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HomeMy WebLinkAbout2015-12-10 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY, DECEMBER 10, 2015 - 07:30 P.M. AGENDA ROLL CALL MAYOR'S ADDRESS MINUTES 1. September 2015 and October 2015 AFFORDABLE HOUSING 2. Review of a Site Plan Application, Wetlands and Steep Slopes permit application by Buckingham Partners / Sun Homes for a Planned Unit Development, with a Fair and Affordable Housing component located at 1100 King Street Rye Brook, NY Parcel I.D. 129.25-1-1 • Steep Slopes Public Hearing • Site Plan Report and Recommendation to B.O.T. • Wetlands Permit Extension Report and Recommendation to B.O.T. 3. Review of a Site Plan and Subdivision Application, with a Fair and Affordable Housing component, for property located at 259 North Ridge Street, Rye Brook NY Parcel I.D. 135.35-1-11 PUBLIC HEARING CONTINUED BUSINESS Planning Board Meeting December 10,2015 Page 1 NEW BUSINESS 4. Review of a Site Plan and Wetland Permit Application by 3 Edgewood Drive LLC, to tear down and construct a single-family dwelling for the property located at 3 Edgewood Drive, Rye Brook NY, Parcel I.D. 135.36-1-31 5. Review of a Site Plan Application by John and Tonia Annunziata, to construct additions to the existim simle-family dwelling for the property located at 5 Argyle Road, Rye Brook NY, Parcel I.D. 135.51-1-50 LOCAL LAW CONSIDERATION ACTION ON NON-AGENDA MATTERS NEXT MEETING JANUARY 14, 2016 BOARD Mr. Dominick Accurso Mr. John Grzan Mr. Sal Morlino Mr. Robert Goodman Mrs. Amy Schoen Chairman Gary Zuckerman Excused: Mr. Dan Tartaglia STAFF Philip Butler, Esq., Village Counsel Mike Nowak, Jr., Public Works Superintendent Fred Siefert, Public Access Coordinator/IT Marilyn Timpone-Mohamed, Village Planning Consultant BOARD OF TRUSTEES LIAISON: Trustee David Heiser Chairman Gary Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He welcomed everyone to the December 10, 2015 Planning Board meeting, and asked that all cell phones be turned off, and that anyone addressing the Board do so from the podium, using the microphone. Chairman Zuckerman introduced the Board members and Village Staff and explained the rules of procedure for the meeting. He made note for the public that Planning Board Meeting December 10,2015 Page 2 the complete set of Planning Board Rules of Procedure can be found on the Village's website and that the meeting could be viewed on streaming video and on the Village's public access channel. MAYOR'S ADDRESS Mayor Paul Rosenberg, former Mayor Joan Feinstein, Trustee Jeffrey Rednick, and Trustee David Heiser addressed the Board and members of the public. They offered their congratulations to Gary Zuckerman on his recent election to the office of Supervisor of the Town of Rye, and noted that this was his last Planning Board meeting. Robert Goodman will step in and take over as Chairman of the Planning Board. Mayor Rosenberg read a proclamation to Mr. Zuckerman and presented him with a plaque and thanks from the Village of Rye Brook for his many years of service to the Village. Former Mayor Feinstein thanked Mr. Zuckerman for all his years of work for the community. She noted that she has been friends with Mr. Zuckerman and was proud to say that she was responsible for his getting involved with the Village Boards. Mr. Zuckerman thanked everyone and noted that it has been a great pleasure to serve the community. The people of the Village serve the village as volunteers. He thanked the Village's staff for all of their assistance over the years. He noted that he looked forward to doing a good job for the Town of Rye. Amy Schoen stated that she has been privileged to work with the Planning Board, and with Gary Zuckerman as a leader. Mr. Zuckerman will be missed very much. The members of the Planning Board offered their congratulations and best wishes in his future position. Chairman Zuckerman called for the first item on the agenda. MINUTES 1. September 2015 and October 2015 Chairman Zuckerman called for approval of the minutes from September and October, 2015. On a motion and a second, the minutes were approved by a vote of six ayes to zero nays. Chairman Zuckerman, with the consensus of the Board, took a matter out of order. Planning Board Meeting December 10,2015 Page 3 3. Review of a Site Plan and Subdivision Application, with a Fair and Affordable Housin,Mponent, for property located at 259 North Ridge Street, Rye Brook NY Parcel I.D. 135.35-1-11 ITEM HAS BEEN ADJOURNED TO JANUARY 14, 2016 At the applicant's request, because the Notice was not properly posted, an adjournment to the January 14, 2016 meeting was made. With the consensus of the Board, the adjournment was granted. Chairman Zuckerman called on the site plan review for the application by Buckingham Partners/Sun Homes. AFFORDABLE HOUSING 2. Review of a Site Plan Application, Wetlands and Steep Slopes permit application by Buckingham Partners / Sun Homes for a Planned Unit Development, with a Fair and Affordable Housing ponent located at 1100 King Street Rye Brook, NY Parcel I.D. 129.25-1-1 • Steep Slopes Permit Public Hearing • Site Plan Report and Recommendation to the Board of Trustees • Wetlands Permit Extension Report and Recommendation to the Board of Trustees A motion was made and seconded to open the public hearing on a Steep Slopes Permit and upon consensus of the Board the public hearing was opened. William Null, Esq., legal counsel for the applicants, addressed the Board. He began his presentation with a comparison of the prior approved site plan for an office building on the subject property and it was noted that the proposed residential project results in approximately the same amount of steep slopes. The extension of the wetlands permit was discussed next. The wetland permit work area is basically the same as it was going to be for the office building site plan. Plantings have been listed on the plans as requested, and other than that there are not significant changes on the plans. Next to be discussed was the storm water management plan. The storm water management plan, including the detention basis, were reviewed by Mr. Jerry Schwalbe of Divney Tung Schwalbe. Mitigation matches the requirements of the Village's Code. It is not being changed or modified. The next area of the application to be discussed was a request for the gross floor area per acre waiver. The walkout basements have now been calculated and the total amount of Planning Board Meeting December 10,2015 Page 4 excess floor area to be waived is 3,109 square feet down from the 3,169 square feet per acre. Jennifer Gray, Esq., Village Counsel, addressed this issue. The affordable Housing component of the application is required pursuant to Section 209-3.F of the Village Code, but also makes the applicant eligible for a waiver of the additional square footage. Providing affordable housing, however, does not guarantee the waiver will be granted, only that such a waiver would be considered. This property was remapped to a PUD zone from an OB-1 zone. There are attached garages and walkout basements which the Applicant cites as justification for granting the waiver. Mr. Dominick Accurso reviewed the way that he sees the buildable area. By his calculations the applicants were over 10,000 square feet in excess of what is allowed as-of-right. He felt that the waiver requested was substantial. Attorney Null rebutted Mr. Accurso's analysis. He noted that these affordable housing units will be some of the nicest ones in the County partially because of the additional space and the attached garages. Chairman Zuckerman noted that it is beyond dispute that a waiver needs to be requested. If the square footage of every unit in the project was reduced, then there would not be a need for a waiver. The question is, what is the best project for the developer. Everyone seems to prefer the walkout basements and attached garages for the affordable units. That means some type of waiver will be required. The bottom line is that this is the Planning Board's recommendation to the Board of Trustees. Chairman Zuckerman felt the question was what size should the affordable units be. The ones proposed are clearly the largest in the County. The Rye Brook Code says that the affordable housing units should be virtually indistinguishable from the market rate units. The developer has accomplished that. Dolph Rotfeld, Village Engineering Consultant, was called upon for an overview of the engineering issues. He noted that a lot of information regarding storm water management was received yesterday. Most of the items addressed were satisfied. There were some items that still need to be finalized. The water pressure and flow was discussed. Mr. Rotfeld noted that he received a copy of the "will serve" letter from the water company, but it must be verified that the water pressure will be adequate. A methodology for testing the water system was discussed. Mrs. Amy Schoen felt that the water pressure issue was critical and must be addressed prior to the issuance of any approvals. . She wanted to be sure that the water pressure would serve the development proposed and neighborhoods that currently exist. Attorney Null noted that a meeting was held with United Water and the County, and a letter was submitted from United Water that there will not be a drop in water pressure for the existing developments. Planning Board Meeting December 10,2015 Page 5 Marilyn Timpone-Mohamed, from the firm of F.P. Clark Associates, Village Consultants, reviewed the lighting. She recommended that the applicant rethink the lighting plan. Other issues that were of concern were up-lighting along the entry roadway, the grading plan and whether or not the grading plan would create the minimum amount of disturbance to existing steep slopes or create additional steep slopes. Visual impacts can be created by extensive grading. The buffer of vegetation that exists must remain. The last piece has to do with future renovation. Homeowners will not be able to make changes to these homes. However, a possible enlargement of a patio or constructing a shed must be dealt with. Chairman Zuckerman noted that through experience the Board has learned that homeowners always want to enhance their property. A methodology to protect the Village must be considered. Mr. Bill McGuiness of Sun Homes noted that there will be a Homeowners Association. The Association will make decisions and not the individual homeowners. There will be very restrictive language about changes. A landscape plan has been submitted. It is in the applicant's best interest to screen between its property and the neighboring properties. By leaving existing vegetation in place it saves money. An arborist will be consulted. Photometric data on the up-lighting of trees will be submitted. Lighting is linked to safety. Mrs. Timpone-Mohamed reviewed the street lighting and up-lighting for the Board. The applicant agreed to review lighting further. Another issue discussed was the review by the Emergency Services Task Force. The applicant is committed to this plan. The Board is concerned about density, but it all comes down to how many units are proposed. The number of units cannot exceed what is set forth in the law. The maximum number of units that would be reduced would be four units or 10,000 square feet to meet the floor area per acre limitation. Mr. Accurso felt that lessening the density would have a positive effect on storm water management, traffic, etc. Chairman Zuckerman noted that there would not be a resolution at the meeting. However, the report and recommendation for the extension of the wetlands permit could be acted on. On a motion, and second, the Planning Board positively recommended to the Board of Trustees that they approve the extension of the wetlands permit requested by the Applicant. Mr. Nowak, Superintendent of Public Works called the roll: Planning Board Meeting December 10,2015 Page 6 Dominick Accurso Voting Aye John Grzan Voting Aye Sal Morlino Voting Aye Robert Goodman Voting Aye Amy Schoen Voting Aye Chairman Gary Zuckerman Voting Aye Chairman Zuckerman noted that the public hearing regarding the Steep Slopes Work Permit will stay open until the Board of Trustees acts on the site plan. The applicant thanked the Board. Chairman Zuckerman called for the next matter on the agenda: 4. Review of a Site Plan and Wetland Permit Application by 3 Edgewood Drive LLC, tear down and construct a single-family dwelling for the property located at 3 Edgewood Drive, Rye Brook NY, Parcel I.D. 135.36-1-31 Chairman Zuckerman noted that this matter was on for discussion only. The home will be torn down in order to construct a new home. This property is environmentally challenged. Eliott Senor, representative for the applicant, addressed the Board. He noted that also in attendance was the consultant for the applicant, and the applicant. He began his presentation by noting that the home has been vacant for several years. There was a fire on the property last year. A new single family home, larger in size, is proposed. Underground detention systems will be utilized to mitigate the storm water runoff. There are wetlands on the property, and an issue with the height of the building. There will be some re-grading, and a landscape plan has been submitted, as well as a tree preservation plan. The storm water plan was reviewed. Also discussed was the stone wall located on the property. Mrs. Timpone-Mohamed reviewed all of her comments thus far. There is a concern regarding maintaining the functionality of the wetlands. Mr. Matthew Miller of 3 Edgewood Drive LLC, applicant, addressed the Board. He noted that he purchased the property and is being very cautious about the new construction. There are trees that are being removed that are completely dead. The Planning Board Meeting December 10,2015 Page 7 wooded area of the property has a number of downed trees. This property has been abandoned for quite some time and it requires a lot of clean up. The neighbors are aware of the request to clean up the property. The adjoining property owner is in attendance at the meeting. Dolph Rotfeld will review the plans in connection with the storm water management. Mr. Accurso questioned whether the proposed house will be constructed as—of-right based on the lot size and Mr. Senor answered in the affirmative. In response to Mr. Accurso's question Mr. Senor confirmed the property is in the AE flood zone. The elevations were reviewed. Mr. Accurso suggested the applicant reconsider raising the grade around the proposed house. Mr. Senor noted the foundation will be built to ensure that the basement will not flood. The goal is to not have a sump pump. Mr. Accurso noted the area has a high water table. In response to a question from Mr. Accurso, Mr. Senor noted a closed-pipe underground storm water retention system will be utilized with a level spreader. Chairman Zuckerman thanked the applicant for the presentation and the application was adjourned to the Planning Board's January meeting. The final matter on the agenda was called before the Board. 5. Review of a Site Plan Application by John and Tonia Annunziata, to construct additions to the existim simle-family dwelling for the property located at 5 Argyle Road, Rye Brook NY, Parcel I.D. 135.51-1-50 Chairman Zuckerman noted that the application will require three variances from the Zoning Board of Appeals. He noted that the jurisdiction of the Planning Board is based on the addition in the Scenic Road Overlay District. Mark Mostacato, architect, addressed the Board. He noted that the single story addition will be constructed on the far side of the home, away from Argyle Road. The Village's Consultant, Marilyn Timpone-Mohamed, submitted comments. A request was made to plot the house to the right of the subject property. This has been added to the site plan. No regrading or site lighting is proposed. The new roof will be slightly higher than the existing roof. The current one car garage will be converted into living space, and a new two garage will be added. The variances required are a front yard setback variance, a rear yard setback variance because it is a corner lot, and a floor area coverage variance. Mrs Timpone-Mohamed noted that the proposed addition will increase the non- conformity of the rear yard. The rear-yard encroachment is not self-created but rather Planning Board Meeting December 10,2015 Page 8 based upon the existing location of the home and the shape of the lot. The lot coverage increase is only a 1.5% increase. The variances requested are reasonable variances. The applicants will use energy efficient, shielded lighting on the porch and garage. The addition is only visible in a minor way from Ridge Street. There is current mature landscaping along the Ridge Street frontage that screens the home. Mr. Michel Nowak, Superintendent of Public Works, noted that he will be issuing a memo in connection with storm water management. Mr. Accurso noted that the work in the rear lot increases an existing non-conformity. A variance is required for the front portico. Chairman Zuckerman noted that the Planning Board needed to set a public hearing and refer the matter to the Zoning Board of Appeals. Jennifer Gray, Esq., Village Counsel, read the following resolution: RESOLUTION REFERRING A SITE PLAN APPLICATION TO THE RYE BROOK ZONING BOARD OF APPEALS FOR CONSTRUCTION OF AN ADDITION ON AN EXISTING RESIDENCE AT 5 ARGYLE ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, John and Tonia Annunziata, property owners, submitted an Application for Site Plan approval to construct a side addition, including a rear patio, relocated driveway and extended front patio, at 5 Argyle Road in the R-10 zoning district, said premises being further identified as Section 135.5 1, Block 1, Lot 50 on the Town of Rye Tax Assessor's Map; and WHEREAS, Village Code §250-22.G(1) requires a minimum front yard setback of 30 feet and the Applicant proposes a front yard setback of 26.5 feet on the south elevation of the home fronting Argyle Road, requiring a front yard setback variance of 3.5 feet; and Planning Board Meeting December 10,2015 Page 9 WHEREAS, Village Code §250-22.G(3) requires a minimum rear yard setback of 30 feet and the Applicant proposes a rear yard setback of 10.2 feet, requiring a rear yard setback variance of 19.8 feet; and WHEREAS, Village Code §250-37.13 requires a maximum main building coverage of 20% and the Applicant proposes a main building coverage of 21.5%, requiring a main building coverage variance of 1.5%; 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 sections of the Village Code; and WHEREAS, the Planning Board reviewed and considered the Application at its December 10, 2015 meeting, including the Planning Memorandum prepared by Frederick P. Clark Associates, dated December 8, 2015; 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: • It does not appear that the rear yard variance would impact the residence on the adjacent lot to the north of the property because the side-yard driveway of that home is adjacent to the rear yard of the subject property. • No site lighting is currently proposed by the Applicant. • Regarding views from the Ridge Street Scenic Road, the new addition is located on the opposite side of the subject property from the Scenic Road but will nonetheless be visible. The median height of the new addition is only three feet higher than the existing dwelling and would be partially screened by existing trees located along the Ridge Street frontage of the subject property. NOW THEREFORE BE, IT RESOLVED, that for the reasons stated herein, the Village of Rye Brook Planning Board hereby refers the application listed herein to the Zoning Board of Appeals for a determination on the identified variances. Attorney Gray suggested an amendment to the resolution to state that the referral pertains to any additional variances deemed necessary by the Building Inspector. Planning Board Meeting December 10,2015 Page 10 On a motion and second, the resolution was adopted as amended. Mr. Nowak, Superintendent of Public Works called the roll: Dominick Accurso Voting Aye John Grzan Voting Aye Sal Morlino Voting Aye Robert Goodman Voting Aye Amy Schoen Voting Aye Chairman Gary Zuckerman Voting Aye Chairman Zuckerman noted that the Planning Board can approve the application either before or after the Zoning Board of Appeals acts. Mrs. Marilyn Timpone-Mohamed, Village Consultant, read the following resolution: RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 5 ARGYLE ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, John and Tonia Annunziata, property owners, submitted an application for Site Plan approval to construct a side garage addition, including a rear patio, relocated driveway and extended front patio, at 5 Argyle Road in the R-10 District and the North Ridge Street Scenic Road Overlay District, said premises being further identified as Section 135.5 1, Block 1, Lot 50 on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on January 14, 2016 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and Planning Board Meeting December 10,2015 Page 11 BE IT FURTHER RESOLVED, that the Planning Board, 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 directed to comply with Section 250-40 of the Village Code regarding notification. Mr. Nowak, Superintendent of Public Works called the roll: Dominick Accurso Voting Aye John Grzan Voting Aye Sal Morlino Voting Aye Robert Goodman Voting Aye Amy Schoen Voting Aye Chairman Gary Zuckerman Voting Aye Chairman Zuckerman called for a motion and second to adjourn the meeting and the meeting was adjourned on a unanimous voice vote. Planning Board Meeting December 10,2015 Page 12