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HomeMy WebLinkAbout2007-08-16 - Planning Board Meeting Minutes August 16, 2007 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD MINUTES VILLAGE HALL, 938 KING STREET, RYE BROOK,NY 10573 August 16, 2007 — 8:00 pm ROLL CALL PUBLIC HEARING 1. Site Plan review of an Application by David Robak on behalf of Mrs. Rusciano for a proposed addition and conversion of a single-family dwelling to a two-family dwelling at 52 Hillcrest Avenue, Rye Brook, Section 135.76, Block 1, Lot 11 in the R-2F Zoning District. • Considering a Resolution closing the Public Hearing for 52 Hillcrest Ave. • Considering a Resolution approving the Site Plan for 52 Hillcrest Ave. NEW BUSINESS 2. Site Plan review of an Application by John G. Scarlato, Jr. on behalf of Mr. Montesano for an addition to the dwelling at 60 Valley Terrace, Rye Brook, Section 135.59, Block 1, Lot 49 in the R-7 Zoning District. • Considering a Resolution Setting a Public Hearing for 60 Valley Terrace. CONTINUED BUSINESS 3. Review of a local law regarding Chapter 130 of the Village Code entitled Flood Damage Prevention. • Considering a Resolution for Referral and Recommendation to the Board of Trustees regarding Chapter 130 entitled Flood Damage Prevention. MINUTES 4. Approval of July 26, 2007 meeting minutes. DISCUSSION ITEMS Planning Board Minutes 1 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved PRESENT BOARD Mrs. Amy Schoen Mr. Dominick Accurso Mr. Bill Laufer Mr. Warren Agatston Mr. John Grzan Chairman Gary Zuckerman EXCUSED Mrs. Michele Fredman STAFF Mrs. Marilyn Timpone-Mohamed, Village Consultant 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 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: PUBLIC HEARING 1. Site Plan review of an Application by David Robak on behalf of Mrs. Rusciano for a proposed addition and conversion of a single-family dwelling to a two- family dwelling at 52 Hillcrest Avenue, Rye Brook, Section 135.76, Block 1, Lot 11 in the R-2F Zoning District. • Considering a Resolution closing the Public Hearing for 52 Hillcrest Ave. • Considering a Resolution approving the Site Plan for 52 Hillcrest Ave. Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Planning Board Minutes 2 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved Mr. Robak, Architect for the applicant, addressed the Board, giving a brief overview of the project. Mrs. Mohamed addressed the Board. She discussed the zoning variances required and noted proposed changes to the impervious surface coverage area resulting from the addition of a 40 square foot walkway at the rear of the residence located to allow access for residents of the second floor apartment. She stated that her previous comments had been satisfied. She also stated that the erosion and sediment control plan and storm water management plan were reviewed by Mr. Carosi and found to be satisfactory. Mr. Carosi confirmed this fact to the Board. Mr. Agatston asked if the additional impervious surface would cause a problem or change in the storm water management plan. The project architect responded that the dry wells accounted for the increase. Mr. Carosi noted the storm water management plan proposed by the applicant was adequate. There being no additional comments from the Board or the Public, Chairman Zuckerman 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. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman asked if there was any opposition to having the vote on the application and advancing it on the agenda. The Board agreed to vote on the resolution and Chairman Zuckerman asked for the resolution to be read. Mrs. Kandel read the resolution into the minutes. Chairman Zuckerman asked for a motion to approve the resolution as read. A motion was made by Mr. Agatston and seconded by Mr. Grzan. Chairman Zuckerman asked for Mr. Carosi to call the roll to approve the resolution. Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Planning Board Minutes 3 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved August 16, 2007 APPROVED RESOLUTION APPROVING A SITE PLAN TO CONSTRUCT AN ADDITION TO AN EXISTING HOME AT 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; 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. Topographic Property Survey, dated January 16, 2007, prepared by John J. Muldoon, Tarrytown, NY 5. Architect's Plans, prepared by Robak Architecture, L.L.C., Irvington, NY: Sheet Number Sheet Title Dated CS-100 Cover Sheet 8/07/07 5-100 Site Plan, Area Map, Zoning Data 8/07/07 5-101 Erosion Protection 8/07/07 A-101 First Floor Plan 8/07/07 A-102 Attic Plan 8/07/07 A-200 Front and Rear Elevations 8/07/07 A-201 Right and Left Elevations 8/07/07; and WHEREAS, the Planning Board of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type II Action requiring no additional review under SEQRA; and Planning Board Minutes 4 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved 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 plans were revised according to the comments; and WHEREAS, the residence and site plan, as proposed, would require the following variances for approval of the site plan: 1. A 9.5-foot variance from the minimum front yard requirement of 20 feet for the frontage on Irenhyl Avenue; 2. A three-foot variance from the required 30-foot rear yard; 3. A 606 square-foot variance from the maximum gross floor area of 2074 square feet; 4. A 248 square-foot variance from the maximum impervious surface coverage of 2,550 square feet; 5. A 1.2 variance from the required front height/setback ratio of 1.2 for the frontage on Irenhyl Avenue; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on August 16, 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 August 16, 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 construction of an addition to an existing single-family dwelling to change the use from one-family to two-family at 52 Hillcrest Avenue subject to the following conditions: 1. Granting of all required variances by the Village Zoning Board of Appeals; 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; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded to the Village Zoning Board of Appeals upon approval. Planning Board Minutes 5 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved Chairman Zuckerman called for the second item on the agenda: NEW BUSINESS 2. Site Plan review of an Application by John G. Scarlato Jr. on behalf of Mr. Montesano for an addition to the dwelling at 60 Valley Terrace, Rye Brook, Section 135.59,Block 1,Lot 49 in the R-7 Zoning District. • Considering a Resolution Setting a Public Hearing for 60 Valley Terrace. Mr. Scarlato, Architect for the applicant, addressed the Board. He discussed the concept plans for the proposed home addition. He noted that only adding an addition was not going to give the applicants the home they desired because the existing rooms are too small.. After considering the options, the applicant has chosen to teardown the existing home to the foundation to improve the interior layout. Variances would be required, as the plan is proposed, for the side yard setbacks as the intention is not to remove any part of the foundation. In addition, a variance for impervious surface coverage is required, as the plan is proposed, because of a long driveway that extends beyond the house to the rear of the lot where the garage is located. Chairman Zuckerman asked about the storm water management plan. Mr. Carosi responded that the storm water management plan was reviewed and is adequate. Mr. Laufer asked about a discrepancy in the gross floor area between the plans and application papers. Mr. Scarlato explained it was due to the changes in the plans and that the discrepancy was corrected on the new plans submitted. Mr. Accurso reiterated that the application is for a tear down and asked about the variances being sought. Mr. Scarlato responded the 2.5-foot side-yard variance is needed due to the location of the proposed chimney. The other variances required are the total of two side yards, maximum gross floor area and impervious surface coverage. He added that the impervious surface coverage of the project is approximately 640 square feet greater than the total impervious surface coverage requirements. Mr. Accurso asked about the bump out in the driveway located in the front yard. Mr. Scarlato explained it was a turn around area and it could be looked at again if the Board would like to see less impervious surface coverage. Mr. Accurso stated that because the project is a teardown, the applicant and the architect have a clean slate to work with and , did not believe the project should be designed to require area variances for approval. Chairman Zuckerman agreed with Mr. Accurso and urged the applicant and the architect to work with the Village's professional staff to minimize the variances required. Mr. Agatston agreed and also suggested most of the new space should be added at the back of the existing foundation foot print where the rear yard is large enough to accommodate Planning Board Minutes 6 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved it, the driveway should be narrowed to reduce impervious surface coverage and the location of the chimney should be reconsidered. Mr. Scarlato responded that the foundation was not going to be moved. He added he would take another look at the tear down issue and the location of the chimney. Mrs. Mohamed stated, from the point of view of the site plan, it is better to create a building footprint that fits the shape and size of a lot. She added that a wide house is appropriate for a wide building lot, not a narrow one, agreeing that the applicant should reconsider the design to propose a home that is appropriate for a narrow lot. Chairman Zuckerman asked for a motion to approve the resolution setting the public hearing and a motion was made by Mrs. Schoen and seconded by Mr. Grzan. Chairman Zuckerman asked Ms. Mohamed to read the resolution to schedule a public hearing. Chairman Zuckerman asked for comments on the resolution as read. No comments were noted. He asked for the roll to be called to approve the resolution: Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. August 16, 2007 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 60 VALLEY TERRACE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, John G. Scarlato, Jr. has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code on behalf of the owner, Richard Montesano, requesting site plan approval to construct a new dwelling at 60 Valley Terrace, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.59, Block 1, Lot 49 in the R-7 zoning district. Planning Board Minutes 7 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on September 27, 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. Chairman Zuckerman called for the third item on the agenda: CONTINUED BUSINESS 3. Review of a local law regarding Chapter 130 of the Village Code entitled Flood Damage Prevention. • Considering a Resolution for Referral and Recommendation to the Board of Trustees regarding chapter 130 entitled Flood Damage Prevention. Chairman Zuckerman asked Mr. Carosi if all comments from the Board had been incorporated into the resolution. Mr. Carosi responded that no comments were received prior to tonight's meeting. Mr. Carosi gave a brief overview of the proposed local law. He explained that NYSDEC and FEMA reviewed the older model law on which the Village's current flood control law was based, recommending that the older law be repealed and the proposed local law be adopted. The bulk of the proposed legislation is based on the model law issued by the NYSDEC. Mr. Agatston asked about the new FEMA maps and how residents will have access to them to determine if they are in a flood zone or not. Mr. Carosi explained that as the new maps come online, they will be available for review by the Public through either the website or on paper. Mr. Agatston asked if this fact should be included in the proposed local law to tell people how and where they can view the maps and Mr. Carosi explained there is a section in the proposed local law that already includes this information. Mr. Laufer asked what this law means to a person who is in a flood zone. Mr. Carosi responded that flood insurance is available to residents residing in a designated flood zone through the federal government. He noted that the new legislation adds additional Planning Board Minutes 8 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved design standards above those currently in the code that must be incorporated into a building or a new home or when making renovations to an existing home. The intent of the design standards is to reduce or prevent future damage from flooding for residents in these zones. Mr. Zuckerman stated that basically, FEMA is saying that if you want the flood insurance, you have to construct or reconstruct based on our standards per this new code. Mr. Carosi added that this is not retrofitting; it is only if renovations are done or if reconstruction is needed. There was discussion between Mr. Accurso and Mr. Carosi regarding the stated objectives of the law and wording. Mr. Accurso suggested modifying the existing wording in the objectives section of the proposed local law. The Board agreed and asked Mrs. Kandel to incorporate the suggested revised language into the proposed local law. No further comments were noted. Chairman Zuckerman asked Mrs. Kandel to read the resolution into the minutes. Chairman Zuckerman asked for a motion to approve the resolution as read. On a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes The motion carried. August 16, 2007 APPROVED RESOLUTION CONCERNING A LOCAL LAW CREATING A NEW CHAPTER 130, FLOOD DAMAGE PREVENTION, OF THE CODE OF THE VILLAGE OF RYE BROOK VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Board of Trustees is considering repealing existing Chapter 130 of the Code of the Village of Rye Brook and adopting a local law to create a new Chapter 130, Flood Damage Prevention; and WHEREAS, the proposed local law text is attached to this resolution; and Planning Board Minutes 9 of 10 August 16,2007 August 16, 2007 Planning Board Minutes Approved WHEREAS, the proposed local law was referred to the Planning Board by the Board of Trustees for review and comment; and WHEREAS, the Planning Board discussed the local law at public meetings on July 26, 2007 and August 16, 2007 at which time members of the public were given an opportunity to comment and members of the Planning Board directed the Village staff and consultants to make revisions and modifications. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby recommends adoption of the proposed local law as revised by the Village consultants and refers the proposed local law, with suggested text amendments recommended at the meeting, back to the Board of Trustees for action. Chairman Zuckerman called for the last item on the agenda: MINUTES 4. Approval of July 26,2007 meeting minutes. Chairman Zuckerman asked for a motion to approve the minutes of July 26, 2007. On motion by Mrs. Schoen and seconded by Mr. Grzan, the roll was called: Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. There being no further business, Chairman Zuckerman asked for a motion to adjourn tonight's meeting and on a motion made by Mr. Agatston and seconded by Mr. Grzan, the roll was called: Mr. Laufer Yes Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Meeting adjourned at 9:14 PM Planning Board Minutes 10 of 10 August 16,2007