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HomeMy WebLinkAbout2008-04-24 - Planning Board Meeting Minutes April 24, 2008 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday April 24, 2008 - 8:00 p.m. ......................................................................... ROLL CALL: CONTINUED PUBLIC HEARINGS: 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 at 13 Beechwood Boulevard, Rye Brook, parcel I.D. 136.21-1-38. • Considering a Resolution to Close the Public Hearing 2. 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,parcel I.D. 135.27-1-10. • Considering a Resolution to Close the Public Hearing • Considering a Resolution acting on the Application OLD BUSINESS NEW BUSINESS MINUTES DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to the consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS May 8, 2008 and May 22, 2008 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE-WEEK INADVANCE OF A MEETING AT(9I4) 939-1121 Page 1 of 11 April 24, 2008 Planning Board Minutes Approved PRESENT BOARD Mr. Warren Agatston Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. Domenic Accurso 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 Mrs. Patricia Sanders Romano, Board of Trustees 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 also announced that the public can now view the Planning Board meetings via streaming video on the Village website. Chairman Zuckerman called for the first item on the agenda: CONTINUED PUBLIC HEARINGS: 1. Review of a Site Plan Application by Brian & Lorrie Funtleyder (Brad DeMotte, Architect) for the tear down of an existing single-family dwelling and construction of a new single-family dwelling at 13 Beechwood Boulevard, Rye Brook, NY parcel I.D. 136.21-1-38. • Considering a Resolution to Close the Public Hearing Mr. Laufer, who owns the property adjacent to the subject property, is recused from review of the application and voting on the matter. Chair Zuckerman noted that the application is scheduled to appear before the Zoning Board of Appeals on May 6r1, in regard to the variance required for the proposed front yard setback. Mr. Nowak addressed the Planning Board and noted that the drawing set submitted by the applicant to the Zoning Board of Appeals differs slightly from the drawing set submitted to the Planning Board. The differences included certain missing building height dimensions on the elevations, and interior room dimensions. Additionally, a pool shown Page 2 of 11 April 24, 2008 Planning Board Minutes Approved on the original drawings submitted to the Planning Board and subsequently removed during review is shown on the plans submitted to the Zoning Board of Appeals, all of which is inconsistent with the current plan set before the Planning Board. Chairman Zuckerman asked Mr. DeMotte if there was an explanation for this inconsistent plan submission, stating that plan sets with exactly the same information and dates must be submitted to both boards so that there are no inconsistencies and they are reviewing the same information. Chairman Zuckerman asked Mr. DeMotte to make sure the situation is corrected. Mr. Finan gave a brief overview of the project reiterating that a variance from the required front yard from the Zoning Board of Appeals would be necessary for approval of the current site plan. A landscape plan addressing the issues brought up at earlier meetings was submitted. Mr. Finan explained that a cupola on the roof of the garage was included in the current plan but would be removed if the Board felt it would cause additional issues as, according to the Building Inspector, it would require a variance from the front height/setback ratio. The consensus of the Board was that the cupola should be removed from the plan to eliminate the need for another variance. Mrs. Mohamed addressed the Board and discussed the issue of tree removal. She reviewed the Village's new tree regulations with regard to the project. According to the plans no clear cutting would be performed as no more then 29% of the trees on the lot would be removed for any purpose. No significant trees, as defined by the regulations, would be removed from the property. All trees not removed for construction of the building and site features are being removed for other reasons having to do with forest maintenance. Mrs. Mohamed met with the Architect's Arborist at the site and together they reviewed each tree on the property tagged for removal. She believes, based on the site visit, review of the arborist's report and her professional opinion that there are valid reasons such as safety, pest infestation, poor or failed health and physical damage, for the removal of each tree tagged. She further stated that using the tree regulations as a guide for the minimum replacement required, the current landscape plan would plant many times more trees than the minimum required by the regulations. In regard to trees and storm water management, she stated that the most important factor for reducing storm water run off is the extent of the tree canopy not the type of tree or the ages of the individual trees that make up the canopy. Increasing the tree canopy area on a property can dramatically decrease the amount of water that runs off a property by sending it directly into the ground. In her opinion, the landscape plan submitted would provide young trees to replace older trees removed and would replace and eventually enlarge the tree canopy on the property. In regard to potential "creep" of adjacent front yard setbacks that may result from granting a variance for the proposed front yard, Mrs. Mohamed stated that locating the Page 3 of 11 April 24, 2008 Planning Board Minutes Approved home at the same setback as the existing home would not increase the potential for "creep"but would keep the situation the same as exists today. Mrs. Fredman asked Mrs. Mohamed to explain "absolute roof height." Mrs. Mohamed explained it is the height of the roof from the top of the ridge to surrounding grade. The absolute height was indicated on the plans for information purposes only as it is a measure of how tall the highest points of the home would be. She noted that the Village does not regulate absolute height of a building and that calculation of building height for a structure with a pitched roof, as set forth in the zoning code, follows a specific formula. Chairman Zuckerman asked if there were any comments from the public. Mr. Laufer, 10 Loch Lane, owner of the property adjacent to 13 Beechwood addressed the Board, stating that Mrs. Mohamed had addressed many of his concerns and that he wanted to welcome the applicants to Rye Brook. Mr. Laufer stated he had reviewed the changes to the landscape plan and believes screening has been addressed to some degree but believes more needs to be done because he does not believe the trees being replanted will provide a sufficient canopy. He is concerned that the large amount of excavation for installation of the geothermal system should require submission of a construction management plan. Mr. Nowak, Junior Village Engineer, explained that installation of a geothermal system typically involves the digging of many trenches, dug successively. The contractor would trench out an area that is 30-50 feet long and 5-7 feet in depth install a portion of the system piping and then back till the trench, before excavating the next trench. At no time would more than a reasonable length of trench be open or more then an appropriate amount of soil be stockpiled on the site. During construction, representatives from the Village Engineering Department and the Building Department would be on site during most of the installation to monitor excavation procedures. Mr. Grzan stated that he would like to see a more detailed description of the excavation and installation management plans for the geothermal system. Mr. Finan of CMX explained that installation of a geothermal system is very similar to installation of a septic system and that it is a simple operation. A trench is dug, pipe is laid, and the trench is backfilled, which is no more disruptive than excavation for construction of a foundation. The entire installation should only take one or two days. Mr. Dean Santon, 39 Hillandale Road, stated that he is before the Planning Board as a private citizen and Byram Ridge resident. Mr. Santon distributed a written memorandum to the Board. The Chairman informed Mr. Santon that the correct procedure for submission of letters to the Planning Board, according to their Rules and Procedures, is Page 4 of 11 April 24, 2008 Planning Board Minutes Approved that the memorandum should be submitted in advance of the meeting to allow the Board time to review it before the meeting. Mr. Santon stated he is surprised that the Board is considering closing the Public Hearing during tonight's meeting. He also said he believes the Board is unresponsive to concerns regarding the geothermal system. He also believes there was no discussion regarding storm water management. Chairman Zuckerman responded by stating that closing the Public Hearing would be at the discretion of the Board. Mr. Santon stated his agreement with Mr. Grzan's comments and concerns regarding excavation for the geothermal system. Mr. Santon also wants to hear discussion regarding the proposed parking court. It is his opinion, because the lot is 150 feet deep, the home should be completely code compliant. He stated his belief that the project can be scaled down and reconfigured to be compliant with the code and that information regarding an existing easement is not on the plans. Mrs. Kandel, Village Attorney, explained that the Village has been working with the applicants' engineer on the issue of the easement. At present it is impossible to map the easement because the easement agreement does not include metes and bounds for the easement. The issue will be worked on until a resolution is reached. Mr. Santon discussed his opinion that the calculation of trees to be removed is incorrect and believes that the planting plan for replacement trees is inadequate. He believes the proposed replanting plan would not replace the canopy adequately. Mr. Kaminsky, owner of 4 Edgewood Drive, addressed the Board and stated that he has experience with the site plan approval process in Rye Brook. He reminded the Board that a resident should be able to build the home he or she wants if it is compliant with the Village Code. He stated his opinion that the Village may be forgetting that homeowners want to improve their property, which benefits the Village. Mr. Grzan suggested that the Board should wait to make their determination until the applicant has received a determination on the variance required from the Zoning Board of Appeals because if they are denied the variance, they must return to the Planning Board anyway. He said he would like more information about the geothermal system installation. He also believes that the tree issue has been addressed. He is bothered by the size of the house but believes the parking court is a bigger issue because it is very large. He too wants the community to be the best it can be and believes the Planning Board and the planning process are helping to get that done. Chairman Zuckerman asked the Board if it believes the Public Hearing should be closed. He noted that input from the Village Engineer has not yet been heard and that closing the Public Hearing would not preclude the Board requesting modifications to the plans. Page 5 of 11 April 24, 2008 Planning Board Minutes Approved Mr. Agatston said he believes the Board already has heard all the pertinent information relating to the project. He noted the only risk with closing the hearing at this time might be exceeding the 62-day time limitation for making their determination. As the Zoning Board meets on May 6th he would be in favor of closing the Public Hearing and moving the matter to the Zoning Board of Appeals. Mr. Agatston made a motion to close the Public Hearing. Mrs. Schoen interjected that Mr. Grzan asked about the size of the parking court and she would like to hear what the applicant has to say in response. Mrs. Ftultleyder, applicant, addressed the Board and thanked them for their time and efforts and said she now understands the time and energy that goes into reviewing each application and has newly found respect for the process. Mrs. Funtleyder explained that the size of the parking court was determined by the number of cars to be parked there and to provide space to back out from the third garage space and turn around so as to not back out of the driveway into the street. Chairman Zuckerman asked for a second on Mr. Agatston's motion to close the public hearing and a second was made by Mrs. Fredman. Mrs. Fredman stated that she believes pertinent issues were raised by the public and that the Board should get more information on the geo thermal system, the easement, and the parking court, so she is not in favor of closing the public hearing. Chairman Zuckerman called for a vote on the motion to close the public hearing: Mr. Agatston Yes Mrs. Fredman No Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman explained that the application would appear before the Village Zoning Board of Appeals on May 6th and that it is possible that the Zoning Board may hear the matter for more than one meeting. He suggested adjourning the matter until May 8. He noted that it may be necessary for the Planning Board to reopen the public hearing if the Zoning Board of Appeals does not grant the variance or they ask for changes to the plan to reduce the variance, both of which would require review of substantially revised plans by the Planning Board. Mr. Grzan said he believes there are a number of questions to be answered before the Board votes on the matter. He believes that although the applicant was asked to work with the Village staff and consultants to improve their plan, the Planning Board will make the final decision to approve or disapprove the application. Mr. Grzan raised his Page 6 of 11 April 24, 2008 Planning Board Minutes Approved concerns regarding the geothermal heating system, screening, and the planting plan and erosion control. Mrs. Funtleyder addressed the Board asking for a positive recommendation from the Planning Board to the Zoning Board of Appeals. Chairman Zuckerman responded, saying that the Board would not give such a recommendation. Chairman Zuckerman and Mr. Agatston suggested that the Village Engineer provide an informational memo to the Board regarding the geothermal system. Chairman Zuckerman adjourned the matter to May 8th and called for the next item on the agenda: 2. 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, Parcel I.D. 135.27-1-10. • Considering a Resolution to Close the Public Hearing • Considering a Resolution acting on the Application Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the roll was called: Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Mr. Marchesani, Architect for the applicant, addressed the Board and gave a brief overview of the project. Chairman Zuckerman directed the Board to pay attention to landscape screening in the front yard as the property is in the Ridge Street Scenic Roads Overlay District. Although moving the garage eliminated one variance required, several other variances would be required to approve the site plan. The addition of the second floor increases the existing non-conformity of the front yard and the slight bump out for the covered porch also creates front-yard non-conformity. The Chairman suggested that detaching the garage Page 7 of 11 April 24, 2008 Planning Board Minutes Approved from the home could eliminate the need for a variance from the side yard requirement and the maximum gross floor area. Mrs. Schoen stated while she appreciates the detached garage solution, she would not be in favor of it. Mr. Grzan would like to see the need for a side yard setback variance eliminated. Mr. Marchesani explained the need to move the garage from the rear basement of the home because of flooding at its present location. He noted that Village Engineer, Mr. Carosi, had confirmed the problem at a previous meeting and that the problem could not be corrected under normal conditions. Mrs. Fredman asked whether eliminating the two-story porch would help minimize he variance required. Chairman Zuckerman explained that the small covered porch is only 3 feet closer to the front property line than the rest of the home so the difference in the variance if it were removed would not be large. Mr. Grzan believes that if the Zoning Board of Appeals had made a determination before the Planning Board, the job of the Planning Board would be easier. As he sees it, the main concern in reviewing the site plan is screening in the Scenic Roads Overlay District. Chairman Zuckerman explained that the Zoning Board of Appeals might not hear the application until July. Mr. Agatston believes that most of the issues have been resolved. He moved to close the public hearing and Mr. Laufer seconded the motion. Chairman Zuckerman called for the roll: Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman asked the Board to advance the vote on the matter and call for the resolution that evening. Mr. Grzan asked if the Board could send the application to the Zoning Board of Appeals without approving the site plan. Page 8 of 11 April 24, 2008 Planning Board Minutes Approved Chairman Zuckerman reminded Mr. Grzan that all the issues have been addressed so that a vote is proper and that if the Zoning Board denies or changes the variance, the application would come back to the Planning Board. Chairman Zuckerman called for a motion to advance the vote and call for the resolution. On a motion made by Mrs. Fredman and seconded by Mr. Agatston, the roll was called: Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Mrs. Kandel read the resolution. Chairman Zuckerman asked for a motion on the resolution and a motion was made by Mrs. Fredman and seconded by Mrs. Schoen. Discussion on the wording of the resolution followed and the resolution was revised by Mrs. Kandel as directed by the Board. Chairman Zuckerman called for a vote on the resolution as amended: Mr. Agatston Yes Mrs. Fredman Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. April 24, 2008 APPROVED RESOLUTION APPROVING A SITE PLAN FOR 282 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD Page 9 of 11 April 24, 2008 Planning Board Minutes Approved WHEREAS, Mr. Jim Arnett has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval to construct a new second floor over the existing first floor and a new 1-story, 2- car garage addition at 282 North Ridge Street, Rye Brook, New York, designated on the Tax Assessor's Map as Section 13 5.27, Block 1, Lot 10 in the R-15 Scenic Roads Overlay 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. Topographic Property Survey, dated September 27, 2007, prepared by Ahneman Kirby, LLC, Civil Engineering and Land Surveying, Port Chester, NY. 5. Architect's Plans, prepared by Stephen Marchesani, Purchase, NY: Sheet Number Sheet Title Dated C-1 Site Plan 10/11/07; rev. 4/11/08 C-2 Existing Site Plan & Zoning Calc. 10/11/07; rev. 3/12/08 C-3 Details &Notes 10/11/07; rev. 4/10/08 C-4 Details &Notes 10/11/07; no revision Al Site Plans & Elevation 8/18/06; rev. 3/12/08 A2 First Floor Plan 8/18/06; rev. 3/12/08 A3 Second Floor Plan 8/18/06; no revision A4 Elevations 8/18/06; no revision A5 Rear Elevation 8/18/06; no revision 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 recommendations regarding the site plan, zoning, impervious surface coverage, gross floor area, storm water management, erosion and sediment control and the front yard setback and buffer plantings in the Scenic Roads Overlay District and the plans were revised according to the comments, reducing the size and number of area variances required for approval; and Page 10 of 11 April 24, 2008 Planning Board Minutes Approved WHEREAS, the residence and site plan, as proposed, would require the following variances for approval of the site plan: 1. A 7-foot variance from the minimum side yard requirement of 8 feet; 2. A 7.22-foot variance from the total of two side yards requirement of 40 feet; 3. A 509-foot variance from the maximum allowable gross floor area of 3,222 square feet; 4. A 14.27-foot variance from the minimum front yard requirement of 60 feet in the R-15 Scenic Roads Overlay District; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on April 24, 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 and the Planning Board closed the public hearing on April 24, 2008. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the site plans listed herein for a new second floor over the existing first floor and a new 1-story, 2-car garage addition to an existing single family dwelling located at 282 North Ridge Street, subject to the following conditions: 1. Approval of the proposed curb cut by Westchester County Department of Transportation; 2. Granting of the required area variances listed herein by the Village Zoning Board of Appeals; 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 along with a cover memorandum from the Planning Board shall be forwarded to the Village Zoning Board of Appeals upon approval. Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made by Mrs. Fredman and seconded by Mr. Grzan, the meeting was adjourned at 10:22 pm. Page 11 of 11