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HomeMy WebLinkAbout2013-01-03 - Planning Board Meeting Minutes APPROVED: 10/10/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, January 3, 2013 - 8:00 p.m. ROLL CALL MINUTES PUBLIC HEARING CONTINUED BUSINESS 1. 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 2. 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 • Consideration of a Report and Recommendation 3. Consideration of a referral from the Village Board of Trustees of a proposed local law amending Chapters 215 and 217 of the Village Code regarding Streets/ Sidewall,'s and Stormwater Management • Consideration of a Report and Recommendation NEW BUSINESS 4. Review of a Site Plan Application by Mr. and Mrs. Nardi for a proposed second story addition for property located at 10 Rock Ridge Drive Rye Brook, NY 10573 Parcel I.D. 135.35-1-48 • Consideration of a Resolution to Set a Public Hearing • Consideration of a Resolution to Refer the Application to the Zoning Board of Appeals 5. Review of an application by Kip Konigsberg on behalf of K&M Realty Group, Ltd. for approval a Steep Slopes Permit and Wetlands Permit for property located at Bowman Ave, Rye Brook NY, Parcel I.D. 141.26-1-1.1 • Consideration of a Resolution to Set a Public Hearing ACTION ON NON-AGENDA MATTERS Subject to consent of Planning Board Members present at the meeting. THE NEXT PLANNING BOARD MEETING February 14, 2013 A. PRESENT BOARD Mrs. Domenic Accurso Mr. Robert Goodman Mr. Bill Laufer Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr.JohnGrzan 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. Advancing to: NEW BUSINESS Review of a Site Plan Application by Mr. and Mrs. Nardi for a proposed second story addition for property located at 10 Rock Ridge Drive Rye Brook,NY 10573 Parcel I.D. 135.35-1-48 • Consideration of a Resolution to Set a Public Hearing • Consideration of a Resolution to Refer the Application to the Zoning Board of Appeals Page 2 of 10 Mr. Marchasani addressed the Board as Architect for the applicant and gave a brief overview of the project. Chairman Zuckerman pointed out that this applicant has to be referred to the Zoning Board and per Mrs. Timpone Mohamed's memo the applicant is missing a few minor items that need to be addressed before the next meeting. Mrs. Gray read the resolution setting the Public Hearing: RESOLUTION _SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 10 ROCK RIDGE DRIVE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. and Mrs.Jeff Nardi, property owners, submitted an application for approval of a site plan to construct a second floor addition on an existing home located at 10 Rock Ridge Drive, in the R-10 zoning district, designated as Section 135.35, Block 1, Lot 48 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 February 14, 2013 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) determines the Proposed Action to be a Type 2 Action requiring no further review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, the resolution was approved and Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN ABSENT Page 3 of 10 MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution referring the applicant to the Zoning Board: REFERRING AN APPLICATION FOR APPROVAL OF A SITE PLAN TO CONSTRUCT A SECOND FLOOR ADDITION ON AN EXISTING DWELLING LOCATED AT 10 ROCK RIDGE DRIVE TO THE VILLAGE OF RYE BROOK ZONING BOARD OF APPEALS VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Stephen Marchesani ("Applicant") on behalf of the property owners, Jeff and Dorianne Nardi, has made an application to the Village of Rye Brook for approval of a site plan to construct a second floor addition on an existing dwelling on property located in the R-10 Zoning District at 10 Rock Ridge Drive, Section 135.35-1-48, Block 1, Lot 71 on the Town of Rye Tax Assessor's Map; and WHEREAS, subject to confirmation by the Building Inspector, the proposed site plan requires the following variance: • Total of two side yards setback variance of 3.8 ft.; and WHEREAS, the Planning Board reviewed and considered the application at its January 3, 2012 meeting; and WHEREAS, the following planning issues are identified by the Planning Board for the Zoning Board of Appeals consideration: • The second story addition is being constructed above the portion of the house which complies with the single side yard setback requirement of 10 ft. Although the existing 21.2 ft. total of two side yards setback is nonconforming and the construction of the addition will expand the nonconformity, the addition is well screened from the property adjacent to the proposed addition; and Page 4 of 10 NOW, THEREFORE BE IT RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby refers the application listed herein to the Zoning Board of Appeals for a determination on the area variance. BE IT FURTHER RESOLVED, once the determination has been made by the Zoning Board of Appeals regarding the area variance, the Applicant shall return to the Planning Board for consideration of the site plan 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 ABSENT MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES CONTINUED BUSINESS 2. 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 a. Consideration of a Report and Recommendation Mr. William Null of Cuddy and Feder addressed the Board advising them that a number of submissions had been made in response to the Village Consultant's comments. There is one comment remaining with regard to seed mixture and they are attempting to address that as well. Traffic comments were also addressed and resolved and a study of two additional intersections were also done at the request of Mr. Tartaglia. Mrs. Gray will read the Report and Recommendation: Mr. Tartaglia did research and found a facility in Hackensack, New Jersey. It is a regional facility with 4 rinks and extremely heavy traffic. The applicant did a comparison with a rink in Brewster which is smaller with only 2 rinks and is not a regional facility. Mr. Tartaglia added that the traffic study was done on a Thursday night at peak time but should have been done on a Friday in his opinion. He also proposed new language to insert into the Report and Recommendation. Mrs. Schoen does not know if hockey works the way basketball does but would like to encourage the Board of Trustees to look at the possibility of expanding the use from weekend to weekday as well. Mr. Accurso asked Mr. Tartaglia if the Hackensack facility was a free standing facility. Mr. Tartaglia responded that it is in a light industrial setting with a few on-site parking spaces but across the street there is an enormous lot where the facility would share parking with a public park. Page 5 of 10 Mrs. Timpone Mohamed addressed the landscape plan noting that the grading plan has been reduced—there is sufficient distance that the building while it won't be hidden, it will be filtered. Mr. Accurso asked with respect to steep slopes had there been any changes. The response was steep slopes were adjusted by pulling in the embankments— steeper slopes—lesser area. Mr. Mike Muso of HDR addressed the Board to discuss the noise issue. He stated there will be a follow up memo for noise. As for air quality, after meeting with the applicant, they have no concern regarding air quality—this type of facility will be permit exempt from the Department of Environmental Conservation. Mr. Accurso asked about the comments generated by the Town of Greenwich. Mr. Schwabe responded that Greenwich is concerned with maintenance during construction and with respect to the modeling, they reviewed with Dolph Rotfeld's office. Mr. Accurso asked about the current runoff being captured to which Mr. Schwabe responded that nothing had changed from the original plan with 76% of the runoff being captured. Exterior lighting plan was submitted with original submission and reviewed by F.P. Clark and found to be adequate. Mr. Goodman asked about the construction management plan— it was submitted and reviewed but no comments as of yet. Mrs. Schoen asked about construction traffic—the times of the entrancing and exiting and how it impacts King Street and the hours of operation and if it will meet with the village requirements and work within the limits of the hours of operation allowed for noise and traffic impacts. Applicant responded that the work will take place Monday thru Friday but not sure of the times— 8 or 8:30. They would like the facility open by September 2013 — outside work will be done fairly quickly — inside requires a lot of piping etc — major truck operation will be materials coming in. Dan asked about additives to the ice? Steve Canaly responded that there is nothing in the water— it is filtered water and it is recycled water. They take the water and put it into the snow pits— everything is recycled. There are two emergency service concerns — congestion off International Drive and they continue to request that an alternate access to the site be provided on the plans — a new access drive at the rear of the northern parking facility was suggested. They are open to alternative methods. The other issue is the location of the handicapped parking spaces at the north elevation of the building being blocked by traffic or busses loading or unloading players — they will be issuing a memo by early next week. Mrs. Schoen asked about the first aid station — the applicant is responsible - the staff of the facility will be trained in emergency service and first aid techniques — there will be qualified individuals on site — defibrillator on site — all tournaments have their own EMT's during tournament weekends. They would be hiring people to stay there full time during tournaments. Mr. Goodman asked about security— they will provide with full time employees who patrol the grounds and make sure people are doing what they are supposed to be doing. Question to Board— do they think this facility will be in harmony with the OB I District? Mr. Tartaglia has no comment or concern Mrs. Schoen— does not believe it is in harmony but also believes it does not clash either Page 6 of 10 Mr. Goodman has concerns that there hasn't been any research done for other facilities to see if they had any adverse affects on the neighborhood — based on the information there is nothing that stands out as problematic. Mr. Laufer asked if the applicant was aware of the Hackensack facility and if he visited the facilty? Mr. Null became aware of it a month ago and sent a memo to the Village. Mr. Laufer questioned why the data was for 2 rinks facilities and not a 4 rink—his problem is he dosent have enough data to determine if this facility will be detrimental to Rye Brook. Mr. Null disagrees stating that the village consultants are satisfied with the data in this instance as was indicated. The activities in the building wont be visible or audible outside the building. While Mr. Laufer sees the benefits of the facility for the community — he is not sure if the impacts to the neighborhood are going to be substantial or not. He believes other communities with the same type of facility should be researched to see the impacts on those communities. Mr. Accurso is not in favor of this proposal and does not believe it meets the special permit criteria. He also believes it does not fit in the neighborhood— out of scale— out of character and out of size. Chairman Zuckerman added that this proposal for a 4 hockey rink is unique and unusual but not forbidden under the zoning and that's why it needs a special permit. We have received consultant reports and none of the reports have indicated that this use will not be in harmony and will be of an adverse impact to the surrounding area. It is surrounded by a conference center and the nearest houses are substantial distances away. The report and recommendation sets forth every issue and analyzes it. The one issue that he has is the fact that there is a large area of this site that remains not used and subject to future development but that is not before us now — it is his opinion that it is not detrimental to the surrounding area. Mrs. Gray stated that she did not hear a consensus one way or another and is proposing that the report states the following — the Planning Board cannot make a definitive determination and recommends that the Board of Trustees further study other like facilities. Chairman Zuckerman believes this Board should take a position that the Board of Trustees can accept or reject. He wants the language to be positive and he wants a motion and a second to accept the report as drafted. A motion was made by Mrs. Schoen and seconded by Mr. Goodman Mr. Goodman makes a motion to amend according to the attorney's language noted above Chairman Zuckerman responds that it is already in the report that the Board of Trustees look into other facilities and calls for a vote on the amendment: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN ABSENT MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA NO CHAIRMAN ZUCKERMAN NO Motion does not pass Chairman calls for a vote on the Report and Recommendation as drafted and as amended— that this facility will be in harmony and will not be detrimental to the area: Page 7 of 10 MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN ABSENT MR. LAUFER NO MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Motion passed Chairman Zuckerman called for a motion to send Report and Recommendation to the Board of Trustees: On a motion made by Mr. Tartaglia and seconded by Mrs. Schoen, the motion was passed and Mr. Nowak called the roll: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN ABSENT MR. LAUFER NO MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES 3. Review of an application by Kip Konigsberg on behalf of K&M Realty Group, Ltd. for approval a Steep Slopes Permit and Wetlands Permit for property located at Bowman Ave, Rye Brook NY, Parcel I.D. 141.26-1-1.1 a. Consideration of a Resolution to Set a Public Hearing Mr. Konigsberg addressed the Board and gave an overview of his proposal. The plan that's before you right now is the plan with a few minor changes— increasing some plantings based on recommendations by Mrs. Mohamed. Basically the only change is the two parking spaces that were originally land banked but will not be built. The only thing left to do on the slopes is the plantings. Chairman Zuckerman added that this Board had previously issued a Report and Recommendation and the Board of Trustees has not yet taken action. His original permits have expired and that is why he is here tonight— tonight we are just calling for a Public Hearing and then hopefully by then he will have his approval from the Board of Trustees. Chairman Zuckerman went on to say that from the 2007 permit there may have been some conditions not met — one was the storm water management plan. Mr. Nowak responded that there is an approved plan on file — construction might not be completed but there is an approved design in place. Mrs. Gray read the resolution: Page 8 of 10 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 YES CHAIRMAN ZUCKERMAN YES 4. Consideration of a referral from the Village Board of Trustees of a proposed local law amending Chapters 215 and 217 of the Village Code regarding Streets/ Sidewalks and Stormwater Management a. Consideration of a Report and Recommendation Mrs. Gray stated that at the last meeting we reviewed two proposed local laws. The Planning Board has before it a draft report and recommendation requested by the Village Engineer. This is to make clear that all storm water from proposed and existing construction must be contained on the site. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the motion 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 YES CHAIRMAN ZUCKERMAN YES Mrs. Gray read the resolution sending the Report and Recommendation to the Board of Trustees: 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 YES CHAIRMAN ZUCKERMAN YES Page 9 of 10 5. 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 a. Consideration of a Report and Recommendation Mrs. Gray gave an overview of the proposal. Chapter 209 is in regard to backup generators and for review and approval by the Planning Board, not the Board of Trustees. The intent is to remove the final approval authority from the Board of Trustees and give it to the Planning Board. It would be divesting the Board of Trustees of approval authority and would now be considered a site plan amendment. Chairman Zuckerman wants to know why the Arbors is being singled out. Mrs. Gray responded that to install a backup generator in the Arbors, because it is so densely populated, they would not meet the requirements. Mr. Laufer asked Mr. Nowak what an individual homeowner does for a backup generator. Mr. Nowak responded that would come under the jurisdiction of the Building Inspector. Chairman Zuckerman would like to adjourn this to the next meeting so the Board can continue to review. Dee Mitchell, Arbors resident, addressed the Board and stated that when anyone wants to do anything on the outside of their home they have to go before her committee — architecture and grounds— she cant imagine 250 permanent generators being installed. Chairman Zuckerman responded that the question is not that it just undergo site plan review but also who is going to do the review, the Board of Trustees or the Planning Board. The second question is should it apply only to the Arbors or should it apply to all PUD's On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was adjourned at 10:48pm by unanimous voice vote. Page 10 of 10