Planning Board

Village of Nyack Planning Board January 8, 2024 Members Present: Also Present:______________________________ Laura Rothschild - Chair present Dennis M. Michaels, Esq. Village Attorney - absent Peter Voletsky – present Manny Carmona – Building Department - absent Jennifer Knarich - present Bob Galvin – Village Planner Samuel Hart - present Matthew Croussouloudis -absent Taylor Light (Alternate) - absent COVID-19 PANDEMIC STATUS~ IN PERSON. Meeting opened by the Chair at 7:05pm. Conflict Check: The Chair polled the members of the Board regarding the issue of possible conflicts of interest regarding the application. Jennifer Knarich asked to be recused from the 36 S Broadway application. Other Business: The Chair stated that the Minutes for the December 4, 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, Jennifer Knarich made a motion to accept the Minutes as presented. This was seconded by Peter Voletsky and passed with a vote of 4-0. 1. Village Board referral to Planning Board regarding text change for sign ordinance. Planning Board felt that this new sign ordinance makes complete sense and streamlines the process. A few minor changes were made to this document by the Planning Board. Please see attached. 2. 38 Burd Street. Francesca Bozorgomid. Continuation of application for addition of new conditioned corridor and referral to ZBA. Jackie Urra, Architect, is representing this application. The Chair states that at the last meeting in December, Manny Carmona, Building Inspector stated that he had a conversation with the Nyack Fire Chief about the project and that the Fire Department had no issues or concerns.  Page -2- January 8, 2024 The Chair asks if there is anyone from the public who wishes to be heard. Hearing none, the Chair makes a motion to close the public hearing. This is seconded by Jennifer Knarich. Jennifer Knarich makes a motion to approve the application under the condition that the Fire Department is ok with it and the ZBA grants variances necessary. Peter Voletsky seconds this motion. Vote passed 4-0. Village Planner Review The subject property is located on the north side of Burd Street, 68’ to the south of Piermont Avenue in the TFR zone. The subject property is 3,960 sf and current use is two-family residential. The construction for the two-family units was completed in 2001. The Applicant’s architect has provided a revised Bulk Table with clarifications from the Chief Building Inspector. The first two columns have been outlined in red – these include Column 1) DISTRICT MINIMUM LOT SETBACK CALCULATIONS and Column 2) EXISTING NON-CONFORMING LOT SETBACK CALCULATIONS. There are several variances that need to be re-issued for this application. These include the proposed lot width which has been reduced to 42.3’ from the exiting 45.7’ and minimum setbacks for side lot lines (both single and combined) and setback from rear lot line. These are all noted as existing non-conforming. After the December meeting, the Chief Building Inspector checked with the Fire Department which had no questions or comments about the plans. Plans also confirm the square footage for the following: • Total existing units 3,168 sf • Area of proposed corridor 155 sf • Area of accessory living 737 sf • Area of existing dwelling unit #2 1,249 sf • Area of existing dwelling unit # 1 1,027 sf The applicant received approval from the ARB at their 9/20/23 meeting with no conditions. SEQRA – Type II action – no further SEQRA review required. Recommendation – Unless there are other issues that arise, the Planning Board can approve the application subject to applicant obtaining the necessary variances from the ZBA. 3. 55 Catherine Street. Shaban Sinanaj. Continuation of application for subdivision for merger of two lots and the construction of a two-family dwelling.  Page -3- January 8, 2024 Thomas Haynes, Architect, is representing this application. Discussion began with Village Engineer Review dated 12/27/23. Thomas Haynes is in agreement with all comments made by Eve Mancuso. He will revise plans to include all points. Bob Galvin asked him to go over each point by point which he did. The following comments were made: - Contours on grade will be shown. There will be no effect of stormwater runoff to neighbors. - They will have culvert scoped. - They will show sizes and materials used on plans. They are using heavy cast iron for sewer and copper piping. - Sewer line will also be scoped for adequacy, material and size. - Cultec units have been added to plans. - They will add underground electric service to plans. - A Soil Erosion Plan has been done. - Concrete Sidewalk details have been added to plans. - A trench repair detail has been added to plans. - Tree protection and street trees will be added to plans. The Chair authorizes Resolution to be drafted as well as Neg Dec. Hearing no public comment, the Chair holds meeting open until next meeting, February 5, 2024. Village Planner Review The Planning Board has established itself as the lead agency for the SEQRA review of this unlisted action at its October 2, 2023 meeting. The NYSDOT has provided a GML response dated 9/9/23 for this application indicating that there are anticipated to be no impacts upon the State highways. We also received a GML review from Rockland County Planning dated October 2, 2023. We have received revised plans from the Applicant’s Engineer. These plans have been reviewed by the Village Engineer (12/27/23). The review has been provided to the Applicant who will need to address and revise plans as necessary. Village Planner requested that applicant provide a Narrative describing the changes made to the revised plans. Village Engineer Comments • Spot grades and contours throughout the disturbed areas remain to be shown. There is an approximate 2 feet differential in grades between that proposed on site and that existing on the adjacent neighbors’ properties. How will this be addressed without causing an adverse impact to them from stormwater run-off. Grades or contours are needed throughout the disturbed area of the property. Cultec elevations shall also be shown.  Page -4- January 8, 2024 • The offset dimensions from the terraced wall to the side property lines shall be shown on the plan. The offset is noted as 10- 11 ¾ inch at the southwesterly corner. The concern remains for sufficient off set distance from the property line to the wall to ensure access to the rear yard for materials and equipment, including trucks, and to provide for the long-term maintenance of the culvert. • Structural integrity of the culvert - The 60-inch culvert located within the rear yard indicated on the plan conveys the waters of Nyack Creek. Due to the proximity of the proposed construction of the building structure as well as the need to cross equipment over the culvert to construct the stormwater management system, we have concerns for the structural integrity of the culvert, both prior to construction and after construction is completed. Detailed investigation is needed to confirm the structural integrity of this culvert. Recommendation is that culvert be televised both before and after construction, and submitted to the building department. A note has been added to the plan stating this. This would be a condition of approval including repair or replacement of culvert as required. The culvert needs to be televised and condition determined before SEQRA review can be completed. • Utility connections including material, size and slope shall be shown for each unit. Cleanouts shall be shown. The plan indicates water and sewer connections for Unit 2 only. Information shall be provided for both units. The viability of utilizing the existing sewer line for both units shall be field verified before SEQRA review is completed. • Cultec units have been proposed to address the increase in stormwater run-off. The details of the system design shall include the placement of view ports and clean out ports to ensure long-term viability and maintenance. These cultec details shall be added on the Detail Plan SP-02. • Recommend that electric service to each unit be underground from the existing pole. • A Stormwater Maintenance Agreement will be required as a condition of approval. • Perc tests shall be performed in the location of the proposed units to ensure an infiltration system is viable in this area. Written results shall be submitted to the Building Department and Village Engineer. • A separate Soil Erosion Plan with all details shall be developed and submitted as part of the plan set. • The concrete sidewalk detail shall include welded wire fabric.  Page -5- January 8, 2024 • A trench repair detail shall be added to the plan set. • A tree protection detail is shown on sheet SP.02. The location of these trees to be protected shall be shown on this plan. • Street trees shall be planted along the front sidewalk of the property with approximate size of 3” caliper from the Village’s list of recommended street trees. 4. 112 Main Street. Parkview Nyack LLC. Site Plan application for minor subdivision of two lots. Sarah Murray of DR Pilla & Associates is representing this application. They are looking to subdivide the property 5 feet from the rear of the building at 112 Main Street. The new lot will front New Street. There will be an easement on rear lot for electrical and stormwater management. The owner has no narrative for any future plans for new lot. The Chair states that egress will have to be addressed by the Building Inspector and the Fire Department. New plan to come. This is an unlisted action. No further SEQRA action required. No site improvement. No drainage. Sam Hart states the based on the Planning Board’s review of Part 2 of the EAF and the preliminary plat, reviews by the Village Engineer and Village Planner and comments by the Building Inspector, the proposed action is not expected to result in any significant adverse environmental impact that would rise to the level of significance required for a Positive Declaration. Jennifer Knarich makes a motion to adopt the Neg Dec. Peter Voletsky seconds. Vote passed 4-0. The Chair asks for any public comment. Patrina Koblin owns the property next door. Former diner, now Bangkok Station Thai Restaurant. She is concerned about what will happen with new lot. Right now drainage is a problem. Gutters from 6 Park St drain down on restaurant. They had to put gutters on the restaurant to divert the water. Also, she states that someone is cooking outside on this property – operating a grill. It was stated that we will have Manny Carmona look into this. The Chair states that this application is held open until the next meeting on February 5, 2024. There are no plans proposed for the rear lot. If a proposed use is applied for, it would be reviewed by the Planning Board and a public hearing would be held for the application.  Page -6- January 8, 2024 Village Planner Review The property is located on the north side of Main Street in the DMU-1 Zone. It is a through lot with frontage on New Street as well. There is an existing 1-story commercial structure with frontage on Main Street, and a gravel parking area on the lot accessed from New Street. The applicant is seeking to subdivide into two lots. One lot will contain the existing structure and have frontage on Main Street; the second lot will have frontage on New Street. New Street is a commercially developer street with the Elmwood Playhouse on the corner of New Street and Park Street. A narrative has not been provided to state the purpose of the subdivision, or of any future development. The two newly created lots would consist of Lot #1 66.38-1-17.1 and Lot #2 66.38-1-17.2. Lot #1 would consist of 1,955 sf. It would have 23.5’ frontage on Main Street with depth of 83.17’. Lot #2 would have 23.5 ‘ frontage on New Street with depth of 59.83’. Applicant has left a 5’ rear yard setback from the existing structure on Lot 1. Applicant has provided a bulk table with information on the existing property and Lots # 1 and #2. There are no existing violations on the property. The following Building Inspector comments are included on the application: 1) There are no site improvements proposed under this application. 2) Accessory off-street parking (AOSP) is not required for commercial uses within the DMU-1 district. 3) There are no changes to grades proposed under this application. 4) Corner markers will be set by a surveyor if required by the Village Engineer. 5) There are no drainage improvements proposed under this application. 6) Subdivision has no effect on the existing drainage facilities outside the area of the subdivision. 7) Regarding erosion and sediment control – There are no new developments proposed under this application. 8) Regarding Natural Drainage Patterns – Subdivision has no effect on the existing drainage patterns. 9) There are no changes to stormwater discharge proposed under this application. 10)There is no increase in impervious areas proposed under this application. 11)Regarding Stormwater discharge – There are no changes to stormwater discharge proposed under this application.  Page -7- January 8, 2024 12)Regarding amount and velocity of runoff – There are no site developments proposed under this application. 13)Regarding Drainage System Maintenance – There are no drainage systems proposed under this application. 14) Final Plat Plan to be submitted after preliminary Plat Plan approval by Planning Board. 15) No Site Development Plan required since there are no developments proposed under this application. SEQRA Determination The proposed action is classified as an Unlisted action. It is a minor subdivision which would not create a new structure and would not have any changes to the site based on the Building Inspector’s comments listed above. The Village Planner has prepared Part 2 of the SEAF to confirm any environmental impacts as well as Part 3 with a draft Negative Declaration for the Board’s review. The issuance of a Negative Declaration by the Planning Board would close out SEQRA review. Village Engineer provided a review dated December 28, 2023 of the subdivision. See following comments which Applicant will need to address and revise final plat as needed: • The Survey performed by Civil Tee Engineering and Surveying, signed and stamped by licensed surveyor shall be provided as part of the Subdivision application. • All utilities servicing the existing structure shall be shown. • It appears that existing electric service is being provided from New Street. An easement will be required across the future lot 17.2 to benefit the existing lot 17. 1 • There appears to be a gas meter at the rear of the existing structure. The gas service line should be shown and an easement granted for the gas line. • Any roof leaders or other drainage structures discharging to, or draining from the lot 17.1 to new lot 17.2 shall be shown. The method in which this run-off will be addressed shall be provided. • It appears secondary egress from the rear of the existing structure is currently across the proposed lot. Confirmation is needed from the building department to confirm egress requirements, and an easement obtained if necessary. • Concrete curb, concrete sidewalk and concrete apron shall be constructed across the property frontage on New Street.  Page -8- January 8, 2024 Because the Architect for 28 Route 59 was not here yet, we changed the order of the last two applications. 5. 36 South Broadway. Snyder & Snyder for Dish Wireless. Application for new rooftop wireless facility location. This is for comment and advisory to ZBA only. Mike Sheridan of Snyder & Snyder is representing this application which is going before the ZBA. There will be 3 antennas in total. Two will be behind stealth walls on rooftop and one section will be flush mounted to side of building. The location was chosen to provide for the gap in coverage between the Mario Cuomo Bridge and Hotel Nyack. This was the best location for that. No views will be obstructed. ZBA can include conditions on signage requirements and personnel who can access roof. Greg Leahy, Engineer for Tectonics spoke about the structure itself. Planning Board is referring this application to ZBA with the following suggestions: 1) Applicant shall implement the RF Awareness signage plan specified in Appendix C of the Pinnacle Telecom Group’s RF Compliance Assessment Report dated July 26, 2022. 2) Applicant shall implement strict protocol with respect to RF exposure as per FCC Rules and ensure that only authorized individuals have access to the roof. Village Planner Review The ZBA has the jurisdiction to review special permits for wireless telecommunication Facilities in the Village of Nyack. The Applicant, Dish Wireless, is in the process of developing its nationwide 5G network and is required by the FCC to cover at least 70% of the US population. The current application is a special permit request by Dish Wireless to install a wireless telecommunications facility ("Facility") on the roof of the existing building ("Building") located at 36 South Broadway, a 7-story high senior apartment building in the MFR-3 District. This is a new facility and will consist of three panel antennas, painted to match the building, with related equipment installed on the roof of the building. The Applicant has provided an FCC Radio Frequency Compliance Report prepared by Pinnacle for the Antenna Site. Conclusion is that the proposed facility and proposed warning signage on the roof complies with FCC requirements. A structural Analysis was also provided by engineering firm to certify that the roof is structurally sound for the proposed facility. Other information that is provided includes photosimulations of the panel antennas, site selection analysis and other technical reports such as: DISH Interference and Certification Letter, RF Justification and zoning and construction drawings.  Page -9- January 8, 2024 The telecommunication standards state that the wireless communications facilities including antennas shall be the least obtrusive and the most appropriate to the proposed site. The Board can limit its visibility from public ways. The Applicant has indicated that he will paint the three panel antennas to match the building. The Board can review the photosimulations and location of the equipment and panel antennas on the roof for visual impact on surrounding properties and South Broadway. if the Board is not satisfied, they can request alternate stealth techniques from the applicant to be considered. It appears that there is sufficient documentation to justify a new personal wireless facility in the general vicinity, and that Dish Wireless has provided sufficient substantiation of need. The selected building is an appropriate location for the new facility which would alleviate the described coverage gap and eventual capacity overloading. The Applicant appears to have applied due diligence in their search for a “best” location. It appears that the proposed new facility is reasonably in concert with the Village’s Ordinance. Suggested Conditions the ZBA may wish to consider (see above). 6. 28 Route 59. Seth Marks d/b/a Treehouse Cannabis. Site Plan application and Special Permit application to operate an adult-use retail Cannabis Dispensary. Robert Silarsky, Architect, is representing this application. They had previously been granted a Special Permit for a delivery only facility. The injunction with the lawsuit against NYS moved much quicker than expected and they are back to request a Special Permit for a full retail Cannabis Dispensary. They have received the GML responses from NYS DOT and Rockland County Planning. They will fully comply. Peter Voletsky is concerned about the line of trees along Rt 59 that they may cause traffic sight problems. The Applicant has agreed to remove the two tree closest to eastern driveway (exit only) and put a low planter there instead. This will reduce the number of trees to six with two low planters. Also discussed was that Board would like a sign installed prohibiting making a left turn onto Route 59 and the possibility of curving the exit like Walgreens did. The sidewalk will be ADA compliant. The sidewalk is currently 48 inches wide which is ADA compliant. Because the building is not handicap accessible, there will be “runners” who will deliver orders to cars in the handicapped parking spot. The car dealership will be removed before the start of business. Two parking spaces for Delivery Vehicles Only will be designated on west side of the building in rear by back door. No public comment.  Page -10- January 8, 2024 The Chair asks Bob to draft Resolution for next meeting. The application remains open until the next meeting on Monday, February 5, 2024 at 7:00 pm. The Chair moves to close meeting at 8:55 pm. This is seconded by Samuel Hart.