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HomeMy WebLinkAbout2007-09-06 - Planning Board Meeting Minutes September 6,2007 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD MINUTES VILLAGE HALL, 938 KING STREET, RYE BROOK,NY 10573 SEPTEMBER 6, 2007 ROLL CALL PUBLIC HEARING NEW BUSINESS 1. Review of a Site Plan Application by Gary Spilatro, Architect, on behalf of Mr. and Mrs. Wechsler, for the teardown of an existing single family dwelling and construction of a new single family dwelling on the property located at 44 Country Ridge Drive, Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 15 in the R-15 Zoning District. • Considering a Resolution to Set the Public Hearing MINUTES 2. Approval of August 16, 2007 meeting minutes. DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS September 27, 2007 and October 11, 2007. -1- September 6,2007 Planning Board Minutes Approved PRESENT BOARD Mrs. Michele Fredman Mr. Dominick Accurso Mr. Bill Laufer Mr. Warren Agatston Mr. John Grzan Chairman Gary Zuckerman EXCUSED Mrs. Amy Schoen STAFF Mrs. Marilyn Timpone-Mohamed, Village Consultant Mrs. Amanda Kandel, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Trustee Joan Feinstein, Village Board Liaison Ms. Shari Melillo, Planning Board Secretary Chairman Zuckerinan 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: NEW BUSINESS 1. Review of a Site Plan Application by Gary Spilatro, Architect, on behalf of Mr. and Mrs. Wechsler for the teardown of an existing single family dwelling and construction of a new single family dwelling on the property located at 44 Country Ridge Drive, Rye Brook, NY, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 15 in the R-15 Zoning District. • Considering a Resolution to Set the Public Hearing Mrs. Kandel addressed the Board explaining that, during the course of constructing an addition to the home, the existing building was torn down as defined by the Village Code. As a result of the "tear down," the Building Inspector appropriately issued a Stop Work order for failure to obtain a demolition permit and for performing work outside the scope of the building permit. Also as a result, the project now requires review by the Planning -2- September 6,2007 Planning Board Minutes Approved Board pursuant to §209-1(B)(1). In addition, the scope of work significantly changed beyond that allowed by the building permit. In November 2006 the applicant applied for, and the Zoning Board of Appeals granted, a side yard variance and a gross floor area variance for the proposed addition at issue. In 1962, however, the then owner of the house took out a building permit to build a garage addition. According to the building department records the garage should have been built 15 feet 2 inches away from the side lot line. When the applicant submitted their most recent survey of the property it was discovered that the garage extension was actually built 13.5 feet away from the side lot line and no variance was ever granted for the structure. Therefore, it has been determined that the house, prior to the tear down, was an illegal non-conforming structure and cannot be built as it was without first obtaining a variance. Mr. Accurso asked if the application is now a clean slate and Mrs. Kandel responded that, with respect to the location of the house prior to the tear down, it definitely was, and the Planning Board may require the applicant to conform to the Zoning Code. In addition, the variances granted by the Zoning Board of Appeals in November 2006 are questionable because the Zoning Board did not have all the facts regarding the illegal non-conformity of the building. The issue will need to be researched further. The variances will expire this November(after one year)potentially making the issue moot. Mr. Anthony Gioffre of Cuddy& Feder, Attorney for the applicant, addressed the Board. He stated that there were a lot of rumors circulating about the project and he wanted the Board to know that the Wechsler's would have preferred to construct an addition instead of tearing down the existing house because of the extra cost involved. He wanted it noted that there was no deception on their part regarding the tear down. Chairman Zuckerman stated that the Planning Board was aware of the facts and circumstances and the Planning Board will appropriately review the planning issues. Mr. Gioffre addressed the site plan issues brought up in Mrs. Mohamed's memo and believed that all the issues could be addressed. As the plan is currently proposed, the rear corner of the proposed building, which was a noted concern, would be located 13.1 feet away from the side lot line because of a clerical error in an earlier survey used to create the drawings for the 2006 exterior building permit application for which the side yard variance was granted. This would require a new variance from the Zoning Board, since the required side yard variance was originally thought to be 1.5 feet, but because of the clerical error, an additional variance of 0.4 feet will be required. Mr. Gioffre stated that the Zoning Board did agree that the additional 468 feet of gross floor area requested by the earlier application was in character with the neighborhood. Mr. Gioffre added that the recommendations regarding adding two trees to the planting plan because two trees would be removed would be complied with. Mrs. Fredman asked if a permit was granted to remove the trees in question and Chairman Zuckerman answered that one tree is almost dead and the other was removed -3- September 6,2007 Planning Board Minutes Approved for construction under the original building permit. Mr. Carosi responded that Chairman Zuckerman was correct; both trees were covered under the original approved building permit. Mr. Gioffre requested that the Board schedule the Public Hearing for next month and was confident all issues would be addressed by then. Mr. Grzan asked about the foundation on the northeast side of the house. He asked if it will be used or taken down and rebuilt. Mr. Gioffre responded that they were not sure yet but it may be structurally necessary to remove the existing foundation. However, he believed economics would control the Wechsler's' choices. Mr. Agatston stated he would like to see the new house conform to the side yard requirements with no need for a variance, if the November 2006 side yard variance is not binding. Chairman Zuckerman stated that the believed the Planning Board would like to see a code compliant side yard. He felt the major concern is the size of the side yard. Mr. Gioffre said he understood the Board's concerns. Mr. Grzan stated that if the application is a clean slate and a teardown, he also has concerns about the additional gross floor area requested. Mr. Accurso stated that if the variances already granted are not binding, he would also like to see the new building conform to all zoning requirements. Mr. Carosi addressed the Board and discussed the proposed storm water management plan and the sediment and erosion control plan. He explained that there are some minor issues being discussed by his office and the applicant's consultants. Currently, the applicant proposes three dry wells to control storm water. He calculates five to be needed, but reserves final determination until after the house design is agreed upon. The overall design approach is correct, but needs tweaking. He is comfortable that the design approach is satisfactory and a final approvable plan can be achieved. The sediment and erosion control methodology is appropriate and only needs a few minor adjustments. Chairman Zuckerman asked Mrs. Mohamed to read the resolution setting the Public Hearing for October 11, 2007. Chairman Zuckerman asked for a motion on the resolution. A motion was made by Mrs. Fredman and seconded by Mr. Agatston. A discussion of the resolution and proposed action ensued. -4- September 6,2007 Planning Board Minutes Approved Mr. Laufer asked if the public was being given enough notice by setting the public hearing date a month from now. Chairman Zuckerman answered that he believed there was adequate time. Mr. Laufer stated he was not confident there was enough time. Mr. Grzan felt that if the earlier variances are not binding, it is conceivable that the applicant would submit completely different plans and there could be too many unknown issues regarding the new design. Therefore, although he would like to set a date for the Public Hearing, he is not comfortable doing it before the Board knows the status of the earlier variances. Chairman Zuckerman stated that plans were submitted and the purpose of this meeting, in addition to setting the Public Hearing, is to give the applicant guidance on how the Board would like to see the applicant proceed. Chairman Zuckerman felt that the Board has given proper guidance to the applicant and the application is complete. If, at the Public Hearing, the Board is not satisfied with the plans, it can be adjourned until satisfactory plans are provided. If the Board doesn't call for a Public Hearing now, at the next meeting the Board will be discussing basically the same plan and a public hearing will still need to be set. Mr. Agatston agreed. He said that if the application is complete, then the Public Hearing can be scheduled and, if need be, it could be adjourned. Mrs. Fredman suggested that delaying the Public Hearing might help to ease the applicant's financial concerns because they would not come back over and over again if it becomes necessary to adjourn the public hearing. Mr. Gioffre stated that the family does not have a home to live in so they respectfully request that the Public Hearing be scheduled for next month. Chairman Zuckerman called for a vote on the resolution setting the Public Hearing: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan No Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. -5- September 6,2007 Planning Board Minutes Approved September 6, 2007 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 44 COUNTRY RIDGE DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Stuart and Stacey Wechsler have made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code for site plan approval to construct a new residence located at 44 Country Ridge Drive, Rye Brook, New York, designated on the Tax Assessor's Map as Section 129.59, Block 1, Lot 15. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on October 11, 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 next item on the agenda: MINUTES 2. Approval of August 16, 2007 meeting minutes. Chairman Zuckerman asked for a motion to approve the Minutes from the Planning Board meeting of August 16, 2007 and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the roll was called: -6- September 6,2007 Planning Board Minutes Approved Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman asked for a motion to adjourn the meeting and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Meeting adjourned at 8:38pm -7-