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HomeMy WebLinkAbout2011-11-10 - Planning Board Meeting Minutes Approved:May 10,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday November 10, 2011 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the July 14,2011 meeting 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 ID 141.27-1-26 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 the parcel located at 29 Lincoln Avenue, Rye Brook,NY,Parcel ID 135.65-1-44 • Considering a Resolution CONTINUED BUSINESS 4. Review of a Site Plan Application by Cerebral Palsy of Westchester for Site Plan and Subdivision approval, 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 5. Review of a Site Plan Application by the City of Rye for Site Plan approval, and Wetlands and Steep Slopes Permits to enable the installation of 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 6. Review of a Site Plan application by New Cingular Wireless,on behalf of Reckson Associates Inc., and a Wireless special use permit for installation of additional wireless antennas on the property located at 4 International Drive,Rye Brook,NY,Parcel ID 124.81-1-1 • Considering a report and recommendation NEW BUSINESS 7. Review of a Site Plan Application by United Water Westchester Inc. for the installation of poles and remote reading devices at various locations in the Village. • Considering a report and recommendation VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... 8. Review of a Site Plan application by Mr.Wilner,on behalf of the King Street Nursing Home,for the legalization of an addition to the building on the property located at 787 King Street,Rye Brook, NY,Parcel ID 130.77-1-30 • Considering a report and recommendation 9. Review of a Site Plan application by Mr.Kumaran for legalization of a second-story addition to the existing building on the property located at 243 North Ridge Street,Rye Brook,New York,Parcel ID 135.35-1-15 • Considering a resolution scheduling a Public Hearing ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETING December 8,2011 PRESENT BOARD Mrs.Domenic Accurso Mr.Robert Goodman Mr.John Grzan Mr.Bill Laufer Mrs.Amy Schoen Mr.Dan Tartaglia Chairman Gary Zuckennan STAFF Mrs.Jennifer Gray,Village Counsel Mrs.Marilyn Timpone-Mohamed,Village Planning Consultant Mr.Mike Nowak,Jr.Acting 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 Rule of Procedure can be found on the Village website and that the Planning Board meetings may be viewed on streaming video. MINUTES 1. Review of the July 14, 2011 meeting minutes Adjourned to December 8, 2011 Page 2 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... 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 Applicant requested an adjournment to 12/8/11 and the request was granted. 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 representative from Mr. Larizza's organization was not present. Mrs. Jennifer Gray, Village Counsel, read the resolution regarding waiver of the Public Notification signage requirement: November 10, 2011 APPROVED RESOLUTION WAIVING THE PUBLIC NOTIFICATION REQUIREMENT OF POSTING A SIGN ON THE SUBJECT PROPERTY PRIOR TO A PLANNING BOARD MEETING THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Section 240-40(A) requires that at least seven (7) days prior to a Planning Board meeting, a public notification sign shall be posted on the property which is the subject of an application to be heard at such meeting; and WHEREAS, Section 250-40(G) permits the Planning Board to waive the notification requirements set forth in Section 250-40 unless required elsewhere by county or state law; and Page 3 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... WHEREAS, neither county nor state law requires an applicant to post a public notification sign on property subject to a pending application prior to a meeting of the Planning Board at which such application will be heard; and WHEREAS, the proposed site plan application for 525 Ellendale Avenue is on the November 10, 2011 agenda of the Planning Board, but the Applicant has not complied with Section 250-40(A) because a public notification sign had not been posted at the subject property at least seven (7) days prior to the November 10, 2011 Planning Board meeting. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby waives the requirement to post a public notification sign for the November 10, 2011 meeting of the Planning Board for the site plan application proposed at 525 Ellendale Avenue. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the resolution was approved by unanimous voice vote. Mr. Rotfeld,Village Engineering Consultant, addressed the Board regarding his memo about the project,which included 13 comments. Mr. Rotfeld explained that until he receives responses to his comments he had nothing further to report. As he explained, his primary concerns focused on whether there would be an easement in place that would allow access to the sanitary sewer line, the sewer easement's parameters, and the details regarding the proposed catch basin removal and the construction of a trench drain. Mr.Accurso asked about the storm water management plan in regard to a 25-year storm,to which Mr. Rotfeld responded that because he had not received information concerning the results of percolation tests that may have been conducted, he could not respond. Mr. Accurso asked if percolation tests had been conducted, to which Mr. Rotfeld responded that he did not have information on whether such tests had been performed. Mr. Tartaglia asked which site plan the Board recommended the applicant should pursue,to which Chairman Zuckerman responded that the Board chose the original plan that located parking in the front yard of the building. The meeting was adjourned to December 8.`h PUBLIC HEARING 4. 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 Page 4 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... • Considering a Resolution Mrs. Timpone-Mohamed asked for the name and qualifications of the person who performed the tree survey, but the Applicant did not have that information. The Chairman indicated that the identity and qualifications of the entity performing the tree survey would be a condition of approval. Mrs. Jennifer Gray read the resolution: November 10, 2011 APPROVED RESOLUTION APPROVING A SITE PLAN AND TREE REMOVAL PERMIT 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 and a tree removal permit on behalf of the property owners, Rabi and Babita Burathoki, to remove six trees in the front yard and 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; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Application 2. Site Plan Application and Checklist 3. Short Environmental Assessment Form 4. Letter to the Planning Board from by John G. Scarlato, Jr., Architect dated September 12, 2011 5. Letter to the Planning Board from by John G. Scarlato, Jr., Architect dated September 14, 2011 6. Property Survey prepared by Aristotle Bournazos, P.C. dated September 6, 2011 7. Architect's Plans, prepared by John G. Scarlato, Jr., Architect, Armonk, N.Y.: Page 5 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Sheet Number Sheet Title Dated A-1 Exterior Elevations 4/18/11 A-2 First Floor Plan 4/18/11 A-3 Second Floor Plan 4/18/11 A-4 Reflected Ceiling/Electrical Plans 4/18/11 S-1 Site Plan 9/7/11 revised 10/20/11 S-2A Landscape Plan A 9/7/11 revised 11/8/11 S-2B Landscape Plan B 9/7/11; 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 a Type II Action requiring no additional review under SEQRA; and WHEREAS, the Village Planning Consultant,Village staff and the Planning Board reviewed the information, submitted comments and made recommendations regarding tree protection, tree removals and replacement trees, the landscape plan, storm water management, erosion and sediment control and the construction management plan,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, the Planning Board, after reviewing the issues regarding the large mature trees in the front yard/SROD vegetative buffer and the two landscape plan alternatives submitted by the applicant determined that six of the trees in the front yard as indicated on Sheet S-2A should be removed because they are too large for the space available and the front yard/SROD buffer should be replanted; and WHEREAS, on October 13, 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 October 13, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby waives the requirement for a topographic survey on the recommendation of the Village Engineer because construction of the project does not include disturbance of slopes on the property or excavation other than for construction of the new portico; and Page 6 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... BE IT FURTHER RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby approves site plans S-1, Site Plan, as revised 10/20/11 and S-2A, Landscape Plan, as revised 11/8/11 to construct multiple additions to the existing home located at 29 Lincoln Avenue; and BE IT FURTHER RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby approves a Tree Removal Permit to remove six existing White Pines in the front yard/SROD buffer as indicated on site plan S-2A, Landscape Plan, as revised 11/8/11 subject to the condition that the applicant provides a tree survey performed by a certified arborist prior to the issuance of the Building Permit; and BE IT FURTHER RESOLVED, that 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. Tartaglia,Mr.Nowak called the roll,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 CONTINUED BUSINESS 5. Review of a Site Plan Application by Cerebral Palsy of Westchester for Site Plan and Subdivision approval,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 Since the last meeting the proposed plans were revised and resubmitted. Mrs. Mohamed and Mrs. Gray indicated that they were working with Mr. Gioffre to satisfy the legal questions regarding the lot merger. In addition, the Building Inspector provided a zoning analysis. Mrs. Gray read a summarized version of the report and recommendation: PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE Page 7 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN AND SUBDIVISION APPLICATION FOR 1186 KING STREET I. PROJECT OVERVIEW On July 26, 2011, Village of Rye Brook Board of Trustees (`BOT") referred an application for a Site Plan amendment to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by Cerebral Palsy of Westchester ("Applicant" or "CPW") on behalf of the owner, United Cerebral Palsy Association of Westchester County, Inc., to demolish an existing 2'/2-story framed dwelling and detached summer cabin, and construct a new one- story administration and multi-purpose pavilion building on property located at 1186 King Street and designated as Section 124.48, Block 1, Lots 2 and 3A1 on the Town of Rye Tax Map ("Property"). The Property is located in the OB-3 Zoning District, Z-3 Airport Overlay District, 60 Ldn Airport Noise Contour Critical Environmental Area("CEA")and the Scenic Roads Overlay District, and is currently improved with several buildings, parking areas, several small utility buildings, a swimming pool, as well as landscaped and naturally vegetated areas. This Report and Recommendation discusses both the Site Plan Application and the Subdivision Application. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its August 11, 2011, September 8, 2011, October 13, 2011 and November 10, 2011 meetings. F.P. Clark Associates, the Village's Planning Consultant,provided Memoranda to the Planning Board dated August 4, 2011, September 6, 2011, October 7, 2011 and November 2, 2011 based on a review of the application and information provided by the Applicant and Village Staff. A. F.P. Clark made the following planning comments in its November 2, 2011 Memorandum: 1. Completion of the plan set. The number of existing overflow parking spaces is now shown on the plan located on Sheet Page 8 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... 2, "Existing Survey-Overall Site." This sheet also shows proposed site features. However, an existing conditions survey should not show proposed construction. It should show the current lot line to be removed by the proposed subdivision and all existing site features, regulated wetlands and wetland buffers easements and setbacks. In addition, the total number of parking spaces indicated in the legend on Sheet 2 should be revised to account for the 60 overflow spaces on the west lot. A proposed overall site plan showing the lot line removed by the lot merger, the number of parking spaces available in overflow or seasonal parking areas, all existing paved parking spaces to remain and all new paved parking spaces, new buildings, all existing buildings to remain,grading modifications,all existing retaining walls to remain and all new retaining walls, all paving to remain and new paving, storm water management facilities, all existing setbacks to remain and new setbacks, new landscape and existing landscape to remain, easements, regulated buffers, watercourses, etc. should be provided. The proposed overall site plan should not include site features to be demolished. The "Survey Plat" was updated to be the Preliminary Survey Plat. We continue to recommend that the Planning Board consider recommending that the Trustees grant preliminary and final plat approval simultaneously as the preliminary and final plats would be the same, in which case the sheet will be updated to be the "final plat." 2. EAF.The EAF Part 1 was updated with additional revisions that include information related to both lots to be merged. 3. Zoning. The Building Inspector is reviewing the application and will issue a memorandum of his findings when the review is completed. 4. Operational Plan. The operational plan was revised as requested. Staffing and event attendees are discussed. Only two fund-raising events would be held at the site each year. Regarding restricted parking during summer camp, parking is currently prohibited only in the area between the pool and the existing administration building so the area maybe used by campers. After construction of the pavilion/office building and demolition of the cabin, the entire area will be reprogrammed so it will not be necessary to prohibit parking when summer camp is in session. Page 9 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... 5. Parking. Based on the revised operational plan for the merged lots and other information provided by the Applicant,it is not likely after construction of the proposed improvements that parking demand would exceed available parking spaces on the property. 6. Steep Slopes (Bioretention Basin).Although the planting plan for the bio-retention basin appears to be satisfactory at this time,if further review by the Village engineering consultant changes the design of the basin, the revised basin plan may require revision of the planting plan,which should be reviewed at that time. Pending further review by the Village engineering consultant, a monitoring and maintenance plan conforming to the standards and protocols of the 2010 NYSDEC Stormwater Management Design Manual was provided in the revised October 2011 Drainage Analysis. 7. Tree preservation and the tree protection plan.The table on Sheet 5 was revised to indicate that six trees with DBHs from 11 inches to 34 inches would be removed during construction,and that nine new 2 to 2.5-inch caliper trees would be required to replace the trees removed. However, the landscape plan shown on Sheet 9 of the plan set indicates only eight shade/hardwood trees would be planted. As Section 235-18 A. (3) prohibits using ornamental (flowering) trees as replacements for trees removed, the landscape plan should be revised to include an additional 2 to 2.5-inch caliper shade/hardwood tree. 8. Landscape Plan. Pursuant to Section 235-18 A. (3) of the Village Code, the landscape plan should be revised to include an additional shade/hardarood tree. (See Comment 7) Technical Comments 9. Storm water management plan. The stormwater management plan is being reviewed by the Acting Village Engineer and the Village consulting engineer, Dolph Rotfeld. 10. Erosion and sediment control plan. The erosion and sediment control plan is being reviewed by the Acting Village Engineer and the Village consulting engineer, Dolph Rotfeld. 11. Construction Management Plan. The construction management plan is being reviewed by the Acting Village Engineer. Page 10 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Over the course of the four(4)meetings at which the Planning Board reviewed this application, the Planning Board discussed various aspects of the application including the operational plan for the property, the existing and historical lot configuration and the accuracy of the lot line depicted on the Applicant's survey, the proposed creation of steep slopes through installation of stormwater facilities, the proposed stormwater management plan, the proposed disturbance of the wetland buffer, landscaping, and tree preservation. In response to questions raised regarding the existing lot configuration, ownership information and accuracy of the lot line depicted on the Applicant's survey, a legal memorandum dated September 6, 2011 was distributed to the Planning Board. The property is currently comprised of two building lots—one of which is currently owned by Operation Hope (SBL 124.48-1-2) ("Operation Hope Lot"), and the other of which is owned by CPW and comprises two tax lots due to its location in both the Village of Rye Brook(SBL 124.48-1-1) and the Town of Greenwich, CT(unknown Town of Greenwich Tax ID number) (collectively, the "CPW Lot"). Although CPW does not propose any work on the Operation Hope Lot, the Operation Hope Lot and the CPW Lot are used for a common, interdependent purpose. Further, the lots are nonconforming in that, individually, they do not provide sufficient frontage as required by the Village of Rye Brook Zoning Code. Also, the two lots were the subject of an illegal subdivision effectuated by a 1992 deed conveyance of a small portion of the CPW Lot to the Operation Hope Lot in the area of the 12-bed Community Residence,which altered the lot line dividing the two building lots without the necessary subdivision approval. For these reasons, the Applicant has submitted a subdivision application to merge the Operation Hope Lot and the CPW Lot. The Planning Board notes from the Building Inspector's November 3,2011 Zoning Analysis that one 22.8-foot front yard setback variance is required for the proposed pavilion due to the location of the NY/CT state line. Upon advice of counsel, it is the Planning Board's understanding that the Building Inspector cannot consider property located outside of the Village of Rye Brook when performing zoning calculations, even though property located outside of the Village may be part of the same building lot. In this regard, the NY/CT state line runs directly through the existing main building on the CPW Lot and less than 100 feet from the proposed pavilion. The Building Inspector has also identified the following variances that are required to legalize existing structures on the Property: 22hC 4-7D. Swimming pools&related pool equipment are prohibited from being located in a front yard. The applicant proposes to 1 Operation Hope is purportedly an affiliate of CPW. Page 11 of33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... legalize the existing swimming pool&pool equipment located in the front yard at the Lincoln Avenue elevation. §250-29F(1). The minimum required front yard setback 100 feet. The applicant proposes to legalize the existing swimming pool having a front yard setback of 40.44 feet and the related pool equipment having a front yard setback of 47 feet, both at the Lincoln Avenue elevation. �250-29FQ). The minimum required front yard setback is 100 feet. The applicant proposes to legalize the existing 12 person residence building a.k.a. 260 Lincoln Avenue having a front yard setback of 75 feet. X250-7B(3)(4-- The minimum required setback for off-street parking is 50 feet from the curb.The applicant proposes to legalize the existing parking at the King Street elevation identified on the plans as area 3 having a curb setback of 43 feet, and area 4 having a curb setback of 24 feet. The Planning Board understands that the BOT has referred the application to the ZBA for action on the necessary variances. Regarding legalization of existing structures, the Planning Board also notes that according to the Building Inspector's November 3, 2011 Zoning Analysis the cafe/administrative building was previously converted from a cafe to an administrative office building without the necessary approvals. Provided the partial Site Plan is revised to include this building, the Building Inspector has stated that approval of the Site Plan will serve to legalize the use of this building for administrative offices. Based on the operational plan, which includes the use of the cafe/administrative building as an office use, it is the Planning Board's opinion that the Property provides sufficient parking for the Property's various uses (i.e. public events, training sessions, summer camp, Saturday programs, fund raising events and administrative offices). The Applicant's stormwater management plan was referred to Dolph Rotfeld Engineering, P.C. which issued a report, dated October 12, 2011, that set forth the following comments: 1. The Drainage analysis previously submitted must be amended to reflect current proposed conditions. 2. While the stormwater calculations provided imply that there would be a reduction to peak rates of runoff from the Page 12 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... developed condition, the calculations fail to demonstrate this with actual flow data. Particularly with regard to the bio- retention basin and overflow catch basin design. Volume based calculations alone are not sufficient to demonstrate a zero net increase in runoff rates from the design storms previously requested. In addition, use of the NYSDEC water quality volume equation was not necessarily intended for estimating attenuation volumes for larger storm events. Acceptable methodolog<, such as TR-55 or TR-20 should be used to calculate redeveloped and post-developed peak runoff rates from the specified storm events while incorporating the bio- retention design and proposed outlet controls (overflow weir, grate, under-drain pipe and 12" outlet pipe). 3. It is our understanding that per agreement with the City of Rye, a 25% reduction to runoff rates must be achieved for this site, this must be demonstrated as described in comment #2. 4. Further detail and/or topography must be provided to ensure that the discharge from the bio-retention basin will not impact Lincoln Avenue. 5. A cross section of the bio-retention basin and overflow catch basin must be provided along with water elevations for each storm event requested. 6. Calculations must be provided for the piping from the proposed storm-chambers to the discharge outlets and/or basin sized for the 25 year event. Subsequently, the Applicant addressed each of these comments and Dolph Rotfeld Engineering, P.C. issued a report, dated November 3, 2011, which stated that "all of our previous comments have been satisfactorily addressed." Of particularly note is a reduction of at least 25% of impervious surface coverage achieved by the proposed plans. As proposed, the work contemplated by the site plan requires from the Planning Board a Wetland Permit (due to grading and paving in the wetland buffer) and Steep Slopes Permit (due to the creation of steep slopes for the installation of the stormwater bio-retention basin). In response to comments from the Planning Board, the site plan was redesigned to move subsurface stormwater management facilities outside the wetland buffer thereby resulting in a net reduction in impervious surface coverage within the wetland buffer. Page 13 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the issues raised by F.P. Clark's Memorandum, the Planning Board recommends approval of the Site Plan and Subdivision (Lot Merger) Application as currently proposed. Regarding the Subdivision(Lot Merger), it is the Planning Board's understanding that the two building lots proposed for merger are currently under separate ownership. It is the Planning Board's further understanding that in order to merge these lots they must be under common ownership. Accordingly, the necessary documentation should be submitted by the Applicant to demonstrate to the satisfaction of the Village Attorney that the lots are under common ownership. By letter dated November 4, 2011, Bruno Gioffre, Esq., Attorney for the Applicant, explained the procedure required to bring the two lots under common ownership for the purpose of the lot merger which includes review by the NYS Attorney General's office and a Court Order due to the Applicant's status as a not- for-profit corporation. Mr. Gioffre requested that the application be approved subject to the lots being brought under common ownership within an agreed upon timeframe and subject to the execution and delivery of deed as evidence thereof. The Planning Board recommends granting conditional subdivision approval subject to the Applicant providing the necessary documentation, to the satisfaction of Village Counsel, demonstrating the lots have been brought under common ownership. The Planning Board is advised by Village Counsel that the Applicant cannot obtain a building permit until all conditions of subdivision approval are satisfied which would include bringing the lots under common ownership. Regarding the Site Plan, the Applicant has responded to the outstanding comments from F.P. Clark's November 2, 2011 Memorandum and the Building Inspector's November 3, 2011 Zoning Analysis by submitting an (1) Overall Site Plan, dated November 9, 2011, which provides an accurate parking space count and displays the entire site(rather than the previously submitted partial Site Plan which displayed only the proposed pavilion and its immediately surrounding areas);and(2)a Zoning Analysis Plan, dated November 9, 2011, which includes dimensioned setbacks for each building on the site. Because the dimensioned setbacks are provided on a separate Zoning Analysis Plan (which is not part of the site plan set), instead of being included on the Overall Site Plan, the Planning Board recommends that the Zoning Analysis Plan be added to the site plan set instead of standing on own. The Planning Board further recommends that the BOT confirm with the Building Inspector that the plans submitted by the Applicant on November 9, 2011 meet his satisfaction. Page 14 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Regarding stormwater, the Planning Board notes that all outstanding comments from Dolph Rotfeld Engineering have been satisfied, however, implementation of a monitoring and maintenance plan for the bio-retention basin should be a condition of Site Plan approval. Further, the reporting method and schedule as well as monitoring responsibilities should be outlined as a condition of Site Plan approval. In this regard,the Planning Board recommends that Site Plan approval be subject to the following condition: The functionality of the bio-retention basin is reliant upon the performance of perpetual post-construction monitoring and maintenance of same; therefore, the bioretention basin shall be permanently inspected and maintained in accordance with the section entitled "Specifications for Bioretention Basin and Annual Inspection Criteria" and "Appendix F" in the Drainage Analysis prepared by WSP-Sells dated July 2011,revised October 2011. Such inspections and maintenance shall commence with completion and activation of the stormwater management system. The property owner shall be responsible for securing a licensed professional from a landscape architecture, environmental or engineering firm to perform the inspections, and oversee maintenance required. The owner's professional shall prepare a written summary report of each inspection and maintenance event, and all reports in each year shall be submitted at the end of each calendar year to the Village Engineer for review. The Village Engineer, at his or her discretion shall make site inspections from time to time to verify the reports submitted and determine if the bioretention basin is in good working order and performing in accordance with the approved and intended design standard. Provided the site plan is not altered in a manner that would create additional disturbance to the wetland buffer, change the proposed planting plan for the wetland buffer area proposed to be disturbed, destabilize the proposed steep slopes, or substantively impact the Planning Board's review of the applicable standards for the issuance of a Wetland Permit or Steep Slopes Permit, it is likely the Planning Board would be in a position to grant such permits after the Board of Trustees completes its SEQRA review. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the Site Plan and Subdivision Application. Dated:Rye Brook, New York November 10, 2011 Page 15 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Mr. Tartaglia asked which entity is conveying its lot to which other entity. The applicant's response was that CPW would be the primary owner. Mr. Dean Santon, Hillandale Road, addressing the Board, advised that he had sent a memo to the Board of Trustees advising that he had pulled all the deeds to the property, which he believed showed that Operation Hope had transferred property in 1992 but there was no deed in the name of Operation Hope at the present time. All documentation was provided. Mrs. Gray responded that there was a part of the southern portion of the Operation Hope property that was transferred to CPW—it was not the entire property—only a small triangular piece of the property. Chairman Zuckerman advised that research was done and the information was conveyed to Mr. Gioffre. The Chariman also commented the proposed conveyance will be reviewed by the Village Attorney to make sure it is done properly. On a motion made by Mrs. Schoen and seconded by Mr. Laufer,Mr.Nowak called the roll and the Report and Recommendation was approved: 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 referring the report to the Board of Trustees: November 10, 2011 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED APPLICATION FOR A PROPOSED SITE PLAN AND SUBDIVISION APPLICATION AT 1186 KING STREET BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the Page 16 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... attached Report and Recommendation to the Village of Rye Brook Board of Trustees on the proposed application for a Site Plan and Subdivision for Cerebral Palsy of Westchester at 1186 King Street, and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Laufer,Mr.Nowak called the roll 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 Chairman Zuckerman added that this was a difficult application and congratulated the Village staff and Ms. Cook and her staff as well. 6. Review of a Site Plan Application by the 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 David Weiss, from WSB Sells, Consultant Engineers,for the City of Rye,addressed the Board and gave an overview of the project.He explained that on Wyman Street,as an example,the new sluice gate could reduce water levels during a 5 to 10-year storm event from 4 to 6 inches,and in connection with a 25—50 and a 100- year storm event could reduce water levels from 5-9 inches.He opined that there is no indication that the new sluice gate would have adverse impacts upstream,but it would decrease water elevations downstream. Mr.Tartaglia asked if a survey had been prepared.Mr.Weiss indicated that a topographical survey had been performed in the vicinity of the project area and would be provided.Mr.Tartaglia asked about whether a tree preservation plan was being developed. Mr. Weiss responded that his office had just received a tree survey report that he would forward it to the Village.Mr.Tartaglia asked about a construction management plan,to which Mr.Weiss responded that it was still under development.Mr.Tartaglia asked about traffic evaluation in connection with Bowman Avenue where the sluice gate project would be located.Mr.Tartaglia expressed his concern that that such an evaluation could be important in light of the close proximity ofboth the Port Chester Middle School and the Rye Ridge Shopping Center.Mr.Weiss responded that because the site has sufficient space to park heavy equipment and other vehicles off Bowman Avenue,it was not expected that any lanes on Bowman Avenue would be blocked,except for occasional deliveries of construction materials.The temporary access driveway would be created to allow for installation of the construction staging area on-site. Mr. Tartaglia countered that he believed that a construction traffic management plan should be put in place to address traffic issues that could affect 800 Westchester Avenue and the Middle School,and that such a traffic plan should be incorporated into the over-all construction management plan for the site. Mrs. Schoen asked how the construction crew was planning to access Bowman Avenue and what times ofthe Page 17 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... day. Mr. Weiss responded that he did not know specifically how the contractor would access the site. Mrs. Schoen expressed the opinion that this information is extremely critical. If the plan is to use Westchester Avenue and Ridge Street to access the Bowman Avenue site, then traffic back ups should be anticipated, especially between 7:30 a.m.and 9:00 a.m. In her opinion,traffic on these potential access roads is bad at all times, so the question of how the construction site is to be accessed is a significant question. Finally, Ms. Schoen asked if fire trucks would find easy access through Bowman Avenue after construction is under way. Mr. Weiss expressed the position that he did not think this would be a problem. Mr.Weiss explained that the construction of the sluice gate would occur over an 8week period and that it was hoped that construction would begin in the late spring and possibly early summer,which might alleviate traffic issues relating to the Middle School. Mr. Weis represented that a landscape plan had been submitted to the Village for review and that an erosion and sediment control plan had been submitted and was being reviewed by the Village Engineer. Mrs. Timpone-Mohamed added that from a planning point of view that the Village should be presented a complete draft construction plan addressing the issues raised by the Board and that the current construction plan presented to the Village was inadequate. Mr. Nowak was asked about what surveys, e.g. topographical survey and a boundary survey, had been submitted.He explained that he was comfortable with the topographical data of the sites suppliedby the City of Rye for the areas subject to construction. In conclusion,while Mr.Nowak explained that he did want the metes and bounds of the site verified and certified, he believed that it was appropriate to waive the requirement of a formal topographic survey of the entire property. Mr. Grzan asked about the source of power for the gate.Mr.Weiss explained that the gate would be electric powered and that a backup generator would also be installed. Mr. Accurso commented that the documentation provided indicated that studies had been conducted to ascertain whether, as the consequence of the sluice gate,negative effects upstream could be anticipated,but the studies did not cover locations closer to the site such as Avon Circle and the Middle School. Mr. Weiss responded that experts,including HDR did not expect there to be any negative impact upstream. Mr. Accurso questioned why Rye Brook, whose own experts did not appear to be consulted, should be dependent on engineering assessments made by experts retained by the applicant--the City of Rye. Mr.Nowak responded that the project was not being implemented solely by and for the benefit of the City of Rye,but that Rye Brook and the County of Westchester were also involved and had contributed funds to the project.The City of Rye was designated lead agency,and in this capacity,conducted the SEQRA review of the project. Mr. Tartaglia asked about the applicable zoning requirements and the history of approvals for the property. Mrs. Gray explained that the Board of Trustees' in its September 27, 2011 resolution weighed a host of factors to determine the extent to which this municipal applicant would be subject to the applicable Village Code requirements. The balancing of these factors is required when there is a municipal applicant. Page 18 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Chairman Zuckerman stated that the sluice gate project is designed to operate for the benefit of both municipalities and that there should not be a risk of negative impacts to upstream and downstream properties. Nevertheless,it remains incumbent upon the Planning Board to make the necessary inquiries and receive the necessary information so that the Board of Trustees can benefit from the Planning Board's recommendations. Mr.Laufer asked if there were any studies that had been done on potential impacts to the Village of Harrison. Mr. Weiss responded that there is no information that has been obtained showing that there is any risk of a negative impact on any upstream areas,including Harrison. Chairman Zuckerman stated that flooding in the lower part of Rye Brook and the City of Rye is a naturally occurring phenomenon and that there may be other ways to address it that possibly should be considered in the context of this project.Representations have been made by the City of Rye that the operation of the sluice gate should control the flooding, but it is also apparently clear that the sluice gate will not eliminate potential flooding. Adjourned to December 8"'. 7. Review of a Site Plan application by New Cingular Wireless on behalf of Reckson Associates Inc.for a Wireless Special Use Permit for installation of additional wireless antennas on the property located at 4 International Drive Rye Brook,NY,Parcel ID 124.81-1-1 • Considering a report and recommendation Anthony Morando, Esq., Cuddy & Feder, addressed the Board on behalf of the applicant, providing a summary of the project and concluding that there are no material visual impacts associated with the project and that all other issues raised by the Village's consultants have been addressed. Mrs. Gray read the report and recommendation recommending approval: PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED APPLICATION FOR A SPECIAL PERMIT AMENDMENT AND EXTENSION AND SITE PLAN AMENDMENT FOR NEW CINGULAR WIRELESS AT 4 INTERNATIONAL DRIVE I. PROJECT OVERVIEW On September 27, 2011,Village of Rye Brook Board of Trustees(`BOT")referred an application to extend and amend a Special Permit and to amend a previously approved Site Plan, to the Village of Rye Brook Planning Board("Planning Board")for submission Page 19 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... of a Report and Recommendation. The application was made by New Cingular Wireless PCS, LLC ("Applicant") on behalf of Reckson Associates Inc. to update the existing wireless telecommunications facility through installation of the following: three (3) previously approved antennas; one (1) GPS antenna; six(6)remote radio head units;three (3) DC2 boxes; new fiber and power cables; and additional equipment including a new cabinet, as well as the legalization of an existing GPS antenna, at Building #4 located within Reckson Executive Park on property located at 4 International Drive and designated as Section 124.8 1, Block 1, Lot 1 on the Town of Rye Tax Map ("Property"). The Property is located in the OB-1 Zoning District and the King Street Scenic Roads Overlay District. On February 27, 2007, the Board of Trustees approved a Special Permit and Site Plan for the installation of an attached wireless telecommunications facility located at 4 International Drive. The Site Plan approved in 2007 included three (3) arrays of four(4) antennas each but did not include a GPS antenna or any provision for future additional installations of any kind. Accordingly, the Building Inspector has determined that the additional equipment, including a new GPS antenna and the legalization of an existing GPS antenna, constitutes a modification of the site plan previously approved by the Board of Trustees. Also, the Special Permit associated with the existing wireless telecommunications facility is scheduled to expire on February 27, 2012. The Applicant has requested a permanent renewal of the Special Permit without expiration date. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its October 13, 2011 and November 10, 2011 meetings. HDR Engineering, Inc., the Village's Engineering Consultant, provided a Memorandum to the Planning Board dated October 13, 2011 based on a review of the application and information provided by the Applicant and Village Staff. F.P. Clark Associates, the Village's Planning Consultant, also provided a Memorandum to the Planning Board dated November 1, 2011 based on a review of the application and information provided by the Applicant and Village Staff. Page 20 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... A. HDR Engineering, Inc. recommends in its October 13,2011 Memorandum that the following be considered as conditions of approval in the event the application is approved: • FCC warning signage should be routinely inspected and maintained at the site by AT&T. Protocols for site access and maintenance should be filed with the Village for this rooftop antenna site. • Appropriate grounding and local code compliance should be established during the installation of the AT&T equipment and connections with existing electric and telephone utilities. It is understood that on-site connections will be utilized. Documentation of final construction (including but not limited to utility connections,"as-built"locations/heights of antennas and equipment cabinets, and signage) shall be provided to the Village Building Department. • If the application is approved, a structural certification by a NYS professional engineer should be provided to the Village that confirms the existing building can accommodate all elements of the proposed facility upgrade,including the new equipment cabinet (note that an analysis has already been provided for the proposed antenna addition). Based on HDR's previous review work in 2006-2007 (when the existing facility was first proposed for construction), it is anticipated that the building has adequate structural capacity to accommodate all components of the proposed upgrade. • Operations should be maintained in accordance with the Village's Wireless Ordinance and all other relevant Village codes. Any future proposed increase in AT&T's number of antennas, antenna sizes/heights, or number/sizes of equipment cabinets shall be approved by the Village prior to any modifications. • If the application is approved, all applicable Village code requirements relating to operations, periodic compliance Page 21 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... reporting, certifications, permit renewals, and other items shall be adhered to by the applicant for the life of the facility. • The applicant has requested that this application for modification effectively serve as the 5-year Special Permit renewal for the facility (refer to Village Wireless Code 250- 39 D(9)). The applicant has also requested that such renewal be made permanent without an expiration date. It is recommended that the Village Board review the above- referenced part of the Wireless Code with regards to permit renewal requirements for this WTF. B. F.P. Clark made the following planning comments in its November 1, 2011 Memorandum: 1. Zoning. The proposed equipment and antennas to be added to the existing approved wireless facility would be installed on the roof of a building in the King Street Scenic Road Overlay District. However, based on the location of the installations and proposed mitigation to reduce the visibility of visible portions of the installations,we do not believe there would be any significant visual impacts to the SROD. (See Comment 3) 2. Coverage. We understand that the proposed upgrades would not increase the coverage of the facility, but would improve and enhance the service already provided by the facility. 3. Visual impacts. A visual analysis was provided showing existing views of the facility and proposed views of the updated facility. The new antennas, GPS units, DC boxes, and radio head units that would be mounted on the north and south sides of the penthouse and the existing west-facing screen wall are relatively small compared to the architectural features of the building. The new equipment to be mounted on the outward-facing side of the screen wall and on the penthouse walls would be painted to be color-matched to the existing screen and penthouse walls. They would be mounted at or below the roof line or the top of the screen wall. The new equipment cabinet, the GPS antennas and some of the DC boxes would be located behind the existing west-facing screen walls out of sight, and new fiber optic lines and cables would be located in the existing cable tray. Therefore,we believe that any ,7isual impacts from the installations would be minor,and the minor Page 22 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... impacts from the new antennas and other equipment would be mitigated. The Planning Board discussed the application as well as the comments and recommendations set forth in the memoranda from its consultants. Regarding compliance with FCC regulations, HDR has confirmed based on a review of the application materials, that radio frequency(RF)levels for the proposed modifications are anticipated to be well within the Federal Communication Commission's Maximum Permissible Exposure(MPE) limit at all general public areas in the vicinity of the site. However, the Planning Board questioned HDR's use of the term"appear"when discussing MPE compliance regarding the RF output at the rooftop surface (an area not accessible to the general public). In this regard, it was noted by the Planning Board that compliance should be confirmed since it is not satisfactory that "all rooftop locations appear to be in compliance with the FCC Maximum Permissible Exposure (MPE)limit for the general public..."In response,HDR confirmed that the rooftop locations are, in fact, in compliance. The Planning Board also discussed items from HDR's letter including the structural stability of the building with the added load, monitoring and extension of the Special Permit. In response to HDR's comment that any approval of the application should be conditioned upon the submittal of a structural certification by a NYS professional engineer to confirm the existing building can accommodate all elements of the proposed facility upgrade, including the new equipment cabinet, the Applicant submitted a report from Dewberry-Goodkind, Inc., dated October 26, 2011, certified by Christopher Cirrotti, P.E. The report confirmed the existing equipment platform and building structure are structurally adequate to support the proposed equipment. Regarding the request for a permanent extension of the Special Permit without expiration date, the Planning Board noted that Section 250-39(D)(9) of the Village of Rye Brook Zoning Code limits renewal terms of the special permit to five (5) years. Therefore, a permanent special use permit with no expiration date is not permitted by the Code nor would it be advisable to entertain such a request because the renewal process permits the Village to confirm the attached wireless telecommunication facility's compliance with the Special Permit and the relevant legal requirements. Regarding visual impacts of the proposed installation the Planning Board agreed with the assessment of F.P. Clark that visual impacts will be minor and will be mitigated through color matched paint and the placement of equipment at or below the roof line or top of the screen wall. Lastly, the Planning Board received a Memorandum from Acting Village Engineer Mike Nowak, dated November 4, 2011,recommending approval of the waivers requested Page 23 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... by the Applicant which include all requirements not fulfilled by the Applicant's September 7, 2011 submission. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the comments in Memoranda from its consultants the Planning Board recommends approval of the amendments to the Site Plan and recommends renewal of the Special Permit for another five (5) year term upon the conditions identified by HDR as well as the following condition: • The new equipment to be mounted on the outward-facing side of the screen wall and on the penthouse walls shall be painted to be color-matched to the existing screen and penthouse walls. The Planning Board also recommends approval of the requested waivers given the limited nature of the application which relates solely to rooftop mounted equipment with no associated land disturbance. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the amended Site Plan and recommends the BOT renew the Special Permit for another five (5)year term. Dated: Rye Brook, New York On a motion made by Mrs. Schoen and seconded by Mr. Grzan,a vote on the Report and Recommendation was called.Prior to voting on the Report and Recommendation the Chairman requested final input from the Planning Board members. Mr.Laufer expressed concern regarding the Engineer's report that the underlying assumptions of the project were never validated. Chairman Zuckerman noted that there are certain assumptions that have to be made,such as the assumption that industry standards have been met. Discussion among Planning Board members having concluded,Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES Page 24 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution referring the report to the Board of Trustees: November 10, 2011 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED APPLICATION FOR A SPECIAL PERMIT AMENDMENT AND EXTENSION AND A SITE PLAN AMENDMENT FOR NEW CINGULAR WIRELESS AT 4 INTERNATIONAL DRIVE 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 application for a Special Permit amendment and extension and a Site Plan amendment for New Cingular Wireless PCS, LLC, and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. On a motion made by Mr. Grzan and seconded by Mrs. Schoen,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 NEW BUSINESS 8. Review of a Site Plan Application by United Water Westchester Inc.for the installation of poles and remote reading devices at various locations in the Village. • Considering a report and recommendation Page 25 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Chris Graziano of United Water Westchester Inc.addressed the Board stating that recent evaluations by the company of its water network revealed that water losses are occurring possibly due to pipe leakage,but also potentially due to water theft.The proposed project would provide future benefits to customers by eliminating water waste,and reducing water theft,thereby lowering the cost of water for customers over all.The objective of the project is to install equipment that would enable the company quickly and efficiently compile and organize data regarding water usage,so that water losses can more easily be identified,located and eliminated. The equipment would allow the applicant to obtain daily readings from customer meters of water use so that more accurate billing can take place.The equipment would also allow the applicant to assess water loss from underground pipes. Chairman Zuckerman asked if most of the water loss is from water theft. The response was affirmative. Mr. Tartaglia asked how the monitoring devices installed in customers'homes are powered. Mr. Graziano responded that the monitoring equipment runs on batteries that will last for 15 years.At the end of this period the sensing equipment would be tested and batteries would be replaced. The Chairman noted for the record that the matter was before the Planning Board because the poles and devices proposed by the applicant would be installed in Village rights-of—way, on Village-owned property and near homes. An audio-visual presentation was made followed by a question and answer period. The application was adjourned to December 8f. 9. Review of a Site Plan application by Mr.Wilner on behalf of the King Street Nursing Home for the legalization of an addition to the building on the property located at 787 King Street Rye Brook,NY,Parcel ID 130.77-1-30 • Considering a report and recommendation Lindsey Wilner,Project Manager for the King Street Nursing Home, addressed the Board advising that the applicant would like to legalize a project that was already constructed. Mr.Nowak explained that the Nursing Home had an open patio area enclosed on three sides by the existing building that the applicant converted to interior space for an office without obtaining the required approvals from the Village.A violation was issued for the work done. Mr.Nowak noted that the new interior space is located within the envelope of the current building. Mrs. Mohamed stated that the building is set up on a ridge and the area that was converted faces away from King Street so that it is also not visible from the Scenic Road and it is far enough away from Ward's Castle that it would not be seen from the historic property. According to Ms. Mohamed, the only conceivable planning issue was the need for a clarification concerning whether the conversion affected the parking requirement of the facility. It was her understanding, that the office constituted a minimal expansion of an existing facility that would not increase the number of employees or visitors to the facility, therefore, additional parking spaces would not be required. Page 26 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Applicant confirmed that no additional employees or visitors would be created by the conversion. Mrs. Gray summarized the 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 SITE PLAN AMENDMENT FOR 787 KING STREET I. PROJECT OVERVIEW On October 11, 2011, Village of Rye Brook Board of Trustees("BOT")referred an application for a Site Plan amendment to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by King Street Nursing Home ("Applicant" or "KSNH") on behalf of the owner, Robert Wilner, to legalize a one-story addition on property located at 787 King Street and designated as Section 130.77, Block 1, Lot 30 on the Town of Rye Tax Map ("Property"). The Property is located in the R-15 Zoning District and the King Street Scenic Roads Overlay District. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its November 10, 2011 meeting. F.P. Clark Associates, the Village's Planning Consultant,provided a Memorandum to the Planning Board dated November 7, 2011 based on a review of the application and information provided by the Applicant and Village Staff. A. F.P. Clark made the following planning comments in its November 7, 2011 Memorandum: 1. Zoning. According to the Building Inspector,the addition complies with the zoning requirements of the district.The addition was constructed in the King Street Scenic Road Overlay District. However, based on the location of the addition within the building Page 27 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... envelope in the northeast corner of the building, and its distance from King Street,the addition is not easily visible from King Street. 2. Traffic and Parking. From the plans provided it is not clear if the new space is an expansion of an existing office or if it is an additional office in the building. The applicant should clarify if the new space is an expansion of an existing office that did not increase the number of employees or create a new service, or if it is occupied by a new employee or a new service that could impact traffic in the area and parking on the property. Technical Comments 3. Required survey. Our office did not receive a current survey of the property. Pursuant to Section 209-3 C(1)(d), a topographic survey of existing conditions certified by a NYS licensed surveyor no more than one year prior to the date of the application is required for all site plan applications. 4. Storm water management plan. We believe the applicant is exempt from providing a stormwater management plan pursuant to Section 217-6 A of the Village Code because construction of the addition would not have disturbed more than 400 square feet of land. At the November 10, 2011 meeting the Planning Board discussed various aspects of the application including potential impacts on the historic property (Ward's Castle) located on the east side of Magnolia Drive north of the intersection with Comley Avenue, visual impacts from King Street, and parking. Since the area of the one-story addition is at the northeast corner of the building and the construction of the addition involved closing off one elevation of an already existing inner courtyard area, the visual impacts from King Street are negligible, at best. Further, due to the distance between the KSNH property and Ward's Castle, and the location of the addition on the north west side of the KSNH,no impacts to the historic property will result from the addition since the addition is not visible from the historic property. At the November 10, 2011 meeting, the Applicant clarified that the addition did not result in additional employees, therefore the sufficiency of the existing parking was not affected. Lastly, it was noted that a topographic survey was not provided. However, based on the recommendation of the Village Engineer, the fact that the property is relatively flat and the relatively small size (201 square feet) of the addition as compared to the size of Page 28 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... the overall property (9.5 acres), the Planning Board agreed that the requirement for a topographic survey should be waived. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the proposed plans and the issues raised by F.P. Clark's Memorandum the Planning Board recommends approval of the Site Plan Amendment as proposed. The Planning Board further recommends the requirement for the submittal of a topographic survey should be waived. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the application for a Site Plan Amendment for King Street Nursing Home. Dated:Rye Brook, New York November 10, 2011 On a motion made by Mrs. Schoen and seconded by Mr.Laufer,a vote on the Report and Recommendation was called. The Chairman asked if Board members had any comments. Mr. Tartaglia requested that the applicant provide a Zoning Table on the plans. Mrs. Timpone-Mohamed responded that the Building Inspector had done a zoning analysis using the plans provided.His report,which was submitted,concluded that there were no variances required for approval.Ms. Mohamed noted that the Building Inspector found that the FAR of the building is well under the required FAR,and that a topographic survey was not necessary because there was no grading done in connection with the construction. Mr.Nowak called the roll: 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 forwarding the report to the Board of Trustees: Page 29 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... November 10, 2011 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED APPLICATION FOR APPROVAL OF A SITE PLAN AMENDMENT FOR 787 KING STREET 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 application for a Site Plan Amendment for the King Street Nursing Home located at 787 King Street,and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. On as motion made by Mrs. Schoen and seconded by Mr. Laufer,Mr.Nowak called the roll 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 10. Review of a Site Plan application by Mr.Kumaran for legalization of a second-story addition to a home located at 243 North Ridge Street,Rye Brook,New York,Parcel ID 135.35-1-15 • Considering a resolution scheduling a Public Hearing Chairman Zuckerman advised that this matter was added to the agenda late, and that no Public Notice was posted regarding the application. A resolution waiving the notification requirement was prepared for the Board to consider so that a public hearing date might be set. Mrs. Gray read the resolution: November 10, 2011 APPROVED Page 30 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... RESOLUTION WAIVING THE PUBLIC NOTIFICATION REQUIREMENT OF POSTING A SIGN ON THE SUBJECT PROPERTY PRIOR TO A PLANNING BOARD MEETING THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Section 240-40(A) requires that at least seven (7) days prior to a Planning Board meeting, a public notification sign shall be posted on the property which is the subject of an application to be heard at such meeting; and WHEREAS, Section 250-40(G) permits the Planning Board to waive the notification requirements set forth in Section 250-40 unless required elsewhere by county or state law; and WHEREAS, neither county nor state law requires an applicant to post a public notification sign on property subject to a pending application prior to a meeting of the Planning Board at which such application will be heard; and WHEREAS, the proposed site plan application for 243 North Ridge Street is on the November 10, 2011 agenda of the Planning Board, but the Applicant has not complied with Section 250-40(A) because a public notification sign has not been provided at the subject property at least seven (7) days prior to the November 10, 2011 Planning Board meeting. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby waives the requirement to post a public notification sign for the November 10, 2011 meeting of the Planning Board for the site plan application proposed at 243 North Ridge Street.. Page 31 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... On a motion made by Mr.Laufer and seconded by Mr.Grzan,Mr.Nowak called the roll 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 Chairman Zuckerman advised the applicant that if a public hearing is set,the applicant would be required to meet the public notification requirement. The Applicant's architect gave an overview of the project.He pointed out that there is no proposed expansion of the existing footprint of the home and all construction for the addition occurs at the back of the house,with the exception of a line of clerestory windows that would be visible from North Ridge Street,which is in the Scenic Road Overlay District.. No variances are required to approve the site plan,and the applicant requests a waiver of the requirement to provide a topographic survey because no excavation is necessary. Mrs. Mohamed read the resolution setting the Public Hearing: November 10, 2011 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 243 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Meenakshi Kumaran, property owner submitted an application for approval of a site plan to construct a second floor addition on an existing home located at 243 North Ridge Street, in the R-10 zoning district and the North Ridge Street Scenic Road Overlay District(SROD), Section 135.35, Block 1, Lot 15 as shown on the Town of Page 32 of 33 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,November 10,2011 - 8:00 p.m. ............................................................................... Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on December 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) 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 Mr. Grzan and seconded by Mr.Laufer,Mr.Nowak called the roll and the date of the Public Hearing was set: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES There being no further business,on a motion made by Mrs. Schoen and seconded by Mr.Laufer,the meeting was adjourned at 10:41pm by unanimous voice vote. Page 33 of 33