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2018.11.11 R. Schlank Comments AttachmentROSEMARY A. SCHLANK 9 Bayberry Lane Rye Brook, NY 10573 (914) 939-9273 RSchlank@ix.netcom.com November 11, 2018 Mayor Rosenberg and Honorable Members of the Village Board of Trustees Village of Rye Brook Offices 938 King Street Rye Brook, NY 10573 Dear Mayor Rosenberg and Trustees, Re: SEQR Hearing for 900 King Street–Community Character and Zoning Issues This is Attachment B for my comment letter of today’s date on this subject. Yours truly, Rosemary Schlank Attachment B, Document No. 1 Minutes of Rye Town Planning Board, Sept. 7, 1972 Document No. 1 • • -. RYE TOWN PIANNING BOARD MINUTES OF MEETING MINUTES OF A SPECIAL MEETING OF THE RYE TOWN PIANNING BOARD HELD ON THURSDAY, SEPTEMBER 7, 1972 IN THE RYE TOWN OFFICES AT 8:00 P. M • Present: Messrs. Corwin, Malin, Adler, Repaci, Thomas, Lattanzio and Consultant Lipman George Kramer of Entin Associates explained to those board members attending for the first time, his proposal to develop 60 acres of the Harkness property. Background information -first proposal was for 550 family units -After many meetings and negotiations with Planning Board the present proposal of 250 family units on half the acreage - which is further expressed as 9% of acreage would be buildings, 11% roads and parking areas. Office building would be two story -approximately 200,000 square feet with bonus included. The need for increased office space is based on having one tenant and since family units has been reduced to 250 , the cotmnercial increase would make project successful. Discussion on number of school children the project would add to school district. 1971 Census shows that in 168 Rye Ridge Apartments there are 41 school children. Walter Lipman raised question of traffic survey. His concern was about northbound traffic making left turn into property. George Kramer stated he is working on having a traffic light installed . Until light is installed, Entin will provide their own personnel to conduct traffic flow. Document No. 1 , • • - 2 - George Kramer requested more square f ootage for more attractive apartments • This does not mean an increase in number of bedrooms or units. George Kramer stated that construction would take a year and a half -Hopefully, he would be able to start in Spring of 1973. Mr. Corwin raised the question of building on speculation. George Kramer replied that he would not build on speculation. He is presently talking to two prospective tenants. Mr. Adler asked about the six acres to be donated to the Town. Mr. Kramer stated that it would be located adjacent to school property with frontage on King Street. Executive session started at 9:20 P. M. Leon Malin raised questions concerning the 507. increase in square footage over the allocated 300,000 square feet as stated in letter of February, 1972. General discussion followed on zoning regulations, units per acre and traffic problems. Mr. Corwin suggested a public meeting to hear views of residents. This was agreed on, and a meeting scheduled for September 28, 1972 • 10:30 P. M. MAC/fz There being no further business, the meeting adjourned at Morton A. Corwin Chairman Attachment B, Document No. 2 Minutes of Rye Town Planning Board, Dec. 12, 1972 and Statement of Planning Board dated April 25, 1973 Document No. 2 • • RYE T™N PLANNING BOARD MINUTES OF MEETING Minutes of a special mee ting of the Rye Town Planning Board held on Tuesday, December 12, 1972, in the Rye Town offices at 5 :00 P.M. PRESENT: Messrs. Corwin, Lattanzi o, Repaci, Consultant Lipman and Consultant Weidle of Frederick P. Clark Associates. The members of the Board and Mr. Weidle reviewed the terms of a proposed amendment to the Code providing for a P.U.D. or Planned Unit Development for the Harkness property and other large tracts in the Town. There were extensive modifications and deletions made to the draft as presented by Frederick P. Clark Associates. Mr. Weidle assured the Board that within ten days he would prepare a final draft of the proposed amendment which amendment would embody the final r ecommendations of the Board. The meeting was adjourned at 7:00 P.M • Morton A. Corwin Chairman Document No. 2 • • April 24, 1973 STATEMENT UPDATING THE TONN GENE RAL PLAN FOR DEVELOPMENT and Recommending Special Permit Approval of the Harkness Hospital Property as a Planned Unit Development Town of Rye, New York The following statement has been unanimously approved by the Planning Board and comes after a public hearing held on Sept ember 18, 1972 as well as full discussion and several sessions conducted with Frederick P. Clark Associates . STATEMENT Intr0 duction The Planning Board has been reviewing the Town Plan as it relates to the Harkness 80 acre Hospital property on King Street . TWenty of these acres have recently been develop~d for school purposes. The Planning Board will use this statement as a guide in any detailed r eview of a devel opment proposal for the Harkness property. The Planning Board has r eached its conclusi ons r egardi ng the development of the Harkness property based on the following general pr i nciples: 1. The development must be harmonious with surrounding properties , both r esidential and educational. 2. The development should produce tax r evenues substantially in e xcess of the cost of services required. 3. The nature of the uses should be of benefit to the Town as a whole, giving greater diversity and balance to both population and economy. 4. Conforming to the general objectives of the Town Plan, as adopted in 1953. Changes to be Recognized The Town Plan r ecommended that the Harkness s ite be continued as a hospital as long as feasible . If the Town Plan for this part of Rye Town is to be changed it should be based upon the need to adjust to some change from the conditions which existed when the Plan was adopted. An obvious and fundamental change exists in that the Harkness building apparently is no longer f easible to be used as a facility by the New York Presbyterian Hospital. Another basic change has been the d ecision to bui ld a new high school on part of the property and the r efore, make utilities readily available . Good planning suggests that the r emainder of the Harkness property be used to compliment adjacent land use, including the new school. Document No. 2 • • A less tangible change, and one which is not directly related to the Harkness site but rather to the rising cost of living and changing demographic, social and economic conditions, has been the increased cost of housing and the appar- ently growing demand for multi-family housing. There also appears to be an increased interest a.nd concern for the natural environ- ment -its conservation, preservation and protection -particularly in urbanizing areas. We note across the nation an increasing desire to preserve and enhance the natural resources of the land. Finally, the Town must be congnizant of the rapidly expanding coats of coanunity development and management. The costs of local government have risen rapidly during the past decades, making it imperative that the Town continously search for ways to lessen the financial burden which must be carried by residential property owners, who contribute the major portion of the Town government funds. Planned Unit Development After extensive consultation with Frederick P. Clark Associates and noting a national trend towards multi-purpose use of land, the Board reaffirlllS its pre- vious opinion that a relatively low density Planned Unit Development (PUD) for offices and Dlllti-f amily residences is the proper use for the Harkness property and perhaps for other large parcels in the northern part of Town. Residential Development In the opinion of the Planning Board, the development of about 250 garden apart- ments, containing an average of l. 8 bedrooms per unit and a total of 450 bedroau, constructed at a density of about 7 units per acre, seell\S reasonable. Approxi- mately 36 acres, or 6~ of the site, should be allocated to this use. Dwelling units designed and use for rental purposes should be limited to an average size of 1,100 square feet per apartment. If these dwellings are constructed as condaniniums or cooperatives their maximum size could be increased to 1,400 square feet. Bedrooms should be defined as any space designed or used in whole or in part as sleeping quarters and should be designated as such on the approved site plan and drawings, which shall thus describe the permitted use of all rooms in each dwelling. Office and Research Laboratory Use About 24 acres, or 40\ of the site, should be reserved for office and/or research laboratory type uses. To preserve open space, provide for adequate parJdnq and JftiniJnizc traffic probleins, the floor area ratio or amount of gross floor area for each gross acre of land devoted to office or research laboratory use should not exceed 0.145, which would include the present Harkness building. In the event that the entire off ice and research laboratory area is placed under long-term lease to, or the ownership of, a single corporate tenant, the floor area ratio might be increased to 0.190, provided that there is reasonable evidence that the traffic on King Street in the vicinity of the Harkness site can be ade- quately controlled. - 2 - Document No. 2 • • &ecauee the offices may contribute to traffic problems on King Street and will have a bearing on school traffic, the following should also be requiredi 1. No Certificate of Occupancy for the use of office space should be issued until a traffic light has been assured on King Street at the entrance to the office complex. 2. A pedestrian overpass or underpass should be required to provide access to the school from the north. 3. The developer should grant pedestrian and bicycle easements to the school property wherever required by the Planning Board in detailed site plan review. Setbacks and Buffer Area Where the Planned Unit Development abuts residential districts, a setback or buffer area along the abutting property line should be maintained to a depth of 200 feet. Such setback or buffer zone areas should not be disturbed except that their use for recreation, landscaping, circulation drives, and tempora.ry disruption for the provision of utilities and facilities might be approved by the Planning Board in the course of site plan approval. Buildings and parking may be permitted within this buffer zone to a moderate degree where there is assurance that there will be minimum visual impact on adjacent properties. In no event should buildings be closer than 150 feet nor should parking be closer than 125 feet to said boundaries. All parking within this buffer zone should be fenced and screened from view by adjacent properties with adequate plantings deemed appropriate by the Planning Board. A minimum setback distance or front yard of fifty (50) feet should be provided along all other property boundaries. Streets and Utilities The pavement width for internal roads servinq all use• within the Planned Unit Development should be at least twenty•four (24) feet and should be adequate in location and design to acconnodate the maximum traffic. parking and loading needs and the adequate access of fire, police and other emergency vehicle•. The Planning Board may also require the provision of one or 110r• traffic lights at street intersections within or adjacent to the Planned Unit Development, subject to the approval of the appropriate traffic authorities. Off-Street Parking and Landscaping Landscaped off-street parking should be provided in u amount as required by the provisions of the Town of Rye zoning Ordinance. General Provisions. 1. All buildings should be limited to ~ stories in height. - 3 • Document No. 2 • • 2. Repreaentatives of both the Plannin9 Board and School Board have jointly a9reed that it is eaaential that there be aafe and convenient pedeatrian and bicyclo acccas to the achool. The safest route• would avoid JCing Street as much u poasible. a. Praia the North. An eaaeent from King Street to the northeasterly corner of the Harkness property1 then a further ~•emcnt running more or less alon9 the easterly border of the Harknesa property • b. Frail the West. A path aver the Town right-of-way off Heac!owlarlt Road and an ease1nent through the aparbnent developaient to school property. It is easential that achool drop-offs, pick-upa and parking be prohibited fraia Meadowlark Road above Oriole Place. It is possible that thia area should be designated a play street in order to enforce the prohibition. c. From the South. Acker Drive ahould also be opened for a pedHtrian an4 bicycle path to pemit a direct route toward• the school. If an easement should be obtained frOfl\ Hillandale Road to the development property, the route to the school would be shorter an4 safer. J, Notwithstanding the allocation of land for purposes of determininq 4ensity lillitationa, the developer ahould be required to 9ive 10\ of the total area to the Town for general Tovn use. 4. In the courae of reviewing th• propoaed Planned Unit Development the Town ahould require a apecific detailed site developnent plan covering atructurea, topography, utllitiea, drainage, recreation and land.acapin9, and incorporatin9 the above r~ndationa, as a condition to be approved by the Planninq Board prior to the iaauance of the Buildin9 Permit • .. 4 - Attachment B, Document No. 3 Minutes of Town Board meeting, June 19, 1973. See pages 234 to 241 and pages 241 to 243. Document No. 3 MEETING HELD JUNE 19, 1973 A regular meeting of the Town Board of the Town of Rye was held at the Town Rooms, 10 Pearl Street, Port Chester, New York, on Tuesday, June 19, 1973, at 8:00 P.M. PRESENT: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino and Town Clerk Zuccaro Also present were: Comptroller Patafio, Town Attorney Berner, Receiver of Taxes Jackson, Building Inspector-Engineer Fidelibus, Assessor Rollo and Supt. of Recreation Surhoff ABSENT: None Upon motion of Councilman G io ff r e, seconded by Councilman Goettel , the minutes of the meeting held on May 15th, 1973 were approved as read. The following reports were received: SUPERVISOR'S REPORT May -1973 RECEIPTS Town Clerk Fees Rents -Community Chest Chamber of Commerce Fines & Forfeitures (Justices) Building Inspector Fees Plumbing Inspector Fees Supt. of Recreation Fees Chief of Police Fees Interest Certificate of Deposit New York Telephone -Coin Box Commission State Aid -Snow Removal Royal Glove Insurance Co. - Accident Settlement (Highway Truck) Hospitalization & Dental Insur- ance New York State Income Tax Federal Taxes Union Dues Social Security DISBURSEMENTS 247. 00 50.00 50.00 1,855.50 274. 00 78.00 3,818.00 30.50 6,111.10 12.55 425 .59 250.00 3,361.83 3,040.86 12,473.74 119.00 4,822.80 To County of Westchester Principal & Interest -Tax Lien Certificate #675 Principal & Interest - T.A.N. #688 Principal & Interest - T.A.N. #689 2,338,203.78 88,277.25 201, 495.00 75,336.37 Document No. 3 226 Village of Port Chester - Expenses for three Police Patrolmen transferred Hospitalization & Dental In- surance New York State Income Tax Federal Taxes Union Dues School Taxes -Balance Due ) 9,S60.88 1 3,361.83 3,040.86 12, 473. 74 119.00 School District No. S S9,042.42 Family Service of Westchester -( Youth Program S,302.00 Balance on hand -General Fund -May 31, 1971 -$507,882.16 Fishing Hunting Non-Res. Fishing None-Res. Six-Day Fishing Marriages Marriage Transcripts Dogs Electrical Bicycle Taxi Driver's License Peddlar's Peddlar's Vehicle Map Street Opening Permit - (Saul Braslow -Valley Terrace & Ridge Blvd.) TOWN CLERK' S REPORT 27 4 9 4 46 S5 9 s S4 4 1 1 1 1 May -1973 TOWN WIDE @ .2S @ .2S @ .so l @ .so l.so l @ @ 2.00 TOWN OUTSIDE VI:L.LAGE @ .2s 1 @ @ @ @ @ @ @ s.oo .2S 10.00 I 25.00 ( I 2s.oo I .so so.oo I I 6.7S 1.00 4.SO 2.00 69.00 110.00 2.2S 2S.OO 13.50 40.00 25.00 2S.OO .so so.oo RF.CEIVER OF TAXES REPORT 1973 State & County Town May -1973 I 963,068.74 313,818.77 Blind Brook Sewer Mamaroneck Valley Sewer Port Chester Sewer District Sewer District No. 1 Sewer District No. 4 Sewer District No. 7 Sewer District No . q Sewer District No. 10 53,117.40 17,490.94 Sl,14S.1S 831.33 6,014.66 3,987.73 1,595.79 4,480.79 193.25 131. 25 $ 324.56 n Document No. 3 Sewer District No. 11 Sewer District No. 12 Water District Light District Tax Certificate Account State & County Town Blind Brook Sewer Mamaroneck Valley Sewer Port Chester Sewer District Sewer District No. 7 Sewer District No. 10 Sewer District No. 12 Water District Light District School District No. 1 School District No. 4 School District No. 5 Interest and Penalties 4, 143. 95 2,202.66 5,482.17 7,338.78 6 ,647.04 2,523.72 431.21 202.14 126.59 71.69 117.08 150.12 47 .58 51.77 7,661.88 17,212.98 7,798.66 Deposits to Credit of Supervisor County Trust Company -Town of Rye -General Acct. County Trust Company -Tax Certificate Account 227 1 ' 43 4' 718 • 8 6 43 ,042. 46 5,974.02 $ l, 483 '735. 34 1,440,692.88 43,042.46 $ 1, 483 '735. 34 SUMMARY OF ALL COLLOOTIONS HANDLED BY RFD. OF TAXES -MAY, 1973 Collections -Town of Rye Collections -Village of Port Chester--Gen. Acct. Arrears 1,483,735.34 1,389,164.97 1,921.17 $ 2,874,821.48 Building Inspector Felix N. Fidelibus submitted his re- port for the month of May, 1973, showing fees collected in the amount of $203.00. Plumbing Inspector Felix N. Fidelibus submitted his re- port for the month of May, 1973, showing fees collected in the amount of $19.00. A report was received from the Plumber's Examining Board, for the month of May, 1973, showing that no fees were collected. A report was received from Frank Gendalia, Chief of Police of the Town of Rye, for the month of May, 1973, showing fees collected in the amount of $24.25 for copies of auto accident re- ports and also report showing the activities of the Town of Rye Po- licemen. Document No. 3 "228 11 A report was received from Richard c. Surhoff, Jr., Supt. of Recreation, for the month of May, 1~73, showing fees collected in the amount of $996.00. A report was received from the We tc ester Shore Humane Society, Inc ., for the month of May, 1973, ties in the Town of Rye. A report was received from Munici al the month of May, 1973, showing their activ.tie og Patrol, for in the Town of Rye. Upon motion duly seconded, the forego·ng reports were ordered received and placed on file. Upon motion of Councilman Gioffre, sedonded by Council- man Goettel, the following resolution was adopt~: RESOLVED, that the transcription o t ,e Public Hearing held on May 8th, 1973, on the application of LESTER M. ENTIN ASSOCIATES to amend the Zoning Ordinance and Zoning Map to estab- lish a PUD (Planned Unit Development) Distri t, resently zoned as R-20 District on premises known as Section 1, Block 6, Lot 2A-l located at Mary Harkness site on King Stree~, a prepared by Allan S. Berman, Public Stenographer, be and the hereby are de- clared the official minutes of the said Publi~ Hearing. ROLL CALL: Ayes: Nays: Supervisor Pos ~lli o, Councilmen Gioffre Mazin, Goe tel and Zaccagnino None A letter was received from William r· !olden, Attorney, on behalf of Port Chester Fire Patrol & Rescue Cl mpany No . 1, re- questing that the Town. Board hold a public helri4g and adopt a resolution approving incorporation of said cor pa1y. Upon motion of Councilman Goettel, seconded by Councilman( Zalcagnino, it was voted to hold a public hearing on July 17th, f97i , at 8:00 P.M. A letter was received from Robert T C mstock, of #1 Sylvan Road, complaining about the overgrowth on Town property. Supervisor Posillipo stated that the Building In pector had noti- fied the owner and, in accordance with the (10) days in which to clear this property. (10) days this has not been done, the Town clear the property and bill the owner. lar , rt a wil l l he owner has ten the end of ten ake steps to n l n n Document No. 3 229 A letter was received from Richard E. Mannix, Assemblyman, in response to a letter sent by the Town Clerk, concerning distribu- tion of State aid. The writer stated that he would continue to press for equitable revisions in the per capita aid formula. This letter was ordered received and placed on file. A letter was received from Jessica F. Friese, City Clerk of the City of White Plains, together with a resolution calling upon the Congress and New York State Legislature to pass legislation al- lowing residential tenants to deduct real estate taxes from the pay- ment of income taxes. Upon motion of Councilman Mazin, seconded by Councilman Goettel, it was voted to refer this matter to the Town Attorney. A Notice was received from the New York State Public Ser- vice Commission, advising that a public hearing will be held at the World Trade Center, in New York City, on June 28th, 1973, proceeding on the motion of the Commission as to the rules and regulations of Consolidated Edison Company of New York, Inc., for electric service. This matter was referred to the Town Attorney. A letter was received from Carlo R. Caffuzzi, Attorney, en- closing an Easement Agreement dated May 29th, 1973 between Edna G. Crawford, residing on North Ridge Street and the Town of Rye, grant- ing the Town an easement and right-of-way over a portion of her prop- erty to construct a pedestrian walk and to lay a water service line within said strip for the benefit of the recreation area adjoining said strip. Upon motion of Councilman Zaccagnino, seconded by Councilman Goettel, it was voted to accept the easement and the Town Clerk was directed to thank Mrs. Crawford for her generosity. Chief Gendalia presented specifications for three (3) new Police cars. Upon motion of Councilman Zaccagnino, seconded by Councilman Mazin, it was voted to approve the specifications as re- ceived and to advertise for bids to be received until July 17th, 1973, at 8:00 o'clock P.M. Supervisor Posillipo informed the Board that Patrolman John Carlucci had been presented with the Police Honor Award to Patrolmen by the County Sheriff. This award was given in recog- nition of his action in apprehending vandals at the Junior High Document No. 3 230 ( I I l School. Each Councilman, individually, commended Patrolman Car- lucci. The following letter was received from John J. Errigo, Chairman, Rye Town Parks and Recreation Commissior: June 13, 1973 Honorable Supervisor Posillipo Town Board Members Gentlemen: We, the Rye Town Parks and Recreation Commission, are writing this letter to request your approval of the bond- ing of Thirty Thousand Dollars ($30,000.00) for the follow- ing capital projects to be completed this year. 1. Rye Hills Park -Playground and To ~ l dt $14,000.00 2. Garibaldi Park -Walkway, Equipment, Drainage and. Seeding 3. Pine Ridge Park -Tot lot and addition- al Fencing 4. Walk easement and water lines -Rye ( Hills Park I s,000.00 6,000.00 s,000.00. After many months of meeting with Town Associations, Organizations and individual residents a~d ~areful study by the Commission, we find these listed project~ to merit the highest priority f·or ·this year. As you all Ip.re well aware, with the Town's acquisition of open lands fo~ town parks, the demand for capital projects increases yearlyi It is with this in mind tha~ the Commission.tries to keep( our reques~s ~n prop er perspective so that the impact on the ~owiji. taxes is kept at · a reasonable level and the town residents are so informed and are mostly in agreement. We wish to publicly thank your new assistant, Mr. Philip Gasparini, for his letter of May 25 and analysis of the Parks and Recreation Capital Program. This informative type of data is a guideline for the Commission and enables us to hopefully do a better job. This was helpful to us in arriving at the requested figure for this year's projects. cc: Mr. Philip Gasparini Commission Members Sincerely, John 1 J. Errigo (signed) \ . John J. Errigo Chairman Rye Town Parks and Recreation Commsssio Supervisor Posillipo stated that, in recent years, the Town has received land from developers for parks and recreational purposes and the Recreation Commission has done a commendable job. Coun- cilman Mazin stated that the Recreation Commission has met with experts in the field of recreation. Upon mitio~ of Councilman Document No. 3 -231_ Mazin, seconded by Councilman Gioffre, it was voted to approve the bonding of $30,000.00, as requested and the Supervisor was authorized to prepare the necessary papers in connection therewith. Councilman Goettel stated that fences should be erected wherever necessary and that all property owners adjacent to recreational areas should be protected. Supervisor Posillipo reported that only one bid had been received on June 12, 1973 for furnishing and installing playground equipment at Rye Hills-Rye Brook and Pine Ridge Parks, at which time the Town Clerk read the public notice and submitted an affidavit of publication of said notice published in the Daily Item on May 22nd, 1973. The following bid was received: NAME OF CONTRACTOR BID Robert M. Bauer $ 19,866.00. Upon motion of Councilman Gioffre, seconded by Councilman Mazin, the following resolution was adopted: RESOLVED, that the contract for furnishing and installing playground equipment at Rye Hills-Rye Brook and Pine Ridge Parks be and it hereby is awarded to Robert M. Bauer, of Carmel, New York, for the sum of $19,866.00. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Goettel, seconded by Councilman Mazin, the following resolution was adopted: WHEREAS, Joseph A. Gianfrancesco did, on the 8th day of November, 1971, pay the sum of Seventy-Five ($75.00) Dollars for Street Opening Pennit No. 30 for the purpose of connecting to sewer line in front of Section 1, Block 22, Lot 4AC-23-24-25-26, located on Wyman Street; and WHEREAS, on May 29th, 1973, the Superintendent of Highways, Donald M. Brown, certified that he had inspected this work and found it to be completed in a satisfactory manner and recommended the re- fund of Mr. Gianfrancesco's deposit; NOW, THEREFORE, be it RESOLVED, that the Supervisor of the Town of Rye be and he hereby is authorized and directed to refund the sum of Seventy- Document No. 3 ··232 Five ($75.00) Dollars to Mr. ROLL CALL: Ayes: Nays: \ Joseph A. Gianfran~esco. Supervisor Pos~l11 ·po, Councilmen Gioffre, MazinJ G ettel and Zaccagnino I None Upon motion of Councilman Zaccagnino, econded by Councilman Gioffre, the following resolution lwas[ adopted: RESOLVED, that FRANK T. NARDI, residink at #10 Woodland Avenue, in the Town of Rye, New York, be and ~e f s hereby appoint- ed as Plumbing Inspector of the Town of Rye cornm~ncing June 28th, 1973, to serve at the pleasure of the Town Board and that the salary of the said Plumbing Inspector shall ~e f t xed at $4,500.00 per annum, payable in equal bi-weekly installml en;s; and it is fur- ther RESOLVED , that pursuant to the pro~si~ns of Article 8, Section 102 of the Town Law, as amended, all expj nses necessarily incurred for the use and benefit of the Town ~nd \when incurred by the said Plumbing Inspector in the execution ff he duties of his respective office shall be a Town charge; and it is further RESOLVED, that the salary and expenbes in connection with the services of the said Plumbing Inspector shall be paid [ from taxes levied and assessed against property the unincorpor- ated section of the Town of Rye. ROLL CALL: Ayes: Supervisor Posilli o, Councilmen Gioffre, Mazin, Go ttel and Zaccagnino Nays: None Supervisor Posillipo reported that (the Town had pur- chased liens in the total amount of $100, 039 .[59 t the Tax Lien Sale held on May 25th, 1973. Upon motion of pouf cilman Zaccagnino seconded by Councilman Gioffre, the following resolution was adopted: l WHEREAS, at the last tax sale whic1 wai completed on the 25th day of May, 1973, the Town Supervisor, on behalf of the Town of Rye, bid in and purchased transfers of ta1 li ns representing the sum of $100,039.59; and t l Document No. 3 2BH WHEREAS, by reason of the facts hereinbefore stated, the Town Board is authorized to issue certificates of indebtedness of the aggregate principal amount not exceeding $100,039.59, under Section 32 of Chapter 105 of the Laws of 1916, as amended, in order to pay the cost of purchasing transfers of tax liens bid in and pur- chased by the Town Supervisor at the tax sale which ended on May 25th, 1973; NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Rye as follows: Section 1. Pursuant to the provisions of Section 32 of Chapter 105 of the Laws of 1916 of New York, as amended, the sum of $100,039.59 shall be borrowed by the Town Supervisor upon the credit of the Town of Rye and for the purpose the Town Supervisor is hereby authorized and directed to issue, in the name and under the seal of said Town a certificate of indebtedness of said Town for the sum of $100,039.59. Section 2. Said certificate of indebtedness shall be dated June 25, 1973 and shall be payable January 25, 1974 and shall bear interest at the rate of four and twelve one hundredths percent- um (4.123) per annum and such interest shall be payable at maturity. Section 3. Said certificate of indebtedness shall be signed by the Town Supervisor and countersigned by the Town Clerk. The Corporate Seal of said Town shall be affixed to said certificate of indebtedness and attested by said Town Clerk. The faith and credit of said Town are hereby pledged to the payment of the princi- pal of and interest on said certificate of indebtedness. Section 4. Said certificate of indebtedness shall be numbered 696. Section S. The Town Supervisor and Town Clerk are hereby authorized to execute said certificate and to issue said certificate of indebtedness in such form as they may adopt in conformity with law, and to recite therein that all requirements and conditions of law have been complied with in the issuance of such certificate of indebtedness, and that such certificate of indebtedness is within every debt and other limit prescribed by the Constitution or stat- Document No. 3 Document No. 3 Document No. 3 June 19 , 197 3 2iJ5 WHEREAS, the Planning Board of the Town of Rye, in con- sultation with the firm of Frederick P. Clark Associates, Profes- sional Planners, recommended to the Town Board of the Town of Rye that the Town Board adopt a district to be known as the PLANNED UNIT DEVELOPMENT DISTRICT -"PUD"; and WHEREAS, the Town Board of the Town of Rye conducted a Public Hearing on May 8, 1973, in the Ridge Street School Auditor- ium in the Town of Rye to consider all points of view with respect to the proposed PLANNED UNIT DEVEI.OPMENT DISTRICT; and WHEREAS, the legal requirements with respect to publish- ing the Notice of the Public Hearing and the other legal require- ments have been fully met by the Town Board of the Town of Rye; and WHEREAS, .a full transcript of all of the proceedings of May 8, 1973, has been fully discussed and deliverated by the Town Board; and WHEREAS, the Town Board has carefully evaluated the various considerations of the PLANNED UNIT DEVELOPMENT concept es- pecially with respect to buffer areas and setbacks, floor area for dwellings and the number of units per acre of land; and WHEREAS, after full deliberation on all questions pre- sented, the Town Board has made a determination with respect to the adoption of a District to be known as the PLANNED UNIT DEVELOPMENT DISTRICT; NOW, THEREFORE, BE IT RESOLVED, that Article IV, Section 66-7, E -PLANNED UNIT DEVELOPMENT DISTRICT -PUD -of the Zoning Ordinance of the Town of Rye read as follows: 1. PURPOSES: In addition to the Purposes set f orth in Article I of the Town of Rye Zoning Ordinance, the FUD-Planned Unit Development District shall have amon g its purposes the following: (a) to provide for an increase in the amount and variety of housing in the Town in an era of increasing urbaniza- tion, development costs and awareness of the importance of natural resource preservation there to; to encourage distinguished architectural expression and innovative design so that these needs may be met by greater variety, type, design and layout of buildings and by a conservation of, and more efficient use of, open space in support of said buildings; (b) to protect, conserve and enhance natural resources, out- standing natural topography and geological features such as trees, vistas, soil stability, man-made landscaping and other features and to encourage the efficient use of land in relation to public and private facilities and utilities; Document No. 3 Ju ne 19, 1973 (c) to conserve the economic value of land and to strengthen and sustain its taxable potential; land (d) to provide a review procedure whic~ ca relate the type, design and layout of residential anki n n-residential de- velopment to a particularly large s~te or parcel and to a particular demand for housing , offic , commercial , recreational and other supportive u~es in a manner con- sistent with the preservation of prbpe ty values within and adjacent to established resident ia and other de- veloped areas, and which will ensur~ t at the increased flexibility over land development auth rized herein is subject to administrative standards1 de igned to en- courage good development while assurin that such de-1 velopment shall further the purpose~ o the Town of Rye Zoning Ordinance and of the Comprehens·ve General Plan for Development of the Town of Rye. 2. STANDARDS, REQUIREMENTS AND PROCEDURES: l (a) General Standards. In accordance wtth the standards, requirements and procedures hereinarte specified, all Planned Unit Developments, "PUD' s 11 , I sha 1 conform to and meet the following : \ (i) Minimum Area: The minimum area 1 req ired to qualify for a PUD shall be thirty (30) l ont·guous acres. (ii) Ownership: The parcel of land for PUD project may be owned, leased or controlled eith r by a single person, a corporation, or by a grou of individuals or corpora tions. An application mu t be filed by the owner, contract vendee or jointly b owners of all property included in a PUD proj ~ct. In the case of multiple ownership , the approved pl n shall be bind- ing on all owners. (iii) Location: The PUD dist rict may be pplicable to any qualifying area of the Town adj~cen to or north of the Hutchinson River Parkway. ~n a dition , all such districts shall have at least seven y-five (75) feet of frontage on a State, County,~or ajor Town road. (iv) Permitted Uses: All uses withi a UD district shall be determined by the provisions of his section and the approved ~lan of the PUD pr~jec concerned. The proportion, rate of construction an intensity of each use shall be approved by the T wn Board and shall depend upon the unique loqati n, physical fact- ors and economic considerations Jof ach proposed pro- ject within and adjacent thereto. ermitted uses may include, and shall be regulated }by the following: (1) Multi-family residential u;;s· The development of up to 250 garden apartm ts containing a total of 450 bedrooms, wit an averag e of 1.8 bedrooms per dwelling , conSt ted at a density of approximately 7 units p~r g oss acre may be permitted. Dwelling units ldes gned and used for rental purposes shall not exce d an average size of 1,450 square feet per apart ent. Their maxi- mum size may be increased tb 1 600 square feet and their minimum size shall n t be less than 1,100 square feet. Bedrooms\s all be defined as any space designed or used i~ ole or in part as sleeping quarters and shall e designated as such on the approved site p~an nd drawings, which shall thus describe tHe p rmitted use of all rooms in each dwelling . l ( Document No. 3 June 19, 1973 237 (2) Professional or business office and research labora- tory type uses as permitted in the OB-1 district, not to exceed 2 stories or 35 feet in height, whichever is less, or not to have a floor area ratio which ex- ceeds 0.145. Should the entire office and research laboratory area be placed under long-term lease to, or the ownership of, a single corporate tenant, the floor area ratio may be increased 0.190, provided that there is reasonable evidence that the traffic in the vicinity of the site can be adequately controlled. (3) Open spaces, either landscaped or left in their natur· al state including (vi) below. (4) Customary accessory or associated uses such as gar- ages , indoor storag e spaces, recreational and commun- ity activities, utilities and facilities as may be appropriate in relation to the principle uses listed above. Parking shall be as required in other sections of this Ordinance, except that multi-family resident- ial uses shall provide at least 1\ parking spaces for each dwelling plus \ for each bedroom. (v) Buffer Areas: Where the PUD abuts residential districts, the required setback of all structures and parking along the abutting property line shall be at least equal to the minimum lot depth of the abutting residential district or 150 feet, whichever is greater. Such minimum setback may be increased or decreased by a maximum of one-third by the Town Board upon recommendation by the Planning Board on the basis of field inspection of existing conditions and recommended required buff er planting. Such setback or buff er areas created shall not be disturbed except that their use for passive recreation, landscaping, circulation drives and their temporary disruption for the provision of utilities and facilities may be recommended for approval by the Planning Board in the course of site plan approval. Additional buff er zone s may be requir ed for the preservat ion of community character, health, welfare and to minimize disturbance. (vi) Land for General Town Use: (1) Private Common Property: In a PUD district, an area or areas may be reserved, together with improvements thereon, for the use and enjoyment of the residents or occupants of the PUD district. Where such private common property exists, satisfactory arrangements shall be made for the improvement, operation and maintenance of such areas and facilities, which shall be approved by the Town Board. (2) Public Area: In a PUD district, at least ten (10) percent of the total site area shall be offered and dedicated to the Town for general Town use. Such lands may be included in the allocation of land for determining the maximum density and intensity of land use. Such land shall be exclusive of, and in ad- dition to, areas devoted to public streets, park reservations, private common property, and/or utilities. (3) Easements and Off-Site Improvements: On site improve- ments and easements shall be provided as required by the Town for adequate circulation, convenience and safety in, through and adjacent to the proposed de- velopment. The developer may offer to provide, sub- ject to governmental approval, pedestrian overpasses or underpasses and pedestrian and bicycle easements wherever deemed necessary by the Town in the interest of safety and convenience and to show community bene- fit. Document No. 3 238 3. ( ( I June 19, 1973 I PROCEDURE: J { (a) Authority: The Town Board shall b j thl municipal authority designated to grant apprdval under the PUD district. Whenever any PUD district i~ proposed, before any special permit for the erection\ of iany building or use in such development shall be g~anted and before any subdivision plat for any part thereof ~ay be filed in the Office of the Westchester County C~erk~I the developer or his agent shall apply for and secu e a1proval of such Planned Unit Development in accord nee with the following procedures: (b) (c) (d) Application: The developer shall subm~t a written appli- cation request, including maps whe~e a~propriate and an illustrated project plan, to the Town Board containing or making provision for the furnishing of the following: (1) The name and address of the applicaht; the location of the land proposed to be developel; a map of exist- ing natural and man-made condit~ons on and adjacent to the site; the nature of the appl,cant's interest in the land; the density of land us to be allocated to various parts of the site; t~e l cation and size of any common open space; the f0rm r organization proposed to own and maintain common open space, if any; the use, height, bulk, loc~tio~ and general de- sign of buildings and other structutes; the proposed provision of water supply and dispo~ition of storm water and sanitary sewage; the subslance of a~y :ov- enants, grants, easements, or any o her restrictions proposed to be imposed upon the lan or buildings, including easements for public util ties; provisions for parking; locations and widths o streets and pedestrian easements and ways; modi ications from the existing Town ordinances govern:ijng treets or land use being requested, if any; the pr jected schedule for development; and the approx~mat times when final approval would be requested. I (ii) The above information may be supper ed by a report stating why the public interest 'wou d be served by the proposed development and settin forth the man- ner in which the proposed PUD develo ment would meet the objectives of this Ordinance an the Town Devel- opment Plan. Review Fee: An application for rezonin rict shall be accompanied by a fee of $1 acre or part thereof. Planning Board Referral: Within th~rty receipt, the application shall be r~ferr Board to the Planning Board for review a quired in Article IV, Section H, (1)(, b Rye Zoning Ordinance, except as modi~ied to a PUD dist- . 00 per gross 30) days of the d by the Town d report as re- f the Town of below. (e) Planning Board Recommendations: of the application, the Planning inety (90) days all either: (i) (ii) (iii) Recommend the granting of tentatf ve pproval of the PUD district and project plan as subt itted , or Recommend the granting of tentative approval, sub- ject to specific conditions andlbr r~quirements; or Recommend denial of tentative ap~rov In recommending the granting or deni approval, the Planning Board sha~l s writing its findings as to why tre p would not be in the public interest; the plan is or is not consistent wit of a Planned Unit Development distri 1 of tentative t forth in an would or in what respects the objectives n - • Document No. 3 June 19, 1973 (f) Public Hearing: Within thirty (30) dyas after the filing of the Planning Board report, a public hearing on said application shall be held by the Town Board in the manner prescribed for hearings on zoning amendments. (g) Final Review and Afi,Proval: If the T~wn Boar~ grants tenta- tive approval of t e proJect plan, with or without con- ditions, there shall be set forth in the written resolution as a condition to the time within which an application for final approval of the detailed site plan shall be filed, or, in the case of a site plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. The tentative approval shall authorize the sub- mittal by the applicant of a written report for detailed site plan approval. The tentative approval shall be valid for a period not to exceed twelve (12) months unless an ap- plication for site plan approval shall have been filed within that period. (i) The application for detailed site plan approval shall be made to the Town Board, shall contain the informatior normally required for site plan approval as well as ad- ditional information whi ch may be required by the Town Board and, upon receipt, shall be referred to the Plan- ning Board for a report and recommendations. Such ap- plication shall include all necessary drawings, speci- fications, and such covenants, easements, conditions, and performance bonds as were set forth at the time of special permit approval. A public hearing on an appli- cation for approval of the site plan shall not be re- quired, unless deemed appropriate and conducted by the Planning Board, provided that the plan submitted for such approval is in substantial compliance with the plan previously g iven special permit approval. (ii) Within sixty (60) days of referral of the detailed site plan application to the Planning Board for site plan approval, the Plannin g Board shall either: (1) recom- mend the granting of site plan approval of the plan as submitted; or (2) recommend the granting of site plan approval subject to specific conditions and/or require- ments; or (3) r ecommend denial of site plan approval; provided that such approval may be denied only in in- stances in which the final site plan is not in sub- stantial compliance with the plan previously given tentative approval. Said recommendations shall be in writing and shall clearly set forth the findings upon which the Planning Board decision was based. (iii) The Town Board shall take f inal action on the detailed site plan within forty-five (45) days of receipt of the Planning Board's report. (iv) The final detailed site plan, as approved, shall be in- corporated into the Town of Rye Zoning Ordinance, and the Comprehensive Development Plan of the Town of Rye by the Planning Board, and the Building Inspector shall issue all necessary permits in accordance herewith. The site plan shall also be recorded as a deed restrict- ion applying to the area of the Planned Unit Development district in its entirety. (v) In the event that the applicant fails, in the opinion of the Town Board, to begin a substantial portion of the Planned Unit Development within twelve (12) months from the date of final detailed site plan approval, then said approval shall be deemed null and void unless said time period is extended by the Town Board. Any perform- ance bond guarantee shall be forfeited or returned to the applicant, at the discretion of the Town Board. Document No. 3 \ ( \ June 19, 1973 I (h) Petition for Review: At any time ftlllo · approval of the final site plan, including the ·ssu nee of permits for any part thereof, the applicant ay petition for review of the previously approved p~an. The Town Board, upon finding that such petition andMfoea able and valid, may reconsider the ~esi n of the PUD district and the detailed site plan the eof, and shall follow, in full, the procedure and crnd.tions herein re- quired for original submittal. Each1 ap lication for modification shall require a separatf f .ling fee. (i) Im rovements or Performance Guarantebs: As a condition o ina approva , the app icant s a stall all site improvements or the Town shall requi e t e posting of adequateguarantee.s to insure the ins~all t ion of said improvements in the manner required pY t e Planning Board for the guarantee of improvemerts ·n subdivisions. (j) Residential Maintenance: The applic nt hall comply wit Article 9B of the Real Property Law f t e State of New York in regard to condominium owners ip nd before the issuance of any building permits. T plicant shall execute a covenant running with the as to the use and maintenance of open spaces, pond , rads, and build- ings to be approved by the Town Attor,ey and the Town Board, which shall include but not b li ited to the following: (i) The homeowners association shall be established be- fore the houses are sold. (ii) Membership shall be mandatory fo~! e h immediate and successive lot or homeowner. (iii) The open space restrictions shal b permanent. (k) (iv) The association shall be respons~bl for liability insurance, local taxes or common el ents, and the maintenance of all common elemen a as and facili- ties, open space and recreationa~ ar as, roads and related facilities. \ (v) Homeowners shall pay their propo ·tif ate share of the association 's costs, and the ass ss ent levied by the association shall become a lien n he property if not paid. (vi) The Town, if necessary, shall be pe mitted to step i and perform any maintenance work h·ch may not have been done or properly accomplish d y the associatio and to assess the cost for such ~or , as well as any taxes which may not have been pa~d, equally ag ainst all property owners within the s1bdf vision. Miscellaneous: In order to insure t~at l any plan sub- mitted hereunder prog resses in accordance with the intent of this Ordinance and with other app~ica le ordinances, rules and regulations of the Town of _!Rye, County of West- chester and State of New York, the Town oard may retain such independent architectural and/o ~ en ineering ser- vices as are necessary to properly a~ c mpetently super- vise and evaluate the appropriateness, q ality and pro- gress of a plan, the cost of which in· ep ndent services shall be borne by the Town and/or the ap licant upon such terms and in such proportion as ~re acceptable to both the Town and the applicant. Alli re errals to Fed- eral, State, County, municipal and sp[ec:L 1 districts normally required for amendments to tµe own o f Rye Zoning Ordinance shall be followed as1 a ondition for PUD and site plan approval. \ ( Document No. 3 ~ I I ! I ~ I : I i : I r-t I ' j I 241- June 19, 1973 Every structure of group of structures and uses, including those of institutional or public nature, and every group of structures having services, facilities, or utilities in common ownership or control by its occupants, or which functions as an independent corporate property owner or agent or management, shall be located upon and within a lot or plot of land which shall be fully dimensioned and designated as representing the area of responsibility. The extent of each individual or group ownership, or management as may be established by owner- ship, in full or partial fee, or leased under deed covenant, contract, or such other conditions of usage or occupancy, shall be legally established and recorded. A description of plan of such lots shall be filed as part of the Planned Unit Develop- ment with the Town Tax Assessor. The applicant shall provide for, and establish, an organization for the ownership and maintenance of any common open space, and such organization shall not dissolve, nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own ~d maintain the common open spaces. and be it further RESOLVED, that this amendment shall take effect ten (10) days after its adoption,. publication and posting as provided by law. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin," Goettel and Zaccagnino Nays: None Upon motion of Councilman Gioffre, seconded by Councilman Zaccagnino, the following resolution was adopted: WHEREAS, the Town Board of the Town of Rye has adopted a resolution amending the Zoning Ordinances of the Town of Rye to ac- commodate within its Zoning Ordinances a zone to be known as the Planned Unit Development District; and WHEREAS, upon the recommendation of the Planning Board of the Town of Rye, the Town Board did conduct a Public Hearing on May 8, 1973, at the Ridge Street School in the Town of Rye for the pur- pose of amending the Land Us~ Map of the Town of Rye dated Septem- ber 7, 1954, to delineate a particular section thereof for the pur- pose of accommodating a proposed Planned Unit Development District; and WHEREAS, after a full hearing at which time the Town Board did hear all those in favor and all those opposed to amending the Land Use Map of the Town of Rye; and WHEREAS, a full transcript of all of the proceedings has been fully considered by the .Town Board on the question of amending the Land Use Map; Document No. 3 242 une 19 , 1973 NOW, THEREFORE, BE IT RESOLVED, tha the Land Use Map dated September 7, 1954, be amended,'identifi d and .delineated as that 60 acre portion of the tract known as Seltion 1, Block 6, Lot 2A-l and further known as a portion of th Mary Harkness prop- erty as follows: ALL that certain parcel of land, toget~er with the build- ings thereon situated, lying and being in th I Town of Rye, County of Westchester and State of New York, being ounded and described as follows: BEGINNING at a point on the westerly slde of King Street where the same is intersected by the divisi~n line between prop- erties of Byram Ridge Subdivision and the P 1esbyterian Hospital; running thence along said division line the~following courses and distances: South 49 degrees 12 minutes 00 seconds West, 128.2 feet; South 48 degrees 09 minutes 00 1econds West, 450.5 feet; South 47 degrees 40 minutes 00 second West, 92.5 feet; South 48 degrees 52 minutes oo seconds West rl 107.0 feet; South 48 degrees 05 minutes 00 seconds West, 72.0 Eeet; South 45 degrees 33 minutes 00 seconds West, 78.1 feet; South 44 degrees 08 minutes 00 seconds West 15.1 ~eet; South 48 degrees 10 min- utes 00 seconds West, 135.0 feet; South 51 degrees 28 minutes 00 seconds West, 110.2 feet; South 49 degre~s 42 minutes 00 seconds West, 140.0 feet; South 48 degrees i2 minutes 00 seconds West, 360.0 feet; South 49 degrees 37 minut~E 00 seconds West, 140.0 feet; South 48 degrees 43 minutes 00 sr.conds West , 200.0 feet; South 47 degrees 52 minutes 00 seconds West, 54.8 feet to the lands now or formerly belonging to Mead~wlark; running thenc along the easterly boundary line of Meadowl*~k North 31 degrees 09 minutes 00 seconds West, 1,243.90 feet to a point on the easterly boundary line of lands of County of 1Westchester; run- ning along said lands, North 11 degrees 52 ~1nutes 00 seconds East, 302.47 feet to a point of curve; running thence along a cur\re to the right having a radius of 857.0!feet a distance of 151.57 feet to and along a curve to the rig~t having a radius of 623.95 feet a distance of 165.53 feet to a point; thence North 37 degrees 12 minutes 00 seconds East, 569.~7.5 feet to a curve to the right having a radius of 550.0 feet ad stance of 222.40 feet to and along a curve to the right havi g a radius of 60.00 feet a distance of 64.08 feet; thence North 30 degrees 36 min- utes 40 seconds East, 874.38 feet to a poin ; thence South 31 degrees 52 minutes 00 seconds East, 27.48 feet to the westerly boundary of lands now or formerly of Harris~ running thence along lands now or formerly of Harris and no~ or formerly of Thorstensen, the following courses and distdnces: South 25 degrees 35 minutes 00 seconds East, 750.7 fjet; North 47 degrees 08 minutes 00 seconds East, 36.2 feet; Nortij 47 degrees 26 min- utes 00 seconds East, 157.3 feet; North 47 degrees'07 minutes 00 seconds East , 61.2 feet to the westerly side of King Street; running thence along said westerly side of ~ing Street the following courses and distances: South 24 degrees 30 minutes 00 seconds East, 17.5 feet; South 26 degrees 01 minutes 30 seconds East, 575.4 feet; South 21 degrees ]2 minutes 00 seconds East, 145.2 feet; South 22 degrees 23 minut~s 00 seconds East, 206 .1 feet; s·outh 27 degrees 59 minutes 00 seconds East, 7 4. 2 feet; South 25 degrees 52 minutes 00 seconds East, 150.1 feet; South 24 degrees 42 minutes 00 seconds East, lOLJ .• 9 feet to the northerly boundary line of lands now or f orm,erly of Byram and the point or place of beginning. EXCEPTING THEREFROM premises acquired by the County of Westchester in condemnation proceeding Index o. 28651932 map of lands to be acquired for the Hutchinson River Parkway, Westchest- er County, New York. and be it further Document No. 3 June 19 , 1973 RESOLVED, that the Town Engineer of the Town of Rye be directed to so designate the Land Use Map to show the Planned Unit Development -PUD -on the Land Use Map of the Town of Rye which is dated September 7, 1954; and be it further RESOLVED, that this resolution be published in accordance with the Town Law of the State of New York. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None On the matter of the proposed amendment to the Soliciting Ordinance, it was, upon motion of Councilman Goettel, seconded by Councilman Zaccagnino, voted to hold a public hearing on July 17th, 1973, at 8 :00 o'clock P.M. Town Attorney Berner and Engineer Fidel- ibus were instructed to get together on the draft of the ordinance. Councilman Goettel stated that he felt that peddlers should not stop near traffic lights or anywhere where the flow of traffic would be hindered. On the matter of the proposed amendment to the Vehicle & Traffic Ordinance to establish Play Streets, it was, upon motion of Councilman Mazin, seconded by Councilman Gioffre, voted to hold a Public Hearing on July 17th, 1973, at 8:00 o'clock P.M. Supervisor Posillipo stated that a public hearing will be held at the White Plains County Center by the Westchester County De- partment of Public Works on July 7th, 1973, at 9:00 A.M., concerning the proposed new runway at the Westchester County Airport. Council- man Gioffre stated that he had attended a hearing with Mr. Dennison, Commissioner of Public Works of Westchester County, at which time a report was read. The report states that this proposed new runway will increase the growth of the Airport which means more planes, more noise and more pollution. He further stated that he opposes the pro- posed new air strip since it will lead to growth at the Airport and this represents the feeling of those living near the Airport. Coun- cilman Goettel stated that he is opposed to expansion at the Airport, but that he does not believe that the proposed new runway will bring that about. He further stated that Airport traffic has grown stead- ily without the addition of runways in the past and will continue to Document No. 3 244 grow without the new runway. Councilman Goettel feels that the proposed new runway will be a safety factor. Councilman Gioffre and Councilman Mazin stated that the growth J rojection for the Airport shows a tremendous increase in traff ~q by the 1980's and this projection was arrived at with the new rway included. Up- on motion of Councilman Gioffre, seconded by Councilman Zaccagnino, it was voted to go on record in opposition to/ the new proposed runway at the Westchester County Airport and r he Town Clerk was directed to write to County Leg isla tor Messina, asking him to sup- port the position of the Town Board. from voting. Upon motion of Counc ilman Goettel, the Board voted to approve Councilman Goettel abstained Mazin, se~onded by Councilman the plansl and specifications as submitted by Town Engineer Fidelibus for Bituminous Asphalt Walkways at various locations in the Town of i ye and the Town Clerk was authorized to advertise for bids to be received until July 12th, 1973 , at 3:00 o'clock P.M. Supervisor Posillipo s t ated that a r eeting had been held with the Board of Trustees of the Village of Port Chester and a representative of the State Depar tment of comlerce to discuss pos- sible uses of the R.B. & w. property, at whicf time some good idea were brought f orth. He further stated that the time has come for decision making and to consider what is best for the community. The next step is to sit with the principals of the R.B. & W., of- ficials of the Town and Village of Por t Chesti r and a representa- tive of the State Dept. of Commerc e to discuss this property. \ Councilman Goettel stated t hat a meeting should be held when all members can attend. On the matter of the amendment to t~e Uniform Justice Code Act, Sup ervisor Posillipo inf ormed the Board that costs in- curred by municipalities in a dministering their courts, as a re- sult of having cases transferred f rom the Cou~ty, shall be charged a gainst the County of Westchester. Supervisor Posillipo sta ted that Westchester County should mandate a curfew at the Westchester Co nty Airport. Upon Document No. 3 24fi motion of Councilman Gioffre, seconded by Councilman Zaccagnino, it was voted to request County Legislator Messina to support the Town's position on mandating a curfew at the Westchester County Airport from lo·:oo P .. M. to 7:00 A.M. Mrs. Viola Nelson, of #235 No. Ridge Street, appeared be- for the Board to complain of the cutting of some limbs from a tree on her property. After some discussion, Supervisor Posillipo stated that the Town does all it can to protect the property owner and if the Town is responsible in any way, the Town will do the right thing. Councilman Zaccagnino said he will inspect the tree. Mrs. Viola Nelson asked about parking on upper Westchester Avenue, since she had seen a great number of cars parked along the the street in that area one evening. Supervisor Posillipo informed her that this was a State road and that all cars had been ticketed. There being no further business, the meeting was adjourned at 9:45 P.M. Attachment B, Document No. 4 Minutes of Town Board meeting, Sept. 18, 1973. See pages 21-26. Document No. 4 1ti MEETING HELD SEPTEMaER 18, 1973 A regular meeting of the Town Board of the Town of Rye was held at the Town Rooms, 10 Pearl Street, Port Chester, New York, on Tuesday, September 18, 1973, at 8:00 P.M. PRESENT: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino and 'I'own Clerk Zuccaro Also present were: Comptroller Patafio, Town Attorney Berner, Building Inspector- Engineer Fidelibus, Receiver of Taxes Jackson, Assessor Rollo, Supt. of Highways Brown and Police Chief Gendalia ABSENT: None Upon motion of Councilman Zaccagnino, seconded by Councilman G i off r e , the minutes of the meeting held on August 21st, 1973 were approved as read. The following reports were received: SUPERVISOR' S REPORT August -1973 RECEIPTS Town Clerk -Fees Rents -Cormnunity Chest Chamber of Commerce Fines & Forfeitures Building Inspector -Fees Plumbing Inspector -Fees Chief of Police -Fees Supt. of Recreation -Fees N. Y. Telephone Co. -Coinbox Comm. Proceeds Sale of B.A.N. #700 (P. & R.) Proceeds Sale of Capital Note #701 Hospitalization New York State Income Tax Withholding Taxes Union Dues Social Security (P. & R.) Interest Certificates of Deposit DISBURSEMENTS Transfer to Highway Fund (1973 Taxes) Transfer to Parks & Recreation (1973 Taxes) Transfer to Parks & Rec. (Part of Proceeds B.A.N. #700) Hospitalization New York State Income Tax Withholding Taxes Union Dues Prin. & Interest -Sewer Dist. #4 Bonds 208.75 50.00 50.00 2,860.00 162.00 22.00 61.50 1,894.68 8.34 47,500.00 1,500.00 3,332.11 2,141.10 8,788.24 119.00 3,037.71 9,229.17 35,000.00 . i~ 7,731!.00 13,860.00 3,332.11 2,141.10 8,788.24 119.00 18,145.00 \ Balance on hand -General Fund -August 31, 1973 -$381,735.62 Document No. 4 RECEIVER OF TAXES REPORT August -1973 1973 State & County Town Blind Brook Sewer Mamaroneck Valley Sewer Port Chester Sewer District Water District Light District Tax Lien Account 1942 and Subsequent Interest and Penalties 4,590.74 2 ,247. 31 325.16 127.05 86.33 25.00 12.56 Deposits to Credit of Supervisor County Trust Company -General Account County Trust Company -Tax Lien Account 17 21,687.52 473.66 $ 29,575.33 7,887.81 21,687.52 $ 29,575.33 SUMMARY OF ALL COLLECTIONS HANDLED BY REC. OF TAXES FOR AUGUST, 197 3 Collections -Town of Rye Collec ~ons -Village of Port Chester--Gen. Acct. Arrears 29,575.33 41,705.95 361.05 $ 71,642. 33 Building Inspector Felix N. Fidelibus submitted his report for the month of August, 1973, showing fees collected in the amount of $382.00. Document No. 4 lb Plumbing Inspector Frank T. Nardi submitted his report for the month of August,.1973, showing fees collected in the amount of $10.00. A report was received from the Plumber's Examining Board, for the month of August, 1973, showing that no fees were collected. A report was received from Frank Gendalia, Chief of Police of the Town of Rye, for the month of August, 1973, showing fees collected in the amount of $46.00 for copies of auto acciden reports and also report showing the activities of the Town of Rye Policemen. A report was received from Richard C. Surhoff, Jr., Supt. of Recreation, for the month of August, 1973, showing fees collected in the amount of $336.90. A report was received from Westchester Shore Humane Society, Inc., for the month of August, 1973, showing their act- ivities in the Town of Rye. A report was received from Municipal Dog Patrol, for the month of August, 1973, showing their activities in the Town of Rye. Upon motion duly seconded, the foregoing reports were ordered received and placed on file. Supervisor Posillipo announced that bids would now be opened for the purchase of three (3) new Police cars. The Town Clerk read the public notice and submitted an affidavit of publi- cation of said notice which was published in the Daily Item on September 7th, 1973. The public notice and affidavit were or- d ered placed on file. and the Town Clerk was instructed to open the bids. The following bids were received: White Plains Dodge, Inc. Port Chester Motor Sales Co., Inc. $7,072.00 8,799.00. Upon motion of Councilman Zaccagnino, seconded by Councilman Gioffre, the bids were ref erred to the Chief of Police and the Town Board with power to award the bid to the lowest, qualified bidder. Document No. 4 - - An Order was received from the New York State Dept. of Transportation, granting approval for the temporary operation of a bus line between the City of Rye and the Village of Port Chester. Supervisor Posillipo stated that there is no bus operating at this time. This order was received and ordered placed on file. An Order was received from the New York State Dept. of Transportation, granting approval for the temporary operation of a bus line between various points in Rockland and Westchester Count- ies to LaGuardia and J.F.K. Airports. This order was received and ordered placed on file. A letter was received from Joseph F. Rinello, General Chairman of the Columbus Day Celebration Conunittee, inviting the Town officials to participate in the parade which will be held on October 7th, 1973. This letter was ordered received and placed on file. A letter was received from the Town Clerk, advising that the term of office of Joseph D. Vitti, a member of the Electrical Control Board of the Town of Rye, expired on September 17th, 1973. Upon motion of Councilman Zaccagnino, seconded by Councilman Gioffre, the following resolution was adopted: RESOLVED, that JOSEPH D. VITTI be and he hereby is re-ap- pointed as a member of the Electrical Control Board for a term of three (3) years commencing on September 17th, 1973 and ending on September 17th, 1976. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None The Town Clerk advised that it would be necessary to ap- point a Do g Enumerator to take the Dog Census for the year 1974 dur- ing the month of October. Upon motion of Councilman Zaccagnino, seconded by Councilman Gioffre, the following resolution was adopte~ RESOLVED, that the Town of Rye Policemen be and they here- by appointed as Dog Enumerators f or the purpose of taking the Dog Census in the unincorporated area of the Town of Rye during the month of October f or the 1974 license year. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Document No. 4 20 A letter was received from Chief of Police G1~ndalia, requesting permission to attend the International Association of Chiefs of Police Convention to be held in San Antonio, Texas, from September 22nd, 1973 to September 27th, 1973. Upon motion of Councilman Goettel, seconded by Councilman Zaccagnino, the following resolution was adopted: RESOLVED, that Frank Gendalia, Chief of Police, be and he hereby is authorized to attend the International Association of Chiefs of Police Convention to be held in San Antonio, Texas from ~ptember 22nd to September 27th, 1973 and that the expenses incurred in attending this Convention, within budgetary limits, be a Town charge. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None The Town Clerk requested authorization to publish a list of polling places for Registration and Election. Upon motio of Councilman Zaccagnino, seconded by Councilman Giof fr<~, the following resolution was adopted: RESOLVED, that the Town Clerk be and she hereby is authorized to publish a list of Polling Places in the Town of Rye for Permanent Personal Registration to be held on Octobe~r 11th, 12th and 13th, 1973 and for the General Election to be held on November 6th, 1973 in the Daily Item, the Mamaroneck Daily Times, the Westmore News and The Guide. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Supervisor Posillipo reported that one (1) bid had been received on September 18th, 1973 for furnishing and installing a 30'' ACCMP Storm Drain and Appurtenances -Country Ridge Drive and Rockinghorse Trail -at which time the Town Clerk read the public notice and submitted an affidavit of publication of said public notice published in the Daily Item on September 12, 1973. En- gineer Fidelibus stated that he had sent out notices to a number of bidders, but only one (1) bid was received, as follows: Document No. 4 21 Richards Excavating Co., Inc. $13,610.00., Supervisor Posillipo stated that it was important to have this work done as soon as possible; therefore, he was reconunending the award- ing of this bid at this time. Upon motion of Councilman Za~cagnino, seconded by Co:un,cilman Gioffre, the following resolution was adopt- ed: RESOLVED, that the contract for the furnishing and in- stalling of a 3" ACCMP Storm Drain and Appurtenances -Country Ridge Drive and Rockinghorse Trail -be a~d it hereby is awarded to Richards Excavating Co., Inc., providing that the bid meets all specification~ and with the approval of Town Attorney Berner. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagninc Nays: None The following letter was received from Morton A. Corwin, Chairman of the Rye Town Planning Board: Rye Town Board 10 Pearl Street Port Chester, N. Y. Gentlemen: September 10, 1973 The Planning Board has conducted two meetings with respect to the site plans submitted by Huntington-Larson Architects on behalf of Entin Associates. The first meeting was a public one held on August 9 and attended primarily by neighboring residents from Hillandale and Meadowlark Roads. We believed that it was essential to obtain the reactions to the site plan of those persons most directly concerned with the Harkness Development. Our second meeting was held on August 23 and was attended by the Entin people, including their architects and consulting engineer and Mr. Fred- rick Wiedle of Frederick P. Clark Associates. We approve the site plan submitted to us August 20 and do so for the following reasons: 1. The plan is good in relation to adjacent residential areas. Setbacks are fine and the short ends of buildings face the perimeter. 2. The location of the retention pond in the southeast cortl.er 9f the site should tend to diminish water problems in severe storms· with better drainage control. 3. The· plan' creates little disturbance of existing contours and takes care to preserve most groups of large trees. 4. The building plans indicate some diversity of front yard - back yard orientation among buildings. s. T~e setba~k ~d elevation di~ferences tend to avoid large visual building masses and will create pleasant visual group-ings. Document No. 4 6. There appears to be good separation of auto activity from pedestrian activity. We also recommend that acceptance of the site plan be subject to the following conditions: 1. The de~eloper will provide suitable perimeter fencing or scree~ing after consulting with the bordering residents and.with the approval of the Planning Board. A detailed perimeter landscape plan would be submitted sixty (60) days prior to commencement and the work, including berms, should be completed by May, 1974. 2. A written drainage report must be submitted ·with full particulars concerning the outflow, height of main drain, path of main drain, height, size and path of ove·ctlow drai and all drainage. The drainage pond area should be com- pleted by May, 1974. 3. A full road plan should be submitted, including bridge and tunnel connections across the entrance roads. It is im- portant that the entrance road avoid as much as possible truncating the six acre area being deeded to the Town. 4. The burned barns should be demolished and that area level- led and graded as soon as possible. s. A detailed building plan shall be submitted, including in- ternal layouts, grading, unit plans and identification. Such plan may be submitted on a section by section basis and is subject to the review and approval of the Planning Board and Town Board. Very truly yours, Morton A. Corwin (signed) Morton A. Corwin Chairman, Planning Board Supervisor Posillipo stated that all the time and effort spent by the Planning Board on this matter was greatly appreciated. Upon motion of Councilman Gioffre, seconded by Councilman Mazin, the following resolution was adopted: WHEREAS, in accordance with those provisions of the Zoning Code of the Town of Rye dealing with Planned Unit Develop- ments, it is a requirement that the Town Board of the Town of Rye approve or disapprove the site plan f or the development of any P.U.D.; and WHEREAS, in accordance with the Zoning Code, a:nd partic- ularly in accordance with the procedures of the P.U.D. Ordinance, it is necessary that prior to Town Board approval, the Planning Board of the Town of Rye review and consider all of the aspects of a submitted site plan as it relates to drainage, scre•aning, road design, traffic patterns, ingress and egress, as well as - Document No. 4 23 other areas of concern which directly affect a Planned Unit Develop- ment as it relates to the general character of the township within the framework of the P .U.D., itself; and WHEREAS, the Lester M. Entin Associates has submitted a proposed P.U.D. site plan for construction on a sixty (60) acre site which has already been designated on the Land Use Map of the Town of Rye as a P.U.D. Zone by Board resolution dated June 19, 1973; and WHEREAS, the Planning Board has determined that the site plan submitted by Lester M. Entin Associates embraces the P.U.D. concept as set forth in the Town Board resolution of June 19, 1973 and the site plan generally meets the requirements of the P.U.D., with respect to density, including the distribution of dwelling units and office space areas; and WHEREAS, the Planning Board did conduct numerous informal meetings with Lester M. Entin Associates; and WHEREAS, there were public meetings held on August 9th and again on August 23rd, 1973, when the site plan was reviewed and certain recommendations made and revisions suggested and agreed to by the Developers; and WHEREAS , by letter dated September 10, 1973, which letter is a part of the minutes of the Planning Board and on file with the Town Clerk; NOW, THEREFORE, BE IT RESOLVED, that the P.U.D. site plan, as submitted to the Planning Board of the Town of Rye by Lester M. Entin Associates, be and it is hereby accepted for filing with the Building Inspector of the Town of Rye, subject, however, to the following terms and conditions and which a re in addition to those set forth in the P.U.D. Ordinance adopted by the Town of Rye on June 19, 1973: 1. The developer will provide s uitable perimeter fencing or screening after consulting with the bordering residents and with the approval of the Planning Board. A detailed perimeter landscape plan would be submitted sixty (60) days prior to commencement and the work, including berms, shall be completed not later than May 1, 1974. Document No. 4 Document No. 4 25 11. The developer shall pay the costs of engineering and/or architectural services , consultant services and inspections which shall be deemed necessary by the Town Board after recommenda- tions by the Building Inspector. 12. The dev eloper shall grant pedestrian easements as required by the Town Board and shall provide a metes and bounds description of same. 13. The developer shall dedicate six (6) acres of land and shall do so by the preparation of a Deed in recordable form and acceptable to the Town Attorney at the developer's own cost and ex- pense. 14. The developer shall provide its own security and ser- vices, which shall include but shall not be limited to refuse col- lection and snow removal. 15. The developer shall submit the Association Agreement which it contemplates will be the instrument which the occupants will execute and such Association Agreement shall be reviewed by the Town Attorney and approved by the Town Board. 16. The developer shall provide to the Town Board a metes and bounds description of the entire property. 17. The developer shall post and file a Perfo rmance Bond with the Town of Rye with a surety company acceptable to the Town Board of the Town of Rye in an amount representing the full cost of the installation of utilities and roads and which Bond shall guar- antee the installation of same, all in accordance with the sub- division regulations of the Town of Rye. 18. The developer shall bear the full cost of installa- tion of utilities and roads and mai ntenance thereof. 19. All roads must meet the standards of the subdivision regulations of the Town of Rye; and be it further RESOLVED, that the foregoing expresses the terms and con- ditions of this approval, but the Town Board, nevertheless, reserves the right to invoke any such additional regulations and standards, which, in the Board's discretion, shall protect the health, safety and welfare of the residents of the Town of Rye and further, that Document No. 4 the Board shall not be limited to the specific terms and con- ditions herein granted. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Councilman Goettel stated that the Town should try to have all of the utilities installed underground. Supervisor Po- sillipo stated that there was no reason why we cannot u.se our in- fluence to have this done. Councilman Gioffre stated that he thought that this development is making the best use of property in a PUD Zone. Councilman Goettel stated that the developer should be required to maintain the roads so as not to incon- venience the residents in the area of this development during the construction period. Supervisor Posillipo stated that E?.ach ad- ditional application will be decided on the merits of each one. A letter was received from Malcolm Wein, Attorney, rep- resenting Giorgi Holding Company, Inc. , offering a small plot of land in the Town of Rye known as Section 1, Block 6, Lot 21PlB on the Tax & Assessment Map of the Town of Rye to the Town of Rye. Upon rootion of Councilman Goettel, seconded by Councilman Zaccag- nino, the following resolution was adopted: RESOLVED, that the Town Attorney be and he here.by is em- powered to accept on behalf of the Town of Rye, a Deed of Dedica- tion to all of that real propert y known and designated on the Tax and Assessment Map of the Town of Rye as Section 1, Block 6, Lot 21PlB, which property is held in fee by Giorgi Holding Co., Inc., and be jt further RESOLVED, that the Town Attorney shall accept the said Deed only when, as and if all encumbrances have be.en satisfied against the. property and that a title policy by a reputable title company shall disclose that the property is in such a condition that it may be accepted by the Town of Rye; and be it further RESOLVED, that the Deed of Dedication shall be filed in the County Clerk's Office, Division of Land Records, in the Count of Westchester. Document No. 4 ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None On the matter of the.adoption of a proposed local law to finance the construction of sidewalks, it was, upon motion of Councilman Zaccagnino, seconded by Councilman Mazin, voted to hold a Public Hearing on October 2nd, 1973, at 8:00 o'clock P.M. On the matter of the proposed merger of the Town and Village Narcotic Councils, Supervisor Posillipo stated that for a number of years the Town and Village had separate councils and that it had been hard to get effective personnel. The Rye'Town Narcotics Guidance Council has been very effective and the Hot Line was in- stituted by the Town of Rye. He further stated that it appears that a consolidation of the Narcotics Councils would make it easier to accomplish their work more effectively. Councilman Gioffre stated that with a disease of drug addiction, Town or Village lines are not respected and he felt that the Council would be stronger if merged. Supervisor Posillipo stated that three members from the Town of Rye, three members from the Village of Port Chester and a teenager from the Town and the Village of Port Chester would serve on the merged Council. Councilman Mazin stated that the Town of Rye Narcotics Guidance Council had done an excellent job. Supervisor Posillipo stated that Dr. Silberstein, from the very beginning, had given much time and effort to the Coune.-il. Councilman Mazin stated that appropriate Certificates of Merit should be sent to the mem- bers of the Narcotics Guidance Council. Councilman Goettel stated that he had read a story in the newspaper concerning the Marriot Hotel. He further stated that he never intended to protect the Hilton Hotel by not permitting other hotels to locate in the area. Supervisor Posillipo stated that there is no proposal before the Town Board and that he only answered questions. Councilman Goettel stated that he had a number of calls concerning the nursing home being built on King Street -that plumbing materials not permitted in the Plumbing Code had been used and that no inspections had been made. Supervisor Posillipo stated Document No. 4 that violation notices have been sent to Yale Wilner and to the Plumbing Contractor. The Plumbing Inspector has already notified them that corrections must be made. Supervisor Posillipo stated that no permit had been obtained before the work had steLrted. A resident of the unincorporated area, who was present, stated that before any other available land is developed., more deliberate thought should be given before the land is permitted to be developed. There being no further business, the meeting adjourned at 9:30 P.M. Attachment B, Document No. 5A Minutes of Rye Town Planning Board meetings, Feb. 11, 1974 and March 7, 1974. Document No. 5A I '• • RYE T<MN PLANNING BOARD Minutes of Meeting -February 11, 197L Present: Messrs. Adler, Corwin, Herbst, Lattanzio, Malin, Repaci, Consultant Lipman and Town Engineer Fidelibus. The meeting was concerned entirely with those documents detailed in a letter dated February 1, 197L from Entin Associates and seeking final site plan approval for their Harkness Development . It was noted that according to the newly revised plan, the retention pond area would be approximately &J% of its former size and that it would take the form of a grass bowl, which would descend to a depth of eleven feet and not contain standing water . Mr. Rotfeld, on behalf of Entin, explained that the cubic ca - pacity of the area would be equal to the original 1.25 acres and that a detailed plan will be submitted for final approval. It was suggested by the Board and agreed by Mr . Kramer for Entin that they would install adequate fencing around the drainage area consistent with safety and esthetics. It would probably take the form of split rail or board on board with plantings. The next matter was the question of the location of the developer's entrance road and the land to be deeded to the Town for recreation purposes. It was the concensus of the Board that if in fact the State Department of Transportation desired widely separated entrances between Entin and the Blind Brook School - (Mr. Kramer represented that the State required a minimum distance of 250 feet) then the most northerly point of entrance, as permitted by the D.O.T ., would be most desi rable for the Town. The Board felt that recreation purposes would be served best by maximi zing the size of Parcel A (as designated by Entin's plan) and rejecting the other two smaller parcels to the west and the north. Toward this end, Entin was instructed to contact the D.O.T. for permission to move its entrance road as far north as possibl e . The developer was asked about the absence of any reference to visitor parking. Mr. Klatsky -for the developer, stated that shoulder parking in certain areas would be a partial solution. The Board then requested a plan which would designate in a general way the clustering of visitor spaces . The developer was further required to revise his plans so that no apartment would exceed l&JO square feet, to give the Board a breakdown on the mix of units, to keep the average at lLSO square feet and to submit his methods of measurement in exact detail. The developer stated that he would connnunicate by letter with the bordering residents on Hillandale Road and Meadowlark Road stating his willingness to pro- vide fencing or an individual request basis. In the event that a push-button light is required for a pedestrian crossing across the developer's entrance road, he will provide same. Meeting adjoumsi at ll:L5 P.M. Moron ~ C~win, Chairman Rye Town Planning Board Document No. 5A, • _, ~ Rye Town Planning Board Minutes -March 7, 1974 Page 2. January 14, 1974, entitled "Subdivision of Lot S Block c, as shown on Amended Resub- division Map of Byram Ridge, Town of Rye , Westchester County, New York -be approved as shown with the endorsements of s id Secti on by the Westchester County Health Department, dated F bruary ll, 1974; and that of the Chainnan of the Planning Board, dated March 7, 1974 and that of the Town Engineer -dated March 8, 1974. Mr. William Cuddy ad.dressed the Board on behalf of Mr. John Kingery concerning an application for a change of zone of premises -known and designated on t he tax lllBP of he Town of Rye as Lot 10 Block 26 Section 1, from an Office Building and Business District (OB-S) to a Planned Neighborhood retail District (Cl-P). The subject property is situated on the easterly side of South Ridge Street betw en West William Street and Garibaldi Place. It contains approximately five acres in all -three in the Unincor- porated Area of the Town of Rye and two in the Village of Port Chester. Most of the Board's questions were directed to the subject of increased traffic on Ridge Street. Mr. Cuddy expressed a willingness on the part of the applicant to install and maintain a suitable traffic light. He also stated that if the triangular piece of land that presently belongs to the Town could be acquired by the ap licant - then perhap the road could be widened to create a fifth lane, which would be a holding and turning lane for cars entering the shopping center. There was a final review of the detailed site plan for the Harkness Property. The Board recommended that the plan be accepted, subject to certain conditions to be incor- porated in its report to the Town Board. The meeting adjourned -no further business. Respect ully submitted, Morton A. Corwin -Chainnan Rye Town Planning Board Attachment B, Document No. 5B Minutes of Town Board meeting, March 19 1974 See pages 139-143 Document No. 5B 13~ MEETING HELD MARCH 19, 1974 A regular meeting of the Town Board of the Town of Rye was held at the Town Rooms, 10 Pearl Street, Port Chester, New York, on Tuesday, March 19, 1974, at 8:00 P.M. PRESENT: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Also present were: Comptroller Patafio, Town Attorney Berner, Assessor Rollo, Building Inspector-Engineer Fidelibus, Plumbing Inspector Nardi, Supt of Highways Brown and Maintenance Man (Repair) Errigo ABSENT: Town Clerk Zuccaro In the absence of Town Clerk Zuccaro, Dominick Patafio, Comptroller, was appointed as Acting Town Clerk. Upon motion of Councilman Gioffre , seconded by Councilman Zaccagnino, the minutes of the meeting held on Feb- ruary 19th, 1974 were approved as read. The following reports were received: SUPERVISOR'S REPORT February -1974 RECEIPTS Town Clerk -Fees Rents -Community Chest Chamber of Commerce Building Inspector -Fees Plumbing Licenses Chief of Police -Fees Supt. of Recreation -Fees Tax Anticipation Note #713 Dog Tax Refund New York Telephone -Coinbox Fines & Forfeitures Hospitalization Comm. New York State Income Tax Federal Income Tax Social Security City of Rye -Share R.T.P. DISBURSEMENTS To School Treasurers Hospitalization New York State Income Tax Federal Income Tax Union Dues 284.00 50.00 50.00 46.oo 82.00 49.00 3,110.86 250,000.00 2,074. 49 9.86 3,063.00 3, 138. 40 2 ,506. 54 9,867.04 3,604.98 14,392.0l 652,821.17 3,138.40 2,506.54 9,867.04 159.00 Balance on hand -General Fund -February 28, 1974 -$137,556.60 Document No. 5B RECEIVER OF TAXES REPORT February -1974 1974 School District No. l School District No. 4 School District No. 5 Harrison School District Tax Lien Account 1942 and Subsequent Tax Certificate Account 1973 State and County Town Blind Brook Sewer Port Chester Sewer Sewer District No. 10 Water District Light District 106,985.27 445 ,500.58 100,169.79 155.54 l,142.10 2,170.ll .833. 34 121.54 106.54 130.ll 14.99 10.90 J33 652,811.18 1,142.10 3, 387 .53 Document No. 5B .t34 Interest and Penalties 4 2481.19 $ ooI 2 8~~.oo DeEosits to Credit of SuEervisor County Trust Company --General Account 4,481.19 County Trust Company -School Accoutj.t 652,821.17 County Trust Company --Tax Lien Account l,142.10 County Trust Company -Tax Certificate Account 31 387.53 $ ooI,831.99 SUMMARY OF ALL COLLECTIONS HANDLED BY REC. OF TAXES -FEB., 1974 Collections -Town of Rye 661,822.00 Collections -Village of Port Chester--Gen. Acct.33,042.84 Arrears 4,971.90 Assessment Fund 55.13 $ 099,891.87 Building Inspector Felix N. Fidelibus submitted his re- port for the month of February, 1974, showing fees collected in the amount of $203.00. Plumbing Inspector Frank T. Nardi submitted his report . . for the month of February, 1974, showing fees collected in the amount of $30.00. A report was received from the Plumber's Examining Board, for the month of February, 1974, showing fees collected in the amount of $50.00. A report was received from Frank Gendalia, Chief of Police of the Town of Rye, for the month of February, 1974, showin fees collected in the amount of $79.75 for copies of auto acciden reports and also report showing the activities of the Town of Rye Policemen. A report was received from Richard c. Surhoff, Jr., .Supt. of Recreation, for the month of February, 1974, showing fees collected in the amount of $1,889.00. A report was received from the Westchester Shore Humane Society, Inc., for the month of February, showing their activi- ties in the Town of .Rye. A report was received from the Municipal Dog Patrol, for the month of February, 1974, showing their activities in the Town of Rye. ~ Document No. 5B 1~J5 Upon motion duly seconded, the foregoing reports were re- ceived and ordered placed on file;. Annual Reports were received from the Supt. of Recreation and the Plumbing Inspector showing plumbers licensed in the Town of Rye. These reports were ordered received and placed on file. A letter was received from Anthony E. Meloni, Village Clerk, requesting the use of seventeen (17) voting machines to be used in the Annual Charter Election for the Village of Port Chester on April 23rd, 1974 and tables and chairs to be used for Registra- tion and Election Day. Upon motion of Councilman Zaccagnino, seconded by.Councilman Goettel, this request was granted. An Order was received from the New York State Dept. of Transportation, granting permission to Mt. Kisco Bus Lines, Inc., for a temporary certificate of public convenience and necessity for the operation of a bus line in the Towns of Harrison and Rye. This order was received and ordered ref erred to Town Attorney Berner. A Notice was received from the New York State Department of Transportation, advising that a public hearing would be held on March 18th, 1974 on the petition of County· Bus Lines, Inc., request- ing a temporary certificate of public convenience and necessity for the operation of a bus line within the City of Rye and the Village of Port Chester. This notice was ordered received and ref erred to Town Attorney Berner. An Order was received from the New York State Public Ser- vice Commission concerning a proceeding on motion of the Commission as to the charges, rules and regulations of Consolidated Edison Company of New York, Inc., for electric service. This order states that, pending an investigation and decision, the operation of amend- ment be suspended and the use of charges, rules and regulations be deferred to and including June 27th, 1974. Supervisor Posillipo stated that the Public Service Commission has not been acting in be- half of the public who it is supposed to serve; that they are not representative of the consumer and do not indicate a concern for the citizens. Councilman Goettel stated that an investigation should be conducted as to how the increases are granted and on what basis. Document No. 5B Upon motion of Councilman Gioffre, seconded by Councilman Goettel, the Board voted to go on record and advocate a change in the mem- bers of the Public Service Commission and the Town Clerk was in- structed to send letters to Senator Pisani and Assemblyman Mannix, stating our position and asking them to use their good offices to bring about this change. A letter was received from the Town Clerk, advising that the terms of office of Alan Briskman and Karen H. Kalmer, members of the Architectural Board of Review, will expire on March 15th, 1974 and the term of office of Donald E. Edwards, a member of the Recreation Commission, will expire on March 21st, 1974. Upon mo- tion of Councilman Gioffre, seconded by Councilman Mazin, the following resolution was, adopted: RESOLVED, that ALAN BRISKMAN and KAREN H. KALMER be and they hereby are re-appointed as members of the Architectural Board of Review of the Town of Rye for a term of three (3) years com- mencing as of March 15th, 1974 and expiring on~March 15th, 1977; and be it further RESOLVED, that DONALD E. EDWARDS be and he hereby is re- appointed as a member of the Recreation Conunission of the Town of Rye for a term of seven (7) years commencing as of March 21st, 1974 and expiring on March 21st, 1981. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None A letter was received from Felix N. Fidelibus, Building Inspector-Engineer, requesting permission to attend the 72nd An- nual Convention of the Municipal and Roads Division of American Public Works Association to be held at Las Vegas, Nevada, from March 24th to March 28th, 1974. Upon motion of Councilman Zaccag- nino, seconded by Councilman Gioffre, the following resolution was adopted: RESOLVED, that FELIX N. FIDELIBUS, Building Inspector- Engineer, be and he hereby is authorized to attend the 72nd Annual Convention of the Municipal and Roads Division of American Public Works Association, at Las Vegas, Nevada, on March 24th to :March Document No. 5B 28th, 1974 and that the expenses incurred in attending this Con- vention, within budgetary limits, be a Town. charge. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen . Gioffre, Mazin, Goettel and Zaccagnino Nays: None A letter was received from Donald M. Brown, Supt. of High- ways, advising that on }larch 12th, 1974, h<! received bids for a Traction Driven Tow Type Material Spreader and requesting that the contract for this equipment be awarded to Capitol Highway Materials, Inc., of Baldwin Place, New York, who was the lowest qualified bid- der. Upon motion of Councilman Zaccagnino, seconded by Councilman Mazin, the following resolution was adopted: RESOLVED, that the lowest qualified bid in the amount of $3,150.00, as submitted by Capitol Highway Materials, Inc., of Bald- win Place, New York, received for furnishing and delivering one (1) Traction Driven Tow Type Material Spreader to the Town of Rye High- way Department, be and it hereby is accepted. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Goettel, seconded py Councilman Gioffre, the following resolution was adopted: RESOLVED, that EDWARD B. WILLIAMS, JR., of #23 Smith Street, Port Chester, New York, be and he hereby is appointed a Civil Officer of the Town of Rye, to serve at the pleasure of the Town Board, beginning as of March 19th, 1974, at no salary. That he shall be entitled to collect statutory fees allowed by law in civil actions and proceedings. ROLL CALL: Ayes : Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays : None Upon motion of Councilman Zaccagnino, seconded by Council- man Goettel, the following resolution was adopted: WHEREAS, the Town Board of the Town of Rye is now, and has been, actively seeking to obtain New York State Retirement benefits known as Section 41-k under the New York State Retirement & Social Security Law, which benefits accrue to non-uniformed Town personnel Document No. 5B who have served in the military service and who wish to purchase military time to be credited to their retirement; and WHEREAS, the Town Board, by resolution dated March 21, 1972, elected to participate in such benefits under Section 41-k; and WHEREAS, thereafter, the New York State Retirement System refused to accept the application of the Town of Rye to include its personnel under Section 41-k because the State Re- tirement System alledged it was not timely filed; and WHEREAS, the State Retirement System established a cut- off date of March 31, 1972, to apply for the benefits; and WHEREAS, the Town then availed itself to its remedy and obtained an Administrative Hearing which resulted further in a denial of the application; and WHEREAS, the Town of Rye then proceeded to an Article 78 proceeding in Supreme Court, Albany County and the Article 78 proceeding was further denied; and WHEREAS, the Town Board of the Town of Rye still wishes to provide these benefits to its non-uniformed personnel; and WHEREAS, the granting of such benefits would have no fiscal implications to the State of New York whatsoever; NOW, THEREFORE, BE IT RESOLVED, that the To'\m Board, by resolution, request a Home Rule Bill to be introduced in the New York State Legislature, in both the Assembly and Senate, wherein these benefits may be obtained for non-uniformed personnel of the Town of Rye only; and be it further RESOLVED, that the Supervisor of the Town of Rye be em- powered to sign a Home Rule Message to the Legislature requesting the passage of this Home Rule request. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Goettel, seconded by Council- man Zaccagnino, the Board instructed Town Clerk Zuccaro to send certified copies of the above resolution to Senator Joseph R. Pisani and Assemblyman Richard E. Mannix. Document No. 5B Ma!tc.h 1 9, 1 9 7 4 On the matter of an appointment of an additiona1 Eatrolman for the Tmm of Rye Police Department, it was, upon motion of Coun- cilman Mazin, seconded by Councilman Gioffre, RESOLVED, that JOSEPH F. CAPPELLO, of #397 Columbus Avenue, Tuckahoe, New York, be and he hereby is appointed as a Third Grade Patrolman of the Town of Rye as of March 21st, 1974, at an annual G~ salary of $12,600.00, as a Third Grade Patiolmen. The salary shall be payable in equal bi-weekly installments and his salary shall be levied and assessed against property in the unincorporated section of the Town of Rye. Mr. Cappello was a member of the Tuckahoe Police Department who resigned from that force. All of the necess- ary papers and forms were filled out and submitted and approved by the Personnel Department of Westchester County Civil Service. Upon approval, he was appointed to the Town of Rye Police Department. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None The following letter was received. pertaining to the de- velopment of the Mary Harkness property by Lester M. Entin Associa- tes: March 12, 1974 Rye Town Board 10 Pearl Street Port Chester, N. Y. -10573 Gentlemen: The Planning Board has reviewed the detailed site plans submitted by Lester M. Entin Associates and TBS Enter- prises, Inc. The initial plans were dated February l, 1974 and reviewed at a Board meeting held on February 11, 1974. At our suggestion, in conjtmction with comments submitted by Fred- erick P. Clark Associates, the plans were revised and some ad- ditional material forwarded. We had asked the Developer for the following: 1. A specific breakdown of the intended apartment bedroom mix, the measurements of each apartment tmit and the method of computation. 2. A plan designating in a general way the clustering of visitor parking spaces. 3. A more detailed plan of the retention pond area. It was represented that the diminished size of the re- tention pond area would be balanced by greater depth and still be able to store 353,700 cubic feet of water Document No. 5B 1·40 Mall.eh 1 9, 19 7 4. That parking bays between buildings be a minimum of 65 feet wide. s. That parking aprons behind 22 feet wide apartment units be widened to minimize tandem parking and that the option of a second garage be offered where feasible in certain larger units. Also, that green belt intervals in the park- ing courtyard be maintained for esthetic reasons. 6. The draft of a proposed letter to be sent to bordering homeowners concerning the per!imieter screening program and/ or fencing 7. That the location of the entrance road from King Street be at the most northerly point permitted by the New York State Department of Transportation. The Planning Board approved the Developer's modified detailed site plans at our meeting of March 7, 1974. We found tha the Developer had responded satisfactorily to our requests and the ·plans confonned to the requirements of our P.U.D. Ordinance - dated June 19, 1973. We also make the following recommendations to the Town Board: ·l. That the only parcel of land that the Town accept for rec- reation purposes be the large unbroken piece designated as "Parcel A" on the Developer's plan and that to the extent "Parcel A" is less than six acres, the Town accept monetary compensation for the difference. Of course, the usefulness of "Parcel A" will be maximized by the most northerly en- trance from King Street that the New York State Department of Transportation will permit. 2. That adequate fencing -consistent with safety and esthetics be installed in conjunction with the development of the re- tention pond area. 3. In the event a push-button light is required in a pedestrian crossing across the entrance road, the Developer should pro- vide and maintain it. 4. Because of delay in the submission of detailed site plans, previous deadlines should be extended.· Yours· truly, Morton A. Corwin (signed Morton A. Corwin MAC:ssb· Chairman The following letter was sent to Mr. Raymond Gardeski, P. E., Regional Engineer, N. Y. s. Dept. of Transportation, by Supervisor Posillipo,~pertaining to the Mary Harkness propert~: Mr. Raymond Gardeski, P.E. Regional Engineer N.Y.S. Dept. of Transportation 4 Buni.ett Blvd. Poughkeepsie, N. Y. -12601 March 4, 1974 Re: Harkness at Rye King Street -''Rye" T Document No. 5B Ma1tc.h 1 9, 19 7 4 ~14_r Dear Mr. Gardeski: Please be advised that the Town of Rye requests your approval to shift the entrance road to the above pro- ject about 25 feet in a northerly direction. The purpose of this requested move is to provide the Town with a suitable sized interior recreational area which has been designated and approved by both the· __ ~Town·"J6f Rye and the developers of the property. We are also pleased to know that at our meeting on February 27, 1974, the Department of Transportation agreed to install a traffic light at the intersection of Glenville Road and King Street. The Town Board of the Town of Rye respectfully requests confirmation of the connnittment. AJP:mn Respectfully yours, Anthony J. Posillipo Sup~visor The following letter which was sent to Mr. Dolph Rotf eld, of Tarrytown, New York, by J. W. Wickeri, Assistant Civil Engineer, of the office of R. M. Gardeski, Regional Traffic Engineer, was re- ceived: Mr. Dolph Rotf eld 555 White Plains Road Tarrytown, New York · Dear Dolph: March 11, 1974 Re: Access Drive Route 120A (SH 5226) Ha:rkness at Rye Town of Rye Westchester County This is in response to your field meeting with Mr. Wickeri of this office on February 27, 1974, and your subsequent plan submission of February 28th. The Town (Supervisor Posillipo) has also submitted a letter requesting relo- cation of the proposed access drive to increase the size of the undeveloped area which will be given to the Town for recreation purposes. We have considered the re- location request and.offer the following comments: Reiterating from previous discussions, the original lo- cation for access was chosen to provide maximum sight distance conditions in a northerly direction while main- taining a minimwn grade on the northerly approach of Route 120A at its intersection with the new drive. By relocating the drive to the north, sight distance con- ditions will be decreased due to the side slope and vegetation thereon, along the Elk's Club property front- age. However, as suggested by Supervisor Posillipo, the sight distance conditions could be improved by removing the brush and/or cutting back the side slope of the Elk's Club property. The area in question is partially owned by the State, but the remainder would require an easement or agreement with the Elk's Club to allow this improvement. Document No. 5B 14~ MaJtc.h 1 9, 1 9 7 4 Assuming that the sight distance conditions could be corrected, the only other problem with the relocation would be the down grade of the northerly approach of Route 120A. However, we have decided that the proposed 25 foot shift in alignment would not depreciably alter th~ saf~ty conditions, except during a snow s ~orrn, at which time we trust the disadvantag es can be minimized by proper driving habits of the motorist. As the result of our recent review, we have agreed to ac- quiesce to the Town's request to relocate the drive. How- ever, our approval is for location purposes only and should not be construed to mean final Department approval of the access plan. Reiterating from our February 27th meeting, due to the existing two lane width of Route 120A in this area, the increased traffic flow, which will be generated by the proposed development, will require additional pave- ment to insure adequate capacity. Consequently , we sug - fest the plans be developed to provide a left turn stor- age lane for northbound traf fic and a deceleration lane for southbound traffic. These improvements should be designed in accordance with good engineering practice and as recom- mended by normal State standards. It i s important to note that there are several trees lo- cated behind the existing curb line on the west s ide of Route 120A which will have to be removed to accomodate the additional widening and t o maintain proper sight dis- tance c onditions. Although these trees appear to be in good condition and provide an aesthetic value to the high- way, it is ess ential for safety reasons that they be re- moved. Our Lands cape Group is investigating the area to evaluate these trees and we will forward their corrunents to you when a decision is reached. We are f orwarding a copy of this reply to the Town so that they will be aware of our findings. RMG:JWW:tjh Very truly yours, R. M. Gardeski Regional Traffic Engineer J. W. Wickeri (signed) By: J. w. Wickeri Assistant Civil Engin- e er cc: J . McGovern, Resident Engineer E. Newha rd, Landsc ape Group Supervisor Anthony J. Posillipo, Town of Rye Port Chester, N. Y. Upon motion of Councilman Gioffre, seconded by Council- man Maz i n , t he following resolu tion was adopted: WHEREAS, the Town Board of the Town of Rye ::idopted an Ordinan ce entitled, "Planned Unit D0vclopment District" on June 19, 1973; and WHEREAS, under the s aid PUD District, the Town Board i s charged wi th the authority and the responsibility of giving final approval to a Plat which has been submitted to the Rye Town Plan - - Document No. 5B 143 MaJteh 1 9, 1 9 7 4 ning Board; and WHEREAS, Lester M0 Entin Associates and TBS Enterprises, Inc., have submitted its plans for the devc~lopment of the sixty (60) acres known as the Harkness Property; and WHEREAS, the Planning Board has already reviewed the Plat and has recommended its approval by the To~~ Board, subject, how- ever, to certain conditions; and WHEREAS, the Plat has now been submitted to the Town Board for final approval; NOW, THEREFORE, BE IT RESOLVED, that the Town Board ap- prove the submission of the Site Plan, subject to revisions on the Site Plan relocating the entrance road and subject to the approval of the declarations, covenants and restrictions of the Home Owners Association and subject to a formal dedication of six (6) acres of lands to the Town Board by a Deed or, in lieu thereof, by the pay- ment of cash at a price to be mutually agreed upon between the Town Board and the Developer; and be it further RESOLVED, that the applicant is hereby given an extension of three (3) months within which to file for a Building Permit and an additional three (3) months to actually commence construction of both the dwellings and office complex. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Supervisor Posillipo restated the conditions approved by the Planning Board and Town Board that all recommendations made by the Planning Board are to be adhered to by the Developer and will be his responsibility. aouncilman Ma~in stated that a school guard should be hired and placed at the school entrance until a traffic light has been installed with expenses to be paid by the Developer. On the matter of repairing the roof and interior of the Town offices, damaged by stonn water, Town Engineer Fidelibus was, upon motion of Councilman Mazin, seconded by Councilman Goettel, authorized to obtain prices for this repair work. Upon motion of Councilman Mazin, seconded by Councilman Goettel, the following resolution was adopted: Document No. 5B 144 RESOLVED, that the Supervisor be authorized to pay Nino Tamucci, Public Appraiser, the amount of $335.66, for ser- vices rendered in appraising windstorm damage to building and contents. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Mazin, seconded by Councilrna Gioffre, Town Engineer Fidelibus was instructed to obtain prices for the repair of the sidewalk in front of the Town offices. Upon motion of Councilman Zaccagnino, seconded by Councilman Gioffre, it was voted to hold a Public Hearing on April 16th, 1974, at 8:00 o'clock P.M., for the purpose of amend ing the Building Code of the Town of Rye in order to adopt and enforce land use and control measures meeting criteria of Sectio 1910.3 (b) of the Regulations of the Federal Insurance Agency under Dept. of Housing and Urban Development. The Town Attorney was instructed to prepare the necessary public notice. Supervisor Posillipo stated that credit should be give to the Ecology Committee which worked with Carlucci Sanitation Company to formulate a working plan for the collection and re- cycling of newspapers. The Carlucci Sanitation Company has agreed to collect all newspapers without charge to the Town of Rye. Upon motion of Councilman Mazin, seconded by Councilman Goettel, the following rules and regulations were set forth: 1. Pick-up will start Saturday, April 20th, 1974 2. The third Saturday of each month thereafter. 3. Only newspapers will be collected. 4. Newspapers must be tied in bundles easily handled. s. Newspapers will be put at curbside on Friday night. 6. There will be no return calls. Councilman Gioffre, once again, brought up the matter of the light on King Street and stated that if the State did not bring the matter to fruition, he would take the matter into his own hands, install the light and pay the expenses out of his own pocket. There being no further business, the meeting adjourned at 9:00 P.M. - - - Attachment B, Document No. 6 Minutes of Town Board meeting, June 18, 1974 Document No. 6 The United Hospital joins in the execution of this instrument for the purpose of evidencing its acceptance hereof and agreement herewith. THE UNITED HOSPITAL By _____________________________ __ 185 June. 18, 1914 THE TOWN OF RYE By __________________________________ _ Supervisor Party of the Second Part and which Indenture and Agreement is between DANIEL G. TENNEY, JR., residing on Piping Rock Road, Locust Valley, wng Island, New York, and IDRGAN GUARANTY TRUST COMPANY OF NEW YORK, who are the Execut- ors under the Last Will and Testament of Edna G. Crawford, and the TOWN OF RYE, a municipal corporation having its address at 10 Pearl Street, Port Chester, New York, referred to as "TOWN" in the said Indenture and Agreement; and be it further RESOLVED, that the Town of Rye accept the conveyance as grantee of the real property free of all liens and encumbrances, to- gether with the improvements thereon contained and described in the Indenture and Agreement as hereinabove referred to, in accordance covenants and restrictions with all of the terms and conditions/expressed therein; and be it further RESOLVED, that in accepting the fee to the real property and the personalty thereon contained, the Town Board has fullf con- covenants and restrictions sidered all those terms and conditions/as described in the Indenture covenants and restrictions and Agreement and find the terms and conditions/acceptable to the Town Board of the Town of Rye. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Mazin, seconded by Councilman Zaccagnino, the following resolution was adopted: WHEREAS, Lester M. Entin Associates has submitted a Sub- division Plat Plan under the PUD Zoning Ordinance which covers the site development and construction plans for the property in the Town of Rye known as Section 1, Block 6, Lot 2A-l; and Document No. 6 Document No. 6 ~ ! . June 18, 1974 however to all those terms and conditions which were adopted by the Town Board relative to the subject property at the Rye Town Board meeting of March 19, 1974, and it being understood by all parties that those requirements, standards and regulations are a part of and are included in this resolution; and be it further RESOLVED, that the developer post a Five Hundred Thousand ($500,000oOO) Dollar SUBDIVISION BOND, which said Bond shall also contain a provision that the developer shall pay the cash sum of Twenty-Five Thousand ($25,000.00) Dollars directly to the Town of Rye for engineering and consultants fees, which sum has been compu- · ted as five percent of the total bond and which amount shall be paid at the rate of One Thousand ($1,000.00) Dollars per month, each and every month, for twenty-five (25) consecutive months com- mencing July 1st, 1974 and that the sum shall be paid directly by the principal to the Town of Rye in payment· for ·those engineering and consultant services which are deemed necessary by the Town of Rye in the development of the subject property; and be it further RESOLVED, that the SUBDIVISION BOND shall, by its terms, clearly state the terms and conditions which meet the approval of .the Town Attorney and shall be a surety acceptable to the Town Board of the Town of Rye; and be it further RESOLVED, that the Bond shall be conditioned upon the following: a.. That the Bond shall be reduced by 85 percent upon the completion of all work as shown on Sheets l through 13 inclusive and acceptable to the Town Engineer, Town Planning Board, Town Attorney, Town Highway Department and the Town Board. b. The remaining fifteen percent shall be retained for one year from the date the report is approved by the Town Board as in a. above. c. At the termination of the one year, as referred in b. above, when all improvements have been completed and accepted, the Bond herein referred to may be terminated by the developer; and be it further RESOLVED, that the Town Building Inspector be and he is hereby authorized to issue building permits on the first group of dwe111ngs and site improvement and simultaneously therewith, issue the building permit for the firts fifty thousand square feet of office building construction. Document No. 6 t88 ROLL CALL: June. 18, 1974 Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Gioffre, seconded by Council- man Goettel, the following resolution was adopted: WHEREAS, LESTER M. ENTIN ASSOCIATES has submitted a Subdivision Plat for approval by the Town Board of the Town of Rye under the Planned Unit Development Zone (P.U.D.); and WHEREAS, under the Subdivision Regulations of the Town of Rye, the developer is required to deed to the Town of Rye ten percent of the acreage contained in the pare el of land in the Sub- division for Parks and Recreation; and WHEREAS, the amount of land to be deeded to the. Town of Rye by LESTER M. ENTIN ASSOCIATES in the instant Subdivision is 6 acres; and WHEREAS, after the Town Board has considered all of the facts and circumstances, and having reviewed the plat, the Town Board has agreed to accept a cash payment for 2.08 acres in lieu of a deed for a particular portion of the land to be deeded; and WHEREAS, the Town Board, in conference with the. develop- er, has reached a fair and equitable price for the land for which a cash payment has been offered representing payment in full for 2.08 acres; and WHEREAS, the price of Thirty Thousand ($30,000.00) Dol- lars per acre appears to be the fair and reasonable value. of the land; and WHEREAS, the total amount of land to be deeded is 6 acre , of which 2.08 acres is that portion which the Town Board has de- termined to be settled by a cash payment; NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is authorized to accept the sum of Sixty-Two Thousand Four Hundred ($62,400.00) Dollars in payment for the 2.08 acres; and be it fur- ther RESOLVED, that the Town Board accept the balance of 3.92 acres after it receives an accurate survey by a licensed surveyor Document No. 6 l t June 1 8, 19 7 4 1~9 or engineer and a metes and bounds description describing the 3.92 acres and further that the deed be in recordable fonn as will be acceptable to the Town Attorney for filing in the County Clerk's Office of Westchester County and only if the _Town Attorney receives a title report which shall indicate that the land to be deeded is free of all liens and encumbrances. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Councilman Mazin stated that he would like to see the $62,400.00 received from Lester M. Entin Associates eannarked for recreation in the unincorporated area. Councilman Goettel stated that the money should be spent in the area that is being developed now. Supervisor Posillipo stated that the money will be invested at this time. Councilman Goettel inquired whether the wires would be put underground in this development as had been discussed. En- gineer Fidelibus stated that the wires would be placed underground in this development. Supervisor Posillipo stated that the matter should be looked into. On the matter of borrowing $38,000.00 for Capital Pro- jects in various Town Parks, it was, upon motion of Councilman Zaccagnino, seconded by Councilman Goettel, RESOLVED, that Supervisor Posillipo be and he hereby is authorized to borrow the sum of $38,000.00 to be used for Capital Projects in various Town Parks. ROI.J.. CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Supervisor Posillipo stated that he read in today's Daily Item that several County Legislators had recommended that the County and its formula requiring local municipalities to pay half the bill for improving County roads in their areas; that under the proposal presented to the Board of Legislators, West~h~ster County would pick up the full cost of building and improving County roads. After some discussion, it was, upon motion of Councilman Zaccagnino, seconded by Councilman Goettel, voted to oppose any change in the present formula until a meeting can be arranged with County Legis- Document No. 6 190 lators Keane and Messina at which time all the details can be discussed before any final decisions are made. Councilman Gioffre stated that sometime ago a letter had been received R. M. Gardeski, Traffic Engineer, State of New York, stating that a traffic light would be installed by the Blind Brook High School by Spring and up till now, no light has been installed. He further stated that he would like to know when this light would be installed. Councilman Mazin stated that traffic seems to speed up as it approaches the Blind Brook High School and he would like to see a sign placed on King Street to reduce the speed. Supervisor Posillipo stated that signs had been placed on King Street some- time ago, but they had been removed by the State. Councilman Ma- zin complimented the School Guard at the Blind Brook High School for the fine job he has been doing. Councilman Mazin asked if buses transporting children had been inspected. Supervisor Posillipo told him that he would f ollow up on this matter. Councilman Mazin reported that the Rye Town Tennis Team, of which he is Captain, is tied for first place. Councilman Mazin stated that Garage Sale signs were up all over the place. Supervisor Posillipo stated that t he Police have been removing them when they see them. After some discuss- ion, it was decided that summonses should be issued; that the or- dinance should be enforced. Councilman Goettel stated that he had had se.ve:ral tele- phone calls from bathers at the Rye Town Park who compla.ined of nudity on the Beach. Supervisor Posillipo stated that this matt- er had been discussed at the Rye Town Park Commission me~eting and the Beach is being policed. There being no further business, the meeting adjourned at 8:55 P.M. Attachment B, Document No. 7 Minutes of Town Board meeting, Aug. 17, 1976 Document No. 7 Document No. 7 ~ I I -235 SUMMARY OF ALL COLLECTIONS HANDLED BY REC. OF TAXES -JtiLY, 1976 Collections -Village of Port Chester--Gen. Acct. $ 166,282.75 Building Inspector Felix N. Fidelibus submitted his report for the month of July, 1976, showing fees collected in the amount of $152.00. Plumbing.Inspector Fr~ Nardi submitted his report for the month of J~ly, 1976, showing fees collected in the amount of $20.00. Document No. 7 236 A report was received from the Plumber's Examining Board, for the month of July, 1976, showing that no fees were collected. A report was received from Frank Gendalia, Chief of Police of the Town of Rye, for the month of July, 1976, showing fees collected in the amount of $49.50 for copies of au.to acci- dent reports and also report showing the activities of the Town of Rye Policemen. A report was received from Terrence J. Nugent:, Jr., Supt. of Recreation, for the month of July, 1976, showing fees collected in the amount of $3,024.85. Upon motion duly seconded, the foregoing reports were ordered received and placed on file. A copy of a letter from Joseph G. Saile, Counsel to the Association, The Westchester Master Plumbers & Steamfit:ters Association, was received. The writer asked that further thought and study will be given to licensing plumbers. Supervisor Po- sillipo stated that no proposed ordinance had been presented; therefore the Town Board took the action that it did. 'Ihis let- ter was ordered received and placed on file. A letter was receied from Robert G. Bonhan, Executive Director, Plumbing Industry Promotion Fund, which state~d that he did not feel that the Town Board's action was in the be~st inter- est of the public at either the local or County level. Again, Supervisor Posillipo stated that no proposed ordinance was pre- sented. This letter was ordered received and placed on file. A copy of a letter written by Supervisor Posillipo to Joseph G. Saile, Counsel to the Association, The Westchester Master Plumbers & Steamfitters Association, was receive~d. The ·writer stated that since the County of Westchester is the author- ity for action on County-wide licensing, he suggested that cor- respondence and efforts should be directed to the County. He further stated that when a draft of a proposal is submitted to the Town of Rye from the County, the Tmm Board will study it and make its recommendation and comments at that tine. Document No. 7 Upon motion of Councilman D. Gioffre, seconded by Coun- cilman Zaccagnino, the following resolution was adopted: RESOLVED, that LOUIS VESPIA and JOSEPH GUGLIELM) be and they hereby are appointed Civil Officers of the Town of Rye to serve at the pleasure of the Town Board, beginning August 17, 1976, at no salary. They shall be entitled to collect statutory fees, allowed by law, in civil actions and proceedings. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None A letter was received from Town Justice Reuben Sirlin, requesting permission to attend the New York State Magistrate's Convention which will be held on September 19th, 1976 through September 22nd, 1976, at the Stevensville Hotel, Swan Lake, New York. Upon motion of Councilman Mazin, seconded by Councilman B. Gioffre, the following resolution was adopted: RESOLVED, that the officials of the Town of Rye be and they hereby are authorized to attend the Annual Meeting of the New York State Association of Magistrates to be held from September 19th, 1976 through September 22nd, 1976, at the Stevensville Hotel, Swan Lake, New York and the expenses incurred in attending this Convention, within budgetary limits, be a Town charge. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None Supervisor Posillipo stated that Supt. of Highways Brown requested pennission to attend the New York State Association of Town Superintendents of Highways, Inc., Convention to be held at Grossinger's from September 21st through September 25th, 1976. Up- on motion of Councilman Zaccagnino, seconded by Councilman Mazin, the following resolution was adopted: RESOLVED, that DONALD M. BROWN, Supt. of Highways, be and he hereby is authorized to attend the New York State Association of Town Superintendents of Highways, Inc., Convention, to be held at Grossinger's from September 21st through September 25th, 1976 and that the expenses incurred in attending this Convention, within Document No. 7 Document No. 7 ; I ,.. I ! ,_. I Upon motion of Councilman Be Gioffre• seconded by Coun- cilman Mazin, the following resolution was adopted: WHEREAS, the Town Board of the Town of .Rye, by resolution dated June 18, 1974, did grant its approval for a PUD site plan to LESTER M. ENTIN ASSOCIATES for real property kn.own and designated as Section l, Block 6, Lot 2 A-l; and WER.EAS, in accordance with the Town Zoning Ordinance reg- ulating the Planned Unit Development, adopted June 19, 1973, under Section E 2 (l), the ordinance states: and "OWNERSHIP. The parcel of land for a PUD project may be owned, leased or controlled either by a single person, a corporation, or by a group of individuals or corporations. An application must be filed by the owner, contract vendee or jointly by owners of all property included in a PUD project. In the case of multiple ownership, the approve plan shall be binding on all ewers." WHEREAS, the BER.CO CONTRACTING CORPORATION, 636 McLean Avenue, Yonkers, New York, as contract vendee for the LESTER M. ENTIN ASSOCIATES PUD site, approved on June 18, 1974 has submitted a Contract of Sale which has been exhibited to the Town Attorney for his examination and review; and WHEREAS, it now appears that a Joint application of LESTER. M. ENTIN ASSOCIATES and TBS ENTER.PRISES, INC., partner, to- gether with 'BERCO CONTRACTING CORPORATION, now constitutes an ap- propriate entity to make its ·application to the Town Board for plat and site approval; and WHEREAS, BER.CO CONTRACTING CORPORATION, YONKERS, N&l YORK and LESTER M. ENTIN ASSOCIATES and TBS ENTERPRISES, INC., partner, as submitted a Subdivision Plat Plan under the PUD Zoning Ordinance hich covers the site development and construction plans for the roperty in the Town of Rye kn.own as Section l, Block 6, Lot 2A-l; WHEREAS, the said Subdivision Plat has been prepared by Rotf eld Associates and has been signed by Dolph Rotf eld, Pro- essional Engineer; and GISM:>NDI & ARNOLD, Architects, P.a., and lified-Engineers whose seal will appear on said Plat an.a. approved the Town Engineer; and Document No. 7 2:40 WHEREAS, the said Plat Plan is submitted under the Planned Unit Development Zoning Ordinance of the Town of Rye, which ordinance, by its terms and conditions, requires that final approval be granted by the Town Board of the ·Town of Rye; and WHEREAS, in addition to final approval of the Plat and prior to construction, the Town Board is required to give its approval authorizing the Building Inspector to .issue building pennist. for actual construction of the site; and WHEREAS, tmd.er the rules and requlations covering the submission and final approval of a Subdivision Plat or Planned Unit Development, a Subdivision Bond is required to· be obtained and actually posted with the Town Board which shall include these provisions fixed by the Town Board; and WHEREAS, it has been detennined by the Planning Board and the Town Board that a Subdivision Bond in the amoun.t of Five Hundred Thousand ($500,000.00) Dollars shall be posted with the Town of Rye for the faithful performance of the development of the roads and utilities and assuring completion of the improve- ments in accordance with the approved construction details and specifications for the improvements at the site known a.s Harkness at Rye Town and shown on Sheets 1 through 13 inclusive by Dolph Rotfelt, Professional Engineer, bearing date April 24, 1974, re- ,, vised June ll, 1974 and, in addition, revised June and July, 1976 to meet all standards and specifications of the Plannin.g ·Bc;>ard and Town Board as reconunended July 1976 and the project: to be to the satisfaction of the Town Engineer or any other Engineer se- tec ted by the Town Board; NOW, THEREFORE, BE IT RESOLVED, that the To~ approve the PUD Subdivision Plat which is that site plan contai.ned in . . Pages l through 13 inclusive on map filed with the Building In- spector of the Town of Rye dated April 24, 1974 and rev1sed June 'J1,• ll, 1974, in addition revised June and July, 1976 which has been prepared by Dolph Rotfeld Associates, of 555 White Plains Road, Tarrytown, New York and Gismondi & Arnold, Architects, P.c. and qualified Professional Engineers whose seal will appear on the ~ I I, ~ I I . I Document No. 7 24i August 17,1976 Plat and approved by the Tmm Engineer, subject, however, to all those terms and conditions ·which were adopted by the Town Board relative to the subject property at the Rye Town Board meeting of March 19, 1974 and the letter of the Planning Board, dated August 16, 1976, herein included and it being understood by all parties that those requirements, standards and regulations are a part of and are included in this resolution; and be it further REOOLVED, that a Five Hundred Thousand ($500,000.00) Dollar Subdivision Bon~, which said Bond shall also contain a pro- vision to pay the sum of Twenty-Five Thousand ($25,000.00) Dollars in cash directly to the Town of Rye for engineering and consultants fees, which sum has been computed as five percent of the total bond and which amount shall be paid at the rate of One Thousand ($1,000.) Dollars per month, each and every month, for twenty-five (25) con- secutive months commencing the date the first site improvement per- mit is issued and that the sum shall be paid directly by the princi- pal to the Town of Rye in payment for those engineering and consult- ant services which are deemed necessary by the Town of Rye in the development of the subject property; and be it further RESOLVED, that the Subdivision bond shall, by its terms, clearly state the tenns and conditions which meet the approval of the Town Attorney and shall be a surety acceptable to the Town Board of the Town of Rye; and be it further RESOLVED, that the Bond shall be conditioned upon the following: a. That the Bond shall be reduced by 85 percent upon the completion of all work as sho~vn on Sheets 1 through 13 inclusive and acceptable to the Town Engineer, Town Planning Board, Town Attorney, Town Highway Department and the Town Board. b. The remaining fifteen percent shall be retained for one year from the date the report is approved by the Town Board as in a. above. c. At the termination of the one year, as ref erred in b. above, when all improve.rnents have been com- pleted and accepted, the Bond herein referred to may be terminated by the developer; and be it further RESOLVED, that the Town Building Inspector be and he is hereby authorized to issue building permits on site improvement, Document No. 7August 17, 1976 provided-that there shall be issued simultaneously with the first residential building permit 6r improvement a building permit for the first fifty thousand square feet of off ice building con- struction. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen, Gioffre1 Mazin, Gioffre and Zaccagnino , Nays: None Councilman Mazin stated that he wanted it cle.ar that ~·the construction of the office building should be continued. Supervisor Posillipo stated that the Town Board has the~ final say and that if the builders do not comply with regulations:, the per- mit cari be held up. The following ·letter was received fr.om:Morton Corwin, -· Chainnan of the Rye Town Planning Board: Rye Town Board 10 Pearl Street Port Chester, N. Y. Gentlemen: August 16, 1976 RE: Talcott Woods The Planning Board met with the developer on August 12th and has approved the site plan subject to the following c:on- ditions and recommendations: l. That all matters_pertaining to drainage, including the location and cubic dimensions of the retention pond, should be subject to the approval of the Town Engineer. We recommend that he consult with the Ecology Conunittee on this issue, inasmuch as they have devoted considerable time and attention t<> the issue of runoff in that area. 2. Erosion control. measures that may be needed in the cours~ of construcition should also be subject to the -recommendation of the Town Engineer.: 3. The pond . shall be created before any models arc~ constructed, so that prospective purchasers will have knowledge of it as an existing condition~ 4. The developer will submit, subject to the apprclval of the Planning Board, a means by which the Town 'Will be provided with enforceable limits agairu3t home owners who wish to expand their residence:3. 5. The developer will add five (5) parking indents to the large loop in the Northwest corner of the :3ite which serves ten (10) residences. ! : ~ , I I I --- Document No. 7 7. August 17, 1976 The seventy feet (70') border requirement in relation to residential lots shall apply equally to recreational facilities. The Planning Board reserves the right to require additional perimeter screening. Yours·truly Morton Corwin (signed) Morton Corwin 243~ Chairman, Rye Town Planning Board cc: Mr. Robert Freeman c/o Spring Capital Corpe Post Office Box 413 · Rye, New York -10580 Upon motion of CotmCilman Mazin, seconded by Col.lllCilman D. Gioffre, the following resolution was adopted: WHEREAS, on April 20th, 1976, the Town Board of the Town of Rye adopted a resolution marked EXHIBIT "A",_ as follows: Upon motion of Councilman B. Gioffre, seconded by Councilman D. Gioffre, the following resolution was adopted: WHEREAS, the Spring Capitol Corporation/Rye Concepts, Ltd., has applied by letter dated March 15, 1976, to the Town Board of the Town of Rye for pennission to create a Subdivision known as "Talcott Woods" to be located off Lincoln Avenue, in the Town of Rye; and WHEREAS, the subject parcel consists of 24.75 acres known as Section 1, Block 5, Lot 16B2 and Sec~ion 1, Block SC, Lot 83A on the Tax Map of the Town of Rye; and 'WHEREAS, the application for this Subdivision has been made to the Town Board under Section 281 of ~the Town ·Law whereby the applicant requests a approval of a plat under the cluster zoning concept; and WHEREAS, on March :16th, 1976, the Town Board referred the application to the Rye Town Planning Board for its review and recommend:ations; and WHEREAS, the Rye Town Planning_ Board held its Hearing on April lst, 1976, when the site plan was reviewed and recom- mendati~ns made; and . \-nIEREAS, the Town Board, :in its discretion, has de- termined that the development of the said land in the manner as set forth in Section 281 of the Town Law represents th~most appropriate use of the land and the concept facilitates the development of streets and utilities and the concept preserves the natural and scenic quality of the open lands; and . WHEREAS, it shall be a :require~nt in approving this application that there be an acceptable plan for sewer install- ation, flood retention basin or basins and a proper Bond accept- able to the Town Engineer and the Town Attorney and that all conditions for any engineering ~ees and consultants fees be paid by the developer as required by the Rye Town Subdivision Regu- lations; and Document No. 7 244 and August 17, 1976 WHEREAS, it shall be a requirement in the. granting of permission under Section 281 that the Association Agree- ment for the ownership, use, management or operation of any open land be approved by the Town Attorney; and WHERFAS, it shall be a requirement that the de- veloper donate to the Town of Rye 103 of the subject lands for Park purposes, or, in lieu thereof, an amount i.n cash equal to the aforementioned 103, in accordance with the Subdivision Regulations of the Town of Rye, NOW, THEREFORE, BE IT RESOLVED! that the appli- cation for the said plat as herein described be and. is hereby accepted by the Rye Town Board for detached units, subject to any and all conditions and legends as may be shown on the plat to be approved and signed by the Planning Board and the Town Engineer of the Town of Rye. ROLL CALL: Ayes: Supervisor Posillipo, Council- men Gioffre, Mazin, Gioffre and Z ace agnino Nays: None WHEREAS, subsequent to the passing of said rE~solution and in accordance therewith, the Planning Board made cE~rtain recommendations in a letter dated August 16th, 1976 which reads as follows: Rye Town Board 10 Pearl Street Port Chester, N. Y. Gentlemen: August 16, 1976 RE: Talcott Woods The Planning Board met with the developer on August 12th and has approved the site plan subject to the following conditions and recommendations: 1. That all matters pertaining to drainage, includ .. ing the location and cubic dimensions of the re .. tention pond, should be subject to the approval of the Town Engineer. We recommend that he con- sult with the Ecology Committee on this issu4?.1 inasmuch, as they have devoted considerable time and attention to the issue of runoff in that area. 2. Erosion control measures that may be needed :Ln the course of construction should also be subject to the recommendation of the Town Engineer. 3. The pond shall be created before any models are constructed, so that prospective purchasers will have knowledge of it as an existing condition. 4. The developer will submit, subject to the approval of the Planning Board, a means by which the 'fown will be provided with enforceable limits against home owners who wish to expand their residences. Document No. 7 August 17, 1976 s. The developer will add five (5) parking indents to the large loop in the northwest corner of the site which serves ten (10) residences. 6. The seventy feet (70') border requirement in re- lation to residential lots shall apply equally to recreational facilities. 7. The Planning Board reserves the right to require additional perimeter screening. cc: Mr. Robert Freeman c/o Spring Capital Corp. Post Office Box 413 Rye, New York -· 10580 Yours truly, Morton Corwin (signed) Morton Corwin, Chairman Rye Town Planning Board and all of which are now incorporated into the plat which has been approved; NOW, THEREFORE, BE IT RESOLVED, that. the plat entitled "TALCOTI' WOODS" as submitted to the Planning Bo·ard and now fully approved by the Planning Board be accepted by the Town of Rye; and be it further RESOLVED, that the resolution of April 20, 1976 be furthet amended to provide for engineering fees of five (53) percent of whatever the site improvements costs shall be including but not limited to the installation of all utilities and roads that are re- quired to meet the sulxlivision regulations of the Town of Rye, to be paid in eqtial monthly installmentse ROIL CALL: Ayes : Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None Upon motion of Councilman Mazin, seconded by Councilman B. Gioffre, the fol~owing resolution _was adopted: WHEREl\S, Giorgi Holding Co., Inc., B:nd Joseph L. Giorgi, Julius Giorgi, Philip Giorgi and Madelin~ Giorgi are principals Ull:der a Bond issued by Continental Nati~nal American Group No. 223- 85-68 in the amount of $65,000.00 S~bdivision and $9,750.00 main- tenance and the Obligee is .the Town of Rye; a:nd WHEREAS, the said Bond covers performance.for the in- stallation and maintenance of certain public i.uq>ro~ments, includ- Document No. 7Z46 August 17, 1976 ing but limited to sewers, roads, curbing and other appurtenances; and WHEREAS, the Town Enginee~, the Town Superintendent of Highways, the Planning Board and the Town Attorney have all agreed that after an inspection of the premises, _the imp-rovements have been installed in accordance with all the Subdivision Regu- lations of the Town of Rye; and WHEREAS, under the Subdivision Regulations of the Town of Rye a Deed of. Dedication has been offered for record.ing for said roads, utilities and improvements; NOW, 'IHEREFORE, BE IT RESOLVED, that the Town. Board authorize the Town Attorney to accept the Deed of Dedic.ation, subject to his approval of same; and be it further RESOLVED, that the principals under the said Bond, as above referred to, be permitted to reduc·e the Bond by E~ighty-five (853) percent and the principals be permitted to so inform the surety; and be it further RESOLVED, that the principals be authorized 1:o make further application to the Town Engineer for the furthE~r re- duction of another fifteen (153) percent of the said Bc>nd after "Nhich the Bond will be fully performed and the principals be fully relieved of all obligations to the Surety. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre1 Mazin, Gioffre and Zaccagnino . Nays :. None Councilman Mazin presented the following boncl reso- lution and moved its adoption: BOND RESOLUTION, DATED AUGUST 17, 1976, AU~I'HOR IZING THE ISSUANCE OF $14,250.00 SERIAL OONDS OH' THE !!'OWN OF RYE, IN '!HE COUNTY OF WES'roHEST~, PURSUANT 'IO THE U>CAL FINANCE LAW 'ID FINANCE THE EMBELLISHMENT OF CRAWFORD PARK. BE IT RESOLVED, by the Town Board of the Tow11 of Rye, ·in the Cotmty of Westchester, as follqws: Section 1. The Town of Rye, in the County of: West- chester, shall issue its Serial Bonds of the aggregate principal · amount of $14,250.00 pursuant to the Local Finance Law of New ~ I ~ I Document No. 7 247 York, in order to finance the specific object or purpose herein- after described. Section 2. The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Bonds is the embellishment of Craw:Eord Park, a public park of the Town of Rye. Section 3. It is hereby stated that (a) the maximum cost I of such object or purpose is $15,ooo.oo, and (b) no money has here- tofore been authorized to be applied to the payment of the cost of said object or purpose, except (c) current funds amounting to $750.00 will be provided for the financing of such object or pur- pose by a budgetary appropriation and (d) the Town Board plans to finance the cost to the Town of said object or purpose entirely from funds raised by the issuance of said Serial Bonds and from said current funds. Section 4. It is hereby detennined that said purpose is an object or purpose described in Subdivision 19 of Paragraph a of Section 11.00 of said U>cal Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years. Section s. It is hereby detennined that the proposed maturity of the obligations authorized by this resolution will be in excess of five years. Section 6. Subject to the terms and conditions of this resolution and of the Local Finance Law, and pursuant to the pro- visions of Section 30.00, so.oo and 56.00 to 60.00, inclusive, of said Law, the power to authorize bond anticipation notes in antici- pation of the issuance of the Serial Bonds authorized by this reso- lution and the renewal of said notes and the power to prescribe the tenns, form and contents of said Serial Bonds and said bond antici- pation notes, and the power to sell and deliver said Serial Bonds and any Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is here- by authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation Document No. 7 of the issuance of said Serial Bonds, and the Town Clex·k is hereby authorized to affix the corporate seal of ,said 'l'own to · any of said Serial Bonds or any bond anticipation notes and to attest such seal. Each interest coupon .representing in.terest payable on such Serial Bonds shall be authenticated by the f ac- simile signature of the Town Super\r.isor. Section 7. When this resolution shall have t:aken ef- -feet in a manner provided by law, it shall be published. in full by the Town Clerk of said Town, together with a notice in sub- stantially the form prescribed by Section .81.00 of said. Local ·Finance Law, and such publication shall be in The Daily Item, a newspaper published and having a general circulation in. said Town The validity of said Serial Bonds or of any bond anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an ob- ject or purpose for which said Town is not authorized to expend money or the provisions of law which should be complied:with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication or if said obligations are authorized in violation of the Constitution of New York. Section s. This resolution is subject to a permissive referendum and shall take. effect at the time and in the manner prescribed by Article VII of the Town Law •. The ~ation having been duly seconded, it was .adopted by -~ the following vote: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None Supervisor Posillipo reported receipt of threie (3) bids for the purchase of the foregoing Bond Anticipation Note as follows: Bank of New York Barclay's Bank National Bank of Westchester --- 5.453 s.s03 6.153. ~ I I I , Document No. 7 Upon ~otion of Councilman B. Gioffre, seconded by Coun- ci~n Zaccagnino, the following resolution was adopted: RESOLVED, that the offer of The Bank of New York to pur- chase the Bond Anticipation Note to finance ~he embellishment of _Crawford Park, in the am~unt of $14,2so.oo, to be dated Augm t 20th~ 1976 and maturing on Au~t 20th, 1~77 and_to be numbered 768, at . . . .. ' ~n interest rate of 5.453 per annum, be and it hereby i~ accepted. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagninc Nays: None Councilman Zaccagnino presented the following bond reso- lution and moved its adoption: BOND RESOLUTION, DATED AUGUST 17, 1976, AUTHOR- IZING THE ISSUANCE OF $11,400.00 SERIAL BONDS OF THE TOWN OF RYE, IN 1HE COUNTY OF WESTCHESTER, PURSUANT 'ID THE IDCAL FINANCE LAW m FINANCE THE EMBELLISH- MENT OF PUBLIC PARKS OF THE TOWN OF RYE~ BE IT RESOLVED, by the Town Board of the Town of Rye, in the County of Westchester, as follows: Section l. The Town of Rye, in the County of Westchester, shall issue its Serial Bonds of the aggregate principal amount of $11,400.00 pursuant to the Local Finance Law of New York, in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to as ''pu'rpose'') to be financed by the issuance of such bonds is the embellishment of public parks of' the Town of Rye. Section 3. It is hereby stated that (a) the maximum cost of such object or purpose is $12,000.00, and (b) no money has here- tofore been authorized to be applied to the payment of the cost of said· object or purpose, except (c) current funds amounting to $600.00 will be provided ·for the financing of such object or pur• pose by a budgetary appropriation and (d) the Town Board plans to finance the cost to the Town of said object or purpose entirely from funds raised by the issuance of said Serial Bonds and from said cur- rent funds. Section 4. It is hereby determined that said purpose is an object or purpose described in Subdivision 19 of Paragraph a of Section ll.00 of said Local Finance Law,· and that the period of probable usefulness of said purpose is fifteen (lS) years. Document No. 7 Sectiont5e · It-is hereby determined. tha the proposed maturity= of the obligations authorized-by this.resolution will be ~ in excess of five (5) years. Section 6~ Subject to the terms and conditio:ns of this resolution and of thetLooal Finance Law, and pursuant to the pro- visions of Section 30.00, 50.00.and 56.00 to 60~00, inclusive, of • said Law, the power· to authorize bond anticipation note:s in ant- icipati~n of the issuance of the Serial Bonds authorized by this resolution and the renewal of said notes and the power to pre- scribe the terms, fonn and contenst of said Serial Bond:~ and said bond anticipation notes, and the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in a.~tici- :,"':. ·-~ .. -/ pation of the issuance of ,.such bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any Serial Bond.~i issued pursuant to this resolution and any bond anticipation nc>tes issued in anticipation of the issuance of said Serial Bcmds, and the Town Clerk is hereby authorized to affix the corporate seal of said Town to any of said Serial Bonds or any bond an1:icipation l notes and to attest such seal. Each interest coupon representing -interest payable on such Serial Bonds shall be authenticated. by the facsimile signature of the Town Supervisor. Section 7. When this resolution shall have taken ef- fect in a manner provided. by law, it shall be published in full by the Town Clerk of said Town, together with a notice i.n sub- . . stantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in The Daily Item, a newspaper published and having a general circulation in said Town. The validity of said Serial Bonds or of a~y bond anticipa- tion notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money or the provisions of law which should be complied with at the date of publication of this resolution are not sub~ stantially complied with, and an action, suit or proceeding con- ~ \ I 1 ! ~ I ! Document No. 7 ~ I I 2 ~1·· i>· ·. testing such validity is commenced within twe~ty days after the date of such publication or if sai~ obligations are authorized in violation of the Constituion of New York. Section a. This resolution is subject to a permissive referendum and shall take effect.at the time and in the manner pre- scribed by Article VII of the Town La.we The motion having been duly seconded, it was adopted by the following vote: Ayes: Supervisor. Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None Supervisor Posillipo reported receipt of three (3) for the purchase of the foregoing Bond Anticipation Note as.follows: -Bank of New York Bare lay' s Bank National Bank of Westchester - 5.453 5.503 6.153. Upon motion of Councilman B. Gioffre, seconded by Council- man Zaccagnino, the following resolution was adopted: RESOLVFD, that the offer of The Bank of New York to pur- chase the Bond Anticipation No~e to finance the embellishment of public parks of the Town of Rye, in the amount of $ll,4oo.oo, to be dated August 20th, 1976 and maturing on August 20th, 1977 and to be numbered 769, at an interest rate of 4.453 per annum, be and it hereby is accepted. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, ,Gioffre and Zaccagnino Nays: None Counc.i~ Zaccag;nino pres~nted t~e following bond reso- lu.tion and moved its adoption: BOND_RESOLUTION, DATED AUGUST 17, 1976, AUTHOR· IZING THE ISSUANCE OF $86,450.00 SERIAL BJNDS OF '!HE ~· TOWN OF RYE, IN THE COUNTY OF WES'ICHESTER, PURSUANT ID THE LOCAL FINANCE LAW 'ID FINANCE THE RESURFACING AND REXJONSTRUCTION OF lt>WN HIGHWAYS. BE IT RESOLVED, by the Town Board of the Town of Rye, in the County of Westchester, as follows: Section l. The Town of Rye, in the County of Westchester, SQ~ll issue its Se~ial Bonds of the aggregate principal 8:1Ilount of $86~,450.00 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes hereinafter described. Document No. 7 252 Section 2. The class of objects or purposes (herein- after referred to as "purpose") to be finance by the iss:uance of such bonds is the resurfacing and reconstruction of Town. highways including reconstruction of sidewalks, curbs,., gutters and drain- .. age and costs incidental thereto. The pavement shall have a period of probable usefulness of fifteen years as detennined by the Local Finance Law. Section 3. It is hereby stated that (a) the maximwn cost of :such object or purpose is $91,000.00 and (b) no money has heretofore been authorized to be applied to the payment of the cost of said object or purpose, except (c) current fundf; amountin to $4,sso.oo will be provided for the financing of such object or purpose by a budgetary appropriation and (d) the Town Be>ard plans to finance the .cost to the Town of said object or purpof~e entire- ly from funds raised by the issuance of said Serial Bonds and fro said current funds. Section 4. It is hereby determined that said purpose is an object or purpose described in Subdivision 20 of Paragraph a of Section ll.00 of said Local Finance Law, and that the pc~riod of . . probable usefulness of said purpose is fifteen (15) yeaJ:.'s. Section So It is hereby determined that the proposed maturity of the obligations authorized by this resolutic>n will be in excess of five (5) years. Section 6 •. Subject to the terms and conditiou.s of this resolution and of the Local Finance Law, and pursuant t•:> the pro- 'Visions of Section 30.·oo, so.co and 56.00 to 60.00, inclusive, of said Law, the pwoer to authorize bond anticipation note:s in ant- icipation of the issuance of the Serial Bonds authorized by this resolution and the renewal of said notes and the power to pre- scribe the tenilS, form and contents of said Serial Bond:s and said Bond Anticipation Notes, and the power to. sell and deli~\1'er said Serial Bonds and any bond anticipatin notes issued in anticipation of the issuance of such bonds is hereby delegated to the Town su- pervisor, the Chief Fiscal Officer of the Towno The Town Super- visor is .hereby authorized to sign any Serial Bonds iss"Ued pur- ~ I I 1 Document No. 7 ~ i suant to this resolution and any bond anticip~tion notes issued in anticipation of the issuance of said Serial Bonds, and the Town qle~k is hereby authorized to affix the corporate seal of said Town ' . to any of said Serial Bonds or any bond anticipation notes and to attest such sea~. Each interest coupon r~presenting interest pay- able on such Serial Bonds shall be authenticated by the facsimile signature of the Town Supervisor. Section 7. When this resolution shall have taken effect in a manner provided by law, it shal~ be published in full by the To'WI:;\ Clerk of said Town, together with a notice in substantially the form prescribed by Section 81.00 of said.Local Finance Law, and • !I • .. such publication shall be in ~e Daily ~tern, a newspaper published and having a general circulation in said Town. The validity of said Serial Bonds or of any bond anticipation notes issued in ant- icipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is conmenced within twenty days after the date of such publication; or if said obliga- t1ons ·are authorized in violation of the Constitution of New York. · Section s. This resolution is subject to a permissive referendum and~ shall take effect at the time and in the manner pre- .. scribed by Articel VII of the Town Law. The motion having been duly seconded, it was adopted by the following vote: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None Supervisor Posillipo reported receipt of three (3) bids . . . for the purchase of the foregoing Bond Anticipation Note as follows: Bank of New York Barclay's Bank National Bank of Westchester --s.453 5.503 6.153. Upon motion of.Councilman B. Gioffre, seco~ded by Council- man Zaccagnino, the following resolution was adopted: Document No. 7 RESOLVED, that the offer of The Bank of New Y•:>rk to purchase the Bond Anticipation Note to finance the resurfacing and reconstruction of Town Highways in the amount of $86,450.00, to be dated August 20th, 1976 and maturing on August 20th, 1977 ,. and to be numbered 770, at an interest rate of 4.453 pe·r annum, be and it hereby is accepted. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre1 Mazin, Gioffre and Zaccagnino . Nays: None On the matter of appointing members to the CATV Ad- visory Committee, it was, upon .motion of Councilman D. Gioffre, seconded by Councilman B. Gioffre, voted to name the following persons to the Committee: Sol Zatt, Chairman 33 Mohegan Lane Stanley Zak 13 Jennifer Lane Alf red Florio Hillandale Road Martin Eisenstadt 49 Mohegan Lane Gene Reich Winthrop Drive Harold Fogel 201 Country Ridge Circle Leslie Zucker 204 Country Ridge Drive Peter Keane 2 Ho:rtseshoe Lane Mario Narcli 11 Maywood Avenue Frank Ali.mena Rye Ridge Plazae Supervisor Posillipo stated that when additional names are sub- mitted by the other municipalities and school districts, a meet- ing will be called, probably sometime in September. Councilman D. Gioffre objected to non-residentes serving on this conunittee. Councilman B. Gioffre agreed. On the matter of the Real Property Tax Law, providing for partial tax exemption for conunercial and industrial. struct- ' ' ures, it was, upon motion of Councilman Zaccagnino, seconded by Councilman Mazin, voted to hold a Public Hearing on September 14th, 1976, at 8:00 P.M., at the Town Rooms, 10 Pearl Street, Port Chester, New York and the Town Clerk was instructed to pub- lish the necessary public· notice calling for said h~ari.ng. Su- pervisor Posillipo stated"· that the Town of Rye is look to broaden the tax base, not to reduce"the tax base. ~ i i ~ ! i Document No. 7 Supervisor Posillipo reported that Hurricane Belle did quite a bit of damage, primarily to trees in the unincorporated area. The Highway Department with a small crew, together with the young boys hired for the Summer, did an excellent job in cleaning up this mess. He stated that Carlucci Sanitation was hired to assist in the cleanup. Councilman D. Gioffre inquired about the status of action of the Soil Conservation Service. Supervisor Po- sillipo stated that the Soil Conservation Service is working on it, that plans were being drawn up and then the State would ask for bids on this work. He further stated t hat he had already contacted the Town of Harrison at the request of people living along the Brook who own property in the Town of Harrison. Councilman D. Gioffre inquired about the status of the SUNY parking lot. Engineer Fidelibus stated that there had been no action yet -there had been a Teamster's strike and an Operator's strike. Supervisor Posillipo informed the Board that a meeting of the County Water Agency, to discuss water supply in Southeast County area, would be held at Rye City Hall on September 8th, 1976, at 8:00 P.M. On the matter of the proposal to purchase electricity through the New York State Power Authority, Supervisor Posillipo stated that he had answered a questionaire sent to him and that the Town Board has agreed to work through the County in going after Con- solidated Edison. He further stated that the Coun ty is endeavoring to get a source of power through .the New York State Power Authority and that Con Edison's transmission lines should be used. On the matter of the amendment to Public Officer's Law, in relation to open meetings of public bodies, the effective date being January 1st, 1977, Supervisor Posillipo stated that there is no problem here since all decisions are made in open session. There being no further business, the meeting adjourned at 9:00 P.M. I Attachment B, Document No. 8 Minutes of Town Board meeting, January 3, 1977 See pages 9 through 14. The date is marked on the side tab. Document No. 8 Document No. 8 development of the business portion by Lester B. Entin Associates and the T.B.S. Enterprises, Inc. Upon motion of Councilman Zaccagnino, seconded by Coun-1 oilman D. Gioffre, the following resolution was adopted: WHEREAS, this Town Board wishes to clarify and amplify ' ' its resolution of August 17, 1976 and particularly to exercise its i J discretion under Section 66-7, E(2)(d) dealing with ~ermitted Uses;. I WHEREAS, the Town Board of the Town of Rye, by resolutio~ I dated September 18, 197 3, did approve and accept for filing a PUD ' site plan submitted by Lester M. Entin Associates for construction i on real property known as Section 1, Block 6, Lot 2-A-l; and i WHEREAS, the Town Board of the Town of Rye, by resolution dated June 18, 1974, did approve and accept a Subdivision Plat Plan submitted by Lester M. Entin Associates which covers site develop-' ment and construction plans for the said property; and WHEREAS·, in accordance w·l th the Town Zoning Ordinance regulating the Planned Unit Development District, adopted June 19, 1973, under Section 66-7, E(2)(b) the ordinance states: and "OWNERSHIP: The parcel of land for a_PUD project may be owned, leased or controlled either by a sin~le person, a corporation, or by a group of individuals or corporations. An application must be filed by the owner, Contract Vendee or jointly by owners of all property included in a PUO pro- ject. In the case of multiple ownership, the ap- proved plan shall be binding on all owners.11 WHEREAS, Berco Contracting Gorp., of 636 McLean Avenue Yonkers, New York, as Contract Vendee for that portion of the Lester M. Entin Associates PUD site approved June 18, 1974 which is zoned for Residentiai construction has submitted a contract of sale! which has been examined and reviewed by the Town Attorney; and WHEREAS, such separate ownership and development by Berco Contracting Corp., of that separate portion of the PUO site zoned for Residential construction, without any ownership by Berco Contracting Corp., of any part of the PUD site zoned for profes- sional or business office use, it is permissible under the PUD or- dinance, specifically that portion quoted above Section 66-7, E(2) (b); and the residential portion and business portion, re- Document No. 8 , .. ,. 11 spectively, of the PUD site may be developed by separate owners; and Berco Contracting Corp., may develop that portion zoned for residental construction without reference to the progress of the de- v~lopment of the business portion; and WllER.EAS, Berco Contracting Corp., has submitted .a revised Subdivision Site Plan under the PUD zoning ordinance which covers site development and construction plans for that portion of the PUD site zoned for residential construction in the Town of Rye known as Section l, Block 6, Part of Lot 2-A-l; and vffiEREAS, the said Subdivision Site Plan has been prepared by Gismondi & Arnold, Architects, P.C., and has been signed by Michael Gismondi, Licensed Arthitect; and VnIEREAS, a Subdivision Pl.at Plan will be submitted by Berco Contracting Corp., for signature of the Chairman of the Plan- ning Board; and WHEREAS, the said Subdivision Plat Plan is being pre- pared by Dolph Rotf eld Associates and is to be signed by Dolph Rot- f eld, Professional Engineer, whose seal will appear on said Plat Plan and will be submitted for approval by the Town Engineer; and . ~,\ ~ K; ~~:-Ge ~ lliJ ~':·: ::~:. ~'.~~ fd ~ .. ~-t r: '~-; 1r WHEREAS, the said site plan is submitted under the Planned ~· Unit Development Zoning Ordinance of the Tomof Rye, which ordinance, by its terms and conditions, requires that final approval be granted b~ the Town Board of the Town of Rye; and WHEREAS, in addition to final approval of the Site Plan and prior to construction, the Town Board is required to give its approval authorizing the Building Inspector to issue building per- mits for actual construction of the site; and WHEREAS, under the rules and regulations covering the sub- mission and final approval of a Subdivision Site Plan or Planned Unit Development, a Subdivision Bond is required to be obtained and actually posted with the Town Board which shall include those pro- ~ I: '. i ·< visions fixed by the Town Board; and 1 , WHEREAS, it has been determined by the Planning Board and . , the Town Board that a Subdivision Bond in the amount of Five Hun- dred Thousand ($500,000.00 Dollars shall be posi?ed;.Wfb~ the Town of Document No. 8 12 Rye for the faithful performance of the development of the roads and utilities to be submitted to theTown Engineer of the Town of Rye, and assuring completion of the improvement in accordance with the approved construction details and specifications for the im- provements at the site known as King's Walk at Rye Town and shown on Sheets l through 13 inclusive by Dolph Rotfeld, Professional Engineer, bearing date April 24, 1974, revised June 11, 1974, and in addition revised June and July 1976, and which will be further revised by Dolph Rotfeld to meet all standards and specifications by the Planning Board and Town Board as reconnnended July, 1976, and theproject to be to the satisfaction of the Town Engineer or any other Engineer selected by the Town Board. ·.· NOW, THEREFORE, BE IT RESOLVED, that the Town approve ~:_;,~ .... ~ ...... ~ __ t;-.·, :;.~ .. :: ~~-~ .. ~ ..• ~ .... the PUD Subdivision Site Plan incorporated herein by reference which is that site plan contained on Sheet 2 of the 6 pages of I I I l i I plans filed by Berco Contracting Corp., with the Building Inspect-j or of the Town of Rye dated May 14, 1976, in addition revised Julyi 26, 1976, December 2, 1976 and December 28, 1976, which has been ! I prepared by Gismondi & Arnold, Architects, P.C., of 235 Mamaroneck I Avenue, White Plains, New York, whose seal does appear on the Site I I Plan, subject, however, to approval by the Town Engineer of final I road and utility plans and subject to all those terms and con-j ditions which were adopted by the Town Board relative to the sub-1 I ject property at the Rye '.llbwn Board meeting of March 19, 197 4 as modified in this resolution and the letter of the Planning Board I dated August 16, 1976, herein included and it being understood by I all parties that those requirements, standards and regulations are! I a part of and are included in this resolution; and be it further J . I RESOLVED, that a Five Rltndred-.1Thousand ($500,000.00 Dol-1 lar Su~d~vision Bond be posted, which ~aid Bond shall also contaill I a provision to pay the sum of Twenty-Five Thousand ($25,000.00) ! Dollars in cash directly to the Tolm. of Rye for engineering and I consultant's fees, which sum has been computed as five percent of l I the total bond and which amount shall be paid at the rate of One Thousand ($1,000.00) Dollars per month, each and every month, for i i I \ Document No. 8 I ~ I t. I I· i i i I I [ I i l r i' l f ' I ! r ' l l I I I f 13 twenty-five (25) consecutive months commencing the date the first site improvement permit is issued and that the sum shall be paid ~irectly by the principal to the Town of Rye in payment for those engineering and consultant services which are deemed necessary by the Town of Rye in the deyelopment of the subject property; and be it further RESOLVED, that the Subdivision Bond shall, by its terms, clearly state the tenns and conditions which meet the approval of the Town Attorney and Town Engineer and shall be a surety acceptabl1 to the Toim Board of the Town of Rye; and be it further RESOLVED, that the bond shall be conditioned upon the following: A. That the Bond shall be reduced by 85 percent upon the completion of all work as shown on Sheets l through 13 inclusive as they will be modified and acceptable to the Town Engineer, Town Planning Board, Town Attorney, Town Highway Department and the Town Board. B. The remaining fifteen percent shall be retained for one year from the date the report is approved by the Town Board as in A. above. C. At the termination of the one year, as referred in B. above, when all improvements have been com- pleted' and accepted, the Bond herein referred to may be terminated by the Developer; and be it further RESOLVED, that the Town Building Inspector be, and he hereby is, auth?rized to issue building permits for site improvement and for dwelling units and appurtenant structures to Berco Contract· ing Corp., and simultaneously therewith issue to Lester M. Entin Associates and T.B.S. Enterprises, Inc., Partners, a building permit for the first fifty thousand square feet of office building con- struction; and be it further RESOLVED, that as a condition precedent to this resolutior that Lester M. Entin Associates and T.B.S. Enterprises, Inc., Part- ners, are directed to apply for and actually obtain a building per- mit for the first fifty thousand square feet of office building on the business portion of the site simultaneously with the issuance of building permits for site improvements and dwell.ing units and ap- purtenant structures on the residential portion of the site; and be it further Document No. 8 1.'i: RESOLVED, that after the construction of the binder course of paving of the access road from King Street to the resi- dential portion of the PUD site, the development of the residen- tial portion of the PUD site by Berco Contracting Corp., as sep- arate owner of such portion of the site, may proceed without reference to the progress of the development of the business portion by Lester M. Entin Associates and T. B. s. Enterprises, Inc.I ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Gioffre and Zaccagnino Nays: None There being no further business, the meeting adjourned at 8:20 P .M. I Attachment B, Document No. 9 Minutes of Rye Town Planning Board meeting, June 27, 1979 Document No. 9 ' • MINUTE S OF MEETING RYE TOWN PLANNING BO AR D TOWN OF RYE 10 PEARL STREET PORT CHESl ER, NEW YORK JUNE 2 7, 19 79 PRESENT: Messrs. Corwin, Adler, Herbst, Lattanzio, Malin, Repaci and Rogers ; and Consultant Lipman. The meeting was concerned solely with the application of Atrium Associates for an office building development adjoining the Arbors on the former Harkne ss site . An opening statement was made by Ms . Margaret Baine on behalf of the Office Building Committee of the Arbors Homeowners Association and the text of the statement accompies these minutes . The Chairman announced that the Board would con fi ne itself to the issue of density, i.e ., the size of the b uilding, with a particular emphasis on traffic considerations . Also, he stated that it was the Board's position that the F.A .R. for the building was to be corn- putedon the basis of twenty-four (24) acres, as the six (6) acre credit accruing to the original parcel had not yet been utilized . Howard Reynolds o f Frederick P . Clark Associates gave his evaluation of the applicant's traffic report which had been prepar ed by Storch Associates. Reynolds questioned some of the Storch volume figures and offered his opinion based on personal observation that the peak hour for evening traffic on King Street, in the vicinity of the Glenville Road intersection, was between 4:45 P .M. and 5 :45 P.M. During that hour, the traffic volume of northbound cars is approxi- mately 800 to 900 . If that volume were to reach 1200 to 1300, Reynolds feels that there would be a substantial jam-up in the vicinity of the Hutchinson River Parkway interchange . Philip Cimino of Storch Associates stated in reply that most of the Atrium office traffic would exit before the peak hour , and that if it did not, the 1200 to 1300 cars would not have as serious an impact as stated by Mr. Reynolds. The Chairman recommended that in addition to the approximately 151 ,000 square feet permitted by the F .A.R. of .145 that some credits be added to the building. The proposed building would not have a basement area containing machine rooms and storage areas, and so it was sug- gested that a bonus of 7~% be added to the 151,000 plus square feet. Also, the developer would not be charged for two interior Atrium areas comprising approximately 4000 square feet each. It was also suggested that the developer be allowed a modest sized area on the ground floor for a cafeteria type facility which would reduce auto trips to and Document No. 9 • • MINUTES OF MEETING Page 2. June 27, 1979 from the building. The developer then stated that an approximately 163,000 plus square foot building would be a little less than would be practical for development and that he required a minimum of 175,000 square feet to j ustify the proj ect. When put to a vote, the Board voted four to three to recommend a 175,000 square foot building . Rogers, Repaci , Lattanzi o and Malin voted yes. Herbst , Corwin and Adler voted no . The Chairman stated that, at this time, site plan approval is strictly preliminary and that future site plan approval will be predicated on greater detail and subject to the engineering studies being conducted by Bibbo Associates. Respectf ully submitted, Attachment B, Document No. 10 Minutes of Town Board meeting, October 4, 1979 Document No. 10 SPECIAL MEETING HELD OCTOBER 4, 1979 A special meeting of the Town Board of the Town of Rye was held at the Town Rooms, 10 Pearl Street, Port Chester, -. New York, on Thursday, October 4, 1979, at 5:00 P.M. PRESENT: ABSENT: Supervisor Posillipo, Councilmen Gioffre, Zaccagnino and Gioffre and Town Clerk Zuccaro Also pres~nt:.were: Town Attorney Berner, Building Inspector-Engineer Fidelibus and Assessor Rollo Councilman Lerner Supervisor Posillipo stated that the purpose of the meeting was to discuss an application sent by Atrium Associates to construct an off ice building on the former Harkness property and to review the site plan. He further stated that many meet- ings had been held with the Developer and residents of the area, and the Planning Board, in a 4-3 yote, voted that Atrium Associates be granted permission from the Town Board to erect an office building on two floors containing 175,000 square feet of rental space. This matter was referred to the Town Board and, after listening to residents who were present, the Town Board decided to stay within the confines of the P.U.D. zoning as written which would permit 163,000 square feet of rental space. Since that time, meetings with the residents and the De- veloper were held in the hope to solve this matter. The Town Bo rd wants to do what is right for the residents and for the Town. Now, er have reached the point to review the preliminary site plan as approved by the Pla.i:ining Board. The following report was received from the Planning Board: The Board reviewed the site plan of Atrium Associates. The Board voted unanimously to approve the plan, including Atrium's initial requirement of 627 parking spaces with provision for expansion to.·a·inaximum of 899 spaces. The Board appended the following conditions to its approval: 1. That Atrium take all necessary steps to prevent excess runoff from its site durlng construction. Detailed instructions along these lines, in- cluding possible ·initial work on the retention pond area, would be shortly forthcoming from Bibbo Associates. 2. That Atrium designates an area on the site itself for the parking of its own construction personnel and not allow.t~eir parking to ~ap over on to Arbor Drive or ,King Street or· any other off-site area. -----···------------------·-·---· -------------·· Document No. 10 ,., I ..... i ' 3. That the Board expected to receive within two months a detailed landscape plan, indicating the applicant's design and method for preserving trees 1 perimeter screening, etc., and that the Board s approval of the site plan was given in order to allow Atrium to begin its foundation work before the cold weather made it impracti- cable. 4. That Atrium, commence immediately to implement its obligations to secure a traffic light for the intersection at Arbor Drive and King Street, which signal should be coordinated with the one at the intersection of Glenville Road and King Street. 5. That Atrium build a te!llJ>ora~ (later permanent) fence to separate the bicycle path on the easterly side of the property from the construction site. The following report was received from Bibbo Associates: Town Board Town of Rye Town Hall 10 Pearl Street Port Chester, N. Y. -10573 September 24, 1979 Attn: Mr. Anthony Posillipo, Supervisor Re: Atrium Assoc. Gentlemen: We have reviewed a Site Development Plan pre- pared by Storch Engineers, hearing revision 14, dated September 10, 1979. This plan has been revised to show a reduction in the building size. We are satisfied that all aspects of the drainage system remain the same as in the previous sub- mission and we interpose no objection to this plan. Very truly yours, Leonard J. Bibbo, P.E. (signed) LJB:pat Leonard J. Bibbo, P.E. The following report was received from Frederick P. Clark Associates, Consultants: Rye Town Board 10 Pearl Street Port Chester, N. Y. -10573 October 4, 1979 Subject: Atrium Associates Proposed Office Building Gentlemen: As requested, I have re~iewed the revised site plan for Atrium Associates' proposed office building. I now have a site development plan prepared by Storch Engineers, dated revised September 10, 1979. Document No. 10 The only change shown from previous site plans is the re- duction of the building itself. It now measures 163,000 square feet and is set back approximat ely 20 feet further fro Arbor Drive on the south and the Arbors Condominiums on the west. All other aspects of the site plan remain the same and thus most of the comments I made in previous reports on the site plan (June 13, June 25, July 31 and September 21, 1979) still apply. My major point in previous reports was that the site plan was not sufficiently complete and detailed. The following matters should be addressed: 1. 2. 3. 4. 5. 6. 7. There are far too many parking sapces shown. This plan appears to show 627 spaces to be built immediately with provision for 188 spaces to be built in the future, for a total of 815 spaces. In my opinion, 627 spaces is entirely adequate for initial occupancy. Very few, if any, of the additional spaces will ever be needed. The Zoning Ordinance does, however, require 800 spaces: Therefore, I recommend that at least 800 spaces be shown on the site plan, but that only 627 be built until it is clearly demonstrated at some future date, that more are needed. Existing trees should be preserved wherever possible. The site plan should show all trees over eight inches in diameter and should indicate whether each will be preserved or removed. Even where fill is to be added to create the parking area, existing worthwhile trees can be maintained in tree wells. Since the applicant has previously demonstrated that 892 parking spaces can be located o; the site, it should be a simple matter to locate 627 spaces while maintaining many of the exist- ing trees. Some attitional landscaping may be necessary on the weste rn border of the property, as required by the Zon- ing Ordinance. Showing the existing vegetation will aid your Board in determining how nruch (if any) ad- ditional landscaping is needed there. It is indicated that parking spaces will measure 9 feet by 18 feet, with a 24 foot wide aisle. I agree with these dimensions for the purpose of marking the spaces on the pavement. However, the site plan should state that the spaces have an area of 175 square feet, as required by the Zoning Ordinance. Compact car spaces should be marked 8 feet by 15 feet, with a 20 foot aisle. This site plan shows compact spaces 7~ feet wide, but with a 30 foot aisle. With such a wide aisle I have no objection to a slightly narrower space, but I do not recommend it. No details have been yet been provided on the proposed lighting. As pointed out by Leona r d Bibbo, a f ence of some sort should be provided between the bicycle pa th and the pond. In summary, I recommend that a ll of the above matters be addressed on a detailed site plan. John Kirkpatrick (signed) JK:lp John Kirkpatrick c c: Leonard Bibbo Morton Corwin Document No. 10 ~ i . r i I I Mr. William Achenbaum, of Atrium Associates, stated that the site plan had been submitted to the Planning Board with com- promises on several items; that he was willing to go along with building 627 parking spaces and no more than 850 spaces in the future::.and other items will be covered under the final landscaping plan. He further stated that he will attempt to save as many trees as possible. Supervisor Posillipo stated that the Building Dept., and the Planning Department will review the landscape site plan. Mr. Richard Kraus, a resident of the Arbors, stated that the landscape plan will be submitted and .approved, but asked if there would be another public hearing? Supervisor Posillipo statea that another public hearing would not be necessary. Mr. Robert Goodman, a resident of the 4rbors, questioned the fact that there I I was only one means of ingress and egress and whether or not an im- pact statement study was necessary. Supervisor Posillipo stated that this was approved in 1973 when a permit was originally issued and that an impact s~udy was not required. Mr. Goodman inquired if there was any way to have another exit. Supervisor Pos-illipo stated that the traffic study had been made by experts. A woman resident of the Arbors stated that the two traffic reports made sometime ago had widelr divergent opinions. Town Engineer Fidelibus stated that one of the studies stated that a traffic signal was. not necessary. Councilman D. Gioffre asked why the State held off in giving a traffic light at that area. Super- visor Posillipo stated that, hopefully, ~th our representatives we can get some action. Councilman D. Gioffre stated that the traffic on King Street was very bad and that it was the Town Board's duty to take a stronger look into this matter. Supervisor Posillipo stated that a school guard has been replaced by a Po- liceman at one point. Jane Carl, a resident of the Arbors, asked if a Police- man would be stationed at the corner of Arbor Drive and King Street-. Supervisor Posillipo stated that if need be, a Policeman will be stationed there. After considerable discussion concerning traffic prob- lems and the safety of children in the area, Robert Goodman asked Document No. 10 22 8 if the Town Board would re-think having an impact study made. Supervisor Posil lipo stated that another impact study would not settle the problem. Mr. William Achenbaurn stated that these matters had been reviewed with the Planning Board, that traffic studies, drainage problems and asthetics had been addressed. Councilman D. Gioffre stated that the Town Board has always been concerned with the people; that Supervisor Posillipo has been a good Supervisor; that he has never he l d the concern of a developer over the people . Counci lman D. Gioffre further stated that he would be in favor of an impact study. A resident of the Arbors asked if the builder woul d compromise any further and Mr. Achenbaum stated that he would not. Supervisor Posillipo stated that nothing could be done until a landscape plan is filed and that he would check into an environmental study. Mr. Goodman requested a traffic impact statement. Supervisor Posillipo stated that he is trying to satisfy both sides -the residents and the builder. After a brief recess, Supervisor Posillipo stated that the Board. was making one more attempt to try to please everyone; that there was no more area for compromise and a deadline had to be met. Supervisor Posillipo suggested to the Board to add the further recommendations of the Planning Board and Clark Associates and to have a further impartial traffic study made. The builder wanted assurance that they would be able to build if all aspects are complied with. Councilman Donald Gioffre stated that a traffic study be made and that a workable plan be brought forth; that the Town Board does not want to lose this project. Councilman B. Gioffre stated that he had listened and sympathiz- ed with both sides and that the entire Town needs this tax base. Upon motion of Councilman B. Gioffre, seconded by Councilman Zaccagnino, the following resolution was adopted: RESOLVED, that after a duly called Special Board meet- ing of the Town Board of the Town of Rye held on October 4th, 1979, at 5:00 P.M., and after a review of the minutes of the - Document No. 10 Planning Board of September 20th, 1979 and a review of a letter dated October 4th, 1979 from John Kirkpatrick, representing Fred- erick P. Clark Associates, Planning Consultants and a review of the letter from Leonard J. Bibbo, P.E., dated September 24th, 1979 and after an open discussion with the principals of the Atrimn Associa- tes, Developers of the proposed project and after certain requests made of the Developers by the Town Board, the following recoonnenda- tions are to be followed by the Developer with regard to the prior approval August 20th, 1979: 1. That 627 parking spaces be built immediately.with pro- vision for .188 spaces to be built in the future, for a total of 815 spaces. Six hundred twenty-seven (627) spaces are entirely adequate for initial occupancy. That 815 spaces be shown on the site plan, but that only 627 will initially be built. 2. Existing trees will be preserved wherever possible. The landscape plan should show all major trees and should indicate whether each will be preserved or removed. Even where fill is to be added to create the parking area, existing worthwhile trees can be maintained in tree wells. 3. Some additional landscaping may be necessary on the west- ern border of the property, as required by the Zoning Ordinance. Showing the existing vegetation will aid in .determining how-much (if any) additional landscaping is needed there. 4. It is indicated that parking spaces will measure 9 feet by 18 feet, with a 24 foot wide aisle. These dimensions are .accept- able. The site plan should state that the spaces have an area of 175 square feet, as required by the Zoning Ordinance. 5. Compact car spaces should be marked 8 feet by 15 feet, with a 20 foot aisle. This site plan shows compact spaces 7~ feet wide, but with a 30 foot aisle. With such a wide aisle, there is no objection to a slightly narrower space. 6. The proposed lighting plan will be included in the land- scaping plan. 7. A separate application will be made in compliance with the sign ordinance. Document No. 10 230 · 8. A fence of some sort should be provided between the bicycle path and the pond; and be it further RESOLVED, that the developer will comply to the follow- ing recommendations of the Planning Board: A. That Atrium take all necessary steps to prevent excess runoff from its site during construction. Detailed instructions along these lines, including possible initial work on the re- tention pond area, would be shortly forthcoming from Bibbo Associates. B. That Atrium designates an area on the site itself for the parking of its own construction personnel and not allow their parking to lap over on to Arbor Drive or King Street or any other off-site area. C. That the Board expected to receive within two months a detailed landscape plan, indicating the applicant's design and method for preserving trees, perimeter screening, etc., and that the Board's approval of the site plan was given in order to allow Atrium to begin its foundation work before the cold weather made it impracticable. D. That Atrium commence immediately to implement its ob- ligations to secure a traffic light for the intersection at Ar- bor Drive and King Street, which signal should be coordinated with the one at the intersection of Glenville Road and King Street. E. That Atrium build a temporary (later permanent) fence to separate the bicycle path on the easterly side of the prop- erty from the construction site; and be it further RESOLVED, that this Board does approve the final site plan as revised and dated September 20th, 1979 entitled "Site Development Plan Atrium Associates -proposed office building, Town of Rye, N. Y. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Zaccagnino and Gioffre Nays: None - Document No. 10 Upon motion of Councilman Zaccagnin~, seconded by Coun- cilman D. Gioffre, the Board voted to undertake a new and impartial traffic study. There being no further business, the meeting adjourned at 6:50 P.M.