Dominick Accurso John Grzan Jeffrey Richman Amy Schoen Dan Tartaglia Chairman Robert Goodman

Transcription

1 MINUTES Meeting Village Hall, 938 King Street Thursday, BOARD PRESENT: BOARD ABSENT: STAFF PRESENT: Dominick Accurso John Grzan Jeffrey Richman Amy Schoen Dan Tartaglia Chairman Robert Goodman Sal Morlino Jennifer Gray, Village Counsel Marilyn Timpone-Mohamed, Village Planning Consultant Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Shari Melillo, Secretary 1 MINUTES: 2 AFFORDABLE HOUSING: a) Public Hearing for Wetland and Steep Slopes Permit Applications submitted by Pawling Holding and Lazz Development for proposed Lot 1 of an FAH Rezoning Petition, Subdivision and Site Plan Application for construction of two multi-family affordable dwellings, for the property located at 259 North Ridge Street, Rye Brook NY APPLICATION ADJOURNED Page 1 of 16

2 3 PUBLIC HEARINGS: a) Review of a Site Plan an Wetlands Application submitted by Cobble Creek Builders to construct two additions on an eisting single family dwelling for property located at 22 Hillandale Road, Rye Brook, NY, SBL: ADJOURNED TO APRIL 13TH Adjourned to April 13, 2017 Daniel Tartaglia Amy Schoen (Moved By) Dominick Accurso John Grzan Jeffrey Richman (Seconded By) Robert Goodman For Against 6 0 b) Review of a Site Plan and Special Use Application submitted by Angela Manning for property owner Michael Borrelli to construct dentist offices and one apartment at property located at 555 Westchester Avenue, Rye Brook, NY, Parcel I.D ADJOURNED TO APRIL 13TH Adjourned to April 13TH Daniel Tartaglia Amy Schoen (Moved By) Dominick Accurso John Grzan Jeffrey Richman (Seconded By) Robert Goodman For Against 6 0 Page 2 of 16

3 c) Review of a Site Plan Application submitted by Daniel Sherman Landscape Architect for owners' Richard and Kathleen Billig to legalize regrading of rear yard and retaining wall with fence, and a rear yard patio on property located at 16 Red Roof Drive, Rye Brook, NY, parcel I.D ADJOURNED TO APRIL 13TH d) Review of a Site Plan Application submitted by Mark Mustacato (RMG Associates) for property owner William Straus for the construction of a single family dwelling with attached garage and detached two-car garage at the vacant property located on Hills Point Lane, Rye Brook, NY, parcel I.D On a motion made by Mrs. Schoen and seconded by Mr. Richman, the Public Hearing was opened when Mr. Nowak called the roll: MR. ACCURSO MR. GRZAN MR. MORLINO MR. RICHMAN MRS. SCHOEN MR. TARTAGLIA CHAIRMAN GOODMAN EXCUSED Mr. Grippe addressed the Board and gave an overview of the project and advised the Board that the issues that were discussed at the prior meeting and in Mrs. Timpone-Mohamed's memo have been addressed accordingly. Mrs. Timpone-Mohamed agreed that the applicant has provided the information requested - the short EAF - tree protection - the one regulated tree will need replacement trees and those have been added to the plans as well. All of her concerns have been addressed at this time. Mr. and Mrs. Alan Shepherd - 2 Hills Point Lane addressed the Board and asked about the Hemlocks which she believes are really Pines and she said they have had a lot of trouble with them. Mr. Nowak added that there is a mi of Hemlocks and White Pines. Mrs. Shepherd is concerned about a particularly large tree that if it falls will come right down on their home. She asked if the construction will disturb the tree roots. Page 3 of 16

4 Tony Acocella the Landscape Architect said the tree in question is a 30 inch white pine. It is the very first tree which begins the planting along the common property line. The only thing that can be done there is that an Arborist can thin it out or cut it back to help with the wind resistance. Chairman asked about how the tree will be secured during construction to which Mr. Acocella responded that tree protection will be performed on the property per the tree protection ordinance. Mr. Shepherd stated that he spoke with Mike Nowak and from that conversation his question is - more than 50 percent of the roots of the tree will be wiped out during the construction - if the root system is decimated what are the probabilities that tree comes crashing into their home during a bad storm. He would prefer if the tree was removed. Mrs. Schoen believes the tree is dangerous and she agrees it should come down if at all possible. Mr. Shepherd is also worried about the adjoining trees - the trees are feet tall in his opinion. He would like the Village to look at this seriously. Mrs. Timpone-Mohamed added that the reason trees fall in storms is because they are like a sail - they put a large area up to the wind. The Landscape Architect said they would have an Arborist come in and reduce the sail so they are less apt to do what the residents are concerned about. In terms of the tree closest to them - it is furthest away from the new house by 30 feet and the root damage will be minimal. In terms of the length of the anchor roots that keep the upper tree upright - she is not sure that the distance of 60 feet is accurate in terms of the roots. Mr. Nowak responded that he did have a discussion with Mr. Shepherd and did focus on the White Pine. When you talk about any tree - it is liable to fall at any time during any event. As the applicants architect mentioned - they will bring in an Arborist and lighten the sail. They are also showing the limits of construction on the plan and the tree is outside of the limit. Chairman Goodman believed that based on the plans and scope of construction there is an effort to protect the integrity of the trees. Mrs. Timpone-Mohamed's recommendation was pruning to reduce the sail area but also to rectify any damage that might happen during construction and she highly recommends that the trees be managed as they should always be and Page 4 of 16

5 suggested that the Board make the pruning a condition of approval. Mrs. Gray added that the draft resolution has a requirement that the plan has to be shown to include a limit of construction - a note requiring tree pruning after construction and reduce the area of the canopy of the tree particularly the White Pine in question. Mr. Accurso proposed we approve the site plan and insist the tree in question be removed. The applicant has no problem with removing the tree. Mr. Accurso asked about incorporating the overflow. Mr. Nowak eplained that the footing drains can't be connected into the same drywells - if they are installing a sump pump than that would be fine and he would recommend an overflow. Mrs. Gray will condition the resolution for the removal of the Pine Tree and having an Arborist do an analysis on the remainder of the trees. There being no further comments or questions, on a motion made by Mrs. Schoen and seconded by Mr. Richman, the Public Hearing was closed when Mr. Nowak called the roll: MR. ACCURSO MR. GRZAN MR. MORLINO MR. RICHMAN MRS. SCHOEN MR. TARTAGLIA CHAIRMAN GOODMAN EXCUSED Mrs. Gray read the resolution: RESOLUTION APPLICATION FOR SITE PLAN APPROVAL FOR HILLS POINT LANE(vacant lot) VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, RMG Associates, Architects (Mark Mustacato), submitted an application on behalf of property owner, William Straus, for approval of a site plan to construct a new two-story, single family dwelling with an attached one-car garage, detached two-car garage, rear yard patio, retaining wall, walkway, Page 5 of 16

6 stormwater management system, driveway and curb cut on the Hills Point Lane lot located between 3 Hills Point Lane and 2 Hills Point Lane in the R-12 District, Section , Block 1, Lot 5 as shown on the Town of Rye Ta Assessor s Map (the Property ); and WHEREAS, the is the approval authority for the application pursuant to Sections A(2) and B(1) of the Village Code; and WHEREAS, the reviewed the following plans and application materials: 1. Application for Site Plan Approval 2. Site Plan Submittal Review Checklist 3. Eterior Building Permit Application 4. Short Environmental Assessment Form 5. Run Off Calculations prepared by RMG Associates, Architects, Rye NY, dated December 22, Topographic Survey prepared by the Munson Company, Elmsford NY, dated November 30, 2016, revised February 13, Plan for Landscape Development, prepared by A. Anthony Acocella, Landscape Architect, P.C., Rye Brook, NY, dated December 24, Architect s Plans, prepared by RMG Associates, Architects, Rye NY: Sheet Number Sheet Title Dated A-1 Cover Sheet 12/15/16 A-2 Site Plan 12/15/16 rev. 3/8/17 A-3 Elevations 12/19/16 rev. 2/27/17 A-4 Elevations 12/19/16 rev. 2/27/17 A-5 First Floor Plan 12/19/16 A-6 Second Floor Plan 12/19/16 A-7 Basement Floor Plan 12/19/16 rev. 2/27/17 A-8 Garage Plan and Elevations 12/19/16 rev. 2/27/17; and WHEREAS, on February 23, 2017 the of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined the Proposed Action to be a Type II Action requiring no further Page 6 of 16

7 review pursuant to the requirements of SEQRA; and WHEREAS, the Village Planning Consultant, Village Staff and the reviewed the information, submitted comments regarding the site plan and made recommendations regarding landscaping, tree protection, site layout and stormwater management; and WHEREAS, on, the opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the closed the public hearing on ; and WHEREAS, the is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that for the reasons stated herein, the Village of Rye Brook hereby approves the site plan listed herein, to construct a new two-story, single family dwelling with an attached one-car garage, detached two-car garage, rear yard patio, retaining wall, walkway, stormwater management system, driveway and curb cut at the Property, subject to the following conditions: 1. Prior to the issuance of a Building Permit, a Tree Preservation and Protection Plan for all eisting regulated trees to remain on the Property after construction shall be provided. The Tree Preservation and Protection Plan shall comply with all relevant requirements of Chapter 235 of the Village Code and the Rye Brook tree protection notes shall be added to the Plan. The Plan shall also include: a. A limit of construction on the site that is protective of all trees to remain on the Property to the satisfaction of the Village Engineer. b. Protection against root compaction to the satisfaction of the Village Engineer. 2. The 30 White Pine Tree at the front, south corner of the Property shall be removed and two (2) replacement trees shall be planted on the Property (i.e. one additional tree beyond those shown on the Landscape Plan and/or Site Plan last revised 3/8/17), of a species, size and location approved by the Village Engineer. 3. If a certified arborist recommends removal or safety pruning of any trees on the Property, the tree shall be removed or pruned as recommended by the arborist subject to the issuance of a Tree Page 7 of 16

8 Removal Permit, if applicable. If a regulated tree is removed replacement trees shall be planted on the Property pursuant to Chapter 235 of the Village Code in a number, species, size and location approved by the Village Engineer. BE IT FURTHER RESOLVED, that no permits shall be issued by the Building Department until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. Daniel Tartaglia Amy Schoen (Moved By) Dominick Accurso John Grzan Jeffrey Richman (Seconded By) Robert Goodman For Against CONTINUED BUSINESS: a) Review of a Site Plan Application submitted by JMC for property owner's RSP Group, LLC to install additional off-street parking at property located at 90 South Ridge Street, Rye Brook, NY, Parcel I.D David Steinmetz representing Yale New Haven and Greenwich Hospital Applicant gave an overview of the proposal and there was lengthy discussion with Board in regard to parking spaces, green space, retaining walls and signs. The easement from 1956 was located as well and it is now shown on the plans. It is owned by the Port Chester School District and there is a pathway from Ridge Street to the Port Chester Middle School. That easement area is fenced off in two locations and is not used for pedestrians or vehicles now. The school district was not aware of the easement and they are now attempting to get a document from the school that they approve the applicants proposed plans. Mr. Tartaglia asked if in regard to the Bowman Avenue entrance and eit - would the property owner consider no left turns at 3pm when the kids are getting out of school. Mr. Steinmetz responded that while the landlord wants the site to work he will defer to the traffic consultants for their opinion on if that would help or not. The property is what it is - it is a pre-eisting non-conforming use and they are here to improve an eisting condition. They want to add 37 additional parking Page 8 of 16

9 spaces and they are here to modify the signage. They are of the opinion that the Village s parking code is out of date and very restrictive. This building has been functioning for decades and they believe the Village Code needs to be updated. Mr. Grzan responded that we do have a code and whether it is right or wrong really does not matter - right now the parking is deficient per our code. Mrs. Gray added that there are 3 variances required for the signage and one for the parking. There are two avenues of relief. One would be a variance from the Zoning Board and one a waiver from the. The information is not sufficient enough to make a determination on the waiver based on professional data. She recommends referring to the Zoning Board for the variances and by that time this Board will have all the data necessary to waive the parking requirements if they choose to do that. There was a brief discussion on what will eactly take place at the building as far as the walk in clinic and the services that will be provided on site. Chairman Goodman recommends the applicant work with the Village Consultants to address the parking situation so that when the Public Hearing comes up this Board has the information needed to make a decision on the waiver. Mr. Accurso stated that the applicant is proposing to add 37 spaces - he believes the number should incorporate all the spaces added over the years and proposes the applicant is actually adding 45 spots. Mrs. Gray will refer that information to the Building Inspector for his opinion. Mrs. Gray read the Resolution referring the applicant to the Zoning Board: RESOLUTION REFERRING A SITE PLAN APPLICATION TO THE RYE BROOK ZONING BOARD OF APPEALS FOR CONSIDERATION OF VARIANCES AT 90 SOUTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, RSP Group, LLC, property owner, submitted an Application for approval of an amended site plan to accommodate new medical Page 9 of 16

10 offices for Yale New Haven/Greenwich Health that includes a new dedicated entrance for the medical offices, modifications to the parking areas and access drives, new retaining wall, and installation of new freestanding and wall signage on property located at 90 South Ridge Street in the OB-S and Scenic Roads Overlay Districts, Section , Block 1, Lot 9 as shown on the Town of Rye Ta Assessor s Map; and WHEREAS, pursuant to the Building Inspector s Zoning Analysis, dated February 15, 2017, the minimum required number of off street parking spaces is and the applicant proposes to add 37 parking spaces to the eisting 209 parking spaces for a total of 246 parking spaces; and WHEREAS, pursuant to the Building Inspector s Zoning Analysis, dated February 15, 2017, the minimum required setback for the freestanding sign at the Bowman Avenue elevation is 25 feet and the applicant proposes a freestanding sign setback of 5 feet; and WHEREAS, pursuant to the Building Inspector s Zoning Analysis, dated February 15, 2017, the minimum required setback for the freestanding sign at the South Ridge Street elevation is 27.5 feet and the applicant proposes a freestanding sign setback of 5.5 feet; and WHEREAS, pursuant to the Building Inspector s Zoning Analysis, dated February 15, 2017, the maimum permitted size for a wall sign at the proposed location is square feet and the application is proposing a wall sign measuring square feet; and WHEREAS, the Applicant wishes to apply to the Rye Brook Zoning Board of Appeals for the above variances rather than modify the project to conform to the above-referenced section of the Village Code; and WHEREAS, the reviewed and considered the Application at its January 12, 2017 and meetings, including Memoranda prepared by Frederick P. Clark Associates dated January 1, 2017, February 17, 2017, February 23, 2017 (traffic and parking) and March 3, 2017; and WHEREAS, upon review of the subject application, the Planning Board had the following planning considerations for the Zoning Board of Appeals deliberation with respect to the requested variances: 1. The two proposed freestanding signs (South Ridge Street and Bowman Avenue) will replace signs that have more nonconforming setbacks than what is now being proposed. 2. Views of the proposed wall sign from the street will be at least partially mitigated as the sign is proposed to be located on the interior side of a new pedestrian marquee and intended as a way- Page 10 of 16

11 finding sign for pedestrians eiting their car and walking into the medical offices. 3. The property is located at a prominent corner in the Village and is within the Bowman Avenue Scenic Roads Overlay District. 4. The has requested parking and traffic studies from the applicant to provide information regarding the suitability of the proposed number of parking spaces for the site. When the revised parking and traffic studies are provided by the applicant, they should be made available to the Zoning Board during its review of the off-street parking variance. NOW THEREFORE BE, IT RESOLVED, that the Proposed Action is a Type 2 Action pursuant to the New York State Environmental Quality Review Act (SEQRA) requiring no further review pursuant to the requirements of SEQRA. BE IT FURTHER RESOLVED that for the reasons stated herein, the Village of Rye Brook hereby refers the application listed herein to the Zoning Board of Appeals for a determination on the above-referenced variances, along with any additional variances deemed necessary by the Building Inspector. Daniel Tartaglia Amy Schoen (Moved By) Dominick Accurso John Grzan Jeffrey Richman (Seconded By) Robert Goodman For Against 6 0 b) Review of a Site Plan Application submitted by Raul Bello of Bello Architecture PLLC for the property owner Scott Simonsen for the proposed construction of various additions, a new rear patio, and a new front portico, to an eisting single-family residence located at 11 Jennifer Lane, Rye Brook, NY, parcel I.D ADJOURNED TO APRIL 13 TH Page 11 of 16

12 5 NEW BUSINESS: a) Review of a Site Plan Application submitted by Linda Keck of Cerebral Palsy of Westchester for owner's United Cerebral Palsy of Westchester County, Inc. for the construction of a new playground (called Harmony Park) in an eisting school courtyard, at property located at 1186 King Street, Rye Brook, NY, Parcel ID # Will Wedge gave an overview of the project which includes the installation of recreational equipment that provides a therapeutic component in the inner courtyard. They received FP Clarke s memo which contained comments regarding height concerns which they have responded to. He eplained that there are 14 pieces of equipment to be installed on resilient surfacing which was analyzed by staff as being non-permeable. The tallest structure is the shade canopy which at its peak is 13.6 feet tall - the average height of the roofline of the building is 26 feet. The courtyard is invisible to the outside world and cannot be seen from the road and therefore will have no impacts to the Scenic Road District. Mr. Accurso believes they should have been fully vetted before coming here. Mr. Nowak responded that the Building Inspector did his review and then gave the application to him and that is why it is here - it is complete from the applicant's perspective. Mr. Izzo's review sheet is on line - that is the information that we go off of. He has not finished the calculations as of yet - it will require storm water management and the applicant is working on a plan. All information will be available prior to the Public Hearing. The owner is requesting the topographic survey requirement be waived. Mrs. Timpone-Mohamed read the resolution setting the Public Hearing: RESOLUTION SETTING A PUBLIC HEARING REGARDING A SITE PLAN FOR CEREBRAL PALSY OF WESTCHESTER HARMONY PARK 1186 KING STREET Page 12 of 16

13 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Cerebral Palsy of Westchester (Linda Kuck), property owner, submitted an application for an amended site plan to install play equipment, paving, and storm water management infrastructure within one of the open-air courtyards of the educational building located at 1186 King Street, known as Section , Block 1, Lot 3 on the Town of Rye Ta Assessor s Map. The site is within the OB-3 Zoning District, the Z-3 Airport Overlay District, the 60 Ldn Airport Noise Contour CEA, and the King Street Scenic Road Overlay District (SROD). NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook will hold a public hearing on April 13, 2017 at 7:30 p.m. in Village Hall, 938 King Street, Rye Brook, New York to consider the above-referenced application; and BE IT FURTHER RESOLVED, that the, pursuant to the State Environmental Quality Review Act (SEQRA) determines the Proposed Action to be a Type 2 Action requiring no further review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section of the Village Code regarding notification of the public hearing. Daniel Tartaglia Amy Schoen (Moved By) Dominick Accurso John Grzan Jeffrey Richman (Seconded By) Robert Goodman For Against 6 0 b) Review of an etension request of a Steep Slopes Work Permit submitted by Cuddy & Feder LLP on behalf of Sun Homes in connection with the proposed construction of a residential development of 110 single-family dwelling units op property located at 1100 King Street, Rye Brook, NY, Parcel # Page 13 of 16

14 Bill Null addressed the Board eplaining that they are here tonight to request a two year etension on the steep slopes permit that was issued to them a year ago. Mr. Nowak added that this is an ongoing construction site and a very large project. The on-site contractor has been working with the Village and there have been no issues to date that have not been addressed. Village staff and Consultants have been on site regularly and he has no opposition to the etension request. Mrs. Timpone-Mohamed added that the one year permit originally granted was much too short. This two year etension will give them a cushion to finish the project. Mrs. Gray read the resolution: RESOLUTION CONSIDERING A REQUEST FOR AN EXTENSION OF THE STEEP SLOPES PERMIT FOR SUN HOMES FOR PROPERTY AT 1100 KING STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Sun Homes (the Applicant ) submitted a request to the Village of Rye Brook for a two (2) year etension of the Steep Slopes Permit Approval issued by the on March 10, 2016 in connection with the construction of a residential development of 110 singlefamily dwelling units on property located at 1100 King Street, Rye Brook, New York, designated on the Town of Rye Ta Map as Section , Block 1, Lot 1 and located in the Planned Unit Development (PUD) District (the Property ); and WHEREAS, pursuant to Village Code D(1), the Steep Slope Permit is scheduled to epire on March 10, 2017; and WHEREAS, Village Code D(1) authorizes the approval authority to etend the time in which the acts specified in the permit must be Page 14 of 16

15 completed if the is of the opinion that such etension is warranted by the particular circumstances involved; and WHEREAS, pursuant to Village Code D(2), in the case where work on the steep slopes is partially completed, the number and length of the etensions shall be at the sole discretion of the ; and WHEREAS, the work on the steep slopes is partially completed and the has reviewed the particular circumstances involved and discussed the status of construction with the Applicant s representatives at its meeting. NOW, THEREFORE, BE IT RESOLVED, that based on the relative size of the development project and reasonable inability to complete the proposed work on the slopes within the one year time allotment, the Planning Board of the Village of Rye Brook hereby approves a two (2) year etension of the Steep Slopes Permit in connection with the construction of a residential development of 110 single-family dwelling units on property located at 1100 King Street, Rye Brook, subject to the condition that the Applicant maintain adherence to the condition of the Steep Slopes Permit approved on March 10, 2016, to wit: During the development of the site, limits of construction shall be established and maintained, temporary and permanent slope stabilization measures shall be employed, and eisting vegetation proposed to remain in areas adjacent to disturbed areas and slopes shall be protected during construction to ensure its survival postconstruction. Daniel Tartaglia Amy Schoen (Moved By) Dominick Accurso John Grzan Jeffrey Richman (Seconded By) Robert Goodman For Against LOCAL LAW CONSIDERATIONS: 7 ACTION ON NON-AGENDA MATTERS: Page 15 of 16

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