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HomeMy WebLinkAbout2008-09-11 - Planning Board Meeting Minutes September 11, 2008 Planning Board Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 11, 2008 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the August 14,2008 Planning Board minutes PUBLIC HEARING 2. 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 the Application 3. 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 T.D. 135.41-1-15. • Resolution to Open the Public Hearing • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on Application RESOLUTIONS 4. Considering a Resolution to Act on 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. 5. Considering a Resolution eliminating meeting dates on Thanksgiving and Christmas. CONTINUED BUSINESS NEW BUSINESS 1 of 14 September 11, 2008 Planning Board Approved 6. Review of a Site Plan application by Mr. Trevor Coutinho for a change of use from a single family dwelling to a two-family dwelling for the property at 20 Wyman Street, Rye Brook,NY Parcel ID 141.43-1-23 • Considering a Resolution scheduling a Public Hearing • Considering a Resolution referring the Application to the Zoning Board of Appeals pursuant to §17a of the Village Code 7. Review of a application submitted by MPFP Landscape Architecture and Urban Design on behalf of Reckson Associates Realty Corp. for approval to modify an approved site plan to install a steel and glass canopy at the entrance to Building #2 at the Reckson Executive Park located on King Street, Section 129.82, Block 1, Lot 1 • Considering a Report and Recommendation to the Board of Trustees 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 DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS September 25, 2008 & October 16, 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 2of14 September 11, 2008 Planning Board Approved PRESENT BOARD Mr. Domenick Accurso Mrs. Michele Fredman Mr. John Grzan Chairman Gary Zuckerman EXCUSED Mr. Warren Agatston Mr. Bill Laufer Mrs. Amy Schoen 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 and a moment of silence in remembrance of the events of September 11, 2001. 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 August 14, 2008 Planning Board minutes The item was deferred to the next Planning Board meeting. Chairman Zuckerman called for the next item on the agenda: PUBLIC HEARING 2. 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 the Application 3of14 September 11, 2008 Planning Board Approved Mr. Anthony Gioffre, Attorney for the applicant, addressed the Board and gave a brief overview of the project and what had been completed since the previous meeting. The project engineer reviewed the storm water system design and reported the system will manage both the 25-year and the 50-year storm. Mr. Gioffre informed the Board that the applicant addressed the concerns of the neighboring property owner, Mr. Santon. Further, the plans were revised to accurately represent the meets and bounds description of the existing utility easement across the property. Mr. Gioffre advised the Board that, in his opinion, all the issues were addressed and he requested the public hearing be closed. Mr. Carosi addressed the Board. He discussed the stormwater management plan noting the applicant provided calculations demonstrating capacity in excess of the required design storm up to the 100-year storm. Mr. Carosi also discussed the height of the home as it relates to the average grade calculations, concluding the information provided by the applicant supports the grade change at the rear yard. Chairman Zuckerman asked if Mr. Carosi was satisfied that the plans are clear and the calculations are correct. Mr. Carosi responded that, overall, the plans represent and support the calculations. Chairman Zuckerman instructed Mr. Gioffre to make sure that all the plans are accurate when submitted for final approval. Mrs. Timpone-Mohamed advised that her office reviewed the latest set of plans submitted, including the revised landscape plan. The revised landscape plan includes additional evergreens and deciduous trees for screening, some shrubs moved to different locations and flowering trees added. The species of evergreen trees along the property line were changed to Holly to better match the space available and the light conditions. Mrs. Mohamed commented that the proposed plan will provide adequate screening and tree replacement. Mr. Accurso commented that a lot of time has been spent reviewing and discussing screening and plantings and he believes the Board should move on the application. Chairman Zuckerman agreed but he believes that the neighbor's concerns are important. He believes it is the Board's job to make sure that the screening/landscape plan is adequate. Mr. Dean Santon, 39 Hillandale Road, addressed the Board stating his concern about the height of the house and the methodology the applicant used to demonstrate the height of the building. Chairman Zuckerman stated he does not believe the calculation of building height is an issue for the Planning Board, but rather it is an issue for the Building Inspector to verify. 4of14 September 11, 2008 Planning Board Approved Mr. Gioffre agreed that only Mr. Izzo can confirm the building height and he stated that the applicant has not received notification that a height variance is required. Mr. Santon respectfully asked that the Public Hearing not be closed because he did not have a chance to review the revised plans. Mr. Santon expressed his concern regarding the adequacy of the storm water management plan. He asked if including a small swale to stop storm water from flowing into his yard would be advisable. Mr. Carosi responded that the present storm water management plan does not require the installation of a swale. Chairman Zuckerman called for a motion to close the Public Hearing and a motion was made by Mr. Grzan and seconded by Mr. Accurso. Chairman Zuckerman asked Mr. Carosi to call the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Chairman Zuckerman Yes Motion carried. The application was adjourned to October 16, 2008 for a vote. Chairman Zuckerman called for the next item on the agenda: 3. 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. • Resolution to Open the Public Hearing • Considering a Resolution to Close the Public Hearing • Considering a Resolution to Act on the Application On a motion made by Mrs. Fredman and seconded by Mr. Grzan, the Public Hearing was opened. Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Chairman Zuckerman Yes Motion carried. 5of14 September 11, 2008 Planning Board Approved Mr. Brian Michael Smith, Engineer for the applicant, addressed the Board and explained the application proposes to remove an existing, failing, retaining wall and replace it with a dry-laid rubble stone wall 4-feet in height. He received F.P. Clark's memo and believes all comments in the memo were addressed. Chairman Zuckerman asked Mr. Carosi to discuss his findings regarding the project. Mr. Carosi explained this is a dry-laid wall; therefore, there are no storm water management concerns. Further, as it would replace an existing wall, no significant grading changes are proposed. Mr. Carosi noted that at the last meeting the adjacent neighbor was concerned about any interaction or connection between the proposed wall and the masonry wall on her property. He said that the proposed wall would not be attached to her wall but the walls would be aligned to eliminate any gaps that could lead to soil erosion. Mrs. Timpone-Mohamed noted that impervious surface calculations and a survey were provided by the applicant that addressed the legality of the existing parking court in the front yard. She advised the Board that a landscape plan was not submitted as requested. As the project is in the Scenic Roads Overlay District, some screening should be installed in the 35-foot buffer required by the district; therefore a landscape plan should be provided. Mr. Smith stated he had conferred with his client regarding a landscape plan and the owner feels that because he is improving the integrity of the wall he should not incur additional costs for landscaping. He feels his property is in conformance with required landscaping, compared with the adjacent property. Mr. Santon of 39 Hillandale Road addressed the Board and stated that he believes the project would benefit from additional landscaping. Mr. Accurso asked about the guard rail at the top of the wall. Mr. Smith responded the design of the railing complies with the New York State Building Code. Chairman Zuckerman called for a motion to close the Public Hearing and on a motion made by Mrs. Fredman and seconded by Mr. Accurso, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Chairman Zuckerman Yes Motion carried. Application adjourned to October 16, 2008 for a vote. 6of14 September 11, 2008 Planning Board Approved Chairman Zuckerman recommended the applicant consider submitting a planting plan and added that if a planting plan is not submitted the applicant faces the possibility that the plan will not be approved. Chairman Zuckerman called for the next item on the agenda: RESOLUTIONS 4. Considering a Resolution to Act on 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. Mr. Michael Csenge, Architect for the applicant addressed the Board advising them that new plans that included all the recommendations made were submitted. Mrs. Timpone-Mohamed concurred that the applicant provided all the changes and information requested. Mrs. Timpone-Mohamed read the resolution. Chairman Zuckerman called for a motion to approve the resolution and on a motion made by Mr. Grzan and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Chairman Zuckerman Yes Motion carried. September 11, 2008 4-0 RESOLUTION APPROVING A SITE PLAN FOR 1 SUNSET ROAD 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 WHEREAS, the Planning Board reviewed the following plans and application materials: 7of14 September 11, 2008 Planning Board Approved 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 9/09/08 A 012 General Information 1/22/08 A 013 General Requirements 1/22/08 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 1/21/08, revised 2/21/08 A 104 Foundation and Roof Plan 1/21/08, revised 2/21/08 A 201 Front and Left Side Elev. 12/05/07, revised 2/21/08 A 202 Rear and Right Side Elev. 12/05/07, revised 2/21/08 A 301 Schedules and Interior Elevations 1/21/08, revised 2/21/08 A 302 Wall Section and Details 1/21/08; 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, erosion and sediment control and the front yard setback and landscaping in the buffer in the Scenic Roads Overlay District and the plans were revised according to the comments; and WHEREAS, the Village Engineer, after review of the project, made recommendations in a memorandum dated 4/18/08 regarding waiver of certain site plan requirements pursuant to 209-3E of the Village Code to the Planning Board for their approval; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and 8of14 September 11, 2008 Planning Board Approved WHEREAS, on May 8, 2008, the Planning Board opened a public hearing on the subject application, which was continued on July 10, 2008 and again on August 14, 2008, 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. WHERAS, on May 8, 2008, the Planning Board referred the subject application to the Village of Rye Brook Zoning Board of Appeals; WHEREAS, the Zoning Board of Appeals granted the Applicant a one- foot two inch variance from the required 45-foot front yard in the R-10 Lincoln Avenue Scenic Roads Overlay District on July 1, 2008 and did not determine the legality of the non-conforming deck. 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 the construction of a second floor addition over the existing first floor of a single family residence located at 1 Sunset Road; and BE IT FURTHER RESOLVED, the Planning Board hereby approves the waiver recommendations noted in the Village Engineer's 4/18/08 memorandum; 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: 5. Considering a Resolution eliminating meeting dates on Thanksgiving and Christmas. Mrs. Kandel read the resolution to eliminate the meeting dates falling on Thanksgiving and Christmas after which Chairman Zuckerman called for a motion. On a motion made by Mrs. Fredman and seconded by Mr. Grzan, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Chairman Zuckerman Yes Motion carried. 9of14 September 11, 2008 Planning Board Approved September 11, 2008 4-0 RESOLUTION VILLAGE OF RYE BROOK PLANNING BOARD BE IT RESOLVED, that the Planning Board hereby cancels its November 27th and December 25th meetings due to the Thanksgiving and Christmas holidays. Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 6. Review of a Site Plan application by Mr. Trevor Coutinho for a change of use from a single family dwelling to a two-family dwelling for the property at 20 Wyman Street,Rye Brook,NY Parcel ID 141.43-1-23 • Considering a Resolution to schedule a Public Hearing • Considering a Resolution to refer the Application to the Zoning Board of Appeals pursuant to §17a of the Village Code The architect's assistant for the project approached the podium at which time Chairman Zuckerman explained to him that because the revised plans were submitted at the meeting, the Board had no time to review them. Therefore, the application would be adjourned to October 1611' to give the consultants and Village staff time to review them. He also added that it is possible that the applicant may be required to go before the Zoning Board of Appeals for approval of the variances being sought. Chairman Zuckerman called for the next item on the agenda: 7. Review of an application submitted by MPFP Landscape Architecture and Urban Design on behalf of Reckson Associates Realty Corp. for approval to modify an approved site plan to install a steel and glass canopy at the entrance to Building #2 at the Reckson Executive Park located on King Street, Section 129.82, Block 1,Lot 1 • Considering a Report and Recommendation to the Board of Trustees Chairman Zuckerman explained that final approval authority for the application lies with the Board of Trustees and it is the Planning Board's responsibility to make a recommendation to the Trustees. 10 of 14 September 11, 2008 Planning Board Approved Mr. Bill Muzzio, representing Reckson Associates, addressed the Board and gave a brief overview of the project to install a glass and metal canopy at the entrance way to Building #2. Mr. Muzzio showed the Board a rendering of the canopy explaining that it abuts the building but is not attached to it. He indicated that the landscape construction that was the subject of an earlier application was completed and the installation of the canopy would be the final step in the plan. Mr. Carosi noted there are no engineering considerations or storm water considerations involved with the project. Mr. Muzzio explained there is one drain along the center of the proposed canopy that discharges to the planting area on the sides of the structure. Chairman Zuckerman explained that the application is before the Planning Board because it is an amendment to an approved site plan in a commercial zone and the King Street Scenic Roads Overlay District. Chairman Zuckerman asked for the Report and Recommendations to be read by Mrs. Kandel. PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN AMENDMENT FOR THE INSTALLATION OF A GLASS CANOPY I. PROJECT OVERVIEW On August 12, 2008 the Village of Rye Brook Board of Trustees ("BOT") referred the application of Reckson Operating Partnership LLP (the "Applicant") for the proposed site plan amendment to install a glass canopy at the entryway of Building 2 in the Reckson Executive Park. The property is located in an OB-1 Campus/Office Building District. The Project is currently before the BOT pursuant to § 209-1B (8) of the Code which requires site plan approval for any amendment of a previously approved site plan on a nonresidential property. The Planning Board is to submit a report and recommendation to the Board of Trustees on the proposed site plan amendment. 11 of 14 September 11, 2008 Planning Board Approved II. PLANNING The Planning Board does not see any planning concerns associated with the proposed site plan amendment. III. ENGINEERING The Planning Board does not see any stormwater management, soil and erosion control or sediment control issues associated with the proposed site plan amendment. The proposed glass canopy will be covering impervious surface and therefore will not have an effect on stormwater management or drainage at the site. IV. CONCLUSION In conclusion, the Planning Board believes the glass canopy to be a minor architectural feature that will have an aesthetically positive impact on the site plan and recommends the BOT approve the Project. Dated: Rye Brook, New York September 11, 2008 Chairman Zuckerman asked Mrs. Kandel to read the resolution accepting the Report and Recommendations and authorizing submission of the Report and Recommendations to the Board of Trustees: Chairman Zuckerman called for a motion on the resolution and on a motion made by Mrs. Fredman and seconded by Mr. Grzan, Mr. Carosi called the roll: Mr. Accurso Yes Mrs. Fredman Yes Mr. Grzan Yes Chairman Zuckerman Yes 12 of 14 September 11, 2008 Planning Board Approved Motion carried. September 11, 2008 Approved RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN AMENDMENT AT RECKSON EXECUTIVE PARK 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 Site Plan Amendment at Reckson Executive Park for the installation of a glass canopy 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 final 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 • Considering a Report and Recommendation to the Board of Trustees Mrs. Kandel gave a brief summary of the background of the proposed Local Law explaining that in some areas of the Village parking spaces in parking lots of commercial properties, such as shopping centers, are used for parking commercial vehicles overnight, for extended periods of time and when trailers are used as temporary storage facilities for businesses. The Village is concerned that such use of parking spaces could reduce the number of spaces available for patrons of a commercial property. Chairman Zuckerman noted the Planning Board should determine if there is a problem created by use of parking spaces in a shopping center for parking of commercial vehicles overnight and for extended periods of time, review the revisions to Section 250-6 and make recommendations to the Trustees accordingly. Mrs. Kandel responded that concern was voiced to the Village Board when a store rented a truck and parked it in the Rye Ridge Shopping Center parking lot to store extra stock, at certain times, when the volume of stock required cannot be accommodated in the building storage area. The store was told to move the truck to the rear parking area by the Building Inspector, which was done. However, when a truck is parked and used for 13 of 14 September 11, 2008 Planning Board Approved storage it does take up a parking space and the question is - should such parking be allowed? Mr. Grzan asked if the approved site plan prohibits such parking and it was responded that it does not. Mr. Grzan stated his opinion that if there is an issue it is one of enforcement that should be handled by the police. He does not believe the issue should be regulated. Mrs. Fredman believes that maybe there should be some regulations put in place and it might benefit the businesses engaging in this type of parking for legitimate reasons. Mr. Peter Stahl of Win Ridge Realty, owner of the Rye Ridge Shopping Center, was recognized by the Chairman. He addressed the Board and read a letter from Win Ridge's attorney, Silverberg & Zalantis, regarding the proposed amendments to the Village Code regarding off-street parking. The letter stated that the issue developed because the Village Board received erroneous information regarding the type of parking at issue. Chairman Zuckerman assured the speaker that the Board would not take action tonight because the issue requires a closer look. Mrs. Fredman added that she believes such parking should be looked at to avoid blight; however, the Board should also carefully consider what is being regulated. Chairman Zuckerman explained that he is looking for direction from the Board. He posed the following question: Is it the feeling of the Board that such parking is a subject that should be regulated more than it already is? Mrs. Fredman responded with a maybe. Mr. Grzan responded yes, if it is being abused. Mr. Accurso responded that there should be some regulation. Mrs. Fredman asked if there are back doors from which commercial tenants can load and unload stock. Mr. Stahl explained all rear entrances have stairways so they are not suitable for transferring stock. Chairman Zuckerman asked Mr. Stahl if the owner of the shopping center would have an objection to a truck being parked at the center for more then 5 days at a time. Mr. Stahl responded that tenants' parking habits are handled by the shopping center management based on the needs of each individual tenant and that he preferred that it stay that way and not be regulated by the Village. Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made by Mr. Grzan and seconded by Mrs. Fredman, the meeting was adjourned at 11:10 pm. 14 of 14