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HomeMy WebLinkAbout2013-05-09 - Planning Board Meeting Minutes Approved: 11/14/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9, 2013 - 8:30 p.m. ROLL CALL MINUTES PUBLIC HEARING NEW BUSINESS 1. Consideration of a Site Plan Application by Phyllis Fratarcangelli to construct a fence at 147 North Ridge Street, Rye Brook, NY, Parcel I.D. 135.51-1-79 • Considering a resolution to schedule a Public Hearing 2. Consideration of a referral from the Village Board of Trustees for a Site Plan Amendment by Rye King Associates to construct 3 new flagpoles, new site signage and site lighting upgrades at 900 King Street, Rye Brook, NY, Parcel I.D. 129.68-1-13 • Consideration of a Report and Recommendation 3. Consideration of a referral from the Village Board of Trustees for a Site Plan Amendment by Toll Land V Limited Partnership (Kingswood) to construct 2 model homes at Anderson Hill Road and King Street, Rye Brook, NY, Parcel I.D. 129.35-1-14 through 129.35-1-14.31 • Consideration of a Report and Recommendation VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr.John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED l\/Ir. Dan Tartaglia STAFF 1\/Trs.Jennifer Gray, Village Counsel 1\/Tr. Edward Beane, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak,Jr. 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 of Procedure can be found on the Village website, where the public can also view the Planning Board meetings on streaming video. NEW BUSINESS 1. Consideration of a Site Plan Application by Phyllis Fratarcangelli to construct a fence at 147 North Ridge Street, Rye Brook, NY, Parcel I.D. 135.51-1-79 2 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. • Considering a resolution to schedule a Public Hearing Michael Boender, Architect for the applicant, addressed the Board and gave a brief overview of the project. The Applicant proposed to install fences along almost the entire lengths of the north and south property lines at a height of 6 feet, which would require a variance from the Zoning Board of Appeals because the heights of the fences are greater than four feet within the front yard. Applicant believes the fence will enhance the aesthetics of her property and provide screening of the neighbor's pool at the same time. The fences require site plan approval because the property is in the Scenic Roads Overlay District. Mrs. Fratarcangelli addressed the Board and spoke mostly about wanting more privacy especially during the summer months when the pool next door is in use. Mrs. Timpone-Mohamed stated that she reviewed the application, and she believes that fences taller than four feet in the front yard would be out of character in a neighborhood where most front yards do not have side lot line fences. She recommended that if the Applicant were to reduce the height of the fences to four feet in the front yard or use landscape plantings for privacy in the front yard, it would eliminate the need for a variance. Mrs. Schoen suggested installing six-foot fences in the side and rear yards and shrubs in the front yard instead of fences. Mr. Grzan believed the owner has a right to install fencing in the front yard, but he does not believe a 6-foot high fence is appropriate in the neighborhood. Mr. Accurso agreed, noting that the Village Code limits the height of a fence within any front yard to four feet. Mrs. Gray added that according to the Village Code, the criteria for review in the SROD are that the fence must be architecturally compatible with surrounding structures, and the important scenic and natural features of the site must be preserved. 3 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. Chairman Zuckerman agreed with his fellow Board members. While fences would be acceptable in the side and rear yards, he preferred a natural plant barrier in the front yard, which is more in keeping with the look of surrounding properties. The Chairman asked Mrs. Timpone-Mohamed to read the resolution setting the Public Hearing: RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 147 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Phyllis Fratarcangeli submitted an application on behalf of the property owner, Aldo Vitagliano, Esq., as Trustee of the Phyllis Fratarcangeli Irrevocable Income Only Trust, for approval of a site plan to construct two side lot line perimeter fences at an existing home located at 147 North Ridge Street, in the R- 10 zoning district, designated as Section 135.51, Block 1, Lot 79 on the Town of Rye Tax Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on June 13, 2013 at 8:00 p.m., at Village 4 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. 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. Goodman, Mr. Nowak called the roll, and the resolution was approved:: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES 2. Consideration of a referral from the Village Board of Trustees for a Site Plan Amendment by Rye King Associates to construct 3 new flagpoles, new site signage and site lighting upgrades at 900 King Street, Rye Brook NY, Parcel I.D. 129.68-1-13 • Consideration of a Report and Recommendations 5 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. The Chairman noted that the application requires review by the Zoning Board of Appeals as the current plan requires a number of variances. Rick Parisi, for the Applicant addressed the Board and gave an overview of the project that would replace existing free-standing signage, expand the building- mounted signage, install three new flag poles, and replace and improve the parking area lighting plan. Mrs. Gray added that the Planning Board should also consider the lighting proposed for the free-standing signs, the location and height of the flag poles, and the landscape plantings proposed. The applicant responded that two of the flagpoles would be 55 feet high and the third would be 65 feet. He showed the Board a digital rendering of the proposed site and signage improvements. Mrs. Timpone-Mohamed asked if the two, existing, free-standing monument signs are currently illuminated. The Applicant responded that there are light fixtures installed, but the fixtures are not working. Mrs. Mohamed voice concern that the illumination the proposed white limestone free-standing signs, which would be visible from the scenic road and Arbor Drive, should be designed carefully using low intensity light to avoid over-illumination of the white surfaces located in residential neighborhoods. Mr. Grzan believed the three very tall flagpoles would call attention to the property, and was not in favor of the proposed heights of the poles. Mrs. Schoen also questioned the heights of the flag poles. The Applicant responded that the building isn't very visible from the surrounding area, so giving it a corporate presence in the area is the goal of all the improvements. Mrs. Gray added that the heights of the flagpoles and the sizes of the flags cause two of the variances required. Mr. Accurso asked about another feature of the scenic road adjacent to the property, the stone wall on King Street that is in disrepair. 6 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. Chairman Zuckerman asked about the appropriateness of the proposed up-lighting of the free-standing monument signs. Mr. Nowak responded that the specifications for the lighting should be submitted for review to determine if the lighting proposed is suitable for the white signs and the locations. The Chairman also asked about the size of the monument sign located on Arbor Drive and if it could be reduced to avoid having to obtain variances. The Architect responded that the size of the sign could be reduced. The Chairman added that while the existing American flag in front of the building is a great idea, it is his opinion that adding three more flags seems unnecessary, especially because the very tall poles and large flags require variances. The Chairman asked Mrs. Gray to give the Board a summary of 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 APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR 900 KING STREET I. PROJECT OVERVIEW 7 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. On April 23, 2013, the Village of Rye Brook Board of Trustees ("BOT") referred an application for approval of 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 Rye King Associates, LLC ("Applicant") to amend the site plan to install new signs, lighting and flagpoles on the commercial property located at 900 King Street, Parcel ID 129.68-1-13 on the Town of Rye Tax Assessor's Map, in the PUD Zoning District and the hing Street Scenic Road Overlay District. In particular, the Applicant proposes the following modifications on the property: (1) replacement of two existing freestanding signs (one on King Street, one on Arbor Drive), both of which will be uplighted; (2) amendment of the existing lighting plan to replace existing light fixtures in parking area and driveway entrance with modern, energy efficient LED fixtures, and install new lighting along the pedestrian walkway; (3) installation of three new flagpoles on the northwest lawn; (4) installation of three additional wall-mounted signs on the building which include the addition of a tenant name under the existing street number sign at the northeast elevation, and the addition of a street address sign and tenant name at the southeast elevation; and (5) installation of additional landscaping along the driveway entrance from Arbor Drive. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its May 9, 2013 meeting. F.P. Clark Associates, the Village's Planning Consultant, provided a Memorandum to the Planning Board, dated May 2, 2013, based on a review of the application and information provided by the Applicant and Village Staff. A. Staff and Consultant Comments The following comments were provided by F.P. Clark's May 2, 2013 Memorandum: 1. New Free-Standing Signs. Two new "monument" signs are proposed to replace two existing monument signs - one located on King Street at the intersection of Arbor Drive and King Street, and the other located on Arbor Drive at the entrance to the 900 King Street property. Both signs would include letters and numbers individually mounted on the new masonry structures to indicate the building address number, 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. 900, and a company name (the name xylem is used in the application; however, we understand xylem is no longer a prospective tenant). Both masonry structures would be larger than the existing sign structures they replace, and would include indirect, in- ground n- bound lighting of the signs at night. However, views of the signs when they would be illuminated were not provided; nor were specifications for the new in-ground light fixtures. In addition to providing the specifications, the Applicant should clarify if the current signs are illuminated at night. According to the plans, the sign on King Street would be installed on the existing foundation of the current sign structure. It would be located in the same location within the King Street SROD as the current sign. The sign and structure on Arbor Drive would be set back further from Arbor Drive than the current sign, and would be much larger than the current sign structure. Neither sign structure location, nor the size of the signs proposed, would cause line-of-sight issues for drivers on King Street or Arbor Drive regarding other cars or pedestrians. The new sign on Arbor Drive would be visible from Arbor Drive; however, it probably would not be visible from King Street. The Applicant provided "before and after" daytime views of the two sign locations to illustrate the change in the visual character of views from King Street and Arbor Drive. The new signs have a sleek, modern character that is different from the rustic, earthy character of the existing signs. The Arbor Drive sign, which would be located in front of the building, compliments the modern architecture of the building in color and form. King Street does not have a consistent or thematic architectural character; therefore, the modern character of the new sign should not create a significant impact during the day. However, the sign night- 9 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. lighting plan should be reviewed to determine the intensity of the lighting proposed for the white limestone signs structures, because there may be a potential for an impact at night that could be created by the lighting. We recommend low intensity, carefully-directed night lighting to avoid overemphasizing the bright white signs at night in the SROD and the surrounding residential areas. The Arbor Drive sign location would include landscape plantings on both sides of the driveway to enhance the property entrance and the sign. The proposed landscape plan for the Arbor Drive entrance includes Miscanthus, an ornamental grass. The plan does not indicate the species of Nliscanthus proposed; however, at least two species of Miscanthus, M. sacchariflorus (Maiden Grass) and M. sinensis (Japanese Silver Grass) are considered invasive plants. We recommend that Miscanthus be replaced with a non-invasive, preferably native, grass species. 2. Amended Exterior Lighting Plan. The amended exterior lighting plan for 900 King Street would include replacement of existing parking area and driveway entrance light fixtures with modern, energy efficient LED fixtures mounted on 20-foot high light poles. The new fixtures would be cut-off fixtures that reduce lateral glare and eliminate sky- lighting. The much lower mounting height of the new fixtures will require additional fixtures in the parking area and relocation of certain existing fixtures to adequately light the parking area. The photometric plan indicates that the amended lighting plan would not result in light impacts to adjacent properties, and would provide better, more consistent light levels in the parking area for safety at night. The amended exterior lighting plan includes new light columns that would be located along the pedestrian walkway 10 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. adjacent to the building; however, the specifications for the light columns were not provided. 3. New Flagpoles. The amended site plan proposes a trio of new flagpoles to be located adjacent to the northern edge of the eastern half of the parking area. The center pole would be 65 feet high and the two poles flanking it on either side would be 55 feet high. The new flagpole area does not include night lighting. The new flag poles may be partially visible from the Hutchinson River Parkway and residential properties located on the opposite side of the Parkway. 4. New Building-Mounted Signs. The application includes two new building-mounted signs to be located on the north east and south east facades (as defined by the plans provided) of the building on or near the parapet wall that would include the building address number, 900, and a company name (the name xylem is used in the application; however, we understand xylem is no longer a prospective tenant). On the north east facade a company name would be added in facade-mounted letters below the existing facade-mounted number "900." On the south east facade, the facade-mounted number 900 and a company name would be added in the same configuration as the sign on the north east facade. The sign plan does not indicate that the new building-mounted signs would be illuminated. While the new sign on the north east facade would be visible from Arbor Drive, it probably would not be visible from King Street SROD. It is unclear if the new sign on the south east facade would be visible from the Hutchinson River Parkway, or from residential properties on the other side of the Parkway opposite the property. According to the Building Inspector's May 3, 2013 Zoning Analysis, the following variances are required from the Zoning Board of Appeals: 11 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. 1. 250 Attachment 2:1 The maximum allowable size for a freestanding sign is 20 sq. ft. The applicant's newly proposed sign at Arbor Drive measures 24 sq. ft. in size. 2. 250 Attachment 2:1 The maximum number of flags permitted on such property is one (1). The applicant's property currently flies one American Flag from a flagpole at the South elevation. The applicant is proposing three (3) additional flags. 3. 250 Attachment 2:1 The maximum allowable flag size is 20 sq. ft. The applicants newly proposed American Flag measures 216 sq. ft., NY State Flag measures 150 sq. ft., and 900 Flag measures 150 sq. ft. 4. 250-35.0 The maximum allowable flown height for a flag is 25 ft. The height of the applicants newly proposed American Flag is 65 ft., NY State Flag is 55ft., and the 900 Flag is 55 ft. 5. 250 Attachment 2:1 The maximum allowable number of Wall Signs is one (1). Currently there are two (2) Wall Signs showing the street address affixed to the building. One on the north elevation facing King Street, and one on the west elevation facing Arbor Drive. The existing signs, permitted in 2005 were not the subject of a zoning variance, therefore the applicant must seek to legalize one sign, and seek relief for any additional wall signs including; a. The addition of a tenant name under the existing street number sign at the N.E. elevation. b. The 3rd street address sign at the S.E. elevation. c. The tenant name under the 3rd street address sign at the S.E. elevation. 12 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. To clarify, the applicant must seek a variance to legalize one existing sign, and a variance to install three (3) additional signs for a total four (4) variances relating to the wall signs. Lastly, the Village Engineer/Superintendent of Public `Forks' May 8, 2013 memorandum states that a storm water management plan, construction management plan and sediment and erosion control measures are not required site-wide, but "any soil stockpiled shall be protected with silt fence or removed offsite." The memorandum further recommends that all requested waivers from the site plan application submission requirements be granted due to the limited nature of the proposed work and states "Sheet L-02 shall be relabeled from Key Plan to Site Plan." Planning Board Comments The relevant planning considerations include a review of the amended exterior lighting plans, review of the proposed landscaping, and review of whether the proposed signage, flagpoles and lighting plan are appropriate within the King Street Scenic Roads Overlay District. In addition to being located in a PUD, the Property is located within the King Street Scenic Roads Overlay District. Accordingly, in addition to the general site plan review standards, the proposed site plan amendment must be reviewed to ensure any proposed "structure or alteration is architecturally compatible with surrounding structures and that the important scenic and natural features of the site will be preserved." (Village Code 5250-7(F)(5)(a)). New Freestanding Signs Freestanding Sign on King Street. The location of the proposed sign is consistent with the location of the existing sign and will be visible from the King Street Scenic Road. The sign is architecturally different from the existing sign in that it is a modern, sleek design rather than mortared stone. Regarding views from the King Street Scenic Road, the consensus of the Planning Board is that the architecture of the proposed sign is compatible with the existing character of views along the scenic road. The proposed up lighting for the freestanding sign should be low intensity and carefully directed to avoid visual impacts on the King Street Scenic Road at night. Low intensity lighting is particularly important because of the surrounding residential areas and the color of the proposed sign (white limestone) which will more easily reflect light than the existing mortared stone sign. 13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. Freestanding Sign on Arbor Drive. The sign on Arbor Drive will have little to no visibility from the King Street Scenic Road; however the sign will be visible to those travelling to and from the Arbors residential development. The proposed up lighting for the freestanding sign should be low intensity and carefully directed to avoid visual impacts to the adjacent residential development. The proposed sign will be larger than the existing sign and will currently require a variance. The Applicant should consider reducing the size of the proposed sign by 4 sq. ft. to conform to the maximum allowable size of 20 sq. ft. It is the consensus of the Planning Board that the sign is appropriately located on the site. Amended Exterior Lighting Plan It is the consensus of the Planning Board that the proposed lighting plan for the parking area is an improvement from existing conditions and will not have adverse impacts on adjacent properties. The Applicant stated the walkway lighting is no longer being proposed. New Flagpoles The new flagpoles do not seem to provide any beneficial improvement to the property and the Applicant should consider whether the three (3) additional flagpoles beyond the existing flagpole is necessary. Currently, up lighting is not proposed for the three new flagpoles. To avoid any possible visual impacts to nearby residential property the consensus of the Planning Board is that, in the event the flagpoles are approved, the Board of Trustees should consider a condition prohibiting the use of up lighting on flagpoles. According to proper etiquette, this would require the Applicant to bring the American Flag down at night. New Building-Mounted Signs Since the proposed signage will have little or no visibility from the King Street Scenic Road and there is no lighting proposed for the building-mounted signage, there are no planning issues relevant to the proposed building-mounted signs. 14 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. Landscaping The proposed landscaping at the driveway entrance from Arbor Drive is appropriately designed. However, we recommend that Miscanthus be replaced with a non-invasive, preferably native, grass species. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the issues raised by the Village's staff and consultants the Planning Board recommends approval of the application for an Amended Site Plan and recommends approval of the requested site plan application waivers, provided the following items are satisfactorily addressed: 1. Any lighting approved for the freestanding signs should be low intensity and carefully directed to avoid visual impacts on the King Street Scenic Road and the adjacent residential areas. Specifications for the proposed light fixtures should be submitted for review. 2. The size of the proposed sign should be reduced by 4 sq. ft. to conform to the maximum allowable size of 20 sq. ft. The Applicant has agreed to this reduction. 3. In the event the proposed flagpoles are approved by the Board of Trustees and visible from nearby residential property, Board of Trustees should consider a condition prohibiting the use of up lighting on flagpoles. 4. The landscape plan should be revised to replace Miscanthus with a non-invasive, native grass species. The Applicant has agreed to this revision. 15 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. 5. A note shall be added to the plans stating that any soil stockpiled shall be protected with silt fence or removed offsite. 6. Sheet L-02 shall be relabeled from Key Plan to Site Plan. Dated: Rye Brook, New York May 9, 2013 On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the Report and Recommendations was approved:Mr. Nowak called the roll: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to read the resolution to adopt the draft report and recommendations, and authorize submission of the Report and Recommendations to the Board of Trustees: RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE ON THE APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR 900 KING STREET 16 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. 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 property located at 900 King Street and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES 3. Consideration of a referral from the Village Board of Trustees for a Site Plan Amendment by Toll Land V Limited Partnership (Kingswood) to construct 2 model homes at Anderson Hill Road and King Street, Rye Brook, NY, Parcel I.D. 129.35-1-14 through 129.35-1-14.31 • Consideration of a Report and Recommendation Mr. Edward Beane, Village Counsel, addressed the Board stating that he is acting as counsel for the Planning Board for the application, instead of Jennifer Gray, Esq., because of a potential conflict of interest. Both the Village and Toll Brothers have agreed that since Mr. Beane has never performed work for Toll Brothers, he would serve as Planning Board counsel for this application. 17 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. Mr. John Wagner, Attorney for the Applicant, addressed the Board stating that the purpose of the application is to modify the prior approval resolution and the site plan to enable construction of four of the semi-attached residences in two of the buildings to serve as model homes and a sales office on the site. The only modification to the approval resolution would be to allow construction of the four residences during construction of the site infrastructure. When the model homes are complete, they will be open for business between 11 a.m. and 6 p.m., 7 days a week. The installation of landscape screening would be performed simultaneously with the construction of the buildings to alleviate the visual concerns of the Blind Brook Golf Club. Regarding installation of other landscape screen plantings during construction,James Fitzpatrick of Toll Brothers explained that the perimeter plantings along King Street and Anderson Hill Road are located along the proposed storm water basins, which would be used to capture storm water and sediment during construction. In his opinion, it is not good practice to install permanent plantings along sediment basins before construction is completed. Mr. Goodman asked about the viewing hours of the model homes and parking for the models. He was also concerned for the safety of visitors to an active construction site and asked about access to the site. The Applicant responded that visitors would access the site from the proposed entrance to the development that would be constructed with the models, and that there will be 6 temporary parking spaces near the model homes. Mr. Accurso asked if there were any other changes to the site plan, to which the Applicant responded that there would be minor changes to the building architecture that will be reviewed by the Architectural Review Board. Mr. Anthony Gioffre, representing the Blind Brook Golf Club addressed the Board regarding the Club concern that the landscape screening between the two properties be installed to mitigate views of the construction site and the new buildings from the Club. 18 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. The Chairman asked Mr. Beane to summarize the draft report and recommendations: REPORT AND RECOMMENDATIONS OF THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION BY TOLL LAND V LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT THE SOUTHERLY CORNER OF ANDERSON HILL ROAD AND KING STREET I. PROPERTY DESCRIPTION The subject undeveloped property is located at the southerly corner of Anderson Hill Road and Ding Street Scenic Road Overlay District ("SROD"), and is designated as Section 129.35, Block 1, Lots 14.1-14.31 (formerly Lot L13) on the Town of Rye Tax Map. It is located in the H-1 Zoning District. The subject property is approximately 15.44 acres in size with 17.73 acres located in the Village of Rye Brook (the "Village") and 2.71 acres located in the Town of Greenwich, Connecticut ("Greenwich"). It is adjacent to the Blind Brook Golf Club to the west and to single family homes in the R-20 District to the south. II. PROJECT OVERVIEW On April 9, 2013, the Village of Rye Brook Board of Trustees ("BOT") referred an Application by Toll Land V, Limited Partnership ("Toll Land V") for approval of an amended site plan, to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendations. The Application seeks to amend the Site Plan previously approved by the Board of Trustees by Resolution dated March 24, 2009. Toll Land V intends to develop the previously-approved "Kingswood Development" (which received approval from the Board of Trustees on March 24, 2009), as the "Enclave at Rye Brook." The development will occur in strict accordance with the previously-approved "Kingswood Development Plan." The Plan has never been amended in any way. To facilitate and promote effective marketing of the thirty (30) semi-attached residences approved on March 24, 2009, Toll Land V wishes to construct Units 28 and 29 model homes. To do so, it also will need to construct two (2) other residences /Units 27and 30)of the approved Plan at the same time because they are part of the same building as Units 28 and 29. 19 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. The amendment requested is to the March 24, 2009 Resolution, not to the Plan. It will permit Toll Land V to construct the two model homes, Units 28 and 29 ,, and the two other homes in the same building, Units 27 and 30, concurrently with the roadways and other infrastructure for the approved Plan. Paragraph 18 of the March 24, 2009 Resolution requires that prior to the issuance of the first building permit, all of the infrastructure on the approved Plan must be completed. The amendment sought by Toll Land V to condition 18 in the Resolution (and all other relevant provisions of said prior site plan approval) will allow building permits to be issued for Units 27. 28. 29 and 30 and their construction concurrently with the construction of the infrastructure for the development as approved by the March 24, 2009 Resolution. Condition 18 will continue to apply to the other twenty- six (26) residences. The previously approved Plan will not be altered in any way by this amendment. Certain temporary site plan modifications are included in the amendment such as (a) twelve (12) additional paved parking spaces in the open area opposite the models and adjacent to the location of the construction trailer; (b) additional signs identifying the model home area, the model area parking; (c) the construction trailer and walkway between the model buildings; and (d) additional landscape plantings in the open area adjacent to the model parking spaces and in front of the model buildings where the access driveway to the two model units eventually will be paved. These changes are temporary, and will not alter the Plan in any way. III. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its May 9, 2013 meeting. F.P. Clark Associates, the Village's planning consultants, provided a memorandum to the Planning Board dated May 2, 2013 based on its review of the application and plans, and supporting material submitted to it by Toll Land V as set forth on page 2 thereof. The following comments were provided by F.P. Clark's May 2, 2013 memorandum. 1. Site Plan: According to the plans, the only changes proposed to the site plan are temporary changes that are related to use of two of the residential units as model homes in the operation of the construction trailer. 20 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. 2. Model Homes: The information received by F.P. Clark regarding the schedule of operation for the model homes is an illustration of the identification sign for the model center shown on the model home landscape Plan, which indicates that the models will be open between 11:00 a.m. and 6:00 p.m. every day. The Applicant should verify the daily operation schedule for the model homes. 3. Temporary Landscape Plan: The temporary landscape plan was reviewed and found to be satisfactory. 4. Landscape Screening Plantings: It is unclear from the information provided by the Applicant if the permanent underlying landscape screening plantings located along the common property line with the Blind Brook Club (the "Club") will be installed when the models are constructed. Condition 18 of the March 24, 2009 Resolution does not specifically require installation of these plantings when the site infrastructure is completed. We recommend, because the building, construction trailer and storage unit will be in the vicinity of the common property line with the Club and screening the development from the Club was an issue during the original approval process, that the grading and screening plantings along the common property line should be installed when the models and site infrastructure are constructed. The Planning Board also reviewed comments received from the Westchester County Planning Board (the "County Board"), in its letter dated May 1, 2013 which stated, after a brief summary of the proposed site plan amendment, that the County Board had no additional comments to the comments included in the January 5, 2009 letter, which related with to original site plan approval process. IV. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the issues raised by the Village staff and consultants as outlined above, the Planning Board recommends approval of the 21 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. Application for an amended site plan as proposed by Toll Land V. The Planning Board notes that the Application requests changes to the Village's Board's March 24, 2009 Resolution, specifically condition 18 thereof, and does not request or involve changes to the Plan. With respect to the temporary Plan changes noted in F.P. Clark's May 2, 2013 memorandum, the Planning Board recommends that the following items be addressed: 1. the Applicant verify the daily operation schedule for the model residences; 2. because of the buildings, construction trailer and storage units to be located in the vicinity of the common property line with the Club and the importance of screening the development from view from the club, that the grading and screening plantings along the common property line be installed when the model residences and two other attached homes and the site plan infrastructure are constructed. Dated: Rye Brook, New York May 9, 2013 On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the report and recommendations was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES 22 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, May 9,2013 - 8:30 p.m. THE CHAIRMAN ASKED MR. BEANE TO READ THE RESOLUTION AUTHORIZING SUBMISSION OF THE REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEESAESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE APPLICATION BY TOLL LAND V LIMITED PARTNERSHIP FOR APPROVAL OF AN AMENDED SITE PLAN FOR PROPERTY LOCATED AT THE SOUTHERLY CORNER OF ANDERSON HILL ROAD AND KING STREET BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the attached Report and Recommendations ("Report") to the Village of Rye Brook Board of Trustees on the Application for approval of an amended site plan, and requests that the Secretary to the Planning Board forward a copy of the report to the Board of Trustees and the Village Administrator. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was adjourned at 10:05 pm by unanimous voice vote. 23