Planning Board

Village of Nyack Planning Board February 3, 2025 Members Present: Also Present:______________________________ Laura Rothschild – Chair - present Dennis M. Michaels, Esq. Village Attorney - absent Catherine Friesen (Alternate) – present Manny Carmona – Building Department - present Samuel Hart – present Bob Galvin – Village Planner - present Jennifer Knarich - present Peter Voletsky – present Taylor Light (Alternate) - present Matthew Croussouloudis - absent Meeting opened by the Chair at 7:00 pm. Conflict Check: The Chair polled the members of the Board regarding the issue of possible conflicts of interest regarding any of the applications. There were none. The Chair confirmed that the January 6th Minutes had been distributed and approved. 1. 292 Main Street. 292 Main LLC. Site Plan application to change use from office building to mixed-use building consisting of one commercial space and six residential (one bedroom) units. Amy Mele, of counsel to Ira Emmanuel. We addressed the Planning Board comments from January. ZBA granted variances for dwelling unit sizes, existing setbacks and parking. We assigned parking – 1 per unit and created an area for dumpster and snow removal. We also added flood lights and mail boxes. The Chair states that we are a Climate Smart Community. Is the applicant planning on any Solar? Amy Mele thinks that he would consider it. The Chair also has concerns about entering and exiting parking are from Main Street. It’s very, very tight. Would it be an issue for Emergency vehicles? And is there any room for landscaping – possibly a planter box. Amy Mele believes a planter box is possible. Manny Carmona says he will run it by the Fire Department. They were sent a set of plans as part of GML review. Bob Galvin says that the GML responses should be in Resolution – very specific about who responded and who did not. Rockland County Planning did respond to GML within 30 days.  Page -2- February 3, 2025 NYS Thruway and DOT did not. The Chair asks the Board if they have any concerns or comments. Catherine Friesen asks about downward lights – would they impact cars? Amy Mele says no. The Chair asks for public comment. None heard. The Board agrees to continue this application to allow applicant to investigate possible Solar options. Amy Mele is not sure of the condition of the roof to hold solar panels. The Chair asks Manny Carmona. He states that a design professional would need to inspect and provide a letter stating condition. Amy Mele will investigate and get back to Manny. Peter Voletsky states that they are getting concessions from community so it would be feasible for them to give back. Rest of Board agrees. This application is continued to the next Planning Board meeting on Monday, March 3 rd at 7:00 pm, here in Village Hall. The public hearing was not closed. Village Planner Comments The subject property (292 Main Street) is an existing two-story building located on the north side of Main Street 125’ east of N. Highland Ave. in the DMU-2 zoning district. It has a commercial space on its lower level with offices above. The site has a lot area of 7,366-sf, with 100 feet of frontage on Main Street. The lot is trapezoidal, with the building aligned along the short (east) side and eight parking spaces on the west side in the parking lot. The applicant is seeking site plan approval to convert the rear part of the existing retail space into 2-one-bedroom apartments and on the second floor, office space to be converted into four one-bedroom apartments. The completed project will have 941 sf of retail space on the ground floor and six one-bedroom apartments between the first and second floors with 8 parking spaces. The proposed floor plans have been submitted. The Applicant required to obtain area variances that included the following: Parking: Required: 10 spaces Proposed: *8 Min Dwelling Unit Size (1 bedroom): Required: 600 sf Proposed: 455 sf Rear Yard: Required: 15’ Proposed: 6.7’ Front Yard Required: 15’ Proposed : 8’ The Applicant received all of the required variances from the ZBA at its meeting on 1/27/25.  Page -3- February 3, 2025 GML Letter (Rockland County Planning) dated 12/17/24 The Applicant has responded on 1/2/25 to the County Planning GML letter. The Applicant has addressed all of the County’s comments. • The Applicant updated the plans and bulk table were updated including the FAR calculations. An area has been designated on the plans adjacent to the dumpster for snow removal. A vicinity map has been provided that contains a north arrow and scale. The map includes the requested DMU-2 zoning information and the subject site has been centered on the map. Notes have been provided on the updated site plan that include district details and site-specific information including DMU-2 designation, owner information, and existing and proposed use. As a Climate Smart Community, the Planning Board agrees with the County and requests the applicant to install solar panels on the roof as part of the site plan. Village staff have previously sent out a GML referral to DOT and the NYS Thruway Authority with the original GML referrals on or about 12/4/24. The Planning Board has not received any comments from either agency. Village of Nyack Fire Inspector/Building Inspector are requested to review and ensure that the site is designed in a safe manner and that there is easy access to the structure, in the event of an emergency. The Project was approved by the ARB on 11/20/24. SEQRA – The Planning Board confirmed that the application was a Type II action at its January meeting. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Recommendation - The Planning Board can consider the revision of the site plan to include the installation of solar panels on the roof. The Board can request the development of a draft resolution for consideration at the March meeting. 2. 20 Tallman Avenue. Barbara Howard and Shelley Karliner. Site Plan application for an  Page -4- February 3, 2025 addition and alterations, expand deck, install lift and add balcony off bedroom. Barbara Howard, property owner, states that she appreciates the time and consideration of the Board. She is new to the community – she loves the Village and the people. This is her last house and she wants to “senior proof” it with an elevator. She is renovating bathrooms because they are marble and glass and very slippery. She also wants to add balcony off bedroom as second means of egress. Had a scare a few months ago. She and her wife are both deaf and remove their hearing aids at night. We didn’t hear alarm going off and were woken by police in our bedroom. Will also be adding light up alarms in bedroom. Looking to expand deck as it is currently tight and too small to safely have a bbq as it is too close to house. Stairs are falling apart – very deteriorated and need to be replaced. We want to keep everything in style with the house – just make it safe for us. The Chair expressed concerns about the bbq. Barbara Howard explained that with the expansion of the deck, the bbq would be away from the house. The Chair asked if there were any questions from the Board. Peter Voletsky asks about the elevator. Barbara Howard explains that it is a two-person hydraulic lift. All electricals are on top of the elevator. The Chair opens the meeting up to public comment. No comment. This application is held open until the next Planning Board meeting on Monday, March 3 rd at 7:00 pm in Village Hall. Village Planner Comments The subject property is located at 20 Tallman Avenue on the north side of Tallman Avenue, approximately 133’ to the west of North Broadway. The subject property is 9,879 sf and is in the SFR-1 single family zone. The property is just south of the Village of Upper Nyack. The residence is a large 2 ½ story, Victorian style house built circa 1890. The current owners moved into the house in June 2024. They have made improvements clearing overgrown bushes, and installing a new fence and sidewalk along Tallman Avenue. The purpose of the proposed work is to improve safety without changing the footprint of the main house. The Applicant has provided a portfolio of annotated photos describing the original sidewalk and landscaping conditions, showing the unsafe rear deck stairs and railings, and how the new deck design would correct these unsafe conditions. The Applicant has described the scope of work for the proposed additions and alterations. The Work includes: 1) installation of small elevator (lift) on the west side of the house to accommodate senior residents; 2) expansion of existing bathroom on second floor to  Page -5- February 3, 2025 accommodate a steam shower and accommodate health needs; 3) expansion of deck to add a hot tub and make outdoor (BBQ) and egress safe; 4) add open porch on second floor over an existing screened-in porch. Stormwater will be minimal from the elevator roof and the added bathroom will be under an existing eave with no added stormwater. There is no change to the height which will remain 26’. The size of the residence will be increased by 112’ going from 2,688 sf to 2,800 sf. The required open space is 1,500 sf whereas the existing and proposed open space will remain at 6,900 sf. The rear yard setback is 31.2’ from the house. The expansion of the deck will be 6’ from the house. The Project will require ARB approval. GML referral sent to the Village of Upper Nyack and Rockland County Planning on 1/31/25. SEQRA Determination - The proposed action is a Type II action based on §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. Needs a rear yard variance from ZBA. It will need to go to the ARB and see if there are any GML comments forthcoming from Upper Nyack. 3. 1-3 South Broadway. Kier Levesque. Site Plan application to renovate/reconfigure existing retail and restaurant spaces, basement, and changing second floor personal spaces to 3 dwelling units. Also renovate 2 third-floor units into 3 new units. Kier Levesque, along with the owner, Elliot Berkowitz, is here to present an adaptive re-use of 1-3 South Broadway. The retail space will remain the same. The restaurant will be reconfigured. Moving kitchen. The building is over the property line on the west side. Variances needed for non-conformity. Looking to restore 100-year-old building. This is a Type II action because of adaptive re-use according to NYS DEC SEQRA Handbook. Entire building will be fire sprinklered. The Chair asks about the basement. It used to have a thrift store/bookstore. Kier Levesque says that the basement is now storage only. The Chair would like that to be a condition – that “if basement is used for anything other than storage, applicant would need to come back to the Planning Board.”  Page -6- February 3, 2025 Kier Levesque states that part of the kitchen is currently in the basement. That is going away. They are bringing back the original ductwork. The Chair asks about solar. Kier Levesque says that they talked about it and would like to use it as a density bonus. The Chair also states that she would like to make a condition that the Antique Masters sign be reviewed by the ARB. Manny Carmona states that you need maximum density, not density bonus. The Chair states that solar panels shall be installed to the quantity, degree allowable – 50% of the roof, and will run the common areas electrical. No other Board comments. The Building Department will reach out to Marcy Denker regarding solar – residential and commercial. The Applicant would like to be included in any workshops on this topic. The Chair opens public comment. No public comment heard. Closes public comment. Site Plan and Special Use Permit for 1-3 South Broadway as shown and depicted in plans dated November 5, 2024 by Kier Levesque (9 pages) with the following conditions: Solar panels to power common areas. Antique Masters sign to be approved by ARB The Chair made a motion to approve the Site Plan dated January 17, 2025 with vicinity map and bulk table and special permit to allow adaptive reuse, seconded by Jennifer Knarich and approved by a vote of 5-0. Village Planner Comments The subject property is on the southeast corner of Main Street and South Broadway. The property is in the DMU-1 zone. This application is for the renovation and adaptive reuse of 1- 3 South Broadway. The project will maintain the existing commercial use on the first floor (Antique Store and Broadway Bistro) and reconfigure the existing basement and restaurant space. There are two existing apartments in the building. The Applicant will add 4 more apartments on the second and third floors. This would result in a total of 6 apartments in the building. All the existing windows and storefronts will be replaced. The work includes the entire building and will be upgraded to have a fire sprinkler and fire detection system installed based on the 2020 NYS Building Code. The Applicant is seeking site plan approval and a special permit for the adaptive reuse for residential apartments. Variances are required for existing building encroachment over the front property line, residential density and 2 dwelling units less than 600 sf in floor area. These two units are 554 sf and 547 sf respectively. The FAR and building height exists and are nonconforming conditions that are not changing under  Page -7- February 3, 2025 this application. The parking calculations are based upon the current Supp 33, Jun 2023 Table 4- 2 and VON section 360-4.5 C for adaptive reuse. Retail sales, restaurant, and 4 dwellings units require no accessory off street parking per 3604.5 C for adaptive reuse. The two existing apartments are pre-existing. There is no parking variance required. The site plan survey illustrates the existing encroachment on the S. Broadway side of both buildings. When this condition occurred is unknown but came to light with the new survey. The encroachment is clearly the front structural wall of existing buildings. A small part of the encroachment is due to the installation of a wood framed facade at ground level. The encroachment requires 6 1/4" to come into alignment with the brick face of the buildings. Even though Applicant is reducing the dimension over the front lot line a variance is still required to remedy this existing historical condition. The Project will require ARB approval. SEQRA – The proposed action is a Type II action under NYS DEC 617.5 (c) (18) “reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special-use permit, and the action does not meet or exceeds any of the thresholds in section 617.4” 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 - Applicant has requested to be referred to the ARB and the ZBA. Applicant does not need a formal referral from the Planning Board, he can apply to the ZBA and ARB respectively. As a climate smart community, the Planning Board can recommend that the applicant explore installing solar panels on the roof. 4. 80 Main Street. Hudson Health Extracts. Application to open an Adult-Use Retail Dispensary. Initially medical-use only. Amy Mele, of counsel to Ira Emmanuel and Colin Kelly from Hudson Health Extracts are representing this application. We are looking to put a Medical Marijuana Dispensary in the old Starbucks location. No exterior changes will be made. Displays, safety and security will be most important. Customers have to have to have a Medical Marijuana card issued by NYS. Security guard will check. A Pharmacist will be on staff to help. We will work with Orangetown Police Department for any issues. The Chair states that this is a Type II action and asks if they forsee changing the use from medical to retail?  Page -8- February 3, 2025 Colin Kelly says they are opening 4 locations. A few years from now we can seek a license for a hybrid store in 1 of the 4 locations. We plan to be open from 8am – 10pm Monday – Saturday. The Chair asks how they plan to enforce the No Smoking rule outside facility? Manny Carmona states that tenants are responsible to the curb in front of their property. Their security can enforce on their sidewalk. Catherine Friesen asks about the 2000 feet proximity and the proximity to schools. Bob Galvin states that the distances from houses of worship is 200 feet along the same street and the distance from schools is 500 feet along the same street. Schools are considered K- 12. Colleges are not included with no io impact from the SUNY RCC Program at Broadway and Main Street. The Chair opens public comment. First commenter states that his question was answered by Bob Galvin. Cory Gans of First Avenue says he loves the diversity of Nyack. He has 2 kids and they love to ride bikes up and down Main Street. He has concerns about having this on Main Street right in between Turiello’s and Temptations. Dominick Pilla states that in addition to those places, we have Creative Arts Workshop and House of Rock that have lots of “after school” activities. Loitering is a huge problem. He has brought this up to everyone. Response has been to file a complaint with SLA. It doesn’t go anywhere. Village is not doing anything about the loitering. Lee Vander from Third Avenue. He’s concerned about what this can turn into. It could turn into a mixed use? We already have a Retail Cannabis location – Treehouse. Main Street is not the place for this. It’s a slippery slope. The Chair asked if there was any other public comment. There being no other public comment, she closed the public hearing. One of the board members, Samuel Hart, stated that he can’t think of a worse spot for this use. Dennis Michaels states that it is an approved location so we can’t stop it. You cannot deny the use based on not liking it. Bob Galvin says the use was initially in the CC only. The Village Board asked that it be extended to the downtown. The Board of Trustees held a public hearing on the zoning  Page -9- February 3, 2025 amendment and approved the extension to the DMU-1 zone. The Office of Cannabis Management (OCM) requires that marijuana plants, products, accessories, and associated paraphernalia shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. Windows can be darkened although there may be other options. The Chair asks the Applicant to provide other alternatives. Peter Voletsky states that this was badly drawn legislation. Not a good addition to an important area. The Chair says that we have to make it the best we can and impose conditions such as having their security enforce smoking on the sidewalk. Village Planner Comments The owner and applicant is Hudson Health Extracts LLC d/b/a Gudflwr. The company is in partnership with Merida Capital Holdings, a private equity firm with team of professionals with experience in finance, accounting, pharmaceutical management, cannabis operations and security. The biography of the team members is provided in Appendix A of the Applicant’s information. The subject property is on the north side of Main Street, approximately 37’ to the west of the intersection of Main Street and Broadway. The site is a one-story, 2,323-sf storefront in the DMU-1 downtown district. The storefront was built in 1967 and has a full basement. It was a former Starbucks coffee shop. There is no adjacent parking lot. There are no parking requirements for commercial properties in the downtown district. The Applicant is seeking a special permit from the Planning Board for a Medical-Use Only Retail Cannabis Dispensary. The applicant will receive a license from the Office of Cannabis Management (OCM) after Planning Board approval is provided. Essentially, it will be a pharmacy that is licensed to dispense cannabis products to adults aged 21 and over having a prescription for such products. Significant interior work is proposed, in keeping with applicable New York State regulations. The only signage on the outside with be the name of the company, “Gudflwr”, regulated by OCM. The dispensary will take up the entire building. Entry will be restricted via a secure entry vestibule where identification and age will be checked before customers can enter the main sales floor. A comprehensive Security Plan is provided in Appendix B of Applicant’s information. Dispensary Security Plan - The proposed HHE operated dispensary in Nyack will be a medical only facility. Only prescribed medical patients or designated care givers will be permitted to purchase medical cannabis, facilitated by an onsite pharmacist, at the dispensary. Entry to the facility will be limited to employees, patients, and designated registered caregivers. A security officer and receptionist will be separated from the waiting room by a bulletproof glass  Page -10- February 3, 2025 partition while entry to the dispensing area will be separated from the waiting room and controlled by the receptionist. Cell phones will not be permitted to be visible within the dispensing area. The dispensary will have a policy for a maximum number of clients at one time. All patients and visitors will have their identification cards scanned and checked for compliance. The interior of the dispensary will not be visible from the exterior and no products (nor product names) will be visible to passersby. Prominent signage within the dispensary will remind patients that under no circumstances shall any products be consumed on the premises, nor shall the consumption of food or beverages be permissible. The process for accepting inventory into the dispensary will follow the stringent and detailed process required by law. All products in the dispensary will be kept in the vault location. Strict procedures for waste management and disposal will be followed including the maintenance of a separate, secure quarantine area for returned, damaged, or otherwise compromised packages until these are returned to the cultivation or manufacturing facility to be destroyed. The dispensary will employ a Chief Pharmacist with expertise in the safe and accurate dispensing of medical cannabis. Narrative provided dated 12/20/24 by Applicant’s attorney. The application complies: “No building or structure associated with an adult-use retail dispensary shall be located within 500 feet of any school property (including any property owned or leased by a public-school board), or within 200 feet of a house of worship.” Applicant will comply with operating hours: All adult-use retail dispensaries shall limit their hours of operation from 8:00 a.m. to 10:00 p.m., Monday through Saturday. Applicant complies: Any adult-use retail dispensary must be located in a permanent, enclosed building, and shall not include a drive-up use. The siting of an adult-use retail dispensary must also comply with any limitations as to location set forth in New York State law governing the same. Applicant complies: Marijuana plants, products, accessories, and associated paraphernalia shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable marijuana shall be secured in compliance with applicable federal, state and local laws and regulations. Applicant complies: The adult-use retail dispensary must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business ' exterior refuse containers. Applicant will comply: The adult-use retail dispensary shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior o/ the recreational marijuana business or at any adjoining use or property  Page -11- February 3, 2025 Applicant will comply: The premises shall have in operation a security system approved by the Orangetown Police Department, including alarms and surveillance cameras designed to notify law enforcement officers that a crime or disorderly person's activity is in progress. The management of the retail dispensary must maintain camera surveillance data backup and retain such data for a minimum of 60 days. – Condition of approval Applicant will comply: The Police Department shall be provided with the name and phone number of a contact person to notify regarding suspicious activity during or after operating hours. A burglarproof drop safe that regulates an employee's access to cash shall be used on the premises. – Condition of approval Not Applicable: The exterior portion of an adult-use retail dispensary including parking areas, shall be well lit during business hours. Said lighting shall be designed so as to not unduly interfere with any neighbor's reasonable use and/or enjoyment of the property and shall comply with the Village of Nyack's lighting standards per 360-4.10.- There is no adjacent parking area, nor can one be provided. The building takes up the entirety of its lot. (It is noted that no off-street parking is required for cannabis retail dispensaries in the applicable DMU-I zone.) Not Applicable: Smoking, as defined in 1399-N Subdivision 8 and 9 of the New York State Public Health Law (including but not limited to smoking cannabis and vaping), shall be prohibited within 50 feet of the exterior boundary of the lot on which a retail dispensary is located. Noted. The building takes up the entirety of its lot. Any smoking will occur on the public street, subject to police enforcement. There is no adjacent parking area, nor can one be provided. The building takes up the entirety of its lot. (It is noted that no off-street parking is required for cannabis retail dispensaries in the applicable DMU-I zone.) SEQRA – The proposed action is a Type II action under NYS DEC 617.5 (c) (9) “construction 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 variance.” 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 – It appears that the Applicant complies with the special permit standards and the Planning Board can ask staff to prepare a draft resolution for their March meeting. It should be noted that in researching this application with OCM, it appears that medical dispensary locations are protected by the Proximity Protected Location Map (PLLM) which means that if this location is approved, there cannot be another retail dispensary within a 2000- foot radius of the proposed site.  Page -12- February 3, 2025 5. 90 Main Street. Dominick Pilla. Site Plan application to make storefront modifications. Dominick Pilla wants to make storefront modifications. 10 feet high, 25 feet wide. I asked to have this waived. What do you want to ask me? Tenant wants to redo facade. The Planning Board does not have any jurisdiction. The Chair asks if there is a new tenant. Dominick Pilla says it is staying as Poncho Villa. There is one tenant upstairs. We’re just improving the facade. The Chair opens public comment. None heard. Public comment closed. This is a Type II action. The Chair makes a motion to accept application as submitted with 8 pages of plans dated 1/10/25. Seconded by Jennifer Knarich. Vote passed 5-0. Village Planner Comments The reason for the site plan review is the code requirement referring to “changes in site characteristics”. The subject storefront is located on the north side of Main Street approximately 180’ to the west of the intersection of Main Street and Broadway. The property is in the DMU-1 zone. The storefront is currently vacant. The project focuses on aesthetic improvements to the storefront to give it a more traditional look. The existing windows, which are damaged, will be replaced, and the storefront will be redesigned to reflect a historically appropriate character for the building and surrounding area. Additionally, the doors providing access to the second- floor apartment and the commercial space will be relocated. However, these doors will continue to serve their original function. These changes are purely aesthetic and aimed at restoring and enhancing the building's appearance while preserving its original use. Scope of work includes replacement of windows and doors, upgrade flooring and knee walls. Additionally, work will include new reflected ceiling, lighting and modification of fire alarm system. The application will require ARB approval if not already received. SEQRA – The proposed action is a Type II action under NYS DEC 617.5 (c) (9) “construction 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 variance.” 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.  Page -13- February 3, 2025 Recommendation – There does not appear to be any issues relative to site plan approval by the Planning Board. 6. 80 South Broadway. DR Pilla. Site Plan application for the demolition of existing gas station and construction of a new 4-story mixed-use building containing retail space on ground floor and 18 residential units on upper floors. Parking will be provided in the cellar and in front of building. Sarah Murray from DR Pilla is representing this application. She states that this application went to ARB in February and March of last year. They are looking to demolish the existing gas station and build a multi-family building with retail on the first floor with 5 parking spaces including plus one handicapped spot. Remaining parking is in cellar. Project is 6000 sq ft total with a mixture of studios, 1 bedrooms and 2 bedrooms. Terrace in back for tenants. Density bonus with Green Roof FAR and 10%. The Applicant is seeking Special Permit from Village Board for 4th floor. We have addressed comments from Village Engineer, Health Department and Orangetown Sewer. Still working through Fire Department comments. We are looking at the 4th story rendering only. The Chair asks if the applicant will be removing clothing drop box and UPS box. Answer is yes. She indicated that the proposed action is an unlisted action and she asks that the Planning Department staff send out a Notice of Intent (NOI) for the Planning Board Lead Agency. The Chair opens public comment. Steven Honan, attorney for Keith Taylor of Hannemann’s. We did appear before the ARB with objections that we have about this project. He states that it is contrary to the Village Comprehensive Plan of 2016, section 10, page 184. Future Land Use Plans – new buildings along prospective street without large interruptions of street scape. There is a continuous facade of buildings along Broadway. He also questioned if the property was properly posted. Asks if we have received a GML response from Rockland County Planning. Also, how is project going to impact properties to the left and right of it. We believe this property is being overdeveloped. The scale is out of proportion with the rest of South Broadway. Jennifer Knarich makes a motion to declare the Planning Board’s intent to be Lead Agency. This is seconded by Sam Hart. This is an unlisted action. Vote 5-0. This application is continued to the next Planning Board meeting on Monday, March 3 rd at 7:00 pm in Village Hall.  Page -14- February 3, 2025 Village Planner Comments The Subject Property - is 12,001 sf and located in the DMU-1 zone on the west side of South Broadway, approximately 75 feet north of Cedar Hill Avenue. The site is fully improved with a gas station, deli, and associated infrastructure to support both uses. The applicant is proposing to demolish and remove all improvements and construct a 4-story, mixed-use building. The proposed building is setback 38.4’ from South Broadway with 5 angled parking spaces including 1 handicapped space in the front of the building and 16 spaces in a garage under the building. Access to the garage is on the north side of the building. The proposal is for 18 residential units with 21 parking spaces. The proposed building would have a 1,900 sf first floor rear terrace. The first floor would be retail. The property would be adjacent to Hanneman’s Funeral Home to the south and a three-story, apartment/retail building to the north facing South Broadway. The rear section of this 3-story building lowers to one story where the residential building is proposed. The unit mix includes: 6 studios, 9 one-bedrooms and 3 2-bedroom units. All of the units meet the square footage in the Village code. Proposal – the basic density of the project would be 14 units and 2.0 FAR. It includes a 4 th story at a height of 43’. The applicant has used a green roof as a sustainability incentive (Green Roof) to add 0.1 to the FAR resulting in 2.1 FAR and a 20% density bonus for 3 additional units. The Applicant has also referred to the 10% bonus for affordable units resulting in two affordable units for a total unit count of 18 units. Under § 360-4.14 D. (3), the language allows “for multifamily developments, the density bonus in the allowable number of units is 20%.” For commercial and office buildings, the incentive would be a bonus of one square foot for every square foot of green roof provided, not to exceed a total FAR increase of 0.25. The FAR bonus applies to mixed use. Special Permit - The 4th floor requires a special permit from the Village Board of Trustees under § 360-2.4B(2)(b) in the Village Code. The Village Board may allow building height to be increased to four stories and no more than 48’ (the applicant proposed only go to a height of 43’). In order to achieve the special permit building height, Applicant must provide the public benefit features specified in the code and pay a fee (calculated at a minimum of 10% of the market value of any additional 4th floor space proposed as determined by the Town Assessor. Proposed Public Benefits – 1) providing parking spaces for short term use beyond that which is required to serve the project proposed and designed to mitigate the problems of traffic and congestion in the downtown area – applicant is providing two additional on street parking spaces; 2) special landscape design features and improvements available for public; 3) the removal of existing features which detract from the function and/or appearance but not limited to overhead utilities, unattractive structures and other such features.  Page -15- February 3, 2025 The Planning Board can explore possible public benefits with the applicant, but it will be up to the Village Board to approve the final benefits associated with their special permit. Applicant’s Narrative dated 1/8/25 indicates that an alternative Proposal with schematic plans and renderings for a possible as-of-right three-story building. This three-story proposal would not require any special permits or zoning variances and would comply fully with the existing zoning requirements. This alternate submission was not with the materials provided to the Planning Board. GML Comments The Application was sent out for GML comments. The Planning Board received comments from the Town of Orangetown Department of Environmental Management and Engineering (1/21/25) relating to sewer requirements. GML received from the Rockland County Health Department dated 1/28/25. We have not yet received comments from Rockland County Planning. ARB Minutes - Additional information was provided by the ARB which provided the minutes of its last meeting with the applicant. Review dated 1/27/25 was received from the Village Engineer and provided to the Planning Board. Comments will be provided for the applicant to address. Village Engineer Review - The Applicant has provided stormwater plan which had been forwarded to the Village Engineer – the Village Engineer has included her stormwater comments with her review. Other information provided by the Applicant includes: Architectural drawings, Civil drawings, a Powerpoint presentation by the architect showing the renderings of the project, and a Narrative describing the project. SEQRA – The proposed action is an unlisted action under SEQRA. It is the intention of the Planning Board to be the lead agency for the SEQRA review. Staff will send out a Notice of Intent (NOI) to act as the Lead Agency to involved agencies. The applicant has provided a full EAF (Part 1) for the Planning Board. The Applicant should also complete a Waterfront Assessment Form to assist the Board in evaluating the LWRP Policies. The Chair closes the meeting at 9:44 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