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HomeMy WebLinkAbout2012-05-10 - Planning Board Meeting Minutes Approved:July 2013 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday May 10, 2012 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the November 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 141.27-1-49 3. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for the parcel located at 80 Bowman Avenue,Rye Brook,NY,Parcel ID 141.27-1-26 PUBLIC HEARING CONTINUED BUSINESS 4. Review of an application by Ms. Moge Agahian on behalf of the Arbors Home Owners Association,Inc. for approval of an Amended Site Plan and Amended Subdivision within the P.U.D. site located at the intersection of King Street and the Hutchinson River Parkway. 5. Review of an application by Kimberly Salvatore for approval of a Site Plan to construct multiple additions to the existing single family structure located at 9 Edgewood Drive,Rye Brook,NY, Parcel I.D. 135.28-1-20 6. Review of an application by Sarah Anne Trayner (66 Bowman Ave Realty Corp.)for an Amended Special Use Permit and Amended Site Plan for the property located at 66 Bowman Ave,Rye BrookNY,Parcel I.D. 141.27-1-24 7. Review of an application by TD Bank,N.A. for approval of a Site Plan to demolish an existing structure and construct a new structure located at 101-5 South Ridge Street,Parcel I.D. 141.27- 1-27. NEW BUSINESS 8. Review of an application by Frank Gabriel for approval of a Site Plan to construct a rear yard deck at the existing single family structure located at 432 North Ridge Street,Rye Brook,NY, Parcel I.D. 129.68-1-3 ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... THE NEXT PLANNING BOARD MEETING June 14,2012 PRESENT BOARD Mrs. 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. Acting Village Engineer Ms. Shari Melillo, Planning Board Secretary Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He then introduced the Board members and the Village Staff to the audience and explained the rules of procedure for the meeting. Additionally, Chairman Zuckerman made note for the public that the complete set of Planning Board Rules of Procedure can be found on the Village website and the public can also view the Planning Board meetings on streaming video. MINUTES 1. Review of the November 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 141.27-1-49 Chairman Zuckerman explained that the same application that appeared previously will now be reviewed under the new Fair and Affordable Housing(FAH) Zone regulations adopted by the Board of Trustees. 2 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... Chairman Zuckerman also stated that the Board of Trustees received a letter from the Westchester Municipal Planning Federation informing the Village that it was chosen to receive an award for the new FAH Zone legislation that creates a floating affordable housing district under which this application will move forward. Mr. Lou Larizza addressed the Board and comments in Mrs. Timpone-Mohamed's memo. They will install a fence at the back of the property. They will provide a landscape plan for the area in the front of the wall on Ellendale. They will reduce the wall height and install a small fence shown in pictures he distributed. to the Board. The garbage container will be revised according to Mrs. Timpone—Mohamed's requested changes. He distributed pictures to the Board regarding the availability of parking spaces in the neighborhood. He was asked to give evidence that the property has not had structures on it. He went to Rye Town Hall and got a copy of the property card which shows no evidence since 1934 of having any structures on the property. The final issue is evidence that utility services are available,which was not done;however,they are getting letters from Con Edison,the Water Company, and the Fire Department that there are adequate services at the lot. Mrs. Mohamed responded that she would have to look at the items provided to see if they are adequate. The requested zoning change will require a SEQRA review. The applicant has responded to traffic and parking concerns. The applicant provided a computation of the impacts of school children on the Port Chester School District and Mrs. Timpone Mohamed performed additional analysis. There would be a maximum of 1 or 2 school-age children generated by the project. To determine the impacts during construction, a draft construction management plan should be submitted to the Village Engineer. The Building Inspector should determine if the soil tests provided are sufficient. She was concerned about emergency services such as Fire and EMS. The applicant should request that the Building Inspector and the Port Chester Fire Department make comments on the proposed site plan. Finally,there are no archeological or historic sites in the area.Additional comments had to do with impacts to wildlife and vegetation. Chairman Zuckerman brought up the privacy fencing issue,to which Mrs. Timpone-Mohamed responded that the bank property has sufficient vegetation for screening;however, should the bank choose to remove it away there would be no privacy screening for residents of the new homes. If the vegetation is removed, a privacy fence should be installed. Mr. Larizza agreed. Chairman Zuckerman noted that he thought Mr. Mastromonaco and Mr. Rotfeld resolved the snow storage issue;however,there still is concern there is no place on site to store snow removed from the parking area. Mrs. Timpone-Mohamed suggested that the snow should be hauled away from the property. Mr. Larizza agreed. Chairman Zuckerman asked about storm water management and Mr.Nowak responded that Mr. Rotfeld was reviewing storm water management and he will have to follow up with Mr. Rotfeld. The Chairman stated he would like all matters to be resolved quickly and that he would like to have a draft report and recommendation ready for the next meeting. The application was adjourned to June 14,2012 3. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for the parcel located at 80 Bowman Avenue,Rye Brook,NY,Parcel ID 141.27-1-26 Chairman Zuckerman noted that this application will also be reviewed under the new FAH District regulations. 3 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... Mr.Anthony Federico addressed the Board on behalf of the applicant and spoke about the open items. He stated that the soil report was completed and submitted. Mr Dolph Rotfeld's memo was addressed,but Mr. Rotfeld requests additional information. The parking study was performed as per the request of FP Clark and was submitted. They also submitted the Phase 1 Soil Investigation Report at the meeting. Dan Tartaglia asked who is reviewing the soil report to which Mrs. Timpone-Mohamed responded that it was recommended the results be sent to a consulting Engineer for review,which would be Dolph Rotfeld or HDR. Mr. Tartaglia is concerned because the subsurface soil report does not say where the samples were taken. Mr.Accurso added that the soil report shows soil samples were taken at a depth of 18 inches. Mr. Madonna confirmed 18 inches by hand auger, stating the areas were marked on a form and should be included in the report. Chairman Zuckerman said he is sure the engineer who reviews the report will look into these issues. Mrs. Timpone-Mohamed stated that the updated limited parking study was reviewed and accepted as adequate. The requested zone change to the FAH District will require SEQRA review. The Bowridge team submitted some of the required items a while ago and others recently,which she will review and provide a report to the Board. Chairman Zuckerman explained the additional information requested was just submitted last week, and by the next meeting,there should be some definitive comments. He instructed the applicant to meet with Mr. Rotfeld as soon possible. Mrs. Schoen was concerned that there may be two adjacent sites (TD Bank and Bowridge Commons)in construction at the same time on Bowman Avenue and she asked how the Village will plan for the traffic and delays such a situation may generate. Mrs. Mohamed explained that construction traffic issues and mitigation recommendations for traffic impacts were included in the traffic report. The application was adjourned to June 14,2012 CONTINUED BUSINESS 4. Review of an application by Ms.Moge Agahian on behalf of the Arbors Home Owners Association,Inc.for approval of an Amended Site Plan and an Amended Subdivision Plan within the P.U.D. site located at the intersection of King Street and the Hutchinson River Parkway. Mrs. Gray noted that a letter from a resident of the Arbors was received yesterday by Administrator Chris Bradbury and that the issues discussed in the letter are not within the purview of the Planning Board for comment because they are either legal issues or they are issues that need to be vetted between the home owners and the Home Owners Association, or during the Public Hearing process with the Board of Trustees. The Board of Trustees is reviewing the letter. Mrs. Gray was asked to read the draft 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 APPLICATION FOR APPROVAL OF AN AMENDED PUD SITE PLAN AND 4 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... AMENDED PUD SUBDIVISION APPLICATION FOR THE ARBORS HOMEOWNERS ASSOCIATION I. PROJECT OVERVIEW On February 14, 2012, Village of Rye Brook Board of Trustees ("BOT")referred an application for approval of an Amended PUD Site Plan and Amended PUD Subdivision to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by Moge Agahian on behalf of the Arbors Homeowners Association,Inc., ("Applicant") for property located at the intersection of King Street and the Hutchinson River Parkway in the PUD Zoning District. The Board of Trustees is the approval authority for this application pursuant to Sections 209-1(A)(1) and 250-7(E)(4)(c)of the Village Code. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its March 8, 2012, April 12, 2012 and May 10, 2012 meetings. F.P. Clark Associates, the Village's Planning Consultant, provided memoranda to the Planning Board dated February 29, 2012,March 6,2012 and April 5,2012 based on a review of the application and information provided by the Applicant and Village staff Dolph Rotfeld Engineer, P.C. ("DRE"), the Village's Engineering Consultant, provided a Memorandum to the Planning Board dated March 30, 2012, April 4, 2012 and May 4,2012. The Village of Rye Building and Fire Inspector, on behalf of the Village of Rye Brook Emergency Services Task Force, provided a Memorandum to the Planning Board 5 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... dated April 23, 2012. The memoranda are incorporated by reference herein and the comments set forth in the memoranda will be incorporated below, as applicable. Amended PUD Subdivision The Amended PUD Subdivision application seeks to adjust the existing lot lines so as to conform to the as-built conditions because many units were constructed such that they straddle the property lines approved by the Town of Rye in the 1970s. The Planning Board understands that the AHOA strove to maintain the original configuration and square footage of each lot to the maximum extent practicable when determining the location of the new property lines. The Planning Board further understands that approval of an Amended PUD Subdivision Plat is necessary to document the true and accurate property boundary lines for each lot within the Arbors. The Planning Board has no objection to the BOT's approval of the proposed Amended PUD Subdivision Plat. Amended PUD Site Plan Three main issues are presented by the Amended PUD Site Plan application: (1) Stormwater; (2) Traffic and Parking, including emergency access; and (3) New Maintenance Shed. Stormwater Dolph Rotfeld Engineering, P.C. ("DRE"), the Village's Engineering Consultant, reviewed certain application materials related to stormwater management for the AHOA property and issued memoranda dated March 30, 2012, April 4, 2012 and May 4, 2012. The April 4, 2012 DRE memorandum provides the following comments regarding stormwater management: 6 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... 1. The relocation of the maintenance building will actually result in slightly less impervious area coverage due to a change in the curb line; all impervious areas from the parking lot on the high school property appear to have been included in the analysis by JMC. 2. DRE is in concurrence with the findings of the report;i.e., that the pond as it exists has sufficient capacity to attenuate up to the 100 year storm event. In addition we concur with the findings by JMC that a 0.5 acre increase in the impervious coverage will have a negligible effect on the pond elevation during the 100 year storm event. We also concur with the findings for a 1 acre increase in that this will have a measurable effect on the pond surface elevation of 0.14', at an elevation of 217.55'. It has been shown that small increases to the impervious coverage could be managed by the existing pond however this would need to be monitored and a running tally kept as new coverage is proposed. 3. As stated previously, there is concern with the outfall piping in that the existing 24"04"pipe arch is currently at a negative pitch as per the inverts listed on the plan. This pipe may be prone to clogging or excess build up of sediment, frequent maintenance would be needed to ensure that the pipe remains clear.If this pipe's cross sectional area is reduced even a small amount due to build up of sediments, it could limit the ponds capacity and result in an overflow during the 100 year storm event. 4. JMC has reported that The Arbors routinely conducts video inspection and cleaning of the outfall piping; the Village, as an MS4 should be requiring yearly reports certifying that this maintenance is being performed. 5. It should be noted that the analysis undertaken by JMC does not analyze the areas of the development which are not tributary to the detention pond. It would be advisable to study these areas and consider any effects that stormwater runoff currently has on downstream areas in the existing condition considering that there has been an increase in impervious coverage from the originally approved site plan. As stated by the JMC report any future impervious build out beyond what currently exists in these areas 7 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... would require a stormwater control permit and thus a requirement to attenuate any increase to runoff since the detention pond does not handle these areas. As indicated by DRE's comments, the existing detention pond currently has sufficient capacity to handle those areas of the PUD that are tributary to the pond. In fact, the pond has enough excess capacity that a limited amount of impervious surface coverage could be added to the tributary areas in the future without the need for additional stormwater management. Consistent with DRE Comment#4, the Planning Board agrees that any approval by the BOT should be conditioned on the AHOA providing yearly reports to the Village Engineer/Superintendent of Public Works certifying that the outfall piping in the detention pond is being routinely inspected and cleaned. In order to maintain the detention basin's current capacity for current and future runoff the Applicant should prepare a draft detention basin maintenance plan for review by DRE so that it is clear going into the future exactly what maintenance is necessary and when it must be performed. Regarding DRE Comment#5 the Planning Board noted that without an analysis of the AHOA property which is not tributary to the detention pond, the Planning Board cannot determine whether the current conditions in this area are creating stormwater impacts on or off-site. The areas that are not tributary to the detention pond are generally located in the southwest area of the AHOA PUD. The AHOA's representative, James A. Ryan, RLA, John Meyer Consulting, P.C., explained that from an engineering perspective it is his opinion that, although requested by DRE Comment#5, it would be impossible to provide the analysis the Planning Board is seeking because there is no existing information available regarding past conditions to provide a comparison to existing conditions. Mr. Ryan stated that from time to time there are off-site drainage impacts that 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... the AHOA has responded to by providing swales and other drainage improvements because stormwater from these areas cannot be directed to the detention pond. The consensus of the Planning Board was that without an analysis of current drainage conditions, current stormwater impacts of non-tributary areas remain unknown, and the issue of potential stormwater impacts in the non-tributary areas from future development must be dealt with going forward by requiring permits and stoitnwater management for any additional impervious surface coverage greater than 400 square feet pursuant to Chapter 217 of the Village Code. Traffic and Parking F.P. Clark provided a Memorandum dated February 29,2012 regarding Traffic and Parking which contained the following comments: A review of the internal circulation and the roadway alignment, parking layout, cul-de-sacs and the area for the bus turn-around indicates all are appropriate to accommodate typical vehicular activity in this residential development. Generally, the internal roadways do not have any "no parking areas," except for an area near the clubhouse and one of the cul-de-sacs. However, all of the internal roads are typically 20 feet in width. Parking within these roadways should be prohibited by the Homeowners Association. All the internal roadways should be kept clear for emergency purposes and access. It is our recommendation that the Village consider requiring the Homeowners Association to construct an appropriate emergency access drive to Meadowlark Road. This emergency access drive should consist of appropriate pavement treatment and be only for emergency use. It must be kept clear during inclement weather and all snow must be removed on a regular basis to ensure access during emergency situations. It is our opinion that no other modifications to internal circulation, access roads, pavement markings or traffic control are necessary. 9 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... After receiving a response from John Meyer Consulting,P.C.,FP Clark's April 5, 2012 Memorandum provides: The March 27, 2012 letter from John Meyer Consulting indicates that the Arbors HOA prohibits and enforces the prohibition of on- street parking on the Arbors property, which resolves the first comment. However,the letter goes on to state that during approved events at the clubhouse parking is allowed along the south side of Arbor Drive.The Applicant should provide additional information with respect to the exact locations along Arbor Drive parking is temporarily allowed, how often approved events that require temporary on-street parking are scheduled during the year,and how many cars are parked on the street during an event.As stated in our earlier comment,roads are typically 20 feet wide in the development. Parallel parking on a 20-foot wide road would not allow sufficient space for a fire truck to utilize the road. Although the letter from John Meyer Consulting indicates that the Arbors HOA is not planning to construct an emergency access drive,we continue to recommend the construction of an emergency access drive into the development from Meadowlark Road. The Village's Emergency Services Task Force ("ESTF") also reviewed the AHOA's proposed plans. The ESTF recommended that the Meadowlark Road/Greenway Circle emergency access be improved into the existing Greenway Circle parking lot under the following conditions: 1. The roadway shall be improved such to support & allow emergency apparatus to travel from Meadowlark Road through the Greenway Circle parking lot and on to Greenway Circle. 2. The roadway shall be not less than twenty(20) feet in width for the entire length. 3. Vertical clearance of twelve(12) feet shall be provided along the entire roadway length and width. 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... 4. If pervious materials are used to allow grass to grow through the roadway, permanent reflective side markers should be installed & maintained along the entire roadway. 5. The roadway shall be maintained and be kept free from long grasses and accumulated snow&ice. 6. The existing parking lot at Greenway Circle shall be improved with a drop curb and the conversion of parking spaces to a Fire Lane for however many parking spaces arc required to allow emergency vehicle access/egress to & from Greenway Lane. 7. The Police Department is granted enforcement powers over the newly created fire lane. 8. Break-away gates or reflective bollards & chains shall be provided at the roadway entrance to prevent unauthorized access, located as per ESTF recommendations. The ESTF further concluded that temporary parking along Arbor Drive as shown on the Temporary Arbor Drive Parking Figure 1,prepared by JMC dated April 17, 2012, would not impede emergency access/egress as long as the following conditions are met: 1. "No Parking" signs are installed along the opposite side of the roadway and at the beginning&end of the temporary event parking area. 2. The roadway weaving horses are removed from the roadway during such events. 3. The Police Department is granted enforcement powers along the newly created no parking areas on Arbor Drive. Consistent with the recommendations of F.P. Clark and the ESTF, the Planning Board strongly recommends the AHOA construct an emergency access drive from 11 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... Meadowlark Road to the existing Greenway Circle parking lot. If the emergency access was included in the original approvals, such access should now be provided. New Maintenance Shed The Planning Board discussed whether the proposed location of the new Maintenance Shed is appropriate given its proximity to the detention basin and the watercourse within it. The new Maintenance Shed is proposed to be located within the 100-foot regulated wetland buffer and accordingly, the AHOA will require a Wetland Permit from the Planning Board. The Planning Board cannot act on the AHOA's Wetland Permit application until the BOT, as Lead Agency, completes its environmental review pursuant to SEQRA. F.P. Clark provided a Planning Memorandum dated April 5, 2012 which contained the following comments regarding the proposed Maintenance Shed: Location of current and future maintenance and storage activities in the wetland buffer raises concerns regarding the handling and storage of equipment, vehicles, chemicals and materials used for maintenance, lawn and garden care, road de-icing, vehicle and equipment maintenance,painting,etc.,that are potential pollutants of ground and surface waters in the buffer. The Applicant should clarify what types of chemicals, materials, vehicles and equipment are and will be stored inside the new building and outside in open- air bins, and what activities will occur in the maintenance area. Information regarding the numbers of vehicles and equipment and the amounts of chemicals and materials stored should be provided. The Applicant should also clarify what measures are and will be used to protect ground and surfaces waters from leaks and spills of pollutants or hazardous materials in the new building and on paved and open areas outside the building. Although the existing maintenance building on school district property will be demolished,the letter from John Meyer Consulting 12 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... indicates that the Arbors HOA will continue to lease the area from the school district for storage purposes and at the present time will not remove paving or other construction from the site. The applicant should clarify what types of chemicals, materials,vehicles and equipment are and will be stored on school district property, and what activities will occur on the leased area. Information regarding the numbers of vehicles and equipment and the amounts of chemicals and materials stored should be provided. The Applicant should also clarify what measures are and will be used to protect ground and surfaces waters from leaks and spills of pollutants or hazardous materials onto paved and open areas on school district property. The Planning Board should consider if construction of the new maintenance building in the wetland buffer is appropriate and what mitigation measures would be required for approval of a wetland permit. The letter from John Meyer Consulting indicates that the new maintenance shed would include exterior lighting. Therefore, a lighting plan indicating the locations of all exterior building-mounted and site lighting, specifications for the light fixtures, and a photometric analysis plan should be provided for review. All exterior lighting should be shielded to mitigate the visual impacts of night-lighting on residences and adjacent property by preventing night-sky lighting and horizontal glare. In support of the proposed location of the new Maintenance Shed, the Applicant noted: (1) the shed is proposed to be half the size of the existing shed; (2) it will be located over existing asphalt and will not result in the additional loss of wetland buffer area; (3) it will result in a reduction of approximately 70 square feet of existing impervious surface coverage due to elimination of impervious area between the proposed maintenance shed and the wetland that is no longer necessary. The Board also discussed the types of equipment and materials proposed to be stored in and around the shed and whether best management practices with respect to the 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... engineering and construction of the new Maintenance Shed and the paved maintenance yard will be utilized to ensure that accidental discharges of chemicals, oils or other pollutants would not run off or through paved areas directly into the detention basin, or infiltrate into the ground from the shed or maintenance yard and enter the detention basin in ground water. By memorandum dated April 12, 2012, the Applicant provided the following information regarding the operation and use of the Maintenance Shed: The maintenance shed and storage area is overseen and utilized by Mr. Octavio Perez of C&K Landscaping from Peekskill,New York. C&K has provided complete,year-round landscaping and property maintenance since 2009. These facilities are used as storage and staging area for equipment and materials that are used exclusively at The Arbors. The equipment is not used off-site. There are several pieces of specialized equipment stored on-site. These include two Bobcats (small four-wheel front-end loaders), two large lawn mowers, two detachable, single blade snow plows and a large snow blower. These pieces of equipment are either stored inside the maintenance building or inside a fenced area when not in use. There is no current storage of hazardous materials on site. This includes gasoline,motor oil,fertilizers,pesticides and exterior paints. When these materials are required, C&K Landscaping provides them on an as-needed basis each day. A materials storage bin is used to store rock salt for treating winter roads. The rock salt is always kept covered and completely contained in the bin as exposure to rain/moisture renders it unusable. There are no plans to store hazardous materials on site in the future. The maintenance shed and storage area is generally kept in an organized and clean state that is free from debris, trash or dilapidated machinery. There is sufficient, mature landscaping that provides a vegetative buffer that screens the area from adjoining properties. 14 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... The BOT should not approve the proposed Site Plan unless the approval includes express conditions related to the type and quantity of equipment, chemicals,vehicles,and other materials that may be stored in that location and only materials used for the AHOA should be stored. The Planning Board is concerned about the lack of information regarding the proposed use and mitigation measures for the new Maintenance Shed. This is of particular concern because of the new Maintenance Shed's location within a wetland buffer. Exacerbating this concern is the fact that, contrary to the Applicant's initial presentation of the new Maintenance Shed as a "relocation" of the existing shed, the Applicant advised the Board at the April 12, 2012 meeting that the existing Maintenance Shed may remain. The Planning Board is concerned that maintaining two sheds will intensify the maintenance and storage use within the wetland buffer. If site plan approval is granted, it should also be conditioned on a prohibition against the storage of any vehicles, equipment or similar items which are not dedicated for use by the AHOA, such as vehicles, equipment or similar items which are used by a commercial contractor for non-AHOA jobs. A Lighting Plan has not been provided by the Applicant, but the a memorandum from JMC dated April 12, 2012 provides in relevant part, "The proposed maintenance shed is significantly smaller than the existing structure. The proposed location only provides vehicular access to three sides. Accordingly, a maximum of three, motion sensing lighting fixtures would be required to provide appropriate security and utility lighting." The purpose of a Lighting Plan is to review proposed lighting to prevent light intrusion into adjacent residences and properties and the natural environment. To ensure there will be no impacts caused by the proposed illumination of the proposed shed,a Lighting Plan is necessanT and should be submitted. It is also important to note that the existing Maintenance Shed is located on property owned by the Blind Brook Union Free School District (`BBUFSD") and is 15 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... leased by the BBUFD to the AHOA. The Applicant has advised that the lease (which expired on March 31, 2012) will not be renewed for an additional 10 year term, but will continue on the basis of a month-to-month tenancy for storage purposes. Although the application has been consistently presented as one involving the "relocation" of the maintenance shed (up to and including JMC's April 12, 2012 Memorandum), the Applicant advised the Planning Board at its April 12, 2012 meeting that no decisions have been made regarding the existing Maintenance Shed and it is possible that the existing Maintenance Shed will remain as-is. The Applicant specifically advised that for the purposes of the Village's review of the application the Village should assume the existing Maintenance Shed will remain in its current location. Additional Requests in Application Set forth as Attachment A to the AHOA application is a list of four (4) requests. The Applicant's four requests and the Planning Board's recommendations regarding the four requests are as follows: 1. A waiver of the requirement to erect a fence next to the highway, i.e. portion of fence to the extent that runs adjacent to the state highway wall. New York State has erected a sound barrier wall along the Hutchinson Parkwaywhich abuts the AHOA property. The Planning Board has no objections to granting the requested "waiver," except that if New York State ever removes the sound barrier completely or in part and does not replace it with a similar wall or fence the AHOA must install a fence along the perimeter of the property that abuts the highway. 2. A Resolution enacted by the Board of Trustees of the Village of Rye Brook permitting existing non-conformities with requirements and conditions imposed by the Town of Rye on The Arbors to remain and may be maintained, 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... repaired and replaced, e.g. number of bedrooms,number of parking spaces,height of homes, locations of homes, etc. If and when the Board of Trustees approves the AHOA Site Plan and Subdivision applications the existing conditions, including number of bedrooms, number of parking spaces,height of homes, location of homes, etc.,will be legalized and will be permitted to be maintained, repaired and replaced in the future provided the repair or replacement conforms with the applicable requirements of the Village of Rye Brook Code. Therefore, a resolution of the Board of Trustees approving the pending application will satisfy this request. 3. A Resolution enacted by the Board of Trustees of the Village of Rye Brook providing that all of the existing non-conformities with the Village Code be permitted to remain and may be maintained, repaired and replaced, except for improvements that cause life and safety violations under the Village Code. If and when the Board of Trustees approves the AHOA Site Plan and Subdivision applications the existing conditions, including the existing non-conformities with the Village Code that do not cause life and safety violations, will be deemed legalized and will be permitted to be maintained, repaired and replaced in the future provided the repair or replacement conforms with the applicable requirements of the Village of Rye Brook Code. Therefore, a resolution of the Board of Trustees approving the pending applications will satisfy this request, however, the resolution should be clear that any current non-conformities with the Village Code that create life and safety violations must be removed, repaired or replaced. 4. A Resolution enacted by the Board of Trustees of the Village of Rye Brook permitting the parking and storage of equipment, materials and commercial vehicles in connection with snow removal and/or landscaping on the AHOA's property and the Maintenance Shed Area leased by the AHOA. 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... If and when the Board of Trustees approves the AHOA Site Plan application which includes the construction of a Maintenance Shed on AHOA property, such resolution will satisfy this request to the extent it pertains to the Maintenance Shed area on the AHOA property. It is the Planning Board's recommendation that such resolution clearly set forth the nature and scope of the equipment, materials and vehicles permitted to be stored within the Maintenance Shed and its surrounding area on AHOA property. Following any such approval, compliance with the requirements therein becomes an enforcement issue to be handled by the Building Department. The current application does not include property owned by the Blind Brook Union Free School District which is leased by the AHOA. If the AHOA intends to continue use of the current maintenance shed and continue storing equipment,materials and vehicles on the property owned by the Blind Brook Union Free School District, the AHOA should amend its application to include such a request after confirming whether the proposed use is permitted in the applicable zoning district. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the application and comments set forth in the memoranda from F.P Clark and DRE, the Planning Board recommends approval of the Amended PUD Subdivision Plat as proposed. However, the Planning Board does not recommend approval of the Amended Site Plan with the current proposed location of the new Maintenance Shed,unless further information regarding the new Maintenance Shed is submitted including but not limited to, proposed construction methods; storage of materials and equipment within and around the shed; lighting; method of preventing the run-on of uncontaminated stormwater from adjacent areas as well as runoff of stormwater from maintenance areas and percolation of pollutants from the maintenance area; and vehicle and equipment cleaning and maintenance. The Planning Board notes that if the 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... new Maintenance Shed were proposed to be located outside the wetland buffer many of these points of information would no longer be applicable. The Planning Board is concerned that the AHOA is proposing construction of a new Maintenance Shed within the wetland buffer without providing adequate information regarding the proposed use, including whether it will be used in tandem with the existing Maintenance Shed located on property owned by the BBUFSD. Additionally, the Planning Board recommends that an emergency access drive from Meadowlark Road to the parking lot on Greenway Circle be included on the Site Plan, or a suitable alternative that is just as protective of the health, safety and welfare of the Arbors residents. The Planning Board also recommends that in order to maintain the detention basin's current capacity for current and future runoff the Applicant should prepare a draft detention basin maintenance plan for review by DRE so that it is clear going into the future exactly what maintenance is necessary and when it must be performed. If the aforementioned conditions are satisfied and the Board of Trustees elects to approve the Amended Site Plan, the Planning Board recommends that the approval resolution contain the following conditions: 1. The AHOA shall submit to the Village a yearly report certifying that: (1) video inspection and cleaning of the outfall piping has been conducted no less than once per year; (2) all roadways within the Arbors have been swept no less than once per month; and (3) all storm drains have been cleaned no less than once per year. 2. No hazardous materials or explosives shall be stored within or around the Maintenance Shed. Hazardous materials shall be defined as set forth in at Section 216-2 of the Village of Rye Brook Code, as such definition may be 19 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... amended from time to time, and shall include but not be limited to materials such as gasoline, motor oil, fertilizers, pesticides, herbicides and paints. 3. Best construction and management practices shall be implemented as set forth in the Memorandum from Dolph Rotfeld Engineering, P.C., dated May 4, 2012, to protect ground and surface waters from pollutants that are leaked, spilled or washed from machinery, vehicles and storage areas within the new Maintenance Shed and on paved and open areas outside the Shed. 4. The storage of equipment, vehicles and materials in the new Maintenance Shed and on paved and open areas outside the Maintenance Shed on the Arbors property shall be limited to that which is necessary for maintenance of the AHOA common property, including the following: i. Bobcats (small four-wheel front-end loaders) ii. Lawn mowers iii. Detachable, single blade snow plows iv. Snow blower V. Hand tools vi. Additional equipment subject to approval by the Village Engineer/Superintendent of Public Works 5. Equipment, vehicles and materials of commercial contractors may not be stored on the AHOA property unless such equipment, vehicles and materials are used solely for the AHOA property. 6. The Utility Easement, dated June 17, 1971, recorded in the Westchester County Clerk's Office at Liber 6994,Page 658,modified by Agreement dated June 19, 1978, recorded in the Westchester County Clerk's Office at Liber 7477, Page 305, must be amended to allow the construction of the 20 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... Maintenance Shed within the easement area to the extent shown on the site plan. 7. Temporary event parking is permitted along the east side of Arbor Drive from its intersection with Ivy Hill Lane to a point approximately 175 feet north, upon the following conditions: i. "No Parking" signs shall be installed along the opposite side of the roadway and at the beginning and end of the temporary event parking area. ii. Roadway weaving horses shall be removed from the roadway during such events. iii. The Police Department shall have enforcement powers along the newly created no parking areas on Arbor Drive due to its relation to fire safety. 8. The Site Plan approval shall expire one year after the date of the approval resolution. Upon written request, the Site Plan approval may be extended by the Board of Trustees for a period of 6 months for good cause shown. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the Amended PUD Subdivision application as proposed, but does not recommend the BOT approve the Amended PUD Site Plan application as currently proposed unless further information regarding the proposed new Maintenance Shed as outlined above, is submitted for review. Dated:Rye Brook, New York May 10, 2012 A motion was made by Mrs. Schoen and seconded by Mr. Goodman. 21 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... Mr. Grzan stated that he wants to make sure Mrs. Schlank's letter will be appropriately addressed. Mrs. Gray responded„it would be. Mr. Accurso asked about the detention basin draft maintenance plan and if the Village received one. Mr. Nowak responded, yes. Mr. Nowak called the roll, and the report and recommendations were adopted: MR. ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKEMAN YES Mrs. Gray was asked to read the resolution to submit the Report and Recommendation to the Board of Trustees: May 10, 2012 APPROVED RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE ON THE APPLICATION FOR APPROVAL OF AN AMENDED PUD SITE PLAN AND AMENDED PUD SUBDIVISION APPLICATION FOR THE ARBORS HOMEOWNERS ASSOCIATION 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 Application for Approval of an Amended PUD Site Plan and Amended PUD Subdivision Plat and requests the Secretary to the Planning Board forward a cope of the Report to the Board of Trustees and the Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES 22 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... MR. GRZAN YES MR. GOODMAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKEMAN YES 5. Review of an application by Kimberly Salvatore for approval of a Site Plan to construct multiple additions to the existing single family structure located at 9 Edgewood Drive, Rye Brook,NY, Parcel I.D. 135.28-1-20 The Chairman explained the application was before the Planning Board because the gross floor area would be increased by more than 50 percent. This application is on the agenda for the June Zoning Board of Appeals meeting. He would like to schedule the public hearing for the application for the next meeting of the Planning Board. Mr. Fred Grippi, architect for the applicant, explained to the Board that they believed the application would be adjourned until after the Zoning Board meeting. He is still working on revised plans that have not been submitted. Chairman Zuckerman stated he hoped the revisions would have been incorporated already, but assuming the Zoning Board renders a decision at its June meeting, we will schedule a Public Hearing for the June 14`h Planning Board meeting. He suggested to Mr. Grippi that he address Mrs. Timpone-Mohamed's recommendations to speed things along. Mrs. Mohamed was asked to read the resolution setting the Public Hearing: May 10, 2012 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 9 EDGEWOOD DRIVE VILLAGE OF RYE BROOK PLANNING BOARD 23 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... WHEREAS, Mr. Bryan Salvatore, property owner, submitted an application for approval of a site plan to construct multiple additions to a one and one-half story existing home located at 9 Edgewood Drive in the R-25 zoning district, Section 135.28, Block 1, Lot 20 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 June 14, 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 approved: MR. ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKEMAN YES 6. Review of an application by Sarah Anne Trayner (66 Bowman Ave Realty Corp.)for an Amended Special Use Permit and Amended Site Plan for the property located at 66 Bowman Ave,Rye Brook NY,Parcel I.D. 141.27-1-24 Chairman Zuckerman advised the Board that a request from the applicant for an adjournment to the June 14, 2012 meeting was submitted and the review of the application is adjourned to the requested date. 7. Review of an application by TD Bank,N.A.for approval of a Site Plan to demolish an existing structure and construct a new bank building on property located at 101-5 South Ridge Street,Parcel I.D.141.27-1-27. Ms. Janet Garris addressed the Board on behalf of TD Bank. At a prior meeting there 24 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... were a number of comments and concerns especially regarding parking spaces on the southwest side of the proposed building. They modified the location of the building in order to eliminate the parking spaces that were of concern. The parking area was rearranged and in doing that they were able to add one more parking space to the site plan. The new layout increased the number of queuing spaces on the property, which eliminates the need for one of the requested variances, reducing the number to 4 variances. They increased the amount of landscaping and reduced the impervious surface coverage. The traffic study was performed as requested and the report was submitted. In response to the FP Clark comments, a pedestrian crosswalk was added. In regard to trash storage, because it is of a sensitive nature for a bank, it is picked up by a private company at the end of every day. There are no outside trash receptacles. Hazardous materials clean up on the property is the responsibility of the property owner, and it is their understanding that all subsurface remediation is complete. The owner will obtain the "No further action letter" from the DEC, although they are not sure when that will be. They also have a Phase One Remediation Plan that they are prepared to submit at this meeting. The landscape plan was revised to incorporate additional native plants and trees. The size and height of the proposed free standing sign was reduced so height and size variances are no longer needed. Mr. Joseph Colucci Engineer for the applicant went over the new plan drawings with the Board and a a question and answer period followed. A storm water management plan was submitted to the Village. A request for a perc test was made and the test is being scheduled. A brief discussion regarding the subsurface remediation performed then followed. The applicant was asked and will try to get detailed information regarding the issue from the environmental company. The resolution will be conditioned so that no building permits will be issued until the "No further action letter"letter from the DEC is received. The applicant provided a revised site plan responding to the Westchester County request to move the building closer to the street and forward. After review of the plan and discussion, it was clear the revised plan would not work. The application review was adjourned to June 14, 2012 25 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... NEW BUSINESS 8. Review of an application by Frank Gabriel for Site Plan Approval to construct a rear-yard deck at the existing single family structure located at 432 North Ridge Street,Rye Brook,NY, Parcel I.D. 129.68-1-3 Chairman Zuckerman explained the application is before the Planning Board because it is in the North Ridge Street Scenic Road Overlay District. However, it involves the construction of a rear deck that would not be visible from North Ridge Street. The Chairman explained it is his view that this kind of application should be reviewed by the Building Department and should not come before the Planning Board for review. He stated he would like the Village Code amended to effect this change for future applications such as the one before the Board now. Mrs. Mohamed stated there are no planning issues concerning the Scenic Roads Overlay District as the deck is completely within the rear yard. It would not be seen from the street. There are also landscape plantings in the view shed from the street. Mr. Nowak added that there are no storm water or erosion issues, but the applicant is requesting waivers from the site plan checklist. Mrs. Mohamed was asked to read the resolution setting the Public Hearing for June 14, 2012: May 10, 2012 APPROVED RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 432 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Frank Gabriel, property owner, submitted an application for approval of a site plan to construct a new deck in the rear yard and install a new sliding door exit to the deck for an existing home located at 432 North Ridge Street, in the R-15 zoning district and the North Ridge Street Scenic Road Overlay District(SROD), Section 26 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,May 10,2012-8:00 p.m. ............................................................................... 129.68, Block 1, Lot 2 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 June 14, 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 Mr. Tartaglia and seconded by Mrs. Schoen, Mr. Nowak called the roll and the resolution was approved: MR. ACCURSO YES MR. GRZAN YES MR. GOODMAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKEMAN YES There being no further business, on a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was adjourned at 9:54pm by unanimous voice vote. 27