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HomeMy WebLinkAbout2006-12-14 - Planning Board Meeting Minutes DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK,NEW YORK 10573 December 14, 2006 PUBLIC HEARINGS 1. 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. • Considering a Resolution for a Site Plan Permit to construct a pool at 48 Lawridge Drive. 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 at4l Hillandale Road Rye Brook, NY, designated on the Tax Assessor's Map as Section129.84, Block 1, Lot 19 in the R-25 zoning district. • Considering a Resolution for a Site Plan Permit to construct a single family dwelling and pool at 41 Hillandale Road. 3. Bowman Avenue Development - Review of an 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. PLANNING BOARD 1 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 NEW BUSINESS 4. Bowman Avenue Development - Review of an Application for Site Plan 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. 5. Review of an application for Site Plan Approval by New Cingular Wireless PCS for the construction of new roof top mounted wireless antennas at 4 international Drive Rye Brook, NY, designated on the Tax Assessor's Map as Section 124.8 1, Block 1, Lot 1 in the OB-1 zoning district. 6. Review of an Amendment to Chapter 250 of the Zoning Code regarding Election and Construction Signs • Possible referral and recommendation to Village Board of Trustees 7. Review Draft Local law Regarding Residential Standby Generator Regulations. • Possible referral and recommendation to Village Board of Trustees DISCUSSION ITEMS 8. Sub Committee report on Planning Board Rules and Procedures. PLANNING BOARD 2 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 PRESENT BOARD Mrs. Fredman Mr. Grzan Mrs. Schoen Mr. Zuckerman Chairman Agatston EXCUSED Mr. Bill Laufer Mr. Dominick Accurso STAFF Mrs. Marilyn Timpone-Mohamed, Village Consultant Mrs. Amanda Kandel, Village Counsel Mr. Victor Carosi, Village Engineer Mr. Mike Nowak, Jr. Village Engineer Mr. Paul Rosenberg Chairman Agatston opened the meeting with the Pledge of Allegiance led by Mr. Grzan. Chairman Agatston explained the rules of procedure to the audience. Next meeting of the Planning Board will be January 11, 2007. After Public Hearings, there will be a brief report of the sub committee regarding Planning Board procedures and reviews. PUBLIC HEARINGS 1. 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. • Considering a Resolution for a Site Plan Permit to construct a pool at 48 Lawridge Drive. Chairman Agatston confirmed with Mr. Carosi that the mailings and signs were properly posed, the response was yes. Chairman Agatston asked for a motion to open the Public Hearing and on a motion by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes PLANNING BOARD 3 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Mr. Zuckerman Yes Chairman Agatston Yes Mr. Walter Nestler, Architect for applicant addressed the Board and stated that the comments previously brought up have all been addressed. Mrs. Mohamed agreed. Chairman also stated that storm water management and erosion control — all ok per Victor Carosi. There being no more comments, Chairman Agatston asked for motion to close Public Hearing. On a motion by Mr. Zuckerman and seconded by Mrs. Schoen, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Chairman Agatston asked for Mrs. Mohamed to read the resolution into the minutes December 14, 2006 APPROVED RESOLUTION APPROVING A SITE PLAN TO CONSTRUCT AN IN-GROUND SWIMMING POOL AND POOL TERRACE AT 48 LAWRIDGE DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Walter G. Nestler, on behalf of Mr. and Mrs. G. Rietti, has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval to construct an in-ground swimming pool and pool terrace at 48 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; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application 2. Exterior Building Permit Application 3. Short Environmental Assessment Form PLANNING BOARD 4 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 4. Topographic survey prepared by Erik J. Link of Link Land Surveyors, P.C., Mahopac, NY, dated October 10, 2006 5. Architect's Plans, prepared by Walter G. Nestler, New Rochelle, NY: Sheet Number Sheet Title Dated Sheet 1 of 5 Site Plan 7/5/06 Rev.]]/]4106 Sheet 2 of 5 Impervious Surface/ 7/5/06 Rev.]]/]4106 Lot Coverage Plan Sheet 3 of 5 Grading &Planting Plan 7/5/06 Rev.]]/]4106 Sheet 3A of 5 Grading &Planting Plan 7/5/06 RevJ /14/06 Sheet 4 of 5 Construction Details 7/5/06 Rev.IM 4106 Sheet 5 of 5 Tree Protection Plan 7/5/06 Rev.11114106; and WHEREAS, the Planning Board of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type II Action requiring no additional review under SEQRA; 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 proposed swimming pool (748 square feet in area) and its associated pool terrace (675 square feet) would increase the total impervious surface coverage on the lot from 3,643 square feet to 5,066 square feet which is 234 square feet less than the total maximum allowable impervious surface coverage of 5,300 square feet, and the proposed swimming pool appears to conform to all zoning requirements for swimming pools and pool equipment; and WHEREAS, on December 14, 2006, the Planning Board opened a public hearing on the subject applications, at which time all persons interested were given PLANNING BOARD 5 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on December 14, 2006. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby approves the site plans listed herein for the construction of an in-ground swimming pool at 48 Lawridge Drive. Chairman Agatston asked for motion to approve the resolution as read and on a motion made by Mr. Zuckerman and seconded by Mrs. Schoen, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes 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 at41 Hillandale Road Rye Brook, NY, designated on the Tax Assessor's Map as Section129.84, Block 1, Lot 19 in the R-25 zoning district. • Considering a Resolution for a Site Plan Permit to construct a single family dwelling and pool at 41 Hillandale Road. Chairman Agatston stated that there are some issues that will be raised regarding zoning calculations and some other minor issues. Chairman asked for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Zuckerman, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Chairman Agatston stated that the applicant has submitted revised plans but there are still issues regarding screening and some issues that may impact neighbors as well. Mr. Gioffre addressed the Board on behalf of the applicant. Mr. Gioffre stated that the revised plans have been submitted and briefly gave an overview of the project and the changes that have been made to address the concerns of the consultant and the Board. The current plan also demonstrates additional landscaping PLANNING BOARD 6 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 to the neighbor to the right— there will be no regulated activity in the steep slopes except for silt fencing during construction. Mrs. Mohamed addressed the Board and said the plan is much improved from the original— there are some small planning comments such as the zoning calculations — the landscape plan comments have been addressed. There is still some concern about where the easement lies on the property and screening has been added for the benefit of the neighbors. The rest of the comments are technical comments that the applicant could easily handle. Chairman Agatston stated that storm water management and erosion control have all been approved as well. Mr. Senor addressed the Board and explained the easement situation and stated that he discussed with the Village correcting the easement so that it is right for the future. Mr. Dean Santon addressed the Board and stated that he appreciates the changes the applicant has made to address my concerns —has come a long way with this site design. Wants to make sure that the drawings are correct because he believes there are some differences. Regarding the easement — the easement doesn't change — the man hole covers may be in the wrong place but we need to see that properly documented on paper. Stated that he had a problem with sewage in his basement due to a sewer line blockage and it flooded Hillandale and he doesn't want a problem with that again—wants to make sure how far from the easement/manhole covers is the house going to be—if the easement caves in from the pressure of the construction......the drawings show it less then 5 feet from where the easement was. Mr. Gioffre stated that we all want this addressed to avoid any problems in the future. Chairman Agatston stated that we will adjourn tonight and that we will get a resolution at the January 11 th meeting. Mr. Carosi addressed the board and stated that one of the items he is concerned with was where the house footings will be— that the weight will not affect the sanitary piping. The applicant did provide a profile for us and we are comfortable enough that the house is far enough away that any footings/weight will not cause any issues. The file easement and the actual installed piping is where the discrepancy is and that's what needs to be corrected. As long as the angle of influence to the home does not affect the piping that is our only concern. Brief discussion about the easement continued and basically Mr. Carosi re-stated that they are fairly confident that the footings of the house will not affect the pipes...his office is certain of that. Mr. Santon clarified that the easement was done in 1972 — it is not clear that the municipality ever was involved with the easement. The Village may find that the Arbors has a vested interested in this as well. Chairman Agatston stated that Counsel and Mr. Carosi are going to have to look into this. Chairman Agatston asked for any further questions. Mr. Gioffre stated that it is in everyone's best interest to get the easement done correctly. Mr. Zuckerman brought up the memo from Mr. Santon and would like the applicant to review it with the Village Engineer so that when we come back here....it is all done correctly. Chairman Agatston stated that we don't want to have to bring the applicant back here...that these are small issues to handle with the Building Department. PLANNING BOARD 7 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Mr. Gioffre stated that Mr. Izzo has reviewed the calculations and they are correct. Mr. Grzan stated that we should get something from Mr. Izzo to confirm that. Mr. Gioffre stated that there are no further open issues and asked why we can't close the Public Hearing tonight? Chairman Agatston stated that he has no problem with that. Mr. Zuckerman stated that he feels we should hold the Public Hearing open just in case...there is no harm...if something should come up in the mean time...it would be in the applicants best interest to keep it open while the resolution is prepared for the next meeting. Mr. Grzan stated that we should close the hearing tonight and take the action at the next meeting. Mrs. Fredman brought up the 11 page memo from Mr. Santon — wondering how we are going to address that if the Public Hearing is closed. Chairman stated that everything in that memo has been addressed. Mr. Carosi stated that the Building Inspector has verified— set backs — front and rear and side — the present of coverage is within requirements —height set backs are ok — gross floor area are less then required—proposed height is within 1 foot of the allowable. There are no variances required per the Building Inspector. Chairman Agatston asked for motion to close the Public Hearing Mr. Santon stated that he would like the applicant to move forward — but I have been sending the same comments since April — staff has never looked at them. The are some discrepancies — is it a veranda or a deck — you are going to pass this off to staff and let them clean up what they haven't done in 9 months —when you pass the resolution—- the Building Inspector has a set of plans that you haven't even seen yet. You should have a final plan with no discrepancies before you act. The staff needs to act and work and get this done...this is embar-rassing....the reality is the Village staff needs to address these...if my comments have no merit then dismiss them...if they have merit...then address them. Mr. Nowak addressed the Board — I would like to clarify that the Building Department has been working continuously with the applicant and his professional staff. The plans mentioned are the same ones that you have before you,the only difference is the addition of some zoning calculations. Mr. Gioffre and stated that Mr. Santon made one comment about passing this off to staff and asked...isn't that the staffs job...we have met with them many times....Mr. Carosi and Mr. Izzo have verified our calculations. Mr. Grzan stated that Mr. Santon's comments are appreciated and educational at times — I have stated that I want the staff to confirm that the calculations are correct or we have to have a set of corrected prints. I am comfortable closing this Public Hearing tonight. Mr. Zuckerman stated that he agrees with Mr. Grzan but as you know, I am against having conditions on the resolution. I think we should hold the Public Hearing open and I would also like an opportunity to hear from Mr. Accurso—he usually has very valuable insight on these issues. Chairman Agatston stated that we will adjourn the Public Hearing to January 11th — we will have resolutions prepared and I would like a final set of site plans prior — with respect to the easement—if you can do that before the next meeting great— otherwise we will condition the resolution. PLANNING BOARD 8 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Mr. Gioffre has no objection to adjourning —we will do what we can to get the easement issue rectified. In regard to Mr. Accurso, an applicant should not be held up because a Board member is absent. Mr. Grzan made a motion to adjourn the Public Hearing to January 11 and the motion was seconded by Mr. Zuckerman. The roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes 3. Bowman Avenue Development - Review of an 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. Before calling to reopen the Public Hearing, Chairman Agatston stated the he was out of town when the Board met but he understands that the findings were accepted and we should be seeing them shortly. The applicant has revised the preliminary site plan and we also have a site plan on the strip. At the last meeting, there was a proposal for the additional parking spaces...those spaces were initially suggested to be on the North side of the property....but I understand that the recommendation is not to have those there from a safety stand point. The findings require 3 additional spaces — so we have to find out where the applicant intends to put them. There is also some confusion about the tax lot on these properties...we need clarification on this also. Chairman asked for a motion to continue Public Hearing and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Mr. Konigsberg addressed the board and explained that the former tax assessor created two lots, they were never subdivided, it was a lot line created for financing purposes. There are two tax bills...one for the peninsula and one for the strip. Mr. Ryan addressed the Board— this is a Public Hearing on the wetland and steep slopes — we have submitted revised plans that indicated the park as a passive park. The other items include a current survey and the relative information has to do with topography. The storm water management that was proposed is still intact as reviewed by Mr. Rotfeld. The slope stabilization—progressing— essentially to stabilize the slopes we are installing PLANNING BOARD 9 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 a placed stone system. We believe this is the best way long term to stabilize the area. We are using grading material that is crushed stone as the base and then boulders are placed along the banks. Mrs. Schoen asked about stabilization of the boulders. Mr. Ryan stated that the boulders are approximately 2 feet in diameter....the crushed stone is the base. Each area is excavated one section at a time as recommended by the engineers. Mrs. Fredman asked about the life span for this type of treatment. Mr. Ryan stated that he doesn't know that there is one...but believes it to be a forever thing — it needs maintenance to keep the vegetation off of it— right now there is growth that would create instability on the slope...this plan will increase the stability. The maintenance will be on a yearly basis to start. The next plan we submit will have the full landscape plan. The maintenance will be done by the Homeowners Association and we are also considering a bonding for the first 5 or 6 years which is the important critical time we believe. Mr. Zuckerman is concerned about when someone decides it is too expensive to maintain. Mr. Ryan stated that it would be included in the bylaws. Mrs. Schoen stated that bylaws can be changed. Mr. Zuckerman wants to see something in favor of the Village that states if it is not being maintained the Village can step in and bill the Homeowners Association. There were some minor adjustments on the plan as well about the grading and the architecture to address some of Mrs. Mohamed's concerns. Mr. Ryan spoke about the mosquito issue—the County sent us a publication—handed out to Board — the reality of the situation is there is not mosquito breeding on this type of property because of the feeder stream and the exit stream and we also have some wildlife there. The vegetation we are using will also not foster that type of breeding as well. Chairman asked about the parking. Mr. Ryan stated that the problem is the additional parking was in the scenic overlay district. We can use the area near unit 5 where there was a proposed gazebo...it is an area to consider for additional parking. Mr. Zuckerman stated that we have more parking than necessary and he would like to see fewer than more...is comfortable with leaving it as is. Mrs. Kandel stated that the finding stated that the additional parking was required. Mr. Grzan is concerned about the slope stabilization and asked if the body of water is a regulated body of water? Mr. Grzan stated that he has a concern with the plantings at the water line just eventually disappearing into the water. Mr. Ryan agreed and further stated that he is adamant that the necessary people be on site when the application is being done. The engineer's have to make sure the process is done properly so we don't have boulders rolling down into the water as well. Mr. Grzan stated that he is in favor of additional parking as well. Mrs. Mohamed stated that it is a safety issue for emergency services to have the parking at the entrance. PLANNING BOARD 10 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Mrs. Mohamed gave some brief comments —the applicant should be required to submit a subdivision application — this property will be subdivided and the Village has not approved any subdivision. Additional zoning calculations will be required as well. Before site plan approval is given...we should have written confirmation form emergency services that it is acceptable. I do appreciate the change in the stabilization plan...we have to make recommendations regarding the continuing maintenance on many issues that are germane to allow these units to be built. We also need a lighting plan and architectural drawings with dimensions on them...the conservation easements have to be reviewed. We have to review the garbage issues — how will it be picked up —we have to see a construction plan for the strip—we have to have a plan for snow removal as well. Mr. Zuckerman asked for a confirmation that the village was taking the strip....Mrs. Mohamed confirmed that was the case. Mr. Ryan asked for confirmation on the subdivision application — was under the impression that the Village was going to handle that part. Chairman stated that Counsel would handle that. Mr. Ryan asked about the applications and was not aware that every time there is a revision that we had to re-file and application. The emergency services issue, we are told that has to go thru the Village and needs clarification on that. Chairman Agatston asked Mr. Carosi to address that issue for the next meeting. Mr. Ryan also asked if the Board would be pursuing the additional parking or not....needs info/clarification because of the snow removal etc. Chairman stated that we are short board members tonight but will discuss it further. Mr. Konigsberg stated that he is already in the process of putting the Conservation Easement on the peninsula and wants to know who it gets sent to and who drafts it. Chairman Agatston stated that he should discuss it with Counsel. Mr. Grzan asked about the utilities and applicant explained that they are pubic utilities. Mr. Zuckerman asked that if these are private streets — is double parking enforceable by our Police Department—Amanda responded no. Mr. Zuckerman stated, we are concerned about double parking for emergency services...but we can't enforce it — that has to be looked at. Chairman asked for motion to adjourn until January I lb Mr. Grzan asked about the procedures and how they work — Mrs. Mohamed stated that since the BOT has approved the findings...you can move forward on the steep slopes and the wetlands portion. You can also review the site plan and send your recommendations to the Board. On a motion to adjourn by Mrs. Schoen and seconded by Mr. Grzan, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes PLANNING BOARD 11 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Five minute recess NEW BUSINESS 4. Review of an application for Site Plan Approval by New Cingular Wireless PCS for the construction of new roof top mounted wireless antennas at 4 international Drive Rye Brook, NY, designated on the Tax Assessor's Map as Section 124.81, Block 1, Lot 1 in the OB-1 zoning district. Mr. Alb addressed the Board on behalf of the applicant and explained that this is an attached rooftop telecommunications facility at 4 International Drive or 1100 King Street. This was before the Board of Trustees and is here for site plan approval. The facility has 12 panel antennas attached to existing walls and painted to match the existing facility. Also unmanned computer equipment screened in my material colored to match as well. This facility is zoning compliant — the rooftop coverage of our facility is 13.6% - well below the 25% which is the code. This facility is unmanned and therefore will not create any additional traffic. Chairman Agatston asked Mr. Alb to address the more pertinent issues— Mr. Alb stated that the coverage gap involved here from the southern end of the airport down King Street to Anderson Hill Road. There is a Singular tower that has been approved and will be installed. This plan covers the gap that exists that is not covered by the existing or future towers. This site is in the center of the coverage gap. Mr. Zuckerman asked about the coverage map, the site proposed won't reach further down then Anderson Hill road....confirmed by applicant Mrs. Fredman asked for clarification on the map....brief discussion about the coverage areas. Mr. Muso from HDR LMS and stated that he will be issuing a technical review report to the Board of Trustees. Preliminary comments are that I would like to schedule a site visit and take some photos for topography purposes. I have FP Clarke comments and will address them directly back to them. Our review entails a review for completeness that due diligence is being done. We also look at justification for these proposed facilities. Mr. Muso went on to discuss exactly what his role will be. Chairman asked for an estimate of time on the report and Mr. Muso stated he will keep in close touch with Mr. Carosi...will try to get the site visit by the end of the year and then a report at some point in January. Mr. Zuckerman asked for clarification of this Board's role in this review. Seems to me that our review is limited to the site plan issues...very little about what Mr. Muso will be doing. Chairman Agatston stated that was a good point and if Mr. Muso could get back to us with the site plan part of his review...we could move on this quickly. Mr. Zuckerman agrees that his report will not affect our portion of this. Mrs. Mohamed stated that this requires site plan approval and this board is responsible for that. There are other issues regarding the placement of these facilities that have to do PLANNING BOARD 12 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 with this Board...for instance if by chance Mr. Muso's report says the emissions are not good for employees or Bellefair, then you would recommend that the site be moved or raised or something. Chairman Agatston agreed. Mr. Gioffre stated that we are confident that we are well within the guidelines and suggests that a Public Hearing could be scheduled prior to Mr. Muso's report... Chairman Agatston stated that the last time we had a cell tower issue we rushed it and look at where we are today. Mr. Grzan does not believe that this sight will increase the coverage that dramatically and hopes Mr. Muso will look at that as well, that maybe this is not the best place for the site. Mr. Gioffre stated that if there are any questions or concerns, they should be included in the recommendations to the Board. Chairman Agatston stated that hopefully we will have everything done and pass this on by the end of January. Chairman asked to take items out of order and wanted to address the generator issue first because he believes it will require more discussion that the sign ordinance. 6. Review Draft Local law Regarding Residential Standby Generator Regulations. • Possible referral and recommendation to Village Board of Trustees Mrs. Mohamed addressed the Board and stated that the Building Department has received a number of applications to install permanent generators to power part or all of the electrically dependent appliances in the event of a power failure. The code does not cover any requirements for these generators and the Building Inspector has asked for some guidance on these applications. The Board of Trustees has given some guidelines for this Board to review and a memo from Mr. Bradbury that asks this Board to look at some other issues. They would like this back to them in a short time and they recognize that there are concerns and issues that should be reviewed. My memo is a general one that discusses what these generators are...how big are they...the air space required around them....how far they can be from a dwelling...those are some of the issues that I address in my memo. Chairman Agatston stated, I think what we should do is channel in a little to move this thing along, we are all aware of what these things are. They will only be used in emergency situations and for the weekly tests. The one thing that would bother me is that the neighbor that doesn't have one will be really aggravated, but I think it should be placed as close to the home as possible where it will be used...and far away from the adjacent home. Mrs. Schoen is opposed to home generators for a safety standpoint...your using propane...there are possibly non experts fixing these things....a lot of potential problems...and a real noise issue that we cannot discount. Mr. Zuckerman asked if it is legally possible to ban them.....we regulate them or we ban them. PLANNING BOARD 13 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Chairman Agatston asked Mrs. Kandel to look into it...not sure we can ban them. People want them because Con Edison can't be trusted lately and people are fed up. Mrs. Kandel stated that there is probably a way to regulate their use....what types of fuel can be used is one suggestion. Chairman stated we should consider location, sound, screening, size....we can redraft the location... Mrs. Kandel stated that you can also include as per manufacturers specifications. Chairman stated that it should be as far from the nearest neighbor as possible. Discussion Mr. Carosi suggested it should be on the side with the largest set back or the rear of the house. Chairman Agatston asked Mr. Nowak to address the Board. Mr. Nowak stated that as far as sound goes— the base was 55 decibels— I have cut sheets on different models —the decibel level will be different when testing as opposed to under emergency situations...or full load conditions. These are stand by generators....not emergency generators and they recommend weekly tests at low speed once a week. Mr. Nowak went on to explain how the units work and how the automatic transfer switch...which is mandatory...works. Emergency generators are for the life safety systems — a stand by generator is for things like making sure in a power failure that your freezer keeps running or a medical device keeps running. Further discussion regarding the noise ordinances existing and the recommendations. Mr. Nowak stated that emergency stand by generators are exempt from noise ordinances if they are life safety systems. Further discussion on the noise issues and the possibility of requiring a noise engineer due yearly tests to check the level of noise from the generator to make sure it is in the limits of acceptability. The recommendations should include, the hours of use, the testing times, that a professional install and certify that it has been installed properly. Mr. Nowak stated that permits have to be pulled to install these generators and they have to be in stalled by a licensed electrician. 7. Review of an Amendment to Chapter 250 of the Zoning Code regarding Election and Construction Signs • Possible referral and recommendation to Village Board of Trustees Chairman asked Mrs. Kandel to address the board on the sign ordinance. Mrs. Kandel explained the small changes that will be made regarding the size of the signs and read the resolution into the minutes. Chairman Agatston asked for a motion to accept the resolution and on a motion made by Mr. Zuckerman and seconded by Mrs. Fredman, the roll was called: PLANNING BOARD 14 OF 15 DECEMBER 14, 2006 DECEMBER 14, 2006 PLANNING BOARD DRAFT MINUTES-VER 2 Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Mrs. Fredman handed out a report from the subcommittee on planning board rules of procedure. Chairman asked Board to review for next meeting. Chairman Agatston asked for a motion to adjourn and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes PLANNING BOARD 15 OF 15 DECEMBER 14, 2006