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HomeMy WebLinkAbout2007-02-08 - Planning Board Meeting Minutes February 8, 2007 Planning Board Draft Minutes Ver-3 VILLAGE OF RYE BROOK PLANNING BOARD MINUTES 938 KING STREET, RYE BROOK,NEW YORK 10573 FEBRUARY 8, 2007 ROLL CALL: 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, Rye Brook, NY, designated on the Tax Assessor's Map as Section 141.26, Block 1, Lot I and Lot 1.1 in the C-1 Zoning District. • Possible referral and recommendation to Village Board of Trustees CONTINUED BUSINESS 2. 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-I zoning district. • Possible referral and recommendation to Village Board of Trustees NEW BUSINESS MINUTES 3. Review of past meeting minutes DISCUSSION ITEMS 4. Sub Committee report on Planning Board Rules and Procedures. Planning Board Minutes 1 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 PRESENT BOARD Mr. Dominick Accurso Mrs. Amy Schoen Mr. Gary Zuckerman Mr. Bill Laufer Chairman Warren Agatston EXCUSED Mrs. Michele Fredman Mr. John Grzan STAFF Mrs. Marilyn Timpone-Mohamed, Village Planner Mrs. Amanda Kandel, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak, Jr. Village Engineer Ms. Shari Melillo, Planning Board Secretary Mr. Paul Rosenberg, Board of Trustees Liaison Chairman Agatston opened the meeting asking everyone to join him in the Pledge of Allegiance. He then introduced the members of the Board and staff present and explained the rules of procedure for the meeting. PUBLIC HEARINGS I. 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, 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 opening the first item on the agenda, Chairman Agatston discussed briefly a memo received from Village Building Inspector, Mickey Izzo, regarding items missing from the Bowman Avenue Development project that are required in order to proceed. Chairman Agatston explained that these items must be provided by the applicant before the Planning Board can make their recommendations to the Board of Trustees. Additionally, the following items are still outstanding from our Planning and Engineer consultants: 1 —Planting plan for the steep slopes 2—Revised plans responding to information received from the Building Inspector after meetings with Emergency Services 3 —A detailed plan for construction of the strip portion of the project Planning Board Minutes 2 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 4— Subdivision application, which this Board understand is no longer necessary, but a set of plans stating that strip portion is being donated to the Village is required. 5 —New property survey for both proposed lots 6—Dimension set of plans on the residential portion 7—Photometric lighting plan 8 - Draft construction management plan In addition, Chairman Agatston also discussed a memo received from Village Administrator, Chris Bradbury, regarding security fencing around the water in the park portion of the plan. Mr. Bradbury suggests, after a meeting with Emergency services, that a 4 foot fence would be acceptable over a 6 foot fence. Chairman Agatston would also like the Planning Board to consider safety lighting in the park portion as well as the applicant's suggestion of banking 2 parking spaces. Chairman Agatston wants to make it clear to whomever addresses the Planning Board tonight on the project, that all the issues have been heard and comments should only address issues that are new to move this project forward. Mr. Jim Ryan of John Myer Consulting, addressed the Board on behalf of the applicant and stated that they are unclear on a few things on the list and would like to go over it for clarification. Chairman Agatston suggested a private meeting with the Village Consultant and Building Inspector might be a better idea. Mr. Ryan states that he respectfully disagrees with some of the comments made in the Chairman's opening statement. For instance, the requirement of a new survey, applicant believes they have already provided that. The Village Engineer has only asked for the survey to be updated, signed and stamped by a licensed engineer. Also, a no pole mounted light is in this project so a photometric lighting plan is not required. In reference to the park plan, we have already provided one so we are not sure what the Planning Board is looking for and would like clarification on that. The Draft Construction management plan has also been provided, the only thing we can't provide on that is the timing for construction which is a seasonal issue. Mr. Ryan addressed the safety lighting in the park and stated they have submitted new plans to Building Inspector Mickey Izzo after two productive meetings with emergency services. Emergency services has requested an 8-foot wide paved roadway instead of the meandering path of wood chips that we had offered so we ask for clarification on that as well. Mr. Zuckerman asked about the survey and pointed out it is from 1995 and explained that the Planning Board and the Village require an up to date survey from a licensed surveyor and he is not sure what the problem is on behalf of the applicant in providing that. Mr. Ryan answered that his understanding was if the erosion had changed the boundaries from the original survey then a new survey would be required, if not, all that was required from Mr. Carosi was that the existing survey be updated, signed and stamped by a licensed surveyor. Planning Board Minutes 3 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 Mr. Laufer asked about stabilization of the slopes discussed at the site visit. Mr. Ryan answered, stabilization is being done and a report will be prepared and given to Mr. Dolph Rotfeld, Village Engineering Consultant, for review. Chairman Agatston explained that the Board of Trustees wants to see what you are planning and what we recommend. This Board wants to make sure everything is safe and can be used by the public. "I would like to see these presentations or you can say no, you are not going to do it and that would be understandable because after all, you are donating this strip to the Village." If that is the case, then this Board makes recommendations to the Board of Trustees and then the final decisions are up to them. Mr. Ryan stated that he will meet with Mrs. Timpone-Mohamed and Mr. Carosi and added, as far as the park portion, "The Board has everything we are proposing for that parcel." Chairman Agatston stated that the Board would like to see some security lighting installed and Mr. Ryan responded that they had agreed to bring power there and that is shown on the plans. Mr. Zuckerman expressed his opinion on the fencing issue. He noted again Mr. Bradbury's memo about a change of fencing from 6 feet to 4 feet. He asked about other bodies of water in the Village being fenced in and pointed out that this is a passive park and the idea is to be able to go down to the water and enjoy the park. "There are several bodies of water in the Village without fencing and if we are providing a place for people to sit, we should not put fencing at all." Mr. Wexstein, Attorney for K&M Realty, the applicant, stated that"the fence on this strip portion of the property is for you to recommend, I don't understand why it has to be on the plans." Chairman Agatston explained that the Planning Board is looking for concurrence from the applicant. If you say you are not doing it, we can still recommend that it be done to the Board of Trustees. Mr. Wexstein responded that the park was offered and a conceptual plan given. "We believe what you have is enough and there is no reason to go beyond that for you to make an informed recommendation. The question is what do you need for site plan recommendations for the residential portion of this project? My point of view is what we have given you is substantially complete." Mrs. Schoen asked why this site is different from other sites that it requires fencing and what happens if we don't recommend fencing and an accident occurs? Mr. Carosi, Village Engineer addressed the Board and stated he cant speak at all about liability matters but can attest to the fact that there are several locations throughout the Village with water features that are unfenced. The concern with emergency services is the surface that can't be seen. With this location it appears that there are areas with a significant drop off. Certain areas may need fencing as opposed to others. Mr. Wexstein stated, "My client does not want to put fencing on the strip, it is normally not done." Planning Board Minutes 4 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 Chairman asked for further comments from the Planning Board or the public. Mr. Konigsberg of K&M Realty, the applicant, addressed the Board and suggested that if we are very close on the site plan on the peninsula; can we separate the two so we can move forward? Chairman Agatston stated that the Board of Trustees would want the complete package when it is sent to them. Mr. Accurso commented that regarding the fence, we need to consider it. He thinks if it is considered it should be treated as a design element— it should draw people to the water —incorporate it with a pedestrian walkway. Mr. Ken Heller, resident of 22 Lincoln Avenue, addressed the Board. He believes the whole purpose of the strip is for recreation. The concern here is someone falling into the water but a fence is unsightly. He suggests building a fence on the slope so it can't be seen from the land but it will prevent someone from falling in the water. Chairman Agatston asked if there were any further comments or discussion on this matter and with there being none, he asked for a motion to adjourn this matter to the Planning Board meeting of February 22, 2007. On a motion by Mrs. Schoen and seconded by Mr. Zuckerman, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes CONTINUED BUSINESS 2. 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. Chairman Agatston stated that the Planning Board had received a report from HDR LMS, an outside consulting firm hired by the Village, and the applicants Attorney as well. Mr. Anthony Gioffre of Cuddy & Feder, Attorney for the applicant addressed the Board and stated, as indicated we have worked with Mr. Muso of HDR LMS. A site visit was made and we have completed the request for additional information and believe this application is complete and we have address all issues raised. Mr. Muso of HDR LMS addressed the Board. We have submitted our report to the Village dated 1/26/07. Regarding the 12 panel antennas, the key aspect is the aesthetics. The antennas will be flush mounted and the applicant is providing a stealth screen to Planning Board Minutes 5 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 color match to the building. Views from points to the north would be mitigated. I had asked to raise the antennas and see how much additional coverage there would be. That being done, there was not appreciable additional coverage in the Village so the proposed height is acceptable. The FAA has stated that the site does not need to be lit or striped. I have asked to remove existing antennas on the site that are not being used. As for health and safety issues, compliance will be met. Structurally, we are satisfied that the roof can bear the load. Chairman Agatston asked for questions from the Planning Board and public. There being none, Chairman Agatston asked Mrs. Kandel to read the resolution into the minutes. February 8, 2007 RESOLUTION RECOMMENDING APPROVAL OF AND REFERRING APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND OBTAIN A SPECIAL PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE, RECKSON EXECUTIVE PARK BACK TO THE BOARD OF TRUSTEES VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, New Cingular Wireless PCS, LLC submitted applications to the Village of Rye Brook on behalf of the property owner Reckson Operating Partnership, L.P. to amend an approved site plan and obtain a special permit to add an attached telecommunications facility to the roof of Building #4, International Drive, Reckson Office Park located at 1100 King Street, Rye Brook, New York, in the OB-1 Zoning District and the King Street Scenic Roads Overlay Zoning District, which property is also known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4; and WHEREAS, on November 14, 2006, the Village of Rye Brook Board of Trustees, as approval authority for the applications and Lead Agency for environmental review pursuant to the State Environmental Quality Review Act (SEQRA), referred the applications to amend an approved site plan and obtain a special pen-nit to the Planning Board, the Rye Brook Technology and Communications Commission and the consulting firm of HDR/LMS for review and comment; and WHEREAS, the Planning Board received comments and recommendations from the Rye Brook Technology and Communications Commission, the Village planning consultant, Village staff and the consulting firm of HDR/LMS; and Planning Board Minutes 6 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 WHEREAS, the Planning Board reviewed the applications to amend an approved site plan and obtain a special permit during meetings held December 14, 2006 and February 8, 2007 and provided comments and recommendations. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby recommends approval of the applications to amend an approved site plan and obtain a special permit to add an attached telecommunications facility to the roof of Building #4, International Drive, Reckson Office with the understanding that the special permit will be valid for a term of five (5) years from the date of issuance and hereby refers the applications back to the Board of Trustees for action with the following recommendations: 1. Removal of all existing non-operational antennas from the roof of 4 International Drive. 2. Development of a protocol between the Applicant and building management staff that coordinates roof and penthouse visit by persons, such as building maintenance crews, not trained in radio frequency exposure to protect the health and safety of such persons. Chairman Agatston asked for a motion to approve the resolution as read. Motion made by Mrs. Schoen and seconded by Mr. Zuckerman. Chairman Agatston asked for any discussion on the resolution. Mr. Zuckerman has issues with conditions 2, 3 and 4 and believes that these are not issues that are the concern of the Planning Board. Mrs. Kandel responded that these are just recommendations that this Board is making to the Board of Trustees. Mr. Muso, in regard to Item #2, typically the plan set would have a detail of the type of sign required by the FCC which the applicant is required under law to provide. Mr. Gioffre agreed that it is a mandatory item and it will be done. Mr. Zuckerman moves to strike Item#2, seconded by Mrs. Schoen Mr. Zuckerman also believes that Item #3 regarding colors and textures, is something normally handled by the Architectural Review Board. Mr. Accurso asks if this goes before the ARB and Mr. Carosi confirms that it does. Mrs. Schoen moves to strike Item#3, seconded by Mr. Accurso Mr. Zuckerman on Item #4 believes Village should not get involved in the maintenance issues. Mrs. Kandel states that the recommendation of the protocol would be within the purview of the Planning Board. Mr. Zuckerman believes this protocol falls under the realm of OSHA and we should not get involved at all. Planning Board Minutes 7 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 Mrs. Kandel responds, this is just to make sure that one is developed, not to get into specifics. Chairman Agatston agrees, "Just make sure there is a plan, not tell them what the plan is." This is just a proposal to the Board of Trustees and then they can do as they like. Mr. Zuckerman responded, "we have to do what we think is best here and if the BOT changes what we do, that is within their realm of responsibility." Mr. Zuckerman makes a motion to strike Item#4, seconded by Mrs. Schoen Vote on the motion: Mr. Zuckerman strike Mrs. Schoen strike Mr. Laufer stays Mr. Accurso strike Chairman Agatston stays Motion to strike carries Chairman Agatston asked for a vote to accept the resolution as amended to include only Item#1 and strike items 2, 3 and 4 Mr. Accurso Yes Mr. Laufer Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Motion carries MINUTES Chairman Agatston explained that tonight we will be approving minutes from 8/10/2006 thru 1/11/2007. Comments have been received from Board Members, Mrs. Timpone- Mohamed and Village Counsel as well. Chairman Agatston asked for a motion to accept Planning Board minutes from August 10, 2006 thru September 28, 2006 On a motion made by Mrs. Schoen and seconded by Mr. Zuckerman, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Planning Board Minutes 8 of 9 February 8, 2007 February 8, 2007 Planning Board Draft Minutes Ver-3 Brief discussion on the minutes of 10/12/2006, Mr. Zuckerman would like to hold off on approval until some clarifications are made. Chairman Agatston asked for a motion to approve the minutes of 10/26/2006 On a motion made by Mrs. Schoen and seconded by Mr. Zuckerman, the roll was called Mr. Accurso Yes Mr. Laufer Yes Mrs. Schoen Yes Mr. Zuckerman Yes Chairman Agatston Yes Chairman Agatston noted that we will have the update on the Planning Board Policies and Procedures upon the return of Mrs. Fredman There being no further business, Chairman Agatston asked for a motion to adjourn the Planning Board meeting. On a motion made by Mr. Zuckerman and seconded by Mrs. Schoen, the meeting was adjourned at 9:24 pm. Planning Board Minutes 9 of 9 February 8, 2007