HomeMy WebLinkAbout2012-02-09 - Planning Board Meeting Minutes Approved:August 9,2012
VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday February 9, 2012 - 8:00 p.m.
ROLL CALL
MINUTES
1. Review of the October 13, 2011 minutes
AFFORDABLE HOUSING
2. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing
for the parcel located at 525 Ellendale Avenue, Rye Brook, NY, Parcel ID 141.27-1-
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PUBLIC HEARING
3. Review of a Site Plan Application by Jeanne Colangelo for a second story addition
to a single-family structure within the 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
CONTINUED BUSINESS
4. Review of a Site Plan Application by Joe Lentini on behalf of Win Ridge Realty
(Rye Ridge Plaza) for parking lot improvements, a customer kiosk and a fenced in
trash receptacle enclosure at the property located at 1-34 and 100-150 South Ridge
Street, Rye Brook, NY, Parcel 1D 141.27.4-1 and 141.27.-1-6
• Considering a Report and Recommendation
NEW BUSINESS
ACTION ON NON-AGENDA MATTERS
Subject to consent of Planning Board Members present at the meeting.
PRESENT
BOARD Mr. Dominick Accurso, Jr.
Mr. Robert Goodman
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Mr. John Grzan
Mr. Bill Laufer
Mrs. Amy Schoen
Chairman Gary Zuckerman
EXCUSED Mr. Dan Tartaglia
STAFF Mrs. Jennifer Gray, Village Counsel
Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant
Mr. Mike Nowak, Jr., Acting Village Engineer
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 the Planning Board Rules
of Procedure can be found on the Village web site and that the Planning Board
meetings can be viewed on streaming video.
MINUTES
1. Review of the October 13, 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 Lou Larizza for Fair and Affordable Housing
for the parcel located at 525 Ellendale Avenue Rye Brook, NY, Parcel ID 141.27-1-
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Chairman Zuckerman explained that there had been a series of memos between Mrs.
Timpone-Mohamed and Mr. Neuringer and the latest reply from Mr. Neuringer was
received today. While the Board is grateful for his prompt response there are still
outstanding issues. The Board is aware that at some future point in time, the applicant
will be making an application for a zoning change under the new Fair and Affordable
Housing FAH District regulations, which will require a pre-submittal conference and a
referral from the Board of Trustees. Chairman Zuckerman stated his belief that the
Planning Board was unable to have a meaningful discussion at this point in time since the
members of the Planning Board did not have a chance to review and compare the
information regarding requested variances. The best procedure would be that the matter
is adjourned to a date when it will be heard again after the submission of the Petition to
be included in the FAH District. After the pre-submission conference, the matter would
be placed back on the agenda at the appropriate time.
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Chairman Zuckerman believes that Mrs. Gray had previously submitted a memorandum
to Mr. Neuringer that contained a copy of the new Fair and Affordable Housing
legislation as well as an instruction sheet for submitting the petition that is required
pursuant to the law.
Mr. Accurso asked if there were any stone walls along Ellendale Avenue that would
serve as a precedent for the stone wall being proposed by the applicant, who submitted
photographs of an existing wall representative of the proposed wall for the Board to
review. Mr. Neuringer responded that there are fences but no stone walls. A similar
stone wall to that which is being proposed can be viewed at the affordable housing units
that were built on Cottage Street in Port Chester.
Adjourned
PUBLIC HEARING
3. Review of a Site Plan Application by Jeanne Colangelo for a second story addition
to a single-family structure within the 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
On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the
roll and the Public Hearing was opened:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA ABSENT
CHAIRMAN ZUCKERMAN YES
Chairman Zuckerman explained that the application proposes to increase the floor area
of the home by more than 50% and the property also lies in the North Ridge Street Scenic
Road Overlay District. Since the meeting when the Public Hearing was scheduled, plans
have been revised and the Building Inspector has advised that a variance is no longer
required.
Mr. Peter Klein, Architect for the Applicant addressed the Board and stated that
comments from the last meeting and Mrs. Mohamed's memo have been addressed and
that he is looking to move ahead with the project.
Mrs. Mohamed responded that FPCA received a letter from the Applicant's Arborist
explaining that the homeowner wants to save the tree that is in proximity to the
construction. The Arborist was of the opinion that he could adequately prune the tree to
save it and still allow construction of the second story addition.
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Mr. Nowak reported that the project does not require storm water management. It is his
recommendation to allow waivers for the requested items in the Site Plan Check List
because the project is limited and will not disturb grade. He is in agreement with the
Arborist in regard to saving the tree,
There were no comments from the public.
Mrs. Schoen asked about traffic to and from the construction site. Mr. Klein responded
that the plan shows the construction management plan and he believes that there would
be no adverse impacts from construction traffic, since the project is limited to a small
addition, and there is adequate on-site storage areas for materials and for parking as well.
Mr. Accurso asked about the zoning calculations, the errors brought up at the last
meeting, and that the continued inaccuracy of the zoning table. A brief discussion relative
to same ended with a request from the Board to Mr. Nowak to follow-up after the
meeting to verify that the corrections to the zoning table are made.
On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the
roll, and the Public Hearing was closed:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA ABSENT
CHAIRMAN ZUCKERMAN YES
Mrs. Jennifer Gray, Village Counsel, read the resolution:
February 9, 2012 APPROVED 6-0
RESOLUTION
APPROVING A SITE PLAN TO CONSTRUCT A SECOND STORY ADDITION
TO A SINGLE-FAMILY DWELLING AT 143 NORTH RIDGE STREET
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
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WHEREAS, the Planning Board reviewed the following plans and application
materials:
1. Revised Exterior Building Application
2. Revised Site Plan Application and Checklist
3. Short Environmental Assessment Form
4. Survey, prepared by Aristotle Bournazos, P.C., New Rochelle, N.Y., dated
October 22, 2011
5. Letter to the Building Department, no date, from Peter Klein Associates, Inc, Rye
Brook, N.Y.
6. Architect's Plans, prepared by Peter Klein, Associates, Inc., Rye Brook,N.Y.:
Sheet Number Sheet Title Dated
No number Site Plan No date
A-1 Plot Plan 6/21/11 rev. 1/21/12
A-2 First and Second Floor Plans 6/21/11 rev. 1/21/12
A-3 Elevations 6/24/11 rev. 1/21/12
A-4 Basement Floor Plan 6/21/11 rev. 1/21/12
WHEREAS, on January 12, 2012 the Planning Board of the Village of Rye
Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined
the proposed action to be a Type II Action requiring no additional review under SEQRA;
and
WHEREAS, the Applicant requests a waiver of certain documents listed on the
Site Plan Review Check List as those required for submittal related to Scenic Road
Overlay District buffers and vegetative cover; and
WHEREAS, the Village Planning Consultant, Village staff and the Planning
Board reviewed the information and submitted comments regarding the application,
potential impacts to the Scenic Road Overlay District, and the requested waiver; and
WHEREAS, on January 12, 2012 the Planning Board referred the application to
the Zoning Board of Appeals for consideration of a gross floor area variance; and
WHEREAS, the Applicant subsequently made modifications to the site plan to
reduce the proposed gross floor area thereby eliminating the need to seek a variance from
the Zoning Board of Appeals; and
WHEREAS, the Planning Board is familiar with the site and all aspects of the
project; and
WHEREAS, on February 9, 2012, the Planning Board opened a public hearing
on the subject application, at which time all persons interested were given an opportunity
to speak on behalf of or in opposition to said application, and the Planning Board closed
the public hearing on February 9, 2012.
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NOW, THEREFORE, BE IT RESOLVED, that after reviewing the
recommendation of the Village Engineer/Superintendent of Public Works, the Village of
Rye Brook Planning Board hereby grants the Applicant's request for a waiver from
submittal of the required documents on the Site Plan Review Check List related to the
Scenic Roads Overlay District buffers and the preparation of a Construction Management
Plan; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board
determines that the new addition will not adversely affect the visual resources of the
North Ridge Street Scenic Road Overlay District and hereby approves the site plan
referenced herein to construct a second story addition to the existing home located at 143
North Ridge Street subject to the condition that the Zoning Table on the Site Plan be
amended to reflect the correct zoning calculations as determined by the Building
Inspector.
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicant has paid to the Village all applicable fees and professional review fees incurred
in connection with review of this Application.
On a motion made by Mrs. Schoen and seconded by Mr. Laufer Mr. Nowak called the
roll, and the resolution was approved:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA ABSENT
CHAIRMAN ZUCKERMAN YES
CONTINUED BUSINESS
4. Review of a Site Plan Application by Joe Lentini on behalf of Win Ridge Realty
(Rye Ridge Plaza) for parking lot improvements, a customer 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 1D 141.27.4-1 and 141.27.-1-6
• Considering a Report and Recommendation
Chairman Zuckerman stated that the application is a referral from the Board of Trustees
for a Report and recommendation. There are several proposed amendments to the plan,
which include a new trash receptacle enclosure, the addition of ADA parking spaces,
pedestrian walkways and stairs in the parking lot, and a community bulletin board kiosk.
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Joe Lentini added that the only other change is that the property identification sign on
Ridge Street will no longer be relocated but will remain within the island at its original
and existing location.
Chairman Zuckerman asked about the requested parking study.
Jim Ryan of John Meyer Consulting stated that the study includes an occupancy
analysis. The study indicates there are a total of 209 spaces available during high
demand periods and projects a surplus of 52 spaces during peak periods, with the loss of
6 spaces.
Chairman Zuckerman wanted to discuss 3 issues: first, the pedestrian walkway between
the buildings where the Applicant is proposing asphalt pavement. The Board prefers to
have the Applicant install a pavement type similar to the existing pedestrian walkways in
the parking lots for aesthetic and safety purposes.
Secondly, the relocation and addition of more ADA parking spaces; the Board is in
agreement with the proposal and applauds the shopping center owner for improving the
availability of ADA spaces.
Lastly, the trash receptacle enclosure, which was discussed the last time the Applicant
was before the Board on a previous application. The new location with additional
screening follows the recommendations of the Board at that time.
Chairman Zuckerman asked the Applicant about odors in the summer from the trash
containers.
Mr. Lentini responded that the trash is emptied every other day and deodorizers can be
used if it becomes necessary.
Mrs. Schoen voiced similar concerns and stated that there is no way to prevent odors on
extremely hot and humid days. She asked about washing out the dumpster.
Mr. Lentini responded that there will be a water source at the dumpster for washing
down the dumpster, and the area around it will be monitored. The owner does not want
customers of the shopping center to smell trash as they are walking in the parking lot.
Mrs. Timpone-Mohamed asked Mr. Ryan about the setback of the trash receptacle
enclosure from Bowman Avenue.
Mr. Ryan responded that the setback from Bowman Avenue for their preferred location
complies with the requirements of the SROD, and the enclosure would be placed on
existing paving.
Mrs. Timpone-Mohamed asked about the view of the enclosure from Bowman Avenue
and whether it is possible to plant a new tree in that area for additional screening.
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Mr. Lentini responded that the dumpster will be fenced and, therefore, will be obstructed
from view.
Mr. Ryan asked if the Planning Board would give a recommendation to the Rye Brook
Zoning Board of Appeals.
Chairman Zuckerman explained that the Board is not allowed to make recommendations
to the Zoning Board of Appeals (ZBA); however, the ZBA is free to read our
recommendations to the Board of Trustees.
Mrs. Jennifer Gray summarized the Report and Recommendation:
PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND
RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK
BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN AMENDMENT
APPLICATION FOR RYE RIDGE SHOPPING CENTER
I. Project Overview
On December 13, 2011, the Village of Rye Brook Board of Trustees ("BOT")
referred a proposed site plan amendment to the Village of Rye Brook Planning Board
("Planning Board") for submission of a Report and Recommendation. The application
was made by Peter Stahl on behalf of property owner Win Ridge Realty, LLC for
approval of an amended site plan for the Rye Ridge Shopping Center located at 100-150
South Ridge Street, 1-34 Rye Ridge Plaza, and 158-204 South Ridge Street, at the
intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.27-
1-1 and 141.27-1-6 on the Town of Rye Tax Map and located in the C1-P Zoning
District.
The application proposes: (a) modifications to the parking lot to create a walkway
between the buildings located at 1 Rye Ridge and 10 Rye Ridge to improve pedestrian
circulation and safety; (b) installation of a new trash receptacle enclosure along South
Ridge Street; (c) installation of a kiosk/community bulletin board for announcing
community events and events within the Shopping Center; (d) additional directional signs
within the parking lot; and (e) relocation of existing ADA parking spaces and possible
installation of two (2) additional ADA parking spaces, which will in turn eliminate
several non-ADA parking spaces. Subject to confirmation from the Building Inspector
following his zoning analysis, if all proposed ADA parking spaces are approved the total
number of parking spaces in the Shopping Center could be reduced below the existing
704 parking spaces.
The Project is currently before the BOT pursuant to Section 209-1(B)(8) of the
Village Code which requires site plan approval for an amendment of a previously
approved site plan on a non-residential property. The primary concerns related to this
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Project are parking availability, pedestrian safety and the location and visibility of a
garbage enclosure within the Bowman Avenue Scenic Roads Overlay District.
II. Planning Board Discussion
The Planning Board reviewed this application at its January 12, 2012 and
February 9, 2012 meetings. F.P. Clark Associates, the Village's Planner provided a
Planning Memorandum to the Planning Board dated January 9, 2012, based on a review
of the application and information provided by the Applicant.
A. F.P. Clark made the following
planning comments in its
January 9, 2012 Memorandum:
Zoning. The property is located in the Bowman Avenue
Scenic Roads Overlay District, which requires a 112.5-foot
front-yard setback along Bowman Avenue for all
structures. The site plan does not show the setback
dimension from Bowman Avenue for either of the potential
trash container enclosure locations. In order for the
Building Inspector to provide a zoning analysis the site
plan should be revised to show the setback dimensions for
both potential trash container enclosures, and if necessary
the locations adjusted to be complaint with Section 250-
7.F(6)(b).
In addition, the zoning table submitted as a separate
document should be added to the site plan. It appears from
the zoning table that the revisions proposed would reduce
the total number of parking spaces from 704 spaces to 699
spaces, or 698 spaces, if the Trustees approve one
additional handicapped-access space in the South Ridge
Street parking area.
Parking. According to the zoning table, the site
modifications proposed would reduce the total number of
parking spaces in the shopping center from the current
number of 704 spaces to 699 spaces, or 698 spaces, if the
Trustees approve one additional handicapped-access space
in the South Ridge Street parking area. The Applicant
should demonstrate that reducing the number of parking
spaces to the worst-case scenario of 698 spaces would not
reduce the available spaces at the center to below the
current parking demand.
Site Plan. The Applicant proposes to install a trash
container pad and enclosure adjacent to Ridge Street at the
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intersection with Bowman Avenue in two existing parking
spaces. Currently the dumpsters that service the shopping
center are located in back of the retail building located
perpendicular to South Ridge Street. The new trash
container location in the South Ridge Street parking area
would be installed in addition to the existing location.
Two potential locations are shown on the site plan for
consideration. Both are located to the south of the
pedestrian stairway connecting the parking area to Ridge
Street against the slope down from the street. As the
container would be located in the front yard on both streets
and in the Bowman Avenue SROD, the Applicant should
analyze the visibility of the enclosure from both streets.
The proposed site plan also includes installation of a new
pedestrian walkway in the west parking area that includes
stairways to traverse grade changes. We recommend that
the design and materials of the new walkway should match
the existing walkway in the same parking area.
The Planning Board discussed that although the proposed relocation of ADA
parking spaces will result in better and more convenient locations than currently exist at
the site, such relocation and the possible installation of two (2) additional ADA parking
spaces in the upper eastern lot will reduce the number of overall parking spaces provided.
The Planning Board discussed that an updated Parking Utilization Study should be
submitted to confirm the proposed number of overall parking spaces meets the current
demand of the Shopping Center. The Applicant submitted a letter to the Planning Board
dated February 8, 2012, revised February 9, 2012, which stated that as of its March 8,
2011 Parking Utilization Study a minimum of 52 surplus spaces were projected to be
available. The Applicant's consultant opined that the loss of six (6) parking spaces
would not have a significant impact on the parking operations at the Shopping Center.
The Applicant's preferred location of the new trash enclosure is acceptable
because it is not completely visible from South Ridge Street due to the existing
topography; however, there are concerns that it may be visible from Bowman Avenue
and that additional landscape screening may be necessary along Bowman Avenue to limit
visibility of the enclosure from the scenic road. Also, the proposed solid enclosure is
preferred over a chain link fence enclosure. Lastly, the Planning Board discussed odor
control mechanisms for the trash enclosure and encouraged the Applicant to properly
manage this issue.
The Planning Board also discussed the fact that the proposed walkway will not
alter traffic flow and will eliminate the need for pedestrians to use the vehicular travel
ways to navigate the parking lot from one building to another on foot or by vehicle. It
provides a safer mode of travel for shoppers visiting multiple stores or offices within the
Shopping Center. The Planning Board suggested the Applicant consider an alternative
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paving material for the new walkways that is similar to the paving already installed in the
north parking area, instead of painted striping as proposed; however, the Applicant stated
they have tried concrete in other locations and found it to be high-maintenance and high-
cost.
III. Planning Board Recommendations
The Planning Board recommends the Board of Trustees approve the amended site
plan (with the Applicant's preferred location of the trash enclosure) provided the
Applicant sufficiently addresses the concerns set forth above. In particular, the Planning
Board recommends that (1) the Applicant should analyze the visibility of the trash
enclosure from Ridge Street and Bowman Avenue to determine whether additional
landscape screening is necessary along Bowman Avenue to limit visibility of the
enclosure from the scenic road; and (2) for aesthetic and traffic calming purposes, we
recommend the Applicant provide an alternative paving material for the new walkways
that is similar to the paving already installed in the north parking area, instead of painted
striping as proposed.
The Planning Board also recommends the Board of Trustees refer the application
to the Zoning Board of Appeals for a determination on any necessary variances as
determined by the Building Inspector. The Planning Board also recommends the Board
of Trustees include in its referral resolution the following planning considerations related
to any variance that may be required related to the trash enclosure and the SROD
requirements:
Visibility of the trash enclosure from the Bowman Avenue
scenic road should be reviewed and additional, appropriate
landscaping may be necessary along Bowman Avenue as
screening.
IV. Conclusion
In conclusion, the Planning Board recommends the BOT grant the site plan
modification provided the Applicant satisfactorily addresses the recommendations set
forth in this report.
Dated: Rye Brook,New York
February 9, 2012
On a motion made by Mrs. Schoen and seconded by Mr. Goodman Mr. Nowak called the
roll, and the resolution accepting the Report and Recommendation was approved:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
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MR. TARTAGLIA ABSENT
CHAIRMAN ZUCKERMAN YES
Mrs. Jennifer Gray read the Resolution referring the Report and Recommendation to the
Board of Trustees:
February 9, 2012 APPROVED 6-0
RESOLUTION
AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO
THE BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN AMENDMENT
FOR RYE RIDGE SHOPPING CENTER
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 site plan amendment for Rye Ridge Shopping Center and requests the
Secretary to the Planning Board forward a copy of the Report to the Board of Trustees
and the Village Administrator.
On a motion made by Mr. Grzan and seconded by Mrs. Schoen, Mr. Nowak called the
roll, and the resolution was approved:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA ABSENT
CHAIRMAN ZUCKERMAN YES
On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was
adjourned at 8:58 PM by unanimous voice vote.
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