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HomeMy WebLinkAbout2008-10-16 - Planning Board Meeting Minutes October 16, 2008 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday October 16, 2008 - 8:00 p.m. ......................................................................... ROLL CALL MINUTES 1. Review of the August 14,2008 Planning Board minutes PUBLIC HEARINGS RESOLUTIONS 2. Considering a Resolution to Act on a Site Plan application by Mr. Joseph D. Moschitto for modifications to 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. 3. Considering a Resolution to Act on an Site Plan application by Mr. 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 CONTINUED BUSINESS 4. 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 NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS November 13, 2008 and December 11, 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 the meeting at (914) 939-1121 1 of 9 October 16, 2008 Planning Board Minutes Approved PRESENT BOARD Mr. Domenic Accurso Mr. Warren Agatston Mrs. Michele Fredman Mr. Bill Laufer Mrs. Amy Schoen Acting Chairman John Grzan EXCUSED Mr. Gary Zuckerman 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 Acting Chairman John Grzan opened the meeting by asking everyone to join him in the Pledge of Allegiance and then introduced the Board members and the Village Staff to the audience and explained the rules of procedure for the meeting. Chairman Grzan called for the first item on the agenda: MINUTES 1. Review of the August 14, 2008 Planning Board minutes Chair Grzan called for a motion to approve the minutes from August 14, 2008 and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Accurso YES Mr. Agatston YES Mrs. Fredman YES Mr. Laufer YES Mrs. Schoen YES Chairman Grzan YES Motion carried. Chairman Grzan called for the next item on the agenda: RESOLUTIONS 2. Considering a Resolution to Act on a Site Plan application by Mr. Joseph D. Moschitto for modifications to an approved site plan regarding construction 2 of 9 October 16, 2008 Planning Board Minutes Approved 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. Chair Grzan noted that the Public Hearing on this application has been closed but some outstanding questions remained. He asked Mr. Carosi to address the board. Mr. Carosi, Village Engineer, described to the Planning Board the storm water management system for the project. Mr. Carosi stated that, in his professional opinion, the storm water management system, when installed, will exceed the code minimum. He also believes that once the turf grass and landscaping are established, stormwater on the property should have no negative impacts on any adjacent properties. Mr. Carosi informed the Board that the applicant applied to the Building Department for a permit to finish the basement, which requires a secondary means of egress; therefore, the site plan has been modified to show a proposed basement egress stairwell in the rear yard next to the patio. Mrs. Schoen asked about the plantings being disturbed by this proposed stairwell. Mr. Carosi explained the proposed foundation plantings would be affected, but not the screening plantings. Mrs. Mohamed next addressed the Board. She stated that the plan she had reviewed prior to the recent additions fulfilled the requirements as far as providing landscape screening between properties. Mr. Grzan stated his feeling that it is important for the applicant to stabilize the site before winter. Mr. Laufer made a motion, which was seconded by Mrs. Fredman, to postpone action on the application for one month. Mr. Accurso voiced concern that if grading needs to be done, the site would require immediate stabilization before cold weather arrives. Mrs. Mohamed suggested that the Board review the revised plan that the applicant brought to the meeting that shows the basement egress stair and a proposed generator pad. Chairman Grzan agreed and called for a short recess to accept and review the newly revised plans. When the Board reconvened Chairman Grzan noted that a motion was still pending to postpone action on the item and called for a vote on the motion to delay action on the application for one month. Mr. Accurso NO Mr. Agatston NO 3 of 9 October 16, 2008 Planning Board Minutes Approved Mrs. Fredman NO Mr. Laufer NO Mrs. Schoen NO Chairman Grzan NO Motion denied. Mrs. Kandel read the amended resolution. Chairman Grzan called for a motion on the resolution and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, Mr. Carosi to call the roll: Mr. Accurso YES Mr. Agatston YES Mrs. Fredman YES Mr. Laufer YES Mrs. Schoen YES Chairman Grzan YES Motion carried. October 16, 2008 RESOLUTION APPROVING AN AMENDED SITE PLAN FOR 41 HILLANDALE ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Joseph D. Moschitto 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 new residence at 41 Hillandale Road, Rye Brook, New York, designated on the Tax Assessor's Map Section 129.84, Block 1, Lot 19 in the R-25 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. Planting Plan (Sheet LA-1), prepared by Studer Design Associates, Inc., Ridgefield, C.T., dated August 11, 2006 and last revised August 28-29, 2008. 5. Pool House Plan and Elevations (Sheet A-1), dated 02/26/08, prepared by Cohen Design/Build Associates, P.C., Cherry Hill, N.J. 6. Engineer's Plans, prepared by Gabriel E. Senor, P.C., Hartsdale,N.Y.: 4 of 9 October 16, 2008 Planning Board Minutes Approved Drawing Number Sheet Title Dated S1 Site Plan and Current Topo for Pool and Pool House last revised 10/16/08 SIA Site Plan and Current Topo for Pool and Pool House last revised 10/16/08 SW-1 Stormtivater&Erosion Control Plan for Pool&Pool House last revised 10/16/08 SI Super-Impose Layout for Pool and Pool House last revised 10/16/08 SS Site Survey Showing Existing Conditions last revised 09/18/08 D-1 Details last revised 10/16/08 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, landscape plan, storm water management and erosion and sediment control and the plans were revised according to the comments; and 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 September 11, 2008. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the amended site plans listed herein for the new single family residence located at 41 Hillandale Road with the condition that the Planting Plan, Sheet LA-1, prepared by Studer Design Associates be revised to depict the required egress stairway from the basement to the rear yard and the location of the emergency generator; 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. APPROVED 6 - 0 5 of 9 October 16, 2008 Planning Board Minutes Approved Chairman Grzan called for the next item on the agenda: 3. Considering a Resolution to Act on a Site Plan application by Mr. Steven Anello for the teardown and reconstruction of the existing retaining wall located at 49 Lincoln Avenue, Rye Brook, NY, Parcel I.D. 135.41-1-15. Chairman Grzan noted that the Public Hearing on the application was closed on September H, 2008 and it is scheduled for a vote this evening. Mr. Bryan M. Smith, Engineer for the applicant, addressed the Board and briefly discussed the revisions to the landscape plan requested by the Board. There was a brief discussion regarding installation of a fence atop the wall during which the Chair noted that a fence was not required by the Rye Brook Code. Mr. Accurso was concerned about the visual impact of the fence in the Scenic Roads Overlay District. Mr. Smith informed the Board that his client would prefer not to install a fence if it is not a code requirement. The resolution was revised to be conditioned on the submission of revised plans that do not include a fence prior to submission of the application before the Architectural Review Board. Chairman Grzan called for a motion on the revised resolution and on a motion made by Mrs. Schoen and seconded by Mrs. Fredman, Mr. Carosi called the roll: Mr. Accurso YES Mr. Agatston YES Mrs. Fredman YES Mr. Laufer YES Mrs. Schoen YES Chairman Grzan YES Motion carried. October 16, 2008 RESOLUTION APPROVING A SITE PLAN AND STEEP SLOPES WORK PERMIT TO CONSTRUCT A RETAINING WALL AT 49 LINCOLN AVENUE, RYE BROOK,NEW YORK VILLAGE OF RYE BROOK PLANNING BOARD 6 of 9 October 16, 2008 Planning Board Minutes Approved WHEREAS, Steven Anello has made an application to the Village of Rye Brook requesting site plan approval and a Steep Slopes Work Permit to remove an existing retaining wall and construct a new retaining wall at 49 Lincoln Avenue, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.41, Block 1, Lot 15 in the R- 12 zoning district and the Lincoln Avenue Scenic Roads Overlay District; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application 2. Short Environmental Assessment Form 3. A Survey of the Lot dated June 26, 2007 4. Engineers' Plans, prepared by Ahneman Kirby, LLC, Civil Engineering & Land Surveying, Port Chester,NY: Sheet Number Sheet Title Dated SP-I Proposed Site Plan 5/29/08 rev. 9/24/08; 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, zoning, and landscaping in the buffer in the Scenic Roads Overlay District and the plans were revised according to the comments; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on September 11, 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 September 11, 2008. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves a Steep Slopes Work Permit and the site plan listed herein for the removal of an existing retaining wall and construction of a new retaining wall at 49 Lincoln Avenue with the condition that, at the request of the Applicant, the Applicant submit a revised plan to the Building Department without a fence on the top of the proposed retaining wall prior to appearing before the Architectural Review Board; 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. 7 of 9 October 16, 2008 Planning Board Minutes Approved APPROVED 6 - 0 Chairman Grzan called for the next item on the agenda: CONTINUED BUSINESS 4. 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 Mr. Agatston asked for clarification as to whether the parking requirements proposed are directed toward the people who lease premises in the center or those who use the site for overnight parking. He asked if it is the intent not to have storage vehicles parked for an excess amount of time regardless if the vehicle owners are tenants or not. Mrs. Kandel confirmed that the proposed law as drafted would limit the storage of vehicles in excess of a certain time for everyone. Mr. Agatston wants the law to apply only to trucks or storage vehicles and not to cars that park in the lot overnight. Mrs. Schoen wants to know if the Village can make decisions regarding an agreement between a landlord and tenant. Mrs. Kandel explained that the Village does have certain restrictions in the Village Code already. Mr. Santon, addressed the Board as a Trustee and catalyst for the changes proposed in the local law. He explained that he believes commercial properties bordering residential neighborhoods are renting their property out to other companies for overnight or long term vehicle parking and abuses of such parking are unsightly. The purpose of the changes is to manage the impacts of a business district to an adjacent residential area. Mr. Accurso expressed concern about what would happen if a tenant in the shopping center is a landscape contractor that keeps his trucks/snowplows in the parking lot. He is renting space and should be entitled to park his vehicles. Mr. Agatston believes the matter needs more scrutiny because parking a single storage vehicle is a different matter from a tenant with numerous vehicles that need parking spaces. 8 of 9 October 16, 2008 Planning Board Minutes Approved Mrs. Kandel stated that she took notes on the concerns and questions raised and will continue to do research to address the areas of concern. The Acting Chairman called for a motion to adjourn that was seconded by Mrs. Fredman. Meeting adjourned at 10:00 pm. 9 of 9