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HomeMy WebLinkAbout2011-09-08 - Planning Board Meeting Minutes Approved: July 2013 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday September 8, 2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... ROLL CALL MINUTES 1. Review of the May 12, 2011 Minutes AFFORDABLE HOUSING 2. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for the Parcel located at 80 Bowman Avenue, Rye Brook, NY, Parcel 1D 141.27-1-26 • Applicant requests adjournment 3. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for the Parcel located at 525 Ellendale Avenue Rye Brook, NY, Parcel ID 141.27-1-49 • Considering a Report and Recommendation to the Village Board of Trustees 4. Review of a Local Law for Fair and Affordable Housing • Considering a Report and Recommendation to the Village Board of Trustees PUBLIC HEARING 5. Review of a Site Plan, Subdivision(Lot Merger) and Wetland Permit Application by Michael Piccarillo Architects on behalf of Mrs. Sharon Heller and Mr. Robert Knudsen for a multiple additions, and various renovations, at the parcel located at 22 Lincoln Avenue Rye Brook,NY, ,Parcel ID 135.65-1-31 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 Ave Rye Brook, NY, Parcel ID 135.65-1-44 CONTINUED BUSINESS 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 1D 124.48-1-1 NEW BUSINESS DISCUSSION ITEMS 8. Amendment to Planning Board Rules of Procedure ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETING October 13, 2011 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... PRESENT BOARD Mrs.Domenic Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs.Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman STAFF Mrs.Jennifer Gray,Village Counsel Mrs.Marilyn Timpone-Mohamed,Village Planning Consultant Mr. Mike Nowak, Jr.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 of Procedures can be found on the Village website and the public can also view the Planning Board meetings on streaming video. Chairman Zuckerman called for the first item on the agenda: MINUTES 1. Review of the May 12, 2011 meeting minutes There being no questions or comments Chairman Zuckerman called for a motion and on a motion made by Mrs. Schoen and seconded by Mr. Grzan,the minutes were approved by unanimous voice vote. Chairman Zuckerman called the following item out of order from agenda: DISCUSSION ITEMS 8. Amendment to Planning Board Rules of Procedure Mrs. Jennifer Gray, Village Counsel, read the resolution: September 8, 2011 APPROVED 7-0 RESOLUTION APPROVING AN AMENDMENT TO THE VILLAGE OF RYE BROOK PLANNING BOARD'S RULES OF PROCEDURE VILLAGE OF RYE BROOK PLANNING BOARD 2 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... WHEREAS, an amendment has been proposed to the Planning Board Rules of Procedure regarding a deadline for submission of revised plans to the Planning Board; and WHEREAS, the Planning Board has discussed and reviewed such proposed amendment. NOW THEREFORE BE IT RESOLVED, the Planning Board hereby amends the Rules of Procedure to add the following as the last sentence of Section 3(b) of the Rules of Procedure: Ani revisions to pending applications must be submitted at least two (2) weeks prior to the date the application will be heard, unless such time limit mai be waived by the Chair upon good cause shown. A motion was made by Mrs. Schoen and seconded by Mr. Tartaglia. Mr. Grzan asked if the amendment included information submitted by consultants, to which Mrs. Gray responded yes. The purpose of the amendment is to give Village consultants, staff and the Board time to review and comment on submissions. Mr. Tartaglia agreed that a submission on the day of or the day before a meeting doesn't give anyone opportunity to really review it; however, he thinks two weeks before is too far ahead, and suggested 7 days ahead of a meeting as opposed to 14 days. Chairman Zuckerman responded that the Planning Board does not have a meeting every two weeks. There is usually a month between meetings so there is enough time to ask for submissions two weeks ahead of a meeting. Mr. Tartaglia responded that in the future the Board may decide to schedule additional meetings and the Board Inay be creating an obstacle to doing so. Chairman Zuckerman stated his belief that the Board can make allowances for small things like submission of letters, but since agenda meetings are usually held 10 days prior to Board meetings and everything submitted is reviewed with the Village consultants and staff at the agenda meeting, it is necessary to receive submissions two weeks ahead. Additional discussion ensued. Chairman Zuckerman suggested amending the resolution to read that the Board can allow for special circumstances and called for a voice vote. Voice vote: all Ayes. AFFORDABLE HOUSING 2. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for the parcel located at 80 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-26 a. Applicant requests adjournment 3 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... The Applicant requested an adjournment because he needs more time to do the traffic study. 3. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for the parcel located at 525 Ellendale Avenue, Rye Brook, NY, Parcel ID 141.27-1-49 a. Considering a Report and Recommendation to the Village Board of Trustees Chairman Zuckerman asked Mr. Larizza if he saw the Consultant's recommendations to which Mr. Larizza responded that he had. Mr. Larizza addressed the Board and noted that he does not disagree with anyone's suggestions, but he has been building affordable housing for 17 years and he prefers that residents congregate in back yards, not front yards. He stated that he had already spoken with staff about the parking and drainage and moving the parking to the front yard. Chairman Zuckerman responded that the decision will be made by the Planning Board, not the engineers. He sought comments from the Planning Board members. As it stands, the draft report to the Trustees recommends disapproval of the project as submitted. Mrs. Timpone-Mohamed addressed the Board stating that the applicant submitted a long EAF today that she has not had a chance to review. The application includes a petition to change the zoning of the lot to the C 1 commercial zone, which would extend the C 1 district two lots into the residential area on Ellendale Avenue. The neighborhood is predominantly residential; therefore her recommendation would be that rezoning the lot should be granted only for the purpose of the development of affordable housing. Her second concern related to the fact that the neighborhood is primarily a relatively dense residential area located so that people can walk to shopping, schools and transportation. There are public sidewalks, and front yards with walkways from the front door to the public sidewalk. None of the homes have garages or parking in the front yard. The affordable housing units that are required to be built in the County are also to fit into the character of an existing neighborhood. Therefore, she recommends that the Board consider the impacts on the neighborhood if parking were allowed in the front yard. Discussion ensued. Mrs. Schoen stated that one of her concerns has to do with the rezoning petition. Without a master plan, or further study, the Board may be recommending spot zoning of the C 1 District that could allow retail into the area. She did not think it is in the interest of the Village to make an exception. She also asked if the project is ADA compliant. She was also opposed to a front-yard parking lot, and believed it would destroy the character of the neighborhood. Mr. Grzan's major concern was the zoning petition. He read the consultant's recommendations and felt the Board may be moving too quickly because of the issues involved, though he did not feel the issues are insurmountable. Chairman Zuckerman added that he has the impression the applicant is unwilling to change the current plan. The applicant responded that the current plan is their preferred plan. He also stated that it was designed by his Engineer and the Village's Engineer to accommodate everyone suggestions. He wanted it noted that he submitted what he believed the Village is looking for. Mr. Clark Neuringer, Architect for the applicant addressed the Board pointing out that these issues were raised via memo in August, at which time he made an attempt to give the underlying rational for the current site plan. He would like the Planning Board to state which site plan is preferred so they can respond. 4 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... Mr. Nowak stated that he reviewed structural and engineering matters, not site plan issues, which are the jurisdiction of the Planning Board. Chairman Zuckerman responded that it is the Planning Board that will report and make recommendations to the Board of Trustees regarding the site plan. Mr. Neuringer asked if they will we have an opportunity to respond to the comments made when the Board decides which plan they prefer, to which the Chairman responded that the Planning Board is always happy to have a dialogue with applicants. Mr. Grzan restated his belief that the site plan issues are not insurmountable, but he is very concerned about the requested zoning change. He would like to hear from the adjacent residential property owner, and that he would like to see the parking area located in the front of the building as this is more natural. He would be opposed to sending the current draft of the report and recommendations to the Board of Trustees. Chairman Zuckerman explained that the project cannot be built without many variances of the current residential zoning, or a zone change to the Cl zone that would reduce the number of variances needed.. if the affordable housing legislation under review by the Trustees is adopted, the Applicant can petition to have his property included in the affordable housing district, which would eliminate any zoning concerns. Mr. Laufer stated a desire to work with the applicant, and sensitivity to the applicant's concerns. He expressed regret that the applicant had not asked for a sketch plan review with the Planning Board, and the belief that the plan may affect the character of the neighborhood Mr. Goodman agreed with the comments of the other Board members. He also agrees that the issue of changing the property zoning to a commercial zone would be eliminated with the adoption of the affordable housing legislation by the Trustees. He would also like to know what the neighbors think about the proposed plan. It is logical to think that the parking should be in character with the neighborhood, but the neighbors may feel differently. The sentiments of the Board are that we want to work with the applicant; however, we are in the early stage of our review and cannot anticipate what public reactions are going to be. If the sentiments of the community towards the plan proposed are negative changes may have to be made. Mr. Accurso concurred with the other Board members and believes there are two issues—parking and the requested change in zoning. He understands the applicant's rationale for locating parking in the front yard,but suggests the applicant do a schematic site plan with the parking in the rear yard for the Board to look at. Mr. Tartaglia asked to add something to the record. The property next door to this site was his family's home where he lived for 25 years. There used to be a garden and two houses on that property. He believes the neighborhood always has been a transitional neighborhood. The neighborhood changed when the Village took over two house lots and built the Village highway garage. Chairman Zuckerman added that a conceptual sketch of an alternative site plan with the parking in the front yard for the Board to review is a good idea. He thinks that the zoning issue is an important one and suggested the application remain with the Planning Board because the affordable housing legislation may be adopted soon. As for the site plan issues, he believes in new urbanism and that physical environments really matter. He hopes that by working together, they can come up with a plan that will work for the neighborhood. He thanked Mr. Larizza for all the affordable housing he has built in the past. The matter was adjourned to the next meeting. 5 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... 3. Review of a Local Law for Fair and Affordable Housing • Considering a Report and Recommendation to the Village Board of Trustees As there were no further comments on the proposed local law, Mrs. Gray read the draft report and recommendation: PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED LOCAL LAW AMENDING CHAPTERS 250, 219 AND 209 OF THE VILLAGE CODE REGARDING FAIR AND AFFORDABLE HOUSING I. OVERVIEW On July 26, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a proposed local law amending Chapters 250, 219 and 209 of the Village Code to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The local law is proposed in response to Westchester County's 2009 Stipulation, Settlement and Dismissal of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Wl'estchester County; New York, which settlement requires Westchester County to implement a plan to provide 750 units of fair and affordable housing in eligible municipalities throughout the County. The Village of Rye Brook has been identified as an eligible municipality. As an eligible municipality, the Village of Rye Brook is obligated to amend its local code to encourage the development of fair and affordable housing by adopting all or a portion of the Model Ordinance created by Westchester County and approved by the Federal Monitor who is charged with overseeing Westchester County's implementation of its settlement obligations. 6 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... In order to encourage the development of fair and affordable housing, the proposed local law adopts a majority of the provisions of the Model Ordinance, but makes certain modifications where necessary to best serve the Village. In doing so, the proposed amendments to Chapter 250 create a new "floating" zoning district — the Fair and Affordable Housing District ("FAH") — to permit prospective developers of fair and affordable housing to take advantage of zoning incentives if they commit to providing at least 50% of the proposed units or lots as fair and affordable housing that meets the County's requirements. These incentives include a streamlined review procedure, agenda priority, and the ability to request from the Board of Trustees certain modifications to the applicable dimensional zoning requirements. In order to further encourage the development of affordable housing and capture the spirit of the Model Ordinance, amendments to Chapters 219 and 209 are also proposed. Amendments to Chapter 209 require that any site plan application for 11-20 units to provide at least one (1) unit of fair and affordable housing, at least two (2) units if 21-30 units are proposed, etc. Similarly, amendments to Chapter 219 require that any subdivision application for 11-20 lots must provide at least one (1) lot for fair and affordable housing, two (2) lots if 21-30 lots are proposed, etc. II. PLANNING BOARD DISCUSSION The Planning Board reviewed the proposed local law at its August 11, 2011 and September 8, 2011 meetings. Discussion began with how the local law would further the "public health, safety and welfare," as stated in Section 250-26.1(A)(7). Board members 7 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... understood that the local law would certainly promote cultural diversity and fairness but it was unclear how this translated to the furtherance of the "public health, safety and welfare." Next, clarification of the reversion provision in Section 250-26.1(E)(5) (Duration of Approval) was sought. It was explained that the purpose of that provision was to address a circumstance whereby an affordable housing project is approved, but construction does not commence for more than 2 years. According to the draft local law, if construction of an approved affordable housing project is not commenced within 2 years the zoning of the property will revert back from FAH to the original zoning district. The Board of Trustees may wish to consider extending the duration of approval from 2 to 3 years due to annual deadlines for the submittal of applications for subsidies which may delay the commencement of construction of an affordable housing project. Discussion next turned to the impact of the income eligibility requirements and what happens if and when a lessee or homeowner's income level increases beyond the eligibility threshold after entering the lease or purchasing the home. It was discussed that the lease renewal provisions were taken from the Model Ordinance. It is the Planning Board's understanding that increased income during the term of the lease will not void the lease; however, it may impact the lessee's ability to renew the lease. It is the Planning Board's further understanding that an increased income level after purchasing a home marketed as fair and affordable will not divest the homeowner of their rights to the property. 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... The Planning Board discussed the administration of the income eligibility and marketing aspects of the local law, noting that one example of a possible program administrator to be appointed by the Board of Trustees may be the Housing Action Council or another similar organization. Lastly, the Planning Board noted that the Village Code already contains a provision numbered Section 219-28 so the proposed amendment to Chapter 219 should be renumbered. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the proposed local law the Planning Board recommends its adoption by the Board of Trustees. The Planning Board further recommends renumbering proposed Section 219-28 to 219-27.1. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT adopt the proposed local law amending Chapters 250, 219 and 209 of the Village Code regarding Fair and Affordable Housing. Dated:Rye Brook, New York September 8, 2011 Discussion: Chairman Zuckerman wanted to clarify that under the proposed legislation, the dimensional requirements of the existing zoning would remain in place after a property was rezoned into the floating affordable housing zone. It would apply to almost every zone in the village, and the purpose of the zone is to foster the development of affordable housing in Rye Brook. The Village would not build the housing—private developers would. The Village is trying to make it easier and faster for developers to obtain the required land use approvals for their affordable housing proposals. Mr. Grzan stated that he had concerns about recommending adoption of the local law based on the 9 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... County's model law because the federal monitor has not approved the County's implementation plan yet. Mrs. Gray explained that the model ordinance is the only part of the implementation plan that the federal monitor did approve. Mr. Tartaglia added that he was not at the August l I"'meeting and would have liked to participate in the discussion. He believes the work done by the Village advisory committee was exemplary; however, the model ordinance was developed by elected officials and consultants and not so much by affordable housing developers. Developers need to have certainty in regard to the allowable density of a project and a speedy land use review process. The number of units affects their profit margin. With regard to the two year limit on approvals—affordable housing projects have certain windows in which to obtain low income housing tax credits. To apply complete local approval is required, so the developer loses a year's time. Therefore, Mr. Tartaglia would like to see the time limit on approvals changed from 2 years to 3 years. Chairman Zuckerman suggested the Board amend the report to say the Board of Trustees may wish to consider an extension of the duration of an approval from two years to three years. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the Report and Recommendation was adopted: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution submitting the report and recommendation to the Board of Trustees: September 8, 2011 APPROVED 7-0 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED LOCAL LAW AMENDING CHAPTERS 250, 219 AND 209 REGARDING AFFORDABLE HOUSING 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 Local Law amending Chapters 250,219 and 209 regarding affordable housing and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the roll was called and the resolution was approved: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES PUBLIC HEARING 4. Review of a Site Plan, Subdivision(Lot Merger) and Wetland Permit Application by Michael Piccarillo Architects on behalf of Mrs. Sharon Heller and Mr. Robert Knudsen for a multiple additions and various renovations at the parcel located at 22 Lincoln Avenue Rye Brook, NY, Parcel ID 135.65-1-31 Mr. James Ryan of John Myer Consulting addressed the Board stating that since the last meeting they made a submission answering some of the issues brought up by consultants and staff. He believes they have successfully addressed all the issues/concerns. He gave a brief overview of the project. Rain garden is designed for the situation and the limited area available. Essentially it is a 6 inch depression with special soil and and gravel layers, which allow it to drain. The stormwater facility design meets the requirements of the Village Code. A number of technical issues are now addressed. He asked the Board for consideration regarding the tree that must be removed. While the Village Code requires replacement of the tree, given the nature of the property and the amount of trees already there, the applicant does not believe a replacement tree is necessary. Mr. Ryan asked that the survey submitted be accepted as a substitute for the required topographic survey because no grading is proposed. Chairman Zuckerman advised him that if there are items that they wish the Board to waive, a written request should be submitted to Mr. Nowak and the Board will act on his recommendations. Mr. Nowak advised the Board that Mr. Picarillo did submit a written request for a waiver. He has no objections to the survey submitted based on the nature of the project, the existing vegetation and the limited disturbance proposed. Regarding the replacement tree, there is no provision in Chapter 235 of the Village Code for waiver of a required replacement tree.. The Applicant agreed to plant the one required replacement tree. Mr. Ryan advised the Board that The Westchester Land Trust must review the revised plan one more time. Mrs. Gray added that since the lots are going to be merged, with regard to the middle lot, she requested that access easements be put in place, if they are not already in place. Mrs. Mohamed agreed with Mr. Ryan's summary of the project. She suggested that the Board consider granting both preliminary and final approval simultaneously. Mr. Nowak stated that he spoke to Mr. Ryan in regard to storm water management. The plan proposed complies with the Village Code and provides capacity for a 25 year storm. There are no issues at the moment, except that the home owners should be provided with instructions and guidance regarding how to maintain the rain garden, and the maintenance plan should be added to application. Mr. Ryan stated that it is already noted on the plan. 11 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... Mr. Accurso wanted clarification regarding the 25 year storm capacity and asked about the roof drainage into the rain garden. Mr. Ryan explained that the rain garden exceeds the requirements of the Code. Mr. Tartaglia asked about the lot merger. The applicant explained that there are 3 separate lots that are proposed to be merged with the driveway lot. Mr. Tartaglia asked about the conservation easement, to which the applicant responded that they went to The Westchester Land Trust and received approval for the building renovations. The approval letter was submitted in May. Mr. Tartaglia asked about the driveway and the applicant responded that they are responsible for the maintenance of the driveway. Mr. Grzan stated he would like to close the public hearing and move the application forward. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll and the Public Hearing was closed: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES A Resolution will be prepared for next meeting. 5. 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 Ave Rye Brook, NY, Parcel ID 135.65-1-44 The application was adjourned to the next meeting. CONTINUED BUSINESS 6. 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 Chairman Zuckerman stated that the Applicant should submit a subdivision application for a lot merger due to the conflict between the lot lines depicted on the current plans and the lot lines depicted on a 1955 survey in the Village Building Department files. It appears that after 1954,when the Town of Rye Code was amended to require subdivisions to be approved by the Town, the lot lines were modified by deed and without the benefit of formal subdivision approval by the Town. It is in everyone's best interest for the Applicant to merge the two lots that are now under common ownership, particularly due to several existing zoning compliance issues. Michael Boender, Architect for the Applicant, addressed the Board and agreed with Chairman Zuckerman. He stated that a subdivision application was filed with the Village earlier this afternoon. Mr.Nowak confirmed that an application was submitted at 3pm this afternoon. 12 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday September 8,2011 - 8:00 p.m. (Revised 8-9-11) ............................................................................... Regarding the Site Plan application, Mr. Boender stated that most of the issues in Mrs. Mohamed's memo have been addressed or will be addressed. The parking spaces were approved when the facility was built in 1962. The total square footage of impervious surface coverage would be reduced because two buildings would be demolished. Merging the lots would relieve the set back requirements. Mrs. Mohamed stated that one of the items requested is that the areas on the west lot used for parking need to be shown on the site plan, even if used only seasonally or for overflow parking. An operational plan was provided. The sufficiency of the parking spaces from a zoning compliance perspective will be decided by Inspector Izzo. Mr. Rotfeld had comments on the storm water management system that combined with concerns regarding the steep slopes led him to advise the applicant that the storm water management plan may need to be reconsidered. Mr. Rotfeld submitted an extensive report on the storm water management plan that the applicant stated they read and understand but have not had a chance to address. The Chairman suggested the applicant get the storm water plan in order and reviewed by Mr. Rotfeld before the next meeting, so it would be possible to move the application forward. Mrs. Schoen asked about construction vehicles and the time of day for peak corporate and school traffic on area roads. The applicant would access the site from Lincoln Avenue during construction, which would eliminate cross traffic. Chairman Zuckerman noted that the Board of Trustees is the approval authority for the application, and that the Planning Board will refer a report and recommendations to the Trustees. if the engineering issues can be addressed, a report can be issued at the next meeting. There being no further business, on a motion made by Mrs. Schoen and seconded by Mr. Grzan,the meeting was adjourned by unanimous voice vote at 10:34 pm. 13