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Home My WebLink About2008-01-10 - Planning Board Meeting Minutes January 10, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday January 10, 2008 - 8:00 p.m. ......................................................................... ROLL CALL NEW BUSINESS 1. Site Plan review of an application by Walter G. Nestler for proposed Construction of an in-ground pool and spa for Wetlands and Steep Slopes Work permits for the property listed as 43 Meadowlark Road, Rye Brook, N.Y. designated on the Tax Assessor's Map as Section 129.84, Block 1, Lot 9 in the R-20 Zoning District. • Considering a Resolution to schedule a Public Hearing. PUBLIC HEARINGS RESOLUTIONS MINUTES 2. Approval of the November 17, 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 January 24, 2008 and February 14, 2008 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 Page 1 of 5 January 10, 2008 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 Planning Consultant Mrs. Amanda Kandel, Village Counsel Mr. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak, Jr. Village Engineer 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. Additionally, Chairman Zuckerman made note for the public that the 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: NEW BUSINESS 1. Site Plan review of an application by Walter G. Nestler for proposed Construction of an in-ground pool and spa for Wetlands and Steep Slopes Work permits for the property listed as 43 Meadowlark Road, Rye Brook, N.Y. designated on the Tax Assessor's Map as Section 129.84, Block 1, Lot 9 in the R-20 Zoning District. Mr. Nestler, Architect for the applicant, addressed the Board and made note of having received the comments from F.P. Clark and Mr. Carosi, Village Engineer. He noted that the recommended changes would be addressed by revision of the plan. Mr. Nestler then gave a brief overview of the project. He described how the existing brook bisects the property and further how the brook is in a heavily wooded area of the property that is not used. He added that there is also an easement at the far end of the property for a power line. Page 2 of 5 January 10, 2008 Planning Board Approved Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the Board. She discussed the proposed pool and the zoning of this parcel. She noted the pool conforms to Village regulations but the proposed pool and patio would create a large amount of additional impervious surface within the watercourse buffer. She briefly described the property and stream. The stream and a small portion of the wooded east buffer are separated from the rest of the back yard by a fence. The rest of the back yard is mostly planted with grass that is not growing properly because of the dense shade created by numerous trees. There is erosion of steep slopes in the rear yard because there are no plants on these slopes. The applicant proposes two 4-foot high retaining walls. Mrs. Timpone-Mohamed stated that the proposed pool and retaining wall construction should improve the conditions contributing to the erosion by eliminating the steep slope. Mrs. Timpone-Mohamed told the Board she requested the applicant provide calculation of the amount of new impervious surface coverage in the buffer, and that she suggests that the Board consider if the size of buffer area lost has been minimized to the greatest extent possible. Mrs. Timpone-Mohamed also described concerns that the tree survey and location map may not match what is observable on the property. She suggested additional screening on the eastern side of the property. She also suggested that the noise from the pool equipment might be a concern for the neighbors as it is located in the side yard in close proximity to the home on the adjacent lot. Mr. Carosi, Village Engineer, addressed the Board and stated that he reviewed the storm water management plan submitted by the applicant. The plan provides for a traditional method of storm water removal by "Cultec" re-chargers but that he is concerned because the installation of the rechargers will cause significant disturbance in the buffer zone. He told the Board he knows potential alternatives that may require less excavation and would like to discuss these with Mr. Nestler. Mr. Carosi also noted concern regarding construction access and requested the Board look at the issue more closely during the planned site visit. Chairman Zuckerman scheduled a site visit for Saturday, January 12th. Mr. Accurso asked Mr. Nestler to go over the revisions since made to the plans submitted with the site plan and Mr. Nestler explained the changes included the silt fencing, removal of an additional tree at the request of Mr. Carosi and the revised planting plan based on the recommendations of F.P. Clark. Mr. Grzan stated that he believes the impervious surface coverage information, because a large portion of the property is not used, presents differently on paper than how it presents in reality. He believes that all impervious surfaces should be excluded from the buffer zone and that the Board should address this issue in the future. Mr. Agatston agreed, adding that by limiting the intrusion of impervious surfaces into the buffer may eliminate flooding problems down stream. Mr. Zuckerman asked that the resolution calling for a public hearing on the matter be read. Mrs. Timpone-Mohamed read the resolution setting the Public Hearing for February 14, 2008. Page 3 of 5 January 10, 2008 Planning Board Approved Chairman Zuckerman called for a motion on the resolution and on a motion made by Mrs. Fredman and seconded by Mr. Agatston, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. January 10, 2008 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR WETLANDS AND STEEP SLOPES PERMITS FOR 43 MEADOWLARK ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Walter G. Nestler has made an application to the Village of Rye Brook on behalf of Mr. and Mrs. Wurtzel for approval of wetlands and steep slopes permits to construct an in-ground swimming pool at 43 Meadowlark Road, Section 129.84, Block 1, Lot 9 on the Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on February 14, 2008 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. Page 4 of 5 January 10, 2008 Planning Board Approved Chairman Zuckerman called for the next item on the agenda: MINUTES 2. Review of November 15, 2007 Minutes Chairman Zuckerman called for a motion to approve the minutes of November 15, 2007 and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned at 8:43. Page 5 of 5