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HomeMy WebLinkAbout2009-02-12 - Planning Board Meeting Minutes February 12, 2009 Planning Board Minutes Approved VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday February 12, 2009 - 8:00 p.m. ......................................................................... ROLL CALL MINUTES 1. Review of the January 8, 2009 Planning Board minutes PUBLIC HEARINGS 2. 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. • Motion to Open Public Hearing (Applicant requesting adjournment to March 12, 2009) 3. 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. • Motion to Open Public Hearing • Considering a Resolution 4. 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. • Motion to Open Public Hearing RESOLUTIONS 5. Resolution regarding 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. 6. Resolution Considering a Report and Recommendation to the Board of Trustees 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-25 One-Family Residential District. 7. Resolution Considering a Report and Recommendation to the Board of Trustees 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. CONTINUED BUSINESS Page 1 of 12 February 12, 2009 Planning Board Minutes Approved NEW BUSINESS S. Review and Discussion of a proposed local law regarding waiver provisions in section 209-3E of the Village Code referred to the Village Planning Board for report and recommendation 9. Review and Discussion of a proposed local law regarding survey requirements in section 209-3C of the Village Code referred to the Village Planning Board for report and recommendation DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS February 26, 2009 and March 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 Mr. John Grzan Mr. Bill Laufer Chairman Gary Zuckerman EXCUSED Mrs. Amy Schoen Mrs. Michele Fredman 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 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 Page 2 of 12 February 12, 2009 Planning Board Minutes Approved 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 now 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 January 8, 2009 Planning Board minutes Action on the minutes is adjourned to the next board meeting. PUBLIC HEARINGS 2. 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. This application is adjourned to the meeting of March 12th at the applicant's request. Chairman Zuckerman requested that agenda item 4 be addressed ahead of item 3. With no objection from the Board, Chairman Zuckerman called for previous item#4, now#3: 3. Review of a site plan application by Emilio Escaladas, P.E. on behalf of Mr. Ma and Mrs. He for the removal of the existing retaining wall and regarding of property at 10 Boxwood Place, Rye Brook NY, parcel ID 129.67-1-22 Chairman Zuckerman noted that the Public Hearing was not noticed by the applicant, and at the applicant's request, this application will be adjourned to the meeting of March 12th Chairman Zuckerman called for the next item on the agenda: 4. 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,parcel ID 136.29-1-10. Chairman Zuckerman called for a motion to open the Public Hearing and on a motion made by Mr. Agatston and seconded by Mr. Laufer, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. Page 3 of 12 February 12, 2009 Planning Board Minutes Approved Mr. Mark Mustacato of RMG Associates on behalf of the applicant gave a brief overview of the project and noted that all comments received from the Planning Board, Planner and Village staff and required revisions have been made and that the plan was revised and resubmitted. Mr. Marilyn Timpone-Mohamed confirmed that all concerns from the original submission have been addressed. Mr. Carosi also confirms that all engineering related items have been addressed. Chairman asked for comments from the public. No comments from the public were received. Chairman Zuckerman noted the smoothness of this project and the lack of controversy, considering this project is a tear down, and again congratulates the applicant as well as the engineer for their design and attention to this project. Chairman Zuckerman called for a motion to close the public hearing. On a motion made by Mr. Grzan and seconded by Mr. Agatston, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. Chairman Zuckerman requested a motion to advance this application to a vote and on a motion made by Mr. Agatston and seconded by Mr. Grzan, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. Mrs. Timpone-Mohamed read the resolution. On a motion made by Mr. Agatston and seconded by Mr. Grzan, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. Page 4 of 12 February 12, 2009 Planning Board Minutes Approved February 12, 2009 RESOLUTION APPROVING A SITE PLAN FOR 22 BEECHWOOD BOULEVARD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Mark Mustacato submitted an application on behalf of property owners, Christopher and Mamie Korpi for site plan approval to construct a new single family home at 22 Beechwood Boulevard, Rye Brook, New York, designated on the Town of Rye Tax Assessor's Map as Section 136.29, Block 1, Lot 10 in the R-25 Zoning District; and WHEREAS, the Planning Board reviewed the following revised plans and application materials: 1. Building Permit Checklist and Zoning Analysis 2. Site Plan Application 3. Tree Removal Permit Application 4. Exterior Building Permit Application 5. Short Environmental Assessment Form 6. Topographic Property Survey, revised July 18, 2008, prepared by Contractors' Line and Grade South, L.L.C., Elmsford, N.Y. 7. Landscape Architect's Plan, revised January 10, 2009, prepared by A. Anthony Acocella, Landscape Architect, P.C., Harrison, N.Y. 8. Architect's Plans, prepared by Richau, Mustacato, Grippi Associates, Harrison, N.Y.: Sheet Number Sheet Title Dated A-1 Zoning and Location Map rev. 1/6/09 A-2 Site Plan A and Site Plan B rev. 1/6/09 A-3 Construction Schedule and Details rev. 1/6/09 A-4 Height/Setback Ratio Analysis rev. 12/1/08 A-5 Section and Front Elevation rev. 12/1/08 A-6 Right Side Elevation rev. 12/1/08 A-7 Rear Elevation rev. 12/1/08 A-8 Left Side Elevation rev. 12/1/08 A-9 Foundation Plan 11/20/08 A-10 First Floor Plan 11/20/08 A-11 Second Floor Plan 11/20/08; and Page 5 of 12 February 12, 2009 Planning Board Minutes Approved 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, the landscape plan, tree protection, storm water management, erosion and sediment control and the construction management plan, 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 February 12, 2009, 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 February 12, 2009. 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 construction of a new two-story, single-family home at 22 Beechwood Boulevard; 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: RESOLUTIONS 5. Resolution regarding 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. The Public Hearing was closed at the last meeting of the Planning Board. Mrs. Kandel read the resolution and on a motion made by Mr. Agatston and seconded by Mr. Laufer, the roll was called: Page 6 of 12 February 12, 2009 Planning Board Minutes Approved Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried. February 12, 2009 RESOLUTION APPROVING A SITE PLAN FOR 8 MAPLE COURT VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Andrew Peterson, on behalf of Cynthia and Renato Ochoa, submitted an application to the Village of Rye Brook pursuant to Chapter 209 of the Village Code requesting site plan approval to construct a new single family home at 8 Maple Court, Rye Brook, New York, designated on the Tax Assessor's Map as Section 135.66, Block 1, Lot 71 in the R-10 Zoning District; and WHEREAS, the Planning Board reviewed the following revised plans and application materials: 1. Building Permit Checklist and Zoning Analysis 2. Site Plan Application 3. Exterior Building Permit Application 4. Short Environmental Assessment Form 5. Topographic Property Survey, revised July 16, 2008, prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, NY. 6. Memo with attachment to the Planning Board from Westchester Modular Homes Construction Corporation dated 12/29/08 regarding a construction management plan 7. Engineer's Plans, prepared by Anthony S. Pisarri, P.E., P.C., Cortlandt Manor, NY: Sheet Number Sheet Title Dated No number Proposed Site Plan rev. 1/26/09 No number Existing Conditions rev. 1/15/09 Page 7 of 12 February 12, 2009 Planning Board Minutes Approved No number Landscaping/Erosion Control Plan rev. 1/26/09 No number Detail Sheet rev. 10/29/08 Builder's Plans, prepared for Westchester Modular Homes, Inc., Wingdale, NY: Sheet Number Sheet Title Dated 0 Cover Sheet rev. 7/2/08 1 Elevations rev. 7/2/08 2 Foundation Plan rev. 7/2/08 3 Proposed Foundation Plan 10/7/08 3A First Floor Plan rev. 7/2/08 3B Second Floor Plan rev. 7/2/08 4 Cross Section rev. 7/2/08 5A First Floor Plumbing Plan rev. 7/2/08 5B Second Floor Plumbing Plan rev. 7/2/08 6A First Floor Electrical Plan rev. 7/2/08 6B Second Floor Electrical Plan rev. 7/2/08 7C First Floor FHW Heating rev. 7/2/08 7D Second Floor FHW Heating rev. 7/2/08 8 Standard Notes &Details rev.7/2/08; 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, the landscape plan, tree preservation, storm water management and erosion and sediment control, and the construction management plan, 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 January 8, 2009, 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 January 8, 2009. 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 construction of a new two-story, single-family home at 8 Maple Court subject to the condition that all tree pruning required for construction of the home Page 8 of 12 February 12, 2009 Planning Board Minutes Approved shall be performed by a licensed tree care professional in such a way as to preserve the shape and vigor of the trees pruned, and under the observation of the Village Engineer; 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: 6. Resolution Considering a Report and Recommendation to the Board of Trustees 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-25 One-Family Residential District. Mr. Grzan stated that he is still not clear or convinced that this is necessary. He is concerned that there are other large size lots in the other zoning districts within the village and wonders why we are only focusing on R25. Mr. Zuckerman explained that originally they had included R20 but this board decided to leave it out. This proposal modifies the front yard set backs and this report lays out the reasoning behind it to the Board of Trustees. Mr. Agatston added that they have put a lot of work into this and have made a lot of compromises and he believes this is a commendable change to the law. Mr. Accurso added that he does not believe we are nit picking but tweaking and refining and this will reduce the footprint of the lot. Mr. Grzan is concerned that we might unjustifiably penalize some homeowners. Chairman Zuckerman believes by making the suggested amendments the Board is preserving the character of the neighborhood and without this, he believes, over time with repeated tear downs there will be a procession of front yard creep and in the end the homes will be at the 45-foot level rather then at the set back and the neighborhoods would change. Mr. Laufer was concerned originally that we were over regulating but now feels that this is a fair compromise After a brief discussion, Chairman Zuckerman called for a motion to accept the proposed report and recommendation and on a motion made by Mr. Agatston and seconded by Mr. Laufer, the roll was called: Page 9 of 12 February 12, 2009 Planning Board Minutes Approved Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckennan Yes Motion carried Mrs. Kandel read the resolution authorizing the submission of the report to the Board of Trustees and on a motion made by Mr. Agatston and seconded by Mr. Laufer, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried Chairman Zuckerman called for the next item on the agenda: 7. Resolution considering a report and recommendation to the Board of Trustees 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. Chairman Zuckerman explained that basically this will allows us to retain jurisdiction over site plans until the applicant receives a Certificate of Occupancy and then for a year thereafter. Chairman Zuckerman asked for a motion to accept the report and on a motion made by Mr. Agatston and seconded by Mr. Grzan, the roll was called: Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried Mrs. Kandel read the resolution authorizing submission of the report to the Board of Trustees and on a motion made by Mr. Agatston and seconded by Mr. Laufer, the roll was called: Page 10 of 12 February 12, 2009 Planning Board Minutes Approved Mr. Accurso Yes Mr. Agatston Yes Mr. Grzan Yes Mr. Laufer Yes Chairman Zuckerman Yes Motion carried Mr. Grzan asked if any member of the Planning Board can make a suggestion for discussion such as these Local Law changes or does it have to be requested by the Chair. Chairman Zuckerman responded that any member of the board may make suggestions to possible changes to a local law but that the suggestion should be communicated through him as Chair or to Trustee Sanders-Romano to bring to the Board of Trustees for consideration. NEW BUSINESS 8. Review and discussion of a proposed local law regarding waiver provisions in Section 209-3E of the Village Code referred to the Village Planning Board for report and recommendation. Chairman Zuckerman explained that this is before the Planning Board in response to the request from applicants for waivers. This proposed change allows the staff to make the recommendation but the Board makes the final decision of the issuance of the formal waiver. The Local Law will also make clear that the board that issues the waiver is the ultimate approval authority, and that may sometimes be the Board of Trustees. Mrs. Kandel explained that the ultimate determination would come from the approval authority at the recommendation of the Building Department or the Village Engineer. She explained that it was ultimately meant to tweak the language in the code to do what is already being done anyway. Mr. Carosi explained that the concept for the request is that certain items on the checklist may or may not be necessary on every application. He would make his recommendations early on but allowing the final yes or no should be up to the Board that makes the waiver determination— it is a procedural matter and the ultimate decision should be made by the board with approval authority. The time the recommendation would be made would be early on—during the sketch plan review for example. After discussion of various aspects of the proposed Local Law, the Chairman adjourned this discussion to March 12"' and called for the last item on the agenda: Page 11 of 12 February 12, 2009 Planning Board Minutes Approved 9. Review and discussion of a proposed local law regarding survey requirements in Section 209-3C of the Village Code referred to the Village Planning Board for report and recommendation. Chairman Zuckerman explained that this proposal modifies the current requirement, makes clear that the survey has to be recently certified by a licensed land surveyor and gives the Village Engineer the right to require a topographical survey as well. The purpose of the proposed change is that the Planning Board and the Board of Trustees need to have accurate information on the project before them. This is only required with site plan review—and is not required of any project that is of a minor nature. After discussion of various aspects of the proposed Local Law, the Chairman adjourned this discussion to March 12`h The Chairman discussed future meetings scheduled for April with the Board. He noted that the first meeting in April falls during Spring Break and is the second night of Passover. Two possible alternatives are to either cancel the first meeting for April, and leave the meeting as scheduled for April 23, which will leave a very large gap between meetings, or schedule a meeting for April 16th. Chairman Zuckerman will poll the Board members and the secretary will advise of the room availability for a meeting on April 16t'1 Chairman Zuckerman asked for a motion to adjourn and on a motion made by Mr. Grzan and seconded by Mr. Agatston, the meeting was adjourned at 9:32 pm. Page 12 of 12