Planning Board

Village of Nyack Planning Board July 10, 2023 Members Present: Also Present: Laura Rothschild - Chair Dennis M. Michaels, Esq. Village Attorney Matthew Croussouloudis - present Manny Carmona - Building Department Miguel Ortiz-Crane - present Bob Galvin—Village Planner Jennifer Knarich -present Taylor Light (Alternate)- present Peter Voletsky – absent Samuel Hart (Alternate)- 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. None mentioned. Peter Voletsky is absent and Taylor Light is taking his place. Other Business: The Chair stated that the Minutes for the June 5, 2023, meeting was 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 Jennifer Knarich and passed with a vote of 5-0. The first application on the agenda was not present at the start of the meeting, so the Chair decided to move forward and change the order of the agenda and see if someone from 20 Prospect shows up later. 1. 4 Waldron Avenue. Zeildar Plaza. Continuation of Site Plan application for a single-story addition. Salah Foda, Architect with JMER Engineering is representing application. The Chair asked him to give a rundown of revisions. Mr. Foda described landscaping updates with 10 evergreens along the rear property line at the top of the hill bordering on the Nyack Municipal Housing property. Three Hornbeam Street trees are proposed to be planted in front along Waldron Avenue. It was also discussed that owner will maintain existing vegetation on the hill side. The Chair asked about item #7 on the Engineer’s Report regarding door opening into handicapped accessible area. Salah Foda stated that all the items on the plans have been addressed. He also stated that there will be two EV charging stations in the rear parking spaces and shown on the plans. There will be two snow storage areas with a total of four parking spaces impacted. There will be no required parking spaces impacted. The Chair asked about signage and it was discussed that applicant is returning  Page -2-June 5, 2023 to ZBA for variance for pylon sign. When asked about cars and trucks that rent spaces up there, Salah Foda stated that vehicles that are renting spots now will be gone once construction starts. Mr. Galvin suggested putting in a condition that the 30 existing parking spaces will be for the use of employees and patrons only. Manny Carmona states that this will fall to Code Enforcement which will go by the approved Site Plan. There will be 3 new stores in addition to the 3 existing, totaling 6. The Chair asked the Board if they had any comments. Hearing none, she made a motion to close. This was seconded by Miguel Ortiz-Crane. The Chair then asked if anyone had any comments or changes to the Resolution as drafted by the Village Planner and revised by Village Attorney. No comments made. Jennifer Knarich makes motion to accept the resolution as drafted by the Village Planner and is seconded by Miguel Ortiz-Crane. Vote passed 5-0 by Rothschild, Knarich, Ortiz-Crane, Croussouloudis and Light. Village Planner Memorandum Draft resolution was prepared for the review and consideration of the Planning Board. The subject property is located on the west side of Waldron Avenue in the CC (Commercial Corridor) zone. The property is occupied by a 2,400-sf one story retail building with three tenants (Food Mart, barbershop and a small restaurant). The subject property is 39,982 sf (0.92 acres) and is located 250’ from the intersection of Waldron Avenue and Rte. 59. The Project will not expand the building toward the street instead the expansion will fill in the donut in the existing building. The front façade will be increased by 36” to make the building roof and equipment invisible from street traffic. A stormwater management system and drainage improvements including a new catch basin will be installed with nine (9) cultec chambers providing stormwater management infiltration on the site. Applicant’s Engineer has provided an erosion control plan (drawing C 104). There are 17 existing parking spaces on the property in front of the stores and along Waldron Avenue frontage. There are 22 spaces required for the new expanded building (5,555 sf) and 30 spaces being provided in the expanded parking lot and at the front of the stores. 2  Page -3-June 5, 2023 Revisions Applicant has revised his plans in response to comments from the Planning Board and Rockland County Planning. The Designated Street Line is now shown on site plans. Two proposed snow storage areas are clearly marked in the landscaped area adjacent to the main entrance to the site. A total of 4 parking spaces would be impacted. Required parking spots nor proposed landscaping would not be affected during snow storage events. In response to the Rockland County Planning GML recommendations, the Applicant is now undertaking sustainability improvements for the Project. The Applicant is planning to install solar panels for the existing 1,700 sf portion of the flat roof of the building. This covers approximately 30 percent of the total proposed Project for the Grocery Mart. Additionally, the owner will install two EV charging stations in the rear parking spots. Landscape Plan has been provided addressesing the rear of the property and hillside. Plans now show a row of ten evergreen trees (Eastern Red Cedar) along the property line with the Nyack Municipal Authority property. Total of three (3) Hornbeam Street Trees (two are American Hornbeam and one is a Japanese Hornbeam) are being provided along the Waldron Avenue frontage. Lighting layout and photometric model prepared by RAB Lighting. This plan demonstrates that the intensity of the candle lumens is less than 0.1 at the property lines and averages 0.31 across the site. This is in compliance with §360-4.10 of the Village Code. New drawing describing Proposed Truck Turnaround/Access Plan. The waste truck turnaround/access plan was revised to include the turnaround for delivery trucks and show access through the entire site from the curb cut on Waldron Avenue. The loading and delivery trucks will be staged for deliveries at the rear of the building. The truck turnaround plan includes fire response equipment which was reviewed by the Village Fire Inspector and Chief Building Inspector. Applicant has provided stormwater plans to the Rockland County Department of Health which has approved the plans in a letter dated May 22, 2023. 2. 42 Burd Street. Gisondi Properties Continuation of Site Plan application for an addition and the conversion from an office building to a 4-unit residential building. Ed Swaby, Architect, introduces himself as representing the application for 42 Burd Street. He states that they are looking to convert the building to 4 residential units with 5 parking 3  Page -4-June 5, 2023 spaces. The conversation began with Mr. Swaby addressing some issues raised by the Village Engineer. Mr. Swaby indicated that the walls are less than 4 feet and do not require a Structural Engineer’s review. He asked for clarification on some of the ADA numbers that the Village Engineer put in her report. Manny Carmona was able to reach the Village Engineer by phone. Eve Mancuso, the Village Engineer, stated that ADA ramp maximum grade is 7.5% by design standards. Grade for level landing should be 1.5%. Engineer advises that the alternate plan that Mr. Swaby presented is beneficial as it is closer to compliance. Ed Swaby wants to know whose standard this is and who wrote it. Village Engineer stated that ADA standards are a Federal Code and she does not know who wrote it. Mr. Swaby then wanted to discuss the parking lot and wanted to know who created the 6% standard. Village Engineer stated that it is an Industry parking standard and represents good engineering design practice. Again, she stated that the alternative plan developed by Mr. Swaby is a much- improved plan. The alternative plan allows for better ADA grading for accessibility. The Chair asked about sight lines. Mr. Swaby stated that he does not know anything about sight lines and asked the Building Inspector for guidance. Manny states that he cannot design the plan for the applicant. The Chair suggested hiring an Engineer to address these issues. Mr. Swaby stated the he has already hired one. Jennifer Knarich stated that most of the remaining outstanding items are Engineering issues. A perc test will be performed after the issuance of a building permit. At this time, Manny Carmona wished to add to the public record for the Planning Board and ZBA to make them aware of the fact that the building at 42 Burd Street encroaches on the neighboring property line by 6 inches. The Chair wanted a concrete resolution about the garbage situation with next door neighbor on Burd Street. Board will need a mutual agreement in writing. The Chair states that the Public Hearing on this application will remain open until the Tuesday, September 12th meeting at 7:00 pm in Nyack Village Hall. 4  Page -5-June 5, 2023 Village Planner Memorandum The ZBA approved the required variances for this application on 4/24/23. Conditioned on the following: a) All requirements of the Village Engineer not already complied with shall be satisfied. b) In relation to the pre-existing 6-inch overhang on the east side of the site, the Applicant agrees to consult with the Building Department to arrive at a compromise solution satisfactory to the Building Department. No building permit shall be issued until this is resolved. Discussion with Manny – recommending variance from the NYSDOS. ARB approved the application conditionally on 12/21/22. Applicant will go back to the ARB after the ZBA. Applicant has provided a set of plans with alternate layout and another set with the original design including re-grading. The Alternate Plan provides grading that complies with ADA regulations, and preferred parking lot grading to the greatest extent possible based upon existing site conditions. (preferred) NEW Review by Village Engineer dated July 9, 2023: The following items need to be addressed by the Applicant with the Building Inspector and the Village Engineer. 1) 1. A complete re-submission of plans shall be made to enable a complete review; numerous sheets are missing. 2) 2. A current Boundary and Topographic Survey, signed and stamped by a PLS, as noted in my March review letter remains to be submitted. 5  Page -6-June 5, 2023 3) 3. The Bulk Zoning Table is not shown on the plan re-submission thus we are unable to offer any comments. 4) The height of the proposed walls, with top of wall, bottom of wall elevations shall be provided. Still needed 5) 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. Still needed 6) The plans note concrete sidewalk and driveway is to be replaced along the full property frontage. The limits of concrete curb and sidewalk replacement shall be clearly shown. A proposed ADA ramp is shown on the plan. A DWS shall be provided. Details of the ramp shall be provided. Still needed 7) Utilities are partially shown; material and slope remain to be shown. Required separation distances between sewer and water shall be maintained. Clean-outs shall be shown for the sanitary sewer connection. Shall be installed according to O&R specifications. Still Needed 8) Roof leader connections have been shown connecting to a proposed catch basin, if it is the intent to construct a cultic system, it would be more appropriate to connect the roof leaders to this system. 9) Drainage calculations shall be submitted for the design of the Cultec Unit. The calculations shall be consistent with the requirements as noted in the NYS Stormwater Design Manual, Chapter 9 Redevelopment Activity. The location of the cultic units have been shown on 6  Page -7-June 5, 2023 the plans; the number of units shall be confirmed as they appear excessive for this size redevelopment site. The observation port and clean out port shall be shown. Still needed 10) Perc test to be provided to Building Department and Village Engineer at start of project and drainage calculations need to be made. (Perc test can be condition of approval prior to issuance of a building permit.) Still Need on the plans. 11) A 4-inch diameter drain from an open storm water conveyance system is too small as it is subject to easily clogging with debris. The minimum stormwater conveyance system pipe is preferred to be 12- inch diameter. Still Needed to be addressed on the plans. Stormwater Agreement is required as condition of approval. (Stormwater Agreement is typically a Condition of approval.) 12) 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. 13) Some foundation planting areas have been provided in addition to the rain gardens. A planting schedule shall be added to the plans. Planting Schedule Still Needed to be added to the plans. 14) 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. (Can be condition of approval ) 15) We recommend foundation plantings be considered east and west of the proposed patios in lieu of pervious pavers. Village Engineer needs to approve. 7  Page -8-June 5, 2023 16) The plan has been amended to show only the trash and recycling in the front yard. The AC units are no longer shown on the plan. Access to the trash and recycling remains from the public sidewalk. The fence height variance to effectively screen the trash and recycling containers within the enclosure has been granted by the ZBA. Addressed 17) The trash/recycling enclosure design should be architecturally consistent with the proposed structure. Applicant will make it architecturally consistent with structure. A detail should be provided on the plans. 18) Proposed lighting has been shown. There appears to be multiple labels that are unclear. There is a 40W LED post light, 12 ft mounting height, 100 watt LED Lantern on 8 ft post, floodlights, sconce over door and linear lights. Details of each shall be shown and the locations specifically noted on the plan. 19) Proposed mailboxes and signage shall be shown. Still needed 20) The notes on the plan shall be updated to reflect the correct drawing reference to the details. 21) The concrete curb reveal along Piermont Avenue and Burd Street shall be 6 inch, with a 6 inch base, 2 inch binder and 2 inch top course pavement section. The height of the on-site stone curb shall be clarified – the detail reflects 2 inch height and the plan note reflects 4 inch height. New Comment 22) The location of the fire hydrant shall be confirmed to ensure it does not conflict with the proposed plan. New Comment 23) A separate Erosion Control Plan with all required notes shall be provided New Comment 3. 20 Prospect Street. Dorian Tunell. Continuation of application for tree removal. Dorian Tunell, property owner, is present to represent application. He stated that since the last appearance he has had a conversation with the neighbor who opposed the removal of 1 of the 3 trees he applied to have taken down. He has agreed to not remove the Catalpa tree in question and only trim it back on his side of property. He still wants to 8  Page -9-June 5, 2023 remove the other 24” Catalpa and the 14” dead Maple tree in the front. In addition, he would like to now remove the 30” Sumac that is covered in vines. Ms. Erin Deward, the neighbor in question asked to speak. She said that she had a conversation with Mr. and Mrs. Tunell about the situation. She asked them to put the decided proposal in writing. After several requests for this and not receiving an agreement in writing, she ordered a staked survey to be done on her property to determine exact location of the tree. At the time of the meeting, the survey had not yet been done. She stated that if the trees are on the 20 Prospect Street property, they can do whatever they want with them. If trees are partially on her property, the trees may only be trimmed on the Tunell’s side. The Chair polled the Board for comments. There were no comments. Applicant wished to proceed with what is presented in 6/28/23 letter from O’Sullivan Tree Care to remove 24” Catalpa, 14” dead Maple and Sumac tree covered in vines. The location plan showing these trees are drawn on bottom of the Arborist’s proposed scope of work. Dennis Michaels, Village Attorney, referred to location plan and confirmed with applicant that the following are being removed: #4 – 24” Catalpa with cavity, #5 – 30” Sumac and #7 – 14” dead Maple. The Chair made a motion to close public comment, seconded by Miguel Ortiz-Crane. The Chair made a motion to close the public hearing, seconded by Miguel Ortiz-Crane. Taylor Light made a motion to approve the application conditional on the recommendation of the Village Planner that the applicant plant several small trees such as Dogwoods, Crape Myrtles on either North or South Side of property. Miguel Ortiz-Crane seconded the motion. Vote passed 5-0. Village Planner Memorandum This is a continuation of an application to remove three trees on the subject property at 20 Prospect Street. The arborist for the Tree Company (O’Sullivan Tree Care) re-visited the site and described the issues with three of the trees located on the north side of the Applicant’s gravel driveway in a report dated June 28, 2023. 9  Page -10-June 5, 2023 The gravel driveway is located to the right side of the residence with access onto Prospect Street. There is a 24” Catalpa Tree at the end of the driveway, a 30” Sumac Tree in the middle across from the house and a 14” dead Maple Tree at the beginning of the driveway. Request is for a permit to remove the 24” Catapla which has a very large hollow in the trunk, remove the 30” Sumac Tree which is completely engulfed in vines and is regularly dropping dead wood in the parking area on the driveway, and remove the 14” Maple Tree located to the right of the driveway which the arborist certifies is a dead tree. Arborist’s letter from John Bolton of O’Sullivan Tree Care dated June 28, 2023, recommends removal as the best way to mitigate this situation due to the multiple targets and high occupancy nearby. The arborist has provided a list of other work to be done for other trees on the site using cutting back and selective removal of limbs. This work includes: 1) removal of 8” lead from Catalpa Tree; 2) cut back Mulberry Tree; 3) cut back 12” Catalpa tree; 6) reduce Magnolia Tree by 20 percent. 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, Crepe Myrtles) 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. The Chair made a motion to adjourn the meeting at 8:37 pm. Seconded by Jennifer Knarich and passed with a vote of 5-0. 10