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HomeMy WebLinkAbout2007-07-26 - Planning Board Meeting Minutes July 26, 2007 Planning Board Minutes Approved PLANNING BOARD MINUTES VILLAGE OF RYE BROOK 938 KING STREET, RYE BROOK,NEW YORK 10573 JULY 26, 2007 ROLL CALL PUBLIC HEARING 1. Site Plan review of an Application by John G. Scarlato 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 approve the proposed Site Plan. RESOLUTIONS 2. Considering a Resolution to adopt Findings regarding development on a 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 (Formerly known as Section 1, Block 22, Lots 2B and 2132) in the C-1Zoning District. 3. Considering a Resolution to approve the application by John Meyer Consulting, P.C. on behalf of Kip Konigsberg (K&M Realty, Ltd.) for Steep Slopes and Wetlands Pen-nits 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 (Formerly known as Section 1, Block 22, Lots 213 and 2132) in the C-1 Zoning District. 4. Considering a resolution to change the September 13 meeting to September 6, 2007. 5. Considering a Report and Recommendation to Village Board of Trustees regarding repeal of existing Chapter 130 of the Village Code entitled Flood Damage Prevention and adoption of a local law creating a new Chapter 130 entitled Flood Damage Protection. NEW BUSINESS July 26, 2007 Planning Board Minutes 1 of 22 July 26, 2007 Planning Board Minutes Approved 6. Site Plan review of an Application by David Robak on behalf of Mrs. Rusciano for a proposed addition to the rear of an existing single family dwelling and conversion of the single family dwelling to a two-family dwelling for the property listed as 52 Hillcrest Avenue, Rye Brook, NY, designated on the Tax Assessor's Map as Section 135.76, Block 1, Lot 11 in the R-2F Zoning District. • Considering a Resolution to Set the Public Hearing. 7. Review of a local law referred to the Planning Board from the Board of Trustees for a Report and Recommendation regarding repeal of existing Chapter 130 of the Village Code entitled Flood Damage Prevention and adoption of a new Chapter 130. MINUTES 8. Approval of June 28, 2007 meeting minutes. DISCUSSION ITEMS Present Board Mrs. Michele Fredman Mr. John Grzan Mrs. Amy Schoen Mr. William Laufer Mr. Dominick Accurso Chairman Gary Zuckerman Excused Mr. Warren Agatston Staff Mrs. Marilyn Timpone Mohamed, Village Consultant Mr. Nick Ward-Willis, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Michal Nowak, Jr. Village Engineer 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. July 26, 2007 Planning Board Minutes 2 of 22 July 26, 2007 Planning Board Minutes Approved Chairman Zuckerman asked to advance to item 4 on the agenda: 4. Considering a resolution to change the September 13 meeting to September 6, 2007 Chairman Zuckerman explained the reason for the change was due to the Jewish New Year falling on the scheduled meeting date of September 13. . The Chairman asked Mr. Nowak to read the resolution: Chairman Zuckerman asked for a motion to accept the resolution and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries. Chairman Zuckerman called for the next item on the agenda: PUBLIC HEARING 1. Site Plan review of an Application by John G. Scarlato 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 approve the proposed Site Plan. Chairman Zuckerman called for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes July 26, 2007 Planning Board Minutes 3 of 22 July 26, 2007 Planning Board Minutes Approved Mr. Grzan asked to make a statement and explained that he and his family had hired Mr. Scarlato and his firm to do some personal work for him and wanted to disclose that. Chairman Zuckerman asked if there were any objections or concerns and there were none. Chairman Zuckerman stated that since this application was first scheduled, many of the objections raised have been resolved. Two issues that remain involve variances that are needed. That being said, Chairman Zuckerman asked to hear from the applicant. Mr. Laub of Cuddy & Feder, Attorney for the applicant, addressed the board and explained that in addition to himself, the Architect, Engineer and applicant were all present to address any issues or concerns and answer any questions from the Board or Public. Mr. Scarlato addressed the Board as Architect for the applicant and gave a brief overview of the project. He explained that the two major changes were the reduction in the size of the deck and the addition of mitigating vegetation and landscaping in the backyard. Mr. Scarlato explained the project to the Board using the architectural drawings and explained where the set back issues were occurring and why. One is at the corner of the garage that is a matter of 3 feet over the requirements. The deck problem is that the new deck is in the wetland buffer and they have reduced it to decrease additional impervious surface coverage in the buffer. They have recalculated the mitigation plan and added more plantings along the waterway. Mr. Horsman, Landscape Architect for the applicant, addressed the board and discussed the planting concept for the project using his drawings. Mr. Nardecchia, introduced himself as a Professional licensed Engineer, a former Engineer for the Village of Rye Brook, and a caretaker for this project for 6 years. He discussed the drainage and storm water management plan and explained, through drawings, how the water would be handled in the different parts of the property and added that he believes he has addressed all the issues brought up by Mr. Carosi. He discussed how the plan was designed for a 25-year storm but could handle more then that through additional drywells and a 4-inch overflow pipe. Chairman Zuckerman asked Mr. Carosi if it would work and he responded that it would work as designed. Mrs. Mohamed addressed the Board and stated that the revised landscape plans resolved her comments. The only outstanding item is approval of the storm water management plan that Mr. Carosi needs to approve. Mr. Carosi said the concepts of the plan are workable but that he had not yet received a revised plan documenting the changes discussed. Mr. Accurso asked if there was a water condition on the site and Mr. Carosi asked exactly what he meant. Mr. Accurso said a portion of the site was in a flood zone. The Engineer added that because of the work done at the new Rye Brook Ball field they have July 26, 2007 Planning Board Minutes 4 of 22 July 26, 2007 Planning Board Minutes Approved experienced no water flooding problems on this property. Mr. Carosi stated that according to the FEMA maps, this property is not in a flood zone. Mr. Accurso asked about the concrete slab on grade for the garage and behind that, a new unfinished basement storage. Mr. Scarlato explained that the area has no point of egress, it is there for add on at a later time if they so choose. Mr. Accurso asked about the sump and French drain; he asked what they would be connected to. Mr. Nardecchia stated they would connect to the drywell. Mr. Accurso stated that sump pumps attached to sanitary sewer lines are a problem in Rye Brook and should be checked thoroughly and he also feels that the deck is still too big considering it is in the wetland buffer. Mr. Grzan brought up a note from a neighbor regarding lights on the deck and asked if that would be addressed here or at the Architectural Review Board. Mr. Scarlato stated that there are only small lights on that side of the deck and didn't believe it would be an issue. Mr. Laub stated that neighboring house is actually a lot higher then this project house — there is quite a bit of an elevation change. Mrs. Fredman asked about the upkeep requirements for the mitigation plantings and would like a maintenance requirement added if it is not already stated in the plans. Mrs. Mohamed stated that the Board could add a maintenance requirement as a condition of approval but the plantings are part of the landscape plan for the home and she would hope the homeowner would maintain them after construction. Mr. Accurso asked if there was a storm line that the pumps could be connected to and Mr. Carosi stated to his knowledge, there was not. The existing pumps drain into the stream. Mr. Laub added that the Hoff's do have a landscaper that maintains the whole property so he does not believe maintenance is an issue. The Chair asked for comments from the public and, there being none, asked for a motion to close the Public Hearing. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Chairman Zuckerman asked if there was any objection from the Board in accelerating the vote on this matter. Mrs. Fredman did not want to accelerate the vote and Mr. Accurso asked for an explanation as to why the vote should be accelerated. Chairman Zuckerman explained that the hearing is closed, this is a residential application and there were no July 26, 2007 Planning Board Minutes 5 of 22 July 26, 2007 Planning Board Minutes Approved outstanding issues. Mrs. Fredman stated that we have made rules and would like them followed. Chairman Zuckerman added that the rules allow for an accelerated vote and asked for a motion to accelerate the vote. On a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso No Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman No Mrs. Schoen Yes Chairman Zuckerman Yes Motion to allow for an accelerated vote passes Mrs. Mohamed read the resolution into the minutes: Chairman Zuckerman asked for a motion to approve the resolution. A motion was made by Mrs. Schoen and seconded by Mrs. Fredman. Chairman Zuckerman asked if this Board wanted to make a positive recommendation to the Zoning Board on this application and the Board members declined. Chairman Zuckerman asked Mr. Nowak to call the roll on the resolution: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes The motion passed. July 26, 2007 APPROVED RESOLUTION APPROVING A SITE PLAN FOR BUILDING ALTERATIONS AND SITE IMPROVEMENTS AT 812 KING STREET VILLAGE OF RYE BROOK PLANNING BOARD July 26, 2007 Planning Board Minutes 6 of 22 July 26, 2007 Planning Board Minutes Approved WHEREAS, John G. Scarlato, 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 pursuant to Chapter 245 of the Village Code requesting a Permit to Perform Regulated Activities in a Wetland to construct site improvements, a deck and additions to an existing single family dwelling located at 812 King Street, Section 130.77, Block 1, Lot 18 on the Tax Assessor's Map in the King Street Scenic Roads Overlay District of 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 Plans, prepared by Lary J. Nardecchia, Jr., P.E., Ardsley, N.Y.: Sheet Number Sheet Title Dated Sheet S-1 Drainage Analysis - Hoff 5/08/07 rev. 7/11/07 5. Architect's Plans, prepared by John G. Scarlato, Jr., Architect, Armonk, N.Y.: Sheet Number Sheet Title Dated Sheet S-2 Site and Tree Preservation Plan 6/06/07 rev. 7/10/07 Sheet S-3 Site and Tree Preservation Plan Notes and Details 6/06/07 rev. 7/10/07 Sheet S-4 Tree and Landscape Plan 6/06/07 rev. 7/10/07 Sheet A-1 General Notes 3/29/07 rev. 7/10/07 Sheet A-2 Exterior Elevations 3/29/07 rev. 7/10/07 Sheet A-3 Exterior Elevations 3/29/07 rev. 7/10/07 Sheet A-4 Sections 3/29/07 rev. 7/10/07 Sheet A-5 Basement/Foundation Plan 3/29/07 rev. 7/10/07 Sheet A-6 First Floor Construction Plan 3/29/07 rev. 7/10/07 Sheet A-7 Second Floor Construction Plan 3/29/07 rev. 7/10/07 Sheet A-8 Roof Plan 3/29/07 rev. 7/10/07 Sheet D-1 Demolition Plan 3/29/07 rev. 7/10/07 6. Plant List dated July 26, 2007 and Landscape Architect's Plans prepared by Richard J. Horsman Landscape Architects and Site Planners, Rye, N.Y.: Sheet Number Sheet Title Dated July 26, 2007 Planning Board Minutes 7 of 22 July 26, 2007 Planning Board Minutes Approved Sheet L-1 Watercourse Mitigation Plan 6/28/07 rev. 7/26/07 WHEREAS, the Planning Board of the Village of Rye Brook declared itself Lead Agency for review of the subject application in accordance with Article 8 of the State Environmental Conservation Law (SEQRA) and 6 NYCRR Part 617 and determined the proposed action to be a Type 11 Action requiring no additional review under SEQRA; and WHEREAS, approval of the site plan would require the granting, by the Village Zoning Board of Appeals, of an area variance of 3.7 feet from the required side yard total of two side yards and an area variance of 16 feet from the 60-foot minimum front yard (1.5 times the 40-foot setback required by the underlying R- 15 zoning district) for construction of the garage addition in the King Street Scenic Roads Overlay District; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information submitted and made recommendations regarding the site plan, zoning, variances, loss of wetland buffer, reduction of impervious surface coverage in the buffer, tree protection, mitigation plantings, 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 site plan would reduce two existing non- conformities including a parking area within 25 feet of the front property line and impervious surface coverage within the front yard, the gross floor area of the dwelling would not be increased beyond what is allowable, existing mature trees will be protected and preserved, 2,802 square feet of native plantings would be planted as mitigation for the loss of 1,319 square feet of buffer, and storm water management on the lot will be improved by installation of storm water management facilities; and WHEREAS, on July 26, 2007, 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 July 26, 2007. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the site plans listed herein and a Permit to Perform Regulated Activities in a Wetland for construction July 26, 2007 Planning Board Minutes 8 of 22 July 26, 2007 Planning Board Minutes Approved of site improvements, a deck and additions to an existing single family dwelling located at 812 King Street, subject to the following conditions: 1. The granting by the Zoning Board of Appeals of an area variance of 3.7 feet from the required side yard total of two side yards. 2. The granting by the Zoning Board of Appeals of an area variance of 16 feet from the 60-foot minimum front yard for construction of the garage addition in the Scenic Roads Overlay District. 3. Approval of the storm water management plan by the Village Engineer. 4. All plantings required in the plan titled "Watercourse Mitigation Plan, Sheet L-1" prepared by Richard J. Horsman and dated June 28, 2007 last revised July 26, 2007, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer. Chairman Zuckerman called for the next item on the agenda: RESOLUTIONS 2. Considering a Resolution to adopt Findings regarding development on a 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 (Formerly known as Section 1, Block 22, Lots 2B and 2B2) in the C-1Zoning District. 3. Considering a Resolution to approve the application by John Meyer Consulting, P.C. on behalf of Kip Konigsberg (K&M Realty, Ltd.) for Steep Slopes and Wetlands Permits 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 (Formerly known as Section 1, Block 22, Lots 2B and 2B2) in the C-1 Zoning District. Chairman Zuckerman explained that at the last Planning Board meeting the Public Hearing was closed and that there are 2 resolutions before us tonight. The first resolution is on the Findings Statement and the second is on the Wetland and Steep Slopes permits. He explained that all comments from this Board have been included in the resolution. Chairman Zuckerman asked Mrs. Mohamed to address the Board regarding the Findings Statement. Mr. Accurso stated he had a comment and Chair asked him to wait until the resolutions are read. July 26, 2007 Planning Board Minutes 9 of 22 July 26, 2007 Planning Board Minutes Approved Mrs. Mohamed explained the Finding Statement saying it is a summary of the project, potential impacts and mitigation, and the conclusions of the Involved Agency. The Findings by the Planning Board deal with issues that apply to wetlands and steep slopes. The major point of the Findings is that the revised mitigation plan is adequate to eliminate or mitigate any potential impacts to wetlands and steep slopes that might occur from the project. The storm water management plan meets all the standards required by the New York State DEC and the Village of Rye Brook. Chairman Zuckerman asked for comments from the Board regarding the Findings Statement. Mr. Grzan asked about the soil conditions and if they are suitable and who would be accountable if there should be a problem. Mr. Carosi explained the soil borings were not taken from a structural building perspective but to establish the types of soils that are on the site. Chairman asked if in lay terms it means it is not unsuitable and Mr. Carosi responded that was correct. Mrs. Schoen does not like the word generally because it is too over broad. Mr. Accurso agrees with Mr. Grzan that the soil issue should be stricken from the statement— and also the fact that the site is filled rubble, construction debris. Mr. Carosi stated that using the word "general" just means that tests were done for analysis and tests for contamination, but there were additional soil samples done to understand what the makeup of the project characteristics are on this site. The Chair asked Mr. Carosi if he is satisfied with the wording as it is and Mr. Carosi stated that this is just a general broad statement and is sufficient for what is was meant for. Mr. Ward-Willis is satisfied with the wording as well, as it is a general statement that says the soil is suitable for the generally intended purpose. Mrs. Fredman stated the name of the Port Chester school district should be corrected to its actual name. Also on page 5 it talks about removal of construction debris and contaminants and asked exactly what that meant. She would like to add the word existing if that is what it is. Mrs. Mohamed stated it is existing and"existing" should be added. Chairman Zuckerman asked for the resolution adopting the finding statement and Mrs. Mohamed read the resolution into the minutes: Chairman Zuckerman asked for a motion to accept the resolution as read and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: July 26, 2007 Planning Board Minutes 10 of 22 July 26, 2007 Planning Board Minutes Approved Mr. Accurso No Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries. July 26, 2007 APPROVED RESOLUTION ADOPTING FINDINGS REGARDING AN APPLICATION BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF RESIDENTIAL CONDOMINIUM DWELLING UNITS AND A PUBLIC PASSIVE RECREATION AREA ON BOWMAN AVENUE, RYE BROOK, NEW YORK, SECTION 141, BLOCK 26, LOTS 1-1 AND 1-1.1 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Village of Rye Brook Planning Board received applications from K&M Realty Group, Ltd. (the "Applicant") for Wetlands and Steep Slopes Permits to construct ten attached (10) residential units on a parcel of real property and an offering by the Applicant to develop and dedicate a portion of the parcel to the Village of Rye Brook for use as a public passive park; and WHEREAS, the +/-4.039-acre property, consisting of upland areas known as the "Peninsula" and the "Strip" and approximately 1.67 acres of open water is located on the south side of Bowman Avenue, approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District and the Scenic Roads Overlay District, in the Village of Rye Brook, New York, shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 (formerly known as Section 1, Block 22, Lots 2B and 2B2) on the tax assessors maps (the "Site" or "Property"); and WHEREAS, on or about June 25, 1996, the Village Board of Trustees, Approval Authority for the Site Plan, determined the action to be Unlisted pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 July 26, 2007 Planning Board Minutes 11 of 22 July 26, 2007 Planning Board Minutes Approved NYCRR Part 617 and resolved to be Lead Agency for review of the Proposed Action; and WHEREAS, the Lead Agency for review under SEQRA determined that the Original Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a Positive Declaration on or about June 25, 1996 and requiring the submission of a Draft Environmental Impact Statement(DEIS); and WHEREAS, in response to comments received regarding the DEIS and Original Proposed Action the Applicant proposed a new alternative that revised the project to eliminate the restaurant and propose construction of ten (10) residential units on the Peninsula portion of the Property leaving the Strip undeveloped within a conservation easement (the "Mitigation Plan"); and WHEREAS, the Applicant prepared and submitted a revised Final Environmental Impact Statement (FEIS) dated July 2006 that reviewed the potential environmental impacts of the Mitigation Plan and the Lead Agency determined the FEIS to be complete on July 25, 2006; and WHEREAS, with the agreement of the Village Board of Trustees, the Applicant further revised the Mitigation Plan to propose, in addition to development of ten (10) residential units, development of a passive recreation area on the Strip and the dedication of the Strip and recreation area to the Village of Rye Brook for use as a public passive park(the "Revised Mitigation Plan"); and WHEREAS, certain SEQRA documents and resolutions erroneously describe the Original Proposed Action to be a Type I Action, even though the Village Board of Trustees determined the Original Proposed Action to be an Unlisted Action on June 25, 1996 and pursuant to SEQRA, 6 NYCRR Part 617, Section 617.4 the Original Proposed Action is correctly determined to be an Unlisted Action; and WHEREAS, the Lead Agency, adopted Findings regarding the environmental review and the Revised Mitigation Plan on December 12, 2006, which was filed with all Involved Agencies, including the Rye Brook Planning Board as required by law; and WHEREAS, on October 26, 2006, the Rye Brook Planning Board opened a public hearing regarding the wetlands and steep slopes permit applications at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on June 28, 2007; and July 26, 2007 Planning Board Minutes 12 of 22 July 26, 2007 Planning Board Minutes Approved WHEREAS, the Rye Brook Planning Board reviewed comments from the public and interested agencies, information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant and Village staff regarding disturbance of wetlands, wetland buffers and steep slopes, proposed mitigation for impacts to steep slopes, wetlands and wetland buffers, the site plan, storm water management, erosion and sediment control, zoning, and construction management. NOW THEREFORE BE IT RESOLVED, that the Planning Board of the Village of Rye Brook, acting as an Involved Agency, hereby adopts the attached Findings Statement dated July 26, 2007, as amended. J.•I DOCSZ I SOOT Kve Brook1538.153X&M Bowman Ave.PB findings.res.mtm.ak.DOC Chairman Zuckerman moved to the resolution approving the application for wetlands and steep slopes. The Chairman asked for resolution to be read prior to discussion. Mrs. Mohamed read the resolution into the minutes: Chairman Zuckerman asked for a motion on the resolution. A motion was made by Mr. Grzan and seconded by Mrs. Fredman. Mr. Grzan expressed concerns with the last comment in the resolution and does not believe it should be included. It was included in the Resolution passed by the Board of Trustees and he felt it should not be in this resolution. This has to do with the fees due to the Village from the Applicant. Mr. Ward Willis stated it is a requirement per Village Code and should be in the resolution. Chairman Zuckerman stated that this condition should be included in all future approval resolutions. There was further discussion on the resolution. Chairman Zuckerman asked Mr. Nowak to call the roll for approval of the resolution. Mr. Accurso No Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes July 26, 2007 Planning Board Minutes 13 of 22 July 26, 2007 Planning Board Minutes Approved Chairman Zuckerman Yes Motion carries July 26, 2007 APPROVED RESOLUTION APPROVING APPLICATIONS FOR WETLANDS AND STEEP SLOPES PERMITS SUBMITTED BY K&M REALTY GROUP, LTD. FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 141, BLOCK 26, LOTS 1-1 and 1-1.1 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Village of Rye Brook Planning Board received applications from K&M Realty Group, Ltd. (the "Applicant") for Wetlands and Steep Slopes Permits to construct ten attached (10) residential units on a parcel of real property and an offering by the Applicant to develop and dedicate a portion of the parcel to the Village of Rye Brook for use as a public park; and WHEREAS, the +/-4.039-acre property, consisting of upland areas known as the "Peninsula" and the "Strip" and approximately 1.67 acres of open water is located on the south side of Bowman Avenue, approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District and the Scenic Roads Overlay District, in the Village of Rye Brook, New York, shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps (the "Site" or"Property"); and WHEREAS, on or about June 25, 1996, the Village Board of Trustees determined the action to be Unlisted pursuant to the New York State Environmental Quality Review Act("SEQRA"), 6 NYCRR Part 617 and resolved to be Lead Agency for review of the Proposed Action; and WHEREAS, the Rye Brook Planning Board, as approval authority for the wetlands and steep slopes permits required by the Village Code is an Involved Agency to the environmental review of the proposed action pursuant to SEQRA; and WHEREAS, the Village Board of Trustees acting as Lead Agency for review under SEQRA determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a July 26, 2007 Planning Board Minutes 14 of 22 July 26, 2007 Planning Board Minutes Approved Positive Declaration on or about June 25, 1996 and requiring the submission of a Draft Environmental Impact Statement (DEIS); and WHEREAS, the Lead Agency, adopted Findings regarding the environmental review and the Revised Mitigation Plan on December 12, 2006, which was filed with all Involved Agencies, including the Rye Brook Planning Board as required by law; and WHEREAS, on October 26, 2006, the Rye Brook Planning Board opened a public hearing regarding the wetlands and steep slopes permit applications at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on June 28, 2007; and WHEREAS, the Applicant submitted preliminary plans for the Rye Brook Planning Board's review with the understanding that these preliminary plans may require modification as field conditions dictate and such modifications will occur to the satisfaction of the Village Engineer and/or consultants; and WHEREAS, the Rye Brook Planning Board reviewed comments from the public and interested agencies, information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant and Village staff regarding disturbance of wetlands, wetland buffers and steep slopes, proposed mitigation for impacts to steep slopes, wetlands and wetland buffers, the site plan, storm water management, erosion and sediment control, zoning, and construction management, and the Applicant revised the plans according to the recommendations; and WHEREAS, the Planning Board understands that the Village Board of Trustees originally found in its December 12, 2006 Findings Statement that the Applicant must install three (3) additional parking spaces on the Peninsula, but after further consideration by the Board of Trustees, it was determined that additional open space was preferred and the Board of Trustees is now requiring the Applicant to land bank an additional two (2) spaces to be built at a later date should it be found necessary by the Village; and WHEREAS, the Rye Brook Planning Board is familiar with the site and all aspects of the project; and WHEREAS, the Rye Brook Planning Board adopted Findings regarding the environmental review and the Revised Mitigation Plan on July 26, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board, for the reasons stated herein, hereby approves a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit to construct ten attached (10) residential units on the Peninsula and develop the Strip for use as a public park on the property shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps, as depicted on the following drawing set titled "Site Plan Approval July 26, 2007 Planning Board Minutes 15 of 22 July 26, 2007 Planning Board Minutes Approved Drawings, Bowman Avenue Development" prepared by John Meyer Consulting, PC, Armonk, New York: ]. Engineer's Plans,prepared by John Meyer Consulting P.C., Armonk,NY: Sheet No. Sheet Title Dated M-1 Site Development Area 4/07/06 Rev. 5/30/07 M-2 Existing Conditions & Wetland Delineations 4/07/06 Rev. 1/11/07 M-2A Overall Site Plan 1/10/07 Rev. 5/30/07 M-3 Layout Plan 4/07/06 Rev. 6/07/07 M-3A Layout Plan (Strip) 5/30/07 Rev. 6/07/07 M-4 Grading Plan 4/07/06 Rev. 6/07/07 M-4A Grading Plan (Strip) 5/30/07 Rev. 6/07/07 M-5 Utilities Plan 4/27/06 Rev. 6/07/07 M-6 Sediment&Erosion Control& Water Quality Mitigation Plan 4/07/06 Rev. 6/07/07 M-6A Sediment&Erosion Control& Water Quality Mitigation Plan 5/30/07 Rev. 6/07/07 M-7 Landscaping Plan 4/07/06 Rev. 5/18/07 M-7A Landscaping Plan (Strip) 5/30/07 Rev. 6/07/07 M-7B Lighting Plan 4/07/07 Rev. 5/18/07 M-8 Site Details 4/07/06 Rev. 2/08/07 M-9 Site Details 4/07/06 Rev. 2/08/07 M-10 Site Details 4/07/06 Rev. 3/08/07 M-11 Site Details 4/07/06 Rev. 2/08/07 M-12 Site Details 12/06/06 Rev. 4/18/07 M-13 Utility Profiles 2/08/07 M-14 Health and Safety Misc. Figures 3/07/07 2. Architect's Plans, prepared by John Meyer Consulting P.C., Armonk, NY: Sheet No. Sheet Title Dated A-1 Schematic Plan 12/06/06 Rev. 3/08/07 A-2 Schematic Plan 12/06/06 Rev. 3/08/07 BE IT FURTHER RESOLVED, that the Permit to Perform Regulated Activities in a Wetland and Steep Slopes Work Permit approvals shall be subject to the following requirements and conditions: 1. A copy of this resolution shall be attached to the building permit application and any and all certificates of occupancy. 2. Conditions of approval for issuance of a steep slopes work permit and wetlands permit for development on the Peninsula: July 26, 2007 Planning Board Minutes 16 of 22 July 26, 2007 Planning Board Minutes Approved a. Provision of a final storm water management plan to the satisfaction of the Village Engineer and/or consultants. b. Provision of a final erosion and sediment control plan to the satisfaction of the Village Engineer and/or consultants. c. Provision of a final, detailed monitoring and maintenance plan, including an integrated pest management plan, for all landscape, wetland buffer and steep slope plantings to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to implement and maintain an integrated pest management plan, inspect, maintain, repair and replace any and all landscape, wetland buffer plantings and steep slopes plantings to comply with the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer and/or consultants. d. Provision of a final, detailed monitoring and maintenance plan for all storm water management facilities to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all storm water management structures and appurtenances in accordance with the approved plans to insure the proposed storm water management facilities function to the standards and objectives of the Village of Rye Brook storm water management ordinance and to the satisfaction of the Village Engineer and/or consultants. e. Provision of a final, detailed monitoring and maintenance plan for all steep slope rip-rap or other stabilization construction to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and be responsible for monitoring and maintaining the stability of steep slopes on the property to the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer and/or consultants. £ The monitoring and maintenance of all facilities required by the conditions of this resolution that are to be the responsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan or home owners association charter, subject to the approval of the Village Attorney. g. Provision of a final construction management plan for the entire site prior to granting of a building permit that includes specific times and routes for trucks carting material to and from the site, including potential truck routes, July 26, 2007 Planning Board Minutes 17 of 22 July 26, 2007 Planning Board Minutes Approved number of trucks, number of trips, dust and noise mitigation measures and coordination with the Middle School schedule for approval by the Village Engineer, fire, and police services and any other consultants determined to be necessary by the Village Engineer. Work shall be staged to minimize the number of trucks present at the site at any one time. h. Use of a turbidity curtain during construction and/or any other method or methods determined to be necessary by the Village Engineer, consultants or other approving agencies, to prevent migration of silt into the water environment surrounding the site. i. No activity of any type shall be permitted on rip-rap steep slopes, except for required maintenance. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board. j. Construction of docks or any other structures extending into the watercourse or pond shall be prohibited. 3. Conditions of approval for issuance of a steep slopes work permit and wetland permit for development on the Strip: a. To mitigate disturbance and loss of buffer on the Strip plantings consisting of a mix of at least three species of native shrubs located in naturalistic groupings at the water edge and up to a total of 20 deciduous trees of no less than 4 inches caliper and mixed native species, and evergreen tree species of no less than seven feet in height located in naturalistic groupings shall be installed on the Strip. The number, locations, sizes and species of trees shall be to the satisfaction of the Village Engineer and planning consultant(s). b. Provision of a final tree protection and preservation plan to the satisfaction of the village engineer and/or consultants. BE IT FURTHER RESOLVED, that the Applicant shall comply with all conditions of the Board of Trustees Site Plan Approval Resolution dated July 24, 2007 and its December 12, 2006 Findings Statement, except as otherwise stated herein, and any required mitigation set forth therein; and BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. J.IDOCS2150WRye Brook1538.562X&M Bowman Avenue site plan.PB.wetland and steep slopes permits approval.res as approved.v5.ak.gs.mt7n.DOC July 26, 2007 Planning Board Minutes 18 of 22 July 26, 2007 Planning Board Minutes Approved Chairman Zuckerman stated that this project has been here for 13 years. He added that everyone is concerned with flooding and in all the years of review of this project there has been no evidence that it would increase flooding downstream. This was pointed out at the Board of Trustees meeting as well. He believes this project has been pursued with due diligence by both this Board and the Board of Trustees. Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 6. Site Plan review of an Application by David Robak on behalf of Mrs. Rusciano for a proposed addition to the rear of an existing single family dwelling and conversion of the single family dwelling to a two-family dwelling for the property listed as 52 Hillcrest Avenue, Rye Brook, NY, designated on the Tax Assessor's Map as Section 135.76, Block 1, Lot 11 in the R-2F Zoning District. • Considering a Resolution to Set the Public Hearing. The applicant addressed the Board and gave a brief overview of the project. Chairman Zuckerman stated that this matter is before this Board because it is a conversion of a one- family house to a two-family house and the Building Inspector has determined that a site plan review is required for this change because the applicant needs two additional parking spaces, and that is the basis of our jurisdiction here. In addition, variances are needed and this will also go to the Zoning Board of Appeals. The Chairman is also concerned that there is an existing attic that is being enlarged and that he would like its possible future use addressed at the appropriate time. Mr. Accurso asked if there is capacity now for four vehicles and the applicant responded yes, that they were only here because the Building Inspector required it. Chairman Zuckerman asked for Mrs. Mohamed to read the resolution setting the Public Hearing. Mrs. Mohamed read the resolution into the minutes: Chairman Zuckerman asked for a motion to approve the resolution as read and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes July 26, 2007 Planning Board Minutes 19 of 22 July 26, 2007 Planning Board Minutes Approved Mrs. Schoen Yes Chairman Zuckerman Yes Motion carries July 26, 2007 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 52 HILLCREST AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Maria Rusciano 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 addition to an existing single-family dwelling and change the use from one-family to two-family at 52 Hillcrest Avenue, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.76, Block 1, Lot 11 in the R2-F zoning district. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on August 16, 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 Short 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. July 26, 2007 Planning Board Minutes 20 of 22 July 26, 2007 Planning Board Minutes Approved Chairman Zuckerman called for the next item on the agenda: 7. Review of a local law referred to the Planning Board from the Board of Trustees for a Report and Recommendation regarding repeal of existing Chapter 130 of the Village Code entitled Flood Damage Prevention and adoption of a new Chapter 130. Mr. Carosi explained what this Law is and distributed a new draft of the Law that he believes is better written. This Law is a result of direction from the NYSDEC. The DEC along with FEMA has reviewed our Villages' law and because they are redoing all of the flood plain maps, the DEC suggests our law is due for an overhaul. They are enforcing this by tying the participation of the Village to the National Flood Insurance Program that is a federal program that allows people in flood prone areas to obtain flood insurance. This is a very important matter for residents of our community and Mr. Carosi strongly recommended that the Board adopt this legislation. The DEC has provided the Village with a model law and Mr. Carosi offered to go through the entire plan or just answer specific questions. There was discussion and several questions about the proposed legislation Chairman Zuckerman stated that the Board of Trustees has to approve this by September and suggested that the Board members read the revised draft and at the next Board meeting we can have a more informed discussion. He suggested that everyone get their comments in and let Mr. Carosi do what he has to do so we can reach the point where we can move this forward at the next meeting. Mr. Carosi stated that this does need to be approved at the next meeting because of time constraints. This is a model law and a lot of what is in here has a lot of technical detail and there is not too much that can be changed. Chairman Zuckerman suggested that the draft version be e-mailed because it would be easier to make the changes and get them back quickly. Chairman Zuckerman called for final item on the agenda. MINUTES 8. Approval of June 28, 2007 meeting minutes. Chairman called for a motion to approve the Minutes from the Planning Board meeting of June 28, 2007. On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: July 26, 2007 Planning Board Minutes 21 of 22 July 26, 2007 Planning Board Minutes Approved Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes There being no further business, Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Meeting adjourned at 9:58 PM. July 26, 2007 Planning Board Minutes 22 of 22