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HomeMy WebLinkAbout2011-10-13 - Planning Board Meeting Minutes APPR OVED:FEB.9,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday October 13, 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 ID 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 ID 141.27-1-49. PUBLIC HEARING 3. 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. CONTINUED BUSINESS 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 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. • Considering a Resolution. 5. Review of an application by Cerebral Palsy of Westchester for Site Plan and Subdivision approvals, and approvals of Wetlands and Steep Slopes permits for the property located at 1186 King Street, Rye Brook, NY, Parcel ID 124.48-1-1. • Considering a report and recommendation. NEW BUSINESS 6. Sketch Plan application by Mr. and Mrs. Klein for multiple additions to the property located at 68 Valley Terrace, Rye Brook, NY 10573, Parcel ID 135.51-1-71. 1 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... 7. Review of an application by City of Rye for Site Plan approval, and approval of Wetlands and Steep Slopes permits for the installation of a Sluice Gate located at 250 Bowman Avenue, Rye Brook, NY, Parcel, ID 124.48-1-1. • Considering a report and recommendation. 8. Review of a site plan application by New Cingular Wireless on behalf of Reckson Associates Inc. for a Wireless Special Use Permit allowing for the installation of additional wireless antennas at the property located at 4 International Drive, Rye Brook, NY, Parcel ID 124.81-1-1. ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr. Bill Laufer Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. John Grzan 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 and Procedures can be found on the Village web, which also allows the public the opportunity to view Planning Board meetings on streaming video. Chairman Zuckerman 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 at the Page 2 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... parcel located at 80 Bowman Avenue, Rye Brook,NY, Parcel ID 141.27-1-26. Mr. Madonna addressed the Board and advised that, as the Board had earlier requested, the off-street parking count was performed, but that the sub-soil evaluation was not yet completed. He indicated that he was waiting for notification from the Building Department concerning the results of contamination tests of soil located on and around the gas station proximate to the subject property. The Chairman adjourned the application to November 10, 2011. 2. 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. Chairman Zuckerman advised that at the last meeting it had been requested that the parking lot servicing the proposed residence be changed from being located at the back of the lot to the front. Clark Neuringer addressed the Board in Mr. Larizza's absence stating that the only reason he was present was because the Board had asked Mr. Larizza to submit a sketch site plan containing the changes that had been recommended by the planning consultant. This having been done he urged the Board to review both the plan as original proposed (Option A) and the proposed revised plan(Option B) so that a final configuration of the lot layout could be determined. With respect to Option B, it was agreed that the driveway could only be 12 feet wide and that, were this the case, a garbage collection truck, for example, would have to back up the driveway about 190 feet, which could prove to be problematic. Handicapped access was also raised as an issue insofar as a rear, parking lot area could increase the distance (to 118 feet) a handicapped person would have to travel to gain access to the residence. With the building located toward the front of the site in the context of an Option B scenario there would also be no buffer between the proposed residence and properties across the street. Furthermore, by comparison, Option A contemplated a site with 55% impervious surface while Option B contemplated a site with 76% impervious surface. Although both site plans were feasible for Mr. Larizza to build, he recommended Option A as the better plan. Mrs. Schoen asked about how each Option compared in terms of the ease with which fire trucks would be able to access the property. It was noted that trucks would have no problem with accessing the property under Plan A. Option B was not reviewed for emergency access. Mrs. Mohamed addressed the Board and confined her comments to an evaluation of Option B. She also noted that the affordable housing units should comply with both County and proposed Rye Brook regulations governing floor area. Mr. Neuringer commented that under Option B the building was moved closer to the front of the lot, which would make it consistent with buildings along the rest of the street. Option B allowed for a small front yard with a connection to the side walk. Mrs. Mohamed noted that the buildings across the street from the proposed development have paved front yards. She noted that although the buildings located across the street from the proposed residence are DPW buildings, the the rest of the block, which was not shown in the photo presented for discussion, in fact, do have landscaped front yards. She reminded the Board that both the neighborhood surroundings and the requirements of the people that would be living in the new residential building should be considered Page 3 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... when making recommendation to the Trustees. Chairman Zuckerman advised the Board that this was a critical issue and asked Board members to express their opinions regarding which option is more appropriate. Mr. Goodman, with respect to Option A, asked the applicant about screening, to which Mr. Neuringer advised that the strip between the two properties would be heavily landscaped. Mrs. Timpone-Mohamed questioned Mr. Neuringer regarding landscape screening for the parking area in the front yard as the small strip of land between the proposed wall and the sidewalk is about a foot wide, which is too small for effective screen plantings. Mr. Neuringer advised there would be landscape screening for the parking area along the front property line. Mr. Goodman asked about the long walkway from the parking lot in the back to the front depicted in the plan describing Option B and about access from the back of the residential unit. Mr. Neuringer responded that a way to address the problem of a long wall-,way was to make the entrance face the parking but that having the building turn its back to the street was not advisable. Mr. Goodman indicated that he favored Option A, but expressed concern about residents not having rear building access. Mr. Laufer expressed concern regarding the appearance of the building in relation to the remainder of the neighborhood. Although he indicated that he was open to either plan, he was leaning toward the originally proposed Option A because of all the issues raised with respect to Option B. Mr. Tartaglia pointed out that in proximity to the proposed project there exists a lot with two houses on it and contiguous streets are host to DPW highway trucks and garbage trucks. In light of this, he is critical of Plan B's emphasis on neighborhood consistency, opining that he did not see Option A as adversely changing the character of the neighborhood. Mrs. Schoen indicated that she had been leaning toward Plan B at the last meeting but was reconsidering her position in light of the discussion, pointing out that Option A not only provided more open space but provided emergency vehicles easy access to the property, which are important considerations. Mr. Accurso pointed out that Plan B did create more open space for residents in the rear yard but expressed concern about the lengthy walkway and how it could adversely impact handicapped residents. He noted that insofar as the building could not have a rear access, that this created a problem for residents under either option. Mr. Neuringer suggested one potential solution that would possibly allow for the creation of a rear access-way would be to reduce the number of units. Mr. Accurso posed that 4 units on the site may not be feasible, adding, that he believes the proposed units are undersized. Over all, Mr. Accurso expressed that he did not favor one plan over the other. Chairman Zuckerman acknowledged that neither plan is perfect. He explained that he is very much in favor of buildings being built in keeping with the existing streetscape, but in light of the particular circumstances of this lot he is not sure that Option B is the way to go. He noted that it seemed to him Page 4of17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... that the sense of the Board is that the project should develop along the lines proposed under Option A and that the goal should be to improve the plan under Option A as much as possible. He acknowledged that it was not fair to the applicant to delay consideration of the project and that it is in everyone's interest to give the applicant clear direction with regard to the site layout. He noted that Marilyn was owed a great deal of thanks for bringing her issues of concern to the attention of the Board and that in a perfect world the parking area would be located at the back of the property and the units would be larger in size, but as this is not the case and the options had to be considered in terms of their practicality. He noted that the Board is a recommending body only. The final decision would be made by the Board of Trustees. and the Planning Board's recommendations would reference all the concerns and statements of board members and staff. Mr. Goodman noted that one of the advantages of Option B was that it would likely garner less community opposition than Option A and recommended that the applicant should consider this in moving the implementation of Option A forward. Chairman Zuckerman made note that one outstanding issue was that the size of the units as depicted in the plans advanced by the applicant did not meet the dimensional requirements of the County recommendations or the proposed FAH district regulations of the Village. He pointed out that although there are different ways to calculate floor area, Mr. Izzo's method of measurement is what counts, and that the Planning Board would not take issue with Mr. Izzo's determinations in this regard. Mr. Neuringer stated that Mr. Larizza could propose that the building be 4 feet longer; however, the increase would require another variance. He also pointed out that if the proposed Fair and Affordable Housing amendments to the Village Code are enacted by the Board of Trustees no such variance would be required, which could also facilitate developing a building rear access. He stressed again that he and his team were willing to work with the Village to address effectively all such issues. Chairman Zuckerman also pointed out that going from 4 to 3 units could yield one larger unit and two smaller ones, which would also reduce the impervious surface coverage of the project. It would also ease its ability to comply with parking requirements. Mr. Neuringer responded that Mr. Larizza would take that into consideration. Mr. Accurso added that he could not make a decision on A or B because the site plan, which currently proposes 4 units may have to be changed to 3 units that could make option B more attactive. Chairman Zuckerman advised Mr. Neuringer in regard to Option A to focus on storm water management. Mr. Neuringer responded that the storm water management plan had been submitted to the Acting Village Engineer. The matter was then adjourned to November 10, 2011. Chairman Zuckerman spoke of the proposed FAH district local law—reminding the Board and the public that there would be a public program on fair and affordable housing sponsored by Pace Law Page 5 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... School on Friday, October 21from 9am to Ipm, and that continuing legal education credits could be earned by attending. He noted that among the speakers at the event would be County Executive Rob Astorino as well as Ken Jenkins, John Nolon and Norma Drummond. He advised that anyone interested should call Pace for further information and to register. PUBLIC HEARING 3. 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 Chairman Zuckerman advised that because this application is within the Lincoln Avenue Scenic Roads Overlay District, it needs Planning Board approval. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, a voice vote was taken and the Public Hearing was opened by unanimous yes vote. Mr. Tim Wetmore, on behalf of John Scarlato, the project architect, gave a brief overview of the project and advised the Board that the applicant received the required 4 variances from the Zoning Board of Appeals. The applicant submitted three options in regard to the front buffer: one option proposed removal of 6 pine trees from the front yard regulated SROD buffer and replacement of vegetation in the buffer with new trees and shrubs that would meet the Village tree replacement requirements; a second option was to leave the existing pines in place and plant shrubs along the front of the house; and the third option would remove only some of the existing trees. Mr. Wetmore expressed the owner's preference to remove six of the existing pines. Mrs. Mohamed addressed the Board, advising it that the Architect had requested that the topographic survey be waived. She indicated that she was in agreement with the applicant that there would be no disturbance in the steep slopes area. She added, however, that there were other trees on the site that needed to be protected during construction. She noted that the tree survey was on the plan, but the plan did not indicate who performed the tree survey and failed to confirm that a professional Arborist had been retained in connection with the survey, which is required by Village regulations. Because of the location of the home in relation to the front property line, the portico would encroach into the required vegetative buffer as does the existing home. There are fully mature pines in the front yard buffer that over the years have lost their lower limbs making them a less effective visual screen, so these trees have become too big for the space they are in. Because the landscape plan submitted in connection with the option to remove the pines does not show the sizes or number of proposed plantings or their species, it is difficult to ascertain whether the proposed landscaping plan advocating the removal of the pines was sufficient. Chairman Zuckerman asked if there was a storm water management issue. Mr. Nowak responded that there would be very minimal land disturbance and that there would be no net increase in impervious surface coverage so that no storm water management issues were implicated. Mrs. Schoen indicated that she was not a fan of white pines and would not oppose removal of some or all of them. Page 6 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... Mr. Accurso noted that while storm water management was not required, the applicant had included 10 cultec units and should be commended for that. The Chairman proposed that the Public Hearing be closed and that the remaining issues should be resolved before the next meeting. Mrs. Jennifer Gray, Village Counsel, added that in regard to the trees in question the Planning Board would have jurisdiction over their removal. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the Public Hearing was closed and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES CONTINUED BUSINESS 4. Review of a Site Plan and Subdivision Application (Lot Merger) and a Wetland Permit Application 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, NYParcel ID 135.65-1-31 • Considering a Resolution The Chairman stated that at the last meeting the Public Hearing was closed but some issues arose after that which need to be addressed. Mr. Jim Ryan addressed the Board and expressed his hope that the Board would consider a resolution tonight. He advised that because of the storm, one of the existing trees had fallen, so only one tree remained to be removed and, as to that tree, an Arborist determined that it was heavily diseased. The arborist sent Mrs. Mohamed a proposal of the types and sizes of trees for replacement. Mrs. Mohamed responded that there was a separate plan that showed the two new trees being proposed and a partial site plan that was received this afternoon which proposed hemlocks. Mr. Nowak said the Village Code requires hardwoods, i.e., deciduous shade trees, not evergreen trees, adding that replanting is based upon the size of a tree removed. Chairman Zuckerman asked if the plan before the Board was code compliant. Mr. Nowak responded that the plan did not comply because the Code requires that if one removes a hardwood tree—one must replace it with a hardwood tree. The proposed hemlocks are not hardwood trees. Mr. Laufer asked Mr. Nowak about the storm water management plan to which he responded that his office had supplied the applicant comments and posed additional questions. Mr. Nowak believed, however, that the issues raised could be worked out. Chairman Zuckerman noted that the resolution would be conditioned on Mr. Nowak's approving the storm water management plan. Mr. Nowak explained that the site is subject to a conservation easement Page 7 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... held by the Westchester County Land Trust, and that it contains a septic field in a wetland buffer, a unique situation. Mrs. Jennifer Gray read the resolution October 13, 2011 APPROVED RESOLUTION GRANTING PRELIMINARYAND FINAL APPROVAL FOR SUBDIVISION, SITE PLANAPPROVAL AND WETLAND PERMIT APPROVAL TO CONSTRUCT MULTIPLE ADDITIONS TO AN EXISTING HOME LOCATED AT 22 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Michael Piccirillo, Architect, has made an application on behalf of property owners Sharon Heller and Robert Knudsen, to the Village of Rye Brook for approval of a subdivision, site plan and wetland permit to construct multiple additions to an existing home in the R-12 Zoning District on property located at 22 Lincoln Avenue, Section 135.65, Block 1, Lots 31, 32, 52 and 53 on the Tax Assessor's Map; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Subdivision Application 2. Site Plan Application and Checklist 3. Short Environmental Assessment Form 4. Merger and Reapportionment Map, dated April 21, 2011,prepared by Ward Carpenter Engineers, Inc., White Plains, N.Y. 5. Letter and supporting materials from the Westchester Land Trust to Sharon Heller and Robert Knudson dated April 26, 2011 6. Letter to the Building Department from Michael A. Piccirillo, AIA dated May 23, 2011 7. Architect's Plans, prepared by Michael A. Piccirillo, AIA, Shrub Oak, N.Y.: Sheet Number Sheet Title Dated T-1 General Notes 5/23/11 SP-1 Site Plan/Zoning Data 5/23/11 SP-2 Site Plan 5/23/11 SP-3 Site Plan Notes 5/23/11 SP-4 Details 5/23/11 Page 8 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... 8. Landscape Architect's Plans, prepared by John Meyer Consulting, P.C., Armonk, N.Y.: Sheet Number Sheet Title Dated SP-1 Site Plan 8/3/11 rev. 10/5/11 SP-2 Site Plan Construction Details 8/3/11 rev. 10/5/11 Figure 2 Heller Residence Replacement Tree Plan 10/13/11 WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information, submitted comments and made recommendations to the Applicant regarding the subdivision and site plan; and WHEREAS, the Planning Board of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be an unlisted action and proceeded as Lead Agency with an uncoordinated environmental review pursuant to SEQRA; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information, submitted comments regarding the site plan, subdivision and wetland permit and made recommendations regarding landscaping, wetland buffer, tree removals, stormwater and the configuration of lots, and the plans were revised according to the comments; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project; and WHEREAS, on August 11, 2011, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on September 8, 2011; and WHEREAS, the Westchester County Land Trust which holds a conservation easement over property known and designated on the tax map of the Village of Rye Brook as Section 135.65, Block 1, Lots 31 and 32, has reviewed the proposed plans and has confirmed that they are consistent with the restrictions described in the Correction Conservation Easement Agreement, dated October 6, 2006; and WHEREAS, the Planning Board has considered the wetland permit standards set forth at Village Code §245-8(A) and recognizes the Applicant has proposed additional plantings and the removal of invasive species within the wetland buffer; a rain garden outside the limits of the buffer that will be part of the storm water management facilities; and the use of water-saving fixtures within the home to reduce the amount of waste water flowing into the existing septic system within the wetland buffer; and Page 9 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... WHEREAS, a Storm water Management and Erosion and Sediment Control Plan is under review by the Acting Village Engineer who has the jurisdiction to approve same. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts the attached Negative Declaration, ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, as follows: 1. The Village of Rye Brook Planning Board hereby finds that the Final Plat will not be substantively changed from the Preliminary Plat and determines that a public hearing on the Final Plat is not required. 2. Pursuant to Section 250-6(A)(3)(c) of the Village Code, the Planning Board hereby reduces the required frontage for the subject property from 65 feet to 50 feet where 0 feet of frontage currently exists, because it is in the public interest of the Village to reduce existing nonconformities and to permit residents to improve upon existing homes, and without the merger of the subject lots the Applicants would be precluded, pursuant to Section 250-6(A)(2)(a) of the Village Code, from pulling a building permit. 3. The Applicant shall remove the existing street sign identifying the driveway as "Kendolin Lane" and shall instead display the designated street number of the properties thereon pursuant to Chapter 160 of the Village Code; and BE IT FURTHER RESOLVED, that the Planning Board hereby grants both Preliminary and Final Subdivision Plat Approval for the subdivision (merger) of property known and designated on the tax map of the Village of Rye Brook as Section 135.65, Block 1, Lots 31, 32, 52 and 53, shown on the Merger and Reapportionment Map, dated April 21, 2011, and the Planning Board Chairman is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Planning Board Chairman: a. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219-32 of the Village of Rye Brook Subdivision Regulations, which shall include the Town of Rye tax lot designations for the subject lots. Upon obtaining a satisfactory review by the Acting Village Engineer, the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Planning Board Chairman. b. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due for both lots have been paid; and Page 10 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... BE IT FURTHER RESOLVED, that for the reasons stated herein, the Village of Rye Brook Planning Board hereby approves the site plans listed herein and approves a Wetland Permit, to construct multiple additions to the existing home, and to perform such regulated activities within a wetland buffer, at 22 Lincoln Avenue, upon the following conditions: 4. All plantings required in the plan titled Site Plan, Sheet SP-1 prepared by John Meyer Consulting, P.C., dated 8/3/2011, last revised 10/5/2011, shall be maintained by the property owner and replaced as necessary or as determined by the Acting Village Engineer. 5. 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 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. 6. The Applicant shall obtain approval for Storm water Management Plan pursuant to Chapter 217 of the Village Code. 7. Due to the removal of one (1) 29" Norway maple tree regulated pursuant to Chapter 235 of the Village Code, the Applicant shall revise the Site Plan and Landscape Plan to include replacement trees in a quantity, size and species to be approved by the Acting Village Engineer. 8. 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. Page 11 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... 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. f. The permit, including all conditions, shall be binding on all successors and assignees of the permit holder; and BE IT FURTHER RESOLVED, that no building permit shall be issued until the Merger and Reapportionment Map, dated April 21, 2011, prepared by Ward Carpenter Engineers, Inc., approved by the Planning Board on October 13, 2011, is duly filed with the Office of the Westchester County Clerk, Land Records Division; and BE IT FURTHER RESOLVED, that the Final Plat shall not be signed by the Planning Board Chairman and no permits shall be issued by the Building Department until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the resolution was adopted and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES 5. Review of Subdivision and Site Plan Applications submitted by Cerebral Palsy of Westchester, and Wetlands and Steep Slopes permits for the property located at 1186 King Street, Rye Brook, NY, Parcel ID 124.48-1-1 • Considering a report and recommendation Chairman Zuckerman advised that most issues raised at the last meeting were resolved, based on a conversation he had with Dolph Rotfeld's office. Mr. Nowak received a memo late this afternoon from Mr. Rotfeld's office regarding remaining technical issues and raising one legal issue that needed to be addressed. Amanda DeCesare and Michael Boender for Cerebral Palsy addressed the Board by giving a brief overview. Chairman Zuckerman advised that Mr. Rotfeld's latest issues needed to be addressed as well as issues Page 12 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... raised in a memo from the Building Inspector, which was received very late this evening. Mrs. Gray in consultation with the Building Inspector pointed out that a variance was required because the Connecticut state line bisects the property. Chairman Zuckerman added that another outstanding item was the lot merger. The applicant had submitted an application and a letter of intent to have the two lots in question merged, but failed to advance evidence that both lots were, in fact, owned by the same entity. Chairman Zuckerman pointed out that either CPW has to acquire the Project Hope lot or vice versa, or a new entity should be created that would acquire both lots. It was discussed that until the applicant resolved the issue of lot ownership, the Board could not move forward with a resolution approving the merger of the two lots. Chairman Zuckerman stated that the Board would hold the matter over one more time to afford the applicant the opportunity to address all the remaining issues raised by the Village consultants and the Building Inspector and in the hope that a report and recommendation could be issued at that time. NEW BUSINESS 6. Sketch Plan application by Mr. and Mrs. Klein for multiple additions to the property located at 68 Valley Terrace Rye Brook, NY 10573, Parcel ID 135.51-1-71 Mr. Wetmore, standing in for Mr. Scarlato, gave a brief overview of the project that requires two variances— one concerning impervious lot coverage and the other concerning FAR. Chairman Zuckerman expressed concern about the extent of impervious surface coverage contemplated by the plan and asked if it was feasible for the building structure to be taller and whether that would require a variance. Mr. Wetmore responded that to build up would cause the structure to fall out of context with the neighborhood. The Chairman responded that the extent of impervious surface coverage presented a problem and that the applicant should make an effort to have it reduced. Chairman Zuckerman noted that the Board would likely have a hard time accepting a plan that contemplated so much impervious surface coverage. Mr. Tartaglia asked how the contemplated expansion of the residence would make the house look in context with the surrounding neighborhood. Mr. Accurso agreed that the plan seemed a little too grand in the neighborhood context. Mr. Laufer asked about the size of the lot, which is 15,000 square feet. Chairman Zuckerman confirmed that the site in question is a large lot that would theoretically allow a larger residence. Mr. Tartaglia explained that he did not have a problem with the proposed plan but was concerned that the resulting structure would not conform to the general appearance of the Page 13 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... neighborhood. Mrs. Mohamed added that one of the reasons why the extent of impervious surface coverage was so large was because the rear yard of the lot contains a basketball court. If the applicant wants to expand the impervious surface coverage correspondent with larger dwelling, impervious surface coverage elsewhere on the lot should be reduced. Mrs. Schoen explained that because the lot in issue is a larger lot, the size of the proposed dwelling is not an issue of concern for her. 7. Review of an application by City of Rye for Site Plan approval, and Wetlands and Steep Slopes permits to install a Sluice Gate on the property located at 250 Bowman Avenue, Rye Brook, NY, Parcel ID 124.48-1-1 • Considering a report and recommendation Mr. Christian Miller addressed the Board explaining that the application proposed a minimally invasive plan to mitigate flooding by means of the installation of new automatic movable sluice gate in the dam that would be positioned based on measurement of the flow of water coming down stream during a storm. Mr. Miller explained that the project was part of an inter-municipal dialogue between the City of Rye, the Village of Rye Brook and the County of Westchester. Mr. Miller noted that he was working with the Acting Village Engineer, received a memo from F.P. Clark and was prepared to answer questions concerning the project. Mrs. Schoen asked if the project impacted the Town/Village of Harrison, to which Mr. Miller responded that because most of the improvements were expected to be made on the Rye Brook side of the dam, access to the sluice gate would be provided from the Bowman Avenue location, which is entirely within the confines of Rye Brook. Chairman Zuckerman added that this was a unique situation as one municipality owns land within another, and asked Mrs. Gray to comment on any legal issues. Mrs. Gray concurred that this was not a typical application. She noted that the Board of Trustees referred this application to the Planning Board and noted, furthermore, that the application will require the Board of Trustees to schedule a public hearing. She added that all fees have been waived and the Board of Trustees has exercised jurisdiction over the wetlands and steep slopes permits required. She also explained that there are some zoning regulations that may not be applicable for this application and could be waived by the Board of Trustees due to the fact that the applicant is a municipality. Chairman Zuckerman asked what the cost of the project was, to which Mr. Miller responded that the proposed project would cost 1.8 million dollars, which included design, construction and inspection costs. Page 14 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... Mrs. Gray added that, according to the Intermunicipal Agreement between the City of Rye and the Village of Rye Brook, the estimated cost of the project was $2.2 million overall with the County providing 50 % , Rye Brook committed to paying up to $136,710, and a capital assistance grant in the amount of$400,000. Chairman Zuckerman asked Mr. Miller to explain the benefits of the project to Rye Brook. Mr. Miller explained that the design engineer was not present to answer; however, he understands there will be modest flood reduction for properties in Rye Brook downstream of the dam. Chairman Zuckerman asked why this particular plan was chosen, noting that while this was not strictly a Planning Board consideration, it was a natural question that Rye Brook residents might want to ask. Mr. Miller responded that in the past a number of potential projects of varying expense, extent and approvability with the goal of mitigating flooding from the Blind Brook were developed and studied. The project before the Board was selected from those reviewed because the cost was relatively low for the benefits to be gained by its implementation. Rye Brook and communities impacted by the Blind Brook would see a measureable reduction in flooding caused by a 100-year storm, and because flood levels can be tracked in real time allowing monitors of the system to predict flood levels more quickly, communities would be provided with earlier warnings of impeding flooding. Mr. Nowak added that as part of the installation of the new sluice gate, the Village of Rye Brook would have access to the same information as the City of Rye, and when experiencing a storm event would obtain the benefit of having access to dam monitoring information, which could be critical for the Village to be able to advise residents in advance of flooding risks posed by a storm event. Mr. Goodman asked Mr. Miller how the sluice gate worked. Mr. Miller explained that the spillway spans across the Blind Brook and currently the opening in the bottom of the spillway is a fixed opening fitted with timbers that must be removed and replaced manually. The new sluice gate would open and close automatically to the extent required to regulate the level and flow of water during a storm. Chairman Zuckerman asked if this project would prevent flooding in the Indian Village neighborhood in Rye during a 100-year storm, to which Mr. Miller responded that the sluice gate would not prevent flooding, but should reduce flood elevation levels by a foot, which is significant. In a smaller storm event—the flood reductions could be 4 times that. Mr. Tartaglia asked if anything could be done to mitigate the industrial look of the dam, Page 15 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... related equipment and the site generally and improve maintenance of the property, as it is located on one of the gateway roads into Rye Brook. Mr. Miller responded that the issues would be considered and that efforts would be made to mitigate disturbed areas by means of plantings and re-seeding. Mr. Tartaglia asked about tidal influences on the Blind Brook and queried how such influences could impact the effectiveness of the sluice gate, to which Mr. Miller responded that tidal influences do play a part in a strong storm event in areas of Rye located close to Long Island Sound, but the extent of influence is hard to determine and could depend on many factors. He noted, however, that, in general, the more downstream a community is located the less of a benefit it will receive from the new sluice gate. Areas in the City of Rye, located at the bottom of the watershed eventually receive all of the downstream storm water flow during a storm, which is a challenge the project would likely only minimally affect. The review was adjourned to November 10, 2011. 8. Review of a site plan application by New Cingular Wireless on behalf of Reckson Associates Inc. for a Wireless special use permit to install additional wireless antennas at the property located at 4 International Drive, Rye Brook, NY, Parcel ID 124.81-1-1 Anthony Morando of Cuddy&Fedder for New Cingular Wireless addressed the Board and gave a brief overview of the proposed project. The purpose of the project is to add three new antennas and correspondent equipment on top of the building located at 4 International Drive in the Reckson Industrial Park with the objective of enhancing wireless service to customers. The project contemplates supplementing antennas and equipment already installed on the site. The additional items would be installed in an area of the site concealed from view from the King Street Scenic Road Overlay District so that the additional antennas and equipment would not pose any visual impacts to the SROD. As to whether the additional equipment poses radiation risks or stress on the building structure, the Board referred these questions to the engineering consultant HDR for review. Chairman Zuckerman added that the Board received the memo from HDR very late in the afternoon and Mr. Nowak and Mrs. Mohamed need time to review it. The Chairman noted that a Report and Recommendation to the Trustees was not prepared for the meeting. The Chairman queried why this matter came before the Board of Trustees and the Planning Board when it is basically an upgrade of antennas that are already installed. Mrs. Gray responded that amendments to the site plan and special use permit are required because additional antennas, not just upgrades of existing antennas, would be installed. Chairman Zuckerman advised the applicant that Mrs. Gray would prepare a draft report and recommendation for the next meeting. Chairman Zuckerman called for a motion to adjourn the meeting and on a motion made by Mrs. Schoen Page 16 of 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, October 13,2011 - 8:00 p.m. ............................................................................... and seconded by Mr. Laufer, the meeting was adjourned by unanimous voice vote at 10:45pm. Page 17 of 17