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HomeMy WebLinkAbout2006-02-23 - Planning Board Meeting Minutes February 23, 2006 Planning Board Draft Minutes—Ver 1 PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK, NEW YORK 10573 FEBRUARY 23, 2006 ROLL CALL: WORK SESSION 7:30 PM: 1. Review of proposed legislation for amendments to Chapter 105 "Conservation Easements." PUBLIC HEARINGS 8:00 PM 2. Public Hearing regarding the application by John G. Scarlato, Jr. on behalf of Hedy Cardozo and Michael Rosenblut for a Site Plan approval for building alterations to an existing residence at 14 Holly Lane, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 34 in the R-15 zoning district. 3. Public Hearing regarding the application by Cobble Creek Builders, Inc for site plan approval and a permit to Perform Regulated Activities in a Wetland for building and site alterations at 11 Loch Lane, Rye Brook, New York, designated on the Tax Assessor's Map as Section 136.21, Block 1, Lot 4 in the R-20 zoning district. 4. Public Hearing regarding the application by Cobble Creek Builders, Inc To construct a stonewall at 34 Lincoln Avenue, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.49, Block 1 and Lot 1 in the R-12 zoning district. Planning Board Meeting 1 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 RESOLUTIONS 1. Considering the application by John Scarlato, Jr. on behalf of Hedy Cardozo and Michael Rosenblut for a Site Plan approval for building alterations to an existing residence at 14 Holly Lane, Rye Brook, New York. 2. Considering the application by Cobble Creek Builders, Inc for site plan Approval and a Permit to Perform Regulated Activities in a Wetland for building and site alterations at 11 Loch Lane, Rye Brook, New York. 3. Considering the application by Cobble Creek Builders, Inc to construct A stone wall at 34 Lincoln Avenue, Rye Brook, New York. 4. Considering a Resolution to reschedule the March 23 Planning Board Meeting to Monday, March 27, 2006. 5. Considering a Resolution to reschedule a previously scheduled Public Hearing for a Wetlands permit and Site Plan Permit to construct a pool and sport court at 20 Woodland Drive from Thursday March 23, to Monday, March 27, 2006. 6. Considering a Resolution to reschedule a previously scheduled Public Hearing for a Site Plan application to construct a swimming pool and patio at 23 Woodland Drive from Thursday March 23, to Monday, March 27, 2006. 7. Considering a Resolution to reschedule a previously scheduled Public Hearing for a Site Plan application for the demolition of the existing home and to construct a new home at 13 Woodland Drive from Thursday, March 23, to Monday, March 27, 2006. Planning Board Meeting 2 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 BOARD Mr. Warren Agatston, Chairman Mr. Dominick Accurso, Jr. Mr. John Grzan Mrs. Patricia Romano Mrs. Michele Fredman ABSENT Mr. Gary Zuckerman Mr. James Winter STAFF Mr. Michal Nowak, Village Jr. Engineer Ms. Jennifer Porter, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Consultant Ms. Shari Melillo, Meeting Secretary NEXT PLANNING BOARD MEETING—MARCH 9, 2006 and MARCH 27, 2006 CONVENE Chairman Agatston called the meeting to order, beginning with the Pledge of Allegiance. RESOLUTIONS Resolution to schedule a Public Hearing for the Hilton Garden Inn for steep slopes for March 9111 On a motion made by Mrs. Fredman and seconded by Mr. Grzan, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries. Planning Board Meeting 3 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 February 23, 2006 APPROVED RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A STEEP SLOPES PERMIT APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 1, BLOCK 4, LOTS 5, 6, AND 7A AND 7A1 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, a steep slopes permit application has been submitted to the Village of Rye Brook Planning Board by KF (Rye Brook), LLC for the development of a Hilton Garden Inn Hotel in Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook shall hold a public hearing on March 9, 2006 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider an application for a steep slopes work permit for the construction of a hotel located Anderson Hill Road, Rye Brook, New York, Section 1, Block 4, Lots 5, 6, and 7A and 7A1; and BE IT FURTHER RESOLVED, that the applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Planning Board Meeting 4 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Resolution to reschedule Planning Board meeting from Thursday March 23rd to Monday March 27th. On a motion made by Mrs. Fredman and seconded by Mrs. Romano, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries. Resolution to reschedule 3 Public Hearings from Thursday March 23rd to Monday March 27th due to the Boards attendance at the Westchester Municipal Planning Federation workshops. On a motion made by Mrs. Romano and seconded by Mr. Accurso, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries. Resolution to reschedule Planning Board meeting scheduled on April 13th to April 6th due to the Passover Holiday. On a motion made by Mrs. Romano and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Planning Board Meeting 5 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Motion carries. Resolution to Amend Chapter 105 of the Village Code "Conservation Easements" On a motion made my Mrs. Fredman and seconded by Mrs. Romano, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries. Chairman Agatston called for the first Public Hearing on the agenda: PUBLIC HEARINGS 2. Public Hearing regarding the application by John G. Scarlato, Jr. on behalf of Hedy Cardozo and Michael Rosenblut for a Site Plan approval for building alterations to an existing residence at 14 Holly Lane, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 34 in the R-15 zoning district. Mr. Grzan requested an explanation as to why the application was before this board and not the Zoning Board. It was explained to him by Chairman Agatston and Mrs. Timpone-Mohammed that the 75% rule is triggered because the size of the house is being increased by more than 50%. Planning Board Meeting 6 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Chairman Agatston again requested a motion to open the Public Hearing and on a motion made by Mrs. Fredman and seconded by Mrs. Romano, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Mr. Anthony Gioffre, with the law firm Cuddy and Feder on behalf of Mr. Rosenblum and Mr. Scarlato who presented application for 14 Holly Lane approached the board and spoke with regard to previous Board meeting where concerns were discussed with regard to the proposal and that now the proposal had been modified. Mr. Scarlato, Architect for 14 Holly Lane explained that the side yard has been reduced to 22 feet and that the garage had been increased slightly. The biggest issue or problem he explained is that the garage was turned into a family room and therefore the house got longer in the process. He also confirmed that all previous items have been addressed and that the plans had been changed to show a 20 foot curb cut as requested. Mr. Gioffre also presented to the Board supporting letters from neighbors of 14 Holly Lane. Mrs. Timpone-Mohamed explained that she had reviewed the revised plans and confirmed that all the issues discussed were addressed in the new plans including the required zoning calculations. She expressed that the edge of the parking courts should be moved to make room for screen plantings and that the Tree Presentation Protection Note was missing from the plans but that the Construction plan provided was adequate. Mr. Scarlato confirmed that all issues were addressed in the new plans that were brought to tonight's meeting. Planning Board Meeting 7 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Chairman Agatston asked Mr. Nowak from the Building Department to address the storm drainage issues. Mr. Nowak stated the Village requested that a pop up emitter be installed in the event of a severe storm there was an avenue of exit onto the property for the run off water. He also stated that the storm water drain pipe should be 4" in diameter and should not run under the patio in case there was a need for replacement. The site sediment and erosion controls are all adequate. It is the feeling of the Village Engineer that with regard to the driveway the width should be reduced to 14 feet— 22 feet wide is excessive. The sketch issued to the building department shows a 12' buffer to the neighboring property to edge of driveway and that the parking area is 22 feet. Mr. Scarlato stated that the driveway is 2 lanes and could possibly be reduced to 18 feet— cannot go more than that because of the 2 car garage— this is a double wide driveway all the way to the garage. Mrs. Timpone-Mohamed stated that she needs time to look at site plan to see if the Village Engineer's suggestion is reasonable as far as cars moving in and out of the driveway. The impervious surface has increased due to additional foot print of the building and that the width of the driveway is not wide enough to turn a car around— the car would need to back out of the driveway. Chairman Agatston asked where the Board could go on this issue this evening and Mrs. Mohammed stated that she could not make a determination until she has had time to review. Mrs. Porter, Village Counsel, said that the Board could adopt the resolution subject to the Building Department doing a follow-up. Mrs. Fredman stated that the house square footage had increased by 68% and that there was a lot of garage and pavement in the front of the house and that as members of the Planning Board they were responsible to address this issue. Mr. Grzan stated that the gross floor area over the garage should be counted twice as floor area. Mr. Scarlato stated that the attic was unusable space and therefore does not count as additional space. Mr. Grzan stated that he believed the house was too massive but that the final determination should be made by the Village Engineer and Building Inspector that the job is done right. Planning Board Meeting 8 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Mr. Gioffre stated that the process in the Village of Rye Brook is that you address the Planning Board first, then the Zoning Board and respectfully submitted that since all concerns have been addressed and that Mr. Nowak's comments would be address and requested that the Board act with full faith and confidence. Board had discussion on removing sentence from resolution— "now therefore be it resolved". Mrs. Fredman doesn't want to make a recommendation to zoning — wants them to be on their own because it is their jurisdiction and not this boards. Board agrees to remove "we recommend" and to delete 1 st resolve clause, changing 2„d resolve to be only one— keeping all conditions and adding that the Building Inspector check and follow up on garage area concern and that the double wide driveway is not an issue. Mrs. Porter read the resolution. February 23, 2006 RESOLUTION APPROVING A SITE PLAN FOR 14 HOLLY LANE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, John G. Scarlato, Jr. has made an application on behalf of Hedy Cardozo and Michael Rosenblut to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval to construct additions to an existing residence located at 14 Holly Lane, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 34 in the R-15 Zoning District; and WHEREAS, the Village Planning Consultant, Village Engineer and the Planning Board have reviewed the information submitted and made recommendations regarding gross floor area, impervious surface coverage, tree preservation and protection, storm water management, erosion and sediment control and the non-conformance of proposed side yard setbacks; and WHEREAS, the Planning Board has reviewed the information submitted by the Applicant in connection with the application, including an Environmental Assessment Form (EAF) and the reports and recommendations of the Village Consultants and Village Engineer; and Planning Board Meeting 9 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on February 23, 2006, 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 the Planning Board closed the public hearing on February 23, 2006; and WHEREAS, the gross floor area and the height of the building, and the impervious surface coverage on the lot would not be increased beyond what is allowable, all existing trees would be preserved, storm water management on the lot would be improved, erosion and sediment control would be provided during construction and the non-conformance of proposed side yards have been reduced. NOW, THEREFORE, BE IT RESOLVED, that the Village Planning Board hereby approves the site plan for modifications to the existing residence at 14 Holly Lane subject to the following conditions: 1. That an area variance of three (3) feet from the minimum side yard requirement and 10.4 feet from the total side yard requirement of the R-15 zoning district is granted by the Zoning Board of Appeals. 2. Verification of all zoning calculations and the application of the § 250-2 definition of gross floor area by the Building Inspector. 3. Revision of the site plan to show the dimension of the proposed easterly side yard setback. 4. Revision of Note #6 on Sheet S-I to read"Inspection of protected trees by a certified arborist to determine condition and health after completion of construction shall be conducted. Inspections shall be made once a year, during the growing season, for a minimum of three growing seasons after the completion of construction." The applicant shall submit an annual letter from a certified arborist verifying that an inspection has been made. 5. That the proposed curb cut and access drive shall not be wider than twenty- two (22) feet. 6. Revision of the site plan to locate screen plantings between the parking court and the street to the satisfaction of the Planning Consultant. 7. Revision of the site plan to locate the easterly edge of the parking court at least five feet from the easterly property line to create a five-foot wide planting bed between the parking area and the property line and provide plantings in the bed along the eastern edge of the parking court to screen views of the court from the adjacent property to the satisfaction of the Planning Consultant. Planning Board Meeting 10 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 8. Revision of the site plan to indicate dimensions of all patios, curb cuts, driveways and parking courts and provide a planting plan and plant schedule that show all proposed locations, sizes and species of plantings, including those that will be transplanted. Mr. Agatston asked for questions/concerns — Mr. Grzan said that the gross floor area should be taken out and Chairman Agatston asked how to follow up on the plantings and Mrs. Mohamed and Mrs. Porter said that an Arborist would be retained by the Applicant to inspect existing trees and new plantings. Chairman Agatston requested a motion to close the public hearing and on a motion made by Mrs. Romano and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries. Chairman Agatston requested a motion on the resolution as amended. On a motion made by Mrs. Romano, seconded by Mrs. Fredman, the roll was called Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes The resolution was adopted by a vote of 5-0 Chairman Agatston called for a short break. Meeting reconvened at 9:22pm Planning Board Meeting 11 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 3. Public Hearing regarding the application by Cobble Creek Builders, Inc for site plan approval and a permit to Perform regulated Activities in a Wetland for building and site alterations at 11 Loch Lane, Rye Brook, New York, designated on the Tax Assessor's Map as Section 136.21, Block 1, Lot 4 in the R-20 zoning district. Chairman Agatston requested a motion to open the public hearing and on a motion by Mrs. Romano and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Deborah Goldberger, Attorney representing applicant addressed the Board. Stated that they were last here on February 9, 2006 and that plans have been resubmitted based on recommendations from the Board including the removal of the carport. Mrs. Goldberger requested that the Board compromise with her client—realized that the dwelling does not comply with front yard requirements but that it is an existing home and the applicant believes that the addition of the front porch is important to the aesthetics of the house. The second issue is the parking court— applicant states it is just a driveway and that the carport has been removed—that the driveway comes in where it currently exists and then goes around to the back of the house where it expands just a little. The applicant is willing to change that to make it a straight line and save a tree which was also another concern. In regard to the wetland buffer issue, 100% of the runoff on site is caught and treated before it is released— there is no negative impact. Applicant also agreed to provide additional plantings. Areas addressed—manicured lawn— not a good buffer so client is improving by adding plantings —buffer lines are corrected— only one tree is being removed but client is doubling the amount of trees that is there now with additions and we are decreasing the square footage of the driveway by 350 sf. Planning Board Meeting 12 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Engineer Mr. Salanitro approached Board and addressed the main issues — mitigation to wetland buffer and drainage. Net increase in impervious surface is 1100 ft— drainage system set to accommodate 7200 square feet— there are now 9 drywells — increased from 2. The runoff from the existing house is being diverted to underground detention systems— major benefit to site development plan. Engineer demonstrated/showed to Board at Chairman Agatston's request, drawings that show there is an open space between the house and driveway which is not present now and there is curbing on the edge of the driveway. Chairman Agatston noted that the garage when you face the house is on the left side and that the driveway goes all the way around the back of the house — asked if that could be changed. Attorney stated that the garage is lower than the actual first floor so it is not possible to change garage to other side. She also stated that the line of house to parking area is 30 feet and that there is no negative impact— that there is curbing of the driveway and that all run off is being caught. Mrs. Timpone-Mohamed addressed the room and stated that the Traffic Engineer in her office used a standard turn around template to determine the size of the parking area. She stated that the parking area is 500 square feet larger than necessary; a parking area of 40 feet wide x 30 feet long is too big and not necessary. Regarding the issue of the front porch— it is a 2 story porch within the required front yard. A 70.8 foot front yard is required and a 68.8 foot yard is existing. Her office recommends that the Applicant increase plantings because it appears like there is more mulch than plants. Village Engineer had serious concerns about storm water issues and also requests that the limits of construction be minimized. Chairman Agatston suggested a list of conditions be given to applicant and that they should also speak to Traffic Commission regarding driveway concerns. Mr. Accurso asked if house was in flood zone — applicant's Attorney responded that although house is in area prone to flooding, it is not in designated flood area. Mr. Accurso asked if the groundwater issue has been addressed. The engineer stated that the ground water is naturally occurring and it is not a homeowner jurisdiction— County problem— not homeowner problem. Mr. Accurso was concerned about how storm water or any pumped groundwater would be addressed. Mr. Accurso expressed concern with the front porch and the issue of conservation easement with respect to the rear yard. Planning Board Meeting 13 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Mrs. Jennifer porter stated that the porch was a non conformity issue. Ms. Goldberger stated that she would take a look again at trying to reduce the size of the driveway. Stated that she didn't understand why there was an issue with the front porch because there was no negative impact. Chairman Agatston asked that they look at all issues of concern again—that the Board wants to make the project work. Mr. Grzan pointed out existing non conformance on side yard and also concern regarding the front porch. Mr. Nowak— Building Inspector and Village Engineer request architect review and provide average grade calculation around the building as well as first floor average elevation. Finally all Plans shall be dimensioned, and elevations shall start from the grade level and not from the first floor elevation No further questions/comments. Chairman Agatston requested a motion to adjourn to April 6th meeting. Applicant stated that this would cause a financial hardship to him to wait a month. Attorney requests that they be allowed to go to Zoning Board in mean time. Request denied— Planning Board is lead agency. Chairman Agatston requested again a motion to adjourn to April 6th. On a motion made by Mrs. Fredman and seconded by Mrs. Romano, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries Planning Board Meeting 14 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 3. Public Hearing regarding the application by Cobble Creek Builders, Inc To construct a stonewall at 34 Lincoln Avenue, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.49, Block 1 and Lot 1 in the R-12 zoning district. On a motion made by Mrs. Romano and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Attorney Goldberger representing Cobble Creek Builders approached the Board stating that the stone wall runs along the property line in the scenic overlay district. Stated that she had received a memo from Mrs. Timpone Mohamed regarding the fence between Lincoln Avenue and the existing stone wall being removed and confirmed that it will be removed. She also stated that there were no trees removed and that no lighting is proposed. Lighting was installed approximately 10'-0" inward from the stone wall, and planning board was ok with this. Also stated that additional plantings in 35' buffer— 10 white pines are proposed parallel to wall and the client is willing to include additional evergreens. Mrs. Timpone Mohamed stated that all was ok. Mrs. Fredman questioned that neighbor to the rear is in the Town of Harrison and that the back of the house in question is 11 feet from property line— asked if all homes had been notified— answer was yes. Chairman Agatston requested a motion to close the Public Hearing. Planning Board Meeting 15 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 On a motion made by Mrs. Romano and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Resolution read by Mrs. Marilyn Timpone Mohamed with some revisions. February 23, 2006 APPROVED RESOLUTION APPROVING A FENCE/WALL PERMIT FOR 34 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Cobble Creek Builders, Inc. has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting a fence/wall permit to legalize and expand an existing stone wall at 34 Lincoln Avenue, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.49, Block 1, and Lot 1 in the R-12 zoning district. WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be Type II, requiring no further review pursuant to the requirements of SEQRA; and WHEREAS, the Village Planning Consultant, Village Engineer and the Planning Board have reviewed the information submitted and made recommendations regarding zoning, site plan, Scenic Roads Overlay District requirements, tree survey, lighting and landscaping; and Planning Board Meeting 16 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 WHEREAS, the Planning Board has reviewed the information submitted by the Applicant in connection with the applications, including an Environmental Assessment Form (EAF) and the recommendations of the Village consultants and the Village Engineer; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on February 23, 2006, the Planning Board opened a public hearing on the subject applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said applications and the Planning Board closed the public hearing on February 23, 2006; and WHEREAS, the 35-foot vegetative buffer required in Scenic Road Overlay District would not be extensively disturbed but rather would be enhanced with additional trees and plantings, all existing trees within the 35-foot vegetative buffer of SROD would be protected, and no alterations are proposed within the 100-foot wetland buffer. NOW, THEREFORE, BE IT RESOLVED, for reasons stated herein, the Village of Rye Brook Planning Board hereby approves the Fence/Wall Permit for construction of a stone wall at 34 Lincoln Avenue subject to the following conditions: 9. Provision of a revised landscape plan showing existing plantings and plantings proposed to improve the 35-foot vegetative buffer to the satisfaction of the Village Planning Consultant. 10.Revision of the site plan to indicate that the existing wood fence along the front property line will be removed. Chairman Agatston requested a motion to accept the resolution with amendments and on a motion made by Mrs. Romano and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries Planning Board Meeting 17 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 Chairman Agatston requested a motion to reschedule previously scheduled Woodland Drive projects with a motion to accept all 3 resolutions in one vote from March 23, 2006 to March 27, 2006. On a motion made by Mrs. Romano and seconded by Mr. Accurso, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries Chairman Agatston requested a motion to make a recommendation to the Board of Trustees regarding Conservation Easements. On a motion made by Mr. Grzan and seconded by Mrs. Romano, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Motion carries February 23, 2006 RESOLUTION RECOMMENDING APPROVAL OF A LOCAL LAW TO AMEND CHAPTER 105 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS AND REFERRING SUCH LOCAL LAW TO THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Village of Rye Brook Planning Board has recommended that Chapter 105 of the Village Code be amended regarding conservation easements; and Planning Board Meeting 18 of 19 2/23/2006 February 23, 2006 Planning Board Draft Minutes—Ver 1 WHEREAS, a local law has been proposed to amend Chapter 105 to allow the Planning Board to condition certain land use approvals and permits upon the grant of a perpetual conservation easement on all or portions of real property; and WHEREAS, the Planning Board discussed the local law at its meeting held on February 23, 2006 at which time members of the public were given the opportunity to comment and changes were incorporated into the draft local law. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby recommends approval of the local law to amend Chapter 105 of the Code of the Village of Rye Brook regarding conservation easements and refers the proposed local law to the Board of Trustees for action. Chairman Agatston requested a motion to adjourn tonight's meeting and on a motion made by Mrs. Romano and seconded by Mrs. Fredman the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Romano Yes Chairman Agatston Yes Meeting adjourned. Planning Board Meeting 19 of 19 2/23/2006