Planning Board

Village of Nyack Planning Board April 3, 2023 Members Present: Also Present: Laura Rothschild - Chair Dennis M. Michaels, Esq. Village Attorney Peter Voletsky - present Manny Carmona - Building Department Miguel Ortiz-Crane - present Bob Galvin—Village Planner Jennifer Knarich -present Samuel Hart - present Matthew Croussouloudis – absent Taylor Light - absent COVID-19 PANDEMIC STATUS~ IN PERSON Conflict Check: The Chair polled the members of the Board regarding the issue of possible conflicts of interest regarding the application. All affirmed there were no conflicts of interest or reasons for recusal, unless otherwise noted. Other Business: The Chair stated that the minutes for the March 6, 2023, meeting were distributed to Planning Board Members for their review prior to this meeting and at that time asked if there were any corrections. Because there was not a quorum of members who attended the March meeting, it was decided that approval be held until next meeting in May. 1. 59 Gedney Street. Nyack Boat Club. Application for tree removal. The Chair described the application and asked if there was anyone representing this application. Clifford Selover, Commodore of the Nyack Boat Club, represented the Boat Club and described two distressed trees – one Sugar Maple and one Norway Maple that were in serious decline. He had a formal risk assessment done by Mr. Wayne Cahilly, the arborist for Cahilly Horticultural Services, who determined that both trees were at risk. The Chair asked if anyone on the Board had any comments or questions. There were none. She indicated that the Norway Maple is an invasive species, but asked if the Boat Club is willing to replace the Sugar Maple. Commodore Selover said yes. The Chair asked which company was going to remove the trees. Commodore Selover indicated that Perfect Cut Tree Service was the company. The Chair made a motion to open the meeting to public comment and was seconded by Peter  Page -2-April 3, 2023 Voletsky. Hearing no comment, the Chair made a motion to close the public hearing, seconded by Peter Voletsky and carried by a vote of 4-0. The Chair indicated that the proposed action is a Type II action. LWRP – based on the Village Code, as a Type II action, this is consistent with policies of the LWRP. The Chair included the following memo from the Village Planner in the record. Village Planner The Subject Property is the Nyack Boat Club located at 59 Gedney Street in the Waterfront (WF) zone. The property is on the east side of Gedney Street approximately 100’ from its intersection with 1st Avenue. The request is to remove two trees: a Norway Maple and a Sugar Maple. The Norway Maple (21.4”) is situated between the walkway from the front gate to the patio and the fence along Gedney Street. The Sugar Maple is located in the patio area south of the main building. The certified arborist (A. Wayne Cahilly of Cahilly’s Horticultural Services) provided a risk assessment report dated 2/17/23 which reviewed the Norway Maple and Sugar Maple. The arborist provided a December 2022 report which focused on the Sugar Maple. The Norway Maple has a risk assessment level of 2 while the Sugar Maple has a higher risk assessment level of 3. He described the issued with each tree. The Norway Maple has visible girdling roots visible on the soil surface. It has bleeding cankers on the north side and there is die back in the crown. His recommendation is to remove for safety purposes. The arborist describes the fungal mass and pruning wounds on the trunk of the Sugar Maple. He tested the condition of the remaining shell wall of the trunk. He described the overall condition of the interior of the main stem is “dismal”. The tree’s large limbs are cabled to the central leader. The target area for the tree is the entire patio area and part of the main building. It has a higher risk of failure and should be removed before the Spring. Recommendation It should be noted that the Norway Maple is an invasive tree. The Sugar Maple should be removed due to its location encompassing the patio area that is occupied by a number of members and guests during the season. This type of shade tree should be planted elsewhere on the Boat Club’s property in a suitable location and safe location with the advice of the arborist. The Chair asked for a motion. Jennifer Knarich made a motion to approve this application with the agreement that the Nyack Boat Club will replace the Sugar Maple tree in an appropriate location on the Nyack Boat Club property. Peter Voletsky seconded this motion. Approved with 4-0 vote. 2  Page -3-April 3, 2023 2. 42 Burd Street. Gisondi Properties. Site Plan application for an addition and conversion from an office building to a 4-unit residential building. The Chair introduced the application. She indicated that the Bulk Table provided below provided an analysis of the variances required for the application which requires attendance at the ZBA meeting. She also indicated that the ARB approved the application conditionally on 12/21/22. Applicant provided the ARB with the requested materials. Applicant will go back to the ARB after the ZBA. Bulk Analysis DMU-1 Zone . Regulation Required Existing Proposed Parking within 15’ of 15’ 4.3’ 3.6’ qualified window Rear Yard Setback 15’ 0. 5’ 0.5’ Over Over Minimum One Side 15’ on east side 0’ 0’ Yard Setback Density – 50 units/acre 3.8 0 4 (360-4.14) The Chair asked who was representing the applicant. Mr. Ed Swaby indicated that he was the architect and was representing Gisondi Properties. The Chair asked Mr. Swaby for a brief narrative describing the project. Mr. Swaby started by addressing the Village Engineer’s site review and stated that he had revised the plans providing new grading information on the site plan. Mr. Swaby showed the rendering prepared for the ARB and photographs of existing conditions. He showed the existing plot plan with sloping and grading elevations and handicapped ramp at corner. He believes that the slopes conform with the ADA requirements. Handicapped parking is at front of property adjacent to the rain garden. First floor apartments (2 units) are handicapped accessible. The Chair suggested going through the Village Engineer’s comments one by one. 3  Page -4-April 3, 2023 The Village Engineer has provided site review dated 3/16/23. The Village Engineer’s review is provided below and included in the record: Dear Members of the Board, We are in receipt of a submission with regard to the above captioned project consisting of the following: 1. Architectural plans entitled “ Gisondi Family Ltd. Partnership Multiple Dwelling Conversion, 42 Burd Street”, prepared by Edward G. Swaby, RA, dated 2/15/23, sheets A-0, A-1 through A-9. 2. We are not in receipt of a SEQRA Short Form. The property is located on the northwest corner of Burd Street and Piermont Avenue and is within a DMU-2 Zone. The property is fully developed with a 2-story structure and paved parking lot. The applicant is seeking to expand the structure, and convert it into four residential units. We offer the following comments: 1. A current Boundary and Topographic Survey, signed and stamped by a PLS, shall be provided. All existing utilities shall be shown. The distance to the adjacent structures on the adjoining lots shall be shown. Grades along the curb and sidewalks along the property frontage on Burd Street and Piermont Avenue shall be shown. Satisfied 2. The Bulk Zoning Table should reflect the correct side yard setback(s), and floor area ratio. Satisfied 3. The square footage numbers shown on sheet A-6 for each unit do not seem to be consistent with those shown in the Habitable Room Schedule shown on sheet A-8. Those shown on sheet A-6 are less than 600 SF for each unit whereas those shown on sheet A-8 are greater than 600 SF. This shall be clarified. Satisfied 4. Based upon the SF noted on the plans, it appears the units are less than 600 SF each as required per code. This shall be confirmed. Satisfied 5. The Parking Requirement is 1.25 stall per 1 bedroom unit; thus, 5 parking stalls are required and four parking stalls are provided. Satisfied – 4 regular parking spots plus one handicapped spot provided on plans = 5. 4  Page -5-April 3, 2023 6. The grading of the parking area should be more detailed. The ADA parking stall and discharge area may not be greater than 1.5% slope. Must be certified by an Engineer. 7. The 8.33% slope in the parking lot is excessive. The cross slope in the parking stall area should be 5% - 6% maximum. Must be certified by an Engineer. 8. The proximity of the parking stalls to the proposed windows is in violation of Code Section 360— 4.5 E (3). No parking shall be within 15 feet of a window. Variance required. 9. The height of the proposed walls, with top of wall, bottom of wall elevations shall be provided. Will require structural review of walls over 3 ½ feet with fence and will require variance for height. 10. The sight lines at the corner of Burd Street and Piermont Avenue shall be shown. Code Section 360- 4.9 A (2) addresses sight lines. Shall show maximum sight line visibility on plans. 11. The plans note concrete sidewalk and driveway is to be replaced along the full property frontage. Concrete curb shall also be replaced, and a compliant ADA ramp constructed at the corner of Burd Street and Piermont Avenue. Sidewalk and ramps shall be incorporated into plans according to DPW specifications. 12. All proposed utilities shall be shown, including size, material and slope. Shall be installed according to O&R specifications. 13. Roof leader connections shall be shown. Leaders need to be 8” or larger. 14. Drainage calculations shall be submitted for the design of the cultec units. The location of the unit shall be shown on the plans. The inspection port and clean out port shall be shown. Perc test to be provided to Building Department and Village Engineer at start of project and drainage calculations need to be made. 15. A 4-inch diameter drain from an open stormwater conveyance system is too small as it is subject to easily 5  Page -6-April 3, 2023 clogging with debris. The minimum stormwater conveyance system pipe is preferred to be 12- inch diameter. Applicant needs to clarify with Village Engineer. Stormwater Agreement is required as condition of approval. 16. Standard heavy duty catch basin and trench drain shall be specified as both are in direct wheel paths of vehicles. Village Engineer needs to be satisfied with commercial grade heavy duty catch basin and trench drain. 17. The rain garden plantings shall be detailed. Blue Book Standards shall be followed in the design of the rain garden. Rain Garden needs to be designed to the satisfaction of the Village Engineer 18. Percolation tests shall be performed in the area of any proposed infiltration practice to ensure the viability of the soils to accommodate this design. Soil logs and written test results shall be submitted to our office and the building department. Needs to be completed before construction commences and reviewed and approved by the Village Engineer. 19. We recommend foundation plantings be considered east and west of the proposed patios in lieu of pervious pavers. Village Engineer needs to approve. 20. The applicant is proposing the AC condenser unit and trash/recycling container in the front yard immediately adjacent to the front property line. Access to the same is from the public sidewalk rather than internally from the property. There is a 5 feet high fence along the front property line to screen the trash/recycling container and the AC Unit. We recommend alternate locations be considered, and access to this area be made internally from the property. The height of the proposed fence in the front yard is not in conformance with Code Section 360-4.9 B(1) (a) (1) – code allows 3 ft 6 inches high fence in a front yard. Variance will be required for fence height. 21. The trash/recycling enclosure design should be architecturally consistent with the proposed structure. Applicant will make it architecturally consistent with structure and also clarify garbage agreement with adjacent property owner at 48 Burd St. 6  Page -7-April 3, 2023 22. Proposed lighting shall be shown. Applicant to provide light shielding on Light Schedule. 23. Proposed mailboxes shall be shown. Shown on A-4. Applicant to coordinate with USPS for correct unit numbers. 24. Proposed signage shall be shown. If and when any signage is proposed, it will require ARB approval. 25. Construction details shall be provided for all site improvements including : the pervious pavers, parking lot pavement, concrete driveway apron, dropped curb, fence and retaining wall. The concrete sidewalk shall be 5-inches thick with WWF. Shall be done according to DPW specifications. The Village Planner has provided updated site review dated 3/27/23. The review is provided below and included in the record. Village Planner Review This application was reviewed in May 2019, however, the application was approved in May 2019 conditioned up a stormwater management agreement executed by the Applicant and the Village. The current plans are similar and include the sustainability elements that were recommended at that time to arrive at total of four residential units. Summary of Site Plan Recommendations The following are recommendations that are provided to assist the Planning Board in their site plan review:  Use of Village sustainability bonus to attain the proposed density of 4 units; - rain gardens and permeable surfaces – addressed.  New stone curbs for the driveway and new driveway apron in previously approved site plan – addressed.  New porous pavement consisting of 571 sf replaces the existing impervious surface on the site which is more than the 30% requirement of 541 sf; - addressed.  Fencing around the dumpster/recycling area should be specified. The screening should sufficiently buffer this area from the street; .  New stone concrete sidewalks should be installed along Burd Street and Piermont Avenue – addressed. 7  Page -8-April 3, 2023  Need landscape plan showing any street trees along Piermont Avenue and specifying the plantings for the rain garden. Village Planner Updated Review To: Chairman and Members of the Village Planning Board From: Bob Galvin, Village Planner Date: 3/27/23 Re: 42 Burd Street Site Plan Review Existing Conditions The subject property consists of 3,328 square feet in the DMU-2 zone. It is a corner lot at the northwest corner of Burd Street and Piermont Avenue. The site is occupied by a two-story wood framed building with two offices. The building is set back 58.9’ from Burd Street and has a width of 56.4’ along Burd Street. There are 6 existing parking spaces across the front of the building. The front yard is asphalt driveway extending the width of the lot. There is an existing concrete wall surrounding the property with a black iron rail on top of the wall. The existing dumpsters and recycling are located along the west side of the property as well as in the front southwest corner. The property is in the DMU-2 zone which has a base density of 50 units per acre. The density allowed for this 0.076-acre site is 3.8 units. To attain the 4 units proposed, the Applicant can avail himself of one of the Village’s sustainability bonuses (see §360 -4.14). Applicant proposes to reduce the site’s impervious surface by 30% and provide rain gardens designed in accordance with the NYS Stormwater Management Design Manual and reviewed by the Village Engineer. The rain garden consists of 76 sf and is located in the southeast corner. Each of these sustainable amenities allow a 5% density bonus. This results in a total density bonus of 10%. This would allow a dwelling unit count of 4.18 units, rounded down to 4 units. The subject property is adjacent to the St. George Hotel on the west and two structures to the north. These buildings are all in the DMU-2 zone. The two buildings to the north include 12 and 8 Piermont Avenue. 12 Piermont Avenue building is a three-story structure fronting on Piermont Avenue. It has a real estate office on the ground floor with residential units above. 8 Piermont Avenue is a residential building located behind the subject property and accessed by stairs leading from Piermont Avenue. Proposed Project The proposal is a rehabilitation of the existing building to include residential uses instead of offices. There is a minimal addition of 136 sf to the building footprint on the west side. The Applicant proposes two one-bedroom apartments on each floor for a total of 4 one-bedroom apartments. The size of the units are all larger than the required 600 sf. On the first floor: Unit A and B are 629 sf and 624 sf respectively. On the 2nd floor, Unit C and Unit D are 649 sf and 638 sf respectively. The parking requirement is 5 spaces calculated at 1.25 spaces per 4 one- bedroom units. The Applicant will provide five parking spaces including one handicapped space. These parking 8  Page -9-April 3, 2023 spaces will be moved from the front of the building to 3 spaces on the west side of the driveway and one parking space plus the handicapped space on the east side of the driveway. The driveway leading into the property will be 22.5’ wide. The parking spaces are located no closer than 15’ away from the structure. New stone curbs will be installed for the driveway and a new driveway apron. New pavement will replace the existing asphalt in the parking area at the front of the structure. There will be pervious pavers placed along the parking area in front of the building and in the southwest corner of the site where the dumpster and recycling area will be located. Additionally, a 76-sf rain garden will be installed in the southeast corner adjacent to the driveway and Burd Street. The proposal also includes demolishing the existing retaining wall at the Burd Street and Piermont Avenue intersection. The wall would be rebuilt starting approximately 10’ from Burd Street and continuing along the length of Piermont Avenue. The wall would be a maximum height of 3’ with a 30” fence on top of the wall. The wall should include a stone façade on the exterior of the retaining wall. Five-foot-high wood slat fencing is indicated around the dumpster and recycling area which is in the front yard in the Village r-o-w. There will be 3’ gate for the dumpster and recycling and another 3’ gate for an adjacent AC condenser unit. The screening may need to specify additional landscape buffering from the street. Additionally, new concrete sidewalks will be installed along the subject property on Burd Street and Piermont Avenue. The Applicant is providing a 76-sf rain garden at the southeast corner of the site. The existing site does not contain a stormwater management system. The new stormwater management for the project provides for stormwater infiltration and consists of three cultec 330 XL units connected to a new catch basin on the site with a 4” pipe connection to catch basin in the street (4” pipe should be larger). Applicant has provided stormwater calculations. The Applicant will also be providing a total of 571 sf of pervious surface to the site which is more than the 541-sf minimum required. SEQRA Determination The Chair indicated that the proposed action is a Type II action under 617.5 ( c ) (3) “retrofit of an existing structure and its appurtenant areas to incorporate green infrastructure;” and 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 policies of the LWRP. Submitted Plans prepared and signed by Edward G. Swaby, RA for the Gisondi Family LTD Partnership, 42 Burd Street, Nyack, NY dated 4/10/19 and last revised 2/15/23 unless otherwise noted: A-0 Plot Plans dated 2/15/23. A-2 Elevations A-3 Zoning, Drainage & Building Code Analysis A-4 Construction Plans dated 2/28/19. A-5 Demolition Plan, Attic Plan dated 6/24/19. A-6 Power & Plumbing Plans A-7 Sections & Details last revised 6/24/19. A-9 Plumbing Diagram, Disabled Plan & Details 9  Page -10-April 3, 2023 The Chair asked the Village Planner if he had any comment. Mr. Galvin expressed the need for a Landscape Plan showing trees and plantings along Piermont Avenue and to specify plantings for rain garden. Garbage location was decided to be okay because there is room for pedestrians on the sidewalk. The Chair expressed the need for clarification on the shared garbage/recycling with the owner of 48 Burd Street. The Chair noted that there was no one from the public to comment. At that time, Jennifer Knarich made a motion to refer the application to the ZBA as well as hold open for review of current plans by the Village Engineer. Miguel Ortiz-Crane seconded this motion, and carried by a vote of 4-0. Administrative: Board of Trustees has requested a Planning Board review and recommendation for the following legislation for minimum off street parking requirements in the Downtown Zone (DMU-1) Village Board Resolution for Public Hearing RESOLVED that, in considering adoption of text amendments to Chapter 360 (Zoning) of the Code of the Village of Nyack, which amendments, in summary, are proposing to eliminate. minimum off street parking requirements for commercial uses in the DMU-1 zone, and reduce minimum off street parking requirements for residential uses resulting from the conversion of existing buildings from commercial to residential use or the expansion of existing buildings vertically for residential use, ....and refers the draft Local Law to the Planning Board for review and recommendation report back to the Village Board of Trustees. The Chair indicated that the following materials have been provided for background information. The following items have been provided:  Village Planner Memo  SEQRA Part 1 of the EAF  Draft Legislation Bob Galvin, the Village Planner, provided background on the proposal to eliminate public parking downtown for the Planning Board members. The discussion on downtown parking started six years ago and went nowhere. Last Fall, the Village Board once again asked to revive this idea. Dennis Michaels, the Village Attorney, gave detailed explanation of Adaptive Re-Use and its definition of converting from commercial to residential uses but not changing footprint of structure in DMU-1 10  Page -11-April 3, 2023 Zone. Parking requirements for first four residential units would be waived. Adaptive Reuse will have no environmental impacts when not changing footprint. The Planning Board discussed the legislative purpose and the details of the legislation. The Planning Board determined that they agreed with proposed Local Law on minimum parking requirements. The Board asked the Secretary, Mary Screene, to draft a memo to Village Board expressing this favorable recommendation and include that if there were significant substantive changes to this proposal legislation, that the Planning Board be given the opportunity to review these changes. The Chair made motion to provide a favorable recommendation to the Village Board on the proposed legislation as presented, seconded by Miguel Ortiz-Crane and carried by a Vote of 4-0. The Chair moved to adjourn meeting and seconded by Jennifer Knarich and carried by a Vote of 4-0. Meeting was adjourned at 8:45pm TO: Village of Nyack Board of Trustees FROM: Village of Nyack Planning Board CC: Village Attorney, Village Planner, Chief Building Inspector Re: Requested Recommendation from Village Board of Trustees In response to the Village Board of Trustee’s request for a recommendation regarding the proposed Local Law to amend Village Code Chapter 360 (Zoning), relating to the minimum accessory off-street parking requirements in the DMU-1 Zoning District, the Planning Board reviewed the proposed Local Law at our April 3, 2023 meeting. The Planning Board reviewed the legislative purpose and the details of the legislation with the Village Attorney and the Village Planner. After discussion, the Planning Board adopted the following resolution on April 3, 2023. Recommendation We, the Planning Board, recommend favorably that the Village Board of Trustees 11  Page -12-April 3, 2023 adopt the proposed Local Law version that the Planning Board reviewed on April 3, 2023, to amend Chapter 360 (Zoning) of the Code of the Village of Nyack regarding the minimum accessory off-street parking requirements in the DMU-1 Zoning District. The Planning Board requests that if any significant substantive changes are made by the Village Board of Trustees, then the Planning Board be offered the opportunity to review such changes. Sincerely, Village of Nyack Planning Board Mary Screene Secretary to Land Use Boards 12