HomeMy WebLinkAbout2015-11-12 - Planning Board Meeting Minutes Approved:3/10/16
VILLAGE OF RYE BROOK
PLANNING BOARD
VILLAGE HALL, 938 KING STREET
Thursday, November 12, 2015 -7:30 p.m.
AGENDA
ROLL CALL
MINUTES:
1. No new minutes
AFFORDABLE HOUSING:
2. Review of a Site Plan Application, and Wetlands and Steep Slopes permit
applications by Buckingham Partners/Sun Homes for a Planned Unit
Development, with a Fair and Affordable Housing component located at 1100
King Street Rye Brook, NY, Parcel ID 129.25-1-1
• Setting a Public Hearing
PUBLIC HEARING:
3. Review of an application by CPW for an amended site plan approval for a
permanent, standby generator and walkways at 1186 King Street, Rye Brook
NY., Parcel I.D. 135.42-1-41
• Considering a resolution
CONTINUED BUSINESS
NEW BUSINESS
LOCAL LAW CONSIDERATION
ACTION ON NON-AGENDA MATTERS
Planning Board
November 12,2015
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NEXT MEETING DECEMBER 10, 2015
BOARD Mr. Domenick Accurso
Mr. Sal Morlino
Mr. Robert Goodman
Mrs. Amy Schoen
Mr. Dan Tartaglia
Chairman Gary Zuckerman
Excused: Mr. John Grzan
STAFF Jennifer Gray, Esq., Village Counsel
Mike Nowak, Jr., Public Works Superintendent
Fred Siefert, Public Access Coordinator/IT
Marilyn Timpone-Mohamed, Village Planning Consultant
BOARD OF TRUSTEES
LIAISON: Trustee David Heiser
Chairman Gary Zuckerman opened the meeting by asking everyone to join him
in the Pledge of Allegiance. He welcomed everyone to the November 12, 2015
Planning Board meeting, and asked that all cell phones be turned off, and that
anyone addressing the Board does so from the podium, using the microphone.
Chairman Zuckerman introduced the Board members and 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.
Chairman Zuckerman called for the first item on the agenda.
2. Review of a Site Plan Application, and Wetlands and Steep Slopes permit
applications by Buckingham Partners / Sun Homes for a Planned Unit
Development, with a Fair and Affordable Housing component located at
1100'King Street Rye Brook, NY, Parcel ID 129.25-1-1
William Null, Esq., legal counsel for the applicant, addressed the Board. He noted that
the applicant has had the opportunity to review the memo from the Village's Consultant,
Frederick P. Clark Associates. Mr. Jerry Schwalbe, of Divney, Tung, Schwalbe was also
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in attendance to respond to questions from the Board. The applicant was asked for
guidelines for future site changes, however the applicant does not want to allow
alterations to the homes in future. He offered to review the points that have changed.
He noted that on the landscape plan that an invasive plant species was swapped out for a
native species. The landscape plan for the stormwater basins is the approved wetlands
permit plan of the office building, which will be installed as revised. He asked to walk
through the various comments made by the Village's Planner.
Mr. Accurso noted that the landscape plan change was a simple one, but there may be
significant changes necessary for the new residential site plan, such as stormwater
retention capacity. He felt that the applicant should take the time to review the
appropriateness of the previously approved stormwater management plan. Attorney
Null noted that the plans will conform to the resolution. It could be a condition that
within thirty days or sixty days of the resolution a set of conforming plans must be
submitted.
Jerry Schwalbe addressed the Board on behalf of the applicant. He noted that two
memos were received, reviewed and were responded to. Going forward the process will
include addressing the technical items. A suggestion was made regarding the water
service line -- to move it from the right side of the road to the left side of the road. He
began his presentation with a review of the points in Dolph Rotfeld's review letter,
noting that these were valid points. He believed each point has already been addressed.
Chairman Zuckerman noted that there are no disagreements with Mr. Rotfeld's
comments.
Noise mitigation, ingress and egress, the roadway, screening, snow removal, which is
part of the maintenance agreement, easements between Reckson and Sun Homes, and
traffic were also discussed. These issues were addressed by the memo from F.P. Clark
Associates. The walking trail was also discussed. The applicant felt that a portion of
the trail should remain for the residents. Mr. Schawlbe indicated where on the property
the trail would be constructed. The representative from Sun Homes reviewed the trail as
well.
The next area of discussion included all phases of the street lighting plan. Lighting
includes the safety issue and it is important to insure that the emergency vehicles can
locate the home. Access must be wide enough for emergency vehicles, as well as
maintenance vehicles.
Mr. Accurso addressed the storm water and sanitary systems. Attorney Null noted that
these systems are being relocated and they are on the current plan. It was noted that the
electrical service is all underground. The transformers will be above ground. Placement
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is indicated on the plan. Also indicated on the plans are the locations of the fire
hydrants.
A letter has been submitted from New York State to the applicant, and a copy will be
forwarded to the Village, regarding the wetlands and wildlife habitat.
Mr. Schwalbe reviewed the construction phasing plan for the Board. The construction
will last approximately 18 months or so. The applicant will be careful about keeping
construction traffic away from occupied areas. No one will move in until the
neighborhood is ready. Assuming final approval in the beginning of 2016, the applicant
hopes to begin as quickly as possible after approval is received. They hope to break
ground in the spring. The building permits will be obtained prior to the foundations
being set.
Amy Schoen expressed concern regarding construction traffic on King Street. Mr. Sal
Morlino also felt that there would be an effect on the traffic on King Street as a result of
construction traffic. The Sun Homes representative responded. He noted that there are
not a lot of large deliveries expected. They will work out deliveries with Reckson so as
not to disrupt office hours. There will be a lot of on-site management.
Mr. Michal Nowak, Superintendent of Public Works, expressed concern regarding the
logistics of delivery of the modular homes. He also questioned the proposed
construction phases and areas of disturbance. Mr. Schwalbe responded that they will
use the open space on the lot for staging deliveries. Areas of disturbance will need to be
reviewed, as well as the retention basin construction. Reckson will be consulted. Mrs.
Timpone-Mohamed noted that a narrative must be supplied for the phasing and the
phased areas of disturbance should be located on a map to limit disturbance of existing
vegetation. Mr. Schwalbe agreed. The cul-de-sacs were discussed, along with parking,
and the entrance for construction vehicles.
The next area of discussion was the proposed extension of the current wetlands permit.
The applicant is committed to doing the work on the wetlands and storm water basin.
Nothing has changed. The wetlands permit must be extended to complete the work.
The wetlands permit was granted by the Board of Trustees. Attorney Jennifer Gray of
Keane & Beane, the Village's Counsel, will review the need for a public hearing for the
extension of the wetlands permit. She noted that the Village Board of Trustees has
approved previous extensions of the wetland permits for the property.
Mr. Schwalbe noted that the applicant has created wetlands areas on the property that
have been stabilized. The applicant will try to minimize disturbance on steep slopes.
Visual impact and landscaping was discussed.
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The last item dealt with was future renovations to the new homes and expansion or
addition of site features of the homes. Chairman Zuckerman noted that it has been the
Village's experience that in the future individual homeowners or the HOA will come
forward to propose building or site modifications that require modification of the
approved site plan. This needs to be taken care of now.
Mr. Tartaglia noted that Mrs. Timpone-Mohamed has made recommendations, and
Mr. Dolph Rotfeld has given direction of what must be done. Mr. Schwalbe noted that
both memos have been addressed.
Mr. Accurso reviewed the fact that the required percentage of affordable units is in the
Village Code, and the PUD regulation restricts the number of units per acre that may be
built. He reviewed the amount of gross floor area allowed by the PUD requirements and
the amount of GFA the applicant was requesting. He then went over the chart provided
by the applicant that shows floor area per acre without the affordable housing and
another section that addresses the floor area per acre with the affordable housing. He
noted the applicant's proposal was over the allowable square footage, but not because of
the inclusion of affordable housing as it appears in the chart. The applicant is requesting
a waiver for the walk out basements and garages not the affordable homes. He felt that
there were errors in the numbers provided by the applicant's chart. Attorney Null noted
his belief the waiver is needed because the affordable units include attached garages.
Chairman Zuckerman noted that the GFA overage is not because of the inclusion of the
affordable units but rather the attached garages and the walk out basements of all units.
He suggested that the chart be clarified. If there is a miscalculation or a
misunderstanding of how the calculation is arrived at it should be clarified.
Attorney Null noted that these are the largest affordable units in Westchester County.
They are considered an important part of the development.
This application requires a public hearing on steep slopes. Chairman Zuckerman called
for the resolution.
Attorney Gray read the Resolution setting a public hearing for the Steep Slopes
application for December 10, 2015, which Resolution is annexed hereto as Exhibit A.
On a motion and a second, the resolution was adopted when Mr. Nowak called the roll:
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Mr. Domenick Accurso voting aye
Mr. Sal Morlino voting aye
Mr. Robert Goodman voting aye
Mrs. Amy Schoen voting aye
Mr. Dan Tartaglia voting aye
Chairman Gary Zuckerman voting aye
The applicant thanked the Board for their time and consideration.
Chairman Zuckerman called for the next matter on the agenda:
PUBLIC HEARING:
3. Review of an application by CPW for an amended site plan approval for a
permanent, standby generator and walkways at 1186 King Street, Rye
Brook NY., Parcel I.D. 135.42-1-41
• Considering a resolution
Chairman Zuckerman called for a motion to open the public hearing. On a motion, and
a second the hearing was declared open.
Mr. Nowak called the roll:
Mr. Domenick Accurso voting aye
Mr. Sal Morlino voting aye
Mr. Robert Goodman voting aye
Mrs. Amy Schoen voting aye
Mr. Dan Tartaglia voting aye
Chairman Gary Zuckerman voting aye
Chairman Zuckerman gave a brief overview of the application.
Mr. Weges, representative for the applicant, noted that the proposed permanent
standby generator is a 70 kilowatt generator. The Planning Board has reviewed the
application and requested some changes. The changes have been made.
On a motion and second, the public hearing was closed.
Mr. Nowak called the roll:
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Mr. Domenick Accurso voting aye
Mr. Sal Morlino voting aye
Mr. Robert Goodman voting aye
Mrs. Amy Schoen voting aye
Mr. Dan Tartaglia voting aye
Chairman Gary Zuckerman voting aye
Attorney Gray read the Resolution approving the Site Plan Amendment, which
Resolution is annexed hereto as Exhibit B.
On a motion and a second, Mr. Nowak called the roll:
Mr. Domenick Accurso voting aye
Mr. Sal Morlino voting aye
Mr. Robert Goodman voting aye
Mrs. Amy Schoen voting aye
Mr. Dan Tartaglia voting aye
Chairman Gary Zuckerman voting aye
The resolution was adopted.
Chairman Zuckerman noted that with his new appointment as Supervisor for the Town
of Rye, he will be resigning from the Planning Board. It is bittersweet as he has served
the Village as Board member of one Board or another for many years. The December
meeting will be his last meeting as Chairman and a member of the Planning Board.
There being no further business before the Board, the meeting was adjourned.
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