HomeMy WebLinkAbout2007-10-11 - Planning Board Meeting Minutes October 11, 2007 Planning Board Approved
VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday October 11, 2007 - 8:00 p.m.
.........................................................................
ROLL CALL
PUBLIC HEARING
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 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.
• Consider a Resolution closing the Public Hearing.
• Consider a Resolution acting on the Site Plan Application.
NEW BUSINESS
2. Review of a local law regarding amendments to Chapter 250 of the Village Code
modifying off-street parking requirements for two-family homes, referred to the
Planning Board from the Board of Trustees for a Report and Recommendation.
MINUTES
3. Approval of the September 27, 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
October 25, 2007 and November 15, 2007.
Village Hall is fully accessible to the handicapped. Those who need special
arrangements should contact the Village Administrator's Office
ONE-WEEK IN ADVANCE OF A MEETING AT(914)939-1121
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October 11, 2007 Planning Board Approved
PRESENT
BOARD Mr. John Grzan
Mr. Warren Agatston
Mrs. Amy Schoen
Mrs. Michele Fredman
Mr. Bill Laufer
Mr. Domenic Accurso
Chairman Gary Zuckerman
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
LIASON Trustee Paul Rosenberg
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
noted that a complete set of Planning Board Rules and Procedures can be found on the
Village web site.
Chairman Zuckerman called for the first item on the agenda:
PUBLIC HEARING
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 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.
• Consider a Resolution closing the Public Hearing.
• Consider a Resolution acting on the Site Plan Application.
Chairman Zuckerman asked 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. Laufer Yes
Mr. Accurso Yes
Mr. Agatston Yes
Mr. Grzan Yes
Mrs. Fredman Yes
Mrs. Schoen Yes
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October 11, 2007 Planning Board Approved
Chairman Zuckerman Yes
Motion carried.
Mr. Gioffre of Cuddy & Feder, attorney for Mr. and Mrs. Wechsler, the property owners,
addressed the Board. He began by handing letters of support for the project obtained
from neighbors of the applicant to the Planning Board. Mr. Gioffre stated the Wechsler's
seek to reconstruct and enlarge the two-story single-family home on the site. A new plan
was submitted that conforms to the required 15-foot side yard setback eliminating the
need for a side-yard variance. He added that the project will still need an extension from
the Zoning Board of the existing variance from the allowable gross floor area because
the existing variance is set to expire on November 7, 2007.
Mrs. Mohamed addressed the Board. She stated that she reviewed the project, including
the most recent set of plans received that day. The revised plans address all her previous
concerns. Mrs. Mohamed explained to the Planning Board that the revised plans require
a gross floor area variance of 403.7 square feet, which is a reduction from the variance
previously granted by the ZBA in November 2006.
Mr. Nowak, Junior Village Engineer, addressed the Board stating that he reviewed the
project with the Village Engineer, who issued a memo stating that the revised plans
submitted October 11, 2007 were acceptable. The review included stormwater
management, sediment and erosion control and tree protection. He added that the plans
call for on-site stormwater retention for a 25-year storm.
Chairman Zuckerman asked for comments from the Board.
Mr. Accurso wanted confirmation that the only area variance required would be for the
gross floor area. Mr. Gioffre responded, confirming that was correct. Mr. Gioffre stated
that the variance required by the revised plans is less than the variance granted earlier by
the ZBA. However, the original variance of 468 square feet expires on November 7,
2007, so the Applicant will be appearing before the Zoning Board on November 6, 2007,
seeking an extension of the variance. Mr. Gioffre finished by stating that the Applicant is
only seeking to extend the variance of 403.7 square feet, which is the variance required
by the revised plans.
Chairman Zuckerman asked for comments from the public. No comments were given.
There being no further questions or comments, 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
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October 11, 2007 Planning Board Approved
Mrs. Fredman Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
Chairman Zuckerman asked if there was any objection from the Board to accelerating the
vote on the resolution and there being none Mrs. Kandel, Village Counsel, read the
resolution into the minutes.
Chairman Zuckerman asked for a motion on the resolution and a motion was made by
Mr. Agatston and seconded by Mr. Grzan.
Discussion on the resolution followed.
Mrs. Schoen had a concern regarding the use of the term "new residence" and believes it
should not be used because the Village Code does not yet define what constitutes "new
construction." Therefore, Mrs. Schoen asked that the terminology in the resolution be
changed to "reconstruct".
Mr. Accurso stated he believes there has been a long chain of events regarding this
application, which is missing from the resolution. A construction permit was issued and
subsequent events followed that he believes should be noted. He added that because there
are existing variances, the Applicant must go back before the Zoning Board. Therefore,
he feels there should be a notation in the resolution for the record regarding the chain of
events leading to the site plan approval. Chairman Zuckerman stated that the resolution
already contains sufficient information about the chain of events and he does not believe
it is necessary to add further information because it would overly complicate the
resolution. A majority of the Board concurred with Chairman Zuckerman.
Chairman Zuckerman asked for a motion to amend the original resolution to reflect Mrs.
Schoen's suggestion to change "new residence" to "reconstruction".
On a motion made 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. Fredman Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
Chairman Zuckerman asked for a motion to accept the resolution as amended and on a
motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called:
Page 4 of 9
October 11, 2007 Planning Board Approved
Mr. Laufer Yes
Mr. Accurso Yes
Mr. Agatston Yes
Mr. Grzan Yes
Mrs. Fredman Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
October 11, 2007 Approved
RESOLUTION
APPROVING A SITE PLAN TO RECONSTRUCT THE
RESIDENCE AT 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
reconstruct a 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; and
WHEREAS, the Planning Board reviewed the following plans and application
materials:
1. Revised Site Plan Application dated 9/20/07
2. Revised Short Environmental Assessment Form dated 9/20/07
3. Revised Exterior Building Permit Application dated 9/20/07
4. Zoning Variance Application (Approved 11/7/06)
5. Topographic Survey, dated August 7, 2007, prepared by Ward Carpenter
Engineers, Inc., White Plains,N.Y.
6. Revised Architect's Plans,prepared by Gary Spilatro, Architect, New Rochelle,
NY:
Sheet Number Sheet Title Dated
Sheet P1 Existing Survey, Zoning, General Notes 8/9/07 rev. 10/11/07
Sheet P2 Proposed Plot Plan, Schedule 8/8/07 rev. 10/11/07
Sheet P3 Erosion Plan and Details 8/8/07 rev. 10/11/07
Sheet P4 Landscape Plan and Schedule 8/8/07 rev. 10/11/07
Sheet P5 Drainage, Existing Utilities, Details 8/8/07 rev. 10/11/07
Sheet P6 Floor Plans and Field Conditions Plan 8/8/07 rev. 10/11/07
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October 11, 2007 Planning Board Approved
Sheet P7 Elevations 8/8/07 rev. 10/11/07
Sheet P8 FAR and Inclined Plane 8/8/07 rev. 10/11/07;
and
WHEREAS, 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
WHEREAS, the Village Planning Consultant, Village staff and the Planning
Board reviewed the information, submitted comments and made recommendations
regarding the site plan, zoning, landscaping, storm water management and erosion and
sediment control and the plans were revised according to the comments; and
WHEREAS, on November 7, 2006 the Rye Brook Zoning Board of Appeals
granted a 468 square-foot area variance from the maximum gross floor area of 3,446
square feet and a 1.5 foot side-yard setback area variance provided that construction
commenced within one year; and
WHEREAS, the Building Inspector has determined that construction has not yet
commenced and therefore the November 7, 2006 area variances, which are currently in
effect, are set to expire on November 7, 2007; and
WHEREAS, the residence and site plan, as proposed to the Planning Board,
reduces the 468 square-foot GFA area variance by 64.3 feet and eliminates the need for a
1.5 foot side yard setback area variance; and
WHEREAS, the Planning Board is familiar with the site and all aspects of the
project; and
WHEREAS, on October 11, 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, the Planning Board closed the
public hearing on October 11, 2007 and it was the consensus of the Planning Board to
make a determination on the subject application at the October 11, 2007 meeting.
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
reconstruction of a single-family dwelling at 44 Country Ridge Drive; 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; and
BE IT FURTHER RESOLVED, that a copy of this resolution shall be
forwarded to the Village Zoning Board of Appeals upon approval.
Page 6 of 9
October 11, 2007 Planning Board Approved
Chairman Zuckerman called for the next item on the agenda:
NEW BUSINESS
2. Review of a local law regarding amendments to Chapter 250 of the Village
Code modifying off-street parking requirements for two-family homes,
referred to the Planning Board from the Board of Trustees for a Report and
Recommendation.
Mrs. Kandel addressed the Board stating that the local law would amend the off-street
parking requirement for homes in the R2-F zoning district . Providing adequate off-street
parking for two-family residences is a concern of the Village. The zoning district
regulations currently require 2 spaces per dwelling unit. It is proposed to increase the
requirement to 5 spaces for every two-family home created subsequent to the adoption of
this local law.
The amended language troubled Mrs. Fredman because she believed that the proposed
law reads that 5 spaces are required for each family. She suggested the sentence be
rephrased to clarify the requirement so there would be no interpretation problems in the
future. After a brief discussion, the Board agreed to modify the language to eliminate
the potential ambiguity.
Additional language clarification concerning the use of the word "house" instead of
"dwelling," as is common elsewhere in the Code, were discussed and agreed on by the
Board. The Board also recommended an additional language change in paragraph G(1)(b)
to read current code requirements thereby removing ambiguity from the sentence.
Mrs. Kandel addressed the Board and explained that the text amendment in paragraph
L(2)(a) was simply to clarify that an applicant cannot average the space of the two floors
but rather must provide a minimum of 750 square feet per family dwelling unit.
There being no further discussion, Mrs. Kandel read the resolution into the minutes.
Chairman Zuckerman asked for a motion to accept the resolution and on a motion made
by Mr. Agatston and seconded by Mrs. Fredman, the roll was called:
Mr. Laufer Yes
Mr. Accurso Yes
Mr. Agatston Yes
Mr. Grzan Yes
Mrs. Fredman Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Page 7 of 9
October 11, 2007 Planning Board Approved
Motion carried.
October 11, 2007 Approved
RESOLUTION
RECOMMENDING APPROVAL OF A LOCAL LAW TO AMEND CHAPTER
250 OF THE ZONING CODE OF THE VILLAGE OF RYE BROOK AND
REFERRING SUCH LOCAL LAW BACK TO THE VILLAGE BOARD OF
TRUSTEES
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, the Planning Board and Building Department have recommended
that Chapter 250 of the Village Code be amended relating to off-street parking
requirements and minimum floor area requirements; and
WHEREAS, a local law has been proposed to amend Chapter 250, Zoning,
regarding parking requirements in the R2-F zone and minimum floor area requirements
per unit for conversion of an existing dwelling for use by more than one family; and
WHEREAS, the proposed local law was referred to the Planning Board by the
Board of Trustees on September 25, 2007 for review and comment; and
WHEREAS, the Planning Board discussed the local law at a meeting held on
October 11, 2007, and
WHEREAS, the proposed local law includes revisions based on comments from
the Planning Board.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the
Village of Rye Brook hereby recommends approval of the local law to amend Chapter
250 of the Code of the Village of Rye Brook regarding off-street parking and minimum
floor area requirements in the R2-F district as amended and refers the proposed local law
back to the Board of Trustees for action.
Chairman Zuckerman called for the final item on the agenda:
MINUTES
3. Approval of the September 27, 2007 meeting minutes.
The Board briefly commented on the improvement of the format of the minutes and the
shorter turn-around time for review and approval time as well.
Page 8 of 9
October 11, 2007 Planning Board Approved
Chairman Zuckerman asked for a motion to accept the minutes and 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. Fredman Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
Chairman Zuckerman noted there would be an un-televised public work session
following the meeting to discuss amending the tear down provisions in the Village Code.
He invited everyone to attend.
Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made
by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called:
Mr. Laufer Yes
Mr. Accurso Yes
Mr. Agatston Yes
Mr. Grzan Yes
Mrs. Fredman Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
Meeting adjourned at 8:47 PM into a public work session that adjourned at 9:50 PM.
Page 9 of 9