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HomeMy WebLinkAbout2013-06-13 - Planning Board Meeting Minutes Approved: 11/14/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, June 13, 2013 - 8:00 p.m. ROLL CALL MINUTES PUBLIC HEARING 1. Consideration of a Site Plan Application by Phyllis Fratarcangelli to construct a fence on a lot in the Scenic Roads Overlay District located at 147 North Ridge Street, Rye Brook, NY, Parcel I.D.135.51-1-79 • Considering a resolution NEW BUSINESS 2. Discussion of possible amendments to the Village Code to change referrals by Village Board of Trustees to Planning Board from mandatory to discretionary referrals PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman STAFF Mrs. Jennifer Gray, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak, Jr., Village Engineer Ms. Shari Melillo, Planning Board Secretary Trustee David Heiser, Planning Board Liaison VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, June 13,2013 - 8:00 p.m. Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He then introduced the Board members and the Village staff to the audience and explained the rules of procedure for the meeting. Additionally, Chairman Zuckerman made note for the public that the complete set of the Planning Board Rules of Procedure can be found on the Village website where the public may also view the Planning Board meetings on streaming video. PUBLIC HEARING 1. Consideration of a Site Plan Application by Phyllis Fratarcangelli to construct a fence on a lot in the Scenic Roads Overlay District located at 147 North Ridge Street, Rye Brook, NY, Parcel I.D.135.51-1-79 • Considering a resolution On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Thomas Kennedy, Esq., attorney for the applicant, addressed the Board, giving an overview of the current status of the application. Jennifer Gray, Esq., Village Counsel, explained that the application is before the Planning Board because the property is located within the Scenic Roads Overlay District. She reminded the Planning Board that the criteria for review under the SROD regulations are that the fences should be architecturally and aesthetically compatible with the other existing structures in the area. Procedurally, the application as it was currently proposed required variances from the Zoning Board of Appeals for the heights of the fences in the front yard. Mr. Kennedy asked about the status of the existing free-standing piers located at the entrances to the circular drive from North Ridge Street. Mrs. Gray responded that the existing piers, located in the North Ridge Street right-of-way, were constructed without the approvals of Rye Brook or Westchester County. 2 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, June 13,2013 - 8:00 p.m. Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the Board stating that the criteria for review under the Scenic Roads Overlay District regulations are whether the fences would be aesthetically compatible with surrounding fences and structures, regarding materials and colors, and architecturally compatible regarding fence heights, design, or locations to ensure the maintenance of the character of the scenic road. She reminded the Board that most front yards in that area do not include side-yard lot-line fences, and if they do, the fences are less than four feet high. Mrs. Fratarcangelli stated that she is very flexible and willing to do what pleases the Board; however, she also stated that she needs the privacy in the front yard that would be provided by tall fences. Chairman Zuckerman suggested adjournment of the Public Hearing so the applicant may meet with her architect to discuss her options regarding the fences. He also suggested that the applicant consider natural screening consisting of landscape plantings, instead of fences in the front yard. The Chairman adjourned the public hearing to July 11, 2013. NEW BUSINESS 2. Discussion of possible amendments to Village Code to change referrals by Village Board of Trustees to Planning Board from mandatory to discretionary referrals Chairman Zuckerman explained that currently, for applications where the Village Board of Trustees is the approval authority, the Village Code requires referral to the Planning Board. The referral requirement creates a bifurcated review process which can sometimes lengthen the approval process for applications. To streamline the review process, the Board of Trustees referred a proposed local law to amend the Village Code to make referrals to the Planning Board discretionary instead of mandatory, as determined by the Village Board of Trustees. The Planning Board was also asked by the Trustees to discuss the potential for the Planning Board to become the approval authority for a more types of applications. Trustee David Heiser addressed the Planning Board stating that both Boards are concerned with improving the efficiency of the land use review process for applicants to reduce the time it takes for reviews and the cost of reviews. Mr. Goodman stated his belief that the ultimate question is whether or not, for some applications, review by the Planning Board is duplicative work. Mr. Goodman voiced his opinion that it does not make sense for two Boards to review the same issues. 3 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, June 13,2013 - 8:00 p.m. Mr. Laufer added his opinion that the key to improving the review process is efficiency. Mrs. Gray added that the two items on the table are the local law regarding referrals to the Planning Board and the discussion item regarding broadening the approval authority of the Planning Board to cover more applications. With respect to the second item, there has been some discussion regarding the Board of Trustees determining final approval authority on a case-by- case, or application-by-application, basis but she cautioned that such determination regarding final approval authority should include standards by which the Board of Trustees would make that determination. Mr. Tartaglia stated that his perspective is unique as he has been before Boards representing applicants and on the Planning Board reviewing applications. It is his belief that interposing discretion regarding referrals would cause a problem because the referral could become political. He suggested that certain application reviews could start at the Planning Board instead of being referred, or the Planning Board could be the approval authority, both of which would streamline the review process without the use of discretion. Mrs. Schoen agreed and recommended that the Village Board look into how the review processes of other Villages operate to inform the discussion.. She expressed her belief that it is good to begin the discussion about approval authority and referrals, but it is premature to be reviewing a local law and actual amendments before a full exploration of the issue, and discussion of the options open to the Boards to make land use reviews more efficient. Trustee Heiser responded that the Board of Trustees is looking for the ideas and input of the Planning Board. Mr. Accurso concurred with Mr. Tartaglia. He reminded the Board that when final approval authority for the Planning Board was considered and reviewed several years ago, he was in favor of the Planning Board having final approval authority for all land use applications. An application regarding a commercial property should start and end with the Planning Board because applications can become political issues, which would be avoided if the Planning Board is the approval authority. Mr. Grzan stated his opinion that the dual review process costs applicants time and money. There are certain instances where he believes the Board of Trustees should have final approval authority. Chairman Zuckerman added his concern regarding the local law that if the Trustees have discretion without standards to determine what should or should not be referred, there would be potential for every application to be referred or, for no applications to be referred. He believes that there are applications the Board of Trustees would not need to refer to the Planning Board, 4 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday, June 13,2013 - 8:00 p.m. and there are other applications that should start with Planning Board review. In his opinion, the Board of Trustees should have final approval authority for larger projects that may have a significant impact on the Village. But,most land use application decisions should be made by the Planning Board. Mr. Goodman added that there is a lot of history behind the delegation of final approval authority in the Village. He asked if the Board would consider recommending the formation of a committee to work on the referral and approval authority issues, such as the task force group that was convened to work on affordable housing because he believes the right process will create the right results. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was adjourned at 9:33 p.m. by unanimous voice vote. 5