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HomeMy WebLinkAbout1998-05-26 - Board of Trustees Meeting Minutes May 26, 1998 AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 26, 1998— 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: • AWARD PRESENTATION TO FORMER MAYOR SALVATORE _ M. CRESENZI FOR HIS SERVICE TO THE COMMUNITY. PUBLIC HEARING: L CONSIDERING THE PROPOSED PRELIMINARY PLAT AND REAFFIRMING THE NEGATIVE DECLARATION UNDER SEQRA FOR THE RED ROOF FARM PROPOSAL. RESOLUTIONS: 2. CALLING FOR A PUBLIC HEARING ON JUNE 9, 1998, ON THE APPLICATION BY FIRST UNION NATIONAL BANK TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN. 3. CONSIDERING CONFIRMING THE EXISTING IMPROVEMENTS AT 900 KING STREET. 4. CHECK REGISTERS. MINUTES: 5. APRIL 28, 1998 BOARD MEETING. 6. MAY 12, 1998 BOARD MEETING. NEXT TRUSTEES MEETING DATES: JUNE 9, 1998 and JUNE 23, 1998 18 J U(lEi7V MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK MAY 26, 1998 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 Eugene R. Strum Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Attorney, Kenneth E. Powell Rural/Metro Fire Chief Martin Drexelius Assistant to the Administrator, Richard C. Slingerland Building Inspector, William Gerety Planning Consultant, Christian K. Miller, AICP Secretary to the Village Administrator, Janet Skrobola The first item on the Agenda was an award presentation to former Mayor Salvatore Cresenzi. Mayor Filipowski explained this presentation would be adjourned until the Board Meeting on June 23"'. This is because Mr.Cresenzi could not be at this meeting due to an illness in his family. PUBLIC HEARING 1. CONSIDERING THE PROPOSED PRELIMINARY PLAT AND REAFFIRMING THE NEGATIVE DECLARATION UNDER SEQRA FOR THE RED ROOF FARM SUBDIVISION The Mayor stated that the first item on the Agenda was the Red Roof Farm application and asked if our consultant, Christian Miller wanted to make some comments Mr. Millen deferred to the applicant to make his presentation. Mr. Konigsberg, attending for the applicant, stated that the purpose of this public hearing is to consider the preliminary plat, the wetlands application and to reaffirm the Conditioned Neg Dec on this project. His client, Jason Green along with Jim Ryan and Rob Aiello of John Meyer Consulting, the engineering firm handling this project, were present . He noted that the Planning Board had recommended approval on December 11, 1997 after an extensive review of all the issues. There were also further discussions on a couple of points and meetings with neighbors. On January 8, 1998 the Planning Board recommended approval of a Negative Declaration after a very extensive review of all the issues. A lengthy EAF and 00674o May 26, 1998 supplements were prepared along with numerous discussions with the Planning Board and the Board of Trustees. He further stated that the Army Corps of Engineers had issued a wetlands permit after review of the property, especially the western portion adjacent to Pine Ridge Park. Based on that permit, they submitted a wetland mitigation plan which was submitted and reviewed by the Village. He then asked if the Board wished to go through all the issues. Trustee Strum stated that as a matter of disclosure he is close enough to the property to have been noticed of this hearing and the Mayor stated that he also was noticed since he lives adjacent to the project. The Mayor then asked if Christian Miller had any comments to add. Christian stated that an overview from the client followed by comments from the public would be fine. Jim Ryan said he would try to make the overview brief so the public could be heard from. He stated that Red Roof Farm is a subdivision of 22.25 acres on which they have proposed to build 40 single family homes. He stated that they are in full compliance and that the entire property is in an R-15 zoning district. The district to the south is R-12 and to the east is R-10. He noted that the proposal includes dedication of 10% of the property for Village parkland in accordance with the regulations. This area will be located to the west and will consist of a path system which leads into a recreation area. One of the primary issues they wished to address is storm water. There had been extensive reviews with the Planning Board and they had prepared a storm water management report which was submitted to the Village's engineering consultant, Leonard Jackson. He noted that Jackson agreed that this proposal adequately addresses the concerns for potential flooding and also addresses such issues as water quality. The report is sizable and actually consists of two reports; one for onsite management and an offsite report dealing with the proposed improvements. Mr. Ryan stated that the management report had been reviewed including a 28 foot wide roadway which was originally to come from Ridge Street but access was found to be more suitable on the dead ends of Old Oak Road and Old Orchard Road and connections would be made at those two points. The plans for this roadway have been submitted to both the Fire Department and Police Department who deemed it satisfactory and safe. Mr. Ryan continued to discuss the onsite wetlands, which have minimal function in terms of water quality or wildlife habitat due to the nature of the vegetation and the drainage accepted in those areas. They have implemented and proposed a wetland mitigation measure which provides for new onsite wetlands with significant functions added to those wetlands by planting and replacing what is now a non-functional wetland. The drainage system that flows through that region will now have a function of water quality treatment added from this project. He spoke about the concerns of grading individual lots and that this plan to grade lots and build on them will cause a minimum amount of disturbance. They proposed additional measures to address some concerns that were brought up regarding the look of the property, including renewal of the existing rusted chain link fence. The buffer area will be cleaned up, and the existing trees maintained along the outer edge and supplemented with additional planting. Street lighting will be accordance with Village requirements. Drainage improvement located at Carlton Lane, Bonwit and Mohegan will be made to enhance the existing storm drainage network that is functioning inadequately. Storm water will be conveyed safely and without impact which would not be the case without these improvements. With Mr. Ryan completing his remarks, the Mayor then asked if the trustees had any questions prior to hearing from the public. Trustee Degling asked if his understanding was correct that the developer was putting in this improved drainage system at his expense, and.Mr. Ryan answered that was correct. 2 006741 May 26, 1998 Roger Herman, Chair of the Environmental Conservation Council asked to make comments. The Council's input on the Conditioned Negative Declaration states as follows"Revisions to the original proposal and the conditions imposed and described below have eliminated or adequately mitigated all significant environmental impacts." The Council suggests that declaration be amended to the point of inserting the words "are expected to adequately mitigate all significant environmental impacts." Not having this language in there could be misconstrued that this meeting is inconsequential and that the issue has already been decided. The Council suggests that these additional words encourage public input and that after the public hearing, the Board could determine a Positive Declaration may be needed. He felt that the resolution did not read to indicate that this is still open for discussion. Arthur Stern, a resident of Bonwit Road for the last 35 years, was concerned about the response of the attorney for Red Roof Farm regarding the clean-up of the property. It has been two years since the grass has been cut or any attempt to clean-up the area has been made. He had called the Village and felt there has been no action. He stated that he was worried about future responses from the developer. He asked how long they were willing to protect his property with a bond if in two or three years his cellar floods because of this project? The response of the attorney was one year. Mr. Stern asked if part of the wetlands management called for the building of a pond. He was told there would not be a pond. Mr. Stern reiterated that his main concern was the flooding and wanted some reassurance that there would be some response on the part of the developer. Jim Ryan stated that they looked at storm water on this property, both the existing condition and under proposed conditions in an effort to improve the condition that is out there. The Mayor asked about the grass not being cut for two years. Mr. Konigsberg stated that they had gotten a call on the height of the grass behind Dr. Stern's house from the Building Department. His response was that the area referred to in his back yard was part of a wetlands and by code he cannot cut that vegetation. Mr. Konigsberg responded to the question about the bond and stated there had been significant discussion on the storm water management. They are aware of the concerns and have discussed this matter with Dr. Stern and his neighbors. Based on these discussions, they created a berm along the property line to raise the property line. As part of their application this berm is proposed as an extra safeguard to prevent any water heading towards Dr. Stern's property. Trustee Strum suggested they go through the specific aspects of the storm water management since comments had been received regarding a pond that naturally occurs presently on this site. Would that pond stay or not and what is the loss of that potential area. Jim Ryan stated that the drainage area on this property is divided into two portions; front to the east and back to the west The area of concern is in the west. What happens on this property is essentially a bathtub without an outlet. Water comes in but has no where to go other than to infiltrate into the ground. With a significant storm there is no outlet and it ponds. The developer is proposing to speed up the water into an outlet for dissemination into the drainage area. These areas will still be wet but there should be no ponding effect. They feel the drainage outlet is the proper way to go. Trustee Strum asked if the absence of the "ponding" would in any way adversely affect the property? Mr. Ryan stated no, and noted it was further recommended by the Village's consultant to increase the height of those low areas along the perimeter as a failsafe. Mayor Filipowski then asked if Dr. Stern's question on the one year bond and the potential for flooding 3 006742 May 26, 1998 in two or three years could be addressed. Mr. Konigsberg stated this had never been raised by the Planning Board or the Trustees. If the Board determines that a bond is necessary then that is something to be discussed and would be obligated to do as part of the final approval resolution. Trustee Degling discussed the topographical map showing the low point in the elevation at 204.4 ft and asked what the elevation would be of the new outlet drain the developer is proposing? Mr. Ryan stated that the outlet is 204.5 ft. Trustee Degling asked if before a pond begins, the drain would become active? The answer was yes. Mr. Ryan further explained that this is an outlet control structure and most of the water would be carried into the normal drainage system. Trustee Strum asked what is done about the current high water tables. Jim Ryan replied that in their analysis and discussions with Leonard Jackson, they met a standard criteria for detention in this area. This is essentially over retaining in this area through the creation of an underground enclosed drainage storage system which detains the water in the system and then meters it out to the storm drainage system. The ground water system is addressed in two ways; by creating this storm water system you are effectively cutting off the half of the flow that goes toward Betsy Brown, and, secondly, as an extra safeguard, the developer agreed to an additional drain system along the perimeter of the property that ties into our storm drainage system to catch any remaining flow. Mr. Konigsberg then stated that the Village has an additional drainage system of its own. Mayor Filipowski asked why there was a failsafe system on the east side and not the west side. Mr. Ryan replied that there are two different systems acting under two different scenarios. The detention system would be appropriate for this project for the front portion, but not appropriate for the back. Trustee Zuckerman asked if Dr. Stern's property is subject to flooding currently and Dr. Stern said that they had taken care of it. Ken Heller spoke and stated that he walked the property with applicant's engineer during a rainstorm. He discussed a number of solutions but none have been imposed. With a 25 year storm there was a lake on this property and he felt that you can't beat the crest of the brook from that distance no matter how fast you drain it fi-om the property. Mr. Heller stated that there should be a detention system on the west side as well. He further stated that we are looking at more lawsuits and that he wants just as much protection from the flooding. He also noted that he has seen this area under 4 feet of water in the past. Jim Ryan responded that he has tried to address Mr. Heller's concerns and that he has a valid point but upon speaking with Leonard Jackson it was felt that the impact is indiscernible. Leonard Jackson's office felt this is a unique situation and that we would advance this mitigation by not creating a detention area. He also stated that the solution for this area is the right one. Trustee Zuckerman asked if we did retain the water on the site, would it make the recreation area unuseable? Mr. Ryan responded that it would impact the recreation area, but not render it all unuseable. Trustee Degling suggested we use a term other than failsafe and that we make it a failsafe situation by not building on the lots in question until we know it works. Jim Ryan responded that the system will work and that it is a problem of perception not design. Trustee Zuckerman asked if the developer is willing to guarantee the project with a bond. Jim Ryan 4 1 006743 May 26, 1998 stated that if that is what the Board wants they will do it. Mr. Konigsberg said this matter was thoroughly reviewed and what is designed will improve the entire area. We can't prove it until we build it. The Trustees reiterated that they should hold off building on lots 14, 15 and 16. Trustee Pellino asked what the anticipated built out time was and when told 2 '/2 years asked if they could wait and build on those lots then. As per Mr. Konigsberg these lots may be sold first and then the owner would not want to wait that long to build. All agreed that although this system should work based on the reviews and reports done by the engineering consultants, since it is not proven, all questions must be answered thoroughly. Christian Miller stated that perhaps the applicant could entertain the alternate proposal of delay in the phasing and come back at a later date in order to give people some comfort level. He also stated that Leonard Jackson's office supported the developer's conclusions. The Mayor felt a bond might not be the answer but deferred to the Village Attorney, who stated it would depend on what the bond covered. Kip Konigsberg stated that the developer would agree not to build on lots 15 and 16 until a certain percentage of homes had been built (50-60%) and to be able to go on the property of those residents like Mr. Stern and Dr. Generre, if necessary, to correct any problem. Christian Miller suggested they provide something in writing for review. Dennis Rocks of Leonard Jackson's office made some comments. He gave some background on this project and its situation and stated that a system is never failsafe. In comparing the system. with and without detention, the impacts are very small, however, a system with detention has an impact that would be slightly greater and the peak discharges at the Blind brook would be slightly higher with detention basin. Trustee Strum asked if he were stating that a system without detention is better overall then one with detention and Mr. Rocks stated that is correct. Trustee Strum then asked if that was including the surrounding properties and Mr. Rocks stated there was less likelihood of a problem with no detention. Trustee Strum asked if the proposed system poses the least risk to the surrounding property owners. Mr. Rocks said that is correct. Mr. Rocks stated that detention considers where water is coming from and takes in a time factor as well as other factors such as peaks. Mayor Filipowski asked Mr. Rocks to respond to Mr. Heller's comment that the run off from the pipes can't beat the crest of the brook, Mr. Rocks stated that this is incorrect and that it takes 3 '/z hours for the peak to reach that site and the Red Roof site would take about 45 minutes. He also stated that this has been demonstrated by the applicant. Linda Fricke asked when a bond would be implemented. She also noted increase of trespass on her property and that police have indicated they don't have access. There are dangerous trees on the property that should come down. Mr. Konigsberg stated that measures had been taken to secure the property and when building begins trespassing would be eliminated. He also stated that any trees dangerous to other property would be taken down. Trustee Zuckerman asked if the house on the property had been taken down, and when told no, stated that he did not want the potential of a fire. Mr. Konigsberg said a demolition permit is in the works and it will be demolished as soon as possible. Trustee Zuckerman stated he was very concerned about a repeat 5 1 00674 .1 May 26, 1998 scenario of the High Point fire and asked the Fire Chief if we had a plan. Chief Drexelius said they would be laying about 2000 feet of hose in July, but it takes time to get that much water up to the site. First lines would protect the fire from spreading to the surrounding area.. Mr. Konigsberg assured that demolition permit would be acquired immediately. Lucille Generre stated that although she had not lived there long she is very concerned about her property. She appreciates the efforts of the developer but feels they should be willing to give guarantees and a one year bond was not sufficient. She felt this could happen years later and they need guarantees up front. John Grzan of Candy Lane questioned the elimination of wetlands and felt that this should not be done since they serve a purpose. He was assured by Jim Ryan that the code is very clear and wetlands exists for different functions. The developer will be taking a wetland based on its soil type and make it a multi- functional wetland which would mitigate any replacement. He then demonstrated on the map where the wetlands exist and that they must ensure that the wetlands survive by putting a bond in place for that period of time. Dr. Generre stated that the residents who will be impacted the most by the drainage system need more information and felt they should hold off building on those sites completely if there is doubt. The Mayor asked about the two lots that were potential problems and if there is verification that it is only those lots and not others as well. Mr. Konigsberg responded that there is no fear that it doesn't work and that they have addressed the concerns of the residents in order to make them feel more comfortable. As far as lots 14 and 15 which are low spots and historically have flooded in a bad storm, the placing of the berm provides neighbors with additional comfort. Jim Ryan stated that the storm water management system will function properly. Trustee Degling felt it would be easier to deal with without a house sitting on the lot if a pond forms. Mr. Ryan responded that there was no potential for ponding once the system is implemented. Trustee Zuckerman stated that if what the developer said is true but there is still doubt, what is the timetable for the drainage system to be put in and will construction be done simultaneously. Jim Ryan responded that the entire drainage system and roadways would be done first. Trustee Zuckerman then asked that if we know it works before construction, we can review what we have after the drainage system is in and make any modifications. Mr. Ryan stated that the Village has no obligation to accept it until they are tested. Christian Miller agreed and Mr. Konigsberg further stated that lots 15 and 16 would be graded before construction as well. Roger Herman spoke as a private citizen and felt the developer was practicing civil disobedience by circumventing the law. He stated that a wetlands is a wetlands is a wetlands. He also stated that if this project had come before thein later it would have been issued a.Pos. Dec. He felt there were errors in the flooding predictions and that there was a serious problem on Bowman Avenue. He also stated that he had a problem with Leonard Jackson's study and felt there could be an overlap in peaks. He stated that this project needed a Pos Dec and that it had not been studied enough. Mr. Konigsberg responded that he took great offense with Mr. Herman's statement that anyone connected with this project was trying to circumvent the law. He felt there is a difference in what exists with what is proposed and that these 6 I 006743 May 26, 1998 issues have been addressed and researched with professionals. He also stated that SEQR had been followed according to the laws of the state. Peter Silton had a number of questions including where water comes from in proposed wetlands and where is it stored. Mr. Ryan responded that a vast majority will come by the new drainage system and eventually go into the Blind Brook, Mr. Silton asked how long it would take for the land to completely dry and Mr. Ryan responded less than an hour. Mr, Silton asked if this would be a breeding ground for mosquitos and Mr. Ryan stated that they breed only in stagnant water. Mr. Silton then asked what happens to the chemicals in the water and Mr. Ryan responded that they are absorbed into the diverse plant system and larger items will be trapped in the drainage system. He further stated that chemicals would not be in great quantities. Mr. Silton's final question dealt with the Westchester Watershed Advisory Committee guidelines and Mr. Ryan responded that those guidelines do not take into effect functional guidelines which are addressed in the code. Jody Rosenstein spoke next and said that her property experiences a tremendous amount of flooding. She lives on Winthrop Drive. She stated she supported Trustee Zuckerman's idea to build the drainage system and roadways first. She also spoke about trespassing on the property and felt that once building began it would be more enticing. She wanted to know what security there would be and also asked about the heavy machinery going through their neighborhoods. Mr. Konigsberg replied that there will be no house next to Mrs. Rosenstein since this will be parkland. As far as trespassing on the property, they are aware that kids are hanging out there but once construction starts the buildings will be gone and there will be security on the property. He also stated that Ridge Street access will disappear and that these roads are not very feasible as construction routes. Ken Heller spoke again and noted that with a Pos Dec everything is in writing, but with the Conditioned Neg Dec there is no commitment in writing. He stated that someone at a meeting a month ago had a water problem on King Street next to a project built several years ago. He claimed that this project was subject to a positive declaration under SEQRA and they were still having problems. He also stated that the Army Corp of Engineers base their approval upon the local ordinances. He noted that you cannot have infiltration if the water goes into a basin in less than one hour. He felt that we would be looking at lawsuits. Mr. Konigsberg responded that Mr. Heller was incorrect on wetlands, that the Army Corp has its own guidelines and that they issue a report prior to issuing a wetlands permit. He noted that most of their documents deal with storm water management and would be the same for a Pos Dec. Arthur Stern asked the developer to put up a bond so in 5 years if there is a problem, there will be a solution. This would help alleviate the fears of the neighbors. Jim Ryan responded that as professionals they bear the liability of the decisions they make. Jack Altbush stated that he was proud of the Board for making this determination subject to conditions and taking the time to satisfy both sides. Trustee Zuckerman stated that the review process should be ongoing and can begin immediately. He also stated that the property is very vulnerable and that a guard is necessary so we don't have the disaster that happened at High Point. He also wanted ample assurance on the question of bonding and without it the citizens will not be satisfied and the Board should not approve it. Mr. Konigsberg said the bonding 7 006746 May 26, 1998 matter is workable and removal of the buildings can be accomplished. He then asked that the hearing be closed and they be reaffirmed. The Mayor asked Christian Miller how we deal with written comments and he noted that they should be acknowledged and are part of the reaffirmed Conditioned Neg Dec. Trustee Strum pointed out the preliminary plat was not discussed and Christian stated they overlap to some degree. Trustee Strum asked if we close the hearing now do we have another opportunity for another hearing and Christian replied no. The Village Attorney noted the Board has 62 days to make a decision. Trustee Zuckerman asked whether anyone had comments on any aspect of the project other than water issues. Mary Ellen Sullivan of Betsy Brown Road asked how this hearing process addresses comments? Christian Miller responded that they become part of the record and he read her comments and noted her concerns on vertical grade, widening of Ridge Street, where the storm drainage basin would be located, traffic accidents, the exclusion of decks and her ability to view plans and improvements that are made. Jim Ryan responded to all her questions. 2. CALLING FOR A PUBLIC HEARING ON JUNE 9, 1998, ON THE APPLICATION BY FIRST UNION NATIONAL BANI{ TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN After a 5 minute break, the Mayor requested that before we continue with Red Roof Farm, Item#2 be taken out of order calling for a public hearing on June 9, 1998 on the application by First Union National Bank to amend the existing special permit and site plan. The attorney for the applicant, Bill Null stated he had nothing further to present and the motion was moved by Trustee Strum and seconded by Trustee Zuckerman. The resolution was read by the Assistant to the Village Administrator Rich Slingerland. RESOLUTION CALLING FOR A PUBLIC HEARING ON JUNE 9, 1998 AT 7:30 P.M. REGARDING FIRST UNION NATIONAL BANK'S SPECIAL PERMIT AND SITE PLAN APPLICATION (SEC. 1, BL. 26, LOT 10.1) RESOLVED, that the Board of Trustees will hold a public hearing on Tuesday, June 9, 1998, at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, on the application on behalf of the First Union National Bank by the Washington Park Plaza Associates to amend the existing special permit and site plan with respect to the property located at Washington Park Shopping Center on South Ridge Street in Rye Brook(Section 1, Block 26, Lot 10.1); and it is 8 006741 May 26, 1998 FURTHER RESOLVED, that the Village Clerk shall cause notice of the public hearing to be published in the official newspaper of the Village of Rye Brook. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYORFILIPOWSKI VOTINGAYE CONTINUATION OF PUBLIC HEARING ON RED ROOF FARM Lucille Generre asked about additional traffic and the use of heavy vehicles on already damaged roads and Mr. Konigsberg stated that the impact would be negligible. Christian Miller noted that there can be certain restrictions imposed such as hours prohibited and Trustee Zuckerman wanted assurance that the roads would be resurfaced. Peter Silton stated that after reading the Conditioned Neg Dec there would be a significant impact on the Village in three areas. Mr. Konigsberg addressed these areas stating they were building single family homes requiring no rezoning with a R-15 rating and generous backyards. He also noted that this review has taken more than 18 months. Trustee Strum wanted to reassure the public that their comments were read by the Board and discussed certain lots as depicted on the chart. He asked about lots I and 2 and the primary access on Ridge Street and connecting the cul de sacs. Mr. Konigsberg stated that they looked at an internal loop road and due to the grade it was not feasible. Trustee Strum then asked about the building on lots 4 and 5 due to the rise and whether they would be built at the crown or further away and Mr. Ryan stated that they would be built coming down the hill. Trustee Strum then asked if the height of the house is based on mean grade and how high would a house seem from Ridge Street. Mr. Ryan stated that you cannot go any higher than code which is.35 feet. Trustee Strum asked about restrictions where storm water drain will be and the area abutting the parklands. Mr. Ryan stated there would be restriction as to accessory buildings and they must maintain the area. Additional vegetation will be added to buffer and screen the existing area. Trustee Zuckerman added that he supported Trustee Strum's comments and that lots 1-5 bordered on unacceptable and that approval of this subdivision was more difficult because of these lots. Mayor Filipowski agreed that the connecting of the cul de sacs and the free flow of traffic instead of two dead ends is more acceptable. He noted that it would look like a fortress if they build fencing. Mr. Ryan responded that there would be a 10-12 foot screening and that they would plant uphill. Mr. Konigsberg stated that these were very expensive homes and that anyone buying them would do something very tasteful. There was then a motion to close the public hearing by Trustee Strum and seconded by Trustee Pellino and unanimously approved. Mayor Filipowski asked Christian Miller if the Board needed to reaffirm the conditioned neg dec and Mr. Miller said that was what is indicated. The trustees questioned whether they should do this now if they want to add something later and Mr. Miller said that it would have to fall within the criteria he outlined previously such as substantial changes to the project, new information 9 0()6748 May 26, 1998 discovered or changes to circumstances that may arise. Trustee Zuckerman asked about site plan review and was told that they have to consider the environmental impact to those modifications. He then asked what they do about procedural concerns and Mr. Miller responded that they could amend the neg dec if there are substantial changes. Discussion followed regarding ongoing concerns and how to address"them in the future. Mr. Miller reiterated that this action has already been adopted, that they were merely reaffirming and unless there are issues that indicated the issuance of a pos dec they would be examined, not the entire project. Mr. Miller recommended reaffirming their prior determination since nothing of substance has been shown under SEAR. There was then a motion to reaffirm by Trustee Zuckerman, seconded by Trustee Degling and the voting went as follows: TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING NAY TRUSTEE ZUCKERMAN VOTING NAY MAYOR FILIPOWSKI VOTING NAY With this vote against reaffirming it was unclear where the Board stood at present. The Village Attorney stated that if the Board was not ready to deal with the issues at this meeting they could prepare a resolution for the next Board Meeting. Discussion continued on who would produce the resolution and Christian Miller stated that SEQR does not provide for this situation and you are therefore limited. Mr. Konigsberg wanted to know the reason on the record why the Board was not reaffirming. Trustee Strum responded that the Board needed time to consider the comments. Christian Miller said the Board could extend the comment period to the next meeting but Mr. Konigsberg was not willing to do that. Trustee Strum responded that could force them to declare a pos dec. Village Attorney Ken Powell stated that there was a 30 day period with no further action required. Trustee Zuckerman asked if they could reconsider the motion previously passed and put the Board back into a position where no action would be taken until the next meeting. Christian Miller responded that SEQR does not preclude this. Mr. Konigsberg reiterated that after 18 months, and Planning Board approval the Board should state what objections they have and what would cause a change in the declaration. The Mayor responded that they just need more time. Trustee Zuckerman asked for the motion to be tabled until the next meeting and the previous motion to be reversed. Mr. Konigsberg responded that his client would consent to the Public Hearing being held over to allow the Board time to consider the reaffirmation at the next meeting. It was so moved to reconsider by Trustee Strum, seconded by Trustee Pellino and unanimously approved. Trustee Zuckerman then moved to table the original motion to reaffirm until the next Board meeting, which was seconded by Trustee Strum. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 10 006749 May 26, 1998 3. CONSIDERING CONFU MING THE EXISTING IMPROVEMENTS AT 900 KING STREET Joseph Carlucci, of the law firm of Cuddy, Feder & Worby along with the Building Inspector, Bill Gerety, addressed the Board on this item. Mr. Carlucci stated that he represented Starwood the prospective buyer of the property. That they had attempted to locate the original site plan resolution on this property but had been told that it was destroyed. They had no approved site plan and are trying to determine if what they want to do on the site conforms so they could get Board approval. Then if there were issues in the future it would be easier to amend this conforming resolution. Trustee Degling had questions about future increases in the parking spaces. Mr. Carlucci responded that the Village would have continued authority over the parking. Trustee Zuckerman asked if the resolution was final and to be accepted that night since there were blanks in the document. At this point Christian Miller stated language that would be added in order to complete the resolution to be voted on this evening. A discussion followed on who determines action on the property. Mayor Filipowski asked if someone knew if this resolution adhered to the Town Code (Town of Rye). Bill Gerety stated that at present the code called for one parking space for every 200 square feet instead of one for every 300 square feet. The applicant wants to maintain the zoning that was in effect when the original site plan was approved. Christian Miller read additional proposed language and Trustee Zuckerman had a problem with the statement regarding future occupancy. Trustee Degling asked if there were any problems or limitations based on the surrounding neighbors. Trustee Zuckerman asked the attorney if it was important for his client to not have wording referring to single user and Mr. Carlucci responded that the potential owner wanted no restriction as to single or multi tenant. Ken Powell stated that the Board would have authority even if a prior resolution exists and the zoning code is subject to amendment. Mr. Carlucci stated that it was important to his client because Starwood has a number of entities and they may be moving employees from different ones into that building. They also do not want to lose the ability to seek other tenants. A motion was moved to approve this resolution with the amended language by Trustee Strum, second by Trustee Zuckerman. RESOLUTION CONFIRMING THE CONFORMANCE OF THE EXISTING IMPROVEMENTS AT 900 KING STREET, VILLAGE OF RYE BROOK, NEW YORK WITH THE ORIGINAL SITE PLAN APPROVAL OF THE TOWN BOARD OF THE TOWN OF RYE FOR THAT PROPERTY AND WITH THE PROVISIONS OF THE CODE OF THE TOWN OF RYE RELEVANT TO PLANNED UNIT DEVELOPMENT WHEREAS, the Village of Rye Brook (the"Village") has recently received inquiries from a prospective purchaser of 900 King Street, Village of Rye Brook, New York, which premises currently consists of a multi-story office building, parking area(s) and other improvements (the"Site"); and It May 26, 1998 WHEREAS, it appears from incomplete official records that the Site was originally improved pursuant to a Resolution of Site Plan Approval adopted by the Town Board of the Town of Rye (the "Town Board") on October 4, 1979, as reaffirmed and modified by the Town Board on December 30, 1981, none pro tun, and possible further resolutions responsive to several legal actions and the settlements thereof, the complete records thereof do not appear to exist in the official records of the Town of Rye or this Village (collectively, the"Original Site Plan Approval'), as well as applicable provisions of the Zoning Code of the Town of Rye (the"Town Code") then in effect; and WHEREAS, in 1982, the Site became part of the newly formed Village, which subsequently adopted its own zoning ordinance (the "Rye Brook Zoning Code"); and WHEREAS, as a result of the inquiries made by the prospective purchaser referenced above and the search for relevant documentation in the official Village records as a result thereof, it was discovered that a number of significant documents and materials relative to Original Site Plan Approval are missing from the Village records and are believed to have been destroyed by a flood some years ago at an off-site location where such records were stored by the Town of Rye, including an approved site plan, approved landscaping plan and complete sets of other plans and related documents; and WHEREAS, because of the incompleteness of the Village records, it is not possible to answer with certainty several significant issues raised by the prospective purchaser regarding compliance by the existing improvements on the Site with the Original Site Plan Approval and the Town Code; and WHEREAS, the Village Board of Trustees (the `Board") has concluded that such uncertainty would prohibit the sale and re-use of this long vacant site to the current prospective purchaser as well as other prospective purchasers in the future; and WHEREAS, the Board and its professional staff have received and reviewed a Site Plan, dated May 11, 1998, prepared by Jeter, Cook& Jepson Architects, Inc., which shows all of the existing improvements and current conditions on the Site (the "Current Site Plan"); and WHEREAS, pursuant to both the Town Code and Rye Brook Zoning Code, the Site has been, and continues to be, classified in the Planned Unit Development District ("PUD"); and WHEREAS, in order to bring certainty to the issue of the compliance of the existing improvements and current conditions on the Site with the Original Site Plan Approval, as well as with the applicable provisions of the Town Code, and to establish a basis against which to measure future modifications or changes to the Site, the improvements thereon and the uses thereof, the Board is desirous of confirming the conformity of such existing improvements and conditions with the Original Site Plan Approval and the Town Code. NOW THEREFORE, BE IT RESOLVED, that the site and all existing conditions, improvements and information as shown on the Current Site Plan are hereby deemed to have been developed and in accordance with the Original Site Plan Approval and the applicable regulations of the Town Code (the"Approved Site Plan") and, accordingly, are legally conforming on the date hereof; and be it 12 ' b 751'euc •t 006 51: May 26, 1998 FURTHER RESOLVED, that the Site's frontage along King Street of 164.78 feet is hereby deemed to satisfy the minimum frontage, as originally determined at the discretion of the Town Board pursuant to the Original Site Plan Approval and the Town Code; and be it FURTHER RESOLVED, that the front, side and rear yard setbacks of 95.04 feet, 231.6 feet and 134.47 feet respectively,, are hereby deemed to satisfy the minimum setbacks originally approved in the discretion of the Town Board under the Original Site Plan Approval and the Town Code; and be it FURTHER RESOLVED, that there was no restriction under the Original Site Plan Approval or otherwise limiting the use of the property to a single tenant, and the Site may therefore be used by multiple tenants without additional approvals from this Board, or any other board, agency, department, or official of the Village (except for building permits that may be required for interior renovations and/or approvals that may be required for future modifications to the Approved Site Plan not of a minor nature and/or changes to the building exterior which may require Architectural Review Board approval); and be it FURTHER RESOLVED, that the existing 193,975 square feet of floor area (comprised of 170,108 + square feet on two floors of office space above 23,867 + square feet of space at ground level) complies with the floor area ratio ("FAR") requirements for a single tenant occupancy (.145) pursuant to the provisions applicable to a PUD under the Town Code; and be it FURTHER RESOLVED, that, inasmuch as the Original Site Plan Approval did not limit the use of the Site to a single tenant, it is hereby confirmed that the building and other improvements on the Site, as shown on the Current Site Plan, may be used for both multi-tenant as well as single tenant occupancy; and be it FURTHER RESOLVED, that the 596 existing parking spaces on the Site as shown on the Current Site Plan are hereby deemed to conform to the Original Site Plan Approval and the applicable off-street parking requirements under the Town Code, provided, however, that if the Village determines based upon its ongoing jurisdiction over traffic and safety considerations (as set forth in the Original Site Plan Approval), that additional parking on the site is necessary due to on-site traffic safety concerns, then such additional parking shall be provided in an amount determined appropriate by the Village Board of Trustees; and be it FURTHER RESOLVED, that pursuant to Section 250-7.E.(4)(c) of the Rye Brook Zoning Code, any modification to the Approved Site Plan "shall follow in full the procedures and conditions required for original submittal" and, therefore, any such modification should continue to be governed by the PUD regulations in effect under the Town Code as of the date of the Original Site Plan Approval, rather than the provisions currently governing a PUD under the Rye Brook Zoning Code; and be it FURTHER RESOLVED, that this Resolution shall take effect immediately without any further action on the part of this Board nor is any further action on the part of an officer, employee, agency or department of this Village required in order to implement same. 13 May 26, 1998 TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILHPOWSKI VOTING AYE 4. CHECK REGISTERS The resolution for the first part of the check registers was read by the Assistant to the Village Administrator Rich Slingerland. This was moved by Trustee Pellino and seconded by Trustee Strum. 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 18656 - 18718 Payroll 25950 - 25068 Pre Paid t8583 & 18654 Capital Pre Paid 144 NOW, THEREFORE,BE IT 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 The Resolution for the second part of the Check Registers as regards to the Friends of Rye Brook was read by the Assistant to the Village Administrator Rich Slingerland. This resolution was so moved by Trustee Strum, seconded by Trustee Pellino, RESOLUTION FRIENDS OF RYE BROOK, INC. 14 I 0067i)a? CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: Friends of Rye Brook, Inc. 149 & 150 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Friends of Rye Brook, inc., hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DEGLING VOTING AYE TRUSTEE :PE.LLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTINGAYE The Mayor then noted that two additional resolutions were being added to the agenda for this evening's meeting. Trustee Zuckerman noted that they would have to move these resolutions to be added to the agenda.. Trustee Strum made a motion to add these resolution, seconded by Trustee Pellino. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILH'OWSKI VOTING AYE. On the motion of Trustee 'Zuckerman, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION REJECTING ALL BIDS CONTRACT 49803 GARBAGE, TRASH AND COMPOSTABLE YARD WASTE WHEREAS, on April 15, 1998, bids were opened on Contract 99803, entitled, "Garbage, Trash and Compostable Yard Waste" after public advertisement, and bids were received from three (3) bidders, namely A& D Carting Corp., Suburban Carting Corp., and A-1 Compaction, Inc,; and WHEREAS, the bids were reviewed by the Village Administrator and the Village Engineer and the Village Administrator has questioned the qualifications of the low bidder, A&D Carting Corp., under the bid specifications to perform the class of work under the contract, including experience in rear-yard residential waste collection; and 0067:A May 26, 1998 WHEREAS, representatives of A &D Carting Corp. have asserted the company possesses the qualifications required by the specifications, and a hearing has been scheduled for Wednesday, May 27, 1998, to review and hear this and related issues; and WHEREAS, after considering the facts and circumstances, together with the specifications, the Village Board has determined it to be in the best interests of the Village to reject all bids, and request the Village's administrative personnel to review and clarify the bid specifications regarding bidder qualifications, and to re-advertise the bids. NOW, THEREFORE, BE IT RESOLVED, that all bids on Contract #9803 are rejected and upon clarified specifications the contract shall be re-bid and re-advertised as provided by law; and it is FURTHER RESOLVED, that the hearing scheduled for May 27, 1998 is canceled and Village personnel shall so notify A & D Carting as soon as practicable. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was adopted as amended: RESOLUTION EMERGENCY CONTRACT SANITATION WHEREAS, unforeseen circumstances have arisen in connection with the award of a new sanitation contract to commence in a short period of time; and WHEREAS, there is a necessity to continue to collect garbage in the Village on an uninterrupted basis until a new contract is awarded and these circumstances are within the meaning of the emergency exception to the competitive bidding laws. NOW, THEREFORE, BE IT RESOLVED, that the Village's current sanitation contract shall be extended on an emergency basis for a period of thirty (30) days following expiration thereof. 16 00675b May 26, 1998 TRUSTEE DEGLING VOTING AVE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE The next items on the agenda were the Minutes for April 28, 1998 and May 12, 1998. Trustee Zuckerman stated that he wanted to speak to the secretary and clarify information that is included in the minutes as well as information that may have to be added. At this point Trustee Zuckerman asked that the Minutes be adjourned. Mayor Filipowski stated that the next Board Meetings are June 9 and June 23, 1998 and that the Board was going into Executive Session regarding litigation matters. This was moved by Trustee Zuckerman, and seconded by Trustee Strum and unanimously approved. Before they adjourned to executive session the Mayor asked if anyone else wanted to speak. Ken Beller approached the podium and said he wanted to thank both Mayor Filipowsld and Trustee Pellino for their participation in the Memorial Day services and felt this is a good step forward. Trustee Zuckerman congratulated the Fire Department, Police Department and Ambulance Corp for their excellent responses to two medical emergencies. The meeting was adjourned at 11:50 p.m. Respectfully submitted, ����- ��t Christopher . Russo,'Village Clerk 17