HomeMy WebLinkAbout2010-12-09 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL,938 KING STREET
Thursday December 9, 2010 - 8:00 p.m.
ROLL CALL
MINUTES
l. Review Minutes of October 14, 2010 and October 28,2010
PUBLIC HEARING
RESOLUTION
2. Resolution canceling the December 23,2010 Planning Board Meeting
CONTINUED BUSINESS
3. Review of a Site Plan Application by Brian and Ellen Berk to legalize a rear yard sports court,
spa,chain link fence,regrading of property, steep slopes and wetland permitting for parcel
located at 11 Edgewood Drive,Rye Brook,NY,Parcel ID 135.28-1-21
• Considering a Resolution
4. Referral from Board of Trustees to Review a Site Plan Application by Doral Arrowwood on
behalf of American DG Energy to install and operate a cogeneration station for parcel located
at 975 Anderson Hill Road,Rye Brook,NY,Parcel ID 129.34-1-43,44,45
• Considering a Report and Recommendation to the Board of Trustees
5. Referral from Board of Trustees to review a request by Cuddy and Feder on behalf of Reckson
Operating Partnership,LLP for Phase 3 Site Plan and Wetland Permit Approval extensions for
parcel located at 1100 King Street, Rye Brook,NY, Parcel 1D 129.34-1-43,44,45
• Considering a Report and Recommendation to the Board of Trustees
NEW BUSINESS
6. Review of a Site Plan Application by Mrs.Denise Pirro- Sammartino for a rear addition,
various renovations, lot merger and wetlands permit for parcel located at 225 Betsy Brown
Road Rye Brook,NY,Parcel ID 135.44-1-11
• Considering a Resolution scheduling 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. Bill Laufer
Mrs. Amy Schoen
Chairman Gary Zuckerman
EXCUSED Mr. John Grzan
Mr. Dan Tartaglia
STAFF Mrs.Marilyn Timpone-Mohamed,Village Planning Consultant
Ms. Amanda Kandel,Village Counsel
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 Zuckennan 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 meeting via streaming video on the
Village website.
The Chainnan called for the first item on the agenda:
MINUTES
1. Review Minutes of October 14,2010 and October 28,2010
On a motion made by Mrs. Schoen and seconded by Mr. Laufer, a voice vote was taken and the
minutes were unanimously approved.
RESOLUTION
2. Resolution canceling the December 23,2010 Planning Board Meeting
Mrs.Kandel read the resolution:
December 9, 2010
RESOLUTION
VILLAGE OF RYE BROOK PLANNING BOARD
BE IT RESOLVED,that the December 23,2010 Planning Board meeting is hereby canceled.
On a motion made by Mrs. Schoen and seconded by Mr. Goodman,a voice vote was taken and the
resolution was adopted unanimously.
Page 2 of t2
CONTINUED BUSINESS
3. Review of a Site Plan Application by Brian and Ellen Berk to legalize a rear yard sports
court,spa,chain link fence,regrading of property,steep slopes and wetland permitting
for parcel located at 11 Edgewood Drive,Rye Brook, NY,Parcel ID 135.28-1-21
• Considering a Resolution
Mrs. Timpone-Mohamed read the resolution:
December 9,2010
RESOLUTION
APPROVING A SITE PLAN,WETLANDS PERMIT AND
STEEP SLOPES WORK PERMIT FOR 11 EDGEWOOD DRIVE
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Mr. Brian D. Berk, property owner, submitted an application for approval of a
site plan, Permit to Perform Work in a Wetlands, and a Steep Slopes Work Permit to legalize the
existing sports court and spa located in the rear yard of the existing home located at 11 Edgewood
Drive, in the R-25 Zoning District, Section 135.28, Block 1, Lot 21 on the Town of Rye Tax
Assessor's Map;and
WHEREAS,the Planning Board reviewed the following plans and application materials:
I. Site Plan Application
2. Site Plan Submittal Review Checklist
3. Exterior Building Permit Application
4. Survey Map,dated March 23,2005 and revised 11/03/10,prepared by Aristotle Bournazos,
P.C.,New Rochelle,N.Y.
5. Short Environmental Assessment Form
6. Building Permit Check List and Zoning Analysis
7. Letter to the Planning,dated October 5,2010,from James A.Ryan,RLA of John Meyer
Consulting,P.C. answering comments from a memo to the Zoning Board of Appeals, dated
October 29,2009,prepared by Frederick P. Clark Associates
8. Letter to the Planning,dated November 4,2010, from James A.Ryan,RLA of John Meyer
Consulting,P.C.
9. Letter to John Meyer Consulting, dated June 23,2010, from Carlin, Simpson and Associates,
Sayreville,N.J.
10. Letter to Brian D. Berk, dated September 29,2010, from Robert G.Torgerson,LA,CPESC,
Nanuet,N.Y.
11. Letter to Brian D. Berk, dated November 3,2010, from Robert G. Torgerson,LA,CPESC,
Nanuet,N.Y.
12. Memorandum to Michal Nowak dated November 24,2010,from Anthony J.Nestor of John
Meyer Consulting,P.C.
13. Landscape Architect's Plans prepared by John Meyer Consulting,PC,Armonk,N.Y.:
Page 3 of 12
Drawing Number Sheet Title Dated
PE-1 Photo Exhibit Plan 09/24/2010
TS-1 Partial Topographic Map 06/04/2010
MP-1 Mitigation Plan 09/24/10 rev. 12/1/10
SAP-1 Slope Analysis Plan 09/24/10 rev. 11/3/10
IMP-1 bnpervious Area Plan 11/02/2010
CS-1 Cross Section Plan 11/03/2010
WHEREAS,the Village Planning Consultant, Village staff and the Planning Board reviewed
the plans and information provided, submitted comments and made recommendations to the Applicant
regarding the site and mitigation plans; and
WHEREAS,the following planning issues were identified by the Planning Board:
1. The locations of the sports court and spa, which encroach into the required minimum six (6)
foot side yard;
2. A grading plan that disturbed steep slopes and created new steep slopes within a regulated
100-foot watercourse buffer and in areas outside the buffer, and the stability of the slopes;
3. Lack of screening between the court and spa and the adjacent property, and the visual and
safety impacts to the adjacent residential property;
4. Quality of the fill used in the construction of the sports court;
5. Location and extent of the wetland and wetland buffer, and preservation of existing trees
within filled and graded areas in the buffer; and
WHEREAS, according to the plans, the site plan requires the following area variances for spa
and sports court from the Rye Brook Zoning Board of Appeals for approval of the site plan:
1. A 3.82-foot variance from the required six-foot side yard for the sports court;
2. A 2.0-foot variance fi-om the required six-foot side yard for the spa; 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 11 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
mitigation site plan, disturbance in the water course buffer, the landscape and screen planting plan,
grading, fill and slope stabilization, tree preservation, drainage and storm water management, and
erosion control,and such 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 November 18, 2010, 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 November
18,2010.
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NOW,THEREFORE,BE IT RESOLVED, for the reasons stated herein,that the Village of
Rye Brook Planning Board hereby approves the site and mitigation plans listed herein, a Wetlands
Permit, and a Steep Slopes Work Permit to legalize the existing sports court and spa located in the rear
yard of the home located at 11 Edgewood Drive, conditioned on the approval of all variances required
by the site plan approved herein; and
BE IT FURTHER RESOLVED, that a copy of this resolution along with a cover
memorandum from the Planning Board shall be forwarded to the Village Zoning Board of Appeals
upon approval;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.
On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll and
the resolution was adopted:
MR.ACCURSO YES
MR. GOODMAN YES
MR.LAUFER YES
MRS. SCHOEN YES
CHAIRMAN ZUCKERMAN YES
4. Referral from Board of Trustees to Review a Site Plan Application by Doral
Arrowwood on behalf of American DG Energy to install and operate a cogeneration
station for the parcel located at 975 Anderson Hill Road,Rye Brook,NY,Parcel ID
129.34-1-43,44,45
• Considering a Report and Recommendation to the Board of Trustees
Chairman Zuckerman made note that there are still unresolved issues, such as moving the station,
provision of a revised landscape plan with the revisions suggested by F.P. Clark, missing safety items
that were previously cited,and noise.
Ms. Noemi Santiago of HDR addressed the Board and advised that since the last meeting they have
reviewed additional information provided by the applicant, and reviewed the calculations, which
indicate that emissions are below the level that would require a permit from the New York State DEC.
Mr. Gray confirmed with NYSDEC that a permit is not needed. However, a permit from the Health
Department is needed and is currently in progress. The noise calculations that include the silencers
suggested show that the unit would be much quieter and barely perceivable to the human ear.
Chairman Zuckerman asked about the recommendation regarding running the modules only during the
day, although he is not sure how possible that is because energy generated would be needed at all
times. He is not sure if it is possible to include such a requirement in the recommendations,but would
like to find a way to include it and word it appropriately.
Mrs. Schoen asked, regarding the safety issue, if something goes wrong and there is property damage,
does Arrow-wood have any responsibility. Mrs. Kandel responded that she could not answer the
question at this time because the Village has not received copies of any lease agreements even though
the agreements were requested.
Mr. Chris Gray of DG Energy addressed the Board advising that he has been in constant
Page 5 of 12
communication with Ms. Santiago of HDR and provided the Board with pages from the Tecogen
manual to address some of the issues being discussed in regard to safety procedures. The lockout
procedure is not finished, but they are developing it and asked that it be made a condition of permit
approval. In his opinion the Health Department permit is expensive and he is attempting to obtain an
exemption from the permit requirement because he believes the emissions levels are below the permit
trigger levels. Mr. Gray asked the Planning Board to expedite his application because he would prefer
not to wait another month for action on the application.
Chairman Zuckerman explained that the Planning Board must provide a complete report for the Board
of Trustees so they can be assured that all planning issues have been considered and resolved. The few
items that were mentioned earlier are issues that should be reviewed and resolved before the
application goes back to the Board of Trustees.
Discussion regarding the role of the Planning Board when making a report and recommendation to the
Board of Trustees ensued among the Planning Board members.
Chairman Zuckerman reminded the Applicant that moving the generator, and revising the landscape
plan as recommended by the Board and consultants have not been completed by the Applicant. He
advised the Applicant to keep working on the missing items and strongly suggested that the generator
be moved and the plan completed.
Mrs. Timpone-Mohamed added that in regard to moving the units, it appears that there is a drainage
line in the vicinity of the units that did not appear on earlier versions of the plans. While she believes
the units should be moved, they cannot be located where they would interfere with the existing
drainage line.
Mr. Mastromonaco indicated where the 18 inch drainage pipe is located on the plans and Mrs.
Mohamed suggested turning the units to be parallel to the pipe.
Chairman Zuckerman added that if it can't be done then so be it, but it needs to be looked at. Right
now the station is too close to the parking area, overwhelming it. He suggested that the Applicant keep
working with staff on moving the units to the best place possible so that the enclosure does not
overwhelm the site,and access to the units is provided.
Chairman Zuckerman asked Mr. Lyras to address the Board regarding the Homeowner's Association
concerns.
Mr. Lyras, President of Doral Greens Homeowners Association, addressed the Board advising them
that he is relying on the Planning Board and the Trustees to do a thorough review. if the Village
Boards are satisfied then the HOA will be satisfied. He noted some frustration dealing with the Hotel,
and his intention to take his issues to the Village Board if his requests are not addressed. Mr Lyras
believes that the hotel is expanding its structures beyond the approved site plan, which is an issue for
Doral Greens homeowners.
Mrs. Schoen agreed with Mr Lyras' concerns.Application adjourned to 1/13/2011.
5. Referral from Board of Trustees to review a request by Cuddy and Feder on behalf of
Reekson Operating Partnership,LLP for Phase 3 Site Plan and Wetland Permit
Approval extensions for the parcel located at 1100 King Street,Rye Brook,NY,Parcel
ID 129.34-1-43,44,45
• Considering a Report and Recommendation to the Board of Trustees
Mrs.Kandel read the report and recommendation:
Page 6 of 12
Planning Board of the Village of Rye Brook Report and Recommendation to the Village of Rye
Brook Board of Trustees on the proposed extension of the Site plan and Wetlands Permit for
Phase III of Reckson Executive Park
History and Project Overview
Reckson, a division of S.L. Green Realty Corp. ("Applicant") has submitted a request for a
five year extension of the Second Amended Phase III site plan approval and wetlands permits
("Project") at the Reckson Executive Park Property located at 1100 King Street. The Village of Rye
Brook Board of Trustees ("Board of Trustees") referred the proposed extension of the Project to the
Village of Rye Brook Planning Board("Planning Board") on August 17, 2010 for their consideration.
The Planning Board is to submit a report and recommendation to the Board of Trustees concerning the
proposed extension.
The Applicant is seeking a five-year extension to November 7, 2015. The Second Amended
Phase III site plan approval and wetlands permit was set to expire on November 7, 2010. At the
October 26,2010 Board of Trustees meeting,the Board of Trustees approved an interim sixty(60)day
extension of the site plan and wetland approvals while the Planning Board examines the proposed
extension of the Project.
The Project allows for construction of a 280,000 square-foot office building and accessory
parking areas, a plaza, site grading and two new storm water quality management basins to add to the
existing storm water detention basin already on site. The site for the Phase III project is approximately
31.56 acres in size and is located at the western end of the office park adjacent to the Blind Brook.
The Applicant received a five year extension in 2005 for the Project which is the subject of the
current proposal. At that time the Board of Trustees granted the five year extension of the site plan
and wetlands permit approvals subject to the following conditions:
I. The detention basin and water quality basin should be completed prior to any
building construction to provide a functional buffer in the area within the
watercourse buffer around the detention basin and water quality basin.
2. The water quality basin and the detention basin should be fully planted with a
wetlands meadow grass planting mix to the satisfaction of the Village Engineer
and the Planning Consultant.
On July 12, 2010 Reckson obtained a site development permit to continue construction of the water
quality basins and expand the existing detention basin as approved in the 2005 extension. The
construction of the detention and water quality basins commenced in September 2010 in accordance
with the prior approvals and the July permit.
Planning Board Discussion
The Planning Board was presented with the proposed extension at the October 14, 2010
Planning Board meeting at which time the applicant gave a brief presentation and the discussion
continued at its November 18 and December 9, 2010 meetings. In reviewing the proposed application
for a five year extension, the Planning Board took into consideration any changes in the applicable
local, state and federal laws and regulations since the 2005 extension was granted by the Board of
Trustees as well as any changes to standards and best practices for storm water management and
performing work in a wetland or wetland buffer.
The Planning Board has identified the following environmental concerns related to the overall
site plan and wetlands permit application:
Page 7 of 12
• Extensive disturbance of a wetland and location of storm water facilities within a
wetland and wetland buffer.
• Location of storm water facilities within a flood plain.
• Proposal of large detention ponds without site plan modifications to reduce the
extent of impervious surface coverage and utilize measures for local infiltration of
storm water to reduce the size of the ponds required.
• The extent of the grading and disturbance proposed, and the creation of new steep
slopes.
• Removal of large areas of existing vegetation in wetlands and wetland buffers.
The applicant indicated at the October 14, 2010 meeting that there is excessive parking
available on site for not only what has already been constructed (in phases I and II) but what is also
proposed to be constructed in Phase III. F.P. Clark has indicated that a parking demand study and a
shared parking analysis should be considered to determine if the total number of parking spaces might
be reduced, which would reduce impervious coverage and storm water run-off. In addition, the
Planning Board discussed the possibility of designing the parking fields to allow infiltration of storm
water by use of rain garden landscape islands within the parking area to further reduce the size of the
storm water detention basins.
Dolph Rotfeld Engineering, the Village's Consulting Engineer, submitted a memorandum
dated November 11, 2010 to Michal Nowak, Acting Village Engineer. In the November 11, 2010
memo, Mr. Rotfeld identified the following issues related to the submitted site engineering plans,
including the storm water pollution prevention plan("SWPPP"):
a. The "wet extended detention pond" (or P-3) identified in the SWPPP more closely
resembles a"multiple pond system" (or P-4) as per the NYSDEC Design Manual. If
this is in fact a P-4 system, then smaller forebays prior to the water quality ponds
should be incorporated into the SWPPP.
b. The plans should be revised to reflect that the slope of the embankment of the
detention pond below contour elevation 260 shall be 1:3 (V:H).
C. Manholes up to ten feet deep shall have an inside diameter of four feet and any
manhole over ten feet deep shall have an inside diameter of six feet. Any manhole,
irrespective of depth, connected to a 48"pipe shall have an inside diameter of at least
six feet, and, if connected to a 54"pipe shall have an inside diameter of at least eight
feet.
d. The applicant should consider using square manhole structures with a width of two
feet greater than the diameter of the greatest pipe.
e. All manhole dimensions stated in Mr. Rotfeld's November 11, 2010 memorandum
must extend to the top of the pipe; coned shaped transitions or tapers shall not be used
on manholes over ten feet deep.
£ The Village may wish to review and approve plans for these structures prior to the
installation by the Applicant.
g. The Applicant should consider using storm drainage pipes other than corrugated metal
pipe(CMP)at depths greater than ten feet because of the potential failure as a result of
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corrosion associated with this type of pipe and the difficulty in replacing said pipe
should it fail.
Divney-Tung Schwalbe, the Project engineer, submitted a response to Mr. Rotfeld's
November 11, 2010 memorandum on November 16, 2010 in which they addressed the above stated
concerns from the Rotfeld memorandum. Mr. Rotfeld has informed the Planning Board that his
comments have been satisfactorily addressed by the Project engineer.
Planning Board Recommendations
Based on the information submitted by the applicant and the review conducted by the Village
staff and consultants (F.P.Clark and Dolph Rotfeld Engineering) the Planning Board makes the
following recommendations:
a. The Planning Board does not recommend a five year extension of the site plan and
wetlands permit. Instead, the Planning Board recommends that, if an extension is
granted by the Board of Trustees, it is for a period of less than five years. The
proposed development is within an environmentally sensitive area and the Planning
Board believes that granting another five year extension is unwarranted given that the
applicant originally submitted this application in 2000. Granting an extension for a
shorter period than five years will allow the Board of Trustees to maintain control
over the application if the applicable environmental laws, regulations or best practices
should change over time. The Planning Board leaves it to the Board of Trustees to
detennine the appropriate length of time for the extension.
b. The Planning Board further recommends that the Board of Trustees consider requiring
the applicant to perform a parking demand study and shared parking analysis of the
site. The current parking plan results in a large area of impervious coverage on the
lot. By reducing the number of parking spaces, this will accomplish a concomitant
reduction in impervious surface onsite and may reduce the size of the detention ponds
further limiting the disturbance to the wetlands and wetland buffer.
C. The Planning Board further recommends that the Board of Trustees consider requiring
the applicant to design the parking fields to allow infiltration of storm water by use of
rain garden landscape islands within the parking area to further reduce the size of the
storm water detention basins.
d. The Planning Board further recommends that the Board of Trustees accept the changes
proposed by Divney-Tung Schwalbe in response to Mr. Rotfeld's November 11, 2010
memorandum to Michal Nowak, Acting Village Engineer, including but not limited to
those listed in Section 11,a.-g. above. The Rotfeld recommendations will conform the
Applicant's proposed plan to current standards and best practices. Mr. Rotfeld has
indicated that the engineer has satisfactorily addressed these comments in a set of
revised plans submitted to the Planning Board on December 9,2010.
Conclusion
In conclusion, the Planning Board recommends the Board of Trustees grant the extension
subject to the conditions set forth herein.
Dated: Rye Brook,New York
December 9, 2010
On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll and the
Page 9 of t2
report and recommendation were approved:
MR.ACCURSO YES
MR. GOODMAN YES
MR.LAUFER YES
MRS. SCHOEN YES
CHAIRMAN ZUCKERMAN YES
Mrs. Kandel read the resolution sending the report to the Board of Trustees:
December 9,2010
RESOLUTION
Authorizing submission of Report and Recommendation to the Board of Trustees on the
proposed extension of the Site Plan and Wetlands Permit for Phase III of the Reckson Executive
Park
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 Board of Trustees on the proposed
extension of the site plan and wetlands permit for Phase III of the Reckson Executive Park and
requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and
the Village Administrator.
On a motion made by Mrs. Schoen and seconded by Mr. Goodman,Mr.Nowak called the roll and the
resolution was adopted:
MR.ACCURSO YES
MR. GOODMAN YES
MR.LAUFER YES
MRS. SCHOEN YES
CHAIRMAN ZUCKERMAN YES
NEW BUSINESS
6. Review of a Site Plan Application by Mrs.Denise Pirro-Sammartino for a rear addition,
various renovations,lot merger and wetlands permit for the parcel located at 225 Betsy
Brown Road Rye Brook,NY,Parcel ID 135.44-1-11
• Considering a Resolution Scheduling a Public Hearing
Chairman Zuckerman explained that an earlier version of the application was before the Planning
Board in June of 2010. At that time, it was discovered that an earlier lot merger application was
approved by the Board of Trustees in 2003,but the merger was never filed with the County.
Mr. Lawrence Engel, attorney for the applicant, addressed the Board, giving a brief overview of the
application and Mrs. Mohamed's memo. He explained that the exterior work involved construction of
a front porch, new windows and doors, extension of a roof overhang, a one-story rear addition, and
rebuilding the garage on its current footprint. He briefly discussed the landscape and drainage plans.
Mrs. Timpone-Mohamed added that some dimensions and zoning calculations on the plans have not
Page 10 of t2
been verified due to the illness and absence of the Building Inspector,Mr. Izzo.
Chairman Zuckerman added that the Board is aware of the problem but wants to proceed despite the
unverified calculations.
Mrs. Timpone-Mohamed noted the dimensions of the new front yard, which indicate that the new
porch would require a variance. The site plan was revised to reduce the size of the parking court.
However, the Building Inspector must determine if the paved area is a parking court or a turn-around
and whether or not a variance is required for the location of the parking court. The new plan would
add 516 square feet of impervious surface coverage within the wetland buffer, which would require
mitigation according to the Village Code.Ms. Timpone-Mohamed continues to recommend additional
reduction of impervious surface coverage within the buffer. In regard to the revised landscape plan,
there are calculations that are still missing.
Chairman Zuckerman added that because there are wetlands and wetland buffers on most of the
property,the application should be referred to Dolph Rotfeld for review.
Mrs.Mohamed read the resolution setting the public hearing:
December 9,2010
RESOLUTION
SETTING A PUBLIC HEARING CONCERNING AN APPLICATION
FOR SUBDIVISION AND SITE PLAN APPROVAL,AND
A WETLANDS PERMIT FOR 225 BETSY BROWN ROAD
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Mrs. Denise Pirro-Sammartino, owner, submitted applications for approval of a
subdivision to merge two existing lots, site plan approval, and a permit to perforin regulated activities
in a wetland to construct additions to an existing home located at 225 Betsy Brown Road, in the R-10
zoning district, Section 135.44, Block 1, Lot 11 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 January 13, 2011 at 8:00 p.m., at Village Hall, 938 King Street, Rye
Brook, New York to consider the application for subdivision and site plan approval, and a permit to
perform regulated activities in a wetland; 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 an Unlisted
Action pursuant to the requirements of SEQRA; and
BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-
40 of the Village Code regarding notification.
On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll and the
resolution was adopted.
MR. ACCURSO YES
MR. GOODMAN YES
MR.LAUFER YES
MRS. SCHOEN YES
Page 11 of 12
CHAIRMAN ZUCKERAIAN YES
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 9:30 pm.
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