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HomeMy WebLinkAbout2016-06-09 - Planning Board Meeting Minutes APPROVED:9/8/16 VILLAGE OF RYE BROOK PLANNING BOARD VILLAGE HALL,938 KING STREET Thursday,June 9,2016-7:30 p.m. MINUTES 1. Review of minutes—Mav 2016 Minutes AFFORDABLE HOUSING 2. Review of an FAH Rezoning Petition, Subdivision and Lot 1 Site Plan Applications 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. ADJOURNED TO JULY 14,2016 PUBLIC HEARING 3. Review of a Site Plan Application by John Scarlato,Jr.AIA on behalf of Mr.and Mrs.Yellon for multiple additions to the existing structure on the property located at 6 Paddock Rd,Rye Brook,NY,Parcel I.D. 135.34-1-22. 4. Review of an Amended Site Plan Application by Hilton Westchester to construct a tent structure on the property located at 699 Westchester Ave,Rye Brook,NY,Parcel I.D. 135.74-1-8. ADJOURNED TO JULY 14,2016 AT REQUEST OF APPLICANT 5. Review of Steep Slopes and Wetland Permit Applications by Rye Ridge Park, LLC(Jonathan Kallman)to construct parkland and parking on property located on the south side of Bowman Ave, Rye Brook,NY, Parcel I.D. 141.26-1-1 and 141.27-1-7. 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 2-lanes, relocate trash compactors and a salt storage area,and provide an emergency access driveway on property located at 1100 King Street,Rye Brook,NY,Parcel I.D.s 124.81-1-1 and 124.82-1-1. CONTINUED BUSINESS 1 7. Review of a Site Plan and Wetland Permit Application by 3 Edgewood Drive LLC, to tear down and construct a new single-family dwelling on the property located at 3 Edgewood Drive,Rye Brook,NY,Parcel I.D. 135.36-1-31. ADJOURNED TO JULY 14,2016 NEW BUSINESS 8. Review of a Site Plan Application by S.L.Green Realty Corp.for Steep Slopes and Wetlands permits to construct a volley ball court,bocce court,seating areas,walkways and a storage room on the site located at 1100 King(2 International Drive)Rye Brook,NY,Parcel I.D. 124.82-1-1. 9. Discussion regarding possible amendments to the Planning Board's Rules of Procedure LOCAL LAW CONSIDERATIONS 10.Review of a referral from the Board of Trustees regarding proposed legislation amending the Zoning Code regarding Home Occupations 11.Review of a referral from the Board of Trustees regarding proposed legislation amending the Zoning Code regarding fences,landscape walls and retaining walls ACTION ON NON-AGENDA MATTERS PRESENT BOARD John Grzan Sal Morlino Jeffrey Richman Amy Schoen Chairman Rob Goodman EXCUSED Dominick Accurso,Jr. Daniel Tartaglia 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—--\1av 2016 Minutes As the Board had not had time to review the minutes,this item was adjourned to the July 14"`meeting. AFFORDABLE HOUSING 2. Review of an FAH Rezoning Petition, Subdivision and Lot 1 Site Plan Applications 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. ADJOURNED TO JULY 14,2016 PUBLIC HEARING 3. Review of a Site Plan Application by John Scarlato,Jr,AIA on behalf of Mr.and Mrs. Yellon for multiple additions to the existing structure on property located at 6 Paddock Rd,Rye Brook,NY,Parcel I.D.135.34-1-22. On a motion made by Mr.Grzan and seconded by Mr.Richman,Mr.Nowak called the roll and the Public Hearing was opened: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Mr.Scarlato,architect for the applicant,addressed the Board and gave a brief overview of the project,which adds a second floor addition and encloses a breezeway of the existing home.The application required 8 variances which were all approved by the Zoning Board of Appeals. 3 Mrs.Timpone-Mohamed added that they have received the EAF Mapper Summary of the EAF and it revealed no issues of concern.Therefore,all her previous comments had been addressed. There being no further comments from the Board or the public,Chairman Goodman called for a motion to close the Public Hearing and on a motion made by Mrs.Schoen and seconded by Mr.Richman,Mr.Nowak called the roll and the Public Hearing was closed: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT 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 adopted thereby approving the site plan application: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES 4. Review of an Amended Site Plan Application by Hilton Westchester to construct a tent structure on the property located at 699 Westchester Ave,Rye Brook,NY,Parcel I.D. 135.74-1-8. ADJOURNED TO JULY 14,2016 AT REQUEST OF APPLICANT 5. Review of Steep Slopes and Wetland Permit Applications by Rye Ridge Park, LLC (Jonathan Kallman) to construct parkland and parking on the property located at Bowman Ave,Rye Brook,NY,Parcel I.D. 141.26-1-1 and 141.27-1-7. The Board asked for clarification of the review process for the application. 4 Mrs.Gray explained that the application has many parts,an—amended site plan,a subdivision,variances,and wetlands and steep slopes permits.The Board of Trustees is the approval authority for the site plan and subdivision,and the Planning Board is the approval authority for the wetland and steep slopes permits.The SEQRA process was completed by the Trustees as lead agency. Now this Board and the Zoning Board can decide their areas of the application.Legally,there is no prohibition to the planning board moving forward with a decision on the steep slopes and wetland permit applications prior to the Board of Trustees'final action on the site plan and subdivision,Though historically,this Board waits for Board of Trustees approval before moving forward.Mrs. Timpone-Mohamed addressed the Board stating that the plans just received include modifications made at the request of the Planning Board and the Board of Trustees. She had already reviewed the latest amended plans,when the new set of plans was submitted earlier in the week. She reviewed all the plans for compliance with both Boards' recommendations, staff and consultants comments and the Amended Findings Statement. Based on the review,there was only one issue outstanding,which was stabilization of new extremely steep slopes.She commented to JMC,the applicant's consultant,and the last set of plans addressed the concern. Mr.Jim Ryan addressed the Board and explained that the June 3 d plans had 4 revisions that were discussion items from the Board of Trustees,a request for a gate in the area behind the trash container location,reconfiguration of the westernmost shopping center entrance driveway,recognition signage along public roads for the park,and drainage related to comments from Dolph Rotfeld's office. There were no comments from the public.Although there was no draft resolution prepared,Mrs.Gray suggested that if the Board wanted to vote on the applications,the Board could make a motion to approve with any conditions required,and she would draft a resolution for approval by the Chairman that will memorialize the Board's decision and conditions.The Board agreed to the suggestion. On a motion made by Mrs. Schoen and seconded by Mr.Richman,Mr.Nowak called the roll and the Public Hearing was closed: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES On a motion to adopt the SEQRA findings of the Board of Trustees made by Mr. Richman and seconded by Mrs.Schoen,Mr.Nowak called the roll and the motion was approved: 5 MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Mrs.Gray stated the conditions on which the steep slopes permit and wetlands permit would be approved. On a motion made by Mrs. Schoen,and seconded by Mr.Morlino, Mr.Nowak called the roll and the motion to approve steep slopes and wetland permits for the project,subject to the stated conditions,was approved and the Village Attorney was authorized to memorialize the approval in a written resolution consistent with the Board's vote and subject to review and approval by the Chairman: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES 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 2-lanes, relocate trash compactors and a salt storage area,and provide an emergency access driveway on the property located at 1100 King Street,Rye Brook,NY, Parcel LD.s 124.81-1-1 and 124.82-1-1. 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 ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Mr.Jerry Schwalbe,engineer for the applicant,addressed the Board and gave an overview of the application to reduce the width of International Drive and to relocate a 6 refuse container and salt storage area,which is a continuation of the Sun Homes project. The application includes a proposed revision of the 550-foot extension of International Drive to reduce its width from 4 lanes to 2 lanes.The application also includes completion of the emergency access road from King Street into the Sun Homes property and relocation of a dumpster and salt storage area into the parking lot of the Reckson, Phase 2 property.The revised plan adds fencing for screening as requested by Mrs. Timpone—Mohamed,and a small area of landscape screening. Mrs.Timpone-Mohamed added that the Emergency Services Task Force will review the proposed emergency access drive.There is concern that there iss enough room between the pillars for fire apparatus to pass through. The Chairman wanted the approval resolution to be conditioned on the applicant addressing the outstanding issues in the consultant's last memo. 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 ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Mrs.Gray read the resolution and on a motion made by Mr.Morlino and seconded by Mrs.Schoen,Mr.Nowak called the roll and the motion was approved thereby approving the application: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES CONTINUED BUSINESS 7. Review of a Site Plan and Wetland Permit Application by 3 Edgewood Drive LLC,to tear down and construct a new single-family dwelling on property located at 3 Edgewood Drive,Rye Brook,NY,Parcel I.D. 135.36-1-31. ADJOURNED TO JULY 14,2016 7 NEW BUSINESS 8. Review of a Site Plan Application by S.L.Green Realty Corp.for Steep Slopes and Wetlands permits to construct a volley ball court,bocce court,seating areas,walkways and a storage room for the site located at 1100 King(2 International Drive)Rye Brook,NY, Parcel I.D. 124.82-1-1. Barbara Yeager,Landscape Architect addressed the Board and gave an overview of the application which includes installing a beach volley ball court,a bocce court,a large chess board with a seating area,walkways and a storage room on the Reckson Phase I lot. There was discussion regarding storm water,impervious surface coverage and use of pervious pavement.The applicant advised that all run-off from impervious surfaces in the new area will be infiltrated into the ground by the design of the new pervious paving. There was additional discussion regarding the proposed steep slopes and retaining wall. Mr.Nowak added that the retaining wall details should be shown on the site plan. Mr.Null responded that they are requesting that the Planning Board give them wetland and steep slope permit approval with the condition that the site plan meets all code requirements. Mrs.Gray added that the Planning Board must refer a report and recommendations regarding the site plan back to the Board of Trustees.The neat step for the Planning Board is setting a Public Hearing date for the steep slopes and wetlands permits. Typically,the practice of the Planning Board has been to wait for the Board of Trustees to act on the site plan before acting on steep slopes and wetlands permits. Chairman Goodman stated that the Board must review the documents submitted tonight. He asked that a draft report and recommendations be ready for the July 14 meeting. Mrs.Marilyn Timpone-Mohamed read the resolution setting the Public Hearing.On a motion by Mr.Morlino and seconded by Mrs. Schoen,Mr.Nowak called the roll and the resolution was approved: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES LOCAL LAW CONSIDERATIONS 8 9. Review of a referral from the Board of Trustees regarding proposed legislation amending the Zoning Code regarding Home Occupations 10.Review of a referral from the Board of Trustees regarding proposed legislation amending the Zoning Code regarding fences,landscape walls and retaining walls Fences and Walls Mrs.Gray had a discussion with the Building Inspector and the root of this issue is the maintenance of fences and retaining walls for commercial properties.Currently the Village Code has design requirements for fences,walls and retaining walls that applyto residential property only.The Building Inspector would like to be able to quickly require maintenance and repair of damaged or failing fences,retaining walls and free-standing walls on commercial property that are public safety hazards. Mrs.Timpone-Mohamed added that typically commercial properties are not restricted to design standards for the walls and fences that they might need.However,the Building Inspector's issue is getting the owners of commercial properties to maintain and repair the walls and fences that are in disrepair,not regulate the design of the fences and walls. Therefore,it was her opinion that an amendment to the Village's property maintenance code regarding fences and walls is necessary,not an amendment of the design standards for fences and walls. Mrs.Schoen believed the draft legislation should go back to the Board of Trustees for reframing. Mrs.Mohamed agreed,and she noted that the Building Inspector agreed the issue is not regulation of the planning and design of commercial walls and fences. Chairman Goodman agree sit is an enforcement issue,and saw the role of the Planning Board to be a recommendation to redefine the issue,and redraft the local law,which could be sent back to the Planning Board if necessary. Mrs.Gray explained that if the recommendation from the Board is that the Board of Trustees amend the property maintenance requirements regarding walls and fences on commercial property,that code amendment would not be referred to the Planning Board because it would not involve an amendment to the Zoning Code. Only Zoning Code amendments are required to be referred to the Planning Board. Amendments of other Chapters of the Village Code are referred only at the discretion of the Board of Trustees. Mrs.Gray stated that the consensus of the Board is to send the draft local law back to the Board of Trustees with the recommendation that the property maintenance section of the Village Code should be revised to include walls and fences on commercial property.In addition,if the Board of Trustees wants to move forward with the specific local law sent to the Planning Board,the Trustees should create appropriate restrictions to apply to 9 commercial property that are separate from the existing restrictions that apply to residential properties. Chairman Goodman added that as a matter of practice,when a Board is dealing with a local law initiated by the Building Department,a member of the Building Department should attend the meeting to clarify issues and answer questions.It is difficult to review code amendments without an understanding of the issues that prompted the requested changes. Mrs.Gray gave a synopsis of the Report and Recommendations she will write that will be sent to the Chairman for approval. On a motion made by Mrs. Schoen to adopt a Report and Recommendation consistent with the consensus of the Planning Board as described by Mrs.Gray and authorize the Village Attorney to prepare the Report and Recommendation for approval by the Chair, and seconded by Mr.Morlino,Mr.Nowak called the roll and the motion was approved: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Mrs.Gray read the resolution authorizing submission of the Report and Recommendations to the Board of Trustees. On a motion made by Mr.Morlino and seconded by Mrs.Schoen,Mr.Nowak called the roll and the motion was approved: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Home Occupations Mrs.Gray explained that currently the home occupation regulations do not clearly define "resident."The intent of the local law before the Board is to eliminate theuse of a residence for a home occupation,when the homeowner does not live in the home for most of the year.The Board should determine if the draft local law adequately defines "resident." 10 Discussion Mr.Grzan believes the majority of the impact on a home occupation is to the neighbors of the property.He believes the current regulations are already written well.One must live in the home,if you want to pursue a home occupation. Trustee David Heiser addressed the Board stating his assumption that the purpose of allowing home occupations is to allow people who live in a home to pursue work in the home and not to live somewhere else. Mrs.Gray would draft the Report and Recommendations for review by the Chairman based on the discussion,which summarizes the consensus of the Board that the owner of the home of record for pursuit of a home occupation must live in the house full time. On a motion made by Mrs. Schoen to approve a Report and Recommendation consistent with what Mrs.Gray summarized as the consensus of the Board and authorize the Village Attorney to prepare the Report and Recommendation for approval by the Chair,and seconded by Mr.Morlino,Mr.Nowak called the roll and the motion was approved: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES On a motion made by Mrs. Schoen and seconded by Mr.Morlino,Mr.Nowak called the roll and the motion to forward the Report and Recommendations to the Board of Trustees was approved: MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES Chairman Goodman asked the Board to review the draft amendments to the policies and procedures of the Planning Board and make any recommendations for changes to the draft to him by email with a copy to Mrs.Gray. There being no further business,on a motion made by Mrs.Schoen and seconded by Mr. Morlino,Mr.Nowak called the roll and the meeting was adjourned at 9:44 pm: 11 MR.ACCURSO ABSENT MR.GRZAN YES MR.MORLINO YES MR.RICHMAN YES MRS.SCHOEN YES MR.TARTAGLIA ABSENT CHAIRMAN GOODMAN YES 12 JUNE 9,2016 RESOLUTIONS: RESOLUTION CONSIDERING A SITE PLAN APPLICATION FOR CONSTRUCTION OF ADDITIONS ON AN EXISTING RESIDENCE AT 6 PADDOCK ROAD VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Jonathan and Marcie Yellon, property owners, submitted an Application for Site Plan approval to construct additions, including a two story addition, 2'd story addition and accessory improvements, at 6 Paddock Road in the R-15 zoning district, said premises being further identified as Section 135.34, Block 1, Lot 22 on the Town of Rye Tax Assessor's Map;and WHEREAS, the Planning Board reviewed the following plans and application materials in connection with the Application: 1. Short Environmental Assessment Form dated May 23,2016 2. Exterior Building Permit Application 3. Application for Site Plan Approval and Checklist 4. Letter to the Building Department from John G. Scarlato,Jr.,Architect,Armonk, N.Y.,dated March 16,2016 5. Notice of Disapproval from the Village of Rye Brook dated March 1,2016 6. Topographic Survey,prepared by Richard Spinelli,Land Surveyor, Mamaroneck, N.Y.dated October 15,2015 7. Engineer's Plans,prepared by Christopher S.Utschig,P.E.,White Plains,N.Y.: Sheet Sheet Title Dated 1 Site Plan 11/30/15 2 Construction Details 11/30/15 Architect's Plans,prepared by John G.Scarlato,Jr.,Architect,Armonk,N.Y.: Sheet Number Sheet Title Dated A-1 Front Elevation and Plot Plan rev.2/25/16 A-2 EI evati ons 2/28/16 A-3 VIII/Building Sections 2/28/16 A-4 Foundation/Frarrrng Plan 2/28/16 A-5 First Floor Construction Plan rev.2/25/16 A-6 Second Floor Construction Plan 2/28/16 A-7 Roof Construction Plans 2/28/16 A-8 and A-9 Electrical Plans 2/28/16 A-10 First Floor Demolition Plan 2/28/16 A-1 land A-12 Second Floor Structural/F rarni ng Plans 2/28/16 13 FAR FAR Diagrams 2/28/16 A-1 Tree Preservation Plan 5/15/16;and WHEREAS,the Planning Board reviewed memoranda from the Village Planning Consultant,F.P.Clark Associates,dated April 13,2016 and June 7,2016,concerning the application;and WHEREAS,Village Code §250-20.G(2)(a)requires a minimum single side yard setback of 15 feet and the Applicant proposes a single side yard setback of 8.1 feet for an existing garage, requiring a single side yard setback variance of 6.9 feet to legalize the existing garage;and WHEREAS,Village Code§250-20.G(2)(b)requires a minimum total of two side yards setback of 40 feet and the Applicant proposes a total of two side yards setback of 17.3 feet due to the existing garage,requiring a total of two side yards setback variance of 22.7 feet to legalize the existing garage;and WHEREAS, Village Code §250-20.G(2)(a)requires a minimum single side yard setback of 15 feet and the Applicant proposes a single side yard setback of 9.1 feet for the existing wood deck, requiring a single side yard setback variance of 5.9 feet to legalize the existing wood deck;and WHEREAS,Village Code§250-20.G(2)(b)requires a minimum total of two side yards setback of 40 feet and the Applicant proposes a total of two side yards setback of 18.3 feet for the existing wood deck,requiring a total of two side yards setback variance of 21.7 feet to legalize the existing wood deck;and WHEREAS,Village Code§250-20.G(2)(b)requires a minimum total of two side yards setback of 40 feet and the Applicant proposes a total of two side yards setback of 38.5 feet for the 2"d story addition,requiring a total of two side yards setback variance of 1.5 feet;and WHEREAS,Village Code§250-20.I(1)requires a maximum front height setback ratio of 0.60 and the Applicant proposes a front height setback ratio of 0.43, requiring a front height setback ratio variance of.023;and WHEREAS, Village Code §250-20.I(2)requires a maximum side height setback ratio of 1.60 and the Applicant proposes a side height setback ratio of 1.64, requiring a side height setback ratio variance of.44;and WHEREAS, Village Code §250-20.E requires a maximum gross floor area of 3,228 square feet and the Applicant proposes a gross floor area of 3,589 square feet where 1,920.25 square feet of gross floor area currently exists, requiring a gross floor area variance of 361 square feet;and 14 WHEREAS,on April 14,2016 the Planning Board referred the application to the Zoning Board of Appeals for consideration of the above-referenced variances, including any additional variances determined by the Building Inspector to be necessary;and WHEREAS, on June 7, 2016 the Zoning Board of Appeals granted the above referenced variances;and WHEREAS,a duly advertised public hearing was held by the Planning Board on June 9,2016,at which time all those wishing to be heard on the Application were given such opportunity,and the public hearing was closed on June 9,2015;and WHEREAS,the Proposed Action is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and accordingly, no further environmental review is required;and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board have reviewed the information and submitted comments regarding the Application. 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 submission of a landscape plan as there are mature trees and shrubs on the lot which will remain in place and the proposed site modifications will not significantly disturb any landscaped areas on the lot. BE IT FURTHER RESOLVED,that the Village of Rye Brook Planning Board hereby approves the Application for Site Plan approval to additions,including a two story addition,2"d story addition and accessory improvements,at 6 Paddock Road. 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 Amy Schoen, seconded by Sal Morlino, Mr. Michal Nowak, Superintendent of Public Works/Village Engineer,called the roll: Dominick Accurso,Jr. Voting Excused John Grzan Voting YES Sal Morlino Voting YES Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting Excused Robert Goodman,Chairman Voting YES 15 RESOLUTION CONSIDERING AN APPLICATION FOR APPROVAL OF A STEEP SLOPES PERMIT AND WETLANDS PERMIT SUBMITTED BY RYE RIDGE PARK LLC FOR PROPERTY LOCATED ON BOWMAN AVENUE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Planning Board is in receipt of an application by Rye Ridge Park LLC("Applicant")on behalf of property owners K&M Realty Group,Ltd.and Win Plaza-De LLC, for approval of a Steep Slopes Permit and Wetland Permit for property located on Bowman Avenue,designated as Parcel ID 141.26-1-1 on the Town of Rye Tax Map and located in the C1 Zoning District and the Scenic Roads Overlay District;and WHEREAS, the Planning Board is the Approval Authority for this application pursuant to Chapters 213 and 245 of the Village Code;and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Application for Subdivision of Land dated 3/18/16 2. Application for Site Plan Approval dated 4/1/16 3. Site Plan Submittal Review Check List dated 4/1/16 4. Full Environmental Assessment Form(Part 1)and EAF Mapper Summary Report dated 3/16/16 5. Rye Ridge Park Stormwater Pollution Prevention Plan prepared by John Meyer Consulting,Armonk,N.Y.,dated 3/16/16 revised 6/3/16 6. Letter to the Planning Board from John Meyer Consulting,Armonk,N.Y.,dated June 3,2016 7. Letter to the Planning Board from John Meyer Consulting,Armonk,N.Y.,dated May 6,2016 8. Letter to the Planning Board from John Meyer Consulting,Armonk,N.Y.,dated April 1,2016 9. Letter to the Board of Trustees from John Meyer Consulting,Armonk,N.Y., dated March 17,2016 10.ALTA/ACSM Land Title Survey of Rye Ridge Shopping Center,Sheet ALTA-1, prepared by John Meyer Consulting,Armonk,N.Y.,dated 7/12/13,revised 7/25/13 11.Survey of Property,Sheet SU-1,prepared by John Meyer Consulting,Armonk, N.Y.,dated 11/19/1993,revised 10/21/2008 12.Sheet PIP-1,"Preliminary Subdivision Plan,"prepared by John Meyer Consulting,Armonk,N.Y.,dated 3/1/16, revised 6/3/16 13.Engineer's Site Plans prepared by John Meyer Consulting,Armonk,N.Y.: Sheet Number Sheet Title Dated 16 SP-1 Cover Sheet 3/15/16 rev. 6/3/16 SP-2 Existing Conditi ons PI an 3/15/16 rev. 6/3/16 SP-3 Ste Demolition Plan 3/15/16 rev. 6/3/16 SP-4 Ste Layout Plan 3/15/16 rev. 6/3/16 SP-5 9teGrading Plan 3/15/16 rev. 6/3/16 SP-6 9 to Uti I i ti es PI an 3/15/16 rev. 6/3/16 SP-7 Ste Eros on and Sediment Control Plan 3/15/16 rev.6/3/16 SP-8 Ste Landscaping Plan 3/15/16 rev.6/3/16 SP-9 9 to Lighting I ntensti es Plan 5/5/16 rev. 6/3/16 SP-10 Construction Details 3/15/16 rev. 6/3/16 SP-11 Construction Details 3/15/16 rev. 6/3/16 SP-12 Construction Details 3/15/16 rev. 6/3/16 SP-13 Construction Details 3/15/16 rev. 6/3/16 SP-14 Construction Details 3/15/16 rev. 6/3/16 SP-15 Construction Details 3/15/16 rev. 6/3/16 ZC-1 Zoning Compliance Plan K&M Parcel 3/15/16 rev.6/3/16 ZC-2 Zoning Compliance Plan W1 N Plaza Parcel 4/28/16rev. 6/3/16;and WHEREAS, site plan and subdivision approval for the Bowman Avenue Development project by K&M Realty Group, Ltd. involving residential development on the so-called "Peninsula" (Parcel ID 141.26-1-1.1) and a passive park on the so-called "Strip"(Parcel ID 141.26-1-1),was previously granted by the Board of Trustees on July 24,2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act("SEQRA")on December 16,2006;and WHEREAS,a wetland permit and steep slopes permit was previously granted by the Planning Board on July 26, 2007 for proposed residential construction on the "Peninsula' and a proposed passive park on the "Strip," which approval has since expired;and 17 WHEREAS, an Amended Site Plan was thereafter approved by the Board of Trustees on January 22,2013 following the adoption of a Negative Declaration pursuant to SEQRA;and WHEREAS, a wetland permit and steep slopes permit was again granted by the Planning Board on February 14, 2013 for proposed residential construction on the "Peninsula' and a proposed passive park on the "Strip," which approval has since expired;and WHEREAS,a Second Amended Site Plan was thereafter approved by the Board of Trustees on January 28, 2014 following the adoption of a Negative Declaration pursuant to SEQRA;and WHEREAS, the Applicant now proposes to modify the municipal park parcel design and modify the existing shopping center parcel to add parking for use by Rye Ridge Plaza on a small portion of the"Strip"that is proposed to be subdivided from the "Strip"to create two substandard lots;and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act(SEQRA)determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review;and WHEREAS,on May 24,2016 the Board of Trustees determined a supplemental environmental impact statement is not required and adopted an Amended Findings Statement pursuant to SEQRA certifying that all significant adverse environmental impacts have been mitigated or eliminated to the maximum extent practicable;and WHEREAS, the Planning Board has received and reviewed the Amended Findings Statement adopted by the Board of Trustees,particularly the findings relating to the areas of environmental concern within the Planning Board's jurisdiction;and WHEREAS,the Planning Board has reviewed memoranda from Village Planning Consultant Frederick P.Clark Associates,Inc.dated April 8,2016 and May 6,2016,,and memoranda from Village Engineering Consultant Dolph Rotfeld Engineering, P.C.dated April 8,2016 and May 12,2016;and WHEREAS, a duly advertised public hearing on the Steep Slopes Permit and Wetland Permit application was opened on May 12,2016 and continued to June 9,2016, at which time all those wishing to be heard on the Application were given such opportunity,and the public hearing was closed on June 9,2016;and WHEREAS, the Planning Board has considered the Steep Slopes Work Permit standards set forth at Village Code§213-6;and 18 WHEREAS,the Planning Board has considered the wetland permit standards set forth at Village Code§245-8(A);and WHEREAS, the Planning Board is fully familiar with the application and the Property. NOW, THEREFORE, BE IT RESOLVED, as Involved Agency pursuant to SEQRA, the Planning Board has reviewed and considered all areas of environmental concern within its jurisdiction, particularly impacts related to wetlands and steep slopes, and has reviewed the Amended Findings Statement adopted by the Board of Trustees as Lead Agency on May 24,2016,and hereby adopts such Amended Findings Statement as its own to the extent such findings relate to the Steep Slopes Permit and Wetlands Permit and certifies the following: 1. Consistent with social, economic and other essential considerations, from among the reasonable alternatives to the action to be carried out,funded or approved,the proposed action, minimizes or avoids adverse environmental impacts to the maximum extent practicable, consistent with other applicable requirements of law. 2. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental impacts identified and analyzed in the Draft and Final Environmental Impact Statements will be minimized or avoided by incorporating, as conditions to the decision, those mitigation measures that were identified as practicable and outlined specifically in the Amended Findings Statement. BE IT FURTHER RESOLVED,that the Village of Rye Brook Planning Board hereby grants the requested Steep Slopes Permit and Wetland Permit for property located on Bowman Avenue,designated as Parcel ID 141.26-1-1 on the Town of Rye Tax Map, subject to the following conditions: 1. A copy of this resolution shall be attached to the building permit application and any and all certificates of occupancy. 2. The approved plans may include minor revisions that may be necessary to address comments of the Village Consulting Engineer. 3. Geotextile fabric shall be installed on the proposed 3:1 slope. 4. Approval of the Applicant's Site Plan and Subdivision applications currently pending before the Board of Trustees. 5. All plantings required in the plan titled Ste Landscapi ng PI an prepared by John Meyer Consulting,Inc.,dated 3/15/16 rev.6/3/16, shall be maintained by the 19 property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. 6. 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. 7. 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. E. 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. On motion by Ms.Schoen, seconded by Mr.Morlino,Mr.Michel Nowak,Superintendent of Public Works,called the roll: 20 Dominick Accurso,Jr. Voting Excused John Grzan Voting YES Sal Morlino Voting YES Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting Excused Robert Goodman,Chairman Voting YES 21 RESOLUTION CONSIDERING AN AMENDED SITE PLAN AND STEEP SLOPES PERMIT AT PROPERTY LOCATED AT 1100 KING STREET(Reckson Executive Park) VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, Reckson Operating Partnership L.P., property owner, submitted applications for approval of an Amended Site Plan and Steep Slopes Permit to alter the approved configuration of International Drive on Reckson Executive Park Phases 1 and 2,as well as other minor site improvements,on property located at 1100 King Street,Rye Brook,New York, in the OB-1 and Scenic Roads Overlay Zoning District,which also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 124.81, Block 1, Lot 1 and Section 124.82, Block 1, Lot 1 (the "Property"), to provide access to the Sun Homes development;and WHEREAS, the Planning Board is the Approval Authority for this application pursuant to Village Code§209-1.A(2)(c),Chapter 213 and Chapter 245;and WHEREAS, the Planning Board reviewed the following plans and application materials in connection with the Application: 1. Application for Site Plan Approval and Checklist 2. Short EAF,dated 3/22/16 3. ALTA/ACSM Land Title Survey prepared by Joseph R.Link,Land Surveyor, dated January 26,2015 4. Letter to the Board of Trustees from Cuddy and Feder,LLP,White Plains,N.Y. dated March 22,2016 5. Plan Set entitled"Site Plan/Steep Slope Application Proposed Site Improvements Phase 1 and Phase 2"prepared by Divney,Tung, Schwalbe,LLP,White Plains,N.Y.: Sheet Number Sheet Title Date No Number Cover':beet 3/9/16 SP-1.0 Overall Ste Plan 3/9/16 SP-2.0 Ste I mproverrent Part Plans 3/9/16 SP-3.0 SIopeAnal yss 3/9/16 SP-4.0 Ste Details 3/9/16;and WHEREAS,the Planning Board reviewed a memorandum from the Village Planning Consultant,F.P.Clark Associates,dated May 11,2016,concerning the application;and 22 WHEREAS,a duly advertised public hearing was held by the Planning Board on June 9,2016,at which time all those wishing to be heard on the Application were given such opportunity,and the public hearing was closed on June 9,2016;and WHEREAS,the modifications to the approved layout of International Drive and the location of the trash compactor and salt storage area, as well as an emergency access road,were considered as part of the coordinated 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; and WHEREAS, the Planning Board has considered the Steep Slopes Work Permit standards set forth at Village Code§213-6;and WHEREAS, the Village Planning Consultant, Village staff and the Planning Board have reviewed the information and submitted comments regarding the Application; 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 the Applications for Amended Site Plan and Steep Slopes Permit,at 1100 King Street,subject to the following conditions: 1. The Site Plan shall be revised as follows: a. The four existing parking spaces on the Phase 2 lot located within the proposed emergency access road shall be removed from the Amended Site Plan and striped to indicate "no parking" area to ensure an unobstructed emergency access road. b. A gate shall be installed on the emergency access road as it exits the Phase 2 parking area to preclude unauthorized use of the road. The design and material of the gate shall be to the satisfaction of the Village Emergency Services Task Force,including the Village Building and Fire Inspector. c. The proposed compactor and salt storage area shall be screened with a 6- foot high fence enclosure. d. All proposed light fixtures shall be shielded to eliminate lateral glare and sky-lighting. 23 e. The proposed emergency access road shall comply with all applicable State and local requirements for a fire apparatus access road/fire lane, including but not limited to signage and striping,as deemed by the Village Building and Fire Inspector to be required. 2. In the event the Village Building Inspector determines that the Amended Site Plan requires an off-street parking variance, or any other variance,this approval shall be subject to the Zoning Board of Appeals'issuance of all necessary variances. 3. The stone pillars at King Street shall be maintained to the maximum extent practicable which may include the reconstruction of the pillars if required to be relocated to accommodate the necessary width for fire access. 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 Mr.Morlino,seconded by Ms. Schoen,Mr.Michal Nowak,Superintendent of Public Works/Village Engineer,called the roll: Dominick Accurso Voting Excused John Grzan Voting YES Sal Morlino Voting YES Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting Excused Robert Goodman,Chairman Voting YES 24 RESOLUTION SETTING A PUBLIC HEARING FOR STEEP SLOPES AND WETLANDS PERMITS FOR 1100 KING STREET,RECKSON EXECUTIVE PARK PHASE SITE PLAN AMENDMENT SUBMITTED BY RECKSON OPERATING PARTNERSHIP,LP VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS,the Reckson Operating Partnership,LP,property owner,submitted applications for approval of a Permit to Perform Regulated Activities in a Wetlands and a Steep Slopes Work Permit to construct two sports courts,a pavilion,a storage room,a seating area,and walkways at 1100 King Street, Reckson Executive Park Phase 1,Section 124.8 1,Block 1,Lot 1 on the Town of Rye Tax Assessor's Map,located in the OB-1 District and the King Street Scenic Road Overlay District(SROD). NOW,THEREFORE,BE IT RESOLVED,that the Planning Board of the Village of Rye Brook shall hold a public hearing on July 14,2016 at 7:30 p.m.at Village Hall,938 King Street,Rye Brook,New York to consider the 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. On motion by Amy Schoen, seconded by Sal Morlino, Mr. Michal Nowak, Superintendent of Public Works/Village Engineer,called the roll: Dominick Accurso,Jr. Voting Excused John Grzan Voting YES Sal Morlino Voting YES Jeffrey Richman Voting YES Amy Schoen Voting YES Daniel Tartaglia Voting Excused Robert Goodman,Chairman Voting YES 25 RESOLUTION AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW REGARDING FENCES,LANDSCAPED WALLS AND RETAINING WALLS BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the attached Report and Recommendation to the Rye Brook Board of Trustees on the proposed local law regarding fences,landscaped walls and retaining walls. BE IT FURTHER RESOLVED, that the Rye Brook Planning Board hereby authorizes the Chairman,in consultation with the Village Attorney,to finalize the written Report and Recommendation to be consistent with the discussions of the Planning Board regarding the local law. On motion by Mr.Morlino,seconded by Ms. Schoen,Mr.Michael Nowak, Superintendent of Public Works/Village Engineer,called the roll: APPROVING THE REFERRAL RESOLUTION: Ayes: Goodman,Grzan,Morlino,Richman, Schoen Nays: Abstain: Excused: Accurso,Tartaglia 26 REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW REGARDING FENCES,LANDSCAPED WALLS AND RETAINING WALLS I. APPLICATION OVERVIEW The Rye Brook Board of Trustees is considering a local law which would amend Chapter 250 of the Village Zoning Code regarding fences, landscaped walls and retaining walls. Currently, the Village Zoning Code provisions concerning fences, landscape walls and retaining walls apply only in residential areas. The proposed local law would amend the Zoning Code to make these existing provisions applicable in both residential and non-residential areas. One exception is that fences or walls designed to inflict injury (such as, barbed wire) and electric fences (not including invisible pet fences) will continue to be prohibited in residential areas and permitted in non-residential areas. On March 22, 2016, the Board of Trustees referred the local law to the Planning Board for consideration and a report and recommendation thereon pursuant to Section 250-14.13.of the Village Code. II. DISCUSSION The Planning Board discussed the local law at its April 14,2016 and June 9,2016 meetings, during which Village consultants and staff also provided input. The Planning Board provided the following comments on the proposed local law: 7 After consultation with Village staff the Planning Board learned that the genesis of this local law, from the perspective of the Building Department, is a concern for maintenance and repair of fences, landscape walls and retaining walls on non-residential properties. While the NYS Property Maintenance Code speaks to maintenance, the Village has no local code provision to effectively rely upon for enforcement of maintenance issues on non-residential properties concerning fences,landscape walls and retaining walls. 7 If the intent of the local law is to address the stated concern by the Building Department,the Planning Board does not believe the local law accomplishes the intended goal. 27 7 Instead,the Planning Board recommends revising Chapter 186 of the Village Code regarding Property Maintenance to include a requirement that all fences,landscape walls and retaining walls shall be maintained in a structurally sound manner and in good repair at all times. 7 However, if the Board of Trustees nonetheless decides to proceed with the proposed local law to amend Chapter 250, the Planning Board recommends creating separate standards for residential vs. non-residential properties concerning fences, landscape walls and retaining walls, instead of using one standard for both types of properties. The requirements applicable to residential properties are not equally transferable to non-residential properties. 111. CONCLUSION AND RECOMMENDATION Based on the foregoing,the Planning Board does not recommend approval of the proposed local law, but instead recommends either amending Chapter 186 of the Village Code, as set forth herein, or creating a separate set of requirements for residential and non-residential properties, instead of applying the same requirements to both types of properties. Dated: Rye Brook,New York June 9,2016 On motion by Ms.Shoen,seconded by Mr.Morlino,Mr.Michal Nowak,Superintendent of Public Works/Village Engineer,called the roll: APPROVED AT THE JUNE 9,2016 MEETING OF THE RYE BROOK PLANNING BOARD BY A VOTE OF 5-0 ACCEPTING THE REPORT AND RECOMMENDATION: Ayes: Goodman,Grzan,Morlino,Richman, Schoen Nays: Abstain: Excused: Accurso,Tartaglia 28 RESOLUTION AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW REGARDING HOME OCCUPATIONS BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the attached Report and Recommendation to the Rye Brook Board of Trustees on the proposed local law regarding home occupations. BE IT FURTHER RESOLVED, that the Rye Brook Planning Board hereby authorizes the Chairman,in consultation with the Village Attorney,to finalize the written Report and Recommendation to be consistent with the discussions of the Planning Board regarding the local law. On motion by Ms.Schoen, seconded by Mr.Morlino,Mr.Michael Nowak, Superintendent of Public Works/Village Engineer,called the roll: APPROVING THE REFERRAL RESOLUTION: Ayes: Goodman,Grzan,Morlino,Schoen,Richman Nays: Abstain: Excused: Accurso,Tartaglia 29 REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW REGARDING HOME OCCUPATIONS IV. APPLICATION OVERVIEW The Rye Brook Board of Trustees is considering a local law which would amend Chapter 250 of the Village Zoning regarding home occupations. The proposed local law would amend the definition of "Residenf' from "[a]n individual who lives at the premises..." to "[a]n individual who maintains a primary place of abode at the premises..." The amendment aims to clarify that the dwelling from which the resident is operating a home occupation must be the individual's primary residence. On March 22, 2016, the Board of Trustees referred the local law to the Planning Board for consideration and a report and recommendation thereon pursuant to Section 250-14.B.of the Village Code. V. DISCUSSION The Planning Board discussed the local law at its April 14,2016 and June 9,2016 meetings, during which Village consultants and staff also provided input. The Planning Board provided the following comments on the proposed local law: Z The purpose of a home occupation law is to allow someone to live in the house and also maintain a business in the home. Home occupation laws are not intended to allow someone to establish a business at the house and then reside elsewhere. Z Obtaining a home occupation permit from the Village is a privilege and a benefit that comes with responsibilities. One of those responsibilities is to actually live at the premises from which the home occupation is being conducted. Z The proposed language does not bring clarity to the definition of "Resident." Defining a"resident"as one who maintains a"primary" residence at the premises is not stringent enough because it could allow a home occupation by a record owner who does not reside at the premises for up to 6 months of the year. 30 7 The Code should clearly require the record owner to live at the premises on a full time basis. The record owner is responsible for the home occupation and should be present on a full time basis to oversee the home occupation. Accordingly,the Planning Board recommends that the local law be revised as follows: §250-38 Home occupation regulations. (B)Definitions and Interpretations. RESIDENT(S) An individual who lives atis a full time resident of the premises and works at and owns a majority interest of the home occupation business operated at the premises and is a record owner of the premises. The term "record owner" includes the owner of record or a member of his or her immediate family, which shall be limited to a spouse,child,grandchild,parent,grandparent,brother or sister. Vi. CONCLUSION AND RECOMMENDATION Based on the foregoing,the Planning Board approval of the proposed local law as revised herein. Dated: Rye Brook,New York June 9,2016 On motion by Ms.Schoen, seconded by Mr.Morlino,Mr.Michael Nowak, Superintendent of Public Works/Village Engineer,called the roll: APPROVED AT THE JUNE 9,2016 MEETING OF THE RYE BROOK PLANNING BOARD BY A VOTE OF 5-0 ACCEPTING THE REPORT AND RECOMMENDATION: Ayes: Goodman,Grzan,Morlino,Schoen,Richman Nays: Abstain: Excused: Accurso,Tartaglia 31