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HomeMy WebLinkAbout1997-11-18 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES --AGENDA MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 18, 1997 -- 6 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: ACTION: 1. RECONVENING A PUBLIC HEARING TO CONSIDER LOCAL LAW INTRO. #3 - 1997 ENACTING BULK STANDARD ZONING CODE PROVISIONS. RESOLUTIONS: 2. CONSIDERING THE PROPOSED SUBDIVISION AND WETLANDS APPLICATION BY HILI ANDALE ASSOCIATES FOR 24 HILLANDALE RD, SEC. 1, BL. 7, LOTS 2B2 AND 3B2. 3. CONSIDERING THE SITE PLAN APPLICATION BY CERASO FOR THE PROPERTY AT SO. RIDGE ST. & BOWMAN AVE. 4. AUTHORIZING SMALL CLAIMS ASSESSMENT STIPULATION OF SETTLEMENT FOR THE OWNERS OF 14 ROCKING HORSE TRAIL. 5. CONSIDERING ENTERING AN AGREEMENT FOR THE STOP DWI PROGRAM WITH WESTCHESTER COUNTY. 6. CHECK REGISTERS. REPORT: 7. LOCAL LAW INTRO. #10-1997 TO INCREASE THE MAXIMUM VETERAN'S PROPERTY TAX EXEMPTION UNDER THE NYS REAL PROPERTY TAX LAW. DISCUSSION: 8. HIGH POINT VILLAGE PROPOSAL. NEXT MEETING DATES: AGENDA MEETING DECEMBER 2, 1997 REGULAR MEETING DECEMBER 16, 1997 9 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES 006568 VILLAGE OFFICES 938 KING STREET RYE BROOK,NEW YORK NOVEMBER 18, 1997 6:30 p.m. CONVENE MEETING The Meeting was called to order at 6:30 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 Police Chief Robert Santoro Village Planning Consultant Christian K. Miller Mayor Cresenzi began the meeting with a moment of silence in deference and tribute to Lieutenant Joseph Ciccone, who had died just days prior to the Village Board Meeting. PUBLIC HEARINGS: 1. RECONVENING A PUBLIC HEARING TO CONSIDER LOCAL LAW INTRO. #3 - 1997 ENACTING BULK STANDARD ZONING CODE PROVISIONS: Mayor Cresenzi recommended the item be adjourned until December 16, 1997 and the Board agreed. RESOLUTIONS: 2. CONSIDERING THE PROPOSED SUBDIVISION AND WETLANDS APPLICATION BY HILLANDALE ASSOCIATES FOR 24 HH,LANDALE RD SEC 1 BL 7 LOTS 2112 AND 3112: Trustee Pellino originally voted no on this proposal and said that he would vote no again because he disagreed with the variation of the requirement with regard to the side lot lines. He said that it was necessary to uphold the subdivision regulations and that it was not possible for the lot lines to comply with the Village's subdivision regulations. Trustee Strum originally voted no on this proposal and said that he would vote no again because he viewed both lots as nonconforming lots. He said that the proposed lot configuration did not meet the Village's zoning code. In addition, he had other concerns about the environment. November 18, 1997 006569 Trustee Zuckerman originally voted no on this proposal but said that he would vote in support of it this time because he believed substantial changes had been made to the lot lines. He said that there was no conflict of interest regarding this proposal even though the subdivision was on his street. Mayor Cresenzi originally voted for this proposal and said that he would vote for it again because he viewed the application as the same application. He said that it had sufficient setbacks, it exceeded the minimum lot area, and it met zoning requirements. In addition, he said that the house fits in with the character of the neighborhood. Trustee Tunis originally voted for this proposal and said that she would be voting for it again because it was in compliance with the law and it fits in with the neighborhood. On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION HILLANDALE ASSOCIATES SUBDIVISION 24 HILLANDALE ROAD SECTION 1, BLOCK 7,LOTS 211-2 & 311-2 (Approval) WHEREAS, on July 1, 1997, Hillandale Associates, by Michael Neuman, 3rd Street, Rye, New York, 10580, made an application to subdivide 1.036 acres of land in the Village of Rye Brook at 24 Hillandale Road, situated in an R-20 zoning district in which a minimum lot size of 20,000 square feet is required; and WHEREAS, approval is sought to subdivide the 45,133 square foot parcel into 2 lots having a net lot area of 20,042 square feet (Lot 1), and 20,017 square feet (Lot 2), with the existing single family residence and garage to occupy proposed Lot 2; and WHEREAS, a prior application for this property was the subject of a previous Planning Board and Advisory Committee on Environmental Conservation report and recommendation; and WHEREAS, on September 9, 1997 and.September 23, 1997, the Board of Trustees conducted a public hearing on the application after due notice, which application consists of the following plans: 1. Preliminary Plat, Proposed Subdivision at Hillandale Road, Village of Rye Brook, Westchester County, NY, dated January 11, 1996, last revised October 1, 1997 (one sheet), prepared by Ralph George Mastromonaco, P.E., Consulting Engineer; and 2. Wetlands Mitigation Plan, Proposed Subdivision at Hillandale Road, Village of Rye Brook, Westchester County,NY, dated January 11, 1996, last revised September 9, 1997 (one sheet, 2 of 3), prepared by Ralph George Mastromonaco, P.E., Consulting Engineer; and 2 November 18, 1997 006570 3. Standards/Special Details, Proposed Subdivision at Hillandale Road, Village of Rye Brook, Westchester County, NY, dated January 11, 1996, last revised September 9, 1997 (one sheet, 3 of 3), prepared by Ralph George Mastromonaco, P.E., Consulting Engineer; and WHEREAS, any future construction or disturbances on proposed Lot 1 are regulated activities pursuant to Chapter 245 of the Code of the Village of Rye Brook, Wetlands and Watercourses, and will require the issuance of a Wetlands Permit; and WHEREAS, as required by the Village Wetlands and Watercourses Law, the applicant has also made a wetlands permit application for the construction of the proposed home and related disturbances within a 100-foot wetlands buffer area located on a proposed Loll; and WHEREAS, the Board of Trustees finds that the impacts on the Wetland Buffer are necessary and unavoidable if another home is to be built on the property; and WHEREAS, based upon a review of the environmental assessment form(EAF), public comments, recommendations and considering the nature of the application, which seeks approval to construct a single family dwelling in a residential area, the proposed action is found to be an unlisted action under the New York State Environmental Quality Review Act (SEQRA), which action will not have a significant adverse impact on the environment and, therefore, a draft environmental impact statement will not be prepared; and WHEREAS, the variation from the requirement that side lot lines generally be at right angles to street lines is being allowed because it is not substantial and will give a better lot arrangement; and WHEREAS, it is found that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes, based on an evaluation of the present and anticipated future needs for park and recreational facilities, including projected population growth to which this subdivision will contribute, but, after assessing the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood, a suitable park or parks of adequate size to meet the requirements cannot be properly located on the subdivision plat, therefore, in lieu thereof a recreation fee shall be paid. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the application by Hillandale Associates for final plat approval, as shown on the plans identified above, is granted and the Mayor is authorized to sign the plat, subject to the following conditions: CONDITIONS TO BE COMPLETED BEFORE PLAT IS SIGNED 1. A recreation fee in the sum of$5,180 shall be paid to the Village prior to the signing of the plat. If not paid within 90 days of adoption of this resolution, the recreation fee shall be determined in accordance with the fee schedule in effect at the time the applicant requests the final plat be signed. 3 November 18, 1997 006571 2. The plat shall be endorsed by the Westchester County Department of Health prior to the signing of the plat, if required. 3. The plat shall not be signed, and no construction on Lot 1 shall take place, unless and until a wetland permit is granted and issued. [This subdivision plat approval does not grant the wetland permit required for construction on Lot 1.1 4. Prior to the signing of the plat, the plans shall be reviewed and approved by the Village's Engineer. The plat shall be revised to show the building envelope on Lot 2. OTHER PLAT CONDITIONS 5. No fence shall be constructed on the lot lines along Hillandale Road or on any side of any lot lines on the triangular area adjacent to Hillandale Road. 6. A common driveway easement, satisfactory to the Village Attorney, shall be filed in the Office of the County Clerk contemporaneously with the filing of the plat. 7. 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 and shall present verification to the Village Attorney in the form of a receipt signed by the purchaser. AND TT 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 completed prior to the signing of the plat, are certified as completed,unless this approval is extended on application to the Board of Trustees; and it is FURTHER RESOLVED,that the issuance of a Wetlands disturbance permit is granted in accordance with the plans-identified above, subject to the following conditions: WETLANDS DISTURBANCE PERMIT CONDITIONS 1. A 100% cash bond in the sum determined by the Building Inspector shall be posted with the Village to guarantee adherence to and completion of the erosion control measures and Wetlands mitigation plan, prior to the conduct of any activities under the Wetlands disturbance permit. 2. 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, or their designated representative. 3. The Wetlands disturbance permit shall expire one year after the date the plat is filed with the County Clerk, unless extended by the Board of Trustees. In the event that this plat approval shall expire, or the signed plat is not filed with the County Clerk within the time required by law, the Wetlands disturbance permit shall also expire. 4 November 18, 1997 006572 4. The 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. 5. The Wetlands disturbance permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. 6. The size indicated on the wetland buffer enhancement planting legend shall be revised as follows: Red Osier Dogwood 3011 - 36" Highbush Blueberry 3011 - 3611 Winterberry 3011 - 3611 7. Note 2 on the Wetland Mitigation Plan shall be revised to read as follows: 2. Activities on Lot 1 are restricted by the Village Wetland Law after construction for those areas within the 100 foot Wetland/Watercourse Buffer Area. The activities proposed north of the "Permanent No Disturbance Line" are limited to lawn care and recreational uses. South of the 'Permanent No Disturbance Line", closer to the Watercourse, no activity, including clearing, grading, tree trimming or cutting shall be allowed except in the case of emergencies as allowed under the Village Wetland Law and the removal of invasive, non-native species as indicated in Note 1 above. 8. Note 3 shall be added to the Wetland Mitigation Plan and shall read as follows: 3. All mitigation plantings outside of the haybale/silt fence sedimentation barrier shall be done by hand. 9. The proposed planting shall be extended along the length of the revised 'Permanent No Disturbance Line" that is parallel to Hillandale Road and that at least ten additional plants of the type and size indicated on the revised enhancement planting legend shall be added to the plan. 10. The haybale silt fence sediment barrier shall be relocated to coincide with the edge of the disturbance line. 11. The plan shall be revised to increase the size of the proposed enhancement area so that it is twice the proposed disturbance area, and to shift the dwelling on Lot 1 approximately five feet (S) in the northerly direction away from the wetlands. TRUSTEE STRUM VOTING NO TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING NO MAYOR CRESENZI VOTING AYE 5 November 18, 1997 U0657J 3. CONSIDERING THE SITE PLAN APPLICATION BY CERASO FOR THE PROPERTY AT SO. RIDGE ST. & BOWMAN AVE.: Mayor Cresenzi said that the applicant spoke to I{en Powell and that he and the applicant's attorney needed to discuss some problems the applicant had over the wording of the resolution. This item was put over until December 2, 1997. 4. AUTHORIZING SMALL CLAIMS ASSESSMENT STIPULATION OF SETTLEMENT FOR THE OWNERS OF 14 ROCKING HORSE TRAIL: Trustee Zuckerman said that the Board should review the information before voting on this issue. Mr. Powell agreed and said that it was worth looking into the statutes. Trustee Tunis withdrew her motion and this item was put over until December 2, 1997. Trustee Pellino said that the Village had been challenged by corporations and homeowners to decrease their taxes and in turn the Village's property tax revenue. He added that Westchester County had appealed to the governor and the state legislature to pass legislation authorizing a county-wide revaluation. He said that the Village should write to the State leaders and the Governor asking them to take action because the Village would suffer severe service reductions without a revaluation. He thought that a County wide property tax re-evaluation was a good idea because it could be phased in to protect senior citizens. The Board asked Mark Tulis to come to the next meeting to talk about some of the issues at hand. Trustee Zuckerman thought that it would be a good idea to have someone advise the Board on the small claims certiorari process. 5. CONSIDERING ENTERING AN AGREEMENT FOR THE SOP DWI PROGRAM WITH WESTCHESTER COUNTY: On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION AUTHORIZING A STOP-DWI PATROL REIMBURSEMENT PROGRAM INTER-MUNICH'AL AGREEMENT WITH WESTCHESTER COUNTY RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement for the 1998 calendar year with Westchester County for the provision of Stop-DWI Patrol Services by the Village of Rye Brook("Stop-DWI IMA"); and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6 November 18, 1997 006574 6. CHECK REGISTERS: On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: On-Line Checks 17367 - 17452 Payroll 24134 - 24331 Pre Paid 17249 Capital 2778 - 2780 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: 7. LOCAL LAW INTRO. #10 - 1997 TO INCREASE THE MAXIMUM VETERAN'S PROPERTY TAX EXEMPTION UNDER THE NYS REAL PROPERTY TAX LAW: Administrator Russo said that originally, the maximum caps were low which negatively affected veterans. He said that they wanted to increase the benefits to veterans as a whole. The Board agreed that the item should be put on the agenda for the December 2, 1997 meeting. DISCUSSION: 8. HIGH POINT VILLAGE PROPOSAL: Anthony Veneziano, Esq., representing the developers of High Point Village, said that they would submit revised plans on Thursday night. He said that they would move towards the recommendation of the Planning Board and that they were looking for this recommendation by December 11, 1997. Kevin McManus, P.E. discussed the proposal and the revisions and fine tuning of certain aspects of it. He spoke about the Village Green and said that they would present a full grading and utility plan to the 7 November 18, 1997 006575 Board of Trustees. He described the Green by saying that the alleyways flanked the Green, the homes lined the approach road, the senior duplexes were on the perimeter, and that access could be taken from the alleyways. Then he spoke about the Community Center and said that several trees would remain and that transitions in grade would be made down to the patio and then to the pool deck. He said that it would keep with the character of King Street. Trustee Zuckerman asked about the 18 foot driveways with cars parked on the road. He wanted to know if parking would be restricted. Mayor Cresenzi said that there would be a Joint Planning Board meeting on Thursday night at 7:30p.m. to further review the proposal with the Planning Board and to reach a conclusion on the issue of road width. He then announced the next meeting dates and the meeting was adjourned. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk 8