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HomeMy WebLinkAbout2010-03-11 - Planning Board Meeting Minutes DRAFT MINUTES March 11,2010 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday March 11, 2010 - 8:00 p.m. ............................................................................................... ROLL CALL MINUTES 1. Review of February 11, 2010 Planning Board minutes PUBLIC HEARING 2. Review of a Site Plan Application by Mr. Michael Keilman for multiple additions, a steep slope work permit and regrading of property located within the Scenic Roads Overlay District for the property at 17 Berkley Drive, Rye Brook NY,parcel ID 135.43-1-8. • Considering a Resolution to Close the Public Hearing • Considering a Resolution regarding the Approval of Application CONTINUED BUSINESS 3. Review of a Site Plan Application by Douglas Vaggi on behalf of Dr. Rothman for a subdivision and construction of a new single family dwelling on new lot at 2 Elm Hill Drive, Rye Brook NY, parcel ID 135.51-1-1. • Considering a Resolution to Set a Public Hearing 1 OF 8 DRAFT MINUTES March 11,2010 NEW BUSINESS 4. Review of a Site Plan Application by Andrew G. Peterson (Westchester Modular Homes Construction Corp.) on behalf of Mr. Howard Lim and Mrs. Joyce Lim to demolish an existing house and construction of a new modular home at 83 Valley Terrace, Rye Brook, NY, Parcel ID 135.15-1.62 • Considering a Resolution to Set a Public Hearing DISCUSSION ITEMS 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 Chairman Gary Zuckerman EXCUSED Mr. Warren Agatston Mrs. Amy Schoen STAFF Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Ms. Amanda Kandel, Village Counsel Mr. Mike Nowak, Acting Village Engineer Mr. Dolph Rotfeld, Village Consulting Engineer Ms. Shari Melillo, Planning Board Secretary Chairman Zuckerman acknowledged Mayor Joan Feinstein in the audience as well. 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, as well as the meeting minutes, can be found on the Village website and also announced that the public can view the Planning Board meetings via streaming video on the website. 2 OF 8 DRAFT MINUTES March 11,2010 The Chairman called for the first item on the agenda: Chairman Zuckerman noted that the first item on the agenda was a review of the minutes from the February 11, 2010 Planning Board meeting but they were not yet available for the Board to review.. He called for the next item on the agenda. PUBLIC HEARING 2. Review of a Site Plan Application by Mr. Michael Keilman for multiple additions, a steep slope work permit and regrading of property located within the Scenic Roads Overlay District for the property at 17 Berkley Drive, Rye Brook NY, parcel ID 135.43-1-8. • Considering a Resolution to Close the Public Hearing • Considering a Resolution regarding the Approval of Application Chairman Zuckerman stated that the applicant requested an adjournment and on a motion made by Mr. Grzan and seconded by Mr. Goodman, the application was adjourned to March 25th. Mr. Nowak, Acting Village Engineer called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES CHAIRMAN ZUCKERMAN YES MOTION APPROVED 5-0 Chairman Zuckerman called for the next item on the agenda: CONTINUED BUSINESS 3. Review of a Site Plan Application by Douglas Vaggi on behalf of Dr. Rothman for a subdivision and construction of a new single family dwelling on new lot at 2 Elm Hill Drive, Rye Brook NY, parcel ID 135.51-1-1. • Considering a Resolution to Set a Public Hearing 30F8 DRAFT MINUTES March 11,2010 Chairman Zuckerman stated that the application is back before the Planning Board after being sent to the Zoning Board of Appeals where all the required variances were granted. Mr. Vaggi, Architect for the applicant, addressed the Board and gave a brief overview of the project. He explained that in addition to receiving the variances, they were asked and have complied with removing part of the parking area in the front yard to reduce the impervious surface coverage and updated plans have been submitted. He was in receipt of comments from Mr. Nowak and Mrs. Timpone-Mohamed and stated that he did not see any major issues and fully intended to make the requested revisions. Mr. Brian Smith, Engineer for the applicant is handling the civil engineering for the project. He gave a brief synopsis of the project and addressed the storm water management plan briefly, as well as the comments from Mr. Nowak and Mr. Rotfeld. They believe they have made the revisions requested and resubmitted plans for review. He added that he had received additional comments from Mr. Rotfeld but does not see anything major and they will address/amend and resubmit. Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the Board and stated that the Zoning Board had granted variances from the maximum allowable gross floor area and the non conforming front yard at the 2 Elm Hill property In addition, because the applicant had reduced the impervious surface coverage by removing the front yard parking area the need for a possible fourth variance was eliminated. She requested that the new plans show the correct count in regard to the number of trees being removed and that a planting plan that includes replacement trees should be provided. There are also concerns regarding views of the new house from Crawford Park as trees would be removed and the Planning Board has discretion to determine if the minimum mitigation for tree removal is sufficient. Mr. Dolph Rotfeld, Village Engineer Consultant, addressed the Board and discussed his March 10th memo regarding the sanitary sewer line and grading concerns around the pool area. Mr. Grzan is bothered by what he feels is a creative way the plan works around the bulk standards of the Zoning Code by proposing the 20 foot wide strip. Mr. Laufer sees multiple issues with this application and believes this Board should wait until the missing information is submitted to set the public hearing. Mr. Accurso concurs with Mr. Grzan regarding the 20 foot wide strip in that it circumvents the Zoning Code. He suggested that the front yard parking area should be reduced even more than it has been. Mr. Vaggi explained that parking is prohibited on the applicant's street so the extra parking does assist the homeowner. 4 OF 8 DRAFT MINUTES March 11,2010 Chairman Zuckerman agrees with Mr. Accurso and Mr. Grzan regarding the 20 foot wide strip, as it is not a proper planning tool and it serves only to enlarge the second lot. Chairman Zuckerman suggested April 22nd as a date for opening the public hearing and stressed to the applicant to get the plans in as soon as possible and to make sure they are complete and address all the issues discussed. Mrs. Kandel, Village Attorney, asked about the restrictive covenant and if the applicant was still planning to move forward with that. The response from the applicant was yes. Mrs. Kandel also advised the Board that if the subdivision lines were to change, the applicant would have to go back before the Zoning Board. Mrs. Timpone Mohamed read the resolution setting the public hearing: RESOLUTION SETTING A PUBLIC HEARING CONCERNING APPLICATIONS FOR SUBDIVISION AND SITE PLAN APPROVALS FOR A TWO LOT SUBDIVISION OF 2 ELM HILL DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Douglas R. Vaggi, architect for property owners, Dr. Stanley Rothman and Harriet Rothman, made applications to the Village of Rye Brook for approval of a subdivision and site plans to subdivide property and construct, on the new lot (0 Betsy Brown Road), a new one-family dwelling with attached garage, driveway and parking court, patio and in-ground swimming pool, with the existing one-family dwelling to remain on the existing lot (2 Elm Hill Drive), in the R-12 Zoning District located at 2 Elm Hill Drive, Section 135.51, Block 1, Lot 1 on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on April 22, 2010 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. 50F8 DRAFT MINUTES March 11,2010 Chairman Zuckerman called for a motion and on a motion made by Mr. Grzan and seconded by Mr. Goodman, Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES CHAIRMAN ZUCKERMAN YES MOTION APPROVED 5-0 Chairman Zuckerman called for the next item on the agenda: CONTINUED BUSINESS 3. Review of a Site Plan Application by Andrew G. Peterson (Westchester Modular Homes Construction Corp.) on behalf of Mr. Howard Lim and Mrs. Joyce Lim to demolish an existing house and construction of a new modular home at 83 Valley Terrace, Rye Brook, NY, Parcel ID 135.15-1.62 • Considering a Resolution to Set a Public Hearing Mr. Anthony S. Pisarri, Engineer for Westchester Modular representing the applicants addressed the Board and gave a brief overview of the project. He noted that there is a stream in the rear yard with the 100 year flood elevation at 125.5. Also, the brook has a 100 foot regulated wetland buffer. The project involves a complete teardown of the old house and replacement with a modular home while retaining the driveway, the retaining wall and the front walkway. No grading is required. Mrs. Timpone-Mohamed addressed the Board and asked about setting the modular units. Her concern was with potential conflicts between the overhead wires and the existing trees and the movement and installation of the modular units. Mr. Pisarri responded that they will get the equipment into the yard before the crane goes up but if there should be a need, Con Edison can come out and raise the wires. A certified arborist can be retained to trim the tree if necessary. Mrs. Timpone-Mohamed asked about compaction of the soil by heavy equipment necessary to set the modular units. She was concerned about damage to tree roots, and asked that the plans specify a device to spread the load of the equipment and protect existing trees. She added that in regard to the two "dead" trees in the back of the home, they would have to be removed anyway because it appears they would be too close to the home. The Board will have to determine if the landscape plan and tree replanting plan is sufficient to compensate for the loss of screening between the property and the adjacent neighbor. 6 OF 8 DRAFT MINUTES March 11,2010 Mr. Nowak stated that if the public hearing is going to be set for March 251i' the applicant would have to have the plans submitted for review no later than Tuesday, March 16tH Mr. Accurso asked about the elevation of the basement floor and if it was the same elevation as the floor of the current basement, to which Mr. Pisarri responded "yes." Mr. Accurso asked about flooding, to which Mr. Lim, the homeowner, responded that in 13 years the only time water came out of the brook was the major storm of April 2007, but the water did not reach the house and he is lucky considering that some of his neighbors experienced terrible flooding. Mrs. Timpone-Mohamed read the resolution setting the Public Hearing: RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL AND A WETLANDS PERMIT FOR 83 VALLEY TERRACE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Andrew Peterson of Westchester Modular Homes Construction Corporation submitted an application for approval of a site plan and a permit to perform work in a wetlands on behalf of the property owners, Mr. Howard Lim, Jr. and Mrs. Joyce Lim, to demolish an existing residence and build a new residence of modular construction on the lot located at 83 Valley Terrace, in the R-7 zoning district, Section 135.51, Block 1, Lot 62 on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on March 25, 2010 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Planning Board, 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 Type II, requiring no further review pursuant to the requirements of SEQRA; and 7 OF 8 DRAFT MINUTES March 11,2010 BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Chairman Zuckerman called for a motion to accept the resolution and on a motion made by Mr. Grzan and seconded by Mr. Laufer, Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES CHAIRMAN ZUCKERMAN YES MOTION APPROVED 5-0 Chairman Zuckerman called for a motion to adjourn and on a motion made by Mr. Laufer and seconded by Mr. Grzan, the meeting was adjourned by a unanimous voice vote at 9:20 pm. 8OF8