Loading...
HomeMy WebLinkAbout2008-07-10 - Planning Board Meeting Minutes July 10, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY JULY 10, 2008 - 8:00 P.M. ROLL CALL PRESENT BOARD Mr. Dominick Accurso Mr. Warren Agatston Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman 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 Mrs. Patricia Sanders Romano, Board of Trustees Liaison Mr. Dolph Rotfeld, P.E., D.E.E., 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 of Procedure can be found on the Village website and also announced 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: PUBLIC HEARING 1. Continued Public Hearing of a site plan application by Mr. Marc Schlueter for an addition to the existing home at I Sunset Road,Parcel ID 135.73-1-24. • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on Application Page 1 of 10 July 10, 2008 Planning Board Approved Chairman Zuckerman called for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, all voted in the affirmative: Chairman Zuckerman noted that the application was originally referred to the Zoning Board of Appeals because it required two variances, one for the expansion of the second floor into the required front yard in the Lincoln Avenue Scenic Roads Overlay District and the other for the encroachment of a deck into the same required front yard and the SROD 35-foot vegetated buffer. Mr. Mike Csenge, Architect for the applicant, addressed the Board stating that the application was granted a variance for the expansion the second floor and that it is his understanding that Mr. Izzo, Rye Brook Building Inspector, determined that the deck was built before permits were required so a variance would not be required. Chairman Zuckerman responded that the deck does not conform to the code as it exists today. He continued saying there is a problem because the Planning Board has not received anything in writing from the Building Inspector to convey his opinion to the Board. Chairman Zuckerman explained that without written verification from the Building Inspector an approval vote tonight by the Board would be conditioned on a written determination from Mr. Izzo. Mr. Csenge discussed the request for a landscape plan stating that a landscape plan is not necessary because the existing vegetation is dense enough so that the house is barely visible from Lincoln Avenue. He stated that he could work with the owners to add some evergreens as there are none there now, but other than that in his opinion no other additional plants are needed. Mrs. Timpone-Mohamed, Village Planning Consultant, responded that it is difficult to determine if there adequate screening, particularly in the winter time, without seeing some type of landscape plan to determine if what is there now is adequate or if it needs augmenting. Chairman Zuckerman stated that the requirement for a landscape plan had not been waived and that he believes it is the consensus of the Board to adjourn the application to the August 14th meeting. He suggested that Mr. Csenge meet with the Village planning consultant regarding the landscape plan and also with Mr. Izzo regarding a written determination about the deck. Chairman Zuckerman called for a motion to adjourn the Public Hearing to August 14th and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the motion was passed by a vote of 7-0. Page 2 of 10 July 10, 2008 Planning Board Approved Chairman Zuckerman called for the next item on the agenda: RESOLUTION 2. Considering a Resolution to Act on 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 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 called for the resolution to be read by Mr. Ward-Willis. Chairman Zuckerman called for a motion to approve the resolution and a motion was made by Mrs. Schoen and seconded by Mr. Agatston. Discussion: Chairman Zuckerman noted for the record that there was one small change to the plan in regard to the screen plantings around the driveway. The plants species was changed to a species that will grow taller than the cherry laurels originally specified. Mrs. Schoen added that not only will they grow higher; but it is her understanding they will merge together into a hedge that would provide better screening. Mr. Accurso stated that he believes the Village made concessions to the applicant in regard to the reducing the required front yard setback, but the applicant did not make an equitable concession to the Village by voluntarily reducing the gross floor area of the structure. Therefore, he still does not believe the size of the home is in line with the rest of the homes in the neighborhood. Chairman Zuckerman called for the roll on the resolution: Mr. Accurso No Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Recused Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman called for the next item on the agenda: Page 3 of 10 July 10, 2008 Planning Board Approved OLD BUSINESS 3. Review of a Site Plan and Subdivision 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. Mr. John Wagner, Attorney for the applicant, addressed the Board stating that the applicant submitted revised plans on July 3rd in response to the memo from Frederick P. Clark Associates dated June 27. Mr. Ward-Willis noted that he prepared a report and recommendation for the Board to send to the Board of Trustees. He gave a brief summary of the application and went through the written recommendations, touching on some of the important issues and concerns of the Board, such as impacts to the wetlands areas of the site. Mr. Accurso discussed the heights of the units. Since they would be two stories, but not necessarily 30 feet in height, he believes stating "30 feet in height" is not needed because the units may not all be 30 feet high. He suggested the report should only reference two (2) stories. Mr. Carosi noted that 30 feet is the maximum height allowable by the Village Code. The Board agreed that the report should read "two (2) stories with a maximum height of 30 feet. Mr. Accurso noted that it would be possible to convert the basements of the units into habitable space as stated by the applicant's architect. He is concerned there may be a conflict because a habitable space requires light, air, and a means of emergency egress. Therefore, a resident may need to alter the building exterior to provide the requirements when renovating a basement area; however, the units would be subjected to a deed restriction that forbids alteration of the exterior of the building. Chairman Zuckerman suggested that the report be revised to state that a basement may be made habitable without alterations to the exterior of the building. Mr. Carosi agreed to the wording adding that any interior or exterior alteration would go through the normal building permit process. Mr. Accurso wanted it noted for the record that although he has mentioned the issue of affordable or workforce housing before, he is again asking if the applicant's plan makes any provision for housing for Village police, fire or emergency workers. Mr. Ward-Willis noted that there is no provision in the stipulation agreement regarding the property for construction of affordable housing. Mr. Accurso responded by asking if there was any restriction regarding affordable housing. Mr. Ward-Willis responded that if the approval authority required affordable Page 4 of 10 July 10, 2008 Planning Board Approved housing to approve the development application, the applicant could refuse to do so and choose to build a hotel. Mr. Accurso asked why the number of units was reduced from 43 to 30 units. He believes 43 units would be too many units and he thinks 30 will be too many as well. Mr. Ward-Willis responded that 43 units would have required more regulatory approvals from the Army Corp of Engineers. Mr. Grzan asked if the Village Code is applicable to the portion of the project that is not in the Village at which Mr. Ward-Willis responded that it is not. Mr. Ward-Willis continued to review the points of the report with the Board. He mentioned the Village concerns and request to the applicant regarding the provision of adequate street lighting on Anderson Hill Road, noting that the applicant has responded with a refusal to install street lighting. He suggested provision of street lights on Anderson Hill Road may be included as condition of approval. Mr. Grzan asked if the road in the development would be private or would be dedicated to the Village. Mr. Ward-Willis responded that the roads would be private and would eventually be maintained by the Homeowners Association. In regard to the height of the building chimneys, Mr. Accurso does not believe it is a Planning Board issue, but an issue for the Architectural Review Board. Chairman Zuckerman stated that the applicant should understand that the Board is not in favor of tall chimneys. Mrs. Fredman suggested that the Architectural Review Board should be mentioned in the report and that the Board politely defer the issue to them. Mr. Grzan believes the recommendation to reduce the height of the building chimneys should remain as it was written. Mrs. Fredman suggested that the Board should not recommend a pool. Mr. Laufer had no problem making a suggestion that open space should be included in place of a swimming pool,but he believes it is the applicant's decision. There being no further discussion or questions, Chairman Zuckerman asked Mr. Ward- Willis to read the resolution making the recommendation to the Board of Trustees. Chairman Zuckerman called for a motion on the resolution adopting the Report and Recommendation on the proposed Kingswood residential project, and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, Mr. Carosi called the roll: Page 5 of 10 July 10, 2008 Planning Board Approved Mr. Accurso No Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Mr. Grzan and Mrs. Fredman both thanked Mr. Ward-Willis for his hard work and diligence on this application. Chairman Zuckerman added that it is the function of the Planning Board in this matter to frame the issues and make recommendations where needed. He believes the Board has accomplished its function with the assistance of all its consultants and the Village staff. Mr. Nick Lyras, President of Doral Greens Homeowner Association, thanked the Board on behalf of Doral Greens and stated his belief that the project is on the right track. Chairman Zuckerman called for a 5 minute recess. RECONVENE Chairman Zuckerman called for the next item on the agenda: 4. Considering amendments to the Planning Board Rules of Procedure. Chairman Zuckerman asked for comments or questions from the Board and there being none, called for Mr. Ward-Willis to read the resolution. Chairman Zuckerman called for a motion to approve the resolution and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the motion passed by a vote of 7-0 5. Considering amendments to Chapter 250 of the Village Zoning Code for report and recommendation to the Board of Trustees. Chairman Zuckerman noted that the amendments were also referred to the Zoning Board of Appeals and Chair Mark Harmon stated that the latest revisions were satisfactory and that the Zoning Board approves the adoption of the revisions. Chairman Zuckerman asked Mr. Ward-Willis to read the resolution referring the amendments back to the Board of Trustees. Page 6 of 10 July 10, 2008 Planning Board Approved Chairman Zuckerman called for a motion on the resolution and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the motion passed by a vote of 7-0. NEW BUSINESS 6. 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. • Considering a Resolution to Schedule the Public Hearing Chairman Zuckerman said he would like the Board to note that it is the first time the Board is using the new Section 209 jurisdiction form.. Mr. Moschitto, owner/applicant, addressed the Board stating that he received Mrs. Timpone-Mohamed's memo and he believes all items in it have been addressed along with the issues brought up by Mr. Carosi regarding storm water runoff. There being no further questions or comments, Chairman Zuckerman called for a motion to set the Public Hearing for August 14 and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, and the motion passed by a vote of 7-0. Chairman Zuckerman called for the next item on the agenda: 7. Review of a Site Plan Application by John G. Searlato on behalf of Mrs. Rusciano for an addition to the rear of an existing single family dwelling to convert it into a two-family dwelling at 52 Hillcrest Avenue. Mr. Todd Page, Architectural Consultant for Mr. Scarlato, addressed the Board and noted that the application was referred to the Zoning Board of Appeals and the Zoning Board asked for slight modifications to the second floor to adjust the gross floor area. The Zoning Board also requested the removal of the portico to increase open space on the property. All variances required for site plan approval were granted by the Zoning Board of Appeals. Mr. Agatston asked if the revised plans have been submitted to the Building Department. Mr. Page stated he brought the revised plans with him. Chairman Zuckerman asked Mr. Ward-Willis to read the resolution setting the public hearing for August 14th Chairman Zuckerman called for a motion to approve the resolution and a motion was made by Mrs. Schoen and seconded by Mrs. Fredman. Page 7 of 10 July 10, 2008 Planning Board Approved Mr. Grzan asked if the applicant had submitted a Short EAF. Mrs. Timpone-Mohamed responded that the application that originally came in had all the required submissions. He asked if the applicant would be required to submit a revised form based on the revised plan and the answer was no. Chairman Zuckerman asked Mr. Carosi to call the roll and the motion was adopted by a vote of 7-0. Chairman Zuckerman called for the next item on the agenda: 8. Review of a Site Plan Application by Peter Stahl on behalf of Win Ridge Realty for change of use regarding the Movie Theater located at 1 Rye Ridge Plaza, Rye Brook,NY,parcel I.D. 141.27-1-6. Mr. Laufer stated that about 5 years ago he was represented by Mr. Silverberg, the applicant's attorney, at the Planning Board so that he may need to recuse himself from deliberating the application. Chairman Zuckerman stated that he believes it would not be necessary for Mr. Laufer to recuse himself and a short poll of the Board and the applicant showed no opposition to Mr. Laufer deliberating the application. On behalf of the applicant, Mr. Silverberg gave a brief overview of the application which is a change of use from a movie theater to retail and possibly restaurant uses. He noted that a memo was submitted to FP Clark Associates regarding parking and traffic and asked if the Board could expedite the application. Mr. Jim Ryan of John Meyer Consulting addressed the Board. His company is assisting the applicant with planning and traffic analysis. He explained the project is the conversion of an existing two story theatre space with a gross floor area of 6,000 square feet on each of two levels into two floors of retail and restaurant space. The plans show that there were 139 parking spaces allocated for the theater that would be allocated for the new retail/restaurant use. The application proposes no changes to the site plan other than the change of use. The Village has allowed the applicant to seek input from FP Clark Associates who asked that a parking and traffic study be performed, which they have completed and recently provided to the Village, though not in time to be reviewed for the meeting. Chairman Zuckerman stated that the shopping center has changed considerably over the years and he is concerned that the zoning/parking study reflects all the current uses. He is not completely certain that there are actually 139 spaces available for the proposed uses. The code may have changed over time regarding the uses and the number of spaces required potentially causing non conformities regarding parking. The parking and traffic study should include current as well as proposed uses. Mr. Silverberg stated that the last time the applicant was before the Planning Board, it was it was determined that the shopping center is non conforming in regard to required Page 8 of 10 July 10, 2008 Planning Board Approved parking spaces. The study will show what the total parking space usage is now, what the parking counts are and compare the data to what the uses will be. Chairman Zuckerman stated his desire that all the facts should be before the Board so it may make recommendations to the Board of Trustees. Mrs. Schoen has a concern with a traffic study completed during the summer because she believes it would not reflect the same level of traffic present in September when school is in session or people are Christmas shopping and does not believe now is a good time to do a traffic study. Mrs. Timpone-Mohammed clarified that her office asked the applicant to do the traffic counts before the July O weekend, which is before people go on vacation. Mrs. Schoen responded that by July 4 school was already out and she does not believe the report will be accurate. Chairman Zuckerman is curious as to what are the legal requirements for parking and what is the current parking situation, which is why he believes a zoning study regarding parking and not just a traffic study is required to fully analyze the parking requirements, the current situation and the parking needs of the proposed change of use. Mr. Silverberg stated that the applicant does not plan to add an Applebee's or any specific tenant to the shopping center. Mrs. Fredman asked that the applicant include the changes made from medical to retail use in the study believing that information will help the Board to make its decision. Mr. Ward-Willis asked about what he perceived to a discrepancy regarding the floor area square footages noted on the plan. Mr. Ryan responded that some of the floor area of the restaurant space would be used for storage, not seating. The parking space requirement is based on the number of seats in the restaurant, which is dictated by the floor area available for tables and seating. Mr. Agatston asked if the 12,000 square feet of floor area could be split into two spaces, one for a restaurant and the other for retail. Applicant responded that it could. Mr. Accurso asked about the proposed increase in floor area and the response was that the 12,000 square-foot total was achieved by building a second floor in the two-story theater space thereby doubling the size of the 6,000 square foot theater space. Mr. Silverberg pointed out that the space increase was achieved by an interior renovation; the building height would not be increased. Chairman Zuckerman adjourned the application to the meeting of August 14tH Page 9 of 10 July 10, 2008 Planning Board Approved Chairman Zuckerman called for the final item on the agenda: MINUTES 9. Review of the June 12, 2008 Planning Board minutes. Chairman Zuckerman called for a motion to approve the minutes of June 12, 2008 and on a motion made by Mr. Grzan and seconded by Mr. Agatston, Mr. Carosi called the roll: Mr. Accurso Recused(not present at the meeting) Mr. Agatston Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman called for a motion to adjourn and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the meeting was adjourned at 10:02 pm. Page 10 of 10