HomeMy WebLinkAbout2009-06-25 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday June 25, 2009 - 8:00 p.m.
......................................................................................................
ROLL CALL
MINUTES
1. Review of the May 28, 2009 Planning Board minutes
NEW BUSINESS
2. Review of a Site Plan Application by Pedro Vilca to replace a previously
removed wrap around porch for the property at 51 Hawthorne Ave, Rye
Brook NY,parcel ID 135.75-1-83.
• Considering a resolution setting a Public Hearing
• Considering a Resolution referring application to the Zoning Board of
Appeals
CONTINUED BUSINESS
DISCUSSION ITEMS
ACTION ON NON-AGENDA MATTERS
Subject to consent of Planning Board Members present at the meeting.
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PRESENT
BOARD
Mr. Robert Goodman
Mr. Bill Laufer
Mrs. Amy Schoen
Chairman Gary Zuckerman
EXCUSED Mr. Dominick Accurso
Mr. Warren Agatston
Mr. John Grzan
STAFF Mrs. Marilyn Timpone Mohamed, Village Planning Consultant
Mr. Mike Nowak, Acting 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, as well as the minutes, can be found on the Village website and also
announced that the public can now view the Planning Board meetings via streaming
video also on the Village website.
Chairman called for the first item on the agenda:
MINUTES
1. Review of the May 28, 2009 Planning Board minutes
As there were no changes or discussion, on a motion made by Mrs. Schoen and seconded
by Mr. Laufer, the roll was called:
MR. GOODMAN YES
MR. LAUFER YES
MRS. SCHOEN YES
CHAIRMAN ZUCKERMAN YES
MOTION CARRIED
Chairman called for second item on the agenda:
NEW BUSINESS
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2. Review of a Site Plan Application by Pedro Vilca to replace a previously
removed wrap around porch for the property at 51 Hawthorne Ave, Rye
Brook NY, parcel ID 135.75-1-83.
• Considering a resolution setting a Public Hearing
• Considering a Resolution referring application to the Zoning Board
of Appeals
Mr. Vilca addressed the board and submitted pictures of the old porch for review and
gave a brief overview of the project.
Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the board and
explained that this application is in the R15A zone and the Scenic Roads Overlay
District, which requires an increase in the front yard to 45 feet on both the North Ridge
Street and Hawthorne Avenue frontages, as the property is a corner lot. The porch was
removed because it was deemed unsafe by the Building Department. The home is an
existing non-conforming structure and would need variances for both of the front yard
setbacks to rebuild the porch. The lot is subdividable; however, the owner has expressed
no desire to subdivide the property. She believes the Village and the Planning Board
should consider potential methods to give the Village the ability to conserve historic
homes and properties such as this one. Regarding the porch construction, very little
disturbance of the site will be necessary. There is no excavation, grading or tree removal
necessary as the porch is being rebuilt exactly as the original. Mrs. Timpone-Mohamed
recommends that the application go before the Zoning Board of Appeals to petition for
the required variances before the Planning Board schedules a Public Hearing.
Chairman Zuckerman applauded Mr. Vilca for wanting to maintain and rebuild this
historic structure. This house is located on the far corner of a large lot which is sub
dividable and asked if it was considered moving the house further into the property. Mr.
Vilca believes the house has charm the way it was built with the wrap around porch
facing both streets, Hawthorne and Ridge Street, and prefers to leave the home where it
was originally placed.
Chairman Zuckerman asked the applicant about any future plans for this home even
though it is not germane to this application.
Mr. Vilca responded that he plans to keep the home exactly the way it is.
Mrs. Schoen agrees that moving the home would destroy the historic nature.
Mrs. Timpone-Mohamed read the resolution referring this application to the Zoning
Board of Appeals after which Chairman Zuckerman and Mr. Goodman suggested small
wording changes.
On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called
the roll:
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MR. GOODMAN YES
MR. LAUFER YES
MRS. SCHOEN YES
CHAIRMAN ZUCKERMAN YES
MOTION CARRIED
June 25, 2009
RESOLUTION
REFERRING A SITE PLAN TO CONSTRUCT A FRONT PORCH AT
51 HAWTHORNE AVENUE TO THE VILLAGE OF RYE BROOK ZONING
BOARD OF APPEALS
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Pedro Vilca has made an application to the Village of Rye Brook
for approval of a site plan to re-construct a front wrap-around porch to an existing home
in the R-15A zoning district located at 51 Hawthorne Avenue, Section 135.75, Block 1,
Lot 83 on the Tax Assessor's Map; and
WHEREAS, the Planning Board reviewed the following plans and application
materials:
1. Site Plan Application
2. Short Environmental Assessment Form
3. Exterior Building Permit Application
4. Town of Rye Property Assessment Cards for Lot 83 and Lot 82, Section 135.75,
Block 1
5. Topographic Survey,prepared by Richard A. Spinelli, Land Surveyor,
Mamaroneck, NY, hand dated April 22, 2009 and initialed "R.S."
6. Architect's Plans,prepared by James G. Davis, Architect, P.C., Mamaroneck,
NY:
Sheet Number Sheet Title Dated
1 of 2 Site Diagram March 16,
2009
2 of 2 No Title January 26,
2009
No Number Landscaping Plan No Date; and
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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 plan and the restoration of the exterior of the home; and
WHEREAS, the following planning issues are identified by the Planning Board
for the consideration of the Zoning Board of Appeals:
1. The historic nature of the 114 year-old home that was located and built before
the adoption of zoning regulations by the Town of Rye
2. The porch would be rebuilt to the size and specifications of the original porch
that was demolished because it had deteriorated to the point that it had become
unsafe
3. The willingness of the owner to restore the historic exterior of the home thereby
preserving the presence of the home in the community
4. The prominent position the home occupies in the Scenic Roads Overlay District
on North Ridge Street
5. The importance of preserving historic buildings in communities to maintain
community character and to serve as links to the past for future generations; and
WHEREAS, the residence and site plan, as proposed, would require the following
variances for approval of the site plan pursuant to a zoning analysis conducted by the
Village Building Inspector:
1. A variance from the minimum required front yard setback in the R-15A Scenic
Roads Overlay District, §250-20.1.F(1). The required setback is 45 feet, the
applicant's existing nonconforming front yard setback at the Hawthorne Avenue
frontage is 23 feet and the existing nonconforming front yard setback at the North
Ridge Street frontage is 16 feet. The proposed wrap-around porch will result in a
19.6-foot setback at the Hawthorne Avenue frontage and an 1 1.1 foot setback at
the North Ridge Street frontage.
Required Legal Existing Non- Proposed
Conformity
Hawthorne 45 feet 23 feet 19.6 feet
North Ridge 45 feet 16 feet 11.1 feet
2. A variance from 250-7.F(6)(c) requiring a 35 foot wide vegetative buffer along
the Hawthorne Avenue frontage and along the North Ridge Street frontage. The
proposed wrap-around porch will encroach into the required Hawthorne Avenue
frontage vegetative buffer by 15.4 feet and into the required North Ridge Street
frontage vegetative buffer by 23.9 feet; 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
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WHEREAS, the Planning Board is familiar with the site and all aspects of the
project.
NOW, THEREFORE, BE IT RESOLVED, the Planning Board of the Village
of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), and
after review of the Short Environmental Assessment Form (EAF) prepared by the
Applicant, determines the proposed action to be a Type II Action requiring no additional
review under SEQRA;
BE IT FURTHER RESOLVED, for the reasons stated herein, the Village of
Rye Brook Planning Board hereby refers the site plan application listed herein, to re-
construct a wrap-around front porch on the home located at 51 Hawthorne Avenue, 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 Zoning Board of Appeals determination.
Trustee Dean Santon addressed the board and wanted to identify some of the potential
issues with regard to this application. The garage is under the home but there is a modern
door with modern hardware. There is no enclosed parking space, which begs the
question, will the Zoning Board have to deal with the additional issue regarding parking.
Chairman Zuckerman responded that when it comes back before this board that parking
will be part of the site plan review.
Trustee Santon discussed the Scenic Roads Overlay District and asked if it was
considered putting the porch on the other side of the house which would remove the need
for a variance. In addition, the records indicate the property was purchased in August of
1999 by Mr. Vilca and Mrs. Bowman and in July of 2000 there was a deed from Ms.
Bowman to Cindy Vilca and he would like to know who really owns the property
because it seem to be an inconsistent transfer.
Chairman Zuckerman responded that issue had already been investigated and the
property is owned by Pedro and Cindy Vilca. Counsel researched this issue and
confirmed and has no further concern with regard to the correct property owners.
Mr. Vilca addressed the comment in regard to the garage door stating it was that way
when they bought the property. The driveway for the house is shown along the adjacent
property for parking purposes. The wrap around porch has to go back the way it was
because in order to preserve the building it has to be done the same way and it will
protect the structure as well as discussed with the Building Inspector
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There being no further comments, Chairman Zuckerman called for a motion to adjourn
and on a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was
adjourned at 8:41 pm.
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