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HomeMy WebLinkAbout2008-12-11 - Planning Board Meeting Minutes December 11, 2008 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday December 11, 2008 - 8:00 p.m. ......................................................................... ROLL CALL MINUTES 1. Review of the October 16, 2008 Planning Board minutes PUBLIC HEARINGS CONTINUED BUSINESS NEW BUSINESS 2. Review of a Site Plan Application by Westchester Modular Homes on behalf of Mr. and Mrs. Ochoa for the teardown and reconstruction of a single family dwelling at 8 Maple Court, Rye Brook,NY,parcel I.D. 135.66-1-71. • Considering a Resolution to Schedule a Public Hearing 3. Review of an application by Metro PCS New York,LLC for a Special Use Permit to develop a wireless communications facility at 211 South Ridge Street,Rye Brook NY, parcel ID 141.35-2-39. • Considering a Report and Recommendation to the Board of Trustees 4. 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 5. 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 DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS January 8,2009 and January 22,2009 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 December 11, 2008 Planning Board Minutes Approved PRESENT BOARD Mr. Warren Agatston Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. Domenick Accurso 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 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 and Procedures can be found on the Village website and also announced that the public can view the Planning Board meeting via streaming video on the Village website. Chairman Zuckerman called for the first item on the agenda: MINUTES 1. Review of the October 16,2008 Planning Board minutes On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Warren Agatston Yes Mrs. Michele Fredman Yes Mr. John Grzan Yes Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Chairman Gary Zuckerman Yes Motion carried. Chairman Zuckerman called for the next item on the agenda: 2 of 6 December 11, 2008 Planning Board Minutes Approved NEW BUSINESS 2. Review of a Site Plan Application by Westchester Modular Homes on behalf of Mr. and Mrs. Ochoa for the teardown and reconstruction of a single family dwelling at 8 Maple Court,Rye Brook,NY,parcel I.D. 135.66-1-71. • Considering a Resolution to Schedule a Public Hearing Mr. Tony Pisarri, PE of Westchester Modular Homes representing the applicant, addressed the Board and stated that comments were received from Village staff and consultants after the initial plans were submitted and that he revised the plans according to the review comments. He provided copies of the revised plans to the Board. Mr. Pisarri gave a brief overview of the project for the Board. He said the existing residence will be removed and replaced with a two-story modular home that is larger then the existing home. The applicant plans to remove and rebuild the existing flag stone patio in the rear yard during construction of the new home. Some of the existing site landscaping is proposed to be removed and replaced at the conclusion of construction. Only one regulated tree would be removed and replanted in a new location. Mrs. Timpone-Mohamed, Village Planning Consultant, noted to the Board that the new home decreases the existing side yard dimensions, bringing the new home closer to its neighbors. She suggested the Board consider requiring additional screen plantings between the new home and its neighbors. She asked the applicant to provide a landscape plan showing what plants they intend to remove and those they are planning to replace. Mr. Carosi, Village Engineer, had concerns regarding the process of delivery and installation of the modular home regarding procedures and potential road closures among other issues. He asked that the applicant provide a narrative to the Board describing in detail the mechanics of the project delivery and construction and be prepared to discuss the process at the public hearing. Mrs. Timpone-Mohamed read the resolution setting the public hearing for January 8th 2009 and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the roll was called: Mr. Warren Agatston Yes Mrs. Michele Fredman Yes Mr. John Grzan Yes Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Chairman Gary Zuckerman Yes Motion carried. 3 of 6 December 11, 2008 Planning Board Minutes Approved Chairman Zuckerman called for the next item on the agenda: 3. Review of an application by Metro PCS New York, LLC for a Special Use Permit to develop a wireless communications facility at 211 South Ridge Street, Rye Brook NY,parcel ID 141.35-2-39. • Considering a Report and Recommendation to the Board of Trustees Mr. Daniel Laub, Attorney for the applicant, gave a brief overview of the project. He noted the Planner had provided him with comments regarding visual impacts to views from South Ridge Street and the adjacent residential neighborhoods caused by installation of the equipment boxes on the roof. He stated that they have taken measures to mitigate its impacts to neighboring residents and South Ridge Street. Mr. Francis Kobylenski, PE of Dewberry-Goodkind, Inc. addressed comments from Village staff relating to the visibility of the antennas and equipment arrays shown on the photographic renderings and the project drawings. He acknowledged that the equipment boxes are not noticeable when looking towards the front of the building but have more of an impact when viewed from a distance. Mrs. Schoen stated her opinion that the type of screening proposed is not a concern of the Board; however, the effectiveness of such screening as mitigation for impacts is their concern. Mrs. Fredman asked if it is the job of the Board to consider only the effectiveness of the screening or if the members should be concerned about how the screening is connected to the roof or how its weight is supported. Chairman Zuckerman responded that the Board's only concern should be the mitigation of the visual impacts on the community, as the Village special consultant, HDR Engineering, is examining the structural implications to the existing building. Mr. Agatston asked about the current status of Metro PCS as a wireless provider to the area, as he believed they are not currently an active wireless provider in Rye Brook. He asked for information about MetroPCS plans for expansion into the Rye Brook area. Mr. Laub responded that MetroPCS is active in other markets around the country, for instance Philadelphia and Florida, and that they would like to expand their market into the northeast US. Mr. Agatston asked if MetroPCS is considering other site locations within Rye Brook. Mr. Laub stated this was possible, but at the moment the current co-location project is their only site in Rye Brook. As the Village Hall monopole has no more space for additional carriers it is likely that MetroPCS will look for other sites. Currently their focus is coverage along the I-287 corridor and the South Ridge Street area. Mr. Grzan asked about the height of the proposed equipment and screening. 4 of 6 December 11, 2008 Planning Board Minutes Approved Chairman Zuckerman asked the Building Inspector to review the matter and issue a written memo to the Board concerning the height of the proposed equipment and screening. The application was adjourned to January 8, 2009. Chairman Zuckerman called for the next item on the agenda: 4. 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 Chairman Zuckerman explained that the proposed local law is a way to deal with the "creep" forward towards the street of torn down and rebuilt homes overtime in the R-20 and R-25 Zoning Districts when using the contextual front yard formula to locate a home. He feels the streetscape in each district is important because it helps define the character of the neighborhood. However, as the existing requirements are now written front yards will continue to diminish in the two districts over time, ultimately approaching the minimum required. The solution proposed in the local law under consideration, which would apply only to teardown/rebuild situations, is to require that the new home be located at that same distance from the front property line as the existing home to be demolished so that the streetscape can be preserved. Mr. Grzan believes the local law may be over regulating residents and that he is not concerned about the "creep" forward of tear-down/rebuilds because applicants must come before the Planning Board for site plan approval. He believes the legislation under consideration is attempting to prevent problems before they happen and he questions whether the problem actually occurs. Mrs. Timpone-Mohamed believes the current discussion is a good one with both sides making valid points and raising appropriate concerns. She believes in the end there is more of a problem with "creep" in the R-25 Zone, the Byram Ridge neighborhood, than there is in the R-20 district. In Byram Ridge, homes built to maximum size will eventually move closer and closer to the front property line greatly altering the streetscape of the neighborhood. An argument can be made that the issue could be dealt with on a case by case basis during site plan review; however, putting a standard in the code would make review of future applications easier. Mr. Agatston believes the local law should be applied only to the R-25 district where the problem has more serious impacts. Mrs. Schoen agreed that the R-20 regulations should not be modified. 5 of 6 December 11, 2008 Planning Board Minutes Approved Mr. Grzan is in favor of the local law as long as the bulk standards for the R-25 district do not change. Mrs. Schoen stated she may vote for the legislation if it is limited to the R-25 Zone. Mrs. Fredman does not want to make any changes to the regulations of either district. Although he recognizes the problem, Mr. Agatston is not completely happy with the proposed local law as it is currently written. He believes there may be other ways to address the issue that should be explored. Chairman Zuckerman agreed with Mr. Agatston and stated he has some ideas for alternate approaches. He suggested the matter be scheduled for continued discussion at the meeting of January Stn Chairman Zuckerman called for the last item on the agenda: 5. 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 began discussion by noting he believes a two-year time period is too much time and asking the Board if they agree to reduce the time period to one year. The Board members all agreed. The Board discussed what is meant by minor modifications and a possible definition for the term. They concluded that minor changes are minor revisions to an approved site plan that may be necessary or requested during the course of construction for various reasons, which should not come back before the Planning Board for approval, but rather should be reviewed and approved by the Building Inspector. The Board suggested revisions to the definition as it was worded. Chairman Zuckerman noted that there will be further review and discussion of the matter at the January 8t"Planning Board meeting. On a motion made by Mr. Agatston and seconded by Mr. Grzan, the meeting was adjourned at 9:54 pm. 6 of 6