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HomeMy WebLinkAbout2008-06-12 - Planning Board Meeting Minutes June 12, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday June 12, 2008 — 8:00 PM ..................................................................................... ROLL CALL PUBLIC HEARING 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, NY, parcel I.D. 136.21-1-38 0 Considering a resolution OLD BUSINESS 2. Review of a Site Plan Application by Certilman Bailin Attorneys on behalf of KF (Rye Brook), LLC for a proposed residential development known as "Kingswood" on Anderson Hill Road, Rye Brook, NY, Parcel I.D. 129.35-1-13 3. Considering amendments to the Planning Board Rules of Procedure. 4. Considering amendments to Chapter 250 of the Village Zoning Code for report and recommendation to the Board of Trustees. NEW BUSINESS 5. Sketch Plan Review of a Site Plan Application by Joseph D. Moschitto for modification of an approved site plan regarding construction of a retaining wall, pool house and patio in the rear yard of 41 Hillandale Road, Rye Brook, NY, parcel I.D. 129.84-1-19. MINUTES 6. Review of the March 27 and May 22, 2008 Planning Board minutes. Page 1 of 11 June 12, 2008 Planning Board Approved DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS July 10, 2008 and August 14, 2008 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE-WEEK IN AD VANCE OF A MEETING AT(914) 939-1121 PRESENT BOARD Mr. Warren Agatston Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. Dominick Accurso STAFF Nicholas Ward-Willis, Esq., 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 Mr. Dolph Rotfeld, Village Engineering Consultant 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 compete 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 minutes via streaming video on the Village website. Chairman Zuckerman called for the first item on the agenda: Page 2 of 11 June 12, 2008 Planning Board Approved PUBLIC HEARING 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, NY, Parcel I.C. 136.21-1-38. Board Member Laufer, who owns the property adjacent to the rear yard of the subject property, is recused from review of the application and voting on the matter. Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, all members voted in the affirmative Mr. Gioffre of Cuddy and Feder, Attorney for the applicant, provided a brief overview of the proposed project. Mr. Gioffre noted the applicant has appeared before the Zoning Board of Appeals and was granted a 12.73-foot variance from the required front yard on Beechwood Boulevard, which makes the current site plan fully code compliant. Mr. Gioffre stated his belief that all previous concerns of the Board have been addressed. Chairman Zuckerman asked for comments from the public and there being none, asked for comments from the Board. Mrs. Schoen, while she appreciates the changes that were made, still has difficulty with the proposed screening around the parking area. She believes fuller and taller plantings are required. Mr. Gioffre responded by explaining the screening around the parking area is really screening on top of screening and noted his opinion that there is no requirement in the Village Code to add screening to hide cars. He stated there is ample screening around the property line. Mr. Charles Utschig of CMX, Engineer for the applicant, addressed the Board and gave a description of the plants that are being proposed explaining that the spruces and hardwood trees specified are tall species that upon planting will continue to grow much taller and will provide dense screening. Mrs. Fredman asked about the ornamental plantings proposed in the right of way. Mr. Utschig explained they were removed from the plan and all that remains are street trees recommended by Village staff that will not interfere with sight distances. The Board asked its counsel to comment on the drainage and sewer easement on the property. Mr. Ward-Willis explained that as a result of the easement a water pipe was installed on the property, but not a sewer pipe. The water pipe is shown on the plans; however, because there were no metes and bounds description of the easement area recorded for the easement, the easement itself is not shown. He noted that such an Page 3 of 11 June 12, 2008 Planning Board Approved easement is a private matter between property owners and is not a concern for the Planning Board. Mr. Carosi explained the facilities associated with the easement and how the easement came about. He added that we know from surveys where the portions of drainage pipe are located and that no construction will impact that area. Since there are no metes and bounds description recorded we do not know where the pipe begins so there is no way to plot it on a plan; therefore. Our best reasonable assumption of the location of the pipe is marked out by a dotted line on the plan. There is still an active storm drain in the area marked on the plan that empties into a village storm drain in Beechwood Circle. Mrs. Fredman asked if any of the new plantings would interfere with the existing drainage pipes. Mr. Carosi explained that impacts from plantings would ultimately be an issue between the homeowners. Mr. Ward-Willis also explained that if there was a problem in the future caused by the plantings it would be the responsibility of the owner of the property to correct/repair the damage. Mrs. Fredman asked about the geothermal system and if there was a hybrid system. Mr. Funtleyder explained there is but it uses a more toxic fluid and they did not want to use such a system for that and other reasons. Mr. Dean Santon, Hillandale Road, addressed the Board and stated his opinions regarding the easement. Mr. Santon stated there is a sketch plan that depicts the easement and it is on record in the Building Department and Westchester County. Mr. Santon believes the Planning Board has a responsibility to ensure that the easement is shown on the plans properly. Mr. Santon also addressed the screening of the parking court and believes the Board should ask for screening. He believes the trees being proposed are under story trees that will not grow to 50 or 60 feet as a shade tree would. He believes that what is proposed will not provide an adequate tree canopy. Mr. Santon addressed the geothermal system and believes a vertical system would require less space to install and result in the removal of fewer trees. He would also like the Board to consider requiring a front entry garage. Mr. Ward-Willis addressed the legal issues raised by Mr. Santon explaining that the Board is reviewing the application for site plan approval. Tree removal permits are issued by the Village Engineer so Section 235, suggested by Mr. Santon is not applicable here. The only code the Planning Board should be concerned with is Section 209-4 which requires landscaping. Mr. Ward-Willis also explained that the Board cannot require 1 for mitigation for removal of trees because they do not have authority to do so. Mr. Grzan stated his belief that if there is a recorded easement it should appear on the survey map. Mr. Ward-Willis responded that there is no doubt that an easement exists even though there are no metes and bounds recorded to depict where it is located. It was recorded Page 4 of 11 June 12, 2008 Planning Board Approved without a property description. The drain pipe has been depicted by the Applicant's Engineer as a dotted line on the plans, based on field observation and the area around the easement should remain clear in case the pipes need to be repaired in the future. Mr. Gioffre spoke about the easement and agrees that it is an agreement between private parties and is really of no concern of the Village or the Board. Mr. Gioffre addressed Mr. Santon's remarks and believes that he should be made to follow Planning Board rules and procedures and asked that the comments e-mailed by Mr. Santon to this Board late last night should respectfully not be considered by this Board. The geothermal system does not preclude any plantings and is environmentally friendly and will ultimately save an acre of trees. Mr. Gioffre stated that this plan is fully code compliant and requests that this public hearing be closed and a vote be taken tonight to expedite this project. Mrs. Timpone-Mohamed addressed the Board at their request and responded to Mrs. Schoen's question about the adequacy of the screening. Mrs. Timpone-Mohamed explained that she has done a thorough review of the landscape plan and in her opinion the plantings are of sufficient size and density to adequately screen the property. She believes the plantings will provide an adequate amount of screening for the driveway area and as they grow, will fill in any gaps adding that there is a second layer of plantings around the perimeter of the property as well. The plants around the garage are being put in at 6 feet, which should be enough to screen a vehicle. Mrs. Timpone-Mohamed added that the plants around the parking area will grow another 6 or 8 inches taller and they will spread in width and ultimately create a dense informal hedge. Mrs. Timpone-Mohamed continued to explain that the woods surrounding the property is a successional woods that grew up all at the same time and has invasive and non invasive species. The current landscape plan provides some additional canopy trees but it does not replace trees removed one for one. Mrs. Mohamed, in her opinion, believes that the current plan creates a more naturalistic woods with a greater diversity of species. Regarding stormwater management, she explained that it doesn't matter how far the tree canopy is away from the ground to provide or preserve ground water recharge as long as the water falls on the leaves, runs down the trunks and percolates into the soil. Mr. Agatston noted that the applicant has received approval from the Zoning Board for a variance from the required front yard and they have responded to the comments and concerns of the Board and have done an exemplary job, in his opinion, so he believes the Board should make a determination and move on. Mr. Santon addressed the Board again. Mr. Santon indicated a cherry laurel plant like the one proposed in the plan that he brought to the meeting is a hedge that will take time to grow. He showed the Board a picture of a number of these plants placed around a large SUV. Mr. Santon believes the Board has to decide if the proposed plan is adequate. He would like to see trees that will grow taller than 25 feet and is also concerned about the view from the neighbor's property. Page 5 of 11 June 12, 2008 Planning Board Approved Chairman Zuckerman asked for a motion to close the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr.Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman asked for a motion to advance for a vote on the application and a motion was made by Mr. Agatston, but there was no second. The application was adjourned to July 10t . Chairman Zuckerman called for the next item on the agenda: OLD BUSINESS 2. Review of a Site Plan Application by Certilman Bailin Attorneys on behalf of KF (Rye Brook), LLC for a proposed residential development known as "Kingswood" on Anderson Hill Road, Rye Brook, NY, Parcel I.C. 129.35-1- 13 Mr. Ward-Willis described the history regarding applications for the property and stated that the application is before the Planning Board for review and recommendation to the Board of Trustees who has approval authority for projects of significant importance to the Village. Mr. Ward-Willis stated that the applicant has provided much of the additional information asked for by staff and consultants and believes the application is ready for review, recommendation and referral back to the Trustees. He noted that the Town of Greenwich will not be issuing any written comments. Mr. Ward-Willis explained that if the current application is not approved, the applicant can build a hotel based on the stipulation agreement. Mr. Zuckerman explained that the Planning Board should make their recommendations within one month to comply with the timetable specified in the stipulation agreement. Mr. Grzan asked about unresolved issues with regard to the comments from F.P. Clarke. Mr. Ward-Willis responded most of the issues have been addressed. He believes all significant issues have been resolved. Mr. Agatston asked about waivers of certain Village Code requirements that may be necessary to comply with the stipulation agreement. Mr. Ward-Willis explained that the Village Board of Trustees can waive certain requirements. Page 6 of 11 June 12, 2008 Planning Board Approved Chairman Zuckerman asked about the outstanding items and if Mr. Rotfeld's report satisfies some of Mrs. Mohamed's outstanding comments and concerns. He also asked if the Building Inspector submitted comments. Mr. Ward Willis stated that Mr. Izzo and emergency services representatives have met and determined that their concerns were addressed, except for their objection to a gated entry. Mr. John Wagner, Attorney for the applicant, addressed the Board and thanked Mr. Ward-Willis for providing the background for the current application. He explained that in his opinion the plans and an expanded environmental assessment form submitted answer all the questions and concerns raised by the village staff and consultants. He stated that a memo from Mr. Izzo had been submitted that comments on the public safety aspects of the project. Mr. Mike Marinus, Engineer for the applicant, addressed the Board and discussed the memos from FP Clarke and Dolph Rotfeld and addressed the engineering issues. There was a concern about the increased rate of flow of storm water run off from the site. He explained that the rate and the peak rates would be reduced due to the retention on the site. He agreed that the locations for snow storage still need to be addressed. He noted that Mr. Rotfeld requested off site topography on the Blind Brook Club property, which they will provide. Mr. Rotfeld also asked about adequate capacity in the stream on the applicant's property and the Blind Brook Club property to handle peak flow. It is the applicant's belief that there is adequate capacity and additional design information will be provided to substantiate this. Chairman Zuckerman made note that the Port Chester Fire Chief stated that most fire responses would approach the site from the King Street. Mr. Marinus agreed and stated that the current site plan provides access from both directions along Anderson Hill Road and King Street. Mrs. Schoen asked about Mr. Izzo's comments that to ensure adequate emergency vehicle access there should not be a gate at the main entrance to the development. Mr. Marinus stated that he was not aware of the comments. Mr. Grzan asked about the location of the storm water retention ponds and Mr. Marinus explained the ponds need to be located at the lower end of the site. Mr. Grzan stated his opinion that the ponds should be moved and his belief that it can be done if some of the units are moved. He also has concerns regarding public safety and the ponds. Mr. Ward-Willis stated that it was already decided after meetings and discussions by the respective consultants that relocating the ponds was not feasible because of water flow and drainage concerns. Mrs. Fredman asked about safeguarding the retention ponds from public intrusion. Mr. Marinus responded that fencing has not been specified for the ponds but fencing could be provided if requested. Page 7 of 11 June 12, 2008 Planning Board Approved Chairman Zuckerman stated that while requiring a fence is a concern of the Board, he does not believe the Building Inspector or the Applicant has offered an opinion on the matter. Mr. Marinus described the ponds to the Board, noting the high water line of one pond is Elevation 298.5. The pond itself is designed to have two micro pools. The typical depth of the pond is 3 feet during all seasons in the micro pool area. The rest of the pond would be vegetated and only occasionally wet. Chairman Zuckerman went over the list of concerns in the Building Inspector's memo and asked Mr. Marinus if any of the items on the list were going to be a problem to resolve. Mr. Marinus responded he saw no problems with addressing the comments. Mr. Wagner stated that currently the gate specified would be a break away gate designed to provide for emergency access. Chairman Zuckerman noted that the Board would prefer not to have a gate at all and that this desire was reiterated by the Building Inspector in his memo. Michelle Lee, Architect for the applicant, addressed the Board and discussed the previous issues brought up by the Board and Village staff. She noted that the height of the sloped roofs is 30 feet and that most roofs in the plan are less then that. The chimney height is 37 feet, which she asserts is necessary to achieve the architectural design intent and to exhaust air from the mechanical equipment in the basements. Ms. Lee addressed the request for demarcation between residential areas and the wetlands. She stated that there will be a barrier, which would run along the delineated limits of the wetlands. It is proposed to be bollards that would be 2 feet 10 inches tall, spaced a maximum 30 feet apart, with a metal chain connecting each of them to the others. Ms. Beth Evans, of Evans Associates, addressed the Board regarding the wetlands. She stated that they reviewed the FP Clark memo and believe many of the comments to be technical in nature, and requiring only minor revisions. The applicant intends to minimize disturbance to the wetlands and propose a long term monitoring program for the project. Chairman Zuckerman asked that the outstanding issues in the FP Clark memo be addressed and suggested that Ms. Evans meet with Mrs. Mohamed to resolve them. Mr. Rotfeld, Village Engineering Consultant, addressed the Board. He stated that he made a site visit. He believes the engineering issues remaining can be resolved. Mrs. Schoen asked if because of the intensity of storms of late, should this Board be factoring into the plans for more than a 100-year storm and would like Mr. Rotfeld's opinion on that. Page 8 of 11 June 12, 2008 Planning Board Approved Mr. Rotfeld agreed regarding the intensity of the storms but is not sure where the line needs to be drawn and thinks it could lead to overkill explaining that a 100 year storm is a storm that has a 1 percent change of happening in a year. Mrs. Schoen asked if the tributary will be able to contain downstream flooding or will it contribute to more downstream flooding specific to this plan. Mr. Rotfeld responded that he believes we can do anything short of making it a 20 foot wide channel into the Blind Brook and believes that there have been officials/municipalities in the past who have attempted to institute corrective measures but were denied by the governing bodies and that is why there are flooding problems occurring today. Chairman Zuckerman asked if Mr. Rotfeld would be providing a more detailed report and he responded yes. Chairman Zuckerman asked if there was anyone from the Public who wanted to speak. Mr. Nick Lyras, President of Doral Greens Homeowner Association. Mr. Learas, stated that the Doral homeowners are concerned about the construction related dirt and dust, and the location of the construction entrance. He requested protection from all of the construction debris. He expressed concern about the buffer landscaping and wants to make sure it is satisfactory to them as well as the applicant. He also has a concern about the water supply and the pressure and would like to see a confirmation from United Water that the pressure would be adequate. They would like to request that the applicant provide a street light for safety and that it be designed to not disturb the residents and also agrees there should be no entrance gate. They would also like to know what the plans are for the corner of Anderson Hill Road and King Street and would like the lunch truck and the port-a-potty removed. Chairman Zuckerman asked Mr. Lyras what his feelings were about providing sidewalks along Anderson Hill Road. Mr. Lyras said he has not thought about it but added that he has never missed them and does not believe they would be used. Mr. Blatt, Manager of Blind Brook Club. Mr. Blatt stated concerns about landscape screening on the Club side of the property because of the location of greens and potential vehicular traffic into and out of the new development. Lighting is also a concern and the drainage onto Club property is very important to them as well. He also asked about the adequacy of the existing sewer line. Mr. Marinus responded to Mr. Blatt explaining that the sewer line is located on the Blind Brook Club property in an easement. It is a 10 inch pipe with a capacity that is less than 10 percent used. He noted that the landscaping plan includes a berm that will help screen the site. The construction entrance is proposed to be located on King Street and the water pressure issue is 92 PSI which is adequate. Page 9 of 11 June 12, 2008 Planning Board Approved Mrs. Schoen stated that she believes that a construction entrance on King Street is not a good idea because of traffic. Chairman Zuckerman thanked the applicant for his presentation and noted they will be on the agenda for July l Orh at which time the Planning Board will make its recommendations to the Board of Trustees Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 5. Sketch Plan Review of a Site Plan Application by Joseph D. Moschitto for modification of an approved site plan regarding construction of a retaining wall, pool house and patio in the rear yard of 41 Hillandale Road, Rye Brook, NY, parcel I.D. 129.84-1-19. Mr. Moschitto, the applicant, addressed the Board and explained that due to a field condition encountered during construction a 3 foot retaining wall is required as part of their grading plan. As a result it was decided to make some additional site plan changes in the back yard. Chairman Zuckerman stated that the application is missing several items such as a landscape plan required by the Board for review, so that the Board considered removing the application from the agenda. Mr. Carosi stated that Village staff and consultants have been working with the applicant for several months to improve the plans and deal with soil removal and grading issues on site. The applicant is before the Board again because of the extent of the revised grading plan caused by field conditions after construction of the new home. Chairman Zuckerman stated that until all the requested information is provided, the application will not be on the agenda. If all the information is submitted in the next two weeks the application can be on the next agenda. He suggested the applicant work with the Village staff to get that accomplished. Mrs. Fredman is concerned about the storm water run off and wants to make sure that it is addressed as well. Due to the late hour, two agenda items will be adjourned. Chairman Zuckerman asked that if there were any comments on these two items, Board members should send them to him in writing. Chairman Zuckerman then called for review of minutes: MINUTES 6. Review of the March 27 and May 22, 2008 Planning Board minutes. Page 10 of 11 June 12, 2008 Planning Board Approved Chairman Zuckerman called for a motion to approve the minutes of March 27 and May 22 and on a motion made by Mrs. Fredman and seconded by Mr. Agatston, all voted in favor. Chairman Zuckerman called for a motion to adjourn and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the meeting was adjourned at 11:06 pm. Page 11 of 11