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Home My WebLink About2012-08-09 - Planning Board Meeting Minutes Approved:9/19/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday August 9, 2012 - 8:00 p.m. ROLL CALL MINUTES 1. Review minutes of March 9,2012 PUBLIC HEARING 2. 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 CONTINUED BUSINESS 3. Review of an application by Sarah Anne Trayner (66 Bowman Ave Realty Corp.)for an Amended Special Use Permit and an Amended Site Plan for the property located at 66 Bowman Ave,Rye Brook,NY,Parcel I.D. 141.27-1-24 4. 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 on Bowman Ave,Rye Brook,NY,Parcel I.D. 141.26-1-1.1 5. Review of a Special Use Permit and Site Plan Application by Leonard Brandes to legalize the existing offices and parking lot on the parcel located at 558 Westchester Avenue,Rye Brook,NY,Parcel ID 135.83-1-14 • Considering a Report and Recommendation to the Board of Trustees NEW BUSINESS 6. Sketch plan review of a proposed teardown and construction of a new single family dwelling located at 39 Hillandale Road,Rye Brook,NY,Parcel ID 135.28-1-38 22VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 DING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman 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 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 minutes of March 9,2012 There being no comments or questions, and on a motion made by Mr. Goodman and seconded by Mrs. Schoen, Mr. Nowak called the roll and the minutes were approved: MR. ACCURSO YES Page 2 of 15 33VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 DING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES PUBLIC HEARING 2. 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 On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mr. John Scarlato, architect for the applicant, addressed the Board and gave an overview of the project noting that a variance of 488.5 square feet from the maximum allowable gross floor area is required. Mrs. Timpone-Mohamed, Village Planning Consultant, added that all the planning comments have been addressed. Mr. Nowak, Acting Village Engineer stated that he received confirmation that the storm water management plan is satisfactory. There being no further comments or questions, on a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the Public Hearing was closed: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES Page 3 of 15 44VILLAGE 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 YES CHAIRMAN ZUCKERMAN YES The resolution was called for and Mrs. Gray, Village Counsel, read the resolution: RESOLUTION APPROVING A SITE PLAN TO CONSTRUCT MULTIPLE ADDITIONS ON AN EXISTING DWELLING LOCATED AT 68 VALLEY TERRACE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS,John Scarlato, Jr. ("Applicant")on behalf of the property owners, Judy and Jason Klein has made an application to the Village of Rye Brook for approval of a site plan to construct multiple additions on an existing dwelling on property located in the R-7 Zoning District at 68 Valley Terrace, Section 135.5 1, Block 1, Lot 71 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Application 2. Revised Site Plan Application 3. Short Environmental Assessment Form 4. Letter to Mr. and Mrs.Klein from the Rye Brook Building Department dated August 18,2011 5. Letter to the Village of Rye Brook from Paul J.Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry,N.Y. dated July 24,2012 6. Letter to the Superintendent of Public WorksNillage Engineer from Paul J.Petretti, Civil Engineer and Land Surveyor,Dobbs Ferry, N.Y. dated June 26,2012 7. Letter to the Village of Rye Brook from Paul J.Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry,N.Y. dated May 25,2012 8. Letter to the Village of Rye Brook from Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry,N.Y. dated April 30,2012 9. Memorandum to the Planning Board from Dolph Rotfeld Engineering,P.C. dated August 3,2012 10. Memorandum to the Planning Board from Dolph Rotfeld Engineering,P.C. dated July 11, 2012 11. Memorandum to the Planning Board from Dolph Rotfeld Engineering,P.C. dated June 11, 2012 Page 4 of 15 55VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... 12. Memorandum to the Planning Board from F.P. Clark Associates,Inc. dated June 11,2012 13. Memorandum to the Planning Board from F.P. Clark Associates,Inc. dated July 7,2012 14. Memorandum to the Planning Board from Michal J.Nowak,Village Engineer/Superintendent of Public Works,dated August 9,2012 15. Topographic Survey prepared by Paul J. Petretti, Civil Engineer and Land Surveyor,Dobbs Ferry, N.Y. dated November 17, 2011 16. Engineer's Plans,prepared by Paul J. Petretti, Civil Engineer and Land Surveyor,Dobbs Ferry, N.Y.: Sheet Number Sheet Title Dated 1 of 3 Site, Grading, Drainage and Planting Plan 11/18/11 rev. 7/24/12 2 of 3 Notes, Sections and Details 11/18/11 rev. 7/24/12 3 of 3 Plant List, Notes, Sections and Details 11/18/11 rev. 7/24/12 17. Architect's Plans, prepared by John Scarlato, Jr., Architect, Armonk, N.Y.: Sheet Number Sheet Title Dated A-1 East and North Elevations, Plot Plan 4/20/11 A-2 West and South Elevations 4/20/11 A-3 Second Floor Construction Plan 4/20/11 A-4 First Floor Construction Plan 4/20/11 A-5 Reflected Ceiling and Electrical Plan 4/20/11 A-6 Foundation Plan, Roof Plan 3/31/11 S-1 Erosion Control and Drvwells No date WHEREAS, on July 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; andWHEREAS, the Village Planning Consultant,Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, on August 9, 2012, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Planning Board closed the public hearing on August 9, 2012; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby approves the site plan referenced herein to construct multiple additions to the existing home located at 68 Valley Terrace, subject to approval by the Zoning Board ofAppeals of the necessary variance(s), as determined by the Building Inspector. Page 5 of 15 66VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 DING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... 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, Mr. Nowak called the roll and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES CONTINUED BUSINESS 3. Review of an application by Sarah Anne Trayner (66 Bowman Ave Realty Corp.)for an Amended Special Use Permit and an Amended Site Plan for the property located at 66 Bowman Ave,Rye Brook,NY,Parcel I.D. 141.27-1-24 The application was adjourned to the September meeting at the request of the applicant. 4. 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 on Bowman Ave,Rye Brook,NY,Parcel I.D. 141.26-1-1.1 As all the required submissions were not received by the deadline, the application was adjourned at the direction of the Chairman. 5. Review of a Special Use Permit and Site Plan Application by Leonard Brandes to legalize the existing offices and parking lot on the parcel located at 558 Westchester Avenue,Rye Brook,NY,Parcel ID 135.83-1-14 • Considering a Report and Recommendation to the Board of Trustees Leo Napior, Esq., attorney for the applicant, appeared and provided a brief summary of the application. Mr. Napior stated that the application obtained the necessary variances for parking and access to the parking lot on Division Street from the Zoning Board of Appeals, and it is before the Planning Board for a report and recommendation to the Board of Trustees. The Chairman asked Mrs. Gray to read the report and recommendation: Page 6 of 15 77VILLAGE 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 SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 558 WESTCHESTER AVENUE I. PROJECT OVERVIEW On February 16, 2011, Village of Rye Brook Board of Trustees ("BOT") referred a proposed Special Use Permit and Site Plan Application to the Village of Rye Brook Planning Board("Planning Board")for submission of a Report and Recommendation. The applicationwas made by Leonard Brandes ("Applicant") on behalf of the owner, Aventura Realty Corp., to legalize existing offices and a parking lot on property located at 558 Westchester Avenue and designated as Section 135.83, Block 1, Lot 44 on the Town of Rye Tax Map ("Property"). The Property is located in the R-2F (Residential Two Family) Zoning District and is improved with a two and a half story building, walkways, asphalt parking area and related appurtenances. Legalization is required because the Village has no record of a valid Special Use Permit issued for the Property, even though such approval was required at the time the two and half story dwelling was converted from residential use to professional office space. The Applicant now seeks a Special Use Permit and Site Plan approval for four (4) professional persons and related parking. The Village Code limits the use of professional office space to two (2)professional persons per dwelling. Since the Property once consisted of a two- family dwelling, a maximum of four(4)professional persons are permitted by the Village Code at the Property. II. HISTORY OF THE PROPERTY On December 1, 1982, a Building Permit No. 2608 was issued to convert the existing two- family dwelling to "two (2)professional offices"by performing the following work:"enclose front porch, convert to office space, partitions, windows, new, hung ceilings, 1st floor remove existing kitchens,retain existing baths." On December 7, 1982, a Certificate of Occupancy was issued to close out Building Permit No. 2608. At the time of the conversion, Village Code § 250-25(C)(3)required Special Use Permit approval for professional office space in dwellings on the northerly and southerly side of Westchester Avenue between North Ridge Street and the Port Chester Village boundary line—the same requirement existing in today's Village Code. However, Village records do not reveal any evidence that the property owner applied for or received Special Use Permit approval at that time or anytime thereafter. III.HISTORY OF THE APPLICATION Upon the initial referral of this application to the Planning Board by the Board of Trustees in February 2011,the Planning Board issued a Report and Recommendation dated March 10,2011 Page 7 of 15 88VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... which recommended that the application be referred first to the Zoning Board ofAppeals("ZBA") due to the Applicant's request for a use variance. A use variance was required because at that time the Applicant was seeking a Special Permit for use of the property by eight(8)professionals where use by four (4)professions is permitted. Sections 172-12(B) and 250-13(G)(5)(c) of the Village Code require that where a use variance is sought in connection with a land use application the ZBA shall first make a determination on the use variance. Further, the outcome of the ZBA determination on the two necessary area variances(i.e. off-street parking and access from Division Street) may have had a significant impact on the site plan. Accordingly, on March 22, 2011 the Board of Trustees referred the application to the ZBA for consideration of the variances. On August 2, 2011, the ZBA granted a variance from Village Code §250-25(C)(3)(a)to permit access to public parking to be provided from Division Street rather than Westchester Avenue. However, the ZBA denied the Applicant's request for a use variance from Village Code §250-25(C)(3) to permit eight (8) professional persons to occupy the premises and denied the Applicant's request for a variance from Village Code §250-25(C)(3)(a) to permit seven (7) parking spaces where twelve (12) are required. In October 2011, the Applicant submitted a revised application to the ZBA seeking a use variance to permit six(6)professional persons to occupy the premises and again seeking aparking variance to permit seven (7) parking spaces where twelve (12) are required. Thereafter, the Applicant further reduced the number of proposed professional persons to four (4), thereby eliminating the need for a use variance. With respect to the parking variance, F.P. Clark Associates,Inc. ("FP Clark")reviewed a Parking Study submitted by the Applicant. Based on the information submitted by the Applicant, on-site parking demand is a maximum of five vehicles. Therefore, FP Clark concluded that five on-site parking spaces are adequate to accommodate the needs of the proposed use of the building. On April 3, 2012, the ZBA granted a variance from Village Code §250-25(C)(3)(a) to permit seven(7)parking spaces where twelve (12) are required on the conditions that (1)no permits shall be issued until the Applicant has paid to the Village all applicable fees including professional review fees incurred in connection with the review of this application; and (2) All parking spaces shall be striped and improved as shown on Sheet SY-001 prepared by Leonard H. Brandes, Architect, dated January 2012. The Applicant has now returned to the Planning Board for a full Report and Recommendation to the Board of Trustees. IV.PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its March 10, 2011 and August 9, 2012 meetings. The Planning Board's primary concern as of its March 10, 2011 Report and Recommendation was the sufficiency of the off-street parking spaces to meet the demand of the Page 8 of 15 99VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... proposed use. Since that time, the Applicant has reduced the proposed number of professional persons to occupy the premises and has obtained a parking variance from the ZBA. A. Special Permit Village Code §250-25(C)(3) allows residential dwellings in the R-2F District to be converted to professional offices not exceeding"two such professional persons"per dwelling upon the issuance of a Special Permit by the Board of Trustees: Professional office space for use by physicians, surgeons, dentists, attorneys, accountants,insurance agents or similar professions,not residents of the premises, in dwellings on the northerly and southerly side of Bowman Avenue between South Ridge Street and the Port Chester Village boundary line; and in dwellings on the northerly and southerly side of Westchester Avenue between North Ridge Street and the Port Chester Village boundary line,presently zoned R2-F, provided that there shall not be more than two such professional persons occupying any one dwelling, and provided further that there shall be no hospital facilities in connection therewith in any case. Special Permits may be issued upon a finding that "[w]ith respect to all uses listed as requiring special use permits, the use shall be of such location, size and character that,in general,it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts." (Village Code §250-6(H)(1)(c)(1)). Village Code §250-25(C)(3)further requires the following standards must be met for the issuance of a Special Permit to permit residential dwellings to be converted to professional offices: (a)Off-street parking space shall be provided for at least three ears for each office or suite of offices of a given tenancy or one car for every 300 square feet of floor area used for such office purposes, whichever is greater, and the public entrance to such professional office and parking for such office shall be from Bowman Avenue or Westchester Avenue only. (b) Signs, for the professional occupying the space, shall not exceed two square feet in area, identifying a professional office. Page 9 of 15 101OVILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... The Building Inspector has determined that the proposed occupancy of the premises by four (4) professional persons is code compliant since the premises was formerly a two-family dwelling (2 professional persons per dwelling unit x 2 dwelling units = 4 professional persons). Also, after review of the Parking Study performed by the Applicant and the review memorandum provided by FP Clark, dated February 29, 2012 (which concluded that based on the Applicant's information five off-street parking spaces are sufficient to meet the demand of the premises) the ZBA granted a variance to permit less off-street parking spaces than is required by the Code. It is the consensus of the Planning Board that the proposed use of the Property as offices for four professional persons will be in harmony with the appropriate and orderly development of this portion of Westchester Avenue which is a mixed commercial and residential area. B. Site Plan F.P. Clark provided a Memorandum dated August 3, 2012 which contained the following comments: Planninz Comments 1.Handicapped Access. We note that the site plan shows that the parking area includes one handicapped-access parking space, but the site and the building itself are not accessible to a handicapped person in a wheelchair who might use the parking space provided. We recommend that the applicant consider making the site and the building wheelchair accessible as well. Otherwise,we recommend eliminating the handicapped-access space. 2. Parking Lot Design. Although the Building Inspector has determined that the parking spaces provided are compliant with the requirements of the Village Code, we note that the site plan indicates the parking spaces would be 18 feet long and the travel aisle in the parking area would be 31 feet wide. Furthermore, vehicles would park directly adjacent to the face of a retaining wall and along the rear property line, directly adjacent to the face of a fence. For property and vehicle safety and as there is sufficient width to reduce the travel aisle width without affecting vehicle maneuverability within the lot,we recommend increasing the length of the parking spaces from 18 feet to 20 feet so that there will be sufficient room within the confines of a designated space to park any size vehicle entirely within the space without being required to edge the vehicle close to the retaining wall or fence. Technical Comments Page 10 of 15 1111 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... 3. Storm water management plan. The storm water management plan should be reviewed and approved by the Superintendent ofPublic WorksNillage Engineer. 4. Erosion and sediment control plan. The erosion and sediment control plan should be reviewed and approved by the Superintendent of Public WorksNillage Engineer. 5. Construction Management Plan.The construction management plan should be reviewed and approved by the Superintendent ofPubhc WorksNillage Engineer. The Planning Board discussed handicapped accessibility. Currently, the site is not handicapped accessible for individuals who may be confined to a wheelchair or otherwise incapable of maneuvering stairs. The Applicant is proposing to provide a handicapped parking space. While not all individuals who qualify for handicapped parking are incapable of maneuvering stairs,those individuals who are confined to a wheelchair will not be able to access the building from the handicapped parking space. The Planning Board discussed whether the Applicant should provide access to the building for handicapped persons if they are providing a handicapped parking space, and ifnot,whether the handicapped parking space should be eliminated from the site plan. The consensus of the Planning Board is that the handicapped parking space should remain and the Applicant should diligently pursue the possibility of providing handicapped access into the building. With respect to the recommendation of the Planning Consultant that parking spaces be striped to "increas[e] the length of the parking spaces from 18 feet to 20 feet so that there will be sufficient room within the confines of a designated space to park any size vehicle entirely within the space without being required to edge the vehicle close to the retaining wall or fence," the consensus of the Planning Board is that the site plan should be modified to increase the length of the parking spaces to 20 feet. V. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the comments set forth in the memoranda from F.P Clark, the Planning Board recommends approval of the Special Use Permit and Site Plan, subject to the condition that the length of the striped parking spaces be increased from 18 to 20 feet. Further,the Board of Trustees should consider requesting that the Applicant provide handicapped access to the building. Dated: Rye Brook, New York August 9, 2012 Page 11 of 15 1212VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... Discussion ensued after the report was read. Mrs. Timpone-Mohamed requested that the parking spaces be made larger, even though they are code compliant. Because the spaces are adjacent to either a retaining wall or a fence, to prevent property from being damaged, she recommends parking spaces should be of sufficient length, 20 feet, to allow a little extra room to maneuver vehicles. The applicant agreed to comply with the request. Mrs. Mohamed added that a handicapped space is provided; however, there is no way for a person in a wheelchair or a person who cannot climb stairs, who might use the space, to get to the front entrance of the building. She recommended making the site accessible, or removing the handicapped parking space so someone would not be mislead. She does not believe the current situation complies with the spirit of the ADA law. Mrs. Schoen agrees with Mrs. Mohamed adding that offices are public buildings and therefore, should be subject to ADA regulations for accessibility. Pursuant to discussion with the Building Inspector, Mrs. Gray stated, if the building was being constructed today it would be required to be ADA compliant; however, at the time the Certificate of Occupancy was originally issued there were no accessibility requirements for the building. Mrs. Schoen asked if a ramp could be installed. Mr. Napior said it would be extremely difficult to add the additional means to make the site and building accessible. Mrs. Schoen believes the applicant should make an effort to comply with the current ADA regulations. Chairman Zuckerman believes that the handicapped space should remain in place because, not all are handicapped to the degree that they cannot negotiate a short set of steps. As far as access to the building, he believes every effort should be made to add a ramp or some other means to allow people in wheelchairs access. He suggested that the Board condition the report on the applicant providing accessibility to the rear of the structure. Mr. Accurso believes that a person does not have to be in a wheel chair to be handicapped. As a policy decision, he does not believe that the Planning Board should discourage an applicant from making a premises accessible. He believes it may be worthwhile for the applicant to look into making the building accessible in the spirit of the ADA law. Mr. Tartaglia believes there are only going to be two types of people accessing the building: the employees/tenants and visitors. If a tenant is handicapped and can't get access they will go Page 12 of 15 1313VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... somewhere else to rent work space. He would rather see the handicapped access parking space removed and the parking lot used by tenants. Visitors should use the front of the building for access. Leaving the handicapped access space in the parking lot is waste of a parking space, in his opinion. Mr. Goodman asked for confirmation that a handicapped person could not access the second floor if they are in a wheelchair. The applicant confirmed that Mr. Goodman's statement was correct. Mr. Grzan asked what types of businesses were in the building. Mr. Napior responded that there were several doctors' offices in the building, but he was not sure of the other tenants' occupations. Chairman Zuckerman urged the Board to make the best planning decision possible. Handicapped accessibility is the only outstanding issue and the applicant can still argue the point with the Board of Trustees, if it becomes necessary. Chairman Zuckerman asked for a consensus of the Board regarding whether the report should include a request that there be handicapped accessibility. After brief discussion, it was the consensus of the Board that the handicapped access space should remain in place, and the applicant should attempt to provide accessibility to the building for handicapped persons. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the report and recommendation was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to read the referral resolution. August 9, 2012 _APPROVED (7-0) RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE Page 13 of 15 1414VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 558 WESTCHESTER AVENUE 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 Special Use Permit and Site Plan application for 558 Westchester Avenue and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the Secretary was authorized to forward the report and recommendation to the Board of Trustees and Village Administrator: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES NEW BUSINESS 6. Sketch plan review of a proposed teardown,and construction of a new single family dwelling located at 39 Hillandale Road,Rye Brook,NY Parcel ID 135.28-1-38 Chairman Zuckerman wanted it noted that while he lives four houses away from the location of the application, he will not recuse himself because his home is outside the public notice requirement radius. Charles Utschig, Jr. addressed the Board on behalf of the applicant and gave an overview of the project which proposed a new 8,000 square-foot house. The current home is 5,000 square feet. Mr. Ustchig stated that the elevation and the setback of the new home are the same as the current home, and he believes the new home meets all the bull-,requirements of the Village Code. There are no variances required and 3 trees will be removed to build the new home. There was a brief discussion and a question and answer period. Storm water management was discussed. 100 cultec units are proposed to be installed, and Mr. Utschig hopes to control 50- 75% of the storm water run-off. Page 14 of 15 1515VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL,938 KING STREET Thursday,June 14,2010-8:00 p.m. ............................................................................... There being no further business, on a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was adjourned at 9:05 pm by unanimous voice vote. Page 15 of 15