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HomeMy WebLinkAbout1998-09-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 22, 1998 -- 7:30 P.M. PLEDGE OF ALLEGIANCE: ACTION: 1. ARROWWOOD/PFIZER INC. DEIS AND ZONING REGULATION CHANGE REGARDING THE PUD AND PUD CONCEPT PLAN AND SITE PLAN, SUBDIVISION AND WETLANDS PERMIT APPLICATIONS. 2. AMENDED SITE PLAN AND WETLANDS PERMIT APPLICATION FOR RI CKSON EXECUTIVE PARK, PHASE IH. RESOLUTIONS: 3. CONSIDERING APPROVAL OF AMENDED SITE PLAN AND WETLANDS PERMIT APPLICATION FOR RECKSON EXECUTIVE PARK, PHASE IH. 4. CALLING FOR A PUBLIC HEARING ON OCTOBER 20, 1998 CONCERNING AMENDED SITE PLAN FOR 53 TALCOTT ROAD. 5. AUTHORIZING PARTICIPATION IN THE FINANCIAL ASSISTANCE TO BUSINESS PROGRAM FOR MOTOR VEHICLE INSPECTION AND MAINTENANCE EQUIPMENT. 6. CONSIDERING ACCEPTANCE OF A COPS GRANT. 7. PROMOTION OF TWO POLICE OFFICERS TO SERGEANT. 8. CHECK REGISTER. MINUTES: 9. MARCH 10, 1998 BOARD MEETING. 10. MARCH 24, 1998 BOARD MEETING. 11. MAY 26, 1998 BOARD MEETING. 12. JUNE 9, 1998 BOARD MEETING. -- over-- September 22, 1998 PAGE 2 13. JUNE 23, 1998 BOARD MEETING. 14. JULY 15, 1998 BOARD MEETING. 15. JULY 21, 1998 BOARD MEETING. 16. SEPTEMBER 3, 199S BOARD MEETING. WRITTEN COMMUNICATIONS: 17. JOSEPH DESANTIS, CHAIRMAN, COLUMBUS DAY COMMITTEE REQUESTING CONTRIBUTIONS. 18. KIP KONIGSBERG, ESQ., RE: RED ROOF FARM RESOLUTION COVENANTS. NEXT TRUSTEES MEETINGS: OCTOBER 6, 1998 OCTOBER 20, 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 SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK SEPTEMBER 22, 1998 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Donald E. Degling Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Gary J. Zuckerman(absent) Village staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Engineer, Victor Carosi, P.E. Fire Chief Martin Drexelius Assistant to the Administrator, Richard C. Slingerland Secretary to the Administrator Janet Skrobola Planning Consultant, Michael Galante, AICP PUBLIC HEARING: 1. ARROWWOOD/PFIZER INC. DEIS AND ZONING REGULATION REGARDING THE PUD AND PUD CONCEPT PLAN AND SITE PLAN SUBDIVISION AND WETLANDS PERMIT APPLICATIONS. The Mayor noted that he had been informed that the stenographer had not yet arrived, and therefore the hearing on this portion of the agenda would be postponed until later. 2. AMENDED SITE PLAN AND WETLANDS PERMIT APPLICATION FOR RECKSON EXECUTIVE PARK PHASE III. The Mayor proceeded to the hearing on the site plan and amendment for Phase III of Reckson Executive Park, Dan Tartaglia, Esq, attorney for the applicant, noted that the representatives from Reckson had not yet arrived since a lengthy public hearing on Doral had been expected, and the Mayor postponed this item as well. 4. CALLING FOR A PUBLIC HEARING ON OCTOBER 20, 1998 CONCERNING THE AMENDED SITE PLAN FOR 53 TALCOTT ROAD. The Village Administrator read the resolution and Trustee Pellino asked for the status on submission from the Talcott Woods Homeowner's Association's of a policy on additions and expansions in the September 22, 1998 Talcott Woods development. Mr. Russo explained that the Home Owner's Association (HOA) was still working on a proposal for additions and expansions, and Trustee Pellino noted that it had been quite a long time coming, and suggested that if the HOA didn't come up with a plan, then the Trustees might consider enacting a moratorium on future additions until the Village received a proposal. Village Administrator Russo and Village Attorney Powell felt that step wasn't necessary, and Trustee Pellino asked them to follow-up on the proposal. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION PUBLIC HEARING NOTICE 53 TALCOTT ROAD SITE PLAN AMENDMENT RESOLVED, that a public hearing shall be held on the site plan amendment application of Bettina McKee, 53 Talcott Road, on October 20, 1998 at Village Hall, 938 I{ing Street, Rye Brook, New York. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye 5. AUTHORIZING PARTICIPATION IN THE FINANCIAL ASSISTANCE TO BUSINESS PROGRAM FOR MOTOR VEHICLE INSPECTION AND MAINTENANCE EQUIPMENT. The Mayor noted that under this program, grants are issued in the amount of$5,000 to assist gas stations. Village Engineer Victor Carosi explained that the money was earmarked to assist in equipment upgrades so that motor vehicle testing stations could upgrade their equipment to comply with the New York State vehicle emissions testing program. He noted that the Village had decided to take the option in the resolution under which the New York State Department of Environmental Facilities would pay the grant directly to the service stations, and the Village would act only as a conduit. Trustee Degling felt that it was a good program, since it was assisting service stations to upgrade mandated equipment and help improve vehicle emissions. There was no further discussion, and the Board proceeded to a vote on the resolution. On the motion of Trustee Degling, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION AUTHORIZING PARTICIPATION IN THE FINANCIAL ASSISTANCE TO BUSINESS PROGRAM AND THE FILING OF AN APPLICATION WITH THE NEW YORK -2- September 22, 1998 STATE ENVIRONMENTAL FACILITIES CORPORATION WHEREAS, pursuant to the Clean Water/Clean Air Bond Act of 1996, being Chapter 413 of the Laws of New York of 1996, the New York State Environmental Facilities Corporation (the "Corporation") is authorized to provide state assistance to villages, towns, and cities with a population of less than one million, for small business environmental compliance assistance projects which enhance the quality of the air of the State through compliance with environmental laws and regulations, or to remedy or prevent environmental deficiencies (the"FAB Air Program"); and WHEREAS, the Corporation has established the FAB Motor Vehicle Inspection and Maintenance ("I & M")Program pursuant to the FAB Air Program to assist in the purchase of enhanced automobile emissions testing equipment; and WHEREAS, the governing body of the Village of Rye Brook (hereinafter, the"Municipality"), after due consideration, has determined that participation in the FAB I & M Program is desirable and in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE MUNICIPALITY THAT: 1. The filing of an application, or applications, with the Corporation for financial assistance under the FAB I&M Program in the form required by the Corporation is hereby authorized, including all understandings and assurances contained in said application. 2. The Village Engineer is directed and authorized as the official representative of the Municipality to identify entities which will participate in the FAB I&M Program, to execute and deliver said application(s), to execute and deliver any other documents necessary for participation in the FAB I & M Program, to provide such additional information as may be required, and to take all actions on behalf of the Municipality as may be required to effectuate the intent and purpose of this resolution. 3. The Corporation is hereby authorized, on behalf of the Municipality to deliver payments made pursuant to the FAB I &M Program directly to the entities identified above, or such further entities as may from time to time be named by the individual identified in paragraph 2 above. 4. A certified copy of this resolution shall be prepared and delivered to the Corporation as part of said application. 5. This resolution shall take effect immediately. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye -3- September 22, 1998 The Mayor noted that the stenographer had arrived, and the Board returned to the first Public Hearing, PUBLIC HEARINGS: 1. DORAL/PFIZER ASSOCIATES DEIS AND ZONING REGULATION CHANGE REGARDING THE PUD AND PUD CONCEPT PLAN AND SITE PLAN SUBDIVISION AND WETLANDS PERMIT APPLICATIONS. Bruno Gioffre, Esq., spoke as the representative for Doral/Pfizer Associates. He noted that Doral/Pfizer Associates seeks to expand the existing Center to accommodate a state of the art Executive Learning Center for the pharmaceutical company Pfizer, Inc. He gave details about the property including that it is a 113.62 acre tract of which 106 acres are in Rye Brook. The proposal seeks to increase the square footage of the Center with a 110,650 s.f learning center, a 52,000 s.f. 100 guest- rooms expansion, and an increase in parking from 541 to 715 spaces. He noted that the site includes the existing 300,000 s.f. Poral Conference Center including a 158,000 s.f. Conference Center, a 142,000 s.f wing for accommodations and the 138 unit Doral Greens condominium community. Mr. Gioffre noted there are 2 primary components for the proposal. The 110,650 3-story portion for the executive learning center and the 52,000 s.f. 4-story portion for accommodations. He mentioned that the Westchester County Planning Department suggested that the Village reduce the amount of parking required. He continued that the existing curb line between the Arrowwood Conference Center and the Doral Greens Condominiums would remain, with evergreen trees, shrubs and landscaped islands. Mr. Gioffre stated there would be 10.38 acres of disturbance. 76 acres of the property(including area around the condominiums) would remain open space, including the golf course area. Mr. Gioffre stated that based on prior approvals by the Board of Trustees, the area was designated a PUD zone, but noted that the Board had stated they would clarify certain issues. Mr. Gioffre noted that the PUD was bounded on the east by.King St., on the south by Anderson Hill Road, on the west by SUNY Purchase, and on the north by Reckson Associates. Mr. Gioffre referred to the Village's 1988 Rye Brook North Study and GEIS which encouraged mixed uses for the northern portion of the Village, including the Doral property. Mr. Gioffre noted that there would be impacts on the Village's infrastructure, budget and on the County Airport because of its proximity and planned utilization by Pfizer. He felt the benefits of the project included the Payment In Lieu Of Taxes (PILOT) agreement set up between the Village and the Schools through with the Westchester County Industrial Development Agency (WCIDA) would ensure stable revenues for the village and schools. Also, the new sports club facilities at the center would be open for residents to join as members. He estimated that the project would create roughly 150 jobs during construction and create an additional 182 full-time jobs upon completion of construction. Mr. Gioffre stated that the application and its relevant portions are submitted in compliance with Section 8-109 of the NYS Environmental Conservation Law. Under a future development proposal, Dora] Conference Center Associates would consider constructing 100,000 s.f in additional space on the west portion of the property, which Mr. Gioffre felt was allowed under the PUD Zone which permits a mixture of uses, requires preservation of some open space and provides benefits to the community. David Smith, AICP, of Saccardi and Schiff was introduced to explain the EIS. Mr. Smith gave a history -4- September 22, 1998 and chronology of the DEIS submission from June 1998 through September 22, 1998. He noted that. on July 14"'the Board had deemed the DEIS incomplete for the purposes of public review. Mr. Smith noted that F. P. Clark later issued a memo explaining how the Village wished to proceed with respect to the zoning applicable to the property as it related to the DEIS. Mr. Smith felt that the applicant's purpose at the meeting was to listen to the comments raised and address the comments in the final form of the EIS. He noted that the written comment period would remain open under law for an additional ten days after the public hearing was closed. Mr. Gioffre returned to the podium and introduced the next consultant. Mr. Ron Rheaume, AIA, of Hillier Group Architects of Princeton, New Jersey, introduced himself as the architect of the proposal. He noted that the Hillier Group was the original firm hired to design the project for Citicorp and noted that their firm had been hired to design the expansion. Mr. Rheaume displayed architectural drawings and floor plans and explained how the expansion and its finishes had been designed to comply with the original design of the building. Mr. Rheaume explained the floor plans and noted that the conference and presentation rooms in the executive learning center were designed to handle the needs of Pfizer, Inc.'s global executive training program. He showed elevations and facades of the building, which made it appear to be a 1-story facility even though it was a 4-story facility, because the building had been built into the side of the hill. Mr. Greg Vahle of Pfizer, Inc., came forward to make a presentation on behalf of Pfizer and explain their interest in Rye Brook. Mr. Vahle explained their plans for the site, to make a first-class, globally strategic executive learning center. He explained that Pfizer had been making use of 35,000 room-nights at Doral/Arrowwood over the past 2 years, and noted that there are 475 Pfizer families living in and around Rye Brook. Mr. Vahle also stated Pfizer's commitment to education in local school systems and to SUNY Purchase. He continued on that the timing of the project was critical and explained Pfizer's plans to expend $2 billion in research over the coming years to remain competitive Bruno Gioffre, Esq. completed his comments and asked the Board to close the hearing after all interested in speaking had been given a chance to be heard this night. Steven Silverberg, Esq., spoke on behalf of the Doral Homeowners Association(HOA) and asked for a procedural explanation. He was concerned that the Board could not act on the application or related issues until the SEQRA process had been completed. The Mayor asked Mr. Powell whether that was so and Mr. Powell agreed that the SEQRA process would have to be completed before the Board could take any actions. Mr. Silverberg noted that his group would be submitting written comments to the Board. He continued and noted that in their prior approvals the Board had reduced what had been proposed for the site in order to minimize environmental impacts. However, Mr. Silverberg said that while his clients had no objection in principle to the Pfizer proposal, they did object to the impacts of the expansion. Mr. Silverberg explained that the first impact of concern was traffic, and referred to a Traffic Study by Adler Consulting with regard to trip generation. Mr. Silverberg quoted Mr. Adler as stating that the trip generation projections were inadequate, did not take into account the full operations of the proposed expansion, did not give a full analysis of a"no build" situation (to the intersection), and the potential traffic impacts of development in the future after Doral/Pfizer were not properly evaluated. Mr. Silverberg noted that Mr. Nicholas Lyras, President of the Doral HOA, had questioned the computation of the existing square footage built upon the Doral/Arrowwood site. Mr. Silverberg noted -5- September 22, 1998 that the proposal ignored the existing accessory buildings on the site. He felt that it was an important issue to be addressed and stated that the Building Inspector should make an evaluation of the Floor Area Ratio (FAR) of the proposal. Mr. Silverberg stated his clients objections to the Zoning changes and Zoning Regulation changes because they disenfranchised the Doral HOA. He felt that any application by the applicant for a zoning change should be made by all the property owners, including the HOA unit owners. He felt that the zoning changes amounted to"Spot Zoning" and permitted a density bonus which would allow 40% more development. Mr. Silverberg's opinion was that the spot-zoning aspect of the proposal was illegal, inappropriate and inconsistent. He continued on that the"Notice of Completion" distributed to the Doral residents did not address all of the changes under consideration and he stated his opinion that the entire SEQRA process was defective. Mr. Silverberg urged the Board to accept the recommendations of the Planning Board which recommended allowing the Pfizer proposal to proceed but recommended prohibiting future development after completion of the Pfizer project. Mr. Roger Herman of 25 Lincoln Avenue spoke next. He commented as the Chairman of the Environmental Council of Rye Brook with regard to page I-28 of the DEIS. He noted that the proposal would replace any disturbed wetlands with equal area of wetlands. He asked that the applicant provide better diagrams showing the area that would be disturbed and the area of remediation. Mr. Ken Heller of 22 Lincoln Avenue noted that the Board should remain vigilant with regard to properly evaluating the impact from the project on taxes in Rye Brook. Mr. JulianJuster of 80 Doral Greens Drive West spoke as a member of the Doral HOA. He noted the Homeowner Association's endorsement of the Pfizer proposal and stated their acceptance and extended his welcome to Pfizer. He stated the HOA's concern about the burgeoning neighborhood including Reckson, Bellefair, Doral/Arrowwood Conference Center and the Summerfield site. He stated that the approved projects and the Pfizer project should proceed but felt that further development should be restricted. Mr. Juster urged the Board to delay from approving the zoning changes. Trustee Strum asked for a clarification regarding the.HOA's objections, as stated in a petition submitted to the Board. Mr. Silverberg stated the HOA's support for the Pfizer expansion, their objection to any disenfranchisement from a zoning change on the property and their objection to allowing any further FAR allowances than were required to build the Pfizer proposal. Mr. Strum stated his agreement and felt that there should be no further development on the property after completion of the Pfizer project. Trustee Pellino spoke briefly regarding his concern that water demand and usage should be addressed so that existing water users would not be adversely affected. Mr. Gioffre stated his understanding that Village Engineer Victor Carosi had been coordinating with the Water Company to ensure the adequacy of the water supply and infrastructure. Mr. Carosi mentioned that the Village had been in discussions about water for the area. He noted that the Village had invited representatives from Bellefair, Reckson, Arrowwood, Summerfield, the Water Company and the Westchester County Planning Department in May, 1998. He explained that a water pump station had been proposed to meet the current and future water needs for the area, and that the installation of additional water mains would be required to handle increased flow. Mr. Nick Lyras and Dolores Seiler spoke briefly about their discussions with the Water Company. Mrs. Seiler noted that a water substation had been proposed and designed for the Bellefair and Reckson developments, but stated that the Water Company wrote her that there was no application or process had been initiated to address the water pressure in the Doral/Arrowwood area. She stated her -6- September 22, 1998 opinion that the Doral Homeowners would be adversely impacted by the omission of Doral/Arrowwood from this process. Mayor Filipowski asked for an explanation from the Administrator for further procedures on the application. The Board expressed their interest in keeping open the public hearing on the Laws by adjourning them until the October 6, 1998 Meeting. After some discussion, on the motion of Trustee Strum, seconded by Trustee Pellino, the Board voted 4- 0 to close the hearing on the DEIS and adjourn the public hearing on the laws until the October 6, 1998 Board Meeting. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye 2. AMENDED SITE PLAN AND WETLANDS PERMIT APPLICATION FOR RECKSON EXECUTIVE PARK PHASE III. Mr. Dan Tartaglia, Esq., spoke as the representative of Reckson Operating Partnership, LLP, owners of 1100 King Street, formerly Royal Executive Park, now Reckson Executive Park. He listed the boundaries of the property as SUNY Purchase on the west, the Bellefair property on the north, Greenwich on the east, and Doral/Arrowwood on the south. Mr. Tartaglia stated that the property is zoned OB-1 classification, and the application was to build the 3'Phase of Office Park. He stated that the property was 79.5 Acres in area, 76 of which are in New York and 3.5 of which are in Connecticut. He stated that approximately .5 acres are in the Town/Village of Harrison. Mr. Tartaglia explained that Phase 3 had originally been approved by the Town of Rye in connection with approval of the Office Park. He noted that Lead Agency status and approval authority had been transferred to the Rye Brook Board of Trustees upon its incorporation. He gave a history of the approvals, subdivision and construction of the existing buildings on the property. He noted that the Site Plan approval for Phase 3 was originally granted by the Board of Trustees in 1990, and authorized the construction of 345,000 s.f of office space in three buildings as shown in the original plans. Mr. Tartaglia explained that the new proposal would allow more environmentally friendly construction and more efficient use of the property by the construction of two buildings totaling 360,000 s.f. He noted that Reckson sought the approval of actions regarding the expansion of the proposed building area, associated wetlands changes and permits, and a reduced requirement for parking. He explained that the applicant submitted a full EAF in May and June 1998, and in August, 1998, the Board of Trustees adopted a Negative Declaration for the proposed improvements and applications. Mr. Tartaglia noted that the Planning Board had recommended the project, and the Westchester County Planning Department had been contacted and had submitted its support for the project. He noted that the neighboring communities of Harrison and Greenwich had been contacted and given the opportunity to comment on the project. Mr. Michael Divney, Planning Consultant of Divney, Tung & Schwalbe in White Plains, gave an -7- September 22, 1998 overview of the project and explained the current and proposed configuration for the site. He noted that the site plan for Phase III had been approved years ago, and considered three buildings totaling 345,000 s.E in space. Mr. Divney explained the changes in floor area, the proposed storm water detention area on the west side of the property, and noted the agreement with downstream communities to reduce flow from the property to 76% of the runoff flow before construction. He noted the proposal to include an additional left turn lane for vehicles exiting from the site (which would avoid the need for a second signal for vehicles exiting from the site), and the plan to de-map an old proposal for an access road to I-684. Mr. Divney explained the drainage and parking portions of the proposal, which included a, proposal for 200 parking spaces under the building which could be accessed from the rear of the building. He explained the landscaping and settling functions of the detention basin -- which was proposed to be increased -- which would hold the run-off from major storms for 24-hours, until the peak flows had passed in the west branch of the Blind Brook. He noted that landscaping had been designed to create a natural vegetative edge around the detention basins. Trustee Strum asked about the two left turn lanes onto King Street and whether the concerns for water flow downstream had been adequately addressed. Trustee Pellino asked about the guard rail, and Mr. Divney explained that it was of a size and type already used on the site. Trustee Pellino asked whether the Board could grant leeway from the ordinance with regard to parking requirements for the site. The Village Attorney noted that the Zoning Law did not set standards or limits by which the Board could reduce the parking requirements; the Board sought to reduce the parking requirements based on current knowledge and the recommendation from the County Planning Department. Mayor Filipowski invited comment. There being none, on the motion of Trustee Pellino, seconded by Trustee Degling, the Board voted unanimously to close the public hearing. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye RESOLUTIONS: 3. CONSIDERING APPROVAL OF AMENDED SITE PLAN AND WETLANDS PERMIT APPLICATION FOR RECKSON EXECUTIVE PARI{, PHASE III. The Village Administrator read the resolution. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION AMENDED SITE PLAN AND WETLANDS PERMIT APPROVAL RECKSON EXECUTIVE PARK- PHASE 3 OR 1C SECTION 1, BLOCK 3, LOTS 2, 3 AND 4 WHEREAS, on June 9, 1998, Reckson Operating Partnership, L.P. (the"Applicant") submitted an application to the Village of Rye Brook requesting amended site plan and wetlands permit approval to P September 22, 1998 construct the third and final phase of the previously approved Reckson Executive Park(formerly known as Royal Executive Park) on property designated on the Town of Rye Tax Map as Section 1, Block 3, Lots 2, 3 and 4; and WHEREAS, the original site plan was approved on November 5, 1980 by the Town of Rye Town Board in connection with a multi-phased,900,000 square-foot office development known as Royal Executive Park; and WHEREAS, in connection with the original site plan approval a Draft Environmental Impact Statement(DEIS),Final Environmental Impact Statement(FEIS)and Environmental Findings were prepared and accepted by the Town of Rye Town Board; and WHEREAS, following the incorporation of the Village of Rye Brook, the Village Board of Trustees of the Village of Rye Brook(the"Village Board")was designated the successor Lead Agency to the Town of Rye Town Board with regard to all future phases of the Royal Executive Park development; and WHEREAS,in December 1983,the Village Board approved the subdivision ofRoyal Executive Park into two separate lots known as Royal Executive Park I, consisting of approximately 25.9 acres, and Royal Executive Park Phase II, consisting of approximately 50 acres; and WHEREAS, on October 23, 1984 the Village Board granted site plan approval for the construction of the second phase of the Royal Executive Park, known as Phase IB, and consisting of three (3) buildings totaling approximately 270,000 square feet; and WHEREAS, site plan approval in connection with Phase 113 was amended in June 1985 in order to permit the substitution of an outdoor plaza for the previously approved enclosed atrium; and WHEREAS, on June 17, 1986 the Village Board granted subdivision approval of Royal Executive Park II into two separate parcels to be known as Royal Executive Park 1I, consisting of approximately 18.2 acres and Royal Executive Park III, consisting of approximately 31.56 acres; and WHEREAS, Phases I and II, having a total floor area of 540,000 square feet; was completed as approved and currently exists within the office development; and WHEREAS, the Village Board granted site plan approval for Royal Executive Park III, also known as Phase IC, on March 27, 1990; and WHEREAS, the approved plan for Phase III proposed the construction of 345,000 square feet of office space in three (3) buildings; and WHEREAS, the site plan approval for Phase III was valid for five (5) years; and WHEREAS, prior to the expiration of said site plan approval, the Village Board passed a resolution dated March 14, 1995 extending the Phase III site plan approval for an additional five-year period ending March 27, 2000; and -9- September 22, 1998 WHEREAS, the proposed amended site plan application proposes the construction of an additional 15,000 square feet of office space for a total of 360,000 square feet in two (2) office buildings rather than the three (3) buildings as shown on the previously approved site plan; and WHEREAS, the proposed amended site plan provides approximately three-hundred (300) parking spaces more than the previously approved plan including approximately two-hundred (200) spaces to be provided in the proposed subterranean garage beneath the buildings; and WHEREAS,the amended site plan proposes to increase the setback ofthe building and parking areas from the adjacent Blind Brook over the previously approved site plan and to improve the water quality and quantity functions of the previously approved, and constructed, stormwater detention basin adjacent to the Blind Brook; and WHEREAS, the Applicant has submitted the following drawings generally entitled "Reckson Executive Park, Rye Brook, New York" and having the following drawing numbers, sheet titles, preparer names and revision dates: Sheet# Sheet Title Preparer Name Revision Date Cover Sheet Divney Tung & Schwalbe 9/15/98 Sheet 5-1.0 Overall Site Plan Divney Tung & Schwalbe 9/15/98 Sheet 5-2.0 Site Geometry Plan Divney Tung& Schwalbe 9/15/98 j Sheet 5-3.0 Site Grading& Utility I Plan Divney Tung& Schwalbe 9/10/98 Sheet 5-4.1 Road& Utility Profiles Divney Tung& Schwalbe 9/10/98 Sheet 5-4.2 Utihiy Profiles Divney Tung& Schwalbe 9/10/98 Sheet 5-5.1 Site &Landscape Details Divney Tung & Schwalbe 9/10/98 Sheet 5-5.2 Site &Landscape Details Divney Tung& Schwalbe 9/1.0/98 Sheet 5-5.3 Site &Landscape Details Divney Tung& Schwalbe 9/10/98 Sheet 5-6.1 Soil&Sediment Control Plan Divney Tung & Schwalbe 9/10/98 Sheet S-6.2 Erosion &Sediment Control Details Divney Tung & Schwalbe 9/10/98 Sheet LDD-01 Planting/Lighting, Wetland Mitigation Plan Divney Tung& Schwalbe 9/15/98 Sheet WM-1 Wetland Mitigation Plan Divney Tung& Schwalbe 9/15/98 Lighting Design Including Spillage Hubbell Lighting, Inc. 9/9/98 i Sheet A-1 Ground Floor Plan & Elevations Cannon Architects& Engineers 6/9/98 Sheet A-2 Lower Level Floor Plan Building 1 Cannon Architects& Engineers 6/9/98 -10- September 22, 1998 Sheet A-3 Fist Floor Plan (Typical) Cannon Architects & Engineers 6/9/98 Sheet A-4 Second Floor Plan (Typical) Cannon Architects& Engineers 6/9/98 Sheet A-5 Third Floor Plan Cannon Architects& Engineers 6/9/98 Sheet A-6 LL-Parking Plan, Buildings 1 and 2 Cannon Architects & Engineers 6/9/98; and WHEREAS, the Applicant submitted a Full Environmental Assessment Form with accompanying attachments including a Traffic Assessment prepared by Parish,Weiner&Schuster,Inc.,Traffic Consultants, dated May 30, 1998 and last revised August 10, 1998 and an Environmental Analysis prepared by J. Fain& Associates dated June 8, 1998; and WHEREAS, on June 23, 1998 the Village Board declared its intent to act as Lead Agency with respect to this matter as provided for under the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Village Clerk circulated the Full EAF and related application materials to all Involved and Interested Agencies as required under SEQRA; and WHEREAS, on August 18, 1998 the Village Board, acting as Lead Agency, adopted a Negative Declaration with respect to the proposed action; and WHEREAS, the amended site plan application requires the issuance of a wetlands permit by the Village Board in connection with the proposed temporary grading activities within one-hundred (100) feet of the Blind Brook,which is a Village-regulated wetland buffer pursuant to Chapter 245 of the Village of Rye Brook Code; and WHEREAS, the temporary grading activities will result in the disturbance of approximately 26,066 square feet of wetland buffer area which is necessary to expand the size of the existing stormwater detention basin on the site which was constructed in accordance with the approvals for Phases I and 11 of the office development; and WHEREAS,in accordance with the standards and criteria identified in Section 240-5 ofthe Village's Wetlands and Watercourses Law, the Village Board finds that the impacts to the existing 100-foot wetland buffer area adjacent to the Blind Brook are necessary and unavoidable and that there is no feasible alternative to the proposed activity that would eliminate or minimize such temporary wetland buffer disturbance and provide for appropriate area to properly detain and treat stormwater quantity and quality; and WHEREAS, to offset such temporary wetland buffer disturbances, the Applicant has prepared a Wetland Mitigation Plan and a Wetland Mitigation Report dated September 15, 1998 consistent with the requirements of Section 245-9 of the Village's Wetlands and Watercourses Law; and WHEREAS, upon completion of grading activities within the vicinity of the existing stormwater basin, the Wetland Mitigation Plan proposes to revegetate and enhance the function of the existing wetland buffer area and to create additional wetland/wetland buffer mitigation areas having a total square footage of -11- September 22, 1998 approximately 96,509 square feet; and WHEREAS,in accordance with the standards for permit decisions identified in Section 245-8 of the Village's Wetlands and Watercourses Law, the Board of Trustees finds the following: a. The proposed temporary wetland buffer disturbances will not have an adverse impact on neighboring land uses and will maintain or exceed the functions of the existing stormwater basin on the property and maintain or exceed the function of the existing wetland buffer including enhanced wildlife habitat, open space preservation, public access, passive recreational opportunities, water quality enhancement and other wetland and wetland buffer functions as set forth in Section 245-1 of the Village's Wetlands and Watercourses Law. b. The Village Board in its review of the proposed temporary wetland buffer disturbance has anticipated future wetland activities in the cumulative effect of wetland buffer disturbances. C. The proposed temporary wetland buffer disturbance and wetland mitigation areas will not adversely impact, and likely improve existing flood flows, flood storage and water quality. d. The proposed temporary wetland buffer disturbance and wetland mitigation area will not pose safety hazards from flooding, erosion, hurricane winds, soil limitations or other hazards or result in the anticipated losses to the Applicant or subsequent purchasers of property. C. The temporary wetland buffer disturbance and wetland mitigation area will not adversely impact water supply or waste disposal. f. The temporary wetland buffer disturbance and wetland mitigation area is consistent with Federal, State, County and local comprehensive land use plans and regulations, including the guidelines provided in the document entitled "Controlling Non-Point Source Pollution in Long Island Sound"prepared by Watershed Advisory Committee 3 and Westchester County Department of Planning. g. No other feasible or preferable alternative location exists that would eliminate or minimize the proposed temporary wetland buffer disturbance and provide for as effective stormwater quantity and quality measures; and WHEREAS, the subject site is located in the Village's OB-1 Campus/Office Building District; and WHEREAS, the amended site plan complies with all applicable bulls and dimensional requirements of the Village's OB-1 District; and WHEREAS, at the time of original site plan approval the Village Zoning Code required office buildings to provide three parking spaces per 1,000 square feet of gross floor area; and WHEREAS,the current Village parking standard for office buildings is five spaces per 1,000 square feet of gross floor area; and WHEREAS, if the current parking standard were applied to the entire 360,000 square feet of office -12- September 22, 1998 space proposed in amended site plan application, a total of 1,800 parking spaces would be required; and WHEREAS, the amended site plan proposes 1,435 parking spaces or approximately four spaces per 1,000 square feet of gross floor area; and WHEREAS,the amended site plan provides a substantial increase in the amount of parking over the original site plan application which provided approximately 3.3 parking spaces per gross floor area,but does not provide for the total amount of parking required by the Village's current parking standards; and WHEREAS, pursuant to § 250-6.G(1) (b)of the Village's Zoning Code, the Village Board has the authority, in its discretion, to reduce the parking required by the Village's Zoning Code where it finds that the required number of parking spaces would not be necessary for a specific site; and WHEREAS, the Applicant demonstrated on the record that approximately four spaces per gross floor area would satisfy anticipated parking demand of the amended site plan application based on the typical parking demand of other similar-sized office developments it owns and operates. The Applicant further indicated that if in the event additional parking were necessary for peak periods of use, excess parking can be accommodated within Phases I and II of Reckson Executive Park which existing office buildings routinely have excess parking available; and WHEREAS, on August 20, 1998 the Village of Rye Brook Planning Board unanimously adopted a motion recommending that the Village Board approve the proposed amended site plan and wetlands permit application and that the Village Board grant the reduction in the minimum parking required for office buildings pursuant to the Village's current zoning requirements; and WHEREAS,the Village of Rye Brook Advisory Council on Environmental Conservation reviewed the complete application and indicated that it finds such application acceptable; and WHEREAS, the Village Board conducted and closed a public hearing on September 22, 1998 in which all those wishing to be heard were given the opportunity to be heard; and WHEREAS, the Village Board has considered the comments of interested and involved agencies, the public, Village staff and professional consultants; and WHEREAS, the amended site plan application and a full statement of the proposed action was submitted to the Westchester County Planning Board for its review and comment as required by Section 239- m of the New York State General Municipal Law; and WHEREAS, the Westchester County Planning Board responded to the Village Board, by way of a letter dated September 16, 1998, in which it recommended that the amended site plan incorporate best management practices consistent with the recommendations of the WAC 3 Plan and that the Village Board consider reducing the proposed number of parking spaces; and WHEREAS, the Village Board is familiar with the subject property, its surroundings and the complete record and has reviewed the proposed amended site plan in accordance with the requirements and standards for approval in the Village's Zoning Code, Site Plan Regulations and Wetlands and Watercourses -13- September 22, 1998 Law. NOW, THEREFORE, BE IT RESOLVED, that a wetlands permit shall be granted for this application subject to the implementation and completion of the Wetlands Mitigation Plan including all conditions and information identified on such plan and the Wetland Mitigation Report dated September 15, 1998, to the satisfaction of the Village Engineer or Village Planning Consultant; and BE IT FURTHER RESOLVED, that the wetlands permit shall expire five(5)years from the date of this resolution; and BE IT FURTHER RESOLVED,that all previous site plan and related approvals which are in effect regarding Phase III or 1 C of Reckson Executive Park(formerly known as Royal Executive Park), together with all of the conditions, requirements, stipulations of such approvals as well as commitments made in connection with such approvals, shall remain in full force and effect, except as modified herein; and BE IT FURTHER RESOLVED, that consistent with § 250-6.G (1) (b) of the Village's Zoning Code, the Village Board hereby finds that a minimum parking standard of approximately four(4) spaces per 1,000 square feet of gross floor area for a total of 1,435 parking spaces shall be required for the amended site plan based on information provided by the Applicant including a typical parking demand of other office developments the Applicant owns and operates, and the excess parking available, if necessary,within Phases I and 1I of Reckson Executive Park; and BE IT FURTHER RESOLVED, that the application for amended site plan approval is granted subject to the modifications and conditions listed below; and BE IT FURTHER RESOLVED,that this amended site plan approval shall expire five(5)years from the date of this resolution unless all requirements specified herein have been certified as completed or unless a written request for an extension of amended site plan approval is granted. CONDITIONS TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT: 1. The Applicant shall execute a one hundred (100) percent performance bond as determined by the Village Engineer to cover the costs and satisfactory installation of all infrastructure, including sewerage, water, drainage, sediment and erosion control and traffic improvements on King Street. Such bond shall have a term of three (3) years and will be approved by the Village Board as to manner of execution, form and sufficiency to guarantee and insure full compliance by the Applicant with all terms and conditions, requirements and provisions set forth in this resolution and the approved site plan drawings. Such bond may be reduced from time-to-time as portions of the development are completed to the satisfaction of the Village Engineer. 2. The Applicant shall pay into a Village escrow account, in an amount determined appropriate by the Village Engineer, to retain consultants and other personnel to evaluate and inspect the appropriateness, quality and progress of the implementation of the sediment and erosion control -14- September 22, 1998 plan,utility plan and wetland mitigation plan as shown in the approved drawings, such that the costs thereof shall not be borne by the Village. The escrow account will be replenished from time to time by the Applicant on the request of the Village Administrator. 3. Prior to the issuance of any building permit, the Applicant shall submit for the Village Engineer's review and approval a maintenance plan for the stormwater detention facility which plan shall be implemented by the party responsible for the maintenance thereof to the satisfaction of the Village Engineer. 4. Prior to the issuance of a building permit the Applicant shall secure approval from the Village of Rye Brook Board of Architectural Review as required by Chapter 8 of the Code of the Village of Rye Brook. 5. The Applicant shall pay all professional fees, environmental charges and other applicable fees to the satisfaction of the Village Administrator. CONDITIONS TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 1. Prior to the issuance of the Certificate of Occupancy, the Applicant shall submit evidence to the Village that all approvals have been obtained from the New York State Department of Transportation and the Town of Greenwich regarding the implementation of the roadway improvements on King Street. If the approvals in connection with these jurisdictions require material changes as determined by the Village Engineer to approved site plan drawings, the Applicant shall be required to return to the Village Board for its review and approval. 2. The Applicant shall provide an "as-built" plan in a form as determined appropriate by the Village Engineer, showing the location of all utilities, roadways, buildings and drainage facilities. The plan shall be certified by a registered professional engineer that all such work, utilities and other appurtenances have been installed as shown on the approved site plan drawings in accordance with this resolution and Village specifications in effect on the date of this resolution. OTHER CONDITIONS: 1. All construction shall be carried out in accordance with the approved site plan drawings and the Westchester County Best Management Practices Manual for construction-related disturbances. In the event of conflict between requirements, the more stringent requirements shall apply. 2. No clearing,grading or excavation on the site shall commence until all erosion control measures have been implemented to the satisfaction of the Village Engineer. 3. The wetlands permit shall be subject to all of the requirements of Chapter 245 of the Village of Rye Brook Code. 4. All work conducted under this wetlands permit shall be open to the inspection at any time, including -15- September 22, 1998 weekdays and holidays by the approval authority, the Advisory Council on Environmental Conservation, the Village Engineer or their designated representative. 5. The wetlands permit holder shall notify the approval authority of the date on which the work is to begin at least five days in advance of such date. 6. The approval authority's wetland permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the wetlands permit. 7. As used in this resolution, "applicant" shall mean the Applicant, and his successors and assigns. 8. All proposed landscape material shall be maintained in a healthy and vigorous growing condition throughout the duration of use, and plants not so maintained shall be replaced with new plants of comparable type and size at the beginning of the next immediately following growing season. 9. Throughout the duration of construction, the Applicant shall be responsible for maintaining all adjacent roadways and parking areas in a clean condition and shall repair any roadway damage caused by construction vehicles to the satisfaction of the Village Engineer. 10. In the event that the storm drainage system or an element of such system becomes temporarily clogged or blocked, the Village Board may direct the clearance of said blockage to be performed within 20 days or in the event of an emergency,within 24 hours,by an outside independent contractor and the cost of removal of said blockage or correction of the physical reasons leading to causing the emergency and charge the cost of conducting said work against the developer and property, enforceable in the same way as a tax lien. 11. Given the relationship of the site to the Westchester County Airport, the Applicant shall make every effort to incorporate sound-proofing material into the construction of the building and a report on such efforts shall be submitted to the Village Board for its information. 12. The Applicant shall submit to the Village Engineer a construction traffic plan and a program as mitigative measures to include but not limited to: traffic routing in and out of the site, general hours of truck traffic, availability of flag or other traffic control devices during periods of temporary congestion or emergency and other matters considered appropriate. Such plan shall be submitted and approved prior to the commencement of construction. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye 6. CONSIDERING THE ACCEPTANCE OF A COPS GRANT. The Village Administrator read the resolution. Trustee Pellino noted that the word "unusual" should be corrected to read"universal." Trustee Degling asked whether the grant was to fund one officer or two. -16- September 22, 1998 Village Administrator Christopher Russo explained that the grant amount was to hire one police officer and the money was to fund a portion of the costs of the hiring and benefits associated with a police officer over a three-year period. On the motion of Trustee Pellino, seconded by Trustee Degling, the following resolution was adopted as amended: RESOLUTION APPROVING ACCEPTANCE OF COPS GRANT RESOLVED, that Rye Brook Police Department is authorized to accept COPS Universal Hiring Grant Award#98UMWX2503 in the amount of$75,000 to fund new additional career law enforcement officers; and it is further RESOLVED, that the Mayor and Chief of Police are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye 7. PROMOTION OF TWO POLICE OFFICERS TO SERGEANT. The Village Administrator read the resolution, and there was no discussion. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted as amended: RESOLUTION APPOINTMENT OF POLICE SERGEANTS RESOLVED, that Jeffrey Boesch of 3055 Grant Avenue, Mohegan Lake, New York, and Gregory Austin of 52 Forest Lane, Brewster, New York are hereby appointed to the position of Police Sergeant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for the position is $67,553 with an effective date of October 6, 1998 and a probationary period of six months. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye -17- September 22, 1998 8. CHECK REGISTER. The Village Administrator read the resolution, and Mayor Filipowski asked that the roll be called. Trustee Degling asked for a clarification of the refund for pants in the check register, and Mr. Russo explained that the families pay a deposit for the use of the uniforms and the deposits are refunded upon completion of that use. On the motion of Trustee Pellino, seconded by Trustee Strum, 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 19417-19494 Medicare Checks 19496-19522 Pre Paid Checks 19300-19415 Payroll 26929-27007 Environmental 1 160 NOW, THEREFORE, BE IT BE, 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 Absent Mayor Filipowski Voting Aye MINUTES: 9. MARCH 10, 1998 BOARD MEETING. 10. MARCH 24, 1998 BOARD MEETING. 11. MAY 26, 1998 BOARD MEETING. 12. JUNE 9, 1998 BOARD MEETING. 13. JUNE 23, 1998 BOARD MEETING. 14. JULY 15, 1998 BOARD MEETING. 15. JULY 21, 1998 BOARD MEETING. 16. SEPTEMBER 3, 1998 BOARD MEETING. The Board discussed the meeting minutes, and had some minor corrections to a couple of sets of minutes. There was no further discussion and the Board unanimously approved the minutes, with the amendments -18- September 22, 1998 discussed. Trustee Degling noted that he had additional grammar corrections to discuss with the Secretary and the Board proceeded with their vote. On the motion of Trustee Pellino, seconded by Trustee Strum, the aforementioned minutes were approved. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye WRITTEN COMMUNICATIONS: 17. JOSEPH DESANTIS CHAIRMAN OF THE COLUMBUS DAY COMMITTEE REQUESTING CONTRIBUTIONS. The Board briefly discussed the agenda item and agreed to approve the request. On the motion of Trustee Degling, seconded by Trustee Pellino, the board unanimously agreed to the request of the Columbus Day Celebration Committee. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Absent Mayor Filipowski Voting Aye 18. KH' KONIGSBERG ESO., RE: RED ROOF FARM RESOLUTION ON COVENANTS. There was discussion about the Red Roof Farm covenants on the properties within the Red Roof Farm subdivision. The Board deliberated over how to proceed with the covenants, and the Village Administrator and Village Attorney noted that the covenants were not finalized. Village Attorney Kenneth Powell felt that the Village Board had to review and consider all of the considerations proposed for approval under the covenants, since the Board would be approving them as to form and content. Trustee Degling had some questions on the second covenant, regarding fences for lots 14, 17, 18 and 19. He asked if the wording meant that if one of the four homes installed an accessory building then all of the four homes would be required to install fences between their homes and the Village parkland. Trustee Degling felt that it should be for each individual lot on which an accessory building was built, not for every lot because one homeowner put up an accessory building. Trustee Strum noted that the original intent from the approval resolution the Board adopted was indeed to require that a fence be installed along all properties if one homeowner put up an accessory building, so that the visual appearance of the lots from the park was uniform. There was some further discussion of restrictions on accessory buildings for lots along Ridge Street, and the Board agreed to put the covenants on for consideration at the October 6, 1998 Board meeting, after all of the comments had been considered and reflected in the agreements. The Village Administrator noted that he required the final documents by September 30. -19- September 22, 1998 The meeting continued on to discussions and Trustee Strum noted that it was the last scheduled meeting of the Board of Trustees before the Village switched from Rural/Metro fire coverage to Village of Port Chester Fire Department fire coverage, and he praised the dedication, professionalism and hard work of the firefighters on the force. Trustee Pellino echoed Trustee Strum's sentiments, and noted also the bravery and work ethic of the firefighters. The Board agreed, and thanked Chief Martin Drexelius for his service to the Village and wished him luck and best wishes with his future endeavors. Iden Heller of Lincoln Avenue spoke briefly on his concerns for Traffic Safety in the Village. He aired his opinion about the Trustees' comments on the fences, and asked the Trustees to consider whether they wanted fences next to the wetland area on the west side of the Red Roof Farm subdivision. The Mayor thanked Village Engineer Victor Carosi for his efforts on Boarding up the house at Rockinghorse Trail, and noted that it looked much better than its prior state. There were no further comments, and the Mayor asked for a motion to go into Executive Session on personnel. On the motion of Trustee Strum, seconded by Trustee Degling, the Board voted unanimously to go into Executive Session on personnel issues at 10:05 p.m. Respectfully submitted, Christopher I Russo Village Administrator/Clerk -20-