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HomeMy WebLinkAbout2007-06-28 - Planning Board Meeting Minutes PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK, NEW YORK 10573 JUNE 28, 2007 ROLL CALL PUBLIC HEARINGS 1. Site Plan review of an Application by Parkwood Lane LLC for the proposed construction of a single family dwelling for the property listed as 9 Parkwood Place, Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.67, Block 1, Lot 47 in the R-15 Zoning District. • Considering a Resolution to Close the Public Hearing. • Considering a Resolution to Act on Application. 2. Continued Public Hearing regarding Bowman Avenue Development— Review of an application for Steep Slopes and Wetland permitting submitted by John Meyer Consulting, P.C. on behalf of Kip Konigsberg (K&M Realty, Ltd.) 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. • Considering a Resolution to Close the Public Hearing. NEW BUSINESS 3. Site Plan review of an application by John G. Scarlotto, Jr. on behalf of Mr. & Mrs. Hoff for a proposed addition and expansion of a single family dwelling for the property listed as 812 King Street, Rye Brook, NY, designated on the Tax Assessor's Map as Section 130.77, Block 1, Lot 8 in the R-15 Zoning District. • Considering a Resolution to set the Public Hearing DISCUSSION ITEMS 4. Introduction to a local law referred from the Board of Trustees regarding amendments to Chapter 130 of the Village Code entitled Flood Damage Prevention. The Planning Board has been asked to give a report and recommendation on the subject local law to the Board of Trustees. Planning Board Minutes 1 of 12 June 28, 2007 ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. Next Planning Board meetings are July 26, 2007 & August 16, 2007 PRESENT BOARD Mr. Warren Agatston Mrs. Amy Schoen Mr. Bill Laufer Mr. Domenic Accurso Chairman Gary Zuckerman EXCUSED Mrs. Michele Fredman Mr. John Grzan STAFF Mrs. Marilyn Timpone-Mohamed, Village Consultant Mrs. Amanda Kandel, Village Attorney Mr. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak Ms. Shari Melillo, Planning Board Secretary Trustee Joan Feinstein, Village Board Liaison Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He then introduced the Board members and the Village Staff to the audience and explained the rules of procedure for the meeting. Chairman Zuckerman called for the first item on the agenda: PUBLIC HEARINGS 1. Site Plan review of an Application by Parkwood Lane LLC for the proposed construction of a single family dwelling for the property listed as 9 Parkwood Place, Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.67, Block 1, Lot 47 in the R-15 Zoning District. • Considering a Resolution to Close the Public Hearing. • Considering a Resolution to Act on Application. Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: Planning Board Minutes 2 of 12 June 28, 2007 Mr. Laufer Yes Mr. Agatston Yes Mrs. Schoen Yes Mr. Accurso Yes Chairman Zuckerman Yes Mr. Steve Businik, Engineer for the applicant addressed the Board and gave a brief overview of the proposed project. Chairman Zuckerman asked for questions or comments from the Board and there being none, he asked for a motion to close the Public Hearing. On a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: Mr. Laufer Yes Mr. Agatston Yes Mrs. Schoen Yes Mr. Accurso Yes Chairman Zuckerman Yes Motion carries. Mrs. Mohamed read the resolution into the minutes. Chairman Zuckerman asked for a motion to approve the resolution and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Laufer Yes Mr. Agatston Yes Mrs. Schoen Yes Mr. Accurso Yes Chairman Zuckerman Yes Motion carries. Resolution approved as read. Planning Board Minutes 3 of 12 June 28, 2007 June 28, 2007 APPROVED RESOLUTION APPROVING A SITE PLAN TO CONSTRUCT A NEW SINGLE FAMILY HOME AT 9 PARKWOOD PLACE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Milo Rajovic, on behalf of Parkwood Lane, LLC, has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval to construct a new single family dwelling at 9 Parkwood Place, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.67, Block 1, Lot 47 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 4. Engineer's site plans, prepared by Petruccelli Engineering, Valhalla, NY: Sheet Number Sheet Title Dated Sheet 1 of 3 Site Plan 3/02/07 Rev. 6/25/07 Sheet 2 of 3 Details 3/02/07 Rev. 6/25/07 Sheet 3 of 3 Building Height Sections 3/02/07 Rev. 6/25/07 5. Architectural Plans, prepared by Petruccelli Engineering, Valhalla, NY: Sheet Number Sheet Title Dated Sheet 1 of 6 Cellar and First Floor Plans 3/16/07 Sheet 2 of 6 Second Floor and Roof Plans 3/16/07 Sheet 3 of 6 East and West Elevations 3/16/07 Sheet 4 of 6 North and South Elevations 3/16/07 Sheet 5 of 6 Framing Plans 3/16/07 Sheet 6 of 6 Building Sections 3/16/07 6. Letter to Victor Carosi, P.E. from Rudolph Petruccelli, P.E., dated June 5, 2007. Planning Board Minutes 4 of 12 June 28, 2007 WHEREAS, the Planning Board of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), deterinined 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 comments and made recommendations regarding the site plan, zoning, impervious surface coverage, landscaping, storm water management and erosion and sediment control and the Applicant revised the plans to comply with all comments; and WHEREAS, the residence and site plan, as proposed, would conform to all zoning requirements of the R-15 district; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on June 28, 2007, the Planning Board opened a public hearing on the subject application, 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 June 28, 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 single family dwelling at 9 Parkwood Place. Chairman Zuckerman called for the next item on the agenda: 2. Continued Public Hearing regarding Bowman Avenue Development — Review of an application for Steep Slopes and Wetland permitting submitted by John Meyer Consulting, P.C. on behalf of Kip Konigsberg (K&M Realty, Ltd.) 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. 0 Considering a Resolution to Close the Public Hearing. Planning Board Minutes 5 of 12 June 28, 2007 Chairman Zuckerman noted that this application had been previously adjourned due to missing information but that has been resolved. The Chairman stated this Board is ready to close the Public Hearing but would first like to hear any comments from the public. Mr. Kenneth Hirsh of 38 Highland Road, Rye, New York addressed the Board and stated he was here on behalf of the Rye Flood Action Coalition which was formed to find solutions to the flooding problems plaguing Rye. He added that his home was flooded in both storms in March and April of this year. Mr. Hirsch asked the Board if they were aware of the toxic materials located at the proposed site on Bowman Avenue. He explained that he was made aware of the condition at the Rye coalition meeting on the previous Tuesday night. He further stated that it is his belief that the best plan for this site is flood mitigation. Mr. Hirsh further noted that the new FEMA flood maps are now available and asked the Board to please review them and to please consider carefully what is done on this site because a lot of families will be impacted. Mr. Agatston asked about the toxicity that Mr. Hirsh mentioned and Mrs. Kandel explained that there is an open spill number for on the strip portion of the property and the Village is aware of it and has been aware of it since the inception of the project. Chairman Zuckerman explained that the Board of Trustees is aware of the contamination and that testing has been and is being done. He explained to Mr. Hirsh that the matter pending tonight is for wetlands and steep slopes only and that the question of possible soil contamination is a Site Plan issue being reviewed by the Board of Trustees and is outside the purview of the Planning Board. The Board of Trustees is looking at it and will take the necessary steps required. Mr. Accurso addressed the Board regarding the mitigation of wetlands. He stated that previously he had tried to address the Board regarding the reduction of density and he was called out of order. Mr. Accurso quoted Village Code § 245-8(D)(2). Mr. Accurso continued stating that the Planning Board has approval authority for a wetlands permit and a therefore a right to request a reduction in density. Chairman Zuckerman stated that there was a written statement from Counsel on this topic but that it was privileged and could not be discussed at public session and that Mr. Accurso could make a motion to go into executive session to discuss it. Mr. Accurso made a motion to adjourn to executive session and the motion was seconded by Mr. Laufer. Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston No Mrs. Schoen No Chairman Zuckerman No Planning Board Minutes 6 of 12 June 28, 2007 Motion does not carry Chairman Zuckerman stated that if Mr. Accurso wanted to re-open the discussion regarding the reduction of units, he could make a motion to do so when the resolution is considered. Mr. Accurso agreed. Mr. Ryan addressed the Board and stated that he would like to clarify the comments made by Mr. Hirsh regarding the FEMA flood maps. He stated that he was requested by Mr. Carosi to review the maps; he did and has already updated the plans after the review of the new FEMA maps. Chairman Zuckerman read the following statement into the Record: "The review by this Board has focused on the effects of this project on the wetlands, wetland buffer, and steep slopes. The project's Stormwater Management provisions are a major element in the mitigation necessary for the site. Rye Brook has substantially modified its laws on Stormwater Management and development so that we are one of the most environmentally sensitive communities in Westchester. Every application, even those for single-family homes, requires extensive provision for stormwater management. This is a burden that our residents have willingly shouldered. Furthermore, we have a discussion item on our Agenda this evening regarding modification of our Flood Damage Prevention law. In addition, since 2002 our village has performed a detailed study of the eastern branch of Blind Brook and identified several capital projects. Of these projects we have thus far implemented an underground Stormwater basin in the new ballfield on King Street, completed a bid package for King St.-Loch Lane-Edgewood drainage repairs, dredged the Phillips pond,received a grant for the proposed Edgewood Basin, and applied for funding of the private pond at Hidden Falls. The total expenditure for these Rye Brook projects, funded through both tax revenues and grants, will be in excess of$1.6 million, which is a substantial sum for a community of our size. We challenge our neighboring communities, indeed any other community in Westchester, to match our record. We should also note for the record that the flood conditions of the last several storms pertained without any construction on the site whatsoever. The question before this board regarding on site stormwater management is whether the proposed development will make the situation worse than existed prior to the proposed construction. That question cannot be answered by supposition or intuition but by scientific and engineering data, which the Board, together with its consultants and professionals, is duty bound to review objectively and without prejudice to any interest. Thus far, there has been no evidence that this project will exacerbate existing conditions and, in fact, some evidence that the conditions will be improved. Planning Board Minutes 7 of 12 June 28, 2007 Lastly, while there has been some political controversy about the future of this site, those discussions are outside the purview of this Board, which is concerned only with the Application before it and its compliance with our Land Use laws and Regulations. " Chairman Zuckerman asked for a motion to close the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: Mr. Laufer Yes Mr. Accurso No Mr. Agatston Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries. Chairman Zuckerman called for the next item on the agenda NEW BUSINESS 3. Site Plan review of an application by John G. Scarlotto, Jr. on behalf of Mr. & Mrs. Hoff for a proposed addition and expansion of a single family dwelling for the property listed as 812 King Street, Rye Brook, NY, designated on the Tax Assessor's Map as Section 130.77, Block 1, Lot 8 in the R-15 Zoning District. • Considering a Resolution to set the Public Hearing. Chairman Zuckerman addressed the applicant and asked him to please address the issues regarding the variances that will be required and the mitigation proposed on the site. Mr. Scarlotto, Architect for the applicant, addressed the Board and gave a brief overview of the proposed project. Mr. Scarlotto explained that this project is in the King Street Scenic Roads Overlay District which makes the front yard an existing non-conforminity. He explained that the variances required are due to recent changes in the zoning code and the new footprint of the house. He also noted that 50% of the new garage and all of the new deck are in the wetlands buffer. Mr. Agatston expressed his concern about the proposed size of the deck which is a total of 1560 feet of additional square footage in the buffer. Mr. Scarlotto responded that the actual addition to the existing deck is about 1000 square feet. Mr. Agatston suggested that they take another look at the deck and reconsider the size. Planning Board Minutes 8 of 12 June 28, 2007 Mr. Richard Horsman, Landscape Architect for the applicant addressed the Board and went over the landscape plan which includes 3224 square feet of plantings that would be the required mitigation for the loss of buffer pursuant to the Village Code. These plantings include trees, shrubs and perennial plants. Mrs. Schoen asked for more specifics on the types of plantings and Mr. Horsman responded that they are wetland buffer or native species. He added that there would be a detailed plan forthcoming. Mr. Accurso asked Mr. Scarlotto to explain the watercourse located in the back of the property. Mr. Scarlotto explained that it is the beginning of the east branch of the Blind Brook. It is a reconstructed drainage channel which is basically rocks on both sides of the existing stream. Mr. Carosi explained that this stream runs continuously and that it is a stream that is fed by the upstream water shed that includes water from roads. He explained that the flow of the stream was altered by a development downstream from the Hoff property. In response, after prolonged discussion and negations with the Village and the developer, the channel was lined with stones to control it better and mitigate any changes resulting from the down stream development. The stream flows in a southerly direction parallel to King Street. He went on to state that there is a long history regarding the stream and the addition of the rocks was to assist in controlling the location of the stream flow. Mr. Laufer asked if there was anything specific the Board should look at that might impact the stream. Mr. Carosi responded that the Village looks at all storm water plans because we know the impacts it can have. The Village code has specific requirements to protect water management and quality and this project is no different. Mr. Accurso asked how the stream behaved during recent storms and Mr. Carosi responded that the King Street fields detention system has helped alleviate flooding upstream. Mr. Accurso asked the applicant how much water he had on his property during the recent storms and Mr. Hoff, responded that all of the water was maintained within the stream channel flowing into the culvert and there was no flooding on his property. Mrs. Schoen asked about the stones lining the stream and their location and if more mitigation was required. Mr. Hoff responded that he was told, and the Village agreed, that the stream channel was constructed properly with the stones placed along the sides of the channel. The work done to the stream was done in conjunction with the Village and was reviewed by the Village Engineer and consulting Engineer. Mr. Carosi stated that he has done a preliminary review of the sediment and storm water plans required for the proposed additions and the Village had some reservations regarding Planning Board Minutes 9 of 12 June 28, 2007 said plans. He asked the applicant to reevaluate the sediment and storm water plans to be consistent with Village requirements. Mr. Accurso stated that there is open lawn area on either side of the stream and no plantings. Mr. Accurso would like the proposed mitigation plantings to be placed around the stream in accordance with the Aquatic Restoration Plan set up by the Village. Mr. Hoff politely disagreed stating that he was told by the engineers, both Dolph Rotfeld, P.E., consulting engineer for the Village, and his own, that any plantings within the vicinity of the stream channel would hinder the flow and was told it would not be a good idea to add plants in that area. Mr. Accurso stated he would like this issue to be reviewed by the Village staff. Chairman Zuckerman called for a motion to read the resolution setting the Public Hearing and a motion was made by Mrs. Schoen and seconded by Mr. Agatston. Mrs. Mohamed read the resolution into the minutes. The roll was called: Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries. Resolution approved as read. June 28, 2007 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR APPROVAL OF A SITE PLAN AND WETLANDS PERMIT FOR 812 KING STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, John G. Scarlotto, Jr., on behalf of Mr. and Mrs. Hoff, has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting approval of a site plan and wetlands permit to construct additions and a deck to an existing single family dwelling located at 812 King Planning Board Minutes 10 of 12 June 28, 2007 Street, Section 130.77, Block 1, Lot 8 on the Tax Assessor's Map in the King Street Scenic Roads Overlay District of the R-15 zoning district. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on July 26, 2007 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be Type II, requiring no further review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Chairman Zuckerman added that a great deal of work on the plans would be needed before the Public Hearing is convened on July 26th and suggested the applicant meet with the Village staff to get all information and comments necessary to revise and complete the plans. Chairman Zuckerman called for the final item on the agenda: DISCUSSION ITEMS 4. Introduction to a local law referred from the Board of Trustees regarding amendments to Chapter 130 of the Village Code entitled Flood Damage Prevention. The Planning Board has been asked to give a report and recommendation on the subject local law to the Board of Trustees. Mrs. Kandel addressed the Board and stated that a Model Local Law has been sent to the Village by the State requiring the Village to update its Flood Damage Prevention Law. The Model Local Law is proposed due in part to the updating of the flood maps by FEMA. Mrs. Kandel informed the Board that a draft Local Law amending Chapter 130 of the Village Code would be included in the Board's packet for the July 26th meeting. The Local Law must be passed by the Board of Trustees no later than September 28, 2007 and therefore, this Board should give its recommendation to the Board of Trustees no later than its August 16th meeting. The Local Law must be revised in order for the Village to continue to be a participant in the National Flood Insurance Program. Mr. Agatson asked if the Board could review the updated maps and Mr. Carosi responded that they may be available online, but right now there is only one copy in the Building Planning Board Minutes 11 of 12 June 28, 2007 Department. He went on to say that the maps are more of a technical matter and are not critical in the Board's review of the proposed Local Law. The proposed Local Law is more of a Village Code matter addressing ways to protect structures located in the flood plains such as requiring that electrical lines be located high above the flood high water level. By using the new regulations the Building Inspector can make sure buildings are built properly within a flood plain. Mr. Agatston asked how the Board would know when a property it is reviewing is in a flood plain and Mr. Carosi explained the location of a property in a flood plain is part of the required checklist information when an applicant applies for any permits in the Building Department and is already something currently looked at. When the proposed Local Law is adopted and it is determined that the project is in a flood plain, there will then be additional specific instructions on how it should be built. Chairman Zuckerman added the Board would all know more about flood plain issues when the members receive the draft Local Law. Mr. Accurso wanted to make a final statement for the record. He noted that Chairman Zuckerman, in his statement regarding the Bowman Avenue development application reviewed earlier during the meeting, said that the Village had expended $1.6 million dollars on storm water management in the Village. He stated that $1.6 million dollars spent over the course of 45 years is a pretty poor record. Chairman Zuckerman noted that the $1.6 million dollars was money expended for storm water management in recent years. Chairman Zuckerman asked for a motion to adjourn the meeting and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Laufer Yes Mr. Agatston Yes Mr. Accurso Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries. Meeting adjourned 9:02pm Planning Board Minutes 12 of 12 June 28, 2007