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HomeMy WebLinkAbout2012-03-08 - Planning Board Meeting Minutes Approved:August R,2012 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday March 8, 2012 - 8:00 p.m. ROLL CALL MINUTES PUBLIC HEARING CONTINUED BUSINESS NEW BUSINESS 1. Review of an application by John Scarlato on behalf of The Blind Brook Club in connection with a Site Plan Amendment for the replacement of an existing shelter and toilet facility, legalization of an existing standby generator and propane tank located at 980 Anderson Hill Road, Rye Brook, NY, Parcel I.D. 129.58-1-1 • Considering a report and recommendation 2. Review of an application by Reckson Operating Partnership for a Special Use Permit and a Site Plan Amendment for the construction of a one car garage located at 1100 King Street, Rye Brook, NY, Parcel I.D. 124.81-1-1 • Considering a report and recommendation 3. Review of an application by Ms. Moge Agahian on behalf of the Arbors Home Owners Association, Inc. for site plan approval and a P.U.D Amendment. 4. Review of an application by TD Bank, NA for site plan approval to demolish an existing structure and construct a new bank building located at 101-5 South Ridge Street, Rye Brook, NY, Parcell.D. 141.27-1-27 ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. PRESENT BOARD Mr. Domenic Accurso, Jr. Mr.John Grzan Mr. Bill Laufer Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. Rob Goodman Mrs. Amy Schoen VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... 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 set of Planning Board Rules of Procedure can be found on the Village website and the Planning Board meetings may be viewed on streaming video. NEW BUSINESS 1. Review of an application by John Scarlato on behalf of The Blind Brook Club for a Site Plan Amendment in connection with the replacement of an existing shelter and toilet facility, and legalization of an existing standby generator and propane tank located at 980 Anderson Hill Road, Rye Brook, NY, Parcel I.D. 129.58-1-1 • Considering a report and recommendation Chairman Zuckerman explained that this application is a referral from the Board of Trustees for a Report and Recommendation. The Blind Brook Club is on Anderson Hill Road which is located in the Scenic Road Overlay District. The application includes two items: (1)reconstruction of a shelter and bathroom facility; and(2) legalization of a propane tank and a generator that were placed on the property without Village approval. Mr. John Scarlato, Architect for the applicant, addressed the Board and presented an overview of the proposed project. The shelter and bathroom facility is located in the middle of the golf course. It will replace an existing facility that will be demolished, and consists of two bathrooms and a shelter for the golfers. He noted that because the facility cannot be seen by any of the surrounding neighbors, and the architecture of the new building compliments the architecture of the Club House, the project would have minimal visual impact on the scenic road. With respect to the replacement of the generator and propane tank,these structures would not impact the scenic road because the tank and generator would be located behind a new fence that would provide sufficient screening. In addition, the propane tanks are located 25 feet from the nearest building and are code compliant. Mrs.Tilnpone-Mohamed reviewed the application and stated that there are no planning issues regarding the application. The applicant requested a waiver in regard to the survey, but Mr. Nowak recommended that the request be denied. Mr. Nowak explained that he and the Building Inspector suggested that a topographic survey of the two areas on the property where work would be done should be submitted. When asked by Mr. Grzan why a survey was needed, Mr. Nowak explained that this was prudent Page 2 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... because the new shelter, although located where the existing shelter stands, would have a different footprint. . Mr. Nowak further explained that the applicant provided a document that was not certified as a survey, and that this omission had to be rectified. The Planning Board, having no further comments, Mrs. Jennifer Gray read the Report and Recommendation: March 8, 2012 APPROVED 5-0 PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR 980 ANDERSON HILL ROAD 1. PROJECT OVERVIEW On December 13, 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 John Scarlato, Jr., Architect, on behalf of property owner The Blind Brook Club ("Applicant") for approval of an Amended Site Plan to demolish the existing 6"'/13"'tee men's room and construct a new men's and ladies room at the same location on property located at 980 Anderson Hill Road and designated as SBL 129.58-1-1 on the Town of Rye Tax Map ("Property"). The Property is located in the R-20 Zoning District and the Anderson Hill Road Scenic Roads Overlay District. Following the referral and at the direction of Village Staff, the Applicant revised the proposed Site Plan to include the legalization of an existing 60 kw natural gas fired generator and 1,000 gallon above-ground liquid propane storage tank. The Board of Trustees is the approval authority for this application pursuant to Section 209- 1(A)(1) of the Village Code. 11. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its March 8, 2012 meeting. F.P. Clark Associates, the Village's Planning Consultant, provided a Memorandum to the Planning Board dated March 1, 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 March 1, 2012 Memorandum: 1. Completion of Application. We did not receive a current topographic survey of the property to review. A survey as required by Section 209-3 C.1(d) should be submitted for review. Page 3 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... 2. Zoning. According to the zoning review performed by the Building Inspector, the plans are in compliance with the district zoning regulations. 3. Tree Preservation and Protection. According to Sheet A-3, trees would not be removed to construct the new shelter/restrooms, and tree protection would be provided for the four existing trees located in proximity to the construction area. 4. Landscape/Fence Plan. The existing generator/fuel tank area would be screened by a four-foot tall opaque fence painted green that would be complimented by shrubs located outside the fence to mitigate views of the equipment from the site and the Anderson Hill Road SROD. 5. Visual Impacts to the SROD. Given the location of the new shelter/restroom building and the proposed fencing and landscape plan for the generator area, we do not foresee any visual impacts to the SROD. The Planning Board discussed whether the proposed shelter/restroom building and the fencing, generator and fuel tank will have any visual impacts from the Anderson Hill Road Scenic Road and the consensus was that no impacts will result because none of the structures are readily visible from the scenic road. The Planning Board also discussed landscaping, ADA compliance, septic capacity, and the requested site plan checklist waivers in relation to the proposed Amended Site Plan. Lastly, the Village Engineer/Superintendent of Public Works recommended approval of the Applicant's request for a waiver from the submission of certain Site Plan application materials listed as "not applicable" on the site plan checklist, except for two site plan checklist items as set forth in the Village Engineer/Superintendent of Public Works' March 8, 2012 memorandum. The Village Engineer/Superintendent of Public Works does not recommend granting a waiver for the submission of a localized survey for the two areas of construction (including topographical information for the restroom area) and screening of outdoor storage areas. Upon discussion it was clarified that the Applicant previously submitted a localized survey of the area of the proposed restroom (including topographical information) and the area of the generator and fuel storage tank. However, the survey is not certified. It was also noted that the Applicant has proposed sufficient screening for the generator and fuel storage tank, which items the Village Engineer/Superintendent of Public Works referred to in his memorandum as "outdoor storage areas." The Village Engineer/Superintendent of Public Works also submitted a memorandum to the Planning Board regarding stormwater management and erosion and sediment control. The March 8, 2012 memorandum confirms that the stormwater management, designed for a 25-year storm, is acceptable and identifies two conditions regarding erosion and sediment control: (1) an anti-tracking pad should be installed near the area of work so that heavy equipment does not track dirt offsite; and (2) septic system leach fields shall be protected by orange construction fencing. 111. PLANNING BOARD RECOMMENDATIONS Page 4 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... After discussion and consideration of the comments set forth in the memoranda from F.P Clark and the Village Engineer/Superintendent of Public Works, the Planning Board recommends approval of the Amended Site Plan, subject to the conditions regarding erosion and sediment control identified in the March 8, 2012 memorandum of the Village Engineer/Superintendent of Public Works: (1) an anti-tracking pad should be installed near the area of work so that heavy equipment does not track dirt offsite; and (2) septic system leach fields shall be protected by orange construction fencing. The Planning Board also recommends approval of the Applicant's request for a waiver from the site plan submission requirements, as set forth in the March 8, 2012 memorandum from the Village Engineer/Superintendent of Public Works on condition that the Applicant submits a localized certified survey for the two areas of construction (including topographical information for the area of the proposed restroom). 1V. CONCLUSION In conclusion, the Planning Board recommends the BOT approve of the Amended Site Plan application subject to the conditions set forth herein. Dated: Rye Brook, New York March 8, 2012 On a motion made by Mr. Grzan and seconded by Mr. Laufer, Mr. Nowak called the roll, and the Report and Recommendation was approved: MR.ACCURSO YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution to send the report to the Board of Trustees: March 8, 2012 APPROVED (5-0) RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR 980 ANDERSON HILL ROAD 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 Amended Site Plan Page 5 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... application for the Blind Brook Club at 980 Anderson Hill Road and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator; and BE IT FURTHER RESOLVED, that the Planning Board Chairman is hereby authorized to finalize the attached Report and Recommendation in consultation with Village Counsel to accurately reflect the Planning Board's discussions at its March 8, 2012 meeting, prior to such Report and Recommendation being forwarded to the Board of Trustees and Village Administrator. On a motion made by Mr. Grzan and seconded by Mr. Laufer, Mr. Nowak called the roll, and the resolution to send the Report and Recommendations to the Board of Trustees was approved: MR.ACCURSO YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Page 6 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... 2. Review of an application by Reckson Operating Partnership for a Special Permit and a Site Plan Amendment in connection with the construction of a one car garage located at 1100 King Street, Rye Brook, NY,Parcel I.D. 124.81-1-1 • Considering a report and recommendation Mr. Gioffre, Attorney for the applicant, addressed the Board and gave an overview of the application. Mrs. Tilnpone-Mohamed addressed the Board and noted that there is a jogging trail that would be adjacent to the building, which would create a visual impact for someone on the trail. The garage will not be seen from King Street, which is in the Scenic Road Overlay District,because it is a distance away from the road and is screened by vegetation and buildings. It would not be viewable from the Bellefair property because of the grade change and existing vegetation. Mr. Nowak asked about whether there was an opportunity to propose that the walking trail be preserved by way of an easement. He noted, however, that the while the site plan submitted by the applicant shows the trail, other plans showing the property do not show the trail. In regard to the construction management plan for the project, Mr. Nowak expressed concern that the construction site is a busy parking area that will require public safety measures during construction. Storm water, he stated, would not be an issue because the existing detention pond on the property would have sufficient capacity for the small garage building. Chairman Zuckerman asked if the building is required to have a fire-suppression sprinkler system installed. Mr. Nowak replied that this was a question to be addressed by the the Building Inspector. Mr. Gioffre noted that he had discussed the matter of fire-suppression with the Building Inspector. It was his understanding that the structure would not need to have a sprinkler system according to New York State, but it would need the system according to the Village Code. The Applicant is currently investigating a means for a fire-suppression system, but they may seek relief of this requirement from the Zoning Board of Appeals. Mr. Accurso asked what the garage was for. Mr. Gioffre explained it would be constructed for parking a single car, at the request of a new tenant in the adjacent office building. Chairman Zuckerman added that the special use permit would include a renewal term, that he would recommend to be 5 years. Mr. Accurso believed that if the Board were to approve this application it would set a precedent for future accessory garage structures. Therefore, he was not in favor of approving the application. Mr. Gioffre responded that this is a specially permitted use within the OB-1 zoning district and that there were, in his opinion, no impacts that would preclude granting the permit. Mr. Tartaglia spoke in reference to the jogging trail that he believed was eliminated from the property, Page 7 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... suggesting that Keane and Beane might have information regarding removal of the requirement that a trail be maintained on the property. Mr. Laufer believed that if you have a garage with a car in it, and the garage is located near a jogging path, it should have a sprinkler system for fire suppression. Chairman Zuckerman responded that the Planning Board does not have the authority to waive the sprinkler system requirement. Mrs. Gray read the report and recommendation: On a motion made by Mr. Tartaglia and seconded by Mr. Grzan, Mr. Nowak called the roll: MR.ACCURSO NO MR. GRZAN YES MR. LAUFER NO MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Motion defeated 3-2 (Four YES votes required) Mr. Gioffre asked if the report and recommendation was revised to be conditioned on the granting of a variance by the Zoning Board of Appeals for the lack of a fire suppression sprinkler system, would Mr. Laufer change his vote, to which Mr. Laufer responded yes. The Report and Recommendations was amended by Mrs. Gray as discussed. March 8, 2012 APPROVED 4-1 PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON A SPECIAL PERMIT AND AMENDED SITE PLAN APPLICATION TO CONSTRUCT A ONE-CAR DETACHED GARAGE AT 5 INTERNATIONAL DRIVE 1. PROJECT OVERVIEW On February 14, 2012, Village of Rye Brook Board of Trustees ("BOT") referred an application for Special Permit and to amend a previously approved Site Plan, to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by property owner Reckson Operating Partnership, L.P. ("Applicant") to construct a 345 square foot, one-car detached garage, measuring approximately 25'-5" x 13'-6" x 1F- 4," on the north side of the existing parking lot at Reckson Executive Park, on property located at 5 International Drive and designated as Section 124.81, Block 1, Lot 1 on the Town of Rye Tax Map ("Property"). The Property is located in the OB-1 Zoning District and the King Street Scenic Roads Overlay District. Page 8 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... The proposed one-car detached garage is a permitted accessory use in the OB-1 Zoning District requiring a Special Permit and Site Plan approval from the BOT. The BOT is the approval authority for the application in accordance with Sections 209-1(A)(1) and 250-6(H)(1)(c) of the Village Code. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its March 8, 2012 meeting. F.P. Clark Associates, the Village's Planning Consultant, provided a Memorandum to the Planning Board dated March 2, 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 March 2, 2012 Memorandum: 1. Zoning. According to the Building Inspector, the proposed garage complies with the zoning requirements of the district. In his zoning analysis, the Building Inspector notes the requirement that a fire- suppression sprinkler system be installed in the garage building. In the January 19, 2012 letter from Cuddy and Feder a request to eliminate the sprinkler system was included, which will require a variance from the Rye Brook Zoning Board of Appeals. 2. Visual Impacts. The garage would be constructed within the King Street SROD. However, based on the location of the garage, we do not believe there would be any visual impacts to the SROD. The garage would be in proximity to the adjacent residential property of Bellefair. However, as it is at the base of the wooded steep grade rising to the Bellefair property, and it is one-story in height, we do not foresee that the garage would cause visual impacts to the residences near the project area. We note that the building also would be located in proximity to the jogging trail at the Executive Park, although the trail is not indicated on the site plan. The new building would create a visual impact for persons using the trail. 3. Tree Protection. We see from the plan and aerial photos that there is an existing tree near the location of the new garage. The Applicant should clarify if the tree would be removed to construct the garage. If not, the tree should be provided with tree protection during construction. The Planning Board discussed the application as well as the comments and recommendations of Village staff and consultants. Special Permits may be issued upon a finding that "[w]ith respect to all uses listed as requiring special use permits, the use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts." (Village Code §250-6(H)(1)(c)(1)). Further, Section 250-6(H)(1)(c)(4) of the Village Code requires that Page 9 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... "[w]ith respect to the uses listed as requiring special permits in office building and research laboratory districts: [a] The location and size of the use and the nature and intensity of the operations involved in or conducted in connection with it shall be such that it will not cause or result in: [i] Dissemination of dust, noise, vibration, excessive light, odor, smoke, observable or detectable gas or fumes or other atmospheric pollutant or any harmful discharge of industrial waste materials beyond the boundaries of the site on which such use is conducted. [ii] Menace by reason of fire, explosion or other physical hazard, including radiation. [iii] Interference with radio or television reception beyond the immediate site of the building in which such use is conducted or scientific testing of devices or instruments which requires the flying of aircraft over the building in relationship to activities in the buildings in such a manner as to cause a public nuisance. [iv] Unusual traffic congestion on the streets and highways giving access to the site. [b] The Village Board shall specifically describe the industrial use being permitted under its resolution which makes the above findings. The consensus of the Planning Board is that the proposed construction of a one-car detached garage should contain a fire suppression system in accordance with Chapter 212 of the Village Code in order to comply with the aforementioned standards. Regarding possible stormwater impacts, the one-car garage is proposed to be placed in an area currently paved with asphalt and concrete, formerly the site of a refuse compactor, adjacent to Building#5. No new impervious surface is proposed. The Village Engineer/Superintendent of Public Works has determined that the proposed stormwater management consisting of a roof drain and an underdrain placed at the foundation of the garage along with the installation of a 6"pipe to collect the roof runoff and underdrain and convey it to an existing catch basin in the driveway, is sufficient. Further, the Applicant proposes to remove a small area of asphalt and concrete and replace it with filter fabric and gravel which the Applicant contends will provide some measure of stormwater quality improvement. Regarding visibility, the proposed garage it is not visible from the King Street Scenic Road, nor will it have visual impacts to the neighboring Belle Fair community due to the existing topography and the proposed height of the structure. However, the proposed garage will result in visual impacts from the existing jogging trail on the Property. The Planning Board also discussed the term of the proposed Special Use permit. Given the unique nature of the application and its applicability to a particular tenant, the consensus of the Page 10 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... Planning Board was that the Special Use permit should be subject to renewal after a period of five (5) years. Lastly, the Village Engineer/Superintendent of Public Works recommends approval of the waivers requested by the Applicant which include all site plan submission requirements not fulfilled by the Applicant's January 20, 2012 submission, except that the location of existing easements and screening of outdoor storage areas should be shown on the proposed amended site plan. However, the Planning Board does not consider the proposed garage to be an "outdoor storage area" but an enclosed structure, therefore the Planning Board did not agree with the Village Engineer/Superintendent of Public Works' recommendation for the denial of the Applicant's request for a waiver in this regard. Upon discussion it was clarified that the Village Engineer/Superintendent of Public Works believes there is an existing easement for a walking trail in the area of the proposed garage. The Applicant agreed to submit information to satisfy the requirement that such existing easement be shown on the amended site plan. The Village Engineer/Superintendent of Public Works' March 8, 2012 memorandum to the Planning Board also included information regarding stormwater management and erosion and sediment control, as well as construction management. The memorandum confirms that the stormwater management and erosion and sediment control plan are sufficient. Regarding construction management, the Village Engineer/Superintendent of Public Works recommends the following: (1) proper barricades and barriers shall be employed while excavation is being performed or overnight; and(2) any deep trenches shall be covered over by road plates and not left exposed overnight, and the Planning Board recommends such items be included in the construction management plan. 111. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the application the Planning Board recommends approval of the requested waivers, including a waiver from the requirement that screening of outdoor storage areas be shown on the amended site plan, except that the location of any existing easement in the area of the proposed garage should be shown on the amended site plan. After discussion and consideration of the application the Planning Board also recommends approval of the amendments to the Site Plan, subject to the conditions set forth above. The Planning Board also recommends the issuance of the Special Permit for a term of five (5) years on the condition that a fire suppression system is provided in accordance with Chapter 212 of the Village Code. 1V. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the amended Site Plan, subject to the conditions set forth herein, and recommends the BOT issue the requested Special Permit for a tern not to exceed five(5)years. Dated: Rye Brook, New York March 8, 2012 Page 11 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... On a motion made by Mr. Laufer and seconded by Mr. Tartaglia, Mr. Nowak called the roll, and the Report and Recommendations, as amended, was approved: MR.ACCURSO NO MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mr. Gray read the resolution to send the Report and Recommendations to the Board of Trustees: March 8, 2012 APPROVED 4-1 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE AMENDED SITE PLAN APPLICATION TO CONSTRUCT A ONE- CAR DETACHED GARAGE AT 5 INTERNATIONAL DRIVE (RECKSON) 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 Amended Site Plan application for 5 International Drive (Reckson) and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator; BE IT FURTHER RESOLVED, that the Planning Board Chairman is hereby authorized to finalize the attached Report and Recommendation in consultation with Village Counsel to accurately reflect the Planning Board's discussions at its March 8, 2012 meeting, prior to such Report and Recommendation being forwarded to the Board of Trustees and Village Administrator. On a motion made by Mr. Laufer and seconded by Mr. Tartaglia, Mr. Nowak called the roll, and the resolution to send the Report and Recommendations, as amended, to the Board of Trustees was approved: MR.ACCURSO NO MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Page 12 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... 3. Review of an application by Ms. Moge Agahian on behalf of the Arbors Home Owners Association, Inc. for site plan approval and a P.U.D Amendment. Chainnan Zuckerman explained that this was a complicated application and before the presentation, he wanted to advise the applicant that Mr. Tartaglia was a former attorney for the Arbors. The Chairman asked the applicant if it had any reservations about Mr. Tartaglia assessing the application as a member of the Board. Because Mr. Ryan and Mr. Flink needed an opportunity to discuss the issue with the applicant they were not in a position to approve or disapprove Mr. Tartaglia's participation. Chairman Zuckerman decided that Mr.Tartaglia would participate in the assessment of the application until the Arbors HOA made a decision. Chairman Zuckerman also advised Mr. Flink that the public notification sign was not installed in compliance with the Village Code, and while the Board could decide not to hear the application, it also had the power to waive the sign requirement. He noted that the Village Attorney prepared a resolution to waive the requirement, but he admonished the applicant that in the future, all signs and notice requirements mandated by the Village Code must be complied with or the application would be adjourned. Mrs. Gray read the resolution waiving the notification requirement: March 8, 2012 APPROVED 5-0 RESOLUTION WAIVING THE PUBLIC NOTIFICATION REQUIREMENT OF POSTING A SIGN ON THE SUBJECT PROPERTY PRIOR TO A PLANNING BOARD MEETING THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Section 240-40(A)requires that at least seven(7) days prior to a Planning Board meeting, a public notification sign shall be posted on the property which is the subject of an application to be heard at such meeting; and WHEREAS, Section 250-40(G) permits the Planning Board to waive the notification requirements set forth in Section 250-40 unless required elsewhere by county or state law; and WHEREAS, neither county nor state law requires an applicant to post a public notification sign on property subject to a pending application prior to a meeting of the Planning Board at which such application will be heard; and Page 13 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... WHEREAS, the amended subdivision and site plan application for the Arbors Homeowners Association is on the March 8, 2012 agenda of the Planning Board, but the Applicant has not complied with Section 250-40(A)because the public notification sign has not been placed at the subject property meeting the requirements of Section 250-40. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby waives the requirement to post a public notification sign for the March 8, 2012 meeting of the Planning Board for the amended subdivision and site plan application proposed by the Arbors Homeowners Association. A motion was made by Mr. Tartaglia and seconded by Laufer, after which there was discussion. Mr. Accurso believed the notification requirement should be eliminated. Chairman Zuckerman agreed but believed that an applicant's professionals should be aware of the notification requirements. In Chairman Zuckerman's opinion, because the Arbors is a contained development unit, there is no harm in going forward with the waiver to hear the application this time. Chairman Zuckerman noted that there are two aspects to the application. One is a subdivision to correct as-built discrepancies between building locations and property lines for individual residential units, and the other is approval of a site plan that accounts for the various additions and changes to the approved site plan of 1973,that includes improvements constructed without site plan amendment approval, and construction of a new storage shed to replace the storage shed currently on school district property. Chainman Zuckerman called for the vote on the notification sign waiver: MR.ACCURSO YES MR. GRZAN YES MR.LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mr. Jim Ryan addressed the Board, apologizing for failing to meet the notification requirement, and thanking the Board for hearing the application. The applicant presented a power point presentation describing the project. Chairman Zuckerman called attention to the potential problems with the current property lines, but noted he did not consider it a major planning issue. If the applicant, the Village Attorney, and the Village Engineer were all in agreement in this regard, then he did not see any problems with the Planning Board issuing a recommendation for approval of the subdivision. He noted that it is not the job of the Planning Board to look at every encroachment and determine if it should be validated. The Chainnan further stated that storm water management was a different matter, and noted that the application would be referred to the Village's Consulting Engineer for review of all drainage and stornwater information provided to determine what may be necessary to bring the site plan into conformity with the Village Code. Page 14 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... The Chairman asked about the shed that is currently located on school property. He noted that when the lease expires for the current shed, the school could require the applicant to restore the property to its original state. Mr. Tartaglia asked who had the legal authority to record the plat on behalf of the homeowners. Mr. Flink responded that the purpose of the current litigation was to address that exact issue. He remarked that the judge will have jurisdiction on behalf of the 250 homeowners. Mr. Laufer asked what the Planning Board's function was if the court is addressing the easement and boundary issues. Chairman Zuckerman responded that the judge will not approve the plat without the approval of the Village of Rye Brook. The Chairman added that it was the Planning Board's job to review the proposed plat and site plan and make planning recommendations to the Board of Trustees. Mr. Flink appreciated the comments but indicated that he hoped to have the matter moved along as quickly as possible. Chairman Zuckerman responded that he hoped that by the next meeting the Board would receive input from both Mr. Rotfeld and Mrs. Timpone-Mohamed to consider. After that, it would be up to the Village Attorney to draft the report and recommendations,provided the Applicant submits all necessary information to the Planning Board to enable it to make recommendations to the Board of Trustees. Mr. Accurso asked if it was the Board's intention to have the applicant bring its stormwater management plan up to the standards of the current Village Code. Mrs. Timpone-Mohamed responded that changes have been made on the site that added more impervious surface coverage than was originally approved. There have also been changes made to the paving area of roads and parking areas, so there is a question regarding the adequacy of the storm water management system to handle the increased impervious surface coverage. She reported that her office requested an analysis of the current capacity of the stormwater pond. Since there appears to be no information concerning this issue, it was Mrs. Timpone-Mohamed's hope that Dolph Rotfeld would be able to provide some information regarding the original design of the pond, and the stormwater management system and its capacity, since his office was involved in the original design of the stormwater management system.. Following the discussion the matter was adjourned to the next meeting of the Board. 4. Review of an application by TD Bank, NA for site plan approval to demolish an existing structure and construct a new bank building located at 101-5 South Ridge Street, Rye Brook, NY, Parcel I.D. 141.27-1-27 Chairman Zuckerman noted that there was no public notification sign posted as required by the Village Code. Janet Giris, representing TD Bank, apologized on behalf of the applicant for the oversight. Chairman Zuckerman again noted that Mr. Tartaglia was a partner at the applicant's law firm, and asked if there were any objections to Mr. Tartaglia participating in the review of the application. Ms. Girls responded that there is no objection. Page 15 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... Mrs. Gray read the resolution waiving the public notice requirement: March 8, 2012 APPROVED 5-0 RESOLUTION WAIVING THE PUBLIC NOTIFICATION REQUIREMENT OF POSTING A SIGN ON THE SUBJECT PROPERTY PRIOR TO A PLANNING BOARD MEETING THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Section 240-40(A)requires that at least seven(7) days prior to a Planning Board meeting, a public notification sign shall be posted on the property which is the subject of an application to be heard at such meeting; and WHEREAS, Section 250-40(G) permits the Planning Board to waive the notification requirements set forth in Section 250-40 unless required elsewhere by county or state law; and WHEREAS, neither county nor state law requires an applicant to post a public notification sign on property subject to a pending application prior to a meeting of the Planning Board at which such application will be heard; and WHEREAS, the site plan application for TD Bank is on the March 8, 2012 agenda of the Planning Board, but the Applicant has not complied with Section 250-40(A) because the public notification sign has not been placed at the subject property. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby waives the requirement to post a public notification sign for the March 8, 2012 meeting of the Planning Board for the site plan application proposed by the TD Bank. On a motion made by Mr.Tartaglia and seconded by Mr. Laufer, Mr. Nowak called the roll, and the resolution was approved: MR.ACCURSO YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman advised that the application was a referral from the Board of Trustees and that 8 variances would be required to approve the current site plan. Traffic and parking issues, among others, Page 16 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... were raised by the Board's consultants. Ms. Giris provided an overview of the project noting that she read Mrs. Timpone-Mohamed's memo and most of her comments can and will be addressed. She acknowledged there are 8 variances required with 5 of those being related to signage, and they were trying to reduce the magnitude and number of the variances needed. Chairman Zuckerman responded that the Board was unlikely to approve the signs as proposed and he was glad to hear that the applicant intended to consider reducing the sizes of the signs. Joseph Colucci, Engineer, again provided an overview and addressed landscaping and impervious surface issues. He indicated that the applicant would be making some landscaping revisions based on recommendations by Mrs. Timpone-Mohamed. Jeffrey Fiore, Traffic Consultant, prepared the analysis that was submitted to the Village for review that accounted for the traffic signal at South Ridge and Bowman, traffic on South Ridge Street and Bowman Avenue, and traffic entering and exiting the cleaners and the shopping center during normal business hours with school in session. The applicant also had the study conducted on Saturday at peak shopping hours. The Consultant noted that because the applicant contemplated having 19 parking spaces instead of the requisite 30 spaces, an 11 space parking variance would be required. The consultant also performed an accident analysis after receiving information from the Police Department. It shows that over a three year period there had been 7 accidents. Since the applicant would be closing a curb cut on Bowman and another on South Ridge, an improvement in safety was expected. Mr. Galante of Frederick P. Clark addressed the Board. He explained that he requested additional analysis and information regarding traffic. When the information was received, he would continue the review and provide additional comments. Mrs. Timpone-Mohamed discussed the variances required. She expressed some concerns regarding the proposed location of the ATM and the lighting it required. She noted that there are lighting requirements for security in the State Banking Code that the application would be required to adhere to; however, there seemed to be some room to reduce the proposed lighting of the ATM area as it is currently well above the minimum requirements of the State Code. She recommended that pedestrian paths in the parking area should be striped for pedestrian safety. She also asked about the status of the subsoil investigation and whether hazardous materials were on the site since it had been a gas and automotive service station. Mrs. Timpone-Mohamed stated that she had not yet seen a report regarding the remediation that had been done. She recommended that some invasive species be removed from the landscape plan and that the number of native plant species should be increased. She also commented on the signage proposed and how the five sign-related variances could be reduced or eliminated. Mr. Nowak addressed the Board regarding storm water management, indicating that he would review the plan to see if there should be a referral to Dolph Rotfeld's office. Mr. Tartaglia indicated that he would like to see the Valero side curb cut onto Bowman Avenue shown on the survey. Also, with regard to the traffic study, he advised that the Middle School rents out their facility every Saturday and it is unclear whether the vehicle counts included this extra source of potential traffic. Mr. Fiore stated that he did not believe that the weekend rental of the school's facility Page 17 of 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday, May 13,2010- 8:00 p.m. ............................................................................... would have any appreciable impact on the Saturday counts. Mr. Grzan questioned Mr. Galante regarding his memorandum to the Board. Mr. Galante explained that he would have to go over the studies, but that he believed the bank should cause less traffic than the former gas station did. Chainnan Zuckerman added that whether the bank is built or not, there is traffic congestion on Ridge Street and on Bowman Avenue. Mr. Laufer believed that as long as a school is in the area there would be traffic problems, and he asked what the applicant was planning to do to ease traffic problems during construction of the bank. George McCrary, Construction Manager, responded that assuming union labor was used, the construction project would probably last for 4-5 months and that a construction traffic management plan would be developed. . Mr. Accurso indicated that he was glad to see that the applicant was going to re-evaluate the proposed stormwater management plan. Additionally, he pointed out that the proposed handicapped-access parking spacet was located in a bad spot and that it should be reviewed. Chairman Zuckerman also asked about the subsurface soil testing and indicated that he wanted the test findings to be part of the record. He also asked why the building is in the center of the site because it would improve pedestrian access and safety if it were situated closer to Bowman Avenue. The applicant explained that moving the building to the Bowman Avenue side of the lot would cause other problems regarding parking and vehicular circulation on the site. There being no further questions or comments, Chairman Zuckerman asked for a motion to adjourn and on a motion made by Mr. Tartaglia and seconded by Mr. Grzan, Mr.Nowak called the roll, and the motion to adjourn was adopted: MR.ACCURSO YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The meeting was adjourned at 11:16 pm. Page 18 of 18