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HomeMy WebLinkAbout2007-05-10 - Planning Board Meeting Minutes May 10, 2007 Planning Board Draft Minutes Ver-2 VILLAGE OF RYE BROOK PLANNING BOARD MINUTES VILLAGE HALL, 938 KING STREET, RYE BROOK, NY 10573 MAY 10, 2007 ------------------------------------------------------------------------------------------------------------ ROLL CALL PUBLIC HEARINGS CONTINUED BUSINESS 1. An application by Cuddy and Feder for St. Mary's Cemetery for Site Plan and Steep Slopes. Approval and modification to an Approved Site Plan for constructing an addition to the existing mausoleum at South Ridge Street and High Street, Rye Brook, NY, designated on the Tax Assessor's Map as Section 141.5 1, Block 1, Lot l in the R-217 Zoning District. NEW BUSINESS MINUTES 2. Review of past meeting minutes DISCUSSION ITEMS 3. Sub Committee report on Planning Board Rules and Procedures. ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting THE NEXT PLANNING BOARD MEETINGS May 24, 2007 & June 14, 2007 Planning Board 1 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 Present Board Mrs. Michele Fredman Mr. John Grzan Mrs. Amy Schoen Mr. Warren Agatston Mr. Dominick Accurso Chairman Gary Zuckerman Excused Mr. Bill Laufer Staff Mrs. Marilyn Timpone Mohamed, Village Consultant Mrs. Amanda Kandel, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Michal Nowak, Jr. Village Engineer Ms. Shari Melillo, Meeting Secretary Trustee Joan Feinstein, Village Board Liaison Chairman Zuckerman asked everyone to join him in the Pledge of Allegiance. He introduced the Board members and staff to the public and explained the rules of procedure for the meeting. Chairman Zuckerman called for the first item on the agenda: Chairman noted that on the following application, there are some issues that have yet to be resolved that he would like addressed tonight by the applicant as well as the Village staff. Also, a new issue of a drainage easement has arisen that also needs to be looked at in addition to legal issues such as a special use permit and a possible permit required by the New York State Thruway Authority. CONTINUED BUSINESS 1. An application by Cuddy and Feder for St. Mary's Cemetery for Site Plan, Steep Slopes, and Special Permit. Approval and modification to an Approved Site Plan for constructing an addition to the existing mausoleum at South Ridge Street and High Street, Rye Brook, NY, designated on the Tax Assessor's Map as Section 141.51, Block 1, Lot 1 in the R-2F Zoning District. Mr. Dan Laub of Cuddy and Feder, Attorney for the applicant, addressed the Board and noted that he would try and clarify the issues brought up by the Chairman. He provided the Board with a brief overview of the last time the applicant appeared before the Board. Mr. Laub explained matters relating to property takings and easements with the New Planning Board 2 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 York State Thruway Authority and noted that St. Mary's is in receipt of a letter from the Thruway Authority stating the Authority has no objections to the proposed project at this time. Chairman Zuckerman noted to the applicant that the project would still require a work permit from the Authority. Mr. Laub addressed past matters of concern from the Planning Board. One matter of concern is the visibility of the project. Mr. Laub distributed pictures to show current conditions and visibility of the current project and discussed how the new facility is proposed and the gateway approach to it from various angles. Mr. Laub also noted that the new addition would not impact traffic on Ridge Street as no access to South Ridge Street is proposed from the mausoleum. Next, Mr. Laub reviewed concerns from Village Planner, Mrs. Mohamed's memo. He explained that dust, will be addressed by only disturbing areas as needed. Noise will be controlled by limiting the hours of construction that includes trucks, work tools etc and noted they would stay within the limits of the Village code. A flagmen will be provided at South Ridge Street construction entrance and work would be scheduled to avoid school travel times. Mr. Laub explained it was just brought to their attention about the height requirements. A final concern of the planner is the height of the building. Mr. Laub will coordinate and resolve height issues with the Building Inspector. Mr. Laub then addressed Village Engineer, Mr. Carosi's memo. It was stated they had only received the memo today and had not anticipated a lot of engineering issues to be discussed this evening especially in light of the fact that their engineer could not attend tonight. The applicant will work with Mr. Carosi to address these issues. The Planning Board had concerns about a drainage easement on the property. In regard to these concerns, a copy of the easement agreement is provided to Village Counsel and it is their understanding St. Mary's has rights to the property and has permission from the Thruway Authority. The fuel tank issue will be worked out with the Building Department and the Health Department to provide all the necessary requirements. The building itself does not encroach on the easement. Mrs. Fredman asked about the height of the new building and the view from South Ridge Street with respect to the photo provided. Mr. Laub responded that it would be screened significantly but not completely. Mrs. Fredman stated that new plantings will be smaller newer trees and that it's not fair to say it will be completely screened. Mr. Gioffre, Attorney for the applicant, addressed the board and stated that these are calculations and that the new building is not going to be 30-feet from the highest point along the roadway. He described the photos and the existing landscaping and how the applicant believes it screens the existing building. The applicant proposes similar landscaping as currently exists for the new building. Planning Board 3 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 Mrs. Schoen asked about the construction management plan and asked where they would be accessing the site. She wanted to know if the flagmen going to be on South Ridge Street and will the flagmen be experienced? She explained concerns that South Ridge Street is a very busy street and not just at school time. Mrs. Schoen stated that she does not feel these issues have been completely addressed. Mr. Laub responded that a more detailed construction management plan would be provided. Mr. Laub went on to discuss legal issues and noted they are working with the Village Attorneys. He noted a meeting is scheduled to discuss matters such as the special permit. Mr. Laub noted the variance requests are rather large due to the small tags of land that belong to the Thruway and its geometry. He went on to state that they are submitting for a 9-foot setback. Chairman Zuckerman suggests the applicant work with counsel and consultants to conclusively address the issues so that this Board could make their recommendation to the Board of Trustees. Chairman Zuckerman explained that the history of this project is important in helping this Board make its decision. Mr. Laub stated that there are several FOIL requests submitted to the Village and the Town of Rye. He does not believe all the pieces are there to be found but he does believe that most of them are and enough to make a decision. Mr. Agatston suggested that they submit a handwritten picture of what occurred and when with the original project explained that this Board could then better understand why the setbacks are 9 feet and could be 20 feet, etc. Mr. Gioffre stated that they would attempt to do that but it may not be possible because of lost records. One minor issue noted by Mr. Gioffre concerns the entrance that used to be on South Ridge Street, not on High Street. The front line as previously determined is South Ridge Street. Due to this change, it may be hard to determine which is the front yard and which is the back yard for zoning purposes. Even though this needs to be taken up with the Zoning Board, Mr. Gioffre believes that it is important for this Board to be aware of it. Chairman Zuckerman asked Mrs. Mohamed to address the Board. Mrs. Mohamed discussed her memo and advised that revised plans have been submitted and planting concerns have been addressed. However, F. P. Clark recommends the Board consider tree plantings on the Thruway area, which will visually soften that end of the mausoleum. The steep slopes issues have been addressed and will be handled by the Village Engineer. Mr. Carosi, Village Engineer, addressed the Board and discussed his items of concern. On stormwater management, the applicant has submitted a plan that would control the additional storm water that would be generated by this project. His concern is that they are approaching the 20,000 square-foot point that determines a major project from a minor project. Mr. Carosi is looking for a clarification on that so he can adequately make a determination. Additional area of concern is the site sanitary sewage. Mr. Carosi noted Planning Board 4 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 the plans show an existing septic system and asks if this is active and if it is the Applicant must submit current County Health Department permits for its operation. Mr. Carosi also requested a more detailed construction management plan to address any areas of concern because there will be a significant amount of vehicles entering and existing the site and traveling within the site. Mrs. Fredman asked Mr. Carosi if this project has any impact on the flood situation that has been occurring and is there anything we should be concerned with in light of recent storms. Mr. Carosi answered that the calculations demonstrate that the additional runoff would be stored adequately on the site and would not have an impact but it is something they would be taking a further look at. Mrs. Kandel, Village Attorney, addressed the board. She noted that she has met with the applicant and discussed outstanding legal issues and what is expected from the Applicant on these matters. She explained they are trying to find out about prior approvals and what new approvals will be required with respect to special permitting. As for questions about earlier variances, she opined that no variances would now be required because there were no variances needed originally and no action is proposed for those areas of the property. Mr. Zuckerman asked about Phase 3 and not receiving a Certificate of Occupancy. Mrs. Kandel said they are still investigating that and if it is found to be true the new permit can be conditioned on them receiving a Certificate of Occupancy on the original project first. Mr. Zuckerman asked if in order to issue the Certificate of Occupancy they would need to be code compliant and Mrs. Kandel responded yes. Chairman Agatston asked if anyone from the public would like to speak even though this is not a public hearing. Mark Benson of 16 Brookridge Court addressed the Board. He stated that he is one of the units closest to the current mausoleum. Mr. Benson gave the board a little background— He explained to the Planning Board that the original project compromised his privacy and peace by creating a noise tunnel and believes the new project would make it worse. Has been here before and informed the Village that he does believe there is an underground stream under his property and wants this considered during the review. He asked if it was ever looked at. Mr. Benson is concerned that with the new building water will be diverted to his property and wants to know what protection he has. Mr. Carosi addressed the underground stream and noted there was a study done by the Applicant to address this area of concern. According to the report prepared by the applicant, Mr. Carosi read that no ground water was found in any of the test pits dug on the proposed site. He explained that the test pits were dug on the construction site where excavation is expected. Mr. Benson asked if maybe they (the test pits) need to go lower because he is lower then the site. Chairman Zuckerman suggested that after this Board makes their recommendation it will go to the Board of Trustees and there will be a public hearing Planning Board 5 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 held. Chairman Zuckerman explained that at the Public Hearing he could address all the issues of concern. Chairman Zuckerman adjourned this matter for one month and expressed his hope to the applicant that they could finalize all the information needed so that at the next meeting this Board can make their recommendations. Adjourned to June 14, 2007. MINUTES 2. Review of past meeting minutes Chairman Zuckerman noted that he had spoken to Mr. Carosi and minutes will be discussed and voted on at the next meeting. DISCUSSION ITEMS 3. Sub Committee report on Planning Board Rules and Procedures. Chairman Zuckerman asked for a motion to pass the Planning Board Rules and Procedures. A motion was made by Mrs. Schoen and seconded by Mr. Grzan Chairman asked for discussion or comments. Mrs. Fredman — the subcommittee was intent on having it included that the Planning Board relied very heavily on the opinion of their consultants and counsel and believes that the committee backed off to be polite. Mrs. Kandel said it is important for the public to understand how the procedure works and how the meeting is structured. Basically Mrs. Fredman believes it should be included in the procedures. Mr. Agatston believes that we should rely on the expertise of our staff. Chairman Zuckerman agrees but doesn't believe it has a place in the rules and procedure. Chairman Zuckerman asked for a motion to amend the rules set forth as follows — section 9I— IV— the planning board is expressly authorized to rely on the expertise of their staff and consultants. On a motion made by Mrs. Fredman and seconded by Mr. Agatston, the roll was called: Mr. Accurso No Mr. Agatston Yes Mr. Grzan No Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman No Planning Board 6 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 3 for 3 against—motion does not carry Discussion on Section 4C Mrs. Fredman would like public importance changed to emergency. Chairman Zuckerman asked for a motion to change "importance" to "emergency" in Section 4C. On a motion made by Mrs. Fredman and seconded by Grzan, the roll was called: Mr. Accurso No Mr. Agatston No Mr. Grzan No Mrs. Fredman Yes Mrs. Schoen No Chairman Zuckerman No Motion does not carry Item 8C Shall not discuss the merits of an application or any part thereof with each other or the applicant. Believes it should be changed to add"during the site visit." Chairman Zuckerman asked for a motion to amend On a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries Item 6F Mr. Agatston wants to have the last sentence deleted in its entirety— when hearing is closed it is closed. Chairman Zuckerman asked for a motion to strike the last sentence in Item 6F. Motion made by Mr. Agatston and seconded by Mr. Grzan Chairman Zuckerman stated that he had asked Counsel about this subject and was told that the applicant may always have the opportunity to put something in writing even after the hearing because he is the applicant. Mrs. Kandel stated that it happens all the time that applicants have to submit information before and after the hearing. Mr. Agatston is not arguing with that, it's the public's comments after the fact. Planning Board 7 of 8 May 10, 2007 May 10, 2007 Planning Board Draft Minutes Ver-2 Chairman Zuckerman asked for the vote to be called on this item: Mr. Accurso No Mr. Agatston Yes Mr. Grzan No Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries. Chairman Zuckerman asked for a motion to approve the Planning Board Rules and Procedures as amended and on a motion by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries Chairman Zuckerman stated that applicants get scared away by Section 209 requirements and suggested that Mr.Grzan work with Building department to simplify the form of what is required from the applicant. Mrs. Kandel explained that it is a checklist based on the code so it cannot be changed. Chairman Zuckerman called for a motion to adjourn tonight's meeting and on a motion by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Meeting adjourned at 9:20 PM Planning Board 8 of 8 May 10, 2007