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Home My WebLink About2009-05-28 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY, MAY 28, 2009 - 8:00 P.M. ROLL CALL MINUTES 1. Review of the March 12, 2009 and April 23, 2009 Planning Board minutes CONTINUED BUSINESS 2. Review of a Site Plan Application by Trevor Coutinho for the conversion of a single family to a two family dwelling for the property at 20 Wyman Street, Rye Brook NY,parcel ID 141.43-1-23. • Considering a Resolution referring application to Zoning Board of Appeals NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS 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 Ms. Jennifer Reinke, Village Counsel 1 OF 5 Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak, Acting Village Engineer 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 complete 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 also introduced Ms. Jennifer Reinke who will be taking over as Village Counsel for the Planning Board while Mrs. Kandel is on maternity leave. Chairman Zuckerman called for the first item on the agenda: MINUTES 1. Review of March 12th and April 23rd Planning Board Minutes After a minor wording change request by Mrs. Schoen, a motion to accept the minutes as amended was made by Mr. Agatston and seconded by Mrs. Schoen. Mr. Mike Nowak, Acting Village Engineer, called the roll: MR. ACCURSO YES MR. AGATSTON YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES MOTION CARRIED Chairman Zuckerman called for the second item on the agenda: CONTINUED BUSINESS Review of a Site Plan Application by Trevor Coutinho for the conversion of a single family to a two family dwelling for the property at 20 Wyman Street, Rye Brook NY,parcel ID 141.43-1-23. • Considering a Resolution referring application to Zoning Board of Appeals 20F5 Juan Carlos, Architect for the applicant, addressed the Board and gave a brief overview of the project which converts a single family home to a two family home. Chairman Zuckerman explained that this application has been in progress since 2006 and is currently being addressed in court as well. Mrs. Kandel explained that the applicant had originally performed work without the proper permits and this application is being submitted to rectify that. Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the Board and explained that the application was last before the Board in 2008 at which time the applicant was advised to meet with the village consultants and staff to assist the applicant with revising the plans. That meeting took place 9/23/08 and the plans submitted currently before the Board are a result of that meeting and have also been reviewed by the Building Inspector. Some issues have been addressed such as parking and access to High View Avenue, but there are additional technical issues that still need to be addressed. According to the Building Inspector, approval of the application will require four variances. Chairman Zuckerman added that based on the Building Inspector's review, four variances are required and this board needs to determine if it should be immediately referred to the Zoning Board or should the applicant be required to make additional changes to the plan first. Mrs. Timpone-Mohamed stated that based on her review and the cooperation of the applicant, it is her recommendation that the application be referred to the Zoning Board before further improvements to the plan are made, as the variances are critical to the feasibility of the current site plan. Mrs. Kandel noted that because of the length of time this matter has been pending in Court, the judge was not very happy with either the Village or the applicant. In response to that, the Building Inspector placed this application on the Zoning Board agenda for the meeting of June 2, 2009. There being no further comments from the Board, Mrs. Kandel read the resolution referring this application to the Zoning Board. On a motion made by Mrs. Schoen and seconded by Mr. Agatston, Mr. Nowak called the roll: MR. ACCURSO YES MR. AGATSTON YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES 3OF5 MOTION CARRIED May 28, 2009 APPROVED 7-0 RESOLUTION REFERRING A SITE PLAN TO CONSTRUCT SITE IMPROVEMENTS AT20 WYMAN STREET TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Trevor Cuthino has made an application to the Village of Rye Brook for approval of a site plan to construct modifications to an existing single family home and property in the R2-F zoning district located at 20 Wyman Street, Section 141.43, Block 1, Lot 23 on the Tax Assessor's Map to change it to a two-family residence; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Permit Application 2. Architect's Plans, prepared by Greenwich Design Architects, Greenwich, CT: Sheet Number Sheet Title Dated A-0.00 Cover Sheet 11/29/06,rev 3/17/09 A-0.01 Project Data 11/29/06, rev 3/17/09 A-0.02 Site Plan 11/29/06,rev. 3/17/09 A-0.03 Runoff Data Tree Preservation 11/29/06,rev. 3/17/09 A-0.04 Landscape Grading Plan 11/29/06, rev. 3/17/09 A-1.00 Floor Plans 11/29/06, rev. 3/17/09 A-1.01 Elevations South &North 11/29/06, rev. 3/17/09 A-1.02 Elevations Right &Left 11/29/06, rev. 3/17/09 A-1.03 Section Notes 11/29/06,rev. 3/17/09; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information, submitted comments and made recommendations to the applicant regarding the site and landscape plans, parking, zoning, grading, and impervious surface coverage; and 4OF5 WHEREAS, the plans were revised according to said recommendations and no other planning issues were identified; and WHEREAS, the residence and site plan, as proposed, would require the following variances for approval of the site plan based on the Building Inspector's determination: 1. A variance from the requirement of no changes to the exterior of the building as stated in Section 250-25.L.2.b of the Village Code, 2. A variance from the requirement for egress to the rear yard of the building for each apartment as stated in Section 250-25.L.2.c of the Village Code, 3. A variance for the number of code compliant off-street parking spaces for a 2- family dwelling as required by 250-25.L.2.d of 3 spaces, 4. A 2.8 foot variance for the required single side yard setback as required by 250- 25.F.2.a; and WHEREAS, the Planning Board understands these variances to be necessary pursuant to a zoning analysis conducted by the Village Building Inspector; and WHEREAS, the Planning Board believes that pursuant to § 179-12(A) of the Village Code the application should be referred to the Zoning Board of Appeals for a determination on the area variances required before final site plan approval is given; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW THEREFORE BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby refers the site plan application listed herein, to modify an existing single family home and property located at 20 Wyman Street to change it to a two-family residence, to the Zoning Board of Appeals for a determination on the area variances; and BE IT FURTHER RESOLVED, once the determination has been made by the Zoning Board of Appeals regarding the area variances, the applicant shall return to the Planning Board for final site plan review with any revisions, if necessary, to the proposed project based upon the determination of the Zoning Board of Appeals. There being no further business, Chairman Zuckerman called for a motion to adjourn and on a motion made by Mrs. Schoen and seconded by Mr. Agatston, the meeting was adjourned at 8:23 pm. 5OF5