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HomeMy WebLinkAbout1997-06-10 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES -- AGENDA MEETING AT 938 KING STREET TUESDAY, JUNE 10, 1997 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: ACTION: 1. PUBLIC HEARING ON THE APPLICATION OF ST. PAUL'S LUTHERAN CHURCH FOR A SPECIAL USE PERMIT TO OPERATE A CHILD DAY CARE FACILITY. 2. PUBLIC HEARING ON AMENDING THE INCOME ELIGIBILITY SCHEDULE FOR THE SENIOR CITIZENS PROPERTY TAX EXEMPTION PROVIDED FOR UNDER THE VILLAGE CODE. 3. PUBLIC HEARING ON THE APPLICATION OF UNITED CEREBRAL PALSY FOR A SPECIAL USE PERMIT TO CONVERT A SINGLE-FAMILY RESIDENCE INTO A FOOD SERVICE TRAINING CENTER. RESOLUTIONS: 4. AMENDING THE INCOME ELIGIBILITY SCHEDULE FOR THE SENIOR CITIZENS PROPERTY TAX EXEMPTION PROVIDED FOR UNDER THE RYE BROOK VILLAGE CODE. 5. AMENDING THE VILLAGE CODE TO ENACT CERTAIN PARKING PROVISIONS ON THE PREMISES OF THE ANTHONY J. POSILLIPO CENTER AT 32 GARIBALDI PLACE. 6. AMENDING THE VILLAGE CODE TO ENACT CERTAIN PARKING PROVISIONS ON THE PREMISES OF THE VILLAGE OFFICES AT 938 KING STREET. 7. CONSIDERING THE APPOINTMENT OF A LABORER IN THE RYE BROOK HIGHWAY DEPARTMENT. 8. AUTHORIZING THE VILLAGE'S TAX ATTORNEY TO ENTER INTO A COURT ORDERED STIPULATION OF SETTLEMENT WITH ROYAL EXECUTIVE PARK FOR PHASES I, 11 AND HI. June 10, 1997 AGENDA PAGE TWO 9. CHANGING THE MEETING DATE FOR THE REGULAR MEETING OF THE BOARD OF TRUSTEES FROM JUNE 24, 1997 TO JUNE 23, 1997, AT 7:30 P.M. 10. CHECK REGISTERS. WRITTEN COMMUNICATIONS: 11. WAYNE RUBIN, TRIATHLON COMMITTEE CHAIRMAN: REQUESTING REVISED APPROVAL FROM THE VILLAGE BOARD FOR USE OF THE VILLAGE STREETS FOR THE WESTCHESTER TRIATHLON ON SEPTEMBER 14, 1997. DISCUSSION: 12. PROPOSED BULK STANDARD ZONING CODE AMENDMENTS. NEXT MEETING DATES: REGULAR MEETING MONDAY, JUNE 23, 1997 AGENDA MEETING JULY S, 1997 00644 . MINUTES OF AN AGENDA MEETING: VILLAGE OF RYE BROOK BOARD OF TRUSTEES VTLLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK JUNE 10, 1997 7:30 p.m. CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino 'Trustee Eugene R. Strum Trustee Nancy Stein Tunis 'Trustee Gary J. Zuckerman Village stall'attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Village Treasurer Joseph Cortese RESOLUTIONS: 8. A8J'gTd(D .'._ING 7'HE VILLAGE'S TAX ATTORNEY TO ENTER INTO A COURT ORDERED STIPULATION OF SETTLEMENT WITH ROYAL,EXECUTIVE PARK IOId&'BASES I• II ANBD IlII: 'Trustee Pellino told Mark Tulis that the Board should have had more input for the settlements on Phases I and 11. Mark Tulis said that he would prepare specific memos for each phase. Administrator Russo agreed that there were some communication issues regarding this subject. Trustee Zuckerman said that the Board never received memos for phases I and II but received notice from the court saying they were settled. He said that the Board received a memo for phase III. MarkTulis also recommended that Ken Powell should monitor the Westchester County assessment because he had a conflict of interest. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPROVING TAX CER'T'IORARI SETTLEMENT'S FOR ROYAL. EXECUTIVE. PARK RESOLVED, that the Village of Rye Brook ratifies and approves a Royal Executive Park Phase I tax certiorari settlement for assessment years 1995 and 1996 (Royal Executive Park Phase I v. Wendlandt, et 006441 June 10, 1997 al, Index No's 95-06443 and 96-05938) as set forth in a stipulation dated December 11, 1996 and an order dated May 2, 1997; and it is FURTHER RESOLVED, that the Village of Rye Brook ratifies and approves a.Royal Executive Park Phase II tax certiorari settlement for assessment years 1995 and 1996 (Royal Executive Park Phase 11 v. Wendlandt, et al, Index No's 95-06444 and 96-05939) as set forth in a stipulation dated December 11, 1996 and an order dated May 2, 1997; and it is FURTHER RESOLVED, that the Village of Rye Brook ratifies and approves a Royal Executive Park Phase III tax certiorari settlement for assessment years 1995, 1996 and 1997 (Royal Executive Park Phase III v. Wendlandt, et al, Index No's 95-06442, 96-05937 and 97-07053) as set forth in a proposed order received on May 13, 1997 by the Village Clerk; and it is FURTHER RESOLVED, that Special Counsel Mark S. Tulis is authorized to execute and deliver all documents necessary and/or appropriate to accomplish the purposes of this Resolution; and it is FURTHER RESOLVED, that the Village of Rye Brook authorizes the refund of taxes pursuant to this settlement, as appropriate to accomplish the purposes of this Resolution. TRUSTEE STRUM VOTING AXE TRUSTEE TUNIS VOTING AXE TRUS'T'EE,ZUCKERMAN VOTING AXE TRUSTEE PELLINO VOTING AXE MAYOR C'RESENZI VOTING AXE PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE APPLICATION OF ST. PAUL'S LUTHERAN CHURCH FOR A SPECIAL USE PERMIT TO OPERATE A CHILD DAX CARE FACILITY: Mr. Morton Smith, a representative of St. Paul's Lutheran Church, said that the Church proposed to operate a child day care facility. The present building and an extended outdoor area would be used. Vehicles would enter and exit the facility from Comly Ave. Mr. Smith then gave some history of the church and said it has been running a nursery school since 1970. The purpose of the day care facility was to provide a safe environment where single parents and working parents could leave their children during the day. He said that the facility met both New York State and Village requirements. Mr. Smith said that there would be a 3000 sq. ft. play area that would contain a maximum of 15 children. He said the church would speak with neighbors about fencing and screening. The church proposed to put up a three foot chain-linked fence but would put up a six foot solid fence if it was requested. Trustee Pellino asked if the day care center would be run in the same manner as the nursery school or if there would be other activities. The church's reverend said that there would be some meetings and the office would be open during the same time as the operation. 2 006442.E June 10, 1997 Morton Smith said that they sent out 33 certified letters of notice and four were undeliverable. Trustee Zuckerman questioned the existence of fire lanes and said that drop-off and pick-up could not occur in the fire lanes. Michael Segal spoke on behalf of the surrounding neighborhood. He said a petition was signed by 33 people opposing the special permit. He said the nursery school was operated by Marilyn Brown between 1980 and 1984. The hours of operation were 8:45 a.m. to 11:45 a.m. with one day a week running until 1:00 p.m. He then read the petition. Mr. Segal said the day care center would have to comply with the new laws regarding day care centers such as fitting into the character of the environment. He said the nursery school was not intrusive before and after rush hour. He said a school bus from Port Chester picks up children in the church parking lot and traffic on King Street is already bad. The law also states that the facility not impair the value of surrounding homes. He said there is a 9,000 sq. ft. requirement for the outside play area that should also be complied with. Mr. Segal requested that hours be discussed and said solid fencing with planting would be more acceptable. Trustee Strum asked about food service. Michael Segal said that only snacks were served for the past 14 years. Morton Smith said that the children would be required to bring their own lunch. Trustee Zuckerman said the distance from the property line to the proposed fence was listed as six feet. He asked if the size of the playground could be increased without impacting the nrinimunr requirement. Mr. Segal said that they needed to meet the 9,000 sq. fl. requirement and the minimum setback. Tei ry Nuzzi of 501 Comly Ave. said that the church evicted Mrs. Brown to make room for the day care facility. She said that Rye Brook stood to lose because of heavier traffic, danger to the bus stop, and diminished safety to the Port: Chester kids in the parking lot waiting for the bus. Debris and trash would also be generated from a fiall day's menu of food because children could stay there virtually all day. Lastly, she said that it wasn't Rye Brook's responsibility to bail out the church. Steve Berger of 3 Castle View Court said traffic was already bad, especially to make left turns. He asked how the 15 children maximum on the playground was going to be enforced. Morton Smith said the state requires that young children such as infants not be on the playground. He also said there would be staggered drop-offs and pick-ups but he agreed that 7:30 a.m. would probably be the greatest drop-off time. Michael Segal asked if there was a proposal for the Port Chester bus. The reverend said there was no specific proposal and Port Chester didn't ask. However, he felt that it was safer for the children to wait in the parking lot. Trustee Tunis asked if any traffic studies were done. Mr. Christian Miller said he had not done one but he could inquire about it. Trustee Zuckerman asked who was going to use the day care center. Morton Smith said that employees 3 ()0644 June 10, 1997 of MCI and United Hospital showed a need for it as well as other single or working parents who needed a safe place to leave their children during the day. He also said there are no other major day care facilities in Rye Brook. Trustee 'Tunis asked about enrollment. Morton Smith said the church was running the facility and the enrollment would probably be on a year by year basis. Michael Segal said he and his supporters were not denying that Rye Brook would be well-served by a day care facility. He said that the problem was the location, not the use. After a motion and a second, the Board unanimously voted to close the public hearing. No action was taken on the resolution. z, PUBLIC HEARING ON AMENDING THE INCOME ELIGIBILITY SCIdI DUL'li FOR THE_SENIOR CI'T'IZENS PROPERTY TAX EXEMPTION PROVIDED FOR UNDER THE 'VILLAGE CODE: Administrator Russo said there was an increase in income amounts regarding the percentage of the assessed value exemption for seniors (65 years and older). He said that there was a schedule for the increases. Trustee Pellino asked about veterans exemption on real estate taxes. Administrator Russo said that was a totally separate exemption program. However, a senior veteran would be eligible for both exemptions. After a motion and a second, the Board unanimously voted to close the public hearing. 3, PUBLIC HEARING ON THE APPLICATION OF UNITED CEREBRAL PALSY FOR A SPECIAIL USE PERMIT TO CONVERT A SINGLE-FAMILY RESIDENCE INTO A FOOD SERVICE TRAINING CENTER: Gary Crianfrancesco, architect for the applicant, and Eric Marks, Executive Director of United Cerebral Palsy, spoke about the application. Mr. Gianfrancesco said the proposal was to convert the existing dwelling unit into a small-scale food service training facility. There would be limited interior renovations and a access ramp for handicapped persons would be added. He gave some history of the facility regarding the food service curriculum and the placement of people in food service establishments around the county. He said that the new facility would have increased training operations used for grilling, baking, ordering, inventory, cashiers, and serving. The hours of operation would be from 8:00 a.m. to 3:00 p.m. during which light breakfast and lunch would be served. The number of people in the facility would range between 16 and 18. 'Trustee Tunis thought that the new training facility was a great idea. Mr. Miller said that some things had to be addressed with regards to SEQR. After a motion and a. second, the Board unanimously voted to close the public hearing. Mayor Cresenzi asked Ken Powell to prepare the approval resolution. 4 ()Q;444' June 10, 1997 RESOLUTIONS: 4. AMENDING DING THE INCOME ELIGIBILITY SCHEDULE FOR THE SENIOR CITIZENS PROPERTY TAX EXEMPTION PROVIDED FOR UNDER THE RYE BROOD VILLAGECODE. The taxable status date as applied on the resolution was changed from January 1st to February 1st. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: RESOLUTION SENIOR CITIZEN PROPERTY TAX EXEMPTION RESOLVED, that Section 228-16 of the Rye Brook Village Code is amended to read as follows for Assessment Rolls prepared on the basis of the taxable status date occurring on or after January 1, 1997: % OF ASSESSED VALUATION_ ANNUAL INCOME EXEMPT FROM TAXATION From 0 to 18,500 50 18,500.01 19,500 45 19,500.01 20,500 40 7.0,500.01 21,500 35 21,500.01 22,400 .30 22,400.01 23,300 25 23,300.01 24,200 20 24,200.01 25,100 15 25,100.01 26,000 10 26,000.01 - 26,900 5 TRUSTEE STRUM VOTING AVE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AVE TRUSTEE .PELLINO VOTING AVE MAYOR CRESENZI VOTING AYE 5. AMENDING THE VILLAGE CODE TO ENACT CERTAIN PARKING PROVISIONS ON THE PREMISES OF THE ANTHONY J. POSILLIPO CENTER AT 32 GARIBALDI PLACE: On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: 5 00644.5) June 10, 1997 RESOLU'T'ION PURSUANT TO §240 OF THE VEHICLE & TRAFFIC CHAPTER ENACTING CERTAIN PARKING PROVISIONS ON THE PREMISES OF THE ANTHONY J. POSILi.IPO CENTER AT 32 GARII$ALDI PLACE RESOLVED, that pursuant to §240-22 of the Rye Brook Village Code and on the recommendation of the fire Chief, the Rye Brook Board of Trustees hereby designates "No Parking -- Fire Lane" along the east side of the Posillipo Center Driveway for the length of the driveway, a distance of approximately one hundred and twenty feet (120'), to a paint at which a handicapped parking space is designated on the east wall of the Posillipo Center Parking Lot; and it is FURTHER RESOLVED, that pursuant to §240-18 of the Rye Brook Village Code, the Rye Brook Board of"Trustees hereby designates "Handicapped Parking Only" on the first parking space on the east wall of the parking lot behind the Posillipo Center, at a point beginning approximately one hundred and twenty feet (120') from Garibaldi Place; and it is FURTHER RESOLVED, that pursuant to §240-18 of the Rye Brook Village Code, the Rye Brook Board of Trustees hereby designates "Handicapped Parking Only" on the eastern-most parking space along the north side of the parking lot (adjacent to the Posillipo Center); and it is FURTHER RESOLVED, that the remaining parking spaces in the Posillipo Center lot shall remain as public parking. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 'TRUSTEE ZUCKERMIAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. AMENDING THE VILLAGE CODE TO ENACT CERTAIN PARKING PROVISIONS ON THE PREMIISES OF THE VILLAGE OFFICES AT 938 ICING S'T'REET: On the motion of Trustee Tunis, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION PURSUANT TO §240 OF THE VEHICLE & TRAFFIC CHAPTER ENACTING CERTAIN PARKING PROVISIONS ON THE PREMISES OF THE VILLAGE OFFICES AT 938 ICING STREET 6 006446 June 10, 1997 RESOLVED, that pursuant to §240-22 of the Rye Brook Village Code and on the recommendation of the Fire Chief, the Rye Brook Board of Trustees hereby designates"No Parking -- Fire Lane" along the sidewalk on the east entrance of the Village Offices from a point beginning at the handicapped parking spaces on the north side of the parking lot, and running along the King Street side of the building along the curve to a point approximately eighty five feet (85) south; and it is FURTHER RESOLVED, that: pursuant to §240-18 of the Faye Brook Village Code, the Rye Brook Board of Trustees hereby designates "Handicapped Parking Only" on the two (2) western-most parking spaces closest to the building on the north side of the parking lot at the Village Offices, 938 King Street. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESEN7I VOTING AYE 7. CONSIDERING THE APPOINTMENT OF A LABORER IN THE RYE BROOK HIGHWAY DEPARTMENT: Trustee Pellino clarified that this was a replacement position not a new position. On the motion of Trustee Zurkerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF HIGHWAY DEPARTMENT LABORER RESOLVED, that Michael A. DeCarlo of 225 North Regent Street, Port Chester, New York is hereby appointed to the position of Highway Department Laborer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for this position will be $41,565 with an effective date of June 11, 1997, TRUSTEE STRUM VOTING AYE TRUS'T'EE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESEN71 VOTING AYE 9. CHANGING THE MEETING DATE FOR THE REGULAR MEETING OF THE BOARD OF TRUSTEES FROM JUNE 24, 1997 TO JUNE 23, 1997, AT 7:30 P.M.: 7 006447 June 10, 1997 On the motion of Trustee Tunis, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHANGING NEXT MEETING DATE FROM TUESDAY, JUNE 24, 1997 TO MONDAY, ,TUNE 23, 1997 RESOLVED, that the hoard of Trustees hereby changes the date of the Regular Meeting of the Board scheduled for June 24, 1997, to Monday, June 23, 1997, at 7:30 p.m. due to the conflict with the graduation ceremonies at Blind Brook High School. 10. CHECK REGISTERS: On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks 16359-16419 Pre-paid 16357 & 16420 Payroll 22933 - 23033 NOW, THEREFORE, I3E it RESOLVED, that the Board of Trustees hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATIONS: 8 006448 June 10, 1997 11. WAYNE RUBIN TRIATHLON COMMITTEE CHAIRMAN: REQUESTING REVISED APPROVAL FROM THE VILLAGE BOARD FOR USE OF THE VILLAGE STREETS FOR THE WESTCHESTER TRIATHLON ON SEPTEMBER 14, 1997: Mr. Rubin wanted to change the route from along King Street to utilize the entire North Ridge Street, Police Chief Robert Santoro was concerned about the need for additional men. Trustee Strum asked about emergency vehicle access along North Ridge Street. Administrator Russo said that more manpower would be needed to accommodate emergency vehicle access. Trustee Strum asked how much time the roads would be occupied and Trustee Zuckerman questioned how far north the participants would travel. Mayor Cresenzi asked the Board to hold the request for another two weeks in order to receive the Police Chief's input and to get some more information. Mayor Cresenzi also asked if the Village could deny the use of public streets. Ken Powell said that the Board could do that. The Board unanimously agreed to hold the issue for another two weeks. (DISCUSSION: 12. PROPOSED BULK STANDARD ZONING CODE AMENDMENTS: Mr. Christian Miller spoke about alternatives to the creation of uniform shaped lots. He evaluated the horizontal circle frontage requirements and came up with two new approaches called the belt approach and the belt and suspenders approach. The belt approach modified the horizontal circle requirements, making sure the building on the lot would be within the circle. He said this approach would avoid the problem of meeting lot requirements but putting the building in another place. The approach also maintains the frontage dimension from the street all the way to the building, and would avoid "flag" lots. Trustee Strum asked about cul-de-sacs. Christian Miller said that there is typically some relief for houses on a cul-de-sac and that pie-shaped wedges are the most efficient. Christian Miller then explained the belt and suspenders approach. He said it contained a horizontal circle change and an increase in the frontage to be the same as the horizontal circle requirement. He said that both approaches could have an impact on the development potential of the Village in the future. He told the Board that he could also do some research and provide additional information. Christian Miller also provided a set of other proposed revisions such as revised front lot line definitions, revised rear and side lot line definitions, a revised street definition, and some minor changes in subdivision regulations. Trustee Pellino asked about benchmark locations for both options. Trustee Zuckerman felt that all of the changes were beneficial and should be referred to the Planning Board. Mayor Cresenzi asked, "If the second option were implemented, would there be no more flag lots?" He said changes in frontage should have an established minimum frontage. He also suggested the minimum frontage be increased to maybe 75 ft. in order to have a better standard. 9 04a June 10, 1997 Trustee Zuckerman agreed that 75% of the horizontal circle in every district would be better. Mr. Miller said it is important to strike a balance between the two because the Board was inviting variation. Mayor Cresenzi commented on the zoning code regarding nonconformity. He said they weren't changing the footprint so people didn't have to go in front of the Zoning Board of Appeals. However, he pointed out that by changing the ordinance the Village would be creating nonconformities on existing properties. Mayor Cresenzi adjourned the meeting at 9:37 p.m. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk 10