HomeMy WebLinkAbout2009-09-10 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday, September 10, 2009
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ROLL CALL
MINUTES
1. Review of the Planning Board minutes; August 13, 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.
• Motion to Open Public Hearing
• Considering a Resolution
3. Considering a resolution cancelling the September 24, 2009 meeting
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. Dominick Accurso
Mr. Robert Goodman
Mr. John Grzan
Mr. Bill Laufer
Mr. Warren Agatston
Chairman Gary Zuckerman
EXCUSED Mrs. Amy Schoen
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; August 13, 2009
There being no comments from the Board, Chairman Zuckerman asked for a motion to
approve the minutes and on a motion made by Mr. Agatston and seconded by Mr.
Goodman, Mr. Nowak called the roll:
MR ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MR. AGATSTON YES
CHARIMAN ZUCKERMAN YES
Motion carried.
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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.
• Motion to Open Public Hearing
• Considering a Resolution
Chairman Zuckerman asked for a motion to open the public hearing and on a motion
made by Mr. Agatston and seconded by Mr. Grzan, Mr. Nowak called the roll:
MR ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MR. AGATSTON YES
CHARIMAN ZUCKERMAN YES
Motion carried.
Chairman Zuckerman gave a brief overview of the project and noted that the applicant
has appeared before the Zoning Board of Appeals and was granted 4 setback variances.
Mr. Aldo Vitigliano, Attorney for the applicant, addressed the Board stating that this is
the third time his applicant has appeared before the Board. The application is for the re-
building of a wrap around porch for which drawings have been submitted.
Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the Board and stated
that she had met with the applicant's Landscape Architect, as requested by the Board, in
order to update the planting plans. The landscape architect has submitted a plan that, in
her opinion, more than adequately addresses the Boards concerns regarding improvement
of the plantings in the SROD buffer on North Ridge Street. Mrs. Timpone-Mohamed
added that she also reviewed the revised site plan and the SROD regulated 35-foot
buffers for North Ridge Street and Hawthorne Avenue are not shown on the site plan and
the required front yard setback, though shown, is incorrect on the Hawthorne Avenue
side of the property.
Mr. Mike Nowak, Acting Village Engineer, addressed the Board stating that because the
scope of this project is less than 400 square feet, storm water management is not required.
In regard to sediment and erosion control, Mr. Nowak pointed out that the property is
basically flat but does contain a small slope on the Ridge Street side of the property and
therefore recommends the applicant install silt fencing to hold back any soil excavated
from the post holes that might be left on the site.
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Mr. Nowak also noted that there is a large White Oak tree on the property in the area
where the proposed porch would be located. Mr. Nowak would like the limits of
construction to be located 7 feet from the tree trunk to protect the root system and to
make sure no heavy equipment causes damage. He also requested that an Arborist
evaluate the tree as he believes it is in need of maintenance pruning and care.
Chairman Zuckerman asked the applicant if he would have any problems addressing the
items mentioned.
Mr. Vitigliano responded that new drawings were submitted acknowledging the 45-foot
front yard setbacks and asked for confirmation of receipt. Mr. Nowak explained that the
45—foot setback is required on both property frontages, Hawthorne Avenue and Ridge
Street,because of the property is in the Scenic Roads Overlay District.
Mr. Vitigliano will make the change in regard to the buffer and the other items discussed
by Mr. Nowak and Mrs. Timpone-Mohamed will be addressed as well.
Chairman Zuckerman asked about the applicant's willingness to have a Conservation
Easement placed on the property in the buffer area only. Mr. Vitigliano responded that he
had discussed it with his client and believes it is a fair request but would like additional
time to perform a little more research. He added that the Board could expect cooperation
from his client. Ms. Reinke, Village Counsel, added that tax breaks may be available if
the Conservation Easement is added voluntarily by the applicant.
Chairman Zuckerman called for a motion to adjourn this application to October 8 and on
a motion made by Mr. Goodman and seconded by Mr. Grzan, Mr. Nowak called the roll:
MR ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MR. AGATSTON YES
CHARIMAN ZUCKERMAN YES
Motion carried.
There being no further business, Chairman Zuckerman called for a motion to adjourn and
on a motion made by Mr. Agatston and seconded by Mr. Goodman, the meeting was
adjourned at 9:18 pm.
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