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HomeMy WebLinkAboutPB Resolution 2007-7-26 July 26, 2007 Planning Board Minutes Approved Chairman Zuckerman Yes Motion carries July 26, 2007 APPROVED RESOLUTION APPROVING APPLICATIONS FOR WETLANDS AND STEEP SLOPES PERMITS SUBMITTED BY K&M REALTY GROUP, LTD. FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 141, BLOCK 26, LOTS 1-1 and 1-1.1 VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Village of Rye Brook Planning Board received applications from K&M Realty Group, Ltd. (the "Applicant") for Wetlands and Steep Slopes Permits to construct ten attached (10) residential units on a parcel of real property and an offering by the Applicant to develop and dedicate a portion of the parcel to the Village of Rye Brook for use as a public park; and WHEREAS, the +/-4.039-acre property, consisting of upland areas known as the "Peninsula" and the "Strip" and approximately 1.67 acres of open water is located on the south side of Bowman Avenue, approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District and the Scenic Roads Overlay District, in the Village of Rye Brook,New York, shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors reaps (the "Site" or"Property"); and WHEREAS, on or about June 25, 1996, the Village Board of Trustees determined the action to be Unlisted pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and resolved to be Lead Agency for review of the Proposed Action; and WHEREAS, the Rye Brook Planning Board, as approval authority for the wetlands and steep slopes permits required by the Village Code is an involved Agency to the environmental review of the proposed action pursuant to SEQRA; and WHEREAS, the Village Board of Trustees acting as Lead Agency for review under SEQRA determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a July 26, 2007 Planning Board Minutes 14 of 22 July 26, 2007 Planning Board Minutes Approved Positive Declaration on or about June 25, 1996 and requiring the submission of a Draft Environmental Impact Statement (DEIS); and WHEREAS, the Lead Agency, adopted Findings regarding the environmental review and the Revised Mitigation Plan on December 12, 2006, which was filed with all Involved Agencies, including the Rye Brook Planning Board as required by law; and WHEREAS, on October 26, 2006, the Rye Brook Planning Board opened a public hearing regarding the wetlands and steep slopes permit applications at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on June 28, 2007; and WHEREAS, the Applicant submitted preliminary plans for the Rye Brook Planning Board's review with the understanding that these preliminary plans may require modification as field conditions dictate and such modifications will occur to the satisfaction of the Village Engineer and/or consultants; and WHEREAS, the Rye Brook Planning Board reviewed comments from the public and interested agencies, information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant and Village staff regarding disturbance of wetlands, wetland buffers and steep slopes, proposed mitigation for impacts to steep slopes, wetlands and wetland buffers, the site plan, storm water management, erosion and sediment control, zoning, and construction management, and the Applicant revised the plans according to the recommendations; and WHEREAS, the Planning Board understands that the Village Board of Trustees originally found in its December 12, 2006 Findings Statement that the Applicant must install three (3) additional parking spaces on the Peninsula, but after further consideration by the Board of Trustees, it was determined that additional open space was preferred and the Board of Trustees is now requiring the Applicant to land bank an additional two (2) spaces to be built at a later date should it be found necessary by the Village; and WHEREAS, the Rye Brook Planning Board is familiar with the site and all aspects of the project; and WHEREAS, the Rye Brook Planning Board adopted Findings regarding the environmental review and the Revised Mitigation Plan on July 26, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board, for the reasons stated herein, hereby approves a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit to construct ten attached (10) residential units on the Peninsula and develop the Strip for use as a public park on the property shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps, as depicted on the following drawing set titled "Site Plan Approval July 26, 2007 Planning Board Minutes 15 of 22 July 26, 2007 Planning Board Minutes Approved Drawings, Bowman Avenue Development" prepared by John Meyer Consulting, PC, Armonk, New York: 1, Engineer's Plans, prepared by John Meyer Consulting P.C., Armonk, NY: Sheet No, Sheet Title Dated M-1 Site Development Area 4/07/06 Rev. 5/30/07 M-2 Existing Conditions& Wetland Delineations 4/07/06 Rev. 1/11/07 M-2A Overall Site Plan 1I10/07 Rev, 5/30/07 M-3 Layout Plan 4/07/06 Rev, 6/07/07 M-3A Layout Plan (Strip) 5/30/07 Rev. 6/07/07 M-4 Grading Plan 4/07/06 Rev. 6/07/07 M-4A Grading Plan (Strip) 5/30/07 Rev, 6/07/07 M-5 Utilities Plan 4/27/06 Rev. 6/07/07 M-6 Sediment& Erosion Control& Water Quality Mitigation Plan 4/07/06 Rev. 6/07/07 M-6A Sediment& Erasion Control& Water Quality Mitigation Plan 5/30/07 Rev, 6/07/07 M-7 Landscaping Plan 4/07/06 Rev. 5/18/07 M-7A Landscaping Plan (Strip) 5/30/07 Rev. 6/07/07 M-7B Lighting Plan 4/07/07 Rev. 5/18/07 M-8 Site Details 4/07/06 Rev. 2/08/07 M-9 Site Details 4/07/06 Rev, 2/08/07 M-10 Site Details 4/07/06 Rev. 3/08/07 M-11 Site Details 4/07/06 Rev. 2/08/07 M-12 Site Details 1.2/06/06 Rev, 4/18/07 M-13 Utility Profiles 2/08/07 M-14 Health and Safety Misc. Figures 3/07/07 2. Architect's Plans, prepared by John Meyer Consulting P.C., Armonk, NY: Sheet No. Sheet Title Dated A-1 Schematic Plan 12/06/06 Rev, 3/08/07 A-2 Schematic Plan 12/06/06 Rev. 3/08/07 BE IT FURTHER RESOLVED, that the Permit to Perform Regulated Activities in a Wetland and Steep Slopes Work Permit approvals shall be subject to the following requirements and conditions: 1. A copy of this resolution shall be attached to the building permit application and any and all certificates of occupancy. 2. Conditions of approval for issuance of a steep slopes work permit and wetlands permit for development on the Peninsula: July 26, 2007 Planning Board Minutes 16 of22 July 26, 2007 Planning Board Minutes Approved a. Provision of a final storm water management plan to the satisfaction of the Village Engineer and/or consultants. b. Provision of a final erosion and sediment control plan to the satisfaction of the Village Engineer and/or consultants. c. Provision of a final, detailed monitoring and maintenance plan, including an integrated pest management plan, for all landscape, wetland buffer and steep slope plantings to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to implement and maintain an integrated pest management plan, inspect, maintain, repair and replace any and all landscape, wetland buffer plantings and steep slopes plantings to comply with the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer and/or consultants. d. Provision of a final, detailed monitoring and maintenance plan for all storm water management facilities to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all storm water management structures and appurtenances in accordance with the approved plans to insure the proposed storm water management facilities function to the standards and objectives of the Village of Rye Brook storm water management ordinance and to the satisfaction of the Village Engineer and/or consultants. e. Provision of a final, detailed monitoring and maintenance plan for all steep slope rip rap or other stabilization construction to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and be responsible for monitoring and maintaining the stability of steep slopes on the property to the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer and/or consultants. £ The monitoring and maintenance of all facilities required by the conditions of this resolution that are to be the responsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan or home owners association charter, subject to the approval of the Village Attorney. g. Provision of a final construction management plan for the entire site prior to granting of a building permit that includes specific times and routes for trucks carting material to and from the site, including potential truck routes, July 26, 2007 Planning Board Minutes 17 of 22 July 26, 2007 Planning Board Minutes Approved number of trucks, number of trips, dust and noise mitigation measures and coordination with the Middle School schedule for approval by the Village Engineer, fire, and police services and any other consultants determined to be necessary by the Village Engineer. Work shall be staged to minimize the number of trucks present at the site at any one time. h. Use of a turbidity curtain during construction and/or any other method or methods determined to be necessary by the Village Engineer, consultants or other approving agencies, to prevent migration of silt into the water environment surrounding the site. i. No activity of any type shall be permitted on rip-rap steep slopes, except for required maintenance. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board, j. Construction of docks or any other structures extending into the watercourse or pond shall be prohibited. 3. Conditions of approval for issuance of a steep slopes work permit and wetland permit for development on the Strip: a. To mitigate disturbance and loss of buffer on the Strip plantings consisting of a mix of at least three species of native shrubs located in naturalistic groupings at the water edge and up to a total of 20 deciduous trees of no less than 4 inches caliper and mixed native species, and evergreen tree species of no less than seven feet in height located in naturalistic groupings shall be installed on the Strip. The number, locations, sizes and species of trees shall be to the satisfaction of the Village Engineer and planning consultant(s). b. Provision of a final tree protection and preservation plan to the satisfaction of the village engineer and/or consultants. BE IT FURTHER RESOLVED, that the Applicant shall comply with all conditions of the Board of Trustees Site Plan Approval Resolution dated July 24, 2007 and its December 12, 2006 Findings Statement, except as otherwise stated herein, and any required mitigation set forth therein; and 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, J:IDOCST.)O Rye Brook1538.552 K&M Bowman Avenue site plan.M weitand and steep slopes permits approval.res as approved v5.ak g..mtm.HOC July 26, 2007 Planning Board Minutes 18 of 22 July 26, 2007 Planning Board Minutes Approved Chairman Zuckerman staffed that this project has been here for 13 years. He added that everyone is concerned with flooding and in all the years of review of this project there has been no evidence that it would increase flooding downstream. This was pointed out at the Board of Trustees meeting as well. He believes this project has been pursued with due diligence by both this Board and the Board of Trustees. Chairman Zuckerman called for the next item on the agenda: NEW BUSINESS 6. Site Plan review of an Application by David Robak on behalf of Mrs. Rusciano for a proposed addition to the rear of an existing single family dwelling and conversion of the single family dwelling to a two-family dwelling for the property listed as 52 Hillerest Avenue, Rye Brook, NY, designated on the Tax Assessor's Map as Section 135.76, Block 1,Lot 11 in the R-2F Zoning District. i • Considering a Resolution to Set the Public Hearing. The applicant addressed the Board and gave a brief overview of the project. Chairman Zuckerman stated that this matter is before this Board because it is a conversion of a one- family house to a two-family house and the Building Inspector has determined that a site plan review is required for this change because the applicant needs two additional parking spaces, and that is the basis of our jurisdiction here. In addition, variances are needed and this will also go to the Zoning Board of Appeals. The Chairman is also concerned that there is an existing attic that is being enlarged and that he would like its possible future use addressed at the appropriate time. Mr. Accurso asked if there is capacity now for four vehicles and the applicant responded yes, that they were only here because the Building Inspector required it. Chairman Zuckerman asked for Mrs. Mohamed to read the resolution setting the Public Hearing. Mrs. Mohamed read the resolution into the minutes: Chairman Zuckerman asked for a motion to approve the resolution as read and on a motion made by Mrs. Schoen and seconded by Mr. Grzan, the roll was called: Mr. Accurso Yes Mr. Laufer Yes Mr. Grzan Yes Mrs. Fredman Yes July 26, 2007 Planning Board Minutes 19 of 22