Planning Board

Village of Nyack Planning Board June 5, 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 (Alternate)- present Taylor Light (Alternate)- present Matthew Croussouloudis – 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. Miguel Ortiz-Crane is recusing himself from his own application at 27 Dickinson as well as the Art Café application at 65 S Broadway due to his friendship with that applicant. Other Business: The Chair stated that the Minutes for the May 1, 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 Peter Voletsky and passed with a vote of 5-0. 1. 20 Prospect Street. Dorian Tunell. Application for tree removal. The Chair asks who is representing the application. Dorian Tunell introduces himself as the owner of the property. He explains that he would like to remove 3 trees from his property. The one in front is dead. The two in back are a nuisance and losing large branches. Because of this, tenants cannot park in the driveway and he has lost 2 parking spots because of the trees, forcing tenants to park on street. The Chair asks Mr. Tunell if he is willing to plant additional trees if he takes these three trees down. He offers to plant two Creape Mrytle trees urtals in their place. Board agrees to Crape Murtals. They suggest planting in front – owner agrees – he will be doing more plantings. The Chair opens to public comment. Seconded by Jennifer Knarich.  Page -2-June 5, 2023 Erin Deward of 102 Hudson whose property abuts is asking for clarification on exactly which two trees in back are in question. She says the smaller of the two Catalpas are on her property. If it is removed her yard will have no shade. Says Catalpas are native to the area and is concerned about removing and replacing with non-native species and its effect on the bee population. Not concerned about corner tree, but is very concerned with one along fence. She will have no privacy. Discussion between Dennis Michaels and Board regarding pervue of the Board to base decision on criteria versus location of the tree. Dorian Tunell asks if tree is partially on neighbors property, can it be removed depending on how much of it is? Will the planting of new trees be acceptable to our bee population? The trees on the approved list are not necessarily native to Nyack, but are acceptable to the Village. He also states that he is required to provide parking for my tenants and they will not park in their spots with the tree there. Board is willing to approve the 28” tree and the front tree, but need to wait on the 12” Catalpa. Applicant states that he cannot split the application. It would cost too much to bring the tree company back for a second removal. He requests a continuation until the July meeting. The Chair states that public hearing will remain open until July meeting. Jennifer Knarich makes motion to hold over until July. Vote 5-0. Village Planner The Subject Property is in the TFR Zoning District. The residence is located on the north/west corner of Prospect Street and Hudson Avenue. The front of the residence faces Prospect Street. The residence has been vacant since 2013 and is marked with a Red Cross on the door. It appears that the house is being renovated and has new windows on the residence. The gravel driveway is located to the right side of the residence with access onto Prospect Street. The trees in question are all located along the north side of the driveway. There are two Catalpa trees at the end of the driveway, a Magnolia tree in the middle across from the house and a dead tree at the beginning of the driveway. Request is for a permit to remove the two Catalpa Trees (12” and 28” in size), and reduce the Magnolia by 10% and cut back from bug (can’t read the text on the permit request). Finally, 2  Page -3-June 5, 2023 remove the dead tree at the beginning of the driveway. This latter removal does not need a permit since arborist certifies that the tree is dead. Arborist’s letter from John Bolton of O’Sullivan Tree Care dated March 24, 2023, provides commentary on the two Catalpa trees. The arborist indicates that they shed bean-like seed pods that render the driveway unusable for the tenants. The seedpods drop on the cars in the driveway and present a hazard for people using the driveway. The Arborist recommended that removal is the best way to mitigate this situation. Recommendation – The property is being renovated and there are no trees on the south side of the property which is a very visible corner. The Planning Board should recommend that the Applicant provide several smaller trees (dogwood, cherry, or similar types) in this area to dress up the property as well as the corner. 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. 2. 197 North Midland Avenue. Tracy Tracey. Application for tree removal. Tracy and Adam Tracey introduce themselves as the owner of the property. They state that they have nuisance Black Walnut tree in rear yard growing into fence and foundation of garage. They would like to remove so that they can plant evergreens. The root system is huge. They have had conversations with their neighbor about the adjoining fence. They will accommodate her clothesline which is now attached to the tree. The Chair asked about their willingness to plant another tree in its place. Applicant states that the Tree Committee has planted a tree in front. They would prefer to replant arborvitae in back that they keep losing due to the Black Walnut. At this point they have lost 4-5. The Chair makes a motion to open to public comment and is seconded by Miguel Ortiz-Crane. Hearing no public comment, The Chair makes a motion to close and is seconded by Peter Voletsky. The Chair states that this is a Type II action consistent with LWRP. 3  Page -4-June 5, 2023 Peter Voletsky makes motion to approve application as presented and is seconded by Jennifer Knarich. Vote passed 5-0. Applicant will replace Black Walnut with 2 arborvitaes. Village Planner The Subject Property is in the TFR Zoning District. The residence is located on the east side of North Midland Avenue north of Nyack Hospital. The property is the third residence in from 5th Avenue. The residence is a smaller, well-maintained dark blue residence. The house’s driveway is situated to the south of the residence. There is a small shed in the southeast corner of the property which is painted dark blue to match the house. The front yard is very small with no room for additional plantings. Request is for a permit to remove the Black Walnut tree behind the shed in the southeast corner of the property. The arborist letter from Sam Bangs from Timberline Tree & Landscape dated May 9, 2023, discussed the Walnut tree. The tree’s root system has started to crack and lift the foundation of the shed and the trunk has started to grow through the rear fence with the adjacent property. When I viewed the subject tree, there were no visible leaves on the tree. Recommendation – The arborist in his letter recommended that the tree should be removed to prevent further damage. There is other foliage along the rear property line. The property has a small front yard with no opportunity to plant in the front area. 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. 3. 284 North Midland Avenue. Brian and Leslie Swift. Site Plan application for the addition of an enclosed rear porch. Adra Mounier from Lighthaus Architecture introduces herself as architect of the Swifts. She describes a 3 season room at rear of the house where deck is. Footprint is same on two sides and larger on one side – 308 sq ft larger in total. There will be screening and two doors. Rear setback is 36.8 feet and we have modified sideyard setbacks to comply with ARB conditions. The Chair asks Board if they have any questions. Hearing none, she makes motion to open to public comment. No comment. The Chair makes motion to close public comment and is 4  Page -5-June 5, 2023 seconded by Miguel Oritz-Crane. The Chair describes this project as a Type II action and is consistent with LWRP. Confirming that approval is for plans with most recent revision date of 4/30/23. Lighting will be required and will be addressed with Building Inspector review. Jennifer Knarich makes motion to approve application. Seconded by Peter Voletsky. Vote passed 5-0. Village Planner The subject property is located at the northwest corner of the intersection of North Midland Avenue and 6th Avenue. It is across from the Nyack Ambulance Service. The property is 0.23 acres in the TFR zone. The driveway for the residence is from North Midland Avenue to the garage under the residence. The rear yard which has an inground pool is completely fenced in. There are hedges along the side yard on the north side of the property. There is an existing deck at the rear of the residence which will be replaced with the proposed one-story screened-in porch. Applicant is requesting site plan review and approval for the construction of a one-story screened in enclosed three season room at the rear of the residence. The enclosed porch will be 660 sf (44’ x 15’). The room will replace the existing deck at the rear of the house. The Project is zoning compliant and received ARB approval on April 19, 2023. SEQRA – The proposed action is a Type II action under NYS DEC 617.5 (c) (11) “construction or expansion of a single-family, a two-family or a three-family residence on an approved lot…” and, therefore, no further SEQRA review is necessary. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP . policies. Recommendation – There does not appear to be any issues relative to site plan approval. 4. 27 Dickinson Avenue. Miguel Ortiz-Crane. Application for deck expansion. Jackie Urra of U Architecture introduced herself as architect for the applicant. States owner wants to expand existing deck to be able to use both doors on rear of house – only one currently leads to deck. There will be no change to existing non-conformity. There are no zoning issues because they are not increasing the degree of non-conformity. 5  Page -6-June 5, 2023 The Chair makes a motion to open to public comment. No comment. The Chair makes a motion to close public comment and is seconded by Peter Voletsky. The Chair states that this application is a Type II action, consistent with LWRP. Jennifer Knarich makes a motion to approve rear deck applications with plans dated 3/24/23. Peter Voletsky seconds this motion. Vote passed 4-0. Village Planner The subject property is located on the south side of Dickinson Avenue, 70’ to the north of the intersection of Dickinson Avenue and Bache Street. The property is 0.22 acres or 9,477 sf in the SFR-2 zone. The lot width is 75’ with a 54’ rear yard setback. There is an existing 239 sf existing deck with canopy covering at the rear of the single-story residence. Applicant is requesting site plan review and approval to remove the existing rear deck and replace with a new and larger uncovered deck at the rear of the residence. The Zoning Table shows that there is no change to existing non-conforming side lot setbacks and no change to livable floor area. The residence’s floor area will remain 1,440-sf. The proposed deck will be 450 sf. The existing deck is 239-sf. There are no zoning variances required for the project. The ARB approved the Project on April 19, 2023. SEQRA – The proposed action is a Type II action under NYS DEC 617.5 (c) (11) “construction or expansion of a single-family, a two-family or a three-family residence on an approved lot…” and, therefore, no further SEQRA review is necessary. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP . policies. Recommendation – There does not appear to be any issues relative to site plan approval. 5. 65 South Broadway. Art Café. Application to add retractable awning over previously approved pergola. Daniel Kramer introduces himself as the owner of Art Café. He states that the Planning Board graciously approved the existing pergola which was desperately needed due to Covid. Our outside space has become difficult during rain and bad weather. We would like to add an 6  Page -7-June 5, 2023 awning to allow us to continue using our outside space and garden during rain. Summer is our season of thriving. The Chair states that she was always against covering the pergola. She asks about the fans. Applicant states that they are still there and will remain. The Chair asks the Board about any questions for applicant. The Chair opens for public comment and is seconded by Jennifer Knarich. No comments. The Chair closes public comment is seconded by Peter Voletsky. Bob Galvin mentions conditions in ARB Minutes and Laura Rothschild would like the ARB Minutes to be included. Please see below: Board discussion: Applicant seeking to add 3 new awnings covering top of new pergola previously approved by ARB. Center awning over walkway to be fixed, 2 on side covering seating area to be retractable. Some board members feel awnings will close in space, and make it too enclosed, in essence greatly expanding the closed in area of the building. Pergola as is should provide sufficient shade. Awnings not intended to be unfurled during foul weather or in the winter. Public Comment: None Opened on motion by member Healey, 2nd member Steinhorst. Closed on motion by member Healey, 2nd member O’Neill. Approved by vote 5-0 Conclusion: Conditional approval granted with objection; allowing retractable side awnings with condition that center awning also be changed to retractable. Motion passes by vote of 3-2 Motion by member Healey, 2nd by member Steinhorst. Approved by 3-2 vote. The Chair states that this application is a Type II action, consistent with LWRP. 7  Page -8-June 5, 2023 Planning Board discussion: Peter Voletsky states that Art Café is an important business in Nyack. Laura Rothschild states that all businesses in Nyack are important. She wants to confirm that awning completely retracts back into casing. Jennifer Knarich wants clarification that this will just be used in the event of rain – not for sun. Applicant states that they have umbrellas on wheels to provide shade from sun. Mr. Kramer says their interest is to really have it remain in. Peter Voletsky asks about the possibility of opening only half way to allow for light and ventilation. Owner states that the mechanism would need to be in middle and that would not work. Peter Voletsky makes a motion to approve site plan application as presented subject to the imposition of the following conditions: All awnings must be retractable and only to be extended open for the comfort of the outside diners to shield from precipitation and only during the months of March-December. This motion was seconded by Taylor Light. Passed with Vote of 3-2. Taylor Light – yes Peter Voletsky – yes Jennifer Knarich – yes Laura Rothschild – no Sam Hart – no At this point, an administrative action was taken regarding the ZBA’s request for a recommendation with respect to two variances applied for by the 4 Waldron Avenue application. After lengthy discussion, the Planning Board voted to issue a memo giving a favorable recommendation for the two area variances – one for front and side yard setbacks and the other for property line setbacks for a freestanding sign. The Chair makes a motion to adjourn the meeting at 8:37 pm. Seconded by Jennifer Knarich. 8