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HomeMy WebLinkAbout2013-07-11 - Planning Board Meeting Minutes Approved: 11/14/13 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m. ROLL CALL MINUTES 1. Review of the September 2011; April 2012; May 2012; June 2012; and July 2012 Minutes PUBLIC HEARING 2. Consideration of a Site Plan Application by Phyllis Fratarcangelli to construct a fence in the Scenic Roads Overlay District at 147 North Ridge Street, Rye Brook, NY, Parcel I.D. 135.51-1-79 • Consideration of a resolution CONTINUED BUSINESS 3. Discussion of a Local Law referral from the Board of Trustees regarding application referrals to the Planning Board from the Board of Trustees, and discussion of possible amendments to the Village Code regarding Planning Board approval authority. • Consideration of a Report and Recommendation NEW BUSINESS 4. Consideration of a Site Plan Application by Scott Oling to construct a new two-car garage at 2 Hillandale Road, Rye Brook, NY, Parcel I.D. 135.28-1-41 • Consideration of a referral resolution to the Zoning Board of Appeals 5. Discussion of a Local Law referral from the Board of Trustees for an amendment to Village Code Section 250-4.1 regarding permanent standby backup generators ACTION ON NON-AGENDA MATTERS VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m PRESENT BOARD Mr. Domenic Accurso Mr. Robert Goodman Mr. John Grzan Mrs. Amy Schoen Mr. Dan Tartaglia Chairman Gary Zuckerman EXCUSED Mr. Bill Laufer STAFF Mrs. Jennifer Gray, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak,Jr., Village Engineer/Superintendent of Public Works 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's website where you can also view the Planning Board meetings on streaming video. MINUTES 1. Review of the September 2011; April 2012; May 2012; and July 2012 Minutes On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the minutes were approved: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER ABSENT MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES 2 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m PUBLIC HEARING 2. Consideration of a Site Plan Application by Phyllis Fratarcangelli to construct a fence in the Scenic Roads Overlay District at 147 North Ridge Street, Rye Brook, NY, Parcel I.D. 135.51-1-79 • Consideration of a resolution Mr. Michael Boender, architect for the applicant addressed the Board advising that there have been no changes to the plans since their last appearance before the Board. Chairman Zuckerman responded that the Board made several comments at the last meeting, including that the fence is 5 feet high in the front yard where the Village Code limits the height of fences to four feet in front yards. As proposed, the portion of the fence in the front yard would require a variance from the Zoning Board of Appeals.. Thomas Kennedy, attorney for the applicant addressed the Board stating that he believed there was a change in the plans. Chairman Zuckerman responded that to his knowledge, there have been no new plans submitted to the Village. Mr. Nowak clarified that the plans, as he understood them, show a 4 foot high fence for the first 15 feet of the front yard, then the fence increases in height to 5 feet for the rest of the front yard, and it increases to a 6-foot high fence for the remainder of the property. He added that the proposed fence is white vinyl. Chairman Zuckerman stated that before the Public Hearing is closed, he would like the Board members to provide comments regarding the proposed fence. Mrs. Gray added that part of the standard of review in the Scenic Roads Overlay District is whether the fence is architecturally compatible with the buildings and fences in the surrounding area.. Mr. Grzan stated he would not support the plan as proposed. He would look favorably on a 4 foot fence in the front yard but does not believe a taller fence should be located in a front yard. Mr. Accurso concurred with Mr. Grzan. 3 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m Mr. Goodman agreed. He stated that he walked the neighborhood and found that the existing fences in the area are no more than 4 feet high. The house is very close to other houses, which he understands is the motivation for the application, but he believes tall fences in the front yard will create a cluttered front yard. He also said that a lower fence in the front yard would alleviate that concern. Mrs. Schoen also agreed, and thought the Board was clear at the last meeting that they would like to see a lower fence or a barrier of natural vegetation. Mr. Tartaglia understood that there may be other properties in that area that have taller fences. Mr. Boender said he believed there are taller fences at James Way and Tamarack Road, Mr. Tartaglia went on to say that he does not believe that the height of the fence is as much a problem as the vinyl material the fence would be made of. Vinyl is not a very attractive material for a fence, and he would not support the application unless the fence is changed to blend in with the building materials in the surrounding neighborhood. Chairman Zuckerman concurred. He feels that a barrier of natural vegetation would be appropriate for a front yard in the area where the property is located. He summarized the discussion stating that the consensus of the Board is that it holds an unfavorable opinion of the application as currently proposed. He asked the applicant if she would be willing to amend the fence plan to propose something that would be more acceptable to the Board. Otherwise, he noted the Public Hearing should be closed and the Board should vote on the application. The Board unanimously granted the applicant's attorney's request for a second call of the application to allow him time to speak with the applicant. NEW BUSINESS 4. Consideration of a Site Plan Application by Scott Oling to construct a new 2 car garage at 2 Hillandale Road, Rye Brook, NY, Parcel I.D. 135.28-1-41 • Consideration of a referral resolution to the Zoning Board of Appeals Chairman Zuckerman stated that he would recuse himself from review of the application because he lives across the street from the applicant. Mr. Tartaglia stated he would also recuse himself because he represented the applicant in the past. Mr. Goodman will serve as Acting Chairman for review of the application. Mr. Goodman noted that any vote taken would require a unanimous approval because only four Board members were present after the recusals. Barbara Pomerantz, architect for the applicant addressed the Board and asked for a waiver of the notification provision of the Village Code requiring the posting of a sign at the subject property. Mr. Goodman explained that when certain notice requirements are not complied with, the application is generally removed from the agenda. The Village Code permits the Planning Board 4 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m to waive the public notice sign requirement, but a request for a waiver would require a unanimous vote for approval. The applicant stated that they wanted the Board to vote on the waiver request and Mrs. Gray was asked to read the resolution: RESOLUTION WAIVING THE PUBLIC NOTIFICATION REQUIREMENT OF POSTING A SIGN ON THE SUBJECT PROPERTY PRIOR TO A PLANNING BOARD MEETING THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Section 240-40(A) requires that at least seven (7) days prior to a Planning Board meeting, a public notification sign shall be posted on the property which is the subject of an application to be heard at such meeting; and WHEREAS, Section 250-40(G) permits the Planning Board to waive the notification requirements set forth in Section 250-40 unless required elsewhere by county or state law; and WHEREAS, neither county nor state law requires an applicant to post a public notification sign on property subject to a pending application prior to a meeting of the Planning Board at which such application will be heard; and WHEREAS, the site plan and wetland permit application for 2 Hillandale Road is on the July 11, 2013 agenda of the Planning Board, but the Applicant did not post a sign at least seven (7) days prior to the Planning Board meeting. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board of the Village of Rye Brook hereby waives the requirement that a public notice sign be posted for application of 2 Hillandale Road for the purposes of the Planning Board's July 11, 2013 meeting. A motion for a vote was made by Mrs. Schoen, and seconded by Mr. Accurso, after which there was discussion by the Board. 5 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m Mr. Goodman stated that his view on waiving notification was changing. He went on to say that the last time this issue came before the Board on another application he stated he would deny any waiver requests received by the Board because notification is important for the public. However, because the limited action before the Board tonight is a referral to the Zoning Board of Appeals for consideration of the variance, he was hesitant to remove it from the agenda. Mrs. Schoen agreed with Mr. Goodman in this case, but stated that the notification requirement is important and should be complied with. Mr. Accurso added that waiver requests have been made before, and he has always voted against waiving notification. Mr. Grzan agreed with the Acting Chairman.. Mrs. Rebecca Oling addressed the Board and stated her reasons for requesting that the Board waive notification, stating that of all of the people they needed to inform by certified letter, all but 4 were notified verbally. Mrs. Gray advised the applicant that letter notification is required for a Public Hearing, not the current meeting. However, posting a notification sign at the subject property is required of every applicant for every appearance before the Planning Board, regardless of whether it is a Public Hearing. The Acting Chairman asked Mr. Nowak to call the roll for the vote, and the request for approval to waive notification did not carry: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN YES MRS. SCHOEN YES Acting Chairman Goodman adjourned the application to the July 25, 2013 Planning Board meeting. The Chairman and Mr. Tartaglia returned to the Board. The Chairman recalled the 147 North Ridge Street application and continued the Public Hearing. Mr. Boender addressed the Board and advised that the applicant decided to amend the fence plan and look into changing the fence material. The Application was adjourned to the July 25, 2013 Planning Board meeting. 6 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m The Chairman called for a brief recess. After the recess, the Chairman called for the next agenda item. 3. Discussion of a Local Law referral from the Board of Trustees regarding application referrals to the Planning Board from the Board of Trustees, and discussion of possible amendments to Village Code regarding Planning Board approval authority. • Consideration of a Report and Recommendation Chairman Zuckerman stated that there was extensive discussion at the last meeting and a draft Report and Recommendation was prepared. The local law was referred to the Planning Board by the Board of Trustees, and it would remove the requirement for mandatory referral to the Planning Board for site plan applications that are in the jurisdiction of the Board of Trustees. Mandatory referral would be replaced by discretionary referral to the Planning Board. He noted that the Mayor and Trustee Heiser were in the audience to provide information to the Board and to answer any questions regarding the amendments. The Chairman asked Mrs. Gray to read the draft Report and Recommendations and asked for comments from the Planning Board. Mrs. Schoen was concerned about the addition of discretion, which is subjective, to the objective process of site plan review. She believes that adding discretion may lead to not having a reason to refer any applications to the Planning Board for their opinion. Mayor Rosenberg asked to be heard and responded that when he came into office he wanted to streamline the land use review process in Rye Brook to make it more efficient. One of the ways to do this is to eliminate appearances before multiple Boards that he feels are not necessary. After meeting with Mr. Nowak, the Village Administrator and the Building Inspector, it was evident that certain applications propose minor changes that do not need to be reviewed by the Planning Board. He noted that there may also be applications that would not need to go back to the Board of Trustees after being referred to and reviewed by the Planning Board, if the Planning Board were to be given approval authority for additional types of applications. The Trustees would like to have the ability to give the Planning Board final approval authority on certain applications. So the Trustees need criteria to decide which applications should not be referred to the Planning Board, and which applications, once referred, can be approved by the Planning Board without going back to the Board of Trustees. 7 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m Chairman Zuckerman reiterated the goal of eliminating referrals for certain applications. It was suggested that certain applications could start review at the Planning Board, thereby requiring only one referral to the Board of Trustees for review and action. Chairman Zuckerman suggested that the Trustees should have jurisdiction over larger project applications and the Planning Board should continue to provide its recommendations on applications that include planning and environmental issues when the Trustees have approval authority. However, applications involving minor changes, even minor changes to large developments, do not, in his opinion, need to go to the Board of Trustees. Such applications should start review at the Planning Board and stay with the Planning Board for final determination. Mr. Tartaglia added that he believes the biggest problem is redundancy of review. He believes that land use applications that require special permits, zoning changes, or map changes should be reviewed and approved by the Board of Trustees, and should be referred to the Planning Board for report and recommendations to the Trustees. However, subdivisions and site plans should be reviewed and approved by the Planning Board. Mrs. Schoen stated that the changes under discussion should be reviewed during the Comprehensive Plan process, and before the changes are formulated research should be conducted, such as surveying the land use approval processes of other local communities. Mr. Goodman added that a task force is always a good idea to take on research and develop recommendations to the Trustees, and task forces have done good work in the past on similar projects. Chairman Zuckerman agreed with Mr. Goodman's suggestion. Mr. Accurso stated that he believes this is an issue that was looked at years ago and recalled that Mrs. Mohamed had compiled research regarding approval authority in other communities. Mayor Rosenberg said he believes the work was done for a committee put together by Mayor Rand, and that it is available on the Village website. Chairman Zuckerman did not want to call for a vote on the draft report and recommendations regarding the local law until it was revised based on the discussion at the meeting and a recommendation was added that the Board of Trustees consider forming a committee to study the issue of referrals and approval authority changes. He considers the issues to be important and ones that require collaboration between the two boards to develop amendments that provide efficiency in the review process without sacrificing thoroughness. 5. Discussion of a Local Law referral from the Board of Trustees for an amendment to Village Code Section 250-4.1 regarding permanent standby backup generators. 8 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday July 11, 2013 - 8:00 p.m Chairman Zuckerman explained that the amendments involve streamlining the review process for the installation of permanent standby backup generators on residential properties. Mayor Rosenberg explained that more property owners are applying to install permanent standby backup generators because of the increased number and severity of storms in recent years that cause power outages. Many of the applications for backup generators require variances related to the proposed locations of the generators. The Mayor went on to explain that the Board of Trustees wants to make it easier for applicants to locate the generators with other outdoor mechanical equipment, and reduce the complexity of the review process. The proposed local law would eliminate the current setback requirements, and add requirements to encourage collocation with other equipment, criteria for screening of the equipment, and eliminate review by the Architectural Review Board when vegetative screening complying with the new criteria is proposed. Chairman Zuckerman asked about proposed generators located on corner lots. He also believes that a commercial business located in a residential district that applies for a backup generator should not be subject to site plan review because they should have the same considerations as residents. Mr. Tartaglia expressed his belief that residential homes need the protection of a review by Planning Board when a commercial business in a residential neighborhood applies for installation of a permanent standby backup generator. Mr. Tartaglia also felt that certain aspects of the legislation should be reviewed carefully, particularly the criteria that require absolute adherence because there will be many situations that will not be able to completely meet absolute requirements. Chairman Zuckerman agreed with Mr. Tartaglia that co-locating generators with other equipment may not be possible in every situation. Mrs. Timpone-Mohamed added that the location of generators on corner lots will be guided by the determination by the Building Inspector of the locations of the rear and side yards on the property. Once the yard determination is made, the same rules apply to corner lots. Mayor Rosenberg noted that additional proposed legislation will be referred to the Planning Board during the next several months. The Trustees will be amending the Scenic Roads Overlay District regulations to reduce the need for front yard setback variances, and eliminate site plan review for additions that are within rear yards. The Board is working with FP Clark and Keane and Beane to allow certain changes of use in shopping centers without site plan review. And the Board of Trustees will consider legislation to eliminate site plan review for certain modifications of single family homes that do not require variances. Chairman Zuckerman asked for a motion to adjourn the meeting and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned at 10:18 p.m. by unanimous voice vote. 9