Planning Board

Village of Nyack Planning Board June 3, 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 - present Samuel Hart - present Jennifer Knarich -present Catherine Friesen (Alternate) - present Taylor Light (Alternate) - absent COVID-19 PANDEMIC STATUS~ IN PERSON. Meeting opened by the Chair at 7:02pm. Conflict Check: The Chair polled the members of the Board regarding the issue of possible conflicts of interest regarding any of the applications. None mentioned. Other Business: The Chair stated that the Minutes for the May 6, 2024 meeting were distributed and approved by Planning Board Members prior to this meeting. 1. 14 Depew Avenue. Robert Silarski. Site Plan application to restore and expand existing single-family home damaged by fire and erect new two-car garage. Robert Silarski, Architect with S&Co Architecture is representing this application. He states that the house was severely damaged in a fire a year ago. Owner is grandson of Jean Gardner, longtime Village Clerk of Nyack. His idea is to convert from 1 to 2 family and renovate the 3 bedroom, 2 story dwelling. Footprint will not change. We received Zoning Board approval on April 29, 2024 for 2 car garage. House is dormered at southside. Backyard is so small – wanted garage to keep cars off street. Hired Engineer to handle stormwater maintenance – drywell. House will look as close as possible to original on south side. Changes are being made to northside. The Chair asks about basement apartment and wants to know if all egress requirements will be met as well as fire and safety compliance. Manny Carmona, Building Inspector has no concerns – fiber cement siding is being used. When asked about cause of fire, he stated that it was started by an electric scooter being charged. Manny stated that property is non- conforming. State requires that wall on property line be fire rated. Easement is being  Page -2- June 3, 2024 worked out with neighbor that will allow for windows. NYS Code – legal easement. Needs NYS approval and DOS variance. The Chair states that application was approved by ARB on June 12 subject to reasonable conditions. The Chair opens for public comment. Hearing none, she closes public comment. Matthew Croussouloudis makes a motion to accept and approve application as presented in reference to plans dated May 8, 2024. Peter Voletsky seconds this motion. Vote passes 5-0. Village Planner The 3,640-sf subject property is a detached single-family residence in the TFR- zone on the north side of Depew Avenue, approximately 45’ to the east of the intersection of Depew and Piermont Avenues. The residence is an integral part of the row of small residences constructed in the mid- to late-19th C. along the north side of the foot of Depew Avenue, across from what was once an active riverfront and is now Nyack’s Memorial Park. The residence has been owned by the family of Mr. Gardner Kerksick for 70 years. The proposed site plan application involves the reconstruction and expansion of the existing principal building which was severely damaged by fire and water in mid-2023. In addition, the project involves a change of use converting the structure from a single-family to a two-family residence, an allowable use in the TFR zone. This will be accomplished by creating a dwelling unit at the lower level. The owner wishes to create a basement apartment so that he can spend parts of each year there while renting out the more substantial upper levels of the house. Finally, the project includes the construction of a 528-sf , two-car detached garage on the northeast side of the property. The variances required to permit the restoration were granted by the Zoning Board of Appeals at their May 2024 meeting. ARB approval is pending. Applicant has provided architectural set of plans, color photographs of the site and surrounding properties, and Narrative of the Project. The project’s design uses the house’s architectural history and context as a guide to its restoration. The house’s footprint is proposed to remain unchanged, as is the south-facing public façade. The usable open space remains at 1,292 sf with the rear yard being 1,832-sf. The existing single-story additions at the north and west sides of the house will be increased to two stories. The lost front porch at the south façade will be recreated essentially as it was. The proposed two-car garage will provide additional storage for this small home and is minimally sized at 24’ x 22’. All leaders  Page -3- June 3, 2024 will be connected underground to a seepage pit located in the backyard to contain runoff on the site. SEQRA – The proposed action is a Type II action under NYS DEC 617.5 (c) (11) “construction or expansion of a single-family, a two-family or a three-family residence on an approved lot” and, therefore, no further SEQRA review is necessary. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Recommendation – There does not appear to be any issues relative to site plan approval by the Planning Board. 2. 14 South Broadway. Denker Properties. Site Plan application for change to existing storefront. Marcy Denker, owner, states that this application was approved by ARB on May 15, 2024. Julia Dillon, owner of Saffron also owns the chocolate shop down the street. She would like to divide her current store (Saffron) into two spots and put both businesses in same location. The chocolate shop will be on the south side. They might possibly have classes at the chocolate shop. The Chair asks for any comments from Board. Hearing none, she opens for public comment. Hearing none, she closes public comment. Matthew Croussouloudis makes a motion to approve the application as presented. This is seconded by Jennifer Knarich. Vote passes 5-0. Village Planner This is a site plan application for the dividing of the renovation of the existing 1,549 sf storefront. The subject property is occupied by a two-story, mixed-use building on the northwest corner of the intersection of South Broadway and Burd Street in the DMU-1 zone. The Project will include the interior level 2 alterations for the existing storefront with one tenant and two separate product lines. The architect for the Project is DCAK. The application will be presented by Marcy Denker, the owner. There will be a new outdoor LED light bar for signage in a dark metallic finish. The ARB approved a final plan on May 15, 2024 which changed the northern door/wall to straight vs. bump in new door and wall in line with existing wall/same footprint. Decoration above the doors to be raised panel or similar.  Page -4- June 3, 2024 SEQRA Determination - The proposed action is a Type II action based on §617.5(c)(96 NYCRR) “construction of a primary or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use and consistent with local land use controls.” LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Recommendation – There does not appear to be any issues relative to site plan approval by the Planning Board. 3. 55 Catherine Street. Shaban Sinanaj. Continuation of application for subdivision for merger of two lots and the construction of a two-family dwelling. ON AGENDA FOR ADJOURNMENT PURPOSES ONLY The Chair asks about status of this application. She is told by Mary Screene and Bob Galvin that we have not heard from the applicant and no further information has been submitted. After brief discussion with the Board, the Chair asks Mary Screene to draft a memo from the Planning Board making applicant aware that too much time has passed since they have appeared before the Planning Board. They are going to have to reapply as a new application. The Chair moves to close meeting at 7:50 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