Loading...
HomeMy WebLinkAbout2007-01-11 - Planning Board Meeting Minutes January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK,NEW YORK 10573 January 11, 2007 PUBLIC HEARINGS 1. Continued Public Hearing regarding 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. 2. Continued Public Hearing 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. • Considering a Resolution for a Site Plan Permit to construct a single-family dwelling and pool at 41 Hillandale Road. CONTINUED BUSINESS 3. Review Draft Local law Regarding Residential Standby Generator Regulations. • Possible referral and recommendation to Village Board of Trustees NEW BUSINESS None PLANNING BOARD 1 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 PRESENT BOARD Mrs. Michele Fredman Mr. John Grzan Mrs. Amanda Schoen Mr. Gary Zuckerman Mr. Domenick Accurso Chairman Warren Agatston EXCUSED Mr. Bill Laufer STAFF Mrs. Marilyn Timpone-Mohamed, Village Consultant Mrs. Amanda Kandel, Village Counsel Mr. Victor Carosi, Village Engineer Mr. Mike Nowak, Jr. Village Engineer Ms. Shari Melillo, Secretary Mr. Paul Rosenberg Chairman Agatston opened the meeting with the Pledge of Allegiance. Chairman Agatston welcomed everyone to the meeting and explained the rules of procedure. Chairman Agatston and Mrs. Mohamed briefly addressed the issue of the Garden Inn and the fact that it will be on the agenda soon and that the Board should review it so it can be addressed. Mrs. Kandel addressed the Board and stated that the 4-month period of approval is by court order. PUBLIC HEARINGS 1. Continued Public Hearing regarding 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. Chairman Agatston explained that Mr. Izzo met with the Fire service and stated that the applicant must address the issues and amend the site plan to address the concerns in the memo. Chairman explained that this Board would not consider this until these items are addressed. Mr. Jim Ryan addressed the Board on behalf of the applicant, K&M Realty and Bowman Avenue development. Mr. Ryan stated that there is a meeting tomorrow at 3:30 to discuss the issues brought up in the memo. Mr. Ryan stated that there is more information that will be provided at this meeting that will address the issues. The two comments on insufficient turning radius for fire apparatus — Mr. Ryan explained that they were given a PLANNING BOARD 2 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 template of a fire truck to use in the planning of the entrance—we will show them that we meet specifications on that issue. Item #4 — insufficient clearance — we will show them how ladder set up in the back of the buildings can be accomplished....we are and have been concerned with that and will show they different things such as the pitch of the roof and other items that address this problem as well. Mrs. Schoen stated that she was struck by number 5 — a drowning hazard was not included in our discussions and she hopes that will be addressed in the discussions as well. Mr. Ryan stated that they would make sure the concerns are adequately addressed. Chairman Agatston asked if Mr. Ryan thought the site plan might need to be revised and Mr. Ryan stated he did not think so and will know more after the meeting tomorrow. Chairman Agatston asked if maybe what he wants to discuss tonight may be a waste of time if site plan changes need to be made after tomorrow. Mr. Ryan is confident that no site plan changes will need to be made and that he will be able to address their concerns. Tonight he wants to address things done since the last meeting. Mr. Zuckerman asked if the emergency services met without the applicant. Applicant answered that was correct. They had submitted plans but were not at the meeting. Mr. Grzan asked about the turning radius and was given an explanation by Mr. Ryan about exactly what the concerns are— entering the site and within the site. Mr. Zuckerman asked if the applicant could ask how the Fire Department will fight the fire from the back of the building...there is not road. Mr. Ryan answered that it is still safe...the buildings are completely sprinkler in addition to other items. Mr. Ryan addressed the memo from FP Clarke. The zoning calculations are now correct and on the plan. The change in the plan with additional parking...they are 17 spaces over the requirement of the Village and are requesting that the additional spaces not be required. The landscape plan comments have been addressed as well. There is no new impervious area on the strip side and the acreage calculation for the peninsula has also been provided. Chairman Agatston stated that the Board of Trustees has previously addressed parking situations in different sections of the Village..... when this leaves this Board...they will address this area very carefully. Mr. Grzan asked Mr. Carosi to look into the roadway entrance...if this is a private road...it should be the required width. Mr. Ryan addressed the issue of the status of the property— the tops and bottoms of the slopes — the surveyors shot the locations of the slopes and the grading is now on the plan....we will make sure that the consultants and Mr. Carosi are comfortable with that. Usable open space....the calculations have been corrected. The revised stabilization plan... the engineers are comfortable with the design and we are continuing to work on it until we are all comfortable with it. The planting area has been changed to a rock slope with some plant material. PLANNING BOARD 3 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 Architectural plans...preliminary plans have been submitted and we will provide the additional information requested. Site lighting issue —we are not proposing lighting on the strip section of the Village...we will wait for some input on that issue. There will be no pole-mounted lights on the site. That item will be discussed tomorrow as well. Chairman Agatston stated that the lighting on the park should be addressed as well for emergency and safety purposes. The conservation easement — the documents have to be provided to the Village and they are being prepared. Tree preservation protection —the Board needs more details on the tree protection plan....we look to design this plan to avoid the trees that are few and far between on both properties. Storm water management plan has been reviewed twice by Mr. Rotfeld and Mr. Carosi has said that he has all the plans he needs to review and make a decision. Mrs. Schoen stated that construction times would be important because of the Port Chester Middle School. Mr. Ryan stated that they will meet with all parties involved and will make the decisions based on the least amount of intrusion. Mrs. Mohamed addressed the Board. Mr. Grzan asked about the buffer zone....wants to know what Mrs. Mohammed's opinion is. Mrs. Mohamed stated that there are a couple of issues to consider...for instance requiring more landscaping or more open space and smaller building footprints. It is a damaged buffer and the issue is if what is being provided is enhancing the buffer. The applicant is doing some enhancing through storm water management and they are stabilizing the slopes on the peninsula as well. The strip is being left in a natural state so this is an area of the buffer that could be enhanced. Mr. Accurso made a statement about impervious surface calculation and that the Board does not have them at this point of the game. I am displeased that we are this far into the game and don't have that information. In addition....we received another letter from the Westchester Planning Department....stating that this project consider affordable housing...I want it on the record that I am a proponent of affordable housing and believe that this project should be considered for this. Mr. Ryan...the calculations have been available since inception...they are required and have been addressed and changed a dozen times. These calculations are in the FEIS and no changes have been made. It is there and have always been there. Mr. Koningsberg addressed the board — the issue of affordable housing is not on the table...it has been discussed with the Village and they are not interested in that...I am not going back and reviewing it.... I will not get stuck in the middle. As far as the strip goes.... I offered the Village the land for free and agreed to build a park in memory of my sister n law who died of breast cancer. This has been discussed with the staff and Trustees....the lighting is not my issue...these issues have been discussed and addressed....this land is for free and that issue is getting lost here. If the Village wants to change things...that is a Village decision. PLANNING BOARD 4 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 Mr. Zuckerman is in favor of affordable housing....however this is on the Board of Trustees, not the Planning Board, to address the issue of affordable housing. It is an admirable goal and the Village has done affordable housing and senior housing....but this is not our job. Mr. Accurso stated that we are an advisory board on this project...I am a proponent of affordable housing and it is not my problem what the Board wants or doesn't want...I am not here to rubber stamp anything. Mr. Rosenberg addressed the Board.—the affordable housing issue was discussed with the applicant....the Board of Trustees was in favor of affordable housing....but we came to the conclusion that it was not feasible. Mr. Accurso asked why...on what basis... Mr. Rosenberg stated he could not discuss it... Mr. Accurso stated he wanted to know why....you made the statement...explain it. Chairman Agatston ended the conversation. Chairman Agatston asked for a motion to continue public hearing to 1/25/07 On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the roll was called. Mr. Accurso Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes 2. Continued Public Hearing 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. • Considering a Resolution for a Site Plan Permit to construct a single- family dwelling and pool at 41 Hillandale Road. Chairman Agatston stated that revised plans have been received. He also stated that there are missing items but according to Mr. Nowak, they are not issues that should stop the Board from moving forward. Mr. Anthony Gioffre for the applicant addressed the Board. The plan submitted shows the easement and an area where a proposed easement should be. A portion of the sewer line has been constructed outside of the easement area. I have been in discussion with Mrs. Kandel and we believe this can be addressed. We believe there is no impact. Chairman Agatston asked what the approximate distance to the existing home is to the sewer line and the distance also from the proposed home location. Mr. Gioffre discussed this issue also with Mr. Tartaglia who is the attorney for the arbors who is the beneficiary of the easement. Mr. Senor addressed the Board...the plan submitted showed the locations and the new PLANNING BOARD 5 OF I I January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 house will have no impact. The proposed house will be in excess of 14 feet from the house. Chairman Agatston asked if 7 feet is enough to put footings and build a house? Mr. Senor said yes and that was confirmed by Mr. Carosi. Mr. Zuckerman is concerned that after the house is built....what happens if they have a sewer breakage and they need to get access....will there be pressure on the pipes....will it affect the basement.... Mr. Carosi answered that the applicant demonstrated that the footing in relationship to the existing pipes would not be an issue. The easement benefits the Arbors. If this were a Village easement...the fact that any type of excavation will not impact...there will not be significant dangers...from a loading condition or a collapse...I don't see a problem. Mr. Carosi stated that as long as the home does not encroach on the existing easement....there is no problem. Mrs. Kandel stated there is a 15-foot easement that belongs to the Arbors. When the easement was put into place, when the pipes were installed they were laid outside of the easement. He is within his rights...it is his property....if Victor is happy that is all we are concerned with. The sewer line is not being moved....it is not even close to the house. This is a private sewer line...the first part of the easement states that the Arbors had to construct a line from the sewer to the house...it is not a new line. Mr. Grzan asked.....does this uncertainty mean we should hold off on this resolution. Mrs. Kandel stated that there is no uncertainty...it is existing. Chairman Agatston stated that the easement has to be corrected or modified.... Mrs. Kandel....the easement will not be corrected...we are urging the applicant to modify it in some fashion. Mr. Gioffre addressed the zoning calculations and stated that they have been addressed and that he has spoken to Mr. Izzo as well. Mrs. Mohamed commented regarding a tree in the front yard that has not been addressed as to if it will be removed or remain. The landscape plan has to be revised for one small issue regarding another tree as well. Mr. Carosi stated that his earlier concerns have been addressed and all they are looking for now are the final plans clearly demonstrating that there is no encroachment from the proposed home to the existing easement. It is a little difficult to interpret on the existing plans...we are just asking that they be simplified. Mr. Accurso asked about the south side of the house and if it aligns with the easement...Mr. Carosi stated that they can't build within the easement. Chairman asked for further comments....none. Chairman asked for a motion to close public hearing and on a motion by Mr. Zuckerman and seconded by Mrs. Fredman, the roll was called. PLANNING BOARD 6 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 Mrs. Fredman Yes Mr. Accurso Yes Mr. Grzan No Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Chairman Agatston asked Mrs. Kandel to read the resolution into the minutes January 11, 2007 Approved RESOLUTION APPROVING A SITE PLAN 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 and WHEREAS, the Planning Board reviewed the following plans and application materials: Site Plan Application dated 10/23/06 Short EAF dated 10/31/06 Exterior Building Permit Application dated 10/23/06 Site Plan, DWG # S 1, prepared by Gabriel E. Senor, PC, dated 10/25/06, rev. 12/26/06 Stormwater and Erosion Control Plan, DWG # T-1, prepared by Gabriel E. Senor, PC, dated 10/25/06, revised 12/26/06 Topographic Map, DWG # Topo — 1, prepared by Gabriel E. Senor, PC, dated 8/11/06 Planting Plan, Sheet: LA-1, prepared by Studer Design, dated 8/11/06, revised 12/18/06 PLANNING BOARD 7 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 Survey showing existing Utility Easement, prepared by Gabriel E. Senor, PC, dated 12/21/06 Architect's Plans, prepared by WJC Associates Design and Construction, Cherry Hill, New Jersey: Sheet# Sheet Title Date D-1 Data Sheet 10/23/06 Rev. 12/10/06 D-2 Height/Setback Ratios 10/23/06 Rev. 12/10/06 A-0 Basement Plan 10/23/06 A-1 First Floor Plan 10/23/06 A-2 Second Floor Plan 10/23/06 A-3 Elevations 10/23/06 Rev. 12/10/06 A-4 Elevations 10/23/06 Rev. 12/10/06 R-1 Roof Plan 11/28/06; and WHEREAS, the Rye Brook Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type 11 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, zoning, setbacks, tree preservation and protection, landscaping, the construction plan, 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 plan no longer disturbs steep slopes, eliminating the need for a Steep Slopes Work Permit; and WHEREAS, the new impervious surface coverage on the lot and the gross floor area of the dwelling would not be increased beyond what is allowable, the existing trees would be preserved to the greatest extent possible, and storm water management on the lot will be improved by installation of storm water management facilities, and PLANNING BOARD 8 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 WHEREAS, during the review of this application, it has come to the Planning Board's attention that there exists a recorded easement for sanitary sewer and drainage pipes along the entire southwestern side of the property the "Existing Easement"). It appears, however, that at the time the sewer and drainage pipes were installed, a portion of the sewage pipe was installed in certain areas outside of the Existing Easement. Accordingly, as a condition of this approval, the Applicant is required to either modify or correct the Existing Easement or have a new easement recorded, subject to the reasonable satisfaction of the Village Attorney and Village Engineer such that the drainage and sewer pipes are located completely within an easement. There shall be no physical relocation of the sewer or drainage pipes. The Applicant shall also have the burden of coordinating the correction of the easement with the Arbors Homeowners Association to the extent required. This condition (the "Easement Condition") must be satisfied to the satisfaction of the Village Attorney and Village Engineer prior to the issuance of any certificate of occupancy; 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 an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on January 11, 2007. 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 a new residence, driveway and swimming pool at 41 Hillandale Road subject to the following conditions: Revision of the site plan to show tree protection for Tree #27. Revision of the grading plan to avoid grading within the drip line of Tree #27. Revision of the Landscape Plan to show Tree #8 as part of the plan. Prior to the issuance of a building permit, an updated survey, depicting all improvements on the property as well as any easements, must be submitted to the Building Department. Completion of the Easement Condition, as set forth above and incorporated herein, to both the Village Engineer and Village Attorney's reasonable satisfaction. Chairman Agatston asked for a motion to accept the resolution as read Motion made by Mr. Zuckerman and seconded by Mrs. Fredman Discussion on resolution Mrs. Fredman asked about a temporary CO and permanent CO - Mrs. Kandel stated that this was an agreement with the attorneys and that the applicant would be paying monthly PLANNING BOARD 9 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 for the temporary CO. Mr. Zuckerman asked about an updated survey...suggests that it should be done prior to the issuance of the final CO. Mr. Accurso suggested that number 5 takes care of number 4 in the resolution...change wording. Motion on resolution as amended Mrs. Fredman Yes Mr. Accurso Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Mr. Grzan stated that when we have input from the public...what is the procedure on this...Chairman stated that written comments should not be sent on the night of the meeting and I believe that the Engineer and Building Dept have addressed the issues. CONTINUED BUSINESS 4. Review Draft Local law Regarding Residential Standby Generator Regulations. • Possible referral and recommendation to Village Board of Trustees Chairman stated that Mike Nowak and Mrs. Kandel have worked very hard on this issue and hopefully tonight we can make our recommendations. Chairman asked Mr. Nowak to address the Board. Mr. Nowak asked if anyone had questions on the draft. Mrs. Schoen asked about the screening — the materials can be a poly vinyl fence or shrubbery....it is more dependent on the homeowner. Mr. Nowak requires that landscaping be done. Mrs. Schoen wants a description of landscaping in the draft. Mr. Zuckerman suggested that it just say at the approval of the Building Department. There was brief question and answer session regarding wording, noise level, screening, emissions, automatic transfer switches, size, etc. PLANNING BOARD 10 OF 11 January 11, 2007 January 11, 2007 PLANNING BOARD DRAFT MINUTES-VER 1 Chairman asked for Ms. Kandel to read the resolution into the minutes Chairman asked for a motion on the resolution and on a motion made by Mr. Zuckerman and seconded by Mrs. Fredman, the roll was called Mrs. Fredman Yes Mr. Accurso Yes Mr. Grzan Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Chairman stated there is a large packet for the Board to review for the Garden Inn...we are on a strict time schedule — 4 months from the date of the last application material is submitted. Chairman asked for a motion to adjourn Motion made by Mrs. Fredman and seconded by Mrs. Schoen. The meeting was adjourned at 10:43 PLANNING BOARD 11 OF 11 January 11, 2007