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HomeMy WebLinkAbout2013-09-13 - Planning Board Meeting Minutes Approved:January 9,2014 VILLAGE OF RYE BROOK PLANNING BOARD REGULARMEETING VILLAGE HALL, 938 KING STREET Thursday September 19, 2013 - 8:00 p.m. ROLL CALL MINUTES Review of. June 14, 2012, August 9, 2012, October 11, 2012,November 26, 2012, December 13, 2012 minutes PUBLIC HEARING 2. 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 • Applicant submitted request for adjournment 3. 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 CONTINUED BUSINESS NEW BUSINESS 4. Consideration of a Site Plan Application by Steven Marchesani, on behalf of Paul Cuzzapoli, to construct a new single family residence at 7 Lincoln Avenue, Rye Brook, NY, Parcel I.D. 135.74-1-4 • Consideration of a Resolution Setting a Public Hearing 5. Consideration of a Site Plan Application and a Special Use Permit Application by Linda Seltman to legalize a professional office at 561 Westchester Ave, Rye Brook, NY, Parcel I.D. 135.82-1-11 • Consideration of a Report and Recommendation 6. Discussion of a Local Law referral from the Board of Trustees regarding amendments to Chapters 8 and 209 of the Village Code regarding Site Plan Review for One-Family Dwellings Consideration of a Report and Recommendation 1 Rye Brook Planning Board September 19,2013 PRESENT BOARD 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/Superintendent of Public Works Ms. Shari Melillo, Planning Board Secretary EXCUSED Mr. Domenic Accurso Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He then introduced the Board members and 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's website along with streaming video of the Planning Board meetings. The Chairman asked if there were comments regarding the Planning Board meeting minutes of June 14, 2012, August 9, 2012, October 11, 2012,November 26, 2012, and December 13, 2012. Mrs.Gray noted the header of the August 9th meeting minutes needed to be revised to show the correct date. The Chairman called for a motion to approve the five sets of minutes before the Board as revised. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll and the minutes were approved: MR. ACCURSO ABSENT MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES 2 Rye Brook Planning Board September 19,2013 MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES The Chairman called for the next item in the order of business. 2. 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 Chairman Zuckerman recused himself as he lives directly across the street from the property that is the subject of the application. Mr. Goodman became acting Chairman for the application. Mr. Goodman advised that the applicant requested an adjournment of the Public Hearing to November 14,x' 2013. He added that at the last meeting the applicant was sent to the Zoning Board of Appeals (ZBA), but the application did not get on the October ZBA agenda. Mr. Goodman called for a motion to adjourn the application and the Public Hearing to November 14, 2013 and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll, and the motion was approved: MR. ACCURSO ABSENT MR. GRZAN YES MR. LAUFER YES MRS. SHOEN YES MR. TARTAGLIA YES ACTING CHAIR GOODMAN YES CHAIRMAN ZUCKERMAN RECUSED Acting Chairman Goodman stepped down, and Chairman Zuckerman returned to the Board and called for the next item in the order of business. 3. 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 Mr. Thomas Kennedy, Attorney for the applicant, addressed the Board stating that the Architect submitted amended plans that show a 4-foot high fence in the front yard of the home and a six- foot high fence in the side and rear yards. Mrs. Gray explained that the application currently before the Board was for the proposed fences in the front yard. . The amendments to the Scenic Roads Overlay District regulations, recently approved by the Trustees caused the Building Inspector to issue a memorandum on September 19, 2013, which states that "based on recent amendments adopted by the Village Board of Trustees concerning the Scenic Road Overlay District it is his determination that site plan approval is required only for that portion of the proposed fence located in the front yard of the subject property." Therefore, the applicant submitted revised plans that reduce the height of the portion of the fence in the front yard to 4 feet and propose a solid, white vinyl panel fence. 3 Rye Brook Planning Board September 19,2013 The public hearing was closed and Mrs. Gray was asked to read the draft resolution: RESOLUTION CONSIDERING A SITE PLAN TO CONSTRUCT A FENCE AT 147 NORTH RIDGE STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Phyllis Fratarcangeli submitted an application on behalf of 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, opaque vinyl perimeter fences at an existing home located at 147 North Ridge Street in the R-10 zoning district and the North Ridge Street Scenic Roads Overlay District (SROD), designated as Section 135.51, Block 1, Lot 79 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Building Permit Checklist and Zoning Analysis 2. Site Plan Application and Checklist 3. Short Environmental Assessment Form 4. Fence/Wall/Gate Permit Application 5. Survey, prepared by Ward Carpenter Engineers, Inc., White Plains, N.Y. dated November 20, 2012 6. Waiver Request Letter to the Planning Board from Michiel A. Boender, Edgewater Group, Port Chester,N.Y. dated April 3, 2013 7. Site Plan, Sheet P-1, dated 3/27/13 revised 9/19/13, prepared by the Edgewater Group, Port Chester,N.Y. 8. Letter to Planning Board from Thomas V. Kennedy, Esq., dated 9/16/13 WHEREAS, on May 9, 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, by letter dated April 3, 2013 from Michiel A. Boender, Edgewater Group, the Applicant requested a waiver of the submittal of certain documents listed on the Site Plan Review Check List due to the scope of the project; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application, potential impacts to the Scenic Road Overlay District, and the requested waivers; and WHEREAS, pursuant to Village Zoning Code §250-6(B)(1)(g)[3][a], no fence in a front yard shall exceed 4 feet in height and therefore, as determined by the Building Inspector, any portion of the proposed fence in the front yard exceeding 4 feet in height requires a variance from the Zoning Board of Appeals; and 4 Rye Brook Planning Board September 19,2013 WHEREAS, the Planning Board requested the Applicant revise the site plan to reduce impacts to the SROD related to the proposed fence in the front yard measuring 6 feet in height; and WHEREAS, the Applicant submitted revised plans which reduced the height of the portion of the proposed fence in the front yard from six feet to five feet; and WHEREAS, on June 13, 2013, the Planning Board opened a public hearing on the subject application and the public hearing was continued to July 11, 2013 and July 25, 2013, at which times 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 July 25, 2013; and WHEREAS, the stated purpose of the Scenic Roads Overlay District, as set forth at Section 250-7(F)(1) of the Village of Rye Brook Zoning Code is "...preserving the Village of Rye Brook's historic resources, stone walls, natural features and views from its roadways and other public areas by guiding new development away from those areas and onto lands which are not as scenic and historically significant. The view experienced from these areas contributes significantly to the overall rural character of the Village, an attribute the community seeks to preserve and enhance while accommodating growth and change;" and WHEREAS, pursuant to Village of Rye Brook Zoning Code §250-7(F)(6)(a) the Planning Board must consider the existing scenic character of the North Ridge Street corridor in the vicinity of the subject property to determine whether or not the proposed fences are architecturally compatible with any surrounding structures, and whether or not the important scenic and natural features will be preserved if the proposed fences are constructed; and WHEREAS, in response to the applicant's request for the approval of the proposed fencing and the applicant's representation that other similar fences exist in the vicinity, the Planning Board requested information from the applicant regarding the proposal's compatibility with the existing scenic character of the North Ridge Street corridor in the vicinity of the subject property to determine whether the application meets the standard of review set forth at Village of Rye Brook Zoning Code §250-7(F)(6)(a); and WHEREAS, on September 19, 2013 the Building Inspector issued a memorandum stating that based on recent amendments adopted by the Village Board of Trustees concerning the Scenic Road Overlay District it is his determination that site plan approval is required only for that portion of the proposed fence located in the front yard of the subject property; and WHEREAS, by letter dated September 16, 2013 and revised Plans dated September 19, 2013, the Applicant proposed to reduce the height of the portion of the fence in the front yard to four feet, proposed a "solid (not picket or lattice) white vinyl post and panel fence" and stated "there is no room for foliage as an alternative in the front yard;" 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 dated May 8, 2013 and due to the scope of the proposed improvements, the Village of Rye Brook Planning Board hereby grants the 5 Rye Brook Planning Board September 19,2013 applicant's request for a waiver from submittal of the documents marked by the Applicant on the Site Plan Review Check List with a "W" or crossed out; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board hereby finds that the proposed post and board fence located in the front yard along the north and south property lines will not adversely affect the visual resources of the North Ridge Street Scenic Road Overlay District and does preserve the existing scenic character of the North Ridge Street corridor because it is architecturally compatible with the surrounding area, and hereby approves the site plan referenced herein to construct two side lot line, post and board perimeter fences in the front yard at the existing home located at 147 North Ridge Street, subject to the following conditions: 1. All necessary approvals from Westchester County pursuant to General Municipal Law §239-f 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. A motion for a vote was made by Mrs. Schoen and seconded by Mr. Goodman and there was discussion regarding the fence. Mr. Grzan asked now that the SROD amendments were approved, if the application was a new application, could the Building Inspector approve the 4-foot high fence in the front yard without referral to the Planning Board? Chairman Zuckerman responded that the Code amendments approved by the Trustees require any changes proposed in the front yard of a house within the Scenic Roads Overlay District to be approved by the Planning Board. Basically, if proposed construction is visible from the road approval is within the jurisdiction of the Planning Board. Mrs. Schoen added that she visited the property and now agrees with the applicant that there is not enough space on the driveway side of the property for planting vegetation. Mr. Tartaglia stated he is not in favor of a vinyl fence, but the application will go before the Architectural Review Board, who will review the fence as part of their jurisdiction. Chairman Zuckerman was not in agreement with the changes proposed because he does not think that a four foot high fence will provide the privacy the applicant is looking for and would prefer natural vegetation. He called for a vote. Mr. Nowak called the roll, and the resolution approving the revised fence plan was adopted: MR. ACCURSO ABSENT MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SHOEN YES MR. TARTAGLIA YES 6 Rye Brook Planning Board September 19,2013 CHAIRMAN ZUCKERMAN NO Chairman Zuckerman advanced the agenda to Item 5, so the Board could vote on a procedural matter. The notification sign for the Planning Board meeting for 561 Westchester Avenue was not erected as required by the Village Code. However, if it chose to do so, the Planning Board can waive the requirement. He continued to explain that if the Board voted to waive the sign requirement, the Board will continue review of the application, but if the Board voted not to waive the requirement, the application will be adjourned and the Board will return to the order of business. 5. Consideration of a Site Plan Application and a Special Use Permit Application by Linda Seltman to legalize a professional office at 561 Westchester Ave, Rye Brook, NY, Parcel I.D. 135.82-1-11 • Consideration of a Report and Recommendation Mrs. Gray was asked to read the resolution: September 19, 2013 DENIED (2-3) 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 application for 561 Westchester Avenue is on the September 19, 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. 7 Rye Brook Planning Board September 19,2013 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 561 Westchester Avenue for the purposes of the Planning Board's September 19, 2013 meeting. A motion for a vote was made by Mr. Goodman and seconded by Mr. Tartaglia. It was followed by discussion among Board members regarding waiving the sign requirement. Mr. Laufer believed it was a matter of consistency to deny the waiver. Mr. Goodman agreed, and stated his belief the request for a waiver comes up too often. He went on to say that he has gone on record at least once before that posting a notification sign is an important requirement, and he would oppose granting a waiver. Mr. Grzan remarked, if the Board feels so strongly regarding this issue, why is a waiver available for posting notification signs. Mr. Tartaglia responded that the current Board has determined it does not favor waiving the requirement; however, future boards may not feel the same way so it is important for future applicants to have the option to seek a waiver and boards to have the option to grant a waiver. Chairman Zuckerman noted that there has been a rash of applications that have not posted notifications signs and sought waivers. The Board decided not to grant the waivers. Although, as Chairman, he does have the ability to remove an application from the agenda if notification was not posted, but he likes to give the Board the opportunity to waive the sign requirement if it chooses to do so. Mrs. Schoen failed to see why the opportunity to waive is available. She urged the Board to consider reviewing the waiver provision. She believed it is the responsibility of the applicant's professionals to know a sign is required and to remind the applicant to post the sign. The Chairman called the vote. Mr. Nowak called the roll and the request for a waiver was denied by a vote of four to two: MR. ACCURSO ABSENT MR. GOODMAN NO MR. GRZAN YES MR. LAUFER NO MRS. SCHOEN NO MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN NO Chairman Zuckerman called for the next item in the order of business. 4. Consideration of a Site Plan Application by Steven Marchesani, on behalf of Paul Cuzzapoli, to construct a new single family residence at 7 Lincoln Avenue, Rye Brook, NY, Parcel I.D. 135.74-1-4 s Rye Brook Planning Board September 19,2013 • Consideration of a Resolution Setting a Public Hearing Mr. Marchesani, Architect for the applicant, addressed the Board and gave a brief overview of the project. Mr. Marchesani reviewed the memo from Mr. Nowak and advised the Board that they were working on the storm water management plan and ordered a topographic survey as requested. Mrs. Gray advised that the site plan application form had information that should be provided. Mr. Marchesani advised the Board that all missing information was provided. Chairman Zuckerman advised Mr. Marchesani that it was brought to his attention that the house is designed to be easily converted into a two-family home, which he wanted addressed. Mr. Marchesani responded that the applicants have a family member living with them and they tried to create separation in the house for privacy. Mrs. Gray was asked to read the resolution setting the Public Hearing: September 19, 2013 APPROVED 6-0 RESOLUTION SETTING A PUBLIC HEARING CONCERNING AN APPLICATION FOR SITE PLAN APPROVAL FOR 7 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Stephen Marchesani, on behalf of Mr. Paul Cuzzapoli, property owner, submitted an application for approval of a site plan to demolish an existing home and construct a new home on property located at 7 Lincoln Avenue, in the R-10 zoning district and the Lincoln Avenue Scenic Roads Overlay District, designated as Section 135.74, Block 1, Lot 4 as shown on the Town of Rye Tax Assessor's Map. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on October 10, 2013 at 8:00 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval; and BE IT FURTHER RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA) determines the Proposed Action to be a Type 2 Action requiring no further review pursuant to the requirements of SEQRA; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. 9 Rye Brook Planning Board September 19,2013 On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO ABSENT MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN ZUCKERMAN YES Chairman Zuckerman called for the next item in the order of business. 6. Discussion of a Local Law referral from the Board of Trustees regarding amendments to Chapters 8 and 209 of the Village Code regarding Site Plan review for One-Family Dwellings • Consideration of a Report and Recommendation Chairman Zuckerman explained that the amendments would eliminate site plan review by the Planning Board for additions to single family dwellings which increase the gross floor area by 50% or more, but only when the addition does not require any variances. The Planning Board would still review all other site plans under the other provisions of Section 209. The amendments also require that when a site plan not reviewed by the Planning Board comes before the Architectural Review Board (ARB), a sign notice of the ARB meeting must be posted to advise neighbors that alterations to a building are being reviewed. Mrs. Gray added that there is an additional small amendment for Section 209-1.B.10 of the Village Code that triggers site plan review for proposed changes in elevation greater than 1 foot across an area of 300 square feet on a property. The amendment would increase the area of change to 400 square feet to make the section consistent with a similar threshold for requiring storm water management. Mr. Grzan stated concern about removing some single-family alteration applications from site plan review by the Planning Board. Mr. Laufer agreed with Mr. Grzan. Mrs. Gray pointed out that a new house proposed to be constructed after a tear down would still come before the Planning Board for site plan review as it does under the current law. Chairman Zuckerman reiterated that a tear down still would require site plan review by the Planning Board. Mrs. Gray was asked to read the definition of a tear down is from the Village Code. She went on to say that if there is no demolition or demolition is not sufficient to be a tear down, then the house could be expanded by any amount without site plan review by the Planning Board as long as a variance is not required. 10 Rye Brook Planning Board September 19,2013 Mr. Tartaglia voiced concern that the amendment would inadvertently burden homeowners in the south end of the Village where there are many two-family houses. He recommended that applications for alteration of two-family houses requiring no variances should be included in the amendments. After further discussion it was decided that Mrs. Gray incorporate the discussion and suggestions into the report and recommendations and the Board would discuss the amendments further at the next meeting. As there was no other business, Chairman Zuckerman called for a motion to adjourn the meeting, and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned by unanimous voice vote at 9:16 p.m. 11 Rye Brook Planning Board September 19,2013