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HomeMy WebLinkAbout2013-02-14 - Planning Board Meeting Minutes APPROVED: JUNE 12,2014 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, February 14, 2013 - 8:00 p.m. AGENDAPUBLIC HEARINGS 1. Review of a Site Plan Application submitted by Mr. and Mrs. Nardi for a proposed second story addition at the property located at 10 Rock Ridge Drive, Rye Brook,NY, 10573, Parcel I.D. 135.35-1-48 • Considering a Resolution 2. Review of an application submitted by Kip Konigsberg on behalf of K&M Realty Group, Ltd. for approval of a Steep Slopes Permit and a Wetlands Permit for the property located on Bowman Ave, Rye Brook, NY, Parcel I.D. 141.26-1-1.1 • Considering a Resolution CONTINUED BUSINESS 3. Review of an application submitted 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 • Consideration of a Report and Recommendation 4. Consideration of a referral from the Village Board of Trustees of a proposed local law establishing Planned Unit Development ("PUD") regulations for the Arbors PUD • Consideration of a Report and Recommendation NEW BUSINESS 5. Consideration of a referral from the Village Board of Trustees of an application submitted by SoulCycle, C/O Luba Senatorova, for approval of an amended site plan at the Rye Ridge Shopping Center, Rye Brook,NY, Parcel I.D. 141.27-1-6 • Consideration of a Report and Recommendation A. PRESENT BOARD Mr. Domenic Accurso Mr. John Grzan Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. Bill Laufer Mr. Robert Goodman STAFF Mrs. Jennifer Gray, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak, Jr., Village Engineer/Superintendent of Public Works 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 Planning Board meetings may be viewed on streaming video. The Chairman called for the first item on the agenda. PUBLIC HEARINGS 1. Review of a Site Plan Application submitted by Mr. and Mrs. Nardi for a proposed second story addition at the property located at 10 Rock Ridge Drive, Rye Brook, NY, 10573, Parcel I.D. 135.35-1-48 • Considering a Resolution The Chairman called for a motion to open the public hearing. On a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman explained that the applicant proposed to increase the gross floor area of the building (GFA) by more than 50%, so the application requires review by the Planning Board. All the variances requested by the Applicant were granted by the Rye Brook Zoning Board of Appeals. Page 2 of 39 Rye Brook Planning Board February 14,2013 Mrs. Timpone-Mohamed addressed the Board stating that most of the outstanding planning issues were resolved. She noted that the architect requested waiver of some of the documents required by the Site Plan Check List in the Village Code. And, she added a minor concern regarding the potential need for landscape screen plantings in the side yards. In regard to the landscape screening, Mrs. Schoen believes the applicant should discuss the need for screening with neighbors and come to an agreement regarding screening. The rest of the Board agreed with Mrs. Schoen; however, did not believe that installation of screen plantings should be a condition of approval. Mr. Accurso suggested that, in the future, regardless of the amount of increase in impervious surface coverage, the Board should review the storm water management of all applications to make sure the regulations are implemented as intended in the Code. He wanted the Board of Trustees to consider amending the regulations to make this possible. Mrs. Gray pointed out that the second-floor addition did not trigger the need for a stormwater management plan, and there were no known stormwater problems on the property; however, if there were storm water run-off issues the site drainage and stormwater management would have been reviewed by the Village Engineer and resolved if necessary. The Chairman called for a motion to close the public hearing after comments from the public were not forthcoming on request. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll, and the Public Hearing was closed: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The chairman asked Mrs. Gras,to read the resolution: RESOLUTION CONSIDERING A SITE PLAN TO CONSTRUCT A SECOND FLOOR ADDITION ON AN EXISTING DWELLING AT PROPERTY LOCATED AT 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; and Page 3 of 39 Rye Brook Planning Board February 14,2013 WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Application 2. Building Permit Checklist and Zoning Analysis 3. Site Plan Application and Checklist 4. Short Environmental Assessment Form 5. Survey, prepared by Ahneman Kirby, LLC, Riverside, C.T. dated November 2, 2012 6. Waiver Request Letter to the Building Department from Stephen Marchesani, Registered Architect, Purchase, N.Y. 7. Architect's Plans, prepared by Stephen Marchesani, Registered Architect, Purchase, N.Y.: Sheet Number Sheet Title Dated C1 Site Plan 11/27/12 rev. 1/22/13 Al Elevations 8/3/12 rev. 1/22/13 A2 Foundation Plan 8/3/12 A3 First Floor Plan 8/3/12 A4 Second Floor Plan 8/3/12 A5 Elevations 8/3/12 A6 Section 8/3/12 A7 Demolition Plan 8/3/12 WHEREAS, on January 3, 2013 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, on January 3, 2013 the Planning Board of the Village of Rye Brook referred the application to the Zoning Board of Appeals of the Village of Rye Brook for consideration of a total of two side yards setback variance; and WHEREAS, on February 5, 2013 the Zoning Board of Appeals of the Village of Rye Brook granted a 3.8 ft. total of two side yards setback variance; and WHEREAS,the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, on February 14, 2013, 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 February 14, 2013; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that after reviewing the recommendation of the Village Engineer/Superintendent of Public Works, the Village of Page 4 of 39 Rye Brook Planning Board February 14,2013 Rye Brook Planning Board hereby grants the Applicant's request for a waiver from submittal of the required documents on the Site Plan Review Check List other than those which have been submitted with the application. BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board hereby approves the site plan referenced herein to construct a second floor addition on an existing home located at 10 Rock Ridge Drive, on the following conditions: ❑ Prior to the issuance of a Building Permit, it shall be determined whether the existing tree in the rear yard will be impacted by construction of the second floor addition. If it will be impacted, the tree shall be pruned or removed as determined by the Village Arborist. If the tree is to be removed, replacement tree(s) shall be planted in accordance with Chapter 235 of the Village Code and to the satisfaction of the Village Arborist/Village Engineer. 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. The Chairman called for a vote. On a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The chairman called for the next item of business. 2. Review of an application submitted by Kip Konigsberg on behalf of K&M Realty Group, Ltd. for approval of a Steep Slopes Permit and a Wetlands Permit for property located on Bowman Ave, Rye Brook,NY, Parcel I.D. 141.26-1-1.1 • Considering a Resolution The Chairman called for a motion to open the public hearing, and on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll, and the Public Hearing was opened: MR. ACCURSO YES Page 5 of 39 Rye Brook Planning Board February 14,2013 MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Mr. Jim Ryan addressed the Board on behalf of the applicant. He gave an overview of the project, explaining that the site plan as approved would not be changed by the proposed site plan amendment. He stated that the work on steep slopes was all but completed. There were, in his opinion, only questions and concerns about the growth of volunteer plants and trees on the slopes. A site meeting was held with the Village Consultant and the Village Engineer, at which additional recommendations were made. Mr. Ryan stated that the applicant agreed to comply with the recommendations, and he asked the Board to move the matter forward with a condition of the approval that states removal of the volunteer growth is required. Mrs. Mohamed explained that she reviewed the growth on the site. Some of the growth is significantly large trees that may have already compromised the integrity of the rip rap slope stabilization. To examine the slope, the first step would be removal of the undesirable woody growth by hand so as to not damage the slope stabilization. Removal should be accomplished manually, without use of herbicides that may enter the pond. After the slope is examined for structural damage and any damage is repaired the plants specified in the landscape plans can be installed. Thereafter, the required monitoring and maintenance plan for the rip-rap slopes should ensure that the slopes remain covered by the appropriate plant species proposed. Mrs. Schoen asked who would determine if the correct types of shrubs are planted. Mrs. Mohamed responded that the Village Engineer, or she could make the determination. Mrs. Schoen asked who would be responsible for maintaining the slopes and plantings. Mrs. Mohamed responded it is the applicant's responsibility to monitor and maintain the slopes and plantings until the Home Owners Association (HOA) is in place, at which time the HOA would assume the responsibility for monitoring and maintenance. Mr. Grzan asked if the 2007 site plan approval for the property has expired, to which the answer was yes. Chairman Zuckerman asked Mrs. Gray if the questions raised in the discussion that evening were addressed in the resolution the Board was about to consider. Mrs. Gray responded in the affirmative. Mr. Accurso wanted the issue of monitoring maintenance by the HOA to be fully disclosed in the condominium offering plan, and asked how that would be accomplished. Mr. Ryan answered that he would provide the draft offering plan to Village Counsel for review, and Mrs. Gray added that the issue is addressed in the resolution as well. Mr. Accurso asked about the recourse the Village would have if the HOA does not fulfill its obligations.. Mrs. Gray responded that the Village could issue violations to the HOA that would be addressed in court. Page 6 of 39 Rye Brook Planning Board February 14,2013 Mr. Tartaglia wondered how the building permits for the work lapsed, if a substantial amount of work on the site was already done. Mr. Ryan explained that construction ceased when the permits lapsed. Mr. Tartaglia also had concerns about the poor condition the site was in and its proximity to the Middle School facility on Bowman Avenue. He asked that the applicant clean up the site. Mr. Ryan said clean up of the site would be part of the first phase of construction when it starts again. There being no comments or questions from the public, the Chairman called for a motion to close the public hearing. On a motion made by Mr. Grzan and seconded by Mrs. Schoen, Mr. Nowak called the roll and the Public Hearing was closed: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to summarize the resolution to be considered: RESOLUTION CONSIDERING APPLICATIONS BY K&M REALTY GROUP, LTD FOR WETLANDS AND STEEP SLOPES PERMITS FOR PROPERTY LOCATED ON BOWMAN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, K&M Realty Group, LTD ("K&M") submitted applications dated December 20, 2012 for approval of a Permit to Perform Regulated Activities in a Wetlands ("Wetland Permit") and a Steep Slopes Work Permit ("Steep Slopes Permit") to construct 18 dwelling units on property located on Bowman Avenue designated as Parcel ID 141.26-1-1 and Parcel ID 141.26-1-1.1 on the Town of Rye Tax Assessor's Map and located in the Cl Zoning District and the Bowman Avenue Scenic Road Overlay District; and WHEREAS, the ±-4.039-acre property, consisting of upland areas known as the "Peninsula" and the "Strip" and approximately 1.67 acres of open water is located on the south side of Bowman Avenue, approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District and the Page 7 of 39 Rye Brook Planning Board February 14,2013 Scenic Roads Overlay District, in the Village of Rye Brook, New York, shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps (the "Site" or"Property'); and WHEREAS, in addition to the plans and application materials reviewed by the Planning Board of the Village of Rye Brook in connection with the issuance of its Report and Recommendation to the Board of Trustees of the Village of Rye Brook concerning K&M's site plan application, the Planning Board also reviewed the following plans and application materials in connection with the pending applications for approval of a Wetland Permit and Steep Slopes Permit: 1. Site Plan Application 2. Site Plan Submittal Review Check List 3. Full Environmental Assessment Form(Part 1) revised 6/26/12 4. Wetlands Determination Report prepared by Evans Associates, Bethany, C.T. dated June 22, 2012 5. Letter to the Rye Brook Planning Board from John Meyer Consulting, Armonk, N.Y. dated December 20, 2012 6. Memorandum to the Village Administrator from Dolph Rotfeld, P.E. dated December 6, 2012 7. Slope Analysis Map prepared by John Meyer Consulting, Armonk, N.Y. dated December 18, 2012 S. Engineer's Site Plans prepared by John Meyer Consulting, Armonk, N.Y.: Sheet Number Sheet Title Dated M-1 Cover Sheet 4/7/06 rev. 7/12/12 M-2 Existing Conditions/Wetlands Delineation 4/7/06 rev. 9/27/12 M-2A Overall Site Plan 1/10/07 rev. 10/10/12 M-3 Layout Plan 4/7/06 rev. 9/27/12 M-3A Layout Plan (Strip) 5/30/07 rev. 3/7/12 M-4 Grading Plan 4/7/06 rev. 11/29/12 M-4A Grading Plan (Strip) 5/30/07 rev. 3/7/12 M-5 Utilities Plan 4/27/06 rev. 12/19/12 M-6 Sediment and Erosion Control/Water Quality Mitigation Plan 4/7/06 rev. 10/10/12 M-6A Sediment and Erosion Control/Water Quality Mitigation Plan (Strip) 5/30/07 rev. 3/7/12 M-7 Landscaping Plan 4/7/06 rev. 2/11/13 M-8 Site Details 4/7/06 rev. 3/7/12 M-9 Site Details 4/7/06 rev. 3/7/12 M-10 Site Details 4/7/06 rev. 3/7/12 M-11 Site Details 4/7/06 rev. 3/7/12 M-12 Site Details 12/6/06 rev. 3/7/12 Page 8 of 39 Rye Brook Planning Board February 14,2013 WHEREAS, Wetland Permit and Steep Slopes Permit approval was previously granted by the Planning Board on July 26, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act ("SEQRA") on December 16, 2006 following the preparation of a Draft Environmental Impact Statement and Final Environmental Impact Statement; and WHEREAS, on May 8, 2012 the Board of Trustees, pursuant to the SEQRA determined the proposed action (which includes K&M's Site Plan application, Wetland Permit application and Steep Slopes Permit application, as well as all other necessary approvals) to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review; and WHEREAS, on May 8, 2012 the Board of Trustees referred the Site Plan application to the Planning Board for report and recommendation; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village staff and Planning Board reviewed the information, submitted comments regarding the Site Plan applications, and made recommendations; and WHEREAS, on October 11, 2012 the Planning Board referred a report and recommendations to the Board of Trustees; and WHEREAS, following a duly noticed public hearing, on January 22, 2013 the Board of Trustees in accordance with Article 8 of the State Environmental Conservation Law and SEQRA, and upon review of the EAF and all other application materials that were prepared for this action, adopted a Negative Declaration and granted approval of an Amended Site Plan to increase the density from 10 dwelling units to 18 dwelling units; and WHEREAS, on February 7, 2013, a site visit was conducted at which time the Village Engineer/Superintendent of Public Works and the Village Planning Consultant walked the Site with the Applicant and the Applicant's consultant; and WHEREAS, on February 14, 2013, the Planning Board opened a public hearing on the applications for approval of a Wetland Permit and a Steep Slopes Permit, 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 February 14, 2013; and WHEREAS, the Planning Board has considered the wetland permit standards set forth at Village Code §245-8(A); 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. Page 9 of 39 Rye Brook Planning Board February 14,2013 NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby grants a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit to construct 18 dwelling units on the "Peninsula" and develop the "Strip" for use as a public park on property known and designated on the tax map of the Village of Rye Brook as Parcel ID 141.26-1-1 and Parcel ID 141.26-1-1.1, as depicted on the aforementioned plans, prepared by John Meyer Consulting, P.C., Armonk, New York, subject to the following conditions: 1. A copy of this resolution shall be attached to the building permit application and any and all certificates of occupancy. 2. Conditions of approval for the issuance of a Wetland Permit and Steep Slopes Permit for development on the Peninsula: a. Provision of a final storm water management plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or Village Engineering Consultant. b. Provision of a final erosion and sediment control plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or Village Engineering Consultant. Adherence to the approved erosion and sediment control plan, as well as all applicable requirements of the Village Code, NYS Department of Environmental Conservation and other applicable state and local agencies, shall be required at all times during construction. c. All plantings required in the plan titled Sheet M-7, Landscaping Plan, revised 2/11/13, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. The applicant shall provide a final, detailed monitoring and maintenance plan, including an integrated pest management plan, for all landscape, wetland buffer and steep slope plantings to the satisfaction of the Village Engineer/Superintendent of Public Works. The applicant and eventually the Homeowners Association or Condominium Board shall be required to implement and maintain an integrated pest management plan, inspect, maintain, repair and replace any and all landscape, wetland buffer plantings, and steep slopes plantings to comply with the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or Village consultants. d. Prior to the installation of new plants in the rip rap slope, all invasive woody vegetation, including the roots, shall be removed by hand grubbing. Any stones displaced during removal shall be reset. Herbicides shall not be used. After removal of all invasive woody vegetation and prior to the installation of new plants in the rip rap slopes, the rip rap slopes shall be inspected and approved by the Village Engineer/Superintendent of Public Works or his agent. e. The Project Landscape Architect and the Village Engineer/Superintendent of Public Works or his agent shall be present on site prior to installation of new Page 10 of 39 Rye Brook Planning Board February 14,2013 plants in the rip rap slope to determine final locations for plants, the final numbers of plants, and the appropriate sizes of plants to be installed based on the plant list and field conditions. Any changes to the species, size, and number of plants shall be approved by the Village Engineer/Superintendent of Public Works or his agent and shall be consistent with the design standard intended. After all rip rap plantings are installed the rip rap slopes and the plantings shall be inspected and approved by the Village Engineer/Superintendent of Public Works or his agent. f Provision of a final, detailed monitoring and maintenance plan for all storm water management facilities to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all storm water management structures and appurtenances in accordance with the approved plans to insure the proposed storm water management facilities function to the standards and objectives of the Village of Rye Brook storm water management ordinance and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. g. Provision of a final, detailed monitoring and maintenance plan for all steep slope rip-rap or other stabilization construction to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and be responsible for monitoring and maintaining the stability of steep slopes on the property to the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. h. The monitoring and maintenance of all facilities required by the conditions of this resolution that are to be the responsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan or homeowners association charter, subject to the approval of the Village Attorney. i. Provision of a final construction management plan for the entire site prior to granting of a building permit that includes specific times and routes for trucks carting material to and from the site, including potential truck routes, number of trucks, number of trips, dust and noise mitigation measures and coordination with the Middle School schedule for approval by the Village Engineer/Superintendent of Public Works, fire, and police services and any other consultants determined to be necessary by the Village Engineer/Superintendent of Public Works. Work shall be staged to minimize the number of trucks present at the site at any one time. j. Use of a turbidity curtain during construction, including work performed on the rip rap steep slopes, and/or any other method or methods determined to be Page 11 of 39 Rye Brook Planning Board February 14,2013 necessary by the Village Engineer/Superintendent of Public Works, consultants or other approving agencies, to prevent migration of silt into the water environment surrounding the site. k. After construction is completed, no activity of any type shall be permitted on rip- rap steep slopes, except for required maintenance. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board. 1. Construction of docks or any other structures extending into the watercourse or pond shall be prohibited. in. The Wetland Permit and Steep Slopes Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. n. The Applicant shall provide written notification to the Building Inspector and the Village Engineer/Superintendent of Public Works of the date on which the regulated activity is to begin on the Steep Slopes at least five business days in advance of such date. o. The Steep Slopes Permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. 3. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Advisory Council on Environmental Conservation, the Village Engineer/Superintendent of Public Works or their designated representatives. b. All permits issued under Chapter 245 of the Village Code shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5(B)(7) of the Village Code. Page 12 of 39 Rye Brook Planning Board February 14,2013 c. The permit holder shall provide written notification to the Village Engineer/Superintendent of Public Works of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The Wetland Permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. E The permit, including all conditions, shall be binding on all successors and assignees of the permit holder; 4. Conditions of approval for issuance of steep slopes work permit and wetland permit for development on the "Strip:" a. To mitigate disturbance and loss of buffer on the Strip plantings consisting of a mix of at least three species of native shrubs located in naturalistic groupings at the water edge and up to a total of 20 deciduous trees of no less than 4 inches caliper and mixed native species, and evergreen tree species of no less than seven feet in height located in naturalistic groupings shall be installed on the Strip. The number, locations, sizes and species of trees shall be to the satisfaction of the Village Engineer/Superintendent of Public Works and Village Planning Consultant(s). b. Provision of a final tree protection and preservation plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. BE IT FURTHER RESOLVED, that the Applicant shall comply with all conditions of the Board of Trustees' Amended Site Plan Approval Resolution dated January 22, 2013, the Board of Trustees' December 12, 2006 Findings Statement, and the Planning Board's 2007 Findings Statement, except as otherwise stated herein, and any required mitigation set forth herein. BE IT FURTHER RESOLVED, that no permits shall be issued and no further applications shall be considered by the Planning Board until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application, including all fees and professional review fees incurred in connection with the Applicant's Amended Site Plan application which received approval from the Board of Trustees on January 22, 2013. The Chairman asked for comments regarding the resolution. Mr. Accurso stated that he would like it put in the record that he is not in favor of the application because none of the 18 residential units would be fair and affordable units or work force housing units. Page 13 of 39 Rye Brook Planning Board February 14,2013 Mrs. Mohamed asked that Condition K be revised to state that after construction is completed no activity will be permitted on steep slopes except required monitoring and maintenance. The resolution was revised. The Chairman called for a vote. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO NO MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The chairman called for the next item of business. CONTINUED BUSINESS 3. Review of an application submitted 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 • Consideration of a Report and Recommendation Chairman Zuckerman gave a quick overview of the project and advised the Board that the applicant received all of the requested variances from the Zoning Board of Appeals. The Chairman asked Mrs. Gray to read the draft Report and Recommendations to be considered: PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SPECIAL PERMIT AND SITE PLAN FOR 66 BOWMAN AVENUE REALTY CORP. AT PROPERTY LOCATED AT 66 BOWMAN AVENUE I. PROJECT OVERVIEW On November 22, 2011, the Village of Rye Brook Board of Trustees ("BOT") referred an application for approval of an Amended Special Permit and Site Plan to the Village of Rye Brook Zoning Board of Appeals ("ZBA") for a review of the requested variances, and to the Page 14 of 39 Rye Brook Planning Board February 14,2013 Village of Rye Brook Planning Board ("Planning Board") for consideration of a Report and Recommendation, upon the condition that the ZBA act on the variances prior to the Planning Board's consideration of a Report and Recommendation. The ZBA was required to determine the variances prior to the Planning Board's Report and Recommendation due to the Applicant's request for a use variance. (See, Village Code §§179-12(B) and 250-13(G)(5)(c)). The Board of Trustees is the approval authority for this application pursuant to Sections 209-1(A)(1) and 250- 6(H)(1)(c) of the Village Code. The application was made by property owner, 66 Bowman Avenue Realty Corp. ("Applicant") to modify an existing Special Permit to increase the number of employees operating from the site from seven (7) to seventeen (17); install new site features including a fenced area of lawn and new plantings in the side yard, retaining wall, perimeter fencing, additional paved area for parking, night lighting, and landscape plantings; and legalize existing site features including four (4) additional parking spaces for a total of twelve (12) spaces, patio and water feature in the rear yard south of the parking area, retaining wall located partially on the adjacent property to the west according to the survey provided, and removal of screen plantings to the north of the parking lot, on property located at 66 Bowman Avenue and designated as Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Map ("Property"). The Property is located in the R-2F Zoning District. II. PROCEDURAL HISTORY Since the BOT's referral of the application to the ZBA and the Planning Board, several variances have been eliminated from the application through plan revisions and additional information submitted to the Building Inspector, including information regarding the Page 15 of 39 Rye Brook Planning Board February 14,2013 qualifications of the employees operating from the premises. As a result, the Building Inspector determined only one (1) professional person is operating from the premises and the remainder of the individuals are non-professional employees and therefore, a use variance is no longer required. On March 6, 2012, the ZBA exercised its authority pursuant to Section 250-13(G)(5)(a) of the Village Code to refer the application to the Planning Board to seek input with respect to planning considerations relevant to the Applicant's request for variances from the maximum impervious surface coverage limitation and the minimum off-street parking space requirement. On December 13, 2012, the Planning Board referred the application back to the ZBA by resolution setting forth the following planning considerations: 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 stormwater management Page 16 of 39 Rye Brook Planning Board February 14,2013 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. On January 15, 2013, the ZBA granted the requested total impervious surface coverage variance of 2,009.32 square feet and off-street parking variance for 12 parking spaces. Thereafter, the Applicant returned to the Planning Board for consideration of a Report and Recommendation before returning to the BOT for a public hearing and decision on the application. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its April 12, 2012, July 12, 2012, August 9, 2012, September 13, 2012, December 13, 2012 and February 14, 2013 meetings. Based on a review of the application and information provided by the Applicant and Village Staff, the Village's Planning Consultant, F.P. Clark Associates, provided Planning Memoranda to the Planning Board dated April 5, 2012, July 9, 2012, August 2, 2012 and January 31, 2013. The Village's Engineering Consultant, Dolph Rotfeld Engineering, PC (DRE) provided Memoranda dated July 11, 2012, August 3, 2012 and December 11, 2012. The Village Engineer/Superintendent of Public Works provided a Memorandum regarding Construction Management, Stormwater and Soil Sediment Erosion Control dated April 12, 2012. Page 17 of 39 Rye Brook Planning Board February 14,2013 At the Planning Board's April 12, 2012 meeting, the Planning Board discussed issues such as screening; operation of the business including deliveries, hours of operation, commuting patterns, trash pick-up and visitor access; parking; and stormwater. The Applicant noted that the 2,785 square foot building has not undergone any expansions since its purchase by the Applicant. The Applicant stated that its risk management business operates with eight (8) employees on the first floor and nine (9) employees on the second floor. It was also noted that the working hours of the employees are generally staggered. According to the Applicant, its business also has different hours than the business operating out of the adjacent building which shares a driveway with the Applicant's business. Also, the Applicant noted that trucks delivering office supplies and water typically park on the street and wheel the goods up the driveway. The Planning Board requested the Applicant perform a parking study to determine whether twelve (12) parking spaces are sufficient to meet the demand of the Applicant's business. 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 Page 18 of 39 Rye Brook Planning Board February 14,2013 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. The Property was formerly a one-family dwelling therefore, the premises may be occupied by no more than two (2) professional persons. Based on information submitted by the Applicant, the Building Inspector has determined that one (1) professional person is operating from the premises and the remaining individuals are non-professional employees. The Special Permit issued April 28, 1998 to the Applicant by the Board of Trustees authorizes the Property to be used as a risk management business pursuant to Section 250-25(C)(3) of the Zoning Code upon the following conditions: 1. This special permit is for a risk management business only. Any change of use to a different professional use, in whole Page 19 of 39 Rye Brook Planning Board February 14,2013 or in part, shall require an amendment to this special permit. 2. The maximum number of persons who may be employed in the risk management business at this location shall be 7 persons. 3. In accordance with the Village of Rye Brook Code, Section 212-4, the applicant will have 7 years from the effective date of the Sprinkler Law to install an approved fire sprinkler system. It is the consensus of the Planning Board that based upon its review of information submitted by the Applicant and consideration of comments from Village Staff and Consultants, the proposed use of the Property as offices for one professional person and 16 employees for a total of 17 persons employed by the risk management business, will be in harmony with the appropriate and orderly development of this portion of Bowman Avenue which is a mixed commercial and residential area. B. Traffic and Parking The Planning Board received the results of a parking study performed by Tim Miller Associates, Inc. dated April 30, 2012. FP Clark provided the following comments in its July 9, 2012 Memorandum regarding Traffic and Parking: 2. Traffic and Parking. The Applicant retained Tim Miller Associates, Inc. to prepare and submit a Traffic and Parking Report, which is dated April 30, 2012. This report responds to comments included in the Memorandum from Clark Associates, dated April 5, 2012. The Applicant performed a Parking Demand Study, which was conducted from 7:00 A.M. to 6:00 P.M., Monday through Thursday in April 2012. Based on the results of the parking count the Applicant identified the number of parking spaces needed on an hourly basis. The Study indicates that the maximum number of Page 20 of 39 Rye Brook Planning Board February 14,2013 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. In addition to the Parking Demand Study for 66 Bowman Avenue, the Applicant conducted a similar Study for 62 Bowman Avenue, which is the adjacent commercial use that shares the driveway to Bowman Avenue. Based on the results of the traffic count at the driveway, which was completed between 7:30 and 8:30 A.M. and 2:30 and 3:30 P.M., a maximum of six vehicles (two-way) used this shared driveway to access Bowman Avenue. The Applicant should indicate the driveway count between 3:30 and 5:30 P.M. as well to provide all the information available. However, we do not expect that these counts will alter our conclusions regarding traffic. The Village requested that the Applicant provide information regarding the number of vehicles turning left onto Bowman Avenue from the site driveway; however, the Applicant has not provided this information. Based on the information provided by the Applicant the driveway activity is very low and the number of vehicles turning right or left into or out of the subject property driveway would likely not result in any significant impacts. The Applicant noted that there is student/pedestrian activity along Bowman Avenue. In our opinion the level of site traffic generation for both 62 and 66 Bowman Avenue is insignificant and likely has minimal, if any, impact to pedestrian activity along Bowman Avenue or to vehicular activity at the access drive. Based on the results of the analysis provided by the Applicant it is our opinion that the 12 spaces provided by the Applicant will be more than adequate to accommodate typical daily use of the building. In addition, the Planning Board heard comments from the owner of the property located on Barber Place, immediately to the west of the Applicant's parking area. The neighboring property owner was primarily concerned about stormwater impacts, but did comment that he has Page 21 of 39 Rye Brook Planning Board February 14,2013 no complaints regarding the existing parking area and would not want to see the parking area expanded to accommodate the required twenty-four (24) off-street parking 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. Furthermore, the Applicant has obtained a variance from the ZBA to permit twelve (12) off-street parking spaces where twenty- four (24) are required by Village Code. C. Stormwater The Applicant is seeking to exceed the maximum permitted impervious surface coverage (6,021 s.f) by 2,009.32 s.f for a total of 8,030.32 s.f. of impervious surface coverage. As noted above, the property owner immediately to the west of the Applicant's parking area has raised concerns over the volume of stormwater that flows off the Applicant's property onto his property. It is the Planning Board's understanding that the Applicant's engineering consultants have met with the Village Engineer/Superintendent of Public Works and the Village's Consulting Engineer, DRE, to review plans for stormwater management on the Property. After the performance of percolation tests, it was discovered that there is no absorption capability for this property. DBE's December 11, 2012 Memorandum provides: Please be advised that the latest information we have related to stormwater drainage is that soil tests indicate there is no absorption capability to handle run-off. In addition, from its own impervious area this property now receives drainage from the property to the east and potential Page 22 of 39 Rye Brook Planning Board February 14,2013 overflow from two catch basins at the end of Osborn Place that don't have any outlet. In order to solve the problem, a study should be undertaken to assess the installation of a drainage system starting at Osborn Place, including the two properties on Bowman Avenue. Then assess the installation of a drainage system starting at Osborn Place, including the two properties on Bowman Avenue. Then assess the possibility of connecting to either the storm drain on Bowman Avenue or going through one of the properties on Barber Place and connect to the storm drain in that street. A benefit district formed by the Village would undertake the study, plan and construct such a system. As stated in the Planning Board's input to the ZBA, 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. However, the Planning Board recommends that the BOT explore the possibility of establishing a Drainage District in this area. D. Other Site Plan Issues At the request of the Planning Board and as recommended by the Village's Planning Consultant, the Applicant's Landscape Plan(Sheet SP) was revised to replace certain species and provide accurate information in the Plant List. The Lighting Plan was also sufficiently revised to reduce the light levels at all points along common property lines with residential lots to the west of the subject lot to 0.5 foot candles or less. III. PLANNING BOARD RECOMMENDATIONS Page 23 of 39 Rye Brook Planning Board February 14,2013 After discussion and consideration of the comments set forth in the memoranda from F.P Clark and DRE, the Planning Board recommends approval of the Amended Special Permit and Site Plan, upon the following conditions: 1. The Special Permit is for a risk management business only. Any change of use to a different professional use, in whole or in part, shall require an amendment to this Special Permit. 2. The maximum number of persons who may be employed in the risk management business at this location shall be 17 persons. In addition, the Planning Board recommends that the BOT explore the possibility of establishing a Drainage District in this area of Bowman Avenue in accordance with DBE's December 11, 2012 memorandum. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the Amended Special Permit and Site Plan application, upon the conditions set forth above. Dated: Rye Brook,New York February 14, 2013 The Board discussed the draft report and recommendations. Mr. Nowak added that the applicant installed a number of dry wells at the site to help retain some of the stormwater running off the site. The Chairman called for a vote on the draft report and recommendations, and on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll and the report and recommendations was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES Page 24 of 39 Rye Brook Planning Board February 14,2013 MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to read the resolution to submit the report and recommendations to the Board of Trustees. RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SPECIAL PERMIT AND SITE PLAN FOR 66 BOWMAN AVENUE REALTY CORP. AT PROPERTY LOCATED AT 66 BOWMAN 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 application for approval of an amended special permit and site plan for 66 Bowman Avenue Realty Corp. and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. The Chairman called for a vote on the resolution, and on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll and the resolution to submit the report and recommendations to the Board of Trustees was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman called for the next item in the order of business. 4. Consideration of a referral from the Village Board of Trustees of a proposed local law establishing Planned Unit Development ("PUD") regulations for the Arbors PUD • Consideration of a Report and Recommendation Chairman Zuckerman asked Mrs. Gray to summarize the local law and what it would accomplish. She explained that the new and amended regulations would only apply to the Arbors PUD and would reduce some of the redundancy of regulations and the burden of regulations meant for single family homes Page 25 of 39 Rye Brook Planning Board February 14,2013 on the residents of the Arbors. Chairman Zuckerman pointed out that the revised regulations are intended to streamline the review process for homeowners that want to make changes to their properties. Mrs. Gray explained the specifics of the proposed code amendments. Section 5(b) of the local law sets forth the circumstances when the PUD site plan would have to be amended, such as adding or removing parking spaces, or modifying the roadways in the PUD, and modifying the footpath from Meadowlark Road to the school. The revisions add site plan review of the individual lots where the changes would be made, instead of amending the overall Arbors subdivision plan. Chairman Zuckerman added that according to the current code regulations, if a change to an individual lot is proposed, the applicant is required to amend the PUD subdivision plan. The last issue addressed by the code revisions was permanent standby back-up generators. The task force looking at potential code revisions recommended that permanent generators should be allowed in the Arbors as they are in the rest of the Village, but with site plan review. Mr. Tartaglia stated his belief that permanent stand-by back-up generators should not be allowed in the Arbors because, in his opinion, the very small lot sizes in the Arbors make it almost impossible to find space to locate a generator. Mr. Grzan agreed with Mr. Tartaglia, and believed that the Planning Board should not recommend over regulation. Mrs. Schoen and Mr. Accurso also agreed with Mr. Tartaglia, stating that allowing generators in the Arbors would create noise and visual impacts in such a dense area. Chairman Zuckerman also agreed with Mr. Tartaglia. He noted, if an Arbors resident would like a permanent stand by generator, the resident can petition the Zoning Board of Appeals for a variance to install one, as is the case now. The Board unanimously agreed that the Village Code should not be amended to allow permanent stand by generators in the Arbors. In order to move the report and recommendations forward to the Trustees, Mrs. Gray suggested that the Chairman and Counsel finalize the report and recommendations as the Board directed, and noted that the suggested course of action was addressed in the resolution to submit the report to the Trustees. The Chairman asked Mrs. Gray read the draft Report and Recommendations: PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE PROPOSED Page 26 of 39 Rye Brook Planning Board February 14,2013 LOCAL LAW REGARDING AMENDMENTS TO CHAPTERS 209 AND 250 I. LOCAL LAW OVERVIEW The Village of Rye Brook Board of Trustees ("BOT") referred to the Village of Rye Brook Planning Board ("Planning Board") for their consideration a proposed amendment to Chapters 209 and 250 of the Code of the Village of Rye Brook establishing a set of requirements applicable within the Arbors Planned Unit Development ("Arbors PUD"), as set forth on the attached local laws. The proposed local laws are the product of considerable review and discussion by the Arbors PUD Task Force established by the Mayor for the purpose of developing a set of PUD regulations applicable within the Arbors residential development. The purpose is to take the particular characteristics of the Arbors PUD into consideration and streamline review procedures so that strict application of certain provisions of the Village Code to the Arbors PUD pertaining to site plan review, stormwater management and Architectural Review Board ("ARB") review are not unduly burdensome for individual homeowners. H. DISCUSSION The Planning Board reviewed and discussed the proposed amendments at its December 13, 2012, January 3, 2013 and February 14, 2013 meetings. Preliminarily, the Planning Board notes that the Village Board should consider similar legislation for the other PUDs within the Village. The Planning Board recognized that the proposed local law would amend provisions pertaining to site plan review, stormwater management and review by the Architectural Review Board ("ARB") to streamline the process for individual homeowners within the Arbors PUD. It was also noted that while PUD development standards are typically provided through local code Page 27 of 39 Rye Brook Planning Board February 14,2013 amendments or the PUD's approval resolution, when the Arbors PUD was approved by the Town of Rye in the 1970's no such standards were provided. It is the Planning Board's understanding that under the current procedure individual homeowners would be burdened with amending the PUD site plan as a whole when they propose work on their property which triggers site plan review. Similarly, individual homeowners who propose a land disturbance of 400 square feet or more would be required to develop a stormwater management plan, regardless of the fact that their property may be tributary to the Arbors stormwater detention basin; and all individual homeowners within the Arbors PUD are currently subject to Village ARB review, regardless of the fact that the Arbors also has its own architectural review board. The consensus of the Planning Board is that the proposed local law effectively streamlines the site plan, stormwater management and ARB review procedures to eliminate duplicative or unnecessary requirements based on the unique characteristics of the Arbors PUD, such as high density, zero lot lines, individual ownership of lots within the PUD, and the existence of a stormwater detention basin to handle drainage for a majority of the residential development. In particular, the ability of individual homeowners to receive site plan approval from the Planning Board (rather than the BOT, which would involve a two-tiered review process due to the necessity for a report and recommendation from the Planning Board) and permitting such approval to be limited to their individual lot (rather than the PUD as a whole) will greatly streamline the review process for such homeowners. However, the Planning Board questions the need for subjecting the placement of a permanent standby backup generator to site plan review by the Planning Board. Currently, the placement of a permanent standby backup generator on residential property, including single- or Page 28 of 39 Rye Brook Planning Board February 14,2013 two-family uses in a planned unit development, is subject to the issuance of a permit by the Building Department pursuant to the standards set forth in Village Code §250-4.1. If the proposed generator does not meet one or more of the standards, the homeowner may seek a variance from the Zoning Board of Appeals. Upon review of the standards in Section 250-4.1, it seems there are at most three (3) provisions for which compliance may be difficult or impossible for properties within the Arbors PUD: (i) §250-4.1(B)(2)—"generators must be placed in the rear or side yard of any residential property"; (ii) §250-4.1(B)(3) — "generators must be placed in the area between the house and the minimum setback requirements in the zone in which the residential property is located. When siting the generator, the property owner must locate it closer to his or her house than the nearest point of the house of any adjacent neighbor(s)"; and (ii) §250-4.1(B)(9)—"generator sound levels shall not exceed 75 dba as measured under full load at 23 feet (seven meters)per manufacturer's specifications." The Planning Board does not agree that the current procedure, whereby an individual homeowner could seek a variance from such provisions if compliance is not possible, should be modified. When a variance is necessary for the placement of a generator the Zoning Board of Appeals reviews the impacts, if any, caused by noncompliance with the particular standard and makes a reasoned determination of whether the detriment to the neighborhood outweighs the benefit sought by the applicant in placing a permanent generator on their property. The Planning Board does not see the need for this review to be converted to a site plan review process, rather than a variance review process. In fact, converting the process to Site Plan Review will make it more onerous for the homeowner than is the current procedure, which the Planning Board views as contrary to the general intent of the proposed modifications and the purpose of the Task Force. Page 29 of 39 Rye Brook Planning Board February 14,2013 III. RECOMMENDATION Based on the Planning Board's discussions at its December 13, 2012, January 3, 2013 and February 14, 2013 meetings, it is recommended that the BOT approve all of the proposed amendments to Chapter 250 of the Village Code, except that the following sections should be modified as follows (added text shown as underline, omitted text shown as s*,.;keth,.,.ug ): MODIFICATION NO. 1 (5) Arbors Planned Unit Development. The following regulations shall apply within the Arbors residential development. (a) Building permit and certificate of occupancy required. No building or structure shall be erected, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector pursuant to the provisions of Section 250-9 of this Chapter. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the Building Inspector pursuant to the provisions of Section 250-10 of this Chapter. All provisions of Chapter 91 and Article V of this Chapter shall apply. MODIFICATION NO. 2 (e) Architectural review board approval required. Except where windows are being replaced in-kind where the window opening is not modified or otherwise changed, review and approval by the Village of Rye Brook Architectural Review Board pursuant to the provisions of Chapter 8 of the Village Code is required for every application for a permit for the construction, reconstruction or alteration of, or addition to, the exterior of any building, accessory building, structure or sign, where such work is proposed within the side or rear yard of any of the properties located along the perimeter of the Arbors PUD near Hillandale Road artd or Meadowlark Road, as identified in the Table of The Arbors Units Requiring Architectural Review included at the end of this Chapter. MODIFICATION NO. 3 dby be subjeet to Site Plan feview and appfoval by the Village of Rye BfE)E)k Plaflfliflg Beafd pufsttant to rpt,apte,.209 Page 30 of 39 Rye Brook Planning Board February 14,2013 In addition, for the reasons set forth above, it is not recommended that the BOT approve the proposed amendment to Chapter 209. Dated: Rye Brook,New York February 14, 2013 The Chairman called for a vote on the draft report and recommendations. On a motion made by Mrs. Schoen and seconded by Mr. Accurso, Mr. Nowak called the roll, and the Report and Recommendations was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to read the resolution to submit the report and recommendations to the Board of Trustees. RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE PROPOSED LOCAL LAW AMENDING CHAPTERS 209 AND 250 OF THE VILLAGE CODE 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 proposed local law amending Chapters 209 and 250 of the Village Code and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. BE IT FURTHER RESOLVED, that the Planning Board Chairman is hereby authorized to finalize the attached Report and Recommendation in consultation with Village Counsel to accurately reflect the Planning Board's discussions at its February 14, 2013 meeting, prior to such Report and Recommendation being forwarded to the Board of Trustees and Village Administrator. Page 31 of 39 Rye Brook Planning Board February 14,2013 The Chairman called for a vote on the resolution, and on a motion made by Mr. Tartaglia and seconded by Mrs. Schoen, Mr. Nowak called the roll and the resolution was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman called for the next item on the agenda. NEW BUSINESS 5. Consideration of a referral from the Village Board of Trustees of an application by SoulCycle, Luba Senatorova, for approval of an amended site plan for the Rye Ridge Shopping Center, Rye Brook,NY, Parcel I.D. 141.27-1-6 • Consideration of a Report and Recommendation Jim Ryan, representing SoulCycle and Win Ridge Realty, addressed the Board, stating that the application is for a change of use. The former use in the space was the Ridge Squire Tuxedo Shop. The tuxedo store required 12 parking spaces. The SoulCycle use would require 16 parking spaces. The traffic and parking demand study provided by the Applicant shows that the peak hours for SoulCycle class attendance occur at 9:30 am and 6:30 pm on weekdays, which, Mr. Ryan stated does not coincide with the peak hours of traffic and parking demand in the Rye Ridge Shopping Center. Mrs. Mohamed stated that her office received the Applicant's traffic and parking study too late to complete a review of the study and provide comments the Board. She went on to say that Mr. Galante, the FPCA traffic engineer, made a preliminary review of the study, but it will take more time to review the data and analysis in the report. Mrs. Schoen stated her opinion regarding the hours of peak traffic and parking demand in the shopping center, and her concerns regarding increased traffic and parking demand that could be generated by SoulCycle. Mr. Accurso stated that he did not want to send the application back to the Board of Trustees if the Planning Board did not have enough information to complete its review. Page 32 of 39 Rye Brook Planning Board February 14,2013 Mr. Tartaglia said he wasn't sure how a facility like SoulCycle is run. In his opinion, such a facility may raise more traffic than parking issues. He was also concerned that the mix of uses in the shopping center is changing. He noted that in recent years there less retail uses in the center and more restaurant and food uses that generate more traffic and higher parking demand than retail uses. He believes while there may be a significant increase in parking demand, he is also concerned about the traffic at the Bowman Avenue/Ridge Street intersection. Mr. Grzan stated that he did not believe the exercise studio would have a significant impact to traffic or parking demand in the shopping center. Mr. Ryan discussed the additional mechanical equipment that would be installed on the roof of the building for SoulCycle for ventilation and cooling. He noted that there is existing mechanical equipment on the roof. The new equipment would generate less noise than the existing equipment and it would comply with current code requirements. Mr. Nowak agreed, stating the new equipment should be quieter than what is allowed for backup standby generators in the Village Code. However, information regarding expected noise levels for the new equipment was not provided. Mrs. Mohamed added that the new use may cause potential noise and visual impacts from mechanical equipment and the proposed illuminated sign to nearby residential properties that should be reviewed. The new SoulCycle facility would be located near 3 single family homes located on Westview Avenue. Mr. Ryan and Mr. Greg Samson of WinRidge Shopping Center stated that there are many illuminated signs in the shopping center and they conform to the requirements of the Village Code as will the new signs. They pointed out that the rear yards of the homes are screened by fencing and evergreens, so there should not be significant impacts to the homes. Chairman Zuckerman stated his concerns regarding the noise levels of music played during a spin class. Mr. Alan Cooke of SoulCycle answered that the exercise studio is located at the rear of the space to reduce potential noise issues and the room uses for the classes would be sound-proofed. There being no more comments or discussion by the Board, the Chairman asked Mrs. Gray to read the draft Report and Recommendations: Page 33 of 39 Rye Brook Planning Board February 14,2013 PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR RYE RIDGE SHOPPING CENTER(SOUL CYCLE) IV. PROJECT OVERVIEW On January 22, 2013, the Village of Rye Brook Board of Trustees ("BOT") referred an application for an Amended Site Plan to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by Soul Cycle c/o Luba Senatorova ("Applicant") on behalf of the owner, Win Ridge Shopping Center— DE, LLC, for an amendment of the site plan for the Rye Ridge Shopping Center, located at the intersection of South Ridge Street and Bowman Avenue, to replace a former retail use (Ridge Squire Tuxedo) with a new spinning studio (Soul Cycle). The Rye Ridge Shopping Center is located in the C1-P (Planned Neighborhood Retail) Zoning District. The application is currently before the BOT pursuant to §209 of the Village Code which requires site plan approval for an amendment of a previously approved site plan on a non- residential property which involves a change in an existing use that affects characteristics of the site in terms of traffic, access, parking and other similar planning considerations. The Applicant is proposing to renovate the interior of an existing retail space consisting of approximately 2,331 s.f to accommodate a new spinning studio. Exterior modifications proposed by the Applicant include installation of a bike rack for storage of 4 bicycles on the sidewalk at the south elevation of the existing building; a new store-front entrance door; and air-cooled condensers that are part of a new HVAC system on the roof of the building. Page 34 of 39 Rye Brook Planning Board February 14,2013 V. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its February 14, 2013 meeting. F.P. Clark Associates, the Village's Planner provided a Memorandum to the Planning Board, dated February 8, 2013, based on a review of the application and information provided by the Applicant. A. F.P. Clark made the following planning comments: 1. Parking and Traffic. A parking utilization study was submitted by the Applicant on February 4, 2013. Our traffic department is reviewing the study and will provide traffic and parking comments by separate memorandum when the initial review is completed. We note that the proposed site plan includes installation of a four- space bicycle rack outside and adjacent to the facility, indicating that the facility operator expects some patrons to utilize bicycles, an alternate mode of transportation, to travel to the facility. 2. Exterior Renovations. The plans provided show that certain exterior renovations of the subject property would be performed. A new store front entrance door would be installed, and air-cooled condensers that are part of a new HVAC system would be installed on the roof of the building. A bicycle rack would be located outside and adjacent to the front of the space. The Applicant should provide information regarding the potential for noise from the new roof—mounted equipment to impact residential properties in the vicinity of the new spin studio, and if the new equipment would have the potential to create visual impacts to these residences or the Bowman Avenue Scenic Road. 3. Interior Renovations. The plans provided indicate that the new facility would include a retail area. The applicant should provide more information regarding the items that would be available for purchase including whether or not the item would include food and beverages that may affect the amount of solid waste generated by the new exercise facility. The increase in the number of uses in the Page 35 of 39 Rye Brook Planning Board February 14,2013 shopping center that generate substantial amounts of solid waste has, in the past, raised concern regarding solid waste handling and concern that the on-site facilities for solid waste have sufficient capacity to handle all the solid waste generated. 4. Signage. The plans provided do not indicate the type or location of signage that would be installed for the spin studio. The Applicant should provide information regarding building — mounted and/or other signage that may be proposed for the new facility. 5. Impacts to the Bowman Avenue Scenic Road Overlay District. The additional information requested by Comments 2 and 4 will required to determine if the new facility would create visual impacts to the Bowman Avenue Scenic Road. With respect to parking, the Planning Board notes that the Rye Ridge Shopping Center— where the Soul Cycle spin studio is proposed—utilizes shared parking and therefore, pursuant to Village Code §250-6(G)(1)(c)(21) the approval authority "may approve the joint use of parking spaces by two or more establishments on the same or contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided the Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided that said approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments." To provide the data necessary to make such determination, the applicant has submitted a Parking Utilization Study, dated February 4, 2013, along with supplemental information following a manual parking occupancy count on February 13, 2013. The information is under review by the Village's Planning Consultant. Upon completion of this review, the Village's Planning Consultant will provide comments regarding parking, as well as traffic generation. Page 36 of 39 Rye Brook Planning Board February 14,2013 With respect to exterior modifications, the Planning Board discussed whether the proposed roof-mounted HVAC equipment would create visual impacts from the Bowman Avenue Scenic Road or the nearby residences on Westview Avenue or Roanoke Avenue. The Planning Board also discussed whether the proposed equipment will create noise impacts for such residences. Based on information provided by the Applicant regarding the nature of the HVAC unit and noise levels, along with comments from Village Staff and Consultants, the consensus of the Planning Board is that the HVAC equipment will not create an adverse visual impact and will not create an adverse noise impact for which mitigation would be necessary. The Planning Board further discussed what signage, if any, is proposed for the use. Although a Sign Permit Application has not been submitted by the Applicant, the Applicant provided conceptual signage plans which consist primarily of a backlit wall mounted fagade sign and a wall mounted vertical blade sign. Based on review of the plans provided by the Applicant, along with comments from Village Staff and Consultants, the consensus of the Planning Board is that the signage is appropriate. With respect to other exterior modifications such as the proposed new store-front entrance and the bicycle rack, the consensus of the Planning Board is that they will not create any adverse impacts for which mitigation would be necessary. Lastly, the Planning Board inquired of the Applicant how solid waste would be handled at the facility and whether any food items would be sold. According to the Applicant, the use will not consist of the sale of food, but water bottles will be sold. The consensus of the Planning Board is that the proposed use will not significantly contribute to the solid waste generated by the shopping center. Page 37 of 39 Rye Brook Planning Board February 14,2013 VI. PLANNING BOARD RECOMMENDATIONS The Planning Board recommends the Board of Trustees grant approval of the Amended Site Plan provided that the Applicant sufficiently addresses any comments raised by the Village Planning Consultant in its forthcoming memorandum following review of the Parking Utilization Study; however, the information submitted by the Applicant suggests that there is no adverse impact regarding parking. VII. CONCLUSION In conclusion, the Planning Board recommends the BOT grant the site plan modification provided the Applicant satisfactorily addresses the recommendations set forth in this report. Dated: Rye Brook,New York February 14, 2013 After the draft report and recommendations was read, there was additional discussion and revisions to the draft report suggested by the Board and Village staff and the consultant. Chairman Zuckerman asked Mrs. Gray to make the suggested revisions to the report and called for a vote on the revised report and recommendations to the Board of Trustees. On a motion made by Mr. Grzan and seconded by Mrs. Schoen, Mr. Nowak called the roll and the revised Report and Recommendations was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to read the resolution to submit the approved report and recommendations to the Board of Trustees: February 14, 2012 _APPROVED 5-0 Page 38 of 39 Rye Brook Planning Board February 14,2013 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR RYE RIDGE SHOPPING CENTER(SOUL CYCLE) 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 application for approval of an Amended Site Plan for the Rye Ridge Shopping Center (Soul Cycle) and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. The Chairman called for a vote on the resolution, and on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES On a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, the meeting was adjourned at 10:47 pm by unanimous voice vote. Page 39 of 39 Rye Brook Planning Board February 14,2013