Planning Board

Village of Nyack Planning Board July 11, 2022 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney Laura Rothschild - absent Manny Carmona - Building Department Miguel Ortiz-Crane Bob Galvin—Village Planner ABSENT Jennifer Knarich Peter Voletsky Matthew Croussouloudis-alt.-sitting today Absent: Karen Roberts alternate-- COVID-19 PANDEMIC STATUS~ IN PERSON Conflict Check: The Chairman polled the members of the Board regarding the issue of possible conflicts of interest regarding the 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 June 13, 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 MARCH 2022 Minutes as distributed. Motion seconded by Voletsky -- so 5--0 to approve other applications. 1. 218 N Midland Avenue. Andrew Esposito. Application for tree removal. Village Planner/Inspector Property is in TFR Zoning District. Request is for a permit to remove a 36” Oak tree that is located in the left front yard to accommodate the installation of roof- mounted solar panels. Arborist’s letter from Michael Naclerio dated 3/11/22 provided an assessment of the tree and the adjacent retaining wall. Assessment stated that the tree was having an impact on the wall. The Building Inspector’s comments indicated that the tree was in good shape and no wall damage. It appears that the reason for the removal is essentially for the efficiency of the solar panel installation. Applicant has stated that they intend to replace the tree with a smaller flowering tree. A condition of the tree permit should be the replacement of the tree within a specified time period such as 6 months.  Page -2- July 11, 2022 Upon the express written finding of an arborist licensed in the State of New York that the proposed significant tree removal will not result in or cause, increase or aggravate any of the following conditions: • impaired growth or development of the remaining trees or shrubs on the property of the applicant or upon adjacent property, • soil erosion, sedimentation or dust, drainage or sewerage problems, or • any other dangerous or hazardous condition, and • only if a significant tree to be removed is replaced elsewhere on the property or in the immediate neighborhood. SEQRA DETERMINATION – This action is a “Type II” action based on 617.5 (c)(12) “construction or expansion of a single family, a two-family or a three-family residence on an approved lot ......” therefore, ending the SEQRA process. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. APPLICANT- Andrew Esposito - arborist and solar company not present. Tree shades solar panels if installed. wants to replace with Japanese p maple, lower than panels agrees not to take the trees down if the solar panels are not installed. Public comment- Leslie Powell - 2 doors down. knows trees and the house. have no problem with purpose or renewal. Peter Klose mentions a preferred list of trees. Board- Chairman Klose moves to close the public hearing with respect to the Application to permit to remove a 36” Oak tree that is located in the left front yard only to accommodate the installation of roof-mounted solar panels. Motion seconded by Ortiz-Crane. Vote- 5-0 to close Public Hearing Chairman Klose finds that this is a Type II action for SEQRA moves to approve the application for permit to remove a 36” Oak tree that is located in the left front yard to accommodate the installation of roof-mounted solar panels subject to the applicant planting reasonable replacement foliage in the form of trees or bushes to replace loss of tree and will not remove tree if the solar panels do not to be installed. Motion seconded by Knarich. Vote: 5-0 to approve the application. 2. Application for tree removal. 85 Piermont Avenue. American Legion. Application for tree removal. SFR-1 Zone Village Planner/Inspector -This application is a joint project with the American Legion and the Gray Residence property to enhance the ecological conditions along the stream that borders both properties. The arborist is Yost Design which has provided a report including a Tree Location Plan, 2  Page -3- July 11, 2022 all trees within the boundaries of the Gray property boundaries for all trees 5" diameter breast height (DBH) and above; Landscape Design -Included to show new tree locations and Tree Inventory. The Yost Design recommendations: American Legion, 85 Piermont Ave - Five trees, 12" DBH and over, are recommended for removal on the American Legion Property. Gray Residence, 87 Piermont Ave No Trees above 12" DBH are recommended for removal on the Gray, 87 Piermont Ave Property. The consultant identified 14 trees for removal on both properties. Of these trees, 13 are either dead or in poor condition; the remaining tree is a Norway Maple which is considered invasive by New York State. Upon the express written finding of an arborist licensed in the State of New York that the proposed significant tree removal will not result in or cause, increase or aggravate any of the following conditions: • impaired growth or development of the remaining trees or shrubs on the property of the applicant or upon adjacent property, • soil erosion, sedimentation or dust, drainage or sewerage problems, or • any other dangerous or hazardous condition, and • only if a significant tree to be removed is replaced elsewhere on the property or in the immediate neighborhood. 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- Yost, landscape architect supports the landscape plan dated (April 8, 2022 was date on plan). There is a pending application at 87, this is for 85. The client at 87 wants to remove invasive species. Majority of trees are invasive or in really bad shape. An Arborist report was sent in working from the Planting Plan submitted with the application. One tree is Norway maple, invasive, probably rotten on the inside. Once the house goes up, access will be tricky, so native trees can flourish. per survey, 14 trees on the property, 13 of which dead or dying. not removing anything on the American legion. focusing on knotweed. putting in 8 new trees primarily on 87, removing 1 tree on 87. balance of trees on 85. The client is interested in replacing native plants. Taking down 14 but putting up 8, scattered. cannot replace all, that's the reason they are dying, not enough space for them to flourish. PUBLIC- - asked if there were enough trees to prevent flooding. Asa Johnson of 123 Piermont Ave. Klose- trees to be removed on Nyack brook. already below his house on the Nyack creek bank should not cause additional problems. 3  Page -4- July 11, 2022 Board- Chairman Klose moves to close the public hearing with respect to the Application to remove trees as per the April Landscaping plan. Motion seconded by Ortiz-Crane. Vote- 5-0 to close Public Hearing. Chairman Klose moves to declare this a Type II and approve the application to remove the subject trees as per the landscaping plan. Motion seconded by Voletsky . Vote- 5-0 to approve the application. 3. Application for tree removal. 42 Sixth Avenue. Robert Silarski. Application for tree removal . Property is in SFR-1 Zoning District. Request Applicant has provided a Project Narrative dated June 10, 2022. Project includes the removal of two (2) existing trees at the eastern side of the property and the paving of the areas surrounding the house designated as driveways. Applicant is requesting the removal of two White Pine trees to increase the safety of the parking area. They propose to plant two Cherry trees at the westside in the southwest portion of the property away from the parking area. These trees are fast growing that can reach a maximum height of 40’. Based on the letter (3/2/22) from the arborist, O’Sullivan Tree Care, the two White Pines root systems would be compromised by the paving of the parking area. The Applicant proposes to remove the gravel surface of the parking area and replace it with porous paving. The permeable surface will improve the drainage and increase the percolation rate into the soil. Upon the express written finding of an arborist licensed in the State of New York that the proposed significant tree removal will not result in or cause, increase or aggravate any of the following conditions: • impaired growth or development of the remaining trees or shrubs on the property of the applicant or upon adjacent property, • soil erosion, sedimentation or dust, drainage or sewerage problems, or • any other dangerous or hazardous condition, and • only if a significant tree to be removed is replaced elsewhere on the property or in the immediate neighborhood. 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- Rooming house undergoing reno. driveway to be paved with permeable pavement not the subject of this application, trees closest to property line will not survive and are dangerous. The Arborist letter testifies to that effect. 2 trees to replace in different locations. 4  Page -5- July 11, 2022 Voletsky mentions that 1 of the 2 subject trees is off balance and appears to be unsafe. A loose gravel driveway is difficult to plow in winter, leading to ice patches. proposes removal of the 2 pine trees closest to the east property line. 2 Yoshino cherry trees will be planted elsewhere on the property to compensate for the 2 being removed.. PUBLIC-- NONE. Klose motions to close public hearing. Miguel seconds. Klose motions to approve letter of 3/22 of Sullivan trees subject to replacements. Miguel seconds. Board- Chairman Klose moves to close the public hearing with respect to the Application to remove removal of two (2) existing trees at the eastern side of the property in the area of the intended paving surrounding the house designated as driveway. Motion seconded by Ortiz Crane. Vote- 5-0 to Close Public Hearing. Chairman Klose moves to declare this a Type II and approve the application to remove the two (2) existing trees at the eastern side of the property. Motion seconded by Ortiz-Crane. Vote- 5- 0 to approve the application. 4. 27 Route 59. Taco Bell. Application for a demolition of an existing building and construction of a new fast-food restaurant with a drive-thru aisle and window. Property is in Corridor Commercial (CC) Zoning District. Escrow – need to establish escrow for Mike Galante for Traffic/parking and queuing review; Establish escrow for Village Engineer for site plan and engineering review; establish escrow of $1,500 for Village Planner for review/staff support. ARB-- Application received ARB conditional approval on 3/16/21. Building Inspector--The subject property is 22,728-sf. It has a 100’ frontage on Rte. 59. The property is zoning compliant with: • the front yard setback is 21’.7” where required maximum is 25’. • the side yard is 28’ where 3’ is required. • total side yards are 71’ where 15’ is required. • rear yard is 107’ where 25’ is required • height is one story at less than 35’. Parking Schedule shows the required number of parking stalls is 15 spaces with 15 being provided (one of which is ADA space). 5  Page -6- July 11, 2022 The subject property is adjacent to the Dunkin Donuts. It has an approximate 22 feet wide minimum lightly wooded area along the full width of the rear of the property. The area slopes up approximately 27’ to Upper Depew. The water and gas services are being proposed from Upper Depew Avenue, thus clearing will occur in a portion of this area. The Planning Board should determine if the remaining natural screening is sufficient or if additional screening, to supplement that which will remain, is needed. Applicant is proposing to plant nineteen (19) evergreen trees (Green Giant Arborvitae) along the lot frontage of Upper Depew Avenue to supplement existing natural screening to remain. Concrete sidewalks will be installed along the full lot frontage. Two shade trees (Red Maples) have been proposed along Rte. 59. Landscaping- The following shade tree plantings are proposed for the off-street parking area: • Three (3) Acer rubrum ‘Red Sunset’/Red Sunset Red Maple • One (1) Ginko biloba ‘Fastigiata’/Fastigiate Maidenhair Tree In addition to the four (4) proposed shade trees listed above, the following evergreen tree plantings are proposed for screening purposes around the trash enclosure-five (5) ‘Dark Green’/Dark American Arborvitae. The trash enclosure should be constructed of material that is aesthetically pleasing and architecturally consistent with the proposed structure. Retaining wall is proposed at the rear and side of the property. Structural plans need to be provided during the permitting phase. Applicant has provided SWPPP Village Engineer Memo dated 2/28/22. Comments addressed by Applicant in his 4/20/22 Response Narrative and revised plans. ARB has approved the architecture. April 19, 2022-- Rockland Planning -- GML – Rockland County Planning (4/19/22) GML - Town of Orangetown, Dept of Environmental Management & Engineering (4/7/22) SEQRA DETERMINATION – This action is a “Type II” action based on 617.5 (c)(9) “construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use” The gross square footage for the new fast-food restaurant is 2,240-sf., thereby, ending the SEQRA process. LWRP – based on the Village Code, 6  Page -7- July 11, 2022 as a Type II action, this is consistent with LWRP policies. GML Following were sent to applicant with responses provided in revised set of plans and response Narrative dated 4/20/22: GML – Rockland County Planning (4/19/22) GML - Town of Orangetown, Dept of Environmental Management & Engineering (4/7/22) GML – DOT – provided to applicant Additional: GML Response from Clarkstown – local determination GML Response from County Health Dept. – needs permit for kitchen and needs SWPPP to be reviewed for compliance with County Mosquito code. The gross square footage for the new fast-food restaurant is 2,240-sf., thereby, ending the SEQRA process. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Traffic/Queuing review The Planning Board has reviewed the Applicant’s traffic study and queuing information for two comparable Taco Bell restaurants.(Port Chester and Carmel). The Applicant has made all requested changes to traffic circulation and has revised the site driveways to restrict left turns from entering and exiting the site. The Planning Board has also reviewed information on the different peak hours between the adjacent Dunkin Donuts and the proposed Taco Bell restaurant. The Planning Board has reviewed the Village Traffic Consultant’s preliminary and final reports concluding that the Site Plan, as designed, provides adequate vehicle queuing. Any spillover will be in the travel aisle blocking the angled parking spaces for patrons at the restaurant. It is important to note that the travel aisle entering the site and behind the proposed parking spaces measures 16 feet in width. This will not allow a patron waiting in a vehicle queue to permit a vehicle to pass that waiting vehicle. The Village Traffic Consultant’s final review (7/8/22) has indicated that the proposed development will have an impact on area roads. The Village should request that the NYSDOT require some type of mitigation in the form of signal timing changes, if possible, or other mitigation as part of the Highway Work Permit. Applicant– Proves right hand turn out, acknowledges the timing issues for the NYSDOT mitigation and will work with the Village-- Added number of signs restricting the turning movements, no left turns out. Analysis updated with that. Not as much depth to channelize turns more. DOT requirements, end of curb must be 5 feet off property line. The signs access the road and as you approach the exit. There is a do not enter sign at the opposing side to prevent left turn in from the westbound side of 59. PUBLIC-nobody from the public. Miguel seconds to approve resolution as written. Applicants shall include Village in conversations with NYSDOT, that Village wants different timing as suggested by traffic engineers. 7  Page -8- July 11, 2022 BOARD--Chairman Klose moves to close the public hearing with respect to the approval of this Site Plan. Seconded by Ortiz-Crane Vote 5-0 to approve. BOARD-- NOW, THEREFORE, BE IT RESOLVED that the Site Plan and Special Permit application submitted by Kai Restaurant Group (Contract Vendee) for the redevelopment of the site for a new single- story, 2,240 sf fast-food restaurant (Taco Bell) with a drive-thru aisle and window in the Corridor Commercial (CC) zone located at 27 Route 59 as reflected on the set of approved plans listed in a separate resolution be granted, subject to the conditions found in the final resolution. Seconded by Ortiz-Crane Vote 5-0 to approve. Klose signed the document. OTHER BUSINESS-- Motion to adjourn by Voletsky, seconded by Knarich - passed by a vote of 5-0. Meeting was adjourned at 7:311 pm - motion to adjourn. No August meeting. 8