Planning Board

Village of Nyack Planning Board September 12, 2022 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney - absent Laura Rothschild Manny Carmona - Building Department - absent Miguel Ortiz-Crane Bob Galvin—Village Planner ABSENT Jennifer Knarich - absent Peter Voletsky Matthew Croussouloudis- alternate - absent Karen Roberts alternate-- absent 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 July 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. 4 Francis Avenue. William McDowell. Application for tree removal Village Planner/Inspector The Subject Property is in the TFR Zoning District. The residence is located on the west side of Francis Avenue between 5th Avenue and 6th Avenue and one block away from Midland Avenue. It is a 1 ½ story residence. Request is for a permit to remove an 18” Maple Tree that is located in the rear yard leaning toward the neighbor’s garage on 2 Francis Avenue which is adjacent to the left of the subject property. Arborist’s letter from John Bolton, O’Sullivan Tree Care dated July 22, 2022, provided an assessment of the tree. The tree roots have been weakened by standing water. The arborist has indicated that there are multiple targets on and around the property if the tree does fall. He recommended that the best way to mitigate the situation would be to remove the tree. Recommendation – The Applicant does not have any trees in the front of the house. Adjacent trees along the street and across the street have planted trees in their front yards. The Applicant should provide a new tree in the front yard similar to the trees across the  Page -2- July 11, 2022 street and on the adjacent properties. This would improve the streetscape along Francis Avenue. A condition of the tree permit should be the replacement of the tree similar to the existing trees on adjacent properties along Francis Avenue. 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-explained that the tree if it falls will cause much property damage, showed photographs of backyard flooding Klose recommends a replacement tree in the back. discuss with the owner what is appropriate- - applicant agreed to replace appropriate shrubbery or other small more appropriate tree on the property to mitigate stormwater runoff. moves to approve on condition of replacement foliage Public comment- none Board- Chairman Klose moves to close the public hearing with respect to the Application to permit 18” Maple Tree that is located in the rear yard leaning toward the neighbor’s garage on 2 Francis Avenue. Motion seconded by Voletsky second . 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 18” Maple Tree that is located in the rear yard leaning toward the neighbor’s garage on 2 Francis Avenue 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 . Vote: 5-0 to approve the application. 2  Page -3- July 11, 2022 2. Application for tree removal. 128 First Avenue. Grace Church. Application for tree removal SFR- 1 Zone Village Planner/Inspector -The Subject Property is located at the northwest corner of Jefferson Street and First Avenue in the TFR zone. The residence (Babbit Hall) is the Rectory for Grace Episcopal Church situated to the rear of the property at the northeast corner of First Avenue and North Franklin Avenue. The subject property is adjacent to a large parking lot and St. Ann’s & St. Paul’s RC Church. The property also includes a garage to the rear of the rectory. The application is for the removal of three trees located in front of the Rectory along Jefferson Street. These include the following trees: a Dogwood, Sweet Gum and Hemlock. The Arborist Report prepared by James Michael Dillon dated 5/17/22 provides the rationale for the removal of these trees. Sweet Gum Tree - The Report indicates that the roots of the Sweet Gum (DBH 34”) are bound to the building’s foundation, sidewalks and adjacent road leaving little anchorage for the tree. The Sweet Gum tree is 11’ from the foundation and 6’ from the sidewalk and road. The roots are causing damage to the foundation and lifting sidewalk panels (see submitted photographs) causing a hazard to pedestrians. Almost 95% of the tree’s weight is leaning toward the road and sidewalks with very little spread of structural root. This represents a hazard to both the foundation and the sidewalks. This tree should be removed. Hemlock Tree – This Hemlock tree (DBH 19”) is 18” from Babbit Hall resulting in years of uneven pruning /limb removal causing an unbalanced canopy and extended section of trunk with no limbs. It has outgrown its location (ss submitted photographs). Dogwood /Cornum Tree – This tree has a DBH of 11”. It has a large cavity at the base of the trunk making it extremely vulnerable to failure. Fifth percent of the canopy is dead. Both the Hemlock and Dogwood trees should be removed. Recommendation – There is not sufficient space in the front yard for any planting of trees. The rear yard presents an opportunity to plant one or more appropriate trees away from any structures. Upon the express written finding of an arborist licensed in the State of New York that the proposed 3  Page -4- July 11, 2022 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- emily neville, property warden tree 1 - gum tree- roots damaging foundation of house, lifting sidewalk = tripping hazard tree 2- dogwood, 50% dead tree 3- hemlock, branches Klose recommends a replacement tree in the back. discuss with the owner what is appropriate- - applicant agreed to replace appropriate shrubbery or other small more appropriate tree on the property to mitigate stormwater runoff. PUBLIC- none. Board- Chairman Klose moves to close the public hearing with respect to the Application to remove removal of three trees located in front of the Rectory along Jefferson Street. These include the following trees: a Dogwood, Sweet Gum and Hemlock. 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 removal of three trees located in front of the Rectory along Jefferson Street. These include the following trees: a Dogwood, Sweet Gum and Hemlock subject to the applicant replanting appropriate foliage, small tree to offset the loss of landscape. Motion seconded by Voletsky . Vote- 5-0 to approve the application. OTHER BUSINESS-- Motion to adjourn by Voletsky, seconded by Knarich - passed by a vote of 5-0. Meeting was adjourned at 7:08 pm - motion to adjourn. 4