HomeMy WebLinkAbout2011-04-14 - Planning Board Meeting Minutes APPROVED:
VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday April 14, 2011
--------------------------------------------------------------------------------------------------------------------------------------------
ROLL CALL
MINUTES
1. Review Minutes of January 13, 2011
CONTINUED BUSINESS
2. Review of a Site Plan Application by Mrs. Denise Pirro - Sammartino for a rear
addition, various renovations, and a wetlands permit for the parcel located at 225 Betsy Brown
Road, Rye Brook, NY, Parcel ID 135.44-1-11.
• Considering a resolution to schedule a public hearing
NEW BUSINESS
3. Referral from Board of Trustees to Review a Site Plan Application for a standby
generator submitted by Anthony Russo for the parcel located at 555 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 MEETING - MAY 129 2011
1 of 7
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
Mr. Jennifer Gray, Village Counsel
Mr. Mike Nowak, Acting Village Engineer
Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of
Allegiance. He then introduced the Board members and the Village Staff to the audience and
explained the rules of procedure for the meeting. Additionally, Chairman Zuckerman made note
for the public that the complete set of Planning Board Rules of Procedure 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 January 13, 2011
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. Laufer, a voice vote was
taken and the minutes were approved by a unanimous yes vote.
CONTINUED BUSINESS
2. Review of a Site Plan Application by Mrs. Denise Pirro - Sammartino for a rear
addition, various renovations, and a wetlands permit for the parcel located at 225 Betsy
Brown Road, Rye Brook, NY, Parcel ID 135.44-1-11.
• Considering a resolution to schedule a public hearing
Mr. Steve Anderson, Engineer for the applicant, addressed the Board and stated that the
percolation tests were done and witnessed by Dolph Rotfeld, Village Engineering Consultant.
The percolation tests showed satisfactory infiltration of water into the soil. The storm water
management systems will be discussed further at the Public Hearing which Mr. Rotfeld will
attend.
Chairman Zuckerman added that this application must go before the Zoning Board of Appeals
for 2 or possibly 3 variances.
2of7
There being no further comments or questions, Mrs. Timpone-Mohamed read the resolution
setting the Public Hearing:
April 14, 2011 APPROVED
RESOLUTION
SETTING A PUBLIC HEARING CONCERNING AN APPLICATION
FOR 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 an application for
approval of a site plan and a permit to perform 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 May 12, 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 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 Type lI, 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. Goodman, the roll was called 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
3 of 7
NEW BUSINESS
3. Referral from Board of Trustees to Review a Site Plan Application for a standby
generator submitted by Anthony Russo for the parcel located at 555 Westchester
Avenue, Rye Brook, NY, Parcel ID 135.83-1-14.
• Considering a report and recommendation to the Board of Trustees
This application is for the addition of a generator in the side yard. Chairman Zuckerman
explained that the property was a two-family home that was previously converted to a
commercial building by special use permit. Site plan approval is required for the addition
of the generator. This application is a referral from the Board of Trustees, which has final
approval authority over site plans for special permit uses.
Mrs. Jennifer Gray, Village Counsel, addressed the Board and noted that per the
applicant's letter submitted today, the impervious surface coverage on the lot is at 60%,
which exceeds the maximum of 30% allowable in the R2-F zoning district. Therefore,
although the Building Inspector must make the determination it is likely the addition of
the concrete pad for the generator will be considered an expansion of the existing non—
conformity, which will require a variance. The size of the area variance will be
determined by the Building Inspector, Mickey Izzo.
Mrs. Timpone-Mohamed clarified that gravel and concrete paving are considered
impervious surfaces by the Village Code. She added that the revised plans submitted by
the applicant include a fence to screen the generator and existing air-conditioning units
from the street as suggested, as well as plantings on the street side of the fence, which, in
her opinion, are acceptable.
Chairman Zuckerman added that whether a variance for the generator pad is required is a
determination to be made by the Building Inspector. If a variance is required, the Board
of Trustees will refer the application to the Zoning Board of Appeals.
Mr. Grzan has a concern with the visual impact of the generator from the street and asked
why the generator was not put in line with the condenser unit at the back of the building.
Mr. Russo stated he would have no problem changing the location of the unit, but the
current location was the decision of his architect and engineer.
Mrs. Timpone-Mohamed cautioned that there may be specific reasons why the current
location was chosen, such as, there are residential neighbors on the adjacent lot or on the
subject property whose bedrooms are in the rear of the building, which may be impacted
by the noise of the generator when it is exercised or used in an emergency.
Mr. Accurso is also not happy with the location that was chosen and assumes it is located
there because of the location of the power source. He added that since there is a paved
parking area in the rear yard and the air conditioning units are in the rear yard he would
like the generator there as well.
4of7
Mr. Russo asked if moving the generator to the rear yard parking area would eliminate the
need for a variance for the impervious surface coverage, to which Chairman Zuckerman
responded, Yes. The Chairman went on to say that the missing zoning table is also a
factor and he believes that Mr. Gianfrancisco should have been here tonight to explain
why the generator was located as it is, and why a zoning table is not included on the plan.
Chairman Zuckerman suggested that the application be adjourned and Mr. Gianfrancisco
attend the meeting on May 12th so the Board can move the application forward. He
suggested that the applicant consider moving the unit to eliminate the need to go before
the Zoning Board of Appeals, which could take up to two months. However, he also
advised the applicant that he could take his chances with the current location and have the
Board vote on the matter tonight.
Mr. Russo agreed to the adjournment, and the application was adjourned to May 12`x'.
The next item, one that was not on the agenda, is a resolution approving modifications to
the Planning Board Rules of Procedure in regard to Fair and Affordable Housing
applications.
Mrs. Gray read the resolution:
April 14, 2011 _APPROVED
RESOLUTION
APPROVING AN AMENDMENT TO THE
VILLAGE OF RYE BROOK PLANNING BOARD'S RULES OF PROCEDURE
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, the Planning Board conducts its meetings according to the Order of
Business set forth in the Planning Board Rules of Procedure; and
WHEREAS, the Planning Board is aware of Westchester County's 2009 Stipulation,
Settlement and Dismissal of United States of America ex rel. Anti-Discrimination Center of Metro
New York, Inc. P. llestchester County, Nero York, which settlement requires Westchester County
to implement a plan to provide 750 units of affordable housing throughout the County; and
WHEREAS, the Model Ordinance Provisions set forth at Appendix D-1(i) of the
Westchester County Fair and Affordable Housing Implementation Plan suggests giving
priority to applications that include fair and affordable housing units by placing such
applications first on all meeting and work session calendars and agendas.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of
Rye Brook hereby amends the Rules of Procedure as follows:
5 of 7
5. ORDER OF BUSINESS. The order of business at regular meetings of the
Planning Board shall be as follows:
a) Roll Call and Pledge;
b) Review of Minutes;
c) Applications Proposing Fair and Affordable Housing;
d) Public Hearings;
e) Resolutions;
Old/Unfinished Business;
g) New Business
However, the regular order of business at a stated meeting may at any time be
suspended by the affirmative vote of the majority of the members of the Planning
Board.
A motion was made by Mrs. Schoen and seconded by Mr. Tartaglia.
Discussion:
Chairman Zuckerman explained that the Board of Trustees referred an application to the
Planning Board for Bowridge Commons, which is an affordable housing project. The
proposed resolution puts Affordable Housing applications at the top of the agenda.
Other applicants will still be heard, but the affordable housing applicants will be heard
first. This change is an effort to comply with the County model ordinance and the
County lawsuit settlement. These applications will go below minutes and above
everything else.
Chairman Zuckerman asked that the roll be called:
MR.ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA YES
CHAIRMAN ZUCKERMAN YES
There being no further questions or comments, 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 8:45 pm by unanimous voice vote.
6of7
7 of 7