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HomeMy WebLinkAbout2014-06-12 - Planning Board Meeting Minutes APPROVED:8/14/14 VILLAGE OF RYE BROOK PLANNING BOARD REGULAR MEETING VILLAGE HALL, 938 KING STREET Thursday June 12, 2014 - 7:30 p.m. AGENDA ROLL CALL MINUTES: Review of minutes from the following Planning Board meetings: February 14, 2014 and March 13, 2014 PUBLIC HEARING: 1. Consideration of a Wetland Permit Application and Steep Slopes Permit Application by Reckson Operating Partnership, L.P. to construct 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 Resolution CONTINUED BUSINESS: 2. Consideration of a referral from the Village Board of Trustees of an application for a Site Plan Amendment by WinRidge Realty for the Shopping Center located at 100-150 South Ridge Street, 1-34 Rye Ridge Plaza, 158-204 South Ridge Street, Rye Brook, NY, Parcel I.D. 141.27-1- 27-1-7, 141.27-1-6, 141.35-2-36 • Consideration of Report and Recommendations Planning Board June 12, 2014 Page 1 NEW BUSINESS: 3. Consideration of a referral from the Village Board of Trustees of an application for a Site Plan amendment by Toll Land V Limited Partnership (Kingswood) to modify proposed roadway lighting within the approved development located at the intersection of Anderson Hill Road and King Street, Rye Brook, NY, Parcel I.D. 129.35-1-14.31. • Applicant requested adjournment 4. Sketch plan review of a site plan from Mr. & Mrs. Feinsod for site improvements consisting of a front circular driveway, changes to the existing driveway, and a new rear-yard pool, patios and decks for the property located at 4 Hillandale Road, Rye Brook, NY, Parcel I.D. 136.21- 1-14. In attendance at the meeting: BOARD Mr. Domenic Accurso Mr. John Grzan Mr. Bill Laufer Mrs. Amy Schoen Acting Chairman, Mr. Rob Goodman Excused: Chairman Gary Zuckerman Mr. Dan Tartaglia STAFF Philip Butler, Esq., Village Counsel Mike Nowak, Jr., Public Works Superintendent Marilyn Timpone-Mohamed, Village Planning Consultant Paula Patafio, Planning Board Secretary Planning Board June 12, 2014 Page 2 Acting Chairman Robert Goodman opened the meeting by asking everyone to join him in the Pledge of Allegiance. He noted that both Chairman Gary Zuckerman and Mr. Dan Tartaglia were excused from the meeting. He asked that all cell phones be turned off, and that anyone addressing the Board do so from the podium, using the microphone. Mr. Goodman introduced the Board members and the Village Staff and explained the rules of procedure for the meeting. He made note for the public that the complete set of Planning Board Rules of Procedure can be found on the Village's website and that the meeting could be viewed on streaming video and on the Village's public access channel. MINUTES: Acting Chairman Goodman called for a review of minutes from the following Planning Board meetings: February 14, 2014 and March 13, 2014. After discussion, Acting Chairman Goodman called for a vote on the minutes, and on a motion made by Ms. Schoen, and seconded by Mr. Laufer, Mr. Nowak was asked to call the roll and the minutes were adopted as amended: Domenic Accurso, Jr. Voting Aye John Grzan Voting Aye Bill Laufer Voting Aye Amy Schoen Voting Aye Acting Chairman Robert Goodman Voting Aye Acting Chairman Goodman called for the next item on the agenda: PUBLIC HEARING: 1. Consideration of a Wetland Permit Application and Steep Slopes Permit Application by Reckson Operating Partnership, L.P. to construct 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 • Consideration of a Resolution The Acting Chairman called for a motion to open a public hearing on the matter. On a motion made by Ms. Schoen, and seconded by Mr. Laufer, Mr. Nowak called the roll and the public hearing was declared open. Planning Board June 12, 2014 Page 3 Domenic Accurso, Jr. Voting AyeDomenic Domenic Accurso, Jr. Voting Aye John Grzan Voting Aye Bill Laufer Voting Aye Amy Schoen Voting Aye Acting Chairman Robert Goodman Voting Aye The applicant's representative began a presentation, noting that the application was before the Board of Trustees, which had approved the site plan amendments. The application was back before the Planning Board for the applications for wetlands and steep slopes permits. He reviewed the plans for the Board indicating the locations of a landscaped patio between Buildings 1 & 2, a walkway and stairway between Buildings 1 & 2, and construction of a patio near the cafe in Building 4. Acting Chairman Goodman called for any members of the public wishing to address the matter. There being none, he asked the Village's Planning Consultant for her comments. Mrs. Timpone_Mohamed noted that the Planning Board reviewed the plans for the Trustees and had a number of comments and recommendations to the Trustees that were added to the plans now before the Planning Board. The site plan changes were primarily related to the wetlands and steep slopes preservation and mitigation. There being no further comments, the Acting Chairman called for a motion to close the public hearing and on a motion made by Mrs. Schoen, and seconded by Mr. Accurso, Mr. Nowak called the roll and the public hearing was declared closed: Domenic Accurso, Jr. Voting Aye John Grzan Voting Aye Bill Laufer Voting Aye Amy Schoen Voting Aye Acting Chairman Robert Goodman Voting Aye The Acting Chairman asked Mr. Butler to read the resolution to be considered: Planning Board June 12, 2014 Page 4 RESOLUTION CONSIDERATION OF APPLICATIONS FOR APPROVAL OF A STEEP SLOPES WORK PERMIT and PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND AT 11 2, 4 & 6 INTERNATIONAL DRIVE (1100 KING STREET) VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, an application has been submitted by Reckson Operating Partnership, L.P. for approval of an Amended Site Plan, Steep Slopes Work Permit, and Permit to Perform Regulated Activities in a Wetland, for site improvements including new patios and a new walkway at property located at 1, 2, 4 & 6 International Drive (1100 King Street), designated as Parcel ID 124.82-1-1 and 124.81-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District and the Scenic Roads Overlay Zoning District (the "Project"); and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application and Checklist 2. Short EAF dated 1/10/14 3. Land Title Survey prepared by Link Land Surveyors, P.C.,Mahopac, N.Y. dated March 23, 2002 4. Steep Slopes Work Description and Slope Analyses prepared by Divney,Tung, Schwalbe, LLP,White Plains, N.Y. 5. Wetlands Work Description prepared by prepared by Divney,Tung, Schwalbe, LLP, White Plains, N.Y. 6. Wetlands and Watercourse Delineation prepared by William Kenny Associates, LLC, Fairfield, C.T. dated April 9, 2012 7. Wetland and Watercourse Map, prepared by William Kenny Associates, LLC, Fairfield, C.T. dated April 9, 2012 8. Kipp Post Light Product Specifications from Louis Poulson Lighting Company, Fort Lauderdale, F.L. 9. Letter to the Planning Board from Divney,Tung, Schwalbe, LLP,White Plains, N.Y. dated March 13, 2014 10. Letter to the Planning Board from Divney,Tung, Schwalbe, LLP,White Plains, N.Y. dated February 27, 2014 Planning Board June 12, 2014 Page 5 11. Letter to the Board of Trustees from Divney, Tung, Schwalbe, LLP,White Plains, N.Y. dated January 27, 2014 12. Letter to the Board of Trustees from Divney, Tung, Schwalbe, LLP,White Plains, N.Y. dated January 10, 2014 13. Stormwater Assessment prepared by Divney,Tung, Schwalbe, LLP,White Plains, N.Y. 14. Plan Set entitled"Proposed Site Improvements"prepared by Divney,Tung, Schwalbe, LLP,White Plains, N.Y.: Sheet Number Sheet Title Date No Number CoverSheet 3/13/14 SP-0.1 Site Index Sheet 1/10/14 rev 3/13/14 SP-1.0 Proposed Pond Patio 1/10/14 rev 2/27/14 SP-2.0 Proposed Campus balk and Patio 1/10/14 rev 3/13/14 SP-3.0 Planting Plans 2/27/14 rev 3/13/14 SP-4.0 Site Details 1/10/14 rev 3/13/14 SP-4.1 Site Details 1/10/14 rev 3/13/14 Figure 1 Pedestrian Crossing Signage 2/27/14 WHEREAS, the Board of Trustees is the approval authority for the Amended Site Plan Application in accordance with Sections 209-LA(1) of the Village Code and the Planning Board is the approval authority for the Steep Slopes Work Permit and Permit to Perform Regulated Activities in a Wetland applications in accordance with Chapters 213 and 245 of the Village Code; and WHEREAS, on January 28, 2014 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, classified the proposed action as Unlisted pursuant to SEQRA which will undergo a coordinated review; and WHEREAS, Notice of Intent to Declare Lead Agency was circulated to all involved agencies on February 12, 2014; and Planning Board June 12, 2014 Page 6 WHEREAS, on February 20, 2014 the application was referred to the Westchester County Department of Planning and a response was received on March 5, 2014 which found the application to be a matter for local determination; and WHEREAS, on March 25, 2014 the Board of Trustees declared itself Lead Agency pursuant to SEQRA; and WHEREAS, on April 8, 2014 the Board of Trustees adopted a Negative Declaration pursuant to SEQA and approved the Amended Site Plan Application; and WHEREAS, on June 12, 2014 the Planning Board opened a public hearing on the subject Steep Slope Work Permit and Wetland Permit applications, 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 June 12, 2014; and WHEREAS, the Planning Board has considered the Steep Slopes `Fork Permit standards set forth at Village Code §213-6 and the standards for a Permit to Perform Regulated Activities in a Wetland set forth at Village Code §245-8.A; and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the application; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby grants the requested Steep Slopes Work Permit and Permit to Perform Regulated Activities in a Wetland for site improvements including new patios and a new walkway, as shown on the set of plans listed above, for property located at 1, 2, 4 & 6 International Drive (1100 King Street), subject to the following conditions: 1. All plantings required in the plan titled Planting Plans, prepared by Divney Tung Schwalbe, LLP, dated 2/27/24, last revised 3/13/14, 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 shall be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum Planning Board June 12, 2014 Page 7 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 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. 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. Planning Board June 12, 2014 Page 8 The Acting Chairman called for a vote on the resolution, and on a motion made by Ms. Schoen, and seconded by Mr. Grzan, Mr. Nowak called the roll and the resolution was adopted: Domenic Accurso, Jr. Voting Aye John Grzan Voting Aye Bill Laufer Voting Aye Amy Schoen Voting Aye Acting Chairman Robert Goodman Voting Aye Acting Chairman Goodman called for the next item on the agenda: CONTINUED BUSINESS: 2. Consideration of a referral from the Village Board of Trustees of an application for a Site Plan Amendment by WinRidge Realty for the Shopping Center located at 100-150 South Ridge Street, 1-34 Rye Ridge Plaza, 158-204 South Ridge Street, Rye Brook, NY, Parcel I.D. 141.27-1- 27-1-7, 141.27-1-6, 141.35-2-36 • Consideration of a Report and Recommendations Acting Chairman Goodman noted that, at the applicant's request, the matter was adjourned to the July 10, 2014 meeting. Acting Chairman Goodman called for the next item on the agenda: NEW BUSINESS: 3. Consideration of a referral from the Village Board of Trustees of an application for a Site Plan amendment by Toll Land V Limited Partnership (Kingswood) to modify the proposed roadway lighting within the approved development located at the intersection of Anderson Hill Road and King Street, Rye Brook, NY, Parcel I.D. 129.35-1-14.31. The Acting Chairman noted that the Applicant requested an adjournment. The application was adjourned to the July 10, 2014 meeting. Acting Chairman Goodman called for the next item on the agenda: Planning Board June 12, 2014 Page 9 4. Sketch plan review of a site plan by Mr. & Mrs. Feinsod for site improvements consisting of a front circular driveway, changes to the existing driveway,and a new rear-yard pool, patios and decks for property located at 4 Hillandale Road, Rye Brook, NY, Parcel I.D. 136.21-1-14. Jonathan and Lara Feinsod, the applicants, addressed the Board. The applicants seek permits to to add a turn around to the driveway and separate their curb cut and driveway from the common curb cut and portion of the driveway used by them and the adjacent property, and construct a new pool, decks and patios in the rear yard. Acting Chairman Goodman raised issues involving the increase in impervious surface coverage and the common curb cut and driveway that may be a condition of a variance granted to create the two lots and a restrictive covenant, Ms. Timpone-Mohamed explained that the original lot was subdivided into two narrow lots that required a variance from the Village Zoning Board of Appeals (ZBA). The variance had a restriction that requires the two lots to be serviced by a single curb cut. This was done to avoid two closely spaced driveways. Ms. Timpone-Mohamed noted that the variance remains in effect and she noted the existence of a reciprocal easement agreement that allows the two adjoining homeowners to use the single curb cut and short section of driveway. Ms. Timpone-Mohamed explained that the Planning Board could not take action with respect to the application, as it pertains to the driveway, unless the applicants obtain relief from the ZBA in the form of a modification to the variance restriction. Ms. Timpone-Mohamed noted the existence of the wetland boundary on the applicants' plan. The wetland extends onto the property, and the wetland buffer extends into the location of the home and the corner of the driveway. Carl Weed, with Ahneman Kirby that prepared the site plan, addressed the Board. Regarding the new pool, decks and patios proposed to be constructed in the regulated 100-foot wetland buffer, Mr. Weed stated that the applicants were willing to mitigate the loss of functional buffer by enhancing the plantings in the buffer along the edge of the wetland. They are proposing an area twice the size of the buffer area lost in compliance with the requirements of Chapter 245 of the Village Code regarding wetlands preservation. Ms. Timpone-Mohamed asked that plans show the limits of the buffer so the Board can see the location of the buffer in addition to the boundary of the wetlands. Planning Board June 12, 2014 Page 10 Acting Chairman Goodman asked for explanation of proposed stormwater management plan. Mr. Weed explained preliminary plan for stormwater run- off. Mr. Weed explained that there is room in the front yard for installation of a Cul-Tec system to detain/retain all of the stormwater on the site. Presently there are no flooding issues on the site. Ms. Schoen asked for more details regarding stormwater management. Mr. Weed said the engineering was not finalized and the applicants want feedback on the plantings and preliminary plans for stormwater management. Mr. Laufer asked whether addition of pool will cause property to exceed maximum allowable impervious surface coverage. Mr. Weed indicated that the total impervious surface coverage would be below the allowable maximum, Mr. Grzan expressed the belief that every homeowner has the right to improve his or her property, especially where the applicant can stay within the requirements of the Village Code. Mr. Grzan noted, however, that the proposed modification of the curb cut and driveway would violate the reciprocal easement agreement and variance condition. Acting Chairman Goodman noted that the application has two separate aspects: the proposed driveway and turn-around in the front yard and the proposed pool, decks and patios in the rear yard. He asked how much impervious surface coverage would be added by construction in the front yard. Mr. Weed stated that driveway and turn-around would add about 1,300 sq. ft. of impervious surface, and the pool area would add approximate 1,800 sq. ft. of impervious surface coverage in the rear yard. Acting Chairman Goodman explained that pool area presents an engineering challenge in dealing with the wetland buffer, but measures can be taken to mitigate loss of buffer. He noted that that the Planning Board could not approve creation of a second curb cut because it does not have jurisdiction to modify the variance or the reciprocal easement agreement regarding the curb cut and the driveway. The applicants would need to go back to the ZBA to modify the variance and the neighbors to dissolve the reciprocal easement agreement. Mr. Weed asked the Board if it would consider widening the driveway. Acting Chairman Goodman expressed concern that widening the driveway might violate the easement agreement. Planning Board June 12, 2014 Page 11 Attorney Butler explained that the ZBA resolution granting the variance has not been located to date. The variance restriction affecting the driveway and curb cut is referenced in the ZBA minutes and the easement agreement with the neighboring property. It is unknown whether expanding the width of the curb cut will violate the restriction. However, anything done to the curb cut may affect the easement, so the easement agreement will need to be addressed by being dissolved or amended. Mrs. Feinsod explained that the two driveways already separated most of their lengths on the properties, and that the application would alter only the last few feet of the driveways and the curb cut. Mr. Accurso asked whether applicants had considered leaving the curb cut as is and adding only the turn-around. Robert Tramantano, the applicants' landscape architect, said the turn-around would help the situation, but the convergence of the driveways presents an issue when two drivers attempt to leave the properties at the same time. Ms. Timpone-Mohamed noted that it appears from the plans that the biggest problem for the applicants is the angle of the driveway in relation to the Hillandale Road right-of-way as it forces a driver entering or leaving their property onto the neighbors section of the drive and curb cut as the vehicle turns. If there is enough space at the approach to the front property line, the curb cut/end of the driveway can be redesigned to change the angle of the driveway and the curb cut flare to allow two cars to pass each other. These changes would not need an amendment of the variance. Ms. Timpone- Mohamed explained that if the driveway angle was corrected and the curb cut flared more, there should not be any problems pulling out of either driveway, and the applicants would not have to go to the ZBA. Attorney Butler explained that, if the applicants want to divide driveway to create two curb cuts, ZBA approval is necessary to remove the condition on the variance. Mrs. Schoen expressed belief that the curb cut looks wide enough to modify. Mrs. Feinsod said issue is pulling out of driveway and that curb and mail box are constantly being damaged. Planning Board June 12, 2014 Page 12 Mr. Grzan expressed a concern about including lot area within the wetland buffer in the calculation of the maximum impervious surface allowed on the property. Mr. Grzan said that the issue should be examined. Attorney Butler indicated that the reciprocal easement agreement for the curb cut does not place an express restriction on the width of the curb cut, but that acceptable width of the curb cut may be prescribed in the Village Code. The agreement states that it may be amended by mutual agreement of the property owners subject to approval by the Village Board of Trustees. If the modifications to the driveway affect the easement area, there will need to be an amendment to the easement agreement. With respect to the variance, that is a separate issue, if the applicants ultimately decide to divide the curb cut. Acting Chairman Goodman suggested that the applicants should get the neighbor involved if there is going to be a modification to the curb cut. Mr. Grzan noted that a letter from the Village to the applicants in November, 2007 indicates that a prior application to create a separate curb cut was rejected because of the restriction. Mr. Tramantano said the applicants made a prior submission to the Village for the same site plan modifications. but the application was abandoned. The applicants thanked the Board for its input. There being no further comments, Acting Chairman Goodman called for a motion to adjourn the meeting. On a motion made by Mrs. Schoen, and seconded by Mr. Laufer, Mr. Nowak called the roll and the meeting was adjourned at 8:30 p.m. Domenic Accurso, Jr. Voting Aye John Grzan Voting Aye Bill Laufer Voting Aye Amy Schoen Voting Aye Acting Chairman Robert Goodman Voting Aye Planning Board June 12, 2014 Page 13