Planning Board

Village of Nyack Planning Board October 3, 2022 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney Laura Rothschild Manny Carmona - Building Department Miguel Ortiz-Crane-absent Bob Galvin—Village Planner ABSENT Jennifer Knarich - Peter Voletsky Matthew Croussouloudis- alternate - 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 September 12, 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 September 12, 2022 Minutes as distributed. Motion seconded by Voletsky -- so 5-0 to approve other applications. 1. 188 North Broadway. Kelly Colquitt. Application for tree removal Village Planner/Inspector The Subject Property is in the TFR Zoning District. 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. 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.  Page -2-October 3, 2022 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- Stated that the property will be fully improved with foliage including perennials shrubs bushes etc, agrees that the foliage will be replaced. Klose recommends a replacement foliage to the owner to decide what is appropriate-- applicant agrees 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 removal of the requested trees. Motion seconded by Rothschild. Vote- 3-0 to close Public Hearing-- Voletsky and Croussouloudis heard presentation Chairman Klose finds that this is a Type II action for SEQRA moves to approve the application for permit to remove the requested trees subject to the applicant planting reasonable replacement foliage in the form of trees or bushes to replace loss of tree. Motion seconded by Rothschild . Vote: 5-0 to approve the application. 2. 22 Catherine Street. Paul Ferguson. Site plan application to convert single family home to a two family home and referral to ZBA for required area variances. Village Planner/Inspector -Manny A. Carmona- Chief Building Inspector The Subject Property § 360-5.5Expiration of approvals and permits.A. Every building permit, certificate of appropriateness and approval by the Planning Board shall expire if the work authorized has not commenced within 12 months after the date of issuance or approval or has not been completed within 24 months from such date. If no zoning amendments or other Village regulations affecting the subject property have been enacted in the interim, the Building Inspector shall authorize in writing the extension of the latter period by an additional six months, following which no further work is to be undertaken without a new building permit or approval of the Planning Board. B. Every variance shall expire if the work or use authorized has not commenced within 12 months after the date of 2  Page -3-October 3, 2022 issuance. In such cases, the variance shall become null and void. The applicant shall go through the approval process again, due to the length of time of the prior approvals, no work has commenced within the permitted time and the approved variance being null and void. [JULY 2019]--Site Plan application to permit parking of two cars in front yard and referral to the ZBA for required area variances associated with a proposal to convert from a single family to a two family residence. Property is in the TFR zoning district. Building Inspector-- The following area variances are required: 1. From Article IV, VON§360-4.5D(1) for parking more than one car in the front yard. 2. From Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a lot area of 4,350 sq. ft. where 10,000 sq. ft. is required. 3. From Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a lot width of 58 feet where 75 feet are required. 4. From Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a minimum lot depth of 75 feet where 100 feet are required. Planner’s comments- It appears that this is a substandard lot similar to many of the other properties on Catherine Street. There will be no enlargement of the structure and two driveways exist on either side of the residence. 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”. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. I reviewed the tax maps and did a visual analysis of Catherine Street. There are 22 lots on the north side of East Catherine Street. The subject property is approximately in the middle of the block. The zoning minimum lot size requirement for a one family is 5,000 sf and for a two family it would be 10,000 sf. The subject property is 3,049 sf. The average lot size of the 22 lots is 3,275 sf. Thirteen of the lots are below 3,300 sf (similar to the subject property); another five are 4,000 sf with one at 5,250 and two at 6,000 sf. Over 90% of the properties along East Catherine Street are sub-standard. There are a total of seven two-family residences on Catherine with 3 three family houses or almost 45% of the properties. The adjacent residence to the subject property is a three family residence and a two family is just east. Both of these are on 3,200 sf lots. All of the two and three family residences are on the north side of East Catherine Street. Applicant- Paul Ferguson-- parking is off-street- Chairman Klose commended the Board article in the NYTimes -Single-family zoning is practically gospel in America, embraced by homeowners and local governments to protect neighborhoods of tidy houses from denser development nearby. . . . A reckoning with single-family zoning is necessary, they say, amid mounting crises over housing affordability, racial inequality and climate change. But take these laws away, many homeowners fear that their property values and quality of life will suffer. The changes, opponents in Minneapolis have warned, amount to nothing less than an effort to “bulldoze” their neighborhoods. In this case, there are several variances needed. BOARD- Discussed whether there were any material changes to the last time this appeared. Stated sympathy for the pandemic and failure to move forward. Motion by Peter Klose to close the public hearing relative to this renewed ZBA application for a referral to the ZBA as to the area variances. Seconded by VOltetsky - Motion to close the public hearing passed. Vote 5-0 to close. 3  Page -4-October 3, 2022 BOARD - Chairman made a positive recommendation to the ZBA citing all of the other homes in the neighborhood (notes above) the fact that this is a TFR zone and that there will be no change in the footprint of the building-- to encourage housing affordability, racial equality and reduce climate change. - Seconded by Voletsky -- Vote 5-0 for positive recommendation. BOARD- Motion by Peter Klose to close the public hearing relative to the renewed site plan application dated 1-11-2019 and agreed that the conditions remain the same and would move to recommend the Site Plan as previously approved. Seconded by Voletsky - Motion to close the public hearing passed. Vote 5-0 to close. BOARD -- Chairman Peter Klose - made a motion to accept and designate this as a Type II action based on: 617.5 (c)(11) and to approve the Site Plan Application dated (survey January 11, 2019) with an application of four pages-- site plan and A-1 through A-3, subject to reasonable conditions imposed by the ZBA, seconded by Voletsky; Vote 5-0 site plan application approved. OTHER BUSINESS-- Motion to adjourn by Klose, seconded by Voletsky - passed by a vote of 5-0. Meeting was adjourned at 7:12 pm. 4