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HomeMy WebLinkAbout1999-07-27 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING TUESDAY, JULY 27, 1999 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: 1. CONSIDERING THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY FOR 58 BOWMAN AVENUE. 2. CONSIDERING ADOPTING THE SCOPE OF DEIS ON THE APPLICATION BY KF RYE BROOK/GARDEN INN HOTEL. 3. CONSIDERING A BUDGET MODIFICATION OF$10,000 FOR POLICE DEPT. "IMPACT ON THE ROAD" COMPUTERS. 4. CONSIDERING REFERRING THE APPLICATION FOR AN AMENDED SPECIAL PERMIT BY MR. GOLDSTEIN AND DR. LEE FOR 62 BOWMAN AVENUE TO THE PLANNING BOARD. MINUTES: 5. DECEMBER 1, 1998 MEETING. 6. JANUARY 5, 1999 MEETING. 7. FEBRUARY 23, 1999 MEETING. WRITTEN COMMUNICATIONS: 8. DR. ANTHONY A. CUPAIUOLO, DIRECTOR, PACE UNIV. MICHAELIAN INSTITUTE, RE: VISITING JAPANESE OFFICIAL. REPORT: 9. MITCHELL MARKOWITZ, CHAIRMAN BLIND BROOK CLUB ACQUISITION COMMITTEE. 10. MS. MARSHA AREST, CHAIR, BLIND BROOK COMPACT COMMITTEE: REQUESTING A BANNER ACROSS RIDGE ST. -MORE- July 27, 1999 DISCUSSION: 11. GUIDELINES FOR RYE BROOK SENIOR CENTER. NEXT TRUSTEES MEETING AUGUST 17, 1999 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK TUESDAY, JULY 27, 1999— 7:30 P.M. 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 Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman ,Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Assistant to the Administrator, Richard C. Slingerland Victor Carosi, Village Engineer Robert Santoro, Chief of Police William Gerety, Building Inspector Paula Patafio, Meeting Secretary Mayor Filipowski asked for a moment of silence in memory of Nicholas Ciccone, a very exceptional person, who recently passed away. The Village of Rye Brook extends their sympathy to his father, Mr. Peter Ciccone, Trustee for the Village of Port Chester, and his family. RESOLUTIONS: 1. CONSIDERING THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY FOR 58 BOWMAN AVENUE. Trustee Degling made a motion to table this resolution. Since the last meeting the Board had received additional conditions to protect the neighborhood and therefore a resolution granting the special permit should be prepared. Trustee Brackman seconded the motion. Mr. Walter Niles of Country Ridge Drive asked what the special permit would authorize. Mr. Russo responded that this was an application to conduct a real estate business out of a home on Bowman Avenue in an area that allows professional uses. This application would require a zoning variance with regard to parking, since there is one less space than required. Mr. Miller noted that the applicant is seeking a variance and it would be a condition for approval. Trustee Degling noted that back in September the Planning Board felt that sufficient parking was available for the site along Bowman Avenue for visitors to the office. Therefore, five spaces would meet anticipated demands resulting in the applicant being one space short. Another issue was tandem parking for two cars in the garage and two outside of the garage. July 27, 1999 On the motion to table, the following vote was taken: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING NO MAYOR FILIPOWSKI VOTING NO 2. CONSIDERING ADOPTING THE SCOPE OF DEIS ON THE APPLICATION BY KF RYE BROOK/GARDEN INN HOTEL. Mr. Miller noted that at the Village Board's last meeting, this resolution was up for adoption. It was the consensus of the Board at that time not to act on this application until some basic questions were addressed. Specifically, the Board had requested that the Village Building Inspector make an official determination of zoning compliance for the proposed application. The Board had received a copy of that determination which identified a number of zoning deficiencies. Trustee Zuckerman noted that with the many zoning deficiencies officially set to paper the Village Board needed to come to grips with some issues. One issue was the size of the parcel. Another was the size of the hotel that could be built on it. Additionally, there were questions of wetlands, setbacks and things of that nature which had brought the Building Inspector and Village Attorney to the conclusion that this was a non-compliant application. The question now was what to do. He felt that the applicant had the choice to accept the determination of the Building Inspector and take that interpretation to the Zoning Board of Appeals, in which case the Zoning Board would ultimately determine what this application and project would look like should it come to pass. On the other hand, the Village Board needed to see if there were any zoning amendments that needed to be looked at for an ultimate determination. Trustee Zuckerman felt it was not the appropriate time to pass the Scope because he was not sure of how many variables in the scope might need to be addressed. Trustee Herman noted that the scope was the beginning of a very long and extensive process. He felt that in fairness to the applicant the various difficulties with zoning should be looked at. Mayor Filipowski asked for Mr. Miller's guidance regarding this application. Mr. Miller felt that the most appropriate course of action would be to ask the applicant to respond to this zoning determination in terms of how they may want to modify its application; by amending the plans, choosing to seek variances or possibly amending its current petition to amend the zoning text. Therefore, asking the applicant to respond would be the most appropriate course of action. Mayor Filipowski requested feedback from Mr. Bruno Gioffre, the representative for the applicant. Mr. Gioffre asked whether or not the interpretation or opinions given to the Board by the Consultants are acceptable or whether the Board will chose to inquire further. He further stated that the applicant takes the position that the code can be read differently; specifically Section 250-2, 250-6 and 250-34. The property is zoned for hotel use and this sets up the parameters for this kind of use but it does not limit or prohibit the manner in which that use may be practiced so long as the use itself is conducted in the zone permitted for that purpose. He further consented to a finite period of an extension of time for the Board to make decisions. The applicant stated that the Village of Rye Brook has, prior to the submission of this application, made text changes to this 250-34 section of the code and asked, what is the impact and 2 July 27, 1999 effect of those amendments to this site and to the utility and usability of the site. The applicant would like some direction from the Board before they arc compelled to come in with answers to questions which require attention by the Board and input from the applicant. Mayor Filipowski stated that the Board will require written comments in order to find a common ground. Mr. Gioffre noted that the applicant is willing to respond in writing, without delay. Mr. Miller noted that this dialogue is necessary in order to make an informed decision. He also noted that there has been an official determination by the Building Inspector and at this point the most appropriate thing would be to see how the application can be modified in response to this as opposed to having the Board of Trustees override the official determination of the Building Inspector. Mr. Powell agreed with Mr. Miller and noted that it will be very valuable to hear the applicant's response. Mr. Miller noted that some of the zoning compliance issues are not a function of the application but a function of the zoning text as it stands today. Certain of these failures to comply are not the applicant's doing as there were changes to zoning text that did make this property non-conforming. With the existence of the Khan case the Board cannot take the position that the zoning changes made the property non-conforming. The question now ,is, "Does it comply?" Mayor Filipowski asked Mr. Powell for a clarification of the time frame. Mr. Powell responded that in SEQR regulations the applicant and this Board can agree upon appropriate adjournments as necessary. Mr. Miller reiterated that if the applicant concurs the adjournment would be appropriate. Mr. Gioffre responded that the applicant will concur with an understanding on the part of the Board that this be kept to a tight timetable. A decision was made to place this item on the agenda for August 17th. This was acceptable to the applicant. Mr. Steven Silverberg, attorney for the Doral Greens Homeowners Association, felt that since the application did not comply, it was not a full application. He asked to be kept informed on the status of this application and to be sent copies of all correspondence. Mr. Gioffre agreed to copy Mr. Silverberg in on all responses. There was no further discussion, and the Board agreed unanimously to adjourn this matter to August 17, 1999. 3. CONSIDERING A BUDGET MODIFICATION OF$10,000 FOR POLICE DEPARTMENT "IMPACT ON THE ROAD" COMPUTERS. Mayor Filipowski announced that this item was being removed from the agenda for this meeting because the Police Chief asked for more time to review some possible other monies available before making this transfer.. He then moved to the next item. 4. CONSIDERING REFERRING THE APPLICATION FOR AN AMENDED SPECIAL PERMIT BY MR. GOLDSTEIN AND DR. LEE FOR 62 BOWMAN AVENUE TO THE PLANNING BOARD. Mr. Russo read the resolution. Trustee Degling noted that Mr. Goldstein, under special permit, had been using this building for the practice of law for some time, but was selling the property to Dr. Lee. He commented that Mr. Goldstein would remain as Dr. Lee's tenant. Village Attorney Ken Powell was asked, and replied that a special use permit runs with the land, provided the property owner complies with all conditions of approval. When 3 July 27, 1999 there is a change of use it might require a review by the Board. On the motion of Trustee Herman, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION REFERRING THE APPLICATION TO THE PLANNING BOARD FOR AN AMENDED SPECIAL PERMIT 62 BOWMAN AVENUE MICHAEL GOLDSTEIN AND DR. MYUNG-HO LEE RESOLVED, that the application for 62 Bowman Avenue by Michael Goldstein, Esq., and Dr. Myung-Ho Lee to amend the special permit for the existing premises at 62 Bowman Avenue to utilize the first floor space for the practice of cardiology, is referred to the Planning Board for a report and recommendation; and it is further RESOLVED, that the applicant shall pay the sum of$1,000 into the professional fees/environmental review fund, and such additional sums as may be requested to defray the costs of review of the application. Trustee Brockman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye MINUTES: 5. DECEMBER 1, 1998 MEETING. 6. JANUARY 5, 1999 MEETING. 7. FEBRUARY 23, 1999 MEETING. On the motion by Trustee Zuckerman, seconded by Trustee Degling, the minutes were approved as amended by a vote of 3-0, Trustees Brackman and Herman abstaining since they were not on the Board at that time. Mayor Filipowski asked Mr. Russo to look into the fact that Journal News does not carry any scheduled meetings or events regarding Rye Brook. Mr. Russo responded that his office was working on this. Mr. Slingerland noted that there was no longer a reporter assigned to the Village. However, he had sent schedules of all Village meetings, but none of the schedules, or information sent, was being published. Trustee Degling suggested that other Boards and committees should pass along significant information to be forwarded to the Journal News. Trustee Herman noted that the Journal News did not list Rye Brook as one of the communities it covers. Trustee Zuckerman requested information on county funds that were being expended on Anderson Hill Road for capital repairs and road expansion. Mr. Russo responded that an inquiry was made but no 4 July 27, 1999 response has been received. He will continue to follow up on this issue. He did note that Mr. Paul Noto stated that work was being done on Anderson Hill Road in Rye Brook, and Mr. Slingerland checked the County Board of Legislators schedule that listed approvals for Harrison and Rye. WRITTEN COMMUNICATION: 8. DR. ANTHONY A. CUPAIUOLO, DIRECTOR, PACE UNIVERSITY MICHAELIAN INSTITUTE, RE: VISITING JAPANESE OFFICIAL. Mr. Russo noted that this program had been in existence for a number of years. This year Mr. Yoshio Tsuchie a professional administrator from one of the prefectural governments in Japan, would visit Rye Brook to receive a general orientation into village government. He would spend time in every department and learn about how a local government operates. REPORT: 9. MITCHELL MARKOWITZ CHAIRMAN BLIND BROOK CLUB ACQUISITION COMMITTEE. Mr. Markowitz addressed the Board. He noted that at end of 1998 the Village Board had formed the committee to study the acquisition of the Blind Brook Club on Anderson Hill Road. The Committee has five members, all in real estate related careers. The Blind Brook Club is 160 acres in size and it is located in an R-20 zone. Many different aspects and items have been studied with regard to the Club property, including relevant zoning. Mr. Miller was asked to give an analysis of the potential range, use and build- out of the site. He concluded that it is an R-20 zone and single family homes on 20,000 sq. ft. lots is a permitted use. Another use is a golf club. The site is also eligible for a PUD and, therefore, an analysis was done on that basis as well. Based upon Mr. Miller's analysis the site could be developed with 200 single family homes, and under the PUD it could be developed with approximately 500 townhouses or 500,000 sq, ft. of commercial space or some combination thereof. In order to determine the value of the Club the Committee examined the different uses and their impact.. They looked at single-family homes, townhouses, the existing golf club and, finally, a commercial use. o. They applied industry standards for land value, deducting typical and customary cost, and derived a land value. They checked their conclusions by looking at existing projects in Rye Brook, i.e., Belle Fair and Red Roof Farms. The highest value for development of the site is a R-20 zone with single family homes. It was the Committee's opinion that the value based upon that use would be $19-22M. When looking at a townhouse development the Committee based it upon one similar to the Arbors and the value would be between $16M and $22M. In analyzing the use of the site as an office complex they assumed the land acquisition would cost approximately $15,000, added in demolition costs, site improvement costs of $30,000 per acre, building construction costs of$125 per sq, ft., and improvement costs. Based upon these costs it was derived that the cost of the project would be $121M for 500,000 square feet of office space. They then utilized a $30/sq. ft, number, took off operating costs, a mortgage payment, etc. and got to a bottom line of$460,000 income per year. The return on this project would be less than 2% and economically this is a failure. The next project they looked at was a golf course use. The value for this project is $15M for the property when used as a golf course , this is less than its value as a single-family development. The Committee noted that the best use for this property would be 200 single-family homes. 5 July 27, 1999 Trustee Degling asked if the Committee, when completing the golf course analysis, considered additional capital that would need to be expended. Mr. Markowitz noted that they assumed that it would be operated as a golf course "as is." They estimated how many rounds of golf could be played, the cost to each user to play a round and then generated an income stream based upon that and then took off the cost to operate it. No costs for renovation were considered. Mr. Milton Meiskin noted that a presentation was made over a year ago. He felt that a survey of the community should be taken to see how many people would join this golf club. He noted that this is the last piece of green space in the Village of Rye Brook. He felt that it should be preserved for the residents. He noted that at the Rye Golf Club the caterer put up $500,000 to renovate the catering hall so that the City of Rye would be able to have better facilities and he only asked for a ten year lease. He pointed out that Lake Isle Golf Club has two pools, a huge catering hall, six tennis courts and all this is on 114 acres. The Blind Brook Club is situated on 155-160 acres. He felt that all the information should be gathered and then presented to the community for their input. ,Mr. John Bladt, Blind Brook Club General Manager, addressed the Board. He noted that the Blind Brook Club is not for sale and will never be for sale, and they will vigorously oppose any attempt to be taken over. He stated that this Club has been around for 86 years. They currently employ 60 to 70 people per year with a payroll of approximately $1.1M per year. The Club currently pays $480,000 per year in taxes. Additionally they generate $1.5 to $2M for outside vendors. The Club has a $35,000 to $40,000 Caddy Scholarship Fund. The members love the club and want to keep it just the way it is. The Village of Rye Brook has a very prestigious club here that is recognized all over the country. On Mondays the Club allows people of Rye Brook and Rye to play golf. The Blind Brook Club is always willing to help the community. Mayor Filipowski noted that if the Club sold out, the Village of Rye Brook has a right of first refusal. This would mean that the Village would have 30 days to decide. As this decision would require more than 30 days, this research is a way of preparing in the event that this decision would need to be made. Mr. Bernard Abel noted that this Club is a beautiful piece of property and having a municipal complex would be of great benefit to the Village. This Club is now restricted to a very few, very wealthy CEOs. No women were allowed until very recently. They do contribute, but we do have the right of eminent domain and it is felt that it would be better for the entire community to have a facility such as this. He also noted that the Cerebral Palsy facility which is being considered will cost the Village approximately $3.5M and the residents will have restricted use. He felt that utilizing this money for the purchase of the Blind Brook Club would be much more beneficial for the residents of Rye Brook. He noted that user fees would alleviate any tax burden to the Village. Also noted was that a municipality can take over a golf course for recreational purposes for Village residents. Trustee Zuckerman commented on the cost of amortization and it was decided that further study would be needed. Trustee Zuckerman noted that it is the feeling of many residents that if the Club is willing to sell it would be fine. Many people are totally opposed to taking the club by eminent domain, as they respect the right of private property owners. He noted that, as Mr. Able pointed out, the Village does have the right of first refusal, with a 30 day window. He felt that it would be appropriate to continue to research this issue. 10. MS. MARSHA ARE ST, CHAIR, BLIND BROOK COMPACT COMMITTEE: 6 July 27, 1999 REQUESTING A BANNER ACROSS RIDGE STREET. This item was removed from the agenda for lack of details or backup information from Ms. Arest. The next item on the agenda was called before the Board. 11. GUIDELINES FOR RYE BROOK SENIOR CENTER. Mr. Russo summarized the new guidelines for the Rye Brook Senior Center. These guidelines had become necessary to assure a pleasant and safe visit to the Center by all. They covered basic operating issues. The senior center is open to all Rye Brook residents age 60 or older, or the spouse of 60 or older participant. All members must be able to function independently, with a minimal of assistance. There is a personal care section and a section regarding disruptive behavior. This is a basic, fundamental guide. On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, the Trustees agreed ,unanimously to put this item on for the next meeting to be ratified. Mayor Filipowski announced that due to vacations and other scheduling conflicts the Board of Trustees would schedule one meeting in August, on August 17, 1999 at 7:30 p.m. Mayor Filipowski asked for an executive session regarding personnel and legal advice. On the motion of Trustee Brackman, seconded by Trustee Degling, the Board agreed unanimously to enter into an Executive Session on Personnel and legal issues. There being no further business before the Board, the meeting was adjourned at 8:55 p.m. Respectfully submitted, //G^✓/'` Christopher J. Russo, Village Clerk 7