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HomeMy WebLinkAbout2006-09-28 - Planning Board Meeting Minutes PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK,NEW YORK 10573 September 28, 2006 ROLL CALL: PROJECT REVIEW AND RESOLUTIONS 8:00 PM: PUBLIC HEARING 1. Review of a Site Plan application by G. Darcy Gibson on behalf of Stacey Malley for the construction of a new second story addition and expansion of the existing home at 18 Woodland Drive. RESOLUTION 2. Consider a resolution for a Site Plan application by Zachary Brandon, LLC for the construction of a patio at the rear of the existing home at 38 Woodland Drive. DISCUSSION ITEM 3. Overview of the FEIS (Final Environmental Impact Statement) and discussion of the application for Site Plan, Steep Slopes and Wetlands permitting submitted by John Meyer Consulting, P.C. on behalf of Kip Koningsberg (K & M Realty) for the property on Bowman Avenue. Planning Board Minutes 1 of 11 September 28, 2006 PRESENT BOARD Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Mr. Gary Zuckerman Chairman Agatston STAFF Mrs. Marilyn Timpone-Mohamed, Planning Consultant Mrs. Amanda Kandel, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak, Jr. Village Engineer Shari Melillo, Secretary Paul Rosenberg, Board Liaison Chairman Agatston welcomed everyone and opened the meeting with the Pledge of Allegiance. Chairman Agatston introduced the members of the Board and the Staff present. Chairman asked for a motion to cancel the November 9th meeting and schedule a meeting on November 16th On a motion made by Mrs. Fredman and seconded by Mrs. Schoen, a voice vote was taken. Mrs. Michele Fredman Yes Mr. John Grzan Yes Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Mr. Gary Zuckerman No Chairman Agatston Yes PUBLIC HEARING 1. Review of a Site Plan application by G. Darcy Gibson on behalf of Stacey Malley for the construction of a new second story addition and expansion of the existing home at 18 Woodland Drive Chairman Agatston opened the matter stating that the applicant has submitted modifications, as late as yesterday, but according to our Planner, there is still a lot of information missing. This application may require a lot of conditions and this Board does not like to do that. Ms. Malley has had a difficult time with the moratorium and the Planning Board Minutes 2 of 11 September 28, 2006 waiver but there are still some concerns including the new zoning law that was just passed by the Board of Trustees. Mr. Zuckerman noted that even if we were to pass this resolution tonight, the applicant would still have to go to the Zoning Board to get the permit. Unless they have changed the plans to comply with the new zoning, the applicant will have to go to the Zoning Board. Mr. Rosenberg, Trustee Liaison, stated that the applicant is not subject to the new law—if you vote on it tonight, it will be based on the old zoning code. The Zoning Board will have to deal with the new code that will be in effect by then. Chairman Agatston asked for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman the role was called: Mrs. Michele Fredman Yes Mr. John Grzan Yes Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Mr. Gary Zuckerman No Chairman Agatston Yes Stacey Malley, applicant, addressed the Board. She thanked Trustee Rosenberg because she was worried about the New Zoning Law. Stated that she does not know yet what exactly is missing—things were submitted late. She then gave a brief overview of the project. Mr. Gibson, Architect for the applicant addressed the Board. He also gave a brief overview of the project and showed pictures to the Board of the existing home and the new home from different angles. Mrs. Timpone-Mohamed addressed the Board. She explained that her last memo was dated 9/21 and she only received new plans yesterday afternoon. Mrs. Mohamed also stated that Mr. Izzo, Building Inspector, had written a memo on 9/26 reviewed it against the old and new codes and determined a variance would be required. The problem is the architectural plans that were originally submitted do not match the new site plan. Mr. Laufer stated that according to Mr. Rosenberg, this Board was not to use the new code. Mr. Zuckerman interrupted and asked for the opinion of counsel. Mrs. Kandel addressed the Board and stated that the R25 zone does not yet exist, we can not hold the applicant to the R25 standards because it technically does not exist yet. Right now you have to use the R20 standards. Mrs. Mohamed stated that she was just told that the new plans that were submitted to the Building Department do conform to the new R25 zone. The problem is there are so many Planning Board Minutes 3 of 11 September 28, 2006 plans being submitted at different times that it makes the whole procedure more complicated. At this moment under the old regulations, they do not have to go before the Zoning Board. Mr. Accurso stated that the survey submitted has a zoning table but what is disturbing is the dimensions are incorrect, that makes me suspect of all the numbers. Mrs. Mohamed stated it is up to this Board to decide. Mr. Izzo did his best today to try and accommodate the applicant. I have been reviewing these on the fly and in the end it is up to you. I also have concerns about these drawings and the discrepancies. Mr. Grzan stated with all due respect. we are all over the place and I want to help the applicant but I am not sure we can. Mr. Carosi stated, "I have not done a complete review on the stormwater, the approach is appropriate but I cannot give my complete approval tonight." Mr. Zuckerman stated that he is sympathetic to this site plan but I don't think we are quite there yet. Despite the hardships, most of these conditions should have been fulfilled by now. Chairman Agatston spoke of his concerns. If this Board adjourns this for 2 weeks the likelihood is it will be subject to the new zoning code. Mr. Zuckerman stated that it will happen anyway, but this way we will have a complete plan and no doubts as to which plan is being approved. There was a brief discussion on adjourning this matter for 2 weeks. Chairman Agatston asked Mr. Carosi to address the Board. Mr.Carosi discussed the applicants plan with the Board and addressed a concern about the driveway and the lack of a turnaround space.... getting in is not the problem, but getting out will be difficult. Another discussion ensued between the applicant and the Board Mrs. Timpone-Mohamed reviewed the proposed resolution and noted that the conditions 3 thru 7 are really technical issues, not site plan issues and recommends that the Board could vote on this. Mr. Accurso disagrees and believes they are site plan issues Chairman Agatston stated he can close the Public Hearing but not vote on the resolution and asked for a feeling from the Board. Chairman Agatston asked for a motion to close the Public Hearing. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the role was called: Mr. Accurso Yes Mrs. Fredman Abstain Mr. Grzan Yes Planning Board Minutes 4 of I I September 28, 2006 Mr. Laufer Yes Mrs. Shoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Mrs. Timpone-Mohamed read the resolution into the minutes: September 28, 2006 APPROVED RESOLUTION APPROVING A SITE PLAN FOR SITE AND BUILDING ALTERATIONS AT 18 WOODLAND DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. G. Darcy Gibson, R.A., on behalf of Ms. Stacey Malley, has made an application 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 and pursuant to Chapter 245 of the Village Code requesting a Wetland Permit for site modifications at 18 Woodland Drive, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.36, Block 1, Lot 25 in the R-20 zoning district; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application 2. Short Environmental Assessment Form 3. Exterior Building Permit Application 4. Topographic survey prepared by Rob Laropoli, L.S., New Rochelle, NY, completed May 18, 2006, mapped May 20, 200 and last revised August 29, 2006. 5. Letter dated May 2, 2006 from Ms. Stacey Malley to the Village of Rye Brook Board of Trustees 6. Letter dated May 23, 2006 from Ms. Stacey Malley to the Village of Rye Brook Building Department 7. Architect's Plans, prepared by G. Darcy Gibson, Rye, NY: Planning Board Minutes 5 of 11 September 28, 2006 Sheet Number Sheet Title Dated 1 of 7 Site Plan 5/03/06 Rev. 5/25/06 2 of 7 First Floor Plan 3/07/06 Rev. 5/25/06 3 of 7 Second Floor Plan 3/07/06 Rev. 5/25/06 4 of 7 Front (South) Elevation 4/05/06 Rev. 5/25/06 5 of 7 Rear (North) Elevation 5/19/06 Rev. 5/25/06 6 of 7 Side (East) Elevation 5/19/06 Rev. 5/25/06 7 of 7 Side (West) Elevation 5/19/06 Rev. 5/25/06 s. Additional Architect's Plans, prepared by G. Darcy Gibson, Rye, NY: 1 of 3 Site Plan, Stormwater, Zoning 6/30/06 Rev. 9/26/06 2 of 3 Site Work Details 6/30/06 3 of 3 Second Floor HIS Ratio 5/3/06 Rev. 9/18/06; and WHEREAS, the Planning Board of the Village of Rye Brook declared itself Lead Agency for review of the subject application in accordance with Article 8 of the State Environmental Conservation Law (SEQRA) and 6 NYCRR Part 617 and determined the proposed action to be a Type 11 Action requiring no additional review under SEQRA; and WHEREAS, the Applicant was granted a waiver from the 2006 Interim Development Law by the Village Board of Trustees on June 13, 2006; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information submitted and made recommendations regarding the site plan and survey, zoning, setbacks, impervious surface coverage, tree protection, landscaping, storm water management and erosion and sediment control; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, the existing impervious surface coverage on the lot generally and within the front yard have been reduced, the gross floor area of the dwelling would not be increased beyond what is allowable, existing mature trees will be protected and preserved, and storm water management on the lot will be improved by installation of storm water management facilities; and WHEREAS, on September 28, 2006, the Planning Board opened a public hearing on the subject applications, at which time all persons interested were given Planning Board Minutes 6 of 11 September 28, 2006 an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on September 28, 2006. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the site plans listed herein and a Permit to Perform Regulated Activities in a Wetland for the removal of an existing driveway and construction of additions to the home at 18 Woodland Drive subject to the following conditions: 1. Revision of the site survey to include the 100-foot regulated watercourse buffer. 2. Revision of planting plan to add notes indicating locations of all re-seeding and plantings including those in the front yard. 3. Verification of all zoning calculations by the Village Building Inspector and correction on forms and drawings of those calculations or measurements that are incorrect or missing. 4. Approval of the storm water management plan by the Village Engineer. 5. Approval of the erosion and sediment control plan by the Village Engineer. Chairman Agatston asked for a motion to accept the resolution as read. On a motion made by Mr. Laufer and seconded by Mr. Grzan the role was called: Mr. Accurso Yes Mrs. Fredman Abstain Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen No Mr. Zuckerman No Chairman Agatston Yes Motion carries. Chairman Agatston thanked the Board and expressed to the applicant that they should get the plans corrected. Applicant thanked everyone for their help. Next Agenda Item: RESOLUTION 2. Consider a resolution for a Site Plan application by Zachary Brandon, LLC for the construction of a patio at the rear of the existing home at 38 Woodland Drive. Planning Board Minutes 7 of 11 September 28, 2006 Chairman Agatston stated that the Public Hearing is closed; this is just before the Planning Board for a vote. Mrs. Timpone-Mohamed read the resolution into the minutes: Chairman Agatston asked for a motion to accept the resolution as read. A motion was made by Mr. Grzan and seconded by Mrs. Schoen Mr. Laufer brought up the issue of stormwater and questioned the existing swale causing a problem for the neighbor as referenced from a letter he received this day. Mrs. Kandel stated that the stormwater was addressed and Mr. Carosi has approved it and as far as an amendment to the resolution, you could put a condition in to make sure it works as planned. Chairman Agatston asked for a 5-minute recess to discuss the Resolution Reconvene Mrs. Timpone-Mohamed read the amended resolution into the minutes: Chairman Agatston asked for a motion to accept the amended resolution Motion made by Mr. Zuckerman and seconded by Mrs. Fredman. Further discussion on the wording of the amendment ensued. It was rewritten and reread: September 28, 2006 Denied RESOLUTION APPROVING AMENDMENT OF AN APPROVED SITE PLAN FOR 38 WOODLAND DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Deborah Rothstein has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting to amend a site plan as approved by the Village Planning Board on July 14, 2005 (Sheet GD-1, Grading and Drainage Plan) to add a patio and steps at the rear of the home under construction at 38 Woodland Drive, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.44, Block 1, Lot 28 in the R-20 zoning district; and WHEREAS, the Village Planning Board approved Sheet GD-1, Grading and Drainage Plan, dated February 1, 2005, as the site plan on July 14, 2005; and Planning Board Minutes 8 of 11 September 28, 2006 WHEREAS, the Applicant was granted a waiver from the 2006 Interim Development Law by the Village Board of Trustees on June 13, 2006; and WHEREAS, the Village Planning Board is the Approval Authority for the application in accordance with Section 209-1.A (2) of the Village Code; and WHEREAS, the Village Planning Consultant, Village Engineer and the Planning Board have reviewed the information submitted and made recommendations regarding zoning, grading, tree protection, construction plan stormwatcr management and erosion and sediment control; and WHEREAS, the Planning Board has reviewed the information submitted by the Applicant in connection with the application, including an Environmental Assessment Form (EAF), the report and recommendations of the Village Consultants, Village Engineer and Village Attorney and the following plans: 1. Sheet GD-1, Grading and Drainage Plan prepared by William Morgenroth, P.E., Purchase, NY, dated February 1, 2005 and last revised June 21, 2006 2. Sheet EC-1, Erosion Control Plan prepared by William Morgenroth, P.E., Purchase, NY, dated February 1, 2005 and last revised June 23, 2006 3. Sheet D-1, Details prepared by William Morgenroth, P.E., Purchase, NY, dated February 1, 2005 and last revised June 21, 2006; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on September 14, 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 September 14, 2006; and WHEREAS, the new impervious surface coverage on the lot would not be increased beyond what is allowable, the existing trees would be preserved to the greatest extent possible, storm water management on the lot would be adequate and erosion and sediment control would be provided during construction. NOW, THEREFORE, BE IT RESOLVED, that the Village Planning Board determines the modifications to the site plan (Sheet GD-1, Grading and Drainage Plan prepared by William Morgenroth, P.E., Purchase, NY, dated Planning Board Minutes 9 of 11 September 28, 2006 February 1, 2005) to be minor in nature and hereby approves the amended site plan (Sheet GD-1, Grading and Drainage Plan revised June 21, 2006) referenced above for 38 Woodland Drive subject to the following condition: 1. That the Village Engineer verifies (a) that the system as been installed as designed and (b) that the system functions as intended. Mr. Accurso No Mrs. Fredman No Mr. Grzan No Mr.Laufer No Mr. Schoen No Mr.Zuckerman Yes Chairman Agatston Yes Motion denied. DISCUSSION ITEM 3. Overview of the FEIS (Final Environmental Impact Statement) and discussion of the application for Site Plan, Steep Slopes and Wetlands permitting submitted by John Meyer Consulting, P.C. on behalf of Kip Koningsberg (K& M Realty) for the property on Bowman Avenue. Chairman Agastson gave a brief overview of what is involved with this project and stated that this was originally brought to the Board in 1996. This plan was revised from the original and there are many issues involved. Mrs. Timpone-Mohamed addressed the Board. She gave a description of the project and stated that the application was referred back to the Planning Board from the Village Board of Trustees for review of the revised application and to make a recommendation on the site plan. The FEIS was accepted and the BOT also chose to set a Public Hearing. Mrs. Timpone-Mohamed explained the SEQRA rules of procedure with this project based on the FEIS. Mr. Adam Wexler, Attorney for the applicant, discussed the plan with the Board and stated that the Findings Statement is not the site plan approval, but it has a lot of force. The original plan has been revised. This new plan has 10 units on the peninsula and now there is a lot of property that will be given to the Village...we are hoping that we can move on having you make a recommendation to the Board of Trustees and also to set the Public Hearings on the Wetlands and the Steep Slopes permits required. Planning Board Minutes 10 of 11 September 28, 2006 Mr. Kip Koningsberg of K & M Realty, addressed the Board regarding the small piece of property that was questioned belonging to the City of Rye. This piece actually belongs to the County of Westchester, not the City of Rye....we are in possession of the deed to show that. Mr. Jim Ryan, Consultant for the applicant, addressed the Board and discussed the impacts of this project originally and thus the revision of the plan. There are 2 properties separated by the Blind Brook. He went over the plan in detail with the Board and addressed the traffic and environmental aspects of the plan. The Board agreed to adjourn this matter to the next meeting on October 12tH The Chair asked for a motion to adjourn. Meeting adjourned at 10:54 pm. Planning Board Minutes 11 of 11 September 28, 2006