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HomeMy WebLinkAbout2013-10-10 - Planning Board Meeting Minutes Approved: 12/12/13 Village of R-ye Brook PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday October 10, 2013 - 8:00 p.m. ROLL CALL MINUTES Review of. January 3, 2013 and March 14, 2013 minutes PUBLIC HEARING 1. Consideration of a Site Plan Application by Steven Marchesani on behalf of Paul Cuzzupoli to construct a new single family residence at 7 Lincoln Avenue, Rye Brook, NY, ParcelI.D. 135.74-1-4 • Consideration of a Resolution CONTINUED BUSINESS NEW BUSINESS 2. 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 3. 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 PRESENT BOARD Mr. Domenic Accurso Mr. JohnGrzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman 1 Rye Brook Planning Board October 10,2013 EXCUSED Mr. Robert Goodman Mr. Dan Tartaglia STAFF Mrs. Jennifer Gray, Village Counsel Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mr. Mike Nowak, Jr.. Village Engineer/Superintendent of Public Works Ms. Shari Melillo, Planning Board Secretary Chairman Zuckerman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He then introduced the Board members and the Village Staff to the audience and explained the rules of procedure for the meeting. Additionally, Chairman Zuckerman made note for the public that the complete set of the Planning Board Rules of Procedure can be found on the Village's website as well as streaming video of the Planning Board meetings. MINUTES Review of the January 3, 2013 and March 14, 2013 minutes. There being no comments or corrections, Chairman Zuckerman called for a motion and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll, and the minutes were approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES PUBLIC HEARING 1. 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 On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES 2 Rye Brook Planning Board October 10,2013 MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Mr. Marchesani addressed the Board and gave a brief overview of the proposed application noting that a Topographic Survey was provided as requested, along with the storm water management plan. Mrs. Timpone-Mohamed added that while the applicant has provided the survey, it is not signed or sealed. She stated that the remainder of the issues from her last memo was addressed. Mr. Nowak added that the architect provided an Engineering Report showing that percolation tests were performed, and the proposed storm water management plan is capable of handling a 25-year storm. Mr. Accurso asked about a notation in a previous memorandum from the Village Engineer regarding the possibility of ahigh water table in the location of the property and the proposed dry wells. Mr. Nowak responded that according to the calculations in the report, the storm water facilities would be able to handle run-off from the house, porch, driveway and deck. The system proposed is an infiltrator system that operates in the same way as a Cultec system. There are 10 units being installed to handle the storm water run-off. The percolation test-holes were dug to 24 inches and the results of the test did not indicate a high water table in the area tested. Mr. Accurso stated his concern because should the applicant have a problem with water in the basement of the new home, and a sump pump is installed, he wondered where the pumped water would be discharged. Mr. Nowak responded that the applicant would have to address any future basement flooding with additional drywells. He also advised that if a high water table is present, it would be evident, during the footing inspection and the condition could be dealt with at that time. Mr. Accurso stated his concern that a sump pump may, in future be connected to the sanitary sewer line, which is illegal. Chairman Zuckerman suggested that Mr. Nowak speak to the Building Inspector and advise him of the concerns discussed at the meeting, which may be worked out with Mr. Marchesani. Mr. Grzan stated that he would like the record to state that the applicant complied with all requests and resolved the issues, and it is his opinion that the application was now complete. There being no further discussion, on a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll, and the Public Hearing was closed: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER YES 3 Rye Brook Planning Board October 10,2013 MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Chairman Zuckerman asked the Board if there was a consensus to act on the application at that time. There was a unanimous voice vote to move the application forward, and Chairman Zuckerman asked Mrs. Gray to read the draft resolution. Mrs. Gray read the resolution: RESOLUTION CONSIDERING A SITE PLAN TO DEMOLISH AN EXISTING SINGLE FAMILY DWELLING AND CONSTRUCT A NEW SINGLE FAMILY DWELLING AT PROPERTY LOCATED AT 7 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Mr. Stephen Marchesani, Architect, ("Applicant") submitted an application on behalf of property owner Mr. Paul Cuzzupoli, ("Property Owner") for approval of a site plan to demolish an existing single family dwelling and construct a new single family dwelling on property located at 7 Lincoln Avenue, in the R-10 and the Lincoln Avenue Scenic Roads Overlay District zoning districts, designated as Section 135.74, Block 1, Lot 4 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Application 2. Building Permit Checklist and Zoning Analysis 3. Site Plan Application and Checklist 4. Short Environmental Assessment Form 5. Survey, prepared by Kulhanek and Plan, P.C., Pound Ridge, N.Y., dated November 8, 2012 6. Topographic Survey, prepared by The Munson Company, Elmsford, N.Y., dated September 30, 2013 7. Architect's Plans, prepared by Stephen Marchesani, Registered Architect, Purchase, N.Y.: Sheet Number Sheet Title Dated C1 Zoning Analysis 7/22/13 C2 Site Plan 7/22/13 C3 Landscape Plan 7/22/13 Al Front Elevation 7/22/13 4 Rye Brook Planning Board October 10,2013 A2 Foundation Plan 7/22/13 A3 First Floor Plan 7/22/13 A4 Second Floor Plan 7/22/13 A5 Elevations 7/22/13 A6 Elevation 7/22/13; and WHEREAS, on September 19, 2013 the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type II Action requiring no additional review under SEQRA; and WHEREAS, on September 19, 2013, after reviewing the recommendation of the Village Engineer/Superintendent of Public Works dated September 18, 2013, the Applicant's request for a waiver from the requirement for the submittal of a topographic survey was denied; and WHEREAS, on October 10, 2013, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Planning Board closed the public hearing on October 10, 2013, 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 Lincoln Avenue corridor in the vicinity of the subject property to determine whether or not the proposed development is architecturally compatible with any surrounding structures, and whether or not the important scenic and natural features will be preserved if the proposed dwelling is constructed; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby finds that the proposed single family dwelling will not adversely affect the visual resources of the Lincoln Avenue Scenic Road Overlay District and does preserve the existing scenic character of the Lincoln Avenue corridor because it is architecturally compatible with the 5 Rye Brook Planning Board October 10,2013 surrounding area, and hereby approves the site plan referenced herein to demolish an existing single family dwelling and construct a new single family dwelling located at 7 Lincoln Avenue. 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. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll, and the site plan was approved: MR. ACCURSO YES MR. GOODMAN ABSENT MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES NEW BUSINESS 2. 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, ParcelI.D. 135.82-1-11 • Consideration of a Report and Recommendation Mr. Demetrios Adamis, Esq. addressed the Board on behalf of the applicant and gave an overview of the application. The professional office is an accounting and bookkeeping service, and the building also has two apartments. The applicant owns and operates the professional office and lives in one of the apartments. The attic floor and the basement are used only for storage. The exterior of the building has remained unchanged since it was originally constructed. When the applicant purchased the property four businesses were in operation in the building. The owner received a use variance because only two businesses were allowed at that time. Sometime later the first floor was converted to an apartment. The current office space is a simple open room with no waiting area and it operates 5 days a week from 10 am to 6 pm and Saturdays during tax season from 10 am to 3 pm. The applicant is the sole employee, except for a seasonal employee during income tax time. The existing parking area has 7 parking spaces, which the applicant believes is adequate for the uses currently on the property; however, eight parking spaces are required by the Village Code. Mr. Adamis provided an updated site plan that shows an eighth parking space in what is currently an area of lawn. The applicant requested that the eighth parking space be approved as shown, but also requested that it is land banked until such time as it may be needed. Mrs. Gray noted that the Town of Rye Existing Conditions Map and tax records show 6 Rye Brook Planning Board October 10,2013 that the house and the detached garage were built prior to the adoption of the Town of Rye's first Zoning Code. She went on to say that there is a legal significance to the construction date because a provision of the R2-F District includes a list of additional requirements for the conversion of a one-family dwelling to a two-family dwelling if the structure existed prior to the adoption of the 1931 Zoning Code. Mr. Izzo issued a second zoning analysis memo in which he provides comments for the latest plan he reviewed that includes the land banked parking space. The new memo includes the comment that the area of the potential additional impervious surface coverage should be calculated and shown on the plans. In addition, to legalize the existing apartments, the applicant must submit a full set of floor plans and elevation drawings for review to determine compliance with Section 250-25 L 2 of the Village Code. Chairman Zuckerman advised Mr. Adamis that the site plan review, requested plans, and the additional impervious surface calculations are the remaining open issues. After further discussion regarding the additional parking space, Chairman Zuckerman adjourned the application to the November 14, 2013 meeting to provide time for Mr. Adamis to meet with the Building Inspector and Mr. Nowak to resolve the open issues just discussed. 3. 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 draft amendments to the Village Code in the local law would eliminate site plan review by the Planning Board for applications that involve expansions of single family homes that exceed the "50% rule"when the proposed project does not require any variances. He reminded the Board that it reviewed the local law at the last meeting, and that Mrs. Gray revised the draft local law according to the discussion at the last meeting to include two-family homes in the amendments and clarify language. Mr. Grzan voiced his belief that the proposed amendments would set aside the planning process for alterations to the homes that would no longer come before the Planning Board. He had particular concern regarding storm water issues that commonly are part of such applications and how storm water issues would be resolved. Mr. Nowak explained that storm water issues and storm water management would be handled by administrative review in the Public Works and Engineering Departments. Mr. Grzan responded that tree preservation and storm water management are, in his mind, the two big issues that benefit from review by the Planning Board even if they would otherwise be reviewed by the Village staff. Mr. Laufer agreed with Mr. Grzan, in that there would not be the checks and balances that exist now when the Planning Board also reviews single and two-family alteration applications. 7 Rye Brook Planning Board October 10,2013 Chairman Zuckerman stated his belief that the Building, Engineering, and Public Works Departments are capable of handling all the issues that come up when reviewing modifications to single and two-family site plans. Mr. Laufer and Mr. Grzan agreed, but stated their belief that the Planning Board is important to the process. The Chairman noted that there were two members from the Board who were absent and adjourned a vote on the report and recommendations until November 14, 2013 when additional members of the Board would be present. Board members objected to the Chairman's request to add to the Agenda the potential change of the starting time for Planning Board meetings to 7:30 PM. Chairman Zuckerman stated that the matter will therefore be included as a regular item on the November 14, 2013 agenda. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned at 9:04 pm by unanimous voice vote. 8 Rye Brook Planning Board October 10,2013