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HomeMy WebLinkAbout1998-08-18 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, AUGUST 1.8, 1998-7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. PROPOSED ADDITION TO THE HOME LOCATED AT 28 TALCOTT ROAD. 2. SITE PLAN AMENDMENT APPLICATION BY ACKERMAN-TOLCHIN MOVIE THEATER @ SOUTH RIDGE STREET. RESOLUTIONS: 3. CALLING FOR PUBLIC HEARING ON A LOCAL LAW AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. 4. CALLING FOR A PUBLIC HEARING ON A PROPOSED FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. 5. ADOPTING SIGN LAW AMENDMENT 6. CONSIDERING THE RECOMMENDATION OF THE PLANNING BOARD REGARDING RECKSON EXECUTIVE PARK, PHASE 3 NEGATIVE DECLARATION UNDER SEQRA ON THE AMENDED SITE PLAN APPLICATION. 7. CONSIDERING THE SUMMERFIELD SUITES DEIS. 8. APPROVAL OF DECLARATION OF RESTRICTIONS OF GRANT STREET HOUSING. 9. SUPPORTING LEGISLATION URGING EARLIER BAR CLOSING HOURS. 10. BOARDS AND COUNCILS APPOINTMENTS - PAGE 2 - 11. ROTATION OF BOARDS AND COUNCILS CHAIRPERSONS. 12. CHECK REGISTERS (INCLUDING FRIENDS OF RYE BROOK, INC.) WRITTEN COMMUNICATIONS: 13. LETTER FROM MILT MEISKIN, ACTING CHAIR OF THE BLIND BROOK RECREATION CENTER COMMITTEE. REPORTS: 14. GEORGE DATINO ON RYE BROOK BIRTHDAY PARTY DISCUSSIONS: 15. STATUS OF ARROW WOOD/PFIZER DEIS NEXT TRUSTEES MEETINGS: SEPTEMBER 8, 1998 SEPTEMBER 22, 1998 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 MEETING VILLAGE HALL, 938 KING STREET AUGUST 18, 1998 CONVENE MEETING Mayor Filipowski convened the meeting at 7:30 p.m. and the Pledge of Allegiance followed. The Following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee 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, Robert Ponzini Assistant to the Administrator, Richard C. Slingerland Police Chief, Robert J. Santoro Fire Chief, Martin Drexelius Village Engineer, Victor Carosi Village Treasurer, Joseph Cortese Superintendent of Parks &Recreation, Thomas Hroncich Secretary to the Village Administrator, Janet Skrobola REPORTS: 14. RYE BROOI{BIRTHDAY PARTY 1998 This report was taken out of order and was presented by George Datino and Chris Inzero, Co- Chair of the Rye Brook Birthday Committee. Mr. Datino stated that the Birthday celebration was a great success and that there were many community and in kind contributions to this event. There were two presentations made, one for Spectrum/Skanska, Inc. for their contribution. The other was for the people who work behind the scenes, Frank Errigo and his staff. Frank Errigo than gave a check in the amount of$1,250 in memory of his father. Tom Hroncich noted that this donation will cover the plaque and work at the water fountain at Pine Ridge Park. The Mayor thanked Mr. Errigo and his family for his generous gift. Mr. Datino then noted that they needed more volunteers for this event. -1- August 18, 1998 PUBLIC HEARING: 1. PROPOSED ADDITION TO THE HOME LOCATED AT 28 TALCOTT ROAD. Christian Miller summarized this application and noted that it was referred by the Planning Board to the Board of Trustees. He stated that this is a very modest addition to an individual home in a development which has no standards for a building inspector to be able to issue a building permit. The Village Board was interested in implementing bulk standards or some other procedural mechanism so that such minor applications would not have to go through such a lengthy Planning approval process. Mr. Miller noted that the application was for a 240 square foot addition, that the Planning Board had recommended approval and that it was also approved by the Talcott Woods Homeowners Association. Christian Miller stated that discussion had been pursued regarding certain minimum thresholds to be established so the Building Inspector will have the authority to grant building permits in compliance with building code regulations. Mr. Miller stated that this would be easier to implement than the bulk standards. He also felt there were two issues to deal with at this time; the immediate application and the procedures to be followed for future applications of this kind. It was noted that the decision on overall procedures did not have to be made this evening in order to grant the approval for the subject application. Discussion followed regarding whether minor items such as this application should be referred to the Planning Board or be handled by the Board of Trustees directly. Trustee Strum felt that he would prefer that the Planning Board handle applications for minor additions rather than the Village Board. Mr. Miller felt this was something to be considered but was unconventional that a board . serving in an advisory capacity would be able to grant approval on minor applications. He also noted that most municipalities do not handle these applications as the Village of Rye Brook does. Dr. Niles had a question as to whether there were any guidelines, in writing, that dictate how the Board is guided, and if there are no guidelines, what recourse does someone have in the event they are initially turned down. He noted that it was important to establish guidelines for this procedure before the changes are made. Christian Miller responded that if this was delegated to someone like the Village Engineer, there would need to be a relief mechanism in place. Discussion followed as to whether this was a function of the Zoning Board of Appeals. Mayor Filipowski asked if this application could be dealt with now in terms of a motion and the Village Administrator responded yes. Mr. Russo asked if any feedback had been received from the Talcott Woods Homeowners Association. Mr. Miller stated he had spoken with the President of the homeowners association and that he stated he would be bringing this matter before their board in order to establish some standards. He also noted that it is difficult to establish uniform standards for this very un-uniform development and that is why other options should be pursued as well. Trustee Pellino expressed concern on keeping certain acres forever green but Mr. Miller assured him that the common open area cannot be developed. On the motion of Trustee Strum, seconded by Trustee Degling it was unanimously approved to close the hearing. -2- August 18, 1998 Trustee Strum suggested they consider a resolution to approve this application tonight. The Village Administrator had a resolution prepared which he then read. On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following Resolution was adopted: RESOLUTION APPROVAL OF THE SITE PLAN AMENDMENT APPLICATION OF CHRISTOPHER MIOVSKI 28 TALCOTT ROAD (SEC. 1, BL. 5-11, LOT 14) WHEREAS,the Board of Trustees of the Village of Rye Brook received an application from Christopher Miovski of 28 Talcott Road to amend the site plan of the Talcott Woods Cluster subdivision (Sec. 1, Bl. 5-H, Lot 14) and add approximately 240 square feet of space to an existing home at 28 Talcott Road; and WHEREAS, prior to submission of the application the applicant sought and received the approval of the Talcott Woods Home Owner's Association; and WHEREAS, the Board of Trustees requested a report and recommendation from the Rye Brook Planning Board by August 14, 1998; and WHEREAS, the Rye Brook Planning Board met at a public meeting on August 4, 1998 and unanimously recommended approval of the application; and WHEREAS, the Board of Trustees called for a public hearing on the application by a notice duly published on July 20, 1998, in the Daily Item, the official newspaper of the Village of Rye Brook; and WHEREAS, the Board of Trustees held a public hearing on August 18, 1998 and heard all parties who wished to make comment on the application. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees hereby finds that the application is a Type II Action under SEQRA which requires no further environmental review; and be it -3- August 18, 1998 i FURTHER RESOLVED, that the Board of Trustees hereby approves the application of Christopher Miovski to amend the site plan of the Talcott Woods Cluster subdivision (Sec. 1, Bl. 5-H, Lot 14) and add approximately 240 square feet of space to an existing home at 28 Talcott Road in accordance with the following plans: Sheet Title • Miovski's Residence Addition& Alteration 28 Talcott Rd, Rye Brook, Approved by the Village of Rye Brook Architectural Review Board on 6/17/98; • Miovshi's Residence Addition& Alteration 28 Talcott Rd, Rye Brook, 2°"Floor Plan; • Miovski's Residence Addition & Alteration 28 Talcott Rd, Rye Brook, First Floor Plan; Y Miovski's.Residence Addition& Alteration 28 Talcott Rd, Rye Brook, Existing Rendering; • Miovski's Residence Addition & Alteration 28 Talcott Rd, Rye Brook, Proposed Rendering; • Miovski's Residence Addition & Alteration 28 Talcott Rd, Rye Brook, Partial I`Floor Plan; • Miovski's Residence Addition & Alteration 28 Talcott Rd, Rye Brook, Partial 2°`1 Floor Plan; and be it FURTHER RESOLVED, that the Mayor is authorized to execute any and all documents necessary or appropriate to accomplish the purposes of this approval Resolution; and be it i FURTHER RESOLVED, that except as modified herein, the Site Plan of the Talcott Woods Cluster Subdivision shall remain the same. 2. SITE PLAN AMENDMENT APPLICATION BY ACKERMAN-TOLCHIN MOVIE THEATER @ SOUTH RIDGE STREET. John Averett, the architect for the project stated that. he was available to answer any questions with regard to the applicant's request for a site plan amendment. He gave a brief overview of the amendment to the theater from a twin cinema to a multiplex four cinema while maintaining the seating capacity and without expanding the existing building envelope. He noted that the Planning Board had approved the plans for this amendment. Trustee Pellino asked if there would be appropriate additional exits placed in the new sections of the theater and Mr. Averett assured him there would be one new exit created at the rear of the building. Trustee Pellino then asked if they would have sprinklers and the Village Engineer responded that they were required to do so according to the code. The Mayor then asked for public comments on this proposal. George Datino requested the number of people expected at any given time at the theater, if this would be an increase and how the cinema was planning to handle the traffic. Brian Ackerman responded that shows would be staggered without any increase in capacity and that traffic should decrease rather then increase. Discussion followed and it was agreed that the staggered hours of -4- August 18, 1998 movie times would reduce the traffic in the complex. There being no further comment and on the motion of Trustee Strum, seconded by Trustee Pellino and with Trustee Degling abstaining, it was approved to close the hearing and have a resolution on for the next Board Meeting on September 8, 1998. RESOLUTIONS: 3. CALLING FOR PUBLIC HEARING ON A LOCAL LAW AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. The resolution was read by the Village Administrator. This local law should be available 10 days prior to the Board Meeting to be held on September 8, 1998. On the motion of Trustee Degling, seconded by Trustee Strum the following Resolution was adopted by a vote of four to one. On the motion of Trustee Pellino, seconded by Trustee Strum the Resolution was reconsidered and adopted as amended: RESOLUTION CALLING FOR PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK IN RELATION TO THE RYE BROOK FIRE DEPARTMENT RESOLVED, that the Board of Trustees of the Village of Rye Brook will hold a public hearing on September 8, 1998 at 7:30 p.m. at the Anthony J. Posillipo Center, 32 Garibaldi Place, Rye Brook, New York 10573 on a proposed Local Law amending the Code of the Village of Rye Brook in relation to the Rye Brook Fire Department; and it is further RESOLVED, that the Village Clerk shall cause a notice of public hearing to be published in the time and manner provided by law, substantially as follows: PUBLIC HEARING NOTICE PLEASE TAKE NOTICE, that a public hearing will be held by the Rye Brook Board of Trustees on September 8, 1998, at 7:30 p.m. at the Anthony J. Posillipo Center, 32 Garibaldi Place, Rye Brook, New York 10573 to consider a proposed Local Law amending the code of the Village of Rye Brook regarding the Rye Brook Fire Department, including the Section 31-3 entitled "charge of apparatus." Persons wishing to be heard on this proposed Local Law are invited to attend and will be heard. -5- August 18, 1998 A copy of the proposed Local Law is available for review in the office of the Village Administrator, 938 King Street,Rye Brook, New York 10573 during regular business hours. BY ORDER OF THE BOARD OF TRUSTEES Village of Rye Brook Christopher J. Russo Village Administrator/Clerk Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Nay Mayor Filipowski Voting Aye 4. CALLING FOR A PUBLIC HEARING ON A PROPOSED FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. The resolution was read by the Village Administrator, Trustee Strum had comments regarding scheduling this hearing before the local law hearing and whether the Village was still proceeding to take all steps necessary to form a municipal department in case this contract does not get approved by the two Villages. The Village administrator responded that 27 firefighters had recently taken the agility test in response to the Village's request.. Trustee Zuckerman commented that he did not believe the proposed contract was beneficial to the Village, would be voting against holding the Public Hearing and unless the terms are changed, he would vote against the contract. He noted there were very few benefits to be gained by this contract besides the low cost. It was noted by the Village Administrator that Port Chester will be holding their public hearing on this issue on the same night, September 8, 1998. George Datino suggested that if the Board expected a lot of people at the public hearing that they might consider an alternate site. Trustee Strum suggested the resolution be amended to reflect the possibility of an alternative site. The Mayor asked if there is flexibility on this issue and Mr. Ponzini responded that for practical reasons, the entire meeting should be moved. Discussion followed as to the possibility of alternate locations. It was recommended to amend the current resolution and to amend the previous one as well so that the entire meeting would be held at a the A.J. Posillipo Center. On the motion of Trustee Strum, seconded by Trustee Degling the following resolution was adopted as amended. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED FIRE -6- August 18, 1998 PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER RESOLVED, that the Board of Trustees of the Village of Rye Brook will hold a public hearing on Tuesday, September 8, 1998 at 7:30 p.m. at the Anthony J. Posillipo Center, 32 Garibaldi Place, Rye Brook, New York 10573 on a proposed fire protection contract with the Village of Port Chester; and it is further RESOLVED, that the Village Clerk shall cause a notice of public hearing to be published in the manner provided by law, substantially as follows: PUBLIC HEARING NOTICE PLEASE TAKE NOTICE, that a public hearing will be held by the Rye Brook Board of Trustees on September 8, 1998 at 7:30 p.m. at the Anthony J. Posillipo Center, 32 Garibaldi Place, Rye Brook, New York 10573 on a proposed fire protection contract with the Village of Port Chester. Described in general terms, the proposed fire protection contract is a multi-year contract, commencing on or about October 1, 1998 and extending to May 31, 2001, under which the Village of Rye Brook will pay an annualized amount of$657,875.29 for fire service (such amount to be prorated for the 8 month period through May 31, 1999), with the additional two (2) years contract price to be annually adjusted based on the CPI -U index, and which contract may be extended for one additional year upon the same terms and conditions at Rye Brook's option. The proposed contract provides, among other things, for firefighters of the Rye Brook Fire Department to provide a portion of fire service for Rye Brook, under the supervision of the Port Chester Fire Chief, and in cooperation with the Port Chester Fire Department, BY ORDER OF THE BOARD OF TRUSTEES Village of Rye Brook Christopher J. Russo Village Administrator/Clerk Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Nay Mayor Filipowski Voting Aye The Mayor then announced that the Board Meeting to be held on September 8, 1998 would be at the A. J. Posillipo Center on Garibaldi. 5. ADOPTING SIGN LAW AMENDMENT. -7- August 18, 1998 i The resolution was read by the Village Administrator. Dr. Niles asked what the changes were to this law and Administrator Russo explained them. On the motion of Trustee Pellino, seconded by Trustee Zuckerman the following Resolution was adopted: RESOLUTION ADOPTING SIGN LAW AMENDMENT WHEREAS, on August 4, 1998 the Rye Brook Board of Trustees conducted a public hearing on technical amendments to the Village's Sign Law; and WHEREAS, a regulation relating to routine or continuing administration and management is a Type 11 action under SEQR requiring no further environmental review. NOW, THEREFORE,BE IT, RESOLVED, that Local Law Introductory 94 of 1998, making technical amendments to the Village Sign Law, is enacted into law. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye G. CONSIDERING THE RECOMMENDATION OF THE PLANNING BOARD REGARDING RECKSON EXECUTIVE PARK, PHASE 3 NEGATIVE DECLARATION UNDER SEQRA ON THE AMENDED SITE PLAN APPLICATION. Christian Miller noted that Reckson's submission was revised to include the issuance of a wetlands permit as well. He also noted that the Planning Board had made a recommendation that a Negative Declaration be adopted and it is now before the Board for its consideration. The resolution was read by the Village Administrator. Christian Miller noted that this resolution should be amended to reflect the issuance of a wetlands permit and changing the fourth Whereas paragraph to reflect the Planning Board recommendation -8- August 18, 1998 the adoption of a Negative Declaration and striking the words applicant and planning consultant. Diane Fox, Planner from the Town of Greenwich raised a question on the proposed road widening, some additional changes to the site plan and the appropriate time to address these issues. Christian Miller responded that this matter is currently under review by the Planning Board and there will be a public hearing on this for which she will be notified. Trustee Zuckerman suggested Ms. Fox make her recommendations to the Planning Board so they have them prior to making their recommendation. On the motion of Trustee Pellino, seconded by Trustee Strum the following Resolution was adopted as amended: RESOLUTION ADOPTING NEGATIVE DECLARATION RECKSON EXECUTIVE PARK, PHASE 3 AMENDED SITE PLAN AND WETLANDS PERMIT APPROVAL WHEREAS, Royal Executive Park, now Reckson Executive Park, was previously approved by the Village Board in 3 phases, all of which have been the subject of extensive environmental review, and 2 of the 3 phases have already been constructed, and WHEREAS, Phase 3, consisting of 345,000 square feet of floor area in 3 buildings, was approved on March 27, 1990, and on March 14, 1995 the approval was extended for 5 years until March 27, 2000; and WHEREAS, the applicant is proposing a site plan amendment to add 15,000 square feet of additional office space to Phase 3; and WHEREAS, the Planning Board recommended the adoption of a Negative Declaration on the proposed site plan amendment, now, therefore, be it RESOLVED, that the accompanying Negative Declaration under SEQRA is adopted for the Reckson Executive Park, Phase 3 amended site plan and wetlands permit application; and it is FURTHER RESOLVED, that the Village Clerk is authorized and directed to circulate the Negative Declaration to other involved agencies. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye -9- August 18, 1998 7. CONSIDERING THE SUMMERFIELD SUITES DEIS. The resolution was read by the Village Administrator. Greg Baker, attorney for the applicants commented about the written comments of F. P. Clark Associates and his further conversation with Christian Miller which was the basis or the applicant to begin to make revisions to the document. Trustee Strum wanted to make sure that the Board must take this step now and Mr. Miller responded that this was necessary along with any comments the Board may have on this issue as well. Diane Fox, Planner for the Town of Greenwich asked that their comments be appropriately given tonight as part of the revisions pertaining to the wetland, traffic, water line and environmental issues. Christian Miller explained the SEQRA process and stated that to the extent that the Town of Greenwich's comments deal with completeness and not substantive issues, they can be considered at this time. He noted substantive comments would come after the EIS is accepted by this Board. Greg Baker stated that this document is still a work in progress and is not appropriate for public review. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following Resolution was adopted: RESOLUTION DECLARING THE SUMMERFIELD SUITES DEIS AS INCOMPLETE WHEREAS, the Village of Rye Brook Board of Trustees received the Summerfield Suites Draft Environmental Impact Statement (DEIS), now, therefore, be it RESOLVED, that the Village of Rye Brook Board of Trustees, hereby finds that the DEIS is not complete with respect to its scope and content based on the requirements of the final adopted scope and that such document is not adequate for public review and comment. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 8. APPROVAL OF DECLARATION OF RESTRICTIONS OF GRANT STREET HOUSING. The resolution was read by the Village Administrator. Trustee Strum asked for further explanation on this resolution. Mr. Ponzini explained that this resolution and its restrictions have -10- August 18, 1998 been reviewed by his office and they that protect the interest of the Village. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION APPROVAL OF DECLARATION OF RESTRICTIONS GRANT STREET/WEST STREET SENIOR HOUSING DEVELOPMENT RESOLVED, that the declaration of restrictions for the Grant Street/West Street Senior Housing Development is approved; and it is further RESOLVED, that an executed copy of the declaration shall be filed with the Village Clerk after recording by the applicant. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 9. SUPPORTING LEGISLATION URGING EARLIER BAR CLOSING HOURS. The resolution was read by the Village Administrator. Trustee Strum stated that he had a problem with this resolution and people's right to be where they want to be when they want and that he was opposed to restricting that right. Trustee Pellino did not feel this resolution was restrictive but rather a public safety measure which had been supported in the past. He further felt it was important that the Board of Legislators enact this to protect those communities along the shore and the I-95 corridor. He further stated that the need for it is demonstrated in the Police blotter of the local newspaper. Trustee Strum respectfully disagreed and felt the problem must be solved in other ways. Discussion followed on this issue with Trustees Degling and Zuckerman agreeing with the legislation. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was adopted: RESOLUTION -11- August 18, 1998 SUPPORTING LEGISLATION URGING EARLIER BAR CLOSING HOURS WHEREAS, the State of New York adopted legislation which abolished the local alcoholic beverages control boards, and pursuant to subdivision 11 of subsection 17 of the New York State Alcoholic Beverage Control Law, the New York State Liquor Authority may now approve or disapprove earlier bar closing hours in Westchester County; and WHEREAS, the Westchester County Board of Legislator has previously approved a resolution supporting the setting of bar closing hours in Westchester County from the present 4 a.m. to 2 a.m., but the Westchester Alcoholic Beverage Control Board did not take action on this request; and WHEREAS, the Westchester County Board of Legislators still supports the proposed earlier bar closing hours and may formally request, by adoption of a resolution, the New York State Liquor Authority to consider changing bar closing hours in Westchester County from the current 4 a.m. to 2 a.m. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook supports the efforts of the Westchester County Board of Legislators to formally request the New York State Liquor Authority to change bar closing hours in Westchester County from the current 4 a.m. to 2 a.m, pursuant to subdivision 11 subsection 17 of the New York State Alcoholic Beverage Control Law; and be it FURTHER RESOLVED, that a copy of this resolution shall be sent to the Westchester County Board of Legislators and the Village of Port Chester Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Nay Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 10. BOARDS AND COUNCILS APPOINTMENTS. The Village Administrator read each resolution regarding new appointments and reappointments of members of the following Boards and Councils. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was adopted: _12_ August 18, 1998 j RESOLUTION TRAFFIC COMMISSION RESOLVED, that Sy Tarshis of 28 Sleepy Hollow Road is hereby reappointed for a term to expire at noon on the first Monday in April, 1999 and, be it FURTHER RESOLVED, that Steven Baronti of 12 Jean Lane, James DiSanto of 151 North Ridge Street, Robert Riordan of 4 Valley Terrace and Gerald Appelbaum of 1 Country Ridge Drive be hereby reappointed for a term to expire at noon on the first Monday of April, 2001, and be it FURTHER RESOLVED, that Mary Ann Ferraro of 165 Betsy Brown Road be hereby appointed for a term to expire at noon the first Monday in April, 2001, and be it FURTHER RESOLVED, that Charles Starkey of 3 Sunset Road be hereby appointed to fill the unexpired term of Harvey Schiller, to expire at noon the first Monday in April, 2000, and be it FURTHER RESOLVED, that Sy Tarshis is hereby appointed Chairman of the Traffic Commission. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following Resolution was adopted: RESOLUTION ZONING BOARD OF APPEALS RESOLVED, that Joel Hecker of 80 Country Ridge Drive and John Munnick of 13 Wyman Street are hereby reappointed for a term of office to expire at noon the first Monday in April, 2001. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye -13- August 18, 1998 Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Pellino, seconded by Trustee Strum, the following Resolution was adopted: RESOLUTION TREE COMMITTEE CHAIR RESOLVED, that Floyd Caplan of 4 Holly Lane is hereby reappointed Chair of the Rye Brook Tree Committee. 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 Degling, seconded by Trustee Pellino, the following Resolution was adopted as amended: RESOLUTION ETHICS COMMITTEE RESOLVED, that Lawrence Rand of 30 Hillandale Road, Michael Goldstein of 11 Holly Lane and John Munnick of 13 Wyman Street be hereby reappointed to the Ethics Committee and, be it FURTHER RESOLVED, that Lawrence Rand be hereby reappointed Chairman. 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 Pellino, the following Resolution was adopted: RESOLUTION ADVISORY COUNCIL ON PARKS & RECREATION -14- August 18, 1998 RESOLVED, that Joseph Askinasi of 69 Country Ridge Drive, John Gross of 16 Holly Lane, Joanne Citrin of One Old Oak Road and Anthony Provenzano of 31 Valley Terrace are hereby reappointed for a term of office to expire at noon on the first Monday of April, 2001. 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 Pellino, seconded by Trustee Zuckerman, the following Resolution was adopted as amended: RESOLUTION ARCHITECTURAL REVIEW BOARD RESOLVED, that Richard Romm of 89 Country Ridge drive and Alan Willig of 3 Bayberry Close be hereby reappointed for a term of office to expire at noon on the first Monday in April, 2001, and be it FURTHER RESOLVED, that Mitchell Levy of 14 Churchill Road be hereby appointed to fill the unexpired term of Sandy Cortese, to expire at noon the first Monday in April 1999, and be it FURTHER RESOLVED, that Richard Romm be hereby appointed Chairman. 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 Degling, seconded by Trustee Zuckerman, the following Resolution was adopted: RESOLUTION RECORDS MANAGEMENT COMMITTEE -15- August 18, 1998 RESOLVED, that the following officials are hereby appointed or reappointed to the Records Management Committee: Francis L. Filipowski, Mayor Christopher J. Russo, Village Administrator Lori DeMarco-Contadino, Assistant to the Village Administrator Diane DiSanto, Deputy Treasurer Robert Santoro, Police Chief 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 Pellino, the following Resolution was adopted: RESOLUTION TELECOMMUNICATIONS COMMISSION RESOLVED, that Peter Bernbaum of 5 Acker Drive, and Lori Hecker of 80 Country Ridge Drive be hereby reappointed for a term to expire at noon the first Monday in April, 2001, and be it FURTHER RESOLVED, that Ed Howe, of 1 Whipoorwill Road be hereby appointed for a term to expire at-noon the first Monday in April, 2001. 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 Pellino, the following Resolution was adopted as amended: RESOLUTION ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION -16- August 18, 1998 RESOLVED, that Harvey Schiller of 26 Meadowlark Road be hereby appointed to fill the unexpired term of Carlos Rish, to expire at noon on the first Monday in April, 2000, and FURTHER RESOLVED, that Sheila Davidson of 17 Berkley Lane be hereby appointed to fill the unexpired term of David Bruckman, to expire at noon on the first Monday in April, 1999. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski noted that there was a vacancy on the Planning Board and that he wished to make an appointment to this Board. He named John Grzan of 10 Candy Lane for a term to expire at noon on the first Monday in April 2001. He then asked for a motion. Trustee Zuckerman asked for a point of order stating that no resolution can be brought that is not already on the Agenda unless there is unanimous consent of the Board. Discussion followed as to whether this was a previously adjourned Agenda item. It was noted that this resolution had been on a previous agenda without a name submitted at that time and was therefore adjourned. Village Attorney, Robert Ponzini stated that the issues were whether the Board carried this resolution forward with knowledge that it would be on this evening and if the Board considered it a complete resolution. He further stated that the rules of procedure are clear that if it were on a previous agenda it would be carried forward but as to the completeness he would need more facts. Mayor Filipowski stated that it was on the agenda g J g August 4" ada and was adjourned along with the other resolutions on Boards and Councils and that a name was given to the Board that night in Executive Session. Trustee Degling agreed as to the facts but Trustee Pellino felt that discussion in Executive Session had not been completed with regard to several openings and that he was against this resolution being voted on this evening. Mayor Filipowski seconded the motion of Trustee Degling on this resolution. Trustee Zuckerman respectfully moved to substitute but was told this was out of order by Mayor Filipowski since this was his nomination. Trustee Zuckerman disagreed and felt it was the Board's nomination according the Village Code. The Mayor deferred to Mr. Ponzini who felt there was a conflict between the Village Code and the Village Law of the State of New York on this issue. Further discussion followed on which law would take precedent in this matter, Section 7-718 of the Village Law of the State of New York or Section 219-9 of the local code, which refers to municipal home rule. Mr. Ponzini stated that it appears that the local law superseded Section 7-718 but did not address the issue of filling of vacancies. Therefore, a motion on the table can either be accepted or rejected. The roll was called on the motion to appoint John Grzan for a term on the Planning Board, with the following results. Trustee Degling Voting Aye Trustee Pellino Voting Nay Trustee Strum Voting Nay Trustee Zuckerman Voting Nay -17- August 18, 1998 Mayor Filipowski Voting Aye Trustee Zuckerman commented that this was the first time a personnel matter had been brought out of Executive Session and that there were several such appointments presently under discussion. He apologized to Mr. Grzan but noted that personnel decisions are, historically made in Executive Session so that when they are brought forward there is unanimous approval. Trustee Zuckerman regretted what had transpired but felt that this resolution had been sprung on them without previous knowledge. Mayor Filipowski disagreed and noted that although the Village had been founded on the basis of non-partisan politics, what was happening this evening was partisan politics. Trustee Strum objected and stated that his reason for voting no had to do with not knowing Mr. Grzan or his qualifications, not with partisan politics. 11. ROTATION OF BOARDS AND COUNCILS CHAIRPERSONS. This resolution was read by the Village Administrator. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was adopted: i RESOLUTION ROTATION OF BOARDS & COUNCILS CHAIRPERSONS RESOLVED, that effective April 1999 the Village Board intends to commence a program of rotating the chairpersons of our Boards and Councils and Commissions. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Nay Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye ADDITIONAL RESOLUTIONS: REFERRING TO PLANNING BOARD RECREATION ZONE CONCEPT. The resolution was read by the Village Administrator. Trustee Strum wanted to know if the Planning Board or Facilities Committee would be the proper forum for this matter. Trustee Zuckerman noted that since it was a zoning change the proper forum would be the Planning Board, Trustee Degling referred to the case of Bonnie Briar as stated in the resolution and felt there were problems in the comparisons. He noted there were several parcels of land in the case -18- August 18, 1998 of Bonnie Briar but in the Village of Rye Brook he felt the Blind Brook Club parcel alone applied and that a zoning change for one particular piece of property might not be appropriate legally. Trustee Zuckerman stated that there is more than one parcel of land to be considered and the Planning Board is the appropriate venue to look into this issue. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION REFERRING TO PLANNING BOARD RECREATION ZONE CONCEPT WHEREAS, the Village of Rye Brook is blessed with large areas of open space serving a variety offimctions, including recreation, open space preservation, flood control, and environmental functions; and WHEREAS, open space in the Village has come under increasing development pressure, which is likely to continue in the future; and WHEREAS, recreation zoning adopted by the Town of Mamaroneck was recently upheld in the Courts in the case of Bonnie Briar Syndicate v. Town of Mamaroneck, which has enabled the Town to preserve open space; and WHEREAS, it is in Rye Brook's best interest to examine this zoning concept to see if it would be appropriate to apply it to any of the large tracts of open space in the Village, NOW, THEREFORE, BE IT RESOLVED, that the Village Board requests that the Planning board consider (1) the concept of recreation zoning, and (2) whether recreation zoning would be appropriate for any areas of open space in the Village; and FURTHER RESOLVED, that the Village Board requests a preliminary report on the subject on or before November 30, 1998. Trustee Degling Voting Nay Trustee Pellino Voting Aye -19- August 18, 1998 Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye CREATION OF COMMITTEE TO DETERMINE COST OF ACQUISITION OF BLIND BROOK COUNTRY CLUB. The Village Administrator read the resolution. Trustee Degling asked Trustee Zuckerman how many times he had appointed a committee to evaluate the price of a property he was going to buy, lease or sell. Trustee Zuckerman responded that a Village could appoint such a committee with expertise in these matters. He further noted that this resolution does not mean that he is either for or against the acquisition of the Blind Brook Country Club but that there are a substantial number of residents who have expressed an interest in this issue. Discussion followed on this resolution. Trustee Degling felt there were two problems with this committee, one being a committee that has no standing and the other being the ability to appraise property that the Blind Brook Club has indicated they are not willing to sell and for which the Village has not been given permission to access. Mayor Filipowski felt that this committee could result in placing a subjective value on the property. Discussion followed on how to proceed on this issue. Trustee Zuckerman reiterated that before going any further, the market value of the property would have to be determined. He further felt that if this cost is not something that the Village found feasible then other avenues could be pursued. Trustee Pellino agreed that from a planning perspective it was important to have an estimate of what the Blind Brook Club might be worth in case this property eventually came up for sale. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION CREATION OF COMMITTEE TO DETERMINE COST OF ACQUISITION OF THE BLIND BROOK COUNTRY CLUB WHEREAS, the Board of Trustees of the Village of Rye Brook has previously determined that the Village is in need of additional recreational space and facilities; and WHEREAS, a group of residents has made a public presentation favoring the acquisition of the Blind Brook Country Club, which is located in Rye Brook, as a means of satisfying such need for additional recreational space and facilities; and WHEREAS, it is unknown at this time what the cost of such acquisition might be and whether such cost may be prohibitive for any future acquisition of the Blind Brook Country Club by the Village of Rye Brook, -20- August 18, 1998 NOW, THEREFORE, BE IT RESOLVED, that a committee of five members shall be established to determine the Fair Market Value of the Blind Brook Country Club for the possible purpose of acquisition by the Village; and it is FURTHER RESOLVED, that the Village Board requests a report on the subject on or before November 30, 1998. Trustee Degling Voting Nay Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Nay 12. CHECK REGISTERS (INCLUDING FRIENDS OF RYE BROOK,INC.) The resolution was read by the Village Administrator. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following Resolution was adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: On line checks 19241-19299 Payroll 26617-26718 Environmental 153-154 NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees 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 -21- August 18, 1998 The resolution was read by the Village Administrator. On the motion of Trustee Pellino, seconded by Trustee Degling, the following Resolution was adopted: RESOLUTION FRIENDS OF RYE BROOK, INC. CHECK REGISTERS 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. 179 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 The Village Administrator noted two technical corrections to the positions being filled on Boards and Commissions. They were Mitchell Levy's term on the Architectural Review Review board changed to expire the first Monday in April 1999 and Harvey Schiller's term on the Advisory Council on Environmental Conservation will expire the first Monday in April 2000. WRITTEN COMMUNICATIONS: 13. LETTER FROM MILT MEISKIN, ACTING CHAIR OF THE BLIND BROOK RECREATION CENTER COMMITTEE. The Village Administrator read and summarized the letter as submitted. 15. STATUS OF ARROWWOOD/PFIZER DEIS. 22 August 18, 1998 Christian Miller gave a presentation on this matter. He noted that the Board of Trustees had met with the Planning Board on August 4"' in order to discuss the existing zoning on the Arrowwood" property. Mr. Miller stated there were a number of recommendations made by his office that he was going to go through at this meeting for the Board's consideration. He noted that the Board seemed to be in favor of the Arrowwood expansion overall but was concerned about some of the details. The second consensus of the Board was that further development on the residential property was not desirable and the third consensus dealt with implementing appropriate legislative measures. Mr. Miller stated that in response to this consensus, F.P. Clark Associates would provide the following: (1) Arrowwood to be designated as a PUD district for the 106 acres in Rye Brook and (2) clarification of the applicable PUD standards including updating the current zoning texts which would avoid potential misinterpretation that may not be consistent with the Board of Trustees' approach. Mr. Miller's firm recommended that applicable zoning standards be those that are in effect now although the applicant has expressed the belief that they should be following standards set in 1990 . Modifications made in both 1993 and 1995 have made the standards more restrictive and Mr. Miller noted that the proposed zoning text amendments be adopted to clarify what is applicable. Christian Miller then referred to a chart showing the PUD standards, including what is provided currently and what is proposed. He further discussed this table and highlighted the main issues including the exceeding of FAR(Floor Area Ratio) limitations and building heights. Then on a subsequent chart Mr. Miller went over the recommended zoning text modifications. These included amending the beginning section of the code regarding additions and deletions from the application, an added provision regarding maximum building height and FAR which could be increased at the Board of Trustees' discretion but would not be more than 40 feet for building height and .155 for FAR, clarifying the senior living facilities issues with a maximum density that is required for residential dwellings. In addition, the last area would amend language on the application regarding amendments by adding text which allow the Board of Trustees the right to not accept such an amendment and to make an applicant follow the prevailing standards rather than those in effect at the time of the original application. Next Mr. Miller discussed how to implement the necessary changes expediently. First, he noted that a Local Law should be adopted confirming the PUD district designation on the Arrowwood property and that a public hearing be held along with the Planning Board recommendations. Second, the adoption of a Local Law modifying the PUD district standards. Third, the development of a PUD Concept Plan by the applicant and fourth, site plan approval which Mr. Miller noted was already under review by the Planning Board. Finally, Mr. Miller stated that the issue driving all of this is the impact this will have on the SEQRA process. He finished his presentation and asked for any comments. Nicholas Liras, President of the Doral/Green Homeowners Association wanted further clarification on senior living facilities. Mr. Miller responded that this is a permitted use in a PUD development and that such facility could be provided in the fixture. He further noted that senior living is considered residential use. Discussion followed on the reasons for this inclusion by the -23- August 18, 1998 applicants and the safeguards it puts into effect. Thomas Wyatt, attorney representing the homeowners noted that they raised concerns with the existing proposal since they had been led to believe that the Pfizer Conference Center development would be the last such development of the property. He wanted to know if there would be further non-residential development on this property. Christian Miller responded that of the 567,000 square feet of development, there remain approximately 100,000 square feet of further development. Mr. Wyatt then stated that, for his client, he was requesting that the development be limited to the current proposal and the homeowners be able to participate in the PUD process. Milt Meiskin suggested that the question of homeowners associations and PUD districts be examined carefully since these kinds of units usually get special tax breaks and assessments values. A motion was made to hold a public hearing on this matter by Trustee Strum, seconded by Trustee Zuckerman and was unanimously approved. Discussion followed as to whether all aspects of this would be ready for a September 1, 1998 meeting. On a motion by Trustee Degling, seconded by Trustee Zuckerman it was unanimously approved to hold a special meeting to discuss this issue. Mayor Filipowski then called for comments from the Board. Trustee Strum noted a letter he had received from a resident on Charles Lane with a problem with her neighbor's pool. The Village Engineer responded that presently this matter is before the courts and the Village is awaiting their decision. The woman who had written the letter, Arlene Hendel came to the podium to explain the situation and noted that it was a question of code enforcement. She also noted that this has been an ongoing issue-for over 10 years and noted unsafe matters such as a fence that is less than 3 feet and a dry well for drainage of chlorine. Mayor Filipowski then called for comments from the public. Peter Raider had questions on the resolution referring to the fire protection contract with Port Chester as well as the Local Law. He noted that these documents had not been available to the public and that the week of the public hearing on this issue was after a major holiday weekend and prime vacation week. He questioned the timing of this hearing and felt adequate notice would not be given to the residents. Mr. Raider then pointed out reasons why he felt this contract was not in the best interest of the Rye Brook residents. He also asked that copies of the documents be made available to him by the close of business on Wednesday. The Village Administrator noted that these documents would be ready by the end of the week. Kip Konigsberg, attorney for the applicant on Red Roof Farm asked to bring the Board of Trustees up to date on this project. Discussion followed as to final recommendation by the -24- August 18, 1998 Planning Board. Mr. Konigsberg wanted a resolution placed on the agenda for the special meeting on September 1, 1998 but was told that was not possible. John Grzan spoke about how honored he was to have been recommended by the Mayor for the Planning Board. He felt he was qualified to serve the community, addressed the members of the Board and regretted that they had not voted for him. He felt that the vote was against the Mayor rather than him and that by this action, they were crippling the planning committee which was a disservice to the community. He asked that they put political differences aside and do what is best for the Village of Rye Brook. There being g no further comments the meeting was adjourned at 10:15 p.m. Respectfully submitted, I Christopher.'(Russo, Village Clerk -25-