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HomeMy WebLinkAbout2011-03-10 - Planning Board Meeting Minutes APPROVED:MAY 12,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday March 10, 2011 - 8:00 p.m. ............................................................................... ROLL CALL MINUTES 1. Review Minutes of December 9, 2010 PUBLIC HEARING 2. 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 ID 129.43-1-1 • Considering a Resolution NEW BUSINESS 3. Review of a Site Plan Application by Peter Stahl on behalf of Stephen Marsh(Chop't)for a site plan amendment and change of use for a parcel located at 116 South Ridge Street Rye Brook, NY Parcel ID 141.27-1-6 • Considering a Report and Recommendation to the Board of Trustees 4. Review of a Special Use Permit and Site Plan Application by Leonard Brandes to legalize the existing offices and parking lot on the parcel located at 558 Westchester Avenue,Rye Brook, NY, Parcel ID 135.83-1-14 • Considering a Report and Recommendation to the Board of Trustees DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETINGS March 24, 2011 and April 14, 2011 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Of'ce One-Week in advance of the meeting at (914) 939-1121 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... PRESENT BOARD Mr. Dominick Accurso Mr. Robert Goodman Mr. John Grzan Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. Bill Laufer STAFF Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mrs. Jennifer Gray, 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 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 December 9, 2010 There being no comments or questions, Chairman Zuckerman call for a motion to approve the minutes and, on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the minutes were approved by a unanimous voice vote. PUBLIC HEARING 2. 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 ID 129.43-1-1 • Considering a Resolution On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the roll was called and the Public Hearing was opened: MR. ACCURSO YES MR. GRZAN YES VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman noted that the pillars were reduced in height by 6"and will no longer require a variance and that the Fire Department has approved the width of the opening between the pillars. There being no comments from the public or the Board, Chairman Zuckerman called for a motion to close the Public Hearing. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, a vote was taken and the Public Hearing was closed: MR. ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Timpone-Mohamed read the resolution: March 10, 2010 APPROVED 6-0 RESOLUTION PLANNING BOARD OF THE VILLAGE OF RYE BROOK APPROVING A SITE PLAN FOR 1000 KING STREET 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; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Building Permit Checklist and Zoning Analysis 2. Site Plan Application 3. Fence/Wall Permit Application 4. Short Environmental Assessment Form 5. Architectural Plans, prepared by Jonathan Villani &Associates, Hawthorne, NY and John J. Annunziata, P.E., White Plains, NY: VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... Sheet Number Sheet Title Dated A-1 Cover Sheet 10/30/10 A-2 Site Plan and Details 10/30/10; 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 II 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 height of the pillars, and the 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 March 10, 2011, 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 March 10, 2011. NOW, THEREFORE, BE IT RESOLVED, that, due to the limited nature of the construction proposed on the site, and on the recommendation of the Acting Village Engineer, the Village of Rye Brook Planning Board hereby waives all documents that are required by the Site Plan Review Submittal Check List except for the plans and other documents already submitted to the Planning Board; and BE IT FURTHER RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the site plans listed herein to construct two decorative landscape piers at the entrance to the property located at 1000 King Street, 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. Goodman, the roll was called and the resolution was adopted: MR. ACCURSO YES MR. GRZAN YES VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman took the next item out of turn and called for the following item on the agenda: 4. Review of a Special Use Permit and Site Plan Application by Leonard Brandes to legalize the existing offices and parking lot on the parcel located at 558 Westchester Avenue, Rye Brook, NY, Parcel ID 135.83-1-14 • Considering a Report and Recommendation to the Board of Trustees The Chairman stated that this is an unusual application where a Certificate of Occupancy was issued converting the parcel from residential to commercial use; however, the Certificate of Occupancy was issued without action of the Village Board, rendering it invalid. There are many zoning issues in the application,which requires six(6)variances,including a change of use as well as a parking variance. The applicant requested an adjournment,but were advised that it would not be granted because the application has to go back to the Board of Trustees for referral to the Zoning Board of Appeals. A report and recommendation to the Board of Trustees for referral to the Zoning Board of Appeals will be considered. Mrs. Schoen asked about the parking study that was to be recommended and would like it to include a Saturday because of the nature of the business. Mrs. Gray, Village Counsel, read the recommendation: March 10, 2010 APPROVED 6-0 Planning Board of the Village of Rye Brook Report and Recommendations to the Village of Rye Brook Board of Trustees on the Proposed Special Use Permit and Site Plan Application for 558 Westchester Avenue Project Overview On February 16, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a proposed Special Use Permit and Site Plan Application to the Village of Rye Brook Planning Board("Planning Board")for submission of a Report and Recommendation. The applicationwas made by Leonard Brandes ("Applicant') on behalf of the owner, Aventura Realty Corp., to legalize existing offices and a parking lot on property located at 558 Westchester Avenue and designated as Section 135.83, Block 1, Lot 44 on the Town of Rye Tax Map ("Property"). The VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... Property is located in the R-2F (Residential Two Family) Zoning District and is improved with a two and a half story building, walkways, asphalt parking area and related appurtenances. Legalization is required because the Village has no record of a valid Special Use Permit issued for the Property, even though such approval was required at the time the two and half story dwelling was converted from residential use to professional office space. The Applicant seeks Special Use Permit and Site Plan approval for eight (8)professional persons and related parking. History of the Property On December 1, 1982, a Building Permit No. 2608 was issued to convert the existing two- family dwelling to "two (2)professional offices"by performing the following work:"enclose front porch, convert to office space,partitions, windows, new, hung ceilings, 1st floor remove existing kitchens,retain existing baths." On December 7, 1982, a Certificate of Occupancy was issued to close out Building Permit No. 2608. At the time of the conversion, Village Code § 250-25(C)(3)required Special Use Permit approval for professional office space in dwellings on the northerly and southerly side of Westchester Avenue between North Ridge Street and the Port Chester Village boundary line—the same requirement existing in today's Village Code. However, Village records do not reveal any evidence that the property owner applied for or received Special Use Permit approval at that time or anytime thereafter. Planning Board Discussion The Planning Board reviewed this application at its March 10,2011 meeting. The Planning Board's primary concern with respect to this application relates to parking. Specifically, the Planning Board questions whether the number of parking spaces proposed are sufficient to meet the parking demand generated by the use of the building. The concern is that without a sufficient number of off-street parking spaces parking demand on the nearby residential street (Division Street) may be overburdened. Michael Izzo, Building&Fire Inspector,provided a Memorandum to the Planning Board based on its review of the application and information provided by the Applicant. His Memorandum sets forth six (6) variances that are required for the application, one of which is a use variance. The Building Inspector identified the following six (6) variances required for approval of the application: V50.25.c.(3). The maximum number of professional persons allowed are two (2) per dwelling, for a total of four (4) professional persons at this converted two family dwelling. The applicant proposes to legalize the existing offices occupied by a total of eight (8)professional persons. V50.25.C.(3)(a). The required number of off-street parking spaces are 3 for each office or suite of offices for a given tenancy, VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... for a total of twelve (12)parking spaces. The applicant proposes to legalize the existing office use providing a total of seven (7) parking spaces. §250-25.C.(3)(a). Public parking for such professional offices shall be from Bowman Avenue or from Westchester Avenue only. The applicant proposes to legalize the existing office use providing access to parking from Division Street. &250-25.C.(3)(b). The maximum allowable size for a sign identifying a professional office in a residential district shall not exceed two (2) square feet in area. The applicant is proposing to legalize the newly installed sign measuring eight point one two five (8.125) sq. ft. in area. §250-35.E.M(a) / 250 Attachment 2, Table II. Thenihimum required setback for a sign in a residential district is twenty(20) feet, or one-half(1/2) the distance measured from the edge of the road to the front of the building, whichever is less. The applicant proposes to legalize the newly installed sign, setback one (1) foot from the front property line. X250-35(E.(I)(a) /Attachment 2, Table II. Thernaxi nu allowable height for a sign in a residential district is five (5) feet. The applicant proposes to legalize the newly installed sign measuring five foot nine inches (5'9") in height. Upon advice of counsel, the Planning Board understands that the variance to allow eight (8)professional persons is a"use"variance, not an"area"variance,which is subject to a different standard of review by the Zoning Board of Appeals. The Planning Board further understands that when the legislative body of a municipality retains approval authority for Special Use Permits (as the BOT has here)the legislative body is given greater discretion in its decision to grant or deny a Special Use Permit application,particular where the Code does not set forth specific standards by which the Special Use Permit application is to be reviewed. However where, as here, the Code sets forth specific standards, the legislative body cannot waive or modify such standards without specific legislative authority permitting such waiver. Here, the Village Code limits the use of professional office space to two (2)professional persons per dwelling. The Property once consisted of a two-family dwelling therefore,a maximum of four(4)professional persons are permitted by the Village Code at the Property. The Applicant is seeking approval for eight (8) professional persons. To obtain relief from the Village Code limitation the Planning Board is advised by counsel that the Applicant must seek either: (a) a use variance from the Zoning Board of Appeals; or(b) an amendment to the Village Code providing specific authorization for the BOT to waive or modify non-procedural Special Permit standards. VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... F.P. Clark Associates, the Village's Planner provided a Planning Memorandum to the Planning Board based on a review of the application and information provided by the Applicant and Village Staff. F.P. Clark made the following planning comments: The application requires a considerable number of variances and/or waivers before it can be considered for approval, the most significant of which are related to the change of use,the number of professional offices proposed, and the parking and vehicular access requirements. Although there may be planning issues to be resolved, the nature and magnitude of the variances and waivers sought suggest that the application should be presented to the Zoning Board ofAppeals for a determination before the application is reviewed by the Planning Board. With respect to the limited space on the lot available for parking and the very much higher number ofparking spaces required by the district regulations,we believe that a parking demand study for the local area should be performed before any variances or waivers are considered. This study would look at parking demand on-site and in the streets surrounding the property throughout a typical weekday and also on Saturday. Planning Board Recommendations Although there may be planning considerations regarding parking and/or traffic, given the quantity and magnitude of the variances required for this application, the Planning Board recommends that the Board of Trustees refer this application to the Zoning Board ofAppeals for a determination on the necessary variances. The Planning Board lacks the authority to refer a Special Use Permit application to the Zoning Board of Appeals. (Village Code § 172-12(A)). Pursuant to Sections 172-12(B) and 250-13(G)(5)(c) of the Village Code, where a use variance is sought the Zoning Board of Appeals is required to make a determination prior to the BOT or Planning Board's final review of the application: Whenever a use variance is sought in connection with a site plan application, subdivision application or in connection with any other zoning or land use application or request for a permit, the Zoning Board of Appeals shall first make a determination on the use variance relief sought prior to final review of the other land use application(s) by the Village Board, the Planning Board or any other agency serving in an advisory capacity or as the designated approval authority. The Zoning Board of Appeals may request that the Village Board,the Planning Board or any other agency serving VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... in an advisory capacity or as the designated approval authority for an application or permit, engage in preliminary review of a site plan, subdivision or other zoning or land use application or permit, for the purpose of providing input on related planning issues to the Zoning Board of Appeals relevant to the Zoning Board of Appeals review of the use variance application. Furthermore, depending on the outcome of the Applicant's application for variances,the plan may require significant modifications. For example, if the Zoning Board of Appeals does not grant a variance to allow parking to be from Division Street rather than Westchester Avenue, the Applicant may need to provide a curb cut and driveway giving access from Westchester Avenue which will require modifications to the existing plan. The number of proposed off-street parking spaces may also change depending upon the determination of the Zoning Board ofAppeals. In the interest of efficiency, it is the Planning Board's recommendation that the Applicant first seek the necessary variances before the Planning Board provides a detailed analysis of the planning considerations presented by the current proposal. Conclusion In conclusion, the Planning Board recommends the BOT refer the application to the Zoning Board of Appeals for consideration of the necessary variances set forth in the Memorandum to the Planning Board from Michael Izzo, dated March 4, 2011. It is the Planning Board's further recommendation that the Board of Trustees decline to amend the Village Code to provide specific authority for the BOT to waive non-procedural Special Use Permit standards and refer the application to the Zoning Board of Appeals for consideration of a use variance to permit eight (8)professional persons to occupy the Property. On a motion made by Mr. Goodman and seconded by Mrs. Schoen,Mrs.Mohamed suggested that Mrs. Schoen's suggestion about adding Saturday to the parking study be included in the recommendation. Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution referring the report to the Board of Trustees: March 10, 2010 APPROVED 6-0 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 558 WESTCHESTER AVENUE 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 Special Use Permit and Site Plan application for 558 Westchester Avenue 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, the roll was called and the resolution was adopted: MR.ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES NEW BUSINESS 3. Review of a Site Plan Application by Peter Stahl on behalf of Stephen Marsh (Chop't) for a site plan amendment and change of use for a parcel located at 116 South Ridge Street Rye Brook, NY, Parcel ID 141.27-1-6 • Considering a Report and Recommendation to the Board of Trustees Steven Silverberg,Attorney for the applicant, gave a brief overview of the application and added that the landlord, tenant and engineer are all present tonight. He believes there will be no change required for parking and traffic. He asked the Board to give consideration to how anxious the tenant is to get in, and that the application was submitted in December, 2010. Applicant advised that a parking study was performed but was not yet submitted. Chairman Zuckerman responded that the Planning Board reviews applications in a timely manner, and had the parking study been submitted in time for FP Clark to review it,the Board might have been able to make a recommendation now instead of waiting until the next meeting. James Ryan of John Meyer Consulting added that they received comments on March 7th and worked to get the parking study done as quickly as possible. They reviewed Mrs. Mohamed's VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... memo, and in regard to parking they relied heavily on information submitted with an earlier application for conversion of the theatre space to retail/restaurant use. In the earlier parking study, it was determined that even if the theatre space was fully occupied by restaurants,there would be enough existing parking to accommodate the new uses. In regard to traffic and parking the applicant believes the current application converting retail to restaurant space, will not have any effect on traffic flow or parking within the shopping center. They do not believe there would be any significant concerns regarding pedestrian circulation and safety because a comprehensive analysis and renovation of the parking areas, and vehicular and pedestrian circulation was done upon approval of the earlier application for the theatre conversion. The Applicant acknowledged that garbage collection and storage at the shopping center is a concern of the Village. They suggested a plan that locates additional dumpsters in the corner ofthe parking lot on Ridge Street where the steps come down from Ridge Street. The Applicant believes the area to be currently underutilized but would be a convenient location for garbage storage. Chairman Zuckerman responded that since moving the garbage dumpsters is not part of the original application referred to the Planning Board by the Board of Trustees, he is not sure the Planning Board has jurisdiction to consider it at this time, The Board of Trustees and the Planning Board are on the same page regarding this issue and he believes the shopping center should consider implementing a comprehensive, center-wide solid waste handling plan. The Board, in its recommendation,will again suggest that such a plan be done. The solid waste question is a major concern. The Board is concerned with the continuing trend in the center to increase the restaurant uses and, while that is not a bad thing, the solid waste handling, traffic and parking have to be addressed. While Chop't may not contribute to these problems in a major way, it behooves the shopping center to look at these issues holistically and address them. Mr. Silverberg agreed with the Chairman and stated they will work with the Village to come up with a plan that will address the solid waste handling issue once and for all. Mr. Goodman stated that in his opinion, Chop't is a fine restaurant and an interesting concept and he is impressed that it is a green company focusing on salad. He expects that such a company would have a plan for how solid waste is handled. Mr. Marsh, owner of Chop't responded that they separate garbage into multiple groups of recyclable items and in some cases, prepare compost. They have special trash handling requirements imposed on them at other locations and they try not to be disruptive to their neighbors. Mr. Tartaglia asked where the trash from Chipotle goes right now and where the trash from Chop't will be going. Mr. Peter Stahl of Win Ridge Properties responded that all trash ends up in compactors right now, adding that D'Agostino's has their own trash handling system. Mr. Tartaglia, speaking personally, believes the success of the shopping center is extremely important to the Village as it is our VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... downtown, and he would like to see the application move through the review quickly as well. Mr. Stahl added that they have kept up with what is required regarding trash handling in Westchester,including recycling requirements, and they have the facilities to handle the separated garbage from Chop't. Mr. Tartaglia believes all the Village Boards want the shopping center to succeed; however, it is also across the street from a large school and while he is not too concerned with parking, he does have concerns regarding the vehicular entrance and exit onto Bowman Avenue. He believes all of the eastbound,northbound, and westbound traffic exits onto Bowman Avenue from the shopping center because of the no left turn requirement on Ridge Street. At the dismissal of school, he believes it is dangerous for pedestrians because traffic backs up at the intersection with Ridge Street. Mr. Silverberg agreed, but added that the situation is not relevant the current application. There are many contributors to the congestion and agrees it is a situation that has to be addressed by the Village as well as by Win Ridge. Chairman Zuckerman agreed that at some point it does need to be addressed along with the garbage issue and both will be part of our recommendations to the Board of Trustees. Mr. Grzan agreed with all the comments made, but also believes the Village needs to work with the applicant to move the application along. He also had no problem with moving the application forward tonight, if the Board was so inclined. The majority of the Board agreed with Mr. Grzan. Mrs. Timpone-Mohamed added that the only outstanding item is the parking study,which she did not review due to its late arrival. Chairman Zuckerman stated that the recommendations to the Board of Trustees are to approve Chop't and for the Board of Trustees to review all the issues raised tonight. The parking study and the review comments by FP Clark regarding the parking study will be sent to the Board of Trustees for consideration. He added that most of the discussion did not revolve around Chop't, but was about traffic, parking, pedestrian safety and solid waste handling concerns for the entire shopping center. He recommended that the center address these issues with the Village proactively. Mrs. Gray read the report and recommendation to the Board of Trustees: March 10, 2010 APPROVED 6-0 Planning Board of the Village of Rye Brook Report and Recommendations to the Village of Rye BrookBoard of Trustees on the Proposed Site Plan Amendment Application for Rye Ridge Shopping Center— Chop't VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... Project Overview On February 16, 2011, the Village of Rye Brook Board of Trustees("BOT")referred a proposed site plan amendment to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by Stephen Marsh ("Applicant") on behalf of the owner, Win Ridge Realty, LLC, for a site plan amendment for the Rye Ridge Shopping Center, located at the intersection of South Ridge Street and Bowman Avenue,to replace a former retail use(Little Rembrandt)with a new restaurant use(Chop't). The Rye Ridge Shopping Center is located in the C1-P(Planned Neighborhood Retail)Zoning District. The application is currently before the BOT pursuant to § 209 of the Village Code which requires site plan approval for an amendment of a previously approved site plan on a non- residential property which involves a change in an existing use that affects characteristics of the site in terms of traffic, access,parking and other similar planning considerations. The Applicant is proposing to renovate the interior of an existing retail space to accommodate a new restaurant, serving mainly salads,with approximately 57 seats. No exterior modifications are proposed by the Applicant. The primary concern related to this application is parking. Planning Board Discussion The Planning Board reviewed this application at its March 10, 2011 meeting. F.P. Clark Associates, the Village's Planner provided a Planning Memorandum to the Planning Board based on a review of the application and information provided by the Applicant. F.P. Clark made the following planning comments: 1. Parking and Traffic. Based on the change of use from retail to restaurant, a parking demand study should be conducted to determine if there are existing parking spaces available at the shopping center to accommodate the increased parking demand associated with the proposed sit-down/take-out restaurant. Although the new use may generate additional traffic as compared to the former retail use, it is not anticipated that the increase would significantly affect the level of service of traffic in the shopping center and on the surrounding roads.However, the results of the parking demand study will be reviewed to determine if a traffic study is needed. (A Parking Utilization Study was received from the Applicant at the March 10, 2011 Planning Board meeting.) 2. Pedestrian Safety. The increase in the number of restaurants in the shopping center raises the concern that the number of pedestrians walking to the shopping center from surrounding businesses and the Port Chester Middle School located across the street on Bowman Avenue may increase. Currently there is an unsignalized pedestrian cross walk across Bowman Avenue from the end of the VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010-8:00 p.m. ............................................................................... school property to the vehicular entrance to the rear parking area of the shopping center. The cross walk ends at the vehicle entrance forcing pedestrians to enter the shopping center property via the driveway because there is no sidewalk on the south side of Bowman Avenue or a pedestrian access walkway into the shopping center. The safety of pedestrians may be compromised as they enter the site. We recommend that the Applicant consider providing a pedestrian walkway across the existing grass covered planting area south of the entrance that would connect the crosswalk to a clearly marked pedestrian walkway that links to existing walkways within the shopping center to improve pedestrian safety. 3. Solid Waste Handling. The increase in the number of restaurants in the shopping center raises concern regarding solid waste handling. The Applicant should demonstrate that the current on-site facilities for solid waste handling have sufficient capacity to handle the increased solid waste generated by the new restaurant use and that the solid waste handling plan for the shopping center has been updated to include all the new and proposed restaurant uses on the site. A solid waste management plan should be designed to avoid creating a nuisance to surrounding properties, particularly residential properties. Planning Board Recommendations The Planning Board recommends the Board of Trustees grant site plan approval provided the Applicant sufficiently addresses the concerns set forth above regarding parking. On a broader scale and not related to the application by Chop't, the Planning Board strongly recommends that the Win Ridge Realty,LLC consider addressing the traffic,parking,pedestrian safety, solid waste handling and other demands associated with the demands of the shopping center comprehensively, rather than on a tenant by tenant basis. Conclusion In conclusion,the Planning Board recommends the BOT grant the site plan modification provided the Applicant satisfactorily addresses the recommendations set forth in this report. A motion was made by Mr. Grzan and seconded by Mr. Tartaglia after which there was a brief discussion. Mrs. Schoen was not sure she agreed that the trend is towards all restaurants in the shopping center. She believes changes of use follow the economic environment and the state of the current economic environment should not be part of a planning recommendation.. The Board agreed and Mrs. Gray will change the wording of the report and recommendation accordingly. VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010- 8:00 p.m. ............................................................................... Mr. Nowak called the roll and the report and recommendation were approved: MR. ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution referring the report and recommendation to the Board of Trustees: March 10,2010 APPROVED 6-0 RESOLUTION AUTHORIZING SUBMISSION OF REPORTAND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN AMENDMENT FOR RYE RIDGE SHOPPING CENTER (CHOP'T) 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 by Stephen Marsh on behalf of owner, Win Ridge Realty, LLC (Chop't) for the Rye Ridge Shopping Center 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. Grzan, the roll was called and the resolution was adopted: MR.ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES There being no further business,a motion to adjourn was made by Mrs. Schoen and seconded by Mr.Tartaglia and the meeting was adjourned at 9:22 pm by unanimous voice vote. VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,March 10,2010- 8:00 p.m. ...............................................................................