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HomeMy WebLinkAbout2008-11-13 - Planning Board Meeting Minutes November 13, 2008 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday November 13, 2008 - 8:00 p.m. ......................................................................... ROLL CALL MINUTES 1. Review of the September 11, 2008 Planning Board minutes PUBLIC HEARINGS CONTINUED BUSINESS 2. 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 3. Review and Discussion of a Local Law regarding Chapter 250, Sections 19(G) and 19.1(G) of the Code of the Village of Rye Brook,in the R-20 and R-25 One-Family Residential Districts. • Considering a Report and Recommendation to the Board of Trustees 4. Review and Discussion of a Local Law regarding Chapter 209, Section I of the Code of the Village of Rye Brook, concerning required site plan review and approval. • 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 December 11, 2008 and January 8, 2009 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 6 November 13, 2008 Planning Board Minutes Approved PRESENT BOARD Mr. Domenick Accurso Mr. Warren Agatston Mrs. Michele Fredman Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. John Grzan STAFF Mrs. Amanda Kandel, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Victor G. Carosi, P.E., Village Engineer Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He 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 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 September 11, 2008 Planning Board minutes On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Accurso YES Mr. Agatston YES Mrs. Fredman YES Mr. Laufer YES Mrs. Schoen YES Chairman Zuckerman YES Motion carried. Chairman Zuckerman called for the next item on the Agenda: 2 of 6 November 13, 2008 Planning Board Minutes Approved CONTINUED BUSINESS 2. 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 Chairman Zuckerman gave a brief overview of the genesis of the local law and the context of the review. He expressed his assessment that the majority of Board members favor prohibiting rental of parking spaces to persons other than tenant store owners. It is his belief that it is not the desire of the Planning Board to regulate use of parking by a shopping center tenant, but to leave such regulation to the tenant and landlord. Therefore, the Board would instead concentrate on rental of parking to entities outside the landlord tenant relationship. Mr. Agatston believes the storage issue should be referred back to the Board of Trustees for additional clarification of their intent regarding regulation of parking at commercial properties. The Board and the Chair agreed that it would be very difficult to regulate parking on private property. Chairman Zuckerman asked that a proposed report to the Board of Trustees be read by Mrs. Kandel into the minutes. Mrs. Kandel read the draft memorandum and the Board had no opposition to the language of the draft. Mr. Accurso asked for clarification relating to a scenario he described as a tenant of a shopping center or other commercial establishment operating a business that requires use of vehicles. He asked if such tenants could park the vehicles overnight in the parking lot. The Chairman responded yes and that it is done regularly. Mr. Agatston expressed concern that tenants like a limousine company or maintenance company with many vehicles could also use the parking spaces. Mrs. Kandel noted that any business at a commercial property would have to be a permitted use to be allowed to operate there. Mrs. Kandel then read the resolution forwarding the report/recommendation to the Board of Trustees. On a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: Mr. Accurso YES Mr. Agatston YES 3 of 6 November 13, 2008 Planning Board Minutes Approved Mrs. Fredman YES Mr. Laufer YES Mrs. Schoen YES Chairman Zuckerman YES Motion carried. Chairman Zuckerman called for the next item on the Agenda: NEW BUSINESS 3. Review and Discussion of a Local Law regarding Chapter 250, Sections 19(G) and 191(G) of the Code of the Village of Rye Brook, in the R-20 and R-25 One-Family Residential Districts. • Considering a Report and Recommendation to the Board of Trustees The Chair informed the Board that the proposed changes amend the contextual front yard requirement to eliminate the potential for tear-downs in the R-20 and R-25 districts to be located, over time, closer and closer to the minimum front yard by modifying the original rule to require that a new house cannot be located any closer to the street than the original house was. Mrs. Fredman expressed concern that the wording of the local law could be construed differently from its intent. She proposed some wording revisions to clarify the intent of the local law. The Board discussed the wording and the goal to be achieved by modifying the current regulations. The Board concluded the goal is to prevent "creep" in a tear-down situation. Mrs. Mohamed expressed concern that if a home is built closer to the street, it in turn, would reduce the front yard of the home next door when it is used to create the average that would determine the front yard of a new home next door, which in time would affect all the new homes on a street. Chairman Zuckerman believes the proposed law gives the Board a firm standard yet still leaves an applicant the option to go to the Zoning Board of Appeals for relief if they object to the contextual front yard required. Mr. Agatston stated he is not in favor of the concept because he is concerned about over- regulation of tear-down redevelopment. He believes there may be other ways to restrict front-yard reduction that should be looked at. The majority of the Board agreed that the local law should be revised and declined to move forward with the local law as currently written. 4 of 6 November 13, 2008 Planning Board Minutes Approved Mrs. Kandel was directed to examine other options and re-draft the resolution and recommendation to the Board of Trustees for the next Planning Board meeting. Chairman Zuckerman called for the next item on the Agenda: 4. Review and Discussion of a Local Law regarding Chapter 209, Section 1 of the Code of the Village of Rye Brook, concerning required site plan review and approval. • Considering a Report and Recommendation to the Board of Trustees Chairman Zuckerman explained that the proposed local law does not apply to applications for which there has not been site plan review. The local law would apply to substantial revisions to an approved site plan. He further stated, in his opinion, that until a Certificate of Occupancy is issued, anything other than a minor change should come before the Planning Board; and after the C of O is issued, any additional work applied for within two years of the issuance of the C of O would require an amended site plan application. Chairman Zuckerman also said he is not sure he agrees with the two-year condition. Mr. Agatston asked if the Village Code deals with segmentation anywhere else. Mrs. Kandel responded that no other provision in the Code deals with segmentation to her knowledge. She explained that the local law is meant to capture the applications that are making major revisions or alterations after site plan approval is granted. Mr. Agatston believes the amendments are sound; however, he does not want the regulations to be overly aggressive and would like to see the larger issue of segmentation addressed first. Mrs. Mohamed added that "segmentation" as related to environmental review under SEQRA is very well defined. The situation to be addressed by the proposed local law is one that involves applicants who have already received site plan approval submitting applications for additional revisions to the approved plans, shortly after receiving the original approval. Chairman Zuckerman asked for a consensus from the Board on the matter of the two-year time period: Mrs. Schoen believes a 1 year period would be better; Mrs. Fredman is ok with 2 years; Mr. Laufer is also ok with 2 years; and Mr. Accurso believes that 2 years is not long enough, favoring 3 years. Mr. Agatston is not sure and would like to continue to discuss the "field adjustment" issue before he makes a decision. 5 of 6 November 13, 2008 Planning Board Minutes Approved There was further discussion regarding field adjustments. Mrs. Mohamed explained that a field adjustment encompasses a minor change such as changing the species of a proposed plant because the approved species is not available. She asked the Board to consider the situation of an Applicant with site plan approval for a 30-square foot patio asking to construct a 40-square foot patio instead and whether such a request should come back to the Planning Board. Mr. Agatston believes the whole segmentation issue should be reconsidered. There was further discussion regarding wording and the Board agreed to change "field adjustments" to "field changes." Chairman Zuckerman directed Mrs. Kandel to prepare a new version of the local law for the meeting of December l ltn The Chairman asked for a motion to adjourn and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, the Planning Board meeting was adjourned at 9:20 pm. 6 of 6