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HomeMy WebLinkAbout2014-03-13 - Planning Board Meeting Minutes Approved: June 12, 2014 VILLAGE OF RYE BROOK Planning Board Regular Meeting Village Hall, 938 King Street Thursday, March 13, 2014 — 7:30 p.m. AGENDA ROLL CALL MINUTES PUBLIC HEARING: 1. Consideration of Site Plan and Wetland Permit Applications by Scott Oling to construct a new two-car garage at 2 Hillandale Road, Rye Brook, NY, Parcel I.D. 135-28-1-41 • Consideration of a resolution NEW BUSINESS: 2. Consideration of Site Plan Application by American Signcrafters on behalf of Xylem and Reckson Operating Partnership, L.P. to construct multiple signs at 1 International Drive, Rye Brook, NY, Parcel I.D. 124.82-1-1. • Consideration of a Report and Recommendations to the Board of Trustees 3. Consideration of a Site Plan Application by Reckson Operating Partnership, L.P. for multiple site improvements, including patios and walkways, at Buildings 1, 2, 4, and 6 International Drive (I 100 King Street), Rye Brook, NY, Parcel I.D. 124.82-1-1 and 124.81 1-1. • Consideration of a Report and Recommendations to the Board of Trustees Page 1 of 17 Rye Brook Planning Board March 13,2014 4. Consideration of a Wetland Permit Application and Steep Slopes Permit Application by Reckson Operating Partnership, L.P. to construct a patio and walkway at Buildings 1, 2, 4, and 6 International Drive (I 100 King Street, Rye Brook, NY, Parcel I.D. 124.82-1-1 and 124.81-1-1. • Consideration of a Resolution setting a public hearing PRESENT: BOARD: Mr. Domenic Accurso, Jr. Mr. Robert Goodman Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Mr. Gary J. Zuckerman, Chairman Excused: Mr. Dan Tartaglia STAFF: Mr. Michael Nowak, Village Engineer/Superintendent of Public Works Mrs. Marilyn Timpone-Mohamed, Village Planning Consultant Mrs. Jennifer Gray, Esq., Village Counsel Mrs. Paula Patafio, Meeting Secretary Mr. Gary Zuckerman, Planning Board Chairman, opened the meeting with the Pledge of Allegiance. The Chairman welcomed everyone to the March 13, 2014 Planning Board meeting and introduced the Board, Village Staff and Consultants. He noted that Dan Tartaglia was excused from the meeting, and asked that all cell phones be turned off for the duration of the meeting. He instructed anyone addressing the Board to do so from the podium. He noted that information regarding Planning Board meetings can be found on the Village's website. The information available includes agendas, meeting minutes, documents reviewed by the Planning Board during their deliberations, and streaming videos of each meeting. Chairman Zuckerman called for review of the December Planning Board minutes and a vote on the minutes. On a motion made by Mrs. Schoen, and seconded by Mr. Goodman, Mr. Nowak called the roll, and the minutes were approved: Mr. Accurso voting aye Page 2 of 17 Rye Brook Planning Board March 13,2014 Mr. Goodman voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Mr. Zuckerman, Chairman voting aye Adopted by six ayes and zero nays. Chairman Zuckerman called for the next item on the agenda. He noted that he recused himself from review of the application as he lives across the street from the Applicants, and he left the dais. Mr. Goodman assumed the role of Acting Chairman: Consideration of Site Plan and Wetland Permit Applications by Scott Oling to construct a new two-car garage at 2 Hillandale Road, Rye Brook, NY, Parcel I.D. 135-28-1-41 Mr. Goodman, Acting Chairman, called for a motion to open the public hearing. 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 voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Mr. Goodman, Acting Chairman voting aye Acting Chairman Goodman noted that the Applicants took a hiatus to review the comments and recommendations they received, and have returned. He called upon Mr. and Mrs. Oling, the Applicants, to provide a summary of the project. Mr. Oling noted they were working on some engineering issues. The goal is to add the current garage to living space and add a new garage that has space for two cars. There were some issues with the landscape plan because most of the work will be within the wetlands buffer. It was also noted that the Zoning Board of Appeals granted a variance for the front-yard setback. Mrs. Oling pointed out that most of the driveway will be relocated, but that the curb cut will remain in the same location. Page 3 of 17 Rye Brook Planning Board March 13,2014 Mrs. Timpone-Mohamed, Village Planning Consultant, noted that her memorandum discussed the Applicants' responses to earlier comments. The outstanding item was the area of buffer improvement proposed to mitigate loss of buffer and disturbance to the wetlands buffer. She noted that the area of mitigation plantings was increased by some amount. Mr. William Kenny, the Landscape Architect for the Applicants, noted that the landscape plan was revised to reflect a two-to-one mitigation ratio as required by the Village Code. Mrs. Timpone-Mohamed stated that the Village Engineer will determine if the two hardwood trees added to the plan are adequate replacement trees, if required, for the existing tree to be removed from the property. Mr. Nowak stated that he reviewed the trees, and they are acceptable replacement trees. Acting Chairman Goodman asked for review of the storm water management plan by the Applicants' Engineer, and noted storm water management is a particular concern of the Planning Board. Mr. Carl Wheat, Ahneman and Kirby Engineers, noted that the Applicants proposed a 900 square-foot addition, and a net 870+ square feet of storm water management. The plans show how the run-off from impervious surfaces will be contained on the site. A rain garden will be constructed, and 4,050 cubic feet of stormwater can be detained on-site. Acting Chairman Goodman called for additional comments from members of the public or the Board. Mrs. Schoen questioned the connection to the Village's stormwater management system via a nearby catch basin. The Applicant's Engineer noted that the roof down-spouts go into the ground and disappear, so it is possible that they are connected to the Village catch basin. Mrs. Oling responded that testing indicated that some run-off from the propertyflows into the Village's catch basin, but, most of the storm water run-off from impervious surface coverage will be retained in the detention area on-site. Acting Chairman Goodman asked if the on-site detention was designed to capture the run-off from neighboring properties that flows over the site. Mr. Wheat noted that the stormwater management system was designed with capacity for more run-off than what would be created by the impervious surfaces on the site. Mr. Grzan noted that improvements were made to the plans. Mrs. Oling stated that two trench drains will be installed on either side of the driveway. She noted that she and Mr. Rotfeld felt that there may not be any benefits from the drains, nevertheless, the trench drains would be installed. Page 4 of 17 Rye Brook Planning Board March 13,2014 Mr. Laufer noted that the catch basin and the rain garden detention area will work together. He stated that Mr. Rotfeld, the Village's Engineering Consultant, is particularly careful regarding stormwater management. Mr. Accurso noted that the existing driveway drains into the street. Mrs. Oling noted that the new driveway would be pitched to move stormwater towards the rain garden and the trench drains. She stated her awareness of flooding in this area of the Village, and her understanding that the provisions of the Village Code must be satisfied, therefore, she was willing to install the trench drains as directed. Attorney Gray noted that the stormwater management plans reviewed by Dolph Rotfeld's office include the information the Board was looking for, that is, full capture of all stormwater as required by the Village Code. The trench drains are necessary to attain full capture, which is a requirement the Planning Board cannot waive. There being no additional comments from the Board or members of the public, Acting Chairman Goodman called for a motion to close the public hearing. On a motion made by Mrs. Schoen, and seconded by Mr. Grzan, Mr. Nowak called the roll and the public hearing was closed: Mr. Accurso voting aye Mr. Goodman, Acting Chairman voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Acting Chairman Goodman asked Mrs. Gray to read the resolution prepared. RESOLUTION APPLICATION FOR SITE PLAN AND WETLAND PERMIT APPROVAL TO CONSTRUCT A ONE-STORY ADDITION TO AN EXISTING HOME LOCATED AT 2 HILLANDALE ROAD WHEREAS, on behalf of property owner Rebecca Oling, applicant Scott Oling, submitted an application for approval of a site plan and Wetland Permit to convert an existing garage to living space and construct a new one-stoiy addition that includes living space and an attached garage at the existing home located at 2 Hillandale Road in the R- 25 zoning district, Section 135.28, Block 1, Lot 41 as shown on the Town of Rye Tax Assessor's Map; and Page 5 of 17 Rye Brook Planning Board March 13,2014 WHEREAS, the Planning Board reviewed the following plans and application materials: 1) Site Plan Application and Checklist 2) Exterior Building Permit 3) Short Environmental Assessment Form 4) Tree Removal Permit 5) Drainage Summary Report prepared by Ahneman Kirby LLC, Riverside, C.T. dated June 19, 2013 6) Wetland and Watercourse Delineation prepared by William Kenny Associates LLC, Fairfield, C.T., dated June 10, 2013 7) Memorandum to Ahneman Kirby from the Rye Brook Village Engineer dated July 11, 2013 8) Memorandum to the Planning Board from the Rye Brook Building and Fire Inspector dated June 24, 2013 9) Drainage Design and Site Plan, Sheet SPA (Drainage Design and Site Plan) dated 5/23/13 revised 1/24/14, and Sheet Sp-2 (Existing Conditions Survey Map) dated 6/19/13 prepared by Ahneman Kirby LLC, Riverside, C.T. 10) Landscape/Site Plan, dated 5/28/13 revised 3/6/14, prepared by William Kenny Associates LLC, Fairfield, C.T. Architectural Plans, Sheets A-1 (First Floor Plan) dated 5/16/13 revised 1/30/14, A-3 (Front and Rear Elevations) dated 5/16/13 revised 1/30/14, and Sheet A-4 (North and South Elevations) dated 5/16/13 revised 1/30/14, prepared by Barbara A. Pomerantz, Architect, Stamford, C.T. WHEREAS, on July 25, 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 further review pursuant to requirements of SEQRA; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village Staff and the Planning Board reviewed the information, submitted comments regarding the site plan and wetland permit and made recommendations regarding; and scaping, wetland buffer and stormwater management and the plans were revised according to the comments; and WHEREAS, on December 3, 2013, the Village of Rye Brook Zoning Board of Appeals granted a 22.3 ft. front yard setback variance for the proposed one-stoiy addition; and WHEREAS, on March 13, 2014, the Planning Board opened a public hearing on the subject application, at which time all persons interested were given an opportunity to Page 6 of 17 Rye Brook Planning Board March 13,2014 speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on March 13, 2014; and WHEREAS, the Planning Board has considered the wetland permit standards set forth at Village Code §245-8(A) and recognizes the Applicant proposes 3,368 square feet of new native plantings within the wetland buffer to improve the natural functioning of the buffer as mitigation for the unavoidable loss of buffer; and will plant two new hardwood trees within the buffer to replace an existing mature tree to be removed from the buffer; and WHEREAS, Stormwater Management and Erosion and Sediment Control Plans were reviewed and approved by the Village's Consulting Engineer; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that for the reasons stated herein, the Village of Rye Brook Planning Board hereby approves the site plans listed herein and approves a Wetland Permit, to convert an existing garage to living space and construct a new one-story addition that includes living space and an attached garage, and to perform such regulated activities within a wetland buffer, at 2 Hillandale Road, upon the following conditions: 1. All plantings required in the plan titled Landscape Site Plan, prepared by William Kenny, R.A., dated May 28, 2013, last revised March 13, 2014, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. 2. The approved stormwater management facilities, including the rain garden, lawn depression, trench drains, and connection to the catch basin at the south driveway entrance, shall be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of such facilities to design specifications, unless otherwise approved by the Village of Rye Brook. 3. The Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. 4. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Advisory Page 7 of 17 Rye Brook Planning Board March 13,2014 Council on Environmental Conservation, the Village Engineer or their designated representatives. b. All permits issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5(B)(7) of the Village Code. c. The permit holder shall provide written notification to the Village Engineer of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The approval authority's permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. f. The permit, including all conditions, shall be binding on all successors and assignees of the permit holder; and 5. The Drainage Design and Site Plan, prepared by Ahneman Kirby, dated May 23, 2013, last revised January 24, 2014, shall be revised to show the Applicant's intent to repave the existing driveway. BE IT FURTHER RESOLVED, that no permits shall be issued by the Building Department until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. The Acting Chairman called for a vote on the resolution. On a motion made by Mr. Laufer, and seconded by Mrs. Schoen, Mr. Nowak called the roll and the application was approved: Mr. Accurso voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Acting Chairman Goodman voting aye The resolution was adopted by a vote of five ayes and zero nays. Page 8 of 17 Rye Brook Planning Board March 13,2014 The review of the application was completed, so Mr. Zuckerman resumed his role as Chairman, and Mr. Goodman returned to his place on the Board. Chairman Zuckerman called for the next item on the agenda: Consideration of a Site Plan Application by American Signcrafters on behalf of Xylem and Reckson Operating Partnership, L.P. to construct multiple signs at 1 International Drive, Rye Brook, NY, Parcel I.D. 124.82-1-1. Chairman Zuckerman summarized the application for the Board. He noted that the office park is located in the Scenic Road Overlay District (SROD). Lance Macchio of American Signcrafters addressed the Board. He noted that Xylem is a new tenant in Reckson Executive Park and this location is their global headquarters. They want to brand the building in which they are located. Their original application requested two- illuminated signs on the parapet walls of 1 International Drive. However, based on comments and the possible visual effects on Route 120, the Scenic Road, the application was revised to request two building-mounted signs that are not illuminated on east elevation and the north elevation of the building above the third story. In addition, a small illuminated monument sign would be located at the entrance of the building. Chairman Zuckerman noted that application requires variances. Attorney Gray added that the Building Inspector determined that the sign plan requires three variances, which she explained. The application exceeds the maximum allowable number of wall signs, the maximum allowable size of a sign, and the total permitted sign area on a building. Mrs. Timpone-Mohamed, Village Planning Consultant, noted that she had concerns regarding the signs and the visual impacts of the signs in the SROD. She urged that the signs to be installed should be compliant with the sign requirements of the Village Code. She noted that the King Street corridor does not include any interior-illuminated signs or building mounted. Signs on King Street are ground-mounted monument signs, which, if illuminated are indirectly or back lit.l In the Reckson Office Park, there are no building- mounted signs and no signs are illuminated. Any monument signs in the park are small, discrete signs that are not illuminated. She suggested eliminating the building wall signs because the only people who will see them are the residents of Greenwich and Bellefair. If the company wants people driving along King Street to see where the corporation is located, then a monument sign should be installed on grade in front of the building along King Street. The monument sign facing King Street could be indirectly-illuminated as are other signs along King Street, which would be architecturally similar to existing signs along King Street and in character with the SROD. She expressed her concern that Page 9 of 17 Rye Brook Planning Board March 13,2014 approval of the proposed wall-mounted and interior-illuminated signs would set a precedent for such signs in the SROD and would eventually alter the character of the Scenic Road when other corporations submit similar requests. Chairman Zuckerman pointed out that the proposed signs are not compliant with the Village sign requirements. Mrs. Timpone-Mohamed noted that the Board should consider balancing the needs of the corporation with preservation of the character of the Scenic Road. Mrs. Schoen stated that King Street is a very complex area, and that the application must also go before the Architectural Review Board. She expressed the desire that the Village be forward thinking. She hoped that the Applicant would propose a sign plan that does not include installation of wall-mounted signs. Mr. Grzan noted that he agreed with Ms. Schoen. Chairman Zuckerman noted that he saw two issues, the variances requested and the location of signs on the building walls, Mr. Laufer noted that he was not sure how to proceed, given the variances requested. Mr. Macchio responded that the variance requests would be heard by the Village Zoning Board of Appeals. He noted that he discussed the comments regarding the wall signs with Xylem, who agreed to eliminate the request for illuminated building-wall mounted signs and revise the application. Chairman Zuckerman noted that the matter could be adjourned in order to give the Applicant time to submit a revised sign plan. . Chairman Zuckerman called for comments regarding illumination of the signs. Mr. Accurso noted that the type of illumination should be similar to what currently exists in the SROD. Mrs. Timpone-Mohamed noted that in the Executive Park, none of the existing signs are illuminated in any way. Mr. Macchio replied that he will see if the Applicant will consider signs that are not illuminated. The Vice President of Reckson Architectural Services addressed the Board regarding the application. Chairman Zuckerman felt that the types of signs in the executive park should be maintained for uniformity. He suggested that the Reckson management work with the Page 10 of 17 Rye Brook Planning Board March 13,2014 tenant to propose signs that are compatible with the SROD and the tenants' needs. Chairman Zuckerman announced that the application would be adjourned to the May meeting of the Planning Board because the Board may not have a meeting in April. Chairman Zuckerman noted that the next two (2) items on the agenda also pertained to the Reckson Executive Park and should be reviewed together: 3. Consideration of a Site Plan Application by Reckson Operating Partnership, L.P. for multiple site improvements, including patios and walkways, at Buildings 1, 2, 4, and 6 International Drive (1100 King Street), Rye Brook, NY, Parcel I.D. 124.82-1-1 and 124.81 1-1. 4. Consideration of a Wetland Permit Application and a Steep Slopes Permit Application by Reckson Operating Partnership, L.P. to construct a patio and walkway at Buildings 1, 2, 4, and 6 International Drive (1100 King Street, Rye Brook, NY, Parcel I.D. 124.82-1-1 and 124.81-1-1. Chairman Zuckerman stated that the Board of Trustees referred the application to the Planning Board for a report and recommendations regarding the site plan, and that the Planning Board is the approval authority for the Wetlands and Steep Slopes Permits. He noted that the Planning Board must set a date for the public hearing on the Wetlands and Steep Slopes Permit applications. Mr. Jerry Schwalbe from the firm of Divney Tung and Schwalbe addressed the Board for the Applicant. He noted that the improvements proposed include two new patios, walkways, a rain garden and pedestrian crosswalks within Phase I and Phase II of the executive park. There is a proposed landscape plan for the areas of the site that will be disturbed. The patio near the pond will follow the slope of the land, and will be located within the regulated buffer of the pond. The Applicant received the recent comments from the Village Planning Consultant regarding the Village Code requirement of two-to- one mitigation for buffer lost, which is included on the revised landscape plan. The proposed landscape plan would remove lawn area and improve the functioning of the buffer. Shielded light fixtures are proposed for safety at the crosswalks. Mrs. Timpone-Mohamed noted that her only remaining concern was the removal of an existing tree from the buffer of the pond. Mr. Schwalbe noted that the tree is a small Crabapple. He stated that the revised landscape plan includes additional trees in the buffer as suggested by the recent F.P. Clark comments. Mrs. Schoen asked how many cafes are located in the office park, and who uses the cafes. Mr. Schwalbe responded that Building 4 has a full service food service and Building two Page 11 of 17 Rye Brook Planning Board March 13,2014 will have a 12-seat cafe. The two new patios would be associated with the two cafes. The expected use of the patios would be limited to normal business hours during the warmer months of the year, and the users of the cafes and patios are expected to be the workforce of the tenants of the office park.. Mrs. Schoen asked if music would be played in the cafes or outdoors on the patios, and noted her concern that outdoor music might be heard by adjacent residents. Mrs. Timpone-Mohamed suggested restricting the decibel level of outdoor music, if the application was approved. Attorney Gray responded that the Village has a noise ordinance with requirements that the tenants of the executive park must comply with; therefore, additional restrictions on outdoor music would not be necessary. Chairman Zuckerman asked Attorney Gray to summarize the draft report and recommendations to the Trustees prepared for the Board. PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE SITE PLAN AMENDMENT AT PROPERTY LOCATED AT 1100 KING STREET I. PROJECT OVERVIEW On January 28, 2014, Village of Rye Brook Board of Trustees (`BOT") referred an application for a Site Plan Amendment to the Village of Rye Brook Planning Board ("Planning Board") for submission of a Report and Recommendation. The application was made by property owner, Reckson Operating Partnership, L.P., to install site improvements including new patios, steps and walkways at property located at 1100 King Street (Reckson Executive Park) and designated as Section 124.82, Block 1, Lot 1 and Section 124.81, Block 1, Lot 1 on the Town of Rye Tax Map ("Property"). Site Plan approval is required pursuant to Sections 209-1(B)(8) of the Village Code for an amendment to a previously approved site plan on nonresidential property. Approvals by the Planning Board of a Wetland Permit and Steep Slopes Permit are also required for the proposed patio on property designated as Section 124.82, Block 1, Lot 1 and a portion of the proposed walkway on property designated as Section 124.81, Block 1, Lot 1. Reckson Executive Park is located in the OB-1 (Campus/Office Building) Zoning District and consists of three lots, two of which are improved with office buildings, an associated access road, parking areas, driveways, pedestrian walkways, water features, a stormwater basin, and landscaped areas. Three existing buildings are located on Section Page 12 of 17 Rye Brook Planning Board March 13,2014 124.81, Block 1, Lot 1, and another three existing buildings, including the building known as 1 International Drive, are located on Section 124.82, Block 1, Lot 1. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its March 13, 2014 meeting and discussed the February 11, 2014 and March 5, 2014 memoranda from Village Planning Consultant, Frederick P. Clark Associates. FPC's March 5, 2014 review of the Applicant's response to the February 11, 2014 FPC memorandum is set forth below: 1. Pedestrian Circulation and Safety. Instead of the stop sign and textured pavement suggested, the applicant proposes to locate a graphic "Pedestrian Crossing Ahead" combination sign east of the exit drive from I International Drive facing the westbound lanes of the drive. This sign would be installed in addition to the other safety signs already proposed. The location and use of a "Pedestrian Crossing Ahead" combination sign are an acceptable alternative to the requested stop sign. 2. Tree Removal. Construction of the patio adjacent to the pond would require the removal of an existing tree in the wetland buffer, which would require a Tree Removal Permit. The size and species of the tree to be removed should be provided so the Village Engineer can determine if a replacement tree is required. 3. Landscape Plans. Sheet 3.0 was revised to add a plant list and a planting plan for the rain garden. The plant list includes the seed mix supplier, trade-name, plant species included, and the rate of application of the mix as requested in the comment. The suggested long-term maintenance Program for the rain garden was provided in the February 27, 2014 correspondence from Divney,Tung, Schwalbe. We recommend that the rain garden maintenance program description be added to Sheet 3.0 as an additional note. There is a shaded area delineated in the planting plan adjacent to the pond that is not keyed to any plant or seed mix in the plant list. Lastly, the replacement plants proposed for the smaller patio adjacent to the west facade of Building 4 are not keyed to any plant species in the plant list. The plants proposed for these areas should be indicated on the plan. 4. Lighting. The specifications for the new lighting at the pedestrian crosswalk were provided. According to the specifications, the Kipp Post light proposed is a low-energy fixture with an LED light source that is shielded to eliminate lateral glare and sky-lighting. Page 13 of 17 Rye Brook Planning Board March 13,2014 5. Wetlands and Wetland Buffers. The February 27, 2014 correspondence from Divney, Tung, Schwalbe provides a calculation of the area of the wetland buffer to be lost to paving and impervious surfaces, which is 2,917 square feet of buffer. Section 245-9 A. (3) of the Rye Brook Code requires mitigation for areas of buffer lost in the ratio of at least 2:1, which would be, in this case, 5,834 square feet of mitigation that would improve the natural functions of the buffer or wetland. However, according to the correspondence, the proposed mitigation plantings would cover an area of 4,500 square feet. The Applicant should clarify if the 4,500 square feet of mitigation plantings calculated includes the new plantings in open areas within and surrounding the patio and walls that are within the limits of the buffer. These plantings would also be considered mitigation. If these plantings were not included, the calculations should be revised. If the plantings were included, we recommend that the area of mitigation plantings be increased to the minimum required, which is 5,834 square feet of plantings. We note that an existing tree would be removed from the buffer to build the patio. Based on the removal of a tree from the buffer, we recommend that a new hard wood shade tree be added to the mitigation planting plan to replace the tree removed. 6. Other Potential Impacts. The February 27, 2014 correspondence from Divney, Tung, Schwalbe states that the proposed patios would be used by tenants of the office park during normal business hours in conjunction with the new cafes in Buildings I and 4. We recommend that the Boards consider including a condition to any approvals that may be granted to limit use of the patios to normal business hours and prohibit the playing of live or recorded music outside on the patios. In the Scenic Roads Overlay District, it is required that alterations "shall be architecturally compatible with surrounding structures and the important scenic and natural features of the site shall be preserved." (Village Code §250-7.F(6)(a)). Regarding compatibility of the proposed improvements with the King Street Scenic Road, the consensus of the Planning Board is that the proposed improvements are compatible with existing architectural and natural site features and will not adversely impact the character of King Street. Regarding pedestrian circulation relative to the proposed walkway, the consensus of the Planning Board is that additional measures are warranted to increase pedestrian safety at the crosswalk at International Drive, beyond that which was originally proposed by the Applicant. The proposed "Pedestrian Crossing Ahead" sign is an acceptable Page 14 of 17 Rye Brook Planning Board March 13,2014 alternative to the stop sign and textured pavement suggested in the February 11, 2014 FPC memorandum. The Planning Board agrees with all other recommendations in the March 5, 2014 FPC memorandum. 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 Site Plan Amendment, as shown on plans that were revised to satisfy the Village Planning Consultant's comments and presented to the Planning Board at its March 13, 2014 meeting, subject to the following conditions: 1. Approval by the Planning Board of Wetland Permit and Steep Slopes Permit prior to the issuance of a Building Permit. 2. The Planning Board also recommends limiting use of the patio to tenant use only during normal business hours, as described in the 2/27/14 letter from Divney Tung Schwalbe, LLP. The Planning Board discussed the draft report and recommendations. When there were no more comments or revisions from the Board, Chairman Zuckerman called for a vote on the revised report and recommendations. On a motion made by Mrs. Schoen, and seconded by Mr. Goodman, Mr. Nowak called the roll and the revised report and recommendations was adopted: Mr. Accurso voting aye Mr. Goodman voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Chairman Zuckerman voting aye The resolution was adopted by a vote of six ayes and zero nays. Chairman Zuckerman asked Attorney Gray to read the resolution prepared referring the adopted report and recommendations to the Trustees. Page 15 of 17 Rye Brook Planning Board March 13,2014 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE SITE PLAN AMENDMENT AT PROPERTY LOCATED AT 1100 KING STREET 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 application for a Site Plan Amendment for 1100 King Street and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. Chairman Zuckerman called for a vote on the referral resolution, and on a motion made by Mrs. Schoen, and seconded by Mr. Goodman, Mr. Nowak called the roll and the resolution to refer the report and recommendations to the Trustees was approved: Mr. Accurso voting aye Mr. Goodman voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Chairman Zuckerman voting aye Chairman Zuckerman called for the Wetlands and Steep Slopes Permit applications that were related to the site plan application for Reckson Executive Park that the Board had just reviewed. There was discussion regarding the Planning Board review of the wetlands and steep slopes among the Board members and the representative for the Applicant. When the discussion concluded, the Chairman asked that the resolution setting a date for a public hearing regarding the wetlands and steep slopes permits be read. RESOLUTION SETTING A PUBLIC HEARING CONCERNING APPLICATIONS BY RECKSON OPERATING PARTNERSHIP, LP FOR WETLANDS AND STEEP SLOPES PERMITS FOR RECKSON EXECUTIVE PARK, PHASE 1 and PHASE 2 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Reckson Operating Partnership, LP submitted applications for approval of a Permit to Perform Regulated Activities in a Wetlands and a Steep Page 16 of 17 Rye Brook Planning Board March 13, 2014 Slopes Work Permit to construct two new patios, steps and walkways at the Reckson Executive Park, Phase 1 and Phase 2, Section 124.81, Block 1, Lot 1 and Section 124.82, Block 1, Lot 1 on the Town of Rye Tax Assessor's Map, located in the OB-1 District and the King Street Scenic Roads Overlay District (SROD). NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a Public Hearing on May 8, 2014 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the applications for wetlands and steep slopes permits; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. Chairman Zuckerman called for a vote on the public hearing resolution, and on a motion made by Mrs. Schoen, and seconded by Mr. Goodman, Mr. Nowak called the roll and the resolution setting May 8, 2014 as the date for the public hearing was approved: Mr. Accurso voting aye Mr. Goodman voting aye Mr. Grzan voting aye Mr. Laufer voting aye Mrs. Schoen voting aye Chairman Zuckerman voting aye There being no further business before the Board, Chairman Zuckerman called for a motion to adjourn the meeting. On a motion made by Mrs. Schoen, and seconded by Mr. Accurso, the meeting was adjourned at 9:11 p.m. Page 17 of 17 Rye Brook Planning Board March 13,2014