Planning Board

Village of Nyack Planning Board December 4, 2023 Members Present: Also Present:_______________________ Laura Rothschild - Chair present Dennis M. Michaels, Esq. Village Attorney Peter Voletsky – present Manny Carmona – Building Department Jennifer Knarich - present Bob Galvin – Village Planner Matthew Croussouloudis - present Taylor Light (Alternate) -present Miguel Ortiz-Crane - absent Samuel Hart (Alternate)- absent COVID-19 PANDEMIC STATUS~ IN PERSON. Meeting opened by the Chair at 7:00pm. 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 November 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. 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 2-0. Due to exigent circumstances (Samuel Hart being absent), Minutes were approved with 2 – 0 vote. 1. 84 Piermont Avenue. Hannah Lanoy. Application for a tree removal. This application is being represented by Hannah Lanoy, owner of the property. She states that there are two trees that need to be removed. One is an Elm tree in the back corner which is growing into a legal easement and is preventing access. It also has a heavy lean of 73 percent toward the neighbor’s property. The owner bought the property 2 years ago. In the past, it was a rental property for many years and the property was neglected. The owner is willing to plant two replacement trees along the back fence. Village Planner Review The subject property is 7,122 sf, located at the northwest corner of Piermont Avenue and Depew Avenue (diagonally across from Memorial Park) in the TFR zone.  Page -2- December 4, 2023 The applicant is represented by James Dillon, a certified arborist from Perfect Cut Tree Service. The arborist’s review dated 9/12/23 has been presented to the Board. It indicates that there are two trees in question: Elm Tree with DBH size of 16”-17” and a Mulberry Tree with DBH of 24”. The Elm tree is located in the left rear corner of the property and is leaning 73% toward the adjacent neighbor’s property. The Mulberry tree is located along the driveway in the rear yard adjacent to the slate patio and house. It has compromised anchoring roots. The Elm tree also has codominant union with included bark. The arborist is recommending the removal of both trees. Applicant has provided color photographs of the property and trees with map showing their locations. 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 asks for any comment from the Board. Hearing none, she asks for public comment. Hearing no comment, she closes public meeting. She states that this is a Type II action, consistent with LWRP. Jennifer Knarich makes motion to accept application with condition that two replacement trees be planted. This is seconded by Peter Voletsky. Vote passed 5-0. 2. 50-52 Sickles Avenue. Kevin Hastings. Application for tree removal. Kevin Hastings, owner, is representing his application. He states that a person fell on his curb because the roots of the trees are pulling up the sidewalk. They are also damaging the driveway, retaining wall and front steps. Trees are leaning towards his house and will do significant damage if they fall. The Chair questions the Arborist letter where it refers to a video. Mr. Hastings confirms that Arborist did visit site after seeing video. The Chair questions Manny Carmona, Building Inspector, about his site visit. Manny confirms damage being caused by the trees. Village Planner Review The subject property is 0.17-acre property which is located at the northwest corner of Sickles Avenue and Rockland Place in the TFR zone. The request is to remove 4 significant Pine trees in front of the property along Sickles Avenue. The frontage along Sickles Avenue is 97’. The applicant is represented by Marvin Medina, a certified arborist from Latin Landscaping. The arborist’s review dated 10/25/23 has been presented to the Board. The removal of the trees is indicated as a safety issue in the arborist report. It indicates that the upheaval of the  Page -3- December 4, 2023 concrete sidewalk on Sickles Avenue is caused by the massive roots of the Pine trees. Arborist refers to a neighbor recently tripping and falling in the area of concern. The roots have also caused two major structural cracks in the concrete retaining wall at the black chain link fence entrance to the property. There has also been upheaval to the lower steps of the front stoop. The roots of the Pine trees have created an unsafe condition. The arborist recommends that these types of trees should not be planted within 20’ of a residential structure and should be removed. Applicant has provided color photographs of the property and the Pine trees in front of the house. He has also provided a map showing their locations. 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 Owner is willing to plant four replacement trees. He has planted Green Emeralds (Arborvitae) around the perimeter in the last two years. He is willing to plant smaller trees to replace these four trees. The Chair asked if the Board and the public had any comments. Hearing none, she closes the public meeting. The Chair states that this is a Type II action, consistent with LWRP. Matthew Croussouloudis makes motion to approve this application with the condition that the owner plants four replacement trees or contributes to the Village Tree Fund. Jennifer Knarich seconds this motion. Vote passed 5-0. 3. 7 Charles Street. Helen McElroy. Application for tree removal. Helen McElroy, owner, is representing her application. She states that her property borders on the former Moger Property on 9W. This line of trees, 6 Trees of Heaven, are infested with Spotted Lantern Flies. She also has a Black Cherry and a Pine tree that are doing very well. She is happy to replace these 6 invasive trees with 6 Village approved trees. The Chair questions the report which states that a crane will be placed on neighboring property to do the removal. Manny assures that written permission will be gotten before permit is issued. Village Planner The subject property is the next to last house on Charles Street which is a dead-end street extending from Sickles Avenue to the north in the TFR zone. The request is to remove 6 Trees of Heaven along the wooden fence on the rear property line. The applicant is represented by Bill O’Shea, a certified arborist from O’Sullivan Tree Care. The arborist’s review dated 11/8/23 has been presented to the Board. The arborist indicates that the six trees of Heaven range in size from 10” to 16” along the rear property line. These  Page -4- December 4, 2023 trees are in decay with falling branches. The dropping branches create a hazardous condition. Moreover, the six trees are infested with Spotted Lanternflies. Therefore, the trees need to be removed. Applicant has provided color photographs of the property and the location of the six Trees of Heaven along the rear wooden fence at rear property line. He has also provided a map showing their locations. 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 asks if the Board of the public has any questions. Hearing none, she closes the public meeting. The Chair states that this is a Type II action, consistent with LWRP. Taylor Light makes motion to accept this application as presented with the condition that 6 replacement trees be planted. Matthew Croussouloudis seconds this motion. Vote passed 5-0. 4. 38 Burd Street. Francesca Bozorgomid. Continuation of application for the addition of a conditioned corridor. No one appeared to represent this application. This application had been held over to allow the Nyack Fire Department to do an analysis of the property for fire safety. Manny Carmona, Building Inspector, spoke to the Fire Chief who said they have no issues with access to the property, but wanted to make sure smoke detectors would be installed in both the corridor and the family room/bedroom above the garage. Because this is a continuous space, fire doors are not required. Because there was no representation and there were several Planning Board members who were not present at last month’s meeting, it was decided that no decision would be made yet. This application is continued and the Public Hearing remains open until the next Planning Board meeting on Monday, January 8, 2024 at 7:00pm in Village Hall. Village Planner Review No information provided by applicant. Plans sent to Fire Department for safety review. 5. 55 Catherine Street. Shaban Sinanaj. Continuation of application for subdivision for merger of two lots and the construction of a two-family. No representation for this application. This application was on the agenda for adjournment purposes only.  Page -5- December 4, 2023 6. Administrative Action: Advisory referral to the Planning Board from the Village Board of Trustees for a recommendation, per Village Code §360-3.2, regarding a proposed Local Law which would amend the Zoning Code so that rooftop dining would be allowed in the “M” Zoning District. The Chair opens discussion with the Board asking if they have reviewed the proposed Zoning Code change. There was a brief conversation about spot zoning. Dennis Michaels, Village Attorney, explained that spot zoning would not apply here because entire Zoning District “M” Zone is being changed, not a particular parcel in a Zone. There is only one M zone in the Village which is occupied by the Nyack Hotel. The Chair has one recommendation in paragraph 2, the 12b be changed to include Federal and NYS Holidays as well. Dennis Michaels asks Board Secretary to send email to Village Board stating as such. The Chair moves to close meeting at 7:45 pm. This is seconded by Jennifer Knarich.