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HomeMy WebLinkAbout1996-12-10 - Board of Trustees Meeting Minutes December 10, 1996 AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING TUESDAY, DECEMBER 10, 1996, 7:40 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. REOPENING THE PUBLIC HEARING ON THE SUBDIVISION APPLICATION FOR BLIND BROOK ESTATES BY PETER MURRAY FOR THE PROPERTY AT 998 KING ST. 2. PUBLIC HEARING ON A LOCAL LAW PRESCRIBING BULK STANDARDS IN R-15 ZONING DISTRICTS. RESOLUTIONS: 3. RESOLUTION ENACTING A NO RIGHT ON RED AT WESTCHESTER AVENUE AND RIDGE STREET AND LEAVING 200 SOUTH RIDGE STREET SHOPPING CENTER. 5. RESOLUTION SETTING A PUBLIC HEARING FOR 1/7/96 AT 8 P.M. AT THE POSILLIPO CENTER, 32 GARIBALDI PLACE REGARDING SENIOR HOUSING APPLICATION AND ZONING TEXT AMENDMENTS FOR THE LARIZZA SR. HOUSING APP. DISCUSSION: 4. REQUEST AUTHORIZATION FOR A SPECIAL EXCEPTION USE PERMIT AND PERMANENT EASEMENT FOR INSTALLATION OF A BERM ON THE VILLAGE RIGHT-OF-WAY FRONTING 503 COMLY AVENUE. NEXT MEETING DATES: SPECIAL MEETING --DECEMBER 17, 1996 REGULAR MEETING-- TUESDAY, DECEMBER 24, 1996 CANCELLED FOR HOLIDAY AGENDA MEETING-- TUESDAY, JANUARY 7, 1996 287 MINUTES OF AN AGENDA MEETING 6 VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK DECEMBER 10, 1996 7:30 P.M. MEETING CONVENED: Mayor Cresenzi called the Meeting to order at 7:40 p.m. and the roll was called. 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 Village Treasurer Joseph Cortese Secretary to the Village Board Lisa B. Marinaccio Fire Chief William Dee McCluskey Planner, F.P. Clark & Associates, Christian K. Miller Assistant to the Administrator Richard C. Slingerland Building Inspector Vincenzo Tamburro Mayor Cresenzi announced that although there was a newspaper article stating that the proposed vote on the West Street/Grant Street Senior Housing Project would take place tonight, no action would be taken on that issue this evening. Instead, the hearing would be held on January 7, 1997, at 8 p.m. at the Anthony J. Posillipo Center on Garibaldi Place. Mayor Cresenzi asked for a motion to change the January agenda meeting to January 7 at 8 p.m. On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION CHANGING REGULAR MEETING DATE TO JANUARY 7, 1997 RESOLVED,that the Village of Rye Brook, Board of Trustees hereby changes the date of its January Agenda meeting to 8:00 p.m. on Tuesday, January 7, 1997; and be it FURTHER RESOLVED,that the January 7, 1997 Agenda Meeting will be held at the Anthony J. Posillipo Community Center's multi-purpose room, 32 Garibaldi Place, Rye Brook, New York. i 006288 December 10, 1996 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. SETTING A PUBLIC HEARING FOR 1/7/96 AT 8 P.M. AT THE POSILLIPO CENT 32 GARIBALDI PLACE REGARDING SENIOR HOUSING APPLICATION AND ZONING TEXT AMENDMENTS FOR THE LARIZZA SR. HOUSING APP.: On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was adopted as amended: RESOLUTION SETTING A PUBLIC HEARING DATE ON A SPECIAL PERMIT/SITE PLAN APPROVAL AND ZONING TEXT AMENDMENTS FOR THE WEST STREET/GRANT STREET SENIOR HOUSING APPLICATION SUBMITTED BY LOUIS LARIZZA RESOLVED, that a public hearing shall be held by the Village of Rye Brook Board of Trustees at its Regular Meeting scheduled for Tuesday, January 7, 1997, at 8:00 p.m. at the Anthony J. Posillipo Center's multi-purpose room, 32 Garibaldi Place, Rye Brook, New York, 10573, on the Zoning Text Amendment Application for West Street/Grant Street Senior Housing proposal submitted by Ralph George Mastromonaco, P.E., on behalf of Louis Larizza. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Mr. Miller stated that the delay of the vote on the project was due to a notice deficiency to the City of Rye. It was determined, in a strict reading of the Code, that since the property is part of the St. Mary's Cemetery which touches the City of Rye, the applicant was required to notify the City of Rye. 1. REOPENING THE PUBLIC HEARING ON THE SUBDIVISION APDL. FOR BLIND BROOK ESTATES BY PETER MURRAY FOR THE PROPERTY AT 998 KING ST. After Administrator Russo read the Resolution, the Mayor opened the floor to speakers. RESOLUTION RE-OPENING THE PUBLIC HEARING ON THE BLIND BROOK ESTATES SUBDIVISION APPLICATION BY PETER MURRAY 998 KING STREET-- SECTION 1, BLOCK 5, LOTS 8B, 2B 006289 December 10, 1996 WHEREAS, on October 22, 1996, the Board of Trustees opened the public hearing on the Blind Brook Estates Subdivision Application and at the request of the applicant adjourned the public hearing; and WHEREAS, at such time, there was a Court Order temporarily restraining the applicant from proceeding with the application, in which case the Village was not joined as a party; and WHEREAS,by letter dated October 30, 1996, Peter Murray requested that the application be placed on the next Village agenda advising that the judicial restraint against applicants pursuing the application had been lifted; and WHEREAS,Milton Berner, Esq., the attorney for the Plaintiff Blind Brook Club, Inc., confirmed the restraining order does not now prevent the applicant from pursuing the application before the Village Board; and WHEREAS, it is now necessary for the Village to re-open the public hearing on the subdivision ,application and to re-notice the hearing. NOW, THEREFORE, BE IT HEREBY RESOLVED,that the Village Board will re-open the public hearing on the Blind Brook Estates Subdivision Application on December 10, 1996, at 90 South Ridge Street, Rye Brook, New York, at 7:30 p.m. in the Village Offices; and be it FURTHER RESOLVED, that the Village Clerk will re-notice the public hearing in the Village's Official Newspaper and the applicant give customary notice to surrounding property owners. Mr. Mastromonaco's opening statement described the property and the proposed subdivision with five homes and a small road. He proceeded to answer questions from the Board. The lot size would range from 21,000 square feet to 26,000 square feet. He further described the frontage on the individual lots. The road would be 13 feet from the edge of the road to the property line and the Applicant proposed that it be dedicated to the Village of Rye Brook. Mr. Miller stated that the portion of the adjacent lot to the north would have frontage on two streets, which would create a non-conformity. Mr. Miller stated the Planning Board did not consider the continuation of the roadway to adjacent properties. He stated there was discussion regarding the proliferation of cul de sacs, as well as concern regarding the separation of this proposed roadway from the existing roadway located to the south, as well as the relationship of the roadway to the driveway on the adjacent property. Mr. Miller opined that the relationship between the proposed road and the paper street would not present a problem. Gaining future access to the paper street would require the coordination of two or three properties, so while continuation might be a consideration, the possibility of all factors coming together would be fairly remote. Mr. Miller stated the front yard set back for a principal building is 40 feet. Discussion ensued regarding front and side lot set backs. He stated that there has to be a better solution than providing a one foot separation from the adjacent property. On the question of whether the side lot line would affect the neighbor, Mr. Zuckerman stated that it was not determined whether it would be a front or side lot line. December 10, 199b)0 6 2 9 0 Mr. Pellino raised the issue of frontage in Lot#2 from a Frederick P. Clark memo dated May 3, 1996, which stated, "Lot 2 as shown in the plan has frontage on King Street and on the cul de sac. §219-33(E) of the Village's Subdivision regulations called that kind of planning inappropriate and it should not be done." From a Planning perspective, the house would front on two sides, and that could create potential problems in terms of privacy and provision of municipal services. Mr. Miller stated that it would result in the preferred arrangement of providing a new road and not have individual driveways onto King Street. Mr. Pellino asked if the possibility of four lots rather than five had been discussed with the Planning Board. Mr. Pellino described a proposed four lot design, and stated that with a four lot subdivision, all of the issues would be addressed and resolved. Mr. Miller stated that the Planning Board did discuss some variations, but there was a split regarding the number of lots. Other board members argued that all of the lots had been gerrymandered to get one additional lot out of a property that should yield only four lots. To comply with the through lot what would need to happen would be that the lot lines separating lots 1 and 2 would be shifted south 31.22 feet to form an intersection at that point, altering the entire design. ,Trustee Strum suggested that it would be beneficial to explore the multiple access possibilities for the future, especially for emergency services personnel having more access. It was suggested that the road be moved to somewhere in the middle to make future access possible and changing the subdivision from five lots to four. Mr. Miller thought a turn around should be provided, whether required by the Code or not, so that at some later date the"bulb" of the cul de sac could be cut back to provide a through street. Mr. Miller urged the Board to consider the best location for a cul de sac. Mr. Miller mentioned that the property immediately to the north could be the subject of a similar application. Providing some future connection to the adjacent property from the existing roadway would be preferred over providing some sort of access from the adjacent property, such as in the form of an easement. The Mayor asked if Mr. Miller was suggesting a provision for a north/south road parallel to King Street up to Anderson Hill Road. Mr. Miller responded no, that the relevance would be to the adjacent property to the north. Mr. Zuckerman asked about three properties to the north of the site and whether they were all approximately the same size. Mr. Miller replied that they were not. Mr. Zuckerman stated the main concern is avoiding an eventual series of cul de sacs. The Mayor asked how that could be accomplished, especially when the largest parcel is on the northernmost corner of the property at the intersection of Anderson Hill Road and King Street. In order to accomplish those goals, a road would have to be mapped out to Anderson Hill Road. The Applicant, Peter Murray of 762 King Street, addressed planning for the future and considering using the "paper street" to accommodate the other two properties. He believed that the Blind Brook Country Club had agreed with the Town of Rye not to develop the property for 40 years. He suggested looking at the application as is rather than trying to build the Village around a three acre parcel. Milton Berner Esq. of 17 Elm Place, Rye, representing the Blind Brook Country Club, appeared in opposition to development of the proposed five lots. He noted the pending lawsuit in NYS Supreme Court through which the Blind Brook Country Club was seeking to enforce a covenant between the Blind Brook Club and the property in question limiting it to two houses rather than five. The decision had not yet come down, although it was expected by the end of the year. He noted that in September, 1996, two letters were written by employees of the Blind Brook Club indicating a drainage problem and a sewer problem which would have to be corrected. He stated there was no agreement that there would be no development for 20 to 40 years. Mr. Berner stated that the developer was asked as a concession to limit 006291 December 10, 1996 development to three homes, since the covenant called for two. If the developer was willing to propose the project with three houses, then the Blind Brook Club would agreed to modify the covenant. Mr. Berner presented to the Clerk the employee letters to be added to the record. Mr. David Genova, a King Street resident for approximately 19 years, approached to speak. He stated that most of the people who have lived on King Street have been long-term residents. He stated that Rye Brook's "country feeling" is being lost. He urged the Board to consider the drainage problem and the water pressure problem. The Mayor responded that a property owner has a right to develop land. He stated, "That right cannot be denied, within reason, or it is considered a taking of the land." The Board was trying to minimize the impacts on the surrounding neighborhood, but there was no way to prohibit the property from being developed outright. However, under the State Environmental Laws (a.k.a. SEQRA) without the public hearing the project would be approved by default within 62 days. He noted the pending lawsuit and mentioned that the judge's decision would ultimately impact the Board's action. Approval tonight would ,not necessarily mean that the development would be built. Mr. Walter Niles, P.E., Country Ridge Drive, commented regarding the water and drainage problems. Rhoda Steinberg, 1000 King Street, stated her strong opposition to the proposal. She believed five lots too dense for the property and believed it would create a serious impact on the neighbors and on King Street. She invited the Board to see the existing water problem and"illegal" dumping on the property after the house had been torn down. She further asked the Board to consider the result of putting a road too close -- between 5 and 13 feet --to her property. Finally, she mentioned the change in the quality of life along King Street because of development and traffic. Next, Mayor Cresenzi asked Village Attorney Ken Powell to comment on the application history. Mr. Powell stated that the application had gone through the Planning Board process. Following that, there would be a public hearing before the Village Board. The SEQR process provided for the environmental assessment to be presented by the applicant. The Board would have the choice between issuing a negative environmental declaration that the action will not significant adversely impact the environment or a positive declaration, which would require an Environmental Impact Statement. Mr. Andrew Bernstein, King Street, asked if the meeting was postponed because some of the environmental studies were not yet provided. Mr. Powell stated the public hearing was called after the Planning Board reported its recommendation to the Village Board. After calling the public hearing, a lawsuit was commenced and a temporary restraining order was issued which precluded the applicant from presenting the case at the public hearing, which is why the hearing was adjourned. The restraining order had subsequently been lifted and the Board was required to hold the hearing. Ms. Geri Chapman, a King Street resident, stated she lives two houses north of the property, and supported the assertions about the existence of a drainage problem on the site. She reminded the Board that when the Blind Brook Club was built, the Club agreed to run the sewer along the property line with the residents paying for their share and that the sewer was not built for five additional houses. 6292 December 10, 1996 Mr. Powell stated that the Board has the option to continue the Public Hearing or close the Public Hearing and start the clock on another portion of its review. If the Board needed more information or time to consider, it should continue the Public Hearing to the next meeting. Mayor Cresenzi asked if the road information was something that should be pursued. Mr. Miller answered that it should be considered, with a focus on its relationship to the property to the north. Mayor Cresenzi proposed adjourning the Public Hearing to January 7, 1997. Mr. Murray stated his objection to continuing the public hearing with regard to the road. Mr. Ira Bernstein of 39 Country Ridge Drive North stated that there is a major drainage problem on the site, and that development would certainly increase the drainage problem going all the way from Country Ridge Drive North and into Country Ridge Drive. He suggested that a much more significant study should be done on the effects of drainage and the impact on drainage from the property being fully developed. He also stated that the sewer easement lies on his property and he did not want to see it fail along his house. He asked that the public hearing remain open so these implications could be studied. Ms. Marilyn Bartlett, a King Street resident, approached to speak. She was very opposed to the development because she commutes from New York City and enjoys the peace and quiet in Rye Brook. Trustee Zuckerman asked if the water problem was reviewed by the Planning Board. Mr. Miller responded that the Applicant prepared a hydrology study that was reviewed and referred to Dolph Rotfeld. The Mayor asked that a copy be sent to each Board member. Trustee Zuckerman asked if Mr. Rotfeld could review the hydrology report with the Board to further inform them for the SEQR process. Mr. Mastromonaco supported Mr. Murray in stating that the public hearing should be closed. He further stated that the water problems described do not affect his property. Mr. Miller asked the Board to extend the hearing to allow staff to review the hydrology report. Mayor Cresenzi called for a motion to hold the hearing to January 7th, 1997. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the motion to continue the hearing on January 7, 1997, at 8 p.m. in the Anthony J. Posillipo Center, 32 Garibaldi Place, was adopted as follows: TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 2. A PUBLIC HEARING ON A LOCAL LAW PRESCRIBING BULK STANDARDS IN- R-15 ZONING DISTRICTS: Mayor Cresenzi opened the second public hearing. RESOLUTION A PUBLIC HEARING 00 293 December 10, 1996 ON A LOCAL LAW PRESCRIBING BULK STANDARDS IN R-15 ZONING DISTRICTS WHEREAS, by Local Law#1-1995 the Village of Rye Brook amended its Zoning Law to prescribe bulk standards generally in the zoning districts of the Village of Rye Brook; and WHEREAS, due to a typographical error it appears that'§250-20 (E) of the Zoning Law regarding bulk standards in an R-15 Zoning District was not expressly changed, though the Local Law clearly intended to do so; and WHEREAS, the proposed local law makes a technical correction in the Zoning Law to establish the bulk standards in an R-15 district in accordance with the intent of Local Law 1-1995. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees will hold a Public Hearing on December 10, 1996, at 7:30 p.m. at 90 South Ridge Street, Rye Brook, New York, on a local law prescribing bulk standards in R-15 Zoning Districts. The Local Law read as follows: A LOCAL LAW amending Section 250-20 (E) of the Code of the Village of Rye Brook to establish new bulk standards in R-15 Zoning Districts. Items underlined are additions to the Code and [in brackets] are deletions from the Code. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Section 250-20 (E) of the Code of the Village of Rye Brook is amended to read as follows: E. Minimum size of lot: 1. Area-fifteen thousand (15,000) square feet. [2. Width- one hundred (100) feet. 3. Depth- one hundred twenty five (125) feet.] 2. Horizontal Circle Diameter- one hundred (100) feet. 3. Frontage- Sixty Five(65) feet. Section 2. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. 00 294 December 10, 1996 Trustee Pellino stated that last year the Board adopted a Bulk Standards Local Law which established, among other things, the horizontal circle method of determining a bulk zoning standard. Due to a typographical error, one section of the Code was not amended. This Local Law provides for the Bulk Standards which the Board intended to adopt last year for R-15 zoning districts. Mayor Cresenzi asked if there was an error when the law was adopted. Mr. Miller responded that one number was incorrect.. Mr. Zuckerman felt that the Board should review the frontage requirements in the R-15 and R-20 zones, as most of the frontage throughout the Village in R-20 zones far exceeds the 65 foot requirement. He suggested that the Code needs to be looked at as a whole. Mr. Strum saw nothing wrong with making a technical correction to a portion of the Code in line to reflect other portions that were enacted, while continuing to study what Mr. Zuckerman suggested. Mr. Zuckerman stated his reason as the frontage requirement as now written is 100 feet, and at least one developer under the existing Code would be required to submit proposed lots of 100 foot width. But, under the proposed change, the developer would be required to submit lots with frontage of only 65 feet. Mayor Cresenzi asked Mr. Miller and Mr. Powell for their opinion, and agreed with the importance of tightening up the zoning law while continuing to review the Code. Mr. Miller believed the Board should correct the clear error immediately, as was the Board's intent. Some of the issues might have changed and they might need to be further explored later. Mr. Powell stated that the amendment was only intended to perpetuate the Board's intention. Mr. Zuckerman asked if this was adopted, would the requirement that the depth of 125 feet on cul de sacs be eliminated? Mr. Powell stated that yes, the requirement would be eliminated. Kip Konigsberg representing the new owner of Red Roof Farm was concerned about the technical error that might or might not exist in the Code. His client had just paid a substantial sum of money to purchase the Red Roof Farm property while relying on the provisions of this particular Code, with frontage being one issue and lot width being another. He stated that if the Code was changed, his client would end up losing lots and would suffer a financial hardship. He stated that it would be patently unfair to change the Code and force compliance when his client purchased the property based on the existing Code. Mayor Cresenzi responded that the Village has the right to change the Zoning Code up until the shovel goes in the ground. Mr. Powell pointed out that no property owner has vested rights in existing zoning. Mayor Cresenzi asked for a motion to close the Public Hearing, but Mr. Powell suggested that the Hearing be adjourned. Mayor Cresenzi asked for a motion to adjourn the hearing to the January Regular Meeting at the Anthony J. Posillipo Center. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the Board voted to adjourn the hearings as follows: TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS: 3. ENACTING A NO RIGHT ON RED AT WESTCHESTER AVENUE AND RIDGE STREET AND EXITING FROM THE 200 SOUTH RIDGE STREET SHOPPING -' 00629b December 10, 1996 CENTER: Mayor Cresenzi asked Administrator Russo to read the resolution, after which he opened the floor to discussion. Mr. Russo stated the Westchester Avenue ones were at the request of the Village Board directly and.the Ellendale one by 200 South Ridge Street was a recommendation of the Traffic Commission after being petitioned by numerous individuals on that matter. Mr. Powell stated that the State DOT approval was for a No Turn on Red 7 a.m. to 4 p.m. School Days, and the resolution states 24 hours. Trustee Tunis agreed that the discussion was for school hours. She saw that the signs had already been erected and asked who installed them. Mr. Russo responded that the Village Highway Department had put up the signs in anticipation of the Board's actions. Trustee Pellino stated that the signs were not enforceable yet and Mr. Russo agreed. Mr. Pellino stated the sign does list hours and Mr. Russo stated that clarification would be needed with the Chief of Police. The Board felt that the school hour prohibition was more appropriate than a 24 hour prohibition. Mr. Russo suggested ,covering the signs until the Board had adopted the resolution, and the Board agreed. Discussion ensued on the proper wording of the Resolution and the sign as to hours and months of the year that the"No Turn on Red" would be enforceable. Mayor Cresenzi suggested making a determination on the Ridge Street and the two Westchester Avenue issues as was previously discussed with a 7 to 4 time frame from June to September. The Ellendale Avenue and 200 South Ridge Street signs would be decided at a later date. Mr. Russo agreed to cover or remove the signs. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was hereby adopted as amended: RESOLUTION AMENDING§240-10.1 OF THE VEHICLE AND TRAFFIC CHAPTER OF THE RYE BROOK VILLAGE CODE TO ENACT "NO TURN ON RED" REGULATIONS AT CERTAIN INTERSECTIONS RESOLVED, that the following is added to the Rye Brook Village Code, Chapter 240 entitled "Vehicles and Traffic," Article III, §240-10.1(A), which prohibits turns at certain intersections: Name of Street Direction of Prohibited Turn Hours At Intersection Travel Ridge St. northbound No Turn On Red 7-4 p.m. Westchester Ave. Sept-June Mon-Fri Westchester Ave. eastbound No Turn On Red Ridge St. Westchester Ave. westbound No Turn On Red Ridge St. 006296 December 10, 1996 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi opened the Discussion portion of the meeting. DISCUSSION: 4. REQUEST AUTHORIZATION FOR A SPECIAL EXCEPTION USE PERMIT AND PERMANENT EASEMENT FOR INSTALLATION OF A BERM ON THE VILLAGE RIGHT-OF-WAY FRONTING 503 COMLY AVENUE: Mr. Russo stated that the request for authorization for a special exception use permit and permanent easement for installation of a berm on the Village right-of-way fronting 503 Comly Avenue was put on for the Board's information, since the communication went to the Board. The Building Inspector has communicated back to the property owner's representative that it just simply does not meet the Village Code and they cannot install it. Trustee Zuckerman stated that the memorandum raised the issue of another property being cited as already having a berm and he asked how that came about. He did not recall seeing that before the Board. Mr. Russo responded that the property in question is at 40 Hillandale Avenue and it was permissible based on its proximity to the intersection and its height so as not to create a visual obstruction. Mayor Cresenzi stated that there would be a Special Meeting on December 17th, 1996. The regular meeting of December 24th, 1996, was canceled. It would be rescheduled to January 7th at 8:00 p.m. at the Anthony J. Posillipo Center at 32 Garibaldi Place. Mr. Ken Heller of Lincoln Avenue stated that on 6 Deer Run, a"tremendous" willow had come down across the brook. If it was to break, it would come down and tear everything up near it. He did not know who owned it, but asked the Village to look at it. He also mentioned several other smaller fallen trees in the brook, possibly caused by the storm. A Board member assured him it would be looked at. A resident asked about the status of the Grant Street application. Mr. Russo stated that the notice under the Westchester County Administrative Code required that proposed Zoning Amendments be referred to the County and to adjacent municipalities within 500 feet of a proposed Zoning text amendment. In this case, it was referred to Westchester County and to the Village of Port Chester, but it was inadvertently not referred to the City of Rye. To correct thqt procedural deficiency, the hearing was rescheduled so the proposed changes could be sent to Rye. There being no further speakers, Mayor Cresenzi adjourned the Meeting at 9:35 p.m. Respectfully submitted, Christopher J. Russo', Village Administrator/Clerk