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HomeMy WebLinkAbout2008-05-08 - Planning Board Meeting Minutes May 8, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday May 8, 2008 - 8:00 p.m. ......................................................................... ROLL CALL PUBLIC HEARING 1. 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. • Considering a Resolution to Open the Public Hearing • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on Application OLD BUSINESS 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, parcel I.D. 136.21-1-38. • Considering a Resolution to Act on Application. 3. Review of a Home Occupation Permit Application by Mr. Paul Burack for a Tier II home occupation at 26 Brook Lane Parcel ID 135.65-1-6, for report and recommendation to the Board of Trustees. • Applicant Requests Adjournment NEW BUSINESS 4. Considering a Resolution to Amend Meeting Dates MINUTES 5. Review and Approval of the March 13, 2008 Planning Board minutes DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Pagel of 8 May 8, 2008 Planning Board Approved Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS May 22, 2008 and June 12, 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(914) 939-1121 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 Carosi, P.E., Village Engineer Ms. Shari Melillo, Planning Board Secretary Mrs. Patricia Sanders Romano, Village 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: PUBLIC HEARING 1. 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. • Considering a Resolution to Open the Public Hearing • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on Application Page 2 of 8 May 8, 2008 Planning Board Approved Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chair Zuckerman Yes Motion carried. Chairman Zuckerman explained that the application is before the Planning Board because it is in the Lincoln Avenue Scenic Roads Overlay District. The applicant proposes modifications to the property and the Village Code requires the Planning Board to review any such modifications. For the benefit of the public, the Chairman briefly summarized the project noting the proposed 2nd floor addition over the existing first floor encroaches into the required 45- foot set back from the Lincoln Avenue Scenic Roads Overlay District, requiring variance(s) to construct. He also noted existence of a deck less than 18-inches in height. The legality of the deck is questioned and it must be determined if it is a legal or illegal non-conformity. The Chairman acknowledged communication from the Village Engineer with respect to the applicant's request for waivers from certain provisions of the site plan regulations. He advised that the Board will ultimately rule on such requests and at the present time is considering the recommendation of the Village Engineer. The applicant was advised that a landscape plan is required. Mr. Csenge, Architect for the applicant, addressed the Board and gave a brief overview of the application for a second floor addition. Mr. Csenge noted that a very small portion of the project falls within the Scenic Roads Overlay District. Mr. Csenge added that a new survey was recently completed at the request of the Board. The survey was received by his office late the previous day and he noticed some discrepancies on the survey that he would like to discuss with the surveyor prior to submitting it to the Board. Chairman Zuckerman, noting that there is still some work to be done, asked the Board to consider adjourning the application and referring it to the Village Zoning Board of Appeals for review and determination regarding the requested variance(s). Mr. Accurso asked for clarification of which part of the project is in the Scenic Roads Overlay District. Mrs. Mohamed responded that the entire lot is included in the district but regarding the application, the Board should only be concerned with the portion of the Page 3 of 8 May 8, 2008 Planning Board Approved project that is within and adjacent to the Lincoln Avenue front yard of the property. Mr. Accurso then noted that the plans show both sides are marked with setback information for the Overlay District. Mr. Csenge acknowledged the error and stated he will have it corrected and submit revised plans. Chairman Zuckerman called for the resolution referring the application to the Zoning Board. Mrs. Mohamed read the resolution: Chairman Zuckerman called for a motion on the resolution and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chair Zuckerman Yes Motion carried. May 8, 2008 APPROVED RESOLUTION REFERRING A SITE PLAN TO CONSTRUCT A SECOND FLOOR ADDITION ON AN EXISTING SINGLE FAMILY DWELLING AT 1 SUNSET ROAD TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Marc Schlueter 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 second floor addition over the existing first floor of a single family residence at 1 Sunset Road, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.73, Block 1, Lot 24 in the R-10 Scenic Roads Overlay District; and Page 4 of 8 May 8, 2008 Planning Board Approved WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application 2. Short Environmental Assessment Form 3. Exterior Building Permit Application 4. A Survey of the Lot dated April 27, 1950 5. Architect's Plans, prepared by MSC Group, Architects & Planners, New Rochelle, NY: Sheet Number Sheet Title Dated A011 General Information 12/06/07, revised 4/22/08 A 012 GeneralIgformation 01/22/08 A 013 General Requirements 01/22/08 A 101 First Floor Plans 12/05/07, revised 1/21/08 A 102 Second Floor Plans 12/05/07, revised 2/21/08 A 103 Lighting Plans 01/21/08, revised 2/21/08 A 104 Foundation and Roof Plan 01/21/08, revised 2/21/08 A 201 Front and Left Side Elevation 12/05/07, revised 2/21/08 A 202 Rear and Right Side Elevation 12/05/07, revised 2/21/08 A 301 Schedules and Interior Elevations 01/21/08, revised 2/21/08 A 302 Wall Section and Details 01/21/08; And WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information provided, submitted comments and made recommendations regarding landscaping in the Scenic Roads Overlay District, zoning, tree protection and construction management; and WHEREAS, the residence and site plan, as proposed, would require the following area variances subject to verification by the Building Inspector for approval of the site plan: 1. A 1-foot 2-inch variance for the second floor addition from the front yard requirement of 45 feet on Lincoln Avenue for the 43-foot 10 inch front yard proposed. 2. A 27-foot 5-inch variance from the minimum front yard requirement of 45 feet on Lincoln Avenue for an existing non-conforming deck. WHEREAS, the Planning Board believes that pursuant to § 179-12 of the Village Code this application should be referred to the Village of Rye Brook Zoning Board of Appeals for a determination on the two (2) area variances Page 5 of 8 May 8, 2008 Planning Board Approved 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 an addition to the existing dwelling at 1 Sunset Road to the Village of Rye Brook Zoning Board of Appeals for a determination on the two (2) area variances; and BE IT FURTHER RESOLVED, once the Zoning Board of Appeals has made its determination on the two (2) 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 Village Attorney and Village Planner shall create a cover memorandum outlining the planning issues 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 applicable Planning Board minutes related to this application shall be sent to the Zoning Board of Appeals. Chairman Zuckerman asked the Board to adjourn the matter to July 10, 2008. Without objection, the Board unanimously approved the adjournment. Chairman Zuckerman called for the next item on the agenda: OLD BUSINESS 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, parcel I.D. 136.21-1-38. • Considering a Resolution to act on Application Chairman Zuckerman noted that the applicant has requested an adjournment to the meeting of May 22nd. The application was adjourned to May 22,nd 2008. Page 6 of 8 May 8, 2008 Planning Board Approved Chairman Zuckerman called for the next item on the agenda: 3. Review of a Home Occupation Permit Application by Mr. Paul Burack for a Tier II home occupation at 26 Brook Lane Parcel ID 135.65-1-6, for report and recommendation to the Board of Trustees. •Applicant Requests Adjournment Chairman Zuckerman explained that the applicant has asked for an adjournment. The application was adjourned without a scheduled date,pending receipt of new plans. Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 4. Considering a Resolution to Amend Meeting Dates 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 Mrs. Schoen, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chair Zuckerman Yes Motion carried. May 8, 2008 APPROVED RESOLUTION VILLAGE OF RYE BROOK PLANNING BOARD BE IT RESOLVED, that the Planning Board hereby cancels its June 261H July 24th and August 28th meetings. Page 7 of 8 May 8, 2008 Planning Board Approved Chairman Zuckerman called for the last item on the agenda: MINUTES 5. Review and Approval of the March 13, 2008 Planning Board minutes Chairman Zuckerman asked for a motion to approve the minutes and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chair Zuckerman Yes Motion carried. Chairman Zuckerman asked for a motion to adjourn and a motion was made by Mrs. Schoen and seconded by Mrs. Fredman. Mr. Grzan asked if he could bring up a topic of concern under discussion items on the agenda. He would like to revisit the Planning Board Rules of Procedure with special attention to referring applicants to the Zoning Board of Appeals. Chairman Zuckerman explained that at the May 22nd meeting the Board would be discussing some housekeeping issues, i.e., minutes and proposed changes to the Planning Board Rules of Procedure. Chairman Zuckerman asked for a vote on the motion to adjourn: Mr. Accurso Yes Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chair Zuckerman Yes Motion carried. The Meeting was adjourned at 8:26 pm. Page 8 of 8