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HomeMy WebLinkAbout2009-04-23 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, April 23, 2009 ROLL CALL MINUTES 1. Review of the February 12, 2009 Planning Board minutes NEW BUSINESS 2. Sketch Plan review of a site plan application by Mr. Michael Keilman for the property at 17 Berkley Lane, Parcel ID 135.43-1-8 in the R-15 Zoning District and in the Scenic Roads overlay District for multiple additions to the structure. ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS May 14, 2009 and May 28, 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. Domenick Accurso Mr. Warren Agatston Mr. John Grzan Mr. Robert Goodman Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman STAFF Mrs. Amanda Kandel, Village Counsel Mrs. Marilyn Timpone Mohamed, Village Planning Consultant Mr. Victor 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 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 congratulated Amy Schoen on being reappointed to the Planning Board for an additional 5 year term. He also welcomed to the Board Mr. Robert Goodman who was appointed to the Planning Board to fill the unexpired term of Mrs. Michele Fredman who has been appointed to the Zoning Board of Appeals. Chairman Zuckerman also announced that Village Engineer Victor Carosi is leaving Rye Brook having accepted a new position as Commissioner of Public Works for the Town of Greenburgh and wished him well. Mr. Mike Nowak, the former Junior Engineer is now Assistant Civil Engineer and in addition has most recently become a Certified Arborist for the Village. Chairman Zuckerman congratulated all on their accomplishments. Chairman Zuckerman also stated that the Village had received a positive decision in the court case, City of Rye v Rye Brook which was in regard to the K&M project, and that as part of its decision, the court made note that this matter was before this Planning Board for 11 years and that the decisions of the Planning Board are supported by the evidence presented. Chairman Zuckerman gave congratulations to all the Planning Board members,past and present, and the Board of Trustees for all their hard work. Chairman Zuckerman called for the first item on the agenda: MINUTES 1. Review of the February 12, 2009 Planning Board minutes Before the vote, Mrs. Schoen asked if she should abstain from voting as she was not present at the February 12`h meeting at which Chairman Zuckerman advised her that as long as she had reviewed the minutes, she could vote on them. On a motion made by Mr. Agatston and seconded by Mrs. Schoen, Mr. Carosi called the roll: MR. DOMENICK ACCURSO YES MR. WARREN AGATSTON YES MR. JOHN GRZAN YES MR. ROBERT GOODMAN YES MR. BILL LAUFER YES MRS. AMY SCHOEN YES CHAIRMAN ZUCKERMAN YES MOTION CARRIES Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 2. Sketch Plan review of a site plan application by Mr. Michael Keilman for the property at 17 Berkley Lane, Parcel ID 135.43-1-5 in the R-15 Zoning District and in the Scenic Roads overlay District for multiple additions to the structure. Chairman Zuckerman explained that there is a possible jurisdictional matter regarding grade modification and the plan exceeds the gross floor area by 485 square feet. Mr. Michael Keilman, the applicant and owner of the property, address the board and explained that his engineer could not be present tonight but he was prepared to give the board an overview of the project. He explained that the plan pushes the house out over the garage and the main purpose for the renovation is that the roof over the garage is collapsing and he wants to make the house more symmetrical. Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant, advised the board that the applicants engineer is requesting a 12% variance in the gross floor area. They are regarding the front yard to add an additional two feet so as to reduce the number of steps that lead up to the front of the home. Her concern is the drainage noting that there were no swales on the plans submitted. In addition, there are going to be small additions to the rear, front and second floor that may cause visibility issues in regard to the Scenic Roads Overlay District as the rear elevation that faces Ridge Street will be 3 stories tall on a hill. There may also be construction issues because of the proposal and finally, there is not enough information to determine tree removal and a landscape plan had not yet been submitted. Chairman Zuckerman asked the asked the applicant if he was aware of those concerns prior to tonight's meeting and his response was no. Mr. Carosi, Village Engineer, is concerned with the grading changes. The front yard and side yards slope down from the road toward Ridge Street. The front of this home is on Berkley Lane and the rear yards face Ridge Street. He would also like to see tome type of Swale or possibly modify the grading so as not to encourage water movement off the site. He suggests that future plans do show everything down to the shrubbery and he also recommends that a landscape plan be submitted. Mr. Agatston agrees it is unfortunate that the applicant's engineer is not present tonight and feels he can't give any advice at this point because there is not enough knowledge and recommends that they continue this as a sketch plan and not go through the cost of an application until the review is complete. The applicant concurs and apologizes and the remainder of the board agrees as well. Mrs. Marilyn Timpone-Mohamed believes he should go to the Zoning Board of Appeals first because of the size of the variance and depending on that outcome; it may have an affect on the application. Mr. Laufer asked about the grading at which the applicant explained that the basement is front is exposed, the stairs are exposed and because of that, water gets in the house and he is hoping the grading will improve the drainage. Mrs. Kandel, Village Attorney, added that the Building Inspectors has not done a zoning analysis and there may be other variances required. Chairman Zuckerman stated that what disturbs him is the degree of the variance required believing that everything else is all solvable. The variance is substantial and that would indicate it will go to the Zoning Board but it cannot be sent there until there is an actual application. He suggests that the applicant speak to his engineer, have him watch the streaming video of tonight's meeting and flush out the application and then he can address the issues. Chairman Zuckerman also asked about a survey at which the applicant responded that he does have a current survey and it is topographical. Chairman Zuckerman would like to add an item to the agenda and re-open the discussion on front yard setbacks. The Board of Trustees addressed the proposed code changes and their discussion revolved around what if an applicant wanted to add a portico or a very small addition. Trustee Pat Sanders Romano, liaison to the Planning Board, addressed the board and explained in the Board of Trustees discussion there was concern as to whether this legislation would limit the applicant from adding something small like a portico and force them to go before the Zoning Board. The issue came around to if maybe this was over legislation and if whether the existing code addressed the issue and they have asked that this proposal come back before this board for additional feedback. Chairman Zuckerman asked, procedurally, if the Board of Trustees was going to propose language for this Board to comment on and will they want a fon-nal report or to just view this discussion. Regarding substance, this board needs to decide if they want to consider a carve out in principle or do we want to stand behind our original proposal. Mr. Agatston added that there is a definition of porch but no definition of portico. He initially felt that the legislation proposed and forwarded to the Board of Trustees was good but after watching streaming video he realized what there concerns were. He thinks this Board had done their job and if the Board of Trustees feels that we should change or amend this section to add a porch or portico — so be it — but let them give us some guidance. Mrs. Schoen agrees. Mr. Grzan thinks that the word portico should not be used because it technically does not exist. Mr. Accurso is completely opposed to the potential "carve out" so he does not want it added. Mr. Laufer agrees that the Board of Trustees should give this board guidance. Chairman Zuckerman believes that if the Board of Trustees wants this Board to opine on something further, it would be prudent for them to suggest legislation. He had also asked Mr. Carosi and Mrs. Mohamed to research and see if any decorative porches have been added in the R25 zone at which Mrs. Mohamed responded that neither her nor Victor can remember an application where the applicant was just doing a carve out. With there being no further discussion, Chairman Zuckennan called for a motion to adjourn and on a motion made by Mr. Agatston and seconded by Mr. Grzan, the meeting was adjourned at 8:39 pm.