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HomeMy WebLinkAbout2011-12-08 - Planning Board Meeting Minutes Approved:June 2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday December 8, 2011 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the July 14, 2011 minutes AFFORDABLE HOUSING 2. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for the parcel located at 80 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-26 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 PUBLIC HEARING 4. Review of a Site Plan application by Mr. Meenakshi Kumaran for the legalization of a second story addition for the property located at 243 North Ridge Street, Rye Brook, NY, Parcel ID 135.35-1-15 • Considering a Resolution CONTINUED BUSINESS 5. Review of a Site Plan Application by United Water of Westchester for the installation of poles and remote reading devices at various locations in the Village. NEW BUSINESS 6. Review of an Application by Cerebral Palsy of Westchester for Wetlands and Steep Slopes permits for the property located at 1186 King Street, Rye Brook,NY,Parcel ID 124.48-1-1 • Considering a Resolution setting a public hearing ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. 1 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... PRESENT BOARD Mrs. 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. 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 Rules and Procedures can be found on the Village website and the Planning Board meetings can be viewed on streaming video. MINUTES 1. Review of the July 14, 2011 minutes On a motion made by Mrs. Schoen and seconded by Mr. Goodman,the minutes were approved by unanimous voice vote 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 Chairman Zuckerman advised that he had received an email from the applicant requesting an adjournment. As such, the matter was adjourned to January 2012. Page 2 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... 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 Chairman Zuckerman advised that based on information supplied by Westchester County concerning its affordable housing standards,the sizes of the units proposed by the applicant would be acceptable if approved by the Village. Storm water management, however, was still an outstanding issue and several memos had been sent from the Village's Engineering Consultant Dolph Rotfeld to Mr. Mastromonaco, Engineer for the applicant, for his consideration. Mrs. Gray,Village Counsel, advised the Board that there was a question about whether the proper public notice signage was posted at the property relevant to this meeting. She advised the Board that if the sign was not posted, the Board can waive the posting requirement. Mr. Larizza advised the Board that the sign was posted for the evening meeting. Mr. Rotfeld addressed the Board and spoke about the storm water issues and noted that there were still unresolved issues. Chairman Zuckerman noted that Mr. Tartaglia planned to be representing Mr. Larizza on certain legal matters so that he would recuse himself from review of the application. Mr. Tartaglia was asked by Mrs. Gray to step down from the dais and he complied. Mr. Rotfeld advised the Board concerning preliminary soil tests,which showed good soil for the dry wells. He indicated that subject to the Board's approval he would recommend that the percolation tests be conducted during excavation. The only other unresolved issues at that time involved erosion control during construction and the mechanism for holding water on the site during construction. Chairman Zuckerman added that that there are planning issues yet to be resolved such as traffic, parking and the impacts of the project on the local school district. Mrs. Mohamed added that certain other planning and site plan items are also outstanding and must be addressed as well: the perimeter fencing, the need to complete a landscape plan; and the location of the trash dumpster.Analysis of the demand and availability of parking is also required. A construction management plan designed to address air quality issues, tree protection, noise mitigation, parking and traffic impacts during construction should be reviewed by the Planning Board and Village staff. If there was a prior use on the site, then the potential for subsurface hazardous material could also be an issue. Finally,the plan should be reviewed to determine if the site plan provides adequate access for emergency services. Chairman Zuckerman responded that,procedurally, this matter would be adjourned to January 12`'' at which time it was hoped that the Board would be prepared to issue a report and recommendation to the Board of Trustees. Page 3 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... PUBLIC HEARING 4. Review of a Site Plan application by Mr.Meenakshi Kumaran for the legalization of a second story addition for the property located at 243 North Ridge Street, Rye Brook, NY, Parcel ID 135.35-1-15 • Considering a Resolution On a motion made by Mrs. Schoen and seconded by Mr. Goodman,Mr.Nowak called the roll and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chariman Zuckerman explained that the property in question is located in the Scenic Roads Overlay District. The application, however, did not implicate any variances and the new clerestory windows at the front of the home did not appear to adversely affect views of the property from the Ridge Street vantage point. Michael Boender, Architect for the applicant, addressed the Board and gave a brief overview of the project noting that all construction would occur in close proximity to the rear ofhome and that no variances are required. Mr. Accurso and Mr. Tartaglia asked questions in regard to the height of the addition. There being no further questions or comments, on a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the Public Hearing was closed: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Page 4 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... There being no objections from the Board, Chairman Zuckerman called for the Board to advance the vote on the application. Mr. Nowak added that while he had not yet had the chance to write his memo to the Board,the waivers requested by the applicant,in his opinion, should be approved and that he would follow up with a memo. Mrs. Gray read the resolution: On a motion made by Mrs. Schoen and seconded by Mr. Goodman,Mr.Nowak called the roll and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman took an agenda item out of turn to set a public hearing: NEW BUSINESS 7. Review of an Application by Cerebral Palsy of Westchester for Wetlands and Steep Slopes permits for the property located at 1186 King Street,Rye Brook,NY,Parcel ID 124.48-1-1 • Considering a Resolution setting a public hearing Chairman Zuckerman noted that the application had gone before the Zoning Board and that all applications for variances had been granted. Mrs. Timpone-Mohamed read the resolution setting the Public Hearing: December 8, 2011 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING APPLICATIONS FOR WETLANDS AND STEEP SLOPES PERMIT APPROVALS FOR 1186 KING STREET Page 5 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Cerebral Palsy of Westchester, property owner, submitted applications for approval of a lot merger subdivision, a site plan, a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit to demolish two existing buildings to construct a new administration office building with attached multi- purpose pavilion and terrace on their campus located at 1186 King Street, in the OB-3 Zoning District, the Z-3 Airport Overlay District, the 60 DNL Airport Noise Contour Critical Environmental Area (CEA), and the King Street Scenic Road Overlay District (SROD), Section 124.48, Block 1, Lot 2 as shown on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be an Unlisted Action subject to an uncoordinated review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on January 12, 2012 at 8:00 p.m., at Village Hall, 93 8 King Street, Rye Brook, New York to consider the applications for approval of a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit; 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. Goodman and seconded by Mrs. Schoen,Mr.Nowak called the roll and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES CONTINUED BUSINESS 8. Review of a Site Plan Application by United Water of Westchester for the Page 6 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... installation of poles and remote reading devices at various locations in the Village. Mr. Chris Reziano from United Water addressed the Board advising that the applicant had received written approval from the BelleFair Homeowners Association to install an antenna at the meeting house building. Mr. Reziano expressed the view that all the proposed sites for pole placement were necessary and that they all proposed to be located in areas that would afford the applicant's electronic reading equipment maximum coverage. Each Board member with a pole proposed near their home (e.g. Mr. Laufer, Mr. Goodman and Chairman Zuckerman) asked the applicant if it had any objection to their continuing to review the application. The applicant had no objection to the Board members in question continuing to review the application. Chairman Zuckerman indicated that he was troubled with placing poles near private residences,as opposed to placement on flagpoles in public spaces, insofar as locating the poles near homes could conceivably harm the value of properties and could also possibly cause interference to radio transmissions for residents. Potential radiation emissions are also a concern, which should be considered. Mrs. Timpone-Mohamed advised that she did an extensive review of the locations,visiting all the proposed sites. In her opinion the antennas, if at all possible, should be placed on existing structures to limit the impacts of additional poles and equipment along roads and from residents' properties. She explained that although it was articulated by the applicant that pole placement in Rye Brook would necessarily affect pole placement in Port Chester, there was a concern on her part that not all the poles may be necessary as there is coverage overlap. As an example, she pointed out that the pole proposed to be located at the ball field on King Street appears to almost entirely coincide with the overlapped coverage area of surrounding poles. The locations proposed that would cause the greatest visual impacts to residences were the Edgewood/Beechwood Circle,Parkwood Place, and Hillcrest locations, all ofwhichwould install new poles and equipment boxes close to residences. Another issue raised by Ms. Mohamed was whether the applicant knew the extent of the coverage that would actually result from the poles being placed in their proposed locations. In the discussion that followed the point was made that, in fact, the applicant would not actually be able to determine the extent of the coverage area until the system was turned on, so it is unclear if the number of poles proposed is sufficient to meet the coverage objective. Page 7 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... In Mrs. Mohamed's opinion, the issue concerning the actual extent of the coverage area and the potential for interference with radio transmissions needed further review. Chairman Zuckerman agreed that a commercial site like the shopping center would be a better location for a pole than Hillcrest where residential properties are located. Mrs. Schoen asked what kind of battery backup there would be to keep the transmission devices operating. The applicant responded that there was little risk to equipment during a power outage. Since only a limited amount of wattage would be generated by any one device, there is little likelihood that electrical interference would be caused by the monitoring and transmission system. Mrs. Schoen expressed concern that there may be interference because the applicant's marketing letter spoke of reasonable protection against electrical or radio-wave interference, not absolute protection. She also wanted to know whether there was any risk of interference with airplanes taking off and landing at the airport,referring in particular to the monitoring/transmission devices located at BelleFair. Expressing its concern that there appeared to be confusion about how the equipment works, the applicant explained that although the data collector was a continuous receiver,the accompanying transmitter would transmit data infrequently. In response to Mrs. Timpone-Mohamed's question, the applicant explained that the only transmission emanating from the monitoring system would be the equivalent of one cell phone call per day for a duration of 3 to 4 seconds to send the data collected to be analyzed. Mr. Goodman asked about the nature of the interference referred to and revisited the question of why poles needed to be placed in residential neighborhoods. Mr. Laufer noted that the proposed site on Beechwood Circle is in a scenic portion of the neighborhood and that the location is troubling. Mr. Tartaglia asked if there is an agreement with the Village because some of the poles would be located in Village right-of-ways and asked about the legal aspects of the proposed plan. Mrs. Gray responded that it is possible that in addition to site plan approval, there would a need for a license agreement allowing access to pole sites on Village property in order that maintenance could be performed. Mr. Tartaglia expressed the view that access and maintenance considerations should be addressed in the recommendation and report to the Board of Trustees. Mr. Tartaglia also expressed concern that residents may not have been properly notified Page 8 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... concerning the application and that residents at each proposed pole location should be specifically notified. Chairman Zuckerman agreed and asked if notification signs were installed in anticipation of the meeting. The applicant responded that signs were not erected. Although the requirement to send notification letters to residences within 250 feet of a proposed pole was waived, Chairman Zuckerman directed that signs must be posted in accordance with Village notification regulations for all Planning Board meetings that the application is on the agenda . The applicant indicated that he would speak with Mr. Nowak to find out exactly what kind of notification sign is required. Returning to the initial question about whether all seven pole sites are necessary, the applicant responded that all the proposed poles are necessary to assure the system works as designed. Chairman Zuckerman recommended that Mr.Nowak refer the matter to HDR for review.He also requested that the applicant work with Mrs. Timpone-Mohamed to review the proposed locations again to see if any modifications to the proposed location plan is possible. The Chairman posed whether it was a possibility that upon initiating the system the applicant may find that it had more poles than necessary to complete coverage. The applicant explained that the sites would be made operational one at a time and tested before the next pole would be installed. Although the applicant felt strongly that- all 7 sites would be needed, if coverage could be achieved with fewer poles they would be willing to consider eliminating poles that would not be required. Mr. Tartaglia asked about the installation process. The applicant responded that all equipment would be bench tested in the office and that the poles, themselves, would be installed by a contractor. Chairman Zuckerman suggested that a short construction management plan(one page) should be provided for review. The applicant then discussed each proposed site.After review of the seven sites,the consensus of the Planning Board was that 5 of the 7 proposed sites would be satisfactory. However, the sites on Hillcrest and Parkwood Place raise substantial concerns regarding visual impacts to nearby residences. The Chairman directed that signs be placed at the proposed sites for the next Planning Board meeting and that the applicant and its consultants should meet with Mrs. Timpone-Mohamed to discuss alternate sites. Page 9 of 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,December 8,2011 - 8:00 p.m. ............................................................................... There being no further business, on a motion made by Mrs. Schoen, and seconded by Mr. Laufer, the meeting was adjourned at 10:18pm by unanimous voice vote. Page 10 of 10