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HomeMy WebLinkAbout2008-03-27 - Planning Board Meeting Minutes March 27, 2008 PLANNING BOARD Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday March 27, 2008 - 8:00 p.m. ......................................................................... ROLL CALL PUBLIC HEARINGS 1. Continued Public Hearing for review of a Site Plan Application by Walter G. Nestler, Landscape Architect on behalf of Mr.& Mrs. Wurtzel for Wetlands and Steep Slopes Work Permits for construction of an in-ground pool and spa at 43 Meadowlark Road,Rye Brook,NY, Section 129.84,Block 1, Lot 9 in the R-20 Zoning District. • Considering a Resolution to Close the Public Hearing • Considering an Approval Resolution. 2. 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 at 13 Beechwood Boulevard, Rye Brook, NY, Section 136.21, Block 1, Lot 38 in the R-25 Zoning District. • Considering a Resolution to Open the Public Hearing. 3. Review of a Site Plan Application by Steven Marchesani (Architect) on behalf of Mr. & Mrs. Arnett for a second story and garage addition, new curb cut and other site improvements at 282 North Ridge Street, Rye Brook, NY, Section 135.27, Block 1, Lot 10 in the R-15 Zoning District. • Considering a Resolution to Set the Public Hearing. OLD BUSINESS NEW BUSINESS MINUTES 4. Review and Approval of the February 28,2008 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 April 10, 2008 and April 24, 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)93 9-1121 Page 1 of 11 March 27, 2008 PLANNING BOARD Approved PRESENT BOARD Mr. Domenic Accurso Mr. Warren Agatston Mrs. Michele Fredman Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. John Grzan 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 congratulated Trustee Feinstein on being elected Mayor and also noted the presence of Trustee Paul Rosenberg and Trustee Elect Dean Santon. Chairman Zuckerman opened the meeting by asking Mayor-Elect Feinstein to lead everyone 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 also announced that the public can now view the Planning Board meetings via streaming video on the website. Chairman Zuckerman called for the first item on the agenda: PUBLIC HEARINGS 1. Continued Public Hearing for review of a Site Plan Application by Walter G. Nestler, Landscape Architect on behalf of Mr.& Mrs. Wurtzel for Wetlands and Steep Slopes Work Permits for construction of an in-ground pool and spa at 43 Meadowlark Road, Rye Brook, NY, Section 129.84, Block 1, Lot 9 in the R-20 Zoning District. • Considering a Resolution to Close the Public Hearing. • Considering an Approval Resolution. Mr. Walter Nestler, Landscape Architect for the applicant, addressed the Board and reviewed the recently submitted site plan he revised in response to the memo received from the Village planning consultant. Page 2 of 11 March 27, 2008 PLANNING BOARD Approved Chairman Zuckerman explained that although there would be a vote to close the Public Hearing, the Board would vote on the matter at the meeting of April 10, 2008 because the revised plans were submitted too late to provide sufficient time for staff to review the revisions before the meeting. There were no comments from members of the public or the Planning Board. Chairman Zuckerman asked for a motion to close the public hearing and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman No Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman called for the next item on the agenda: 2. 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 at 13 Beechwood Boulevard, Rye Brook, NY, Section 136.21,Block 1,Lot 38 in the R-25 Zoning District. • Considering a Resolution to Open the Public Hearing. Planning Board member, Mr. William Laufer, owner of the property on Loch Lane adjacent to the subject property, is recused from the review and vote on the application. Chairman Zuckerman called for a motion to open the public hearing and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman explained that as requested by the Planning Board, the applicant, met with Mrs. Timpone-Mohamed and Village staff to review the proposed plan. Chair Zuckerman asked Mrs. Mohamed to update the Board on the progress made at the meeting. Page 3 of 11 March 27, 2008 PLANNING BOARD Approved Mrs. Timpone-Mohamed addressed the Board, explaining that the applicant provided information and answered comments from the Village staff and the Planning Board. Concerns regarding the calculation of total gross floor area were addressed. After review of the revised calculations with Building Inspector Izzo, Mrs. Mohamed reported that the Building Inspector determined the total gross floor area is now calculated correctly. Mrs. Mohamed noted that she received the Arborist's report and visited the site to verify the information presented in the report regarding tree removal and the condition of the trees to remain. Based on the site visit, Mrs. Mohamed believes, in her professional opinion, the report is accurate. Mrs. Mohamed discussed tree damage apparently caused by the grading activities of previous owners of the site. She noted some existing trees may be impacted by the change in grade around their trunks and that the excess soil should be removed in those instances. Mrs. Mohamed also mentioned the existing easement on the property and advised that the metes and bounds of the easement should be determined and shown on the site plan. Mrs. Kandel addressed the Board concerning the easement. She explained the importance in appropriately marking the location of the easement on the plans. Mr. Chuck Utschig, PE, Engineer for the applicant, addressed the Board and gave an overview of the project, explaining that revisions to the site plan were made to answer comments from the Board and Village Staff. Issues regarding the height/setback ratio, the driveway and parking have been addressed. He believes the only item of concern remaining is the non-compliant front yard setback on Beechwood Boulevard. He stated that the applicant intends to apply to the Zoning Board of Appeals for a variance from the required front yard. Mr. Utschig noted the provision of an extensive storm water management plan and that the plan was modified according to comments from Mr. Carosi. Additionally, the applicant proposes a geothermal heating and cooling system that uses the constant temperature below the surface of the ground to help heat or cool the home. He described the installation procedure of such a system to be similar to installation of a septic field. The system consists of a series of fluid-filled pipes buried in shallow trenches. The fluid is circulated through the pipe network by a pump within the home to either cool or heat the home. The system will be located under the driveway, parking court and adjacent areas of the front and rear yards to minimize removal of vegetation to install the system. He discussed the concerns regarding proposed tree removals. He noted 19 of the 60 trees on the lot are proposed for removal. Chairman Zuckerman responded that the Board is not completely satisfied that the type and variety of trees proposed are sufficient to mitigate the removal of mature trees from the site. Mrs. Schoen added that her support for the application would depend on provision of a landscape plan that would install an adequate number of shade trees. She believes the parking court/driveway requires tall screening and she agrees that the grading potentially damaging some of the existing trees is an issue that needs to be corrected. Mr. Agatston noted his concerns about loss of some of the tree canopy and that he would like to see some deciduous trees added to the plan. Page 4 of 11 March 27, 2008 PLANNING BOARD Approved Mrs. Fredman stated her concern about storm water run off. She would like the applicant to pay close attention to improving natural storm water infiltration on the property to reduce storm water run off. Mr. Accurso confirmed the square footage of the house with the applicant's representative and stated that he believes the floor-to-floor heights of the house should be reduced to reduce the height of the building. He added that the proposed house would be taller than neighboring homes. He would like the architect to consider revising the plan again to decrease the height of the house. Mrs. Fredman asked for additional information about installation of the geothermal system. She stated her concern that installation of the system may impact the roots of existing trees. Mr. Utschig used a copy of the plan to indicate where the system would be installed noting that 35% of the system would be under the parking court/driveway in an existing open area. He added that no trees would be impacted by the installation of the system. He described the system in more detail stating it is essentially a system of small tubes that contain a liquid that is environmentally sensitive and non-toxic. It works by transferring the temperature of the ground into the house. Chairman Zuckerman asked for comments from the public. Mr. William Laufer, 10 Loch Lane, addressed the Board and explained he is the property owner adjacent to the rear yard of the applicant. He wanted to discuss the proposed tree removal and landscape plan. Mr. Laufer said he retained a landscape firm to review the applicants' landscape plan and make suggestions regarding the landscape plan to mitigate adverse impacts to his own property. Mr. Laufer read from a report his landscape architect prepared which noted that the applicants' plan did not mitigate for the loss of deciduous shade trees. He closed by explaining the proposed plan locates the rear of the new home 15-feet closer to his property line and that the height of the new home would have a visual impact on his home. Mr. Laufer requested, that based on his landscape architect's report, larger plants be provided along the fence line and the parking court be screened by the addition of a berm and plantings. He noted that providing proper screening of the parking area would benefit both the neighborhood and his own property. Mr. Dean Santon of 39 Hillandale Road addressed the Board stating he is a property owner in Byram Ridge and is speaking in his capacity as a private resident. Mr. Santon gave his opinion that this application should be built with the required 79-foot front yard setback. Mr. Santon also is of the opinion that shade trees such as maples and oaks should be included in the landscape plan to replenish, reforest and regenerate the site to what it was previously. Mr. Santon would like the Board to consider the vertical geothermal system for this site as opposed to the currently proposed horizontal system because the horizontal system requires the excavation of approximately 7,000 square feet. Mr. Muscato of Edgewood Drive addressed the Board and welcomed the applicants to Rye Brook. He stated his concern is about the line of sight at the stop sign at Beechwood Page 5 of 11 March 27, 2008 PLANNING BOARD Approved Boulevard. If the proposed plantings are put in the right of way, it could become very difficult to see someone coming around from Loch Lane in the circle. Mr. Muscato believes that a tear down should be fully compliant with the zoning code and he believes there are no hardships other than relief of the 79-foot setback. Mr. Muscato closed by saying that large homes have resulted in the loss of many trees in the neighborhood. Mrs. Meg Veib-Heib of 91 Valley Terrace addressed the Board. She is concerned about the trees being removed from the site and agrees that trees that can tolerate a lot of water would be best for the site, suggesting the applicant consider a rain garden. Mrs. Veib- Heib would like everyone to be more aware of how fragile the environment is. Ms. Adrianne Wesley of Beechwood Blvd addressed the Board and suggested that the Village consider reducing further development. She is also concerned about the tree removals and the types of trees that are being proposed as replacements on the property. She believes screening should be consistent with the character of the neighborhood noting her opinion that the house would dwarf the forest instead of the forest dwarfing the house. Ms. Gina Numme, owner of 24 and 22 Beechwood, addressed the Board and stated that she personally likes to see development and that the applicants should be entitled to build what they want if they are within the confines of the law. Mr. Funtleyder, the applicant, addressed the Board and the Public and stated that he has heard everyone's comments. The landscaping plan needs to be revised and they will look at that. He added that the geothermal system would save fossil fuel — enough to save an acre of trees, so the environmental trade off for the system is beneficial. Mr. Funtleyder responded to the question as to why the development is concentrated on one side of the property because the other side is the wetter side of the property. They are willing to work on the landscape plan. He requested he be able to get to the Zoning Board of Appeals because the process is causing financial hardship for his family. Chairman Zuckerman explained he would like to adjourn the application until April 24th There is only one variance required as the plan is currently proposed. The Chairman proposed that the Board refer the single variance to the Village Zoning Board of Appeals so the applicant can get on the May calendar. The Chair asked the resolution be read. Mrs. Mohamed read the resolution referring the application to the Zoning Board of Appeals. Chairman Zuckerman asked for a motion on the resolution and a motion was made by Mr. Agatston and seconded by Mrs. Schoen. Board members commented on the resolution. Page 6 of 11 March 27, 2008 PLANNING BOARD Approved Mrs. Fredman asked why the application was being referred with a recommendation to the Zoning Board of Appeals. Chairman Zuckerman responded that because the applicant had worked with the Planning Board and had made the changes that were recommended by the Board, that has been our usual practice. He believed the Board should show good faith by sending the matter to the Zoning Board of Appeals so the applicant would not have to wait an extra month to get on their calendar. Mr. Accurso stated his belief that the hardship the applicant spoke of was self-inflicted and that with some minor changes to the plan,be no variances would be required. Brief discussion ensued relating to wording of the resolution. Mrs. Fredman wanted the word recommendation removed from the resolution. Amendments followed addressing the concern. Chairman Zuckerman called for a voice vote on the amendments: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Chairman asked Mr. Carosi to call the roll on the resolution as amended: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried March 27, 2008 APPROVED RESOLUTION REFERRING A SITE PLAN TO CONSTRUCT A NEW RESIDENCE AT 13 BEECHWOOD BOULEVARD TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD Page 7 of 11 March 27, 2008 PLANNING BOARD Approved WHEREAS, Brian and Lorrie Funtleyder have made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code for approval of a site plan to construct a new home at 13 Beechwood Boulevard, designated on the Tax Assessor's Map as Section 136.21, Block 1, Lot 38 in the R-25 zoning district; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application, dated 1/03/08 2. Exterior Building Permit Application, dated 1/03/08 3. Short Environmental Assessment Form, dated 1/03/08 4. Drainage Calculations prepared by CMX, White Plains, N.Y., dated March 13, 2008 5. Engineer's Plans, prepared by CMX, White Plains, N.Y.: Sheet Number Sheet Title Dated Sheet 1 of 12 Cover Sheet 12/12/07 rev. 3/13/08 Sheet 2 of 12 Existing Conditions, Demolition and Steep Slope Plan 12/12/07 rev. 3/03/08 Sheet 3 of 12 Layout and Lot Bulk Plan 12/12/07 rev. 3/13/08 Sheet 4 of 12 Utility Plan 12/12/07 rev. 3/13/08 Sheet 5 of 12 Grading Plan 12/12/07 rev. 3/13/08 Sheet 6 of 12 Erosion Control and Construction Management Plan 12/12/07 rev. 3/13/08 Sheet 7 of 12 Tree Survey and Preservation Plan 12/12/07 rev. 3/13/08 Sheet 8 of 12 Landscaping Plan 12/12/07 rev. 3/13/08 Sheet 9 of 12 Details Sheet 12/12/07 rev. 3/13/08 Sheet 10 of 12 Neighborhood Plan 12/12/07 rev. 3/13/08 Sheet 11 of 12 Setback Ratio Plan and Elevations 12/12/07 rev. 3/13/08 Sheet 12 of 12 Section thru Lot (B-B) 12/12/07 rev. 3/13/08 No sheet number Impervious Areas Calculations 3/13/08 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 provided, submitted comments and Page 8 of 11 March 27, 2008 PLANNING BOARD Approved made recommendations regarding the site plan, zoning, and impervious surface coverage; and WHEREAS, the residence and site plan, as proposed, would require a 26.8- foot area variance from the minimum front yard requirement of 79.19 feet for the frontage on Beechwood Boulevard; and WHEREAS, in the interest of giving the applicant the opportunity to appear at the May meeting of the Zoning Board of Appeals, the Planning Board believes that pursuant to § 179-12 of the Village Code this application may be referred to the Zoning Board of Appeals for a determination solely on the area variance 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 13 Beechwood Boulevard to the Zoning Board of Appeals for a determination solely on the front yard area variance; and BE IT FURTHER RESOLVED, the Planning Board hereby directs the Village Attorney and Village Planner to create a cover memorandum outlining the reasons for the referral and the planning issues discussed at tonight's meeting, which the Planning Board believes may impact the zoning relief requested by the applicant. The cover 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: 3. Review of a Site Plan Application submitted by Steven Marchesani, Architect on behalf of Mr. & Mrs. Arnett for a second story and garage addition, new curb cut and other site improvements at 282 North Ridge Street, Rye Brook, NY, Section 135.27, Block 1, Lot 10 in the R-15 Zoning District. • Considering a Resolution to Set the Public Hearing. Chairman Zuckerman explained that the application is before the Board to call for a public hearing. He added that additional work needs to be done on the landscape plan and tree protection plan to make the plans ready for a public hearing as noted in Mrs. Mohamed's memo. Page 9 of 11 March 27, 2008 PLANNING BOARD Approved Mr. Marchesani, Architect for the applicant, addressed the Board and stated that the circular drive was eliminated, and the garage was set back further from the front property line to allow space for a parking area/turnaround to be located beyond the 35-foot SROD buffer. He added that the landscape plan was revised to increase the number of plants; however, he understood there were more revisions to be made. Mrs. Mohamed read the resolution setting the public hearing: Chairman Zuckerman called for a motion on the resolution and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. March 27, 2008 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 282 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Jim Arnett has made an application to the Village of Rye Brook for approval of a site plan to construct a new second floor over the existing first floor and a new 1-story, 2-car garage addition onto an existing single family home at 282 North Ridge Street, Section 135.27, Block 1, Lot 10 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 April 24, 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 Page 10 of 11 March 27, 2008 PLANNING BOARD Approved 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 final item on the agenda: MINUTES 4. Review and Approval of the February 28, 2008 Planning Board minutes. Chairman Zuckerman asked for a motion to approve the minutes of February 28, 2008 and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman called for a motion to adjourn tonight's meeting and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the meeting was adjourned at 10:11 pm. Page 11 of 11