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HomeMy WebLinkAbout1998-11-03 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 3, 1998-7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. CONTINUATION OF HEARING ON THE PROPOSED ZONING AMENDMENT REGARDING PUD ZONING AND THE PROPOSED SITE PLAN SUBDIVISION AND WETLANDS PERMIT APPLICATIONS FOR ARROWWOOD/PFIZER INC. RESOLUTIONS: 2. CONSIDERING ACCEPTING THE ARROWWOOD/PFIZER FEIS. 3. CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AMENDMENT APPLICATION BY SOUND FEDERAL SAVINGS AND LOAN FOR THEIR PROPERTY ON SOUTH RIDGE ST. 4. CONSIDERING THE BELLE FAIR ACCESS AGREEMENT. 5. REFERRING THE BELLEFAIR MIDDLE INCOME UNIT PLANS AND ELEVATIONS TO THE PLANNING BOARD. 6. DESIGNATING DATE OF VILLAGE ELECTION AND OFFICES OFFICES TO BE FILLED IN THE 1999 VILLAGE ELECTION. 7. AMENDING RYE BROOK RECREATION'S 1999 CAMP FEES. 8. CONSIDERING HIRING TWO POLICE OFFICERS. 9. CHECK REGISTERS. MINUTES: 10. SEPTEMBER 15, 1998 BOARD MEETING November 3, 1998 PAGE 2 COMMUNICATIONS: 11. HARRY KRAUSMAN, PLANNING BOARD CHAIRMAN REGARDING THE BOARD OF TRUSTEES' REQUEST FOR A MASTER PLAN STUDY. 12. ROBERT BECKER, CUB MASTER, PACK#122 REGARDING THE REQUEST TO SPONSOR A BIKE-A-THON IN THE VILLAGE OF RYE BROOK ON APRIL 24, 1999. NEXT TRUSTEES MEETINGS: NOVEMBER 17, 1998 DECEMBER 1, 1998 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,NOVEMBER 3, 1998—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 Donald E. Degling Trustee Joseph Pellino Trustee Euegen R. Strum Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Christian K. Miller, Frederick P. Clark Associates Victor Carosi, Village Engineer Assistant to the Administrator, Richard C. Slingerland Police Chief Robert Santoro William Gerety, Building Inspector Mayor Filipowski welcomed everyone to the meeting. He then skipped to Item#8 of the Agenda, in order to welcome two new police officers to Rye Brook's Police Department. 8. APPOINTMENT OF TWO POLICE OFFICERS. Chief Santoro introduced both officers and welcomed them to Rye Brook's Police Force. Mayor Filipowski noted that the Village had received a Federal Universal Hiring Grant in the amount of$25,000 for each of the next three fiscal years to help the Village fund the salary of one of the officers. The second officer was hired to replace Officer Gioffre who had recently retired. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION APPOINTMENT OF TWO POLICE OFFICERS RESOLVED,that Glenn Wilson of 39 Poplar Circle, Peekskill,NY and Eric Dengler of 263 Columbus Avenue, E. White Plains,NY are hereby appointed to the position of police officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it November 3, 1998 FURTHER RESOLVED,that the annual salary for the position is$31,790 with an effective stat date of November 4, 1998 and a probationary period of one year. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski returned to the agenda, and the Public Hearing portion of the meeting. PUBLIC HEARINGS: 1. CONTINUATION OF HEARING ON THE PROPOSED ZONING AMENDMENT REGARDING PUD ZONING AND THE PROPOSED SITE PLAN SUBDIVISION AND WETLANDS PERMIT APPLICATIONS FOR ARROW WOOD/PFIZER INC. Christian Miller, of F.P. Clark made a presentation on the proposal. The first key issue Mr. Miller commented on was that Arrowwood/Pfizer--when they estimated the total square footage of their proposal -- had omitted the area for the loading docks, storage, and garages. Mr. Miller felt that according to Rye Brook's zoning laws, the area could not be excluded from the proposal. The applicant also did not include the area of existing buildings. Mr. Miter disagreed with their assessment and felt that all existing buildings should be included in the proposal, including the tennis bubble on the premises. Mr. Miller felt that all of these exclusions would affect the final outcome of the project and should be corrected. Mr. Miller explained the pros and cons of increasing the floor area allowed for this project. The second issue Mr. Miller touched on was the concept plan. Mr. Miller suggested that the perimeter bumpers should be provided on the plans, that the names of all property owners be eliminated from the plan, that the zoning compliance chart be revised to reflect the changes discussed earlier, that the footnotes be revised to reflect certain modifications, that the title of the plan should be included, that bordering municipalities should also be designated, and any area that could be used for future development be designated. Mr. Miller concluded his presentation. The Mayor opened the floor to questions from the Board. Trustees Zuckerman, Pellino and Strum complimented Mr. Miller on his work and said he did a great job. Joel Sachs, Esq., reported to the Board that he had good conversations with the applicants. He felt they were close to having a deal worked out. Bruno Gioffre, Esq., also said that the deal was moving into the final stages, and should be signed soon. He thanked the Board for their assistance. There was a brief discussion on how to proceed. It was decided that the hearing on the Local Laws should be re-noticed for the November 17'Trustee Meeting. 2 November 3, 1998 Trustee Strum made the motion to adjourn the public hearing until 7:30 on the night of November 17"'. The motion was seconded by Trustee Pellino. Mr. Russo then read the resolution. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION RENOTICING A PUBLIC HEARING ON LOCAL LAWS INTRO. 6 AND 7 - 1998 AND PUD CONCEPT PLAN FOR D ORAL/ARRO W W OOD-PFIZER CONFERENCE CENTER EXPANSION RESOLVED,that the Board of Trustees of the Village of Rye Brook will conduct a Public Hearing on November 17, 1998, at 7:30 p.m. at. Village Hall, 938 King Street, Rye Brook, New York, on revisions to the following: Local Law Intro #6 of 1998 to designate and confirm the PUD District and establish the applicable PUD regulations for the Arrowwood and Doral Greens development and to amend the PUD Concept Plan, PUD Concept Plan for the Arrowwood-Pfizer and Doral Green Development, Local Law Intro. #7 of 1998 amending Section 250-7 (E) of the Code of the Village of Rye Brook to amend standards applicable to Planned Unit Development Districts; and it is FURTHER RESOLVED,that the Village Clerk shall cause notice of the public hearing to be published, posted and circulated as provided by law. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye RESOLUTIONS: 2. CONSIDERING ACCEPTING THE ARROWWOOD/PFIZER FEIS. Christian Miller of Frederick P. Clark Associates addressed the Board, briefly stating that there should be an addition to the resolution stating that the comment period on the FEIS should end on November 16th. There was a short discussion between Mr. Miller and Trustee Strum dealing with whether or not F.P. Clark's office would be able to respond to any comments received in time for November 17"'. 3 November 3, 1998 On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION ACCEPTING THE ARROWWOOD CONFERENCE CENTER FEIS FOR CIRCULATION WHEREAS, the Village of Rye Brook Board of Trustees received the Arrowwood Conference Center Final Environmental Impact Statement (FEIS) prepared by Saccardi& Schiff, Inc. on October 13, 1998. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby finds that the FEIS is complete for circulation to the appropriate agencies, and FURTHER RESOLVED, that the comment period on the FEIS will end November 16, 1998 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 3. CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AMENDMENT APPLICATION BY SOUND FEDERAL SAVINGS AND LOAN FOR THEIR PROPERTY ON SOUTH RIDGE STREET. Trustee Strum asked Mr. Miller if the Planning Board recommended approval, and Mr. Miller stated that they did. There were no further questions on the matter, and the Board proceeded to a vote. On the motion of Trustee Strum, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON AMENDED SITE PLAN APPLICATION SOUND FEDERAL SAVINGS AND LOAN RESOLVED, that the Board of Trustees will conduct a public hearing in Village Hall, 938 King Street, Rye Brook, New York on December 1, 1998 at 7:30 PM on the application of Sound Federal Savings and Loan to amend the site plan for the bank property at South Ridge Street to add remote tellers and reconfigure vehicular access and circulation. 4 November 3, 1998 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CALLING FOR A PUBLIC HEARING ON THE APPLICATION FOR SUBDIVISION PLAT APPROVAL BY WESTCHESTER AVENUE HOLDING COMPANY FOR THE PROPERTY AT 538 WESTCHESTER AVE,NUE. Trustee Degling suggested the Board pay close attention to the development and applications being considered between Westchester Avenue and Bowman Avenue and the Port Chester border. He felt there was a possibility the Board could unintentionally modify the master plan with out meaning to, due to the large number of resolutions and applications being received for that area. Trustee Zuckerman agreed with Trustee Degling's point. Trustee Zuckerman asked if the Board could receive the Planning Board's recommendation along with any applications for a public hearing. Trustee Strum reminded Trustee Zuckerman about a study done in the 1980's stating that the zoning in the Ridge Street, Westchester Avenue, Bowman Avenue triangle was correct. Trustee Pellino asked if the application met with all the zoning laws. Mr. Miller replied that it did meet all zoning requirements. Mr. Miller went on to briefly explain that even if the application met all the zoning requirements,there were other factors that must be considered when special permits were requested. The mayor asked Mr. Miller about a comment he had made in his report stating that if the applicant did not have future plan to subdivide, then the Village should require some legal restrictions. The mayor asked if we could require any legal constrictions. Mr. Powell said he had never seen a required legal constriction. Mr. Miller concluded by recommending that if the Board had any further concerns on the issue, they should discuss them soon with the applicant. On the motion of Trustee Strum, seconded by Trustee Zuckerman,the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON APPLICATION FOR SUBDIVISION PLAT APPROVAL WESTCHESTER AVENUE HOLDING COMPANY, LLC 538 WESTCHESTER AVENUE RESOLVED, that the Board of Trustees will conduct a public hearing in Village Hall, 938 King Street,Rye Brook, New York on November 17, 1998 at 7:30 PM on the application of Westchester Avenue Holding Company, LLC, requesting Subdivision Plat Approval for the property at 538 Westchester Avenue, Rye Brook. 5 November 3, 1998 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. CONSIDERING THE BELLEFAIR ACCESS AGREEMENT. There was no discussion of this item, and the Board proceeded directly to a vote. On the motion of Trustee Pellino, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION ACCEPTING ACCESS EASEMENT FROM BELLEFAH2 HOME AND LAND COMPANY RESOLVED, that the Village of Rye Brook is authorized to accept the construction access easement required by the High Point PUD approval resolution; 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 Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 6. REFERRING THE BELLEFAH2 MIDDLE INCOME UNIT SUBMISSION TO THE PLANNING BOARD. Kevin McManus,P.E., from Spectrum/Skanska USA, made a brief report on the status of construction at the Bellefair development. He stated that curbing and paving had been started, that home construction had been underway for some time now, and that 100 sales had been made. Mr. McManus invited the Board to tour the site to see the progress that had been made. Mayor Filipowski thanked Mr. McManus for his report. (The resolution for this item appears on the next page.) 6 November 3, 1998 On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION REFERRING BELLEFAIR MIDDLE INCOME SUBMISSION TO THE PLANNING BOARD RESOLVED,that the submission by Bellefair for the 12 approved middle income units are referred to the Planning Board for a report and recommendation and for preparing a program for administering such units; and it is further RESOLVED, that the Village Engineer is requested to correspond with Spectrum Skanska USA to request assistance which was pledged during the approval process. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 7. DESIGNATING THE OFFICES TO BE FILLED IN THE 1999 VILLAGE ELECTION. Mr. Russo read the resolution stating which offices would be filled in the 1999 election and the Board proceeded to their vote on this item. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION DESIGNATING OFFICES TO BE FILLED AND TERMS THEREOF FOR THE 1999 VILLAGE ELECTION WHEREAS, pursuant to Section 15-104, Sub. 3 (a) of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the offices and the terms thereof to be filled at the Village Election to be held on March 16, 1999. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes that the following Public Notice be posted and published in the Official Newspapers of the Village of Rye Brook, as follows: 7 November 3, 1998 PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Election in the Village of Rye Brook is to be held on Tuesday, March 16, 1999; and PLEASE TAKE FURTHER NOTICE,that the offices to be filled are: Trustees (2) for a two-year term of office commencing at noon on the first Monday in April, 1999, and concluding on the first Monday in April, 2001. By Order of the Board of Trustees Village of Rye Brook,New York Francis L. Filipowski, Mayor Christopher J. Russo, Village Clerk Trustee Degling Voting Aye .Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 9. CHECK REGISTERS. Trustee Degling asked about the overtime for one person who put in for$230 for a single meeting. Mr. Russo explained that was the charge for a clerk for the Zoning Board and that the charges included a number of meetings, as well as for preparing minutes of the meeting afterwards. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CHECK REGISTERS 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 19682 - 19737 Payroll 27328 - 27421 Environmental 165 Pre Paid 19680 Capital 2822 NOW, THEREFORE,BE IT 8 November 3, 1998 RESOLVED,that the Board of Trustees of the Village of Rye Brook after audit hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye COMMUNICATIONS: 10. HARRY KRAUSMAN,PLANNING BOARD CHAIRMAN REGARDING THE BOARD OF TRUSTEES' REQUEST FOR A MASTER PLAN STUDY. Mr. Russo explained this request from Mr. Krausman for a detailed Village map indicating remaining parcels that are undeveloped, and existing parcels that have development potential. Mr. Russo also suggested that Mr. Miller and his firm advise the Board and the Planning Board on what would be involved for the development of a master plan for the Village. There was a brief discussion with Mr. Miller about whether the map already existed, and if not, what it would take to develop it. Mr. Miller discussed the issue of a map, and put forth his feelings that the Board should consider establishing a master plan. The mayor asked Mr. Russo when would be a good time to schedule a work session on the master plan. There was then brief discussion on what a good time frame would be for this matter, and how to proceed and the mayor then closed this issue. 11. ROBERT BECKER, CUB MASTER, PACK#122 REGARDING THE REQUEST TO SPONSOR A BIKE-A-THON IN THE VILLAGE OF RYE BROOK ON APRIL 24, 1999. Mr. Russo read the request and discussed the proposed route for the bike-a-thon. He explained that the Cub Scouts wanted to use.a half-mile circle of roads including Bonwit Road,Elm Hill Drive and Old Oak Road, which he wanted closed to traffic for safety purposes. Trustee Strum asked if the residents would still have access to their houses. Mr. Russo suggested that Chief Santoro speak to Robert Becker and work out the final route, and the details of resident access. DISCUSSION: 12. CONSIDERING LOCAL LAWS ON CELL TOWERS AND ADULT ENTERTAINMENT Trustee Zuckerman commented that the Village had received inquires as to the construction of cell towers in the Village and felt that the Board Members needed to decide where they stood on these issues. The Mayor stated that Peter Bernbaum was looking into legislation that had been passed in other municipalities on cell towers and antennae. Mayor Filipowski suggested that Administrator Russo set up a committee to work with Mr. Bernbaum on this issue. Trustee Zuckerman stated that this issue be 9 November 3, 1998 referred to the Telecommunications Committee and the Village Attorney to draft a law on the subject. He suggested that the Village look into building a cell tower that could be rented out to create a new, substantial source of revenue. Mr. Powell briefly explained the different types of towers being constructed around the area. The Mayor asked Mr. Russo to follow up on this issue and look into creating a committee. Trustee Degling suggested that we look into our local code on satellite dishes at the same time, since that portion of the code is outdated. Trustee Pellino agreed that we should move forward on both these issues at this time. Trustee Pellino suggested that the Board ask the Village Attorney to draft legislation similar to that of other communities dealing with adult entertainment. Trustee Strum agreed and thought we need to create zones in which to restrict adult businesses, should one seek to open up in Rye Brook. Trustee Zuckerman agreed and suggested that we look at the law recently created in New York City. The Mayor suggested that creating the law could invite a business to Rye Brook. There was brief discussion on this possibility. ,The Board decided that Mr. Bernbaum should continue to work on the cell tower and cell facilities issue with the Village Attorney. They also decided to refer the issue regarding the possibility of an adult entertainment law to the Village Attorney. The Mayor announced that the next Board meetings would be on November 17°i and December 1", and that after the meeting there would be an executive session dealing with personnel and board appointments. He also announced that on November 9'at 5 p.m. there would be a hearing in reference to the hangar proposed by G.E. at Westchester County Airport. The meeting is to be held at the County Board of Legislators. The Mayor discussed how important this issue is to our community and that he wanted the Village to stay very involved. Trustee Strum asked for a report on how the fire department is proceeding. There was a brief discussion as to how the blending of the fire departments was working out. There was a general consensus and feeling that the Rye Brook Fire Fighters and the Port Chester Fire Department were working together cooperatively. The Mayor asked for a motion for an executive session. On the motion of Trustee Degling, seconded by Trustee Strum, the Board agreed to enter into an executive session on personnel and board appointments by a vote of 3-2, Trustees Pellino and Zuckerman voting no. There being no further business, the meeting was adjourned at 9 p.m. Respectfully submitted, Christopher I Russo Village Clerk 10