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HomeMy WebLinkAbout2012-01-12 - Planning Board Meeting Minutes Approved: 11/8/12 VILLAGE OF RYE BROOK PLANNING BOARD Regular Meeting Village Hall, 938 King Street Thursday January 12, 2012 - 8:00 p.m. ROLL CALL MINUTES AFFORDABLE HOUSING 1. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for property located at 80 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-26 2. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for property located at 525 Ellendale Avenue, Rye Brook, NY, Parcel ID 141.27-1-49 PUBLIC HEARING 3. 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 CONTINUED BUSINESS 4. 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 located at 250 Bowman Avenue, Rye Brook,NY, Parcel ID 124.48-1-1 • Considering a report and recommendation 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 rights of way of the Village. • Considering a report and recommendation NEW BUSINESS 6. Review of a Site Plan Application by Jeanne Colangelo for a second story addition to a single family structure within the North Ridge Street Scenic Road Overlay District for the property located at 143 North Ridge Street, Rye Brook, NY, Parcel ID 135.51-1-81 0 Considering a Resolution setting a public hearing VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 7. Review of a Site Plan Application by Joe Lentini on behalf of Win Ridge Realty (Rye Ridge Plaza) for parking lot improvements, an information kiosk, and a fenced-in trash receptacle enclosure for the property located at 1-34 and 100-150 South Ridge Street, Rye Brook, NY, Parcel ID 141.27.-1-1 and 141.27.-1-6 • Considering a report and recommendation PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr.John Grzan Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. Bill Laufer STAFF Mrs. Jennifer Gray, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak, Jr., Superintendent of Public Works/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 Planning Board Rules of Procedure can be found on the Village website and the public may also view the Planning Board meetings on streaming video. AFFORDABLE HOUSING 1. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for property located at 80 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-26 Adjourned at the request of the Applicant. 2. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for property located at 525 Ellendale Avenue, Rye Brook, NY, Parcel ID Page 2 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 141.27-1-49 Mr. Neuringer advised that, in his opinion, all outstanding issues had been addressed and he requested that the Board issue its report and recommendation to the Board of Trustees. Chairman Zuckerman responded that there were still outstanding issues that needed to be addressed. With regard to the issue of snow removal, for example, Mr. Neuringer responded that this had been addressed in the course of the applicant's dialogue with Mr. Nowak. Mr. Nowak advised that Mr. Larizza did not agree with the recommendations of Dolph Rotfeld Engineering, P.C.,, the Village's engineering consultant and suggested that it was therefore up to the Planning Board whether to make DRE's advice a condition of the Board's report and recommendation. Chairman Zuckerman also noted that the Village had not yet received a traffic report or a report on the potential impacts on the school district, and other items highlighted in the planning consultant's report. Mr. Neuringer explained that the applicant had not seen the planning consultant's memorandum. Mrs. Timpone-Mohamed responded that the planning memo was sent to the Planning Board Chairman, and that a copy of the memo was sent to Mr. Mastromonaco on the 12`h of December. It was copied to Mr. Larizza. Mrs. Timpone- Mohamed represented that, to date, no responses to the planning memo had been received. The traffic and parking issues, as well as the issue concerning the project's potential impact on the local school district still had to be addressed. The matter was adjourned to February 9, 2012 and the Applicant was advised that the notice sign must be updated for the next meeting. PUBLIC HEARING 3. 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 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. GRZAN YES Page 3 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES WSP Sells, the Applicant's consultant addressed the Board and gave a brief overview of the project. It was explained that changes had been made to the site plan that moved all disturbances outside the wetland buffer and reduced the area of created steep slopes. It was noted that all variances requested by the Applicant were granted by the Zoning Board of Appeals. The lot merger work is nearing completion. There being no further questions or comments, Chairman Zuckerman called for a motion to close the Public Hearing. 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. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES A resolution was called for and Mrs. Gray read the resolution: RESOLUTION CONSIDERING APPLICATIONS FOR A PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND AND A STEEP SLOPES WORK PERMIT FOR 1186 KING STREET 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-3Airport 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,Lots 1 and 2, as shown on the Town of Rye Tax Assessor's Map; and Page 4 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... WHEREAS, the Planning Board has reviewed the following plans and application materials: 1. Site Plan Application and Checklist 2. Exterior Building Permit Application 3. Revised Full Environmental Assessment Form (EAF) 4. Memorandum to the Planning Board from Dolph Rotfeld, P.E. Rye Brook consulting engineer dated October 12, 2011 5. Memorandum to the Planning Board from Dolph Rotfeld, P.E. Rye Brook consulting engineer dated September 6, 2011 6. Memorandum to the Planning Board from Michael J. Izzo, Rye Brook Building Inspector dated October 13, 2011 7. Memorandum to the Planning Board from Michael J. Izzo, Rye Brook Building Inspector dated August 31, 2011 8. Custom Soil Resource Report for Westchester County, New York prepared by WSP Sells, Briarcliff Manor, N.Y. dated August 23, 2011 9. Letter to the Planning Board from Amanda DeCesare, P.E., WSP Sells, Briarcliff Manor, N.Y. dated October 27, 2011 10. Letter to the Planning Board from Amanda DeCesare, P.E., WSP Sells, Briarcliff Manor, N.Y. dated September 30, 2011 11. Letter to the Planning Board from Amanda DeCesare, P.E., WSP Sells, Briarcliff Manor, N.Y. dated August 23, 2011 12. Revised Operational Plan, prepared by Linda Kuck, Executive Director CPW dated October 28, 2011 13. Revised Operational Plan, prepared by Linda Kuck, Executive Director CPW dated October 3, 2011 14. Tree Condition Assessments, prepared by Matt Weibel, SavATree Consulting Group dated September 6, 2011 15. Report on Wetland Buffer including Sheet 1, "Existing Impervious within Wetlands," and Sheet 2, "Proposed Impervious within Wetlands," prepared by WSP Sells, Briarcliff Manor, N.Y. dated July 6, 2011 16. Wetlands Survey dated September 20, 2007 prepared by Paul J.Jaehnig Wetlands and Soils Consulting, Ridgefield, C.T. 17. Letter to the Acting Village Engineer from l\/Iichiel A. Boender, AIA, Edgewater Group Architects, Greenwich, C.T., dated September 30, 2011 18. Letter to the Acting Village Engineer from l\/Iichiel A. Boender, AIA, Edgewater Group Architects, Greenwich, C.T., dated July 7, 2011 19. Drainage Analysis dated July 2011, revised October 2011 prepared by WSP-Sells, Briarcliff Manor, N.Y. 20. Engineer's Plans, prepared by WSP-Sells, Briarcliff Manor, N.Y.: Sheet Number Sheet Title Dated Page 5 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 1 of 14 Title Sheet 7/6/11 rev. 11/8/11 2 of 14 Existing Survey— Overall Site 8/23/11 rev. 11/8/11 3 of 14 Existing Topographic Survey 7/6/11 rev. 11/8/11 4 of 14 Erosion and Sediment Control Plan 7/6/11 rev. 11/8/11 5 of 14 Tree Preservation & Protection Plan 8/23/11 rev. 11/8/11 6 of 14 Removals Plan 7/6/11 rev. 11/8/11 7 of 14 Overall Site Plan 11/9/11 8 of 14 Site Plan 7/6/11 rev. 11/8/11 9 of 14 Grading Drainage & Utility Plan 8/23/11 rev. 11/8/11 10 of 14 Landscape Plan and Details 8/23/11 rev. 11/8/11 11 of 14 Lighting Plan 8/23/11 rev. 11/8/11 12 of 14 Site Details 7/6/11 rev. 11/8/11 13 of 14 Site Details 7/6/11 rev. 11/8/11 14 of 14 Site Details 7/6/11 rev. 11/8/11 Sketch Fire Access Travel Pattern Plan 7/6/11 1 of 1 Preliminary Survey Plat 9/30/11 1 of 1 Zoning Analysis Plan 11/9/11 21. Architect's Plans, prepared by Edgewater Group Architects, Greenwich, C.T.: Sheet Number Sheet Title Dated A-1 Proposed Floor Plan/Exterior Elevations 1/6/11 rev. 9/30/11 WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be an Unlisted action undergoing an uncoordinated review; and WHEREAS, on July 26, 2011 the Board of Trustees referred the Site Plan application to the Village Planning Board for report and recommendation; and WHEREAS, on September 8, 2011 the Applicant amended its application to include an application for Subdivision (lot merger) approval; and WHEREAS, the Village Planning Consultant, Village staff and Village Planning Board reviewed the information, submitted comments regarding the Site Plan and Subdivision (lot merger) applications, and made recommendations regarding, among other things, the operational plan of Cerebral Palsy of Westchester, parking, the creation of steep slopes as a result of the installation of a bioretention basin, tree preservation and protection, landscaping, wetlands, and stormwater management; and Page 6 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... WHEREAS, on November 10, 2011 the Village Planning Board referred a report and recommendations to the Board of Trustees; and WHEREAS, on December 6, 2011 the Village of Rye Brook Zoning Board of Appeals granted all necessary variances for the proposed construction as well as variances required for the legalization of existing structures on the property, and WHEREAS, on December 13, 2011, the Board of Trustees opened a public hearing on the site plan and subdivision applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the Board of Trustees closed the public hearing on December 13, 2011; and WHEREAS, on December 13, 2011, the Board of Trustees in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, adopted a Negative Declaration and approved the site plan and subdivision applications; and WHEREAS, on January 12, 2012, the Planning Board opened a public hearing on the applications for approval of a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit, 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 January 12, 2012; and WHEREAS, the Planning Board has considered the wetland permit standards set forth at Village Code §245-8(A) and recognizes the Applicant has proposed the removal of a building and the removal of pavement from the regulated stream buffer which will result in a reduction of the amount of impervious surfaces in the buffer and permit the restoration of naturalized vegetation in the areas currently occupied by the existing building and pavement, thereby improving the functionality of the stream buffer habitat; and WHEREAS, the Planning Board has considered the steep slopes work permit standards set forth at Village Code 5213-6 and recognizes the Applicant has proposed the creation of sufficiently stabilized steep slopes through the installation of stormwater facilities, namely a bioretention basin,which stormwater facilities will mitigate any potential for erosion after construction, changes in drainage patterns, or increase in run- off from new impervious surfaces; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. Page 7 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this Unlisted action undergoing an uncoordinated review, hereby adopts the attached Negative Declaration, ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Planning Board hereby grants a Permit to Perform Regulated Activities in a Wetland for property known and designated on the tax map of the Village of Rye Brook as Section 124.48, Block 1, Lots 1 and 2, shown on the Preliminary Survey Plat, dated September 30, 2011, subject to the following conditions: 1. All plantings required in the plan titled Landscape Plan, revised 10/27/11, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. 2. The Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. 3. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Advisory Council on Environmental Conservation, the Village Engineer or their designated representatives. b. All permits issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at 5 245-5(B)(7) of the Village Code. c. The permit holder shall provide written notification to the Village Engineer of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The approval authority's permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. Page 8 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. f The permit, including all conditions, shall be binding on all successors and assignees of the permit holder; and BE IT FURTHER RESOLVED, that for the reasons stated herein, the Village of Rye Brook Planning Board hereby grants a Steep Slopes Work Permit for property known and designated on the tax map of the Village of Rye Brook as Section 124.48, Block 1, Lots 1 and 2, shown on the Preliminary Survey Plat, dated September 30, 2011, subject to the following conditions: 1. The functionality of the bioretention 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 or repairs required. The owner's professional shall prepare a written summary report of each inspection, maintenance or repair 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. 2. The Applicant shall be responsible for maintaining, repairing and monitoring the stability of the steep slopes created through installation of stormwater facilities to the design standards intended, requirements of the Village Code and to the satisfaction of the Village Engineer and/or consultants. BE IT FURTHER RESOLVED, that no permits shall be issued by the Building Department or the Department of Public Works until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the resolution was adopted: Page 9 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES CONTINUED BUSINESS 4. 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 located at 250 Bowman Avenue, Rye Brook, NY, Parcel ID 124.48- 1-1 • Considering a report and recommendation WSP Sells addressed the Board on behalf of the City of Rye and gave a brief overview of the proposed project, advising that, in their opinion, all outstanding issues had been addressed. Mrs. Timpone-Mohamed gave the Board her comments based on the latest submission by the Applicant, advising that, save for one issue, her concerns had been addressed. She noted that the outstanding issue regarded tree removal. As she summarized, although the Applicant proposed to replant 17 trees, which was one more tree than required, the Applicant had failed to comply with the recommendation that a mix of native species be planted, as opposed to the one tree species proposed. The draft report and recommendation to the Village Board of Trustees was called for and Mrs. Gray read 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 APPLICATION FOR APPROVAL OF A SITE PLAN, Page 10 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... WETLAND PERMIT AND STEEP SLOPES PERMIT FOR THE BOWMAN AVENUE SPILLWAY SLUICE GATE I. PROJECT OVERVIEW On September 27, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a Site Plan, Wetland Permit and Steep Slopes Permit application to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by the City of Rye ("Applicant") to improve the existing Bowman Avenue Spillway with the installation of a new electrically- controlled sluice gate, back-up power generator, and a maintenance access driveway, on property owned by the City of Rye but located within the Village of Rye Brook and the Town/Village of Harrison along the south side of Bowman Avenue and designated as Section 141.26, Block 1, Lot 2 on the Town of Rye Tax Map ("Property"). The Property is located in the R-10 Zoning District and the Bowman Avenue Scenic Roads Overlay District. Installation of the proposed sluice gate was recommended to the City of Rye and Village of Rye Brook in a March 2008 Flood Mitigation Study of the Bowman Avenue Dam and Lower Pond prepared by Chas H. Sells, Inc. to analyze flood damage reduction measures and identify projects that may assist in flood mitigation. On April 15, 2009, the City Council of the City of Rye declared itself Lead Agency pursuant to SEQRA. On September 13, 2011, the BOT approved an Intermunicipal Agreement for the Page 11 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... construction, operation and maintenance of the sluice gate project and authorizing the Village of Rye Brook to contribute up to $136,710.00 toward the project. The project is estimated to cost approximately $2.2 million dollars. Westchester County will provide approximately 50% of the funding through its Flood Action Program, another $400,000.00 will be provided from a NYS Capital Assistance Program grant, and the City of Rye will contribute up to $546,840.00 to the project. Since the application has been submitted by a neighboring municipality as the Applicant and since the Village of Rye Brook is a participating agency in the project, on September 27, 2011, the BOT retained approval authority over all aspects of the project including Site Plan, Wetlands and Steep Slopes. The BOT also determined that the City of Rye shall be required to comply to the greatest extent practicable with the zoning requirements of the R-10 and Scenic Roads Overlay Districts but shall not be required to obtain a variance in the event such requirements cannot be met. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its October 13, 2011, November 10, 2011 and January 12, 2012 meetings. F.P. Clark Associates, the Village's Planning Consultant, provided Memoranda to the Planning Board dated October 10, 2011, November 4, 2011 and January 6, 2012 based on a review of the application and information provided by the Applicant and Village Staff. Page 12 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... A. F.P. Clark made the following planning comments in its January 6, 2012 Memorandum: 1. Standard Survey. A new sheet entitled "Deed Plotting with Topography and Proposed work Locations" dated January 6, 2012 was submitted in lieu of a survey. According to correspondence from WSP Sells,the graphic representation of the metes and bounds of the property shown on the sheet was developed from the filed deed. The metes and bounds boundary and proposed work locations are shown with Westchester County two-foot contour GIS topographic data. The Building Inspector and the Acting Village Engineer should determine if the new drawing is the reliable equivalent of a standard survey. 2. Zoning. Root ball and/or container size are not indicators of the size of the vegetation of proposed plants. The caliper size or height of proposed River Birches continues to be missing from the plant schedule shown on Sheet 6. We also note that the sizes of proposed Redbud and Inkberry shrubs are also not shown on the plant schedule. The missing plant sizes (as measured by plant height and spread, or for trees, caliper size) should be added to the plant schedule. 3. Tree preservation and the tree protection plan. A "Tree Condition Assessments" survey prepared by SavATree Consulting Group regarding trees within the limits of construction and trees outside the limits in the vicinity of the proposed construction was submitted. In addition, the plans included on Sheets 7 of 26 and 7A of 26 show the locations of existing trees to be protected during construction and those to be removed. We note that a tree protection construction detail is not included on either sheet. The plans should be revised to include the detail. According to the new information and plans, a total of 28 existing trees would be removed during construction. However, review of Sheets 7 and 7A reveal that there are errors and inconsistencies between the trees listed in the tree survey, the "to be removed" lists, and the trees graphically shown on the tree preservation plans as "to be removed." The Applicant should note that Chapter 235 of the Village Code does not regulate trees below a DBH of eight-inches; therefore, Page 13 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... replacement is not required if a tree to be removed is below a DBH of eight inches. On Sheet 7, the list of trees to be removed includes a seven-inch Black Locust that is not regulated and a regulated nine-inch Black Locust that is not shown graphically as "to be removed." The plan on the same sheet shows a 12-inch Black Locust and an 11-inch Sycamore Maple as "to be removed;" however, these two regulated trees are not on the "to be removed" list on the same page. On Sheet 7A there are four, six to seven-inch DBH trees included in the list of trees to be removed and shown on the plan that are not regulated. The list of trees to be removed also includes a regulated eight-inch Black cherry and a regulated eight-inch Sycamore Maple that are not shown graphically as "to be removed." The plan on the same sheet shows a 14-inch Ash, an eight-inch Siberian Elm, and a 24-inch Sycamore Maple as "to be removed;' however, the three regulated trees are not included in the "to be removed" list on the same page. The tree survey, the plans and the tree removal lists should be revised and coordinated to obtain an accurate total number of trees to be removed and accurate tree sizes, so that the required number of replacement trees can be calculated. We note that the current calculation of required replacement trees, based on the current number and sizes of trees to be removed is not compliant with Section 235-18. When the correct number of replacement trees is calculated, and verified by the Village Engineer, the landscape plan should be revised to add a mix of hardwood tree species of the required number to replace trees removed. Regarding planning for tree preservation to be considered by the Planning Board in their report and recommendation to the Trustees, the lists of trees to be removed include three trees (#8, a 30-inch Pin Oak, #106, a 55-inch Silver Maple, and #111, a 40- inch Silver Maple) that are larger than 30-inches DBH. According to Section 235-21 trees of these sizes are classified as Significant Trees, which require approval from the Board of Trustees if they are to be removed. While the Silver Maples are determined to be in poor condition in the tree survey, the 30-inch Pin Oak is in good condition. The Pin Oak, along with a 22-inch Black Walnut characterized as a specimen tree in the tree survey, would be removed to accommodate the temporary construction access road at the west end of the site. We recommend the applicant consider adjusting the location of the temporary road to save the two large native trees. Page 14 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 4. Landscape Plan. Based on our comments in Item 3, the landscape plan should be revised to include the required number of hardwood trees to replace regulated trees to be removed during construction. The plan should be revised to include a mix of several native hardwood species that are at least 2 — 2.5-inch caliper as required by Section 235-18. We note that the current landscape plan is not coordinated with the tree preservation plan that shows trees to remain in areas of new plantings. The near planting plan does not show the existing trees to remain, and does not appear to accommodate these existing trees. The landscape plan should be revised to show existing trees to remain, and adjusted to accommodate these trees in the plant layout. 5. Erosion and sediment control plan. The erosion and sediment control plan should be reviewed and approved by the Acting Village Engineer. 6. Construction Management Plan. A construction management plan narrative and drawing were provided for review. The plan and narrative should be reviewed and approved by the Village Engineer. At the October 13, 2011 meeting, City of Rye Planner Christian Miller presented the application to the Planning Board. Mr. Miller explained that pursuant to an Intermunicipal Agreement ("IMA") between the City of Rye and the Village of Rye Brook, the City of Rye is responsible for constructing, maintaining, operating, and inspecting the Sluice Gate. Mr. Miller also explained that the Sluice Gate is anticipated to provide modest flood reduction benefits downstream in the Village of Rye Brook. The Planning Board requested clarification and quantification of the benefits anticipated within the Village of Rye Brook. The Planning Board also requested modifications to the landscaping plan to provide a more attractive viewpoint from Bowman Avenue and avoid an "industrial' image. Page 15 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... In response to the Planning Board's comments and the outstanding items raised in the October 10, 2011 F.P. Clark Memorandum, the City of Rye provided revised plans and further information about the benefits anticipated within the Village of Rye Brook. These revisions were discussed by the Planning Board at its November 10, 2011 meeting. In particular, it was noted that the Sluice Gate is anticipated to reduce downstream water surface elevations in the vicinity of Wyman Street within the Village. Based on studies performed by WSP Sells, a 15-20% reduction in water flows was calculated during 5- and 10-year storms (i.e., a 4 to 6 inch reduction in water surface elevation) and an 8- 20% reduction in flows during 25-, 50- and 100-year storms (i.e., a 5 to 9 inch reduction in water surface elevations). WSP Sells' studies also conclude there are no upstream impacts anticipated to areas along the Blind Brook or the East Branch of the Blind Brook as a result of the Sluice Gate. The revised landscape plan provides the necessary restoration of the wetland buffer proposed to be disturbed and provides sufficient screening of the proposed generator, tank and other new and existing structures at the site. It was also noted that the Applicant has eliminated all proposed extremely steep slopes (35% or greater). The maximum proposed slopes are now 30% or less and sufficient slope stabilization is proposed. At the November 10, 2011 the Planning Board also acknowledged receipt of comments from the Westchester County Planning Board, dated October 31, 2011, that (1) the project is consistent with Wlestchester 2025 and County Planning Board policies Page 16 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... because the sluice gate will help control flooding on the Blind Brook; and (2) it is the County's understanding that an application for a County Stream Control Permit has been submitted. At the Planning Board's January 12, 2012 meeting, the Planning Board received a Construction Management Plan, Tree Preservation and Protection Plan, and Landscape Plan dated 1/12/12 which were submitted in response to the Village Planning Consultant's January 9, 2012 memorandum and which included the re-alignment of the temporary construction access road at the west end of the site to eliminate the need to remove two large native trees: a 30-inch Pin Oak and 22-inch Black Walnut. The Planning Consultant has reviewed these plans and found them to satisfactorily address her comments, with the exception that the 17 proposed replacement trees required pursuant to Chapter 235 of the Village Code should be revised to be a mix of at least three native, non-invasive, hardwood tree species. Further, it was also noted that the Town/Village of Harrison Planning Board recently granted approvals for that portion of the project that is within the Town/Village's municipal boundaries. Lastly, the Planning Board is also in receipt of a memorandum from Village Engineer/Superintendent of Public Works Michal Nowak recommending approval of the Applicant's request for a waiver from the requirement that a standard topographic survey be provided with the Site Plan application materials. Based on the scope of the proposed work the Applicant has provided a plan entitled, "Deed Plotting with Topography and Page 17 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... Proposed work Locations" dated January 6, 2012 which provides the graphic representation of the metes and bounds of the property developed from the filed deed. The metes and bounds boundary and proposed work locations are shown with Westchester County two- foot contour GIS topographic data rather than data obtained from a survey of the site by a licensed surveyor, except for the proposed work area which shows topographic data which was obtained through a field survey. The memorandum from the Village Engineer/Superintendent of Public Works Michal Nowak also finds the Erosion and Sediment Control Plan and the Construction Management Plan to be acceptable and finds that no additional stormwater management will be required. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the comments in set forth in the memoranda from F.P Clark the Planning Board recommends approval of the Site Plan, Wetland Permit and Steep Slopes Permit, provided the Tree Preservation and Protection Plan, and Landscape Plan, dated 1/12/12, have been revised to satisfy the Village Planning Consultant's outstanding comments regarding the 17 proposed replacement trees required pursuant to Chapter 235. Based on the recommendation of the Village Engineer/Superintendent of Public Works, the Planning Board also recommends approval of the Applicant's request for a waiver from the requirement that a standard topographic survey be submitted with the Site Plan application. Page 18 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve of the Site Plan, Wetland Permit and Steep Slopes Permit as set forth above. Dated:Rye Brook, New York January 12, 2012 Mrs. Timpone-Mohamed requested a change in the wording of the report to make sure the Board of Trustees understands that it is the species of the trees that needs to be addressed. A motion for discussion was made by Mrs. Schoen and seconded by Mr. Goodman. Mr. Tartaglia stated that he had taken a long look at this application and that as much as he agreed that the downstream areas needed help, he expressed concern about all the shortcuts taken with respect to the application including that it was not referred to Dolph Rotfeld's office for review. Mr. Tartaglia also criticized the determination that the requirement for a current topographic survey, which all homeowner-applicants are required to provide, was waived in this instance. Additionally, Mr. Tartaglia pointed out that there appeared to be a restriction in the original deed that had been given short shrift and should have been reviewed. He pointed out, furthermore, that the construction management plan was poorly developed in that it failed to consider impacts on the nearby Middle School. The applicant also failed to provide information regarding future site conditions and how they might be monitored. In conclusion, Mr. Tartaglia stated that, in his opinion, the area was not properly maintained. Mr. Tartaglia stated he would not recommend approval of the application as-is.. Mr. Grzan expressed concern that even though the proposed sluice gate was located in Rye Brook, that it would be the City of Rye that would be controlling the gate. Mrs. Schoen echoed Mr. Tartaglia's concerns with the meager construction management plan and also took issue with certain language in the report and recommendation regarding the maintenance of the project during and after it is completed. Mike Nowak addressed the engineering issues stating that the present application proposed a multifaceted project involving a number of agencies. The City of Rye was lead agency with Rye Brook being a co-applicant. Both entities decided to pursue the services of WSP Sells to perform the studies and engineering behind the project. The application did not go to Mr. Rotfeld for review because a professional had been selected who was experienced in this type of application. WSP Sells is representing the City of Rye and also is the consultant for the Page 19 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... Village of Rye Brook. With regard to the survey, Mr. Nowak noted that the site is an 11 acre area that is heavily wooded. Information regarding the physical character of the site was available through Westchester County GIS. The 2009 data is accurate enough to act as a topographic survey for the site and it was plotted on a map. The information includes baseline topography for the overall site. In regard to the construction management plan, the project is in the vicinity of the Port Chester Middle School. The draft construction management plan states that construction equipment will be routed on I-95 and I-287. Ridge Street and the eastern portion of Bowman Avenue would not be utilized by construction traffic. Mr. Nowak pointed out that the equipment would be off-loaded on site and that there was a stabilized staging area on the construction plan. It was also noted that the draft construction management plan covered maintenance of the site during construction. HDR reviewed the construction management plan and found it to be appropriate. With regard to control of the new operative sluice gate, it would be an automated system, with checks and balances built into it. The operation of the gate would be based on a program set up specifically for the site, with meters located upstream and downstream. There would also be a manual override, in case of an emergency. In short, the operation of the gate would be subject to specific mandates and the City of Rye, being the lead agency, would be expected to have prime access to the gate. But Rye Brook also would have access to the same portal, with 24 hour access to the program and the storm center. Rye and Rye Brook would have access to the same information. Rye would be required to share information with Rye Brook so that Rye Brook would be able to monitor what was happening in connection with the gate. Chairman Zuckerman was not comfortable substituting his opinion for experts. Expert opinion indicated that flooding would be alleviated to some extent downstream with no upstream impacts. With regard to maintenance, that was addressed in the IMA. The main concern, other than engineering, was landscaping and with respect to this issue Mrs. Timpone-Mohamed had made recommendations with which the applicant is prepared to comply. . The purpose of the application is to improve the operation of the dam. Most importantly, the project has been developed pursuant to an inter-municipal agreement, which renders the application unique. Both the City of Rye and the Village of Rye Brook have been in complete accord regarding the need for the project. Mr. Goodman agreed with Chairman Zuckerman's comments but expressed uneasiness because the nature of the application means that the Planning Board was not going to be privy to all the information it would normally have when reviewing an application. Although acknowledging that the Village Board has the final word, Mr. Goodman expressed concern that the flow of information was limited and that in the future consideration should be paid to providing the Planning Board with more comprehensive information even in the context of an inter-municipal agreement. Mrs. Gray addressed certain legal issues implicated by the Board's comments. In regard to Mrs. Schoen's concern about modifications of the sluice gate, Mrs. Gray Page 20 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... advised that the IMA between the City of Rye and Rye Brook identified all the responsibilities and obligations of both municipalities. She noted that the document makes it clear that the City of Rye cannot modify the operations, maintenance, or inspection schedules regarding the gate unless Rye Brook is notified in advance. The City of Rye cannot make any changes without written documentation from an engineer and no changes can be made that would be adverse to Rye Brook . In regard to the restrictive covenant brought up by Mr. Tartaglia, Mrs. Gray indicated that her office would look into it. There being no further questions or comments, Mr. Nowak called the roll and the Report and Recommendation was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA NO CHAIRMAN ZUCKERMAN YES Mrs Gray read the resolution referring the Report and Recommendation to the Village Board of Trustees: January 12, 2012 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED APPLICATION FOR APPROVAL OF A SITE PLAN, WETLAND PERMIT AND STEEP SLOPES PERMIT FOR THE BOWMAN AVENUE SPILLWAY SLUICE GATE 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, Wetland Permit and Steep Slopes Permit for the Bowman Avenue Spillway Sluice Gate and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. Page 21 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was adopted: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA NO CHAIRMAN ZUCKERMAN YES 5. Review of a Site Plan Application by United Water of Westchester for the installation of poles and remote reading devices to be located in various rights of way in the Village. Chairman Zuckerman gave a brief overview of the project. There are 14 potential sites, of which the Planning Board considered five to be acceptable and two to be unacceptable. The two unacceptable sites were Parkwood Place and Hillcrest Avenue. Planning Consultant, Marilyn Timpone-Mohamed, stated that she went out with United Water to the two areas in an effort to find other locations in the vicinity of the proposed locations that would be more acceptable. United Water gave an overview of the project and what it entailed, adding that it was at a point where the choices proposed are the last ones possible because the system won't work otherwise. Without the two sites found to be unacceptable, the concern was that data coverage would have gaps. Mrs. Timpone-Mohamed addressed the Board, pointing out that at the December meeting, it was determined that the two sites mentioned, Parkwood and Hillcrest, were not acceptable. She went out with United Water and reviewed alternate sites. The criterion used to determine acceptability was that the location would minimize the visual impacts to surrounding residential properties. She also advised the Board that by eliminating Parkwood Place they would need to consider two additional sites for each of the unacceptable sites because of elevation changes in the area. The site at Hillcrest was reviewed and two potential alternative sites were presented. Rather than putting poles on the residential side of the street, it was suggested that the applicant consider utilizing the right of way on the high school side of the street, which would provide 4 possible additional placement locations along College Avenue, Neuton Avenue and Tamarack Road. Mr. Timpone-Mohamed preferred the alternative sites on Tamarack and Neuton. Page 22 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... Chairman Zuckerman explained that in the report and recommendation he would like the Planning Board to reconsider requiring the Applicant to send notices to surrounding homeowners. He asked the Board for their opinion/preference on the Hillcrest area alternate locations and expressed the view that the Port Chester School district be contacted in regard to placing the poles on the school side of the right of way. The Board favored the third option that would allow poles to be located on Neuton Avenue South at the entrance to the high school where another pole already stands. The Parkwood Place alternatives are at Fairlawn Parkway and Ridge Street. Chairman Zuckerman did not agree with these sites and proposed that the following be inserted into the proposed Report and Recommendation:"that the Planning Board finds neither alternative location set forth to be acceptable and that the Planning Board requests that another alternative be found that is acceptable to the Board of Trustees." Chairman Zuckerman added that the Planning Board is only a recommending body for the application. It has done its job by reviewing possible alternatives and coming to a consensus on most of the sites. He recommended that the application not be held by Planning Board because the seventh site could not be determined. Chairman Zuckerman asked for comments from the Public: Les Tolchin of 18 Parkwood Place appreciated the Board's concern relative to the Parkwood place location. He felt that the installation of a pole would adversely affect the character of the neighborhood, and depress home values. He claimed to have polled people on the street and everyone was opposed to the location.: He believes residents and taxpayers take as much interest as the Board in how the Village looks, -- and Mr. Tolchin expressed his appreciation for the technology and the Applicant's concerns. Mr. Funtleyder of 17 Beechwood Blvd said he just happened to find the notice sign about a pole and asked if there would be a pole located on Beechwood Boulevard. The response was no, the proposed pole was moved to a location on Edgewood Drive. Joe Askinasi of Fairlawn Parkway and Country Ridge Drive also found a sign and noted that they are located at the low point of the Village topography and he was not sure why Fairlawn Parkway was chosen as a site. Maurice Paplousky of Country Ridge Drive said where his garage is located, would cause the proposed pole to be constantly in his field of view. He noted that the poles are intended to save United Water money so why shouldn't the Village charge the company rent to locate the poles. Page 23 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... The draft Report and Recommendation was called for and Mrs. Gray read 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 FOR THE INSTALLATION OF AUTOMATED METERING INFRASTRUCTURE BY UNITED WATER WESTCHESTER, INC. AT VARIOUS SITES THROUGHOUT THE VILLAGE I. PROJECT OVERVIEW On October 11, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a Site Plan application to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by Edward Hackney, Director of Engineered Systems, ("Applicant") on behalf of the owner, United Water Westchester, Inc. ("UWW"), to install meter-reading collector boxes on utility poles at various sites throughout the Village. The purpose of the proposed infrastructures is to allow UWW to improve service to water customers by using "Smart Grid" technology to wirelessly read water meters. The Applicant submits that benefits of the infrastructure include the ability to better locate sources of lost water from the system, rapid notification of leaks, use of fewer vehicles to monitor meters, and online access for customers to view current and historic consumption data. The utility poles are proposed to be 40 feet high with a four foot receive-only antenna mounted at the apex of the pole. Therefore, the total height of the poles will be approximately 43-44 feet. Mounted on the poles will also be four metal boxes of various sizes which will include a Con Edison electric meter box, Main Disconnect Panel, R900 Wireless Gateway Enclosure with transmitter, and a transformer box. Page 24 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... The Applicant proposes to install the infrastructure at seven locations throughout the Village. Most are located within the Village's right-of-way or on property otherwise owned by the Village (i.e. Pine Ridge Park, King Street Ballfields). However, two locations are privately- owned (i.e. Belle Fair Pump Station at 700 Anderson Avenue owned by the Applicant, and the Belle Fair Bell House and Flag Pole owned by the Belle Fair Homeowners Association'). Four of the seven proposed locations include a near-by alternative location for consideration. The following are the proposed sites and alternatives advanced by the Applicant: 1. UWW Belle Fair Pump Station (700 Anderson Hill Road) 2. Belle Fair Blvd Bell House at Club House; orBelle Fair Blvd Flag Pole at Common 3. Berkley Drive Right-of-Way; or Pine Ridge Park Flag Pole 4. Tamarack Road Right-of-Way; or Hillcrest Avenue Right-of-Way 5. King Street Ballfield Flag Pole 6. Edgewood Drive Right-of--Way; orBeechwood Blvd Right-of-Way 7. Parkwood Place Right—of-Way As discussed below, the Planning Board objected to the Tamarack Road/Hillcrest Avenue and Park-wood Place locations due to visual impacts to the surrounding residential neighborhood. As a result the Applicant proposed alternatives locations which will be discussed herein. I The Belle Fair Homeowners Association and the Applicant have executed a Right of Entry to allow the Applicant to install the proposed improvements at the Bell House on Belle Fair Boulevard. Page 25 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its November 10, 2011, December 8, 2011 and January 12, 2012 meetings. F.P. Clark Associates, the Village's Planning Consultant, provided Memoranda to the Planning Board dated November 30, 2011 and January 3, 2012 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 January 3, 2012 Memorandum: 1. Installation Locations. During the December Planning Board meeting the Board reviewed all the potential metering locations proposed by the Applicant. The Board was in favor of the building mounted location in BelleFair agreed to by the Home Owners Association. The Board also favored the flag-pole-in-the- park locations at the King Street ball fields and Pine Ridge Park, and had no objections to the wood pole locations in the Edgewood Drive cul-de-sac, and the UW W property on Anderson Hill Road. However, the Board objected to all options presented for the Hillcrest Avenue and Parkwood Place locations, directing the Applicant to select additional alternatives for both locations that would create less of a visual impact in the surrounding residential neighborhoods. Since the last meeting, additional locations were selected by the Applicant. Our office visited the new potential sites with representatives for the Applicant and the list of potential locations was refined and augmented further based on the site IV71sits. The revised plans prepared by CDM include new potential wood pole locations in the right-of-way adjacent to Port Chester High School on Neuton Avenue, Tamarack Road, and College Avenue for the Board to consider as alternatives to the original Hillcrest Avenue/Tamerack Road locations (Options 1 and 2). In addition, locations on North Ridge Street, and Fairlawn Parkway west of Country Ridge Drive are offered as alternatives to the original Parkwood Place location proposed. Page 26 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 2. Receiving Area Coverage. At the last Planning Board meeting, members of the Board asked, based on the receiving area coverage map, if the number of installations in Rye Brook might be reduced from the seven proposed. After the Planning Board reviews the new alternative locations presented and determines which they would be willing to recommend to the Village Trustees, the coverage area map should be revised to illustrate the locations recommended by the Planning Board. The Applicant should clarify if the revised locations affect the number of locations proposed. 3. Mitigating Visual Impacts. We continue to recommend that the Applicant consider additional mitigation measures to reduce the visual impacts of the poles and equipment boxes. Reducing the height of the poles, and/or locating the equipment boxes at ground level behind landscape screening should be considered. 4. Maintenance and Decommissioning the AMI Infrastructure. The Applicant should provide information regarding maintenance of the new facilities proposed and their intentions regarding removal of the installations, including the utility poles if, and when the new system becomes obsolete. We recommend that a maintenance schedule for painted poles be considered for a condition of approval to ensure that the visual quality of each pole is maintained in future. We also recommend that removal and restoration plans become a condition of approval to ensure that all equipment and dedicated mounting poles are removed and the areas where they were located restored when the A:NlI system or individual metering locations are no longer functional. At the November 10, 2011 meeting the Planning Board discussed various aspects of the application including ownership of the proposed locations, whether they can locate on existing Con Edison poles, and authorization from Belle Fair Homeowners' Association for location of infrastructure on their property. Additionally, the Applicant presented and described each of the proposed locations. Page 27 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... At the December 8, 2011 meeting, the Planning Board engaged in a comprehensive review of each of the proposed locations. The consensus of the Planning Board was that it preferred the following locations for the following reasons: UWW Belle Fair Pump Station (Anderson Hill Road) The UWW Belle Fair Pump Station (Anderson Hill Road) is well screened and is already the site of existing UXXW equipment. Belle Fair Blvd Bell House at Club House Since the proposed Belle Fair sites are located on private property owned by the Belle Fair Homeowners' Association (`BFHA"), UWW sought and received authorization from the BFHA to file the Site Plan application which included the Bell House and the Flag Pole as proposed locations. However, as conveyed by the Applicant and as demonstrated by the Right of Entry agreement between the Applicant and the BFHA, the BFHA's preferred location is the Bell House. This location requires the installation of an antenna at the top of the Bell House, but otherwise all infrastructure can be located inside the existing structure therefore visual impacts are minimized to the maximum extent possible. Pine Ridge Park Flag Pole The Planning Board prefers the Pine Ridge Park Flag Pole location over the alternative Berkley Drive Right-of-Way location because it results in less visual impacts to the surrounding neighborhood. Page 28 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... King Street Ballfield Flag Pole The Planning Board prefers this location because it minimizes visual impacts. The Applicant stated at the December Planning Board meeting that this location will be one of the last installations and if the coverage from the prior installations is sufficient, this location may not be necessary. However, the Applicant will not know whether the location is needed until the other installations are operational. Edgewood Drive Right-of-Way The Planning Board prefers this location over the proposed alternative Beechwood Blvd. location because it will produce less visual impacts to the surrounding neighborhood. The Applicant has proposed to locate the Edge`vood Drive Right-of-Way pole adjacent to an existing utility pole on the cul-de-sac and not in the direct line of sight of pedestrians and drivers proceeding along Edgewood Drive toward the cul-de-sac. The Planning Board objected to the Tamarack Road/Hillcrest Avenue Right-of-Way and Parkwood Place Right-of-Way locations because of their visual impact on the nearby residential neighborhoods. Specifically, the Tamarack Road/Hillcrest Avenue locations were objectionable because the houses in that area are close to the street, the streets are narrow, and the grade change will result in the poles appearing taller than their actual height. The Parkwood Place locations would similarly result in visual impacts to the surrounding neighborhood. Although the Applicant stated the Parkwood Place location is important for maximizing coverage due to its elevation, the consensus of the Planning Board was that it would prefer more poles throughout the Village in more desirable locations rather than fewer poles in locations that resulted in greater Page 29 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... visual impacts. The Planning Board requested that the Applicant propose alternative locations for those sites which would have less impact on residential areas. Revised plans were submitted which include new potential locations in the rights-of-way adjacent to Port Chester High School on Neuton Avenue, Tamarack Road, and College Avenue for the Board to consider as alternatives to the original Tamarack Road/Hillcrest Avenue locations. In addition, locations on North Ridge Street, and Fairlawn Parkway west of Country Ridge Drive were offered as an alternative to the original Parkwood Place location. In reviewing these alternatives, the Village Planning Consultant recommended choosing a location that would be the least obstructive of views from and to residences (such as location opposite the street terminus of common side lot lines as opposed to opposite the center line of a lot nearer typical residential entries and windows) and a location which is the least impactful to views to and from Port Chester High School. The consensus of the Planning Board was a preference for the Neuton Avenue Right-of-WaT (Option #3).The Planning Board prefers this location over the proposed alternatives because it will produce less visual impacts to the surrounding neighborhood. Particularly,it is located near an already existing pole and will be less impactful to views to and from Port Chester High School. For the same reasons the Planning Board objected to the Parkwood Place locations the Planning Board objects to the proposed alternative locations on North Ridge Street and Fairlawn Parkway. The Planning Board notes that according to the Applicant, both the North Ridge Street and Fairlawn Parkway locations would be necessary to replace the Parkwood Place location to ensure proper coverage. Other items discussed by the Planning Board include whether and to what extent a Construction Management Plan is necessary; whether and to what extent a License Agreement Page 30 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... with the Village is necessary for construction in the Village's Right-of-Way and other property owned by the Village; plans for decommissioning the poles once they are obsolete or no longer in use; and whether the technology will create any harmful radio frequency interference. The Applicant submitted a Construction Management Plan narrative which describes typically installation procedures, traffic control, hours of operation and duration of construction, and site restoration. The Construction Management Plan was reviewed by the Village Engineer/Superintendent of Public Works and found to be acceptable. The Village Engineer/Superintendent of Public Works also found that based on the scope of construction Erosion and Sediment Control measures are not necessary except that placement of straw may be necessary over disturbed areas to promote grass germination. Lastly, the Village Engineer/Superintendent of Public Works recommended approval of the requested waiver from site plan submission requirements due to the unique and limited nature of the development proposed in the application, subject to the conditions set forth in the review memorandum from the Village Engineer/Superintendent of Public Works. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the issues raised by F.P. Clark's Memorandum and subject to the conditions set forth below, the Planning Board recolalaends approval of the Site Plan for installation of meter reading boxes on utility poles in the following locations: 1. UWW Belle Fair Pump Station (700 Anderson Hill Road) 2. Belle Fair Blvd Bell House at Club House 3. Pine Ridge Park Flag Pole 4. King Street Ballfield Flag Pole Page 31 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 5. Edge-wood Drive Right-of-Way 6. Neuton Avenue Right-of-Way The Planning Board does not recommend the Parkwood Place locations or the alternative locations presented at the January 12, 2012 meeting. Since neither alternative locations are acceptable, the Planning Board requests another alternative be found that is acceptable to the Board of Trustees. The Planning Board further recommends that approval of the application be subject to the following conditions: 1. The poles to be installed shall be no greater than 44 feet in height, including the receive-only antenna to be mounted at the apex of the pole. The poles shall be wood except for those that will also serve as a flagpole in which case the pole shall be either fiberglass or galvanized steel. If the fiberglass or galvanized steel poles are painted, the color chosen shall be a light, neutral color and shall be reviewed and approved by the Superintendent of Public Works or the Building Inspector. 2. Photovoltaic panels shall not be used to power the proposed equipment. 3. The number of approved locations shall be the maximum number of locations permitted and the Applicant shall perform the installation of the infrastructure so as to minimize the number of utility poles that must actually be installed. 4. Prior to the issuance of a Street Opening Permit or Building Permit, a Maintenance Plan and Schedule shall be submitted to the Superintendent of Public Works for review and approval to ensure that the visual quality of each pole is maintained in the future. 5. Prior to the issuance of a Street Opening Permit or Building Permit, removal and restoration plans must be submitted to the Superintendent of Public Works for review and approval to ensure that when the AAAII system or individual metering locations are obsolete, no longer functional, or otherwise no longer in use, all equipment and dedicated mounting poles will be removed and the areas where they were located will be restored to their condition prior to the installation of the poles and/or other infrastructure. 6. Prior to the issuance of a Street Opening Permit or Building Permit, a NO'S licensed surveyor shall stake each location of all proposed poles so as to properly field locate the pole installation location. Page 32 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 7. A final as-built survey shall be provided at the time of completion of each pole and prior to the closing out of each respective Street Opening Permit or Building Permit. To further reduce any visual impacts associated with the poles and equipment boxes, the Planning Board recommends that the Board of Trustees consider additional mitigation measures such as landscaping, reducing the height of the poles, and/or locating the equipment boxes at ground level behind landscape screening, provided such measures do not create concerns of safety or vandalism, or substantially impede the functionality of the infrastructure. The Board of Trustees should also consider whether and to what extent a License Agreement should be required for those locations within the Village's Right-of-Way or otherwise on Village property. Due to questions raised about radio frequency emissions from the proposed installation, the Board of Trustees should consider referring the application to an outside consultant to review these issues. Although HDR would normally perform this review, HDR serves as a consultant for UWW and cannot review this application on behalf of the Village. The Planning Board also recommends the Board of Trustees reconsider its waiver of the public notice mailing requirements as set forth in Village Code §250-40. The Planning Board also recommends that the Board of Trustees consider requesting the Applicant approach the Port Chester Union Free School District about the possibility of the Applicant installing a flagpole on school property in lieu of the Neuton Avenue right-of-way location. Lastly, due to the particular character and limited nature of development the Applicant has requested waivers from the site plan checklist requirements. The Planning Board recoyzl�lends, based on a recommendation by the Village Engineer, that such waivers be granted by the Board Page 33 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... of Trustees, subject to the conditions set forth above and in the Village Engineer/Superintendent of Public Works'January 12, 2012 Memorandum. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the Site Plan application subject to the conditions set forth herein. Dated: Rye Brook, New Fork January 12, 2012 A motion for discussion was made by Mrs. Schoen and seconded by Mr. Goodman. Mr. Grzan believed the report was incomplete and thought that it was necessary to work further with the applicant to locate a viable seventh site. He expressed the view that locating a seventh site was part of the Planning Board's mandate under the terms of the resolution of referral and Report and Recommendation. Mrs. Timpone-Mohamed believed that the issue of what sites were viable would necessarily have to await a public hearing because the information provided by residents would be important. Chairman Zuckerman expressed the opinion that the application had been reviewed sufficiently for the Planning Board to send a Report and Recommendation to the Board of Trustees. Mr. Nowak called the roll and the Report and Recommendations was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN NO MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution submitting the report to the Board of Trustees: January 12, 2012 APPROVED Page 34 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN FOR THE INSTALLATION OF AUTOMATED METERING INFRASTRUCTURE BY UNITED WATER WESTCHESTER, INC. AT VARIOUS SITES THROUGHOUT THE VILLAGE 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 for the installation of Automated Metering Infrastructure by United Water Westchester, Inc. at various sites throughout the Village, 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. Tartaglia, Mr. Nowak called the roll, and the resolution was adopted:: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES NEW BUSINESS 6. Review of a Site Plan Application by Jeanne Colangelo for a second story addition to a single family structure within the North Ridge Street Scenic Road Overlay District for the property located at 143 North Ridge Street, Rye Brook, NY, Parcel ID 135.51-1-81 • Considering a Resolution setting a public hearing Mr. Peter Klein, Architect for the applicant addressed the Board and gave an overview of the project. The purpose of the addition was to accommodate the Applicant's growing family. Chairman Zuckerman advised that this application was before the Board because it would expand the floor area of the home by more than 50 percent and the site is located in the Scenic Road Overlay District. The zoning review showed that for the Page 35 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... application to be approved a variance from the maximum allowable gross floor area would be required. He explained that from the standpoint of procedure, while the Planning Board is prepared to set a date for public hearing, the application will need to be reviewed by the Zoning Board of Appeals. In order to save time both reviews should be pursued at the same time. The resolutions were called for and Mrs. Gray read the resolution setting the Public Hearing: January 12, 2012 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 143 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Jeanne Colangelo, property owner submitted an application for approval of a site plan to construct a second floor addition on an existing home located at 143 North Ridge Street, in the R-10 zoning district and the North Ridge Street Scenic Road Overlay District (SROD), Section 135.51, Block 1, Lot 81 as shown on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on February 9, 2012 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 Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the resolution was adopted: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES Page 36 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution sending the application to the Zoning Board: January 12, 2012 APPROVED RESOLUTION REFERRING A SITE PLAN TO CONSTRUCT A SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AT 143 NORTH RIDGE STREET TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Jeanne Colangelo, property owner, has made an application to the Village of Rye Brook for approval of a site plan to construct a second story addition to an existing home located at 143 North Ridge Street in the R-10 zoning district and the North Ridge Street Scenic Roads Overlay District (SROD), Section 135.51, Block 1, Lot 81 on the Town of Rye Tax Assessor's Map; and WHEREAS, the residence and site plan, as proposed, would require the following variance for approval of the site plan pursuant to a zoning analysis conducted by the Village Building Inspector: The maximum permitted gross floor area is 2,907 square feet. The proposed second story addition will result in a gross floor area of 2,984.60 feet. A gross floor area variance of 77.6 feet; and WHEREAS, the following planning issues are identified by the Planning Board for the Zoning Board of Appeals consideration: 1. The proposed second story addition is proposed within the footprint of the existing home; and Page 37 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... 2. The proposed second story addition is not located within the Scenic Roads Overlay District expanded front yard or vegetative buffer. 3. The proposed second story addition will not result in the disturbance of more than 400 square feet of land and therefore a Stormwater Management Plan is not required; and WHEREAS, the Planning Board believes that pursuant to § 179-12(A) of the Village Code the application should be referred to the Zoning Board of Appeals for a determination on the required area variances while the Planning Board continues its review of the site plan application; and WHEREAS, on January 12, 2012 pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAI) prepared by the Applicant, determined the proposed action to be Type I1, requiring no further review pursuant to the requirements of SEQRA; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby refers the site plan application listed herein to the Zoning Board of Appeals for a determination on the area variances. BE IT FURTHER RESOLVED, once the determination has been made by the Zoning Board of Appeals regarding the area variances, the applicant shall return to the Planning Board for final site plan review with any revisions, if necessary, to the proposed project based upon the Zoning Board of Appeals determination. On a motion made by Mr. Grzan and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was adopted: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES 7. Review of a Site Plan Application by Joe Lentini on behalf of Win Ridge Realty (Rye Ridge Plaza) for parking lot improvements, an information Page 38 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... kiosk and a fenced in trash receptacle enclosure for the property located at 1-34 and 100-150 South Ridge Street, Rye Brook, NY, Parcel ID 141.27.-1-1 and 141.27.-1-6 • Considering a report and recommendation Peter Stahl of Win Ridge Properties addressed the Board and gave an overview of the project. Chairman Zuckerman explained that in regard to the Disabled Parking spaces, the number of spaces and the locations of the spaces were not adequate and he personally favored adding more spaces. Mr. Accurso asked if the existing parking area was deficient in Disabled Parking spaces, to which Mr. Stahl responded that the shopping center was not deficient, but that there are new ADA requirements that the existing handicapped access spaces be expanded. Mr. Stahl explained that a lot of work was put into adding new ADA compliant parking spaces while trying to keep the same number of standard parking spaces available, and that the Applicant was proposing to exceed ADA requirements. Mrs. Timpone-Mohamed discussed her comments regarding parking and believed that the applicant should review and update the existing parking study to make sure that all the excess parking spaces identified in the study would not be eliminated by the proposed alterations to the site plan. She noted that the trash container was in a much better location than what was proposed by an earlier application, and because it was to be set into the hill it would be less visible from the street. Her concern regarding the location proposed, however, was that because the trash container was proposed to be located in the front yard, in the Bowman Avenue Scenic Road Overlay District, a variance would be required. Chairman Zuckerman added that the problem confronted by the Board in regard to the parking area is a long standing one. While it would make sense to change the Code to facilitate parking lot changes to accommodate changing needs, it would be a very difficult task. As it is, the Village Code standards by which one can determine the required number of off-street parking spaces for a use are inadequate when applied to a shopping center. Application was adjourned to February 9, 2012. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned by unanimous voice vote at 11:06 pm. Page 39 of 41 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, January 12,2012- 8:00 p.m. ............................................................................... Page 40 of 41