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HomeMy WebLinkAbout2009-08-13 - Planning Board Meeting Minutes DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, August 13, 2009 00000 ROLL CALL MINUTES 1. Review of the Planning Board minutes; June 25, 2009 and July 9, 2009 CONTINUED BUSINESS NEW BUSINESS PUBLIC HEARINGS 2. Review of a Site Plan Application by Pedro Vilca to replace a previously removed wrap around porch for the property at 51 Hawthorne Avenue, Rye Brook NY, parcel ID 135.75-1-83. 3. Review of a Site Plan Application and Steep Slopes Permit by Stephen Marchesani on behalf of Mr. & Mrs. Ciraldo for the teardown of an existing garage and to construct a new 2 story addition to the existing 1 family structure at 37 Hillandale Road, Rye Brook NY,parcel ID 135.128-1-37. • Motion to Open Public Hearing • Considering a Resolution 4. Review of a Site Plan Application by Mr. & Mrs. Minick to regrade the rear and side yards, construct a retaining wall for the property at 19 Parkwood Place, Rye Brook NY,parcel ID 129.67-1-45 • Motion to Open Public Hearing • Considering a Resolution DISCUSSION ITEMS Page 1 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. PRESENT BOARD Mr. Dominick Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED Mr. Warren Agatston STAFF Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Ms. Jennifer Reinke, Village Counsel Mr. Mike Nowak, Acting Village Engineer Mrs. Pat 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 called for the first item on the agenda: MINUTES 1. Review of the Planning Board minutes; June 25, 2009 and July 9, 2009 After a few wording changes noted by the secretary, a motion to approve the minutes was made by Mrs. Schoen and seconded by Mr. Grzan. Mr. Mike Nowalc, Acting Village Engineer called the roll: Page 2 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES Motion carried. Chairman Zuckerman called for the next item on the agenda: PUBLIC HEARINGS 2. Review of a Site Plan Application by Pedro Vilca to replace a previously removed wrap around porch for the property at 51 Hawthorne Avenue, Rye Brook NY,parcel ID 135.75-1-83. Chairman Zuckerman noted that the applicant requested an adjournment. Chairman Zuckerman called for a motion to adjourn the application to September 10, 2009 and on a motion made by Mrs. Schoen and seconded by Trustee Grzan, Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES Motion carried. Ms. Reinke, Village Counsel, noted that the applicant did not comply with the notification requirements, which would have required an adjournment anyway. Chairman Zuckerman requested that staff notify Mr. Vilca of the notification requirements for the next meeting. Chairman Zuckerman called for the next item on the agenda: Page 3 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 3. Review of a Site Plan Application and Steep Slopes Permit by Stephen Marchesani on behalf of Mr. & Mrs. Ciraldo for the teardown of an existing garage and to construct a new 2 story addition to the existing 1 family structure at 37 Hillandale Road, Rye Brook NY,parcel ID 135.128-1-37. • Motion to Open Public Hearing • Considering a Resolution Chairman Zuckerman stated that he received Notice pursuant to the public notification requirements of the Code, as he is a neighbor, and therefore recuses himself from hearing the application. Mr. John Grzan will act as Chairman instead.. Mr. Grzan gave a brief overview of the project and noted that he received notification from the Building/Fire Inspector who reviewed the application, finding it in compliance with the Zoning Code in all respects. Acting Chairman Grzan called for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll: MR. ACCURSO YES MR GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES ACTING CHAIRMAN GRZAN YES Motion carried. Mr. Marchesani, engineer for the applicant, addressed the board and gave a brief overview of the project. He met with Village consultants and staff and believes all items of concern have been addressed Mrs. Timpone-Mohamed, Village Planning Consultant, stated that she reviewed the revised plans. She noted that previous comments regarding tree preservation and protection that were not fully addressed have now been answered. Of particular concern was how tractor trailers used to move the modular units would bring the units onto the site and set them in place without doing damage to mature trees. The survey and plans have now been revised to show trees that were missing from the original plans. The applicant has petitioned to remove a significant tree due to disease, which requires Mr. Mike Nowak, Acting Village Engineer, to inspect the tree and give his professional opinion as a Certified Arborist regarding removal. Page 4of13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 Lastly, the Planning Board had requested a more developed landscape plan and replacement of invasive plant species with non-invasive species. Mr. Marchesani said he will revise the planting plan using suggestions from Mrs. Timpone—Mohamed. Mr. Grzan asked if there would be a problem with the crane getting into the site. Mrs. Timpone-Mohamed responded that she believes there should be no difficulties, although minor tree pruning might be necessary. Mrs. Schoen asked about the tree that is coining down and what is wrong with it. Mrs. Timpone-Mohamed explained it is a mature tree in the rear yard. In her opinion, if it were to remain, it would need care and pruning. She reminded the Board that the Village Code states that when an application is before the Planning Board and a tree removal is proposed, the Planning Board has jurisdiction to approve or deny the removal. Mr. Nowak, Acting Village Engineer, noted that he did a site visit and evaluated the tree in question. It is a 36-inch red maple, a mature tree past its peak that exhibits significant rot in the upper canopy. Many of the limbs are hollow and there is decay at the root flare as well as actual open wounds. The overall number of open wounds would warrant removal. In his opinion, the integrity of the tree is compromised. Mr. Goodman asked about the possibility of the tree falling during construction if it is not removed. Mr. Nowak responded that the tree is potentially dangerous because of the hollows and should be removed prior to the construction of the home for safety reasons. Based on his findings, he recommends that the tree be removed. Mr. Accurso asked what tree species the Village has been planting. Mr. Nowak responded that the Village plants a number of different tree species that are suitable for residential properties. Mr. Nowak addressed storm water management. He consulted with Mr. Marchesani and with Dolph Rotfeld and Mr. Marchesani has chosen to take a conservative approach to storm water management by proposing to install 6 cultec units to handle runoff from a 25 year storm for the new addition. Mr. Rotfeld reviewed the application and a deep-hole percolation test analysis. He recommends, based on the test, a 4-cultec system. However, the applicant has chosen to continue to propose the more conservative 1 6-unit design. There was a brief discussion regarding the water run off from the existing home and where it is going. Mr. Nowak explained that the stormwater management plan is designed to capture only the runoff from the new addition, which is in compliance with the Village Code. Page 5of13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 Although the sediment and erosion control is in conformance with Village standards, Mr. Nowak has requested a second row of hay bales and silt fencing for increased protection of the neighbor's yard. Mr. Dean Santon, 39 Hillandale Road, is the abutting neighbor in full support of the application. Although it disturbs him that the documentation of this project could have been better, he hopes there will be complete documentation of what is proposed and there will be best management practices in the field to achieve what is planned. Mrs. Schoen asked about the time frame for delivery of the modular units and voiced concern about school traffic, noting that 8:00 am on King Street during the school year is not a good time to have tractor trailer trucks traveling to the site. Mr. Marchesani responded that the unit deliveries will occur during the work week at various times but he would have no problem holding delivery off until 9:00 am. Mr. Mike Ciraldo, applicant, stated that there would not be traffic disturbances based on his experience with the construction of the home and stormwater run off has never been an issue for his neighbor. Ms. Reinke advised the Board that the applicant requested a waiver for a full topographical survey and the Board does have the authority to grant or deny the waiver. The decision will be noted in the resolution. Mrs. Timpone-Mohamed explained that in granting the waiver regarding the topographical survey it is only for this point in time. The applicant will be required to provide an "as built" survey after completion of construction and the revision regarding the landscape plan to replace the invasive species should be included in the resolution. Acting Chairman Grzan asked for a motion to close the public hearing and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll: MR. ACCURSO YES MR GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES ACTING CHAIRMAN GRZAN YES Motion carried. Page 6of13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 Acting Chairman Grzan asked for a motion to advance the vote and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll: MR. ACCURSO YES MR GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES ACTING CHAIRMAN GRZAN YES Motion carried. Ms. Reinke read the resolution: On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll: MR. ACCURSO YES MR GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES ACTING CHAIRMAN GRZAN YES Motion carried. August 13, 2009 RESOLUTION APPROVING A SITE PLAN AND A STEEP SLOPES WORK PERMIT FOR 37 HILLANDALE ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Stephen Marchesani submitted an application on behalf of property owners, Mr. and Mrs. Michael Ciraldo for site plan approval and a Steep Slopes Work Permit to construct an addition to the existing home and for site development, including a deck, modification of the driveway, walkways, steps and drainage facilities at 37 Hillandale Road, Section 135.28, Block 1, Lot 37 on the Town of Rye Tax Assessor's Map in the R-25 Zoning District: and WHEREAS, the Planning Board reviewed the following revised plans and application materials: 1. Building Permit Check List and Zoning Analysis Page 7of13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 2. Exterior Building Permit Application 3. Site Plan Application 4. Short Environmental Assessment Form 5. Memorandum from Dolph Rotfeld to Michal Nowak dated August 5, 2009 6. Revised Topographic Survey dated May 15 2009, prepared by Richard A. Spinelli, Surveyor, Mamaroneck, N.Y. 7. Architect's Plans, prepared by Stephen Marchesani, R.A., Purchase, N.Y.: Drawing Number Sheet Title Dated C-1 Existing Site 5/20/09 rev. 8/7/09 C-2 Site Plan 5/20/09 rev. 8/7/09 C-3 Details 5/20/09 rev. 8/7/09 C-4 Landscape Plan 6/10/09 rev. 8/7/09 C-5 Photos and Construction Plan 7/21/09 A-0 Zoning Data 6/23/09 rev. 8/7/09 A-1 Elevation and Floor Plan 5/20/09 rev. 8/7/09 A-2 Elevations 6/10/09 rev. 8/7/09 A-3 Elevations 6/10/09 rev. 8/7/09; 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, zoning, grading, tree protection, storm water management, erosion and sediment control and the construction management plan, and the plans were revised according to the comments; and Page 8of13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on August 13, 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 August 13, 2009; and WHEREAS, the Applicant requested a waiver of the requirement of the submission of a full topographic survey, as set forth at Section 209-3(c), due to cost of surveying the heavily vegetated rear of the property which will not be disturbed during construction. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby grants a waiver of the requirement of the submission of a full topographic survey, except that a complete as-built survey, including the setbacks, property lines and topographical data extending approximately 55 feet past the rear of the house, shall be submitted prior to the issuance of a Certificate of Occupancy; BE IT FURTHER RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the site plans listed herein and a Steep Slopes Work Permit to construct an addition to the existing home and for site development, including a deck, modification of the driveway, walkways, steps and drainage facilities at 37 Hillandale Road; and BE IT FURTHER RESOLVED, that the landscape plan shall be revised to replace the two invasive species depicted on the plans with two non-invasive hardwood trees; and BE IT FURTHER RESOLVED, that the Applicant shall make best efforts to avoid the delivery of the modular units to 37 Hillandale Road via King Street during peak traffic hours; 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 Page 9of13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 5. Review of a Site Plan Application by Mr. & Mrs. Minick to regrade the rear and side yards, construct a retaining wall for the property at 19 Parkwood Place, Rye Brook NY,parcel ID 129.67-1-45 • Motion to Open Public Hearing • Considering a Resolution Chairman Zuckerman called for a motion to open the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES Motion carried. Mr. Nardecchia, Engineer for the applicant, addressed the Board and gave a brief overview of the project, noting that the applicant had filed a drainage analysis for the original application but amended it when the patio was added. Five dry wells would handle the runoff from a 25 year storm. Mrs. Timpone-Mohamed addressed the Board and noted that all her original comments have been addressed. Her main concern currently is that the ground on the site has been open for a long time so that storm water is running over open ground when it rains. She would like to see the project expedited to alleviate the problem. Mr. Nowak advised that Board that the New York State Residential Code states that a permanently affixed ladder must be installed when a window-well fire exit is more than 44 inches deep, which is the case with the proposed plan. The applicant has affixed a ladder to the window well at the bottom, making it code compliant. Mr. Nowak addressed storm water management noting that there are 5 cultec units installed and functioning at the site as part of the original approved application and the open building permit. The stormwater from the addition and also from a portion of the existing structure is captured by the system. However, during each rain storm, sediment is washing off the site into the road and down a neighbor's driveway because the ground is open. It is imperative to treat these surfaces with sod or other plantings to eliminate the problem. Chairman Zuckerman called for a motion to close the public hearing and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll: Page 10 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES Motion carried. Chairman Zuckerman did a voice poll for advancing the vote and there was unanimous approval. Mrs. Reinke read the resolution August 13, 2009 APPROVED RESOLUTION APPROVING A SITE PLAN FOR 19 PARKWOOD PLACE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. and Mrs. Michael Minick, property owners, submitted an application for approval of a site plan to alter the existing grade and construct retaining walls, walkways and steps at 19 Parkwood Place, Section 129.67, Block 1, Lot 45 on the Town of Rye Tax Assessor's Map in the R-15 Zoning District; and WHEREAS, the Planning Board reviewed the following revised plans and application materials: 8. Building Permit Check List and Zoning Analysis 9. Site Plan Application 10.A Short Environmental Assessment Form 11.Fence/Wall Permit Application 12.An approved Exterior Building Application for Permit#3771, dated February 27, 2008. 13.Topographic Survey dated October 19, 2007, prepared by Link Land Surveyors, P.C., Mahopac, N.Y. 14.A plan drawing entitled "Proposed Retaining Wall and Regrading," revised August It, 2009 prepared by Larry J. Nardecchia, Jr., P.E., Ardsley, N.Y.; and Page 11 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 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, grading, storm water management, and erosion and sediment control, 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 August 13, 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 August 13, 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 to alter the existing grade and construct retaining walls, walkways and steps at 19 Parkwood Place; 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 a motion and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES Motion carried Mr. Accurso asked the Chairman for a discussion item. He believes the Village should consider that when there is an application for an addition to an existing structure that the run off from an existing structure is taken into consideration as well. The Village Page 12 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 Code does not require that right now and he believes we are missing an opportunity to address storm water issues in the Village. Chairman Zuckerman would like to get the opinion of the Village Attorney as to whether or not it is within the Planning Board's authority. Mrs. Timpone-Mohamed noted that applicants are not always required to just capture the new runoff from a new addition. Stormwater systems are approved on a site specific basis by the Village Engineer's Department and in the past, where there is an ongoing storm water run off problem, the Department has worked with the applicant to design a system that goes beyond the requirements of the Code. The Village Code sets a minimum standard, but the Board has raised the standard when it is determined by the engineering staff to be necessary. Chairman Zuckerman recommends that when the application first comes before the Village building and engineering departments the question of existing runoff should be part of the review. The issue should be raised when plans are first proposed and should be part of the check list or recommendation list internally, so that by the time it gets to the Planning Board Agenda it has already been discussed by the staff and professionals. Mr. Nowak responded that the check list does request that that item be addressed. Mr. Dean Santon stated that there should be due diligence. Mr. Nowak clarified that in evaluating the requirements of the Code and applying it to applications, staff must follow the Code. However, the Board has the power to increase the requirements beyond the minimum when necessary. With regard to storm water management, Rye Brook has high standards that go beyond what a lot of other local municipalities require. Mr. Grzan acknowledged that Mr. Nowak's responses tonight to the Board's questions regarding stormwater were handled well. Mr. Goodman agreed, as did the entire board. Mr. Accurso believes the Code should be changed to capture all runoff from existing structures as well as new ones. Chairman Zuckerman called for a motion to adjourn and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, the meeting was adjourned at 10:02 pm. Page 13 of 13 DRAFT MINUTES PLANNING BOARD—AUGUST 13, 2009 Page 14 of 13