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HomeMy WebLinkAbout2006-06-08 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD MINUTES VILLAGE HALL, 938 KING STREET, RYE BROOK,NY 10573 JUNE 8, 2006 ROLL CALL: CONTINUED BUSINESS 1. Application by Mr. and Mrs. David Nadasi for a Wetlands/Site Plan Permit to construct a pool and sport court at 20 Woodland Drive. "Note - Public Hearing closed on March 27, 2006 and consideration of the application adjourned from May 25, 2006 at the request of the applicant to June 8, 2006" • Considering a Resolution for a Wetlands/Site Plan Permit to construct a pool and sport court at 20 Woodland Drive. NEW BUSINESS 2. Review of a Site Plan application by Win Ridge Realty to amended site plan for proposed parking lot and pedestrian traffic improvements at the Rye Ridge Shopping Center. • Considering a Report and Recommendation to the Board of Trustee's regarding proposed Rye Ridge Shopping Center parking lot and pedestrian traffic improvements at the Rye Ridge Shopping Center. 3. Review of proposed zoning amendment to the H-1 district. • Considering a Report and Recommendation to the Board of Trustee's regarding proposed amendments to the H-1 zoning district. MINUTES 4. Review minutes from the February 23, 2006, March 9, 2006 and March 27, 2006 meetings. Planning Board Meeting 1 of 6 June 8, 2006 Present Board Mr. Dominick Accurso Mrs. Michele Fredman Mr. John Grzan Mrs. Amy Schoen Chairman Warren Agatston Excused Mr. Gary Zuckerman Staff Mrs. Marilyn Timpone - Mohamed, Village Consultant Mr. Nick Ward Willis, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Michal Nowak, Jr. Village Engineer Ms. Shatz Melillo, Meeting Secretary Chairman Agatston called the meeting to order and asked all to join in the Pledge of Allegiance. The Chairman explained the rules of procedure for the meeting and advised all that the next Planning Board meeting will be held June 19, 2006 CONTINUED BUSINESS 1. Application by Mr. and Mrs. David Nadasi for a Wetlands/Site Plan Permit to construct a pool and sport court at 20 Woodland Drive. "Note - Public Hearing closed on March 27, 2006 and consideration of the application adjourned from May 25, 2006 at the request of the applicant to June 8, 2006" Mr. Nadasi addressed the Board and explained that the two counsels, his and the Village's have met to try and resolve issues with the plan and Conservation Easement. He is looking for a compromise/solution so that everyone is happy...concerns over preserving the wetland buffer. Mr. Nadasi is hoping for resolution so that they can move ahead with the plans. Mr. Ward-Willis addressed the Board and stated that he did speak to the applicants counsel regarding concerns — "the only way to ensure concerns are covered is to have something filed in the County Clerks office such as a copy of the site plan resolution...this would put subsequent property owners on notice." Due to scheduling....nothing was concluded prior to this meeting. "There is willingness on their part to resolve this and move forward." Chairman Agatston suggested to the applicant and Board that this matter be adjourned to the June 19t11 meeting. He asked for a voice vote from Board subject to approval of this type of agreement suggested and asked if this is something we should pursue? Mr. Accurso proposed that the sports court be moved because there is an alternative location on the site. Mr. Accurso also recommended a conservation easement be placed on the strip of property bordering the buffer. Planning Board Meeting 2 of 6 June 8, 2006 Mrs. Fredman wants to keep an open mind and will look at what they come back with. Mr. Grzan is not in favor of conservation easement but needs some assurances. Mr. Winter asked if the agreement has the same assurances as a conservation easement. Mrs. Shoen wants to keep an open mind and wants to assure protection"down the road." Chairman Agatston is not happy with the sports court where it is but would look at an addition to the resolution. Mr. Nadasi stated there would be less erosion following his plan then leaving it alone and invited Board to see the erosion that has occurred. There being no further discussion, Chairman Agatston asked to adjourn this matter with the applicants consent to June 19, 2006. On agreement from all Board and applicant, this matter was adjourned to June 19, 2006. NEW BUSINESS 1. Review of a Site Plan application by Win Ridge Realty for an amended site plan for proposed parking lot and pedestrian traffic improvements at the Rye Ridge Shopping Center. Mr. Silverberg, Attorney representing the applicant, Win Ridge Realty, addressed the Board and gave a brief overview of the proposed project and he confirmed he has met with Marilyn Timpone Mohamed, the Police and Fire Departments. Chairman Agatston asked the applicant to address the issues raised by Marilyn's office and the Fire Department. Mr. Jim Ryan, of John Meyer Consulting, Engineer for the applicant, addressed the Board and stated the Police and Fire issues were about a fire lane. He stated that he has met with both departments and the conclusion was "to see if we can provide them with a fire access plan." We moved the access lane to the back of the building —brought some advantages to the FD — direct access from Bowman — Fire Department was happy. Mr. Ryan then addressed other aspects of the plan. The lighting plan — more detail provided as requested—traffic/parking plan—provided numbers regarding intensity due to change of use — landscaping plan— made substitutions where recommended — construction plan —minor changes have been addressed. Bike racks were included on the plan. Chairman Agatston asked Village Planner Mrs. Timpone-Mohamed to address the Board. Mrs. Timpone-Mohamed stated the applicant has supplied revised plans and new plans have been reviewed. "Some comments have been addressed and there are new comments but these won't affect the general plan." She continued, "Tree protection notes not provided yet. Storm Water management and erosion and sediment control is still an open item. Final plans should be reviewed by Building Department before permit issued." Mrs. Timpone-Mohamed also advised the Board of a review memo from the Westchester County Planning Department which sites an issue regarding a stream control permit and Planning Board Meeting 3 of 6 June 8, 2006 permission to do work in and around the curb cuts. It is recommended that applicant provide plans to the county for further review. Mr. Ryan stated that the applicant has spoken to the County and there are no permits required. The County Planning Department has only requested a copy of the plans. Chairman Agatston asked for questions. Mr. Grzan asked Mr. Carosi about Storm Water Management and in particular runoff and oil from cars. Mr. Carosi answered that they are working on it but not prepared to comment on storm- water management right now. There being no further questions or comments, Chairman Agatston asked Mrs. Timpone- Mohamed to read the resolution into the minutes. Chairman Agatston requested a motion to accept the resolution: On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Agatston Yes June 8, 2006 APPROVED RESOLUTION REFERRING A MODIFICATION OF AN APPROVED SITE PLAN FOR RENOVATIONS TO PARKING AREAS AND SITE AMENITIES AT RYE RIDGE SHOPPING CENTER, WIN RIDGE REALTY, LLC, TO THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Win Ridge Realty, LLC has made an application to the Village of Rye Brook for site plan approval for modifications to an approved site plan for Rye Ridge Shopping Center, Rye Brook, New York, in the C1-P Zoning District, Section 1, Block 22, Lots 3, 3A and 4A-A on the map of the Tax Assessor; and Planning Board Meeting 4 of 6 June 8, 2006 WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1.A (1) of the Village Code; and WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on April 25, 2006 for review and recommendation; and WHEREAS, the Village Planning Board has reviewed the information submitted by the applicant in connection with the application and the report and recommendations of the Village consultants and staff, and WHEREAS, the Village Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board determines the proposed amendments to the approved site plan to be improvements to parking access, site amenities, pedestrian access and vehicular and pedestrian safety and any impacts associated with construction of the improvements to be minor in nature; and BE IT FURTHER RESOLVED, that the Planning Board recommends approval of the amended site plan, Sheets SP-1 through SP-13, August 12, 2005, last revised June 6, 2006 and refers the application back to the Village Board of Trustees for action, subject to the following conditions: 1. That tree protection notes and details for construction of that protection be shown on the Tree Protection Plan. 2. Approval of the storm water management plan and the erosion and sediment control plan by the Village Engineer. 3. Provision and approval of a final construction phasing plan and a construction schedule prior to issuance of a Building Permit. 4. That the Applicant should contact the County Department of Public Works to verify permits required and submit the necessary applications and drawings to obtain those permits, if required. 2. Review of proposed zoning text amendments to the H-1 district. Mr. Ward-Willis addressed the Board and explained this is the second stage of the Garden Inn Hotel project. This is being held in abeyance because the Village felt that perhaps a better use for the community would be a residential use instead of a hotel. This led to the question of the H-1 district zoning. Two separate matters are involved here. First, the subdivision code and secondly, the H-1 hotel district which will allow for Planning Board Meeting 5 of 6 June 8, 2006 residential construction within that zone. "We are allowing not just a hotel but attached or detached multi-family units that are part of a conservation subdivision...a cluster zone." A discussion on the matter ensued.... Mr. Willis does not want the Board to make a decision tonight; instead, he wants to continue discussion with applicant and staff and will have more information prepared for the next meeting with the Planning Board. Chairman Agatston questioned Mr. Ward-Willis on the delay. Mr. Ward-Willis explained that there is a lot involved and needed to make sure all the bases are covered. Properties no greater then 20 acres are covered under this change. Chairman Agatston asked about time frame. Mr. Ward-Willis thought "within 30 days" and explained that the applicant is committed to working with us and "I am confident we can move this forward. Nothing is being rubber stamped." Mr. Wagner, Counsel representing K.F. Rye Brook, the applicant, addressed the Board. He expressed concern of this plan and further stated that the Village is obligated to consider amendments to code to allow that residential development to be approvable by Village without need of variances. "The gist of it is here is the plan — now we have to change the code to allow the plan to go forward." Chairman Agatston asked for comments/questions from the Board. Mr. Accurso asked about number of units. Mr. Wagner stated there were 43 —may be less but cannot be more. No further substantive questions were asked, so the Chair closed discussion on this item and moved to a discussion on minutes. MINUTES Chairman Agatston explained the delay regarding the minutes from prior meetings. "Mr. Carosi is arranging a meeting with Ms. Melillo to discuss the format and time frame." There being no further business, the Chair asked the meeting be adjourned. On a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the meeting was adjourned at 9:28pm. Planning Board Meeting 6 of 6 June 8, 2006