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HomeMy WebLinkAbout2011-08-11 - Planning Board Meeting Minutes Approved: April 12,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday August 11, 2011 - 8:00 p.m. ROLL CALL MINUTES AFFORDABLE HOUSING 1. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for a parcel located at 80 Bowman Avenue, Rye Brook, NY, Parcel 1D 141.27-1-26 2. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for a parcel located at 525 Ellendale Avenue, Rye Brook, NY, Parcel 1D 141.27-1-49 3. Review of a Local Law for Fair and Affordable Housing PUBLIC HEARING 4. Review of Site Plan and Wetland Permit Applications by Mrs. Denise Pirro- Sammartino for a rear addition, various renovations, and a wetlands permit for a parcel located at 225 Betsy Brown Road, Rye Brook, NY, Parcel ID 135.44-1-11 • Considering a resolution 5. Review of Site Plan, Subdivision(Lot Merger) and Wetland Permit Applications by Michael Piccarillo Architects on behalf of Mrs. Sharon Heller and Mr. Robert Knudsen for a multiple additions, various renovations, and a wetlands permit for a parcel located at 22 Lincoln Avenue, Rye Brook, NY, Parcel ID 135.65-1-31 CONTINUED BUSINESS NEW BUSINESS 6. Review of a Site Plan Application by John Scarlato, Jr. on behalf of Mr. and Mrs. Burathoki for a second story addition, front portico, and rear addition for a parcel located at 29 Lincoln Ave., Rye Brook, NY, Parcel ID 135.65-1-44 • Considering a resolution to set a public hearing 7. Review of a Site Plan Application by Cerebral Palsy of Westchester for Site Plan approval, and Wetlands and Steep Slopes permits for the property located at 1186 King Street, Rye Brook, NY, Parcel ID 124.48-1-1 DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETING September 8, 2011 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 - 8:00 p.m. PRESENT BOARD Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Mr. Dominick Accurso Chairman Gary Zuckerman EXCUSED Mr. Dan Tartaglia 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 meeting via streaming video on the Village website. The Chairman called for the first item on the agenda: AFFORDABLE HOUSING 1. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for parcel located at 80 Bowman Avenue, Rye Brook, NY parcel ID 141.27-1-26 Applicant requested an adj ournment to 9/8/2011 that was granted. 2. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for a parcel located at 525 Ellendale Avenue, Rye Brook, NY, Parcel ID 141.27-1-49 Mr. Michael Martino, Affordable Housing Consultant to Mr. Larizza, approached the Board and gave a brief overview of the application and indicated that they were prepared to respond to comments previously brought up by the Board and the Village's consultants. Chairman Zuckerman asked Mr. Martino and Mr. Clark Neuringer, representing Mr. Larizza,to give a brief presentation of exactly what they were proposing to develop on Ellendale Avenue. Mr. Neuringer gave a brief presentation noting that this application was submitted to the Building Department and had already been reviewed by the Village Engineer. They worked with Mr.Nowak to refine the site plan layout and the applicant believes the comments made by the consultants are resolved. He explained that the site is in an R2-F residential zone and they are petitioning the Board of Trustees for a change to the Cl zone. The property is adjacent to the existing C1 zone.. The planning rationale for the requested rezoning is that the subject parcel is a transitional VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 — 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In parcel between zones. Due to its location, it will create an orderly transition between the C1 commercial zone and the R2-F two-family residential zone. The applicant proposes to develop 4 one-bedroom dwelling units on the site, and it is conceivable that there may be 4 or 5 zoning variances required to accomplish the proposal. The single building would be a small four-family, two story structure—two units on the ground floor and two on the second floor. Off-street parking would be located in the front yard of the parcel facing Ellendale Avenue, and the property would have a landscaped rear yard. The applicant believes the development would be an asset to the street and the neighborhood. Chairman Zuckerman asked whether the size of the units meets the 675-foot requirement of Westchester County. The Chairman also explained that there is an issue regarding the possibility that the County favors 3 bedroom units. He asked the applicant if the proposal could conform to what the County favors if necessary, to which the applicant responded affirmatively. Chairman Zuckerman noted that that currently the proposed project and site plan layout would require 5 zoning variances. Mr. Neuringer agreed but noted that the variance requirements could be modified based on action by the Board of Trustees. Chairman Zuckerman explained that all the Planning Board is responsible for is recommending to the Board of Trustees whether or not to add the property to the C 1 zone and recommending whether nor not to approve the site plan. The Chairman stated that he believed the applicant was referring to the next item on the agenda,which is a review of proposed legislation for fair and affordable housing zoning for the Village. Mr. Neuringer added that while the units could be modified to 3 bedrooms, there may be severe economic constraints to doing so. Chairman Zuckerman stated that he understood the Applicant's concern, but indicated that the Planning Board's responsibility was only to review the project before it. The issue of whether or not the County will remain amenable to the project is not the concern of the Planning Board. Mrs. Mohamed addressed the Board and advised that she reviewed the application and that there were some incomplete items. The site plan application is from 2009—the Applicant had submitted a topographic survey but it was not signed and sealed. We also asked for a full EAF,which has not been provided yet. There are 5 variances required according to the Building Inspector. Ms. Mohamed expressed her concern about the parking in the front yard and whether it is consistent with the other residential properties on the block. She suggested revising the site plan to locate the handicapped parking in the front of the site, and re-locate the remainder of the parking in the rear of the site. This would fulfill one of the requirements of the fair and affordable housing that the affordable housing fit into the context of the neighborhood. Additionally, Ms. Mohamed advised the Board that the site plan showed the elevation of the asphalt driveway at the same level as the street—she suggested, for pedestrian safety that the applicant create a continuous sidewalk so cars entering and exiting the site would have to cross the sidewalk making it clear that it is a pedestrian area. She suggested the outstanding information discussed in the technical comments should be submitted and reviewed by the Acting Village Engineer. Mr. Nowak added that he had not reviewed the storm water management plan because he was awaiting feedback from the Planning Board. Chairman Zuckerman requested that the Applicant address the issues raised tonight at the next Planning Board meeting. Mr. Neuringer asked if Mrs. Mohamed received the follow up memo from Mr. Mastromonaco because he believes all the issues raised were already addressed. She indicated that she had not. Mr. Neuringer disagreed with the concerns raised by Mrs. Mohamed regarding the location of parking area, He indicated his belief that Ellendale Avenue has very few similar structures and existing parking lots and driveways on the street are all different. The applicant believes that as proposed the project will be a buffer for this street and that the site plan makes planning sense. Chairman Zuckerman asked if the Board would be open to a site visit. The consensus of the Board was to visit site individually since it is easily accessible. The Chairman suggested that a site visit would permit the Board to be VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 - 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In more prepared for the next meeting. Mr. Grzan was concerned about the long term implications of rezoning this site. Chairman Zuckerman responded by saying that since the applicant was proposing multiple dwelling units on a single lot, under the current R2-F zoning the proposed use is not permitted. He stated his belief that to request the Zoning Board to approve variances of this magnitude would risk having the project defeated. The application was adjourned to 9/8/2011. Someone from audience asked to speak and the Chairman informed them that it was not a Public Hearing, but they would be allowed to speak anyway. Rosemary Cappocci of 499 Ellendale Avenue, Rye Brook,NY addressed the Board. She stated that she was familiar with the area having lived in the vicinity for 67 years. She does not feel that School District 4 is in need of affordable housing. She further stated that in her opinion affordable housing would be more appropriate if located elsewhere in the Village. She inquired about the size of the lot and was advised by the applicant that it is 7,496 square feet. Julie Haney spoke next. She stated that she resides next door to the project site. She asked if the units would be rental, condo or co-op units and was advised by the applicant that they might be any of those. She indicated that she was concerned about lighting, sewage, and storm water management. She stated that, in her opinion, Ellendale Avenue is a residential not commercial neighborhood and she hoped it would stay that way. 3. Review of a Local Law for Fair and Affordable Housing Chairman Zuckerman briefly explained the basic terms of the settlement resulting from the federal lawsuit against Westchester County with regard to implementation of Fair and Affordable Housing throughout the County. The legislation before the Board is the product of the work of a committee set up by the Board of Trustees consisting of 2 Village Board members, 3 Planning Board members, Counsel Jennifer Gray, Building Inspector Mickey Izzo, and the Planning Consultant, Mrs. Timpone-Mohamed. The proposed law is regulation for a floating zone that would facilitate development of any affordable housing projects that may come before the Village for approval. Chairman Zuckerman explained that while this is not housing for the indigent, there are upper income limits for prospective residents and there are minimum income requirements as well. This program is designed so that middle- income families may be able to live in areas of Westchester County with little or no racial, ethnic or economic diversity. Mrs. Gray explained that the model ordinance prepared by the County is what the draft local law is based on. The Rye Brook committee made adjustments to the provisions of the model ordinance so that it was relevant to the conditions in the Village. Chairman Zuckerman asked for comments from the audience. He indicated that since this was such an important piece of legislation the Board would like to hear if the public had any concerns or questions, even though the Board of Trustees would be holding a Public Hearing on the matter. Mr. Grzan raised a point concerning the affordable housing applications currently before the Planning Board, i.e. Bowridge Commons and 525 Ellendale Avenue. He suggested that if this legislation were to become law prior to final approvals of the applications, the applicants could submit a petition to the Board of Trustees to rezone the project into the Fair and Affordable Housing zone established under the new legislation. Mr. Dean Santon, Hillandale Road, addressed the Board and suggested that the Board look into whether all zoning districts would be eligible for the new zone. He believed that it was not the case, so the Board should check before moving forward. Chairman Zuckerman responded that the new zone would apply both to zones that permit residential development and to those that do not. Adjourned to September 8, 2011. PUBLIC HEARING VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 - 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In 4. Review of a Site Plan and Wetland Permit 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 Lawrence Engle addressed the Board on behalf of the applicant advising that he had addressed the concerns of the Board from prior meetings in his most recent letter to the Planning Board. He believes a new percolation test was performed, as requested. Mr. Nowak confirmed a test was done and the site is acceptable for storm water management in the capacity proposed. The storm water management system for the property is acceptable. Chairman Zuckerman indicated that he believed the major issue is the vehicle turn-around area. Mrs. Mohamed added that most of the house and most of the lot, approximately 90%, is within the limits of the wetland buffer, and the Village Code states that mitigation is acceptable for loss of buffer only after every effort has been made to reduce the extent of impervious surface coverage. Therefore, initially an applicant should change the site plan to reduce as much of the disturbance to the buffer as possible, and with regard to the remainder, propose mitigation. In her opinion, it is not necessary for the turnaround to be as large as is proposed. The applicant should try to reduce the size of the area to the minimum amount practicable. Mr. Engle appreciated the concerns of the consultants. He was not sure what the minimum was but he believed it would diminish the ability to use it as a turnaround by reducing it any further, and he believed it is already reduced as much as possible. He also believed it is a safety issue because the turnaround allows the homeowner to pull out onto Betsy Brown Road, which is a very busy road, while moving forward. Mrs. Schoen asked about the screening if this turnaround were to stay the way it is proposed. The landscape architect responded that the planting plan shows screening for that area. Mr. Grzan was still concerned about the turnaround. He agreed there is a safety issue, but the location of the turn- around left no space to effectively screen it. The location also makes it difficult to use it as proposed if a second car is parked in the driveway. Chairman Zuckerman did not want to delay this application any longer and indicated that he would like to close the public hearing, and advance the vote to tonight, so he took an informal poll of the Board. Mrs. Schoen indicated that her concern was with the screening and would like to see it softened, but this should not deter the vote. Mr. Grzan agreed to move it forward. Mr. Laufer indicated he was ready to vote. Mr. Goodman agreed to vote. Mr. Accurso stated that the minimum size of a parking space is 20' x 10,' and that this parking court is 12' x 12.' He believed there is a little wiggle room to reduce the size of the paved area and still have it function as a turn- around. Chainuan Zuckerman asked if anyone from the public wished to speak. Mr. Dean Santon, Hillandale Road, advocated better screening of the turn-around. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, a voice vote was taken and the Public Hearing was closed. Mr. Nowak called the roll regarding advancing the vote: VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 - 8:00 p.m. 0101010 In In In In In In In In In In In In In In In In In In In MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES No one objected to advancing the matter to a vote tonight. Mrs. Jennifer Gray read the proposed resolution. August 11, 2011 APPROVED RESOLUTION APPROVING A SITE PLAN AND WETLAND PERMIT AT 225 BETSY BROWN ROAD 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: 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. Memoranda to Michal Nowak, Acting Village Engineer from James Natarelli, P.E., Dolph Rotfeld Engineering, P.C., Village Engineering Consultant, dated April 13, 2011 and July 11, 2011 10. Topographic Property Survey, dated August 10, 2010, preparer not indicated VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 — 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In 11. Memoranda to Planning Board from Lawrence D. Engle, Esq., Attorney for Applicant, dated August 4, 2011 and August 8, 2011 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 12. Engineer's Plans, prepared by Gabriel E. Senor, P.C., Hartsdale, NY: Sheet Number Sheet Title Dated SP— 1 Site Plan, Stormwater 12/8/09 last rev. and Erosion Control 7/11/11 SP-2 Drainage Detail Sheet 4/21/10 last rev. 7/11/11 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 WHEREAS, the Planning Board on April 14, 2011, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the 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 Village Planning Consultant, Village staff and the Planning Board reviewed the information, submitted comments and made recommendations regarding the site plan, the landscape plan, zoning, grading, tree protection, storm water management, erosion and sediment control and the construction management plan, and the plans were revised according to the comments; and VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 — 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on May 12, 2011, the Planning Board opened a public hearing on the subject application, which was continued to July 14, 2011 and August 11, 2011, 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 August 11, 2011; and WHEREAS, on July 5, 2011, the Zoning Board of Appeals granted the Applicant's request for the following area variances (1) front yard setback variance of 6.4 feet; and (2) front yard setback variance for unenclosed off-street parking of 16.33 feet; and WHEREAS, the Applicant has performed percolation tests in the area of the infiltration unit relocated outside the wetland buffer and such percolation tests have been reviewed and accepted by the Acting Village Engineer and/or the Village Consulting Engineer; and WHEREAS, a Stormwater Management and Erosion and Sediment Control Plan has been approved by the Acting Village Engineer and/or the Village Consulting Engineer; and WHEREAS, the Planning Board has considered the wetland permit standards set forth at Village Code 5 245-8(A) and recognizes the Applicant has proposed to remove all invasive plant species in the area of the proposed mitigation plantings and has proposed 1,425 square feet of mitigation plantings for the loss of wetland buffer which is in excess of the 1,032 square feet of mitigation plants required by Chapter 245 of the Village Code. NOW, THEREFORE BE IT RESOLVED, for the reasons stated herein, that the Village of Rye Brook Planning Board hereby approves the site plans listed herein and approves a Wetland Permit, to demolish and rebuild an existing garage, construct a one story addition and construct a front porch to an existing home and to perform such regulated activities within a wetland buffer, at 225 Betsy Brown Road, upon the following conditions: 1. Prior to the issuance of a building permit the site and building plans shall be revised to provide sufficient information, as required by the Building Inspector, to confirm the proposed construction's compliance with State and local requirements regarding construction in a flood plain; and 2. No building permit shall be issued until the Subdivision Map, dated August 24, 2010, prepared by Gabriel E. Senor, P.C., approved by the Planning Board on January 13, 2011, which approval was extended by the Planning Board to October 11, 2011, is duly filed with the Office of the Westchester County Clerk, Land Records Division; and 3. The Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 — 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In request to the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit; and 4. All plantings required in the plan titled "Site Plan, Sheet SP-1" prepared by Daniel Sherman, Landscape Architect, dated April 26, 2010, last revised March 28, 2011, shall be maintained by the property owner and replaced as necessary or as determined by the Acting Village Engineer; and 5. The proposed landscape plantings shown on the plan titled, "Site Plan, Sheet SP-1," prepared by Daniel Sherman, Landscape Architect, dated April 26, 2010, last revised March 28, 2011, shall govern and the landscape plantings shown on the plan titled, "Site Plan, Stormwater and Erosion Control, SP-1," prepared by Gabriel E. Senor, P.C., dated December 8, 2009, last revised July 11, 2011, shall be omitted from such plan; and 6. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Advisory Council on Environmental Conservation, the Village Engineer or their designated representatives. b. All permits issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5(B)(7) of the Village Code. c. The permit holder shall provide written notification to the Acting Village Engineer of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The approval authority's permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. £ The permit, including all conditions, shall be binding on all successors and assignees of the permit holder. VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 — 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In 7. No permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES The application was approved unanimously. 5. Review of a Site Plan, Subdivision(Lot Merger) and Wetland Permit Application by Michael Piecarillo Architects on behalf of Mrs. Sharon Heller and Mr. Robert Knudsen for a multiple additions,various renovations, and a wetlands permit for the parcel located at 22 Lincoln Avenue Rye Brook, NY, Parcel ID 135.65-1-31 On a motion made by Mrs. Schoen and seconded by Mr. Grzan, a voice vote was taken and the Public Hearing was declared open by unanimous voice vote. Mr. Jim Ryan of John Meyer Consulting addressed the Board on behalf of the applicant stating they have new plans, although the Board has not seen them yet, and his firm was new to the project. They were present to answer any questions the Board might have. They also have storm water management plans prepared and would submit them tomorrow to the Village. Mr. Ryan gave an overview of the project, noting that it has a septic system, a well, and is within the regulated buffer of the Blind Brook. They have designed a storm water plan that routes all the drainage in excess of the requirements into a rain garden that would treat the stormwater and help manage it. They have also provided a detailed landscape plan that includes mitigation plantings. They have looked at some of the other site issues brought up by Mrs. Mohamed such as the adequacy of the width of the driveway for emergency vehicle access. They found that the driveway is wide enough,but would require some tree trimming to make it more accessible. Mrs. Mohamed stated that the plan has changed as Mr. Ryan stated and noted that the Land Trust should be notified of all the changes as they must review them due to the existing Conservation Easement. Also, the width of the driveway should be noted on the plans. Mr. Ryan stated it is 17 feet. Mrs. Heller addressed the Board in regard to two trees being removed, stating they are Norway Maples and are hollow. In addition, the Land Trust is expected to visit within the next two weeks and they would review the changes with them. On a motion made by Mr. Grzan and seconded by Mrs. Schoen, a vote was taken to adjourn the Public Hearing: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES The Public Hearing was adjourned to September 8, 2011. VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 - 8:00 p.m. NEW BUSINESS 6. Review of a Site Plan Application by John Scarlato,Jr., on behalf of Mr. and Mrs.Burathoki, for a second story addition, front portico, and rear addition,for the parcel located at 29 Lincoln Avenue, Rye Brook, NY, Parcel ID 135.65-1-44 • Considering a resolution to set a public hearing Mr. John Scarlato, architect for the applicant, addressed the Board noting that the applicant had received the 4 variances requested from the Rye Brook Zoning Board of Appeals. The application was before the Planning Board because the site is located within the Lincoln Avenue Scenic Roads Overlay District. He gave a brief overview of the project. Chairman Zuckerman concurred that the application was before the Board because of its location in the SROD. Mrs. Timpone-Mohamed addressed the Board stating that there were missing items needed to complete the application. A site plan was needed for the Board to approve. She indicated that there were 4 zoning variances granted. The applicant would need a tree preservation and protection plan, and there should be a landscape plan as well. In terms of tree preservation, the applicant should provide protection for those trees that are to remain within the limits of construction. A current survey also should be provided. Mrs. Timpone-Mohamed read the resolution setting the public hearing. August 11, 2011 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 29 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. John Scarlato, Jr., Architect submitted an application for approval of a site plan on behalf of the property owners, Rabi and Babita Burathoki to construct multiple additions to an existing home located at 29 Lincoln Avenue, in the R-10 zoning district and the Lincoln Avenue Scenic Road Overlay District (SROD), Section 135.65, Block 1, Lot 44 as shown 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 September 8, 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 2 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. Grzan, Mr. Nowak called the roll: MR.ACCURSO YES VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 — 8:00 p.m. 0101010 In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES CHAIRMAN ZUCKERMAN YES The Public Hearing date of September 8, 2011 was approved. 7. Review of Applications by Cerebral Palsy of Westchester for Site Plan approval, and Wetlands and Steep Slopes permits for the property located at 1186 King Street, Rye Brook, NY, Parcel ID 124.48-1- 1 Michael Boender, architect for the applicant, addressed the Board and gave a brief overview of the application which consisted of demolishing two existing structures and replacing them with a single new building accommodating the all the uses located in the demolished structures. They had worked with the Village to minimize disturbance to the wetlands. They were in receipt of a memo from Mrs. Timpone-Mohamed and were prepared to answer questions raised in the memo tonight. Amanda DeCesare of WSP Sells, presented the drawings that showed the location of the proposed pavilion. The building would be located 100 feet from King Street as required by the Scenic Roads Overlay District. Storm water would be handled by underground detention chambers and a rain garden. The site is 12 acres and encompasses three building lots. The lot that is the subject of the application is 6.11 acres. The area of work is the southern portion of the site. A topographic survey was prepared for the area of work; however, the applicant would like the Board to accept Westchester GIS topographic data for the remainder of the site, which would be resubmitted next week. Mrs. Timpone-Mohamed addressed the Board stating that the topography for the entire site was not necessary because the applicant was only doing work in one portion of the site. However, she believed a topographic survey of the entire site is required by the Village Code unless the Board waive the requirement. She and the Building Inspector felt that a current perimeter survey of the entire site would be necessary for a complete review of the application. Chairman Zuckerman agreed that the information that was needed/required would only be available from a current complete survey. Ms. DeCesare clarified that only the elevations shown were acquired from the Westchester GIS data. She continued to address the memo, inviting the Board to visit the site. She indicated that parking would be addressed and they would be revisiting the site plan with regard to concerns about wetland impacts and steep slopes. Chairman Zuckerman asked about Village Code issues with regard to lot merger. Mrs. Gray explained the issues related to lot merger requirements in the Village Code. Linda Cook from Cerebral Palsy of Westchester addressed the Board, indicating that they were advised by Mr. Nowak of the lot merger concerns and they had to do a little research to determine the current status of the lots. Mrs. Timpone-Mohamed indicated that the Town of Greenwich should be notified of the application because the site is within 500 feet of the Greenwich municipal line. Mr. Nowak stated with regard to storm water that when the Board was happy with the site layout he would review the stormwater management plan with Mr. Rotfeld, the Village Consulting Engineer. Mr. Dean Santon, Hillandale Road, addressed the Board, explaining his understanding of the multiple lots that VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,August 11,2011 - 8:00 p.m. In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In comprise the property and how they came about. He sent a memo to the Board of Trustees that included a history of the property and suggested it be made available to the applicant. He believed that the survey is not accurate according to the deed description. Chairman Zuckerman thanked Mr. Santon for his research which was, as usual, thorough. Chairman Zuckerman called for a motion to adjourn the meeting, and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned at 10:41pm.