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HomeMy WebLinkAbout2006-11-16 - Planning Board Meeting Minutes NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-I VILLAGE OF RYE BROOK PLANNING BOARD MINUTES VILLAGE HALL, 938 KING STREET, RYE BROOK,NY 10573 NOVEMBER 16, 2006 ROLL CALL: PUBLIC HEARING 1. Bowman Avenue Development - Review of the FEIS (Final Environmental Impact Statement) and the Application for 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. • Referral of comments to The Village Board of Trustees regarding the FEIS and Mitigation Plan CONTINUED BUSINESS 2. Review of 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 Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.84, Block 1, Lot 19 in the R-25 zoning district. • Consider a resolution to schedule a Public Hearing NEW BUSINESS 3. Review of an application for Site Plan Approval by Mr. & Mrs. Rietti for the construction of a new in-ground pool at 48 Lawridge Drive Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 49 in the R-15 zoning district. PLANNING BOARD MEETING 1 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-1 PRESENT BOARD Mr. Dominick Accurso Mrs. Michele Fredman Mr. William Laufer Mrs. Amy Schoen Chairman Warren Agatston EXCUSED Mr. John Grzan Mr. Gary Zuckerman STAFF Mrs. Amy Kandel, Village Counsel Mr. Victor Carosi, Village Engineer Ms. Evren Ulker-Kacar, Village Planner Mr. Mike Nowak, Jr. Village Engineer Ms. Shari Melillo, Meeting Secretary Mr. Paul Rosenberg, Board of Trustees Planning Board Liaison Chairman Agatston opened the meeting with the Pledge of Allegiance and then introduced the members of the Planning Board and Staff to the public and explained the rules of procedure for the meeting. Chairman advised that the next meeting of the Planning Board will be on December 14, 2006. Chairman Agatston asked for a motion from the Board to cancel the 12/28/06 Planning Board meeting due to the Holiday. On a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Agatston Yes Chairman Agatston acknowledged Mr. Dean Santon, former Rye Brook Trustee, in the audience. PLANNING BOARD MEETING 2 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-1 PUBLIC HEARING 1. Bowman Avenue Development - Review of the FEIS (Final Environmental Impact Statement) and the Application for 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. Chairman Agatston stated that approving a resolution on this project will probably not happen tonight. This was followed with a brief discussion regarding a recommendation by the Board of Trustees regarding the strip of land the applicant wishes to gift to the Village. Chairman Agatston explained that it appears the Village is willing to accept the gift and he would like to hear more about this from the applicant so that the Planning Board can have a complete package to submit to the Board of Trustees in their recommendation. This would include topics of parking on the strip because of the lack of it on Bowman Avenue, clean up of the parcel, etc. We will hold in abeyance our recommendations to the Board of Trustees for that reason and will definitely aim at getting it completed by January. Chairman Agatston asked for a motion to continue the Public Hearing. On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Agatston Yes Mr. Wexstein, Attorney for the applicant, addressed the Board and briefly discussed the issue of the strip parcel of land and stated there would be no need for additional review stating if the Village decides not to accept it, there will be a conservation easement on it. Chairman Agatston asked if he had discussed it with the Village Attorneys and Mr. Wexstein responded that he had been unable to make contact. Mr. Ryan of John Meyer Consulting representing the applicant addressed the Planning Board and gave a brief overview of the project. In regard to parking, he explained that along Bowman Avenue, there would be a decorative wall which they have scaled back to add additional parking for overflow purposes and added that it does not affect emergency vehicle egress. Mr. Accurso is concerned about the danger to vehicles entering and exiting that area and also that it is in the scenic overlay district. Mr. Ryan responded that they are open to further discussion on that issue. He continued onto slope stability and stated that they have done in depth study on slopes to design in a PLANNING BOARD MEETING 3 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-1 way to be stable during and after construction. This was followed by a discussion/presentation about how the slopes will be made stable. He then touched on the subject of sediment and erosion control and explained there would be an aquatic silt fence to avoid transmission of erosion from bank area. He added that after construction "we will develop a planting plan that will be hopefully a productive fringe area. There is additional testing to be done. This should be fully detailed out in the next two weeks." Chairman Agatston asked Mr. Carosi if after he sees the reports, what the timing would be on the Villages end and Mr. Carosi responded, 30—45 days. Mr. Laufer asked about long-term maintenance and Mr. Ryan responded that they commit to providing reports periodically that includes a check list from a professional on a 5 year basis. Mrs. Fredman asked about a maintenance fund and Mr. Ryan said that normally some money is allotted for that. Mrs. Fredman asked about contact with the County Health Department and the issues of mosquitoes. Mr. Ryan responded that you will always have mosquitoes but he doesn't believe it will be a problem—with the species that may habitat there...it might even be a help. Mr. Accurso responded, the habitat is already there and the County did set up traps in Rich Manor Park and did get some positive results. Mr. Accurso asked about fencing which was explained by Mr. Ryan it was to keep the contractors from certain areas. Mr. Wexstein, Attorney for the applicant, requested the recommendation under SECRA be this Boards first item that is addressed because of the time constraint and stated that he would like it done tonight. Chairman Agatston stated that he would wait to the December 14 meeting because tonight he has a short board and also that Mrs. Timpone Mohamed was absent. Mrs. Kandel, Village Counsel, stated that this Board is not required to make a determination tonight. Mr. Paul Rosenberg, Planning Board Liaison, believes that the applicant is on the Board of Trustees agenda for the December meeting for SECRA. Chairman Agatston asked if we were to make recommendations tonight, would we be able at the next meeting to make additional recommendations. Mrs. Kandel stated that if the Board does not adopt the finding statements at the December 12 meeting, this Board could make additional recommendations at the December 14 meeting. Mr. Laufer asked about a traffic study and Mr. Ryan responded that there was a full traffic study done in conjunction with the FEIS. He explained that there were 4 updates so far and the Village has seen it. Mr. Accurso asked about the letter from the County Department of Planning and the recommendation of affordable housing and if the applicant has reconsidered. He believes "it is a good location for affordable housing, would like to see it here." Mr. Ryan stated that this was discussed with the Board of Trustees and based on their input the decision was made not to have affordable housing. Mr. Rosenberg did not want to comment on the subject when asked by Mr. Accurso. Chairman Agatston also stated they have not seen a report yet from the Fire Department either. PLANNING BOARD MEETING 4 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-1 Mrs. Schoen asked if we could include that we are not in support of the restaurant? Mrs. Kandel stated that could be done at a different point. Chairman Agatston asked about the parking issue in the resolution and stated we should make a recommendation about having additional parking. Mrs. Fredman asked about the mosquito issue and Mr. Ryan stated that he would contact the Health Department and have an answer at the next meeting and should include it in the resolution. Mrs. Schoen asked about snow removal and Mr. Ryan stated that those are site plan issues. Mrs. Kandel agreed. Chairman Agatston asked Mrs. Kandel to read the resolution into the minutes: Chairman Agatston asked for a motion to accept the resolution as read and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso No Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Agatston Yes Chairman Agatston asked for a motion to adjourn the Public Hearing to December 14, 2006. On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Agatston Yes CONTINUED BUSINESS 2. Review of 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 Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.84, Block 1, Lot 19 in the R-25 zoning district. Chairman Agatston informed the Board that the applicant listened to us and has submitted a revised plan for our review. Mr. Anthony Gioffre of Cuddy & Feder, attorney for the applicants, addressed the Board and stated that Mr. Moschitto was also in attendance tonight. Mr. Gioffre stated there have been several changes in the plan as well as the zoning district, R20 and R2. The board had several concerns originally so we have revised and PLANNING BOARD MEETING 5 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-1 modified the configuration of the driveway. The garage is now located on the right side of the house. Another concern was the elevations with the Board wanting a further reduction which has been accomplished. The total scale has been reduced as well. There are steep slopes but there is no activity in the steep slopes area except for a silt fence. Mr. Elliott Senor, Engineer for the applicant, addressed the Board and gave a detailed overview of the project. Mr. Gioffre also explained that Mrs. Timpone-Mohammed's concerns had been addressed as well. Mrs. Fredman asked about the bulk regulations and Mr. Gioffre stated that they are in compliance and no variances were needed. Chairman Agatston asked Village Counsel, Mrs. Kandel, to read the resolution on setting the Public Hearing for 12/14/06 into the minutes. Mrs. Kandel read the resolution into the minutes including the steep slopes at the applicant's request. November 16, 2006 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR A STEEP SLOPES PERMIT AND SITE PLAN APPROVAL TO CONSTRUCT A NEW RESIDENCE AT 41 HILLANDALE ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. and Mrs. Joseph D. Moschitto have made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval and Chapter 213 requesting a Steep Slopes Permit to construct a new residence, driveway and swimming pool at 41 Hillandale Road, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.84, Block 1, Lot 19 in the R-25 zoning district. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on December 14, 2006 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval and a steep slopes permit; and BE IT FURTHER RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be Type II, requiring no further review pursuant to the requirements of SEQRA; 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 6 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-1 Chairman Agatston asked for a motion to accept the resolution as read and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Agatston Yes Motion carries NEW BUSINESS 3. Review of an application for Site Plan Approval by Mr. & Mrs. Rietti for the construction of a new in-ground pool at 48 Lawridge Drive Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 49 in the R-15 zoning district. The applicants, Mr. and Mrs. Rietti, addressed the Board and explained that their Architect could not attend tonight and they wanted to answer any question the Board might have. Mrs. Fredman asked about the F.P. Clark memo, the Village Planners and that there was some question as to if this project is in compliance. Mr. Nowak, Jr. Village Engineer responded that it does meet code. Chairman Agatston asked Mrs. Kandel to read the resolution setting the Public Hearing for December 14th. Mrs. Kandel read the resolution into the minutes: November 16, 2006 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 48 LAWRIDGE DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Walter G. Nestler submitted an application pursuant to Chapter 209 of the Village Code on behalf of Mr. and Mrs. G. Rietti requesting site plan approval to construct an in-ground swimming pool and pool terrace at 48 PLANNING BOARD MEETING 7 OF 8 NOVEMBER 16, 2006 NOVEMBER 16, 2006 PLANNING BOARD DRAFT MINUTES VER-I Lawridge Drive, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 49 in the R-15 zoning district. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on December 14, 2006 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be Type II, requiring no further review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Chairman Agatston asked for a motion to accept the resolution as read and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Agatston Yes Motion carries. Their being no further business, Chairman Agatston asked for a motion to adjourn the public meeting session to discuss procedures of the Planning Board. Public meeting was adjourned at 9:13pm PLANNING BOARD MEETING 8 OF 8 NOVEMBER 16, 2006