments, Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Nay Mayor Filipowski Voting Aye 4. RATIFYING THE APPOINTMENT OF WILLIAM AUGHAVIN OF 16 MOHEGAN LANE AS ASSISTANT DEPUTY LOCAL DIRECTOR OF DISASTER AND EMERGENCY SERVICES. Mr. Russo read the following Resolution: WHEREAS, the Westchester County Office of Disaster and Emergency Services has requested that the Village of Rye Brook appoint an Assistant Deputy Local Director of Disaster and Emergency Services, and WHEREAS,Mr William Aughavin has been informally serving in this capacity, replacing Robert Ravich as the head of the Auxiliary Police force for the Village of Rye Brook, NOW THEREFORE BE IT RESOLVED, that the appointment by the Mayor of Mr William Aughavin of 16 Mohegan Lane as Assistant Deputy Local Director of Disaster and Emergency Services, is hereby ratified by the Board of Trustees, and be it FURTHER RESOLVED, that Mr Aughavin shall serve at the pleasure of the Board of Trustees. On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, the Resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski thanked Mr. Aughavin for the time he has devoted as an auxiliary policeman. 5. CONSIDERING THE ADOPTION OF THE SCOPE OF THE DEIS ON THE APPLICATION BY KF RYE BROOI{ GARDEN INN HOTEL. Bruno Gioffre addressed the Board in support of the application. Mr. Gioffre noted that this evening they had submitted three different scenarios for the Board to consider. Mr. Utschig, an environmental consultant, walked the Board through each scenario. Mr. Utschig noted that he was involved with this property when it was the Summerfield application and in the initial submission for this applicant. The first plan shows an area highlighted in yellow which represents the building and the grey area is the proposed parking. The relationship of the building and the parking lot, for both the front and side property lines, conform with the current zoning criteria which says that the parking should be setback 100' from the property line and the building should be set back t75'. This plan's current configuration complies with that criteria. The number of units in this plan is 154 and the parking is in accordance with the Zoning Code. The second plan is a shift in the location of both the building and the parking lot. This plan shows the parking from the side line is 78' where 100' is required. The building setback which is required to be 175' is now 150'. They were able to make adjustments with regard to how the parking is configured and reduce the intrusion into the wetland buffer. The third plan represented utilizing the space along the golf course to its fullest. The required setback has been reduced from 100' to 25' from the parking and the building setback conforms in this case at 175'. All of the parking has now been placed on the golf course side of the building. The amount of wetland activity is now reduced. The parking area would be split into two sections along the building. The applicant's preferred site plan is Alternative Site Plan 93. Mr. Miller asked for the number of stories on each of the three plans. Mr. Utschig replied that all plans have three story buildings. Mr Gioffre mentioned that the small dining room facility would be controlled by a magnetic card mechanism. Mr. Gioffre requested that the minimum lot size requirement be satisfied by a text change which would permit the inclusion of contiguous parcels under common ownership, the combination of which parcels equals or exceed the Code criteria for an H-1 zone development, He also expressed his opinion that the applicant has satisfactorily proposed the minimum size building that will ensure economic viability and meet Village concerns. He further added that the proposal provides for minimal imposition on the community's facilities and provides the Village with a good source of tax revenue. Mayor Filipowski asked Mr. Miller for an overview. He noted that he did not have an opportunity to review the submission which was submitted late Friday afternoon. He asked for time to review the application and suggested that the Board consider this item at a subsequent meeting. Trustee Zuckerman asked if during the analysis it was established whether a hotel of any kind can be placed upon the site in such a way to be totally Code conforming. Mr. Utschig stated that the applicant felt that they have provided a solution that deals with the zoning text. Trustee Zuckerman asked if there was a hotel site plan that not only conforms with the zoning criteria, but has appropriate wetland mitigation. Mr. Utschig felt that the current action as proposed would and does include a full wetland mitigation plan. His position was that the wetland buffer problem is not a problem at all and that an appropriate mitigation plan has been put forward. Mayor Filipowski asked about the limitations of this dining facility; customers, scope of food service, and the ability to serve alcohol. Mr. Miller stated that the Zoning Ordinance does not regulate this, but in this particular application, it would not be open to the public. Trustee Herman asked to see each of the three site plans explained more thoroughly. He felt that he did not have sufficient information to determine which of the three plans he would prefer. Trustee Degling referred to page 4 where the applicant speaks of emergency access. This driveway is not shown on these plans. He asked if the hotel had fewer than 150 rooms if it would avoid the need for wetland mitigation. Mr. Gioffre stated that the 154 rooms is based upon the judgement of the applicant that this facility will be economically viable. Trustee Degling stated that nothing that has been submitted has persuaded him into believing that 154 rooms are a necessity. Mr Gioffre noted that each removal of rooms to back away from the wetlands buffer would entail the removal of three stories of rooms. Additionally, he noted that the building can't be moved towards the street because of the 175' setback requirement and it can't be reconfigured because of the site's design. Trustee Zuckerman asked if the applicant was only building on a portion of the site because their hope was that part of the site would be taxed as a conservation unit. Mr. Gioffre noted that the first scenario included donating approximately 5 acres to the Village. He added that he felt that the `forever green' portion should be taxed at a lesser level, but taxed nevertheless. Trustee Zuckerman did not agree with Mr. Gioffre's analysis. A resident of the area felt that an appropriate study should be done to access the extra costs for fire, police, etc., as well as traffic problems that may arise with the structure. Steven M. Silverberg, Attorney for the Doral Green Homeowners Association, addressed the Board. Mr. Silverberg stated that the applicant was trying to completely modify the Zoning Code so that their proposal can now fit on this property. He submitted a letter to the Board that covers the eight areas where this application does not comply. The applicant is suggesting using 15 acres of the property, including the acreage located in the state of Connecticut in order to give them sufficient acreage to build a hotel of this size. He felt that reducing the size of the hotel may become uneconomical because the purchase price was too high and that the purchase price should have been based upon the size of the hotel that could have been built on this site. Additionally, the Building Inspector raised five additional issues where he felt he did not have sufficient information to make a determination. On at least four of the five issues you still do not have any information. He felt that an application for a smaller hotel that meets all of the zoning requirements should be submitted. Trustee Zuckerman felt that the key questions that need to be dealt with are the minimum side area and minimum frontage questions. He urged that F.P. Clark compile information and make it available to the Board and to the public. He also had an issue with the mitigation on the wetlands, questioning whether that mitigation will be sufficient and acceptable to the Board. Trustee Degling felt that it may be possible to build a hotel on this site but he was not sure that the applicant was coming up with the right size. Mayor Filipowski stated that the Board required more feedback from their planner. Mr. Gioffre asked to be scheduled for the next available Board meeting, which is planned for October 22°d. On a motion made by Trustee Degling, and seconded by Trustee Brackman, this application was adjourned to the next meeting. Mr. Peretz read the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye A brief recess was taken at 8:45 p.m. Upon their return, Mayor Filipowski called for the next item on the agenda: 6. CONSIDERING THE APPROVAL OF MINUTES: A. JUNE 22, 1999 B. JULY 13, 1999 C. JULY 27, 1999 D. AUGUST 31, 1999. Several corrections were made to the minutes and each was voted on separately. On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, the June 22, 1999 minutes were accepted. Mr. Peretz react the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, the July 13, 1999 minutes were accepted. Mr. Peretz read the roll: Trustee Brackman Abstained Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On a motion made by Trustee Herman, and seconded by Trustee Brackman, the July 27, 1999 minutes were approved. Mr. Peretz read the roll: Trustee Brackman Abstained Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman, the August 31, 1999 minutes were approved. Mr. Peretz read the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Abstained Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Trustee Zucker"man stated that there was a discussion about the Blind Brook Club presentation on July 27, 1999. He asked Mr. Russo if anything further could be shared with the Board. Mr. Russo reported that the costs that were used at that meeting exceed the Village's bonding capacity and thus at this point, he is unable to do any further regarding the possibility of purchasing the club. Mayor Filipowski noted that the Board should put the discussion of this topic on the agenda, together with the survey regarding a municipal pool. He felt that until the Village knows what they will do regarding the Blind Brook Country Club, going forward with a municipal pool would be premature. WRITTEN COMMUNICATION: 1. BRIAN FITZPATRICK, RE: POSTAL ZIP CODE INFORMATION Mr. Russo read a letter from Mr. Brian Fitzpatrick of the United States Postal Service responding to the Village's request for its own zip code. As mentioned in Mr. Fitzpatrick's letter, Rye Brook has been elevated to a preferred last line status which means that when someone requests mailing information about a residence or business completely located in Rye Brook, Rye Brook will appear in the last line of the address. He felt that this status established a separate and unique identity for Rye Brook. The letter further explained that our request was reviewed, but that it did not meet the Postal Service's requirements for a new zip code. Trustee Zuckerman noted that he had called Nita Lowey's office in August to have her check on the status of the Village's request and was told that the Postal Service had no record of our request. Ms. Lowey sent them a copy of our letter which was responded to in less than a month. Trustee Zuckerman noted that the Postal Service has a zip code boundary review process. He has a copy of this document and he noted that the obligations of the postmaster and community are set forth. A denial must be made in writing and the community must be made aware of its appeal process. The review process provides for a process of accommodations whereby the municipality can discuss, with the Post Office, certain alternatives. He noted that Rye Brook has not yet been afforded that opportunity and he requested that this matter be pursued further. 2. RANDY SOLOMON, CHAIRMAN, PARKS & RECREATION ADVISORY COUNCIL, REGARDING RECOMMENDATIONS TO ESTABLISH FUND TO RECEIVE DONATIONS TO PLANT TREES. Mr. Russo read the correspondence from Mr. Solomon. The letter requested the ability to establish a fund for donations to plant trees. Mr. Russo stated that if this requires further action then he will come back to the Board for a Resolution. 3. RANDY SOLOMON, CHAIRMAN,PARKS & RECREATION ADVISORY COUNCIL, REGARDING RECOMMENDED INCREASE IN DAY CAMP FEES. Mr. Russo noted that what was being recommended was incorporating the costs of the trips into the day camp fee. A fee schedule was included in Mr. Solomon's letter. This will be put on the agenda for the next Board of Trustee meeting. 4. SUSAN A. GLASS, FACILITIES, COMMITTEE, REGARDING RESIGNATION. Mayor Filipowski read a letter submitted by Susan A. Glass regarding her resignation from the Facilities Committee. He thanked her for all of the time she gave to the community. Trustee Zuckerman also offered his appreciation to Susan Glass for her dedicated service ANNOUNCEMENTS: ARBOR DAY CELEBRATION, FRIDAY, OCTOBER 15, 1999, 9:00 A.M. AT THE CIRCLE ON HORSESHOE LANE. Mr Russo read the Arbor Day proclamation. Mayor Filipowski announced that the next two meetings for the Board of Trustees will be held on October 26"' and November 9'. A Master Plan discussion and website presentation is scheduled for the October 26"' meeting. The mayor asked for comments from the public. Mr. Joseph Pellino addressed the Board. He made two comments regarding issues raised at the last Board of Trustee meeting. He noted that there is a sign law that applies to placing banners over Westchester Avenue. He understood that this was resolved but noted that this is clearly illegal. The next item addressed was the 12 month timeframe for fire negotiations. He noted that the 12 month time frame was the period of time in which a long term agreement was to have been reached. Although, he felt ongoing negotiations were necessary, he wished to correct the interpretation. He believed that a permanent contract with the Village of Port Chester is the preferred choice and he hoped that this comes to pass. Mayor Filipowski noted that they will discuss this issue at the Executive Session this evening. Mr. Ken Heller of 22 Lincoln Avenue addressed the Board regarding Bell Atlantic utility boxes. He noted that the developer of Red Roof Farm was not making any property available for this fiber optic equipment and that many of these boxes were going up in the area of Red Roof Farm. He felt that they were unsightly and that the locations were improper. Mr.-Carosi noted that he is having a meeting with Nynex regarding these boxes. . Trustee Brackman noted that at the last meeting she made some comments regarding the utility companies and how they would be able to handle the increase of population within Rye Brook. With the Board's permission she will draft a letter. Mayor Filipowski suggested that Trustee Brackman work with Mr. Russo on this issue. Mayor Filipowski asked for a motion to go into Executive Session on contract negotiation. Trustee Zuckerman made the motion which was seconded by Trustee Herman. Mr. Peretz read the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye There being no further business before the Board, the meeting was adjourned. Respectfully submitted, 4 Christopher I Russo Village Administrator/Clerk