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HomeMy WebLinkAbout2009-03-12 - Planning Board Meeting Minutes March 12, 2009 Planning Board Draft Version 1 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, March 12, 2009— 8:00 PM ...................................................................... ROLL CALL 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 regrading of property at 43 Hillandale Road, Rye Brook NY,parcel ID 129.84-1-20. • Applicant withdrawing application 3. 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 regrading of property at 10 Boxwood Place, Rye Brook NY,parcel ID 129.67-1-22. • Applicant withdrawing application RESOLUTIONS 4. Resolution canceling the March 26, 2009 and April 9, 2009 Planning Board meetings CONTINUED BUSINESS 5. 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 • Considering resolution to refer the report and recommendation and proposed local law back to the Board of Trustees 6. 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 March 12, 2009 Planning Board Draft Version 1 • Considering resolution to refer the report and recommendation and proposed local law back 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. PRESENT BOARD Mr. Domenick Accurso Mr. Warren Agatston Mr. John Grzan Mrs. Michele Fredman Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. Bill Laufer STAFF Mrs. Amanda Kandel, Village 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 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 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 March 12, 2009 Planning Board Draft Version 1 Chairman Zuckerman called for a motion to approve the revised minutes from January 8, 2009 and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: MR. ACCURSO YES MR. AGATSTON YES MRS. FREDMAN YES MR. GRZAN YES MRS. SCHOEN YES CHAIRMAIN ZUCKERMAN YES Motion carried. Chairman Zuckerman explained that in regard to the next two applications on the agenda, neither had complied with the notice requirements. He added that the application for 43 Hillandale Road had requested an adjournment without date until the applicant can submit revised plans. The applicant of 10 Boxwood has revised their plans as such that they are no longer required to come before this board and will be removed from the agenda. Chairman Zuckerman called for the next item on the agenda: RESOLUTIONS 4. Resolution canceling the March 26, 2009 and April 9, 2009 Planning Board meetings Mrs. Kandel read the resolution cancelling the two meetings, one due to the Planning Board attending a seminar and the other which falls on Passover. March 12, 2009 RESOLUTION VILLAGE OF RYE BROOK PLANNING BOARD BE IT RESOLVED, that the Planning Board hereby cancels its March 26 and April 9, 2009 meeting. Chairman Zuckerman called for a motion and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: March 12, 2009 Planning Board Draft Version 1 MR. ACCURSO YES MR. AGATSTON YES MRS. FREDMAN YES MR. GRZAN YES MRS. SCHOEN YES CHAIRMAIN ZUCKERMAN YES Motion carried. Chairman Zuckerman called for the next item on the agenda: CONTINUED BUSINESS 5. 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 • Considering resolution to refer the report and recommendation and proposed local law back to the Board of Trustees There was a brief discussion regarding some minor word changes. As there were no further comments, Chairman asked for a motion to accept the report and recommendations and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the roll was called: MR. ACCURSO YES MR. AGATSTON YES MRS. FREDMAN YES MR. GRZAN YES MRS. SCHOEN YES CHAIRMAIN ZUCKERMAN YES Motion carried. Mrs. Kandel read the resolution submitting the report to the Board of Trustees. Chairman Zuckerman asked for a motion and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the roll was called: MR. ACCURSO YES MR. AGATSTON YES MRS. FREDMAN YES MR. GRZAN YES MRS. SCHOEN YES CHAIRMAIN ZUCKERMAN YES March 12, 2009 Planning Board Draft Version 1 Motion carried. PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED LOCAL LAW REGARDING AMENDMENTS TO CHAPTER 209, SITE PLAN REVIEW WAIVER PROVISION I. LOCAL LAW OVERVIEW On January 27, 2009 the Village of Rye Brook Board of Trustees ("BOT") referred proposed amendments to Chapter 209 of the Code of the Village of Rye Brook regarding the waiver provision to the Village of Rye Brook Planning Board for report and recommendation. The Planning Board is to submit a report and recommendation to the Board of Trustees concerning the proposed amendments. The BOT initially proposed this legislation in response to a suggestion made by the Planning Board Chairman in a July 18, 2008 memo to Trustee Sanders-Romano, Planning Board Liaison. The concept behind the amendment is to modify the existing language of the code to reflect what actually occurs procedurally. The proposed amendment clearly gives responsibility to the approval authority, based on a recommendation by the Building Inspector or Village Engineer, to make a finding that a waiver or waivers are appropriate in the particular situation at hand. II. PLANNING BOARD DISCUSSION AND RECOMMENDATIONS The Planning Board reviewed and discussed the proposed amendment at its February 12, and March 12, 2009 meetings. In its discussion, the Board noted that this amendment was presented to the BOT for consideration after at least two waiver requests came before the Planning Board for site plan approval last spring. The applicants requested waivers from certain provisions of § 209 and the Village Engineer was reluctant to issue a waiver for any provision prior to the application going before the full Planning Board for review and approval. The language in § 209-1(E) as currently written allows either the Building Inspector, Village Engineer, Planning Board or Board of Trustees to make a determination concerning a waiver. The proposed amendment to the Code will require the approval authority to make the final determination regarding the waiver. Such determination will be based, however, on the recommendation of the Building Inspector or Village Engineer. The Planning Board noted that what currently occurs procedurally is that the Building Inspector or Village Engineer writes a recommendation memo to the approval board based either on a waiver requested by the applicant or on the March 12, 2009 Planning Board Draft Version 1 Building Inspector or Village Engineer's own determination after review of the application. The approval authority reviews this recommendation and grants a waiver or waivers as it deems appropriate. The granting of such waiver(s) and the findings upon which they are based are set forth in resolutions approved by the approval authority. In addition, the Planning Board discussed that the proposed change makes clear that it is the final approval authority which has the responsibility to grant the waiver(s) in cases where both the Planning Board and the Board of Trustees review site plan applications. The Planning Board also noted that the amendment as proposed does not impact the ability of the Board to request additional information as the application proceeds. Rather the amendment deals solely with the issue of who makes the final determination for the formal waiver. III. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the local law as modified herein. Dated: Rye Brook,New York March 12, 2009 March 12, 2009 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON A PROPOSED LOCAL LAW REGARDING AMENDMENTS TO CHAPTER 209, SITE PLAN REVIEW WAIVER PROVISION BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the attached Report and Recommendation to the Village of Rye Brook Board of Trustees on the proposed local law regarding amendments to Chapter 209, Site Plan Review Waiver Provision and requests the Planning Board Secretary forward a copy of the Report to the Board of Trustees and the Village Administrator. March 12, 2009 Planning Board Draft Version 1 Chairman Zuckerman called for the last item on the agenda: 6. 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 • Considering resolution to refer the report and recommendation and proposed local law back to the Board of Trustees Chairman Zuckerman explained that this proposed local law is regarding survey requirements —requiring surveys and what is required in the survey— and is based on the recommendations/requirements of the Building Inspector and Village Engineer. Mr. Accurso asked if it was necessary to note "New York State" in the report at which Mr. Nowak, Jr. Engineer, responded it was. Mr. Accurso is also concerned that the wording contradicts itself in regard to the requirement of topographical surveys adding that topographical information is pulled from a survey and then transposed into a site plan. Mr. Zuckerman suggested it could be reworded to say "such other information as required by the Building Inspector or the Village Engineer "which" may include but not be limited to a topographical survey." Mrs. Schoen asked if someone had a survey done 3 years prior to their application, would the Village require a new survey be done. Chairman Zuckerman responded that only a recertification of an existing survey would be required under those circumstances. Mrs. Schoen does not think an applicant will find a surveyor to do that. Mrs. Kandel added they would just have to recertify the old one just by looking at the property—it has been done before and it is more cost effective for the applicant. Chairman Zuckerman added that if the applicant should have a survey that was done just say 14 months ago, then the applicant can request a waiver. Mr. Accurso suggested a wording change from "outline" to "meets and bounds" and after a brief discussion the Chair pointed out that part is not before this board or part of this referral. Mr. Agatston responded that it is a simple change and something that he believes is needed and we can still discuss other changes in the future Mrs. Kandel thinks the preference is to deal with what is before us but added that this board could look at it further in the future. A majority of the board agrees and no other changes will be made at this time. March 12, 2009 Planning Board Draft Version 1 Chairman Zuckerman asked for a motion to accept the report as modified and on a motion made by Mr. Agatston and seconded by Mrs. Schoen, the roll was called: MR. ACCURSO YES MR. AGATSTON YES MRS. FREDMAN YES MR. GRZAN YES MRS. SCHOEN YES CHAIRMAIN ZUCKERMAN YES Motion carried. PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED LOCAL LAW REGARDING AMENDMENTS TO CHAPTER 209, SITE PLAN REVIEW SURVEY REOUIREMENTS IV. LOCAL LAW OVERVIEW On January 27, 2009 the Village of Rye Brook Board of Trustees ("BOT") referred proposed amendments to Chapter 209 of the Code of the Village of Rye Brook regarding the survey requirements under site plan review to the Village of Rye Brook Planning Board for report and recommendation. The Planning Board is to submit a report and recommendation to the Board of Trustees concerning the proposed amendments. The BOT initially proposed this legislation in response to a suggestion made by the Planning Board Chairman in a July 18, 2008 memo to Trustee Sanders-Romano, Planning Board Liaison. The concept behind the amendment is to require an up-to-date survey that accurately reflects existing conditions on the property, including the boundaries. In addition, the amendment also allows the Building Inspector and/or Village Engineer to require such other information, including but not limited to a topographical survey, at his/her discretion when the situation requires it. V. PLANNING BOARD DISCUSSION AND RECOMMENDATIONS The Planning Board reviewed and discussed the proposed amendments at its February 12, and March 12, 2009 meetings. The Board noted that the amendments were presented to the BOT in reaction to situations that had arisen in the past where applicants submitted surveys that were in excess of 50 years old. In such a situation, there is no way for the Planning Board to know, from the document, whether there have been changes to the lot and that the current March 12, 2009 Planning Board Draft Version 1 conditions are accurately reflected. The language currently requires only a survey map defining precisely the boundaries of the property. The amendments add the requirements that the survey accurately reflect the existing conditions on the map and that the survey should be certified by a New York State licensed land surveyor no more than one year prior to the date of the application. The Planning Board noted that the amendments deal specifically with site plan applications and is not referring to projects of a minor nature that are handled administratively by the building department. The Planning Board also noted that the requirement that the survey be certified within one year of the application does not necessarily mean a new survey, only that the survey be recertified within that one year period. The language concerning the ability of the Village Engineer to require a topographic survey was added for situations in which steep slopes or other issues relating to storm water may arise and require a topographic survey. This provision will allow the Village Engineer to require a survey in order to complete his or her review of the application and give a recommendation to the respective Board. The Planning Board noted the additional burden this provision may place on the applicant, but felt that possible environmental issues, together with the professional opinion of the Village Engineer, mitigated that issue. An additional provision was added by the Planning Board giving the Village Engineer and/or Building Inspector the discretion to add further information to any survey. This provision is in response to Planning Board members concerns that some surveys may be incomplete thus making review more difficult. Rather than burden the code with an exhaustive list the Board determined the decision would be better left to the discretion of the Building Inspector and/or Village Engineer. VI. CONCLUSION In conclusion, the Planning Board recommends [does not recommend] the BOT approve the local law as modified herein. Dated: Rye Brook,New York March 12, 2009 March 12, 2009 Planning Board Draft Version 1 Mrs. Kandel read the resolution after which Chairman Zuckennan asked for a motion and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the roll was called: MR. ACCURSO YES MR. AGATSTON YES MRS. FREDMAN YES MR. GRZAN YES MRS. SCHOEN YES CHAIRMAIN ZUCKERMAN YES Motion carried. March 12, 2009 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON A PROPOSED LOCAL LAW REGARDING AMENDMENTS TO CHAPTER 209, SITE PLAN REVIEW SURVEY REQUIREMENTS BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the attached Report and Recommendation to the Village of Rye Brook Board of Trustees on the proposed local law regarding amendments to Chapter 209, Site Plan Review Survey Requirements and requests the Planning Board Secretary forward a copy of the Report to the Board of Trustees and the Village Administrator. Chairman Zuckerman asked for a motion to adjourn and on a motion made by Mr. Agatston and seconded by Mrs. Fredman, the meeting was adjourned at 8:34 pm.