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HomeMy WebLinkAbout1998-09-03 - Board of Trustees Meeting Minutes AGENDA i VILLAGE OF RYE BROOK BOARD OF TRUSTEES SPECIAL MEETING VILLAGE HALL, 938 KING STREET THURSDAY, SEPTEMBER 3, 1998— 8:30 A.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTION: 12. CONSIDERING THE FINAL SITE PLAN APPROVAL FOR THE RED ROOF FARM SUBDIVISION AND WETLAND PERMIT APPLICATION. NOTE: Resolution on 26 Rockinghorse Trail cannot be passed. Village Attorney has advised that defect correction must go through the Court with the issuance of a violation by the Building Inspector. NEXT TRUSTEES MEETINGS: SEPTEMBER 8, 1998 AT THE POSILLIPO CENTER, GARIBALDI PLACE 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. 9 MINUTES OF A SPECIAL MEETING VILLAGE OF RYE BROOK,BOARD OF TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK SEPTEMBER 3, 1998 CONVENE MEETING: The meeting was convened at 8:30 a.m, by Mayor Filipowski. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Donald E. Degling Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Engineer, Victor Carosi Building Inspector, William Gerety Village Planning Consultant, Christian Miller Assistant to the Administrator, Richard Slingerland Representing the Applicant, Red Roof Farm: Jason Green Kip Konigsberg, Esq. RESOLUTIONS: I. CONSIDERING THE FINAL SITE PLAN APPROVAL FOR THE RED ROOF FARM SUBDIVISION AND WETLAND PERMIT APPLICATION. On the motion of Trustee Degling, seconded by Trustee Zuckerman, the following Resolution was adopted as amended. RESOLUTION RED ROOF FARM FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVAL TAX LOT 14 OF BLOCK 5, SECTION 1 IN THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees received an application of Kip Konigsberg on behalf Red Roof Farm, LLC (hereinafter referred to as the "applicant") for final subdivision plat and wetlands permit approval for the subdivision of a 22.25-acre parcel of land located in the R-15 One-Family Residential District into 40 building lots; WHEREAS, the Village Board of Trustees adopted a Conditioned Negative Declaration of significance in accordance with the State Environmental Quality Review Act (SEQRA) and granted Preliminary Plat approval by resolution dated June 23, 1998; and WHEREAS, the applicant has submitted twenty (20) drawings generally entitled Red Roof Farm Subdivision, 200-202 North Ridge Street, Village of Rye Brook, New York, prepared by John Meyer Consulting and having the following sheet numbers, sheet titles and revision dates: 1. Plat drawing entitled, Subdivision Plat, Red Roof Farm, Village of Rye Brook, Westchester County, New York, progress print dated 8/18/98. 2. Sheet CS entitled, Cover Sheet, dated 7/24/98 and last revised 8/3/98. 3. Sheet DM-1 entitled, Demolition Plan, dated 9/24/97 and last revised 8/3/98. 4. Sheet SP-1 entitled, Layout Plan, dated 7/26/98 and last revised 8/17/98. 5. Sheet SP-2 entitled, Grading Plan, dated 7/2/98 and last revised 8/17/98. 6. Sheet SP-3 entitled, Utilities Plan, dated 7/2/98 and last revised 8/17/98. 7. Sheet SP-4 entitled, Sediment &Erosion Control Plan, dated 7/2/98 and last revised 8/3/98. 8. Sheet SP-5 entitled, Landscape Plan, dated 7/2/98 and last revised 8/3/98. 9. Sheet SP-6 entitled, Construction Details, dated 7/2/98 and last revised 7/24/98. 10. Sheet SP-7 entitled, Construction Details, dated 7/2/98 and last revised 8/7/98. 11. Sheet SP-8 entitled, Construction Details, dated 8/3/98 and last revised 8/17/98. 12. Sheet RP-1 entitled, Road Profiles, dated 7/2/97 and last revised 7/24/98. 13. Sheet SS-1 entitled, Sanitary Sewer Profiles, dated 7/2/98 and last revised 8/17/98. 14. Sheet SS-2 entitled, Storm Sewer Profiles, dated 7/2/98 and last revised 8/12/98. 15. Sheet PG-1 entitled, Lot Grading Plan, dated 11/24/97 and last revised 7/24/98. 16. Sheet PL-1 entitled, Limit of Disturbance Plan, dated 11/24/97. 17. Plan V-I entitled, Visual Impact Analysis Plan, dated 10/30/97 and last revised 7/24/98. 18. Sheet WM-1 entitled, Wetland Mitigation Plan, dated 7/2/98 and last revised 7/24/98. 19. Sheet OS-1 entitled, Off-Site Drainage Improvement Plan, dated 8/5/98 and last revised 8/20/98. 20. Sheet OS-2 entitled, Off-Site Drainage Improvement Plan, dated 8/5/98 and last revised 8/20/98; and WHEREAS, the plans have been revised to address the conditions of preliminary subdivision plat approval; and WHEREAS, the Village Board of Trustees re-affirms its preliminary subdivision approval finding that a proper case exists for requiring that parkland be provided as shown on the subdivision plans; and WHEREAS, upon review of the revised plans, the Village Board of Trustees determined that the modifications to the plans since preliminary subdivision plat approval are not substantive and that a public hearing on the application for final plat approval is not required; and WHEREAS, upon review of the revised plans, the Village Board of Trustees determined that the modifications to the plans since preliminary subdivision plat approval do not include revisions that were not adequately addressed as a part of either the previous environmental review or the Conditioned Negative Declaration adopted for this application; NOW THEREFORE, BE IT RESOLVED, that in accordance with the requirements of the Village's Wetlands and Watercourses Law, the Village Board of Trustees re-affirms its findings stated in the resolution of preliminary plat approval with respect to the proposed wetlands disturbance and mitigation; and BE IT FURTHER RESOLVED, that a wetlands permit shall be granted for this application subject to the implementation and completion of the wetland mitigation plan, including all special conditions identified on such plan, to the satisfaction of the Village Engineer or Village Planning Consultant; and BE IT FURTHER RESOLVED, that the wetlands permit shall expire three (3) years from the date of this resolution; and BE IT FURTHER RESOLVED, that the application for final subdivision plat approval is granted and the Mayor is authorized to sign such plat subject to the modifications and conditions listed below; and BE IT FURTHER RESOLVED, that this final plat approval shall expire 180 days 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 final subdivision plat approval (not to exceed two [2] ninety[90] day periods) is granted; and CONDITIONS TO BE COMPLETED PRIOR TO SIGNING OF FINAL PLAT: I. The applicant shall produce a final plat in accordance with the provisions of Section 219- 40 of the Village's Subdivision Regulations and as may be required to be modified herein. Upon obtaining a satisfactory review by the Village Engineer, the final subdivision plat shall be submitted for review and signature by the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the final plat by the Mayor. 2. The final subdivision plat shall be updated with new revision dates and signed and sealed by a professional engineer or land surveyor licensed in the State of New York, 3. The applicant shall submit verification from the Receiver of Taxes that all taxes assessed against the property, which are due and owing, have been paid. 4. The applicant shall pay all professional fees, environmental charges and all other applicable Village fees to the satisfaction of the Village Administrator. 5. The final subdivision plat shall not be endorsed by the Village Board of Trustees until all roads and related improvements including implementation of the sediment and erosion control plan, utility plan, landscaping plan, off-site drainage plan, on-site drainage plan and wetland mitigation plan as shown on the approved construction plans (sheets 1 through 20), as modified, are completed by the applicant to the satisfaction of the Board of Trustees and Village Engineer, or alternately, the applicant has executed and posted a performance bond in the amount of$1,750,000 to cover the full cost of all such improvements with a term of three (3) years, approved by the Village Board of Trustees as to manner of execution, form and sufficiency to guarantee and assure full compliance by the applicant with all the terms, conditions, requirements and provisions as set forth in this resolution. 6. The applicant shall pay into a Village escrow account, the sum of$20,000, to retain consultants and other personnel needed to evaluate and inspect the appropriateness, quality and progress of the implementation of the sediment and erosion control plan, utility plan, landscaping plan, off-site drainage plan, on-site drainage plan and wetland mitigation plan as shown on the approval construction plans, such that the cost 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. 7. The detail sheet on the construction drawings shall be revised to replace the wooden guide rail with a steel guide rail. 8. The applicant shall submit final common driveway easement and restrictive covenants identified in the preliminary subdivision approval resolution which shall be subject to the approval of the Board of Trustees as to substance and subject to approval of the Village Attorney, as to form. The common driveway easement, including vehicle turnaround area, and restrictive covenants shall thereafter be executed by the property owner and recorded in the Office of the County Clerk contemporaneously with the filing of the subdivision plat. 9. The final plat and construction drawings shall be revised to change the name of"Starwood Road" to "Red Roof Drive" and "Green Court" to "Birch Lane". CONDITIONS TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT: 1. No building permit shall be issued for construction of a residence on any lot in this subdivision until the rough grading, on-site and offsite drainage improvements and wetland mitigation area have been completed and operating to the satisfaction of the Village Engineer and/or Planning Consultant. A note to this effect shall be added to the final subdivision plat. 2. No building permit shall be issued for construction of a residence on lots 14-3, 14-4, 14-5 or 14-6 in this subdivision until the grading for these lots as shown on the grading plan has been completed to the satisfaction of the Village Engineer. A note to this effect shall be added to the final subdivision plat. 3. No building permit shall be issued for the construction of a residence on lots 14-15 or 14- 16 in this subdivision until the drainage improvements and wetland mitigation area have been completed and are operating to the satisfaction of the Village Engineer. 4. No building permit shall be issued or construction of a residence on any lot in this subdivision until the sidewalk along the entire frontage of the subject site with North Ridge Street has been improved by the applicant to the satisfaction of the Village Engineer. 5. No building permit shall be issued for the construction of a residence on any lot in this subdivision, until the applicant has conveyed good title to the lands designated on the plat as parkland to the Village satisfactory to the Village Attorney. The deed to the Village shall be a bargain and sale deed, shall be executed and in recordable form, and shall be accompanied by a title report from a licensed title insurer, all at no cost to the Village. 6. No building permit shall be issued for the construction of a residence on any lot in this subdivision, until the applicant demonstrates that all common driveway easements and restrictive covenants identified in the preliminary subdivision approval resolution have been executed and recorded in the Office of the Westchester County Clerk, contemporaneously with the filing of the plat, satisfactory to the Village Attorney. CONDITIONS TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 1. All landscaping, except street trees, shall be installed as shown on the landscape plan to the satisfaction of the Village Engineer or Planning Consultant. All street trees shall be installed prior to the acceptance of the subdivision roads by the Village. 2. The applicant shall stake out the lot bounds for which a certificate of occupancy is requested and file with the Village Building Inspector an as-built survey of premises i containing a legend that such stakes have been set as shown thereon. 3. No certificate of occupancy shall be issued for lots 14-16 or 14-17 until a fence or other physical barrier as deemed appropriate by the Village Engineer or Village Planning Consultant has bee installed along the twenty-five- (25-) foot no disturbance zone identified on the wetlands mitigation plan. 4. No certificate of occupancy shall be issued for any building until the water and sewer improvements have been certified to be in compliance with the applicable sections of the New York State Sanitary Code and approved by the Westchester County Department of Health. 5. No certificate of occupancy shall be issued for any building until the road segment adjacent to the lot on which such building is located has been suitably improved to the satisfaction of the Village Engineer. OTHER CONDITIONS 1. When the applicant completes all improvements and dedicates same to the Village, the applicant shall execute and post a maintenance bond, satisfactory to the Village, in the amount of fifteen percent (15%) of the total cost of all such improvements with a term of one (1) year to assure the satisfactory condition of said work and improvements. 2. No clearing, grading or excavation on the proposed public roads will commence without the written approval of the Village Engineer. 3. The applicant, its successors and assigns, shall, at all times prior to the acceptance of the roads and improvements by the Village, keep the same in good order and working condition and maintain all roads in such condition for the safe, free and unobstructed passage by motor vehicles of every nature and description in all-weather conditions so that all improvements operate satisfactorily, and shall cause the removal of all snow and ice within twelve (12) hours of its accumulation or within such time as determined by the Village Engineer. 4. The applicant, its successors and assigns shall provide the name, address and telephone number of an agent, representative or private contractor who shall be responsible for the road maintenance and who shall be authorized to receive notice of any required maintenance work by the Village Engineer. 5. The applicant shall place appropriate street signs and traffic control signs as directed by the Village Engineer. 6. The wetlands permit shall be subject to all of the requirements of Chapter 245 of the Village of Rye Brook Code. 7. All work conducted under this wetlands permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Advisory Council on Environmental Conservation, the Village Engineer or their designated representative. 8. The wetlands permit holder shall notify the approval authority of the date on which the work is to begin at least five (5) days in advance of such date. 9. The approval authority's wetlands permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the wetlands permit. 10. Before the roads in the subdivision may be accepted by the Village the following shall be done: a. The owner of the roads shall tender an executed bargain and sale deed, in recordable form and accompanied by a title report from a licensed title insurer, conveying to the Village, good title to the roads and the associated sight, drainage, slope and easements, satisfactory to the Village Attorney. b. The following documents shall be submitted to the Village through the Village Engineer and the following work shall be done: I. A certificate by registered professional engineer or surveyor that the paved traveled way on all streets in the subdivision have been completed within the bounds of the right-of-way as shown on the filed plat of the subdivision shall be submitted. 2. An"as-built' plan and profile in form as determined appropriate by the Village Engineer, showing the location of all utilities, roadways and drainage facilities and certified by a registered professional engineer that all such work, utilities and other appurtenances have been installed as shown on the construction plans approved with the plat, in accordance with this resolution and Village specifications in effect on the date of this resolution, shall be submitted. 11. As used in this resolution, applicant shall mean the applicant, and its successors and assigns. Trustee Degling Voting Aye Trustee Pellino Absent Trustee Strum Absent Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye DISCUSSION ON 26 ROCKINGHORSE TRAIL A discussion followed regarding the options available to the Village with regard to securing the building located at 26 Rockinghorse Trail, The Building Inspector had coimnenced the procedure outlined in the Village Code in June, and since the sixty (60) days required by law has passed without success in having the building properly secured and defects corrected, two course of action will follow. First, the Building Inspector will issue a violation under the NYS Building Code, which will be dealt with in the local courts. If that action is not satisfactory to the Village, the Village Board, by resolution on September 22, 1998, will consider directing the Village Attorney to take action in State court to authorize the removal of the building. The meeting was adjourned at 9:40 a.m. Respectfully submitted, CZ4/o,//x� Christopher J. Ru so, Village Clerk