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HomeMy WebLinkAbout2012-07-12 - Planning Board Meeting Minutes Approved: July 2013 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday July 12, 2012 - 8:00 p.m. ROLL CALL MINUTES 1. Review of minutes AFFORDABLE HOUSING 2. 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 PUBLIC HEARING CONTINUED BUSINESS 3. 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 on the property located at 68 Valley Terrace, Rye Brook,NY, Parcel I.D. 135.51-1-71 • Considering a resolution scheduling a Public Hearing 4. 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 5. 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 18 dwelling units on the property located at Bowman Ave, Rye Brook,NY, Parcel I.D. 141.26-1- 1.1 NEW BUSINESS 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 July 12, 2012- 8:00 p.m. PRESENT BOARD Mrs. Domenic Accurso Mr. Rob Goodman Mr. John Grzan Mr. Bill Laufer Chairman Gary Zuckerman EXCUSED Mrs. Amy Schoen Mr. Dan Tartaglia 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, which was led my Mayor Joan Feinstein. 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, where the public may also view the Planning Board meetings on streaming video. MINUTES 1. Review of the February 9, 2012 minutes There being no comments or questions, on a motion made by Mr. Goodman and seconded by Mr. Laufer, the minutes were approved by a unanimous voice vote. AFFORDABLE HOUSING 2. 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 Mr. Anthony Federico, the architect for the applicant, addressed the Board stating his belief that all of Dolph Rotfeld's and F.P. Clark's comments have been addressed. They are in receipt of a memo from Building Inspector, Michael J. Izzo, regarding fire lanes to which they will respond. Chairman Zuckerman asked if the applicant reviewed the Dolph Rotfeld memo of July 11, 2012 to which the applicant responded no. He stated he did not receive the memo, or the Page 2 of 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday July 12, 2012- 8:00 p.m. memo from HDR regarding hazardous materials. Chairman Zuckerman added that there are 16 outstanding items in Mr. Rotfeld's memo, and also that there is a new memo from F.P. Clark dated July 9, 2012. He said since the applicant did not have the memos there was not much that could be accomplished at that time. The Chairman suggested that the applicant review all the memos and respond to the comments for another time. Mrs. Timpone-Mohamed added that the applicant did not submit a subdivision application for a lot merger, explaining that the three lots should be merged as the zoning calculations are based on the larger area of the combined lots. Mr. Federico said he received a call on Monday regarding the need for a subdivision application. The application was submitted to Mr.Nowak before the meeting. Chairman Zuckerman added that the hazardous material issue must be addressed before the application can move forward. He noted that Mr. Rotfeld's comments must be addressed as well, suggesting that the applicant may want to meet with the Village consultants and staff to address the open issues. Chairman Zuckerman adjourned the application to the September 13, 2012 meeting. CONTINUED BUSINESS 3. 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 on the property located at 68 Valley Terrace, Rye Brook, NY, Parcel I.D. 135.51-1-71 • Considering a resolution scheduling a Public Hearing Mr. John Scarlato, Jr., architect for the applicant, addressed the Board and summarized the application. The gross floor area is proposed to be increased by more then 50%, and the application needs a variance from the Rye Brook Zoning Board of Appeals. Mr. Paul Pettretti, the applicant's engineer addressed the Board. He gave an overview of the proposed engineering for the project and made note that he received Mr. Rotfeld's July 11, 2012 memo. Mrs. Timpone-Mohamed added that all the planning comments have been addressed. Mrs. Gray noted that with respect to the letter from the adjacent neighbor regarding a tree in the front yard, she suggested that tree protection measures be added to the plan. A resolution was called for and Mrs. Timpone-Mohamed read the resolution setting the Public Hearing: Page 3 of 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday July 12, 2012- 8:00 p.m. RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 68 VALLEY TERRACE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. John Scarlato, Jr., on behalf of the property owners Judy and Jason Klein, submitted an application for approval of a site plan to construct multiple additions on an existing home located at 68 Valley Terrace, in the R-7 zoning district, Section 135.5 1, Block 1, Lot 71 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 August 9, 2012 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) determines the Proposed Action to be a Type 2 Action requiring no further review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. On a motion made by Mr. Laufer and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN ABSENT MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Page 4 of 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday July 12, 2012- 8:00 p.m. 4. 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 At the request of the applicant, review of the application was moved to the end of the agenda. 5. 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 18 dwelling units on the property located at Bowman Ave, Rye Brook, NY, Parcel I.D. 141.26-1-1.1 Mr. Jim Ryan addressed the Board for the applicant and stated he had received a memo from Mrs. Timpone-Mohamed to which they have responded, and would like to go over the comments with the Board. According to Mr. Ryan, a modified EAF was submitted to the Village to respond to any errors and omissions. They also provided a modified list of approvals with the status of each approval previously granted. He noted that stabilization around the embankment was completed with the involvement of Village staff and their geotechnical engineer. Building plans and elevations were submitted. In regard to analysis regarding the generation of school children, Mr. Ryan does not believe it is necessary because the Harrison School District was shown the plans and they issued a letter of approval. The Saturday traffic study requested was responded to by the submission of a letter from their Traffic Engineer concluding there would be no traffic impact. Mr. Ryan was invited to attend an Emergency Services Task Force meeting at Village Hall to discuss the project. The upper decks were a concern so the decks were removed from the plans. With regard to parking, the plans were corrected to indicate 47 parking spaces that he believes eliminates the need for a parking demand analysis. Mrs. Timpone-Mohamed asked about fulfillment of the Westchester County Stream Control Permit, and specifically about the required plantings at the water edge of the pond. Mr. Ryan responded that the plantings were not installed and that he believes the plant installation would not be part of the Stream Control Permit, but will confirm his understanding. Mrs. Timpone-Mohamed asked about the rip rap that was installed and if the installation was observed by Village staff. Mr. Ryan responded that their Geotechnical Engineer was on site while the work was being done. and the information was submitted to the Village along with the inspection reports. Mr. Nowak added that the application was not referred to Mr. Rotfeld because the scope of work for the Amended Site Plan does not change the storm water design. Mrs. Gray wanted confirmation that the modifications proposed would not require amendment of the SWPPP or the storm water management plan. Mr. Ryan responded that compliance with the regulations continues and there have been no changes. Page 5 of 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday July 12, 2012- 8:00 p.m. Mr. Grzan believes that going from 10 to 18 residential units is a major change to the Site Plan. Mrs. Timpone-Mohamed responded that the Village Board will have to determine the significance of the application with respect to SEQRA. The question is, could the proposed changes to the development plan cause potential impacts of sufficient significance that that a new SEQRA review should be commenced. Our job is to gather all the information the Board of Trustees will need to make that decision. Mr. Goodman expressed his belief that, legally, Rye Brook may have no say in what Harrison does with their schools. However, in his opinion, Mr. Konigsberg may want to provide the school child generation analysis to make sure the project will not impact the Harrison schools. Mrs. Gray believed the Planning Board and the Board of Trustees should know what data was used in determining that there would be no impact to the Harrison schools, and how the determination was made. Mrs. Timpone-Mohamed added that another equally important issue is off-street parking capacity. When the project was reviewed and received its original approval, one of the largest issues was the determination of the amount of parking necessary for 10 residential units. At that time, the Board of Trustees asked for more parking spaces than what was required by the Village Code because there is no on-street parking on Bowman Avenue to handle overflow parking. The Code required 35 spaces, but the Board wanted 45 parking spaces. There was clearly a concern at that time about providing enough parking spaces for residents and visitors. Chairman Zuckerman asked about water supply to the site for fire protection services. The number of units would increase and he is concerned if there would be sufficient supply for fire protection services. Mr. Ryan responded that United Water of Westchester reviewed issue. A new water main was installed and they are waiting for the Westchester County Health Department to sign off on it. Mr. Laufer asked why more parking spaces are not proposed. Mr. Ryan responded that the site plan includes as much parking as can fit on the site. The applicant believes the population of the site would not increase because the 10 units would be divided into 18 units, which would not increase the parking demand. Mr. Accurso noted that the plans do not specify the name of the architect providing the building plans. Mr. Konigsberg responded that is because the units would be of modular construction. Mr. Accurso responded that without an architect or engineer stamp, the plans should not be before the Board.. Mr. Konigsberg responded that the plans are the same ones that were originally approved by the Architectural Review Board. He also pointed out that a Page 6 of 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday July 12, 2012- 8:00 p.m. two-car garage door was added to Bulling 5, so the plans must go back to the Architectural Review Board for approval. Mr. Accurso asked if any further consideration regarding affordable housing was given by the applicant. Mr. Konigsberg's response indicated a "no." Mr. Grzan voiced his view that although the project site plan would not change, there would be 8 more families living on the site, which he believes will lead to issues regarding parking, number of school children, traffic, and emergency services. Mr. Ryan asked if the Village Attorney could opine on the need for a Wetlands Permit. Mrs. Gray responded that she would look into the issue before the next meeting. Chairman Zuckerman adjourned review of the application to the August 9, 2012 meeting. 4. 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 Mr. Noto, attorney for the applicant, addressed the Board stating that two months ago he made a presentation to the Board and received a comment memo from F.P. Clark Associates. He went on to say they addressed the traffic issue, and that the architect is addressing one issue regarding lighting. With regard to the storm water management plan, which was referred to Dolph Rotfeld, a site meeting was held and Mr. Rotfeld's comments were received yesterday. Chairman Zuckerman stated that traffic issues were addressed. However, the Rotfeld memo regarding storm water has 14 issues to be addressed that he hoped can be addressed by the next meeting so the Board can move the application forward to the Zoning Board of Appeals for consideration of the requested area variances. Mr. Contadino, architect for the applicant, addressed lighting and landscape issues. They did a survey of the existing plantings and they propose a weeping willow in the back yard of the property. However, Mrs. Timpone-Mohamed recommends replacing the willow with another species, which he will discuss with Mrs. Mohamed. He also responded to comments regarding the exterior lighting proposed. Chairman Zuckerman suggested the applicant go over the lighting issues with his lighting designer because the Board does not want the rear yard exterior lighting to overwhelm the residential neighbors. The application was adjourned to the August 9, 2012 meeting. There being no further business, on a motion made by Mr. Laufer and seconded by Mr. Goodman, the meeting was adjourned by a unanimous voice vote at 9:20 pm. Page 7 of 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday July 12, 2012- 8:00 p.m. Page 8 of 8