Planning Board

Village of Nyack Planning Board March 4, 2024 Members Present: Also Present:______________________________ Laura Rothschild – Chair - present Dennis M. Michaels, Esq. Village Attorney - present Peter Voletsky – present Manny Carmona – Building Department - present Matthew Croussouloudis - present Bob Galvin – Village Planner - excused Samuel Hart - present Jennifer Knarich -absent Taylor Light (Alternate) - absent Catherine Friesen (Alternate) - absent COVID-19 PANDEMIC STATUS~ IN PERSON. Meeting opened by the Chair at 7:08pm. Conflict Check: The Chair polled the members of the Board regarding the issue of possible conflicts of interest regarding the application. There were none. Other Business: The Chair stated that the Minutes for the February 5, 2024 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 4-0. 1. 239 High Avenue. Blue Spruce Tree and Landscaping. Application for tree removal. Michael Gensinger, owner and Jorge Gonzalez of Blue Spruce Tree represented the application. The Chair read from the Arborist letter written by Jason Guzman stating that he had visually inspected the two trees in question. He recommends that one Norway Maple and one Red Maple be removed for various reasons mentioned in letter. The Chair explains to homeowner that the Planning Board asks property owners that are given approval to remove trees to replant another. Because the property is so small, the Village Planner (in his notes) mentioned the possibility of planting a street tree in front similar to the others on the street. The homeowner agrees to this and asks for a list of permitted trees. The Chair states that this is a Type II action under SEQRA and consistent with LWRP policies. She asks if there is any public comment. There was none.  Page -2- March 4, 2024 Samuel Hart makes a motion to approve the application subject to condition that one street tree be planted in front. The is seconded by Matthew Croussouloudis. Vote passed 4-0. Village Planner The subject property is a small property approximately 2,100 sf, located on the south side of High Avenue approximately 50’ from the intersection of High Avenue and North Highland Avenue in the TFR zone. There is a Shell Station to the south of the property along North Highland Avenue. The color photographs provided with the application show the location of the two trees in question along the fence bordering the Shell Station. The Applicant is requesting the removal of two significant trees on the southwest side of the property along the fence. Both trees are shown to be considerable higher than the residence and overhang the Shell Station. The applicant is represented by Jason Guzman, a certified arborist and Tree Risk Assessment Risk Qualified representing Blue Spruce Tree and Landscape Services, Corp. Perfect Cut Tree Service. The arborist’s review dated 1/9/24 has been provided to the Board. It indicates that there are two trees in question: Norway Maple and a Red Maple. The first tree in question, the Norway Maple, is within 10-15 feet of the house and overhanging the roof. The Norway Maple has an extensive, highly aggressive root system which is a threat to the structural integrity of the foundation of the house. This tree was visually measured to be at least 18-22"dbh, and about 40 feet tall. The profound, fibrous root systems of these trees, while shallow, are highly aggressive and known to compete against each other for space, water and nutrients. (Note: the Norway Maple is recognized by NYSDEC as an invasive species). Because of the lack of space that these trees typically require, there are visible girdling roots which are known to be a common and often fatal stressor. The rapid growth rate coincides with the strength of the wood. These trees are known to cause significant damage and cleanup costs for homeowners. The second tree is a Red Maple which is located close to the first tree. This tree is also within 10-15 feet of the house and overhanging the roof. The Red Maple is in decline, partially due to the visible sunscald/frost cracks along the single stem. This tree was visually measured to be over 40"dbh due to its multiple co-dominant stems. The sun scald/frost cracks have allowed heartwood rot and decay to set in. It is likely to be present all throughout the main stem with a high likelihood of it being hollow. The rather large canopy extends over the neighboring property. The above-mentioned tree has outgrown its available square footage. This tree is more of a hindrance than an asset. It will continue to grow obstructed by stressors, while at the same time losing older growth and declining in vigor. As it loses its vigor its environmental value will continue to depreciate and cause  Page -3- March 4, 2024 safety hazards. 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. Applicant has provided color photographs of the property and trees with map showing their locations. This is a small property and there may not be room for another tree on the site. However, there is no street tree in front of the residence while there are smaller street trees in front of adjacent homes on High Avenue. The Board could consider recommending that the Applicant donate a similar tree to the Village to be planted along the street in front of the subject property. 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. 55 Catherine Street. Shaban Sinanaj. Continuation of application for subdivision for merger of two lots and the construction of a two-family dwelling. Dennis Michaels states that this application is adjouned at the request of the applicant and will be continued. Public Hearing will remain open until the next meeting on Monday, April 8th, 2024 at 7:00pm in Village Hall. The Chair moves to close meeting at 7:21 pm. The Clerk/Secretary to the Planning Board of the Village of Nyack is hereby authorized, directed and empowered, by the Planning Board, to sign these Minutes, and to file a copy thereof in the office of the Village Clerk: ___________________________________ Mary Screene, Clerk/Secretary