Planning Board Meeting

Village of Nyack Planning Board JULY 1, 2019 Minutes Members Present: Also Present: Peter Klose - Chair Peter Voletsky Don Yacopino - Chief Building Inspector Seth Kestenbaum Bob Galvin—Village Planner Alan Englander Karen Roberts-alternate Don Wilen Absent: Call to Order: on 7:02 PM. Conflict Check: The Chairman polled the members of the Board regarding the issue of possible conflicts of interest regarding the application. All affirmed there were no conflicts of interest or reasons for recusal, unless otherwise noted. Other Business: Motion to approve the June 2019 Minutes-- made by Englander. Approved by a Vote of 5-0. 1. 60 Cedarhill Avenue. Pavion. Request for an administrative extension of existing Building Permit pursuant to Article V, VON360-5.5A, which grants authority to the Planning Board to extend the duration of the permit which expires on July 23, 2019. This is not a public Hearing matter -- SEQRA – the Planning Board has previously issued a Negative Declaration on this project. The Project has not changed from the previously approved plans. The Board can approve the extension of site plan for the Pavion project. Tim Bergudo represented the owner. BOARD The Planning Board hereby grants the New Extension of time to commence construction of the Project for a period of one year; with the time to complete construction of the Project being predicated upon receipt of a building permit. Except as otherwise expressly provided herein, all conditions of the original conditions, resolutions and Site Plan approval shall remain in full force and effect, together with any and all additional requirements by the Building Department. Moved by Peter Klose—Seconded by Kestenbaum -- Vote 5-0 to extend the approvals both site plan and for building permits for one year is approved. 2. 46 West Catherine Street. Ken Chin. Application to remove 3 trees. Property is in TFR zoning district. Arborist’s report included. 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. Building Inspector-- Arborist’s report finding need to remove. Applicant-- Application to remove three (3) trees. Property is in TFR zoning district. Showed photos of the location of the tree near the rear step-- applicant has planted shrubs and other vegetation within the last three years and does not want to plant other vegetation. No questions/comments.  Village of Nyack- Planning Board - (1ST JULY 2019) Building inspector and the applicant will work together to determine if sufficient foliage has been planted to ameliorate the removal of three trees/ PUBLIC-- no one from the public wished to be heard. BOARD-- Motion by Klose to close the public hearing. Seconded by Englander - Motion to close the public hearing passed. Vote 5-0 to close. BOARD -- Chairman Klose - made a motion to accept and designate this as a Type II action and to approve the removal of the three (3) trees subject to replacement of foliage at the discretion of the applicant and building department if not already planted. Seconded by Kestenbaum; Vote 5- 0- application approved. 3. 160 North Midland Avenue. Nyack Hospital. Application to remove 5 trees. Property is in Hospital (H) zoning district. Request is to remove trees on hospital property causing damage to the sidewalk on Fifth Avenue between North Midland Avenue and Route 9W as part of a proposal to replace entire sidewalk. Arborist’s report included. Applicant has submitted the original landscaping plan associated with the Cancer Care Center project, indicating trees designated to be removed. The Building Inspector has provided the applicant with the list of Village approved street trees. He has also provided the original landscape plan approved by the Planning Board in 2009. 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— Applicant promises to replace the tree with Japanese tree lilac, eastern redbud, or conelliancherry dogwood trees- as specified on the plans-- trees that will not cause damage to the sidewalk and avoid the thirty foot wires above, only 4 foot planting area-- replacement of trees-- undertaken to replace the entire sidewalk-- 3-4 inch caliper plantings. Public Comment - NONE BOARD-- Motion by Peter Klose to close the public hearing application to remove trees and install new sidewalk. Seconded by Wilen - Motion to close the public hearing passed. Vote 5-0 to close. BOARD -- Chairman Klose - made a motion to accept and designate this as a Type II action based on: 617.5 (c)(10) and to approve Tree Removal and Replacement Application, subject applicant planting replacement foliage as set forth in the notes and application replace the removed trees. Seconded by Englander; Vote 5-0- application approved. 2  Village of Nyack- Planning Board - (1ST JULY 2019) 4. 22 Catherine Street. Mariella Erice. Site Plan application to permit parking of two cars in front yard and referral to the ZBA for required area variances associated with a proposal to convert from a single family to a two family residence. Property is in TFR zoning district. Building Inspector-- The following area variances are required: 1. From Article IV, VON§360-4.5D(1) for parking more than one car in the front yard. 2. From Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a lot area of 4,350 sq. ft. where 10,000 sq. ft. is required. 3. From Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a lot width of 58 feet where 75 feet are required. 4. From Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a minimum lot depth of 75 feet where 100 feet are required. Planner’s comments- It appears that this is a substandard lot similar to many of the other properties on Catherine Street. There will be no enlargement of the structure and two driveways exist on either side of the residence. SEQRA – 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”. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. I reviewed the tax maps and did a visual analysis of Catherine Street. There are 22 lots on the north side of East Catherine Street. The subject property is approximately in the middle of the block. The zoning minimum lot size requirement for a one family is 5,000 sf and for a two family it would be 10,000 sf. The subject property is 3,049 sf. The average lot size of the 22 lots is 3,275 sf. Thirteen of the lots are below 3,300 sf (similar to the subject property); another five are 4,000 sf with one at 5,250 and two at 6,000 sf. Over 90% of the properties along East Catherine Street are sub- standard. There are a total of seven two-family residences on Catherine with 3 three family houses or almost 45% of the properties. The adjacent residence to the subject property is a three family residence and a two family is just east. Both of these are on 3,200 sf lots. All of the two and three family residences are on the north side of East Catherine Street. Applicant- Paul Ferguson-- parking is off-street- Chairman Klose commended the Board to recent article in the NYTimes -Single-family zoning is practically gospel in America, embraced by homeowners and local governments to protect neighborhoods of tidy houses from denser development nearby. . . . A reckoning with single-family zoning is necessary, they say, amid mounting crises over housing affordability, racial inequality and climate change. But take these laws away, many homeowners fear that their property values and quality of life will suffer. The changes, opponents in Minneapolis have warned, amount to nothing less than an effort to “bulldoze” their neighborhoods. In this case, there are several variances needed. BOARD- Motion by Peter Klose to close the public hearing relative to the ZBA application for a referral to the ZBA as to the area variances. Seconded by Peter Voletsky - Motion to close the public hearing passed. Vote 5-0 to close. BOARD - Chairman made a positive recommendation to the ZBA citing all of the other homes in the neighborhood (notes above) the fact that this is a TFR zone and that there will be no change in the footprint of the building-- to encourage 3  Village of Nyack- Planning Board - (1ST JULY 2019) housing affordability, racial equality and reduce climate change. - Seconded by Alan Englander-- Vote 5-0 for positive recommendation. BOARD- Motion by Peter Klose to close the public hearing relative to the site plan application dated 1-11-2019. Seconded by Peter Voletsky - Motion to close the public hearing passed. Vote 5-0 to close. BOARD -- Chairman Peter Klose - made a motion to accept and designate this as a Type II action based on: 617.5 (c)(11) and to approve the Site Plan Application dated (survey January 11, 2019) with an application of four pages-- site plan and A-1 through A-3, subject to reasonable conditions imposed by the ZBA, seconded by Voletsky; Vote 5-0- site plan application approved. 5. 249-259 Main Street. Bob Silarski for Jed Realty. Continuation of Site Plan application to demolish existing buildings and construct a 26 DU multifamily building, subdivision and special permit for the merger of two lots. Request for recommendation to ZBA for required Area Variances. Property is in DMU-2 zoning district. Building Inspector-- Area variances will be required from: Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for a four-story building where 3 stories are permitted; Article III, VON§360- 3.2E(10)(d)[1] for proposed rooftop solar energy collectors in excess of 1,000 sq. ft. Building Height, in feet, is code compliant. ● Development will require Subdivision for merger of lots and a Special Permit for the Subdivision, applications for which have not yet been submitted. ● With a lot area of 16,701 sq. ft. (approximately 0.38 of an acre), at 50 DU/Acre 19 DU’s are permitted. An additional density increase of 30% for proposed sustainable resources is permitted, resulting in an additional 5 DU’s. By providing the required 10% Affordable Workforce Housing Units an additional 10% increase in density (2 DU’s) is permitted, bringing the total number to 26 permitted Dwelling Units. ● Site Plans, Project Narrative, Sustainability Narrative, Landscape Plans, Sight Line Profile and Traffic Impact Study submitted. ● Application had been sent for review under GML requirements on 9/19/2017. Original and amended reports from Rockland County Department of Planning included. Revised plans submitted for GML review on May 1, 2019. Revised plans submitted for GML review on May 1, 2019. Applicant has provided revised information for June 3, 2019 meeting. These include elevations and site plan. It shows that the height of the building from the south elevation from Depew Avenue is approximately 30’ since the top floor has been set back. Prior Notes- The Chair stated at the 5/6/19 meeting that the board needs to wait for GML review, 4  Village of Nyack- Planning Board - (1ST JULY 2019) get report from traffic consultant, come back next month for Neg Dec as drafted by Village Planner for the Board’s consideration. Asked for rendering of front and back with landscaping. This has not been provided. The proposed streetscape should be provided for the Main Street frontage. Village Planner – Mike Galante of FP Clark provided a final review dated 6/14/19. His report summarized his traffic review of the project including applicant’s latest submitted traffic study, internal circulation, trip generation, stopping distance. Mike Galante of FP Clark- Site Traffic Provisions – As noted above, the Applicant’s proposal is to provide all access to and from Main Street and limit all movements to right turn movements in and out of the Subject Property. We agree with this access control restriction; however, the current plan does not indicate the method to restrict left turn movements at the site drive. 2020 Build Traffic Volumes – The Applicant added the site-generated traffic to the no-build traffic volumes, which were previously described. The site traffic added to the no- build represents a build condition for purposes of completing this analysis for each of the intersections. Capacity Analysis Results – The Applicant completed capacity analyses for each of the intersections for existing, no-build and build conditions. The results of the analysis indicate that motorists are experiencing traffic delays at the U.S. Route 9W/Main Street/NYS Route 59 signalized intersection under current conditions. Specifically, these delays are identified at the northbound approach to this intersection during both the weekday morning and weekday afternoon peak hours. At the other signalized intersections along Main Street and South Midland Avenue at Depew Avenue both intersections operate at acceptable Levels of Service “C” or better overall and for each of the approaches. The unsignalized intersection of U.S. Route 9W at Depew Avenue operates at Level of Service “D” during both the weekday morning and weekday afternoon peak hours for the westbound approach to the T-type intersection. Under a no-build condition, results of the analyses generally remain the same, except for the Depew Avenue westbound approach to U.S. Route 9W, which will operate at Level of Service “E” during the weekday morning peak hour. There is no analysis for a left turn movement at this intersection since it is prohibited during the afternoon peak period. Under a build condition, results of the analysis indicate that area roadways can accommodate the additional traffic related to this proposed residential development, with little or no change to overall operational characteristics or Levels of Service. Based on the results of these analyses the Applicant has not indicated any need or any recommendations to modify operational characteristics, such as traffic signal timing or modification to STOP sign control to accommodate the additional site traffic. Based on our review of these analyses, we agree with this conclusion. Accident Experience – In this Traffic Report, the accident data obtained from the Orangetown Police Department reflects a 2014 through 2016 database. It is our opinion that the Applicant had sufficient time to update the accident analysis and 5  Village of Nyack- Planning Board - (1ST JULY 2019) should have requested updated accident data from the Orangetown Police Department to reflect the most recent three-year period for the Study Area intersections and roadway segments and specifically for Main Street near the Subject Property frontage. However, based on the results of the accident data previously submitted to the Village and again submitted for this Application indicates generally a low number of accidents identified on the roadways near the Subject Property. Site Plan Review -As noted above proposed access to the Subject Property is from Main Street and will be restricted to right turn movements in and out of the Subject Property at one driveway. This will be a two-lane access drive and internal aisle within the parking area. The aisle width will be 24 feet and the proposed driveway will be 20 feet wide. Although the Village standards require a driveway width of 20 feet, it is our recommendation that the curb cut provided accommodates a turning vehicle into the Subject Property at a reasonable speed so not to slow down and create short-term traffic congestion or the potential for rear-end collisions on Main Street along the site frontage. The internal parking layout consists of 90 degree parking and tandem parking spaces for 4 vehicles. Based on our review of the proposed layout parking area to be located partially under the proposed building, there is no area for turning around if all parking spaces are occupied. There is a limited area at the southerly terminus of the rear parking aisle to turn around; however, it will be difficult. Furthermore, parking space #30 should not be considered a legal space since the motorist must drive through the handicap space staging area. We consider this an unsafe condition. A review of the proposed site access drive and connection to Main Street does not physically or in any way indicate that left turn movements in and out of the Subject Property would be prohibited. Therefore, the Applicant should develop concepts to physically restrict left turn movements in and out of the Subject Property. This must include some type of pavement treatment on the sidewalk, which is pedestrian friendly and include appropriate traffic control signing, such as NO LEFT TURN signs across from the site driveway on Main Street for both exiting and entering movements and a NO LEFT TURN sign on the driveway itself within the parking area to discourage this movement. Further, pavement markings on the exit lane from the parking area should include a white right turn arrow clearly indicating a right turn is only permitted when exiting the site driveway. In any design of this center raised or mountable median, with potentially a different type of pavement treatment, must also accommodate emergency vehicles or larger vehicles that may enter the Subject Property; although it is unlikely that emergency vehicle would enter the parking area and be under the building. The Board has received Rockland County Department of Health’s request for a capacity analysis of the sanitary sewer to be submitted by Applicant’s Engineer. The Applicant’s engineer has discussed this with the Rockland County Health Department and has put them in touch with the Orangetown sewer department engineers (see below). Bob Galvin - Village Planner FOR JULY 1, PLANNING BOARD MEETING. Applicant has provided 6  Village of Nyack- Planning Board - (1ST JULY 2019) revised information for July 1, 2019 meeting. Applicant has addressed May 28, 2019 comments from Rockland County Planning Board. Applicant has met with the Commissioner and Deputy Commissioner of Rockland County Planning and addressed their GML comments (5/28/19). Applicant has provided a response (6/26/19) addressing the project revisions discussed at the meeting. Applicant’s engineer is meeting with the Village Engineer to address her comments and is speaking with the Rockland County Department of Health and Orangetown Sewer Department regarding the sanitary sewer comments from the County. Bill McDowell of Nyack Ambulance Corp and Chief of Nyack Fire Department, Brian Knecht reviewed the proposed construction on July 17, 2019. The Ambulance Corp vehicle is too high to get from the front to the rear of the building. The elevator is in the northernmost portion of the building. Mr. McDowell would like to be assured that his ambulance can pull completely off the road onto the property. The Fire Department Chief is concerned about the difficulty of fighting a fire from the front of the building only. Fire trucks will be unable to reach the rear parking area. Hose would have to be pulled from the nearest fire hydrant on Main Street. A standpipe was requested in the vicinity of the parking area. An Aerial Fire Apparatus Access Road is required: §FCD105: AERIAL FIRE APPARATUS ACCESS ROADS §FCD105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. §FCD105.2 Width.-- Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. §FCD105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. §FCD105.4 Obstructions.Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. The only place that can provide the required aerial fire access is from Main Street. The road width of Main Street, however, varies from east to west, where the road widens. The fire department plan would be to place aerial ladder trucks nose to nose on Main Street directly in front of the building. The fire chief’s concern is that there is not enough operating room around the vehicle to the east unless cars now permitted to be parked on the north side of Main Street are removed. Another possibility that might be beneficial would be to move the building to the south several feet. I have requested the architect to place these dimensions and vehicles on the plan. Additionally, Section 503 of the International Fire Code grants authority to the fire code official to request additional life safety measures. In this case, regarding the current proposal, the Village Fire Inspector would request the removal of parked cars along the north side of Main Street and the establishment of a striped NO PARKING – FIRE LANE. 7  Village of Nyack- Planning Board - (1ST JULY 2019) Fire Inspector Report -MANNY CHARMORA- (July 1, 2019) Ref: 253 Main St. Multifamily Residential Development- An Approved fire apparatus access road shall be provided for every building and portions of the building exterior walls of the first story shall be accessed within 150 feet. Although this building is equipped throughout with an automatic fire sprinkler system; as the fire code official I have determined that additional space is required on Main Street for the Fire Aerial Apparatus.This is based on the potential for impairment of this single road by vehicle congestion, condition of terrain, climatic conditions, building limited access, length and height of building and other factors that could further limit firefighting abilities to the fire department and other emergency vehicles. Request and highly recommend that all parking spaces directly in-front of this property on the both sides of Main Street be eliminated and be used for fire department access only. "NO PARKING - FIRE LANE" signs shall be posted and marking/strapping on the road are required. This is a public safety concern for the protection of the occupants of this building, the neighbors and the emergency responders. Please let me know if you have any questions on this matter. Thank you for taking this serious matter into account. REVISED SITE PLANS RECEIVED 6/27/2019-- The Village Fire Inspector and I met with Fire Chief Brian Knecht to review revised plans. The building appears to have been moved 3.3 feet to the south to accommodate the required 26 feet wide Aerial Apparatus Access Road commencing a minimum of 15 feet from the building, which in this case will be Main Street. Recent information from the fire chief indicates that the bottom his vehicle outriggers are required to be placed on the same plane, which necessitates the extension of the access road further into Main Street, leaving only a 7 feet area for parked cars. The location of aerial ladder trucks on Main Street is immediately adjacent to the parked cars on Main Street, limiting placement of the vehicle and movement of Fire Department personnel around the fire fighting vehicle. The Village Fire Inspector and the Fire Chief are requesting a striped Fire Lane to be established on the north side of Main Street, which would require the removal of several parking spaces, pursuant to the authority granted to the fire inspector by Section 196-19A of the Code of the Village of Nyack and Sections 501.3 and 503.3 of the 2015 New York State Fire code. Keep in mind, Main Street is the only fire apparatus access to this building as proposed. Village Planner – The questions above regarding ambulance and fire access for fire- fighting need to be resolved by the Applicant and approved by the Building Inspector. The applicant has revised the site plan to provide the minimum aerial fire access of 41’ between the north side of Main Street and the northernmost face of the building. The entire building has been shifted southward approximately 3' as well as other modifications. This results in a rear yard setback of 64.8’ from the residential property to the rear instead of 68’. The total distance of the proposed building from the southern curb of Depew Avenue is now 189.8’ instead of 193’. The developer exceeds the front setback from Main Street by proposing 15.3’ from the curb to the northernmost face of the building (instead of the required 10’). The applicant now has 33 parking spaces instead of 34 (30 spaces plus 3 tandem spaces). At the June meeting, the Village Planner spent more than an hour going through both Part I and Part II of the EAF - each question of the EAF Part II was reviewed with the Board -- identifying the issues, explaining the mitigation. The Village Planner has developed a draft Negative Declaration for consideration by the Planning Board. The Neg. Dec. describes the 8  Village of Nyack- Planning Board - (1ST JULY 2019) proposed action, the revised plan and how it differs from the original site plan. It addresses the GML comments, sanitary sewer capacity, final traffic review by FP Clark and the building setback from Depew Avenue, parking, traffic and circulation, stormwater management, sanitary sewer analysis, lighting, emergency access and environmental constraints. The document reviews the mitigation measures proposed by the revised plan. The rear yard setback has been increased from 60’ to almost 65’. The Applicant has used only 30% for sustainability amenities and has not maximized the sustainability bonus. Sustainability allows a maximum of 40% which would have resulted in two additional units or a total of 28 DU’s. The Applicant is requesting a variance to allow a fourth story for the most northerly 101' of the building; past this point, the building will be three stories with a top floor setback of 14’ at its southern end. The total length of the proposed building is 116’ whereas a maximum of 161’ would be allowed if the project used three stories for the entire length of the building. The height of the building complies with the 40’ maximum height limitation of the Code and will be significantly shorter at its southern end. The existing site does not contain a stormwater management system. The new stormwater management system proposed for the project provides for stormwater infiltration and consists of five dry wells connected by 6” pipes from the roof leaders and a 12” pipe to the two catch basins in the parking garage with an overflow pipe connecting to the 18” Village stormwater pipe in Main Street. The roof leaders are all connected to the dry wells. The Applicant’s stormwater system is required to attenuate the post development twenty-five- year design storm, twenty-four-hour peak discharge rate to predevelopment. The Coastal Assessment Form (CAF) has been provided for this project. Village Planner has provided a memo dated 6/7/19 reviewing the CAF and the development’s consistency with LWRP policies. Since this is an upland site, very few of the policies apply. Policy # 13 (Stormwater) has been addressed in the 6/7/19 memo. Based on this review, I believe that the Board can make a finding that the Application is consistent with Chapter 342 and the policies of the LWRP. Village Engineer Letter (6-28-19) I offer the following comments: MOST OF THIS IS ADDRESSED TO SITE PLAN AND NOT THE REFERRAL TO THE ZBA AND NEG DEC. 1. A boundary and topographic survey of the subject parcel shall be provided as part of the plan set. 2. The existing topographical features and grades on all adjoining properties shall be shown along the property frontage to depict a clear understanding of the transition of the sidewalk at the east and west limits of the site. Sidewalk location, width and elevation shall be shown. 3. The plan notes textured concrete sidewalks will be installed. A detail of the streetscape along the full property frontage shall be provided indicating the specific design and placement of textured concrete. 4. The plan now depicts by note that six steps are needed to enter primary entrance on Main Street. The steps shall be shown on the plans. 9  Village of Nyack- Planning Board - (1ST JULY 2019) 5. ADA access is provided through the ADA ramp on the west side of the building and across the garage access drive to the elevator. Signage should be provided clearly noting the ADA accessible route. 6. Spot grades have been provided along the ADA access ramp. Additional consideration is needed to ensure the access drive (180.5) does pitch back towards the door (180.25) and cause water to pond. 7. A striped crosswalk shall be provided from the ADA ramp to the elevator. Signage shall be provided to alert motorists to yield to pedestrians in the crosswalk. 8. The Parking Layout shall provide dimensions of parking stalls. 9. The Erosion Control Plan shall be designed in accordance with the current regulations. All standard notes, details, construction sequence, and erosion control practices shall be shown. 10. The southeast corner of the site now has a proposed retaining wall to facilitate regarding the site for the rear parking area. Fence should be added on top of the wall. Additional spot elevations shall be added along the full length of the wall. 11. The snow storage area is located on the higher side of the parking area thus will cause an icing condition as the snow piles melt. Snow removal may be needed for this property. 12. It is my understanding clear height is not provided through the garage sufficient for allow for snow plowing and will be cleared by hand. How will the maintenance vehicles travel to the rear parking area to maintain the stormwater management system? 13. The grades within the garage have been shown. The access aisle is at a 10% grade. 14. The plan now depicts an EMS vehicle staged within this access aisle blocking ingress and egress to the parking areas. How is the driver to know where to stop to avoid damage to the vehicle? The feasibility of providing EMS services on a 10% grade should be evaluated. 15. It seems prudent to increase the clear height so the EMS vehicle, and other maintenance vehicles can safely access the site. 16. The Stormwater Management Plan shall include site specific grades of structures and inverts including the overflow connection. 17. Details of the five unit seepage pit system shall be provided. The grate on the pits shall be set slightly below the finished grade to allow for stormwater to enter the system and not sheet flow towards the garage. 18. The grate elevation and inverts of the catch basins within the garage shall be provided. 19. The material, slope and inverts of all of the stormwater pipes shall be shown. 20. A SWPPP remains to be provided. 21. If permeable pavement or infiltration systems are being proposed as stormwater management measures soil testing will be required to verify percolation rates. 22. Sight lines along Main Street shall be shown. 23. Additional Top and bottom of retaining wall grades shall be shown throughout the plan. 24. Structural details and calculations will be required to be submitted for any retaining wall in excess of four feet in height. Certification from a licensed professional ensuring the wall was constructed as designed will be required to be submitted to the building department upon completion of the wall and prior to any certificate of occupancy being issued. 25. A Stormwater Maintenance Agreement will be required to be executed between the Owner and the Village. The Agreement requires the inspections of the stormwater 10  Village of Nyack- Planning Board - (1ST JULY 2019) system including green infrastructure amenities to be performed each year by a Professional Engineer on behalf of the Owner and a report submitted to the Village building department each year. The report shall document the findings and certify any required maintenance work was satisfactorily completed. 26. A preliminary Lighting Plan has been provided. A full design shall be provided with spot intensities, lighting fixtures, mounting height, lighting specifications and details. One wall mounted light is not sufficient to illuminate the rear parking area. 27. All construction details shall be provided. July 1, 2019 From: Fire Inspector's Office To: Don Yacopino and Planning Board Members Applicant- Applicant’s Attorney, Ira Emanuel. - wants the Neg. Deck and recommendation allowing the applicant to go before the ZBA for the necessary variances. Bob Silarsky, Applicant’s Architect - Responded in letter dated 6/26/19 to Rockland County Planning Letter to Nyack Planning Board dated 28 May 2019 regarding the above-captioned project. As a record of that meeting and in response to the letter, we respectfully offer the following responses numbered as per that letter: 1 The site plan has been separated into five (5) separate; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 2 All items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 3 The rolling door will be identified, and all other items have been addressed to the satisfaction of the RC Department of Planning. 4 Yard measurements provided; all items in this comment have been addressed to the satisfaction of the RC Department of Planning. 5 Parking layout has been modified; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 6 Parking layout has been modified; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 7 Parking spaces have been numbered; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 8 Emergency vehicles and fire apparatus will not have access to the parking area; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 9 Dumpsters will be manually wheeled to curb for pickup; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 10 Snow will be removed by snow blower, which will have the ability to blow snow over parked cars to the sloped northern perimeter of the planting area and to the 20’ x 20’ designated snow storage area. All items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 11 See 10 above. 12 Roof plan including solar panel layout was presented; all items noted in this comment 11  Village of Nyack- Planning Board - (1ST JULY 2019) have been addressed to the satisfaction of the RC Department of Planning. 13 Top and bottom wall elevations provided; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 14 Silt fence is required only at the downhill extent of the site; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 15 Acceptable lighting plan provided; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 16 Pedestrian access explained and clarified; all items noted in this comment have been addressed to the satisfaction of the RC Department of Planning. 17 Will comply with the comments in the 7 May 2019 letter from the RC Department of Health. 18 The Village of Nyack is to supply NYSDoT with required documentation. 19 Will comply to the extent under our control. 20 Will comply to the extent under our control. E-MAIL correspondence (7-1-19) from Arlene Millar concerning Rockland County Planning Comments: Good afternoon, The newer set of plans that you provided during our meeting last week addressed most of our comments in our May 2019 review letter. As indicated in your letter emailed, comments 17, 18, 19, & 20 must still be complied with. Thank you for taking the time to sit with Doug and myself regarding the project, and explaining the changes made based on our comments. The site plan changes have resulted in a much more readable plan, and the modifications made to address our comments seem to have resulted in an overall better layout. Thank you again. Regards, Arlene Arlene Miller Principal Planner Rockland County Department of Planning Harry Baker (applicant’s traffic consultant). Site needs 309 feet from intersection for sight stopping distance (SSD) to be safe. This proposal has 482 feet of sight stopping distance (SSD). Recommends right turn out ONLY. No left turn in or out. PUBLIC: Joe Brady Amoon-- concerned about rooftop garden-- no good for residential garden-- rooftop garden-- lights, conversation-- voices and music. regulated if in a bar-- does not want rooftop garden-marketed as right on a residential neighborhood-- does not want the grant of the variance-concerned about the height of the property worried about the four story variance-- arguing that the height will be seen from the south side of Depew Avenue. Peggy Brady Amoon-density is a problem- number of bonus unit reason for three story-- building is going to be tall-- very large building-- calculations-- still have same viewshed from depew-- proposed gardens-- rooftop garden. Village Planner clarified that the Applicant did not maximize the maximum of 40% for the 12  Village of Nyack- Planning Board - (1ST JULY 2019) sustainability bonus and instead used only 30% which results in two less units. Klose- Neg Dec as drafted by Village Planner for the Board’s consideration. Asked for rendering of front and back. Public Hearing continued upon return from the ZBA as to the two variances. Asked that the ARB be consulted before any further site plan review. Board- Klose asked for the terms of the Neg. Dec., Revised Site Plan - What follows are portions of the much longer Negative Declaration which was approved by separate document at the meeting on July 1, 2019. Site Plan-Revised- The initial site plan proposed driveway access onto Depew Avenue. This required the Applicant to petition the Village Board to remove several parking spaces on Depew Avenue. The Village Board rejected this request and, therefore, the Applicant has prepared an amended site plan providing access only on Main Street. The proposed action will require a subdivision for the merger of the two adjacent lots on the property. Mitigation Measures - The Applicant has used only 30% for sustainability amenities and has not maximized the sustainability bonus. Sustainability allows a maximum of 40% which would have resulted in two additional units or a total of 28 DU’s. The Applicant is requesting a variance to allow a fourth story for the most northerly 101' of the building; past this point, the building will be three stories with a top floor setback of 14’ at its southern end. The total length of the proposed building is 116’ whereas a maximum of 161’ would be allowed if the project used three stories for the entire length of the building. The height of the building complies with the 40’ maximum height limitation of the Code. The building will stay within this 40' overall height limitation and will be significantly shorter at its southern end. This proposal pushes back the building to 64.75’ from the residential property to the rear. This is a substantial increase from the minimum zoning requirement of 15’. This residential property is 80’ in depth and fronts on Depew Avenue. Depew Avenue has a width of approximately 45’. The total distance of the proposed building from the southern curb of Depew Avenue is 189'. Additionally, the top floor at the rear is setback an additional 14’ at a height of 40’. The lower floors and parking garage at the rear are at a height of 30’. The rear residential property is occupied by a house with a height of approximately 30’ which together with the trees on the property limits the view of the rear of the building from Depew Avenue. An evergreen landscaping buffer will be provided within the 15’ buffer. All units meet the minimum unit size. The developer exceeds the front setback from Main Street by proposing 15.3’ from the curb to the northernmost face of the building. This will allow a wider sidewalk along Main Street to be improved with two street trees and improved lighting. Applicant is providing stormwater management for the project where none now exists. The new stormwater system provides for infiltration and stormwater volume reduction and is connected to two catch basins in the parking garage with a 12" pipe connecting to the stormwater pipe in Main Street. The Project includes bicycle storage for residents. Applicant will replace existing wire fence at the rear of the property with a 6' privacy fence. 13  Village of Nyack- Planning Board - (1ST JULY 2019) Zoning Compliance - Except for the variances required for the 4 stories on the front section of the building and the solar panels exceeding 1,000 sf on the roof, the project is zoning compliant. The Project does not maximize the Floor Area Ratio (FAR) which at 1.36 is lower than the maximum allowable FAR of 2.0. The FAR for the original project was 1.6. The Project meets the side yard setback of 5' on each side. (See Attached for Continuation of Long Form EAF Part 3.) Emergency Access - The clear height for the garage will be designed to accommodate ambulance emergency service vehicles in the driveway with access to the building’s lobby and elevator. Emergency ambulance service will be completely off the street. There are no overhead wires along Main Street in front of the proposed project. There is no parking allowed along the south side of Main Street while parking is allowed along the north side of Main Street. Main Street is the only fire apparatus access to the proposed building. The site plan has been revised to shift the building southward by 3.3’ to accommodate the required 26’ wide aerial fire access commencing a minimum of 15’ from the building. It may be necessary to establish a striped fire lane on the northside of Main Street under the authority granted to the Fire Inspector pursuant to § 196-19A of the Village Code. It should be noted that the building including the garage will be sprinklered with standpipes and other fireproofing provided. Board-- the Negative Declaration consisted of the Part 3 form of the FEAF and an additional page with a continuation of the expanded environmental review. The Board was asked to approve the complete version of the Negative Declaration, and such was moved by Chairman Klose, with Voletsky providing the Second, and the Vote of 5-0 identifying the potential impacts on the environment and then approving the mitigation efforts set forth in the Negative Declaration and authorizing the Chairman to sign the final Neg Dec.- on July 1, 2019, with the full Board approving the Neg Dec. 5 - 0 Next was the consistency finding with respect to the LWRP, which Chairman Klose moved to approve and find the project to be consistent with the LWRP policies of the Village of Nyack. LWRP. Second by Voletsky- 5-0 finding of consistency. With respect to two Area variances from: Article IV, VON§360-4.3, Dimensional Standards Table 4- 1 for a four-story building where 3 stories are permitted; Article III, VON§360- 3.2E(10)(d)[1] for proposed rooftop solar energy collectors in excess of 1,000 sq. ft. Building Height, in feet, is code compliant; the board makes a positive recommendation for such variances to the ZBA on the ground that the variation relative to “four stories” makes this building far shorter, massed toward Main Street, and prevents a large, tall building extending to the rear residential areas. Second by Voletsy, and positive recommendation issued to the ZBA to allow the requested variances, Voted 5-0. OTHER BUSINESS-- Motion to adjourn by Peter Klose, seconded by Kestenbaum - passed by a vote of 5- 0. Meeting adjourned at 8:00 PM. 14