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HomeMy WebLinkAbout2008-02-28 - Planning Board Meeting Minutes February 28, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday February 28, 2008 - 8:00 p.m. ......................................................................... ROLL CALL PUBLIC HEARINGS OLD BUSINESS 1. Review of a Site Plan Application by Brian & Lorrie Funtleyder (Brad DeMotte, Architect) for the teardown of an existing single family dwelling and construction of a new single family dwelling on the property located at 13 Beechwood Boulevard, Rye Brook, NY, designated on the Tax Assessor's Map as Section 136.21, Block 1, Lot 38 in the R-25 Zoning District. • Considering a Resolution to set a Public Hearing. 2. Review of a Site Plan Application for report and recommendation by Cuddy and Feder on behalf of St. Mary's Cemetery, Steep Slopes Permit approval and approval of a modification to an Approved Site Plan for constructing an addition to the existing mausoleum at South Ridge Street and High Street, Rye Brook, NY, designated on the Tax Assessor's Map as Section 141.5 1, Block 1, Lot 1 in the R- 2F Zoning District. • Considering a Report and recommendation to The Board of Trustees NEW BUSINESS 3. Review of a Site Plan Application by John G. Scarlato 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 at the property located at 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 referring the Application to Zoning Board of Appeals for a determination 4. Review of a Site Plan Application by Reckson Associates Realty Corporation for proposed site plan amendment to the common areas at International Drive, Page 1 of 16 February 28, 2008 Planning Board Approved designated on the Tax Assessor's Map as Section 129.82, Block 1, Lot 1 in the OB- 1 Zoning District • Considering a Report and recommendation to The Board of Trustees MINUTES 5. Review and Approval of the January 24, 2008 Planning Board minutes. DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS March 13, 2008 and March 27, 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 2 of 16 February 28, 2008 Planning Board Approved PRESENT BOARD Mr. Domenic Accurso Mr. Warren Agatston Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman STAFF Mrs. Amanda Kandel, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak, Jr. Village Engineer Ms. Shari Melillo, Planning Board Secretary Mrs. Joan Feinstein, Village Board Liaison 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 website and announced that the public can now view the Planning Board meetings on streaming video via the Village website page. Chairman Zuckerman called for the first item on the agenda: OLD BUSINESS 1. Review of a Site Plan Application by Brian & Lorrie Funtleyder (Brad DeMotte, Architect) for the teardown of an existing single family dwelling and construction of a new single family dwelling on the property located at 13 Beechwood Boulevard, Rye Brook, NY, designated on the Tax Assessor's Map as Section 136.21, Block 1, Lot 38 in the R-25 Zoning District. Mr. Laufer, who owns the property adjacent to the subject property, recused himself from review of the application and voting on the matter. Chairman Zuckerman stated that at the previous meeting held on January 24t", the Board gave very specific directions to Mr. DeMotte and the applicant regarding what modifications to the site plan the Board, after review of the plans, believes are necessary to improve the plan and mitigate adverse impacts associated with the original plan so that a Public Hearing could be scheduled. However, the suggested modifications, including eliminating the necessity for a height set back ratio variance, adding the footprints and distances of adjacent homes to the plan and making sure that no other variances would be Page 3 of 16 February 28, 2008 Planning Board Approved necessary other than the front yard variance, were not done and remain issues of concern for the Board. He noted that although the circular driveway was eliminated, the new access drive would require a new curb cut and removal of an additional large tree. Chairman Zuckerman expressed concern that the plan was revised without consultation with the Village planning consultant or Village staff, which was requested by the Board. Chairman Zuckerman added that because the revised plan does not respond to the requests of the Board, a Public Hearing would not be scheduled at this time. Chairman Zuckerman advised the applicant that the matter would be adjourned until the applicant and the architect meet with Village staff and the consulting planner to devise a plan that will conform to the requirements of the Village code and the direction of the Planning Board. Mrs. Funtleyder, the property owner, was recognized and addressed the Board explaining that when she and her husband purchased the home, they were not aware that variances would be required to build the home they wanted. She added that the revised plan before the Board reduces the width of the home by 12-feet. Chairman Zuckerman responded that it would not be productive for the applicant to continue to come back before the Planning Board without consulting with Village staff so that the Applicant can understand what revisions would be required. Mr. Brian Funtleyder, co-applicant, addressed the Board stating that he viewed the last meeting on streaming video and it was his understanding that the Board wanted the plans altered to respond to their requests. He added that is what he believes was done. Mrs. Fredman suggested that the applicant and his consulting team review the rules and procedures on the website so they are prepared when they come back before the Board. In regard to the geothermal heating system proposed in the plan, Mrs. Fredman said she would be happy to view the geothermal video on behalf of the Board offered by the applicant because she would like to learn more about how it works. Mr. Grzan believes that the plan he reviewed was getting closer to what the Board requested, but it still needed work and he wants to help the applicant move forward. He too is very interested in the details of the geothermal heating system. Mr. DeMotte, the architect, addressed the Board, apologizing for any miscommunication or misunderstanding regarding meetings with the planner and staff. He explained that he had brought a further revised plan with him to the meeting that was based on comments in the last memo from F. P. Clark. He proceeded to give an overview of the new revisions that has not yet been reviewed by the Board, stating that 12-feet was taken out of the depth of the house to increase the front yard. Mr. Accurso asked what the floor-to-ceiling height of the basement would be and Mr. DeMotte responded it would be 10-feet. Mr. Accurso suggested that reducing the ceiling heights on all floors of the home would help to reduce the height and therefore the bulk of the home. Page 4 of 16 February 28, 2008 Planning Board Approved Mr. DeMotte questioned the inclusion of attic floor area in the calculation of the total gross floor area of the home Chairman Zuckerman asked if the applicant received an interpretation of the Zoning Code from the Building Inspector regarding calculation of gross floor area. Mr. DeMotte said he did. Chairman Zuckerman reminded Mr. DeMotte that the Planning Board does not have the authority to overrule the Building Inspector's interpretation that calculation of gross floor area must include attic floor area. Chairman Zuckerman explained further that if the applicant believes the Building Inspector's interpretation to be incorrect he could go before the Zoning Board of Appeals to appeal the code interpretation. Mrs. Mohamed addressed the Board, explaining that the contextual determination of a required front yard that is part of the R-25 zoning district applicable to the subject property was developed to provide front yards that would be compatible with existing yards in a neighborhood when existing neighborhood yards are larger than the minimum 45-foot front yard required by the district. She cautioned that granting an applicant any front yard variance in this neighborhood may set a precedent for future building applications when the varied front yard becomes the context, thereby generally reducing the front yard required at that time. Mrs. Mohamed also addressed the inclusion of attic floor space in the calculation of gross floor area, saying that inclusion of attic floor space is meant, along with other bulk regulations, to regulate the bulk of new homes. Mr. DeMotte explained new revisions, stating that the driveway was redesigned to use the existing curb cut and avoid the removal of a large tree recommended by Mrs. Mohamed in F.P. Clark's last memo. He also addressed the geothermal system, explaining it would be a horizontal system requiring a 70 x 100 square-foot clear area. It would be located under open lawn and the parking court and would require the removal of 6 trees; 3 of which were determined by an arborist to be in poor condition. Chairman Zuckerman asked if the Board, after seeing the newly revised plans, was willing to call for a public hearing. The majority of the Board responded in the affirmative. Chairman Zuckerman requested that the applicant meet with Village staff and the planning consultant to go over all the outstanding issues as soon as possible so that a complete set of revised plans complying with the Board's requests and locating the home to provide a 52.39-foot front yard can be submitted to the planning consultant and the Building Department no later than March 13th to put the application on the March 27th agenda for a Public Hearing. Mrs. Kandel read the resolution calling for a public hearing into the minutes. Chairman Zuckerman asked for a motion to accept the resolution setting the Public Hearing for March 27, 2008 and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Page 5 of 16 February 28, 2008 Planning Board Approved Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. February 28, 2008 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 13 BEECHWOOD BOULEVARD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Brian and Lorrie Funtleyder have made an application to the Village of Rye Brook for approval of a site plan to construct a new home and an in-ground swimming pool at 13 Beechwood Boulevard, Section 136.21, Block 1, Lot 38 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 March 27, 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. Chairman Zuckerman called for the next item on the agenda: 2. Review of a Site Plan Application for report and recommendation by Cuddy and Feder on behalf of St. Mary's Cemetery for Site Plan and Steep Slopes Approval and modification to an Approved Site Plan for constructing an Page 6 of 16 February 28, 2008 Planning Board Approved addition to the existing mausoleum at South Ridge Street and High Street, Rye Brook, NY, designated on the Tax Assessor's Map as Section 141.51, Block 1, Lot 1 in the R-2F Zoning District. • Considering a Report and recommendation to The Board of Trustees Mr. Daniel Laub of Cuddy & Feder, Attorney for the applicant, addressed the Board stating that the last time the application was before the Board was on May 10, 2007. Mr. Laub gave a brief overview of the project, consisting of an addition to the existing mausoleum of 7,914 square feet. Chairman Zuckerman noted that an issue regarding issuance of a Certificate of Occupancy for the property had been resolved and the Certificate of Occupancy was issued earlier in the month. The location of the oil tank was resolved by removing it from the plan. Chairman Zuckerman asked Mr. Carosi to explain his concerns regarding the construction management plan. Mr. Carosi explained that he wanted to address movement of excess material from the site, the size and type of trucks that would be used, utilization of flagmen for traffic control and safety, and the number of trucks expected to arrive to and leave from the site during the peak period and hours of construction. Mrs. Schoen asked about start and ending time of a construction day, suggesting that a start time of 8:00 am would be, in her opinion, a problem because South Ridge Street experiences heavy traffic at that time, which is the height of the morning rush hour. Mr. Laub stated that although the contractor for the project has not been selected yet, it is his understanding that soil would be excavated and removed from the site by approximately 6 to 8 trucks a day. He stated that more detailed information regarding all aspects of the construction management plan would be added after selection of a contractor and the plan is finalized for issuance of a Building Permit. Mr. Gioffre, of Cuddy & Feder, addressed the Board stating that the revised plans address Mrs. Mohamed's comments as well as those received from the Village staff and the concerns expressed by Mr. Carosi and Mrs. Schoen would be addressed during the Building Permit process when contractors have been selected. Mr. Agatston stated that the application has been before the Planning Board since 2003. It is his opinion that the plan has been vastly improved from the original plan submitted and at the present time he would be inclined to recommend approving the plan to the Board of Trustees. Chairman Zuckerman agreed that the revised plan has come a long way from the original version. He added although he is not completely in favor of the variances required, he would also recommend approval of the application to the Board of Trustees provided the resolution is conditioned on the approval of the variance by the Zoning Board of Appeals. Page 7 of 16 February 28, 2008 Planning Board Approved Mr. Grzan agreed that the current plan is the best plan he has seen in the 5 years the application has been before the Board. He questioned why the Board does not recommend approval of the variances to the Zoning Board of Appeals. Chairman Zuckerman explained that not all Planning Board members were willing to recommend approval of the two variances required. Mrs. Kandel read the resolution into the minutes. Chairman Zuckerman asked for a motion on the resolution and on a motion made by Mr. Agatston and seconded by Mr. Grzan, 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. February 28, 2008 APPROVED RESOLUTION REFERRING APPLICATIONS FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVALS FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS, WITH RECOMMENDATIONS TO THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Church of Our Lady of Mercy is the owner of a property operated as a cemetery that is located at 319 South Ridge Street, north of High Street in the R2-F Zoning District and has made an application to the Village of Rye Brook, pursuant to Sections 209-1 and 250-6(H)(1) of the Village Code, requesting approval of a Site Plan and Special Use Permit for construction of Phase 4 of the mausoleum situated on the subject property located in Section 1, Block 28, Lot 1 (A.K.A. 1-28A-WHOLE and A.K.A. 1-28-14 & 15) on the Town of Rye Tax Maps; and Page 8 of 16 February 28, 2008 Planning Board Approved WHEREAS, the Board of Trustees of the Village of Rye Brook declared itself Lead Agency for review of the subject applications on October 28, 2003 in accordance with the State Environmental Quality Review Act (SEQRA), determining the proposed action to be an Unlisted Action; and WHEREAS, on October 28, 2003 the Board of Trustees of the Village of Rye Brook referred the application for site plan approval to the Village Planning Board and the Village Planning Consultant, the Westchester County Department of Planning, the Town/Village of Harrison, the Village of Port Chester, the City of Rye, and the New York State Thruway Authority for reports and recommendations; and WHEREAS, on February 27, 2007 the Board of Trustees of the Village of Rye Brook referred the application for a Special Use Permit to the Village Planning Board; and WHEREAS, the Planning Board reviewed the following plans and application materials: Sheet Number Sheet Title Dated 1 Title Sheet and Entire Cemetery Plan rev. 2/20/08 IA The Cemetery and Vicinity View rev. 2/20/08 2 Site Plan rev. 2/20/08 2A Topographic Survey 10/3/06 (SV-1-Topographic Survey by Chazen Engineering) 2B Site Plan and the Neighborhood rev. 2/20/08 3 Tree Survey of the Project Site rev. 2/20/08 4 Tree Removal and Protection Plan rev. 2/20/08 5 Landscape Plan rev. 2/20/08 5A Landscape Plan rev. 2/20/08 6 Exterior Lighting Plan rev. 2/20/08 7 Sight Lines to the Stained Glass Window rev. 2/20/08 8 First Floor Plan rev. 2/20/08 9 Second Floor Plan rev. 2/20/08 10 Roof Plan rev. 2/20/08 11 Northwest and Northeast Elevations rev. 2/20/08 12 Section rev. 2/20/08 13 Section rev. 2/20/08 14 Site Plan for Building Height Calculations rev. 2/20/08 15 Construction Facilities Plan rev. 2/20/08 16 Stormwater Detention &Flow Control rev. 2/20/08 17 Details rev. 2/20/08 SAI Slope Assessment Plan (by Chazen Engineering) 1/18/07 SP-l Grading Plan (by Chazen Engineering) rev. 3/05/07 Page 9 of 16 February 28, 2008 Planning Board Approved Sheet Number Sheet Title Dated SW 1 Grading Plan rev. 1/28/07 SW 2 Erosion & Sediment Control Plan Prior to Construction rev. 1/28/07 SW 3 Erosion & Sediment Control Plan During Construction rev. 1/28/07 SW 4 Stormwater Management Plan rev. 1/28/07 SW 5 Erosion & Sediment Control Plan Details &Notes rev. 1/27/07 SW 6 Erosion & Sediment Control Plan Details &Notes rev. 1/28/07 SW 7 Storm Sewer Details rev. 11/28/07 SW 8 Storm Sewer Details rev. 11/28/07 WHEREAS, the Planning Board received comments and recommendations from the public, the Westchester County Department of Planning, the Village planning consultant, Village staff and the Village consulting engineer Dolph Rotfeld, P.E.; and WHEREAS, the comments from the public included concerns over groundwater flow and the Applicant has investigated such concerns and provided the Village with a report for review; and WHEREAS, the Planning Board visited the project site on January 29, 2005 and October 21, 2006; and WHEREAS, the Planning Board reviewed and discussed the applications during multiple meetings held from August 12, 2004 to February 28, 2008 and provided comments and recommendations to the Applicant; and WHEREAS, through the course of its review the Village Planning Board reviewed the extensive history of the project site, including the prior approvals for three prior phases of the mausoleum; and WHEREAS, the Village Planning Board determined from this extensive review that the Applicant has obtained the requisite approvals for Phase 1 from the Town of Rye in 1970, for Phase 2 from the Town of Rye in 1977 and for Phase 3 from the Village of Rye Brook in 1995 and Certificates of Occupancy for Phase 1 was issued in 1971, for Phase 2 in 1979 and for Phase 3 in 2008; and WHEREAS, because of these prior municipal approvals for the first three phases of the mausoleum, and pursuant to Rye Brook Village Code Section 250-6 F (4), the Village Planning Board believes that a Special Use Permit and any area variances should only be required of Phase 4; and WHEREAS, the project as currently proposed would require the following area variances: Page 10 of 16 February 28, 2008 Planning Board Approved (i) A 1.22 variance from the required Front Height/Setback Ratio of 1.20 pursuant to 250-25F(1); and (ii) An 11 ft. front yard setback variance from the required 20 ft. front yard setback pursuant to 250-25H(1). NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby recommends approval of a Special Use Permit and the Site Plan for construction of Phase 4 of the mausoleum situated on the subject property adjacent to South Ridge Street, subject to the following conditions: 1. Approval of the landscape plan shown on Sheet 5A (as opposed to Sheet 5), which includes installation of plantings in the open area belonging to the Thruway Authority previously used as part of the spoils yard because it provides additional screening capability. 2. Approval of the Site Plan and Special Use Permit should be conditioned by the granting of a work permit from the Thruway Authority. 3. Approval of the Site Plan and Special Use Permit should be conditioned by the granting of an administrative steep slopes work permit by the Village Engineer. 4. The granting of any variances by the Zoning Board of Appeals. 5. The Building Permit should be conditioned on the Approval by the Westchester County Department of Health for the continued use of a septic system at the property. 6. The Building Permit should be conditioned on the revision of the Construction Management Plan to the satisfaction of the Village Engineer. The Applicant thanked the Board and staff for their diligence. Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 3. Review of a Site Plan Application by John G. Scarlato 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 Page 11 of 16 February 28, 2008 Planning Board Approved dwelling for the property located at 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. • Resolution referring Application to Zoning Board of Appeals Mr. Scarlato addressed the Board and gave a brief overview of the project explaining the owners want to add a small duplex unit to the back of the home to change it from a one to a two-family dwelling. The rear unit was stepped back so it would be at least 12 feet away from the garage which would exclude the floor area of the garage from the calculation of total gross floor area of the home. Chairman Zuckerman explained that an earlier application containing multiple variances for site plan approval for the change of use to a two family home made by a different architect with a different plan was not approved by the Zoning Board of Appeals. He explained further that because seven variances are required by the new plan the application should be referred to the Zoning Board of Appeals for a determination prior to review by the Planning Board. Mrs. Mohamed read the resolution referring the application to the Zoning Board into the minutes. Chairman Zuckerman asked for a motion on the resolution. A motion was made by Mrs. Schoen and seconded by Mr. Agatston. Chairman Zuckerman called for the roll: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. February 28, 2008 APPROVED RESOLUTION REFERRING A SITE PLAN TO CONSTRUCT AN ADDITION TO THE REAR OF AN EXISTING SINGLE FAMILY DWELLING AND CONVERSION OF THE SINGLE FAMILY DWELLING TO A TWO- Page 12 of 16 February 28, 2008 Planning Board Approved FAMILY DWELLING AT 52 HILLCREST AVENUE TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, John G. Scarlato, on behalf of Maria Rusciano and Peter Mutino, 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. Architect's Plans, prepared by John G. Scarlato Jr., Architect, Armonk, NY: Sheet Number Sheet Title Dated A-1 Plot Plan, Zoning Chart, General Notes, Code Section revised 1/28/08 A-2 Exterior Elevations undated A-3 Sections, Details, Site Work Notes undated A-4 Basement/Foundation Plan, Roof Plan undated A-5 First Floor Construction Plan, First Floor Reflected Ceiling/Electrical Plan undated A-6 Second Floor Construction Plan, Second Floor Reflected Ceiling/ Electrical Plan undated 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 WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information, submitted comments and made Page 13 of 16 February 28, 2008 Planning Board Approved recommendations regarding the site plan, zoning, impervious surface coverage; and WHEREAS, the residence and site plan, as proposed, would require the following variances for approval of the site plan: 1. A 9.45-foot variance from the minimum front yard requirement of 20 feet for the frontage on Irenhyl Avenue. 2. A 167 square-foot variance from the maximum gross floor area of 2074 square feet. 3. A 110 square-foot variance from the maximum impervious surface coverage of 2,550 square feet. 4. A 7.2% variance for the maximum front impervious surface coverage of 30%. 5. A 0.92 variance from the required front height/setback ratio of 1.2 for the frontage on Irenhyl Avenue. 6. A variance from the requirement of no changes to the exterior of the building as stated in Section 250-25.L.2.b of the Village Code. 7. A variance from the requirement for egress to the rear yard of the building for each apartment as stated in Section 250-25.L.2.c of the Village Code. WHEREAS, the Planning Board believes that pursuant to § 179-12 of the Village Code this application should be referred to the Zoning Board of Appeals for a determination on the seven (7) area variances required for the project as it is currently proposed before final site plan approval is given; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby refers the site plan application listed herein for construction of a new single-family dwelling at 52 Hillcrest to the Zoning Board of Appeals for a determination on the seven (7) area variances; and BE IT FURTHER RESOLVED, once the Zoning Board of Appeals has made its determination on the seven (7) area variances, the applicant shall return to the Planning Board for final site plan review with any revisions, if necessary, to the proposed project based upon the Zoning Board of Appeals determination; and BE IT FURTHER RESOLVED, the Planning Board hereby directs the Village Attorney and Village Planner to create a cover memorandum outlining the planning issues the Planning Board discussed at tonight's meeting, which they believe may impact the zoning relief requested by the applicant. The cover Page 14 of 16 February 28, 2008 Planning Board Approved memorandum, along with a copy of this resolution and the Planning Board minutes related to this application shall be sent to the Zoning Board of Appeals. Chairman Zuckerman called for the next item on the agenda: 4. Review of a Site Plan Application by Reckson Associates Realty Corporation for proposed site plan amendment to the common areas at International Drive, designated on the Tax Assessor's Map as Section 129.82, Block 1, Lot 1 in the OB-1 Zoning District • Considering a Report and recommendation to The Board of Trustees Dan Richmond, attorney for the applicant, addressed the Board stating the application is before the Planning Board for a recommendation to approve changes to the approved site plan that were partially constructed prior to submission of a site plan approval application. Chairman Zuckerman stated that although he believes the changes that are the subject of the application to be minor in nature and he is confident the Board will make a positive recommendation to the Board of Trustees, the Board would not act during the current meeting because Mrs. Mohamed has not had an opportunity to review the plan as it was received late. He noted that the Board of Trustees has set a Public Hearing on the matter for March 25th, which allows time for the Planning Board to review the plans and approve a referral resolution during their next meeting on March 13tH The applicant read a statement from the Landscape Architect explaining the site plan amendments that are part of the plan. Regarding concerns about emergency vehicle access, Mrs. Kandel stated that she spoke to the Building Inspector and he confirmed that emergency site access is adequate. Chairman Zuckerman adjourned the application to March 13th. Chairman Zuckerman called for the final item on the agenda. MINUTES 5. Review and Approval of the January 24, 2008 Planning Board minutes. Chairman Zuckerman called for a motion to accept the minutes of January 24, 2008 and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Page 15 of 16 February 28, 2008 Planning Board Approved Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. As there was no further business, Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made by Mr. Agatston, and seconded by Mrs. Fredman, the meeting was adjourned. Time adjourned?? Page 16 of 16