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HomeMy WebLinkAbout2011-01-13 - Planning Board Meeting Minutes Approved: April 14,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday January 13, 2011 - 8:00 p.m. ............................................................................... ROLL CALL MINUTES 1. Review Minutes of November 18, 2010 PUBLIC HEARING 2. Review of Subdivision and Site Plan Applications by Mrs. Denise Pirro -Sammartino for a rear addition, various renovations, a lot merger and wetlands permitting for a parcel located at 225 Betsy Brown Road, Rye Brook, NY Parcel ID 135.44-1-11. CONTINUED BUSINESS 3. 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, NYPparcel 1D 129.34-1-43, 44, 45. • Considering a Report and Recommendation to the Board of Trustees NEW BUSINESS 4. Review of a Site Plan Application by Mr. and Mrs. Steinberg for the addition of two (2) stone pillars at the entrance of the driveway for the parcel located at 1000 King Street, Rye Brook, NY Parcel 1D 129.43-1-1. • 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. THE NEXT PLANNING BOARD MEETINGS January 27, 2011 and February 10, 2011 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... PRESENT BOARD Mr. Dominick Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman 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 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 view the Planning Board minutes via streaming video on the Village website. The Chairman called for the first item on the agenda: MINUTES 1. Review Minutes of November 18, 2010 There being no questions or comments, Chairman Zuckerman called for a motion to approve the minutes, and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, a voice vote was taken and the minutes were approved by a unanimous yes vote. PUBLIC HEARING 2. Review of an Application for subdivision approval to merge two existing lots and Site Plan Approval submitted by Mrs. Denise Pirro -Sammartino for a rear addition, various renovations, a lot merger and wetlands permitting for the parcel located at 225 Betsy Brown Road Rye Brook, NY parcel ID 135.44-1-11 Mr. Lawrence Engel, attorney for the applicant addressed the Board and gave a brief overview of the application, noting that they have submitted updated information for review addressing issues brought to their attention at the previous meeting. Chairman Zuckerman added that Dolph Rotfeld, Village Engineering Consultant, has determined that before we can proceed with the site plan public hearing, percolation tests need to be performed, and that such tests cannot be performed until the ground is un-frozen in the Page 2 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... spring. However, as there are some procedural items to discuss, he suggested that we move forward with the subdivision public hearing and added that the applicant will have to go before the Zoning Board as well. He stated that he advised the applicant that construction in the flood plain may still be an issue even if the Zoning Board grants the requested variances. The public hearing for the site plan itself can be opened tonight and adjourned to the April meeting, or we can simply adjourn it. Chairman Zuckerman advised the applicant that without subdivision approval he would need more variances, so the subdivision approval should be acted on before the site plan application. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the Public Hearing for Subdivision Approval was opened and the roll was called: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman explained that a lot merger of the two lots that make up the property was approved in 2003, but was not filed with the County Clerk; therefore, procedurally the application must come back before the Planning Board to be approved again. There not being questions or comments from the Board or the public, Chairman Zuckerman called for a motion to close the Public Hearing and on a motion by Mr. Grzan and seconded by Mrs. Schoen, the Public Hearing was closed and the roll was called: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Mohamed read the resolution: RESOLUTION CONSIDERING AN APPLICATION FOR SUBDIVISION APPROVAL TO MERGE TWO EXISTING LOTS LOCATED AT 225 BETSY BROWN ROAD Page 3 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mrs. Denise Pirro-Sammartino, owner, submitted an application for approval of a subdivision to merge two existing lots located at 225 Betsy Brown Road, in the R-10 zoning district, Section 135.44, Block 1, Lot 11 (a.k.a. Section 1, Block 6, Lots 25A.6 and 25A.7) on the Town of Rye Tax Assessor's Map; and WHEREAS, the subject lots,together, are±16,459 square feet in size, and are located on the north side of Betsy Brown Road approximately 60 feet east of the intersection of Knollwood Drive; and WHEREAS, the lots were previously approved to be merged March 25, 2003, but the Applicant failed to file the subdivision plat with the Westchester County Clerk's Office and therefore, the prior subdivision approval merging the lots was negated; and WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project; and WHEREAS, 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, determined the proposed action to be an Unlisted Action pursuant to the requirements of SEQRA; and WHEREAS, on January 13, 2011 the Planning Board held a public hearing on the application, at which time all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook Planning Board, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the application materials that were prepared for the action, hereby adopts a Negative Declaration because the two lots are already in use as a single property and the merger would eliminate two non-compliant lots; and BE IT FURTHER RESOLVED, as follows: The Village of Rye Brook Planning Board hereby finds that the Final Plat will not be substantively changed from the Preliminary Plat and determines that a public hearing on the Final Plat is not required. Page 4 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... The Planning Board hereby grants both Preliminary and Final Subdivision Plat Approval for the subdivision to merge the two existing lots known as Section 135.44, Block 1, Lot 11 (a.k.a. Section 1, Block 6, Lots 25A.6 and 25A.7) located at 225 Betsy Brown Road, shown on the Subdivision Map, dated August 24, 2010,prepared by Gabriel E. Senor, P.C., and the Planning Board Chairman is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Planning Board Chairman: 1. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219- 32 of the Village of Rye Brook Subdivision Regulations, which shall include the Town of Rye tax lot designations for both subject lots. Upon obtaining a satisfactory review by the Acting Village Engineer, the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Planning Board Chairman. 2. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due for both lots have been paid. A motion was made by Mrs. Schoen and seconded by Mr. Tartaglia. Mr. Tartaglia asked if a SEQRA determination was made. The response was yes, the lot merger is an Unlisted Action that will have no environmental impacts; therefore, the Board is considering adoption of a negative declaration, which would end the SEQRA process. The Town of Rye has carried the property as a merged lot since 2005. Mrs. Kandel, Village Attorney, confirmed that the required proof was provided and taxes were paid for both lots. Mr. Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES A brief discussion followed on referral to the Zoning Board. Mrs Kandel suggested that the Planning Board could finish the site plan review process subject to the Zoning Board granting the required variances and with the percolation test data available, or the Board could refer the application to the Zoning Board of Appeals today without the necessary percolation test data, in which case the Applicant may not be able to Page 5 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... build anything if there are soil percolation issues, even if they are granted variances, all of which will not be known until the tests are completed in the Spring. The former course of action would seem to be more prudent than the latter. Chairman Zuckerman adjourned the site plan application to April 141H CONTINUED BUSINESS 3. 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 explained that since the last time the applicant was before the Planning Board, Arrowwood and DG Energy have done a lot of work pursuant to the recommendations of HDR and Village staff, especially in regard to the placement of the unit. Mrs. Kandel read the report and recommendation to be submitted to the Board of Trustees. After a motion to accept the report and recommendation by Mrs. Schoen and a second by Mr. Laufer, there was a brief discussion, and amendments were offered and accepted. Planning Board of the Village of Rye Brook Report and Recommendations to the Village of Rye Brook Board of Trustees on the Proposed Site Plan Amendment Application for Doral Arrowwood 1. Project Overview Doral Arrowwood ("Owner") has made an application on behalf of American DG Energy ("the Applicant") to install an outdoor co-generation module ("CoGen Module") at the Doral Arrowwood Hotel and Conference Center located at 975 Anderson Hill Road in the Village of Rye Brook. The Village of Rye Brook Board of Trustees ("BOT") referred the proposed site plan amendment to the Village of Rye Brook Planning Board ("Planning Board") on September 14, 2010 for their consideration. The Planning Board is to submit a report and recommendation to the BOT concerning the proposed application. The Applicant is proposing to install three TECOGEN, Inc. In Verde INV-100 CHP units and related equipment (the "Project"). The units, running on natural gas for approximately 6500 hours per year, would provide electricity and hot water to the Doral Arrowwood Conference Center. The CoGen Module would be enclosed in an eight feet by forty feet long and eleven foot high container (8x40x11) set on a concrete pad adjacent to a parking lot and existing cooling tower across from the tennis courts. In addition, a second Page 6 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... container (8x20x9) will be installed near the loading dock outside the boiler room to house the pumps and storage tanks that will transfer the thermal output to the building. According to the Applicant, the proposed units will generate 300kW of electricity and up to 2.1 MMBtu's of thermal output. The Applicant will own, operate and maintain the units on the Owner's property and will then sell the output generated from the units only to the Owner at a discounted rate compared to what the Owner paid to Consolidated Edison ("ConEd") for the equivalent amount of energy. The container housing the Co-Gen Modules will be screened by plantings located between the container and the existing parking area. The Planning Board understands that certain waivers were provided to the Applicant when the application was referred from the Board of Trustees to the Planning Board. However, the Planning Board, in consultation with staff and consultants, determined that further information was needed from the Applicant in order to do a comprehensive and thorough review of the Project, including items which were already waived. As a result, the Planning Board requested these items and the Applicant provided them. II. Planning Board Discussion The Planning Board reviewed this application at its October 14, November 18, December 9, 2010, and January 13, 2011 meetings. F.P. Clark Associates, the Village's Planner and HDR, the Village's consulting engineer, provided reports and recommendations to the Planning Board based on a review of the application and information provided by the Applicant. The Applicant also provided the Planning Board, Village staff and consultants with the lease agreement between the Applicant and Owner to operate the CoGen units. Village Counsel noted that the lease agreement provides for up to 500kW of electricity, rather than the 375kW proposed in this application. When questioned regarding this provision, the Applicant has confirmed that the application is to provide 375kW of electricity through the installation of four units (three 100kW units as a part of this application and one 75kW unit installed in the Pfizer building). The Applicant also confirmed their understanding that any installation of additional units may require another review by the Village as well as other agencies. A. F.P. Clark made the following planning comments: 1. Based on the information provided by the Applicant concerning the location and size of the container, the container will not be visible from Anderson Hill Road located in the Scenic Roads Overlay District. 2. F.P. Clark recommends the Applicant consider a more naturalistic planting plan consisting of at least three plant species of varying sizes which would create a more consistent aesthetic with the existing surrounding vegetation. 3. The Planning Board may wish to recommend to the Board of Trustees that they require the Applicant to move the CoGen Module container to the north, away from the parking area and nearer to the existing cooling tower on site, which Page 7 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... would give the Applicant the ability to create a more naturalistic landscape mentioned in number 2 above. B. HDR submitted a Technical Review memorandum to the Planning Board dated November 11, 2010 and identified the following concerns: 1. The Village should follow-up with the Applicant to request copies of all approvals issued by Con-Ed for the installation of these CoGen Modules. 2. The CoGen Module is a confined space and should be secured by locks at all times during operation and proper lock-out/tag-out procedures should be followed when servicing the module. 3. A Health and Safety Plan(HASP) should be prepared for the CoGen Module. 4. The Village Emergency Response Departments (i.e. Fire Department and Police Department) should be notified of the installation and operation of the CoGen Module and be provided with the HASP. 5. The Applicant should consider additional noise reducing features (beyond those currently proposed). HDR's report notes the proximity of the containers housing the CoGen Modules to the existing hotel. 6. Operations of the CoGen Module should be limited during the nighttime hours between 10p.m. and 7a.m. 7. An air quality permit from the Westchester County Department of Health will be required for the proposed installation. 8. The Applicant has confirmed with the New York State Department of Environmental Conservation that the Applicant is exempt from any other air quality permits or registrations under State law. 9. The Applicant has submitted documentation indicating that the potential to emit (PTE) associated with the 375kW CoGen Modules' is well below the threshold of 25 tons per year for a Title V Permit and well below the 12.5 tons per year threshold for a State Facility Permit. 10. The Applicant and Owner should determine if the 375kW CoGen Modules will now require the site, as a whole, to require a Title V Permit, State Facility Permit or registration. ' Although the site plan modification only encompasses the 300kW CoGen Modules, for the purposes of air quality, all sources of PTE must be examined together, and, as a result, must include the 75kW Module proposed at the Pfizer building. Page 8 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... 11. The Applicant and the Village should develop a procedure for the Applicant to report to the Village on the record keeping associated with the operation of a CoGen Module and which must be made available to the NYSDEC on request. C. Applicant Made Revisions to the Site Plan based on Planning Board, FP Clark and HDR comments. As a result of the comments from F.P. Clark and HDR, the Applicant made revisions to the plans accordingly and provided additional documentation. On January 5, 2011 the Applicant submitted a revised HASP to HDR for review. HDR reviewed the revised HASP and, in a Supplement Review Memo dated January, 2011, is satisfied with the revisions, but the Applicant is reminded that it still must comply with all federal, state and local regulations concerning health and safety. In addition, the Applicant provided a revised landscape plan which was reviewed by FP Clark. FP Clark is satisfied with the revised landscape plan. The Planning Board, along with Village staff, conducted a thorough review of the proposed siting of the container and went through several iterations of possible locations. The Applicant submitted a site plan dated August 13, 2010 for the Planning Board's consideration. The August 13, 2010 Site Plan was deemed to be the preferred orientation and layout by HDR from an engineering perspective. However, the Planning Board and FP Clark were dissatisfied with the location of the container depicted in the August 13, 2010 Site Plan from both a landscape and siting perspective. The August 13, 2010 Site Plan locates the container approximately 30 feet away from the existing cooling tower and the ventilation from the container will not be directed at the cooling tower air inlet. However, the August 13, 2010 Site Plan will limit the ability of the Applicant to install a naturalistic landscape plan and provide better screening of the container from the parking lot. As a result, the Applicant submitted a revised site plan depicting the container angled more to the east-west and shifted north ("January 6, 2011 Site Plan"). The January 6, 2011 Site Plan would place the container approximately 11.9 feet from the existing cooling tower. HDR reviewed the January 6, 2011 Site Plan and provided a Supplemental Report dated January, 2011. The January 6, 2011 Site Plan addressed HDR's concerns regarding the temperature of the ventilation air exiting the container (approximately 10 to 15 degrees Fahrenheit above ambient conditions). HDR had concerns that exhausting that much hot air, at these temperatures, towards the cooling tower may adversely impact its performance under certain site conditions. HDR recommended that the applicant consider diverting the ventilation away from the cooling tower. The Applicant could install a windwall or strategically selected and positioned plantings could be used near the northeast corner of the cooling tower to minimize any potential concern that ventilation or exhaust from the container will create. The Applicant's proposal to install a diverter on the container to divert the exhaust in a northeast direction, and angle the engine exhaust upwards and to the northeast, away from the cooling tower, as depicted in the January 6, 2011 Site Plan, satisfies HDR's comments. Page 9 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... III. Planning Board Recommendations The Planning Board recommends the Board of Trustees grant site plan approval based on the revised landscape plan and site plan dated August 13, 2010 and revised January 6, 2011 (the January 6, 2011 Site Plan). The Planning Board believes that orientation and siting of the container in the January 6, 2011 Site Plan will align the container with the existing cooling tower and shorten the distance for the proposed piping between the CoGen Modules and container housing the pumps and storage tanks. The Applicant will install an exhaust diverter to direct exhaust escaping the container towards the northeast and away from the cooling tower. In addition, moving the CoGen Modules to the location depicted on the January 6, 2011 Site Plan will allow the Applicant to more easily create a naturalistic landscape plan as recommended above and depicted in the January 6, 2011 Site Plan. The Planning Board also recommends that the Board of Trustees condition the approval on requiring the Applicant to direct the engine exhaust upwards and towards the northeast, as the Applicant indicated to HDR they would. HDR is satisfied with the HASP submitted by the Applicant on January 5, 2011. The Planning Board recommends that this Project should not receive a building permit until the HASP, which has been submitted to the Village, is reviewed and commented on by the necessary parties (Fire, Police, Building). The Planning Board understands that, provided the Applicant installs the silencers as proposed, the increase in noise level will be negligible. The Planning Board recommends that the Applicant provide documentation to the Village that the silencers specified in their plan, and in response to HDR's Memorandum, are installed prior to a certificate of occupancy being issued. In addition, the Planning Board recommends the Applicant, if possible, should run the CoGen Modules during the nighttime hours of 10p.m. to 7a.m. on a limited basis in order to further mitigate the noise levels. The Planning Board understands that a Westchester County Air Quality Permit is required but that a NYSDEC permit is not required. The Planning Board recommends that the Applicant submit a procedure, in writing, to report on record keeping of the CoGen Modules to the Village on an annual basis. The Planning Board also recommends that the Village be provided with a copy of the Westchester County Department of Health permits for the CoGen Module as soon as they have been obtained but in any event prior to the Certificate of Occupancy being issued. The Planning Board understands that the Applicant has submitted documentation indicating that the potential to emit (PTE) associated with the 375kW CoGen Modules, by themselves, is well below the threshold of 25 tons per year for a Title V Permit and well below the 12.5 tons per year threshold for a State Facility Permit. The Planning Board Z The Applicant has indicated that they intend to maintain ConEdison bills for the DEC to review and can be made available on request. The Applicant should put this procedure in writing and submit it to the Village to have on file. Page 10 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... recommends that the Applicant and Owner provide documentation from the applicable agencies that with the addition of the 375kW CoGen Modules, the Doral Property will not, as a whole, require a Title V Permit, State Facility Permit or registration. The Planning Board recommends that a building permit not be issued until the Applicant can provide the Village with approval from ConEdision that the Applicant can interconnect with the utility system to install the CoGen units. IV. Conclusion In conclusion, the Planning Board recommends the BOT grant the site plan modification provided the Applicant adheres to the recommendations set forth in this report (and in further detail in the HDR and FP Clark memorandum). Dated: Rye Brook,New York January 13, 2011 Mr. Nowak called the roll approving the report and recommendation with the discussed amendments: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Kandel read the resolution referring the report and recommendation to the Board of Trustees: RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED PROPOSED SITE PLAN AMENDMENT APPLICATION FOR DORAL ARROWWOOD 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 site plan amendment application 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. Tartaglia, the roll was called and the resolution was adopted: Page 11 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES NEW BUSINESS 4. Review of a Site Plan Application by Mr. and Mrs. Steinberg for the addition of (2) stone pillars at the entrance of the driveway for the parcel located at 1000 King Street, Rye Brook, NY Parcel ID 129.43-1-1. • Considering a Resolution scheduling a Public hearing The application is before the Planning Board because the pillars are in the Scenic Roads Overlay District on King Street. Mr/Mrs. Steinberg addressed the Board and gave a brief description of what they are proposing. They are replacing an existing light pole that gets knocked down regularly by accident. They plan to build two free-standing stone pillars on either side of the driveway that are 4.5 feet high, similar to what neighbors have. The Steinbergs asked the Board to consider waiving the survey requirement. Mr. Nowak explained that the Village code requires a survey be submitted with the site plan application and then an "as—built' survey upon completion of construction. Chairman Zuckerman added that the pillars are 6 inches higher than what is allowable in the Code, which would require a variance. He recommended that they reduce the height to be in compliance with the Code and to avoid going to the Zoning Board of Appeals. He suggested they meet with Mr. Nowak to address some minor issues prior to the public hearing. Mrs. Mohamed read the resolution setting the Public Hearing for 2/10/11: RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 1000 KING STREET VILLAGE OF RYE BROOK PLANNING BOARD Page 12 of 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 13,2011 - 8:00 p.m. ............................................................................... WHEREAS, Mr. Steven Steinberg, owner, submitted applications for approval of a site plan to construct two decorative landscape piers at the entrance to the property located at 1000 King Street, in the R-20 zoning district and the King Street Scenic Road Overlay District, Section 129.43, 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 February 10, 2011 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 a Type II Action requiring no further review 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. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman advised that there would be no meeting on January 27'1' as no new applications have been filed. The next meeting will be on February 10h. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, the meeting was adjourned at 9:05 pm. Page 13 of 13