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HomeMy WebLinkAbout2012-12-13 - Planning Board Meeting Minutes VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, December 13, 2012 - 8:00 p.m. ROLL CALL MINUTES PUBLIC HEARING 1. Review of an application by Steven and Robin Kamin for approval of a Site Plan and Steep Slopes Work Permit for the proposed teardown and reconstruction of a single- family dwelling on property located at 39 Hillandale Road, Rye Brook,NY, Parcel ID 135.28-1-38 • Consideration of a Resolution CONTINUED BUSINESS 2. Review of an application by Sarah Anne Trayner (66 Bowman Ave Realty Corp.) for approval of an Amended Special Use Permit and Amended Site Plan for property located at 66 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-24 • Consideration of a Resolution 3. Review of an application by Reckson Operating Partnership, L.P. for an Amended Site Plan and Special Use Permit for property located at 1100 King Street, Rye Brook NY, Parcel ID 129.25-1-1 Consideration of a Report and Recommendation NEW BUSINESS 4. Consideration of a referral from the Village Board of Trustees of a proposed local law amending Chapters 209 and 250 of the Village Code regarding the Arbors PUD • Discussion ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETING January 10, 2012 1of16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM A. PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mrs. Amy Schoen 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 the Planning Board Rules of Procedure can be found on the Village website, where the public can also view the Planning Board meetings on streaming video. Page 2 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM PUBLIC HEARING 1. Review of an application by Steven and Robin Kamin for approval of a Site Plan and Steep Slopes Work Permit for the proposed teardown and reconstruction of a single- family dwelling on property located at 39 Hillandale Road, Rye Brook,NY, Parcel ID 135.28-1-38 • Consideration of a Resolution On a motion made by Mr. Laufer and seconded by Mr. Goodman, the Public Hearing was opened by unanimous voice vote. Mr. Chuck Utschig addressed the Board and gave an overview of the project, which he believes complies with all the R-25 district regulations. Mrs. Timpone-Mohamed addressed the Board stating that the comments in her last memo were mostly satisfied. The remaining comments regarding tree removal and the landscape plan should be resolved. A significant elm on the plan succumbed to storm damage and was removed. The applicant has provided a tree inventory assessment that is satisfactory. The Village Engineer recommends removing several additional trees, so the tree removal and landscape plans should be revised accordingly. Finally the proposed plantings should be revised to improve the screening of the property from the view of neighbors. She noted there was email correspondence from the neighbor at the rear property line, who has concerns that during the winter, when trees are leafless, lighting on the tennis court and pool area would be visible from the neighbor's property. Therefore, Mrs. Mohamed recommended improving the landscape screening along the rear property line as well. Mr. Laufer pointed out that the neighbor's email also asked that there be no flood lights. Mr. Utschig stated that the plan calls for one flood light which consists of two 100 watt fixtures. He advised the Board that the applicant is willing to mitigate any visual impacts and comply with the recommendations from FP Clark regarding the addition of trees. Mr. Tartaglia pointed out that the email also included concern regarding use of the sports court at night. Chairman Zuckerman responded to Mr. Tartaglia, stating that the Board can address the lights and the screening, but suggested that noise issues be handled by the Village Code's noise ordinance. . Mike Nowak addressed the Board, advising that the Village's Consulting Engineer, DRE, extensively reviewed the proposed storm water system. The proposed system is designed to handle a 25 year storm and includes the entire impervious surface coverage of the lot. Page 3 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM Additionally, there are proposed landscaping details that will help capture some additional storm water runoff and keep it off the neighbor's property. Comments from public: Jane Steinberg of 16 Edgewood Drive stated that her property is adjacent to the tennis courts. She is concerned about storm water run off and the current state of disrepair at the rear of the lot. She hopes the new home and site improvements will not lead to flooding issues on her lot. Chairman Zuckerman responded that any current storm water run-off situations will be improved by the proposed storm water management plan, and the landscape plan will address the disrepair in the rear area of the property. Joe Moshito of 41 Hillandale Road welcomed the new neighbors and stated he is in full support of the proposed site plan. He noted his respect for the professional opinions of Mr. Nowak and Mrs. Timpone-Mohamed as he worked with them when building his home and he urged the Board to consider their recommendations. Mr. Andrew Kaminsky who lives downhill from the property stated that his property has no storm water issues and that it is his belief that the proposed plan will improve the appearance, and the look and feel of the neighborhood. Mr. Bill Laufer stated that the applicant has done a good job. However, he has a concern regarding the lighting plan, noting that there are no street lights on Loch Lane. The elevation of the property in question is high and he has a concern with the sports court lighting. Mr. Accurso also cited the sports court lighting as a problem. Chairman Zuckerman stated his primary concern is the proper design of the storm water management system. He is especially concerned for properties downhill on Edgewood and Hillandale. He pointed out that Mr. Rotfeld, the Village Engineering Consultant has opined that the proposed system will be beneficial, not detrimental, to storm water management in the neighborhood. There being no further questions or comments, on a motion made by Mr. Tartaglia 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 MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Page 4 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM A request to advance to the resolution was made by Chairman Zuckerman, and it was approved by unanimous voice vote. Mrs. Jennifer Gray, Village Counsel, read the resolution: RESOLUTION CONSIDERATION OF APPLICATIONS FOR APPROVAL OF A SITE PLAN AND STEEP SLOPES WORK PERMIT TO CONSTRUCT A NEW SINGLE FAMILY DWELLING LOCATED AT 39 HILLANDALE ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Steven and Robin Kamin submitted an application for approval of a Site Plan and a Steep Slopes Work Permit to demolish an existing residence and build a new, two- story residence with attached three-car garage at 39 Hillandale Road in the R-25 zoning district, Section 135.28, Block 1, Lot 38 as shown 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 and Checklist dated 10/24/12 3. Tree Removal Permit Application 4. Short Environmental Assessment Form 5. Topographical Survey prepared by The Munson Company, Elmsford, N.Y., dated May 7, 2012, revised September 25, 2012 6. Tree Inventory/Assessment prepared by Almstead Tree, Shrub and Lawn Care, New Rochelle, N.Y., dated November 28, 2012 7. Storm Water Pollution Prevention Plan dated August, 2012,revised October, 2012 prepared by Birdsall Services Group, White Plains, N.Y. 8. Memorandum to the Planning Board from Birdsall Services Group, White Plains, N.Y. dated November 29, 2012 9. Memorandum to the Planning Board from Birdsall Services Group, White Plains, N.Y. dated October 24, 2012 10. Memorandum to the Planning Board from the Rye Brook Village Engineer dated December 12, 2012 11. Memorandum to the Planning Board from the Rye Brook Building and Fire Inspector dated November 8, 2012 12. Memorandum to the Planning Board from the Rye Brook Building and Fire Inspector dated September 13, 2012 Page 5 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM 13. Memorandum to the Rye Brook Village Engineer from Dolph Rotfeld Engineering (DRE) dated December 11, 2012 14. Memorandum to the Rye Brook Village Engineer from Dolph Rotfeld Engineering (DRE) dated November 26, 2012 15. Memorandum to the Rye Brook Village Engineer from Dolph Rotfeld Engineering (DRE) dated October 17, 2012 16. Architect's Plans, prepared by Justin F. Minieri, AIA, New Rochelle, N.Y.: Sheet Number Sheet Title Dated A01 Cover Sheet 8/15/12 rev. 10/18/12 A04 Basement Floor Plan 8/15/12 rev. 10/18/12 A05 First Floor Plan 8/15/12 rev. 10/18/12 A06 Second Floor Plan 8/15/12 rev. 10/18/12 A13 Elevations 8/15/12 rev. 10/18/12 A14 Elevations 8/15/12 rev. 10/18/12 17. Engineer's Plans, prepared by Birdsall Services Group, White Plains, N.Y.: Sheet Number Sheet Title Dated 1 of 12 Title Sheet and Legend 7/31/12 rev. 10/19/12 2 of 12 Existing Conditions, Tree Removal and Demo Plan 7/31/12 rev. 11/28/12 3 of 12 Existing and Proposed Slope Maps 7/31/12 rev. 10/19/12 4 of 12 Layout and Zoning Plan 7/31/12 rev. 11/28/12 5 of 12 Utility and Lighting Plans 7/31/12 rev. 11/28/12 6 of 12 Grading Plan 7/31/12 rev. 11/28/12 7 of 12 Construction Management, Erosion Control and Tree Protection 7/31/12 rev. 11/28/12 8 of 12 Existing and Proposed Impervious Area Map 10/19/12 9 of 12 Landscape 7/31/12 rev. 10/19/12 10 of 12 Height/Setback Ratio Plan 7/31/12 rev. 10/19/12 11 of 12 Construction Details 8/20/12 rev. 10/19/12 12 of 12 Construction Details 8/20/12 rev. 11/28/12 Page 6 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM WHEREAS, on November 8, 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 December 13, 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 December 13, 2012; and WHEREAS, the Planning Board has considered the Steep Slopes Work Permit standards set forth at Village Code §213-6; 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 demolish an existing residence and build a new, two-story residence with attached three-car garage at 39 Hillandale Road, upon the following conditions: 1. Prior to the issuance of a Building Permit, the Applicant shall submit a Final SWPPP for review and approval by the Village Consulting Engineer. 2. Prior to the issuance of a Building Permit, the existing well shall be abandoned in accordance with all applicable requirements of the Westchester County Department of Health and written proof of same shall be submitted to the Village Building Inspector. 3. Prior to the issuance of a Building Permit, the Applicant shall obtain approval of a Tree Removal Permit from the Village Engineer/Superintendent of Public Works. 4. Prior to the issuance of a Building Permit, the Landscape Plan and Tree Removal Plan shall be revised in conformance with the memorandum dated December 12, 2012 from Village Arborist Michal Nowak and the Applicant shall comply with all comments set forth in such memorandum. 5. All lighting for the sports court shall be directed away from neighboring properties. 6. The Landscape Plan shall be revised to the satisfaction of the Village Arborist in consultation with the Village Planning Consultant, to incorporate additional screening Page 7 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM to accommodate the removal of trees set forth in the December 12, 2012 memorandum of the Village Arborist. BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board hereby grants a Steep Slopes Work Permit for property located at 39 Hillandale Road. 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 A motion was made by Mr. Goodman and seconded by Mr. Laufer, after which there was discussion: Mr. Tartaglia discussed the proposed fencing around the sports court that is a 6-foot tall chain link fence. Mr. Tartaglia believes use of the court at night would have more of an impact than lighting the court. Mr. Goodman agreed; however, he believes pointing the light away from the neighboring property should be sufficient to lessen any impact. He is also concerned with noise at night, but thinks the applicant should be mindful of the neighbor's concerns. Mr. Laufer asked about other sports courts in Rye Brook. Mr. Utschig explained that there is a lot of screening and mitigation proposed in the area of the subject sports court. Mrs. Timpone- Mohamed responded that there is a sports court that has lights on Edgewood Drive. Mr. Laufer stated if the applicant installs lights for the sports court,the court will be used at night. He asked for language in the resolution to assure the neighbor's concerns are addressed. Mr. Accurso believes lights will allow playing at night and that will lead to noise. It is his opinion that it is impractical to limit the lights by resolution. Currently there are no lights on the sport court, and he believes the court should not be illuminated at night because it will lead to noise. Chairman Zuckerman feels if the lights are turned inward away from neighboring properties and there is screening, the lighting will not be a problem. Furthermore, the police will deal with noise if called. Playing at night should not be discouraged especially if it does not cause a problem. However, the applicant should be cognizant of the fact that loud noises should not occur at night when people are relaxing at home. Mr. Laufer asked if there was a way to improve the screening beyond what is currently proposed. Mrs. Timpone-Mohamed responded that there is no way to completely screen all light. The proposed lights will be cut-off style and there will be no lateral glare from the lights specified. The proposed addition of larger evergreens that will eventually grow tall enough to filter the Page 8 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM light combined with the addition of opaque slats in the chain link fence will go a long way to minimize the visual impact of the lighting for neighbors. Mr. Utschig noted that opaque slats in the fence are not on the plans now, but the applicant agrees to add them. Chairman Zuckerman asked Mrs. Gray to adjust the resolution to include turning the lights away from neighboring properties. Mr. Nowak called the roll, and the resolution was approved, as amended. MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman wanted it noted in the record that a lot of documents were submitted just before the meeting, and the staff and consultants did an amazing job of reviewing them to get the necessary information to the Board for the meeting. He offered his thanks for their work. CONTINUED BUSINESS 2. Review of an application by Sarah Anne Trayner (66 Bowman Ave Realty Corp.) for approval of an Amended Special Use Permit and Amended Site Plan for property located at 66 Bowman Avenue, Rye Brook, NY, Parcel ID 141.27-1-24 • Consideration of a Resolution Mr. Noto stated that the applicant had nothing to add to the record. The applicant's engineers have met with Mr. Rotfeld, the Village's engineering consultant regarding storm water management and Mr Rotfeld provided a memo to the Board. The Applicant has no objections to the proposed resolution providing the Zoning Board of Appeals with input on the relevant planning considerations in connection with the impervious surface coverage and off-street parking variances requested by the applicant. Mrs. Jennifer Gray was asked to read the resolution: RESOLUTION PROVIDING THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS WITH Page 9 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM PLANNING CONSIDERATIONS FOR THE VARIANCES REQUESTED IN CONNECTION WITH AN APPLICATION FOR AN AMENDMENT OF A SPECIAL USE PERMIT AND SITE PLAN APPLICATION AT 66 BOWMAN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, 66 Bowman Avenue Realty Corp. ("Applicant") has made an application to the Village of Rye Brook for approval of an amendment to a Special Use Permit and Site Plan to legalize existing offices and site plan modifications on property located in the R-2F Zoning District at 66 Bowman Avenue, Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Assessor's Map; and WHEREAS, on November 22, 2011 the Village of Rye Brook Board of Trustees referred the application to the Zoning Board of Appeals for a review of the requested variances and to the Planning Board for consideration of a Report and Recommendation, upon the condition that the Zoning Board of Appeals act on the variances prior to the Planning Board's consideration of a Report and Recommendation; and WHEREAS, following the submission of revised plans the Applicant submitted its application to the Zoning Board of Appeals on or about February 3, 2012 requesting the following variances: 1. An impervious surface coverage variance of 2,009.32 square feet; and 2. An off-street parking variance of 12 parking spaces; and WHEREAS, on March 6, 2012 the Zoning Board of Appeals referred the application to the Planning Board for input on the planning considerations relevant to the requested impervious surface coverage variance and the requested off-street parking variance; and WHEREAS, the Planning Board reviewed and considered the application at its April 12, 2012, July 12, 2012 and December 13, 2012 meetings (the applicant requested adjournments from the May 10, 2012, June 14, 2012, August 9, 2012, September 13, 2012 and October 11, 2012 meetings) and the following planning issues are identified by the Planning Board for the Zoning Board of Appeals consideration: Page 10 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM 1. Parking. The Planning Board requested that the Applicant perform a Parking Demand Study to determine whether the twelve (12) proposed off-street parking spaces are sufficient to accommodate the Applicant's proposed use of the premises. The Parking Demand Study was conducted by Tim Miller Associates, Inc. from 7:00 A.M. to 6:00 P.M., Monday through Thursday in April 2012. The results of the Parking Demand Study, dated April 30, 2012, were reviewed by the Planning Board and FP Clark provided comments in its July 9, 2012 Memorandum. The Study indicates that the maximum number of employees on site occurred on Wednesday, with 17 employees present at the building. On that day the maximum number of parking spaces needed was 8 spaces. Based on the information provided by the Applicant and FP Clark, it is the consensus of the Planning Board that the twelve (12) off-street parking spaces proposed by the Applicant are sufficient to accommodate the Applicant's use of the property. 2. Stormwater. For the purposes of this application and the Planning Board's input on the requested impervious surface coverage variance, the Planning Board notes that the property has a pre-existing nonconforming impervious surface coverage of 6,644.17 sq. ft. and the Applicant is proposing to add a small amount of new impervious surface coverage to create a conforming ADA accessible parking space. The remaining impervious surface coverage for which a variance is sought is due to impervious surface coverage added some time after the Applicant received Special Permit and Site Plan approval in 1998. The Village's Consulting Engineer requested that percolation tests be performed on the property to aid in assessing the proposed design of a storrawater management system for the property. The tests revealed that there is no absorption capability on the property. By memorandum dated December 11, 2012, the Village's Consulting Engineer recommended a long term solution to the drainage pattern in the area whereby the Village Board of Trustees creates a local drainage district to implement certain stormwater improvements following a drainage study of the area. The creation of a drainage district is at the sole discretion of the Board of Trustees. Based on the lack of absorption capability for this property, it is the consensus of the Planning Board that any increase in the amount of impervious surface coverage on the property will not impact conditions in the neighborhood because any existing open grass or soil is not capable of absorbing stormwater runoff, and NOW, THEREFORE BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby returns the application listed herein to the Zoning Board of Appeals for a determination on the area variances. Page 11 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM BE IT FURTHER RESOLVED, once the determination has been made by the Zoning Board of Appeals regarding the area variances, the Applicant shall return to the Planning Board for consideration of a Report and Recommendation to the Board of Trustees. On a motion made by Mr. Goodman and seconded by Mr. Tartaglia, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES 3. Review of an application by Reckson Operating Partnership, L.P. for an Amended Site Plan and Special Use Permit for property located at 1100 King Street, Rye Brook NY, Parcel ID 129.25-1-1 • Consideration of a Report and Recommendation William Null, Esq. of Cuddy and Feder, representing the applicant, addressed the Board and provided a summary of the progress of the application. Chairman Zuckerman stated he would like to go thru the items in the draft Report and Recommendation to address each of the issues as they come up in the report. Mrs. Gray noted that the draft report may not include material submitted to the Village in the last 24 hours. Regarding traffic analysis and impacts, Dr. John Collins, Traffic Engineer for the applicant, summarized his opinions regarding impacts during peak traffic hours and his estimates of the number of vehicle trips. Mr. Michael Galante, Vice President and Traffic Engineer with Frederick P. Clark Associates, the Village's Planning Consultant, added that he hoped that the Applicant's traffic report is close to being finalized. There are still differences between the Applicant's traffic analysis and the analysis performed by FP Clark using the project information supplied by the applicant regarding the impacts on King Street traffic. Page 12 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM 1 11 11 11 11 11 Y Y Y Y Y Y Y Y Y Y Y Y 11 11 11 11 11 11 11 11 11 11 11 11 Y Y Y Y Y Y Y Y■11 11 11 11 11 Y Y Y Y Y Y Y■11 11 11 11 11 11 11 11 11 11 11 11■11 II II II II II II II 11 Y Y■11 11 11 11 11 Mr. Tartaglia asked about the Sherwood Avenue and King Street intersection, as well as the Legendary Circle and King Street intersection. It is his opinion that left turns from either of the intersecting streets onto King Street are going to be difficult as currently there are few breaks in traffic on King Street during peak hours. Chairman Zuckerman responded that the Board can recommend that the Board of Trustees look at that concern. Dr. Collins advised that late next Monday or early next Tuesday they will have responses to the remaining questions and will be in touch with Mr. Galante. He also added he does not believe that the project would alter traffic flow and turning movements at the two intersections referenced. He noted that the Applicant already has approval to construct a 280,000 square foot office building. It is his opinion that the traffic distribution patterns for the office building would not be significantly different from the traffic distribution patterns generated by the proposed hockey facility. Regarding parking capacity, Mr. Galante stated that based on the information provided by the applicant regarding the project and a review of the parking analysis that includes shared parking with the existing office buildings, it appears that ample parking is available for the project. Regarding visual impacts, the Applicant stated that they brought to the meeting computer generated simulations of what would be visible from a view point in Doral Green and a view point in Bellefair if the project were to be built. It was the opinion of the Applicant's consultants that there would be no visual impacts to viewers in Doral Green or Bellefair. Mrs. Timpone-Mohamed stated that although the new simulations appear to be better than the original simulations provided because they included the proposed building, she has reservations about the accuracy of the existing vegetation shown in the simulations. If the Applicant's current grading plan were to be approved, it appears that the existing mature trees shown in the simulation would be mostly removed, leaving very little vegetated buffer to screen views into the site, She stated that she will look at the grading plan and simulations more closely once they are submitted. She recommended revising the grading plan as discussed in her memoranda to reduce the extent of grading because if the grading is reduced, most of the existing vegetation would remain. Regarding the landscape plan, the applicant stated it will address most of the comments provided; however, they wanted it noted that the wetland seed mixes were approved when the office building application was approved. Page 13 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM �nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn Regarding noise and air quality analyses and impacts, HDR is reviewing the items and will issue a report of their findings. Regarding impacts to steep slopes, the Applicant believes that the current grading plan is overall environmentally friendly because excavated material would not be removed from the site. Mrs. Timpone-Mohamed believes that the grading plan is far more extensive than what is necessary for the hockey facility, and that it removes much more existing vegetation and habitat than necessary, which would make it less friendly to the local environment.. Mrs. Timpone-Mohamed asked the Applicant about on-going construction of the storm water basins, which are partially constructed. It appeared to Mrs. Mohamed that fill was deposited on the site beyond where it would be necessary for the new application. The Applicant's consultant responded that they need to do this because they want to keep the excavated material on-site, noting that all grading has been done in accordance with the approved site plan for the 280,000 square-foot office building. Mr. Accurso asked if they were creating steep slopes to avoid trucking soil off site., the applicant's Engineer answered "yes." Chairman Zuckerman stated that creation of large areas of steep slopes is an issue that needs resolution. Chairman Zuckerman added, regarding storm water management, that Dolph Rotfeld has provided a report that includes some recommendations. The Rye Brook Emergency Services Task Force also has several comments that should be addressed. Chairman Zuckerman suggested that the Planning Board may wish to call for a special meeting to continue the review. Consistent with proper site plan review, the Planning Board meeting should occur prior to the next Board of Trustees meeting. He suggested Thursday, January 3, 2013 for consideration as a meeting date. Mr. Accurso asked why the application needed to move forward so quickly. He was against having a special meeting, because he believes it would set a bad precedent. Page 14 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM Chairman Zuckerman responded that the Applicant has made known to the Board of Trustees that that there is a time element involved in the construction of the project. The Boards are trying to accommodate the Applicant's time constraints without taking short cuts in the customary review process by advancing the dates of meetings. Mr. Tartaglia has no problem with a special meeting as long as the Board is flexible with other applicants as well. Mr. Laufer agrees to the special meeting, although he may not be able to attend a meeting on January 3. Mr. Goodman agrees to the special meeting as long as the Applicant's consultants can provide responses in a timely manner so that the responses may be reviewed by Village consultants in time for the special meeting, Chairman Zuckerman adjourned the application to 1/3/13 and suggested that the regular meeting of the Planning Board will be held on 1/3/13 instead of 1/10/13. On a motion made by Mr. Tartaglia and seconded by Mr. Goodman, Mr. Nowak called the roll, and the regular meeting date of the Planning Board was changed from 1/10/13 to 1/3/13:: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mr. Clifford Davis, Attorney, asked to speak as he submitted a letter to the Village Board advising he is representing an anonymous client who has concerns regarding the ice hockey facility application. Mr. Davis summarized concerns regarding the determination that the ice hockey facility is a permitted use in the OB-1 zoning district. Chairman Zuckerman advised Mr. Davis that the Planning Board does not deal with questions related to zoning determinations. Mrs. Gray added that it is not within the jurisdiction of the Planning Board to interpret the zoning code. The Building Inspector and the Zoning Board interpret the zoning code. Page 15 of 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET THURSDAY— DECEMBER 13, 2012— 8:00 PM NEW BUSINESS 4. Consideration of a referral from the Village Board of Trustees of a proposed local law amending Chapters 209 and 250 of the Village Code regarding the Arbors PUD • Discussion The Chairman called for a short recess. The recess having ended, Mrs. Gray explained that the local law is a work product of a task force put together by the Board of Trustees to suggest new PUD regulations specific to the Arbors to help eliminate duplicated reviews and streamline amendment of the Arbors site plan for alterations applied for by individual home owners in the PUD. Site plan approval would be triggered for the PUD generally only when three conditions are present: when off street parking is affected, when roadway layout modifications are proposed, or when construction or placement of structures greater than 120 square feet in floor area and greater than 8 feet in height are proposed. Site plan approval for individual lots would be triggered only for proposed land disturbance equal to or greater than 400 square feet for properties whose storm water run-off is tributary to the Arbors storm water detention basin. Properties whose storm water run-off is not tributary to the basin would need site plan approval. Chairman Zuckerman asked why the amendments are limited to the Arbors, as Doral Greens, Bellefair or any other PUD in the village could benefit from such regulations. Mr. Tartaglia responded that the situation in the Arbors is unique. The issues in each of the developments are different. On a motion by Mr. Laufer and seconded by Mr. Goodman, the meeting was adjourned at 10:02 pm by unanimous voice vote. Page 16 of 16