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ADDITIONS AND ALTERATIONS TO: a 3
WOOD RESIDENCE NCE S09°35'00"E ENCE 1 03.00' FEN Y
0.2'E 2.3'E
p]'E POST ,IND RAIL FENCE §'N
FENCE - -- ry.
25 LINCOLN AVENUE �
ONLLINE -
E/W + +
RYE BROOK, NY. 10573 o a51o36sQ.1t.
m 35%x+
O 508 0.5 466
QJ
p,_ �x52.1 x LOT 107
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1 ` ELDPE ANALYSIS LEGEND:
GOBOL DESCAP110N I!
4T ar T,44 uae O -- II v
LOCATION MAP °aF '� 462 pe -
N.T.S. N
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r - aov ' NO.25
43
4210 41LL ITT
3 40.8 4D5
STEEP SLOPE DISTURBANCE CALCULATIONS 7111.. T
"`g ACgTary'. 1.7151FT. m / - o
1 I4 L. .AY 8 c 'E
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-- -- __ --
------ -- -- -- -- -- LINCOLN AVENUEE. =
-owewnc -- -- -- -- -- -- - -- -- -- 0
STEEP SLOPE ANALYSIS PLAN 1"=10'-0
ELI 411 RN.III— IILL _ "
__ __ __ 4o a .\ll mfannnaml fortlL,plan was LR. . °� cr p,A,dcdvcy.n atld etccp
..1111Lc4T sl�pe'mnp 11yG b-F Senor,P_(:,l and 4uYveynrs datedCombev 21,11111_
Acvnrw:�-is limned lu the duln p',"',Iheeuv.Arcltileq is vul respuvahle fur the
CUT AND FILL DIAGRAMnkntaeyufuxIsungrA,nasT�°ne. P-1
2 1�8"-V-0" s V
ZONING DATA
TM HIM DEIGNATION: SECTION. BLOCK. LOT: FENCE 1`?%
ZONNIGDISTRET R-1000v SCRIPT OVERLAY g9TPJCT 25L14COLN AVENLE Fo;EE S09°35'50"E Fz"EE103.00'
aLL
REQ MAXIMUM VARIANCE O.7'S POST ANO RAIL FENCE - ,gN N c
EXISTING PROPOSE] -—-- -- -- -- -- --— ¢ _
NII'loloOIJIENT6 REQUESTED FENCE "
__ __ __ 1.0'S
I:C HIMLIM-OT SIZE SOFT SD.F.T. 15p50 SQ FT. NO CHANGE CN LINE 6
6
I:,IINIMW STREET FRONTAGE FT 60 FT. 103.00 FT. NO CHANGE EDW 5 54 52 -
IMINIMLMFRONTYARD FT 30 FT. - 3400 FT. NO CHANGEZL OD- rn _y
NIMLM1I FRONT YARD(SCENIC OVERLAY DISTMCII FT 34 FT.(EX SHIN 3400 FT. 04.00 FT. - o SO fP - 50x-
1,11
I:tlINIMLM1I FRONT YARD NEGETATIbE BUFFER( FT --Cl T. 3400 FT. 31.00 FT. I.00FT. O
N
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A sz2 x LOT�07 TIP r,
IMI NIMLM1I FOR EACH NIDE YARD FT 10 FT. 15 60 Fi. 100FT.
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SOFT[Al NIMLM 2 NIDE YARDS FT 25 FT. 47.40 FT. 418,0 FT.
____ O
I:dINIMLM1I REAR YARD FT, 30 FT. 73 d0 FT. NO CHANGE - r 50.2 , �I 5 wo�LL
, 3,P64250.FT. 2,202,249Q,FT. 2,9774710 FT. 51,2 "wo"o
IMATIU1,d GROSS FLOOR ARBAg— r 49.3
% 212A 1TY, 192% - 48
ST, 20 Si. 1.5s.. EST.
MA ISUbl HEISFT
FT, 30 FT. 13 FT. 17,5 FT. - 46 46 44 ISI, 3p oe�x��w
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41,8
SIDE(SOUTHi 24 99 229 - , Z�, 43:o
IMI NIMLM1I USEABLE OPEN SPACE ON LOT PER UI IIT SOFT, 1200 SQ FT 3,O8O BOR. 12,964 SO.F-. _ O u^ 41 IS
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PG 47A BM LDI N G COVERAGE % 29% 10.6"0 11,2Y, - �0K 3 ryNO� mow'l-y ¢a
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DECKS DDVEFAGE % 3.6°b C% NO CHANGE - 1x423 _ qp' 03
I:,IANMUkIMPERVIOUS SURFACE(IOTALI SOFT 5,416 74SaFT 2455QFT. 2,&3.91 SQ.FT. _ FENCE 4t� - JS d /V! 'Z 1 9E I
I:JAMSTRU FRONT YARD IMPERIOUS SURFACE % 46% 12124°016 9% _ 0.2'9 D.i.® E-L 7sroa�
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=4,OD SOFT -16L50-21,780 SOFT;x.114734211 -('724 SQFT.399A SQFT.159627 SQFT) a
=4 CO0SOFT.1 F6,330x.IW8421 =2,20224 SIFT. ! aoDinary
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=3,2T342SO,FT IMI
=(127242 SQ FT.45230 SO.FT.11,246.75) i
IAAAI,JDI H9 GFT RAID FROINT=iFRONT YARD x.801 =257347 43.s
NO FT.x.801 aZ.o a0.b x
=24 FT. EXISTING 3UILDIMG COVERAGE=(BU ILDING COVERAGE SO FT.I LOT ARE AI
NICE SIDE YARD,240] =(1,825 SO FTJ 15,450 SO FT.; PICKET FENCE m
=24FT x2461 = �� ---_ _ u�R.c INI Eo
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=24 . =46"fi 11
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IUIPEIS OUS SURFACE.'2,001 SOFT=4 520 SOFT. BUILDING COVEP,AGEI EAST.DRIEAA'1 EKST.'VALK I EXEC.104D I„ ¢Ela,✓ O O o
=NLDTNIZE 12,001 S2 FF.) 26] 1687 SQFT.1462,60 SQ FT.1216,40 SQ FT.-64 SO.FT.
= 5,4W Sc.FT,12ODISQF-.1x.26] 24585"1 FT
111m 28—
=3,449S0 Fi x,261 PR0
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=89,74S OFT BUILDINGCOVERAGEI EXST.DRIVEhA"1EA8T.'IJALKIADD.GAAAGEIADDDRSElYAY1RET.SALL
=89874 SQ.FT.145205QFT. 1 CD.REAR WALK I ADD.PATIO y C
=5,41674 SQ FT 1,687 SOFT.1462.60 SQ.FT.121640SQ.FT.-115.17 SQ.FT.1166.60 SO.FT.162 SOFT 161.50 MET
7464 SQFT. Z ✓ O C n
II:tlPE3VIOUR SURFACE IFRONTYARP.4D%OF FRONT YARD O A 4
=(FRONT YARDI..45 2,845.7 SOFT FE� '� FENCE p O V z>
40.5 4 38.BK 3S�S
O9 STONE x WALL NONE WALL
=X3,70-GQ.FTJx.45 CHANGE IN IIJIPERVIOUE SURF4CE'. Q d1 W>
=1,666.8SQFT PROPOSED COVERAGE-EXISTING COVERAGE 40.3 V✓ALL R3AGE(3111 L11-11 LINE 3.5 N OQY'"
3M.bNALL FACE CENERHLLY ALONG LINE Z O N Z n
26459'SD.Fr.-2p50.Ws0.Fr. o w o
as5:a1 sQ.Fr. CONT. WALK CONT. WALK F a W U o
ALLMEDHBGHTrSETBACICRATOCALCUTA11ON. 38 o U
=REQUIRED SETBACKx REQUIRED RATIO N09°35'50"W 103.00' a 0 z
FRONT:30 F11.60=24 FT. 375 36,a Q ,D
SOJTH NICE 10 Fi.r 240=66 FT. SITE PLAN LESENS, io.1 CONT. 39.z R8 3JoDROP CURB CONT. CURB
NORT151oB 15 FT.h24C=24 FT. SYMBOL DESCRIPTION 39,6 387
EXIST NG H0GHTlSETBACK RAT CALCULATION: LL"II P uTrii r
=Eq SONGHBGHTI EXISTISCSETBACI< ---- ¢SETT+IILN i E as
S
FRONT:18.83 FT 132 FT=.;9 -_y-- o>re e rwis„E
S OJTH 9 DE 16.1 FT 115.8 FT=.Ofr A T.arsT E,FSET rE:r,
NORTi SIDE 1$63FTl31.75FT.=59 "i_Tr�LNE.ETSrEPa.TesOF
PROPOSED HEIGHU SETBACK RA110 CALCU ATON: -cai,Ennr,nuTrx EaPnNa SITE ILAN (_]�_Q
=PROPOSED HHGHT'PROPOSEDSETBACK 1
FRONT:25,OFT l G96 FT, 76 _EA-INIF -AL1 . n.pl 1 C. pr tl t d ireP
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"OR
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FEN
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toves y _
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on e. Lom SEaans as—1 aeovE. N a
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NOTES: fe ceoaR--- xs ro I� noortl..n
OR 1,e{]Rei.atE 1
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ENE
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me
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TREE PLANTING DETAIL N.T.S. "P`E IF P_ALl�IF DxreE,AY MACP°P61 IIs1I O
Tam e4a DRw-El E uRVALm o
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conrwR Iry Ta e\\ /_-� .D
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Im
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AN
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EMBEDDING DETAIL 3].5 }6.a F a K O
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STRAWBALE SEDIMENT BARRIERS DETAIL ass sa.T a G o
6 N.T.S.
LINCOLN AVENUE SITE PLAN LEGEND
BAIBOL NESCRIPTIOIN
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fT-s Pre PEreE.-En-x IN
CLIMATIC AND GEOGRAPHIC DEEICIJ CRITERIA PLANTING LEGEND
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TREE LOCATION/SOIL SEDEMENT PROT.PLAN 1••=10N11-1
, -
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1Tmr,P�r Le,n
ADDITIONS AND ALTERATIONS TO: a 3
i
WOOD RESIDENCE
25 LINCOLN AVENUE
y �a
RYE BROOK, NY. 10573
y
GENERAL.NOTES AND SPECIFICATIONS: n
General notes: Concrete: Wood Framing Continued: Exterior Finishes:
1. lh AEdf p 1 n—,.—bk f methods 1 hl LF 3010 - 'Nda 13.Do bl-d pl I W' d i.d b ed -g3 -1 Nd(3%") 1.r deT I "p Ip, d q'I '11 ,,eats.
I d I ps ab. } woppo
2.C h 11 fy II t d o s nnc.fidd nd shall-.N the Architect \II xre exp„edro wea,her' 1, 1.A--fnu Td-wall;]IN eon n vnr,alsl,12 1-.2 from I,.p end b0¢om and -mll lcngd,of 2 1 d&h ' t f d a `o
4 g V P - --..Te9uite w€ c
bee IIb d.p r,s,g. rcu¢ 'Id Tb g
iC dbllu 14—,d, t. wof.fts 11 ,s-g 4 Al1 I $'w
rc
4.
All 1,- b d P UL dlppl''bl I 1 tl,'b cofd," 40f d p Roofing 5 np" 11—f—;for pmntingn d/ g
d a' h 'N V 1 S 1,1-li C F P dF fey 4 ht l ,1 hill - d' 'NASTM 1k'mA AR2.
f 1 �,,v\tk S ,E BY shall b,l pp d Jll b d vn s t splices end co n,:rs v,d 1- a' 1516 fit 1f1 - I-dl\ l u,tso t.ctrnd
InCtxe[cri-oFinr'Finishes:
inishers
2—d--
h Album
(7s, Cs-IL-- C—,Clper 3,T,W 301.1(1 Ci-,7o4 ,m
tal Jmncs llardiv h d ol-IvI,,o Jine c0lnr as scl„ctcdby own,x. j D�
,hall be Fo„I d dd-m' bey 1 r I Il dl 'lly'm 1 N d d' 12 yp.R' gh .L led olhe'w se.Lae 1/2 ne•,b1a.d
1.oncrete ah h 11 d60 ff i.1-AN, 40 ft.from corntt.No 3.Pro d �pP 'll y dll I-gvs'erlu.red. h'h ,ud1/ 1'd-
6. C till W 1 COmpevsatlon andl'bl Vo 6 s
Al am0ltn,s der d,,0sm,rha Tnle,s in ca,c,P sevirL.ntmperson --Ild 1.wally xcpcnnibl,. 4-Ansae dnp 1,3(1,Yq,u,ed 2.V�p.boxer to ,, v.hvow.us,pp.vg wmpo Bended smooth epeunl orwplL wverv,u
Inq 1 d 'II b db-fi I 5.RnohnGsl,all be 311 year asphah sl,nglcs to a,eh cxistng, WII -, p- d a[y hnislp- n.ens,v„p p o1
(, 1'llp f II h'q df pl fl p,ja-r, ,1Inubep mm,c ble odry u y he . y,lercunire e-a c',I 4 A '''Ib db'
th t:.d tl th d Ih fPo d,.. 1 - Window and Exterior Doors m<
E d - d h h 1-I I I I dl
Pd P1 =d P P 1 Site Drainagf1.\vino d 'd, t 'll d',s per deudts and spell u n,du„ 6 D h d h p -f dby P d all t I d h
1. S dFlaccmcnt vhullbc wh dui 1,, '.d I 1 R h I1' fedb ,n i.wllr. w-i
9. C b11 11 S 1 d - ',h the u 2.AU -1'dl h' de pl - W d---fl eq- Cl hl-g h d L o�
di ted S'pp dl :\h pr 11. _ "dam
Pry d - k h h 1 d dl - 3.S1c p L p d d--1 M -ng mh. gc,c}cn,.,s 9 F hfl £ 1 db
I O.i h h L d' h di "—•.New J.ewte ,I,Il bew ec,ed,--61 s s,s,mn C'n,esis„ 11 Rx la„rlhe WS Rildn Code. 111 Ce.u,,.tie ll. „len,lullea ,l/-'cmne,b.'d.tlnrla du,Baine ved,e d-1,11 ur.
ft—, N 1r 1 d f lb d d L 'n9 P g Jre„ pvw,u e3
Insulation
° I h h ' 111 p l Nh A b d p ° Energy Code Certification Statement
11.$
,ldl 1l ddu .g 1' ,,-d Masonry I.The l II T q- me,s tl,n'.:V,Ny
U 1 f 6 II ff ad, cp p I Smnc and C, 4 Il 1 II F o d,c nxmn.ncndudpmeticc far A.hl U-1 f luziug JOY w a r
12.A11 n s,,A 1 h ill 'tle d p"I dapflyl-he seme,:v d,'nilur B.hlirtim,mKVWuc,. T h be,l oAnvkne wledge endbel,l here a,ew"nys d pcl�io,,. F P'ed-,con-orm'n,,:ew lh the
wndaoussuuless th p 111 d t d b k D.I' II b�S d cl y A l N l—,NI m,d
13.L hilt 7, db 11 b1 f II b d , New 1o11,Sl,dA1 gyCaset h,OnCode,egwro,nenls for Cl--Gone l(Weswheeler Comljl.
Y P p tr Nott 4p f t f 1 D gn iC FLo.,d B„mimg C.—A1as0ny Ig-
ri I—d bh EW d I\N.:. b4 )m4 \alI 1i 1�
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CONSTRUCTION F RST FLOOR PLAN
A-1
VILLAGE OF RYE BROOK
938 King Street
ZONING BOARD OF APPEALS
Tuesday, February 3, 2015
Meeting at 8:00 p.m.
Agenda
I. r 14-022
George Wood&Melissa Wood
25 Lincoln Avenue
Construct 2nd side addition,2nd story addition&driveway expansion.
Mail Affidavit--V/—Sign Affidavit V/
Approvals(A/N) 5 –O Adjournment
Z # 14-023
8 Edgewood Drive LLC
Mr.Frank Chiarello
8 Edgewood Drive
Construct new single family modular dwelling.
Mail Afdavit Sign Affidavit
Approvals(A/N) Adjournment
3. Approval of November 4,2014 Zoning Board Summary
Approvals(A/N) Adjournment
DM ✓ MI ✓
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VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10673 ADMINISTRATOR
Paul S. Rosenberg (914)939-0668 Fax(914)939-5801 Christopher J.Bradbury
www.rvebrook.org
TRUSTEES BUILDING&FIRE
Susan R. Epstein INSPECTOR
David M. Heiser Michael J. Izzo
Jason A. Klein
Jeffrey B.Rednick
NOTICE OF HEARING ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has filed an application to appear before the Zoning
BoaadufA eats of the Village--ofRyeFBrook.
Application #14-022
Applicant: George Wood& Melissa Wood
25 Lincoln Avenue
Rye Brook,New York 10573
Applicant Proposes to: Construct 2nd side addition,21d story addition& driveway expansion.
At the premises known as 25 Lincoln Avenue in the Village of Rye Brook,New York, situated on the east
side of Lincoln Avenue, approximately 1,200 feet from the intersection of Westchester Avenue and
Lincoln Avenue, designated and shown on the most current tax map as Parcel ID# 135.65-1-46, the
applicant does hereby request a variance(s) from the following applicable section(s) of the Zoning
Ordinance:
§250-7.f(6)(C) The minimum required vegetative buffer in the scenic road overlay district is 35'.
The applicants proposed 2°d story addition will align with the existing structure
setback of 341. Therefore a one foot vegetative buffer setback variance is requested
for the 2°d story addition.
A Public Hearing on said application will be held before the Village Zoning Board of Appeals on
Tuesday, February 3, 2015, at 8 o'clock p.m. at the Village of Rye Brook Offices located at 938 King
Street, Rye Brook, New York 10573. Plans associated with the proposed application are on file at the
Building Department and may be reviewed by the public prior to the Public Hearing.
Dated: ao
Christopher J. BradbulTViflage Clerk
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135 57135.58
135.66
.N 135.73135.74
IMI VILLAGE OF RYE BROOK
ZONING BOARD OF APPEALS
RESOLUTION
WHEREAS, an application has been made to the Zoning Board of Appeals by
Samuel F. Vieira, on behalf of George and Melissa Wood (the "Applicants"), for a one
(1) foot vegetative buffer variance from Section 250-7.F(6)(c) of the Village Code in
connection with the proposed construction of a two-story side addition, a second story
addition and a driveway expansion at 25 Lincoln Avenue in the R-10 zoning district.
Said premises being further identified as Section 135.65, Block 1, Lot 46 on the Town of
Rye Tax Assessor's Map; and
WHEREAS, said premises is located within the Scenic Roads Overlay District
("SROD"); and
WHEREAS, Village Code §250-7.F(6)(c) requires a minimum thirty-five-foot
wide vegetative buffer in the front yard of properties within the SROD; and
WHEREAS, the Applicants propose a second-story addition with a proposed one
(1) foot incursion into the vegetative buffer; and
WHEREAS, a duly advertised public hearing was held on February 3, 2015, at
which time all those wishing to be heard were given such opportunity; and
WHEREAS, the public hearing was then closed on February 3, 2015; and
WHEREAS, the proposed action is a Type II Action pursuant to the New York
State Environmental Quality Review Act, and accordingly, no further environmental
review is required; and
WHEREAS, the Board, from the application, after viewing the premises and
neighborhood concerned, and upon considering each of the factors set forth at Section
250-13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the one (1) foot
vegetative buffer variance:
1) The variance [WIL WILL NO ] create an adverse impact to the
character of the neighborhoo ;
2) The benefit the applicant seeks [CAN/CANNOT]' be achieved through
another method, feasible for the applicant to pursue, that does not
require the variance;
3) The variance [ISZJ NOT] substantial;
4) The variance [WILU-WILL NOT]) create any adverse impacts to the
physical or environmental conditions of the neighborhood; and
r 1
5) The need for the variance'[IS IS NOT] self-created.
NOW, THEREFORE, BE IT RESOLVED, that said application for a one (1)
foot vegetative buffer variance is hereby [GRANTED/DENIED], subject to the following
conditions:
Dated: February 3, 2015 6z ��✓ '�lr,+�
Don Moscato, Chairman
Steven Berger Voting
Ye Nay� Abstain Absent
�
Andrew Kaminsky Voting: ye Nay Abstain Absent
Don Moscato Voting: �' e Nay Abstain Absent
Jeffrey Richman Voting: Aye Nay Abstain Absent
Joel Simon Voting: TAye Nay Abstain Absent
__CAyes
O Nays
Abstain
Absent
-2-
VILLAGrT - BROOK D
BUILD E MENT
9 G ST DEC 31 2014
RYE BR ,NEW Y 10573
PHONE (914) 914) 939-5801 VILLAGE OF RYE BROOK
o . rg BUILDING DEPARTMENT
APPLICATION TQ THE ZONING BOARD OF APPEALS
Application Fee: $350.00 (VI/paid • Escrow Fee: $1,000.00 6paid DATE:
**********************************************************************--********
Subject Property: 2 L•1 GO[-0 A V� '
Parcel ID#: .�� �� L - UZone: —I
Applicant: DGvA-)Fir' Address: Phone:
Property Owner: L44WIE r- taJS'�kV4CCb Address: Phone:qa.5(c
�9io9�1'
14oV j1. L_eA 57-
�M V� ,L_ F_, I I F.-1 t2Ar Address: b
Attorney/Agent: 15 c.ww Phone: 7(4 65F 1WQe�
1•A.,• 1 /0".,
The applicant named herein does hereby('2
equest an appeal from the decision made by the Building
Inspector on an application dated , 20 f whereby the Building Inspector did:
( ) Grant / ( Deny the applicant a permit for A., SemLo rj 0 1--L--a rL 1-1
o �J
/49_">oVF_ Exl,�,Tl ►J 9 nia-°ir s= _ao2_
1. Tyne of Appeal: WVariance to the Zoning Ordinance ( )Interpretation of the Zoning Ordinance
( ) Certification for Continuation of a Nonconforming Use ( ) Permit for Occupancy
( ) Permit for Use
2. This application relates to: ( )Use ( )Area ( )Height (4Setback ( )Other:
In connection with: ( )A Proposed Building (AAn Existing Building
3. Previous Appeal(s): ( )Have (Have Not been made with respect to this particular decision of the
Building Inspector, and( )Have ( )Have Not been made with respect to any other previous decision(s)
made by the Building Inspector regarding the subject property.
List All Previous Zonigg Ap,Eeals Either Granted or Denied Concerning the Subject Property
a. A requested variance was( )Granted 1( )Denied on application# dated,
for,
b. A requested variance was ( )Granted 1( )Denied on application# dated,
for,
c. A requested variance was( )Granted 1( )Denied on application# dated,
for,
d. A requested variance was( )Granted!( )Denied on application# dated,
for,
-1-
4. Alteration:
If work constitutes an alteration or extension to an existing building, describe briefly:
eoAt5Td2✓L-o0Z IsXProNgio,J a'F �xL5i ii�C+� �j�4
�X1�2E/r✓! TEVL611' 1=1 C'c;rZ_
5. Construction Cost: What is the estimated cost of the proposed work? $
6. Reasons for Appeal:
A. An Area Variance to the Zoning Ordinance is requested because strict application of the ordinance
would create the following hardship: 'r% E-EX1 STir3[„ 140v9E 1Fa0'WPTW #Aei A
�� F� 1=rZor�i ��v� SGT��.c� . 'T�-lC �Ry►R�Pr.� ��G ��� L
�Zoa O✓GP�>�-1 fr AE;� FToeX GvT';, /Zler� 1 Y-4G :z
y�'�r-ja Fc olw2 W I L-(-- A- !/AfZ.& �C 6� i�5ia 7a
1'gp' r-eg.�2. wu-L- Frbryoza
-.4? V2 r-Ae-.,F'
B. An Interpretation of the Zoning Ordinance is requested because:
C. A Use Variance to the Zoning Ordinance is requested because strict application of the ordinance would
create the following hardship:
-2-
7. Requested Zonins Appeals:
I. Section of Rye Brook Code:
Zoning Requirement: �GFF 1L P*O OV941¢I I*Lyd i yi2n = -4 r--,> rr
Proposed Work: 45C4PrO F(-oog- 4-r 3A• r--r FfLo" F20F x--10 F-
Requested Variance: H • o a 'F-
II. Section of Rye Brook Code:
Zoning Requirement: '*3 C-�, 'F(• ✓F-C Tx,dVIz l3y�FJ=gL
Proposed Work: 2r--Go wc> r-t-o-n— A. T 3 4 ELO"
Requested Variance:_ I F--F,
M. Section of Rye Brook Code:
Zoning Requirement:
Proposed Work:
Requested Variance:
IV. Section of Rye Brook Code:
Zoning Requirement:
Proposed Work:
Requested Variance:
V. Section of Rye Brook Code:
Zoning Requirement:
Proposed Work:
Requested Variance:
VI. Section of Rye Brook Code:
Zoning Requirement:
Proposed Work:
Requested Variance:
***List any further proposed zoning appeals on a separate page***
-3-
8. Item checklist of information from instruction sheet:
( ) Letter of Disapproval
Properly completed& Signed Original Zoning Variance Application
(� Eight(8) Sets of Sealed Plans
(� Non-refundable Application Fee of$350.00
(p4 Escrow Account Fee of$1,000.00
( ) Provisions of any deeds, covenants,easements or restrictions affecting the kind of improvements
allowed or prohibited upon the premises.
( Notarized Mailer& Sign Affidavits,Area Map &Public Notification List
(Please note that the notarized affidavits must be received by the Building Department by no later than the
Thursday prior to the scheduled zoning hearing)
This application must include the notarized signature(s) of the applicant of record as well that
of the legal owners) of the subject property in the spaces provided below. Any application not
properly signed shall be deemed null and void and will be returned to the applicant
STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as:
Z� ,being duly swom,deposes and states that he/she is the applicant above named,
(print name of individual signing as the applicant)
and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the
for the legal owner and is duly authorized to make and file this application.
(indicate architect,contractor,agent,attorney,etc.)
That all statements contained herein are true to the best of his/her knowledge and belief, and that any work performed or
use conducted at the above captioned property will be in conformance with the details as set forth and contained in this
application and in any accompanying approved plans and specifications,as well as in accordance with the New York State
Uniform Fire Prevention&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances
and regulations. ,�.�-
Sworn to before me this�� Sworn to before me this �
day of , 20J�_ day of 201
of PU tary u 1'
ature of Pr rty Owner ature of Applicant
Print Name o Property Owner Print Name of Applicant
JENOIFER POSTERJeNNIFER FOSTER
Wafy Pwbli@:81@t@ of N@w lbrk Notary PIA119=811 to of Now lbrk
N@:01 F06202860
No:91 FOOBIROOD Qualif5d in W@@toh@ittor County
Qwalftd in W@@t@p@@t@f Gounty fA70171ff114gn UPif@@ MOO 20,2"017
My ceffi ii§@im Apir@@ Mily R8,201
Last Revision 9.22.09
-4-
V
FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING,TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD,CONNECTICUT
DAVID H. STOLMAN MEMORANDUM
AICP,PP
PRESIDENT
To: Gary Zuckerman, Chairman, and the
MICHAEL A. GALANTE gy
EXECUTIVE PlanningBoard of the Village of Rye Brook
VICE PRESIDENT
35o THEO.FREMDAVE. Date: February 6, 2015
RYE, NEW YORK 10580
914 967-6540
FAX: 914 967-6615 Subject: 25 Lincoln Avenue -
CONNECTICUT Application for Approval of a Site Plan
203 255-3100
HUDSON VALLEY As requested, we reviewed revised plans submitted by property owners,
845 297-6056
George and Melissa Wood, for approval of a site plan to construct a
LONG ISLAND second-story addition, a covered entry porch, and an expansion of the
516 364-4544
garage into the side yard of the existing home located at 25 Lincoln Avenue
www.fpdark.cOm in the R-10 District and the Scenic Road Overlay District (SROD), Section
email@fpciarlc.com 135.65, Block 1, Lot 46 as shown on the Town of Rye Tax Assessor's Map.
Property Description
The 15,450 square-foot property is currently developed with a one-story
residence with an attached garage, a stone wall along the front property
line, a drive way and curb cut, and a concrete patio in the rear yard. The
property slopes down to the west approximately 13 feet from the high point
along the east (rear) property line. There are mature trees and other
landscape plantings throughout the property.
Project Description
The Applicant proposes to construct a second-story addition, a covered
entry porch, and an expansion of the garage into the side yard, and expand
the patio and erect a stone retaining wall in the rear yard.
Review
We reviewed application materials and revised plans submitted by the
Applicant that include the following items:
1. Short Environmental Assessment Form
2. Exterior Building Permit Application
FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING,TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD,CONNECTICUT
3. Site Plan Application and Checklist
4. Topographic Survey, prepared by Gabriel E. Senor, P.C., Hartsdale,
N.Y. dated October 21, 2014
5. Rye Brook Building and Fire Inspector's Zoning Analysis
Memorandum to the Planning Board dated August 18, 2014
6. Architect's Plans, prepared by Samuel F. Vieira, Architect, P.C.,
Sleepy Hollow, N.Y.:
Sheet Number Sheet Title Dated
T-1 Title Sheet/Notes/Specifications 11/13/14 rev. 12/26/14
SP-1 Location Map/Steep Slopes Analysis 11/13/14 rev. 12/26/14
SP-2 Site Plan and Zoning Chart 11/13/14 rev. 12/26/14
SP-3 Tree Location Plan/Site Details 11/13/14 rev. 12/26/14
A-1 First and Second Floor
Construction Plans 11/13/14 rev. 12/26/14
A-2 Front and North Side Elevations 11/13/14 rev. 12/26/14
A-3 Rear and South Side Elevations 11/13/14 rev. 12/26/14
Please note that our review is limited to planning, zoning and environmental issues. We
offer the following additional comments regarding the revised plans:
1. Topographic Survey. A topographic survey was submitted at the December 11,
2014 Planning Board meeting.
2. Zoning. According to the Fire and Building Inspector's zoning analysis, the
proposed site plan included four zoning non-conformities:
a. The minimum required vegetated buffer in the Lincoln Avenue SROD is
35 feet, the proposed buffer is 34 feet;
b. The minimum required front yard in the Lincoln Avenue SROD is 45 feet,
the proposed front yard for the second-story addition is 34 feet;
c. The minimum required front yard in the Lincoln Avenue SROD is 45 feet,
the proposed front yard for the garage expansion is 40 feet; and
d. The minimum required vegetated buffer in the Lincoln Avenue SROD is
35 feet; the proposed buffer at the parking court is 25 feet.
Three of the non-conformities were resolved by modifications to the site plan. The
fourth, regarding the 34-foot vegetated buffer, was resolved when the Applicant
2
FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING,TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD,CONNECTICUT
appeared before the Zoning Board of Appeals on February 3, 2014 and was granted a
one-foot variance.
3. Landscape Plan. We continue to recommend that the landscape plan for screening
the expanded driveway should be reconsidered and improved beyond the minimal
green fence approach of the current plan. The plantings should be naturalistically
located to create a multi-layered tree and shrub planting that would enhance the
existing buffer area landscape.
4. Steep Slopes and the Retaining Wall. The site plan for the rear yard, the proposed
grading and the configuration of the retaining wall were revised to comply with the
requirements of Section 250-6 B.(1)(g) of the Village Code regarding residential
retaining walls.
5. Tree Preservation and Protection. The revised grading and excavation for the
reconfigured retaining wall in the rear yard will not significantly affect the 24-inch
diameter maple located adjacent to the north property line.
6. Exterior Lighting. Exterior building lighting fixtures should be energy—efficient,
shielded fixtures that would eliminate sky lighting and reduce lateral glare.
We look forward to discussion with the Planning Board.
Marilyn Timpone-Mohamed, ASLA, AICP
Senior Associate/Planning/Environment
cc: Honorable Mayor and the Village Board of Trustees
Christopher Bradbury, Village Administrator
Michal Nowak, Superintendent of Public Works/Village Engineer
Philip A. Butler, Esq., Village Attorney
Samuel F. Vieira, R.A., for the Applicant
11DOCS215001Rve Rrook1538.660.25 Lincoln Avenue.Site Plan.memo2.mtm.doc
3
February 12, 2015
RESOLUTION
APPROVAL OF A SITE PLAN APPLICATION TO CONSTRUCT A TWO-
STORY ADDITION, SECOND-STORY ADDITION AND A DRIVEWAY
EXPANSION AT 25 LINCOLN AVENUE
WHEREAS, Samuel F. Vieira, on behalf of George and Melissa Wood
(the "Applicants"), has submitted an application for Site Plan approval to construct a two-
story side addition, a second story addition and a driveway expansion at 25 Lincoln
Avenue in the R-10 zoning district (the "Application"). Said premises being further
identified as Section 135.65, Block 1, Lot 46 on the Town of Rye Tax Assessor's Map;
and
WHEREAS, said premises is located within the Scenic Roads Overlay District
(SROD"); and
WHEREAS, the Planning Board reviewed the following plans and application
materials in connection with the proposed Application:
1. Short Environmental Assessment Form
2. Exterior Building Permit Application
3. Site Plan Application and Checklist
4. Survey, prepared by Gabriel E. Senor, P.C., Hartsdale, N.Y. dated
May 27, 2014
5. Rye Brook Building and Fire Inspector's Zoning Analysis
Memorandum to the Planning Board dated August 18, 2014
6. Architect's Plans, prepared by Samuel F. Vieira, Architect, P.C.,
Sleepy Hollow, N.Y.:
Sheet Number Sheet Title Dated
T-1 Title Sheet/Notes/Specifications 11/13/14 rev. 12/26/14
SP-1 Location Map/Steep Slopes Analysis 11/13/14 rev. 12/26/14
SP-2 Site Plan and Zoning Chart 11/13/14 rev. 12/26/14
SP-3 Tree Location Plan/Site Details 11/13/14 rev. 12/26/14
A-1 First and Second Floor Construction Plans 11/13/14 rev. 12/26/14
A-2 Front and North Side Elevations 11/13/14 rev. 12/26/14
A-3 Rear and South Side Elevations 11/13/14 rev. 12/26/14
and
WHEREAS, the Planning Board referred the Application to the Village of Rye
Brook Zoning Board of Appeals on December 11, 2014, for a determination on certain
variances needed in connection with the improvements proposed in the Application; and
WHEREAS, by resolution adopted February 3, 2015, the Zoning Board of
Appeals granted all variances needed in connection with this Application, consisting of a
single one-foot variance from the 35-foot vegetative buffer required pursuant to Section
§250-7.F(6)(c) of the Village Code; and
WHEREAS, on February 12, 2015, the Planning Board 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
WHEREAS, on February 12, 2015, the Planning Board 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 additional review under SEQRA;
and
WHEREAS, the Planning Board then closed the public hearing on February 12,
2015; and
WHEREAS, the Village Planning Consultant, Village staff and the Planning
Board have reviewed the information and submitted comments regarding the Application;
and
WHEREAS, the Planning Board is fully familiar with the site and all aspects of
this Application.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Planning Board hereby approves the Application referenced herein, upon the following
conditions:
1. ; and
2. ; and
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicants have paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
-2-
LOCAL LAW AMENDING
CHAPTERS 217 and 250 OF THE VILLAGE CODE
A LOCAL LAW to amend
Chapters 217 and 250 of the Code
of the Village of Rye Brook
regarding Impervious Surfaces.
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
Section 1. Chapter 217, Section 7 of the Code of the Village of Rye Brook is hereby
amended as follows:
IMPERVIOUS SURFACES
throughA14 buildings, as defined herein, and a4l areas on the ground or ele-,;�;ated abo-';�;e the ground
that are eoffiprised of ffiaterials
liffiited to > > masonry, wood, > and ,
> sports eottr�s, s"ffiffiiftg pools, > ,
sidewalks, -ramps, terraees, and . Any material, surface, improvement or structure
through which water cannot infiltrate.
PERVIOUS SURFACES
Any material, surface, improvement or structure through which water is able to permeate
and which is not situated atop an impervious material. Paving materials, such as gravel,
pavers, asphalt and concrete, may be considered pervious surfaces if they are fabricated,
installed and maintained in a manner that ensures adequate permeability and infiltration, as
determined by the Village engineer or engineering consultant.
Section 2. Chapter 250, Section 2, Subsection C of the Code of the Village of Rye Brook is
hereby amended as follows:
IMPERVIOUS SURFACES
liffiited to aspha4t, eenefete, ffiase , wood, , ,
sidewalks, faffips, effaE . Any material, surface, improvement or structure
through which water cannot infiltrate.
PERVIOUS SURFACES
Any material, surface; improvement or structure through which water is able to permeate
and which is not situated atop an impervious material. Paving materials; such as gravel,
pavers, asphalt and concrete, may be considered pervious surfaces if they are fabricated,
installed and maintained in a manner that ensures adeduate permeability and infiltration, as
determined by the Village engineer or engineering consultant.
Section 3. Severability. If any clause, sentence, paragraph, section, article or part of this
Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been rendered, and such
invalidity shall not be deemed to affect the remaining portions thereof.
Section 4. This local law shall take effect immediately upon filing with the Office of the
Secretary of State.
BOWRIDGE REALTY LLC
7 Spruce Hill Court• Pleasantville, NY• 10570
Tel: 914-263-9495• Fax:914-769-5242
February 6, 2015
Mr. Gary Zuckerberg, Chairman and
Members Of the Planning Board
Village of Rye Brook
938 King Street
Rye Brook, NY 10573
RE: SITE PLAN SUBMISSION FOR 80 BOWMAN AVENUE
LOTS # 141.27-1-26, # 141.27-1-31, # 141.27-1-32
Dear Mr. Zuckerberg,
After meeting twice with Ms. Amy Schoen, Mr. Daniel Tartaglia and Mr. Robert
Goodman, as well as the town Attorney Phil Butler, Village Planner, Marilyn
Timpone, Michael Izzo and Mike Nowak together with our architect, Tony Federico,
we have amended our plan to address comments, concerns and considerations
discussed at these meetings.
As we understand it, it is recommended that a new zone be assigned for this
particular piece of property which would conform to the project that we have
designed trying to keep the comprehensive plan in mind as much as is feasibly
possible. We have provided a zoning chart with our recommendations for this
parcel with regard to FAR, open space and parking requirements which I have
attached.
This project consists of a 22,565 sq. ft, 3 story building plus an underground (yet
street level in the rear as conforming to the slope of the property) garage. It includes
2,400 sq. ft. of retail space fronting along Bowman Avenue and 16 apartments,
accessed from a Barber Place corner entrance toward the rear of the building. We
have eliminated one row of parking from the Bowman Avenue side of the building in
an effort to compromise and keep with the concerns from the Comprehensive Plan.
The current building is set back from the Bowman Avenue property line 52' and 11'
from the Barber Place property line. It is 5' from the side yard adjoining the TD Bank
property and 66' from the rear property line.
The apartments include 8 one-bedroom units, approximately 900 to 1150 sq. ft., and
8 two-bedroom, two bath units approximately 1,030 to 1300 sq. ft.
At this point in time, we have dedicated countless hours, brain cells and dollars to
the design of this project and we are very pleased with the results and feel strongly
that we have fine tuned it to the utmost possible. We are attaching the floor plans
and site plan as well as some visual renderings for your consideration and look
forward to presenting this plan at the next Planning Board meeting on February 12tH
incerely,
Virginia Madonna
Frank C.Madonna
Attachments
cc: Planning Board Members
Anthony Federico, Architect
Michael Izzo, Bldg_ Dept.
Michael Nowak, Engineering Dept.
Z9NING DATA
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ZONING DATA
PROPOSED ZONING DISTRICT. C1-A - NEIGHBORHOOD RETAIL / FAH DISTRICT
ITEM: IMPOSED NEW C1—A ZONE: NEIGHBORHOOD MIXED USE PROVIDED
IA. PERMITTED PRINCIPAL USES: ALL USES PERMITTED IN C1—P DISTRICT (C1—P ALL USES PERMITTED IN R DISTRICTS) MIXED USE MULTI FAMILY
MIXED USE MULTI—FAMILY—RESIDENTIAL/RETAIL RESIDENTIAL/RETAIL
FB. PERMITTED ACCESSORY USES N/A INONE
Fc MAXIMUM FLOOR AREA RATIO 1.05
ID MINIMUM SIZE:
(1)LOT AREA: 21,000 SF (gross floor area/lot area 1.026 (21,982 SQ.FT.LOT— 22,565sf BUILT)
(2)HORIZONTAL CIRCLE: 90 FT
(3)LOT FRONTAGE: 225 FT
21,982.06 SF
E MINIMUM YARD DIMENSIONS: 91 FT
(1)FRONT: 10 FT MINIMUM 11 FT ON BARBER PLACE, 52 FT. ON BOWMAN AVENUE
(2)SIDE: SAME AS C1—P 4 FT MINIMUM 5.0 FT. PROVIDED
(3)REAR: 30 FT. MINIMUM 68.7 FT. PROVIDED
FF—MAXIMUM HEIGHT OF BUILDING:
(1)STORIES: 3 STORIES PLUS BASEMENT/GARAGE 3 STORIES PLUS BASEMENT/GARAGE
(2)IN FEET: 45 FT 34 FT.UP TO 42 FT.OVER GARAGE AREA.
FG MINIMUM USABLE OPEN SPACE ON LOT: 150 SF FOR EACH DWELLING 100 X 16=2,400 SF PROVIDED BY EITHER OPEN 1,313 SQ. FT. PROVIDED IN GREEN SPACE, 1120 SQ.FT.PROVIDED IN OPEN TERRACES
TERRACES OR GREEN SPACE OF 10 FT.MINIMUM WIDTH AND LENGTH. 2433 SQ.FT. OPEN SPACE PROVIDED --- 2400 SQ.FT.REQUIRED
H MANDATORY LOADING SPACE: N/A N/A
L MINIMUM FLOOR AREA OF DWELLINGS: N/A N/A
d OTHER PROVISIONS AND REQUIREMENTS:
(1)PARKING SPACE REQUIREMENTS multi—fam residential: 28.0 spaces required multi—faro residential: 28 spaces req'd: 28.0 spaces proud
2 bdrm unit: 2 spaces/unit x 8 units=16.0 spaces
1 bdrm unit: 1.5 space/unit x 8 units= 12.0 spaces
retail: 1 space/250sf: 2,412sf retail: 10 spaces req'd: 10 spaces proud
10.0 spaces required 1 space/250sf: 2,412/250sf= 10 spaces
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VILLAGE OF RYE BROOK
PLANNING BOARD
VILLAGE HALL, 938 KING STREET
Thursday, November 13, 2014 - 7:30 p.m.
AGENDA
ROLL CALL
MINUTES: Review of Minutes for September 11, 2014 and October 9, 2014
PUBLIC HEARING:
1. Review of an Application by Mr. and Mrs. Feinsod for Site Plan Approval, and
Steep Slopes and Wetlands permits to construct a rear yard pool, decks and patios,
re-grade property and a driveway expansion for the property located at 4
Hillandale Road, Rye Brook, NY, Parcel I.D. 136.21-1-14
• Possible Resolution
2. Review of an Application by Mark Mustacato on behalf of Mr. &
Mrs. Bachmann for Site Plan Approval to construct a single-story addition, new
front porch, rear deck and interior alterations for the property located at 92
Country Ridge Drive, Rye Brook, NY, Parcel I.D. 129.67-1-14
• Possible Resolution
3. Review of an Application by Mr. & Mrs. Randall for Site Plan Approval to re-
grade the rear yard and construct retaining walls, for the property located at 130
North Ridge Street, Rye Brook, NY, Parcel I.D. 135.51-43
• Possible Resolution
CONTINUED BUSINESS:
1. Review of an Application by Frank Madonna for approval of a Site Plan,
Subdivision (Lot Merger) and a Petition for Re-zoning and Zoning Code
Amendments, to construct a mixed use Multi-Family/Retail Building on property
located at 80 Bowman Ave, Rye Brook, NY, Parcel I.D. 141.27-1-26,31,32
NEW BUSINESS:
1. Review of an application by Ridge Street Rye Brook LLC for an Amendment to
the Special Use Permit, to modify the hours of operation for the property located
at 79 South Ridge Street (aka 93 South Ridge Street), Rye Brook, NY, Parcel I.D.
141.27-1-13
LOCAL LAW CONSIDERATION
ACTION ON NON-AGENDA MATTERS
THE NEXT PLANNING BOARD MEETING: December 11, 2014
BOARD Mr. Domenic Accurso
Mr. John Grzan
Mr. Bill Laufer
Mrs. Amy Schoen
Mr. Dan Tartaglia
Chairman Gary Zuckerman
STAFF Philip Butler, Esq., Village Counsel
M. Nowak, Jr., Public Works Superintendent and Village Engineer
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 November 13, 2014 Planning Board
meeting and noted that Mr. Robert Goodman was excused from the meeting. He 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 the Village Staff and explained the rules of procedure for the meeting. He made note
for the public that 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. He called for the first item on the agenda.
MINUTES: Review of Minutes for September 11, 2014 and October 9, 2014
On a motion made by Amy Schoen, and seconded by John Grzan, the minutes were
approved, as amended.
The roll was called:
-2-
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Gary Zuckerman Voting Aye
The next matter was called before the Board.
PUBLIC HEARING:
1. Review of an Application by Mr. and Mrs. Feinsod for Site Plan Approval,
and Steep Slopes and Wetlands permits to construct a rear yard pool, decks
and patios, re-grade property and a driveway expansion for the property
located at 4 Hillandale Road, Rye Brook, NY, Parcel I.D. 136.21-1-14
• Possible Resolution
Chairman Zuckerman noted that he recused himself as he is a neighbor of the
applicant. He appointed Daniel Tartaglia as Acting Chairman on the application.
Mr. Tartaglia called for a motion and second to open the public hearing.
On a motion made by Amy Schoen, and seconded by Bill Laufer, the public
hearing was opened.
Mr. Nowak, Public Works Superintendent, called the roll:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Acting Chairman Dan Tartaglia Voting Aye
Mr. Tartaglia asked about notification and was advised that the proper mailing had been
made and Mr. Nowak received an affidavit. Mr. Tartaglia personally observed the
signage posted on the property.
Karl Weed, from Ahneman Kirby, LLC, appeared on behalf of the applicants. He began
his presentation by noting that the project entails modification of the driveway. Initially
the plan was to create a circular driveway. This was modified into a turn around area
rather than a circular driveway. The remainder of the project remains the same.
-3-
The stormwater management plan has been modified based on the reduction in the size of
the proposed driveway. The number of Cul-tec units has been reduced. However, the
plan will still meet Village stormwater requirements.
The steep slopes changed slightly in the rear of the property, and the shrinkage of the
driveway and Cul-tec areas in the front yard diminished some of the slopes in the front
yard. The wetlands buffer encroachment remains the same with better than a 2 for 1 ratio
for mitigation plantings proposed.
Mr. Michel Nowak, Village Engineer, noted that the number of Cul-tecs has been
reduced to reflect the reduced impervious surface coverage being proposed. Dolph
Rotfeld, Village Consultant, has reviewed the design of the project, but there are some
minor technical matters that still need to be reviewed, including elevations and grades
and the percolation calculations.
Mr. John Grzan questioned whether the catch basins would catch all of the water from the
impervious surfaces being added. He asked if a swale would be constructed.
Mr. Weed noted that the runoff from the roof is tied into the Cul-tecs and catch basins.
The driveway has basins that will also be directed to the Cul-tec system. Mr. Grzan
asked about a strip of property adjacent to the property line. Mr. Weed felt that a swale
would not catch the water on that portion of the property. The stormwater system will
capture much more stormwater runoff than what is currently captured. There is a good
deal of landscaping on the side of the property Mr. Grzan mentioned. Mr. Weed's
company did the stormwater system on the Olin's property next door. There should not
be any drainage issues between the two properties.
Mr. Grzan asked why the pool equipment is so close to the house and property line. Mr.
Weed responded that the electrical utilities are there and this is an area of the property
that is underutilitzed. Mrs. Lara Feinsod addressed the Board noted that there is a row of
trees that screens their property from the neighbors and the project will not affect the
neighbors. They will be adding additional shrubs there as well to further screen the area.
Mr. Tartaglia asked the Planning Consultant to go through her comments. Ms. Marilyn
Timpone-Mohamed, Village Planning Consultant, addressed the Board. She noted that
the steep slopes area has been reduced from the original plan. This was accomplished by
removing the proposed circular driveway.
The preservation of trees and a tree protection plan has been provided. Five (5) trees will
be removed from the property. There is an additional tree near the garage that was in
question. Mr. Weed noted that the modified plan reflects five (5) trees that are being
removed. Ms. Timpone-Mohamed asked that if the Board takes action tonight, a
condition should be placed regarding the number of trees being removed.
-4-
Ms. Timpone-Mohamed noted that a portion of the pool fence will be in the wetland
buffer area, but the applicants are installing mitigation plantings beyond what is required
for the loss of buffer. Therefore, there is sufficient mitigation provided for the fence
incursion into the wetland.
The exterior lighting is low energy LED light fixtures. The lighting will not cause any
visual impacts to the neighbors.
Mr. Tartaglia asked about stormwater management. Mr. Nowak responded that he hopes
to have a memo from Dolph Rotfeld shortly. He stated that the hydro calculations require
additional review time. The overall design and intent of the stormwater management
plan is accurate.
Mr. Tartaglia called for members of the public wishing to address the Board in support or
opposition to the application.
Annabelle Gamson of 6 Hillandale Road addressed the Board. She questioned the tree
removals and wanted to make sure that removal of trees will not impact her privacy. Mr.
Weed pointed out the trees on the plan that will be removed. He noted that one tree is
diseased and that is the reason for its removal.
Mrs. Feinsod noted that none of the trees along the property line will be removed. The
tree towards the rear of the property that is being removed should not impact the
Gamsons. A significant amount of new plantings will be added in the rear yard. These
plantings will increase the screening on the applicants' property.
Mr. Grzan questioned the efficacy of the landscaping plan because it does not show
plantings around the pool equipment. Ms. Timpone-Mohamed noted that a new
landscape plan had been submitted. The applicant indicated that the pool equipment is
not near the Gamsons' home. The applicants said they will provide additional screening
for the pool equipment. Mr. Nowak confirmed that the pool equipment is about 100'
from the Gamson home.
There being no additional discussion, Acting Chairman Tartaglia called for a motion and
a second to close the public hearing.
On a motion made by Ms. Schoen, and seconded by Mr. Grzan, the public hearing was
closed.
The roll was called:
Domenic Accurso Voting Aye
-5-
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Acting Chairman Dan Tartaglia Voting Aye
Mr. Tartaglia asked for the consensus of the Board members on the application. The
Board discussed the additional screening and the reduction in the number of Cul-tec
units. Having fully vetted the application, Mr. Tartaglia called for the resolution.
Philip Butler, Esq., Village Counsel, read the resolution into the record:
November 13, 2014 APPROVED 5-0—
RESOLUTION
APPROVAL OF SITE PLAN APPLICATION, STEEP SLOPES WORK PERMIT
AND WETLANDS PERMIT IN CONNECTION WITH THE CONSTRUCTION
OF A NEW IN-GROUND SWIMMONG POOL, DECK, PATIO, RELATED
IMPROVEMENTS AND A DRIVEWAY EXPANSION AT 4 HILLANDALE
ROAD
WHEREAS, Karl H. Weed of Ahneman Kirby, LLC, on behalf of Jonathan and
Lara Feinsod (the "Applicants"), has submitted an application for Site Plan approval, a
Steep Slopes Work Permit and a Wetlands Permit to construct a new in-ground
swimming pool, pool deck, pool patio, related improvements, and a driveway expansion
at 4 Hillandale Road in the R-25 zoning district. Said premises being known as Section
21, Block 1, Lot 14 on the Town of Rye Tax Assessor's Map; and
WHEREAS, the Planning Board reviewed the following plans and application
materials in connection with the proposed Application:
1. Revised Exterior Building Permit Application
2. Revised Site Plan Application and Checklist
3. Tree Removal Permit Application
4. Revised Short Environmental Assessment Form
5. Stormwater Pollution Prevention Plan prepared by Ahneman Kirby, Riverside,
C.T. dated June 25, 2014
6. Memorandum to the Planning Board from the Building and Fire Inspector dated
October 28, 2014
7. Memorandum to the Planning Board from the Building and Fire Inspector dated
July 24, 2014
-6-
8. Topographical Survey, prepared by Ahneman Kirby, Riverside, C.T. dated July
11, 2014
9. Engineer's Plans, prepared by Ahneman Kirby, Riverside, C.T.:
Sheet Number Sheet Title Dated
C-1 Cover Sheet 6/18/14 rev.
10/22/14
T-1 Existing Topographic Survey Map 7/11/14
SP-1 Proposed Site Plan 6/18/14 rev.
10/22/14
SP-1 Proposed Site Plan Detail Sheet 6/18/14 rev.
10/22/14
SE-1 Site Sedimentation &
Erosion Control Plan 6/18/14 rev.
10/22/14
SL-1 Existing and Proposed
Steep Slope Plan 6/18/14 rev.
10/22/14
EW-I Existing Water Shed Plan 6/18/14
PW-I Proposed Watershed Plan 6/18/14 rev.
10/22/14
10.Landscape Architect's Plans, prepared by Tramontano and Rowe, Greenwich,
C.T.:
Sheet Number Sheet Title Dated
LA-1 Landscape Development Plan 7/3/14 rev. 10/20/14
LA-2 Deck Layout and Site Details 7/9/14 rev. 10/20/14
11.Memorandum to the Planning Board from the Village Planning Consultant, dated
November 3, 2014
and
WHEREAS, on November 13, 2014, the Planning Board of the Village of Rye
Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined
the proposed action is a Type II Action requiring no additional review under SEQRA;
and
WHEREAS, the Village Planning Consultant, Village staff and the Planning
Board have reviewed the information and submitted comments regarding the Application;
and
-7-
WHEREAS, on November 13, 2014, the Planning Board 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
WHEREAS, the Planning Board closed the public hearing on November 13,
2014; and
WHEREAS, the Planning Board is familiar with the site and all aspects of the
Application.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Planning Board hereby approves the Application referenced herein, upon the following
conditions:
1. The number, species and location of replacement trees for the project shall
be approved by the Village Engineer prior to issuance of a building permit;
2. The applicant shall provide, as part of the approved plans, screening for the
pool equipment to the satisfaction of the Village Engineer; and
3. The Village Engineer shall review and be satisfied with the results of the
drainage report prepared by Dolph Rotfeld's office prior to issuance of a
building permit.
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicants have paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
On a motion made by Ms. Schoen, and seconded by Mr. Grzan, the resolution was
adopted.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Acting Chairman Dan Tartaglia Voting Aye
Chairman Zuckerman called for the next item on the agenda:
2. Review of an Application by Mark Mustacato on behalf of Mr. &
Mrs. Bachmann for Site Plan Approval to construct a single-story addition,
new front porch, rear deck and interior alterations for the property located at
92 Country Ridge Drive, Rye Brook, NY, Parcel I.D. 129.67-1-14
-8-
• Possible Resolution
Chairman Zuckerman asked for a motion to open the public hearing. On a motion made
by Ms. Schoen, and seconded by Mr. Grzan, the public hearing was opened.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
Chairman Zuckerman gave an overview of the application for the Board and members of
the public. Jurisdiction of the Board is predicated on the proposed increase of the gross
floor area by more than 50%. The proposed application required two area variances, both
of which were granted by the Zoning Board of Appeals on November 4, 2014. The
Village Engineer recommended that the need for a new topographical survey be waived.
To date, all planning considerations in Ms. Timpone-Mohamed's planning memorandum
have been addressed.
Mr. Mustacato, architect for the applicants, addressed the Board. He reviewed the
application and noted that there are no trees to be removed and no site lighting to be
installed. The stormwater system for the property will comply with requirements set by
the Village.
Chairman Zuckerman called for members of the public wishing to address the Board in
support or opposition to the application. There being none, he called for a motion to close
the public hearing.
On a motion made by Ms. Schoen, and seconded by Mr. Bill Laufer, the public hearing
was closed. The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
-9-
Philip Butler, Esq., read the following resolution:
November 13, 2014 APPROVED 6-0—
RESOLUTION
APPROVAL OF A SITE PLAN APPLICATION TO CONSTRUCT A SECOND-
STORY ADDITION, A COVERED ENTRY PORCH, A ONE-STORY GARAGE
EXTENTION, A ONE-STORY ADDITION AND A NEW REAR DECK AT 92
COUNTRY RIDGE DRIVE
WHEREAS, Mark Mustacato, AIA, on behalf of Michael and Sarin Bachmann
(the "Applicants"), has submitted an application for Site Plan approval for the
construction of a second-story addition, a covered entry porch, a one-story garage
extension, a one-story addition and a new rear deck at 92 Country Ridge Drive in the R-
15 zoning district. Said premises being known as Section 129.67, Block 1, Lot 14 on the
Town of Rye Tax Assessor's Map; and
WHEREAS, the Planning Board reviewed the following plans and application
materials in connection with the proposed Application:
1. Exterior Building Permit Application
2. Site Plan Application and Checklist
3. Property Survey prepared by Thomas C. Merritts Land Surveyors, P.C.,
Pleasantville, N.Y., dated September 29, 2014
4. Letter to the Village Engineer from Mark Mustacato, RMG Associates, Harrison,
N.Y., dated October 2, 2014
5. Rye Brook Building and Fire Inspector's Zoning Analysis Memorandum to the
Planning Board dated August 18, 2014
6. Architect's Plans, prepared by RMG Associates, Harrison, N.Y.:
Sheet Number Sheet Title Dated
A-1 Zoning Charts and General Notes 6/18/14
A-2 Details and Site Plan 6/18/14 rev. 10/2/14
A-3 Exterior Elevations 6/18/14
A-4 Exterior Elevations 6/18/14
A-5 First Floor Plans 6/18/14
-10-
A-6 Second Floor and Lower Floor Plans 6/18/14
and
WHEREAS, on November 13, 2014, the Planning Board of the Village of Rye
Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined
the proposed action is a Type II Action requiring no additional review under SEQRA;
and
WHEREAS, the Village Planning Consultant, Village staff and the Planning
Board have reviewed the information and submitted comments regarding the Application;
and
WHEREAS, on November 13, 2014, the Planning Board 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
WHEREAS, the Planning Board closed the public hearing on November 13,
2014; and
WHEREAS, the Planning Board is familiar with the site and all aspects of the
Application.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Planning Board hereby approves the Application referenced herein; and
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicants have paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
On a motion made by Ms. Schoen, and seconded by Mr. Laufer, the resolution was
adopted.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
-11-
Chairman Zuckerman called for the next application on the agenda.
3. Review of an Application by Mr. & Mrs. Randall for Site Plan Approval to
re-grade the rear yard and construct retaining walls, for the property located
at 130 North Ridge Street, Rye Brook, NY, Parcel I.D. 135.51-43
• Possible Resolution
Chairman Zuckerman gave an overview of the application. He added that
jursidication of the Board is predicated on the property being in the Scenic Roads
Overlay District and the need for a Steep Slopes Work Permit.
Chairman Zuckerman called for a motion opening the public hearing. On a
motion made by Ms. Schoen, and seconded by Mr. Laufer, the public hearing was
declared open.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
Mr. & Mrs. Randall have experienced stormwater runoff coming from various properties
to the west and north sides of their house. They have proposed a stormwater
management plan which includes a Cultec system and retaining walls to divert the water
flow. Negliable new impervious surface coverage (from the retaining walls is being
added to the property.
Ms. Timpone-Mohamed, Village Planning Consultant, noted that there were some
outstanding items that needed to be addressed, and the applicant has provided revisions to
the plans. The Village received a new topographical survey. The applicant has
redesigned the walls to balance the cut and fill, meaning that any soil removed will be
used to re-grade the property. There is a 1,348-square-foot disturbance of steep slopes in
total. She believes this to be the minimum amount of disturbance necessary to meet the
applicant's needs. Ms. Timpone-Mohamed had no further comments.
-12-
Mr. Nowak noted that the site plan has been reviewed by Dolph Rotfeld's office. No
objection to the plan or the site and storm water management design has been received.
The walls and terraces are used to redirect the water around the house. The project does
not require dry wells by Code because the additional impervious surface coverage added
is under 400 square feet, but the applicant is adding them anyway. Erosion control has
been addressed by the landscape architect.
Chairman Zuckerman asked Mr. Nowak if this work will affect any of the neighbors. Mr.
Nowak explained that the applicants are proposing to redirect the water flow around the
home and away from their property. The applicants are not adding significant areas of
impervious surfaces or increasing the amount of storm water runoff. There will be a net
decrease in the runoff because a portion will be collected by dry wells and drains.
Mr. Accurso confirmed that the new survey that was received by the Village was sent
today. He confirmed that the review of the application was based on the new survey and
not the older one.
Chairman Zuckerman called for members of the public wishing to address the Board in
support or opposition. Phyllis Fratarcangeli of 147 North Ridge Street addressed the
Board. She argued that her property is most affected by this work. She never heard of
flooding on the Randall's property until now. A drywell will be constructed directly
across from her home and it causes her concern. When resurfacing her driveway she was
warned that water drainage cannot be aimed towards a neighbor's property. She felt that
this application was doing just that. She noted that she was hit with a $10,000 loss during
storm Irene in 2011. She read a letter written to Rob Astorino into the record. She noted
that she had difficulty with the drain. The water comes from her neighbor's property and
the street is sloping towards her house.
There being no further comments from the public, Chairman Zuckerman called for a
motion to close the public hearing.
On a motion made by Ms. Schoen, and seconded by Mr. Grzan, the public hearing was
closed.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
-13-
Attorney Butler read the following resolution:
November 13, 2014 APPROVED 6-0—
RESOLUTION
APPROVAL OF A SITE PLAN APPLICATION AND STEEP SLOPES WORK
PERMIT IN CONNECTION WITH THE CONSTRUCTION OF NEW
RETAINING WALLS, RE-GRADING OF LAND AND INSTALLATION OF
STORMWATER MANAGEMENT STRUCTURES AT 130 NORTH RIDGE
STREET
WHEREAS, Chris Tramutola, Landscape Architect, on behalf of Martin and
Stephanie Randall (the "Applicants"), has submitted an application for Site Plan approval
and Steep Slopes Work Permit in connection with the construction of new retaining
walls, re-grading of the rear yard and installation of stormwater management structures at
130 North Ridge Street in the R-12 zoning district. Said premises being known as
Section 135.51, Block 1, Lot 43 on the Town of Rye Tax Assessor's Map; and
WHEREAS, the Planning Board reviewed the following plans and application
materials in connection with the proposed Application:
1. Site Plan Application and Submittal Checklist
2. Fence/Wall/Gate Permit Application
3. Short Environmental Assessment Form
4. Topographic Survey, prepared by Badey and Watson, P.C., Cold Spring, N.Y.
dated September 24, 2007, revised September 28, 2007
5. Landscape Architect's Plans, prepared by Alloy Landscape Architecture,
Brooklyn, N.Y.:
Sheet Number Sheet Title Dated
L-T Title Sheet 6/18/2014 rev.10/30/2014
L-Z Zoning Plan 6/18/2014 rev.10/30/2014
L-50 Existing Conditions Plan 6/18/2014 rev.10/30/2014
L-51 Contact Sheet 6/18/2014 rev.10/30/2014
L-100 Removals Plan 6/18/2014 rev.10/30/2014
-14-
L-200 Materials Plan 6/18/2014 rev.10/30/2014
L-300 Grading and Drainage Plan 6/18/2014 rev.10/30/2014
L-301 Slope Analysis Plan 6/18/2014 rev.10/30/2014
L-400 Planting Plan 6/18/2014 rev.10/30/2014
L-500 Site Details 6/18/2014
L-501 Site Details 6/18/2014
and
WHEREAS, on November 13, 2014, the Planning Board of the Village of Rye
Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined
the proposed action is a Type II Action requiring no additional review under SEQRA;
and
WHEREAS, the Village Planning Consultant, Village staff and the Planning
Board have reviewed the information and submitted comments regarding the Application;
and
WHEREAS, on November 13, 2014, the Planning Board 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
WHEREAS, the Planning Board closed the public hearing on November 13,
2014; and
WHEREAS, the Planning Board is familiar with the site and all aspects of the
Application.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Planning Board hereby approves the Application referenced herein; and
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicants have paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
There were no conditions placed on this approval.
Discussion on the Resolution:
Mr. Laufer questioned if the re-grading will shift the water towards the neighbor's home.
Mr. Nowak responded that the sheet flow will be directed around the house, to the north
and south sides, towards the drywells. In addition, there are some curtain drains on the
south and north sides to infiltrate additional flow.
-15-
Chairman Zuckerman questioned, again, whether this work would adversely affect the
neighbors. The response to that question was that it would not. There have been
engineering studies done to confirm that, for most storms, the runoff would be retained
on the property.
Mr. Accurso asked about a note on the plans. The applicant's representative confirmed
that the drains lead onto the Randall's front yard. If there is overflow, it will puddle on
the Randall's front yard. There is no calculation since there is an insignificant amount of
impervious surfaces being added. However, he assumed a two-year 24-hour storm which
is the standard for much of Westchester County.
Mr. Nowak noted that Rye Brook has a stricter stormwater Code than other
municipalities. Per Rye Brook's Code, this applicant is not required to install a
stormwater management system. The applicant has proposed mitigation and, in essence,
is reducing the net amount of runoff from the site. Mr. Accurso expressed concern that
the front yard could overflow. Mr. Nowak noted that this property is bordered by a road
that is higher than the front yard. The front yard is a depressed area. There is a storm
drain about 30' from the house. The runoff runs south. Any sheet flow escaping the
property will head south into the storm drain.
Dan Tartaglia added that he has never seen stormwater cross the street.
On a motion made by Ms. Schoen, and seconded by Mr. Grzan, the resolution was
approved.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
Chairman Zuckerman called for the next application on the agenda.
CONTINUED BUSINESS:
1) Review of an Application by Frank Madonna for approval of a Site Plan,
Subdivision (Lot Merger) and a Petition for Re-zoning and Zoning Code
Amendments, to construct a mixed use Multi-Family/Retail Building on
property located at 80 Bowman Ave, Rye Brook, NY, Parcel I.D. 141.27-1-
26,31,32
-16-
Chairman Zuckerman called for a review of the application. He noted that the applicant
revised the sketch plan reviewed in August. The application proposes a three-story
mixed use building with 19 units, retail space and 44 parking spaces. The components of
the application are site plan approval and a lot merger, on which the Planning Board is
the approval authority. The applicant requests that the property be re-zoned back to C-1.
The applicant filed a petition for re-zoning with the Board of Trustees, which has referred
the petition to the Planning Board for report and recommendation.
At the October meeting, the Planning Board authorized circulation of a notice of intent to
be lead agency pursuant to SEQRA. However, the notice has not yet been circulated.
Chairman Zuckerman asked that Ms. Timpone-Mohamed review the SEQRA
classifications and her reasons for classifying the application as an Unlisted Action. Ms.
Timpone-Mohamed gave a general overview of the classifications under SEQRA. After
classification is made and the Board is the lead agency, after circulation of the notice of
intent, the Board must look at all of the information provided by the applicant and must
make a determination of environmental significance. If the application is likely to result
in one or more adverse environmental impacts, a positive declaration is declared and an
environmental impact statement must be prepared. If the project will not result in any
adverse environmental impacts or if the application is modified to eliminate minor
impacts, then the Board can adopt a negative declaration, which will end the SEQR
review process. The Board and other involved agencies can then go on to act on the site
plan and the other approvals.
The notice of intent has not yet been circulated because the applicant was asked to
provide a long form EAF. Those materials were recently received.
The Board discussed SEQRA procedure and the proposed notice of intent prepared by the
Planning Consultant. Mr. Tartaglia opined that the project is not a Type I or Type 11
Action.
Chairman Zuckerman asked if the applicant has reviewed the Planning Consultant memo.
Mr. Federico indicated that he had not read the memorandum.
Chairman Zuckerman indicated to the applicants that, going forward, the Planning Board
will want to see the application modified to reduce the need for variances to comply with
zoning and so it will conform to the Comprehensive Plan.
Mr. Grzan opined that the Board of Trustees should be the lead agency on this application
since it must approve the zone change. Chairman Zuckerman indicated that the Board of
Trustees will get the notice of intent. If it prefers to be lead agency on the application, it
can let its desire known and challenge the Planning Board's lead agency status.
-17-
Mr. Accurso asked for a list of the agencies that will receive the notice of intent. Ms.
Timpone-Mohamed responded. Mr. Tartaglia added that the Planning Board is most
frequently the lead agency, even on larger projects. Ms. Timpone-Mohamed added that
the Board of Trustees looks to the Planning Board for a report and recommendation, so it
is logical that the Planning Board be the lead agency on the whole project.
Chairman Zuckerman noted that the subject property will revert to C-1 zoning
automatically in November, 2015, if nothing else is done.
Mr. Federico noted that he made bulk recommendations for the site, which were
submitted to the Board of Trustees in the petition. Ms. Timpone-Mohamed indicated that
she provided comments on the petition in her memorandum. She provided Mr. Federico
with a hard copy of her memorandum.
Mr. Federico reviewed the updates to the plan. He asked about the required density for
the project. He said that issue is not in the Comprehensive Plan. Mr. Tartaglia asked for
the density in the C-1 zone. Mr. Timpone-Mohamed explained that the Comprehensive
Plan contemplates redevelopment of the C-1 zone as a mixed use zone with commercial
and residential uses. The zone changes that would allow this project to be built will
allow other properties to be similarly redeveloped. She added that the proposed location
of the building and the amount of parking are not in conformity with the Comprehensive
Plan. The Board need not change the FAR for the C-1 zone. It can keep it at 1.0 and that
could be sufficient. The density of 19 proposed apartments is not advisable and requires
too much parking for the site.
Ms. Schoen asked about construction issues relating to the proposed third floor. Ms.
Timpone-Mohamed stated that those are state fire prevention and building code
requirements, which will need to be satisfied.
Mr. Tartaglia asked what the constraint on density will be. Mr. Timpone-Mohamed said
the current FAR of 1.0 should be a working stating point. Changing the setbacks should
also be considered to bring the buildings up to the street. If enacted these bulk
requirements would apply to all properties in the C-1 zone.
Mr. Tartaglia said he disfavors changing the zoning because it will make other properties
non-conforming uses. Mr. Tartaglia and Chairman Zuckerman expressed possible
disagreement. Chairman Zuckerman said it may be necessary to create a new zoning
district for this project. Mr. Grzan said that the adoption of the Comprehensive Plan
should be a catalyst for changing the zoning anyway. Chairman Zuckerman agreed and
added that this is the first application coming before the Board since adoption of the
Comprehensive Plan.
-18-
Chairman Zuckerman asked Ms. Timpone-Mohamed to prepare a zoning map of the C-1
zone and a list of properties explaining what exists in the C-1 zone. Ms. Timpone-
Mohamed indicated that this information is available in the Comprehensive Plan files.
Chairman Zuckerman asks applicant to show the Board a revised site plan showing the
proposed building closer to the front property line on Bowman Avenue.
Chairman Zuckerman called for the next application on the agenda.
The application was adjourned to December 11, 2014.
NEW BUSINESS:
1) Review of an application by Ridge Street Rye Brook LLC for an Amendment
to the Special Use Permit, to modify the hours of operation for the property
located at 79 South Ridge Street (aka 93 South Ridge Street), Rye Brook NY,
Parcel I.D. 141.27-1-13
This application is a request to amend the Special Use Permit for the Shell Gas
Station to increase its hours of operation.
Leo Napier, attorney for the applicant, addressed the Board. This matter was referred
to the Planning Board by the Board of Trustees. He gave a brief overview of the
application. Just the pumps will be affected by the increased hours. There is no
proposal for a canopy over the pumps. The applicant would like to extend the hours
later into the night as well. They would like the same hours as the Rye Ridge
Shopping Center. The existing repair bays will continue to operate on the premises.
There will not be a convenience store. The applicant doesn't know if a convenience
store is a permitted or special use at this time. There are usually approximately three
or four employees on site.
Ms. Schoen asked for clarification on the repair shop as opposed to body work. There
is a parking lot on the site.
Chairman Zuckerman asked about the parking on the premises. Mr. Napier confirmed
there is a parking lot but indicated there is no vehicle storage. Mr. Tartaglia disagreed
and explained that there are several trucks and passenger vehicles without license
plates being kept on the property. Mr. Napier was not aware of any violations, but
indicated he would discuss the matter with his client.
Chairman Zuckerman asked about the conformity of the application with the
Comprehensive Plan. Marilyn Timpone-Mohamed opined that the Comprehensive
Plan envisions a mixed use, commercial and residential zone. It does not contemplate
-19-
disruption of the street wall by service stations. Over time, these uses will be phased
out by further changes in zoning or by attrition.
Mr. Tartaglia asked about possible remedial work on the property over the summer.
Mr. Napier was unfamiliar with the work. Mr. Nowak indicated that the pumps and
piping were upgraded.
Mr. Laufer noted that the application is to open the gas station two hours earlier. He
asked if opening the pumps two hours earlier will affect traffic. Ms. Timpone-
Mohamed indicated that assuming additional services are not being offered, it should
not. Mr. Tartaglia explained that the pumps open now at 8AM, which causes a line of
cars in the height of rush hour. Opening the pumps earlier might help the situation.
Mr. Grzan agreed an earlier opening time is a good idea.
Chairman Zuckerman directed the Board's attention to the prior approval for the
hours of operation for the Mobile Station formerly located across the street. He felt
that the hours of operation should mirror what was approved for the Mobile Station
and that was 6:00 a.m. to 9:00 p.m. Monday thru Saturday, and 8:00 a.m. – 7:00 p.m.
on Sundays. Mr. Grzan concurred.
Chairman Zuckerman then reviewed a list of conditions, suggested by Mr. Tartaglia,
which he felt should be included in the amended Special Permit approval. Mr. Grzan
indicated that many of these conditions were in the original approval for the Special
Permit. Therefore it is a matter of enforcement. The Chairman explained that the
conditions should be carried over. Mr. Tartaglia added that the conditions have been
re-worded.
The Board discussed parking on the premises. Mr. Tartaglia reviewed the parking
requirements under the Code. Chairman Zuckerman noted that if the conditions on
the Special Permit approval are followed, the parking on the property would be
sufficient.
Chairman Zuckerman asked for the resolution to be read.
Attorney Butler read the following resolution.
November 13, 2014 APPROVED 6-0—
RESOLUTION
AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO
THE BOARD OF TRUSTEES ON A PROPOSED SPECIAL PERMIT
-20-
AMENDMENT FOR PROPERTY AT 79 SOUTH RIDGE STREET (AKA 93
SOUTH RIDGE STREET)
BE IT RESOLVED, that the Rye Brook Planning Board hereby adopts the
attached Report and Recommendation to the Rye Brook Board of Trustees on a proposed
Special Permit Amendment modifying the hours of operation for the gas station located
at 79 South Ridge Street (aka 93 South Ridge Street).
-21-
REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING
BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON A PROPOSED
SPECIAL PERMIT AMENDMENT FOR PROPERTY AT 79 SOUTH RIDGE
STREET (AKA 93 SOUTH RISGE STREET)
APPLICATION OVERVIEW
The Rye Brook Board of Trustees (the "BOT") is currently considering an
application by Ridge Street Rye Brook, LLC for approval of an amendment to the
existing Special Use Permit for the gas station located at 79 South Ridge Street (aka 93
South Ridge Street) to increase the hours of operation for the property from 8:00a.m.-
9:00p.m. to 6:00a.m.-9:00p.m. seven days a week. On October 15, 2014, the BOT
referred the application to the Planning Board for consideration and for a report and
recommendation thereon.
DISCUSSION
The Planning Board members reviewed and discussed the application at the
Planning Board's meeting on November 13, 2014, at which time the Village staff and
Village consultants also provided input.
RECOMMENDATIONS
Based on discussions as its November 13, 2014 meeting, the Planning Board
hereby recommends that the BOT approve the application, with the following
recommendations:
Planning Board
November 13,2014
Page 22
I. The Board, in preparation of this Report and Recommendation, has reviewed
the Special Use Permit and the amendment thereto for the gas station formerly
located across the street at 105 South Ridge Street (now TD Bank). That
permit, as amended, granted hours of operation of 6:OOAM to 9PM, Monday
through Saturday, and 8:OOAM to 7:OOPM on Sundays. The Board, therefore,
recommends that the same hours of operation be approved for the instant
Special Use Permit for 79/93 South Ridge Street.
2. The Board recommends that the following additional conditions be imposed
and/or restated on the amended Special Use Permit as these conditions, or
similar conditions, were placed on the original Special Use Permit granted for
the premises:
a. Except as set forth in condition (b.), there shall be no overnight storage
of motor vehicles, trucks, trailers, recreational vehicles, boats, snow
mobiles, or personal watercraft on the premises outside of the building.
b. No vehicle which is waiting for service or which has been serviced in
the service bays on the premises shall be parked there for a period
exceeding 48 hours. This restriction shall not apply to vehicles parked
inside the service bays.
c. The lease or rental of utility trailers, rental trucks and automobiles on
the premises is prohibited.
d. The washing or detailing of vehicles on the premises is prohibited.
e. Auto-body work on the premises is prohibited.
f. Gasoline tanker trucks making deliveries to the premises shall not
obstruct the public right-of-way or sidewalks.
Dated:Rye Brook, New York
November 13, 2014
APPROVED AT THE NOVEMBER 13, 2014 MEETING OF THE RYE BROOK
PLANNING BOARD BY A VOTE OF 6- to -0
Planning Board
November 13,2014
Page 23
ACCEPTING THE REPORT AND RECOMMENDATION:
Ayes: ACCURSO, GRZAN, LAUFER, SCHOEN, TARTAGLIA,
ZUCKERMAN
Nays:
Abstain:
Excused: GOODMAN
APPROVING THE REFERRAL RESOLUTION:
Ayes: ACCURSO, GRZAN, LAUFER, SCHOEN, TARTAGLIA,
ZUCKERMAN
Nays:
Abstain:
Excused: GOODMAN
On a motion made by Ms. Schoen, and seconded by Mr. Grzan, the resolution was
approved.
The roll was called:
Domenic Accurso Voting Aye
John Grzan Voting Aye
Bill Laufer Voting Aye
Amy Schoen Voting Aye
Dan Tartaglia Voting Aye
Chairman Zuckerman Voting Aye
There being no further business before the Board, the meeting was adjourned at 9:55 p.m.
Planning Board
November 13,2014
Page 24
VILLAGE OF RYE BROOK
PLANNING BOARD
VILLAGE HALL, 938 KING STREET
Thursday, December 11, 2014 - 7:30 p.m.
AGENDA
PLEDGE OF ALLEGIANCE
ROLL CALL
MINUTES
PUBLIC HEARING
CONTINUED BUSINESS:
1. Review of a Site Plan Application by Frank Madonna for approval to construct a
mixed use multiple dwelling on property located at 80 Bowman Ave, Rye Brook,
NY, Parcel I.D. 141.27-1-26, 31, 32
NEW BUSINESS:
2. Review of an application by 8 Edgewood, LLC, (Frank Chiarello) for approval of
a Site Plan, and a Wetlands Permit to tear down an existing home and construct a
new single-family dwelling on property located at 8 Edgewood Drive, Rye Brook,
NY, Parcel I.D. 135.28-1-28
3. Review of an application by George and Melissa Wood for approval of a Site
Plan, and a Steep Slopes Work Permit to expand the second floor and add a
retaining wall to an existing single-family dwelling on property located at 25
Lincoln Ave, Rye Brook, NY, Parcel I.D. 135.65-1-46
LOCAL LAW CONSIDERATION:
4. Consideration of a referral from the Village Board of Trustees of amendments to
Chapters 217 and 250 of the Code of the Village of Rye Brook regarding
impervious surface coverage.
ACTION ON NON-AGENDA MATTERS
THE NEXT PLANNING BOARD MEETING: January 8, 2015
Planning Board Meeting
Page 1
December 11,2014
BOARD: Domenic Accurso, Jr.
Robert Goodman
John Grzan
Bill Laufer
Amy Schoen
Dan Tartaglia
Gary J. Zuckerman, Chairman
STAFF: Michael Nowak, Superintendent of Public Works/Village Engineer
Marilyn Timpone-Mohamed, Village Planning Consultant
Phillip Butler, Esq., Village Counsel
BOARD OF
TRUSTEES
LIAISON: David Heiser
The meeting was opened with the Pledge of Allegiance. Gary Zuckerman, Chairman,
welcomed everyone to the December 11, 2014 Planning Board meeting. He introduced
the Board, Village Staff and Consultants. He asked that all cell phones be turned off for
the duration of the meeting and instructed anyone addressing the Board to do so from the
podium. It was noted that Planning Board meeting information can be found on the
Village's website. That information includes agendas, and documents used by the
Planning Board in their deliberations, and streaming videos of the meetings.
Chairman Zuckerman called for the first matter on the agenda:
CONTINUED BUSINESS:
1. Review of a Site Plan Application by Frank Madonna for approval of a Site
Plan to construct a mixed-use multiple dwelling on property located at 80
Bowman Ave, Rye Brook, NY, Parcel I.D. 141.27-1-26, 31, 32
Chairman Zuckerman noted that the application involved several different actions. A
subdivision (lot merger), application and a site plan application, for which the Planning
Board is the approval authority, and a rezoning petition, for which the Board of Trustees
is the approval authority and the Planning Board will provide a report and
recommendations to the Trustees. The applicant's new submission was a revised site plan
submitted in response to some of the comments received from the Planning Board,
Village staff and the Village planning consultant. The notice of intent to be lead agency
for review of the project under SEQRA was circulated on November 18, 2014.
Planning Board Meeting
Page 2
December 11,2014
Anthony Federico, architect for the applicant, addressed the Board. He noted that two
memos were received; one from Mr. Izzo, Building Inspector and one from Mrs.
Timpone-Mohamed, Village Consultant. He explained why the building was initially
proposed with the residential entrance on Barber Place, and parking for the convenience
of patrons and for handicapped accessibility of the ground-floor retail space proposed on
the Bowman Avenue frontage of the property.
Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant from the firm of F.P.
Clark Associates, addressed the Board regarding the parking area along Bowman
Avenue, which was inconsistent with the Rye Brook Comprehensive Plan
recommendations. To make the area more pedestrian friendly, the Comprehensive Plan
recommends locating parking in the rear of lots, and locating the mixed use buildings
closer to the street. The revised plan reduces the number of code revisions necessary to
allow the project to be built under the Cl District regulations. Also discussed was the
floor area ratio (FAR) of the CI zone, density, and required open space and the ways
these items could be revised in the C1 zone to accommodate the mixed use project. It
was noted that the project is the first mixed-use building application submitted after
adoption of the Comprehensive Plan.
Chairman Zuckerman felt that it would be appropriate to set up a sub-committee and
work sessions with the Applicant, and then work sessions with the full Planning Board to
resolve the site plan issues and explore alternatives to the proposed site plan. This was
also the consensus of the Planning Board. A sub-committee that included a
representative from the Board of Trustees, three members of the Planning Board, the
planning consultant, the building inspector, and the Village attorney was formed and the
matter was adjourned to the February 12, 2015 Planning Board meeting.
Chairman Zuckerman called for the next matter on the agenda. He noted that he would
recuse himself from review of the next application and Mr. Robert Goodman would be
acting chairman for the review.
NEW BUSINESS:
2. Review of an Application by 8 Edgewood, LLC, (Frank Chiarello) for Site
Plan approval, and a Wetlands Permit to tear down an existing home and
construct a new single-family dwelling on the property located at 8 Edgewood
Drive, Rye Brook, NY, Parcel I.D. 135.28-1-28.
Planning Board Meeting
Page 3
December 11,2014
Mr. Goodman confirmed receipt of the Village consultant's memo by the applicant. The
architect for the applicant reviewed the proposed project, including the wetlands, and the
details of the project.
The proposed front-yard and site yard setbacks were reviewed, as well as the location of
the wetlands on the property, and the front yard and side height/setback ratio variances
that would be required to accomplish the construction and meet the applicant's needs. A
stormwater management plan was submitted. Catch basins are proposed.
Mrs. Timpone-Mohamed, Village Consultant, reviewed the application. An important
issue is moving the building envelope forward. The house as it stands now is 91 feet
from the front property line; and the proposed home would be 78 feet from the front
property line. She recommended that the building and site plans be revised to eliminate
the need for the side height/setback ratio variance as this variance is not related to
keeping the new home out of the wetland as the front yard variance is. She also noted
that the property is within 2,000 feet of a remediated hazardous materials site for which
more information should be provided. She clarified that elemental mercury was found on
a nearby property at 55 Hillandale. Regarding wetlands, she pointed out that the entire
project would be built within the wetland buffer. Therefore, mitigation for loss of buffer
should be included in the plans. The property would be re-graded and a 24" diameter
Maple Tree would be removed. An exterior lighting plan should be provided.
Mr. Goldner, a resident of the area addressed the Board, questioning how deep into the
property the project will go. He noted that there is ponded water in the rear of the lot
behind the current home. Acting Chairman Goodman noted that a public hearing would
be held on the matter. Mr. Goldman's comments were considered educational for the
applicant. It was noted that this area floods after a good rain.
Mr. Accurso requested that the applicant submit a revised plan that includes the
applicable flood zone for the property.
The Board discussed basements for homes in the area. The applicant's consultant stated
that the current home has a sump pump to handle basement flooding during a heavy rain.
The submission must be complete and must respond to all questions raised by the Board,
Consultants, and staff. Also to be addressed is mitigation for loss of wetland buffer. The
wetland is a sloped wetland. It was noted that the wetland is not being disturbed but
rather only the buffer. Additional shrub or tree plantings, which were recommended,
would slow the water running down the rear-yard slopes, allowing more of the run-off to
infiltrate into the ground. Landscaping that traps and holds water should be planted.
Planning Board Meeting
Page 4
December 11,2014
Dolph Rotfeld, Village Engineering Consultant, will review drainage and stormwater
management.
The two variances needed are a front yard setback variance and a side height/setback
ratio variance for one side of the home. The side yard variance is self-created by the
design of the home, the size of the home. The application for variances must be heard by
the Zoning Board of Appeals (ZBA) and the Board discussed whether the application
should be sent to the ZBA immediately. The applicant stated that the plan would be
reviewed and modified with respect to eliminating the side height/setback ratio variance.
The consensus of the Planning Board was for the applicant to present its case to the
Zoning Board of Appeals; then return to the Planning Board for site plan approval. The
applicant was requested to submit a slope analysis.
It was noted that information regarding the hazardous material remediation on the
property was in the public record of the New York State Department of Environmental
Conservation and can easily be obtained by the applicant. The remediation work started
at 55 Hillandale and continued outward and down-gradient to other properties. The
Village was not party to the remediation. The applicant must review and provide the
additional information requested. The applicant must substantiate that their site is clean
and was be required to work with the Village's consultants to complete the information
for the environmental assessment.
Philip Butler, Esq., Village Counsel, was called upon to read the resolution: One
condition in the resolution was removed at the request of the Board. Attorney Butler
reviewed the resolution for the Board. It was noted that the size of the house may affect
the steep slopes on the property. The Zoning Board of Appeals will determine if the
requested variances are the minimum variances needed and if there is a need for the side
height/setback variance.
Mr. Accurso felt that the referral to the Zoning Board was premature as there were many
outstanding items in the application. The applicant agreed to look at the height/setback
ratio non-conformity. No recommendations to the Zoning Board were made, rather
considerations were listed.
The resolution was further reviewed and revised and the changes were summarized by
the Village counsel. On a motion made by Mrs. Schoen and seconded by Mr. Laufer the
role was called and the resolution was approved.
Planning Board Meeting
Page.5
December 11,2014
December 11, 2014 APPROVED: 4-2
RESOLUTION
REFERRING AN APPLICATION TO THE RYE BROOK ZONING BOARD OF
APPEALS FOR APPROVAL OF A SITE PLAN TO DEMOLISH AN EXISTING
SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE AT 8 EDGEWOOD DRIVE
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Charlie Brown, on behalf of Frank Chiarello (the "Applicant"), has
submitted an Application for Site Plan approval to demolish an existing single-family
residence and to construct a new single-family residence at 8 Edgewood Drive in the R-
25 zoning district. Said premises being further identified as Section 135.28, Block 1, Lot
28 on the Town of Rye Tax Assessor's Map; and
WHEREAS, Village Code §250-19.1.J(2) prescribes a maximum side yard
height/setback ratio of 1.30; and
WHEREAS, the Applicant proposes construction of a new single-family
residence with a side yard height/setback ratio of 1.80 on the south elevation of the new
home, requiring a side yard height/setback ratio variance of 0.50; and
WHEREAS, Village Code §250-19.1.G.(1)(a)[1] requires a minimum front yard
setback of 158.75 inches; and
WHEREAS, the Applicant proposes construction of a new single-family
residence with a front yard setback of 77.2, requiring a front yard setback variance of
81.55 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 sections of the Village Code; and
WHEREAS, the Planning Board reviewed and considered the Application at its
December 11, 2014 meeting, including the Planning Memorandum prepared by Frederick
P. Clark Associates, dated December 9, 2014; and
Planning Board Meeting
Page 6
December 11,2014
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:
• The need for the front yard setback variance given the extensive wetlands
on the property.
• Whether the design of the proposed residence can be modified to reduce or
eliminate the need for the side yard height/setback ratio variance.
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 required variances.
Mr. Michel Nowak, Superintendent of Public Works, called the roll:
Domenic Accurso, Jr. voting nay
Robert Goodman voting aye
John Grzan voting nay
Bill Laufer voting aye
Amy Schoen voting aye
Daniel Tartaglia voting aye
Gary J. Zuckerman, Chairman recused
Adopted by four ayes and two nays.
The consensus of the Board was to adjourn the application to the January 2015 Planning
Board meeting and for the applicant work with the planning consultant to provide all the
additional information requested.
Chairman Zuckerman returned to the Board and thanked everyone for their attention to
the 8 Edgewood matter. He called for the next item on the agenda:
Planning Board Meeting
Page 7
December 11,2014
3. Review of an application by George and Melissa Wood for approval of a site
plan and Steep Slopes Work Permit to expand the second floor and add a
retaining wall to an existing single-family dwelling on the property located at
25 Lincoln Ave, Rye Brook, NY, Parcel I.D. 135.65-1-46
Chairman Zuckerman reviewed the proposed construction for the Board and members of
the public. This property is in the Scenic Road Overlay District and several variances
will be requested of the Zoning Board. The house was conforming at the time of the
construction.
Sam Vieira, the project architect addressed the Board. He noted that Mr. Wood, the
owner, was also in attendance. The second floor of the home has two very small
bedrooms. The intent is to push up the roof and expand the second floor. The project is
in the R-10 District, and the Scenic Road Overlay District that has increased front-yard
setbacks. The garage is small and would be enlarged into the front yard setback 5 1/2
feet. Increasing the width of the garage for two cars requires increasing the width of the
driveway. The yard behind the house is very small and steeply sloped. The current 2,300
square-foot home would be increased by 594 square feet to 2,973 square feet. The steep
slope area to be disturbed to create more level useable area would need a one to four-foot
high retaining wall to limit the disturbance to the slope.
Mrs. Timpone-Mohamed noted that the applicant submitted a topographic survey before
the meeting. The Building and Fire Inspector's analysis found that four variances are
required by the project. These variances are the result of moving the house closer to the
street, and the second floor addition. She believed the variances to be reasonable. She
noted a situation where construction will be done within the drip line of one existing tree.
She recommended moving the wall outside of the drip line or removing and replacing the
tree. The recommendations for site lighting were briefly discussed, and she requested that
a revised landscape plan be submitted to reduce the impact of the larger parking court.
It was asked if the expanded house would be in scale with the other homes in the
neighborhood. Mrs. Timpone-Mohamed responded that expanded house would not be
out of scale with the other homes nearby. She pointed out that the houses on the same
side of the street are all closer to the road than the homes on the other side.
Mr. Grzan asked if the home owners considered moving the home back by 8 feet to
comply with the front setback requirement. The Board discussed interpretation of the
Code, which the Zoning Board of Appeals has the right to do.
Planning Board Meeting
Page 8
December 11,2014
Chairman Zuckerman proposed that the application be sent to the Zoning Board of
Appeals with a revision to the referral resolution regarding the Scenic Road Overlay
District. Attorney Butler reviewed the proposed change to the comment section of the
resolution.
Mr. Vieira noted that the driveway will be widened to meet the needs of a two-car garage
entrance and that it is not a parking court. The Board discussed the driveway and parking
on the property concluding that the Zoning Board would make the determination.
Mr. Accurso asked if there would be any restoration of the stone wall located along the
front of the property. Chairman Zuckerman noted that the wall would be reviewed at the
public hearing along with the landscaping plan when the application comes back to the
Planning Board.
On a motion made by Amy Schoen, and seconded by Domenic Accurso, the referral
resolution to the Zoning Board of Appeals was approved, as amended.
Attorney Butler was asked to read the amended referral resolution:
December 11, 2014 APPROVED: 7-0
RESOLUTION
REFERRING AN APPLICATION TO THE RYE BROOK ZONING BOARD OF
APPEALS FOR APPROVAL OF A SITE PLAN TO CONSTRUCT A TWO-
STORY ADDITION, SECOND-STORY ADDITION AND A DRIVEWAY
EXPANSION AT 25 LINCOLN AVENUE
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Samuel F. Vieira, on behalf of George and Melissa Wood (the
"Applicants"), has submitted an Application for Site Plan approval to construct a two-
story side addition, a second story addition and a driveway expansion at 25 Lincoln
Avenue in the R-10 zoning district. Said premises being further identified as Section
135.65, Block 1, Lot 46 on the Town of Rye Tax Assessor's Map; and
WHEREAS, said premises is located within the Scenic Roads Overlay District;
and
Planning Board Meeting
Page 9
December 11,2014
WHEREAS, Village Code §250-7.F(6)(c) requires a minimum thirty-five-foot
wide vegetative buffer in the front yard of properties within the Scenic Roads Overlay
District; and
WHEREAS, the Applicant proposes a second-story addition with a proposed one
(1) foot incursion into the vegetative buffer, a two-story side addition with a proposed
five (5) foot incursion into the vegetative buffer, and a driveway expansion with a
proposed 10 foot incursion into the thirty-five-foot wide vegetative buffer, requiring
vegetative buffer variances of one-foot, five-feet and a 10-feet, respectively; and
WHEREAS, Village Code §§ 250-22.F(1) and 250-7.F(6)(b) require a minimum
front yard setback of 45 feet on the subject property; and
WHEREAS, the existing residence on the property provides a front yard setback
of 34 feet, requiring an 11-foot front yard setback variance; 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 11, 2014 meeting, including the Planning Memorandum prepared by Frederick
P. Clark Associates, dated December 10, 2014; 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:
• The proposed site and building plans will require four area variances from
the Zoning Board of Appeals. All of the nonconformities are the result of
the fact that the home, though conforming at the time of construction, was
built before the SROD regulations increasing the minimum front yard were
adopted. Other than the installation of the driveway expansion, the
proposed construction would not create any additional nonconformities on
the lot. Therefore, with the exception of the driveway expansion, it is our
opinion that there would not be planning or environmental issues created if
the other requested variances are granted.
• Whether the driveway expansion can be reduced to maximize the distance it
is set back from the front property line. Reducing the total area of the
driveway expansion would minimize the variance required and help
mitigate the visual impacts to the SROD.
Planning Board Meeting
Page 10
December 11,2014
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 required variances.
Mr. Michel Nowak, Superintendent of Public Works, called the roll:
Domenic Accurso, Jr. voting aye
Robert Goodman voting aye
John Grzan voting aye
Bill Laufer voting aye
Amy Schoen voting aye
Daniel Tartaglia voting aye
Gary J. Zuckerman, Chairman voting aye
Adopted by seven ayes and zero nays.
A resolution was read by Mrs. Timpone-Mohamed setting a public hearing for the
application for the February 12, 2015 Planning Board Meeting.
December 11, 2014 APPROVED
RESOLUTION
SETTING A PUBLIC HEARING CONCERNING AN
APPLICATION FOR SITE PLAN APPROVAL AND APPROVAL
OF A STEEP SLOPES WORK PERMIT FOR 25 LINCOLN AVENUE
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, property owners George and Melissa Wood submitted an
application for approval of a site plan to construct a second-story addition, a covered
entry porch, and an expansion of the garage into the side yard of the existing home
located at 25 Lincoln Avenue in the R-10 District and the Scenic Road Overlay District
(SROD), Section 135.65, Block 1, Lot 46 as shown on the Town of Rye Tax Assessor's
Map.
Planning Board Meeting
Page 11
December 11,2014
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Planning Board shall hold a Public Hearing on February 12, 2015 at 7:30 p.m., at Village
Hall, 938 King Street, Rye Brook, New York to consider the application for site plan
approval and approval of a Steep Slopes Work Permit; and
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.
On a motion made by Mrs Schoen, and seconded by Mr. Laufer, the resolution was
adopted.
Mr. Nowak, Superintendent of Public Works, called the roll:
Domenic Accurso, Jr. voting aye
Robert Goodman voting aye
John Grzan voting aye
Bill Laufer voting aye
Amy Schoen voting aye
Daniel Tartaglia voting aye
Gary J. Zuckerman, Chairman voting aye
Adopted by seven ayes and zero nays.
LOCAL LAW CONSIDERATION:
4. Consideration of a referral from the Village Board of Trustees of
amendments to Chapters 217 and 250 of the Code of the Village of Rye Brook
regarding Impervious Surface Coverage.
Attorney Butler noted that the local law was drafted by his office. He reviewed the code
amendments for the Board. The definition of impervious surface has been amended to
include pervious materials unless those materials are properly installed such that their
pervious character is ensured. The Chapter 217 and Chapter 250 of the Village's Code
does not recognize permeable paving material. Materials that appear to be infiltrating can
be constructed incorrectly resulting in pervious material that is actually impervious
Planning Board Meeting
Page 12
December 11,2014
coverage. Manufacturers give these materials a rating, which needs to be considered as
well as following the accepted industry standards. Mr. Nowak noted that the efficiency
of these types of materials as pervious coverage is contingent upon a drainage plan that
must be appropriately designed and detailed on the plans. There have been issues
regarding impervious surface coverage and discussions resulted from applications where
pervious surface coverage is proposed but not properly constructed. An impervious
surface is a surface through which water cannot readily infiltrate. Trustee David Heiser
noted that there is the decision as to whether or not an item is previous or impervious, but
also to be considered is the way the surface is installed.
There is a problem with making a recommendation and the standards of permeability
must be decided first.
Chairman Zuckerman felt that further discussion was needed prior to the Planning Board
making its report and recommendations. It was noted that the Code amendments were
initiated by the Building Inspector and the Village Engineer. The matter was adjourned.
There being no further business before the Board, Chairman Zuckerman called for a
motion to adjourn the meeting. On a motion made by Mrs. Schoen and seconded by Mr.
Goodman the meeting was adjourned at 10:05 p.m.
The roll was called:
Domenic Accurso, Jr. voting aye
Robert Goodman voting aye
John Grzan voting aye
Bill Laufer voting aye
Amy Schoen voting aye
Daniel Tartaglia voting aye
Gary J. Zuckerman, Chairman voting aye
Planning Board Meeting
Page 13
December 11,2014