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HomeMy WebLinkAbout1999-05-11 - Board of Trustees Meeting Minutes II AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING TUESDAY, MAY 11, 1999—7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. ON THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY TO OPERATE AN OFFICE AT 58 BOWMAN AVE. RESOLUTIONS: 2. CONSIDERING AUTHORIZING AN EXTENSION OF THE SNOW & ICE AGREEMENT WITH N.Y.S. DOT FOR 2000/2001. 3. RESOLUTION ACCEPTING PARKLAND DEDICATION RE: RED ROOF FARM SUBDIVISION. 4. PERSONNEL MATTERS. 5. MINUTES: MARCH 30, 1999 SWEARING IN OF LIEUTENANT THEODORE SABATO SR. -- 8:30 p.m. NEXT TRUSTEES MEETING MAY 25, 1999 JUNE 15, 1999 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, MAY 11, 1999 - 7:30 P.M. CONVENE MEETING Mayor Filipowski called the Meeting to order at 7:30 p.m. 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 Engineer, Victor G. Carosi, P.E. Assistant to the Administrator, Richard C. Slingerland Police Chief Robert Santoro Meeting Secretary,Paula Patafio Mayor Filipowski made an announcement that at 8:30 there would be a swearing in ceremony for Lieutenant Theodore Sabato Sr. He invited everyone to stay for the ceremony, and refreshments which would follow. He then called for the first item on the agenda. PUBLIC HEARING: 1. ON THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY TO OPERATE AN OFFICE AT 58 BOWMAN AVENUE. Aldo Vitagliano,Esq. of 150 Purchase Street, Rye,New York, addressed the Board as representative for the applicant. Also in attendance was Kathy Zaccagnino, applicant/owner of Rye Port Realty. Mr. Vitagliano presented the certified receipts for notices of mailings. He also submitted letters from the Village's Consultant and the Planning and Zoning Boards, and a letter from the Fire Department stating that they have no problem with the application. He explained the application for a special permit to operate a real estate office at property located at 58 Bowman Avenue. Bowman Avenue is a two-family zone where there is an allowance for Special Permits for commercial uses of a limited type. The applicant believes their use falls into the allowances of the code and that this use is very compatible with what the Village is seeking to do in the neighborhood. The property is currently a two-family house fronting Westchester Avenue, and backing on Osborne Place. The applicant is proposing to convert the downstairs apartment to the real estate office, leaving the upstairs in its current state of a one-bedroom apartment. The real estate office area totals approximately 1100 square feet. There is currently a two-car stucco garage in the rear of the property, facing Osborne Place, with an existing asphalt apron. The applicant proposed May 11, 1999 utilizing the existing area to provide the necessary parking and eliminate some of the pavement there, creating a little more green area. There will be two spaces within the garage and three spaces in front of the garage, one of which will be a handicapped space. The Zoning calculations state that there must be a minimum of two spaces for the residential use (upstairs) and a minimum of four for the commercial use (one for every 300 square feet). A total of six spaces are required and only five are proposed. Mr. Vitagliano noted that during the course of the application process, the Planning Board requested that the applicant go to the Zoning Board of Appeals to seek a variance for the parking configuration, related to the number of spaces as well as the issue of tandem parking. The Zoning Board heard the application and adjourned the hearing, waiting for the application to reach a final stage with the Board of Trustees. He noted that a Zoning variance, if approved, would run with the land. The applicant expects to have one full time office manager during regular business hours. Rye Port utilizes lock-boxes on the properties to avoid picking up keys. Mrs. Zaccagnino is a full-time broker but she also has an office in her home, and because she and the seven part-time brokers at Rye Port Realty meet most of their clients at the homes, there will be minimal use of 58 Bowman Avenue. Trustee Zuckerman asked if Mrs. Zaccagnino could guarantee that there would never be more brokers employed by her company if she becomes more successfid. She responded that this is not a franchise with a lot individuals making calls from the office. She is looking for office space in which to meet clients and hold meetings with staff, when necessary. She stated that if her business increases, she would have to move her office because the total area in this office is approximately 1100 square feet. Mr. Vitagliano noted that, as suggested by the Planning Board, the landscaping would be improved. Lighting would be added, as well a handicapped ramp, both of which were shown on the plan. During a presentation to the Zoning Board of Appeals, the applicant presented a different diagram where the garage could be taken down and replaced with pavement, but the ZBA's preferred the current configuration to retain the residential character of the neighborhood. As required by the code, the front entrance will be off of Bowman Avenue. Since there are no curb cuts for this property on Bowman Avenue there is no loss of parking spaces on the street. Additionally, on-street parking is allowed. In response to a question raised by Trustee Herman, Mr. Vitagliano stated a few of the neighbors on Osborne Place came to the Zoning Board meeting to express their concerns about traffic, which is generated by a business at the far end of Osborne Place in Port Chester. The applicant noted that the primary usage of the parking spaces would be by the office manager, the tenant in the upstairs apartment, and agents who come into the office. Clients would park on Bowman Avenue. Answering a question from Trustee Zuckerman, Planning Consultant Christian Miller commented that no traffic studies had been conducted in connection with this application. Mr. Vitagliano felt that the amount of traffic from this use would be minimal. Mr. Miller asked for an approximation 2 May 11, 1999 of the daily number of visitors, and Mrs. Zaccagnino said it would be difficult to determine. She stated that some days there could be none while on other days the number could be two or three at most. Trustee Zuckerman noted that Bowman Avenue is a congested area and asked if a traffic study would be done, since Osborne Place is a dead end street that currently has a commercial use on the Port Chester side. Mr. Miller felt that this application did not warrant a traffic study because of the nature of the use and the surrounding roadways. He noted that the Planning Board had also asked about the number of visitors. Trustee Zuckerman asked how the Board could be sure that there would be a minimal impact on traffic. Trustee Degling noted that on October 15, 1998 the Planning Board addressed this issue. It was noted that the adjacent property houses an attorney's office and the one next door is an insurance office. Both properties have access from Bowman Avenue and they provide parking on-site. Mayor Filipowski asked for comments from the public. Mr. Tom Josephson, a 15 year resident of Osborne Place addressed the Board. The character and nature of the neighborhood was stable for the first twelve years and then, on the Port Chester end of Osborne, a commercial use was permitted by Port Chester which resulted in a great deal of commercial traffic. This is a major concern for everyone on Osborne Place. He stated when he bought a home on a dead end street he had never planned to have to deal with commercial traffic; he was dismayed by Port Chester's actions. Although Rye Brook put up signs requiring"No commercial traffic", the policy had never been enforced. He disagreed with characterizing Rye Port Realty as a non-intensive commercial use because any commercial use of that street had already been determined to be illegal and that he opposed the increased traffic that would be generated on Osborne Place. He felt that seven sales agents would generate a significant amount of traffic. He noted, however, that he had no objections to parking on Bowman Avenue. Michele Cabrera of Betsy Brown Road, Rye Brook, and a current employee of Rye Port Realty addressed the Board. She stated that she works out of her home using her personal computer and she had not been in the Bowman Avenue office at all. She stated, for the record,that since November there had been only one staff meeting. She was very supportive of Mrs. Zaccagnino's application, and gave her a supportive character reference, noting that she is very fair in her business dealings. On the motion of Trustee Zuckerman, seconded by Trustee Brackman, a vote was taken to close the Public Hearing. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye RESOLUTIONS: 2. CONSIDERING AUTHORIZING AN EXTENSION OF THE SNOW &c ICE AGREEMENT WITH N.Y.S. DOT FOR 2000/2001. Mr. Russo read the resolution and there was no discussion. The Mayor asked for a motion. 3 May 11, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION EXTENSION OF SNOW AND ICE AGREEMENT WITH NY STATE DOT FOR 2000/2001 RESOLVED, that the Village of Rye Brook is authorized to enter into an extension of the indexed lump sum municipal snow and ice agreement with the New York State DOT until June 30, 2001 under which the Village will receive a lump sum payment of$10,080 for snow and ice control of segments of King Street and Westchester Avenue during the snow season; 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 Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 3. RESOLUTION ACCEPTING PARKLAND DEDICATION RE: RED ROOF FARM SUBDIVISION. Trustee Herman asked about the size of the property being dedicated to the Village, and Mr. Russo responded that it was a 2.2 acre, pie shaped lot extending from the water fountain in Pine Ridge Park to the end of the tennis courts. He noted that the Village of Rye Brook intends to construct a youth softball field on the parcel. Mr. Carosi pointed out that the ballfield would utilize the entire property. Trustee Herman asked about the Village's plans for parking. Mr. Miller stated that the issue of parking has not yet been decided. Mayor Filipowski stated that he had heard from many neighbors and that the Recreation Commission is working on the issues of parking, the field configuration and screening. Trustee Zuckerman asked for a status report on the property, and if it would be removed from the tax roll. Mr. Powell noted that the parkland dedication was required as part of the approval process for this subdivision. He explained that the timing for the dedication of this land was set forth in the Resolution adopted by the Board. Although the land at some point would be removed from the tax roll it would not be done immediately. A discussion of the 1999 versus 2000 tax time line took place. Mr. Russo stated the developer would be required to pay the taxes of approximately$10,000 through June 1, 2000. The Mayor requested a motion on the resolution, and the Board proceeded to vote on the item. 4 May 11, 1999 On the motion of Trustee Herman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION ACCEPTING THE PARKLAND DEDICATION RED ROOF FARM SUBDIVISION RESOLVED,that the Village of Rye Brook accepts the offer of dedication of the proposed Parkland Dedication Lot, as set forth on the Red Roof Farm Subdivision Plat, from OLC/RBAG--Rye Brook, LLC, subject to the accomplishment of ministerial title closing matters to the satisfaction of the Village Attorney. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. PERSONNEL MATTERS. The next item on the agenda,Personnel Matters, was tabled. MINUTES: 5. MARCH 30, 1999. A motion was made by Trustee Degling and seconded by Trustee Brackman to accept the Minutes from March 30, 1999, and the Board unanimously approved the minutes from March 30, 1999. Mayor Filipowski noted that the next meeting of the Board of Trustees was May 25, 1999. The meeting originally scheduled for June 8"'was changed to June 15"'. The next meeting will be June 22nd On the motion by Trustee Herman, seconded by Trustee Brackman, the Board voted unanimously to amend the scheduled meeting from June 8"to June 15' . Mayor Filipowski requested an Executive Session, for after the swearing-in of Lieutenant Theodore Sabato, regarding the personnel matters tabled from this evening's meeting, and contract matters. On the motion of Trustee Zuckerman, and seconded by Trustee Brackman, the Board voted unanimously to hold an executive session after the swearing-in ceremony. Mayor Filipowski opened the floor to comments from the public. Mr. Marc Rosenberg of 15 Mohegan Lane stepped forward. He noted that he lives right next to the tennis courts at Pine Ridge Park, where the trees had recently been removed. The residents of 5 May 11, 1999 Mohegan Lane, although getting used to the daily disturbances from the construction at Red Roof Farm, were startled to discover a new road along Mr. Rosenberg's property, through Pine Ridge Park. He noted that an area had been cleared for the installation of drainage pipes from Mohegan Lane, and that he had spotted a SUV driving up this road onto the Red Roof Farm property. He had called in a complaint to the Rye Brook Police on Sunday, but no barricade had been set up and children had begun riding their bikes up the road. He asked the Board to instruct the police and the developer to barricade this area, and commented that the access to the property was supposed to have been from Old Oak Road and Old Orchard Road. Mr. Rosenberg continued that the construction site is littered with garbage, and that the quality of life in the area had deteriorated. He commented that the proposed ball field would most likely be underwater during the spring due to an incline created by the developer. Trustee Brackman was concerned about the traffic in the area of Old Oak and Bonwit Road. She noted that dump trucks had been driving very fast in the area, and she agreed with Mr. Rosenberg. Trustee Zuckerman called attention to a recent article in the Soundshore Review regarding signs on the Hutchinson Parkway at the King Street exit. He noted that although he had nothing to do with this, he had no objection to the Village of Port Chester having a sign which would direct people to their Village. Both villages have a right to exist and to respect each other—whether it is signs or zip codes. He felt that there is a need to recognize the each other's right to exist, and to go forward cooperatively. He noted that in the past a liaison committee had existed between the two villages, and he felt that it should be reestablished, including both school districts,the Village of Port Chester and the Town of Rye. Traffic implications on Rye Brook from the Port Chester revitalization also need to be addressed. Trustee Degling commented on the previous Board meeting, which he was unable to attend. He stated that on viewing the meeting on Channel 14 that Trustee Zuckerman had abstained from a vote without permission of the Board set forth under the Rules of the Board. He asked that when the minutes are completed that this issue be corrected. Mr. Powell stated that although the rules say that every memberpresent shall vote, the question is really whether or not Trustee Zuckerman was excused. Trustee Degling felt that the rules should be followed, that Mr. Zuckerman made no request, and the Board had not granted him permission to abstain from the vote. Trustee Herman thought that the rule was vague, and Trustee Brackman suggested that the rule could be enforced in the future, but with regard to this particular vote, it should be left alone. Trustees Zuckerman and Herman agreed. Mayor Filipowski noted that in the Soundshore Review there was notice regarding a meeting to be held on Thursday, May 20°i at 7:30 regarding the Master Plan for the Village. Due to popular demand, and based on individuals who could not attend, a second meeting had been scheduled for June 3"'. There being no further business before the Board, the meeting was adjourned at 8:35, and the Board proceeded with the swearing-in ceremony for new Lieutenant Theodore Sabato Sr. 6 May 11, 1999 Mayor Filipowski thanked everyone for joining the event and showing their support for Mr. Sabato. He noted that the Village's first Mayor, Jack Kabcenell, was unable to attend the meeting but that he had written a letter which he requested to be read in the record,which is as follows: Dear Ted: It was marvelous to hear of your promotion to Lieutenant. I cannot think of a better choice. You have always impressed me with your poise, your sense of responsibility and your diligence. This is all in addition to the fact that you are such a pleasure to know. There is no question in my mind that you will perform the functions of the position brilliantly and that you will continue to be a credit to yourself and to the Police Department of Rye Brook. Unfortunately, I will be out of town on May 11"'and therefore will miss the pleasure of seeing the ceremony. However, my thoughts will be of you receiving this honor and I am determined to find the time when I can congratulate you in person. Sincerely, Jack Mayor Filipowski noted that this is an exceptional endorsement for the man the Village is appointing as Lieutenant, and that the large number of people attending the ceremony showed how much support Lieutenant Sabato has in the community. With that he proceeded with the Swearing In, and asked the Lieutenant's family to join him in front for pictures. Lieutenant Sabato thanked everyone for their support. There being no further business, the Board adjourned at 8:45 for goodwill, to re-convene later in executive session. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk 7