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HomeMy WebLinkAbout2009-01-08 - Planning Board Meeting Minutes January 8, 2009 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday January 8, 2009 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the November 13, 2008 Planning Board minutes 2. Review of the December 11, 2008 Planning Board minutes PUBLIC HEARINGS 3. 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 CONTINUED BUSINESS 4. 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 TD 141.35-2-39. • Considering a Report and Recommendation to the Board of Trustees 5. 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 6. 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 NEW BUSINESS 7. Review of a Site Plan Application by Emilio Escaladas, P.E. on behalf of Mr. Ma&Mrs. He for the removal of the existing retaining wall and re-grading of property at 10 Boxwood Place, Rye Brook NY,Parcel ID 129.67-1-22. • Considering a Resolution setting a Public Hearing 1 of 9 January 8, 2009 Planning Board Minutes Approved 8. Review of a Site Plan Application by Mark Mustacato (RMG Associates) on behalf of Mr. & Mrs. Korpi for the teardown and reconstruction of a single family dwelling at 22 Beechwood Blvd, Rye Brook NY,Parcel ID 136.29-1-10. • Considering a Resolution setting a Public Hearing 9. Review of a Site Plan Application by Craig Rowe (Tromontano and Rowe) on behalf of Mr. & Mrs. Greiner for site improvements and re-grading of property at 43 Hillandale Road, Rye Brook NY,Parcel ID 129.84-1-20. • Considering a Resolution referring the application to the Zoning Board of Appeals DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS January 22, 2009 and February 12, 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 PRESENT BOARD Mr. Domenic Accurso Mr. Warren Agatston Mrs. Michele Fredman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman 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 Mrs. Pat Sanders-Romano—Board of Trustees Liaison 2 of 9 January 8, 2009 Planning Board Minutes Approved 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 compete 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 minutes via streaming video on the Village website. Chairman Zuckerman called for the first item on the agenda: MINUTES 1. Review of the November 13, 2008 Planning Board minutes 2. Review of the December 11, 2008 Planning Board minutes On a motion made by Mrs. Schoen and seconded by Mrs. Fredman, the roll was called: Mr. Domenic Accurso Yes 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: PUBLIC HEARINGS 3. 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 Chairman Zuckerman called for a motion to open the public hearing and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: Mr. Domenic Accurso Yes 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 9 January 8, 2009 Planning Board Minutes Approved Mr. Tony Pisarri, PE, of Westchester Modular Homes, representing the applicant, addressed the Board. He briefly reviewed the proposed project — the removal of the existing home on the property and the installation of a modular home. He noted that the new home has a larger footprint than the existing one, but the new home will conform to the current zoning requirements. Chairman Zuckerman asked for comments from the Village Planner, Mrs. Timpone- Mohamed. She expressed concern regarding a Village street tree that will require pruning to allow the installation of the modular units. She suggested the Board consider recommending that the approval be conditioned to require that a certified tree care professional prune the tree and that the procedure be supervised by the Village Engineer. Mr. Todd Kennedy, resident of 6 Maple Court asked about the height of the new home. Mr. Pisarri responded that the new home is 12-feet higher then the existing home. Mr. Accurso asked if the floor area above the garage is to be included in the gross floor area calculations. Mr. Carosi explained that the space above the garage is part of the second floor of the home; therefore, it is included in the calculations. Expressing concern that the neighborhood understands potential delays or access restrictions along Maple Court during construction, Mr. Carosi asked Mr. Pisarri to review the process of delivering the home and setting the modular units. Mr. Pisarri explained that a crane will be located on the lot and all neighbors will be notified in advance of this action. The modular units will be brought in one at a time by truck and hoisted into place. He anticipates the road will be closed for 5-10 minutes at a time while the truck accesses the driveway. Flagmen will be present throughout the process. There will be a total of 4 modular units. Mr. Pisarri believes that the entire process should be completed by early afternoon of one workday. Mr. Pisarri responded to another question by Mr. Kennedy by stating that Westchester Modular will demolish the existing home in two days and that all debris would be removed from the site. Chairman Zuckerman called for a motion to close the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: Mr. Domenic Accurso Yes 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. 4 of 9 January 8, 2009 Planning Board Minutes Approved The vote on the application was adjourned to 2/12/2009. Chairman Zuckerman called for the next item on the agenda: CONTINUED BUSINESS 4. 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 addressed the Board stating that an amended application that includes the screening requested was submitted. Mr. Mike Musso of HDR, the Village consultant who performed a technical review of the proposal, stated that currently there are 12 existing Nextel antennas on the roof and Metro PCS plans to add 6 more for their needs. At this time, MetroPCS has no "on-air" sites in the area but does have approvals for two new sites in Port Chester. The Board discussed the screening recommendations. Mr. Crrzan stated that he does not believe the screening is adequate and will not minimize the visual impact and asked why it is on the roof and not the ground level. He believes that the building is on a street that is the gateway to the village and believes, in his opinion, that this equipment makes the building aesthetically unpleasing and believes co- locating this equipment to this location is not a good idea. He believes that if there is not room in the basement or garage for this equipment, that maybe it should not be installed at all. Mr. Laub added that the only space available for the additional equipment boxes necessary is on the roof of the building and that the proposed screening will be painted and maintained to match the color of the building. Mrs. Fredman asked about moving the equipment inside the building somewhere other then the basement. Mr. Muso explained that typically it is either on the roof, or in a garage or basement for convenience of access and to not disturb the tenants. The Board also discussed Mr. Muso's recommendation of signage for emissions. Mr. Muso explained it is brought up in his report because it serves as a reminder to the applicant that it should be installed and it is FCC required. Chairman Zuckerman called for a motion to vote on the draft recommendations to the Board of Trustees to approve the application with amendments, and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: 5 of 9 January 8, 2009 Planning Board Minutes Approved Mr. Domenic Accurso Yes Mr. Warren Agatston Yes Mrs. Michele Fredman Yes Mr. John Grzan No Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Chairman Gary Zuckerman Yes Motion carried. Chairman Zuckerman, with the approval of the Board, moved the next two matters, the discussion of proposed Local Laws, to the end of the Agenda and called for the following item: NEW BUSINESS 7. Review of a Site Plan Application by Emilio Escaladas,P.E. on behalf of Mr. Ma & Mrs. He for the removal of the existing retaining wall and re-grading of property at 10 Boxwood Place,Rye Brook NY, Parcel ID 129.67-1-22. • Considering a Resolution setting a Public Hearing Mr. Emilio Escalades, P.E., representing the applicants, addressed the Board, giving a brief overview of the project. He explained that an existing garden retaining wall along the western property line has, over time, begun to fail because trees were planted directly behind the top of the wall. Mr. Carosi provided a brief history of the events that led to a notice of violation being issued to the current homeowners from the Building Department. Chairman Zuckerman asked if removing the wall to install a Swale is the appropriate response to the failing retaining wall. Mr. Carosi responded that in his opinion, a retaining wall is a more environmentally sound solution. Chairman Zuckerman recommended the Board make a site visit to the property prior to the public hearing. The site visit was scheduled for January 17th at 9:00 A.M. Chairman Zuckerman called for a motion to set the Public Hearing for February 12, 2009 and on a motion made by Mr. Agatston and seconded by Mr. Grzan, Mr. Carosi called the roll: Mr. Domenic Accurso Yes Mr. Warren Agatston Yes Mrs. Michele Fredman Yes Mr. John Grzan Yes 6 of 9 January 8, 2009 Planning Board Minutes Approved Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Chairman Gary Zuckerman Yes Motion carried. Chairman Zuckerman called for the next item on the agenda: 8. Review of a Site Plan Application by Mark Mustacato (RMG Associates) on behalf of Mr. & Mrs. Korpi for the teardown and reconstruction of a single family dwelling at 22 Beechwood Blvd,Rye Brook NY,Parcel ID 136.29-1-10. • Considering a Resolution setting a Public Hearing Mr. Mark Mustacato, Architect for the applicant gave a brief overview of the project. He told the Board the project would remove the existing house from the property to construct a larger home. He believes the proposed house will conform to the R-25 district requirements and he has responded to the consultant's comments in the revised plans brought to the meeting. Mr. Tony Acocella, Landscape Architect for the applicant addressed the Board regarding comments about the landscape design from the Village Planning Consultant. Mrs. Mohamed commended the owners and their design team for proposing a site plan and home design that responds to the narrow site and that is completely compliant with the district regulations, improving the situation over the existing home and providing the owners with an elegant home to live in. Mr. Carosi stated his office has worked with Mr. Mustacato on the storm water design and is satisfied with the design and plan. He advised the Board that the design is adequate for a 25-year storm. Chairman Zuckerman commented on the project, saying that the architect and owners should be congratulated for eliminating existing non-conformities. Chairman Zuckerman called for a motion to set the Public Hearing for February 12th and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Domenic Accurso Yes 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. 7 of 9 January 8, 2009 Planning Board Minutes Approved Chairman Zuckerman called for the next item on the agenda: 9. Review of a Site Plan Application by Craig Rowe (Tromontano and Rowe) on behalf of Mr. & Mrs. Greiner for site improvements and re- grading of property at 43 Hillandale Road, Rye Brook NY, Parcel ID 129.84-1-20. • Considering a Resolution referring application to the Zoning Board of Appeals Mr. Craig Rowe, Landscape Architect, explained that the project proposes to reconfigure the existing circular driveway and create a courtyard at the front of the existing home. Aware of ongoing water flow from the property onto Hillandale Road, he spoke with Village staff concerning storm water management issues. Chairman Zuckerman pointed out that under the R-25 district regulations of the Village Code, the existing impervious surface coverage in the front yard is already non- conforming by 14% and the proposed work would increase the coverage by an additional 4%, requiring an area variance from the Village Zoning Board of Appeals for approval of the site plan by the Planning Board. He told Mr. Rowe that there are two options for the applicant to consider: (a) the matter can be adjourned by the Planning Board until the Zoning Board of Appeals acts on a request for a variance to exceed allowable front yard coverage or (b) the plan can be revised to remove the additional 4% of impervious surface coverage in the front yard, which would eliminate the need for the application to go to the ZBA for a variance. If the Applicant agrees to reduce the impervious surface coverage a Public Hearing can be scheduled and site plan review by the Planning Board can move forward. The applicant agreed to reduce the impervious surface coverage in the front yard to no more than the amount that exists currently. Mr. Accurso asked that the applicant further refine the project site layout to eliminate the steep slopes created by the current design. Chairman Zuckerman called for a motion to set the Public Hearing for February 12, 2009 and on a motion made by Mrs. Fredman and seconded by Mrs. Schoen, Mr. Carosi called the roll: Mr. Domenic Accurso Yes Mr. Warren Agatston Yes Mrs. Michele Fredman Yes Mr. John Grzan Yes Mr. Bill Laufer Yes Mrs. Amy Schoen Yes Chairman Gary Zuckerman Yes 8 of 9 January 8, 2009 Planning Board Minutes Approved Motion carried. Mr. Agatston suggested that the Board visit the property on January 17, 2009. Chairman Zuckerman suggested that the Architect speak with Mr. Carosi and Mrs. Mohamed to facilitate the applicant's response to other issues with the plans. Chairman Zuckerman called for the first discussion item: 5. 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 Mrs. Kandel explained that she removed the R-20 district zone from the proposed text revisions, and changed the method for calculating the depth of the front yard, as directed by the Board. Using the new calculation method, when a lot has an existing extra-deep front yard, the new home would neither move too far forward nor would it be required to remain at the "extra-deep" existing distance from the street. The new home would be located closer to the street, but not close enough to significantly alter the current streetscape context of the neighborhood. Mr. Agatston stated his belief that these compromise revisions work because they address all the concerns stated by the Board and would help preserve the R-25 area of the Village. Mrs. Fredman agreed that the solution is a good one. Chairman Zuckerman called for the final item on the agenda: 6. 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 stated that after the last meeting the only open matter was Section 11, which related to serial improvements when there was no previous Site Plan Review. He also stated his belief that Section 11 is a worthy concept, but that it is really not practical. The Board did not disagree. Chairman Zuckerman called for a motion to adjourn and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the meeting was adjourned at 10:14 pm. 9 of 9