Planning Board

VILLAGE OF NYACK BUILDING AND ZONING DEPARTMENT 9 NORTH BROADWAY NYACK, NY 10960 (845) 358-4249 Fax (845) 358-0672 Planning Board Agenda January 9, 2023 7:00pm 1. 9 Haven Court, Gregory Miller, Application for Tree Removal. Village Planner The Subject Property is in the TFR Zoning District. The residence is located on the north side of Haven Court and is the last residence before the BOCES River View HS property to the east. The property is adjacent to the driveway and parking lot for the high school. The property is approximately 7,840 sf and occupied by a 2-story, two-family residence. The property has larger evergreen plantings in front of the house as well as several trees along the east side of the driveway. There are larger trees along the adjacent High School driveway. Request is for a permit to remove a 17” sumac tree that is located in the front left of the front yard. This tree is next to a larger evergreen tree and near a small holly bush. Arborist’s letter from James Michael Dillon, Perfect Cut Tree dated December 7, 2022, provided an assessment of the tree. The arborist indicates that the sumac tree has girdling roots and a codominant union included with the bark. If the tree fails, the targets would be the sidewalk and road. The Arborist recommended that removal is the best way to mitigate this situation. Recommendation – If the Sumac tree is removed, the larger evergreen will have more room to grow. The property is 7,840 sf and has existing larger evergreens in front of the residence and along driveway and the adjacent driveway for the high school property. There does not appear to be need for replacement of the tree on this property and there is not sufficient space for the planting of a street tree along Haven Court under the overhead utility lines. 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. 1 2. 90 North Broadway, Scheuer/Malino. Site Plan application to convert garage into art studio. Village Planner Planning Board responsibility is to review the site plan for this garage conversion and make a recommendation to the ZBA. ARB approved the application on 9/21/22. Applicant has provided a Narrative describing the garage conversion into an Art Studio. Architect has also provided elevations showing new addition, floor plan with new entrance, site plan and survey with bulk dimensional table. Project Description The subject property is located at 90 North Broadway on the west side of North Broadway, 50’ from the intersection of North Broadway and Third Avenue. The property consists of 0.138 acres in the OMU (Office/Mixed Use) zoning district. The property includes a 2 ½ story, frame/stucco residence with a 389-sf accessory garage located in the northwest corner of the site. The south side of the garage faces the Hopper House. Project consists of the conversion of the existing garage into aa Art Studio (Scheuer Studio – Robin Scheuer is one of the owners of the property). The existing garage is 389 sf with a 105-sf addition containing a new entrance and a ½ bath for a total size of 494-sf. The existing bi-fold wood garage doors will be replaced with a new left slide door and a new north facing skylight is proposed. The addition is on the south side of the garage and plans include trellis and greenery on the exterior to enhance the natural look. The existing garage is located at the end of the 76’ long driveway connecting to North Broadway. The driveway can accommodate parking for two (2) vehicles. The existing garage setbacks are less than a foot on the north side, 1 ½’ on the west, 76’ on the east (North Broadway), and 35’ on the south. The addition on the south side will reduce this setback to 28’ which is still well within the required setback. The setbacks are all zoning complaint except for the height of the accessory garage. which is an existing 13’ which is one foot higher than the maximum of 12’. 2  Bulk Analysis Accessory Building OMU Zone Regulation Required Existing Proposed Feet from Principal 5’ 10’ 10’ * Building Rear Lot Coverage (%) 30% 17% 22% Feet from Street & 25’ min from street 75’ from street 75’ from street * Side/Rear Lot Lines 3’ from side or rear 11’ from side 11’ from side lot lines 1’6” from rear 1’6” from rear Height (feet) 12’ +/- 13’ +/- 13’ * • Unchanged – existing non-conforming SEQRA The proposed action is a Type 11 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 controls,” therefore, ending the SEQRA process. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Recommendation – the Planning Board can make a positive recommendation to the ZBA - only the height of the accessory garage is not compliant (exceeding the 12’ code requirement) – This is unchanged and is existing non-conforming. (see Narrative and Bulk Table above.) The Planning Board can also approve the Site Plan for the Project subject to ZBA action. 3