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HomeMy WebLinkAbout2016-05-12 - Planning Board Meeting Minutes APPROVED:9/5/16 VILLAGE OF RYE BROOK PLANNING BOARD VILLAGE HALL,938 KING STREET Thursday,May 12,2016-7:30 p.m. MINUTES 1. Review of minutes—April 2016 Minutes 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 1 (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 APPLICATION IS SCHEDULED FOR MAY 26,2016 PUBLIC HEARING 3. Review of an Amended Site Plan Application by Hilton Westchester to construct a tent structure at the property located at 699 Westchester Ave,Rye Brook,NY,Parcel I.D. 135.74-1-8 4. Review of Steep Slopes and Wetland Permit Applications by Rye Ridge Park, LLC(Jonathan Kallman)to construct parkland and parking at the"Strip"property and Rye Ridge Plaza located on Bowman Ave, Rye Brook, NY, Parcel LD.s 141.26-1-1 and 141.27-1-7. 5. Review of a Site Plan and Wetland Permit Application by John Defeo (Studer Design) on behalf of Mr. and Mrs. Solomons for an in-ground swimming pool and patio with associated improvements for the property located at 54 Lincoln Ave,Rye Brook,NY, Parcel I.D. 135.49-1-5 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 1 APPLICATION ADJOURNED TO JUNE 9,2016 7. Review of a referral from the Board of Trustees of an Amended Site Plan Application and Subdivision Application by Rye Ridge Park,LLC(Jonathan Kallman)to construct parkland and parking for the"Strip"property and Rye Ridge Plaza located on Bowman Ave,Rye Brook,NY,Parcel LD.s 141.26-1-1 and 141.27-1-7 8. Review of a referral from the Board of Trustees regarding proposed legislation amending the Zoning Code regarding Home Occupations 9. Review of a referral from the Board of Trustees regarding proposed legislation amending the Zoning Code regarding fences,landscape walls and retaining walls NEW BUSINESS 10.Review of an Amended Site Plan Application by Reckson Operating Partnership,L.P.,to reduce the width of the extension of International Drive to 2-lanes,relocate trash compactors and the salt storage area,and provide an emergency access driveway for property located at 1100 King Street Rye Brook NY,Parcel LD.s 124.81-1-1 and 124.82-1-1. 11.Discussion regarding possible amendments to the Planning Board's Rules of Procedure ACTION ON NON-AGENDA MATTERS NEXT NIEETEVG MAY 26,2016 PRESENT BOARD Dominick Accurso,Jr. John Grzan Sal Morlino Jeffrey Richman Amy Schoen Dan Tartaglia Chairman Rob Goodman STAFF Mrs.Jennifer Gray,Village Counsel Mrs.Marilyn Timpone-Mohamed,Village Planning Consultant Mr.Mike Nowak,Jr.,Village Engineer/Superintendent of DPW Ms.Shari Melillo,Planning Board Secretary 2 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—April 2016 Minutes There being no questions or comments,Chairman Goodman called for a motion to approve the minutes. On a motion made by Mrs. Schoen and seconded by Mr.Morlino,Mr.Nowak called the roll,and the resolution was approved: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES AFFORDABLE HOUSING 2. Review of a FAH Rezoning Petition, Subdivision and Lot 1 Site Plan Application for construction of two multi-family affordable dwellings on proposed Lot 1 (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 Chairman Goodman advised that the application received an adjournment to the next Planning Board meeting on May 26,2016. With the approval of the Board,Chairman Goodman took the next application out of order. 5. Review of a Site Plan and Wetland Permit Application by John Defeo (Studer Design) on behalf of Mr. and Mrs. Solomons for an in-ground swimming pool and patio with associated improvements for the property located at 54 Lincoln Ave,Rye Brook,NY, Parcel I.D. 135.49-1-5 3 On a motion made by Mrs. Schoen and seconded by Mr.Morlino,Mr.Nowak called the roll and the Public Hearing was opened: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES Mr. Craig Studer of Studer Designs addressed the Board and gave an overview of the project which included removal of an existing pool and patio and installation of a new pool, barbecue area and deck. The backyard has a tributary stream of the Blind Brook running through it. Mr. Studer advised that the comments from the Frederick P. Clark memo were addressed.Mitigation planting is proposed throughout the area and on slopes, which will provide permanent erosion control. They met all requirements for mitigation plantings for the area of disturbance in the wetland buffer. The wetland delineation was updated and added to the survey. Mrs.Timpone-Mohamed added that the applicant provided mitigation for the 2800 square feet of buffer disturbance,proposing 5200 square feet of mitigation plus another 540 square feet of clean up and restoration in the stream channel with removal of invasive plant species.The requirements have been met for the wetland permits,and the fence was removed from the stream channel as requested. Mr.Accurso asked if there would be any net increase in impervious surface area from the project.Mr.Studer responded that it was a small increase of only a few hundred square feet.He added that stormwater run-off from the pool deck is captured by a slot drain,and all run-off from other new impervious surfaces will be captured as well. Mr.Mike Nowak noted that the applicant requested a waiver from providing a full topographic survey of the property.Normally,for an application of this size,it is the practice to allow submission of a partial topographic survey.Therefore,he recommends approval of the waiver. There being no further comments or questions,on a motion made by Mrs.Schoen and seconded by Mr.Morlino,Mr.Nowak called the roll and the Public Hearing was closed: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES 4 MR.TARTAGLIA YES CHAIRMAN GOODMAN YES Mrs.Jennifer Gray read the resolution which can be found at the end of these minutes. On a motion made by Mrs. Schoen and seconded by Mr.Richman,Mr.Nowak called the roll and the resolution was approved: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES PUBLIC HEARING 3. Review of an Amended Site Plan Application by Hilton Westchester to construct a tent structure for the property located at 699 Westchester Ave,Rye Brook,NY,Parcel I.D. 135.74-1-8 On a motion made by Mr.Richman and seconded by Mrs.Schoen,Mr.Nowak called the roll and the Public Hearing was opened: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES Steve Wrabel,Esq.addressed the Board as legal counsel for the Hilton stating that they last appeared before the Planning Board on April 14"`.As requested,they submitted a landscape plan,the maximum capacity of the tent was revised to 541persons as per the memo from Building Inspector Mike Izzo,and they will clean up the existing paths into the wooded buffer.It is anticipated that music may be part of events in the tent but the music will not be played beyond 9 pm during the week and lOpm on Friday and Saturday nights.There will be no open flames in the tent,or smoking in tent,and there will be no food trucks or mobile kitchens used. Michael Junghans,engineer for the applicant,addressed the Board and gave an overview of the site plan.They believe there is sufficient parking to accommodate events in the tent even with the tent in place,and additional parking can be provided across the street,as 5 needed,at 800 Westchester Avenue.They have added new landscape plantings to buffer the adjacent residential properties.In lieu of an opaque perimeter fence they propose a tiered landscape approach to provide a dense buffer.There are currently walkways which they will improve cover with mulch,which they feel would provide a more formal way to direct people off the site. Mrs.Timpone-Mohamed responded that there were a number of outstanding issues. She questioned the applicant's intent to add walkways to the rear of the property,as that area is not a hotel entrance.Her concern is there is human activity in the vegetated buffer, along with the visual issues of cars parking at night time in the hotel parking areas.In her opinion,it would be more appropriate to install an opaque fence along the perimeter of the property to hide the activity. In regard to use of the tent and parking demand and capacity,originally it was explained that use of the tent use was for hotel guests so the tent would not expand the facilities of the hotel or the parking demand and there would be no need for additional parking spaces.Now,the applicant is saying that the tent will be used for events such as bridal parties,meetings,etc.that are not associated with hotel guests. Therefore,there is concern that the parking space supply may not be sufficient to handle hotel guests and the additional parking demand of the tent events. Mrs.Timpone-Mohamed asked for analysis from the applicant of estimated parking demand and supply to demonstrate that there will be sufficient parking available,and that the visual impacts of the tent will not be significant for the neighbors.She wanted more information regarding the tent and its use related to the tent being lit at night,its visibility in the day time,and noise levels from outdoor air conditioner units and a stand by generator. Jennifer Gray,Esq.,Village Attorney,clarified the comments raised about zoning requirements.In the H-1 district,setback requirements are applicable to buildings.The Building Inspector has reviewed the plan and determined the tent to be a structure,but not a building,which means setback requirements don't apply to the tent.However,the Board has the power to require the tent to be located farther away from property lines than proposed.With respect to parking,it is the same issue,the Board has the discretion to address parking with the applicant. Temporary tents are governed under Chapter 24 of the New York State Fire Code and temporary tents must comply with specific regulations.The tent is proposed to be up for a period of 6 months at a time,but no longer than 180 days in a 12 month period,and may be for multiple years. Chairman Goodman stated that the Board has broad discretion to address all planning issues,but we cannot redefine terms such as"building"or"structure". Mr.Tartaglia added that the Zoning Board can overrule the Building Inspector's interpretation. 6 Mr.Grzan asked about the generator that would only power the air conditioners.He asked if the applicant considered supplying electrical power for the HVAC equipment from the electric utility supplying the hotel instead of a generator that is noisy and near the neighbors. Mrs.Schoen was under the impression that the tent was to be used for training and at no time did other types of events come up in the discussion,which bothered her.She asked,Why is it necessary to use a tent for major events when the hotel has a ballroom? Mr.Wrabel responded that any late day events would be held in the ballroom.Right now the tent is only planned for training,but it also may be used for other events. Mrs.Schoen asked if moving the overflow parking to 800 Westchester would cause an issue with their parking requirements. Mr.Accurso would like to make a site visit to particularly get into the backyards of some of the neighbors so he can see the site from their vantage point. Chairman Goodman took comments from the public for a limited amount of time. Kenneth Florneze,3 Maple Court,advised the Board that he felt what is going on at the Hilton is very destructive and upsetting.He has a single family residential home and the proposed generator will be 100 feet from his windows.The Hilton has a temporary tent in place for the Jewish Holidays so neighbors have seen how tent events will operate.Even with a restriction of hours of use,there will be truck deliveries before,and clean up,etc. after events.The noise affects a residential area.This is about peace of mind in your neighborhood. When the hotel has their entire property to choose from,the proposal locates the tent 100 feet from people's homes.The hotel should recognize we are their neighbors. Nicole Florneze stated that during the holidays when the Hilton hosts festivities there is a lot of loud noise.She noted that she calls the Hilton regularly to complain about the noise and unsavory activities in the area behind the tent and near her home. Chris Broderick, 14 Beacon Lane,asked the Board to consider the equipment necessary to support this kind of tent,not just the generators,but the AC units plus the people in the tent,the workers,and the music creating noise. Kevin Jamison,2 Maple Court,appreciates all the issues discussed.He lives on the other side of the street from the Hilton property and he knows how loud noise from the hotel can be. Joanna Topping, 19 Beacon Lane,is directly adjacent to the wooded buffer area. She is also an attorney and would like the Board to take a hard look at the proposed means of egress.She also believes the project is an extension of the hotel dining facilities,and that they may not have adequate parking,because they have not considered the additional employees needed for the tent. 7 Josephine Barber, 16 Beacon Lane,stated her concerns about noise and that she put in a fence,but only on her property.She can't use her backyard because there is always someone wandering around on the hotel property. Vanessa Olgone, 16 Beacon Lane,stated that as time has gone on trees have come down and now there is no effective screening. She asked the Board to come to her property to look at the situation. Adolph Panatere,3 Lincoln Avenue,is more worried about the sewer problems at the hotel. Michelle Sevetta,Jennifer Lane,is concerned about the walkways in the wooded area,and that improving them will generate more foot traffic there. Mrs.Timpone-Mohamed clarified that the Hilton is not asking to extend the vehicular road up the hill onto Beacon Lane.Extending the vehicular road is not part of the application. Mr.Grzan asked about alternate locations for the tent and suggested the applicant look a little harder at other locations. Chairman Goodman advised the applicant that they had a number of decisions to make. The application is troubling to many of their neighbors. From his perspective, it concerns him that the purpose for the structure was not set out in full when the application was made.Even though it would not be up for a year, it is a large,solid structure.The Hilton is not in a strip mall or in an isolated location away from residential neighbors. The fact that the event attendees can walk through the neighbor's properties regularly is a big concern.He suggested that the applicant meet with the Village consultants and the staff to discuss the issues raised at the meeting and in correspondence from neighbors received by the Planning Board.The application will be adjourned to the June 9,2016 next meeting and he would like the applicant to take affirmative steps to address the issues. CONTINUED BUSINESS 4. 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 APPLICATION ADJOURNED TO JUNE 9,2016 5. Review of Steep Slopes and Wetland Permit Applications by Rye Ridge Park, LLC (Jonathan Kallman) to construct parkland and parking for the property located at Bowman Ave,Rye Brook,NY,Parcel I.D. 141.26-1-1 and 141.27-1-7. 8 On a motion made by Mr.Richman and seconded by Mrs.Schoen,Mr.Nowak called the roll and the Public Hearing was opened for the steep slopes and wetland permit applications: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES Mr.Silverberg addressed the Board stating the purpose of the appearance is review of the site plan for recommendation back to the Trustees and the Public Hearing for the wetlands and steep slopes applications.The applications are for a public/private partnership that is trying to develop the public park that was part of the original K&M Bowman Avenue Realty Corporation application.The applicants met with the Village consultants since the last meeting and they are hopeful that the applications can move forward. Jim Ryan addressed the Board advising them of the submission of new information since the April 14u`meeting,which they believeaddresses comments from F.P.Clark and Dolph Rotfeld of DRE.They provided the new topographic information requested and some soil testing to provide answers to Dolph Rotfeld's comments. Chairman Goodman noted that there was a DRE memo issued today regarding stormwater management. Mr.Ryan believes the comments may have been addressed already In terms of the impacts relating to the wetlands,and F.P.Clark's comments,they supplemented the plantings,and stabilized the edge of the water with plantings,which helps with the visual impacts as well.The other issue is flood plain concerns.They must demonstrate that the flood storage capacity of the site will not be altered. In regard to the subdivision,they have worked closely with Building Inspector,Mickey Izzo.There are two variances required,one for frontage and one for the buffer and set back in the Scenic Roads Overlay District.They have filed their application and are hoping to be on the June Zoning Board of Appeals agenda. They also reached out to Westchester County regarding the Stream Channel Permit,as required. Mrs.Timpone-Mohamed advised the Board that her office just began reviewing what was received from the applicant.However,they have a comment about an entrance to the park in the area of the Roanoke neighborhood.There would be maintenance and safety issues with the portion of the access that goes beyond the land area that belongs to the Village.She is not sure there is a benefit to the access as proposed.The other issue is the 9 reconfigured parking on the Rye Ridge Plaza lot that includes travel aisles at thethe entrance and exit that would be confusing to drivers.nShe believes it can probably be fixed with proper signage in that area and a little reconfiguring of the layout.The landscaping has been improved,the grading plan is good because the new park features are located mostly above the limit of the land area that floods.She still had concerns about the parking area lighting and would like it to be less intrusive to the residences nearby.The applicant still needs to supply a subdivision plat. Mr.Tartaglia would like another entrance to the park near the trash compactor.He thinks we are missing an opportunity by not having an entrance in the upper part of that area.He would like to see the existing trash enclosure moved or better screened. Public comment: Colleen Dorros, 16'/2 Westview Avenue,just heard about the plan.She goes to the small park off Roanoke with her grandson all the time.No one in the area is aware that there may be changes in the park.Her main concern was that the park would be taken away. She would liketo have better access to the exisitng small park on Roanoke. Nancy Weber,21 Westview Avenue,also thought the small park was going to be paved over,and agrees that better access is needed. There being no further questions or comments,Mrs.Jennifer Gray read the draft report and recommendations to the Board of Trustees. On a motion made by Mrs. Schoen and seconded by Mr.Richman,Mr.Nowak called the roll and the report was approved: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES Mrs.Gray read the resolution forwarding the report to the Board of Trustees and on a motion made by Mr.Morlino and seconded by Mrs.Schoen,Mr.Nowak called the roll and the resolution was approved: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES 10 On a motion made by Mr.Tartaglia and seconded by Mrs.Schoen,Mr.Nowak called the roll and the Public Hearing on the steep slopes and the wetlands permits was continued to June 9"`: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES NEW BUSINESS 6. Review of an Amended Site Plan Application by Reckson Operating Partnership,L.P.,to reduce the width of the extension of International Drive to two lanes,relocate trash compactors and the salt storage area,and provide an emergency access driveway for the property located at 1100 King Street Rye Brook,NY,Parcel I.D. 124.81-1-1 and 124.82-1- 1. Jerry Schwalbe of Divney Tung Schwalbe gave an overview of the proposal to move a trash compactor and salt storage area from the current locations to the Reckson Phase 2 parking area to allow the emergency access road for the Sun Homes development to be built,and change the width of International Drive beyond the Reckson Phase 1 and Phase 2 parking areas from four lanes to two lanes. Mrs.Timpone-Mohamed read the resolution setting the public hearing: On a motion made by Mrs. Schoen and seconded by Mr.Morlino,Mr.Nowak called the roll and the resolution was approved: MR.ACCURSO YES MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA YES CHAIRMAN GOODMAN YES There being no further business,on a motion made by Mrs.Schoen and seconded by Mr. Morlino,the meeting was adjourned at 10:41 pm by unanimous voice vote. 11 RESOLUTION APPLICATION FOR SITE PLAN AND WETLAND PERMIT APPROVAL FOR 54 LINCOLN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, on behalf of property owner Laura and Seth Solomans, applicant Studer Design Associates(John de Feo) submitted an application for approval of a site plan and Wetland Permit to replace an in-ground swimming pool and pool equipment, and construct a pool patio, pool enclosure fence, pavilion, pergola and permanent barbeque area in the rear yard of the property located at 54 Lincoln Avenue in the R-12 Zoning District and the Scenic Roads Overlay District(SROD),Section 135.49, Block 1, Lot 5 as shown on the Town of Rye Tax Assessor's Map;and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Short Environmental Assessment Form and EAF Mapper Summary Sheet dated February 10,2016 2. Exterior Building Permit Application 3. Application for Site Plan Approval 4. Wetland Delineation,prepared by Pfizer-Jahnig Environmental Consulting, Ridgefield,C.T.,dated April 25,2016 5. Wetlands and Watercourse Permit Application Narrative Letter to the Planning Board from Studer Design Associates,Inc., 6. Photograph survey of property 7. Partial Topographic Survey,prepared by Thomas C.Merritts Land Surveyors, P.C.,Pleasantville,N.Y.dated January 12,2016,revised April 25,2016 8. Sheet A-1, Proposed Pavi lion and Pergola,prepared by John Clements Architect, Ridgefield,C.T.,dated December 15,2015, revised February 3,2016. 9. Sheet 1,Erosion and Sediment Control Plan,prepared by Fusion Engineering, P.C.,White Plains,N.Y.,dated February 4,2016 10.Landscape Architect's Plans,prepared by Studer Design Associates, Inc.,Ridgefield,C.T.: Sheet Number Sheet Title Dated LA-1 Proposed Pool Ste Plan 2/9/16 rev. 4/26/16 LA-2 Proposed Pool Layout and Grading Plan 2/9/16 rev.4/26/16 LA-3 Proposed Pool Area Take-Offs 2/9/16 rev. 4/26/16 12 LA-4 Proposed Pool Planting Plan 2/9/16 rev. 4/26/16 LA-5 Proposed Pool Details 2/9/16 rev. 4/26/16 LA-6 Proposed Pool Notesand *ecifications 2/9/16 rev. 4/26/16; and WHEREAS, on April 14,2016 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 the 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 landscaping, wetland buffer and stormwater management and the plans were revised according to the comments;and WHEREAS, on May 12, 2016, the Planning Board opened a public hearing on the subject application,at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on May 12,2016;and WHEREAS,the Planning Board has considered the wetland permit standards set forth at Village Code §245-8(A) and recognizes the Applicant proposes wetland mitigation in compliance with Village Code standards;and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW,THEREFORE,BE IT RESOLVED,that upon recommendation of the Village of Rye Brook Superintendent of Public Works/Village Engineer,and upon a finding that the topographic information relevant to this application(which involves work in the rear yard only)has been duly submitted,the Village of Rye Brook Planning Board hereby approves the waiver requested by the applicant from the requirement of providing a current topographic survey for portions of the property other than the rear yard. BE IT FURTHER 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 replace an in-ground swimming pool and pool equipment and construct a pool patio,pool enclosure fence,pavilion,pergola and permanent barbeque area in the rear yard of the property located at 54 Lincoln Avenue,upon the following conditions: 13 1. All plantings required in the plan titled Proposed Pool Planting Plan(5ieet LA-4), prepared by Studer Design Associates, Inc.,dated 2/9/16,last revised 4/26/16, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. 2. The Applicant must secure a Stream Control Permit from the Westchester County Department of Public Works and Transportation to perform work within 100 feet of the mapped and regulated channel of the Blind 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;and 14 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. 15 RESOLUTION SETTING A PUBLIC HEARING FOR AMENDED SITE PLANS AND STEEP SLOPES WORK PERMITS FOR 1100 KING STREET,RECKSON EXECUTIVE PARK PHASE 1 AND PHASE 2SUBMITTED BY RECKSON OPERATING PARTNERSHIP,LP VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS,the Reckson Operating Partnership,LP,property owner,submitted applications for approval of an amended site plan and a Steep Slopes Work Permit to alter the approved configuration of International Drive on Reckson Executive Park Phases 1 and 2, 1100 King Street,Section 124.81,Block 1,Lot 1 and Section 124.82, Block 1,Lot 1,respectively on the Town of Rye Tax Assessor's Map and located in the OB-1 District and the King Street Scenic Road Overlay District(SROD),to provide access to the Sun Homes development;and WHEREAS,the review of the modifications to the approved layout of International Drive and the location of the trash compactor and salt storage area were reviewed as part of the SEQRA review of the PUD Concept and Site Plans for the Sun Homes development,and a Negative Declaration was adopted by the Rye Brook Board of Trustees on July 28,2015 thereby ending the SEQRA process. NOW,THEREFORE,BE IT RESOLVED,that the Planning Board of the Village of Rye Brook shall hold a public hearing on June 9,2016 at 7:30 p.m.at Village Hall,938 King Street,Rye Brook,New York to consider the above-referenced applications;and BE IT FURTHER RESOLVED,that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification for the public hearing. 16 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE SITE PLAN AND SUBDIVISION APPLICATIONS BY RYE RIDGE PARK LLC 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 requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. PLANNING BOARD OF THE ViLLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE SITE PLAN AND SUBDIVISION APPLICATIONS BY RYE RiDGE PARK LLC FOR PROPERTY ON BOWMAN AVENUE I. PROJECT OVERVIEW On March 22, 2016, the Village of Rye Brook Board of Trustees ("BOT") referred to the Village of Rye Brook Planning Board("Planning Board")an application for approval of an Amended Site Plan for the Rye Ridge Shopping Center (Parcel ID 141.27-1-7) and a Third Amended Site Plan and Amended Subdivision (Parcel ID 141.26-1-1),for consideration of a Report and Recommendation. The Board of Trustees is the approval authority for this application pursuant to Section 209-1(A)(1) of the Village Code. The application was made by Rye Ridge Park LLC("Applicant"), on behalf of property owners, K&M Realty Group, Ltd. and Win Plaza, LLC, regarding property located on the south side of Bowman Avenue west of South Ridge Street in the C1 zoning district(Parcel ID 141.26-1-1), Cl-P zoning district(Parcel ID 141.27-1-7) and the Bowman Avenue Scenic Road Overlay District. II. PLANNING BOARD RECOMMENDATIONS The Planning Board reviewed this application at its April 14, 2016 and May 12, 2016 meetings. The Village Planning Consultant, F.P. Clark Associates, provided Memoranda to the Planning Board dated April 8,2016 and May 6,2016. The Village's 17 Engineering Consultant,Dolph Rotfeld Engineering,provided memoranda dated April 8, 2016 and May 12, 2016. The Planning Board also received memorandum from the Village Emergency Services Task Force ("ESTE") and the Village Building Inspector, both dated May 9,2016. After discussion and consideration of the comments set forth in the various memoranda,the Planning Board recommends and notes the following: 1. The Applicant should revise the proposed layout of the access driveway from Bowman Avenue into the Win Plaza, LLC parcel to reduce the potential for conflict or driver confusion in this area in which three travel aisles converge. 2. Proper signage should be installed to meaningfully identify the proposed park and direct members of the public to its entrance. 3. Due to the increased visual impacts to the future residents of the Peninsula resulting from the proximity of the parking area(headlights and site lighting), the Planning Board recommends that the Applicant revise the Landscape Plan to include more plantings at the base of the proposed retaining wall with screening capability, as well as adding more native trees and shrubs closer to and at the elevation of the parking area. Also, more native trees and shrubs should be added to the area adjacent to Bowman Avenue in furtherance of the intent of the Scenic Roads Overlay District. 4. A Photometric analysis must be submitted which meets the satisfaction of the Village's staff and consultants. 5. A Tree Preservation Plan must be submitted which meets the satisfaction of the Village's staff and consultants. 6. Instead of seeking a variance from the Zoning Board of Appeals, the Applicant should revise the plans to eliminate the proposed parking spaces which encroach into the 35-foot vegetated buffer required by the Scenic Roads Overlay District resulting from the proposed new parking area on the Win Plaza LLC parcel. In prior applications involving the Rye Ridge Shopping Center,the Applicant has consistently maintained that the existing parking lot(s)contain sufficient parking to meet peak demands. Through this application, the Applicant is proposing a net increase of 51 parking spaces, some of which will be shared parking for the proposed park. Encroachment into the SROD to add more parking is not recommended. 7. An alternative access point into the Village's existing parkland (Parcel ID 141.35-1-47) should be provided through the Win Plaza LLC parcel. It is noted that the Emergency Services Task Force recommends a second point of access to the proposed park should be created near the parking area at the 18 southwestern corner of the Win Plaza parcel. (see,memorandum date May 9, 2016). 8. Due to a portion of the park's location within the 100 year floodplain and due to the Applicant's proposal that the Village will be responsible for maintenance of the park, materials used in the construction of the park, including paving, water features, benches, fencing, should be easily and inexpensively reparable and replaceable. 9. Compliance with Chapter 130 of the Village Code regarding construction in floodplains must be demonstrated to the satisfaction of the Village Engineering Consultant. 10.It is noted that the application requires several variances from the Zoning Board of Appeals, as described in the Building Inspector's May 9, 2016 memorandum. 11.As a condition of any approval, the Applicant must submit to the Village all necessary easements and restrictive covenants providing for shared parking for the proposed park, ingress and egress from Bowman Avenue to the proposed park for public access to the park and access by the Village for park maintenance purposes, plus any other necessary easement or restriction, including temporary construction easements. 12.All outstanding comments from F.P. Clark Associates, Dolph Rotfeld Engineering, and the Village Emergency Services Task Force, should be addressed by the Applicant to the satisfaction of the Board of Trustees. The Planning Board also notes that all work within the 100 foot wetland buffer is subject to the issuance of a Wetland Permit from the Planning Board and all disturbances to existing steep slopes or creation of new steep slopes is subject to a Steep Slopes Permit from the Planning Board. IV. CONCLUSION In conclusion,the Planning Board recommends approval of the applications,upon satisfactory compliance with the recommendations set forth above. Dated: Rye Brook,New York May 12,2016 19