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HomeMy WebLinkAbout2016-03-10 - Planning Board Meeting Minutes Approved: 4/14/16 VILLAGE OF RYE BROOK PLANNING BOARD VILLAGE HALL,938 KING STREET Thursday, March 10, 2016 - 7:30 p.m. MINUTES 1. Review of minutes—November 2015, January 2016, February 2016 AFFORDABLE HOUSING 2. Review of a FAH Rezoning Petition, Subdivision and Lot I Site Plan Application for construction of two multi-family affordable dwellings on proposed Lot I (BOT Referral), Site Plan Applications for proposed Lots 2 and 3 to be improved with one market rate single family dwelling on each lot, and Wetland and Steep Slopes Permit Applications, for the property located at 259 North Ridge Street, Rye Brook NY Parcel I.D. 135.35-1-11 Applicant requests an Adjournment PUBLIC HEARING 3. Review of an application for a Steep Slopes Permit by Sun Homes to construct 110 units of housing, at 1100 King Street (International Drive), Rye Brook NY. Parcel I.D. 129.25-1-1 4. Review of a Site Plan & Steep Slopes Application by Wilfred Rohde P.E. on behalf of Douglas and Lisa Levine, to legalize work performed without a permit including regrading and constructing retaining walls, for the property located at 34 Bellefair Road, Rye Brook NY, Parcel I.D. 124.73-1-63 5. Review of a Site Plan Application by 66 Bowman Avenue Realty Corp./Sarah-Anne Trayner, to add a standby generator and a side vestibule, for the property located at 66 Bowman Avenue, Rye Brook NY, Parcel I.D. 141.27-1-24 CONTINUED BUSINESS 6. Review of a Site Plan and Wetland Permit Application by 3 Edgewood Drive LLC, to tear down and construct a single-family dwelling for the property located at 3 Edgewood Drive, Rye Brook NY, Parcel I.D. 135.36-1-31 Applicant requests an Adjournment NEW BUSINESS 7. Review of a Sketch Plan Application by Stanley Rothman for a (3) three lot subdivision, for the property located at 2 Elm Hill, Rye Brook NY, Parcel I.D. 135.51-1-1 LOCAL LAW CONSIDERATION ACTION ON NON-AGENDA MATTERS PRESENT BOARD Dominick Accurso, Jr. John Grzan Jeffrey Richman Amy Schoen Dan Tartaglia Chairman Rob Goodman EXCUSED Sal Morlino 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 Goodman asked everyone to join him in the Pledge of Allegiance, introduced the Planning Board and staff and explained the rules of procedure for the meeting. Chairman Goodman called for the first item on the agenda. MINUTES 1. Review of minutes—November 2015, January 2016, February 2016 The consensus of the Board is that they are happier with the shorter minutes and would prefer to have it done that way moving forward. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the minutes for February 2016 were approved when Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES The Board has not completed their minutes review for January 2016 and November 2015 as of yet so they will be advanced to the April meeting. AFFORDABLE HOUSING 2. Review of a FAH Rezoning Petition, Subdivision and Lot I Site Plan Application for construction of two multi-family buildings with a total of 8 affordable dwelling units on proposed Lot I (BOT Referral), Site Plan Applications for proposed Lots 2 and 3 to be improved with one market rate Page 2 of 19 single family dwelling on each lot, and Wetland and Steep Slopes Permit Applications for the property located at 259 North Ridge Street, Rye Brook, NY, Parcel I.D. 135.35-1-11 The application was adjourned to April 14, 2016 at the request of the applicant. PUBLIC HEARING 3. Review of an application for a Steep Slopes Permit by Sun Homes to construct 110 units of housing, at 1100 King Street (International Drive), Rye Brook NY. Parcel I.D. 129.25-1-1 Mr. William Null of Cuddy and Feder addressed the Board on behalf of the applicant. He explained that this plan is identical to the PUD site plan approved by the Board of Trustees earlier this month. It is being reviewed for approval of a steep slopes work permit. Chairman Goodman asked the applicant to address the transport of the fill required, their phasing plan and how they would minimize disturbance of the site. Mr. Jerry Schwalbe addressed the Board on behalf of the applicant. He explained that the previous application for an office building on this site had a similar amount of disturbance. The Village's main concern is with the phasing because it could take time, approximately 4 years, but the Applicant will limit the disturbance to 5 acres at a time. He reviewed the phasing plan and advised the Board that a more detailed outline of the phasing was submitted to the Village. Mrs. Timpone-Mohamed, Village Planning Consultant, was asked for any comments or concerns she might have. Her concern with the project phasing is the creation of temporary steep slopes that may change as they start each new phase, and the stabilization of the temporary slopes that may exist for years. She suggested they may be conditions that the Board may want to include in the resolution regarding slope stabilization and phasing. The applicant is required by the NYSDEC to open no more than 5 acres of ground at any time. In addition, temporary storm water management must be provided during each phase until the permanent storm water management plan is put in place. Mrs. Schoen asked how the applicant was addressing her concerns about increased traffic on King Street during construction as workers, equipment and transport trucks come and go. Mr. Schwalbe responded that the larger vehicles will more than likely be coming from the North from 684. There will be a pre-construction meeting with Village staff to finalize construction logistics such as traffic management prior to the start of construction. Work to complete the storm water detention basins and the need to amend the Phase 1 and Phase 2 site plans to accommodate the proposed extension of International Drive were also discussed. There being no further comments from the public or the Board, a motion to close the Public Hearing was made by Mr. Grzan and seconded by Mr. Tartaglia. Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES Page 3 of 19 MR. TARTAGLIA YES CHAIRMAN GOODMAN YES Mrs. Jennifer Gray read the resolution which can be found at the end of this document. On a motion made by Mrs. Schoen and seconded by Mr. Richman, the resolution was approved when Mr. Nowak called the roll: MR. ACCURSO NO MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES 4. Review of a Site Plan & Steep Slopes Application by Wilfred Rohde P.E. on behalf of Douglas and Lisa Levine, to legalize work performed without a permit including re-grading and constructing retaining walls, for the property located at 34 Bellefair Road, Rye Brook,NY, Parcel I.D. 124.73-1-63 On a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, the Public Hearing was opened when Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES Mr. Rohde, engineer for the applicant addressed the Board and gave a brief overview of the project. The family would like a usable, safe backyard for the family. The plan proposed lowering the grade of the yard, removing an existing retaining wall and building a new retaining wall. In addition, the back steps leading from the house would be changed to make them more stable. All work is in the back yard except for the north side of the stairs where a repair and replanting will take place. The existing wall that encroaches into the 15 foot wide utility easement will be removed. The new retaining wall will not be located in the easement. Mrs. Timpone-Mohamed added that she reviewed the revised planting plan. The two invasive species in the plan were removed. There being no further comments or questions, on a motion made by Mrs. Schoen and seconded by Mr. Tartaglia, the public hearing was closed when Mr. Nowak called the roll: Page 4 of 19 MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES Mrs. Gray read the resolution which can be found at the end of this document. On a motion made by Mrs. Schoen and seconded by Mr. Grzan, the resolution was approved when Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES 5. Review of a Site Plan Application by 66 Bowman Avenue Realty Corp./Sarah-Anne Trayner, to add a standby generator and a side vestibule, on the property located at 66 Bowman Avenue, Rye Brook, NY, Parcel I.D. 141.27-1-24 On a motion made by Mr. Grzan and seconded by Mr. Richman, the public hearing was opened when Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES Mr. Louis Contadino addressed the Board on behalf of the applicant and gave a brief overview of the proposed plan which is to install a 1000-gallon underground propane tank, a backup generator, and a new vestibule for the side entrance to the building. The applicant requested a waiver of the required topographic survey. The granting of the waiver was recommended by Mr. Nowak. Mrs. Timpone-Mohamed added that the revised landscape plan was reviewed and all her comments have been satisfied. There being no further comments or questions, on a motion made by Mr. Grzan and seconded by Mrs. Schoen, the public hearing was closed when Mr. Nowak called the roll: Page 5 of 19 MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES Mrs. Gray read the resolution which can be found at the end of this document. On a motion made by Mrs. Schoen and seconded by Mr. Richman, the resolution was approved when Mr. Nowak called the roll: MR. ACCURSO YES MR. GRZAN YES MR. MORLINO ABSENT MR. RICHMAN YES MRS. SCHOEN YES MR. TARTAGLIA YES CHAIRMAN GOODMAN YES 8. Review of Site Plan and Wetland Permit Applications by 3 Edgewood Drive LLC, to tear down and construct a single-family dwelling on the property located at 3 Edgewood Drive, Rye Brook, NY, Parcel I.D. 135.36-1-31 The application was adjourned to April 14, 2016 at the request of the applicant. NEW BUSINESS 9. Review of a Sketch Plan submitted by Stanley Rothman for a (3) three lot subdivision of the property located at 2 Elm Hill Drive, Rye Brook,NY, Parcel I.D. 135.51-1-1 Mr. Mike Edelman and Mr. Eric Greenburgh, the future property owners, introduced themselves and Mr. Chris Scelfo, the Architect who will be representing them. Mr. Scelfo gave an overview of the project which includes demolition of the existing home, removal of the existing driveways, pool and walkways, and a proposed subdivision of the property into 3 conforming R-12 building lots. Mr. Grzan asked about the proposed lot boundaries that include one lot with an irregular perimeter creating a "tail" on the lot. The layout is similar to one of the lots of the two lot subdivision approved in 2009. However, the 2009 plat was never filed with the Westchester County Clerk's Office, so the approval has expired. The Applicant believes the tail is necessary for installation of the connection to the sewer main. Members of the Board commented that the tail should be removed from the lot. Mr. Scelfo advised the Board that the three new driveways are located to minimize the disturbance of steep slopes and a full grading plan will be submitted the subdivision and site plan applications. Storm Page 6of19 water management will be provided on each of the three lots. He also briefly discussed the landscape plan, tree removal and sewer lines. Mrs. Timpone-Mohamed addressed the Board regarding the lot with the "tail." She did not believe that the proposed new sewer line would require such a lot configuration as the line could be located in an easement or in the right of way. The sewer main extension and the connection to the lot on the 2009 plan were within the right of way. The formal application must include site plan applications for all three lots and a preliminary plat for the subdivision. Mr. Grzan would like the applicants to rethink the lot with the "tail." He was opposed to it the last time it was before the Planning Board and believes they have enough lot area without it. The Chairman suggested use of an easement. Mr. Tartaglia noted that a house on one of the lots would back up to Crawford Park and he would like to see a lot of vegetation planted to buffer views of the house from the park. He wants to see a rendering of the appearance of the developed lot when viewed from the park. Chairman Goodman mentioned receipt of an email from a homeowner in the area of the subdivision that has comments and concerns. He read the email into the minutes and it can be found at the end of this document. Mr. Accurso also does not agree with the creation of a lot with a "tail," which he opposed when the 2009 plan was reviewed. As this is a new application, all three lots should be conforming lots in all respects. There being no further comments, on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the meeting was adjourned by unanimous voice vote at 9:06 pm. Page 7 of 19 March 10, 2016 APPROVED 6-0— RESOLUTION CONSIDERING AN APPLICATION FOR APPROVAL OF A SITE PLAN AMENDMENT SUBMITTED BY 66 BOWMAN AVENUE REALTY CORP. FOR PROPERTY AT 66 BOWMAN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, 66 Bowman Avenue Realty Corp. (Sarah-Anne Traynor), property owner (the "Applicant"), submitted an application to amend the approved site plan to remove a walkway, construct a new walkway and entry vestibule addition, and install a permanent standby backup generator and underground propane tank on property located at 66 Bowman Avenue, designated as Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Map and located in the R-2F Zoning District; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Application for Site Plan Approval 2. Site Plan Submittal Checklist 3. Exterior Building Permit Application 4. Application to Install a Permanent Standby Backup Generator 5. Short Environmental Assessment Form and EAF Mapper Summary Report 6. Survey of Property, dated August 3, 2015,revised February 2, 2016 prepared by Ward Carpenter Engineers, Inc., White Plains, N.Y. 7. Architect's Plans, prepared by Contadino Architects AIA, Cos Cob, C.T.: Sheet Number Sheet Title Dated SP Plans/Details Revised 2/19/16 A1.0 Plans/Details Revised 12/14/2015 A2.0 Elevations Revised 12/14/2015 CS No title Revised 12/14/2015 SK-1 Landscape Plan 2/9/16; and WHEREAS, in 2012 the Board of Trustees granted an amended special permit and site plan to permit use of the existing 2-story residential building as professional offices for a risk management business with up to 2 professional persons and up to 17 employees; and Page 8 of 19 WHEREAS, the Applicant is seeking an amendment of the approved site plan to remove a walkway, construct a new walkway and entry vestibule addition, and install a permanent standby backup generator and underground propane tank; and WHEREAS, based on the nature of the improvements the Planning Board is the Approval Authority for this application pursuant to Section 209-1.A(2)(a) and (c) of the Village Code; and WHEREAS, on February 11, 2016 the Planning Board classified the application as a Type 2 Action pursuant to the State Environmental Quality Review Act (SEQRA) thereby requiring no further environmental review; and WHEREAS,pursuant to the New York State General Municipal Law and the Westchester County Administrative Code, the application was referred to Westchester County Department of Planning and notice of the public hearing was sent to the Village of Port Chester; and WHEREAS, a duly advertised public hearing was opened on March 10, 2016, at which time all those wishing to be heard on the Application were given such opportunity, and the public hearing was closed on March 10, 2016; and WHEREAS, the Planning Board, Village Planning Consultant, and Village staff have reviewed all application materials, including public comments; and WHEREAS, the Planning Board is fully familiar with the application and the Property. NOW THEREFORE BE, IT RESOLVED, that upon recommendation of the Village of Rye Brook Superintendent of Public Works/Village Engineer, the Village of Rye Brook Planning Board hereby approves the waiver requested by the applicant for the items listed in the site plan submission requirement checklist which were not submitted by the Applicant due to the limited nature of the proposed work. BE IT FURTHER RESOLVED, that the Village of Rye Brook Planning Board hereby grants the application for an amendment to the approved Site Plan for property located at 66 Bowman Avenue. 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. Page 9 of 19 On motion by Ms. Schoen, seconded by Mr. Grzan, Mr. Michel Nowak, Superintendent of Public Works, called the roll: Dominick Accurso, Jr. Voting YES John Grzan Voting YES Sal Morlino Voting Excused Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting YES Robert Goodman, Chairman Voting YES Page 10 of 19 March 10, 2016 APPROVED 5-1 RESOLUTION CONSIDERING AN APPLICATION FOR APPROVAL OF A STEEP SLOPES PERMIT SUBMITTED BY SUN HOMES FOR PROPERTY AT 1100 KING STREET (RECKSON) VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Sun Homes (the "Applicant"), as authorized by property owner Reckson Operating Partnership L.P., submitted an application for a Steep Slopes Permit in connection with the proposed construction of a residential development of 110 single-family dwelling units on property located at 1100 King Street, designated as Section 129.25, Block 1, Lot 1 on the Town of Rye Tax Map and located in the Planned Unit Development ("PUD") District; and WHEREAS, the Applicant is proposing to disturb moderately steep slopes (15% to less than 25%) which will reduce the total area of moderately steep slopes from 3.82 acres to 2.98 acres and create an additional 0.92 acres of very steep and extremely steep slopes (25% to less than 35%, and 35% and greater, respectively); and WHEREAS, the Planning Board is the Approval Authority for this application pursuant to Chapter 213 of the Village Code; and WHEREAS, the Planning Board reviewed the following plans and application materials: 8. Full Environmental Assessment Form Part land EAF Mapper Summary 9. Application for Site Plan Approval 10. Letter to the Planning Board prepared by Divney, Tung, Schwalbe, LLP,White Plains, N.Y., dated December 23, 2015 11. Letter to the Planning Board prepared by Divney, Tung, Schwalbe, LLP,White Plains, N.Y., dated November 25, 2015 12. Letter to the Building and Fire Inspector prepared by Divney, Tung, Schwalbe , LLP,White Plains, N.Y., dated November 24, 2015 13. Letter to the Planning Board prepared by Cuddy and Feder, LLP,White Plains, N.Y. dated November 25, 2015 Page 11 of 19 14. Letter to the Mayor and Board of Trustees prepared by Cuddy and Feder, LLP,White Plains, N.Y. dated September 17, 2015 15. PUD Site Plan Project Description and Rendered Illustrative Home Plans and Elevations prepared by Divney, Tung, Schwalbe , LLP,White Plains, N.Y., no date 16. Stormwater Management Report prepared by Divney, Tung, Schwalbe , LLP,White Plains, N.Y., dated September 2015, Revised December 2015 17. Stormwater Pollution Prevention Plan prepared by Divney, Tung, Schwalbe , LLP,White Plains, N.Y., dated November 2015, Revised December 2015 18. Land Title Survey prepared by Joseph R. Link, Land Surveyor, Mahopac, N.Y. dated March 23, 2002, updated January 26, 2015 19. Letter to Divney, Tung, Schwalbe from NYSDEC Division of Fish, Wildlife and Marine Resources, New York State Natural Heritage Program,Albany, N. Y., dated February 25, 2015 20. Willingness to Serve Letter from United Water New York, dated October 9, 2015 21. Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld Engineering , P.C., Tarrytown, N.Y. dated January 7, 2016 22. Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld Engineering , P.C., Tarrytown, N.Y. dated November 3, 2015 23. Engineer's Plans, prepared by Divney, Tung, Schwalbe, LLP,White Plains, N.Y.: Sheet Number Sheet Title Date No number Cover Sbeet 9/17/15 rev. 12/23/15 SP-1.0 Overall Site Plan 9/17/15 rev. 12/23/15 SP-1.1 Site Layout Plan 9/17/15 rev. 12/23/15 SP-2.0 Grading and Utility Plan 9/17/15 rev. 12/23/15 SP-3.0 Site Utility Plan— Overall 9/17/15 rev. 12/23/15 SP-3.1 Typical Unit Plan 9/17/15 rev. 12/23/15 SP-4.0 Landscape Plan— Overall 9/17/15 rev. 12/23/15 SP-4.1 Landscape Plan— Typical Unit/Clubhouse 9/17/15 rev. 12/23/15 SP-5.0 Erosion and Sediment Control Plan 9/17/15 rev. 12/23/15 SP-5.1 Erosion and Sediment Control Details 9/17/15 rev. 12/23/15 SP-5.2 Phasing Plan 9/17/15 rev. 12/23/15 SP-6.0 Site Sections 9/17/15 rev. 12/23/15 SP-6.1 Road Profiles 9/17/15 rev. 12/23/15 Page 12 of 19 SP-6.2 WlaterProfiles 9/17/15 rev. 12/23/15 SP-6.3 Sanitary Seaver Profiles 9/17/15 rev. 12/23/15 SP-6.4 Storm Seaver Profiles 9/17/15 rev. 12/23/15 SP-7.1 to SP-7.3 Site Details 9/17/15 rev. 12/23/15 SP-8.0 Site LightingPlan 9/17/15 rev. 12/23/15 L-02 Planting Lighting and WFetland Mitigation Plan 5/25/07 rev. 11/23/15 F-1 Fire Protection Plan 11/18/15 SS-1.0 Slope Analysis 12/23/15; and WHEREAS, on July 28, 2015 the Board of Trustees adopted a Negative Declaration pursuant to SEQRA for the Proposed Action which includes certain text amendments to the PUD zoning regulations in Chapter 250 of the Village Code, rezoning the Property from OB-1 to PUD, PUD Concept Plan and PUD Site Plan approvals, and other permits and approvals, including a Steep Slopes Permit; and WHEREAS, on August 18, 2015 the Board of Trustees rezoned the Property from OB-1 to PUD and approved a PUD Concept Plan for the Sun Homes development; and WHEREAS, on February 23, 2016 the Board of Trustees approved a PUD Site Plan submitted by Sun Homes for the construction of 110 single-family dwelling units and related amenities and improvements, subject to approval of Steep Slope Permit; and WHEREAS, a duly advertised public hearing on the Steep Slopes Permit application was opened on December 10, 2015 and continued to January 14, 2016 and March 10, 2016, at which time all those wishing to be heard on the Application were given such opportunity, and the public hearing was closed on March 10, 2016; and WHEREAS, the Planning Board has considered the Steep Slopes Work Permit standards set forth at Village Code §213-6; and WHEREAS, the Planning Board, Village Planning Consultant, and Village staff have reviewed all application materials, including public comments; and WHEREAS, the Planning Board is fully familiar with the application and the Property. Page 13 of 19 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby grants the requested Steep Slopes Work Permit for property located at 1100 King Street, subject to the following condition: 1. During the development of the site, limits of construction shall be established and maintained, temporary and permanent slope stabilization measures shall be employed, and existing vegetation proposed to remain in areas adjacent to disturbed areas and slopes shall be protected during construction to ensure its survival post-construction. 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. On motion by seconded by Mr. Michel Nowak, Superintendent of Public Works, called the roll: Dominick Accurso,Jr. Voting NO John Grzan Voting YES Sal Morlino Voting Excused Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting YES Robert Goodman, Chairman Voting YES Page 14 of 19 March 10, 2016 APPROVED 6-0 RESOLUTION CONSIDERING AN APPLICATION FOR APPROVAL OF A SITE PLAN AND STEEP SLOPES PERMIT SUBMITTED BY DOUGLAS AND LISA D. LEVINE FOR PROPERTY AT 34 BELLEFAIR ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Douglas and Lisa D. Levine, submitted an application for approval of a Site Plan and Steep Slopes Work Permit to regrade property and construct retaining walls at 34 Bellefair Road in a Planned Unit Development (PUD) zoning district, said premises being further identified as Section 124.73, Block 1, Lot 63 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Planning Board reviewed the following plans and application materials: 24. Short Environmental Assessment Form dated December 23, 2015 25. Exterior Building Permit Application 26. Site Plan Application and Checklist 27. Letter to the Building Department from Rohde, Soyka and Andrews, Consulting Engineers, P.C., Poughkeepsie, N.Y., dated December 22, 2015 28. Photographic survey of property 29. Topographic Survey, prepared by Ward Carpenter Engineers, Inc.,White Plains, N.Y. dated October 22, 2015 30. Wall Calculations prepared by Rohde, Soyka and Andrews, Consulting Engineers, P.C., Poughkeepsie, N.Y., dated January 20, 2016 31. Engineer's Plans, entitled "Revised Site Plan Application" prepared by Rohde, Soyka and Andrews, Consulting Engineers, P.C., Poughkeepsie, N.Y.: Sheet Number Sheet Title Dated C-1 Site Plan and Notes 9/15 rev. 2/8/16 C-2 Partial Site Plan and Details 9/15 rev. 2/8/16 C-3 Details— 1 9/15 rev. 2/8/16 C-4 Details-2 9/15 rev. 2/8/16; and Page 15 of 19 WHEREAS, the Planning Board is the Approval Authority for this application pursuant to Section 209-1.A(2)(a) and Chapter 213 of the Village Code; and WHEREAS, on February 11, 2016 the Planning Board classified the application as a Type 2 Action pursuant to the State Environmental Quality Review Act (SEQRA) thereby requiring no further environmental review; and WHEREAS, a duly advertised public hearing was opened on March 10, 2016, at which time all those wishing to be heard on the Application were given such opportunity, and the public hearing was closed on March 10, 2016; and WHEREAS, the Planning Board has considered the Steep Slopes Work Permit standards set forth at Village Code §213-6; and WHEREAS, the Planning Board, Village Planning Consultant, and Village staff have reviewed all application materials, including public comments; and WHEREAS, the Planning Board is fully familiar with the application and the Property. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby approves a Site Plan and Steep Slopes Work Permit for property located at 34 Bellefair Road, subject to the following conditions: 1. During construction, every reasonable effort shall be made to minimize disturbance of the remaining vegetation and slopes in the rear yard. 2. This resolution shall not be construed to authorize the disturbance, alteration or removal of any trees, stone walls, retaining walls or other vegetation, landscaping or improvements located outside the boundary line of property located at 34 Bellefair Road. It is noted that implementation of the Site Plan would require work to be performed on property located at 32 Bellefair Road to remove an existing wall encroachment and perform grading activities. Authorization of work on such property is outside the scope of this Resolution as it does not meet the minimum threshold for a steep slopes permit or any other approval from the Planning Board. However, prior to the issuance of a Building Permit for work at 34 Bellefair Road, the Applicant shall obtain all necessary permits from the Village for the work proposed at 32 Bellefair Road and shall obtain a Temporary Construction Easement from the owner of property located at 32 Bellefair Road for the purpose of removing the encroaching wall, performing grading activities, and installing vegetative ground cover over disturbed areas. The Applicant shall submit the Temporary Construction Easement to the Village for review and approval by the Village Attorney as to form. Page 16 of 19 3. The Ash tree located up-hill in proximity of the new wall shall be removed. A replacement tree or payment to the Village's Street Tree Fund shall be provided in accordance with Chapter 235 of the Village Code. Any replacement tree must be located at least 15 feet from the top of the retaining wall. 4. The Applicant shall remove the invasive species listed on the Landscape Plan (Ivy, hedera helix; and Periwinkle, vinca minor) and replace them with native species to the satisfaction of the Village Engineer/Superintendent of Public Works, or eliminate the invasive species altogether without replacement. 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. On motion by Ms. Schoen, seconded by Mr. Grzan, Mr. Michel Nowak, Superintendent of Public Works, called the roll: Dominick Accurso,Jr. Voting YES John Grzan Voting YES Sal Morlino Voting Excused Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting YES Robert Goodman, Chairman Voting YES Page 17 of 19 From: Gene Strum [mailto:estrum(cboptonline.net] Sent: Wednesday, March 09, 2016 12:24 PM To: Christopher Bradbury Cc: David M. Heiser Subject: 2 Elm Hill - Subdivision Chris, Trustee Heiser indicated that you thought it best if this message to the planning board were delivered through you: I am writing concerning the proposed subdivision at 2 Elm Hill Drive. I reside and own at 308 Betsy Brown Road, and although I live nearby the proposed subdivision I have no objection in principle to adding two residences to the area. I do have some concerns on planning issues. As a means of introduction to the members of the board, I served on the Village Board of Trustees from 1995 to 1999. For the six years before that I served as the chair of your board — the Village Planning Board, and was a member of such board for four years prior to that. My concerns on the proposed plan are twofold: First, the subdivision code calls for a street plan that provides a cul-de-sac at the end of any permanent dead end. When the portion of Betsy Brown Road terminating at Crawford Park was originally laid out, the Crawford property was in private hands. The terminus of the road could be considered a temporary dead end as there was the very real prospect that the Crawford property could henceforth be subdivided and Betsy Brown Road could then be continued. Now, however, the Crawford property is designated parkland, and the road cannot be extended, so the dead end is permanent. To be fully compliant, the subdivision application should include such change in the street plan. Upon reflection, I do feel it would be inappropriate to impose such a requirement in this instance as it would prove to be a dramatic increase in the impervious area -- providing drainage issues. I do think the opportunity should be taken Page 18 of 19 to obtain for a more attractive end of this street with, although not a full cul-de-sac, a more reasonable area in which cars are able to turn around. This could be accomplished by reducing the land area of Lot #1 , while still leaving it code compliant. Second, the proposed plan shows a fifteen foot wide swath running between Betsy Brown Road and Lot #2, with this property belonging to Lot #1 . The stated purpose of this is to be able to run utilities without excavating on the road itself. In my opinion and experience such a plan would result in difficulties in the future with the responsibility of maintaining such land. In all probability, the Village would have to step in at some future time and provide maintenance — an inconvenient and unhappy result. As Betsy Brown Road is a collector street and therefore very wide, and as only 3 homes are locating on this stub end of the street, the excavation of the road would not be a major inconvenience (probably no more inconvenient than the excavation in this proposed swath of land), leaving sufficient room for access to these existing driveways, and would be a better alternative to providing these utilities to Lot #1 , with regular lot lines. I would hope the Planning Board would consider these comments as the deliberations of this subdivision proceed. Eugene (Gene) Strum 308 Betsy Brown Road 914 939-4833 estruma-optonl ine.net Page 19 of 19