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HomeMy WebLinkAbout2012-06-14 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday June 14,2012 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the December 2011 minutes AFFORDABLE HOUSING 2. Review of a Site Plan Application by Lou Larizza for Fair and Affordable Housing for a parcel located at 525 Ellendale Avenue Rye Brook,NY, Parcel ID 141.27-1-49 • Considering a Report and Recommendatio 3. Review of a Site Plan Application by Frank a for Fair and Affordable Housing for a parcel located at 80 Bowma nu , e Brook,NY,Parcel ID 141.27-1-26 • Applicant requested an adjournmen PUBLIC HEARING 4. Review of an application riel for Site Plan approval to construct a rear yard deck onto thee 1sI e family structure located at 432 North Ridge Street, Rye Brook,NY, 'cel I 2 -1-3 • Considering a sol ion 5. Review of an applicati 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 • Considering a Resolution CONTINUED BUSINESS 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 • Applicant requested an adjournment 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,Rye Brook,NY, Parcel I.D. 141.27-1-27. • Considering a Report and Recommendation 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. 8. Review of an application by John Scarlato Jr. on behalf of Mr. and Mrs. Klein for approval of a Site Plan to build an extension to the existing house located at 68 Valley Terrace,Rye Brook NY,Parcel I.D. 135.51-1-71 • Considering a resolution scheduling a Public Hearing NEW BUSINESS 9. Review of an application by Kip Konigsberg on behalf of K&M Realty for approval of an Amended Site Plan to increase the occupancy density from 10 to 20 dwelling units on the property located on the south side of Bowman Ave, west of South Ridge Street,Rye Brook NY,Parcel I.D. 141.26-1-1.1 ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present meeting. PRESENT BOARD Mrs. Domenic Ace Mr. Robert Goodman Mr. JohnGr Mr. Bill er Mrs. Am S Cha a y erman EXCUSED Mr. Ta aglia STAFF Mrs. Jennifer Gray,Village Counsel Mrs. Marilyn Timpone-Mohamed,Village Planning Consultant Mr. Mike Nowak, Jr. Acting Village Engineer Ms. Shari Melillo,Planning Board Secretary Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He then introduced the Board members and the Village Staff to the audience and explained the rules of procedure for the meeting. Additionally, Chairman Zuckerman made note for the public that the complete set of Planning Board Rules and Procedures can be found on the Village web and can also view the Planning Board meetings on streaming video. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. MINUTES 1. Review of the December 2011 minutes There being no comments or questions, on a motion made by Mrs. Schoen and seconded by Mr. Goodman,the minutes were approved and Mr.Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES AFFORDABLE HOUSING 2. Review of a Site Plan Application by Lou Larizz r Fair and Affordable Housing for a parcel located at 525 Ellendal e Rye rook, NY, Parcel ID 141.27-1- 49 • Considering a Report and a ation The applicant believes there is in urthe add stating that in his opinion the issues previously identified by pla ng Bering have been addressed correctly and appropriately and there are fu p g issues. Chairman Zuckerman confi th through a memo from Dolph Rotfeld's office, all items have been satisfactorily addresse Mrs. Mohamed disagrees and believes there are actually three items that have not yet been resolved. The first item being if the site was ever developed before noting that the property card states it was developed at one point with a garage and a shed. Because of that, the applicant should provide documentation regarding hazardous subsurface material thru subsurface soil testing. Secondly, the trash receptacle has been moved away from the front property line and closer to the next door existing home and Mrs. Mohamed believes a shed should be provided adding that the applicant agreed but it is still not noted on the plan. The final item is in regard to parking where the applicant said they provided the photographs but we have not seen them to review. Chairman Zuckerman added that all the items brought up by Mrs. Mohamed are all documented in the draft report and recommendation to the Board of Trustees. Mrs. Gray read a summary of the report and recommendation: 1313/74/4485791,1 7126713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED SITE PLAN APPLICATION AND REZONING PETITION FOR 525 ELLENDALE AVENUE I. PROJECT OVERVIEW On June 14, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a proposed Site Plan Application and Rezoning Petition to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was originally made by Lazz Development on behalf of the owner, Louis Larizza. Louis Larizza has since authorized Pawling Holdings, LLC ("Applicant") to be the new Applicant for the project. As originally proposed the applicatio s for approval of a site plan to construct a four-family two-story multiple dwelling four units of affordable housing, along with a request for a zone change from R2- th -1 Zoning District on property located at 525 Ellendale Avenue and designate s Section .27, Block 1, Lot 49 on the Town of Rye Tax Map ("Property"). The Prope-ty I urren y located in the R2-F Zoning District and is currently vacant. The Applicant continues to pro ose t on coon of a two-story multiple dwelling with four (4) units of affordable sI but e rezoning request has been modified. After the BOT adopted new affordable ation creating the FAH District and pursuant to the provisions of that legi t p scant submitted a Petition to the BOT requesting a zone change from R2- the H oning District. That Petition was referred to the Planning Board on April 24 0 2. Site plan approval is req red pursuant to Section 209-1(B)(1) of the Village of Rye Brook Code. The BOT is the approval authority for the site plan application pursuant to Section 209-1(A)(1)(iv) of the Village of Rye Brook Code and for the requested zone change pursuant to Section 250-26.1(E)(2). II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its July 14, 2011, August 11, 2011, September 8, 2011, October 13, 2011, December 8, 2011, February 9, 2012, May 10, 2012 and June 14, 2012 meetings. F.P. Clark Associates, the Village's Planning Consultant, provided Memoranda to the Planning Board, dated July 8, 2011, September 2, 2011, October 7, 2011, February 3, 2012, May 3, 2012 and May 24, 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 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Engineering Consultant, provided Memoranda to the Planning Board dated November 7, 2011, December 2, 2011, January 4, 2012 and June 11, 2012, as well as an email memorandum dated June 13, 2012. The memoranda are incorporated by reference herein and the comments set forth in the memoranda will be incorporated below, as applicable. FAH Petition The purpose of the FAH District is to "provide flexible land use regulations, a streamlined permitting process and incentives to encourage the development of fair and affordable housing within the Village that will remain fair and affordable for at least 50 years as required pursuant to the Stipulation"and to "encourage a balanced demographic." (Village Code §250-26.1(B)). Rezoning the property to the FAH District will permit the construction of four (4) units of affordable housing in a transitional area between the C-1 District to the west and the R-2F District. The consensus of the Planning Board is that rezoning the Property to FAH is appropriate. Pursuant to the proposed site plan, the follow' waiversI would be necessary from the BOT, as set forth in the Village of Rye Brook B . ing pector's Zoning Analysis, dated May 4, 2012, in order for the site plan to be nslstent the provisions of the FAH District: 1. &250-32.F.(2)(a). The inimu required single side yard setback is 6 feet. opo site plan calls for a single side yard setback . Therefore a l foot single side yard ck w 'ver is required. 2. 250-25.F. e mr um required rear yard setback is 30 fe . Th op site plan indicates a 26 foot rear yard set Th f e a 4 foot rear yard setback waiver is required. 3. §250-25H.(2). The maximum allowable side height setback ratio is 4.0. The proposed site plan indicates a 5.51 side height setback ratio at the east elevation. Therefore a 1.51 side height ratio waiver is required. 4. &250-25-.D. The maximum allowable Gross Floor Area (GFA)is 2,359 sq. ft. The proposed site plan indicates a GFA of 2,760 sq. ft. Therefore a GFA waiver of 401 sq. ft. is required. Section 250-26.1(F)(3)(b) permits the BOT to waive the applicable dimensional and bulk requirements as it deems appropriate upon the balancing of the factors set forth therein. The dimensional and bulk standards applicable in the FAH District are those of the current zoning district (in this case R-2F) plus any additional FAH District requirements (i.e. minimum floor area,occupancy standards). 1313/74/4485791,1 7/26/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. 5. X250-250-25.I. The minimum required useable open space is 4,800 sq. ft. The proposed site plan indicates a total of 325 sq. ft. of useable open space. Therefore a useable open space waiver of 4,475 sq. ft. is required. 6. &250-37.C. The maximum allowable total impervious coverage is 3,303 sq. ft. The proposed site plan indicates 4,259 sq. ft. of impervious coverage. Therefore, a 956 sq. ft. total impervious coverage waiver is required. 7. §250-37.D. The maximum allowable front yard impervious coverage is 30%. The proposed site plan indicated a front yard impervious coverage of 74%. Therefore a 44% front yard impervious coverage waiver is required. 8. §250-6.G.(1)(c)f41. The mini number of required off-street parking spaces is 8. he oposed site plan indicates 6 spaces. Therefore L e rking waiver for 2 spaces is required. 9. 250-2.Definitions PALING S This section defines a parking spa eing not less than 175 sq. ft. in size. The propos site plan indicates 5 spaces at 162 sq. ft., an��space at sq. ft. Therefore spaces 2 through 6 will ea a 13 sq. ft. waiver, and space 1 will requiO& a3 Iver. 10. 250-6.G. d 2 . The minimum required front yard setback for u closed off-street parking is 25 feet. The proposed site plan indicates space #6 will be setback 7 feet from the front property line. Therefore an 18 foot front yard unenclosed off-street parking space waiver is required. 11. §250-6.G.(1)(d)[2]. The minimum required side yard setback for unenclosed off-street parking is 2.5 feet. The proposed site plan indicates parking along the west elevation will be setback 2 feet from the property line. Therefore a 0.5 foot side yard unenclosed off-street parking setback waiver will be required. 12. &250-6.A.(1)(g)f31fal. The maximum allowable height of a fence or wall in a front yard is 4 feet. The proposed site plan calls for a 6 foot high privacy fence enclosure in the 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. front yard. Therefore a 2 foot front yard fence height waiver is required. 13. &250-26.1.F.(3)(d). (Based on the latest floor plan provided by the applicant dated 6121111) The minimum required floor area of a one-bedroom AFFH unit is 675 sq. ft. The proposed plan indicates 570 sq. ft. for the 1st floor units, and 584 sq. ft. for the 2'd floor units. Therefore, waivers of 105 sq. ft. are required for the 1st floor units, and 91 sq. ft. for the 2'd floor units. The dimensional and bulk requirement waivers requested by the Applicant from the BOT must be reviewed in accordance with the standards set forth at Section 250-26.1(F)(3)(b) which are as follows: [1] Consistency with the purpose and intent of the Village of Rye Brook Zoning Code and Official Map; [2] Furthering fair and affordable housi hin the Village; [3] Harmony with the appropriate order velopment of the immediate area; [4] Impacts upon the orderl evelop t and quality of life for neighboring areas; [5] Advancement of mic vel ment within the Village; [6] The location, n ght of buildings, location of parking and t d e tent of landscaping on the site such that t odi I di sional or bulk requirement will not hinder or dis rage e appropriate development and use of adjacent land a ldings or substantially impair the value thereof, [7] Adverse environmental impacts; and [8] Whether the requested modification or waiver is the minimum necessary to maintain the economic viability of the development proposal. Based on the aforementioned standards, the Planning Board recommends the waivers be granted. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Site Plan Traffic The Applicant submitted a "Traffic Report" prepared by Ralph G. Mastromonaco, P.E.,P.C. dated January 19, 2010 and December 6, 2011 which was reviewed by the Planning Board and FP Clark. FP Clark's February 3, 2012 memorandum states the following: We reviewed the Site Plan and "Traffic Report" prepared by Ralph G. Mastromonaco, P.E., P.C. dated January 19, 2010 and December 6, 2011. In reference to the "traffic report" prepared by the Applicant's Engineer it is important to note that the document provided should not be considered a traffic report, but simply a traffic evaluation. A traffic report would typicall rovide a detailed description and inventory of area roads tc access conditions, accident analyses and, when appr iat capacity analysis results for nearby intersections and e it ac rive. Although not requested, the tr c evaluation provided indicates the number of resi\ential unI -oposed, the number of parking spaces, anticipated e and an estimate of site traffic generation ba trip ener tion rates provided by the Institute of Tran ati Eng ers (ITE) and published in "Trip Generatio " 8 2008. It provides a summary stating the opo d pment will generate two vehicle trips durin h oft ekday peak hours and that there will be insignifican p is on area roads due to the increased traffic. We agree th the summary with regard to level of site traffic generation for each of the peals hours, and that it would likely have an insignificant impact to area roads during each of these peak hours. The consensus of the Planning Board is that the proposed project will not have a significant impact on traffic on area roads during peak hours. Off-Street Parking Layout— Front Yard vs. Rear Yard Over the course of review of the proposed site plan, the location of the parking area in the front of the property versus the rear of the property was a primary topic of discussion. Those board members who preferred the parking in the rear of the property reasoned that it was consistent with the character of the neighborhood and less disruptive to neighbors. Those members who preferred the parking in the front reasoned that it would allow the building to 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. be further from the Village Department of Public Works property across the street. Consistency with existing neighborhood conditions is the overarching concern for the Planning Board. The Applicant prefers parking in the front so as to provide a private, backyard area for the residents. The Planning Board requested the Applicant submit a plan showing parking in the rear of the property. This plan was reviewed by the Planning Board at the October 13, 2011 meeting and the consensus was a preference for parking in the front for the reasons stated above, as well as those set forth in the October 7, 2011 F.P. Clark memorandum. Off-Street Parking Sufficiency Since fewer parking spaces are provided than would be required for a four (4) unit multiple dwelling the Planning Board, through its Planning Consultant, requested the Applicant provide a limited parking study that would include information regarding the availability of on-street parking along Ellendale Avenue 00karious times throughout the day. The Applicant provided a photograph of Ellendale AvNwet at approximately 1:00 P.M. on February 6, 2012 and another photograph loolci proximately the same time. Photographs of additional time periods (i.e. wfeb 9pm, IOpm and 11pm and Saturday midday at loam, 12pm and 2pm) wee Applicant at the Planning Board's June 14, 2012 meeting. Howe er, aphs of the remaining time periods requested in prior memoranda by F.P. Cla ntly in F.P. Clark's May 24, 2012 memorandum, have still not been submitted (i.e. Saturday evening at 9pm, l Opm and l 1pm). This information must mitt by he Applicant for review by the Village to determine whether sufficient o et rkin Is available to accommodate any overflow parking from the site, resulti e that fewer parking spaces are being provided than would otherwise be r fired (4)unit multiple dwelling. Fencing and Trash E s e To resolve two outstanding site plan issues that were life safety concerns pertaining to sight lines the Applicant has revised the proposed Site Plan to reduce the height of the fence at the front property from six feet to two feet and relocated the proposed trash enclosure six feet to the north so as to be further from the street. As originally proposed the fence and trash enclosure caused sight line issues for pedestrians on the sidewalks and drivers exiting and entering the parking area. FP Clark's May 24, 2012 memorandum provides the following: The Applicant agreed to install a 6-foot privacy fence along the rear property line of the lot and to reduce the number of plants in the rear yard. Based on the photo provided to our office of the natural vegetation and low retaining wall located on the commercial property to the west along the common property line with the subject lot, we agree that a privacy fence along the 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. west property line is not required. However, we recommend, as a condition of approval, that if the vegetation on the commercial property is removed in the future, installation of a 6-foot privacy fence along the common property line with the commercial property will be required. With respect to fencing, the Planning Board notes that the site plan has been revised to show a 6-foot privacy fence along the rear property line and rear-yard eastern property line. It is the consensus of the Planning Board that a note should be added to the site plan stating "If vegetation on the commercial property to the west of the subject lot is removed in the future thereby eliminating screening between the commercial property and the subject residential lot, the owner of the subject lot shall install a 6-foot privacy fence along the western property line of the subject lot." Although the trash receptacle has been relocated further into the interior of the lot to address the previous sight line concern, plans do not sho t the trash area will be enclosed. As the proposed location of the trash receptacle is • ctly adjacent to the neighboring residence, it is the consensus of the Planning Bo th rash must be stored in a fully contained receptacle, including a lid or cover, t t i enclo y a 6-foot high solid vinyl fence that matches the color and style of other f n he pr perty. Landscape Plan FP Clark's May 24, 2012M ndw ro Ides: The Applicant ag to evise site plan to show grass and low plantings r roperty line within the limited space in fro of th n 11. It is the consensus of PI ning Board that all comments regarding the landscape plan have been satisfactorily ad ed. Stormwater Management Stormwater management was reviewed by the Planning Board at its November 10, 2011, December 8, 2011, January 12, 2012 and June 14, 2012 meetings. After several rounds of revisions, all items raised by Dolph Rotfeld Engineering, P.C. had been resolved, except that any approval of the proposed Site Plan should be conditioned upon the Applicant performing percolation tests by deep test holes during excavation and submitting the test pit data to the Village Engineer/Superintendent of Public Works which shall include soil percolation time. Impacts to School District The Applicant submitted information regarding impacts to the local school district, including the methodology used to determine the number of school children generated by the 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. project. The Applicant's conclusion was that 0.28 school children would be generated which the Applicant rounded down to zero. The Planning Board reviewed this information and FP Clark provided the following response in its May 3, 2012 memorandum: The Applicant provided an analysis of potential impacts to the local public school district in the February 7, 2012 letter to the Planning Board from Ralph Mastromonaco. It appears from a table provided in the letter that the analysis is based on a multiplier developed by Rutgers University to determine the number of K-12 public school children generated by a one- bedroom, multiple-dwelling, rental unit. The Applicant should clarify if the coefficient in the table is one provided in the New York State section of the June 2006 Rutgers University Center for Urban Policy Research publication "Residential Demographic 'pliers," which is the latest version of one of the standar thodologies used to estimate the number of public school.6 de enerated by new housing. As this publication doh n t incl calculation multiplier for a one-bedroom rerftal un a 4- nit building for rent-price categories from 1 Qsthan $5�Q0 to more than $1000 per month, it appears that ultipl of .07 used by the Applicant is the Rut ers N multiplier for aone- bedroom rental un' ere - rice category of more than $1000 per month n five or more units. We agree that using a li for one-bedroom rental unit in a building of 1,e or e Its would be close to the multiplier for aone-be m re I unit in a 4-unit building, provided that the rent-price c of more than $1000 per month is the correct estimated rent price for the proposed units. The Applicant should provide the estimated rent for the proposed units and clarify the source and parameters of the multiplier used. Using the .07 multiplier generated a potential for .28 students as indicated by the February 3, 2012 letter. The potential for .28 students is conventionally rounded up to 1 student, not 0 students as the Applicant states in the letter. However, the potential of one additional public school child from the proposed development should not be a significant impact to the Port Chester School District. The Board should note that the Applicant analyzed the number of students that would go to public school. They did not generate or analyze the total number of school-age children that 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. would expected from the project, which is also useful in determining impacts to schools. The total number of school-age children recognizes that some children from the development may go to other types of schools such private or religious schools. The latest Rutgers multiplier for the total number of school-age children for a one-bedroom rental unit in the rent- price category of more than $1000 per month in a building of five or more units is .08 per unit which would generate .32 potential students for the 4 proposed housing units, which is still one school-age child generated by the entire development, provided that the rent-price category of more than $1000 per month is the correct estimated rent price for the proposed units. Rutgers also provides multipliers of.25 to .36 with an average multiplier of.3 for all selling price values to calculate the total number of school-age children for o er-occupied one- bedroom units in a 2 to 4-unit buildi n unit selling-price categories from less than $74,500 to re n $110,000. The Rutgers study also estimates the in price e of a rental housing unit in a 1 to 4 unit mu ti lling o be 100 times the gross rent of the unit. herefor ssuming that the rent- price category of more tha 0 pe month is the correct estimated rent price for the p s nits, a multiplier of .36 for a one-bedroom th a lling price value of more than $110,000 in a 2 0 bui mg may be a more accurate multiplier for d e elopment (more than $1000 rent X 100 = than 1 , 00 selling price). Using the same rationale, a re a urate and conservative multiplier to generate childre t ding public school would be .3. Using the new multipliers, the total number of school-age children generated by the development would be 1.4 rounded up to two children, and the number of school-age children attending public school would be 1.2 rounded up to two children. Even when the new, more conservative multipliers are used, there is the potential for a total of two school-age children and the potential for two children attending public school from the proposed development. Two additional public school children should not be a significant impact to the Port Chester School District. After review of the Applicant's information and the response by FP Clark, the consensus of the Planning Board is that whether the project generates zero, one or two school children, the project will not result in a significant impact to the local school district. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Other SEQRA Items As stated in FP Clark's May 3, 2012 Memorandum the following information has not yet been provided to the Village and is necessary for the Village to complete its review pursuant to SEQRA: 1. Impacts during Construction. A draft construction management plan that includes discussion of potential impacts and mitigation proposed regarding impacts to air quality, existing trees, noise, potential for blasting, rock or soil removal, need for fill, and construction parking and traffic impacts should be provided. 2. Hazardous Materials. The Applicant should provide substantiation that the site has never been developed and/or does not contain any sub-surface ha dous materials or chemicals. The soil test pits and site ' ections performed to date are not the soil testing an ve ' ation required to provide substantiation that the ' e as nev en developed and/or does not contain any e haz rdous materials or chemicals that is req ired to a ess hazardous materials under SEQRA. 3. Community Ser Th App icant should contact the Building Insp t reques a review of the development plan and a en o codings by Rye Brook and Port Chester erge s es. In response, the Ap ant rovided on June 4, 2012 an undated Construction Management Plan, which in tes that development of the site involves modular construction. The Construction Management Plan should be reviewed by the Village Superintendent of Public Works/Engineer regarding, but not limited to compliance with Village regulations regarding construction, traffic control, use of a crane to set the modular units, staging areas for units before they are brought to the site for placement, and protection of existing trees on adjacent properties when modular units are placed. The Applicant also provided a Town of Rye Assessors Property Card that purportedly demonstrates the lot has been vacant since 1934. However, the Property Card indicates that a garage and shed were previously constructed on the property adjacent to the front property line. Since the Property Card confirms that the site was previously developed with a garage and shed, further information should be submitted by the Applicant to confirm whether the site contains any sub-surface hazardous materials or chemicals. Lastly, no information was submitted regarding a review by the Rye Brook and Port Chester emergency services. It is the consensus of the Planning Board that this review must be conducted prior to any approval by the Board of Trustees. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Public Comment Although not required, the Planning Board took public comment at its August 11, 2011 meeting since several members of the public attended the meeting for this application. Residents of the area commented that there is no need for affordable housing in that area. However, as the Board of Trustees is aware, Westchester County has already identified most of the Village of Rye Brook, including the neighborhood of which this property is a part, as an eligible community for affordable housing pursuant to the Stipulation of Settlement. Therefore, it has already been determined that affordable housing is needed in our community. There were also concerns about the sufficiency of parking and the spillage of light outside the property. It was also discovered through public comment that the Applicant's property and the neighboring property (SBL 141.27-1-50) are both identified as 525 Ellendale Avenue. III. PLANNING BOARD RECOMMENDATIONS After review of the application and after disc n and consideration of the issues raised therein, as more particularly set forth above, Pla 'ng Board recommends approval of the proposed Site Plan and FAH Petition pr de the ing items are satisfactorily addressed: 1. Stormwater Managemen-As a dition of any approval of the proposed Site P1•an the A lie shall perforin percolation tests b deep test hWs during excavation and shall submit pi data to the Village Engineer/Sup ri o Public Works which shall include so' la time. 2. Impacts g Co truction-Approval of the Site Plan must be conditio n approval of a final Construction Management an by the Village Engineer/Superintendent of Public Works. The Board of Trustees should consider requiring public notification of the commencement of construction. 3. Hazardous Materials. To complete review of the project pursuant to SEQRA, the Applicant should provide additional information regarding previous development on the site, or the results of subsurface soil testing that show that the site does not contain any sub-surface hazardous materials or chemicals. 4. Community Services. Prior to a determination by the BOT on the proposed Site Plan it must be reviewed by the Rye Brook and Port Chester emergency services with a written report of findings regarding emergency access. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. 5. A note shall be added to the Site Plan as follows, "If vegetation on the commercial property to the west of the subject lot is removed in the future thereby eliminating screening between the commercial property and the subject residential lot, the owner of the subject lot shall install a 6- foot privacy fence along the western property line of the subject lot." 6. Trash Receptacle - As the proposed location of the trash receptacle is directly adjacent to the neighboring residence, trash shall be stored in a fully contained receptacle, which includes a lid or cover, enclosed by a 6-foot high solid vinyl fence that matches the color and style of other fences on the property. 7. Sufficiency of Proposed Off-StreeXna g — Although the Applicant submitted, at the Plannind's June 14, 2012 meeting, photographic documentaqrt of the limited parking study requested b the-, Plan Board, the Applicant has not submittenocntati n pertaining to Saturday evening hours�f 9pm, lCmm or I Ipm. Prior to any BOT approval of req'�ed walyers related to parking, the Applicant must submit Ill emaining photographic documentation s cently requested in F.P. Clark's May 24, 2012 me o r BOT, to determine whether sufficient t king Is available to accommodate any overflo arkin o e site, resulting from the fact that fewer Need ces are being provided than would otherwfor a four(4)unit multiple dwelling. In addition, the Planning Board further recommends renumbering the property, whether or not this project is approved in this or any other form, to avoid confusion resulting from two abutting properties identified with the same street address. Such confusion could lead to serious safety concerns in the event emergency services are called upon to respond to either property. The Planning Board notes that it has not received written verification of compliance with any applicable Westchester County affordable housing guidelines or financial subsidy requirements, but the Planning Board takes the position that the granting or denying of federal, state or county subsidies is not within the purview of the Planning Board's review of the site plan. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. IV. CONCLUSION In conclusion, the Planning Board does not recommend the BOT approve the proposed Site Plan or the FAH Petition until the items set forth above are satisfactorily addressed. Discussion: A motion was made by Mrs. Schoen and seconded by Mr. Goodman after which there was discussion on the report. The plans still do not show a. covered or enclosed trash receptacle to which Mr. Larizza. responded he would give the Board whatever they would prefer. Chairman Zuckerman explained that wasn't the problem — the problem is that there has been no note added to the plan. Impacts of construction —Mr. Nowak is comfortable he plan he has formatted with Mr. Larizza and will be providing a final draft for the B w ' the week. Mrs. Schoen would like the neighbors notified in some way. Hazardous materials — Chairman Zuckerm believ t may be overkill but Mrs. Mohamed reminds the Board that one of the criteria a i azardous materials and therefore it needs to be addressed thru some kind of s es in the area of where the garage was located which according to the S' o Ma was in the front of the property. Chairman Zuckerman disagrees but the remarr oard agrees with Mrs. Mohamed and leaves it as a condition. Parking— Mr. Grzan explai at a ign infront of the house shows a no parking sign from October to March and believes eeds to be added to the recommendations as a potential issue. Mr. Grzan believes there e two major issues —the rezoning and the waivers of some 13 zoning variances. He feels that this Board did not have sufficient discussion regarding those issues. His sense is that putting the 4 units on this site is extremely tight and while he understands the whole process he felt he needed to express his feelings. Chairman Zuckerman responded that the whole purpose of the Fair and Affordable Housing District is to allow this type of housing in situations where it might otherwise not fall under the zoning code. Mr. Grzan questions if the tenants of this application will actually enjoy living there. He believes there could be a better location for this application. Mrs. Schoen is concerned with the parking—what happens if there are not just cars but SUV's as well'?Mr.Nowak has not yet addressed that particular issue. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. There being no further discussion, Mr. Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution authorizing the Planning Board Secretary to send the Report& Recommendation to the Board of Trustees: June 14, 2012 APPROVED (6-0) RESOIU qN AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THY-TE PLAN APPLICATION AND REZONING PET*Pition 25 LLENDALE AVENUE BE IT RESOLVED, t , ard of the Village of Rye Brook adopts the attached Report and Reco enage of Rye Brook Board of Trustees on the Site Plan application an ezor 525 Ellendale Avenue andrequests the Secretary to the Planning Boar o rd 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 June 14, 2012 meeting, prior to such Report and Recommendation being forwarded to the Board of Trustees and Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the resolution was approved and Mr. Noway called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES 3. Review of a Site Plan Application by Frank Madonna for Fair and Affordable Housing for a parcel located at 80 Bowman Avenue,Rye Brook,NY, Parcel ID 141.27-1-26 • Applicant requested an adjournment Adjourned to July meeting 4. Review of an application by Frank Gabriel for Site Plan approval to construct a rear yard deck onto the existing single family structure located at 432 North Ridge Street, Rye Brook,NY, Parcel I.D. 12 -1-3 • Considering a Resolution On a motion made by Mrs. Schoen and s nded . Grzan, the Public Hearing was opened and Mr.Nowak called the roll: MR. ACCURSO Y MR. GOODMAN S MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERM N YES Chairman Zuckerman stated the only basis for this application is that it lies in the Scenic Roads Overlay District The applicant, Mrs. Grabriel, addressed the Board explaining that this is a request to build a deck in the rear of the house which cannot be seen from Ridge Street. There being no comments or questions from the Board or the Public, Chairman Zuckerman called for a motion to close the Public Hearing and on a motion made by Mrs. Schoen and seconded by Mr. Goodman, the Public Hearing was closed and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES 1313/74/4485791,1 7126/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution: June 14, 2012 APPROVED 6-0 RESOLUTION APPROVING A SITE PLAN TO CONSTRUCT A NEW DECK IN THE REAR YARD OF A SINGLE FAMILY DWELLING AT 432 NORTH RIDGE STREET IN THE SCENIC ROADS OVERLAY DISTRICT VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Frank Gabriel, property o submitted an application to the Village of Rye Brook for approval of a site plan to tru new deck and sliding door exit to the deck in the rear yard of an existing home ate at 43 rth Ridge Street in the R-15 zoning district and the North Ridge Street Seem a s Ov rlay District (SROD), Section 129.68,Block 1, Lot 2 on the Town of Rye x Asse s Map; and WHEREAS, the Planning Board r w the following plans and application materials: 1. Exterior Building Applicati 2. Site Plan Application e st 3. Site Plan, Deck Pl Rear vat and Details, Sheet A-1,prepared by Arconics Architecture,P.C.,R roo N.Y. dated April 20, 2012 WHEREAS, the Applic t requests a waiver of documents listed on the Site Plan Review Check List which have not already been submitted with the application; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application, potential impacts to the Scenic Road Overlay District, and the requested waiver; and WHEREAS, on May 10, 2012 the Planning Board of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type 11 Action requiring no additional review under SEQRA; and WHEREAS, on June 14, 2012, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Planning Board closed the public hearing on June 14, 2012. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that after reviewing the recommendation of the Village Engineer/Superintendent of Public Works, the Village of Rye Brook Planning Board hereby grants the Applicant's request for a waiver from submittal of the required documents on the Site Plan Review Check List other than those which have been submitted with the application; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board determines that the new deck and sliding door exit to the deck will not adversely affect the visual resources of the North Ridge Street Scenic Road Overlay District and hereby approves the site plan referenced herein to construct a new deck and sliding door exit to the deck in the rear yard of the existing home located at 432 North Ridge Street; and BE IT FURTHER RESOLVED, that no permi all be issued until the Applicant has paid to the Village all applicable fees and professieview fees incurred in connection with review of this Application. On a motion made by Mr. Grzan and seconded by choen, the resolution was approved and Mr.Nowak called the roll: MR. ACCURSO MR. GOODMAN Y MR. GRZAN MR. LAUFER ES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKER 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 • Considering a Resolution On a motion made by Mr. Grzan and seconded by Mrs. Schoen the Public Hearing was opened and Mr. Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Mr. Mustocato addressed the Board and gave a brief overview. He stated this is here because they are increasing the FAR by more then 50%. They had required a rear yard set back and front yard impervious surface variance and both were granted by the Zoning Board. Mrs. Mohamed suggested that the new shrubs be moved away from the pine trees so the Arborvitae would have room to grow. Mr. Mustocato responded that he had sent a memo to Mr.Nowak and it is their opinion that because of the thin nature of the existing trees and given the angle of the sun the Arborvitae will survive there and do well. Mr.Nowak added that one of the concerns is that are in c proximity to the root flare of the existing pines—white pines by nature are brittle and n be maintained—the root zones are thick. They won't show decline right away but r r now or so they will show it and that is why they are concerned with the imp of lantin . Mr. Mustocato said that the shrubs were ad d becau hey were asked to provide screening but added they have no problem removing t t plan. Mr.Nowak suggested that maybe re e too ny proposed—he suggested planting only 9 instead of 18 and staggering the a Mr. Accurso asked if they uId be ve somewhere else to which Mr. Mustocato said he would work with Mr.Nowa d rel ate them. On a motion made by Mrs. Scho and seconded by Mr. Goodman,the Public Hearing was closed and Mr.Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Ms. Gray read the resolution: June 14, 2012 APPROVED 6-0 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. RESOLUTION APPROVING A SITE PLAN TO CONSTRUCT MULTIPLE ADDITIONS TO A SINGLE FAMILY DWELLING AT 9 EDGEWOOD DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Bryan Salvatore, Applicant and property owner, submitted an application for site plan approval for a rear one-story addition, second story addition and new roofed front and rear porches located at 9 Edgewood Drive, in the R-25 Zoning District designated on the Town of Rye Tax Assessor's Map as Section 135.28, Block 1, Lot 20; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Application 2. Site Plan Application and Checklist 3. Short Environmental Assessment Form 4. Topographical Survey, prepared by Benchm Lin d Grade,Inc.,Norwalk, C.T. dated 1/27/12, revised 3/12/12 5. Memorandum to the Planning Board from Broo Building and Fire Inspector, dated 12/8/11 6. Architect's Plans,prepared by RMG tes arrison,N.Y.: Sheet Number t Tit Dated A-1 t 2/24/12 rev. 6/8/12 A-2 Plan 2/24/12 rev. 6/8/12 A-3 le tions 2/24/12 A-7 First Floor Plan 2/24/12 A-8 Second Floor Plan 2/24/12 A-9 Roof Plan 2/24/12 A-10 Sections 2/24/12 A-11 Existing Floor Plans 2/24/12 WHEREAS, on April 12, 2012 the Planning Board of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type II Action requiring no additional review under SEQRA; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, on April 12, 2012 the Planning Board referred the application to the Zoning Board of Appeals for consideration of a front yard setback variance and front yard impervious surface coverage variance; and 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. WHEREAS, on June 5, 2012 the Zoning Board of Appeals approved the requested front yard setback variance of 30.03 feet on the condition that the front porch remain unenclosed and approved a front yard impervious surface coverage of 4.1% which is a reduction of 0.8%below that which was requested by the applicant; and WHEREAS, the applicant has revised the proposed site plan to show an 11 inch reduction in the width of the driveway in conformance with the approved front yard impervious surface coverage variance of 4.1%; and WHEREAS, on June 14, 2012, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Planning Board closed the public hearing on June 14, 2012; and WHEREAS, the Planning Board is familiar with ite and all aspects of the project. NOW, THEREFORE, BE IT RESOLVE at Village of Rye Brook Planning Board hereby approves the site plan referenced rei to co ct multiple additions to the existing home located at 9 Edgewood Drive, subje e foll wing conditions: 1. The Applicant shall comply t. re irements set forth in the Village Engineer/Superintendent of Publi or ay 10, 2012 Memorandum regarding Tree Protection and So' ent Erosion Control. 2. The Landscape Pn s 1 evised in accordance with the comments set forth in F.P. Clark's J 8, 2 orandum as comments of the Village Planning Consultant and Vill ge Engineer/Superintendent of Public Works at the Planning Board's Ju 14, 2012 meeting. BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the resolution was approved and Mr. Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. CHAIRMAN ZUCKERMAN YES CONTINUED BUSINESS 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 • Applicant requested an adjournment 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, Rye Brook,NY,Parcel I.D. 141.27-1-27. • Considering a Report and Recommendation As all prior issues have been addressed, Mrs. Gray r th port and Recommendation: PLANNING BOARD OF THE �GE O RYE BROOK REPORT AND REC MME TIONS TO THE VILLAGE OF RYE BROO RUSTEES ON THE APPLICATION FOR APPROVAL O A LAN FOR TD BANK,N.A.AT PROPERTY LOC AT 1 1-5 OUTH RIDGE STREET 1. PROJECT OVERVI On January 24, 201 , illage f ye Brook Board of Trustees ("BOT")referred a Site Plan application to the Vill o Rye Brook Planning Board ("Planning Board") for submission of a Report and Reco mendation. The application was made by TD Bank,N.A., ("Applicant") on behalf of property owner Bow Ridge Associates, LLC for approval of a Site Plan to redevelop the site by constructing a TD Bank branch together with related parking and infrastructure on property located at 101-5 South Ridge Street and designated as SBL 141.27- 1-27 on the Town of Rye Tax Map ("Property"). The Property is located in the C-1 Zoning District. 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, May 10, 2012 and June 14, 2012 meetings. Based on a review of the application and information provided by the Applicant and Village Staff, the Village's Planning Consultant, F.P. Clark Associates, provided Planning Memoranda to the Planning Board dated March 1, 2012, May 4, 2012 and 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. June 8, 2012, and Traffic Memoranda dated February 22, 2012 and May 1, 2012. The Village's Engineering Consultant, Dolph Rotfeld Engineering, PC (DRE) provided Memoranda dated March 16, 2012, May 3, 2012 and June 7, 2012. Comments were also received from the Westchester County Department of Planning, dated March 21, 2012, and from the Westchester County Department of Public Works/Transportation, dated May 18, 2012. The Planning Board discussed issues such as landscaping, parking, vehicular queuing at the drive-up teller windows, impervious surface coverage, stormwater management, trash service,remediation of environmental contamination on the property,traffic counts and traffic flow, construction management, necessary variances, and the location of the bank building on the site. A. Location of Proposed Buildinu At its March 8, 2012 meeting, the Planning d requested that the Applicant relocate the bank building closer to the street, consis with the comments received from Westchester County Department of Planning. It is 41J Ap ' ant's position that locating the building closer to the street is not feasible becau ac�oording e Applicant, it would result in conflicting vehicular movements on-site, deer �tumber of parking spaces, decreased number of queuing spaces, and would ere e traffic fety issues off-site because the site's curb cut on Bowman Avenue would need to cat closer to the intersection with South Ridge Street. After considering the App I t' s and after reviewing a revised plan showing the proposed bank building!,oser t treet, the consensus of the Planning Board is that the bank building should not locate to r to the street. Although doing so may provide a more attractive streetscape, ting e proposed building toward the center of the site creates a.safer,more Code-compliant a re efficient design for this particular site. B. Site Plan Elements F.P. Clark's June 7, 2012 Memorandum contains the following comments regarding the Site Plan: 3. Site Plan. The plans were revised to replace the chain link fence originally proposed with an opaque 6 —foot cedar board- on-board fence along the common property line with the Bowridge Commons site to the east, and add a single, concrete walkway with a stamped-concrete pedestrian crosswalk from the public sidewalk at the intersection to the building. In their May 30, 2012 letter, the Applicant indicates that trash and recyclables will be stored inside the bank until pick up by a private carting company, which is reflected in Note 12 on Sheet C-3. The Planning Board may want to consider recommending 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. that private trash and recyclables pick-up should be a condition of approval. Due to the unique manner in which trash and recyclables are handled on-site resulting in the omission of an outdoor trash enclosure, the Planning Board agrees that private trash and recyclable pick-up from receptacles maintained within the proposed bank building should be a condition of approval. In the event the trash and recyclable pick-up arrangements change in the future to require an outdoor receptacle the proposed location should be subject to review and approval by the Board of Trustees upon the submittal of recommendations from the Planning Board. C. Traffic,Parking and Oueuin2 After review of all documentation submitted by the Applicant at the request of the Village and its consultants, F.P. Clark made the following findings in its May 1, 2012 Traffic Memorandum: The Applicant has provided all the info on requested by the Mayor, Planning Board and the V* e ffic Consultants. The results of the analyses indi to I at o1, the adjacent roadways will continue to opera e me Levels of Service and with minimum increase ' delay vehicle queuing at the signalized intersection of idg treet and Bowman Avenue. The levels of t o ese adjacent roadways currently result in affic ongestion, turning movement conflicts and dela s ced y motorists. It is our re mine io at the Village consider restricting left turn mo ents t of the proposed TD Bank onto South Ridge Street t 1' inate this turning movement conflict. Although the leve of site traffic generated at this driveway is low, it is our opinion that removing this conflict from a four- lane, highly traveled, roadway will be a benefit. Site traffic can exit to Bowman Avenue, which has a two/three-lane cross section at the location of the proposed TD Bank driveway. The new TD Bank will not have any significant impacts on the overall operation of the adjacent roads, based on the findings of the analyses provided by the Applicant, our review of current conditions on area roadways, and comparison of expected TD Bank traffic with traffic from the former gas station use. To prohibit the left turn movement from the TD Bank to South Ridge Street, it is recommended that the Applicant modify the Site Plan to incorporate a raised center median to physically restrict, or at least, make it more difficult to complete a left turn 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. movement from the site. Along with modifications to the driveway geometry, the appropriate NO LEFT TURN signs should be installed on the exit drive and opposite the driveway on South Ridge Street. Comments were received from the Westchester County Department of Public Works/Transportation which provided preliminary approval of the proposed development from a Traffic Engineering perspective, subject to the following comments: 1. Left turns in and out of the site, on South Ridge Street, shall be restricted by the physical island, as shown on the plans, as well as the addition of No Left Turn signage. 2. Lane closures on County Roads during construction will only be permitted during midday off-peak hours. 3. In order to optimize traffic flow, stro consideration should be given by the Village and A ca to reestablishing vehicular detection at the Village n d/mai ed signalized intersection of Bowman Avenu d Skth Ri ge Street. It is my understanding that inductance to s have failed numerous times at this ;estc§te ;ov.com/2is!map/View �detection on all 4 approaches shv ee examples of video detection at a Cin ortter can be seen at: - SB King Appr illve/North Pearl St htt :// isw Camera.htm?i d=23&name= %20Kin %20A roach%20- %20King%2OSt%2FWillett%2OAve%2FNoi th%2OPearl%2OSt &desc—Approaching%20Traffic%20is%20heading%20South% 20on%20King%20St. - SB Wilett Approach- King St/Willett Ave/North Pearl St htip://�ziswww.westchester�zov.com/gismap/ViewCamera.htm?i d-24&name—SB%20Wilett%20Approach%20- %20King%2OSt%2FWillett%2OAve%2FNorth%2OPearl%2OSt &desc=Approaching%20Traffic%20is%20heading%20South% 20on%20Willett%20Ave. - WB Willett Approach- King St/Willett Ave/North Pearl St http://giswww.westchestergov.com/gismap/ViewCamera.htm?i d=25&name=WB%20 Willett%20Approach%20- 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. %20King%2OSt%2FWillett%20Ave%2FNorth%2OPearl%2OSt &desc=Approaching%20Traffic%20is%20heading%20 West%2 Oon%2OWillett%2OAye. - NB Pearl Approach- King St/Willett Ave/North Pearl St http://giswww.westchestergov.com/gismap/ViewCamera.htm?i d=26&name=NB%2OPearl%2OApproach%20- %20King%2OSt%2FWillett%2OAve%2FNorth%2OPearl%2OSt &desc—Approaching%20Traffic%2Ois%20hcading%2ONoith% 20on%20North%20Pea1%20St. Relative to traffic issues during construction, F.P. Clark's June 8, 2012 Planning Memorandum also provides: 9. Construction Management Plan. O comments remain unchanged. The final construction m gement and traffic maintenance plans should be revie a approved by the Village Superintendent of Public o ks/Vi ngineer, the police and fire departments, 1 s of of cials, and the County Department of Public Wor before building permits are issued. It should be n that Xwestchester County Department of Public Works affic neer indicated in email comments dated M 201 that "lane closures on County roads during cons io ill o be permitted during midday off-peak ho91k " At the Planning h 2012 meeting, the Applicant and F.P. Clark noted that the Village of Rye Brt parking requirements do not reflect the market shift to online banking so the actuemand is less than that which is required by the Village Code. As originally proposed, the Site Plan required a variance for 11 parking spaces where 30 parking spaces are required. Upon submission of revised plans which shifted the proposed location of the building to the south on the site, parking areas were rearranged to eliminate parking stalls previously identified by the Planning Board as problematic. The revised plan increases the number of proposed parking spaces by one, thereby slightly reducing the magnitude of the required variance. Plans were also revised to provide a"right turn in,right turn out"means of ingress and egress from South Ridge Street. In addition to "No Left Turn" signage, a mountable curb island is proposed to be installed at the South Ridge Street access drive to physically limit turning movements. The Planning Board also agrees with the Westchester County DPW/Transportation that traffic congestion at the intersection of South Ridge Street and Bowman Avenue should 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. be addressed through better signal timing and traffic flow detection device upgrades as outlined by Westchester County's comments. D. Stormwater Management The latest memorandum from DRE, dated June 14, 2012,provides in relevant part: As per the Village of Rye Brook Zoning Code, Chapter 209, "Site Plan Review," this office has reviewed the above listed materials. This office has been in frequent contact with the design engineer (Bohler Engineering) who has been cooperative and timely in their responses. There remain minor details of the drainage design which must be revised prior to construction but it is the determination of this office that no major conceptual flaws exist that would preclude us from recommending this application for approval. All remaining minor details of the drainag sig ust be addressed prior to final action by the BOT on this application. E. Hazardous Materials The Planning Board requested info Io egarding the status of the subsurface investigation for hazardous materi ted t its prior use as a gasoline filling station. It is the Applicant's understanding t e owner has completed remediation of the property and is in the proces 0 t 'ng a `No Further Action" letter from the New York State Department of Envi menta ro ion ("NYSDEC") or similar NYSDEC action that indicates the relevant spil mbe has been closed. The Applicant submitted several documents for review includi Phase I and Phase 11 investigations conducted by the Applicant's consultant. F.P. C rk's June 8, 2012 Memorandum contains the following comments: 4. Hazardous Materials. A Phase 1 Environmental Site Assessment Report, a Phase H Site Investigation Report and a summary letter regarding the recommendations in the two reports were submitted for review. However, these documents do not indicate the status of review, monitoring or oversight performed by NYSDEC or the Department of Health regarding the remediation performed. The Phase I site assessment report prepared by the Applicant's consultant indicates there are several recognized environmental conditions (RECs), including four closed and one open NYSDEC Spill Case on the property that prompted their recommendation to perform a Phase II site investigation. The 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Phase II investigation sampled soil and water on the site, which showed that there were, at the time of the investigation, soil and water contaminants present on the site in concentrations above NYSDEC standards that were related to the DEC spill cases, oil and gasoline storage on the site, and use of the site as an auto repair shop. Remediation was performed on the site subsequent to the issuance of the Phase I and Phase II reports. Although the Board should note that remediation of the site and liability for the presence of hazardous materials is the responsibility of the owner of the site and earlier tenants of the site, the Village should be provided with information by the property owner or the Applicant regarding the status of the open DEC spill case and any on-going monitoring or reviews by NYSDEC. In addition, the Applicant should clarify whether the various recommendations regarding fur investigations, regulatory reporting remediation handling during construction and precautionary buil co ruction measures made by their consultant are sti al'd and e applicable recommendations will be inco o to bu� ding plans and construction management p ns. We to that the Applicant's consultant indicated the po for enting of subsurface vapors throughout the site in e t may require alteration of the proposed site The Applicant has e I al documentation for review by the Village Attorney, including Semi- nual m ing Reports from July 2011, November 2011 and February 2012, as wel a T k Removal & Closure Report, prepared by DRE Environmental,Inc. The Villa mey has reviewed these documents, discussed the status of the remediation with the App ant's attorney, the Applicant and the property owner and has opined that the property owner has been proceeding as per the typical process for site remediation with oversight by NYSDEC. Due to residual contamination that may be present in the groundwater and/or soils and the uncertainty of whether further remedial action will be required by NYSDEC, certain conditions are recommended by the Village Attorney to be included in any site plan approval which are set forth below in the "Planning Board Recommendations." F. Variances As revised, the proposed Site Plan has reduced or eliminated several variances as compared to the originally proposed Site Plan. The Site Plan originally required eight (8) variances. According to the Zoning Analysis performed by the Building Inspector dated April 30, 2012, the parking variance has been reduced from 11 to 10 parking spaces and the following variances have been eliminated: number of queuing spaces for the drive-thru teller; and the two (2) variances related to the size of the proposed freestanding sign. However, the 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. site modifications resulted in a smaller front setback for the free standing sign such that the sign is now proposed to be located 1.5 feet from the property line instead of 5 feet. Although four (4) variances remain and one has been increased, the Planning Board favors the revised plans over the originally proposed plans because the revised plan results in a larger reduction of impervious surface coverage; eliminates several parking spaces whose location was problematic in terms of internal traffic circulation; and provides enhanced landscaping. G. Other All other comments of the Planning Board and FP Clark, including comments regarding site and building lighting, trash storage and landscaping, were satisfactorily addressed by the revised submission. III.PLANNING BOARD RECOMMENDATION After discussion and consideration of the c en et forth in the memoranda from F.P Clark, DRE, Westchester County Dep e of ing, Westchester County Department of Public Works/Transportation, the Board recommends approval of the Site Plan, subject to the following conditio 1. Trash &Recyclables: Tra n cyclable pick-up shall be from receptacl ntain within the proposed bank building and s a e p from a private carter. 2. Hazard Mate s: a. The h ant has agreed that in the event an above- ground structure is required to be installed or constructed on the property for the purpose of monitoring or maintenance obligations imposed by the New York State Department of Environmental Protection or the Westchester County Department of Health for remediation of environmental conditions on the property, including but not limited to the portion of property adjacent to the residential property to the east, the Applicant and/or property owner shall return to the Village Board of Trustees for review of an Amended Site Plan application. b. At the time of submission of a building permit application, the property owner and applicant shall provide the building department with a letter from an environmental consultant as to whether or not 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. remedial activity such as the installation of a soil vapor barrier or a soil vapor extraction system is necessary to be constructed for the proposed building on the property to mitigate the potential of vapors from contaminants on the property entering the building to be constructed and occupied on the property. No building permit shall be issued until NYSDEC has specified in writing what further remedial actions, if any,will be required. c. The property owner shall advise the Village Building Department by no later than December 31st of each year as to the status of remedial activities on the subject property as well as efforts to seek the closure of DEC Spill Nos. 11-06750 and 11-02920. 3. Stormwater Management Plan: A S water Management Plan must be reviewed and ro by the Village Engineer/Superintendent of P is Work consultation with the Village Consulting n e , DRE. 4. Erosion and Sediment of An Erosion and Sediment Control Plan In t ewed and approved by the Village En ' Supe nten ent of Public Works in consultation w' e illage onsulting Engineer, DRE. 5. Constru ' n an ent Plan: A Construction Maria t Pla st be reviewed and approved by the Village En eer/ uperintendent of Public Works prior to the issuance a Building Permit. The Construction Management tan shall also be reviewed by the local fire and police departments and local school officials. The Construction Management Plan shall indicate that lane closures on Bowman Avenue and South Ridge Street during construction will only be permitted during midday off-peak hours. The Board of Trustees should consider requiring public notification of the commencement of construction. 6. Traffic. The Applicant shall establish vehicular detection at the Village owned/maintained signalized intersection of Bowman Avenue and South Ridge Street by providing video detection on all four(4)approaches. IV. CONCLUSION 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. In conclusion,the Planning Board recommends the BOT approve the Site Plan application subject to the conditions set forth herein. Dated: Rye Brook,New York June 14,2012 Discussion: Mrs. Schoen is very concerned about the spill number and wanted to go on record stating that she believes that should have been handled before coming before the board—wants to urge advance public notification when construction begins. Mr. Grzan agrees with Mrs. Schoen in regard to the spill number but is prepared to move this forward tonight. He asked if the Village can issue a construction permit before the DEC provides a report. The applicant responded they will not take possession unless they have assurances from the DEC that they are in a position to do Mr. Goodman added that there is no incentive t5bt k art construction on a piece of property they may not be capable or ready to beChairman Zuckerman added that the applic t cose their lease without the letter from the DEC. Mrs. Gray advised that the DEC's e has anged in that now they simply close out the spill number. What the applicant fin s if them taking control is getting the actual spill number or a letter from t re ediation has been address sufficiently except for xyz if necessary. The applicant responded that t ' s is that there is ground water contamination and that ground water will need to be mo ored until the levels are acceptable and they don't know how long that will be. The spill number may be closed or the DEC may say that the monitoring needs to go on for x amount of time. When they receive that letter they will supply a copy to the Village. Mr. Accurso inquired about the ground wells to which Mr. Abramson,the property owner, responded that the ground water wells have been installed over the last 25 years by Exxon Mobil. Most recently there have been an additional 3 or 4 wells added which is common for property like this. Mr. Abramson added that most recently in the second section there was 540 tons of contaminated soil removed. Mr. Laufer asked if they would change their construction plan if the levels reach an acceptable level but there is still contamination. Mr. Mecurio explained that there are 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. engineering consultants on site during construction and there are procedures that will be followed to deal with any vapors. Mr. Grzan wants the Village to be covered and suggested a letter from the DEC. Mrs. Gray responded that would more then likely not happen but she added a condition to the resolution. Applicant asked about the final condition that requires them to install video cameras. Chairman Zuckerman responded that this Board had included it but she can argue it with the Board of Trustees. The reason behind it is that this Board is going to recommend to the Board of Trustees that the intersection be upgraded by this applicant. Mr. Grzan wanted to go on record that he sides with the applicant on this issue. On a motion made by Mr. Grzan and seconded by Mr. Goodman,the report was approved and Mr.Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YE MR. GRZAN YES MR. LAUFER ES MRS. SCHOEN MR. TARTAGLIA E CHAIRMAN ZUCKERM Y Mrs. Gray read the resoluti re epot t to the Board of Trustees: June 14, 2012 APPROVED (6-0) RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE SITE PLAN APPLICATION SUBMITTED BY TD BANK,N.A. FOR PROPERTY LOCATED AT 101-5 SOUTH RIDGE STREET 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 Site Plan application submitted by TD Bank, N.A. for property located at 101-5 South Ridge Street 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 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Counsel to accurately reflect the Planning Board's discussions at its June 14, 2012 meeting, prior to such Report and Recommendation being forwarded to the Board of Trustees and Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the resolution was adopted. MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES 8. Review of an application by John Scarlat on half of Mr. and Mrs. Klein for approval of a Site Plan to build an en 'on to xisting house located at 68 Valley Terrace,Rye Brook NY,Parc 35.5 -1-71 • Considering a resolutions uling blic Hearing Mr. Laufer made note that Mr. Scar wor ng th him on an application currently before the Architectural Review d d he Id be happy to recuse himself. Mr. Grzan noted that Mr. Scarl w ed fo Im also as did Chairman Zuckerman but there were not objections to all e m g and hearing this application. Mr. Scarlato addressed the Bo an gave an overview of the project. There is only one variance required and that is for 0 square foot FAR. Chairman explained that this application falls under the jurisdiction of the Planning Board because the gross floor area is increased by more then 50%. Mrs. Mohamed responded that most of the missing items have been provided. Another issue is the Building Inspector did a Zoning review and calculated the amount of the variances required. Since that time the application has been revised so the second variance may not be required. There is a discrepancy on the zoning calculations but they have not yet been reviewed with the new calculations so her comments will be made pending his review. Another missing item is the tree protection notes—storm water management is being reviewed by Dolph Rotfeld's office and there is some concern with the planting plan for the water garden and Mr. Rotfeld has suggested that everyone meet to discuss. Currently a meeting is scheduled for Monday. Chainnan Zuckerman believes the Board needs to determine if we can call for a Public 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Hearing next month or if it needs to be held over. Mrs. Gray responded that as of now a variance will still be required for the gross floor area and the Board can refer it to the Zoning Board or wait until the end of the Planning Board review. Chairman Zuckerman would prefer to hear the application first and any determination we make will be conditioned on the Zoning Board approval Mr. Laufer- considering the application just got filled out today and there are still a lot of missing items he believes we should wait to schedule the Public Hearing. Mr. Goodman agrees and is concerned with the storm water management plan—believes scheduling the Public Hearing is premature. Consensus of the board is to adjourn to July and at that p et a Public Hearing NEW BUSINESS 9. Review of an application by Kip Kon' ergln beh of K&M Realty for approval of an Amended Site Plan to increase the occupancy density from 10 single to 9 two family units on the perty located on the south side of Bowman Ave,west of South Ridge Street,RA,Brook NY,Parcel I.D. 141.26-1-1.1 Mr. Konigsberg addressed the ve a brief overview of what he is proposing. It is strictly making an in a de *t as the only real change is that there were three single buildings he h robin th into 2 buildings. The total square footage is exactly the same and the be f bedrooms is still the same. Each of the 18 units can be o ned by someone and rented out to someone else. He also noted that he went to Harrison because it is the Harrison school district and he will be providing a memo from them that they have no objection in the change of density. He also has Architectural Review Board approval and showed the rendering.Nothing is changing on the plan—it is all interior—nothing exterior—parking has been approved by Building Inspector. Mr. Accurso would like an opinion of Counsel as he believes this is a new application and not an amendment to the site plan. He would also like to request of the applicant that he consider making some units affordable housing. Mrs. Gray will render an opinion. Mr. Accurso wants to go on record that he is a proponent for affordable housing and has asked the applicant to consider it. Mr. Konigsberg explained that this is a 7C zone—only 60 units allowed county wide and they are way past that. Even if he wanted to put one there are no funds available. 1313/74/4485791,1 7/26713 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. Chairman Zuckerman responded that he could still provide an affordable housing unit without county funding. Adjourned to July 12th On a motion made by Mr. Grzan and seconded by Mr. Goodman, the meeting was adjourned at 10:26 pm and Mr. Nowak called the roll: MR.ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES 1313/74/4485791,1 7/26713