Loading...
HomeMy WebLinkAbout2010-05-13 - Planning Board Meeting Minutes DRAFT MINUTES VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY, MAY 13, 2010 - 8:00 P.M. ROLL CALL MINUTES PUBLIC HEARING 1. Review of Subdivision and Site Plan Applications by Douglas Vaggi o behalf of Dr. Rothman for construction of a new single family dwelling on a new 1 Elm Hill Road, Rye Brook, NY, Parcel ID 135.51-1-1. NEW BUSINESS 2. Review of a Site Plan Amendment application, referred by the Board of Trustees, and submitted by Peter Stahl (Win Ridge Realty) for a trash container containment area located at Rye Ridge Shopping CenteA Rye Brook, NY Parcel ID 141.27-1-6. • Considering a report and recommendation to Board of Trustees 3. Review of a Subdivision Application by FHKP LLP (Leo Napior), on behalf of Mr. and Mrs. Frost, for relocation of the common property line for two lots located at 3 Hills Point Lane, Rye Brook, NY, Parcel ID 135.51-1-4 and 135.51-1-5. • solutions ting the Public Hearing CONTINUED BUSINESTr DISCUSSION I MS ACTION ON NO GENDA MATTERS PRESENT BOARD Mr. Dominick Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman 1 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES EXCUSED Mr. Dan Tartaglia STAFF Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Ms. Amanda Kandel, Village Counsel 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 meetings via streaming video on the Village website. The Chairman called for the first item on the agenda: PUBLIC HEARING 1. Review of Subdivision and Site Plan Applications by Douglas Vaggi on behalf of Dr. Rothman for construction of a new single family dwelling on new lot at 2 Elm Hill Road, Rye Brook, NY, Parcel ID 135.51-1-1. Mr. Douglas Vaggi addressed the Board as arcf etecitk0obrI.-teeapplicant. He stated that the questions that were raised at the last Board meeting regarding the calculation of the patio area have been addressedAnd highlighted on the site plan. As far as the restrictive covenant, Mrs. Kandel, Village AttAcy, has been given the paperwork. Chairman Zuckerman responded that he received from Mr. Vaggi an email with questions from the applicant and he circulated it to the Board. He also advised him that the Building Inspector would review the calculations and hates regarding the impervious surface coverage that were Prov ed and the Board will wait for ai0date from Mr. Izzo. Chairman Zuckerman asked Mr. Nowak to give an update in regard to the storm water runoff discussed at the last meeting, as Mr. Nowak has had a discussion with Dolph Rotfeld, Village Consulting Engineer. Mr. Nowak explained that he has had discussions with Mr. Rotfeld and Mr Rotfeld approved the storm water management for this site—both the existing lot and the proposed lot. Chairman Zuckerman added that the Village Attorney will draw up the agreement for the restrictive covenant and will be in touch with Mr. Vaggi or the applicant's attorney if she has any questions. He also noted that Mr. Vaggi inquired about the determination regarding the acceptance of the lot line and Chairman Zuckerman responded that the Board had expressed their views at the prior meeting. The major issue remaining is the landscape plan and he is aware that Mrs. Timpone-Mohamed, Village Planning Consultant, was at the site and met with the applicant's landscape architect. 2 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES Mrs. Timpone-Mohamed addressed the Board noting that she met with Mr. Stephen Karlson, walked the site, viewed the lot from Crawford Park, discussed the type of screening that the Board would be looking for and she believes Mr. Karlson will provide a good plan as she has worked with him before. Chairman Zuckerman called for a motion to adjourn the application to June 10, 2010, 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. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES MOTION APPROVED 6-0 Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 2. Review of a Site Plan Amendment application, referred by the Board of Trustees, by Peter Stahl (Win Ridge Realty) for a trash container containment area located at Rye Ridge Shopping Center, Rye Brook, NY, Parcel ID 141.27-1-6. • Consideringa report and recommendation to Board of Trustees In Mr. Peter Stahl, Vice Pre ident for Operations, Win Properties, addressed the Board and gave a brief overview of the project, the location ofchain link fence enclosure for two dumpsters in the northeast corner of the parking lot adjacen to Ridge Street and Bowman Avenue at the Rye Ridge Shopping Center to be usedb th new Chipotle Restaurant and a future tenant in the same building. Chairman Z an advised Mr. Stahl that putting a dumpster on Ridge Street, one of the main roads into Rye , , which is in the Scenic Roads Overlay District, is really an oxymoron. Mr. Stahl responde the existing trash compactor is three times the distance from the location of the new to is and the location of the new dumpsters would shorten the travel time and distance to carry t e garbage. It is Mr. Stahl's opinion that the garbage carts would be visible from Bowman Avenue as they were wheeled to the existing dumpster. He stated that the proposed dumpsters would be enclosed. He provided pictures of the enclosure, which is already constructed, for the Board to review. It was Mr. Stahl's opinion that the pictures show that the dumpster site will be barely visible from multiple angles around the shopping center. Mr. Stahl, in closing, advised the Board that the feedback from the public regarding the shopping center upgrades has been very positive. He added that some changes require making allowances and this dumpster area would be one of them. 3 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES Mrs. Schoen agrees that the other changes and upgrades that have been made to the shopping center have been very positive, but putting the dumpsters in the requested area will be an eye sore. She believes that Win Ridge should find a better location for the dumpsters. She is also concerned about vermin and animals that may be attracted to the dumpsters and believes that the rear of the shopping center would be a better location. She is also personally offended because the Planning Board spent a lot of time trying to make the last set of site plan improvements the vehicle to make the shopping center the premier focal point of the Village and the proposed modification to that plan diminishes all the time and effort spent. Mrs. Timpone-Mohamed advised the Board what she observed, while ' ing south on Ridge Street was that the dumpster is clearly visible from the street. She also believes that the proposed design will impede traffic flow in the shopping center as it appears the enclosure doors are 9 feet wide, which means they will swing out 9 feet into the travet way, which may pose a problem if the doors are open at the same time someone is pulling out of a parking space. She also pointed out that while she understands putting the dumpsters in the proposed area would locate them closer to the Chipotle restaurant, she wonders how the owner of another existing restaurant, which is about 30 feet away from Chipotle, is able to take the trash around to the back of the building without it being a problem. Mr. Grzan asked why place it in the middle of the parking lot and not on the side of the lot where it would be less noticeable? 1%�� Ie Chairman Zuckerman suggested to Mr. Stahl that perhaps the shopping center needs to deal holistically with the trashI26the entire shopping plaza in a way that is more up to date and perhaps that is where the answer to this lies. Mr. Goodman raised the point that the Village Co c arly states that garbage dumpsters are not to be visible from the stree After further discussion, especially regardin e issue of whether the Board should consider alternatives to the proposed plan, Chairman Zuckerman advised Mr. Stahl that the Board would not consider any alternatives to this plan at this time, but would only consider what is before them. He, asked Mrs. Kandel, Village Attorney, to read the proposed recommendation to the Board of Trustees, which states that the Planning Board does not support building the proposed project in the pro ed location. Chairman Zuckerman called for a motion and after a motion to approve made by Mrs. Schoen and seconded by Mr. 5podman, Mr. Grzan asked for a discussion. Mr. Grzan believes the resolution is too convoluted and there were no alternatives suggested. As there was no further discussion, the roll was called: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN NO MR. LAUFER YES MRS. SCHOEN YES 4 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES CHAIRMAN ZUCKERMAN YES MOTION APPROVED (5-1) Mrs. Kandel read the resolution referring the report to the Board of Trustees. The Chairman called for a motion to approve the resolution and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, the roll was called: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES MOTION APPROVED (6-0) PLANNING BOARD OF THE VILLAGE OF OOK REPORT AND RECOMMENDATIONS TO THE VILLAG IF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION BY WIN RIDGE REALTY LLC FOR A PROPOSED SITE PLAN AMENDMENT TO THE RYE RIDGE SHOPPING CENTER I. PROJECT OVERVIEW On April 27, 2010 t e illage o ye rook Board of Trustees ("BOT") referred the application of Win Ridge Realty, LLC (the "Applicant") for the proposed site plan modification to install a trash enclosure on an existing concrete pad in the parking lot of the Rye Ridge Shopping Center at the corner of Bowman Avenue and South Ridge Street (the "Project"). The Rye Ridge Shopping Center is located in the C1-P (Planned Neighborhood Retail) Zoning district. The Applicant proposes to enclose the concrete pad with a seven (7) feet, six (6) inch high chain link fence with red vinyl slats and contain one (1) to two (2) six (6) yard trash dumpsters. The garbage enclosure is intended to service two tenants; (1) Chipotle Mexican Grill currently located in the converted movie theater building; and (2) a future tenant to be located in the same building. The Project is currently before the BOT pursuant to § 209 of the Code which requires site plan approval for an amendment of a previously approved site plan on a non-residential property. The Planning Board is to submit a report and recommendation to the Board of Trustees on the proposed site plan amendment. The Planning Board understands that the BOT granted waivers of several items normally required for a full site plan application and is requiring only the documents which have already been submitted by the Applicant. The primary concerns related to this Project are parking, traffic safety and the location and visibility of a garbage enclosure within the scenic road overlay district. 5 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES II. REVIEW The Planning Board understands that an area variance may be necessary for the location of the proposed garbage enclosure because it is within the Scenic Road Overlay District ("SROD") front yard setback. Currently the garbage enclosure is proposed to be seventy (70) feet from the front property line along Bowman Avenue. The SROD requires that any structure erected along a scenic road (in this case Bowman Avenue) must be 1.5 times the required front yard setback for that district (C1-P). Therefore, a front yard setback of 112.5 feet is required along the Bowman Avenue frontage for any new structures at the shopping center. The Planning Board recommends that, if the Building Inspector determines that a variance is required, the Board of Trustees refer the application to the Zoning Board of Ap eats prior to any approval to construct the garbage enclosure. The Applicant has stated that the location and installation of the garbage enclosure will not affect the traffic, drainage or parking of the shopping center. The Planning Board is concerned that the travel way will be impeded by the garbage enclosure gates. The Planning Board is also concerned about the location of the proposed enclosure because it is proposed in a very prominent location in the shopping center along a scenic road. Section 250-7.F(5)(a) of the Village Code requires that the approval authority make a determination that the proposed structure or alteration within the SROD is architecturally compatible with the surrounding structures. The Planning Board does not believe the Project is architecturally compatible and therefor oes not recommen4hat the Project be built in the proposed location. In addition, because of the combination of the height of th mpster enclosure and its proximity to both Ridge Street and Bowman Avenue, the garbage enclosure is very visible from both streets, which are considered gateways to the community, and would not be able to be adequately screened to mitigate this visual impact. III. CONCLUS N I V In conclusion, the nning Board recommends the BOT disapprove the Project as stated herein . Dated: ye Brook,New York May 13, 2010 APPROVED AT HE MA 3, 2010 MEETING AT THE VILLAGE OF RYE BROOK PLANNING BOARD BY A VOTE OF 6-0 ACCEPTING THE REPORT AND RECOMMENDATION Ayes: Dominick Accurso, Robert Goodman, Bill Laufer, Amy Schoen, Gary Zuckerman Nays: John Grzan APPROVING THE REFERRAL RESOLUTION Ayes: Dominick Accurso, Robert Goodman, John Grzan, Bill Laufer, Amy Schoen, Gary Zuckerman Nays: None 6 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES ABSENT: Dan Tartaglia May 13, 2010 Approved 6-0 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN MODIFICATION AT THE RYE RIDGE SHOPPING CENTER BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the attached Report and Recommendation to the Village of Rye Brook Bo h of Trustees on the proposed site plan modification to construct a garba losure at tRidge Shopping Center and requests the Secretary to the Planning rd forward a copy Report to the Board of Trustees and the Village Administrator. Chairman Zuckerman called for the nex*i %e agenda: 3. Review of a Subdivision Application by FHKP LLP (Leo Napior), on behalf of Mr. and Mrs. Frost, for relocation of the common property line for two lots located at 3 Hills Point Lane, Rye Brook, NY, Parcel ID 135.51-1-4 and 135.51-1-5. IAIL at •Resolution setting the Public Hearing Mr. Napier, addressed the Board on beha he applicant, and gave a brief overview of the project which is to shift the common lot line approximately 1 foot in order to make both lots conforming with respect to street frontage. There bein further comments or questions, Mrs. Timpone-Mohamed read the resolution setting the Pu earing. Chairman Zuckerman called for a motion to approve 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. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES MOTION APPROVED (6-0) 7 PLANNING BOARD MINUTES May 13, 2010 DRAFT MINUTES May 13, 2010 RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SUBDIVISION APPROVAL TO MODIFYTHE OCATION OF THE COMMON SIDE LOT LINE FOR AN EXISTING TW UBDIVISION AT 3 HILLS POINT LA VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Leo Napior of Friedman, Harfenist, Krauta Perlst,ein, LLP representing property owners, James D. and,Martha J. Frost, submitted an application to the Village of Rye Brook for approval of a subdivision to modify the location of the common side lot line of an existing two-lot property to remove non-conformities on the developed lot located at 3 Hills Poin ne, in the R-12 Zoning District, Section 135.51, Block 1, Lot 4 and Section 135.51, Lot 5 on the T n f Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, t e nning 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 pfoposed action to be an U d Action and will proceed with an uncoordinated review pursuant to SEQRA T F HER RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearin on June 11, 2010 at 8:00 p.m., at Village Hall, 938 King Street, Ry Brook, New Yo to consider the application for subdivision approval ; and BE IT FURTHE ESOLVED, that the Applicant is directed to comply with Section 250-40 the Vill Code regarding notification. 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 9:00 pm. 8 PLANNING BOARD MINUTES May 13, 2010