HomeMy WebLinkAbout2013-11-14 - Planning Board Meeting Minutes Approved:January 9,2014
VILLAGE OF RYE BROOK
PLANNING BOARD
REGULAR MEETING
VILLAGE HALL, 938 KING STREET
Thursday November 14, 2013 - 8:00 p.m.
ROLL CALL
MINUTES
Review of minutes from the following Planning Board meetings:
May 9, 2013; June 13, 2013; July 11, 2013
PUBLIC HEARING
1. 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
CONTINUED 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
NEW BUSINESS
4. Consideration of a Site Plan Application by Malek Samad to demolish an existing single
family dwelling and construct a new single family dwelling at 20 Beechwood Boulevard,
Rye Brook,NY, Parcel ID 136.29-1-9
• Consideration of a Resolution to Set a Public Hearing
5. Consideration of a Site Plan Application by Kevin Teo for the legalization of site work
and proposed site work, including but not limited to reconstruction of a pool deck and
patio, widening of existing driveway, construction of retaining walls, construction of
paved pathways, placement of fill and re-grading of the rear yard at 70 Winding Wood
Road South, Rye Brook, NY, Parcel ID 135.34-1-36
0 Consideration of a Resolution to Set a Public Hearing
6. Consideration of Proposed Site Plan and Wetlands Permit Applications by Frank
Chiarello to demolish an existing single family dwelling and construct a new single
family dwelling at 8 Edgewood Drive, Rye Brook,NY, Parcel ID 135.28-1-28
• Sketch Plan Review
7. Consideration of an amendment to the Planning Board Rules of Procedure to change the
time of regular meetings of the Planning Board from 8:00 pm to 7:30 pm
• Consideration of a Resolution
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/Superintendent of Public Works
Ms. Shari Melillo, Planning Board Secretary
Mr. David Heiser— Planning Board Liaison
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 along with streaming video of the
Planning Board meetings.
The Chairman called for review of the minutes from the May 9, 2013, June 13, 2013, and July
11, 2013 Planning Board meetings.
On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll
and the three sets of minutes were approved:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA YES
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CHAIRMAN ZUCKERMAN YES
Chairman Zuckerman called for the first item in the order of business.
1. 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
Chairman Zuckerman explained that the application was on the December Zoning Board of Appeals
agenda, and adjourned the Public Hearing to the December 12, 2013 Planning Board meeting.
Chairman Zuckerman called for the next item in the order of 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
Chairman Zuckerman stated that the Applicant requested an adjournment to the December 12,
2013 meeting, which was granted.
Chairman Zuckerman asked that the next item of business, review of a local law referral from the
Trustees, be moved to the end of the agenda. The Chairman then called for the following item in
the order of business.
4. Consideration of a Site Plan Application by Malek Samad to demolish an existing single
family dwelling and construct a new single family dwelling at 20 Beechwood Boulevard,
Rye Brook,NY, Parcel ID 136.29-1-9
• Consideration of a Resolution to Set a Public Hearing
Mr. Laufer explained that his home is located just under 250 feet away from the lot that is the
subject of the application; however, he believed that he could impartially review the application.
He declined to recuse himself from review of the application and asked whether the applicant
had any objection to his participation in the review of the application.
The applicant responded that he had no objections to Mr. Laufer's participation in the review.
Keith Potensky, Esq., the attorney representing the applicant, addressed the Board and gave an
overview of the project. He explained that the proposed site plan would not require any
variances. He received comments from the Village consultants and staff, noting that most of the
comments were technical in nature, which can be addressed in the next plan revisions.
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Rye Brook Planning Board
November 14,2013
Mrs. Mohamed addressed the Board stating that she has reviewed the application and noted the
plans include two grading plans that are inconsistent, which should be corrected. In regard to tree
removal, the plans show that at least 15 trees, including one significant tree, would be removed
during construction; however, the exact number of trees to be removed should be clarified. In
addition, the landscape plan may not include the appropriate number of replacement trees
required by the Village Code.
Mrs. Gray added that the application forms raise a question as to who is the property owner,
which needs to be clarified. If the Applicant is not the property owner, a letter of authorizing the
applicant to apply for site plan approval should be provided.
Mr. Nowak stated that the application was sent to Dolph Rotfeld for review of the stormwater
management plan, and Mr. Rotfeld's office issued a comment memo. He noted that most of Mr.
Rotfeld's comments were minor issues that could be easily addressed. The gravel driveway is
considered to be an impervious surface by the Village Code, so the driveway surface area must
be included in the stormwater calculations.
Chairman Zuckerman added that additional information regarding the attic space over the garage
and attic space over the main area of the home must be provided so the Building Inspector can
determine if the gross floor area (GFA) of the home complies with the maximum allowable GFA
of the lot. Given the additional information required, the Chairman asked the Board to consider
whether it wants to call for a Public Hearing or wait until the next meeting when the Board has
all the information requested.
Mr. Brad Demott, architect for the applicant, addressed the Board, stating his belief that 18 trees
were proposed to be removed. He also stated that the landscape plan would be revised as
requested and that he believed that the GFA proposed is compliant with the Village Code GFA
requirement for the district. A draft Construction Management Plan also will be submitted for
review, as requested by the Planning Board.
Chairman Zuckerman added that the Construction Management Plan would be approved by the
Village Engineer.
Mr. Laufer expressed concern regarding construction and the Construction Management Plan
because there may be construction occurring on a lot across the street around the same time as
the construction occurring at the subject property. He suggested that the neighborhood should be
advised when construction starts so they know what to expect.
Mr. Tartaglia stated that the Zoning Table treats the existing structure as if it is demolished;
however, it is still standing. He wanted to see the current zoning compliance of the site compared
to the proposed compliance of the new site plan because it is important information that the
public should have for the Public Hearing.
Mr. Accurso asked if water that may enter the basement would be pumped out of the basement
into the proposed storm water management system, to which Mr. Massaro responded "Yes" and
he added that percolation tests were performed which confirmed that the water from a 25 year
storm can be retained on site; however, stormwater beyond what is expected from a 25-year
storm would be discharged into the Village's storm water system. Mr. Nowak added that
stormwater would enter the stormwater system through the underground Cultec units and excess
water that cannot be retained would be piped to flow into the Village storm sewer system. The
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intent of the design is that there would be no net increase in stormwater runoff from the lot post
construction. Mrs. Gray was asked to read the resolution setting the Public Hearing:
RESOLUTION
_SETTING A PUBLIC HEARING CONCERNING AN APPLICATION
FOR SITE PLAN APPROVAL FOR 20 BEECHWOOD BOULEVARD
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Mr. Malek Samad submitted an application for approval of a site plan
to demolish an existing residence and construct a new two-story residence with attached
garage, parking court, driveway, and rear-yard patio at 20 Beechwood Boulevard, in the R-25
District designated by Property ID 136.29-1-9 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 December 12, 2013 at 7:30 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 pursuant to General Municipal Law X239-m
and the Westchester County Administrative Code, the Site Plan application shall be referred
to Westchester County Department of Planning no less than 30 days prior to the public
hearing concerning the application and pursuant to General Municipal Law 5239-nn and the
Westchester County Administrative Code, notice of the public hearing shall be given to the
Village of Port Chester no less than 10 days prior to the public hearing.
BE IT FURTHER RESOLVED, that the Applicant is directed to comply with
Section 250-40 of the Village Code regarding notification.
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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 YES
CHAIRMAN ZUCKERMAN YES
Chairman Zuckerman called for the next item in the order of business.
5. Consideration of a Site Plan Application by Kevin Teo for the legalization of site work
and proposed site work, including but not limited to reconstruction of a pool deck and
patio, widening of existing driveway, construction of retaining walls, construction of
paved pathways, placement of fill and re-grading of the rear yard at 70 Winding Wood
Road South, Rye Brook, NY, Parcel ID 135.34-1-36
• Consideration of a Resolution to Set a Public Hearing
Nathaniel Holt, P.E., engineer for the applicant, addressed the Board and provided an overview
of the project, noting that the work would correct an eroding slope around an existing swimming
pool and deck with new grading and retaining walls, and create a parking area adjacent to the
driveway, as well as install some stormwater management. Although impervious surface
coverage on the lot would be reduced by 450 square feet, a stormwater management system to
handle storm water runoff from the driveway and parking area would be installed.
Mrs. Mohamed addressed the Board advising that the Building Inspector did not complete a
zoning analysis of the site plan because there were set back dimensions missing from the plans.
She also noted that a portion of an existing retaining wall on the property is located in the right
of way of Winding Wood Road South. With respect to tree removals, it was unclear how many
trees were removed and would be removed from the site, so the number of replacement trees to
be added to the landscape plan was not determined.
Mr. Nowak added that the storm water management plan captures run off from the house and the
driveway for a 25 year storm, but capturing runoff from the patio is difficult because there is no
way to channel the water into a drywell. The landscape plan and tree removals were still an open
issue because some of the trees in question may be located on the neighbor's property.
Mrs. Gray asked if the retaining wall in the right of way would remain in the right of way or if it
would be removed, to which Mr. Teo, the applicant responded that he was willing to remove it.
Mrs. Gray was asked to read the resolution setting the Public Hearing:
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RESOLUTION
SETTING A PUBLIC HEARING CONCERNING AN APPLICATION
FOR APPROVAL OF A SITE PLAN AND A STEEP SLOPES WORK PERMIT
FOR 70 WINDING WOOD ROAD
VILLAGE OF RYE BROOK PLANNING BOARD
WHEREAS, Mr. Kevin Teo, property owner, submitted an application for approval
of a site plan and a steep slopes work permit to construct decks surrounding an existing
swimming pool and adjacent to the home, install storm water management facilities, add fill
to the rear yard, construct retaining and landscape walls, construct walkways, remove trees,
install a shed, and expand the existing driveway at 70 Winding Wood Road, in the R-15
District, designated as Section 135.34, Block 1, Lot 36 on the Town of Rye Tax Assessor's
1Nlap.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Planning Board shall hold a Public Hearing on December 12, 2013 at 7:30 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.
The Chairman called for a motion on the resolution setting the Public Hearing for 70 Winding
Wood Road and a motion made by Mrs. Schoen and seconded by Mr. Goodman. However, due
to the necessity to vote on the proposed change to the start-time for Planning Board meetings
before setting the public hearing, the motion was tabled to proceed with the procedural
resolution.
Chairman Zuckerman called for the amendment to the Planning Board Rules of Procedure, the
next item in the order of business.
6. Consideration of an Amendment to the Planning Board Rules of Procedure to change the
time of regular meetings of the Planning Board from 8:00pm to 7:30pm
• Consideration of a Resolution
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Mrs. Gray was asked to read the resolution:
RESOLUTION
CONSIDERING AN AMENDMENT TO THE
PLANNING BOARD RULES OF PROCEDURE
VILLAGE OF RYE BROOK PLANNING BOARD
BE IT RESOLVED, that the Planning Board Rules of Procedure are hereby
amended to change the time of regular meetings of the Planning Board from 8:00 p.m. to
7:30 p.m.
On a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, Mr. Nowak called the roll
and the resolution to change the meeting time to 7:30 pm was approved:
MR. ACCURSO YES
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA YES
CHAIRMAN ZUCKERMAN YES
Chairman Zuckerman called for the previous item in the order of business, and called for a
motion on the resolution setting the Public Hearing for 70 Winding Wood Road.
On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll
and the resolution setting the public hearing was approved:
MR. ACCURSO YES
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.
7. Consideration of Proposed Site Plan and Wetlands Permit Applications by Frank
Chiarello to demolish an existing single family dwelling and construct a new single
family dwelling at 8 Edgewood Drive, Rye Brook,NY, Parcel ID 135.28-1-28
• Sketch Plan Review
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Chairman Zuckerman recused himself from review of the sketch plan because his property is
adjacent to 8 Edgewood Drive along the common rear property line. Mr. Goodman was chosen
to act as Chairman for the application review.
Mr. Edward Lombardi and his associate Rick Lafontaine gave the Board an overview of the
proposed project that would demolish the existing two bedroom home and construct a new,
larger, home. The developer proposed a home with a 2,200 square-foot footprint. The wetlands
on the property and drainage in the area flow into and through the property. The back yard of the
property is partially within the wetlands that were flagged. The new site plan would increase
impervious surface coverage on the lot 670 square feet over the current imperious surface
coverage. The proposed site plan locates the new house in the same location as the current home,
and the proposed stormwater management system would utilize a Cultec system to capture all
stormwater run off from the roof. Mrs. Mohamed stated that the wetlands regulations in the
Village Code require that a complete wetland delineation report with field notes be submitted.
She had questions regarding the extent and quality of the wetland and the location of what the
applicant calls mitigation that cannot currently be answered without a complete wetland
delineation report, soil sample data and a functional analysis of the wetland, which should be
submitted when the Applicant files a site plan application. When the Board reviews the full
application, it should consider the impacts of the site plan on the buffer and the wetland, as the
Village Code requires that the site plan be designed to create the smallest possible impact.
Mr. Nowak stated that he could not presently comment on the storm water management
proposed because the site is unique, and development of the site will require a unique
stormwater management system. He asked that the Board give the applicant direction regarding
the proposed site plan. He added, with regard to stormwater management that the applicant
performed percolation tests that indicated the ground water table is located 5 feet below grade.
Mrs. Gray advised the applicant that when a full application is submitted, the Village requires the
new EAF form, the name of the property owner should be revised to be 8 Edgewood, LLC, and
the applicant should submit a letter of authorization from the owner.
Mr. Accurso had a discussion with the applicant regarding the design of the storm water
management plan. Mr. Nowak added that the stormwater management system proposed must
comply with all the requirements of the Village Code. Mr. Goodman agreed that the lot is part of
a very complicated area drainage system; however, he expressed the belief that review of the
proposed site plan cannot proceed until the Board received the requested information and
analysis regarding the wetlands. He believes the applicant needs to work with the Village
consultants and the Village Engineer to design an acceptable and adequate stormwater
management system. He asked if the current basement is dry, to which the applicant responded
that the basement is dry because a sump pump was installed to keep water out of the basement.
Mr. Grzan expressed his belief that the drainage problems on the lot cannot be solved at this
time, but impacts to the wetlands can be reduced by sizing and placing the house where it would
create the smallest impacts to the wetlands and wetland buffer.
Mrs. Schoen agreed with most of what was said. There were a lot of unknowns about the site
plan and the property that should be resolved when the applicant works with the Village staff and
consultants. She was interested in any mitigation required and the landscape plan but agreed until
the issues are defined, the appropriate design for the site cannot be determined.
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Mr. Tartaglia agreed that all the details of the site design will be driven by the wetland
information, and he wanted to visit the property.
Mrs. Gray advised the applicant the next step was to submit a formal, complete application to the
Village for review. When the application is complete and is before the Board at a meeting, the
Board would consider setting a Public Hearing, and could schedule a site visit. Mr. Laufer
believed that the Board knows the applicant wants the project to improve the site, and by
working with the Board he believed the project can be designed to implement the desired
improvement. Mr. Goodman explained that any engineering issues will be resolved through a
team effort. He advised the applicant that the Village staff and consultants are accessible and are
very good at what they do. He strongly suggested the applicant work with the Village staff and
consultants to utilize their expertise.
Mr. Goodman stepped down as Acting Chairman. Chairman Zuckerman returned to the Board
and called for the next item in the order of business.
8. 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 proposed amendments in the Local Law would
eliminate Planning Board review of the site plans for existing single family home applications
that would increase the gross floor area (GFA) of the existing home by 50% or more when no
variances are required. He reminded the Board that recommendations were made at the last
meeting to include existing two family home applications in the amendments, and to modify
some of the language in the amendments. The recommendations were added to the Board's draft
report.
Mrs. Gray was asked to read the draft Report and Recommendation:
PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND
RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK
BOARD OF TRUSTEES ON THE
PROPOSED LOCAL LAW AMENDING CHAPTERS 8 AND 209 OF THE
VILLAGE CODE REGARDING SITE PLAN REVIEW
I. PROJECT OVERVIEW
On September 10, 2013, Village of Rye Brook Board of Trustees ("BOT") referred a
to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report
and Recommendation a proposed local law amending Chapters 8 and 209 of the Village of
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November 14,2013
Rye Brook Code ("Village Code") regarding site plan review for additions to existing one-
family dwellings.
Currently, Chapter 209 of the Village Code requires site plan review for additions,
exterior alterations or major expansions of existing buildings (residential and commercial)
which result in an increase of 50% or more of the existing gross floor area ("GFA") —
commonly referred to as the "50% rule." The proposed local law would exclude one-family
dwellings from the 50% rule, but only if the addition, alteration or major expansion does not
require any variances. The proposed addition, alteration or major expansion of an existing
one-family dwelling would remain subject to the other existing site plan review triggers set
forth at Section 209-1(B) of the Village Code. For example, if a proposed addition would
require a Steep Slopes Permit or Wetland Permit the addition would still require site plan
review.
In addition, the proposed local law would amend the site plan review trigger set forth
at Section 209-1(B)(10). Currently, Section 209-1(B)(10) requires site plan review for any
land disturbance that results in a change of elevation greater than one foot across an area of
300 square feet. The local law would amend this provision to increase the area to 400 square
feet to be consistent with the area of site disturbance that requires storm water management,
as set forth in Chapter 217.
II. PLANNING BOARD DISCUSSION
The Planning Board reviewed this local law at its September 19, 2013, October 10,
2013 and November 14, 2013 meetings, discussed to what extent site plan review for
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expansions to one-family and two-family dwellings should be required, and provided the
following comments:
1. The local law should be revised to expand its scope to two-family dwellings.
2. More applications should be handled administratively, but there is a concern
that without site plan review by the Planning Board there is loss of control
over preserving the existing character of a neighborhood. However, even
though additions that increase the existing GFA by more than 50% would not
be reviewed by the Planning Board under the proposed local law, the
Architectural Review Board would retain jurisdiction to review the
architectural plans and such review provides safeguards against additions may
be out of character with the existing neighborhood.
III. PLANNING BOARD RECOMMENDATIONS
After discussion and consideration of the comments provided by Village Staff and
the Village's Planning Consultant, the Planning Board recommends approval of the
proposed local law, subject to the following revisions:
The first sentence of Section 209-1(B)(2) of the local law should be revised as follows
to include two-family dwellings within its scope and to set forth the exception at the
beginning of the provision:
Except where an addition, exterior alteration or major expansion is performed to an
existing one-family or two-family dwelling and no variances are required, Aadditions,
exterior alterations or major expansions performed to an existing building which
result in an increase of 50% or more of the gross floor area of the existing building.
Dated: Rye Brook, New York
November 14, 2013
The Board discussed the proposed amendments and the draft report and recommendations. Mr.
Grzan was concerned that the amendments would allow construction of large additions to homes
without the benefit of site plan review by the Planning Board. Chairman Zuckerman responded
that the areas of concern regarding site plans, i.e. stormwater management and engineering
matters, steep slopes disturbances, visual impacts to scenic roads, site plans requiring variances,
large site disturbances by grading plans, disturbances of wetlands and wetland buffers would still
be required to be reviewed by the Planning Board.
Mr. Tartaglia asked if, under the new law, any of the items on the agenda that night would come
to the Planning Board for review. Mrs. Gray responded that all the items on the agenda would be
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November 14,2013
reviewed by the Planning Board if the amendments are adopted. She further explained that any
new construction or tear down applications would require site plan review under the new
regulations. Mr. Tartaglia responded with his belief, based on Mrs. Gray's answer, that the
Planning Board would still review applications that need the expertise of the Planning Board if
the amendments are adopted.
Mr. Laufer expressed belief that the amendments would undermine the synergy between the
Planning Board and the Building Department. He believed the Board provides a check and a
balance to the Building Department, and it provides the public with the right and opportunity to
come before us to make their concerns regarding a project known. It was his opinion both
benefits would be lost if the amendments are adopted.
Mrs. Timpone-Mohamed reminded the Board that earlier amendments to the Village Code
regarding building bulk, setbacks, scenic roads, impervious surface coverage, storm water
management, steep slopes, wetlands and large lot subdivisions would remain in effect after the
amendments are adopted. The current regulations will continue to guide site plan and building
design. So, if a house is proposed to be expanded by 50% or more and it does not require a
variance, the regulations in the Code will still work together to influence the design of the house,
its location on the lot, and minor site work to be appropriate for the neighborhood whether or not
the Planning Board also reviews the application. Mr. Accurso agreed with Mrs. Mohamed, but he
believed that the bulk standards should be reviewed and perhaps amended. With respect to the
amendments currently before the Board, he expressed his belief that the Architectural Review
Board (ARB) looks at elevations, and the ARB would not look at the issues that the Planning
Board reviews.
Mrs. Schoen added that the Architectural Review Board is mainly concerned with the look of a
proposed building or addition. The ARB does not discuss the issues relative to the site design
that the Planning Board reviews.
Mr. Goodman added his concern that applicants may become creative to circumvent the
regulations. He was concerned that there may be a lot of applications that succeed in slipping
thru the Planning Board process. Chairman Zuckerman stated the Board appeared to be divided
on the amendments before it. He suggested adjourning the discussion to the next meeting, and
asking the Village staff to research applications over the last 5 years to get a sense of how many
applications would not have been reviewed by the Planning Board under the proposed
amendments.
The Board asked David Heiser, the Board of Trustees liaison to the Planning Board, to explain
the genesis of the proposed amendments.
Trustee Heiser explained the amendments were part of an overall desire on the part of the Board
of Trustees to streamline and simplify the land use application review process for applicants in
Rye Brook.
Mr. Goodman believed there may be another approach to the concerns of the Trustees. He
suggested developing a procedure to allow an application being reviewed by the Building
Department to come to the Planning Board if there were issues with the application.
After further discussion, Trustee Heiser stated that he found it difficult to imagine that a
proposed 95% increase in the GFA of a home would not create other issues that would trigger
site plan review by the Planning Board.
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There was a motion made by Mr. Laufer and seconded by Mr. Accurso to vote on the draft
Report and Recommendation. Mr. Nowak was asked to call the roll, and the Report and
Recommendations was adopted:
MR. ACCURSO NO
MR. GOODMAN YES
MR. GRZAN NO
MR. LAUFER NO
MRS. SCHOEN YES
MR. TARTAGLIA YES
CHAIRMAN ZUCKERMAN YES
Mrs. Gray was asked to read the resolution referring the adopted Report and Recommendations
to the Board of Trustees:
RESOLUTION
AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO
THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE
PROPOSED LOCAL LAW AMENDING
CHAPTERS 8 AND 209 OF THE VILLAGE CODE REGARDING
SITE PLAN REVIEW
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 proposed local law amending Chapters 8 and 209 of the Village Code regarding site plan
review 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. Grzan, Mr. Nowak called the roll, and
the resolution referring the Report and Recommendations was approved:
MR. ACCURSO NO
MR. GOODMAN YES
MR. GRZAN YES
MR. LAUFER YES
MRS. SCHOEN YES
MR. TARTAGLIA YES
CHAIRMAN ZUCKERMAN YES
On a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, the meeting was adjourned at
10:52 pm by unanimous voice vote.
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