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HomeMy WebLinkAbout2006-07-20 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD MINUTES VILLAGE HALL, 938 KING STREET, RYE BROOK, NY 10573 THURSDAY, JULY 20, 2006 Roll Call: Project Review and Resolutions 8:00 PM: Continued Business 1. An application by Mr. & Mrs. David Nadasi for a Wetlands/Site Plan Permit to construct a pool and sport court at 20 Woodland Drive. Public Hearing closed on March 27, 2006 and adjourned from June 19, 2006 at the request of the applicant to July 20, 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 Mr. And Mrs. Schwartz for the removal of existing front steps and reconstruction of new steps at 1 Talcott Road within a Conservation Subdivision. • Considering a Report and Recommendation to the Board of Trustee's regarding proposed site plan modifications. 3. Review of a Site Plan Application by Zachary Brandon, LLC for the construction of a stone patio at the rear of the existing home at 38 Woodland Drive. • Possibly consider a Resolution to schedule a Public Hearing 4. An application by St. Mary's Cemetery for Site Plan approval and modification to approved Site Plan by constructing an addition to the existing mausoleum and relocating the existing maintenance facility. Planning Board Meeting Page 1 of 12 July 20,2006 5. An application by Doral Conference Center Corporation for Site Plan approval and modification to an approved Site Plan by constructing additional tennis courts within a bubble enclosure on Anderson Hill Road. • Considering a possible Report and Recommendation to the Board of Trustee's regarding proposed site plan modifications. 6. An application for Site Plan approval by Joseph D. Moschitto for the teardown of an existing single family residence and construction of a new single family dwelling at 41 Hillandale Road. • Possibly consider a Resolution to schedule a Public Hearing 7. An application for Site Plan approval by Mr. And Mrs. Taylor to construct multiple additions and to merge 2 building lots. • Possibly consider a Resolution to schedule a Public Hearing Discussion Items Minutes Present: Board Mr. Accurso Mrs. Fredman Mr. Grzan Mrs. Schoen Mr. Winter Mr. Zuckerman Chairman Agatston Staff Mrs. Marilyn Timpone Mohamed, Village Consultant Mrs. Amanda Kendel, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak, Jr. Village Engineer Chairman Agatston called the meeting to order and asked Mr. Winter to lead us in the Pledge of Allegiance. Chairman Agatston welcomed and introduced the Board members and the staff present. Chairman Agatston recognized new Planning Board member Mr. Jim Laufer. Chairman Agatston noted that tonight would be Mr. Winters last night on the Planning Board. Chairman Agatston thanked Mr. Winter for his time and input on the Board. Trustee Rosenberg also spoke on behalf of Mr. Winter and Mr. Winter also thanked the Planning Board Meeting Page 2 of 12 July 20,2006 Board and spoke about the diligence of this board and that it has been a pleasure working with everyone. Continued Business 1. An application by Mr. & Mrs. David Nadasi for a Wetlands/Site Plan Permit to construct a pool and sport court at 20 Woodland Drive. Note: The Public Hearing was closed on March 27, 2006 and adjourned from June 19, 2006 at the request of the applicant to July 20, 2006. Chairman Agatston explained that this matter has been adjourned a number of times and that the purpose tonight is to hear from the applicant in regard to an amendment to the application. Chairman asked for the applicant to address the Board. Melanie Volker—Landscape Designer for applicant, addressed the Board. She stated that the applicant had submitted revised drawings on July 6th removing the sport court completely along with some other small revisions. The comments from Village Planner, Mrs. Mohamed were received and the revisions were re-submitted. Ms. Volker showed the Board the new plan that proposes a pool, deck, spa and pool shed along with the new planting mitigations. Chairman Agatston asked Mrs. Mohamed to address Board. Village Planner Mrs. Mohamed stated that outstanding items were addressed and that the erosion and sediment control plans are also acceptable per the Village Engineer. There is one condition - #1 in the resolution — numbers 2 and 3 can be removed. Mrs. Mohamed read the condition to the Board. Chairman asked for comments from the Board. Mr. Accurso asked for it to be put on record that he still believes a Conservation Easement is warranted for this project. Village Attorney, Mrs. Kandel stated that a copy of this resolution would be attached to the Certificate of Occupancy to put future owners on notice of a wetlands permit that is involved with this plan. There being no further comments, Chairman asked a resolution be presented to the Board. Mrs. Kandel read the resolution. Chairman Agatston asked Mrs. Kandel to amend the resolution to include her comments as a second condition to the resolution. Chairman Agatston asked for a motion on the resolution. A motion to accept the resolution was made by Mr. Grzan and seconded by Mrs. Schoen. The roll was called: Mr. Accurso No Mrs. Fredman Yes Mr. Grzan Yes Planning Board Meeting Page 3 of 12 July 20,2006 Mrs. Schoen Yes Mr. Winter Yes Mr. Zuckerman Yes Chairman Agatston Yes July 20, 2006 APPROVED RESOLUTION APPROVING A WETLANDS PERMIT AND SITE PLAN FOR CONSTRUCTION OF A NEW POOL AT 20 WOODLAND DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Jason Williams of Studer Design Associates has made applications on behalf of Mr. and Mrs. David Nadasi to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval and Chapter 245 requesting a Wetlands Permit for site modifications to an existing residence at 20 Woodland Drive, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.36, Block 1, Lot 24 in the R-20 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 fiu-ther 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, impervious surface coverage located within the watercourse buffer, buffer mitigation plantings, tree protection, , storm water management and erosion and sediment control; and 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 having made a visit to the site on July 1, 2005; and WHEREAS, on March 27, 2006, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given Planning Board Meeting Page 4 of 12 July 20,2006 an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on March 27, 2006; and WHEREAS, the Applicant was granted a waiver from the 2006 Interim Development Law by the Village Board of Trustees on April 25, 2006; and WHEREAS, plantings will be installed to enhance the functioning of the watercourse buffer and mitigate the increase in the extent of impervious surface coverage within said buffer, and storm water management on the lot will be improved by installation of storm water management facilities. NOW, THEREFORE, BE IT RESOLVED, for reasons stated herein, the Village of Rye Brook Planning Board hereby approves the Site Plan and associated drawings dated 3/30/05, last revised 07/14/06 and a Permit to Perform Regulated Activities in a Wetland for site modifications and construction of a new pool at 20 Woodland Drive subject to the following conditions: 1. That the total area of impervious surface coverage within the 100-foot watercourse buffer shall not, in future, increase beyond 4,937 square feet, which is the aggregate of the impervious surface coverage existing within the buffer at the present time (2,493 square feet) and the impervious surface coverage within the buffer approved for this application (2,444 square feet). 2. That a copy of this resolution shall be attached to the Certificate of Occupancy issued in connection with this application. New Business 2. Review of a Site Plan application by Mr. And Mrs. Schwartz for the removal of existing front steps and reconstruction of new steps at 1 Talcott Road within a Conservation Subdivision. Chairman Agatston explained to the public and the Board that this applicant is before this Board because there are no separate zoning calculations governing development within the Talcott Woods subdivision. He explained that the proposed project is to replace the existing front steps to the home and that the Board should look at the project and either approve or deny the application. Village Planner Mrs. Mohamed addressed the Board. She explained that the applicant proposes to to rebuild a set of concrete steps providing access to the front of the home that have deteriorated. The new stairs are being built in kind with an improvement over what was built originally. Her office recommends that appropriate plantings be included Planning Board Meeting Page 5 of 12 July 20,2006 with the project and that a paved path from the end of the steps to the driveway be included. The total impervious surfaces remain the same. She also noted to the Board that the plan has been approved by the Talcott Woods Homeowners Association. The applicants architect, Mr. Mike Singh addressed Board. He briefly went over plan and stated that all conditions described by Mrs. Mohamed were addressed including the plantings. Chairman Agatston asked for questions from any Board members and the public. There being no comments he asked for a resolution to be read. Village Planner, Mrs. Timpone- Mohamed then read the resolution into the minutes. Chairman Agatston asked for a motion to accept the resolution. Board member Mrs. Schoen made a motion to accept and was seconded by Mrs. Fredman. The roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Winter Yes Mr. Zuckerman Yes Chairman Agatston Yes July 20, 2006 APPROVED RESOLUTION REFERRING AN EXTERIOR BUILDING PERMIT APPLICATION FOR THE CONSTRUCTION OF A NEW EXTERIOR FRONT STAIRWAY AT 1 TALCOTT ROAD TO THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. and Mrs. Robert Schwartz, 1 Talcott Road submitted an exterior building application to the Village of Rye Brook to construct new front steps for their home in the Talcott Woods Conservation Subdivision, Section 135.58, Block 1, Lot 39; and 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, on July 11, 2006 the Board of Trustees referred the application to the Planning Board for report and recommendation; and Planning Board Meeting Page 6 of 12 July 20,2006 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 exterior stairway reconstruction to be minor in nature, improving the safety of the stairway and eliminating the non- conformance of the original stair and recommends approval of the building permit without amendment of the approved subdivision plan for Talcott Woods and sends the application back to the Board of Trustees for action. BE IT FUTHER RESOLVED, that the Village of Rye Brook Planning Board recommends that the Board of Trustees consider development of review guidelines or some other means that would allow for approval of minor alteration and maintenance-based projects in PUD and conservation subdivisions without amendment of the approved site or subdivision plan to remove the burden of a lengthy review process from applicants with such projects. 3. Review of a Site Plan Application by Zachary Brandon, LLC for the construction of a stone patio at the rear of the existing home at 38 Woodland Drive. Chairman Agatston briefly introduced the project and asked the applicant to address the Board. Mr. William Morgenroth, P.E., Engineer for the applicant, addressed the board. He explained the application is to build a patio at the rear of the home. He stated there was very little change proposed to the grading of the property as a result of the proposed patio. Mr. Morgenroth said that he had previously submitted drainage reports to the Village Engineer. Mr. Morgenroth stated that he had received comments from Village staff and addressed those comments. The plans submitted were revised based on comments from the Village Engineer. He stated that all outstanding issues have been addressed for the patio and that the remainder of the plan is unchanged from the originally approved site plan. Chairman Agatston asked for comments from Village Planner. Mrs. Mohamed addressed the Board. She stated that the new patio increases the impervious surface on the lot by 740 square feet and that is less than the total maximum Planning Board Meeting Page 7 of 12 July 20,2006 allowable coverage for the zone for impervious surfaces. Mrs. Mohamed questioned the applicant regarding changes to the front yard impervious surface shown on the revised application forms as there is no change to front yard proposed by the plans, and is waiting for response. She noted to the Board that the grading plan was revised as requested and the tree preservation plan has some minor missing issues. She advised the Village Engineer is reviewing the storm water management plan and erosion control plans at this time. Chairman asked for comments from Village Engineer, Mr. Carosi. Mr. Carosi stated that he did work with applicant and that the applicant did address the comments and concerns regarding the storm water and sediments and erosion control plans. Mr. Carosi advised the Board that the submitted storm water management and erosion control plans are ok. In response to a question, Mr. Carosi advised that the applicant has also designed the storm water plans to handle a 100-year storm event Chairman Agatston asked for comments from the Board. Mr. Winter asked about the grading issue relating to the side yard. Mrs. Mohamed stated that she reviewed the original drawings and compared these to the final drawings submitted with the building permit. She brought to the Boards attention the issue of how tall the house appeared on the west side. She recalled at a past meeting the applicant explained how the height of the eastern exposure would be reduced by adding a stone wall and by grading up to the window sill. She explained that this has not been done. It appears that the drawings built from are different from the approved site plan. Village Engineer Mr. Carosi stated that his department did look at this extensively and that it appears that there is a discrepancy in that one area . He is trying to piece together where the error occurred. Mrs. Mohamed addressed the Board. She feels that for the site to be graded properly — the parking area would have had to be removed— the approved site plans and the current drawing don't match each other. Chairman Agatston asked how this error can be corrected so that the original decision of this board is followed. Village Attorney Mrs. Kandel explained that one of the options the Board has is to condition the current permit for this project to conform to the entire site plan. She noted that a Certificate of Occupancy cannot be issued until they are in compliance with the approved site plan. Mr. Zuckerman asked if the current plans are based on the approved plans or what is existing now. "The Planning Board has an amendment to the approved plan...but the approved plan was not complied with". Mr. Carosi stated that his office will continue to research the apparent discrepancy to find out where the error came about. Planning Board Meeting Page 8 of 12 July 20,2006 Chairman Agatston requested the matter be adjourned to an uncertain date until the applicants architect or engineer can provide to the Board a written report. Once the matter concerning the eastern elevation is resolved, the patio application will then be put back on the agenda. The Planning Board cannot make any determinations until they have the facts. The application will tentatively be put on the agenda for the l Oth of August. If the applicant is not ready at that point the Board will move it forward." 4. An application by St. Mary's Cemetery for Site Plan approval and modification to approved Site Plan by constructing an addition to the existing mausoleum and relocating the existing maintenance facility. Chairman Agatston stated that new members are on the Board since the last time this applicant was before us. He would like to schedule a site visitation to see the changes on this plan. The Attorney, Architect and Cemetery Superintendent for the applicant are all in attendance. The Attorney gave the Board a quick update on application, the proposed mausoleum expansion. Revised drawings show an 8,500 square foot expansion, smaller then originally proposed. They researched title issues concerning a dispute on ownership of the land. The project size was reduced for that reason. The church would like to expand in the future, but for now they want to drop the matter. The Attorney addressed comments from the Village Planning Consultant and acknowledged that there are 3 variances required. Chairman Agatston stated that this Board is looking for total compliance and wants to see visually what the project will look like from all directions. I think we have to get to a point where applicants come before us with a complete package — there are too many open issues here. Chairman Agatston asked Mrs. Timpone-Mohamed for her comments. She is asking for the properties across the street to be on the site plan to see how it looks from their perspective. She expressed concerns with the short-term impacts for those people, as well as the long term. This is a substantially revised plan and the Building Inspector should verify all the height calculations and set back calculations and give us his normal report. Most of the other issues are administrative ones such as tree protection. We also asked that the plans be sent to the Thruway Authority to make sure that the portion of the property on which they intend to build actually belongs to the Church and the applicant said that they have done that and we are waiting comment. Mr. Dan Tartaglia, Brookridge Court President, addressed the Board and stated that he appeared at the original application and expressed concerns then and would like to mention that they have not been able to review the plans, but was surprised to hear about variances. His Board feels it is an improvement — with regard to the triangular piece — this is the gateway to the Village and that piece is used a lot — there is a broken down fence— there are trucks —they do work there —we stare at this when we leave our homes Planning Board Meeting Page 9 of 12 July 20,2006 — that should be looked at as well for existing violations. Brookridge Court has concerns about watercourse and hope that will be studied as well. The applicant stated the trucks are with the Thruway Authority, not the cemetery. The variances are coming up because the applicant revised the plans. Chairman Agatston stated that the variances need to be addressed — the Board needs to talk to the building inspector and get some answers from him — the Board also needs to discuss the street scape -there is a lot of work to be done. The Planning Board is not the ultimate determining factor for variances — but the Board can recommend or not recommend to the ZBA. Chairman stated that the Board would do a site visit but not until the applicant has met with the Building Department and FP Clark. Chairman Agatston called for a 5-minute recess. Reconvene 5. An application by Doral Conference Center Corporation for Site Plan approval and modification to an approved Site Plan by constructing additional tennis courts within a bubble enclosure on Anderson Hill Road. Mr. Accurso recused himself from the matter. Mr. Bruno Gioffre addressed the Board on behalf of the applicant and stated the proposal is to expand upon a small portion of the site—the proposal is to add to the tennis facilities by adding two additional tennis courts back to back and to cover them in the same fashion on a seasonal basis and also make permanent an existing small trailer for office use. This existing structure remains covered on a permanent basis because it is located at a dogleg 9t" hole and it protects people here from bad golfers. The purpose of the additions is to accommodate a growing demand for tennis in this area and would involve the presence of touring pros. Mr. Mastromonico, P.E., the applicants' engineer, went over the plans with the Board stating also that they had addressed Mrs. Timpone-Mohamed's comments. On Stormwater management, he stated that they believe there are separate requirements for redevelopment that will apply here — we believe that we will be providing adequate management for these structures. We also believe the structure will not be visible from Anderson Hill Road. Chairman Agatston stated that there is a lot missing for this application so I am not sure why the Applicant is here tonight. Mr. Carosi addressed the Board and stated this project should be before the Planning Board so that you are aware of the concept and the layout before the applicant invests a lot of time and money on something that the Board might end up significantly adjusting. Planning Board Meeting Page 10 of 12 July 20,2006 Chairman asked Mrs. Timpone-Mohamed if there were any other issues that need to be addressed. Mrs. Timpone-Mohamed addressed the Board. A major concern is locating the original PUD plans and what was approved for this conference center. More research is still necessary. The other issue has to do with the site plan — there is a lot of earthwork required here and an 8-foot retaining wall is a sizable one. Also to consider is that Anderson Hill Road is in the Scenic Road Overlay District. In addition to that, large trees will be removed as well. These issues must be addressed. Chairman Agatston recommended the applicant sit down with Mrs. Mohamed and Mr. Carosi so that everyone is on same page and come back with a modified plan. The chairman suggested it be put on the agenda for the 24th of August as long as the Board has the go ahead from Victor and Marilyn. Chairman asked for a site visit on 7/27/06. 6. An application for Site Plan approval by Mr. And Mrs. Taylor to construct multiple additions and to merge 2 building lots. Chairman Agatston jumped ahead to the last item on the agenda that is an application for Site Plan approval by Mr. And Mrs. Taylor to construct multiple additions and to merge 2 building lots. Chairman advised applicants that signs were not posted as required so we have no jurisdiction to hear the application. Applicant advised to post signs and they would be put on the next agenda. 7. An application for Site Plan approval by Joseph D. Moschitto for the teardown of an existing single family residence and construction of a new single family dwelling at 41 Hillandale Road. The applicant received a waiver from the current moratorium on development in the R-20 district from the Board of Trustees. Chairman Agatston stated that this is a big project and no decisions will be made tonight. Mr. Eliot Senor, P.E., Engineer for the applicant addressed the Board and stated that we submitted a tree report that didn't make it to Mrs. Mohamed but I believe she has it now — also the plans had a June 21st date and she had plans from April — so some comments were already taken care of We have addressed most of these issues/concerns from the consultant's letter and the Stormwater Management and Sediment and Erosion Control plans have been submitted to Mr. Carosi. Chairman Agatston brought up an e-mail from neighboring resident Dean Stanton regarding this issue that he suggested the applicant review his comments before the Public Hearing. Mrs. Mohamed — Received revised plan and tree report after my memo came out. Mrs. Mohamed discussed concerns regarding the trees on this property. Trees are being Planning Board Meeting Page 11 of 12 July 20,2006 removed because of the grading that is being done and the placement of the house. We suggest that the applicant revise the first floor elevation and the grading so that additional trees might be saved. This is a much larger house than is there now. Another concern is the very long driveway. If the house was flipped, you could drive right in and the driveway would be much shorter. This is also worth considering and should be looked at again by the applicant. Chairman Agatston expressed to the applicant to review all the comments made including Mr. Stanton's. Chairman also believes that Public Hearing should be held off until one of the meetings in September. Mrs. Fredman expressed concern about the applicants coming before the Board not prepared. Mrs. Fredman believes they should come back when they are ready and maybe the consultants should tell us when they are ready. Chairman understands concerns but believes that a month is enough time for someone to prepare. Mr. Zuckerman disagrees and believes they should not come back until they are completely prepared. Chairman asked for a verbal vote from Board on scheduling the Public Hearing Mr. Accurso Recused—Pending discussion with the Ethics Board Mrs. Fredman No Mr. Grzan No Mrs. Schoen No Mr. Winter No Mr. Zuckerman No Chairman Agatston advised the applicant that some of the comments have validity and suggested a sit down with Marilyn and the Building Dept and when application is ready the Board can get you back on the agenda. Mrs. Timpone-Mohamed stated she must to know what the Board wants changed before she can take on this task of meeting with the applicant. Discussion and suggestions made by Board. Chairman Agatston asked if the Board wants to make definite suggestions to this applicant tonight or wait until Mrs. Mohamed gets her plan together. The applicant agreed to review all the concerns and meet with Mrs. Mohamed and Mr. Carost and make some changes. Chairman Agatston asked for a motion to adjourn the meeting. A motion made by Mrs. Fredman and seconded by Mrs. Schoen. Meeting was adjourned. Planning Board Meeting Page 12 of 12 July 20, 2006