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HomeMy WebLinkAbout2006-10-12 - Planning Board Meeting Minutes October 12 2006 Planning Board Draft Minutes Ver- 1 PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK, NEW YORK 10573 October 12, 2006 ROLL CALL PUBLIC HEARING RESOLUTION 1. A resolution to reschedule the November 9 and 23, 2006 Planning Board meetings to November 16, 2006. CONTINUED REVIEW 2. Bowman Avenue Development - Review of the FEIS (Final Environmental Impact Statement) and the Application for Site Plan, Steep Slopes and Wetlands permitting submitted by John Meyer Consulting, P.C. on behalf of Kip Konigsberg (K&M Realty) for property on Bowman Avenue, Rye Brook, NY, designated on the Tax Assessor's Map as Section 141.26, Block 1, Lot 1 and Lot 1.1 in the C-1 Zoning District. NEW BUSINESS WORK SESSION 3. Planning Board procedures and project reviews MINUTES 4. Review past meeting minutes Planning Board Minutes 1 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 Present Mr. Dominick Accurso Mrs. Michele Fredman Mr. William Laufer Mr. Warren Agatson Mr. John Grzan Mr. Gary Zuckerman Excused Mrs. Amy Schoen Staff: Mrs. Amy Kandel, Village Counsel Mrs. Marilyn Timpone Mohamed Mr. Victor Carosi, Village Engineer Mr. Mike Nowak, Jr. Village Engineer Chairman Agatston opened the meeting with the Pledge of Allegiance. Chairman introduced the members of the Board and Staff present. The next meeting is scheduled for Thursday, October 26, 2006. Chairman explained that there are two matters on the agenda tonight and when those are complete, the Board will adjourn to the meeting room for a work session on Planning Board procedures. Chairman Agatston stated also that there would only be one meeting in November and that would be on the 16th RESOLUTION 1. A resolution to reschedule the November 9 and 23, 2006 Planning Board meetings to November 16, 2006. Chairman Agatston stated that there was not a lot of discussion needed and would just like a brief statement from Mrs. Mohamed. Mrs. Mohamed stated that the application is here for approval of steep slopes. Mrs. Mohamed read the resolution into the minutes as follows: Chairman Agatston asked for a motion to accept the resolution as read: Motion made by Mr. Gary Zuckerman and seconded by Mrs. Michele Fredman Brief discussion about number of covered structures — Mr. Zuckerman was under the impression that there is 2 and not one — did not believe that the application is to cover permanently and to add a 3'6 court to the total number of structures is 2. Chairman Agatston stated that this is only for steep slopes...so not an issue. Chairman asked Mr. Nowak to take the roll Planning Board Minutes 2 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 Mr. Dominick Accurso Yes Mrs. Michele Fredman Yes Mr. William Laufer Yes Mr. John Grzan Yes Mr. Gary Zuckerman Yes Chairman Agatson Yes CONTINUED REVIEW 2. Bowman Avenue Development - Review of the FEIS (Final Environmental Impact Statement) and the Application for Site Plan, Steep Slopes and Wetlands permitting submitted by John Meyer Consulting, P.C. on behalf of Kip Konigsberg (K&M Realty) for property on Bowman Avenue, Rye Brook, NY. Chairman Agatston stated that the Board cannot act on the steep slopes wetlands permit until the Board of Trustees issues its findings. This Board should consider the larger issues that may exist in this matter so we can make some recommendations to the Board of Trustees. Some of those issues are the number of units planned to be constructed which is 10 separate dwelling units in 3 separate structures. There is also a question about stabilizing the slopes in the pond. There is a construction plan in the FEIS and we may want to look at that especially due to the school and the shopping center. We also have a letter from Westchester County we need to look at as well. Other issues include sufficient parking and sufficient open space. Chairman Agatston stated that these are just some of the issues he thinks we should look at as well as the resolution that is required. Mr. Wexstein addressed the Board on behalf of the applicant. We are prepared to address some of the technical questions brought up by the Village Planners. Mr. Wexstein also stated that they want to get the Board comments and concerns and will do their best to address them. Mr. Wexstein also added that the concern over the number of units is a concern because they would be averse to reducing the number that is being presented. This is a development that originally called for a 4000 square foot restaurant and 9 units on the strip. There has been a reduction in the plan that is very substantial since then which includes the donation of the strip to the Village. The open space he believes should be looked at as a whole. The entire piece going to the Village is open space. Mr. Wexstein asked that the Public Hearing resolution go thru tonight. Mr. Ryan addressed the Board on behalf of the applicant and wants to address some of the issues brought up. This is not the first time we have heard from the County—the first comment is about a stream control permit and a curb cut permit— both of which we have acknowledged and addressed. With regard to the density of the plan — the plan we have brought forward is in essence a conservation plan — it does provide for open space — it does have a positive affect on the wetland encroachments — the storm water management and the impact on water quality. The heart of the matter relates to storm water management — the County did not review the Storm Water Management report in the Planning Board Minutes 3 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 FEIS — we have done our testing and we have good results from the percolation tests and provided the information to Dolph Rotfeld and it does in fact comply with the storm water standards. Mr. Ryan went on to further discuss this issue as raised by the County and believes that they are in compliance and have more then adequately addressed this issue. Another concern is understanding our approach to development of this property. We have steep slopes on the banks and some of them are being retained by the material that was dumped in this site such as construction material. The top of the property is the development area. What we are doing to make sure that we have no issues — we are looking at staging the development of the property — we will be working on the slope areas to stabilize the slopes from the fringe area of the wetlands to the top of the slope. We have already agreed to have other consultants on board to monitor the project on a step by step basis. This will all take place prior to construction of the project. As far as the affordable housing issue — that was addressed with the Village Board and we believe the Village was not interested in that at this time...but we had brought it up as a discussion item and it did not go any further. Chairman Agatston asked Mr. Carosi for any comments in regard to storm water. Mr. Carosi addressed the board and stated that at this point — they have been working closely with Mr. Rotfeld and the applicant and we are comfortable with it at this point. We are also looking at the type of maintenance and ownership of the maintenance for the future so that the systems being installed do have a defined maintenance protocol— some type of organization that has ownership of the maintenance of these units in the future. Chairman Agatston asked for questions from the Board. Mr. Grzan asked about the water table—believes it is between 30 and 38 feet. Mr. Carosi answered that the peninsula is surrounded by water— that was a key item that our Engineers asked. Mr. Ryan explained the process to Mr. Grzan and stated that they excavated down about 6 feet to examine the soils as well to see the consistency of the material. Mr. Zuckerman asked Mr. Wexstein about the donation of the strip land to the Village and that the last time they had discussed a Conservation Easement being placed on that portion of the property. Mr. Wexstein stated that if the Village did not want the strip — a Conservation Easement would be put on that portion. Mr. Zuckerman stated that it is his understanding that the Village was going to take it and that the Easement issue should be dropped. Chairman Agatston asked that if the Village did not take the property and the Easement was granted — what would the alternative plan be — who would be responsible for maintaining the property. Mr. Wexstein stated that it would be Condominium Association land and it would have to be written in on to how it is maintained. Mr. Zuckerman stated that we should get an answer from the Village Board as to their decision on that strip. Mrs. Fredman asked if the strip portion is given to the Village— it's subdivided off of this parcel— is that correct? What I am wondering is if this is going to be a PUD —no — so if you cut a piece off of the total parcel—is there too dense a portion left for the project? Planning Board Minutes 4 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 Mr. Wexstein stated that from a zoning perspective — the open space you are creating should be donated to the Village—it would parkland or open space or pay a recreation fee instead. Mr. Laufer asked questions about the original project and asked about the addition of the last unit—from 9 to 10 units. Mr. Wexstein explained that losing the restaurant was a large economic component in making the decision to add another unit. Mrs. Mohamed addressed the Board and stated the Board has 3 jobs with this — 1 is to if you choose make some comments on the completed FEIS — it is by choice it is not required — but your comments may help the Board— 2 — recommend back to the Board about site plan issues —and the 3 d is grant the permits for wetlands and steep slopes. The FEIS is a document that is an analysis document that gives a lot of detail about the project and how it impacts the site...because items are in the FEIS—it does not mean that that particular site plan is the one we have to accept. That being said the items that Mr. Ryan characterized the items the Board should be looking at, quite well. There is a concern by the County that this site in the middle of two moving streams of water, that the steep slopes are scoured regularly by water....now you are putting soil and there may be certain areas that may need something that's different from the wetlands plantings — maybe something more stable. This is the point in time where it gets honed down to a final plan. The other concern is if there is enough parking for 10 units — there is no adjacent street parking anywhere near there — maybe the building are too close to the sensitive areas and monitoring those slopes becomes more difficult. These are issues that will need to be looked at. We are asking for an updated survey because it is possible the peninsula has reduced in size because of the water flow. In terms of maintenance — this will be a serious issue and the homeowners association should have a spelled out plan for that going forward. Another issue is looking at this development as far as tenants asking to expand in the future— adding a deck—building out etc. Mr. Accurso asked about the wetland buffer — and it was stated that the project is the buffer. Mr. Accurso stated that he takes issue with the statement made about historical data and the issue of flooding. He brought up the date of the study which was done prior to the Village being founded. Mr. Accurso asked about the thresholds and what they are. Mr. Ryan answered that the Village of Rye Brook study was correct but the data may be from 1979 but that he would look into that and get him an answer. Mr. Ryan reiterated that there were no studies available about the flooding issues — if there are — they have not been able to find any...the Village Engineer was also asked for these documents. Mr. Grzan stated that we should adopt Mrs. Mohammed's concerns and get our comments to the Board. Chairman Agatston suggested that the Board comment to the Board of Trustees that if there is a homeowners association — that they have some kind of requirement that they maintain the infiltration systems, the steep slope etc. Chairman Agatston asked how they get their comments to the Board...in what form and Mrs. Mohamed stated that they could draft a document. Planning Board Minutes 5 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 Chairman Agatston stated that he did not want to slow up the process for the applicant and that if the Board was agreeable that the Board should agree to draft it and forward it to the Board. Mr. Grzan stated that there is a time limit... Mrs. Mohamed agreed but also stated that most times they are exceeded and mutually agreed with the applicant. Chairman Agatston asked for the Board to get their recommendations and comments to Mrs. Mohammed to get in a draft form for us to review at our next meeting and then we can forward them to the Board. Mrs. Mohammed stated that the Board is looking for recommendations from this Board— for instance if you thought there was something missing from the FEIS but this would be like the County — they have concerns about the things missing from this project — the Board will look at what you are recommending but they don't have to adopt it. Mr. Zuckerman stated that he does not see how we can go forward unless we have a storm water management and sediment and control plan approved by the Village Engineer. I think we need to see that before we can go forward and make a recommendation to the Board of Trustees. I would also like to see some of Marilyn's issues addressed at the next meeting. Further discussion on environment impacts now with this plan and in the future on other projects. Mr. Wexstein stated that they will have a wetlands consultant at the next meeting to further address these concerns. Chairman Agatston asked the applicant to schedule something with Victor for this Board to do a walk thru of the site. Chairman Agatston reviewed some of the issues brought up this evening about parking—mitigation— storm water management and traffic. Chairman Agatston asked for the resolution to schedule the Public Hearing for the steep slopes and wetlands permit...tentatively scheduling an AM visit for the 21" about 8:30 am for a walk thru of the site. Mr. Accurso asked Mrs. Mohamed what she is requesting — and she responded that she would like more information about the mitigation plan—more then is in the FEIS. Mr. Accurso stated that he cannot consider the resolution without the information that we require. Mr. Ryan stated that all the filing have been done and were filed in April. Chairman Agatston stated that this is just for the Public Hearing...we have a lot more input and the Public will have a lot more input...it does not mean that we are handing them a permit on the 215t...but we can start to move this along. Mr. Zuckerman asked that the Public Hearing only be set when the information is complete — maybe at the following meeting. Chairman reminded Mr. Zuckerman that there is only one meeting in November and that they will have the wetlands expert here...there is no reason to put this off. Mrs. Mohamed read the resolution into the minutes setting the Public Hearing... Planning Board Minutes 6 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 October 12, 2006 APPROVED RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR WETLANDS AND STEEP SLOPES PERMITS SUBMITTED BY K&M REALTY GROUP, LTD. FOR THE BOWMAN AVENUE DEVELOPMENT, SECTION 1, BLOCK 22, LOTS 2B and 2B2 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Village of Rye Brook Planning Board received an application from K&M Realty Group, Ltd. (the "Applicant") for Wetlands and Steep Slopes Permits for the construction of ten residential dwelling units, parking facilities, lighting, landscaping, and related site development; and WHEREAS, the X4.039-acre property, approximately 1.67 acres of which is open water, is located on the south side of Bowman Avenue approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District, in the Village of Rye Brook, New York and is shown as Tax Lot Section 1, Block 22, Lots 2B and 2132. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall open a public hearing on October 26, 2006 at 8:00 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the applications for permits; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Planning Board Minutes 7 of 8 October 12, 2006 October 12 2006 Planning Board Draft Minutes Ver- 1 On a motion by Mr. Grzan and seconded by Mr. Zuckerman, the roll was called: Mr. Dominick Accurso No Mrs. Michele Fredman Yes Mr. William Laufer Yes Mr. John Grzan Yes Mr. Gary Zuckerman Yes Chairman Agatson Yes Chairman stated that the draft of 4 minutes has been delivered — he wants the Board to read them carefully and have any revisions e-mailed to Mr. Carosi so that at the next meeting we could get something done. Chairman asked for an adjournment of the Public meeting at 9:42 Planning Board Minutes 8 of 8 October 12, 2006