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HomeMy WebLinkAbout2008-08-14 - Planning Board Meeting Minutes August 14, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday August 14, 2008 - 8:00 p.m. ......................................................................... ROLL CALL MINUTES 1. Review of the July 10, 2008 Planning Board minutes PUBLIC HEARING 2. Continued Public Hearing 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 Close the Public Hearing • Considering a Resolution to Act on Application 3. Site Plan review of an Application by John G. Scarlato on behalf of Mrs. Rusciano for a proposed addition to the rear of an existing single family dwelling and conversion of the single family dwelling into a two-family dwelling for the property listed as 52 Hillcrest Avenue, Rye Brook,NY, Parcel I.D. 135.76-1-11. • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on Application 4. 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 Close the Public Hearing • Considering a Resolution to Act on Application CONTINUED BUSINESS 5. 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. • Considering a Report and Recommendation to the Board of Trustees Page I of 22 August 14, 2008 Planning Board Approved 6. Review of a Site Plan Application by Steven Anello for the teardown and reconstruction of the existing retaining wall located at 49 Lincoln Ave, Rye Brook,NY,parcel I.D. 135.41-1-15. • Considering a Resolution to Schedule a Public Hearing NEW BUSINESS 7. Considering a Resolution rescheduling the October 9 and 23, 2008 meetings to October 16, 2008. 8. Review and Discussion of a Local Law regarding Chapter 250, Section 6(G)(1)(e) of the Code of the Village of Rye Brook, entitled Operation and maintenance of off-street parking facilities • Considering a Report and Recommendation to the Board of Trustees 9. Sketch Plan conference requested by Peter Murray on behalf of Loewen Development Corp. for a proposed Subdivision located at 40 Lincoln Avenue, Rye Brook,NY parcel I.D. 135.49-1-2 DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to the consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS September 11, 2008 & September 25, 2008 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE-WEEK IN ADVANCE OF A MEETING AT (914) 939-1121 Page 2 of 22 August 14, 2008 Planning Board Approved PRESENT BOARD Mr. Dominick 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. Victor G. Carosi, P.E., Village Engineer Mr. Mike Nowak, Jr. Village Engineer Ms. Shari Melillo, Planning Board Secretary Mrs. Patricia Sanders Romano, Village Board 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 of Procedure can be found on the Village website and he announced that the public can view the Planning Board minutes via streaming video on the Village website. Chairman Zuckerman called for the first item on the agenda: MINUTES 1. Review of the July 10, 2008 Planning Board Minutes Chairman Zuckerman asked for a motion to accept the minutes of July 10, 2008 and on a motion made by Mr. Grzan and seconded by Mrs. Fredman, the roll was called: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chair Zuckerman Yes Motion carried. Chairman Zuckerman called for the next item on the agenda: Page 3 of 22 August 14, 2008 Planning Board Approved PUBLIC HEARING 2. Continued Public Hearing 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 Close the Public Hearing • Considering a Resolution to Act on Application Mr. Mike Csenge, Architect for the applicant, stated that an existing conditions Landscape Plan was completed and submitted for review. While he received comments regarding the plan, a proposed Landscape Plan is not ready for submission as Mr. Csenge was not able to meet with the Schlueters' to discuss the comments. Mr. Csenge advised the Board that the owner is aware of their concerns regarding landscaping the property and that the applicant intends to provide a landscape plan. Chairman Zuckerman advised that he would not consider voting on the application tonight without the submission and review of an appropriate Landscape Plan. He also asked Mr. Csenge, in regard to the deck, if the owner might have a survey that shows when the deck was built. Mr. Csenge responded that the owner has only the original survey from construction of the home in the 1950's. Chairman Zuckerman called for a motion to close the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes After the Board voted to close the Public Hearing, Mr. Grzan offered his opinion regarding the issue of the age of the deck. He stated that he reviewed the notes from the Zoning Board of Appeals relating to the project, in which the ZBA came to a consensus that the deck pre-dated the Rye Brook Zoning Code changes in 2003 that made it non- conforming. Chairman Zuckerman acknowledged the ZBA opinion; however he believes the issue should be addressed in any resolution the Planning Board adopts regarding the matter. The application was adjourned to the meeting of September 11, 2008. Chairman Zuckerman called for the next item on the agenda: 3. Site Plan review of an Application by John G. Scarlato on behalf of Mrs. Rusciano for a proposed addition to the rear of an existing single family Page 4 of 22 August 14, 2008 Planning Board Approved dwelling and conversion of the single family dwelling into a two-family dwelling for the property listed as 52 Hillcrest Avenue, Rye Brook, NY, Parcel I.D. 135.76-1-11. • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on Application Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion by Mr. Grzan and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman noted for the record that the project was before the Zoning Board of Appeals and that variances were granted. The Village Planner noted a minor technical item was omitted from the zoning analysis chart, but the omission would be corrected tonight. Chairman Zuckerman asked for comments from staff and the planning consultant. Neither staff nor the consultant had comments concerning the project. No comments were received from the Public. Mr. Accurso discussed with the architect some technical items on the drawings relating to the representation of the proposed foundation construction. There being no further comments from the Board or the public, Chairman Zuckerman called for a motion to close the Public Hearing and on a motion made by Mr. Grzan and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Page 5 of 22 August 14, 2008 Planning Board Approved Chairman Zuckerman suggested the Board consider advancing the vote tonight and with unanimous approval by the Board, he asked Mrs. Timpone-Mohamed 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, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. August 14, 2008 6-0 RESOLUTION APPROVING A SITE PLAN FOR 52 HILLCREST AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. John G. Scarlato, on behalf of Maria Rusciano and Peter Mutino, has made an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval to construct an addition to an existing single family home to change it to a two-family residence at 52 Hillcrest Avenue, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.76, Block 1, Lot 11 in the R-2F District; and WHEREAS, the Planning Board reviewed the following revised plans and application materials: 1. Site Plan Application 2. Exterior Building Permit Application 3. Short Environmental Assessment Form 4. Architect's Plans, prepared by John G. Scarlato Jr., Architect, Armonk, NY: Sheet Number Sheet Title Dated A-1 Plot Plan, Zoning Chart, General Notes, Code Section revised 5/19/08 A-2 Exterior Elevations revised 5/19/08 Page 6 of 22 August 14, 2008 Planning Board Approved A-3 Sections, Details, Site Work Notes revised 5/19/08 A-4 Basement/Foundation Plan, Roof Plan revised 5/19/08 A-5 First Floor Construction Plan, First Floor Reflected Ceiling /Electrical Plan revised 5/19/08 A-6 Second Floor Construction Plan, Second Floor Reflected Ceiling/ Electrical Plan revised 5/19/08 and 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, storm water management and erosion and sediment control and the plans were revised according to the comments; and WHEREAS, the Planning Board referred the Application to the Zoning Board of Appeals on February 8, 2008 for review and determination regarding the variances required for the site plan; and WHEREAS, on July 1, 2008 the Village Zoning Board of Appeals granted the following variances: 1. A 9.45-foot variance from the minimum front yard requirement for the frontage on Irenhyl Avenue. 2. A 69 square-foot variance from the maximum allowable gross floor area. 3. A 2.5% variance from the allowable front yard impervious surface coverage. 4. A 0.92 variance from the required front height/setback ratio for the frontage of Irenhyl Avenue. 5. A variance from the requirement of no changes to the exterior of the building as stated in Section 250-25.L.2.b of the Village Code. 6. A variance from the requirement for egress to the rear yard of the building for each apartment as stated in Section 250-25.L.2.c of the Village Code; and 7. A 1,084 square-foot variance from the minimum allowable usable open space; and Page 7 of 22 August 14, 2008 Planning Board Approved WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on August 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 and the Planning Board closed the public hearing on August 14, 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 two-family residence located at 52 Hillcrest Avenue; 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. Chairman Zuckerman called for the next item on the agenda: 4. 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 Close the Public Hearing • Considering a Resolution to Act on Application Chairman Zuckerman asked for a motion to open the Public Hearing and on a motion made by Mrs. Fredman and seconded by Mr. Laufer, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Mr. Anthony Gioffre, Attorney for the applicant, addressed the Board making note that Mr. Moschitto, the applicant, was present along with members of the design team. Mr. Gioffre gave a brief overview of the current application and the history of the project and noted the applicant seeks an amendment to an approved site plan. Mr. Gioffre noted that the engineering related comments of Mr. Carosi are addressed and the team also Page 8 of 22 August 14, 2008 Planning Board Approved addressed comments raised in Mrs. Timpone-Mohamed's last memo including clarification of some landscape matters. Mr. Elliott Senor, Engineer for the applicant, addressed a question concerning the proposed piers at the end of the driveway, noting that lights are proposed on the top of the piers. Mrs. Timpone-Mohamed addressed the Board. She stated that the applicant revised the plans according to her comments regarding matters related to impervious surfaces and lot coverage. The landscape plan was carefully reviewed to insure that the trees indicated on the tree survey provided for in the approved plan, and the re-numbered trees shown on the tree survey provided with the current application, all accurately reflect the existing trees standing on the property. A minor matter relating to a Mulberry mislabeled as a Cherry tree was noted and acknowledged by the applicant. Mrs. Mohamed stated that the landscape plan would provide satisfactory screening capability. Mrs. Schoen asked about the screening on the pool house side and Mr. Craig Studer, Landscape Designer for the applicant, responded that the plan includes mature existing evergreen trees, including Arborvitae and Holly and new large evergreens that are very dense specimens and will continue to grow larger after installation. Chairman Zuckerman asked at what size new plants are shown on the plan and Mr. Studer responded that the plan depicts new plants at approximately 3-years of additional growth after installation. Mr. Carosi, Village Engineer, addressed the Board regarding the Storm Water Management Plan, which he explained is critical on a property with a large amount of impervious surface. He referenced his memo of July 29, explaining that he made sure, during his review of the proposed plan, that the system is balanced across the drywells proposed. All the drywells around the house would be connected to each other so they would act as one system. Mr. Carosi told the Board that it is his opinion that all engineering matters are addressed and the drywell system is sufficient to control a 25- year storm. Mrs. Fredman asked how the system would handle a 100-year storm. Mr. Carosi responded that there may be additional runoff from a 100-year storm; however, the new plantings and lawn would slow the stormwater runoff resulting in a minimal impact to surrounding properties. Mrs. Schoen and Mr. Accurso commented on the use of the 25-year storm as the standard for planning purposes. Mr. Laufer asked if there is a history of water problems at the site and whether the Board should require a higher design standard. Page 9 of 22 August 14, 2008 Planning Board Approved Mr. Carosi responded that during construction storm water run-off problems have occurred at the site, including breaching of the site erosion controls. He noted that this is a construction site management problem that should not continue after the site construction is completed. Mr. Laufer wanted to clarify that the proposed storm water management system would improve that situation even with the construction of more impervious surface. Mr. Carosi responded that because the site construction is not completed, the site has not yet been graded, the pool and patios are not built, there is a large stockpile of soil on the property, the sub-surface drainage systems are not installed, and the soil surface is open and devoid of vegetation, there may be some storm water run-off onto adjacent properties despite the erosion controls in place. He stated his belief that once the site construction is completed and the site features are installed the current problems will be alleviated. Chairman Zuckerman asked if, when construction is completed, storm water management will be better, worse, or the same as it is now and Mr. Carosi responded it will be improved because all runoff from the new impervious surfaces will be collected and delivered into the infiltrator system in accordance with the proposed plan. Mrs. Fredman recalled that there was an issue with an easement on the property and asked if it was resolved. Mr. Gioffre responded that the applicant had worked with Mrs. Kandel's office to rectify the easement matter. The correct control number has been placed on the plans and the meets and bounds are now correctly shown on the plans. Mr. Santon, of 39 Hillandale Road, one of the properties adjacent to 41 Hillandale addressed the Board. He referred the Board to Section 209-4 of the Village Code regarding the ability of the Board to consider the adequacy of the storm water management plan. He also noted that 26 large, deciduous trees that would have, in his opinion, screened the entire project from his property were removed. He believes the trees proposed by the landscape plan leave a large open area that makes the new home visible from his home and rear yard. He is also concerned that the spruce trees proposed will grow too large and get top heavy,posing, in time, a hazard to his property. Mr. Santon discussed the rain event of February 13th, 2008 and provided pictures to the Planning Board of surface runoff and dirt that entered his property from the unfinished construction at 41 Hillandale during the storm. Mr. Santon expressed his concern that rain events continue to happen and his desire that efforts be made to ensure that run-off and dirt is not deposited on his property in the future. Mr. Laufer asked if the pictures were taken after the site was regraded. Mr. Santon responded in the affirmative. Page 10 of 22 August 14, 2008 Planning Board Approved Mr. Santon asked about adding a swale to capture surface runoff and direct it away from his property. Mr. Carosi responded that swales are used under certain design conditions, but on this particular property, with the storm water system installed and the soil stockpile removed, a swale should not be necessary and it may cause additional problems. Mrs. Schoen asked the applicant to consider alternative evergreen plant species for the south side of the project, adjacent to Mr. Santon's property Mr. Santon and the Board continued to discuss his concerns about revisions to the grading plan, the easement, removal of mature trees from the site and the landscape plan. In terms of screening, Mr. Santon would like to see more deciduous trees planted to screen the applicant's house from his property. Chairman Zuckerman suggested Mr. Santon meet with Mr. Moschitto's team to address his concerns regarding the landscape plan. Mr. Moschitto addressed the Board, explaining that his goal is to get his family moved into the new home and that he would like the Board to close the Public Hearing tonight. Chairman Zuckerman responded that based on the current discussion there are still issues that need to be addressed and he hoped the applicant's professional consultants would work to get the issues resolved. Mr. Moschitto complimented the Board for their assistance to date and stated he will work with the Village staff to get what needs to be done completed. Mr. Gioffre stated that he too was hopeful that the Public Hearing would be closed and asked the Board to advise him as to the open issues. Mrs. Schoen said she would like an alternative to the Spruces proposed. Mr. Grzan agreed that screening seems to be the major issue. Mr. Laufer also has issues with the proposed screening and is concerned with regard to the easement issue. Chairman Zuckerman stated that he believes that the storm water problem will be resolved with the completion of construction, but he is concerned that the plans are not accurate. He also would like the Village Attorney to provide a memo regarding the easement issues, but his personal view is that it is not a matter for the Planning Board, as long as it is portrayed accurately on the plans The application was adjourned to September 11, 2008. Page 11 of 22 August 14, 2008 Planning Board Approved A short recess was taken and when the Board reconvened Chairman Zuckerman called for the next item on the agenda: CONTINUED BUSINESS 5. 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. • Considering a Report and Recommendation to the Board of Trustees Mr. Jim Ryan, Principal of John Myer Consulting, addressed the Board making note that Mr. Peter Stahl, of Win Properties, owner, Kathy Zalantis, attorney with Silverberg Zalantis, and Mr. Richard Pierson of John Meyer Consulting were present. Mr. Ryan gave a brief overview of the project. He described the proposed change of use from theater of approximately 6,400 square feet to a combination of retail and restaurant uses with a square footage of approximately 12,000 square feet by the addition of a floor within the theater space. Mr. Ryan explained the addition of new uses would not require more than the 139 parking spaces previously determined by the Building Inspector to be the requirement for the theater use... He believes that the use of the space can be changed as long as it is demonstrated the parking needs for any new uses in the space will not exceed the 139 spaces allocated for the previous theater use. He noted the current parking for the shopping center taken as a whole is non-conforming with respect to the current zoning code requirements. Mr. Ryan explained that traffic and parking issues were of concern to the Board of Trustees when they referred the application to the Planning Board. He explained that his firm has worked closely with Mr. Galante, the traffic engineer with F. P. Clark to review matters such as traffic circulation, volumes, and parking. Mr. Galante provided his comments in a memo to the Board. Chairman Zuckerman noted that the Board had just received the traffic study and Mr. Galante's memorandum. Chairman Zuckerman noted he was not sure the Board would be prepared to vote tonight because they did not have time to review the items. Chairman Zuckerman asked Mr. Ryan how it was determined that the shopping center parking is non-conforming. Mr. Ryan explained the center was developed in the 1960's so it pre-dates the current Village zoning code. If the total square footage of the center is used to determine the parking required by the current Village zoning code the number of parking spaces provided at the center is deficient... His office reviewed the use by use parking needs of the center based upon current leasing. 1,170 spaces are required and the center currently has 704 spaces. Page 12 of 22 August 14, 2008 Planning Board Approved Ms. Kathy Zalantis, attorney for the applicant, addressed the Board and explained the 139 spaces assigned to the former theater use would be applied to the new uses so there would be no increase in the existing non-conformity. Chairman Zuckerman asked Mrs. Kandel to address the Board and go over the information provided by the applicant. Mrs. Kandel explained that the shopping center has a non conforming parking lot. The project proposes restaurant and retail uses both of which are allowed and the applicant does not propose to increase the parking non-conformity. The traffic study looked at parking and traffic during peak times at the shopping center. In essence, the parking study showed that the parking that exists is adequate as far as the number of spaces; however, a proposed restaurant should be limited to a maximum floor area of 10,425 square feet to stay within the 139 available spaces from the former theater use. The traffic analysis is still under review but, the initial review found a queuing problem at the eastern-most exit of the center. Mrs. Kandel recommended that the Board should not recommend the site plan changes until the traffic study analysis review is completed. Mrs. Schoen expressed concern that the traffic and parking studies performed do not represent an accurate study because school was closed; camps had started when the studies were done. She asked that the traffic be looked at when school lets out between 3 and 4:30 pm. Chairman Zuckerman suggested that another traffic study be done when school is in session and that this suggestion should be added to the Planning Board recommendations to the Trustees. Ms. Zalantis responded that during the time the traffic and parking studies were performed there was a sidewalk sale at the shopping center, the school staff was still on site, and high school graduation ceremonies were taking place. Mr. Grzan stated his concern with limiting the floor area of a restaurant, if proposed, to 10,425 square feet because it would leave 2,000 square feet of floor area unused. Mr. Accurso asked if there is a limitation in the Village Code on the allowable gross floor area of the shopping center. Mr. Ryan responded that there is no limitation on the gross floor area as long as there is adequate parking provided. Mr. Accurso said he is not comfortable voting tonight as he did not have a chance to read the report because he received it too late to do so. Mr. Zuckerman noted a comment in the memo from Mr. Galante suggesting improvements should be made to the striping of the Bowman Avenue exit near the former Page 13 of 22 August 14, 2008 Planning Board Approved theater regardless of what change of use is approved to resolve the queuing problem at the exit created by vehicles trying to make left turns onto Bowman Avenue. Mrs. Fredman asked for more discussion regarding the calculation of the parking spaces. Chairman Zuckerman responded that the Board should decide whether it is going to recommend that the parking and traffic studies that were done are adequate. Mr. Ryan noted there is a week before the Board of Trustees meeting when school is in session. He advised that his client is willing to do a check of the studies when school is in session to alleviate the concerns of the Board. After continued discussion regarding traffic issues Mr. Laufer suggested that the Board move the application forward. Chairman Zuckerman called for a motion to approve the report and a motion was made by Mr. Grzan and seconded by Mrs. Schoen. Mrs. Fredman asked to modify the report to recommend that the combination of retail and restaurant uses approved should be limited so as to not exceed a parking requirement of 139 parking spaces. All agreed after discussion that the report should be amended as suggested. Mr. Carosi called the roll: Mr. Accurso No Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. (Report attached to these minutes) Chairman Zuckerman called for the resolution referring the Report and Recommendation to the Board of Trustees and on a motion made by Mr. Grzan and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr. Accurso No Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Page 14 of 22 August 14, 2008 Planning Board Approved Chairman Zuckerman Yes Motion carried. August 14, 2008 5-1 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED CHANGE OF USE FROM MOVIE THEATER TO RESTAURANT/RETAIL LOCATED AT THE RYE RIDGE SHOPPING CENTER BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the attached Report and Recommendation to the Village of Rye Brook Board of Trustees on the proposed chase of use from movie theater to restaurant/retail located at the Rye Ridge Shopping Center and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. Chairman Zuckerman called for the next item on the agenda: 6. Review of a Site Plan Application by Steven Anello for the teardown and reconstruction of the existing retaining wall located at 49 Lincoln Ave, Rye Brook, NY, parcel I.D. 135.41-1-15. • Considering a Resolution to Schedule a Public Hearing Mr. Brian Smith, engineer for the applicant, addressed the Board and gave an overview of the project, which is the removal of an existing retaining wall located in the Lincoln Avenue right-of-way and replacement with a new wall located completely within the property line of the site. No trees will be removed for construction of the new wall and the plan was revised according to comments received from FP Clark Associates. Mrs. Anteras, a neighbor of the applicant, asked if the new wall abutting her existing wall would be attached to her wall. The applicant responded that it would abut her wall but would not be attached to it. Mrs. Anteras stated her desire to maintain the integrity of her wall. The Chairman suggested that she meet with Mr. Carosi to discuss her concerns. If she still has concerns after discussion with Mr. Carosi, they can be addressed during the Public Hearing. Page 15 of 22 August 14, 2008 Planning Board Approved Chairman Zuckerman called for the resolution setting the Public Hearing for September 11, 2008, which was read by Mrs. Timpone-Mohamed: Chairman Zuckerman called for a motion on the resolution and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. August 14, 2008 6-0 RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR APPROVAL OF A SITE PLAN AND STEEP SLOPES WORK PERMIT FOR 49 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Steven Anello has made an application to the Village of Rye Brook for approval of a site plan in the Lincoln Avenue Scenic Roads Overlay District to remove an existing retaining wall and replace it with a new retaining wall requiring a Steep Slopes Work Permit for 49 Lincoln Avenue, Section 135.41, Block 1, Lot 15 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 September 11, 2008 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan and steep slopes permit 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 Page 16 of 22 August 14, 2008 Planning Board Approved 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 the next item on the agenda. NEW BUSINESS 7. Considering a Resolution rescheduling the October 9 and 23, 2008 meetings to October 16, 2008. Chairman Zuckerman call for a motion on the resolution and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Mr. Laufer Yes Mrs. Schoen Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman called for the next item on the agenda: 8. Review and Discussion of a Local Law regarding Chapter 250, Section 6(G)(1)(e) of the Code of the Village of Rye Brook, entitled Operation and maintenance of off-street parking facilities. Chairman Zuckerman, noting the late hour, suggested the Local Law be adjourned to the next meeting. All agreed. Chairman Zuckerman called for the next item on the agenda. 9. Sketch Plan conference requested by Peter Murray on behalf of Loewen Development Corp. for a proposed Subdivision located at 40 Lincoln Avenue, Rye Brook, NY parcel I.D. 135.49-1-2 Mr. Gioffre, attorney representing the applicant, addressed the Board and gave a brief overview of the project, which is a two-lot subdivision, and provided an aerial photograph to the Board. He explained that the applicant's consultants met with Mr. Izzo and Mr. Carosi and they understand there are a number of issues that need to be further investigated. At this time, he said, the applicant seeks comments and concerns from the Board. Page 17 of 22 August 14, 2008 Planning Board Approved Chairman Zuckerman's initial concern is the Title to the property. An assumption was made that the Blind Brook, which divides Harrison and Rye Brook, is the location of an existing property line so that the Rye Brook subdivision is the division of one existing lot into two new lots. Chairman Zuckerman feels that this may not be accurate and there may be legal questions regarding the existing lots as well as land use problems with the current subdivision application as well. Mrs. Timpone-Mohamed addressed the Board stating that her office visited the site, finding it an interesting parcel as it includes the Blind Brook and it also contains two drainage ways. All development proposed would be located within the regulated buffer of the Blind Brook... FP Clark's wetland scientist walked through the watercourse channel, which is contained by retaining walls on both sides. Any new development will require regrading the site, altering the drainage channels and flood plain and rebuilding the retaining walls. There is also a sewer easement that runs across the property so the placement of the homes will be difficult. She went on to note that the applicant proposes to create a new flood plain by filling in the existing drainage channel and altering the grade to excavate a new engineered flood plain area equivalent to what is being removed. Mrs. Mohamed believes the Board should make a site visit as well to view its environmental constraints before making a decision. She also noted that there is another home being renovated on the Harrison side of the Blind Brook so there would actually be three new adjacent homes. She recommended that the applicant provide a detailed wetland delineation and jurisdictional determination by the Army Corp of Engineers for the Board to consider. She also found that the existing flood plain and the new FEMA flood maps do not match up, which should be corrected. She requested calculation of the impervious surface coverage proposed. The Board should determine if development should take place here at all and if there is going to be development, how the environmental impacts are to be addressed. Mr. Accurso asked if borings to determine where the water table is were done and Mrs. Mohamed responded that borings should be required. Mr. Accurso asked about the Scenic Roads Overlay District requirements and Mrs. Mohamed responded that, as proposed, it complies with the SROD requirements. Mr. Accurso asked if the applicant was the current owner of the property at which Mr. Gioffre responded yes. Mr. Accurso asked if the new houses will have basements at which the owner responded no, he does not think basements are a good idea on this particular property. Chairman Zuckerman was not sure how two houses could be built on this site, given all its environmental challenges. He stated his belief that it is an environmentally delicate site that requires any development on it to be constructed in harmony with the nature of the site. Page 18 of 22 August 14, 2008 Planning Board Approved Mr. Gioffre said he would appreciate a site visit by the Board and thanked the Board for their comments. Chairman Zuckerman asked for a motion to adjourn the meeting and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the meeting was adjourned at 11:43 PM. Page 19 of 22 August 14, 2008 Planning Board Approved PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED CHANGE OF USE FROM MOVIE THEATER TO RESTAURANT/RETAIL LOCATED AT THE RYE RIDGE SHOPPING CENTER I. PROJECT OVERVIEW In June, 2008 the Village of Rye Brook Board of Trustees ("BOT") referred the application of Win Ridge Realty, LLC (the "Applicant") for the proposed change of use from a movie theater to a restaurant/retail space at the Rye Ridge Shopping Center to the Planning Board for a report and recommendation. The Rye Ridge Shopping Center is located in the C1-P (Planned Neighborhood Retail) Zoning district. The Applicant proposes to construct a new second floor in order to create a two story space that will be converted from an approximately 6,900 square foot movie theater to a maximum 12,017 square foot space that may be used for a variety of uses as of right in the CI-P District, including retail or restaurant (the "Project"). The Project is currently before the BOT pursuant to § 209 of the Code which requires site plan approval for a change of use that effects traffic or parking. The Planning Board is to submit a report and recommendation to the Board of Trustees on the proposed change of use. The primary concerns related to this Project are parking and traffic. The Planning Board recognizes that, based on the application before it, the footprint of the existing building will not change and therefore did not review stormwater management or landscaping and is not included within this report. The movie theater was constructed in accordance with a 1963 Town of Rye resolution approving the Project. After a review of the available records from the 1963 Planning Board and Town Board meetings, it appears the Town of Rye Planning Board determined and recommended to the Town Board that the addition of the theater would not present a problem with respect to the parking because the shopping center had more than adequate parking when the center was originally approved in July of 1960. Thus, at the time the theater was approved in 1963 no specific number or location of spaces for the theater use appears to have been required. It is also not clear if any new spaces were created at that time. Based upon the application of the Village Code's parking requirements, it was determined in 2003 that the theater use is currently allocated 139 spaces out of the existing 704 spaces located at the shopping center. This count was taken from the seat and employee parking counts shown on the MVA Architectural drawings dated August 6, 2003 on file in the Village of Rye Brook Building Department and in accordance with the off-street parking requirements of the Village of Rye Brook Code, Section 250-6G(I)(c). The 704 parking spaces are an existing non-conformity of the shopping center. The Applicant informs the Village that the specific use of the converted space cannot be determined at this time as the re-use of the space must first be approved before the space can be marketed to prospective tenants. The Applicant has discussed retail or Page 20 of 22 August 14, 2008 Planning Board Approved restaurant uses or a combination of the two. The proposed site plan indicates that a restaurant greater than 10,425 square feet of gross floor area will require more than the 139 spaces already allocated to the theater use. The Applicant recognizes that any approvals granted may be conditioned on limiting the amount of space being used for a restaurant to 10,425 square feet (with the balance of the space not being utilized) or a variance would need to be obtained for additional parking spaces according to the current code requirements. The Applicant has also indicated that if the entire 12,017 square feet of renovated space were used for retail, the Code would only require 60 parking spaces to be allocated to the use. II. PARKING F.P. Clark's traffic engineer reviewed the site plan and requested the Applicant conduct a parking and traffic analysis of the shopping center in order to demonstrate that changing the theater use to restaurant/retail and increasing the square footage of the space will not impact the current parking or traffic situation at the center. The parking was analyzed under two scenarios. The first assumed the entire 12,017 square feet would be retail space. The second assumed 10,425 square feet would be a restaurant use(s) and the remaining 1,592 square feet would not be utilized. The Applicant's July 8, 2008 analysis indicates that under either scenario there is a surplus of 40 parking spaces during the busiest time period at the shopping center. Similarly, parking spaces for a mixture of restaurant and retail uses occupying the 12,107 square feet would be accommodated by utilizing the 139 spaces allocated to the former theater use which it is replacing. The Planning Board inquired if the parking and traffic analysis was accurate because it was conducted in late June when school was not in session. The planning consultant informed the Planning Board at its July 10th meeting that as the Applicant conducted the studies prior to the July 4th weekend, the traffic and parking analyses could be relied upon to determine if the parking lot is adequate to handle a change of use from the theater to restaurant or retail space. According to F.P. Clark's August 5, 2008 review of the parking analysis, if a restaurant use was to occupy the entire 12,017 square feet of the renovated space then an additional 21 parking spaces would be needed. Because the July 8, 2008 parking analysis indicates that, as the shopping center currently exists, there is a surplus of 40 parking spaces, the additional 21 spaces may be taken from the 40 space surplus. Although a surplus is indicated by the parking analysis, the Applicant will still be required to comply with the code requirements for off-street parking, which, as already indicated would require 139 spaces for up to 10,425 square feet of restaurant space, 60 spaces for up to 12,017 square feet of retail space or 160 spaces if the entire 12,017 square feet of space were to be used as a restaurant. According to the traffic engineer the parking plan as currently proposed by the applicant is sufficient to accommodate the potential changes of use. The Planning Board recommends that any proposed restaurant or retail use or combination thereof be limited so that any change to those uses will require no more than 139 parking spaces. Page 21 of 22 August 14, 2008 Planning Board Approved III. TRAFFIC F.P. Clark's traffic engineer has recommended the Applicant expand the traffic analysis to include the capacity analyses of at least two intersections serving the shopping center in addition to the signalized entrance of South Ridge Street and Bowman Avenue. The Applicant submitted this additional traffic analysis to F.P. Clark on August 8, 2008 and the analysis is currently under review. According to F.P.Clark's initial review of the August 8, 2008 traffic analysis, a queuing problem at the eastern most exit of the shopping center currently exists. F.P. Clark has represented to the Planning Board that a modification to the aforementioned exit is recommended to address the queuing problem. The Planning Board recommends that the eastern most exit onto Bowman Avenue be altered to allow for three lanes entering and exiting the site (two turning lanes exiting the site in either direction and one lane entering the site). The Planning Board also recommends that the BOT not approve a site plan until F.P. Clark can finish reviewing the August 8, 2008 traffic analysis conducted by the Applicant and if further traffic studies are required, they should be conducted prior to site plan approval. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the Project as modified herein subject to any further modification as a result of F.P.Clark's review of the Applicant's traffic study. Dated: Rye Brook, New York August 14, 2008 APPROVED AT THE AUGUST 14, 2008 MEETING AT THE VILLAGE OF RYE BROOK PLANNING BOARD BY A VOTE OF 5-1 Page 22 of 22