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HomeMy WebLinkAbout1998-06-23 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 23, 1998, 1998- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: I. CONSIDERING THE APPLICATION BY FIRST UNION NATIONAL BANK TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN. 2. CONSIDERING A REFERRAL TO THE PLANNING BOARD OF THE APPLICATION FOR A PROPOSED AMENDMENT TO THE EXISTING APPROVAL FOR PHASE 3 OF ROYAL EXECUTIVE PARK, NOW CALLED RECKSON EXECUTIVE PARK. 3. CONSIDERING A REFERRAL TO THE PLANNING BOARD OF THE APPLICATION BY SOUND FEDERAL SAVINGS TO AMEND THE SITE PLAN FOR THEIR PROPERTY ON SOUTH RIDGE STREET. 4. CONSIDERING ACCEPTING THE BELLEFAIR PERFORMANCE BOND. 5. CONSIDERING APPROVAL OF THE PRELIMINARY PLAT ON THE RED ROOF FARM PROPOSAL. 6. CHECK REGISTERS. MINUTES: 7. APRIL 28, 1998 BOARD MEETING. 8. MAY 12, 1998 BOARD MEETING. DISCUSSION: 9. ARROW W OOD/PFIZER INC. DEIS.: NEXT TRUSTEES MEETING: JULY t4, 1998 006771 MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK JUNE 23, t998 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 Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Treasurer, Joseph Cortese Rural/Metro Fire Chief Martin Drexelius Police Chief Robert J. Santoro Assistant to the Administrator, Richard C. Slingerland Village Engineer, Victor Carosi, P.E. Planning Consultant, Christian K. Miller, AICP t. CONSIDERING AN APPROVAL RESOLUTION FOR THE APPLICATION BY FIRST UNION NATIONAL BANK TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN The Village Administrator read a summary of the conditions in the resolution. The Village Attorney noted a couple of changes and corrections to the resolution as well. They were Page 2, Paragraph I a.., substituting cones for jersey barriers and I b., additional provisions put in or a variance granted on signs. Trustee Zuckerman noted the"Town" of Rye Brook should be "Village" of Rye Brook. Trustee Strum also had a change with the caption on Page 2. Christian Miller noted that is how the plan reads. Trustee Strum then asked in Paragraph 1 item d, the accommodation between shopping center owner and adjoining property owner, included eliminating plantings? Mr. Cuddy asked if he could respond as the owner of the shopping center. He stated that Mrs. Mead, the owner of the adjoining property reminded him that there was an oral agreement with her father for approximately 20 years that his property could encroach on the owner's property. They have given her irrevocable license to accommodate the encroachment and as part of that, they have eliminated some planting in the northwest corner in order to permit the accrual of snow and plowing. Trustee Strum asked if that was the area previously discussed regarding noise from the ATM machine? Mr. Cuddy responded, no it was west of that area on West William Street. Trustee Pellino had a question on signs and asked if it was their intent to go with the original plan of three signs. Mr. Cuddy responded that his architect was not available but that they would probably have to go to the Zoning Board of Appeals for a variance to accommodate their request for 1 June 23, 1998 either larger or more signs. The plan only relates to complying signs. Trustee Pellino wanted to know how much of a variance there would be and Mr. Cuddy responded that he didn't think it was significant although he could not speak from first hand knowledge. Trustee Degling responded that the logo sign for First Union occupied approximately 29.75 square feet which is within the signage law. They wish to put one sign facing Ridge Street, one sign at right angles to Ridge Street and a third sign facing the entrance of the Food Emporium. Each sign would be 29.75 square feet and there is a requirement to get a variance for signs on three sides of the building. On the motion of Trustee Strum, seconded by Trustee Degling, the following resolution was adopted as amended: RESOLUTION FIRST UNION NATIONAL BANI{ AMENDED SITE PLAN AND SPECIAL PERMIT WASHINGTON PARK PLAZA WHEREAS, on or about February 11, 1998, the Washington Park Plaza Associates, 90 Maple Avenue, White Plains, New York made an application to the Village of Rye Brook for a site plan and special permit amendment; and WHEREAS, the property involved in the application is within the Washington Park Plaza Shopping Center in the Village of Rye Brook in an OB-S zoning district, and is also known and shown on Village tax assessment maps as Section 1, Block 26, Lot(s)10.1 and 10.3; and WHEREAS, the application seeks to amend the site plan and special permit for the property in order to construct a new 3,500 to 4,000 square foot bank building to replace the existing 600 square foot bank building; and WHEREAS, on or about May 14, 1998 the Planning Board recommended approval subject to several modifications; and WHEREAS, the applicant has prepared and presented an environmental assessment form (EAF) under the State Environmental Quality Review Act in connection with the proposed action and after due consideration of the information contained in the EAF, the nature of the application which involves the replacement of a banking building in an existing shopping center with a larger, but moderately sized bank building, and other information available to it in the record, the Board of Trustees, has determined that the action will not have a significant adverse impact on the environment and a draft environmental impact statement will not be prepared; and WHEREAS, on June 9, 1998, the Board of Trustees conducted a public hearing on the application after due notice, at which public hearing all persons wishing to be heard on the application was afforded an opportunity to be heard; and 2 006776 June 23, 1998 WHEREAS, it is found that the applicable special permit standards of Rye Brook Zoning Law Section 250-6(H) are satisfied for the issuance of an amended special permit; and WHEREAS, the amended site plan and special permit application consists of the following plans: First Union National Bank, "Village of Rye Brook" (sic), Westchester County, New York prepared by Chazen Engineering and Land Surveying Co., P.C. and having the following sheet number, sheet titles and revision dates: Sheet No, Title Date C-1 Site Plan 4/10/98 C-2 Site Plan 4/13/98 C-3 Temporary Site Plan 4/13/98 C-4 Grading and Utilities Plan 4/29/98 C-5 Landscape Plan 4/28/98 C-6 Details 1 4/29/98 C-7 Details 2 4/29/98 C-8 Photometric Plan 4/29/98 Drawings prepared by Neil Carnow, Architect and having the following sheet numbers, sheet titles and revision dates: Sheet No. Title Date SD-2 Exterior Elevations 4/29/98 SD-3 Exterior Elevations 4/29/98 NOW, THEREFORE, BE IT RESOLVED, that the application for an amended site plan and special permit is approved and the Mayor is authorized to sign the amended site plan and the amended special permit may be issued, subject to the following conditions: CONDITIONS TO BE COMPLETED BEFORE AMENDED SITE PLAN IS SIGNED OR AMENDED SPECIAL PERMIT IS ISSUED 1. Prior to the signing of the amended site plan, or issuance of the amended special permit, the plans shall be revised, as follows: a. The plans shall be revised to address the recommended changes in the memorandum dated May 21, 1998 of Frederick P. Clark Associates, Inc., Christian K. Miller, AICP, to the satisfaction of the Village's Planning Consultant, with the substitution of orange cones to replace the concrete "Jersey Barriers." 3 006771 June 23, 1998 b. The plans shall be revised so that all signs proposed will comply with the Village's Sign Law to the satisfaction of the Building Inspector, unless a variance is granted by the Zoning Board of Appeals. c. The plans shall be revised to correct a survey date which is March 18, 1998, not July 24, 1995. d. The plans shall be revised to eliminate plantings in an area at the northwest corner of the site where there is an accommodation between the shopping center owner and an adjoining property owner at 24'l S. Ridge Street. 2. Prior to the signing of the amended site plan or amended special permit, all outstanding professional fees/environmental review charges incurred by the Village in connection with the review of the application shall be paid in full, satisfactory to the Village Administrator, 3. Prior to the signing of the site plan or issuance of the special permit, proof shall be submitted showing that all approvals have been obtained from all other public agencies having jurisdiction, satisfactory to the Village Engineer. OTHER CONDITIONS APPLICABLE TO AMENDED SPECIAL PERMIT AND SITE PLAN 4. This approval shall be deemed null and void one year from the date of adoption of this Resolution, unless the site plan is signed and a building permit is obtained in compliance with this approval and other applicable provisions of law. 5. Any construction shall be diligently undertaken after the building permit is obtained and shall be completed with reasonable dispatch in accordance with the approved plans. 6. Following completion of construction, an "as built" plan shall be provided to the Village, satisfactory to the Village Engineer. , 7. The applicant may maintain a temporary bank facility until the permanent building is ready for use. 8. All landscaping shown on the plans shall be maintained in good condition. Dead, diseased or sparsely foliated trees and plants shall be replaced at the beginning of the growing season, as needed, including when maintenance or replacement is directed by the Building Inspector. 9. Lighting shall be utilized and adjusted so as not to cause undue disturbance of the surrounding properties, including when adjustments are directed by the Building Inspector. 10. The architectural features of the new building shall be subject to the approval of the Board of Architectural Review. AND IT IS 4 I 006`1"lab June 23, 1998 FURTHER RESOLVED, that all previous site plan, special permit and other approvals in effect regarding the property, and conditions and requirements thereof, shall remain in full force and effect, except as modified herein. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 2. CONSIDERING A REFERRAL TO THE PLANNING BOARD OF THE APPLICATION FOR A PROPOSED AMENDMENT TO THE EXISTING APPROVAL FOR PHASE 3 OF ROYAL EXECUTIVE PARK, NOW CALLED RECKSON EXECUTIVE PARK The applicant for this proposal was represented by Salvatore Campofranco and Tom Kerwin of Reckson Associates, Dan Tartaglia and Janet Giris, attorneys on the project and Michael Divney, Engineer. Mr. Campofranco started the presentation by stating that they are the new owners. He gave an overview of the design features and asked Michael Divney to give a review of the site plan and current application. He stated that there were 16 professionals in charge of this project on a day-to-day basis. He noted that the site had tremendous potential but that it had suffered from absentee management. He further noted that the changes they are proposing will make it more marketable and upgrading it will be the key to its success. Tom Kerwin then showed a computer illustration of the proposal which amounts to two identical buildings. It also showed the proposed landscaping plan and green areas. Mr. Campofranco stated that marketing the two buildings meets the needs of the current tenants in the market place and that they should be able to tap a fair amount of the market share. He further stated that changes being presented to the Board of Trustees are necessary for them to realize this and that Phases 1 and 2 were fully occupied. Mr. Divney went over the.site plans showing two drawings; one an aerial photograph. They indicated Phases 1 and 2 on the property amounting to 79 acres and the two proposed buildings representing 360,000 square feet. With the new plans the main entrance road continues on in a circle indicating your arrival at Phase 3 and shows parking accommodations with maximum flexibility of movement. The second element of the original plan was a storm water retention basin located in the lower portion adjacent to the Blind Brook, which is the western boundary. The western boundary continued as a basic ingredient of the original site plan concept with the southwest run off less then what leaves the site now. Commitments made were for greater or better than 76%, and in fact, provides better detention. The second element of the broad design on storm water management was the creation of the storm water quality basin which allows water to pass through two pretreatment basins. They are designed to hold the first flush of storm water amounting to 100,000 cubic feet of storage in addition to the 21 acre feet in the main basin. This will meet the requirement of storing and controlling for a 24 hour period. Also, by replanting they will be able to pull the grading back considerably and leave in place some important trees and vegetation that protect the Blind Brook. A total of 1 1/4 acre of land at that boundary will remain undisturbed as well as almost 3/4 of acre along the northern boundary. The creation of the two new buildings and the circulation that occurs makes it now possible for a vehicle to traverse the entire rear 5 i 006779 June 23, 1998 portion of the building. The revised site plan enhances the original storm water quality and reduces the impact of the project on the Blind Brook. The total development has been provided with parking at a proposed ratio of 4 per thousand. A portion of the parking will be located beneath the building along with the loading docks in that location. Local Law currently requires 5 spaces per thousand but the applicant feels 4 spaces will be sufficient for marketing uses and that 5 are not necessary. At the main entrance to the site, traffic improvements are required to accommodate Phase 3. An alternate plan is more efficient and provides a double left turn lane at the single driveway, along with a widening of the site internally to the front entrance. In summation the plan calls for a clearly defined main entrance drive, a formal garden, carefully designed and functional internal access roads and addition of increased water quality to meet the standards of today. Trustee Strum asked about the parking under the buildings and whether this changed the elevation from the previously approved project. Mr. Divney responded it was a similar elevation. Trustee Degling noted that the client showed a 50 foot elevation which is consistent with the Zoning Code, Mr. Divney further noted that the height of the building is well within the Zoning Code. Dan Tartaglia noted that this presentation is before the Board for their referral to the Planning Board to begin the site planning process. Their letter of June 9" sent to the Board goes through a history of the approvals on the site. He further noted that the project has been done in 3 Phases and this third phase represents the final phase of 900,000 square feet. He stated that there is an original approval for 345,000 square feet which was extended by the Board in 1995 for 5 years. The application is an amended site plan application to add an additional 15,000 square feet of office space. The applicant upgraded the project to fit into the community and to make it environmentally more sensitive. The only action requested this evening is referral to the Planning Board along with the Board's declaration of intention to act as lead agency. Trustee Zuckerman asked if it were correct that they were asking for a Conditioned Negative Declaration since the Board had recent experience with this and Mr. Tartaglia responded that there has been extensive environmental work done with respect to this project over the years. Mr. Divney then noted that the first floor elevation of the building had gone up in order to create the parking and loading underneath it. This amounted to an increase of 6 feet. Trustee Degling suggested that in view of the discussion of the water treatment facility and the expanded containment basin along with the proximity of the Blind Brook, it would be wise to simultaneously submit this application to the Environmental Committee to get their views as well on the adequacy and effectiveness of the plan. He also suggested looking at the Blind Brook to make sure that all our current applications are consistent. Because of the interrelationship of the three current Village projects this should be considered early by the Environmental Committee. Dan Tartaglia said they would be happy to do that and coordinate the review. The Mayor asked Christian Miller for his response and he felt it was a good idea. Trustee Strum asked that the Planning Board make an early recommendation on the SEQRA rather than taking the project to its conclusion. Mr. Miller noted that the determination and significance of SEQRA is the responsibility of the Board. First the Board has to declare their intent to be lead agency. No action can take place until 6 006780 June 23, 1998 after 30 days at which time the Board needs to evaluate the application and make a determination of significance. If, as part of that, the Board wants the Planning Board recommendation, they have the authority to do that. Ultimately, however, the responsibility for the SEQRA review is with the Board. Trustee Strum asked for a bifurcation of what the Planning Board recommends so they deal with the proper recommendation of the declaration under SEQRA first. Then the Board can either agree or not and allow the applicant time to comply before the Planning Board proceeds with the rest of the review on the project. Christian Miller stated that this sounded appropriate except for the possible issue of the Planning Board not feeling they had enough information to make an informed decision or recommendation. Mr. Miller noted that the Board could set a time limit for the Planning Board to make a determination but they may not have enough information to do so. Trustee Zuckerman asked why the Board of Trustees could not handle the SEQRA operation while the Planning Board deals with the site plan. Mr. Miller stated that he preferred that which is really the intent of SEQRA regulations, and the Village Board is responsible for that decision and everything that leads up to it. If the Board wanted to provide limited comments to the Planning Board that would be fine but the Board needs to request what it needs to make an informed decision. Mayor Filipowski suggested Mr. Miller give them guidelines so everything can go at a parallel pace. Christian Miller responded he would and noted that although the Board wants to separate these issues, they are interrelated. Dan Tartaglia suggested another option to first have the Board declare itself lead agency which takes 30 days. He noted there should be a Planning Board meeting during that time and they might consider ways to limit a scope of the issues which concern them most. These are issues the Planning Board should be able to identify readily before they get too deeply into the process. Christian Miller noted there has been a significant amount of environmental work that has been conducted in connection with the project, some of which is still valid. SEQRA provides for supplements to that documentation if it is deemed necessary. Mayor Filipowski asked if the resolution needed to be modified to reflect this discussion or can it be passed and consider the rest afterwards. Christian Miller stated it was a good idea to refer both applications simultaneously. The Village Attorney noted that the resolution would need to be amended to add the Advisory Council on Environmental Conservation in addition to the Planning Board. The Mayor then asked for a consensus from the Board to make that change and they all agreed. Trustee Zuckerman asked that when the Board is considering the environmental impact whether they are consideringjust the addition or the entire Phase 3. He noted there is already an approval for the 345,000 square feet. Does the Board have to go back to the beginning and review the entire project or only the environmental impacts created by the addition. Christian Miller felt it would be a little bit of both. Trustee Zuckerman felt that if they were dealing with the entire project there would be no question that they would need a Positive Declaration but if they are only dealing with the small area and a few parking spaces it might result in a different declaration. Christian Miller noted SEQRA provides for three criteria, the first is changes in the proposed action, the second would be even without changes there may be changes in circumstances due to passage of time, i.e. new laws, new regulations, etc. and the last would be new information that is discovered. He felt you had to look at all these criteria in terms of making a determination. Mr. Tartaglia noted they were starting with base information and prior approvals with 7 I Ute67€3.x. June 23, 1998 some modification. There are other things the Board may want to look at along with the base information. Trustee Pellino asked if what the Board was looking at was basically a supplement to that initial review. He wanted Mr. Miller to lay out to the Board what that really means in terms of what each Board should be looking for. He also noted that copies of pertinent documents from the original review should be supplied to the committees, particularly any agreements about downstream water flow as it pertains to the City of Rye. He thought the site fell under a prior agreement with the City of Rye to have more water retention on the site than the 110% the Village has used as its benchmark, He wanted to know from Christian Miller what is involved in conducting a supplemental update to the original full environmental review. Mr. Miller responded that a supplemental is focused on specific issues which may not have been addressed or properly addressed or new information in the original documentation. A supplemental is subject to the entire environmental review process. The importance of it is to have new information prepared, circulated and commented on. The Village Attorney stated that the Board needed to find out what the results were of the environmental studies done in the past and then determine what needed to be done. He felt they could not at this point establish what the procedure would be until they found out what happened in the past. Mr. Miller also noted that some of this application stands on its own since the applicant has already prepared studies . Trustee Degling noted that WAC 3 was just passed and engineers have learned a lot since 1990 on water detention control. All the changes in the law and technology therefore have to be considered in connection with the facility to be built not just the expansion. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted as amended: RESOLUTION REFERRING THE APPLICATION BY RECKSON ASSOCIATES TO THE PLANNING BOARD AND THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION FOR A REPORT AND RECOMMENDATION TO AMEND THE EXISTING SITE PLAN APPROVAL FOR ROYAL EXECUTIVE PARK (NOW RECKSON) PHASE 3 (SEC. 1, BL. 3, LOT 2, 3 & 4) RESOLVED, that the application by Reckson Associates to amend the existing site plan with respect to the property located at 1100 King Street in Rye Brook (Section 1, Block 3, Lots 2, 3 & 4) with regard to Royal Executive Park (now Reckson Executive Park) Phase 3 is referred to the Planning Board and the Advisory Council on Environmental Conservation for a report and recommendation; and it is 8 �'{1 Q//Qyy /y 006 182 June 23, 1998 FURTHER RESOLVED, that the Village Clerk shall circulate to all involved and interested agencies a notice stating the intent of the Village Board of Trustees to act as Lead Agency with respect to this matter; and it is FURTHER RESOLVED, that the applicant shall make a deposit into the professional fees/ environmental review fund in the sum of$5,000 and such additional sums as may be requested to defray the costs of review for this application. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 3. CONSIDERING A REFERRAL TO THE PLANNING BOARD OF THE APPLICATION BY SOUND FEDERAL SAVINGS TO AMEND THE SITE PLAN FOR THEIR PROPERTY ON SOUTH RIDGE STREET. The resolution was read by the Village Administrator. Trustee Strum noted that he wanted this referred to the Planning Board but wanted them to look at three particular items, one of which is the placement of the ATMs and noise and safety issues involved with this, the drive-in window being at the back of the bank and security issues related to this and the traffic patterns and the number of curb cuts that have been created on the site. On the motion of Trustee Strum, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION REFERRING THE APPLICATION BY SOUND FEDERAL SAVINGS & LOAN ASSOCIATION TO THE PLANNING BOARD TO AMEND THE EXISTING SITE PLAN APPROVAL FOR ITS PROPERTY ON SOUTH RIDGE STREET (SEC. 1, BL. 24, LOTS IA & 22) RESOLVED, that the application by Sound Federal Savings& Loan Association to amend the existing site plan with respect to the property located at South Ridge Street in Rye Brook (Section 1, Block 24, Lots 1 A & 22) is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall make a deposit into the professional fees / environmental review fund in the sum of$1,000 and such additional sums as may be requested to defray the costs of review for this application. 9 June 23, 1998 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CONSIDERING ACCEPTING THE BELLEFAIR PERFORMANCE BOND. The resolution was read by the Village Administrator. There was no discussion on this item. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted as amended: RESOLUTION APPROVING THE BELLEFAIR PERFORMANCE BOND RESOLVED,that the sufficiency of the Performance Bond of the American Home Assurance Company submitted by the Bellefair Home and Land Company (by Spectrum Skanska Corp. for the Development formerly known as Highpoint) in accordance with the approval resolution of the Board of Trustees dated January 27, 1998, to guarantee the infrastructure improvements including sewer, water, drainage, roads, sediment and erosion control, and traffic improvements, required by the Highpoint Village (now Bellefair) Resolution in the sum of Nine million, nine hundred and five thousand, two hundred and thirty dollars ($9,905,230) is approved. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. CONSIDERING APPROVAL OF THE PRELIMINARY PLAT ON THE RED ROOF FARM PROPOSAL. Mayor Filipowski asked if Christian Miller had comments and he responded that the Board had been provided with a draft with all additions noted in double underline as well as provisions to be removed. He noted that the only substantive change in terms of conditions was on Page 8, items M and N which was the consensus of the Board. Trustee Strum asked for a schematic of lots 28 and 29 and Mr. Miller pointed out that those two lots had frontage on internal roads and he demonstrated what they were proposing to be restricted. The Village Attorney noted that when there was an actual name for the road it could be substituted since the road needs to be provided on the plat. Mr. Konigsberg stated he has already submitted draft restrictive covenants for those lots to the Village Attorney for his review. ]0 006784 June 23, 1998 Trustee Zuckerman asked if there was a picture of the facade for lots, 3, 4 and 5. Mr. Miller responded that regardless of a rendering, the intention is to not have a facade greater than two stories on any side of the building. Mr. Konigsberg showed a drawing previously submitted and Trustee Zuckerman asked for the old one to compare it to, but none was available. Trustee Zuckerman then asked the difference in height for the new drawing compared to the old. Rob Aiello of John Meyer Consulting responded the previous drawing showed the grade coming off the basement and now it is coming off the first floor elevation 3 '/z feet higher. The height of the building is identical but the pitch of the roof is different. Mr. Konigsberg then asked for a modification to the preliminary plat on Page 8, letter L at the top. He stated that due to the length of construction season in this part of the country, his client wanted to start the road construction on the site but would prohibit any dwelling until the offsite drainage system is completed and satisfactory. He further noted that he wanted to do this without any disturbance for the neighbors. The Village Engineer responded that the offsite storm water management system is critical to the project and the applicant should be able to move quickly on that and that would not adversely affect the project. Mr. Konigsberg did not disagree but felt it was almost like two separate drainage systems split at the top of the property and if they could start cutting roads on the eastern portion only that would be helpful. He agreed that it would not take a long time to put the Bonwit storm water structure in but it would still be helpful to the developer. Trustee Strum asked if they would complete the storm water management for the eastern side of the property before they put the road work in there. Mr. Konigsberg responded that he wanted all the Bonwit drainage pipes put in at the beginning and at the same time as the demolition of the buildings, and would like to begin cutting in the roads on the eastern portion of the site. Trustee Strum asked again if the storm water management system on the eastern portion would be functioning before the existing topography is disturbed. Christian Miller noted that what was unique about this provision is that these are offsite improvements and it is therefore important to have them in place. The other storm water system will have to be done in tandem. Given that these other items are offsite improvements, which will cause temporary disturbance to Village streets, it is important that it be provided first. Discussion continued. Trustee Degling then asked if the Betsy Brown drainage system had to be put in before the lower road since it is onsite. Mr. Konigsberg responded that it is all done in tandem and with the way item L is drafted the developer is not allowed to do anything. The Mayor noted that it is important that the building gets demolished first. Trustee Degling suggested wording stating that the offsite and onsite storm water improvements shall be installed. Christian Miller responded that the onsite system is going to be prepared in conjunction with the road, utilities, etc. There will be temporary disturbance where drainage will be provided for with the implementation of the storm water system. Trustee Zuckerman asked if it was the Village Engineer who has ultimate authority and Mr. Miller said yes. The Village Attorney suggested the Village Engineer come up with the language to substitute in item L. Discussion followed regarding the language. Christian Miller read the change to be made. Trustee Strum asked that the driveways from lots 1 and 2 onto No. Ridge provide for a turnaround and this was this shown on the plan that way. Mr. Miller felt it should be incorporated as a condition and asked the Village Attorney if number 6 could be modified and language was incorporated. Roger Herman asked if the changes could be outlined, especially the issue of the bond. Christian Miller responded that the issue of the bond will be addressed as part of final plat approval and in the preliminary plat there is an engineer's estimate for the performance bond. These issues are more appropriately included at the time of final plat. He then gave a summation of what items had been discussed at the work session meeting. 11 1 006785 June 23, 1998 On the motion of Trustee Pellino, seconded by Trustee Degling, the following resolution was adopted as amended: RESOLUTION RED ROOF FARM PRELIMINARY SUBDIVISION PLAT APPROVAL TAX LOT 14 OF BLOCK 5, SECTION 1 IN THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees received an application dated November 12, 1996 of Kip Konigsberg on behalf of Red Roof Farm, LLC (hereinafter referred to as the "applicant") for preliminary subdivision plat and wetlands permit approval for the subdivision of a 22.25- acre parcel of land located in the R-15 One-Family Residential District into 43 building lots; and WHEREAS, at its November 26, 1996 meeting, this matter was referred by the Board of Trustees to the Planning Board for its review and recommendation; and WHEREAS, the applicant in a letter to the Board of Trustees dated January 30, 1997 amended its application to request approval for a conservation subdivision process pursuant to Article X of the Village of Rye Brook Subdivision Regulations and Section 7-738 of the New York State Village Law and that the maximum "lot count' for the conservation subdivision be based on a conventional subdivision plan consisting of 40 lots; and WHEREAS, at the May 27, 1997 meeting of the Board of Trustees, the applicant withdrew its request seeking authorization to use the conservation subdivision process and stated that it would only seek an application for conventional subdivision approval for 40 lots; and WHEREAS, the Planning Board unanimously recommended at its December 11, 1997 meeting that the Board of Trustees approve the proposed subdivision and wetlands permit application; and WHEREAS, the comments of the Village of Rye Brook Advisory Council on Environmental Conservation were submitted to the Board of Trustees by way of a letter from its chairman dated March 10, 1998; and WHEREAS, a duly advertised public hearing on the subdivision and wetlands permit application was held on May 26, 1998 and closed on that date at which time all those wishing to be heard were given the opportunity to be heard; and WHEREAS, the applicant has submitted drawings generally entitled Red Roof Farms Subdivision, 200-202 North Ridge Street, Village of Rye Brook, Neiv York, prepared by John Meyer Consulting and having the following sheet numbers, sheet titles and revision dates: 1. Cover Sheet 2. Sheet DM-1 entitled, Demolition Plan, dated 9/24/97 and last revised 12/29/97. 3. Sheet SP-1 entitled, PrelinrinaryLayout Plan, dated 6/26/97 and last revised 11/24/97. 12 U(D6"18 June 23, 1998 4. Sheet SP-2 entitled, Preliminary Grading Plan, dated 6/26/97 and last revised 11/24/97. 5. Sheet SP-3 entitled, Preliminary Utilities Plan, dated 6/30/97 and last revised 12/29/97. 6. Sheet SP-4 entitled,Preliminary Sediment and Erosion Control Plan, dated 8/28/97 and last revised 11/24/97. 7. Sheet SP-5 entitled, Preliminary Landscape Plan, dated 6/26/97 and last revised 11/24/97. 8. Sheet SP-6 entitled, Construction Details, dated 6/25/97 and last revised 11/24/97. 9. Sheet SP-7 entitled, Construction Details, dated 6/25/97 and last revised 11/24/97. 10, Sheet PRP-1 entitled, Preliminary Road Prgfiles, dated 6/26/97 and last revised 8/28/97. 11, Sheet PG-1 entitled, Preliminary Lot Grading Plan, dated 11/24/97. 12, Sheet PL-1 entitled, Preliminary Limit of Disturbance Platt, dated 11/24/97. 13. Plan V-1 entitled, Visual Impact Analysis Plan, dated 10/30/97 and last revised 12/29/97. 14. Sheet WM-1 entitled, Wetland Mitigation Plan, dated 10/27/97 and last revised 11/24/97. 15. Sheet SOD-1 entitled Schematic Off-Site Drainage Imprommeni Plan, dated 12/29/97. WHEREAS, the applicant prepared and the Board of Trustees and Planning Board reviewed alternative zoning compliance plans each having an alternative road configuration and site access location; and WHEREAS, the Board of Trustees hereby finds that the proposed road configuration is the preferred alternative since it allows for the integration of the proposed subdivision into the adjacent neighborhoods to the north and south with no significant adverse impact on traffic circulation within these neighborhoods and that the preferred alternative avoids the creation of a new road intersection on North Ridge Street which is a heavily traveled roadway; and WHEREAS, the proposed development would result in the loss of an approximately 0.68-acre wetland located on the southwest corner of the property; and WHEREAS, in accordance with the standards and criteria identified in Section 245-8 of the Village's Wetlands and Watercourses Law, the Board of Trustees hereby finds that the impacts to the existing wetland are necessary and unavoidable and that there is no feasible alternative to the proposed activity that would eliminate or minimize wetland disturbance and provide for a suitably configured parkland reservation adjacent to Pine Ridge Park; and WHEREAS, to offset wetland impacts, the applicant has prepared a wetland mitigation plan consistent with the requirements of Section 245-9 of the Village's Wetlands and Watercourses Law 13 I j9 00678 / June 23, 1998 which plan will result in the creation of a new stormwater wetland area; and WHEREAS, in accordance with the standards for permit decisions identified in Section 245-8 of the Village's Wetlands and Watercourses Law, the Village Board of Trustees hereby finds the following: a. The new stormwater wetland mitigation area will not have an adverse impact on neighboring land uses and will maintain or exceed the fixnctions of the existing wetland on the property including wildlife habitat, open space preservation, public access, recreational opportunities and other wetland functions as set forth in Section 245-1 of the Village's Wetlands and Watercourses Law. b. The Board of Trustees in its review of the proposed wetland disturbance has anticipated future wetland activities and the cumulative affect of wetland disturbances. C. The wetland disturbance and wetland mitigation area will not adversely impact flood flows, flood storage or water quality. d. The wetland disturbance and wetland mitigation area will not pose safety hazards from flooding, erosion, hurricane winds, soil limitations or other hazards or result in anticipated losses to the applicant or subsequent purchasers of property. e. The wetland disturbance and wetland mitigation area will not adversely impact water supply or waste disposal. f. The wetland disturbance and wetland mitigation area is consistent with Federal, State, County and local comprehensive land use plans and regulations. g. No other feasible or preferable alternative locations exist that would eliminate or minimize the wetland disturbance and provide for a suitably configured parkland reservation adjacent to Pine Ridge Park. WHEREAS, the applicant has submitted an on-site and off-site stormwater management report to address concerns of the Board of Trustees, nearby residents and downstream communities regarding the provisions for controlling the stormwater runoff for the proposed development; and WHEREAS, the stormwater management reports have been reviewed and approved by the Village's Consulting Engineer, who has indicated that the proposed stormwater system will not have a significant impact on adjacent properties or the Blind Brook and that the alternative method of detaining stormwater on the subject site is not beneficial; and WHEREAS, it is found that a proper case exists for requiring that a park or parks be suitably located for playgrounds and other recreational purposes, based on the needs analysis and recommendations identified in the 1987 Rye Brook Recreation Study and an evaluation of the present and anticipated future needs for park and recreational facilities, including projected population growth to which this subdivision will contribute, and after assessing the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, additional facilities in the immediate neighborhood, and the prospective character of the residential development, a park reservation is suitably and properly shown on the plat, which the applicant has stated will be dedicated to 14 i 006788 June 23, 1998 the Village for incorporation into Pine Ridge Park; and WHEREAS, the applicant submitted a Full Environmental Assessment Form (EAF) for the proposed action which EAF has been revised and supplemented with additional studies and analysis throughout the environmental review process including reports regarding fiscal/school impacts, wetland impacts and mitigation, traffic, stormwater management and off-site stormwater management; and WHEREAS, the Board of Trustees declared its intent to be lead agency under the State Environmental Quality Review Act (SEQRA) with respect to the review of the proposed action and a notice to this affect was circulated on or about February 19, 1997 to all involved and interested agencies; and WHEREAS, the Board of Trustees by way of resolution dated April 24, 1997 declared itself lead agency, having no objections been received within thirty (30) days of the circulation of the Board's notice of intent; and WHEREAS, the Village of Rye Brook Planning Board at its January 8, 1998 meeting recommended that the Lead Agency adopt a negative declaration with respect to the proposed action; and WHEREAS, the Board of Trustees, acting as lead agency, by way of resolution dated April 14, 1998, adopted a conditioned negative declaration under SEQRA in connection with the proposed action; and WHEREAS, said conditioned negative declaration was circulated and published as required by SEQRA; and WHEREAS, the Board of Trustees established a minimum 30-day comment period on the imposed conditions included in the conditioned negative declaration; and WHEREAS, the Board of Trustees received comments on the conditioned negative declaration both in writing and at the public hearing held on May 26, 1998; and WHEREAS, the Board of Trustees is familiar with the subject property, its surroundings and the complete record and has reviewed the proposed subdivision in accordance with the requirements and standards for approval in the Village's Zoning Code, Subdivision Regulations and Wetlands and Watercourses Law. NOW, THERE FORE, BE IT RESOLVED, that based upon its review of all substantive comments and the criteria for the issuance of a positive declaration in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617.7(d)(2), the Board of Trustees hereby re-affirms the findings in its resolution of April 14, 1998 which adopted a conditioned negative declaration for the proposed action and that the preparation of a draft environmental impact statement is not required; and be it 15 0067 3 3 June 23, 1998 FURTHER RESOLVED, that the application for preliminary subdivision plat approval is hereby approved subject to the modifications and conditions listed below which are requirements to be met at the time of the application for final subdivision approval; and be it FURTHER RESOLVED, that a wetlands permit shall be granted with any appropriate conditions at the time of final subdivision plat approval subject to the completion of the modifications and conditions listed below. CONDITIONS TO BE COMPLETED BEFORE FINAL PLAT IS SUBMITTED 1. The applicant shall produce a final plat in accordance with the provisions of Section 219-40 of the Village's Subdivision Regulations and the submittal of an application for final plat approval, or a written request for an extension of preliminary plat approval, within one-hundred and eighty (180) days of the date of the adoption of this resolution. 2. The applicant shall submit verification from the Receiver of Taxes that all taxes assessed against the property, which are due and owing, have been paid. 3. The final plat and other subdivision plans shall be revised to indicate the new tax lot numbers for the subject lots as assigned by the Town of Rye Tax Assessor. 4. The applicant shall pay all professional fees, environmental charges and all other applicable Village fees to the satisfaction of the Village Administrator. 5. The final plat shall and all other subdivision plans shall be revised to indicate the road names of all proposed streets. 6. A common driveway easement including a provision for a vehicle turnaround for Lots 1 and 2 shall be provided in a form satisfactory to the Village Attorney. 7. The final subdivision plat shall include the following notes. Suitable documentation shall also be presented in a form satisfactory to the Village Attorney which provides for the following restrictions. a. No driveway access to North Ridge Street or Betsy Brown Road shall be permitted for Lots 3, 4, 5 or 6. b. The construction of principal dwellings and driveways and associated grading on Lots 3, 4 or 5 shall substantially conform to that shown on the Preliminary Lot Grading Plan dated 11/24/97. C. No accessory building, wall, fence or other permanent structure shall be permitted in the rear yards of Lots 3, 4 or 5 along North Ridge Street or Betsy Brown Road. 16 006790 June 23, 1998 d. All future property owners shall be responsible for maintaining all plant material in a healthy and vigorous growing condition as shown on the landscape plan dated 6/26/97 and last revised 11/24/97. Any plants not so maintained shall be replaced with healthy new plants of comparable size, type and quality. e. No future property owner of Lots 4 and 5 shall locate any building or accessory building on top of the sub-surface stormwater management system. f. No accessory building shall be permitted in the rear yard of Lots 17, 18 or 19 unless a solid fence is provided along all property lines abutting the parkland dedication area. g. The sidewalk along the entire frontage of the subject site with North Ridge Street shall be repaired and improved by the applicant to the satisfaction of the Village Engineer. h. There shall be no site disturbance or vegetation removal of any type within the twenty-five foot (25') wetland buffer area located on Lots 16 and 17 as shown on the Wetland Mitigation Plan dated 10/27/97 and last revised 11/24/97. i. No principal dwelling shall be permitted on Lots 16 and 17 within thirty-five (35) feet of the side lot line adjacent to the wetland mitigation area. j. No construction or building permit shall be issued on Lots 15 or 16 until the Stormwater Management Plan has been implemented and the stormwater management system is functioning to the satisfaction of the Village Engineer. k. The off-site stormwater improvements as shown in the Stormwater Management Plan shall be installed and functioning to the satisfaction of the Village Engineer prior to any on-site construction within the western drainage basin on the property. 1. No facade-of a principal dwelling on Lots 3, 4 or 5 shall exceed two (2) stories in height. M. No driveway access to "main road" (or the road to the south of these two lots) shall be permitted for Lots 28 and 29. 8. The construction details shall be revised to the satisfaction of the Village Engineer regarding the type of material to be used for the stormwater management system. 9. The final subdivision drawings shall be revised to show a detail of the proposed grading and plant material within the North Ridge Street right-of-way adjacent to the common driveway for Lots 1 and 2. 10. The wetland mitigation plan shall be revised to the satisfaction of the Village Planning Consultant to include additional vegetation within the proposed wetland buffer. 11. The applicant shall submit an engineer's estimate for the amount of the performance bond which will be revised upon final plat approval subject to review of the Village's Engineer. A performance bond will be required in a form and amount acceptable to the Village Attorney and 17 i UU6791, June 23, 1998 Village Engineer and approved by the Village Board of Trustees shall be posted in the amount of one-hundred percent (100%) of the total cost of the site improvements including, but not limited to construction of the wetland mitigation area, sewage, water, drainage, roads, sediment and erosion control measures and traffic improvements. The performance bond shall provide that all improvements be completed within three (3) years form the effective date of the resolution of final plat approval. In the event any such improvements are dedicated to and accepted by the Village, a one year maintenance bond shall be furnished to the Village in a sum determined by the Village Engineer, 12. The Preliminary Landscape Plan shall be revised to retain, to the extent practical, the existing vegetative screen along North Ridge Street and Betsy Brown Road. The thinning or removal of dead or unhealthy vegetation shall be permitted. Such buffer shall also be supplemented with evergreen trees at least ten (10) feet in height to the satisfaction of the Village Planning Consultant. 13. The final plat shall be revised to eliminate the pedestrian path which extends from North Ridge Street to the western cul-de-sac on the"Main Road". 14. The final plat shall be revised to include a sight easement at the intersection of the North Ridge Street and the common driveway for Lots 1 and 2. 15. The applicant shall prepare a stormwater pollution prevention plan to the satisfaction of the Village Engineering Consultant. 16. The final plat shall be revised to address to the satisfaction of the Village Engineering Consultant the outstanding technical comments presented in the memorandum from Dave A. Getz, P.E. of Leonard Jackson Associates to the Village of Rye Brook Planning Board dated October 6, 1998. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mr. Konigsberg thanked the Board members and requested a letter from the Mayor in order to make a submission to the Health Department. Christian Miller responded that it was appropriate at this time. 6. CHECK REGISTERS On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been 18 i 00671,,'e June 23, 1998 submitted to the Treasurer's Office and Budget Officer for payment: On-Line Checks 18800 - 18868 (97-98) 18903 - 18950 (98-99) Medicare 18952 - 18978 Pre paid Checks 18798, 18901, 19801 & 19802 Payroll 26172 - 26292 Capital 2809 & 2810 Environmental 146 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 On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION FRIENDS OF RYE BROOK, INC. 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. 154 Friends of Rye Brook, Inc. 151 & 152 (Manual Checks) 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 Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 19 i 0067913 June 23, 1998 MINUTES 7. APRIL 28, 1998 BOARD MEETING 8. MAY 12, 1998 BOARD MEETING The minutes for both meetings were adjourned until the next Board Meeting on July 14, 1998. DISCUSSION: 9. ARROWWOOD/PFIZER INC. DEIS The Village Administrator noted that they had received the draft DEIS on June 9"' and that Christian Miller would go over the procedural aspects of it. It was noted that it is the Board's decision as lead agency whether to accept this document within 45 days. Mr. Miller stated his office would provide the Board with their comments on the document and whether it should be accepted. It is only being reviewed with respect to how it addresses the information presented in the approved scope and whether it is complete. These are not necessarily substantive issues. Any factual errors need to be corrected. Mr. Miller anticipated that it would not be accepted as complete at this time and that the applicant would then have to revise it and resubmit it for approval within 30 days. Once it is accepted, the Board must schedule a Public Hearing along with the site plan application. Trustee Zuckerman asked if it would not be a good idea, especially with this project, to keep in touch with the Planning Board and perhaps have joint work session. Mr. Miller felt that would be a good idea. Trustee Pellino agreed and felt that a joint meeting was needed at this time to discuss the zoning status of the entire site. He stated that he has expressed this before and that the site is not being referred to properly as a PUD site. Mr. Miller responded that this has been a long-standing issue. Discussion followed as to whether it was possible to have a joint session with the Planning Board on June 9"' to go over the zoning status on this project. The Village Attorney noted that he had given the Board his opinion of the zoning of the site. He also stated there were two ways of clarifying the status; one for the Board to exercise its legislative powers, which is probably the preferable solution and the second is to get a determination from the Zoning Board of Appeals. Trustee Zuckerman stated that the Board's approach should be to hold a Public Hearing and state what the zoning should be within their legislative powers. Christian Miller noted that it was not only what the zone is but which standards apply. He further noted that the Board would be making a determination that it is in the R20 district and what standards apply. The Mayor asked Mr. Miller what the best way was to resolve this and he responded he wanted time to prepare something for the Board's consideration and work with the Village Attorney to provide appropriate courses of action. Mr. Miller suggested something could be provided by the next Board Meeting. Christian Miller also stated that they could provide the Planning Board with some of the Board's concerns and they can entertain the application as they see tit. Bruno Gioffre spoke for the applicant and felt it was important to set forth a joint meeting between the Planning Board and the Village Board. He felt it would be a great benefit to the applicant in light of all the circumstances. He respectfully requested that a work session be scheduled and it was noted it would depend on whether Christian Miller could get something in writing to the Board before that time. The Mayor then noted that the next Board Meeting was on July 14t" and that there would be an Executive Session on fire negotiation on Thursday, June 25th. The Village Administrator noted that a vote was necessary to call an Executive Session and Trustee Zuckerman asked if it could be called as a 20 t 006794 June 23, 1998 regular meeting in case they had to vote on anything and then go into Executive Session. The response was yes and the meeting was scheduled for 7:30 p.m. on a motion by Trustee Zuckerman, seconded by Trustee Degling and unanimously approved. The Mayor then asked for comments from the public. Peter Pitocco asked about the status of 900 King Street, The Mayor responded that on May 26'x'the Board passed a resolution approving the way the building had been set up since previous documentation had been lost. The potential occupant is examining the necessary documents and evaluating what they are going to do. Trustee Strum noted that the final agreement on the PILOT had not been voted on by the Board. The Village Administrator noted that the possible purchaser has not made a decision as yet. Mr. Pitocco wanted to suggest that a deal be made with the new owner that parking and a walk way be included for people attending the Board meetings at Village Hall. It was noted that this was in the agreement if and when a decision is made. Trustee Zuckerman noted that Mort Smith sent a letter in May of this year suggesting we start a program with trees and stones in order to memorialize people from the Village. He wanted to move forward on considering such a program. It was suggested that it be referred to the Environmental Council. The Mayor noted the Village's Birthday Party was a success. The meeting was adjourned at 9:25 p.m. Respectfully submitted, Christopher eRusso, Village Clerk 21