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HomeMy WebLinkAbout2011-05-12 - Planning Board Meeting Minutes Approved:Sept.8,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday May 12, 2011 ------------------------------------------------------------------------------------------------------------ ROLL CALL MINUTES 1. Review Minutes of March 10, 2011 NEW BUSINESS 2. Referral from Board of Trustees to Review a Site Plan Application for Fair and Affordable Housing by Frank Madonna for the parcel located at 80 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-26. PUBLIC HEARING 3. 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 CONTINUED BUSINESS 4. Referral from Board of Trustees to Review a Site Plan Application for a standby generator 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 - June 9, 2011 1 of 17 Approved:Sept. 8,2012 PRESENT BOARD Mr. Dominick Accurso Mr. Robert Goodman Mr. Bill Laufer Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. John Grzan STAFF Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mrs. Jennifer Gray, Village Counsel Mr. Mike Nowak, Acting Village Engineer Mr. Dolph Rotfeld, Village Engineering Consultant 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. Mrs. Schoen wanted to take a minute to congratulate Chairman Zuckerman on being named Citizen Planner of the Year by the Westchester County Planning Federation, which in her opinion, is a well deserved honor. Chairman Zuckerman has been serving the public for many years and she is proud to be serving along with him. Chairman Zuckerman thanked the Planning Board, staff and consultants adding that his job could not be done without their help. The Chairman called for the first item on the agenda: MINUTES 1. REVIEW MINUTES OF MARCH 10, 2011 There being no comments or questions, Chairman Zuckerman called for a motion to approve the minutes and on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, the minutes were approved by unanimous voice vote. NEW BUSINESS 2of17 Approved:Sept. 8,2012 2. Referral from Board of Trustees to Review a Site Plan Application for Fair and Affordable Housing by Frank Madonna for the parcel located at 80 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-26. Chairman Zuckerman explained that this application is an affordable housing application and that while Rye Brook is no stranger to affordable housing, as it currently has 48 units throughout the village, this application tonight is a bit different. As the public may or may not be aware, a lawsuit was brought against the County of Westchester alleging that the fair housing requirement had not been met, and a settlement was reached, which requires that 750 units of affordable housing be established in eligible municipalities within the county. Rye Brook is one of the eligible municipalities. The lawsuit does not require us to build anything, developers are responsible for that. The Chairman explained that the affordable housing is not housing for the homeless. The target population for this program will have a family income of up to $84,000 per four people per year. The Planning Board recently amended its Planning Board Rules and Procedures to accommodate the County Implementation Plan to make all applications for affordable housing a priority by putting them first on meeting agendas. Chairman Zuckerman noted that the application tonight is incomplete, adding that staff met last week to resolve some issues and he understands that the meeting was quite productive. Mr. Federico, Architect for BowRidge and Mr. Frank Madonna, the owner, addressed the Board and gave an overview of the proposed project. The property and the two houses next to it have been bought by Mr. Madonna and the property currently sits behind a gas station and cleaners. This property is on the corner of Bowman Avenue and Barber Place. It is the applicant's understanding that the Board of Trustees asked for more open space and more of a courtyard feel instead of being right on the street and the suggested changes were made. The Board also requested more one bedroom units for either handicapped or senior citizens on the ground floor which they have also addressed. The applicant is envisioning selling each unit as a two family home where the landlord will live on the second floor and the tenant on the ground floor. The entrance to the property will be one way from Bowman with two-way access on Barber Place. The applicant is aware they are missing information and they are addressing those issues but wanted to get things started. Mrs. Mohamed, Village Planning Consultant, addressed the Board advising that she did a preliminary review of the application package adding that all of the affordable housing applications, although expedited, are required to go through SEQRA review. There are certain issues on the lot that may cause impacts that should be addressed such as parking. It will be very difficult to put the required parking on the lot that the current zoning requires. She added that the lot has been previously used and is adjacent to commercial uses that may have sub-surface hazardous materials that may have migrated onto that lot. A subsurface soil investigation will need to be done.. Another item of concern is the Port 3of17 Approved:Sept. 8,2012 Chester School District. There are 16 residential units of which 8 have two bedrooms, which may house a family with children that might have an impact on the school district. Drainage and adequate access for emergency vehicles are concerns as well. Also, there are two homes on the property that would be demolished. These dwellings may have hazardous materials, which should be addressed. There are minor site plan check list items that were not provided, such as a full environmental assessment form. The applicant should work with the County to make sure that the units we are looking at will be compliant with the recommendations of the County and capable of being subsidized by the County. Mr. Rotfeld, Village Engineering Consultant, reviewed the engineering on the applications and has submitted his memo which contains 23 concerns. A few more have since been added. Chairman Zuckerman advised the applicant that he should meet with Mr. Rotfeld to discuss his list of concerns Mrs. Jennifer Gray, Village Counsel, addressed the Board and discussed the subdivision application. She advised the applicant that he should clarify whether the units are going to be owned in fee simple, and review the plan for compliance with NYS Village Law, which requires that every lot for which a building permit will be given must have access to a mapped or public street. These issues should be addressed as the application moves forward. Chairman Zuckerman advised the applicant that the issue should be discussed between the applicant's attorney and the Village attorney. He also suggested that they keep the County apprised of all steps to make sure the process is moving forward as it should. Mr. Mike Nowak, Acting Village Engineer, addressed the Board noting that there may be a list of variances that will be required as per the Building Inspector. Those variances include a front yard variance at the Barber Place frontage, a rear yard variance, a variance for open space on the entire site, and the maximum height of the structure because the Village Code only allows 30 feet and 33 feet is proposed. The applicant is requesting a 3 story structure where Village Code only allows 2 stories and lastly, the parking space requirement will require a variance as well. Currently that is the list but it could change as the plan progresses. There was a question and answer period between the Board and the applicant during which multiple issues were discussed such as: These units would be condominiums with an HOA. There would be a parking/traffic study. Getting a determination from the Building Inspector on exactly how many units can be built on the site based on the current code. A site visit by the Planning Board so they can get a visual of the layout of the application. 4of17 Approved:Sept. 8,2012 Open space requirements. Aesthetics. After discussion, application was adjourned to June 9, 2011 PUBLIC HEARING 3. Review of a Site Plan Application by Mrs. Denise Pirro - Sammartino for a rear addition, various renovations, and wetlands permitting for the parcel located at 225 Betsy Brown Road Rye Brook, NY, Parcel ID 135.44-1-11 • Considering a resolution On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the Public Hearing was opened and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHARIMAN ZUCKERMAN YES Chairman Zuckerman explained that this application was before this Board a couple of times and adjourned until soil testing could be performed. All items have been addressed in the memos from Dolph Rotfeld and Marilyn Timpone-Mohamed. However, there is still an issue with regard to the stormwater facilities and he has asked Mr. Rotfeld to address that as well. The Chairman advised that this application must be referred to the Zoning Board to obtain variances and suggests that we do that tonight to keep the application moving forward. Mrs. Mohamed confirmed that most of the items from her memo have been addressed, but there are still a few remaining issues such as the variances. In addition to a 6.4 foot variance from the required front yard setback, the Building Inspector considers the 12 x 12 turnaround to be a parking court so a variance from the minimum setback for parking in the front yard will be needed as well and it would be a very large variance. She continues to recommend that the site plan be revised so that the currently conforming front yard is not made non-conforming and that the impervious surface coverage be reduced to the minimum practical for the applicant. The property in question is in the wetland buffer and the flood plain. The applicant has revised the planting plan to include more than what would be required as mitigation for loss of buffer; however, she continues to recommend reduction in the paving so that the storm water management system can be a smaller one to reduce buffer loss. The Building Inspector has indicated that all construction would be in the flood plain; therefore, construction must meet the requirements of FEMA and the Rye Brook Flood Plain law. She added that we do not 5of17 Approved:Sept. 8,2012 have construction documents at this time so the Building Inspector cannot determine if the plans are compliant. An updated survey has been provided as well. Dolph Rotfeld, Village Engineering Consultant, addressed the Board stating that code requires that cultec units cannot be located within the 100 year flood plain. Mr. Tartaglia asked if this branch of the Blind Brook was intermittent or if water flows all the time. Mr. Rotfeld responded that water flows all the time, but since the detention basin was built it does not get as high as it used to during storms. Mrs. Jennifer Gray, Village Counsel, clarified Mr. Rotfeld's statement saying that according to the Village Code cultec units that drain pavement on which cars are located cannot be located within the 100 foot wetland buffer. Mr. Accurso asked if Mr. Rotfeld was comfortable with the design to which Mr. Rotfeld responded that he was. Chairman Zuckerman confirmed that all items have been addressed except for the few discussed tonight. He congratulated the applicant and suggested that before they come back from the Zoning Board that they have the remainder of the issues resolved as well as to expedite the application. Mrs. Jennifer Gray read the resolution referring the application to the Zoning Board. May 12, 2011 _APPROVED RESOLUTION REFERRING A SITE PLAN TO CONSTRUCT A REAR ONE STORY ADDITION AND A FRONT PORCH AT 225 BETSY BROWN ROAD TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mrs. Denise Pirro-Sammartino, property owner, has made an application to the Village of Rye Brook for approval of a site plan to demolish and rebuild an existing garage, construct a one story addition and construct a front porch to an existing home in the R-10 zoning district located at 225 Betsy Brown Road, 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 Planning Board reviewed the following plans and application materials: 6of17 Approved:Sept. 8,2012 1. Revised Site Plan Application Building Permit Checklist 2. Revised Exterior Building Permit Application 3. Building Permit Checklist and Zoning Analysis 4. Short Environmental Assessment Form 5. Revised Wetlands Delineation and Assessment, Recommended Mitigation Measures, dated December 30, 2010, prepared by Stephen W. Coleman, Environmental Consulting, LLC, Ossining, NY 6. Letter Response to FPCA Memo dated 12-03-10, from Stephen W. Coleman, Environmental Consulting, LLC, Ossining, NY, dated December 30, 2010 7. Drainage Report prepared, by Gabriel E. Senor, P.C., Hartsdale, NY, and dated April 5, 2011 8. Email Memorandum from Michael Izzo, Village Building Inspector to Jennifer Gray, Village Attorney, dated April 12, 2011 9. Memorandum to Michal Nowak, Acting Village Engineer from James Natarelli, P.E., Dolph Rotfeld Engineering, P.C., Village Engineering Consultant, dated April 13, 2011 10. Topographic Property Survey, dated August 10, 2010, preparer not indicated 11. Engineer's Plan, prepared by Gabriel E. Senor, P.C., Hartsdale, NY: Sheet Number Sheet Title Dated No number Site Plan 12/8/09 last rev. 4/1/11 12. Architect's Plans, prepared by Gary Savitzky, Architect, Scarsdale, NY: Sheet Number Sheet Title Dated Cover Sheet none no date SP101 Proposed Site Plan 2/3/10 rev. 10/18/10 A100 Proposed Foundation Plan 2/3/10 A101 Proposed First Floor Plan 2/3/10 A102 Proposed Second Floor Plan 2/3/10 A103 Proposed Roof Plan 2/3/10 A201 Proposed Exterior Elevations 2/3/10 EX101 Existing Basement and First Floor Plans 2/3/10 EX102 Existing Second Floor and Roof Plans 2/3/10 EX201 Existing Exterior Elevations 2/3/10 13. Landscape Architect's Plan, prepared by Daniel Sherman, Landscape Architect, Valhalla, NY: Sheet Number Sheet Title Dated SP— 1 Site Plan 4/26/10 last rev. 3/28/11 7of17 Approved:Sept. 8,2012 WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information, submitted comments and made recommendations to the Applicant regarding the site plan; and WHEREAS, on January 13, 2011 the Planning Board approved a merger of the two lots that comprise the property; and WHEREAS, the following planning issues are identified by the Planning Board for the Zoning Board of Appeals consideration: 1. The entire property, including the proposed front porch is located within the wetlands buffer and flood plain of the East Branch of the Blind Brook; and 2. A landscape plan has been submitted which provides 1,425 square feet of mitigation plantings for the loss of the stream buffer, which is in excess of the 1,032 square feet of buffer creation or enhancement required by Chapter 245. In addition all invasive plant species will be removed from the area of the proposed mitigation plantings; and 3. Due to the proximity of the proposed construction to the East Branch of the Blind Brook, treatment of stormwater is an important component of this application; and 4. The Applicant is currently proposing approximately 516 square feet of additional impervious surface coverage which has triggered the requirement for the approval of a stormwater pollution prevention plan; and 5. Dolph Rotfeld Engineering, P.C. reviewed stormwater plans prepared by Gabriel E. Senor, P.C. dated December 8, 2009, last revised April 29, 2011 and an undated memorandum prepared by Gabriel E. Senor, P.C. and has determined that all outstanding engineering issues have been addressed with the exception of the following minor comment: All "Nyoplast Inspection Ports" are to be installed with solid covers; and 6. Dolph Rotfeld Engineering, P.C. has also noted the following: (1) Section 217-9 of the Village Code states that infiltration devices for areas subject to vehicle traffic shall not be installed within 100 feet of any wetland or water body, however, as currently an infiltration device for driveway runoff is proposed to be installed in the front yard within 100 feet of the wetland or water body; and (2) the proposed rear addition must comply with building code pertaining to floodplain development. Noted item#2 is not a site plan issue but rather an issue to be addressed by the Building Inspector upon review of the plans prior to issuance of a building permit; and WHEREAS, the residence and site plan, as proposed, would require the following variances for approval of the site plan pursuant to a zoning analysis conducted by the Village Building Inspector: 8of17 Approved:Sept. 8,2012 1. The minimum required front yard setback is 30 ft. The proposed front addition will result in a front yard setback of 23.6 ft. The applicant would be required to seek a 6.4 ft. front yard s/b variance from the ZBA; and 2. The minimum required front yard setback for unenclosed off-street parking is 25 ft. The proposed additional parking area, identified on the plans as "proposed curbing and backup area" is proposed to be setback 8.67 ft. from the front lot line. The applicant would be required to seek a 16.33 ft. unenclosed off-street parking front yard s/b variance from the ZBA; and WHEREAS, the Planning Board believes that pursuant to § 179-12(A) of the Village Code the application should be referred to the Zoning Board of Appeals for a determination on the area variances required before final decision on the site plan application is made by the Planning Board; and WHEREAS, the Planning Board on April 14, 2011, 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 Type II, requiring no further review pursuant to the requirements of SEQRA; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby refers the site plan application listed herein, to construct a rear one story addition and a new front porch on the home located at 225 Betsy Brown Road, to the Zoning Board of Appeals for a determination on the area variances; and BE IT FURTHER RESOLVED, once the determination has been made by the Zoning Board of Appeals regarding the area variances, the applicant shall return to the Planning Board for final site plan review with any revisions, if necessary, to the proposed project based upon the Zoning Board of Appeals determination. A motion was made by Mrs. Schoen and seconded by Mr. Tartaglia. Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES 9of17 Approved:Sept. 8,2012 CHARIMAN ZUCKERMAN YES Chairman Zuckerman called for a motion to adjourn the Public Hearing to 7/14 and on a motion made by Mrs. Schoen and seconded by Mr. Laufer, the resolution was adopted and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHARIMAN ZUCKERMAN YES Mr. Engle, Attorney for the applicant, thanked the Board and took a moment to congratulate Chairman Zuckerman on his award noting that his leadership is legendary. CONTINUED BUSINESS 4. Referral from Board of Trustees to Review a Site Plan Application for a standby generator 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 Chairman Zuckerman explained that the application was a referral from the Board of Trustees for a report and recommendation. The applicant has moved the generator to the rear parking lot which eliminates the need for any variances. Mr. Gianfrancisco of Arconics Architects addressed the Board noting that he has taken the recommendation of the Planning Board and relocated the generator to a portion of the existing black top at the rear entrance of the building. The area will include 4 foot high opaque fencing and would not be visible from the front yard. The closest person to the rear yard is on Hawthorne Avenue adding that the grade change as well as the distance makes the new location a better location. The unit has been programmed to test at 2pm on Wednesday afternoons so as not to disturb the neighbors during evening hours and the Zoning Chart has been included as requested. Mrs. Timpone-Mohamed has reviewed the move and is comfortable that the fence will provide the screening needed. Her one issue is that with moving this generator to the rear parking area, it may remove a parking space.Since the applicant has not provided a parking plan that locates the spaces that are required by the original approval of the 10 of 17 Approved:Sept. 8,2012 special permit, she is not sure if the removal of the one space will cause the plan to become non-compliant with the parking requirements. Mr. Gianfrancisco responded that the generator does not stick out any further than the building so it does not remove any parking spaces. Mrs. Jennifer Gray read the summary of the report to the Board of Trustees after which a motion was made by Mrs. Schoen and seconded by Mr. Tartaglia. 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 APPLICATION FOR 555 WESTCHESTER AVENUE I. PROJECT OVERVIEW On March 22, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a proposed Site Plan Application to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by Anthony Russo, Borrelli & Russo ("Applicant") on behalf of the owner, 555 Westchester Avenue, LLC, to install an exterior-located, 20Kw, natural gas fired, emergency generator on property located at 555 Westchester Avenue and designated as Section 135.83, Block 1, Lot 14 on the Town of Rye Tax Map ("Property"). The 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. Site plan approval for the placement of a permanent standby backup generator is required pursuant to Section 250-4.1 of the Village of Rye Brook Code. The BOT is the approval authority for the site plan application pursuant to Section 179-2 of the Village of Rye Brook Code which states "...approval authority over site plans for specially permitted uses under the Zoning Law shall be reserved to the Village Board." The 11 of 17 Approved:Sept.8,2012 Property is the subject of a Special Use Permit approved by the BOT on October 27, 1987 to permit the use of the premises "as professional offices for insurance and real estate purposes" subject to four conditions: (1) the number of employees shall be limited to five; (2) normal business hours shall be 9 a.m. to 5 p.m., Monday through Friday; (3) the screening, as presently exists, shall be adequately maintained; and (4) the use for which this Permit was granted, shall continue as same. The Applicant's Site Plan Application for placement of an emergency generator does not request amendments to the Special Use Permit. The scope of the Planning Board's review was only of the Site Plan Application for approval of a standby natural gas fired generator. The Planning Board's inquiry did not extend to zoning issues which may exist on the Property, but are not related to the placement of a generator on the Property. However, the BOT may wish to consider seeking confirmation from the Applicant that the Applicant is continuing to adhere to the scope and conditions of the Special Use Permit. The BOT may also wish to verify the Property's compliance with all applicable zoning regulations and require the applicant to relocate the existing sign from the Village's right-of-way on Westchester Avenue. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its April 14, 2011 and May 12, 2011 meetings. 12 of 17 Approved:Sept. 8,2012 F.P. Clark Associates, the Village's Planning Consultant, provided a Memorandum to the Planning Board dated April 7, 2011 based on a review of the application and information provided by the Applicant and Village Staff. A. F.P. Clark made the following planning comments in its April 7, 2011 Memorandum: 1. Site Plan. With regard to the location of the generator, the proposed location, although technically in the side yard, is in an area of the side yard that from the street is visually part of the front yard. This is also true of the existing air- conditioning units. Therefore, we recommend that in addition to screen plantings an opaque fence should be installed to guarantee complete screening of the proposed and existing units, which cannot be ensured by landscape screening alone. Decorative plantings of lower mature heights should be planted along the street—facing length of the fence. 2. Zoning. We reviewed the original 1987 special permit approval resolution and we note that a site plan is not part of the original approval. To verify if the current use and site plan conform to the original special permit requirements, the applicant should provide a description of the current use of the building, and indicate if the original special permit was ever modified by subsequent application approvals. The new generator pad would increase the impervious surface coverage on the lot. Therefore, the total impervious surface coverage on the lot should be verified by the Building Inspector. The existing total impervious surface coverage on the lot, which includes the rear yard pavement, home, garage, and driveway impervious surfaces (see Sheet T-1, Topographic Plan), appears to be greater than the maximum allowable coverage of 30% in the applicable R2-F zoning district. The installation of the generator pad may, therefore, increase an existing non-conformity and require an area variance. The applicant should provide a calculation of the total impervious surface coverage for 13 of 17 Approved:Sept. 8,2012 verification and determination of any variances required. We note that a standard zoning table was not provided on the proposed site plan. 3. Landscape plan. The 25.1 inch deep by 28.8 inch high by 47.9 inch wide generator and the existing air-conditioning units of un-specified size are proposed to be screened by 11 Arborvitae shrubs of un-specified sizes. We do not recommend the use of landscape screening as the sole screening for the generator as it may not provide complete permanent screening of the generator, which would otherwise be very visible from the street. (See Comment 1) The landscape plan should completed by adding the proposed heights at planting and species names for all plant material proposed. 4. Noise. It is not clear from the information submitted if the new generators would be located in proximity to residences located on the lot and/or on the adjoining property to the west. This information is important because emergency generators must be exercised (run) for a short period of time on a regular basis to ensure that they will be operational during an emergency. If there is an apartment on the subject lot as indicated by the original special permit and/or there are residences next door, the Board may want to recommend limitations on the days and hours during which the proposed generator may be exercised to minimize disturbance to neighbors. In response to F.P. Clark's April 7, 2011 Memorandum to the Planning Board, the Applicant submitted a revised Site Plan and Landscaping Details, dated September 28, 2010, last revised April 12, 2011, which addressed F.P. Clark's comments. The revised plans were reviewed at the Planning Board's April 14, 2011 meeting at which time the Planning Board questioned why the generator was not located on the existing asphalt parking area in the rear yard so as to eliminate the need for a variance and to reduce visual impacts from the street. The application was adjourned for the Applicant to 14 of 17 Approved:Sept.8,2012 consider relocation of the generator. Revised plans, dated September 28, 2010, last revised April 26, 2011, and a cover letter were submitted by the Applicant on April 28, 2011. The April 28, 2011 submission was reviewed by F.P. Clark and the Planning Board and was found to have addressed the Planning Board's comments and F.P. Clark's prior comments, as applicable. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the issues raised by F.P. Clark's Memorandum the Planning Board recommends approval of the Site Plan Application, subject to the condition set forth below. Due to the proximity of the existing air conditioning units to the proposed location of the generator and the potential cumulative noise impacts, the Planning Board recommends the BOT impose as a condition of site plan approval limitations on the days and hours during which the proposed generator may be exercised to minimize disturbance to neighbors in the event it is determined there is residential occupancy on the Property and/or on the property to the west, adjacent to the proposed location of the generator and the existing air conditioning units. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the application upon consideration of the recommendations set forth herein. Dated: Rye Brook,New York May 12, 2011 APPROVED AT THE MAY 12, 2011 MEETING AT THE VILLAGE OF RYE BROOK PLANNING BOARD 15 of 17 Approved:Sept. 8,2012 BY A VOTE OF 6-0 ACCEPTING THE REPORT AND RECOMMENDATION Ayes: Dominick Accurso, Robert Goodman, Bill Laufer, Amy Schoen, Dan Tartaglia, Gary Zuckerman Nays: APPROVING THE REFERRAL RESOLUTION Ayes: Dominick Accurso, Robert Goodman, Bill Laufer, Amy Schoen, Dan Tartaglia, Gary Zuckerman Nays: Excused: John Grzan After discussion there were some minor changes made to the resolution. Chairman Zuckerman called for the roll on the resolution as modified: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHARIMAN ZUCKERMAN YES Mrs. Gray read the resolution sending the report to the Board of Trustees. May 12, 2011 _APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN APPLICATION FOR 555 WESTCHESTER AVENUE VILLAGE OF RYE BROOK PLANNING BOARD 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 application for 555 Westchester Avenue and requests the 16 of 17 Approved:Sept. 8,2012 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 resolution was adopted and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHARIMAN ZUCKERMAN YES There being no further business, Chairman Zuckerman called for a motion to adjourn and on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, the meeting was adjourned at 9:50 pm by unanimous voice vote. 17 of 17