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HomeMy WebLinkAbout2013-12-12 - Planning Board Meeting Minutes APPROVED:3/13/14 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday December 12, 2013 - 7:30 p.m. ROLL CALL MINUTES Review of minutes from the following Planning Board meetings: September 13, 2012; July 25, 2013; October 10, 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 Project Update 2. 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 Considering Possible Resolution 3. 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 Considering Possible Resolution CONTINUED BUSINESS 4. 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 • Application to be Adjourned NEW BUSINESS 5. Local law Amending Chapters 209 and 250 of the Village Code regarding Shopping Centers. 6. Review of an application by Kip Konigsberg on behalf of K&M Realty, Ltd for approval of an Amended Site Plan to decrease the number of dwelling units from 18 to 10 dwelling units for the property located on the south side of Bowman Ave, Rye Brook, NY, Parcel I.D. 141.26-1-1.1 • Considering a Report and Recommendation to the Board of Trustees PRESENT BOARD Mr. Domenic Accurso Mr. Rob Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Chairman Gary Zuckerman EXCUSED 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 along with streaming video of the Planning Board meetings. The Chairman called for the first agenda item, review of minutes from the September 13, 2012, July 25, 2013, and October 10, 2013 meetings. There being no questions or comments, 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 YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES The Chairman called for the next item on theagenda. 2 Rye Brook Planning Board December 12,2013 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 Chairman Zuckerman recused himself from review of the application because he is a neighbor of the applicant. Mr. Goodman was called to sit as acting Chairman for the review. Mr. Goodman explained that the Public Hearing on the application would open next month, but the applicant was present to give the Board an update on the progress of work to respond to comments from the Board and the applicationto the Zoning Board of Appeals. Mrs. Oling addressed the Board stating that the Zoning Board granted all the variances requested. After receiving comments from Dolph Rotfeld's office, and Board Member Mr. Accurso at the last meeting, the storm water management plan would be improved to capture storm water run-off from more impervious surfaces on the lot. In addition, the design of the rain garden was being refined after consultation with the County of Westchester Planning Department. Acting Chairman Goodman noted for the public that the Public Hearing on the matter would be held on January 9,2014. Acting Chairman Goodman stepped down and returned to his seat. Chairman Zuckerman resumed his position and called for the next item in the order of business. 2. 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 • Considering Possible Resolution The Chairman called for a motion to open the public hearing. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Mr. Keith Potensky, Esq., Mr. Vincent Massaro, P.E., and Mr. Brad Demott, R.A. were present to represent the applicant. Mr. Potensky addressed the Board first, giving a brief overview of the project and stating that, in his opinion, all the consultants' comments were addressed. He noted that a letter was received by the Village from a neighbor of the applicant who has concerns regarding potential flooding. Mr. Potensky stated that currently 3 Rye Brook Planning Board December 12,2013 the property has no storm water management, so the proposed storm water management should improve any conditions related to run-off after it is installed. Mrs. Timpone-Mohamed addressed the Board stating that the applicant altered the landscape plan to provide the appropriate number of shade trees to replace those trees being removed. The other outstanding issue was the grading around the patio area in the rear yard. The grading was reviewed by the Village Engineer who made recommendations for revision of the grading plan. The Applicant agreed to respond to the comments that Mr. Nowak provided. Mr. Nowak added that the overall storm water management plan for the site was reviewed by Dolph Rotfeld's office. It is adequate for management of a 25-year storm. Mr. Carey of 18 Beechwood Blvd. addressed the Board and thanked the Board for addressing his letter. He stated that he and his wife have concerns about the proposed storm water management and whether it will be effective. They have had flooding for many years between their home and the Applicant's home and were concerned about the drainage issues. Chairman Zuckerman responded that the system proposed should capture storm water as planned, based on the review and comments of the Board's engineering consultant. Mr. Nowak explained that the Village code requires capture of all storm water from a 25-year storm, which will create a significant change in the amount of run-off leaving the property. Currently, the lot has no storm water management system, so there should be a vast improvement. In addition, Mr. Rotfeld, who reviewed the plan, was very aware of the drainage issues. Mr. Accurso asked about water removal from the basement and why the junction box to the storm sewer was not shown on the plans. Mr. Massaro confirmed that the box would be added to the plans. The Chairman called for any additional comments from the public. There were no other comments offered and the Chairman called for a motion to close the public hearing. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the Public Hearing was closed: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES The Chairman asked if anyone on the Board had an objection to calling for a vote on the matter rather than waiting until the next meeting to do so. There was no objection, so the Chairman asked Mrs. Gray to read the resolution. 4 Rye Brook Planning Board December 12,2013 RESOLUTION CONSIDERATION OF APPLICATION FOR APPROVAL OF A SITE PLAN TO CONSTRUCT A NEW TWO-STORY RESIDENCE LOCATED AT 20 BEECHWOOD BOULEVARD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Malek Samad, sole shareholder of property owner Clard Corp., submitted an application for approval of a Site Plan to construct a new two-story residence with attached garage, parking court, driveway, and rear-yard patio at 20 Beechwood Boulevard in the R-25 zoning district, Section 135.29, Block 1, Lot 9 as shown 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. Exterior Building Permit 4. Short Environmental Assessment Form 5. Tree Removal Permit Application 6. Construction Management Plan, prepared by DeMotte Architects, Ridgefield, C.T. dated November 26, 2013 7. Tree Survey revised November 25, 2013 8. Topographic Survey prepared by Richard J. Domato, Land Surveyor, Mount Vernon, N.Y. dated Revised, October 30, 2013 9. Letter of Authorization from Clard Corporation, West Harrison, N.Y. notarized November 26, 2013 10. Project Report prepared by Vincent A. Massaro, P.E., Yonkers, N.Y. dated Revised, November 25, 2013 11. Project Report prepared by Vincent A. Massaro, P.E., Yonkers, N.Y. dated Revised, October 30, 2013 12. Project Report prepared by Vincent A. Massaro, P.E., Yonkers, N.Y. dated September 26, 2013 13. Letter to the Planning Board from McCullough, Goldberger and Staudt, LLP, White Plains, N.Y. no date, received December 4, 2013 14. Letter to the Planning Board from DeMotte Architects, Ridgefield, C.T. dated November 26, 2013 15. Letter to the Planning Board from DeMotte Architects, Ridgefield, C.T. dated October 31, 2013 16. Memorandum to the Rye Brook Village Engineer from Dolph Rotfeld Engineering, P.C. dated October 29, 2013 17. Letter to Mr. Malek Samad from the Village of Rye Brook Engineering Department dated October 16, 2013 18. Memorandum to the Planning Board from the Village of Rye Brook Building and Fire Inspector dated November 12, 2013 19. Memorandum to the Planning Board from the Village of Rye Brook Building and Fire Inspector dated October 2, 2013 20. Planting Plan, prepared by Studer Design Associates, Inc., Ridgefield, C.T. dated September 12, 2013, revised 12/10/13 21. Planting Plan, prepared by Studer Design Associates, Inc., Ridgefield, C.T. dated September 12, 2013 5 Rye Brook Planning Board December 12,2013 22. Architectural Plans prepared by DeMotte Architects, Ridgefield, C.T.: Sheet Number Sheet Title Date SP-1 Site Plan 9/17/13 rev. 11/25/13 A-1 Foundation/Basement Plan 9/17/13 A-2 First Floor Plan 9/17/13 A-3 Second Floor Plan 9/17/13 A-5 Front Elevation 9/17/13 A-6 Riglit Side Elevation 9/17/13 A-7 Rear Elevation 9/17/13 A-8 Left Side Elevation 9/17/13 A-9 Building Sections 11/25/13 A-10 Building Sections 11/25/13 A-11 Building Height/Setback Ratios 9/17/13 23. Engineer's Plans prepared by Vincent A. Massaro, P.E., Yonkers, N.Y.: Sheet Number Sheet Title Date 1 of 9 Existing Conditions 9/25/13 rev. 11/20/13 2 of 9 Soil Testing for Stormwater Treatment System 9/25/13 rev. 11/20/13 3 of 9 Demolition and Removals Plan 9/25/13 rev. 11/20/13 4 of 9 Steep Slope Analysis Plan 9/25/13 rev. 11/20/13 5 of 9 Proposed Site Improvements 9/25/13 rev. 11/20/13 6 of 9 Site Grading Plan 9/25/13 rev. 11/20/13 7 of 9 Sediment and Erosion Controls 9/25/13 rev. 11/20/13 8 of 9 Tree Removal Plan 9/25/13 rev. 11/20/13 9 of 9 Details 9/25/13 rev. 11/20/13 WHEREAS, on November 14, 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, pursuant to General Municipal Law §239-m and the Westchester County Administrative Code the application was referred to the Westchester County Department of Planning on November 21, 2013 and Westchester County provided a response on November 22, 2013; and WHEREAS, pursuant to General Municipal Law §239-nn and the Westchester County Administrative Code the application was referred to the Village of Port Chester on November 21, 2013; and WHEREAS,the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, on December 12, 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 December 12, 2013; 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 approves the site plan referenced herein to construct a new two-story residence with attached garage, parking court, driveway, and rear-yard patio at 20 Beechwood Boulevard, upon the following conditions: 1. Prior to the issuance of a Building Permit, the Applicant shall obtain approval of a Tree Removal Permit from the Village Engineer/Superintendent of Public Works. 6 Rye Brook Planning Board December 12,2013 2. Prior to the issuance of a Building Permit, the Applicant shall obtain approval of a Stormwater Management Plan from the Village Engineer. 3. Proposed grading at the rear of the proposed patio shown on plans entitled Site Plan (Sheet SP-1)prepared by DeMotte Architects, Ridgefield, C.T., dated 9/17/13 rev. 11/25/13 and Site Grading Plan (Sheet 6 of 9)prepared by Vincent A. Massaro, P.E., Yonkers, N.Y., dated 9/25/13 rev. 11/20/13, shall be revised to the satisfaction of the Village Engineer and Village Planning Consultant. 4. The plans shall be revised to show that the footing drain force main shall connect to the junction box after the dry well system. 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. The Board discussed the resolution and asked that provision of the junction box tie in to the storm water management system as brought up by Mr. Accurso be included in the resolution as a condition of approval, which was added to the resolution by Mrs. Gray. There was no further discussion, so Chairman Zuckerman called for a vote. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak to call the roll and the amended resolution approving the site plan was adopted: MR. ACCURSO YES MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES The Chairman called for the next item on the agenda. 3. 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 • Considering Possible Resolution The Chairman called for a motion to open a public hearing on the matter. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, Mr. Nowak called the roll and the Public Hearing was opened: MR. ACCURSO YES MR. GOODMAN YES Rye Brook Planning Board December 12,2013 MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Chairman Zuckerman explained that there were procedural issues regarding the application. The public notice for the meeting included the application for Site Plan Approval but did not include the application for a Steep Slopes Work Permit. Also, after the Building Inspector completed his zoning analysis of the application, he advised the Board that the application includes several non-compliances that require variances from the Zoning Board of Appeals. Chairman Zuckerman suggested to the applicant that the Board could adjourn the Public Hearing until after the applicant requests a review and receives a decision from the Zoning Board of Appeals, or the applicant could revise the plans to comply, which would remove the need for variances. Nathaniel Holt, engineer for the applicant, addressed the Board and explained he did not have time to get the steep slopes information to Mr. Nowak. In his opinion, after review of the Village Code, a steep slopes permit is not required because slopes on the property are below a 15% grade. Chairman Zuckerman responded that the applicant must provide all the necessary information to the Village staff so that a determination regarding the need for a steep slopes work permit can be made . Mrs. Gray added the Village Engineer would make the determination. Mrs. Gray read the definition of a steep slope in the Village Code, which is "any geographical area, whether on a single lot or lots, or a portion of a lot, having a topographical gradient of 15% or greater (ratio of vertical distance to horizontal distance) with a minimum area of 100 square feet." Mr. Holt continued his overview of the project, which includes resolving drainage issues, rebuilding the old deck and enlarging the driveway so that the homeowner would be able to park an additional car. The impervious surface coverage on the property would be reduced and a storm water management system would capture run off from the expanded parking area and driveway. Mr. Sherwood, the applicant's Landscape Architect advised that new trees would be planted to replace the trees removed during construction and a landscape plan that includes screening was developed. He asked if fewer trees could be planted if the trees that were planted were larger, because the back yard has limited space. Mrs. Gray explained that the Village Code does not allow for a substitution of fewer, larger trees for the required number of replacement trees; however, in certain situations where tree planting is not possible, the applicant may request to pay a fee in lieu of planting some or all of the required replacement trees. Mrs. Gray stated she would add the option as a condition of the approval resolution. Mr. Nowak explained the existing condition of the site, which was disturbed by grading and tree removals. He went on to say that Mr. Sherwood submitted a proposed soil stabilization plan that would provide adequate protection against erosion and sedimentation during the winter and early spring until construction can resume, and he stressed that the stabilizations should be installed as soon as possible. The proposed storm water management plan could 8 Rye Brook Planning Board December 12,2013 handle the run-off from a 25-year storm. He finished by advising the applicant and the Board that a complete standard report regarding the origin and composition of the proposed fill material must be submitted to the Building Department for approval. Mr. Accurso pointed out that the memo from the Building Inspector stated that his zoning analysis was not complete, and that there are a number of variances required. Mr. Holt responded that the zoning table on the drawings was revised that afternoon as requested by Mr. Izzo. Mr. Accurso was also concerned that the storm water management proposed would only handle run off from the driveway. Mr. Grzan believed the homeowner is trying to improve the property to make the yard livable for his family. With regard to the zoning analysis and the need for variances, he would have liked to have received the zoning memo sooner; however, he was comfortable voting on a resolution to move the application forward with the necessary conditions. The remainder of the Board was in agreement with Mr. Grzan. On a motion made by Mrs. Schoen and seconded by Mr. Goodman, Mr. Nowak called the roll, and the Public Hearing was closed: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES Mrs. Gray was asked to read the draft resolution: RESOLUTION CONSIDERATION OF APPLICATIONS FOR APPROVAL OF A SITE PLAN TO PERFORM GRADING AND CONSTRUCT VARIOUS SITE IMPROVEMENTS LOCATED AT 70 WINDING WOOD ROAD SOUTH VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, 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 South in the R- 15 zoning district, Section 135.34, Block 1, Lot 36 as shown 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 dated 10/24/13 5. Tree Removal Permit Application 9 Rye Brook Planning Board December 12,2013 6. Topographic Survey, prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y., dated Revised June 4, 2013 7. Letter to the Rye Brook Planning Board from Nathaniel J. Holt, P.E., dated November 18, 2013 8. Letter to the Rye Brook Department of Engineering and Public Works from Nathaniel J. Holt, P.E., dated October 31, 2013 9. Letter to the Rye Brook Department of Engineering and Public Works from Nathaniel J. Holt, P.E., dated October 24, 2013 10. Landscape Plan, Sheet LP-1, prepared by Robert Sherwood, Landscape Architect, LLC, Brookfield, C.T., dated 11/4/13, revised 11/21/13 11. Landscape Plan, Sheet LP-1, prepared by Robert Sherwood, Landscape Architect, LLC, Brookfield, C.T., dated 10/31/13 12. Engineer's Plans, prepared by Nathaniel J. Holt, P.E., Pawling, N.Y.: Sheet Number Sheet Title Dated 1 of 4 Existing Conditions Plan 5/25/13 rev. 11/18/13 2 of 4 Site Plan 5/25/13 rev. 11/18/13 3 of 4 Storm water Pollution Prevention Plan 5/25/13 rev. 11/18/13 4 of 4 Details 5/25/13 rev. 12/5/13 WHEREAS, on November 14, 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, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, on December 12, 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 December 12, 2013; 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 approves the site plan referenced herein 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 South, upon the following conditions: 1. Prior to the issuance of a Building Permit, the Applicant shall obtain approval of a Tree Removal Permit from the Village Engineer/Superintendent of Public Works. 2. Prior to the issuance of a Building Permit, the Applicant shall obtain a Steep Slopes Permit if required by the Village Engineer. 3. All currently disturbed areas shall be stabilized as directed by the Village Engineer. 4. The Landscape Plan, Sheet LP-1,prepared by Robert Sherwood, Landscape Architect, LLC, Brookfield, C.T., dated 11/4/13, revised 11/21/13, shall be amended as follows: a. Pursuant to Chapter 235 of the Village Code, four (4) additional non ornamental trees of a non-invasive species shall be added in a location which is satisfactory to the Village Engineer and Village Planning Consultant. Alternatively, the Applicant shall pay to appropriate restoration fee pursuant to Section 235-18.A(2) of the Village Code. 10 Rye Brook Planning Board December 12,2013 b. S.japonica shall be removed from the plan and replaced by a non-invasive shrub species. 5. The Site Plan set shall be amended to include the standard Village of Rye Brook Tree Protection notes set forth in the Village Code at 235 Attachment 1.5. 6. The importation of fill to the property shall comply with all applicable federal, state and local laws, rules and regulations. 7. This resolution of approval shall not be construed to authorize the removal of any trees, stone walls, retaining walls or other vegetation, landscaping or improvements located outside the boundary line of property located at 70 Winding Wood Road South, except for the removal of the existing stone wall within the Village right-of-way. 8. Construction of the proposed decks is subject to the Applicant obtaining all required variances, as set forth in the Building Inspector's December 12, 2013 Zoning Analysis or any subsequently revised version thereof. In the event the size of the proposed decks is reduced during the course of the Zoning Board of Appeals' review of the required variances or through plan revisions reviewed by the Building Department for the purposes of eliminating or reducing the required variances, the Applicant shall not be required to return to the Planning Board for additional review of the Site Plan. 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. The Chairman called for a motion to vote on the resolution. On a motion made by Mr. Grzan and seconded by Mrs. Schoen, Mr. Nowak called the roll, and the resolution was approved: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES The Chairman called for the next item of business on theagenda. 4. 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 • Application to be Adjourned Chairman Zuckerman explained that the applicant requested an adjournment to January 9, 2014. The Chairman called for the next item of business on theagenda. 5. Local Law amending the Village Code regarding Shopping Centers. ii Rye Brook Planning Board December 12,2013 Mrs. Mohamed addressed the Board, and gave a summary of the proposed amendments. She stated that the local law was referred to the Planning Board in November for a report and recommendations. Chairman Zuckerman added that the Board of Trustees has taken on the task of simplifying and streamlining the application and review process in the Village Code. He stated that, personally he commends the Board of Trustees for their action and welcomed Mayor Rosenberg who attended the meeting. Mrs. Mohamed explained that certain changes of use where no impacts are expected to occur don't need Planning Board review of the site plan, and other applications that should be subject to site plan review don't need review by both the Planning Board and the Board of Trustees. As the shopping centers in the Village are both completely built out, parking capacity is the chief concern when a new use may create more parking demand than the use it replaces because there is a finite number of parking spaces. She further explained that there are only two shopping centers in Rye Brook so it seemed more efficient to amend the CI-P and the OB-S districts regarding shopping centers rather than create a new shopping center district. The proposed amendments would make the Planning Board approval authority for all changes of use in shopping centers, except those requiring a special permit, unusual hours of operation or applications increasing the gross floor area of a building, with the exception of small GFA changes of 40 square feet or less in area. Applications requiring a special permit, unusual hours of operation or applications increasing the gross floor area of a building would remain within the jurisdiction of the Board of Trustees. Applications for a change of use would not require site plan review by the Planning Board when there are no variances required, no changes in the footprint of any building, and the use would not create more parking demand than the use it replaces. These applications would be reviewed by the Building Department. In addition, the site plan check list would be amended to require submittal of traffic and parking studies with applications that propose a change of use with an increased parking demand. The Building Inspector would determine if site plan review is required and request that a parking, and/or traffic study be provided before the application is sent to the Planning Board or the Board of Trustees. Mrs. Gray added that the amendments include an option for the approval authority to waive the requirement for a public hearing on the site plan application which would allow certain applications to be before the Planning Board for only one meeting. An example of such an application is the recent Soul Cycle application: this application met the new proposed criteria for the Planning Board to be the final approval authority. Mr. Steve Silverberg, Esq. addressed the Board on behalf of Win Ridge Realty, the owner of the Rye Ridge Shopping Center. He thanked the Village for moving forward to streamline the review process and make it faster and easier for changes of use in the shopping center to reviewed and approved. However, his client believes the proposed amendments should be revised to change the way parking capacity is calculated for shopping centers. Mayor Rosenberg addressed the Planning Board, stating that after meetings with the Rye Ridge Shopping Center owner, it was decided, in consultation with Village staff and consultants, to separate the issue of parking calculation and requirements from the other amendments that can be made to improve and streamline reviews of changes of use in 12 Rye Brook Planning Board December 12,2013 shopping centers. Parking issues are being considered separately. He reminded the Board that the local law before them included amendments recommended by the Village's consultants and staff, which are changes that will accomplish the goals established by the Trustees and may be made without additional study. As the Planning Board decided it needed more time to consider the proposed amendments, the review was adjourned to the January 9, 2014 meeting. 6. Review of an application by Kip Konigsberg on behalf of K&M Realty for approval of an Amended Site Plan to decrease the number of dwelling units from 18 to 10 dwelling units on the property located on the south side of Bowman Ave, Rye Brook, NY, Parcel I.D. 141.26-1-1.1 • Considering a Report and Recommendation to the Board of Trustees Mr. Konigsberg addressed the Board stating that he proposes to build 10 dwellings instead of the 18 dwelling units approved in January 2013. He explained that he hired Sotheby's to do a marketing analysis, which indicated that fewer, larger dwellings would be more marketable. He went on to explain that the gross floor area of the buildings would not change. The only site plan change would be the removal of a planting bed and the addition of a sidewalk. According to Mr. Konigsberg, it is the same plan originally approved in 2007, and amended in January 2013, with the exception of the number of dwelling units, which is proposed to be reduced to 10 units. Mrs. Mohamed addressed the Board and corrected an error in the Frederick P. Clark Associates memo that stated that 47 parking spaces, not 45 spaces were approved in 2013. However, Mr. Konignsberg interjected that he would comply with a request from the Board of Trustees to land bank two of the approved spaces, which would reduce the number of parking spaces that would be constructed to 45 spaces. She recommended the submission of additional information, plans and clarifications, and issues that required resolution that included, the applicant's request for a waiver from the requirement to provide a topographic survey, if the grading plan on the Peninsula or the Strip would change as a result of the site plan amendments, if the ten homes would be larger than those approved in 2007, and if the proposed fence installation would require alteration of the approved landscape plan. She also recommended that the Applicant submit a full set of site plans for review. Mr. Konigsberg responded with the clarifications that the grading and landscape plans would not change, and the new site plans include the building sizes approved in January 2013. The new site plans include 10 single—family, attached homes that would have slightly larger gross floor areas than the 10 homes approved in 2007; however, the building footprints would be the same as those approved in 2006. Chairman Zuckerman explained to Mr. Konigsberg that a full set of plans for both the Peninsula and the Strip should be submitted for the Trustees to review when the application is referred back to the Board of Trustees with the Planning Board's recommendations, which is also recommended by Mr. Nowak. Chairman Zuckerman added that the Applicant's wetlands permit expires in February. To which Mr. Konigsberg responded that he was aware that the wetlands permit would expire in February 2014. Mrs. Gray advised the Applicant to show the current tax lot lines, not just the proposed lot 13 Rye Brook Planning Board December 12,2013 lines, on the site plans. Mr. Accurso asked, as he did during the original review process and the amendment process in January 2013, if any of the residential units would be affordable or work force housing. Mr. Konigsberg responded that none of the homes would be affordable or workforce homes. Mr. Konigsberg added that he explored this option and determined it is not feasible. The Chairman polled the Board to determine if it was the Board's desire to proceed with the draft Report and Recommendations. The Board indicated its consensus to act on the draft Report and Recommendations and the referral to the Trustees. The Chairman asked Mrs. Gray to read the draft Report and Recommendations. PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF A SECOND AMENDED SITE PLAN FOR K&M REALTY GROUP, LTD AT PROPERTY LOCATED ON BOWMAN AVENUE I. PROJECT OVERVIEW On November 26, 2013, the Village of Rye Brook Board of Trustees ("BOT") referred an application for approval of a Second Amended Site Plan to the Village of Rye Brook Planning Board ("Planning Board") for consideration of a Report and Recommendation. The Board of Trustees is the approval authority for this application pursuant to Section 209-1(A)(1) of the Village Code. The application was made by property owner, K&M Realty Group, Ltd. ("Applicant") for an amendment to a previous approved site plan for eighteen (18) residential condominium units, to now authorize construction of ten (10) residential condominium units on property located on the south side of Bowman Avenue west of South Ridge Street, Section 141.26, Block 1, Lot 1.1, in the Cl zoning district and the Bowman Avenue Scenic Road Overlay District (the "Property"). The proposed site plan is similar to that which was approved by the Board of Trustees in 2007. 1. BACKGROUND By way of background, the 4.039-acre property located on the south side of Bowman Avenue west of Ridge Street is comprised of two tax lots situated at the confluence of the Blind Brook and its East Branch. The Property was previously divided into two tax lots for financing purposes, but remains one building lot. Tax Lot 1-1 of Block 26, Section 141 contains property commonly referred to as the "Peninsula." Tax Lot 1-1.1 of Block 26, Section 141 contains property commonly referred to as the "Strip." The Property was used for many years as a gravel mine and subsequently for deposition of excavated materials and demolition debris, which contributed to the current topography of the site. The Lower Blind Brook Pond covers a large portion of the Property. The Peninsula, an upland portion of the site is mostly comprised of fill so it includes minimal areas of wetlands; therefore, its developable land is almost entirely located within the 100-foot 14 Rye Brook Planning Board December 12,2013 regulated wetland buffers of the pond and the Blind Brook watercourses. A large portion of the Property is within the 100-year flood plain of the Blind Brook. Although the Peninsula does not flood because of its elevation, the Strip is subject to flooding. In the early 1990's the property was the subject of a zone change from residential zoning to the C1 Neighborhood Retail Zoning District. Initially, the Applicant advanced a commercial development proposal. At the direction of the BOT as approval authority and Lead Agency for the environmental review under SEQRA, the proposed development plan received a positive declaration and an environmental impact statement was prepared. Following the BOT and Planning Board's adoption of an Environmental Findings Statement pursuant to SEQRA, a site plan for development of 10 attached condominiums, single- family town homes on the Peninsula and passive parkland on the Strip was approved by the BOT, and wetlands and steep slopes permits were approved by the Planning Board, in 2007. The wetlands and steep slopes permits expired in 2008. In 2012-2013, the property was the subject of an Amended Site Plan Application for to change the density to eighteen (18) residential units on the Peninsula. On January 22, 2013, the BOT passed a Resolution approving the Amended Site Plan Application. On February 14, 2013, wetlands and steep slopes permits were approved by the Planning Board. The Amended Site Plan approval is scheduled to expire on January 22, 2014 and wetlands and steep slopes permits are scheduled to expire on February 14, 2014, unless extensions are granted. 2. CURRENT APPLICATION The applicant now proposes a Second Amended Site Plan to decrease the number of residential condominium units on the Peninsula from eighteen (18) to ten (10). At the request of the Board of Trustees, the Applicant has also proposed a chain link fence at the rear of the "Strip" parcel for future use by the Village, possibly as a dog park, if and when the Village determines to accept the Applicant's offer of dedication of the "Strip" parcel. It is the Planning Board's understanding that the Village's potential use of the area as a dog park is, at this point in time, conceptual in nature and will be fully reviewed and studied if and when the Village takes title to the "Strip" or otherwise decides to pursue plans to install a dog park at that location. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its December 12, 2013 meeting. The Planning Board discussed the differences between the pending application and the application approved by the Board of Trustees in January 2013 to determine what impacts, if any, the pending application would have beyond that which was approved in 2013. The Planning Board also discussed the differences between the pending application and the 10- unit residential plan approved in 2007. Based on a review of the application and information provided by the Applicant and Village Staff, the Village's Planning Consultant, F.P. Clark Associates, provided a Memorandum to the Planning Board dated December 10, 2013 and the Village Engineer provided a memorandum dated December 12, 2013. The Planning Board also reviewed the Applicant's December 11, 2013 response to the FPC Memorandum. The FPC Memorandum sets forth five (5) comments regarding items needed to complete the application or otherwise aid the review of the application: 15 Rye Brook Planning Board December 12,2013 a) A current, updated topographic survey of Tax Lots 1 and 1.1; b) The last approved grading plans for the proposed action with any proposed revisions; c) The last approved landscape plans for the proposed action with any proposed revisions; d) As a very limited number of plans were submitted, the Applicant should clarify if the modifications to the buildings, such as, but not limited to, the rear overhang of the upper floors that were approved in January 2013 would be returned to their 2007 configurations or if the building bulk would remain as modified in January e) The proposed site plans submitted, Sheet M-3 (Plan #3 Revised 2013) and Sheet M-3A are not based on the plans approved in January and February 2013. The proposed revisions, with the new revision dates indicated on each of the plans, should be shown on the last approved Sheets M- 3, Layout Plan, dated 4/7/06 last revised 9/27/12 and M- 3A dated 5/30/07 last revised 3/07/12. In response, the Applicant submitted a letter dated December 11, 2013 which, in summary, responds as follows: a) A waiver request has been submitted for the requirement that a current, updated topographic survey be submitted with the site plan application. b) No changes to grading are proposed. c) No changes to the Landscape Plan are proposed. d) No changes to the building bulk are proposed. e) A complete set of plans will be provided to the Village upon approval of the application by the BOT. NVith respect to the Applicant's request for waivers from certain site plan submission requirements, it is noted that the Village Engineer has recommended that waivers be granted due to the limited nature of changes proposed as compared to the plans approved by the BOT in January 2013. The Applicant noted that certain items required for site plan submission were previously submitted in connection with the 2013 Site Plan approval granted by the BOT and remain unchanged for the current application. It is the consensus of the Planning Board that prior to the Public Hearing on the application the Applicant should be required to submit a full set of plans proposed to be approved in connection with this application. All additional requested waivers from site plan 16 Rye Brook Planning Board December 12,2013 submission requirements identified in the Applicant's request for a waiver, including the requirement for the submission of an updated topographic survey, should be approved due to the limited nature of the proposed changes. In addition, F.P. Clark Associates provided the following comments: Parking. Although the number of residential units would be reduced to 10 units, the proposed action continues to request construction of two parking spaces that were approved to be land-banked as part of the original 2007 site plan. The Planning Board should consider if the two spaces should be built or if they should be land-banked because the number of residential units are proposed to be reduced to the same number approved in 2007. Site Plan. Sheet M-3 shows lot lines that do not correspond to the lot lines shown on the Town of Rye Tax Assessor's Map for the two lots that make up the property. The Applicant should revise all proposed site plans to indicate the current, correct lot lines of the two lots that comprise the property. With respect to parking, it is the consensus of the Planning Board that the two (2) parking spaces should be land banked. With respect to the lot lines shown on Sheet M-3, upon discussion it is understood that FPC's comment refers to the fact that the existing tax lot lines are not currently shown on the proposed Site Plan. It is the consensus of the Planning Board that the plans must be revised to show the current tax lot lines. Lastly, the Planning Board recognizes that in the event Village Staff determines an amendment of the Applicant's approved Wetland Permit or Steep Slopes Permit is required, the Applicant will be required to submit the appropriate materials for such applications for review by the Planning Board. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the comments set forth in the memoranda from F.P Clark and the Village Engineer, the Planning Board recommends approval of the Second Amended Site Plan, upon the following conditions: 1. The Applicant shall submit a full set of plans to the BOT prior to the Public Hearing on the application. 2. The site plan shall indicate that the two (2) parking spaces proposed to be "land banked" under the 2007 approval shall be "land banked"for construction in the future if determined by the Village Engineer to be necessary. Construction of such parking spaces if deemed necessary by the Village Engineer, shall be the responsibility of the Homeowners Association or Condominium Board and language to this effect will be included in the Offering Plan. 17 Rye Brook Planning Board December 12,2013 3. The Applicant shall revise the plans to show the current tax lot lines as shown on the Town of Ri e Tax Assessor's Map, as well as the proposed tax lot lines. 4. In the event the Village determines to use a portion of the "Strip" as a dog park, such use shall undergo a full environmental review pursuant to the State Environmental Quality Review Act. Furthermore, the Planning Board recommends that all conditions of the BOT's January 22, 2013 Resolution approving an Amended Site Plan Application by K&M Realty Group, LTD for development of eighteen (18) residential units on Bowman Avenue, remain in full force and effect, unless otherwise stated in the BOT's resolution for the current development proposal. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the requested waiver as set forth above (except to the extent that the Applicant should be required to submit a full set of plans prior to the Public Hearing), and the Planning Board recommends the BOT approve Second Amended Site Plan application, upon the conditions set forth above. On a motion made by Mrs. Schoen and seconded by Mr. Laufer, Mr. Nowak called the roll and the Report and Recommendations was adopted: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES The Chairman asked Mrs. Gray to read the referral resolution. RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE ON THE SECOND AMENDED SITE PLAN APPLICATION FOR K&M REALTY GROUP, LTD 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 1s Rye Brook Planning Board December 12,2013 Board of Trustees on the Second Amended Site Plan application 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. Laufer, Mr. Nowak called the roll and the resolution referring the application and the Report and Recommendations to the Trustees was approved: MR. ACCURSO NO MR. GOODMAN YES MR. GRZAN YES MR. LAUFER YES MRS. SCHOEN YES MR. TARTAGLIA ABSENT CHAIRMAN ZUCKERMAN YES On a motion made by Mrs. Schoen and seconded by Mr. Goodman, the meeting was adjourned at 10:15 p.m. by a unanimous voice vote. 19 Rye Brook Planning Board December 12,2013