Planning Board

Village of Nyack Planning Board May 1, 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 April 3, 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. Hearing none, The Chair made a motion to accept the Minutes as presented. This was seconded by Samuel Hart and passed with a vote of 3-0. 4 Waldron Avenue. Zeidlar Plaza (65.35-1-3). Continuation of Site Plan application for a single story addition. The Chair asked the applicant to present. Salah Foda introduced himself and stated that he is representing the owners of 4 Waldron Avenue. The Chair stated that Mr. Foda had addressed the Rockland County Planning Board comments in his plans dated 4/10/23 and that the Village Engineer’s report had also been received. Mr. Foda indicated that he was not in agreement with the sign setbacks since the sign is pre- existing. Bob Galvin stated that the application conforms with sign requirments. Dennis Michaels explained that a non-conforming sign would be allowed it they were not enlarging it. If they want to enlarge the sign, they will need to get an area variance.  Page -2-May 1, 2023 The Planning Board received a cover letter from the Applicant’s Engineer dated April 1, 2023 addressing items requested by the Planning Board and responding to the County’s GML comments. GML - Rockland County Planning provided GML response on March 30, 2023. NYSDOT responded on March 21, 2023 indicating that NYSDOT does not anticipate any substantial impacts to the State’s highway system and has no comments at this time. Rockland County Department of Health responded on March 21, 2023 reminding the Applicant that he needs to provide an application for RC review of mosquito control. The Town of Clarkstown, and the New York - New Jersey Trail Conference, and other agencies were provided with the GML Notice with no comments received. Applicant addressed Rockland County Planning GML comments:  Compliance with the Rockland County Sanitary Code, Article XIX, Mosquito Control.  Application sent to the RC Mosquito control.  Side Yard Variance – County indicates that a side yard variance should not be required based on the Village Code.  No variance needed from the ZBA.  Front Yard Variance – County indicates that the front yard of 73.5 feet is an existing feature. Village should determine if variance needed for the new addition.  No variance needed based on §360-1.9 ( E ) (Nonconforming Buildings)  Additional information on the proposed signage must be provided. As per Section 360-4.11, Freestanding pole signs can have a maximum area of 60 SF per face, must be set back a minimum of 15 feet from a property line.  Pylon Sign size is revised to be less than required area of 60 sq. ft., and 19”.11” height which is less than the maximum height of 25’. (See drawing A104.)  The bulk table indicates 31 parking spaces are proposed. The parking area depicted directly south of the existing building is labeled to have eight spaces but only shows seven standards spaces. Therefore, only 30 spaces are illustrated on the site plan. The number of spaces to be provided must be confirmed.  Existing parking spots revised to be 7 spots instead of 8 spots, and total spots is revised accordingly to become 30 spots instead of 31 spots > than the required 22 parking spaces. 2  Page -3-May 1, 2023  The Designated Street Line (DSL) must be indicated on the site plan.  Designated Street Line is shown on site plans C102-C104  The location of the northern property line depicted on the site plan differs significantly from tax map records maintained by the Rockland County Planning Department. As per the 2007 deed for the parcel, there is a 75-foot wide easement along the northern property line to allow for ingress and egress to/from the lot to the north. It appears this easement has been absorbed into the subject parcel on the site plan. The correct lot line and all easements must be shown on the maps.  The County states that there is an easement, but the Land surveyor cannot confirm the existence of an easement at this time and is still looking for evidence of such easement. The tentative 75’ easement along the northern boundary line would line up with the areas marked as wooded land on the site plan. This is an area that will be cleaned up of debris and otherwise not used.  Areas designated for snow removal must be clearly delineated on the site plan.  Proposed Snow storage area marked in the landscaped area adjacent to the main entrance to the site. (See drawing C103.)  A lighting plan shall be provided that shows fields of lllumination. This plan shall comply with Section 360-4.10 of the Village Code and must demonstrate that the intensity of the candle lumens is less than 0. 1 at the property line.  Applicant has provided exterior lighting plan prepared by Rab Lighting with photometric plan demonstrating that the intensity of the candle lumens is less than 0.1 at the property lines and averages less than 0.31 across the site pursuant to the Village Code.  A review must be completed by the Rockland County Office of Fire and Emergency Services, Village of Nyack fire inspector, or the Central Nyack Fire Department to ensure that the site is designed in a safe manner and there is sufficient access to, and maneuverability on, the site for emergency vehicles.  Applicant has provided a new drawing describing Proposed Truck Turnaround/Access Plan for the site. This includes fire response equipment for review by the Village Fire Inspector and Chief Building Inspector. The plan shows the turning maneuverability of the fire and emergency response vehicles within the site. (See drawing C102.1.) 3  Page -4-May 1, 2023  Prior to the start of construction or grading, all soil and erosion control measures must be in place for the site. These measures must meet the latest edition (November 2016) of the New York State Standards for Erosion and Sediment Control.  Applicant has provided Proposed Grading and Drainage Plan (drawing C103)and Proposed Erosion Control Plan (drawing C104). This has been provided to the Village Engineer for review.  Question 20 on the Short Environmental Assessment Form (SEAF) is answered incorrectly.  Environmental Form is replaced with new form , as requested. Question 20 now indicates that the site was previously used as a gas station. The underground oil tank has been removed and proof of remediation has been submitted. Project Applicant has provided additional information for the Planning Board. Landscaping – landscaping plan provided. It addresses the rear of the property and hillside. This rear buffer area should maintain the existing vegetation and clear all trash, debris, dead trees, and invasive species. Additional landscaping should be added with selected evergreens and deciduous trees such as “Red Oak” or similar. Fountain grass provided around the new building and in the landscape area in front of the parking along Waldron Avenue. Street trees (3 ½” caliper) – Two American Hornbeams have been added along the Waldron Avenue frontage. This is similar to the street trees planted in front of the nearby Chase Bank on Route 59. Lighting Plan – Provided exterior lighting plan. Photometric plan demonstrating that the intensity of the candle lumens is less than 0.1 at the property lines and averages 0.31 across the site pursuant to the Village Code. Refuse – Addressed - Applicant described refuse collection and provide a “Refuse Vehicle Turning Analysis” which shows the turning maneuverability of the refuse vehicle within the site. Proposed Snow Storage Area - Applicant has identified the location of the snow storage area on the site. This is included on drawing C103 in the landscaped area adjacent to the main entrance to the site. 4  Page -5-May 1, 2023 Submitted Plans prepared and signed by Jonathan Merheb, PE, JMER Engineering, PC for the Site Development Plans, Proposed Zeildar Plaza Addition, 4 Waldron Avenue, Nyack, New York 10960 4/10/23 unless otherwise noted: New plans have been highlighted in yellow. C100 – Cover Sheet – Zoning Data C101 - Existing Site/Demolition Plan C102 - Proposed Site Plan C102.1- Truck Turnaround/Access Site Plan - new C103- Proposed Site Grading Plan C104 - Proposed Site Erosion Control Plan C105- Proposed Site Details C106- Proposed landscape Plan - new A101- Existing Building Plan and Exterior Elevation A102- Proposed Construction Plans A103.1- Proposed Exterior Elevation with Walls Signs dated 12/5/22, revised 4/10/23 - new A104- Proposed Site dated 4/5/23 Lighting and Photometric Plan prepared by RAB Lighting – Lighting Layout, Version A, Zeildar Plaza dated 3/22/23. Summary  SEQRA closed out – Type II action.  GML comments addressed.  PB comments addressed.  Need Village Engineer review of stormwater management plan and Erosion Control Plan. As a condition of any approval, stormwater management agreement will need to be provided and signed by the applicant and the Village.  Need clarification on the easement mentioned at the rear of the site near the Municipal Housing and include Note: that applicant will maintain the existing vegetation in this area and clear all trash, debris, dead trees, and invasive species. Applicant should indicate whether any additional landscaping will be added in the area to the rear such as evergreens and deciduous trees such as “Red Oak” or similar. 5  Page -6-May 1, 2023 The Chair addressed Item #7 on Village Engineer’s Report and applicant agrees. In regards to item #8, Salah will add turnaround. He will also show #9. #10 and #11 are good. Bob Galvin when Planning Board approves, Stormwater Agreement should be drawn up between applicant and Village. Bob Galvin suggests applicant put trees on plan up top in wooded area – evergreens. Applicant asks about street trees. Bob says it’s appropriate as has been presented. For each 10 parking spaces, you need one tree. Applicant will add one more tree at entrance. The Chair polls the board about questions. There are none. Applicant asks for permission to go before Zoning. The Chair makes a motion to open to public comment. No public comment and no written comment. SEQRA closed out as Type II action. The Chair asks if applicant is willing to comply or has already complied with all County Planning GML comments. Public portion remains open until next meeting. The Chair makes motion to close meeting at 7:25. Seconded by Jennifer Knarich. 6