Planning Board

Village of Nyack Planning Board FEBRUARY 7TH , 2022 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney Laura Rothschild Miguel Ortiz-Crane Bob Galvin—Village Planner Jennifer Knarich Peter Voletsky Matthew Croussouloudis-alt. Absent: Karen Roberts alternate-- SPECIAL THANKS TO Don Yacopino - Chief Building Inspector who retired last month! His 22 years of service have been incredibly helpful, useful, and he will be missed. COVID-19 PANDEMIC STATUS~ VIA ZOOM THIS MONTHTopic: opic: Village of Nyack Planning Board Meeting- Time: Jan 3, 2022 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting : Village of Nyack Planning Board Meeting 02/07/2022 Time: Feb 7, 2022 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83084562307 Meeting ID: 830 8456 2307 Conflict Check: The Chairman polled the members of the Board regarding the issue of possible conflicts of interest regarding the application. Peter Voletsky is going to recuse from the 15 Tallman Application. All others affirmed there were no conflicts of interest or reasons for recusal, unless otherwise noted. Other Business: Chairman stated that the minutes for the January 3rd, 2022 meeting were distributed to Planning Board Members for their review prior to this meeting and at that time asked if there were any corrections. As there were no corrections, Chairman made a motion to approve the December 2021 Minutes as distributed. Motion seconded by Voletsky -- so 4--0 to approve other applications. 1. 53 Route 59. NY Fuel Distributors. Continuation of Site Plan application for the demolition of existing building and gas pump canopy and re-locate on site and request for recommendation to Zoning Board of Appeals for required variances. APPLICATION APPEARS ON AGENDA FOR ADJOURNMENT PURPOSES ONLY BOARD-- Motion by Klose NONE  Page -2- February 7, 2022 2. 74 Jefferson Street. Kier Levesque for Bonnie Mincu. Site Plan application for a two- story rear addition and enclosed porch, and request for recommendation to ZBA for rear yard variance. Property is in the TFR zoning district. Building Inspector- An area variance is required from Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a rear yard of 27.6’ where 37.5’ is required. The ARB conditionally approved the project on September 22, 2021. SEQRA – The proposed action is a Type II action based on 617.5(c)(11) “construction or expansion of a single family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections. LWRP - based on the Village Code, as a Type II action, this is consistent with LWRP policies. Public -- hearing none-- adjournment only 3. 231 High Avenue. John Castaldo Application for tree removal. Property is in the TFR zoning district. Arborist’s letter enclosed. Village Planner – The Planning Board should discuss replacement of appropriate trees in their review and approval. SEQRA – The proposed action is a Type II action. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant--RE: TREE REMOVAL PERMIT FOR:# 231High Ave. Nyack New York We are seeking permission to remove (1) Sugar maple tree w/stump located at front left side of property which is impacting sewer line, and Prune (1) Large overgrown Quansai cherry tree located front right of property as indicated on attached drawing/ pictures. Public-- Egor Tsimbalova-- concerned about what happened to the former shade tree at 230 High Avenue Member Ortiz-Crane-concerned about additional plantings in connection with the application- BOARD-- Motion by Klose - to close the public meeting with respect to removal of the requested Maple Tree. Seconded by Knarich - Motion to close the public hearing passed. Vote 5 -0 to close. BOARD -- Klose made a motion to accept and designate this as a Type II action based on: 617.5 (c)(10) and consistent with the LWRP policies and to approve Tree Removal Maple Tree in 2  Page -3- February 7, 2022 the application subject to applicant using their discretion as to replanting another tree or to donate a tree (or money) to the fund to the Village of Nyack to plant a tree in Nyack. Seconded by Rothschild. Vote 5-0- application approved. 4. 196 Depew Avenue. John Castaldo Application for tree removal. Property is in the TFR zoning district. Arborist’s letter included. Village Planner – The Planning Board should discuss replacement with trees of appropriate tree in their review and approval. Applicant—RE: TREE REMOVAL PERMIT FOR:# 196 Depew Ave. Nyack New York We are seeking permission to remove (1) large Leaning tree located at End of the driveway rear of the property as indicated on attached drawing / pictures hollowed out at the bottom -- renovation to the rear property. PUBLIC-- none. BOARD-- Motion by Klose - to close the public meeting with respect to removal of the requested tree for replacement of others, subject to the applicant's planting. Seconded by Voletsky- Motion to close the public hearing passed. Vote 5 -0 to close. BOARD -- Klose made a motion to accept and designate this as a Type II action based on: 617.5 (c)(10) and consistent with the LWRP policies and to approve Tree Removal and replacement of others, subject the application subject to applicant using their discretion as to replanting another tree or to donate a tree or money to the fund to the Village of Nyack to plant a tree in Nyack. Seconded by Ortiz-Crane. Vote 5-0- application approved. 8. 15 Tallman Avenue. Application for minor subdivision approval and approval to demolish garage. Property is in SFR-1 zoning district. Article V, VON§360-5.8C provides a list of 18 documents (copy enclosed) to be submitted as part of the preliminary plat. The following issues, corresponding to the numbered list, need to be addressed: Village Planner Comments The total property to be subdivided into two lots consists of 15, 215 sf. with 154.57’ of frontage on Tallman Avenue. The subject property SFR-1 zone. It is located one lot to the west of Broadway on the south side of Tallman Avenue. The Bulk zoning table indicates that the two resulting lots would be zoning compliant. Lot 2 which is the closest lot to Broadway has an existing 2 ½ story residence which will remain. Lot 2 is 7,708 sf where 7,500 sf is the minimum required. Lot 2 will have 80’ of frontage where 50’ is the minimum requirement. Lot 1 is 7,507 sf with 77 ‘ frontage. Lot 2 is proposed for a two-story residence. 3  Page -4- February 7, 2022 SEQRA – the proposed minor subdivision is an Unlisted action under SEQRA. As the only involved agency, the Planning Board can assume Lead Agency status at this meeting. DEC’s experience has shown that these kinds of actions do not have a significant adverse effect on the environment, and the preparation of an EIS will not provide better explanation or understanding of impacts nor provide the reviewing agency with significant additional authority. Most of the typical impacts can easily be managed during subdivision or site plan review. LWRP – The Applicant will need to fill out a Coastal Assessment Form which can be reviewed by staff. As part of their review the Planning Board will need to make a consistency review of the proposed action. Staff can assist in that review for the Planning Board. Additional Village Planner Comments based on information provided for the 2/7/22 Planning Board meeting. The Subdivision Plat includes the required Bulk Table. There is a Note on the Plat for Lot 1 “to take care to avoid damage to neighbor’s existing garage near the property line when demolishing the existing 3 car garage” Subdivision includes a series of notes addressing subdivision requirements. The Planting Plan provides a note for Lot 1 “create separation between driveways by macadam removal shown”. Planting Plan shows new concrete sidewalks along both lots. Applicant should consider street trees in front as appropriate. The planting schedule shows new plantings including 1 Red Maple (3” caliper), 8 Norway Spruces (7-8’), and 8 Western Red Cedar (8-10’). Lot 1 adds a Red Maple tree at the northwest front of the property and maintains the existing tree in the northeast corner front of the property. Tree protections measures are shown on the plan. The Norway Spruces will be planted on Lot 1 in the south west corner where the existing garage was formerly located. Lot 2 maintains 5 existing trees at the northeast front corner and continues along the side yard on the east side boundary with the adjacent property. The Western Red Cedar will be planted on Lot 2 in the southwest corner at the end of the proposed driveway. Grading/Drainage/Utility Plan 10/20/21 rev 1/10/22 Subdivision of Property for Pagano 10/20/21 rev 1/11/22 Planting Plan L-701 1/21/21 4  Page -5- February 7, 2022 APPLICANT-- Jay Greenwell-revised -plans-concerned about neighbors-- remainder on the plans are now updated- added drywells for Lots 1 and Lot 2-- revised the grading-- directed to a dry well- proposed driveway-- provided a planing berm to address that to allow the field inlet-- directing all of the water to the drywells. Both have driveways. PUBLIC COMMENT-- Voletsky-- commented looking for Storm Water runoff-- shading for the driveway at night Peter: As you know I’ve recused myself from this application as 15 Tallman abuts our backyard. Below please find a copy of the email I sent Don about the inherent risks associated with the demolition of the Garage/apartment structure at 15 Tallman. Don came over and viewed the structure (from my yard 26 Sixth Ave). That was about a week or so ago. At the time Don did not tell me that he was set to retire before the next Planning Board Meeting. I am bringing this to your attention in case his notes do not reflect his review. I think it is fair to say that a carefully planned Demolition Plan needs to be required, reviewed and approved before a permit is issued for these activities. Thank you. Dru Manaker- concerned about trees on the block-- Possibly a Maple- To the Planning Board and the Building Department: As noted with regard to the application for subdivision and new construction at 15 Tallman Ave, we as neighbors at 20 Tallman Ave. are concerned about the proposed addition of another structure to our street. There has been a subdivision and new construction of one property and massive renovation of another on the north side of the street recently. Of particular concern is the fate of the beautiful maple tree nearest to the front of the property on Tallman Avenue. This tree provides shade, beauty, and animal and bird habitat and gives our street its character. New plantings would not be a substitute and the ongoing removal of mature trees is of significant concern for the village as a whole. At the January 3 planning board meeting, it was stated by the owners' representative that there would be minimal tree removal. This is deceptive, as there will potentially be several significant trees removed. We very much hope that attention will be paid to the impact of this, and in particular preserving at least the magnificent maple closest to the street. Thank you for your consideration of this issue. Dru Menaker John Daniszewski 20 Tallman Ave. Jay Snyder-- sub-division-- would like to see the specifics of the project-- the final specific plans for the house go in the Site Plan approval process, this is sub-division -- level. (Explained by Walter Sevastian)- Owner looking to build another home on this street-- Approval for adjoining home. Will build a similar house. James Dawson-Hollis-- looking to have a tree on the southeast corner of his property-- Angela Davenport Conway-- shared driveway and concerned about the entrance-- to the property.-- Type and 5  Page -6- February 7, 2022 manner of destruction -- slower method-- they will review that issue. the shared portion of the driveway-- Amos Friedland/Pheobe-- concerned about the trees -- concerned about constant house building. Constant Noise-- Complain to the Building Department From-- Lynne Kenney 20 6th Ave. Nyack, NY: Subject: 15 Tallman Ave. To: Village of Nyack, Building Department / Planning Board cc: Pagano RE: 15 Tallman Avenue; Application for SubDivision, Etc. I live directly behind Lot #2, (with existing residence at 15 Tallman Avenue in Nyack). We have resided at 20 6th avenue in Nyack for over 35 years. I attended the Planning Board’s Zoom meeting on January 3rd, 2022, but did not participate. I felt that I needed to gather my concerns before I could present them. Over the 35 years that we have lived here, there have been many structural additions and changes on the hill. Cumulatively those changes have created a great deal of unabsorbed runoff water and soil. Unfortunately, much of that runoff enters our property at the bottom of the hill, mainly from the north and west side. This has caused difficult water and erosion problems. The present proposal for Lot #2 is to extend the existing driveway south and then turn the driveway at a right angle to the east behind the present residence. After the turn the macadam parking area will be 5 to 10 feet from our rear property line. The addition of a residence on Lot #1 is a major concern for us. Even with the proposed removal of the existing garage, there will be more un-absorbable ground covering that may add to an already existing erosion problem. The driveway on Lot #2, entering from Tallman Ave. is higher at the entrance and lower at the back, which will be 5 feet from our rear yard. This downward pitch will create more runoff water into our yard. In addition, the removal of the drain in Lot #1 (next to the proposed western property line of Lot #2) will only add to the problem. Together these problems should be considered and addressed. Thank you for your attention. BOARD ACTION-- Voletsky is going to recuse-- Storm Water Drainage Plan-- Application remains open for further subdivision Applicant is going to finalize the Site Plan - There are no Site Plan before the Board, but the Applicant is addressing all concerns moving forward with the drainage, etc. The Applicant will add a note to the plan that will indicate that the Building Department will review and the Village Engineer will review any garage demolition permit for details and protection of adjoining properties before demolition. 9. 2-4 S. Franklin Street (AKA 143 Main Street) and 145 Main Street. Application for a minor subdivision approval and Special Permit for the merger of two lots. Property is in DMU-1 zoning district. Surveys, subdivision plats and permit application documents should contain the address for SBL66.37-2-15 as listed on the tax rolls as 2-4 S. Franklin Street. Building Inspector- Applicant appeared before the ZBA at the January 31, 2022 Meeting-- granted-- All Violations against the building have been removed. 6  Page -7- February 7, 2022 Village Planner Comments The listed information must be included in the preliminary plat and verified by the Building Inspector before the Planning Board can provide preliminary plat approval and the special permit for the merger of the two existing lots. The Planning Board will then be in a position to approve the final plat – there is a code requirement to have a public hearing on the final plat. The Planning Board can request preparation of a draft resolution for the final subdivision plat after approval of the preliminary plat. ZBA Variance – Applicants will require an area variance from the ZBA for three parking spaces. Eight spaces are required for the 8 residential units. There are 33 spaces required for the office/retail and restaurant uses. The existing parking requirement is 38 spaces. There are 41 spaces required for the new project. The difference is the three spaces which need a parking variance from the ZBA. SEQRA – The proposed action is a Type II action based on 617.5(c)(18)-- “reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special-use permit, and the action does not meet or exceeds any of the thresholds in section 617.4 of this Part;” LWRP - Based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant-- DR Pilla--Darua Tutko-- wanted the Resolution to approve the Sit Public- NONE BOARD-- Motion by Klose to close public hearing with respect Application for a minor subdivision approval and Special Permit for the merger of two lots. Property is in DMU-1 zoning district. Seconded by Rothschild -- 5-0 relative to the Application for a minor subdivision approval and Special Permit for the merger of two lots. Property is in DMU-1 zoning district. BOARD-- The listed information appears to be included in the preliminary plat plan and should be verified by the Building Inspector. The proposed action is a Type II action confirmed by the Planning Board at their meeting on January 5, 2022. The ZBA approved the Applicant’s parking variance on January 31, 2022. The Planning Board can make a motion to approve the Preliminary Plat Plan for 143 (2-4 South Franklin) & 145 Main Street and the special permit for the merger of the two existing lots. The Planning Board keeps the public hearing open for review of the Final Plat Plan. The Planning Board can direct the applicant to prepare a Final Plat Plan for filing with the Rockland County Clerk’s Office. This would 7  Page -8- February 7, 2022 be reviewed and approved by the Planning Board. A draft resolution can be prepared by staff prior to the Final Plat Plan approval. After the last Application, Members of the Planning Board discussed the public Referral from Village Board for an advisory recommendation (VON Code 360-5.6) regarding proposed text amendments relating to Cannabis Retail Dispensaries. OTHER BUSINESS-- Motion to adjourn by Voletsky, seconded by Rothschild - passed by a vote of 5- 0. Meeting was adjourned at 8:30 PM. 8