HomeMy WebLinkAbout2008-04-10 - Planning Board Meeting Minutes April 10, 2008 PLANNING BOARD Approved
VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday April 10, 2008 - 8:00 p.m.
.........................................................................
ROLL CALL
RESOLUTION
1. Considering a resolution concerning 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, Section 129.84, Block 1, Lot 9.
NEW BUSINESS
2. Review of a site plan application by Mr. Trevor Coutinho for a change of use for
the property at 20 Wyman Street, Parcel ID 141.43-1-23 in the R-2F Zoning
District from a single family dwelling to a two-family dwelling.
• Considering a Resolution scheduling a Public Hearing
3. Review of a Special Permit Application by Mr. Paul Burack for a Tier II Home
Occupation at 26 Brook Lane Parcel ID 135.65-1-6, in the R-10 Zoning District
for report and recommendation to the Board of Trustees.
• Considering a Report and Recommendation to the Board of Trustees
4. Review of a site plan application by Mr. Marc Schlueter for an addition to the
existing home at 1 Sunset Road, Parcel ID 135.73-1-24 in the R-10 Zoning
District located in the Lincoln Avenue Scenic Roads Overlay District.
• Considering a Resolution scheduling a Public Hearing
DISCUSSION ITEMS
ACTION ON NON-AGENDA MATTERS
Subject to consent of Planning Board Members present at the meeting.
THE NEXT PLANNING BOARD MEETINGS
April 24, 2008 and May 8, 2008
Village Hall is fully accessible to the handicapped. Those who need special
arrangements should contact the Village Administrator's Office
Page 1 of 9
April 10, 2008 PLANNING BOARD Approved
ONE-WEEK IN ADVANCE OFA MEETING AT(914) 939-1121
PRESENT
BOARD Mr. Domenic Accurso
Mrs. Michele Fredman
Mr. John Grzan
Mr. Bill Laufer
Mrs. Amy Schoen
Chairman Gary Zuckerman
EXCUSED Mr. Warren Agatston
STAFF Mrs. Amanda Kandel, Village Counsel
Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant
Mr. Mike Nowak, Jr. Village Engineer
Ms. Shari Melillo, Planning Board Secretary
Chairman Zuckerman noted the presence of Village Trustee Dean Santon.
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 and also announced that the public can
now view Planning Board meetings on streaming video via the website.
Chairman Zuckerman called for the first item on the agenda:
RESOLUTION
1. Considering a resolution concerning 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, Section 129.84, Block 1, Lot 9.
Chairman Zuckerman noted that the Public Hearing was closed at the last Planning Board
meeting and asked Mrs. Timpone-Mohamed, Village Planning Consultant, to read the
resolution.
Chairman Zuckerman asked for a motion on the resolution and a motion was made by
Mrs. Schoen and seconded by Mr. Laufer.
Page 2 of 9
April 10, 2008 PLANNING BOARD Approved
Discussion:
Mr. Accurso asked the applicant why all the existing house drain leaders would not be
connected into the new stormwater management system.
Mr. Mike Nowak, Junior Village Engineer advised Mr. Accurso it was his understanding
after speaking with Mr. Nestler that the two leaders from the rear-yard half of the roof
would be tied into the proposed dry well system and the two from the front-yard half of
the roof would drain as they do presently.
Mr. Accurso expressed concern that the existing leaders draining on to the ground surface
of the front yard may create an erosion condition. He stated that the front-yard leaders
should also be tied into the proposed storm water system.
Mr. Nowak stated that adding the two front-yard leaders into the proposed storm water
system would require additional underground storage units to accommodate the
additional flow. He noted the proposed system was designed to accommodate only the
two rear roof leaders along with the run-off from impervious surfaces in the rear yard...
Mr. Accurso explained that the property contains wetlands and that it has steep slopes. He
further stated his belief that unmanaged storm water runoff anywhere on the site could
cause problems down stream from this project. He then suggested that connection of the
two rear roof leaders into the new storm water management be stated in the resolution to
be considered by the Board.
Chairman Zuckerman stated that while zero runoff is preferred, the proposed storm water
management plan would enhance the existing drainage system and asking the applicant to
expand the proposed system to include areas of the lot not directly related to the site
improvements in the rear yard would be asking them to go above and beyond what is
required in the Village Code.
An amendment was proposed to ensure that the roof leaders would be connected to the
stormwater management system.
Mrs. Kandel read the amended resolution.
Chairman Zuckerman asked for a motion to accept the amendments and on a motion
made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called:
Mr. Accurso Yes
Mrs. Fredman Yes
Mr. Grzan Yes
Mr. Laufer Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
Page 3 of 9
April 10, 2008 PLANNING BOARD Approved
Chairman Zuckerman called for a vote on the resolution as amended:
Mr. Accurso Yes
Mrs. Fredman Yes
Mr. Grzan Yes
Mr. Laufer Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
April 10, 2008 APPROVED
RESOLUTION
APPROVING A SITE PLAN AND WETLANDS AND STEEP SLOPES
WORK PERMITS TO CONSTRUCT A SWIMMING POOL AT
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; and
WHEREAS, the Planning Board reviewed the following plans and
application materials:
1. Site Plan Application dated November 6, 2007
2. Short Environmental Assessment Form dated November 6, 2007
3. Exterior Building Permit Application dated November 6, 2007
4. Fence/Wall Permit Application dated November 6, 2007
5. Tree Removal Permit Application, no date
6. Topographic Survey, dated August 2, 2007, prepared by Aristotle
Bournazos, P.C., New Rochelle, N.Y.
7. Landscape Architect's Plans, prepared by Walter G. Nestler, ASLA, New
Rochelle, NY:
Page 4 of 9
April 10, 2008 PLANNING BOARD Approved
Sheet Number Sheet Title Dated
Sheet 1 of 10 Site Plan 2/25/08, revised 3/27/08
Sheet 2 of 10 Site Plan/20 Scale 2/25/08, revised 3/27/08
Sheet 3 of 10 Lot Coverage 2/25/08, revised 3/27/08
Sheet 4 of 10 Stormwater/Impervious
Surface 2/25/08, revised 4/8/08
Sheet 5 of 10 Grading Plan 2/25/08, revised 4/8/08
Sheet 6 of 10 Planting Plan 2/25/08, revised 3/27/08
Sheet 7 of 10 Construction Details 2/25/08, revised 3/27/08
Sheet 8 of 10 Wall Details 2/25/08, revised 3/27/08
Sheet 9 of 10 Fence Details & Tree
Protection Plan 2/25/08, revised 3/27/08
Sheet 10 of 10 Pool Equipment Enclosure 2/25/08, revised 3/27/08;
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, the landscape plan, wetlands and
steep slopes impacts including mitigation, storm water management and erosion
and sediment control and the plans were revised according to the comments; and
WHEREAS, the Planning Board visited the site and is familiar with the
site and all aspects of the project; and
WHEREAS, On February 14, 2008 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 March 27, 2008.
NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein,
the Village of Rye Brook Planning Board hereby approves the site plans listed
herein, a Permit to Perform Regulated Work in a Wetland and a Steep Slopes
Work Permit to construct an in-ground swimming pool at 43 Meadowlark Road
subject to the condition that the two rear roof leaders shall be connected to the
proposed stormwater management system; and
Page 5 of 9
April 10, 2008 PLANNING BOARD Approved
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.
Chairman Zuckerman called for the next item on the agenda:
NEW BUSINESS
2. Review of a site plan application by Mr. Trevor Coutinho for a change of use
for the property at 20 Wyman Street, Parcel ID 141.43-1-23 in the R-2F
Zoning District from a single family dwelling to a two-family dwelling.
• Considering a Resolution scheduling a Public Hearing
Chairman Zuckerman noted that this property has an interesting history as it was learned
that the structure was physically moved from 7 High View Avenue to its present location
in 1958. When I-287 was constructed, a subdivision was done in 1971 and there are 6
existing non- conformances and if this were to be approved, per the Building Inspector,
variances would be required. In addition, a Certificate of Occupancy was never issued for
the structure on this property and the applicant is here to legalize all of the proposed
construction that has already occurred. Chairman Zuckerman also added that there may
be a steep slopes issue on this site and recommends that this application goes before the
Zoning Board for the necessary variances before a Public Hearing is scheduled by the
Board.
The Architect for the applicant gave an overview of the project explaining that the
applicant wants to change the building from a 1 family to a 2 family dwelling by raising
the roof and adding a stairway at the rear of the building for egress from the 2nd floor of
the rear apartment.
Mrs. Timpone-Mohamed addressed the Board stating that the applicant has provided a
parking layout that should be revised. She explained that 5 parking spaces are required
for a two-family dwelling. To accommodate five cars the applicant revised the site layout
to include access to the lot from High View Avenue, which would allow for two cars to
be parked behind the carport. However, the layout, as shown on the current plans should
be revised to accommodate spaces for two full-sized cars. Other issues with the plan
include screening the parking areas from surrounding streets and designing the access
from High View to take into account steep slopes located there. She noted that
construction of retaining walls might be necessary. In addition, the applicant did not
provide a topographic survey, tree protection plan, and a proposed grading plan and the
Village Engineer should review the erosion control plan and the storm water management
plan.
Page 6 of 9
April 10, 2008 PLANNING BOARD Approved
Mrs. Fredman asked why a project that has already been constructed is before the Board.
Mrs. Kandel explained that the applicant was in court for constructing interior
renovations to the building without a building permit. The Building Inspector determined
the change of use from a one family to a two family dwelling requires site plan approval
from the Planning Board. She further explained that the applicant must legalize the
construction before the court case can be completed.
Chairman Zuckerman adjourned the matter until the applicant can meet with the Village
consultants and Village staff to revise the plan to answer all comments provided.
Chairman Zuckerman called for the next item on the agenda:
3. Review of a Special Permit Application by Mr. Paul Burack for a Tier II
Home Occupation at 26 Brook Lane Parcel ID 135.65-1-6,in the R-10 Zoning
District for report and recommendation to the Board of Trustees.
• Considering a Report and Recommendation to the Board of
Trustees
Chairman Zuckerman explained that the application was reviewed by the Building
Inspector who was prepared to issue a building permit for the project until Village
Counsel advised that the Village Code requires review and approval of a special use
permit by the Board of Trustees for a Tier 11 Home Occupation pursuant to the Village
Code. The application had already been granted an area variance from the maximum
allowable gross floor area by the Village Zoning Board of Appeals and the Architectural
Review Board approved the project in January. The Chairman explained that in the
present situation the Planning Board is advisory to the Board of Trustees and will issue
two recommendations: a recommendation to waive certain requirements of Section 209
and a recommendation for the special use permit itself. He noted that the Board would
not issue any recommendations tonight because more detailed plans must be submitted
before the Board can determine its recommendations.
Mr. Cohen, Architect for the applicant, noted that the memo from Mrs. Timpone-
Mohamed stated that the plan would not require any site plan modifications. He asked the
Board to proceed without provision of more detailed site plans.
Chairman Zuckerman responded that the Board could not issue any waiver of Section
209 until a recommendation from the Village Engineer is received.
Mr. Burack, the applicant, addressed the Board. He stated he is a videotape editor who
edits footage provided by clients using a computer. He explained he currently has one
part-time employee who works on site from 9 am to 6 pm Monday and Tuesday. He also
stated that he might be adding another part-time employee who would work on site days
of the week the first employee is not on site.
Page 7 of 9
April 10, 2008 PLANNING BOARD Approved
Mrs. Kandel suggested the Board should consider the issue of whether one full-time
employee or two part-time employees working at different times and what the hours of
operation are because the applicant has indicated that he may work on weekends. These
are factors that the Board of Trustees must consider and the Planning Board may want to
consider these items in its report to the Board.
Mrs. Schoen asked if "part-time" and "full-time" employees are defined in the Village
Code, adding that if they are not it would be difficult for the Board to consider the
difference or similarity between the two to make a decision.
She continued saying if part and full time are not defined two employees would make the
home occupation fall into the Tier III category. She suggested the Building Inspector
should determine if two part-time employees are the equivalent of one full-time employee
if they are not on site at the same time.
Chairman Zuckerman adjourned the application to April 24th and called for the next item
on the agenda:
4. Review of a site plan application by Mr. Marc Schlueter for an addition to
the existing home at 1 Sunset Road, Parcel ID 135.73-1-24 in the R-10 Zoning
District located in the Lincoln Avenue Scenic Roads Overlay District.
• Considering a Resolution scheduling a Public Hearing
Chairman Zuckerman explained that the application is before the Planning Board because
it is in the Lincoln Avenue Scenic Roads Overlay District. The Property has existing non-
conformities the legality of which must be verified by the Building Inspector.
Mr. Michael Csenge, Architect for the applicant addressed the Board, giving a brief
overview of the project. He explained that there is an 8 square-foot piece of the existing
home and the new addition that encroaches into the Scenic Roads Overlay District front
yard set back. He stated his belief that the existing structure was made non-conforming
by the adoption of the overlay district after the home was built. The building does
conform to the requirements of the underlying R-10 zoning district.
Chairman Zuckerman informed the applicant that the Board will require a current survey
and they would not waive the requirement for a landscape plan.
Mrs. Mohamed read the resolution scheduling a public hearing for 5/8/08.
Chairman Zuckerman called for a motion on the resolution and on a motion made by
Mrs. Schoen and seconded by Mrs. Fredman, the roll was called:
Mr. Accurso Yes
Mrs. Fredman Yes
Mr. Grzan Yes
Page 8 of 9
April 10, 2008 PLANNING BOARD Approved
Mr. Laufer Yes
Mrs. Schoen Yes
Chairman Zuckerman Yes
Motion carried.
April 10, 2008 APPROVED
RESOLUTION
SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR
SITE PLAN APPROVAL FOR I SUNSET ROAD
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Marc Schlueter has made an application to the Village of Rye
Brook for approval of a site plan construct a second floor addition over the
existing first floor at 1 Sunset Road, Section 135.73, Block 1, Lot 24 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 May 8, 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 a motion to adjourn the meeting and on a motion made
by Mrs. Schoen and seconded by Mrs. Fredman, the meeting was adjourned at 9:32 pm.
Page 9 of 9