Planning Board

Village of Nyack Planning Board September 8, 2023 Members Present: Also Present:_______________________ Laura Rothschild - Chair present Dennis M. Michaels, Esq. Village Attorney Peter Voletsky – present Manny Carmona – Building Department Samuel Hart (Alternate) - present Bob Galvin – Village Planner Matthew Croussouloudis - absent Miguel Ortiz-Crane - absent Jennifer Knarich -absent Taylor Light (Alternate)- absent COVID-19 PANDEMIC STATUS~ IN PERSON. Meeting opened by the Chair at 7:05 pm. Conflict Check: The Chair polled the members of the Board regarding the issue of possible conflicts of interest regarding the application. None mentioned. Other Business: The Chair stated that the Minutes for the July 10, 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 Samuel Hart and passed with a vote of 3-0. 1. 178 North Franklin Street. Arthur Finkelman. Application for a tree removal. This application is being represented by Deirdre MacCallan, Daughter-In-Law of the owner. She states that the property is a small lot with 25 trees, 5 of which are dead. The applicant is very concerned about the danger. The Arborist letter confirms this. The Chair asks if there is anyone from the public that would like to speak. Hearing from no one, the Chair makes a motion to close the public hearing and indicated that this is a Type II action, consistent with LWRP. The Chair then makes a motion to accept the application as presented. This is seconded by Sam Hart. Passed with vote of 3-0. Village Planner This is an application to remove 5 trees on the subject property at 178 North Franklin Street. The certified arborist for the Tree Company (Perfect Cut Tree) James Michael Dillon has a report dated 7/25/23. The report indicated that all of the five Ash trees are completely dead. There is a tree located behind the residence on Tillon Lane with the other four 4 trees located on the right side and left side of the 2-car garage at the entrance from North Franklin Street. The size of the trees are all above 18” with the following sizes for each tree: 18”, 24”, 26”, 30”  Page -2-June 5, 2023 and 48”. There will still be 20 trees on the property once the five dead trees are removed. The subject property is 0.46 acres with 95’ frontage on North Franklin Street and a depth of 220’. 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. 35 South Broadway. Rockland County YMCA. Application for tree removal. No one showed up to represent this application. The Board is holding this open until the next meeting on Monday, October 2 at 7:00 pm. Village Planner This is an application to remove an invasive tree in the parking lot behind the YMCA. Access to the parking lot is off of Remsen Avenue. The YMCA would like to remove the tree to create space for a teen run garden behind the YMCA building. The certified arborist for the Tree Company (Perfect Cut Tree) James Mullen provided a report dated 6/9/23. The tree to be removed is a Maple/Acer DBH 17.10 inches. The tree has girdling roots with large cavity with decay at 10 feet. The tree has a codominant union with included bark and is recommended to be removed. 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. 251 North Midland Avenue. Nyack Community Ambulance. Application for tree removal. The Applicant notified Board of illness and asked to be adjourned. Application is being continued to the next Planning Board meeting on Monday, October 2nd at 7:00 pm. Village Planner This is an application by the William McDowell, President of the Nyack Community Ambulance Corp to remove a Mulberry tree behind the Ambulance building. The location is on the east side of the building, 150’ from the intersection of Sixth Avenue and Midland Avenue (note Tree # 3 on map). The certified arborist for O’Sullivan Tree Care (Bill O’Shea) provided a report dated 8/2/23. The arborist indicated in his report that the Mulberry tree had previously been topped with the growth coming out of the rotted area of the tree. The arborist recommended removing the tree in order to mitigate this situation as the Mulberry Tree has multiple targets including ambulance building. The work on the property also included pruning two trees on 2  Page -3-June 5, 2023 either side of the driveway along North Midland Avenue. This work did not require a tree permit from the Building Department. The work included pruning of the outside branches of the Tupelo tree (see Tree #1) and cutting bottom branches of the Weeping Cheery Tree (see Tree #2) so that the trucks do not hit the tree and provide more ambulance clearance. All of these trees are marked on the sketch map provided with the application. 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. 4. 189 North Midland Avenue. Jennifer Davenport. Application for tree removal. This application is being presented by the owner, Jennifer Davenport. This application is for 3 trees. The first is a Silver Maple located on the Fifth Avenue side of the property. According to the Nyack Tree Committee, it is not appropriate for the property. The tree’s removal will also optimize the productivity of the solar panels. If permitted, this tree will be replaced by a Japanese Lilac on the median. In addition, there are 2 Norway Maple trees located in the back left corner of the property. They are entangled in the electrical wires and uprooting the sidewalk. They are dying and are also invasive trees posing a potential hazard. If permitted, these trees will be replaced by 1 October Glory and 1 Weeping Cherry. The Chair asks if there is anyone from the public who wishes to speak. Hearing none, the Chair makes a motion to close the public hearing. The Chair indicated that this is a Type II action, consistent with LWRP. The Chair then makes a motion to accept the application with the condition that a letter is provided from the Nyack Tree Committee with their recommendations as well as the replacement trees that will be planted. This motion is seconded by Samuel Hart. Approved with condition with 3-0 Vote. Village Planner This is an application by the owner, Ms. Jennifer Davenport, requesting to remove two Norway Maple trees on 5th Avenue to provide more light for solar panels. The subject property is located on the east side of North Midland Avenue approximately 50’ from the intersection of 5th Avenue and North Midland Avenue. The homeowner has indicated that she will replace the Silver Maple tree with a new native tree in a slightly different location on the median that will not interfere with wires of the solar panels. The certified arborist is Timberline Tree & Landscaping (Sam Bangs). He provided a report dated 7/31/23 recommending the removal of the two Norway Maple trees which are invasive species located in the back left corner of the 3  Page -4-June 5, 2023 property. Both trees exhibit severe canopy dieback and have suffered from the failure of significant leaders in the past, posing potential safety hazards. The report also recommended removing the silver maple located on the right-hand side of the house along 5th Avenue. The reason for this removal is to optimize the productivity of the recently installed solar panels. By eliminating the shade cast by the Silver Maple, the solar panels will receive maximum sunlight exposure, significantly enhancing the efficiency and energy generation of the solar panels. Neither of the two Norway Maple trees are significant trees since they are recognized as invasive trees in NYS. There is a tree permit required only for the Silver Maple tree. Recommendation – Planning Board approval of Tree Permit subject to replacement of Silver Maple tree with a new native tree in a slightly different location on the median that will not interfere with wires of the solar panels. Applicant shall plant 2 ½ caliper tree from list of Village approved trees. 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. 5. 160 North Midland Avenue. Montefiore Nyack Hospital. Application for tree removal at Hospital Parking Lot on Rt 9W. This application is being represented by Jeff Lambert of Wickes Arborists. Applicant is requesting removal permit for 8 trees in total. The arborist indicated that these trees are in bad condition and cause a potential risk to people and cars. The trees are marked on location plan provided by arborist. One tree is in upper level of parking lot, two are in middle section and five are located along the north side of the lot. These trees are invasive and attract Spotted Lantern Flies. Plan is to replace with Sugar Maple trees or Red Maples. The Applicant requested if it can be 7 replacements. The Planning Board indicated that the answer was no. The Board wants 1 for 1 replacements of the trees with a size of at least 3” caliper. . The Chair opens the application up to public comment. Dr. Brian Muni, resident and Board Member of Village Gateway is very concerned. A significant amount of brush and shrubbery has been removed abutting several backyards at Village Gateway. 4  Page -5-June 5, 2023 Sean McNeer of 23 Village Gateway is very concerned and wants to see a location plan of trees to be removed. He states that this area is very unsightly and he has erosion concerns. He brought pictures of garbage and heavy equipment being stored which is visible to residents. Also lots of noise early mornings on snow days. Peter Voletsky asked Jeff Lambert, the arborist about any work done at this site in the past year. Jeff stated that he cleaned up shrubbery and pruned back trees. Bob Galvin suggests a Forestry Plan for the whole site. Jeff Lambert states that he was hired to handle risk issues, not to create a Forestry Plan – everything he has done has been for safety reasons. Melissa Simon of 13 Village Gateway says that she is a proud and grateful resident of Nyack. She wants to know what the difference is between tree removal and I took out some trees? Older trees provide much more than new saplings. More notice should be given to Village Gateway residents. Wants to have plan for Eco System at the Hospital. Jonas Gelb, Village Gateway Board Member, states he has used Ira Wickes in the past. Village Gateway is most affected by this application – asking for postponement on decision of this application. Joan Golden, 22 Village Gateway is a new resident – her deck abuts where they have equipment stored. She gets awakened at 4:30am on snow days with snowplows. Oak trees provide screening. She is looking at garbage. Screening needs to be done on Hospital property. Elyse Michaels of 19 Village Gateway – is at the end. All water that comes down Village Gateway comes into her driveway. Concerned that it is getting worse and now more trees coming down. Asks if salt and machines can be stored in south side of property to alleviate some of these problems. Samuel Hart has question for Dennis Michaels. Can we put in a condition that salt and equipment be relocated? Dennis Michaels says that would be a stretch. It is not a new site development plan. The salt might be more of a possibility if it is causing issues for the trees. The resident of 20 Village Gateway is concerned about Global Warming. Trees provide oxygen. Shouldn’t be taken down to provide parking spaces. Children live there. Police sit there with their engines running. Trees are protecting us. Please think deeply about this. Jeff Lambert states that trees are not being removed to provide parking. The Chair asks the Board if members had any comments? Peter Voletsky would like to adjourn and ask Montefiore Nyack Hospital to come back in October and present additional photos showing better visuals of trees being removed. 5  Page -6-June 5, 2023 Manny Carmona suggests a site visit. The Chair wants to see site plan for Hospital and Village Gateway. Asks Board Secretary to send email to Montefiore asking a representative to come to next meeting. Rudy Sampath asks about noise ordinance. Application regarding 160 N Midland Avenue tree removal is continued to the next meeting to be held on October 2nd at 7:00 pm. Village Planner This is an application by Montefiore Nyack Hospital requesting to remove 8 trees in the Employee Parking Lot on the west side of Rte. 9W, approximately 100’ from the intersection of 5th Avenue and North Midland Avenue. The certified arborist is Wicks Arborists/a Davey Company (Jefferey Lambert, Jr.). He provided a report dated 8/14/23 which detailed the intolerable risk these 8 trees present to the client's liability, life, and property and are the basis for removal of the trees. The locations of the 8 trees are marked on the sketch map provided with the application. Two trees (Oak and Tulip are situated in the upper level of the parking lot; the Maple is in the middle of the lot and the remaining 5 trees are located along the north side of the lot. Following are the specific issues with each tree:  1 Oak-36" DBH-Uprooted, leaning on an adjacent tree, high risk to equipment, pedestrians, and cars, removal is the best way to mitigate the risk at this point.  2. Tulip-36" DBH-Trunk defects, history of failure, high risk to pedestrians and cars, removal is the best way to mitigate the risk at this point.  3. Maple-24" DBH-Dying, tree in poor condition, high risk to pedestrians and cars, removal is the best way to mitigate the risk at this point.  4 - 8. Ailanthus-12" DBH-(5) - lnvasive species trees creating stress on native plants and grass in the landscape, trees growing towards the sun over the parking lot, high risk to cars and pedestrians, removal is the best way to mitigate the risk at this point. Recommendation- Applicant proposes to replace trees in their place. All work will be performed to ANSI A300 and Z1331.1 standards and local laws/regulations. Applicant shall plant at least 3” caliper trees and use same or similar species that are being removed. SEQRA – The proposed action is a Type II action. 6  Page -7-June 5, 2023 LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. 6. 107-109 High Avenue. Nyack Mews Condominiums. Application for tree removal. This application is being represented by Adam Beirlein, Manager of the property. He describes the three trees in question as being in poor condition with cavities in trunk and fungal infection and damage from wood boring insects. Taylor Drake of 123 High Avenue states that tree from this property fell on his property. There are more trees just like that. He is in full support of this application. Alan Jackson stated that Ian Jack has made some recommendations for re-plantings. Bob Galvin suggests tree plan be provided to Manny as part of the permit. Chair asked if there were other public comments. Hearing none, the Chair closed the public hearing. She then asked if there were any comments from members of the Board. Samuel Hart makes a motion to approve this application based on arborist recommendation. This is Type II action and consistent with LWRP. It would be contingent on applicant providing tree planting plan to Building Department for the two trees at 109 and one at 107. Peter Voletsky seconds this motion. Vote passed 3-0. Village Planner This is an application by Tappan Zee Property Management, the agent for Nyack Mews Condominimum at 107 – 109 High Avenue requesting to remove three trees on the subject property. The subject property is on south west corner of High Avenue and North Franklin Street. The certified arborist is Apple Tree Nyack LLC (Ian Jack is the arborist). The arborist was retained following a tree failure at Nyack Mews on June 4th, 2023, to inspect the remaining trees on the property. They were audited and given level 1 one inspections on June 30th, and risk assessments over the period up to July 30th. His report provided with this application details his findings that three trees need to be removed as a matter of urgency. He has provided photographs detailing the conditions of the three trees recommended for removal. Two of the three trees are invasive Norway Maple trees, marked 1S and 2S, on the western 7  Page -8-June 5, 2023 boundary of Nyack Mews, adjacent to #123 High Avenue.  Tree #1 at the public sidewalk shows a series of cavities in the trunk.  Tree #2 has extensive fungal infection on its western side, overhanging the adjacent property.  Given the poor condition of the trees and their proximity to the neighboring property, they should be removed immediately. Leaving them in-situ risks both property damage and injury  The third tree is a Callery Pear outside 107 High Avenue (marked 1 F). It has suffered extensive mechanical damage from limb loss and exhibits advanced infestation by wood boring insects. The tree’s ornamental structure, combined with its exposure to the prevailing wind, and its proximity to an electrical mains supply renders it high risk in this condition. It should be removed.  (See photographs of the conditions of the three trees in the report) Recommendation- 109 High Street - To redress the removal of the trees on the western boundary, the area could be planted primarily with natives growing to a maximum height of 50 feet or less in maturity, underplanted with a native understory of a mature height to 25 feet height or less. Species selection using this height stipulation will ensure the trees present as little risk as possible in maturity, if properly spaced in planting, and produce a green wall of shade to help keep ambient temperatures down. In addition, the exposed aspect of the site means future tree heath would be improved if drought tolerant species are selected. Suitable primary species would include Common Hackberry, 'Autumn Flame' Red Maple, and Overcup Oak, with Oklahoma Redbud as a recommended understory. Alternatively, a screen of American Holly or Easter Redcedar would be both striking and effective, if evergreens are preferred. Recommendation - 107 High Street - The site at 107 High Avenue should be replanted with a small tree, to not present a potential risk to the adjacent building or electricity lines. Flowering Dogwood, Ornamental Cherry or Crabapple are all suitable replacements. 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. 8  Page -9-June 5, 2023 7. 42 Burd Street. Gisondi Properties. Continuation of Site Plan application for an addition and conversion from an office building to a 4-unit residential building. John Gisondi, owner and Dan Collins, Engineer, represented this application. Dan Collins discussed the fact that they have addressed all of Eve’s concerns and are in agreement. What is not on the plans will be put on. The Perc test will be done after issuance of permit. The Chair states that the Planning Board authorizes the Village Planner to draft resolution and that all requirements of Eve’s memo of 8/25 be complied with. Application is continued to the October 2nd meeting at 7:00 pm Village Planner The ZBA approved the required variances for this application on 4/24/23. Conditioned on the following: 1. All requirements of the Village Engineer not already complied with shall be satisfied. 2. 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 – recommended that a Note be placed on the plans indicating that during construction, six inches from the rear wall will be removed so that the rear wall will be on the boundary line. This can be verified with the As Built Drawings provided to the building department closing out the project. ARB approved the application conditionally on 12/21/22. Applicant will be going back to the ARB. Applicant has provided a set of plans with the alternate layout which has been reviewed and approved by the Planning Board and the Village Engineer. NEW Review by Village Engineer dated July 9, 2023: The following items need to be addressed by the Applicant with the Manny and the Village Engineer. 9  Page -10-June 5, 2023 1) The plan set including architectural and engineering plan sheets should be reviewed for consistency, compiled and re-submitted. There appears to be conflicting information between the two sets of plans. Hudson Engineering Drawings C-1 (Stormwater Management Plan) dated 8/9/23 and C-2 (Erosion & Sediment Control Plan) dated 8/9/23 replace the submitted drawings of S-2 and S-4. 2) A Boundary and Topographic Survey has been submitted. It shall be signed and stamped by a PLS. 3) The Bulk Zoning Table is not shown on the plan re-submission thus we are unable to offer any comments. Applicant - The Bulk regulations table has always been on drawing A-2 4) The height of the proposed walls, with top of wall, bottom of wall elevations has been shown. The pavement spot elevations along the top of wall shall be provided. 5) Is a parapet, fence or other means of fall protection from the top of wall proposed? 6) The sight lines at the corner of Burd Street and Piermont Avenue remain to be shown in the traditional manner of establishing a sight triangle at the intersection. There shall be no obstruction in sight lines within the sight triangle. All walls, vegetation, and fence shall be less than 30 inch in height. Code Section 360-4.9 A (2) addresses sight lines. This remains to be shown. 7) Please clarify the purpose of the sight line triangle that is shown within the parking area. Sight lines should be shown to demonstrate sight to oncoming traffic, easterly and westerly, along Burd Street, and a sight triangle shown at the corner of Burd Street and Piermont Avenue. 10  Page -11-June 5, 2023 8) The limits of concrete curb and sidewalk replacement have been shown along the full length of the property frontage. A proposed ADA ramp is shown on the plan with the DWS. The ADA ramp shall comply with current code to the greatest extent possible, and include a level pad. 9) Utilities – water, gas and sewer are not shown on C-1 as suggested in the response letter. These utilities shall be added to the plan including material and slope. Required separation distances between sewer and water shall be maintained. Clean-outs shall be shown for the sanitary sewer connection. 10) Drainage calculations have been submitted. The percolation test data sheet was not attached as noted in the report. Please provide the test results upon receipt to confirm the viability of a cultic system at this location. Roof leader connections have been shown connecting to a proposed catch basin. Bob - Should check with the Building Inspector. In many cases the perc test is done tied into building permit. 11) The minimum stormwater conveyance system pipe has been amended to reflect 12 inch diameter. The trench drain chosen should be compatible with connecting a 12 inch pipe and a detail provided. Applicant response - Perhaps the 12” wide trench drain was not necessary because Hudson designed a 6” wide trench drain. Also only 1/3 of the parking area is now impervious and similar to size to a typical driveway for a 1-family house. Bob - Note that Hudson Engineering is doing the stormwater management design. 12) Some foundation planting areas have been provided in addition to the rain gardens. A planting schedule shall be added to the plans. Applicant - Foundation Planting Schedule is shown on drawing S-1. 13) The trash/recycling enclosure design should be architecturally consistent with the proposed structure. Details shall be provided. 11  Page -12-June 5, 2023 Applicant - Trash & Recycling are shown including 48 Burd St. Trash & Recycling Fence Detail no. 2 is shown on drawing S-1. 14) 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. A Lighting Plan was not submitted. This remains to be addressed. Applicant - I edited the lighting plan to show lights A, B & C on drawing S-3. 15) Proposed mailboxes shall be shown. This remains to be addressed. Applicant - The US Mailboxes are shown on drawings A-2 & A-4. 16) Proposed signage shall be shown. This remains to be addressed. Applicant - Signage is shown on drawings S-1 and A-2. 17) A note has been added to the plan indicating the fire hydrant will be relocated. The location, make/model of the hydrant shall be confirmed by the Fire Department. Applicant - Details and notes have been updated. Bob – This can be confirmed with the Village Fire Inspector and Building Inspector. 18) A separate Erosion Control Plan has been provided. The plan indicated a construction fence within the pavement of both Burd Street and Piermont Avenue reducing lane widths and blocking access to the sidewalk and to the fire hydrant. All construction fence and silt fence shall be within the subject property. Temporary closing of the 12  Page -13-June 5, 2023 sidewalk area would be permitted, as needed, to construct the curb, sidewalk and ADA ramps. Bob – This can be handled as a note on C-2 the Erosion Control Plan – check with Building Inspector. 8. Advisory report (i.e., recommendation) to the Village Board of Trustees, as per Village Code §360-5.6(B)(3)(a), regarding a proposed Local Law which would amend the Zoning Code so that an application to the Building Department, which requests removal of a single significant tree for any reason whatsoever, will be exempt from the requirement that the application be reviewed and approved by the Planning Board, which exemption may be availed of once per three years per tax lot; in addition to a few other regulatory provisions relating to tree removal. After Planning Board discussion, the Planning Board dictated the following memo to the Planning Board Secretary to be send to Village Board of Trustees: TO: Village of Nyack Board of Trustees FROM: Village of Nyack Planning Board CC: Village Attorney, Village Planner, Chief Building Inspector Re: Requested Recommendation/Advisory Opinion from Village Board of Trustees In response to the Village Board of Trustee’s request for a recommendation/advisory opinion regarding the proposed Local Law to amend Village Code Chapter 360 (Zoning), relating to the removal of a single significant tree, for any reason whatsoever, to be exempt from the requirement that the application be reviewed and approved by the Planning Board, which exemption may be availed of once per three years per tax lot; in addition to a few other regulatory provisions relating to tree removal; the Planning Board offers the following comments: I. The Planning Board is concerned that one of the major rationales of this amendment, to the Zoning Code’s significant tree removal provisions, is to reduce significant tree removal applications to the Planning Board; but reducing the measurement of a significant tree from 12” to 8” in diameter will counteract the other aspects of the proposed amendment by increasing, rather than decreasing, the volume of applications requesting significant tree removal. 13  Page -14-June 5, 2023 II. The definition of Significant Tree should be amended to read as follows: A native or non-invasive tree at least 12 inches in diameter as measured at breast height. III. If the Planning Board were to follow Zoning Code §360-5.18(B)(4) & (5), under “Tree Removal Permit,” it seems that Public Notice and Public Hearings are not required. Is this correct? Sincerely, Village of Nyack Planning Board Mary Screene, Secretary to Land Use Boards The Chair made a motion to adjourn the meeting at 9:50 pm. Seconded by Samuel Hart. Passed with Vote 3-0. 14