Planning Board Meeting

Village of Nyack Planning Board AUGUST 5TH 2019 Minutes Members Present: Also Present: Peter Klose - Chair Peter Voletsky Don Yacopino - Chief Building Inspector Seth Kestenbaum Bob Galvin—Village Planner Alan Englander Don Wilen Absent: Karen Roberts-alternate; Walter Sevastian, Village Attorney 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 JULY 2019 Minutes-- second made by Englander. Approved by a Vote of 5-0. 1. 160 North Midland Avenue. Nyack Hospital. Mike Pomarico for Nyack Hospital. Site plan application to construct an entrance canopy for the proposed ground floor Cardiac Rehabilitation Center, west of the main hospital entrance doors. Property is in H zoning district. Building Department-- ARB accepted the application as submitted on July 17, 2019. Parking spaces and sidewalk in front of Rehabilitation Center to be modified to be ADA compliant. Proposal complies with zoning requirements. The Project Narrative indicates that there will be 2,830 sf of interior renovations. Village Planner Comments Exterior improvements consist of: • New entrance canopy for sheltering an ADA compliant patient drop off and pick up area • New accessible parking in an existing parking area. Eight (8) handicapped accessible spaces will be provided in this 24 space existing parking lot. • New ADA compliant sidewalk shall be constructed in connection with the new accessible parking. Sidewalk will link the Main and Cardiac Rehabilitation entrances and an accessible route to the new accessible parking. • Landscape improvements primarily low-level shrubbery. Project consists of less than 4,000 sf of non-residential gross floor area (2,830 sf). It also improves ADA access on the site which is very beneficial for the population being served. The land disturbance is indicated as being 9,200 sf but such disturbance is essentially minimal consisting of the grading in the parking area to enable the accessibility of the 8 handicapped spaces within an existing 24 space parking lot, the replacement and development of ADA compliant sidewalks and correcting dangerous sidewalk conditions.  Village of Nyack- Planning Board - (5TH AUGUST 2019) SEQRA - This is determined to be a Type II action - The Project upgrades the parking and sidewalks and other site improvements for ADA compliance; and based on NYS 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. Based on Chapter 295 and 360- 4.12, the proposed project does not require a Stormwater Pollution Prevention Plan (SWPPP)- disturbance as indicated above is essentially minimal and does not, in any case, exceed 10,000 sf of land disturbance (the minimum requirement for a SWPPP. LWRP – As a Type II action, the proposed action is deemed consistent with the policies of the Village’s LWRP. Applicant— Mike Pomericko-- expanding cardiac unit in the hospital-- canopy and vestibul-- 2 or 3 ADA spaces- parking will be right in front of the building bringing the landing place to be better placed for the handicapped 24 spaces in the Lot-- removing -- surplus of spaces for the ordinance. Drainage unchanged-- 9,000 sf of program space-- get the patients straight into the building-- Site Plan Lou Mastriani Public Comment - NONE BOARD-- Motion by Peter Klose to close the public hearing application. Second 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 based on: 617.5 (c)(9) and consistent with the LWRP to approve application to construct an entrance canopy for the proposed ground floor Cardiac Rehabilitation Center, subject to reasonable conditions imposed by the building department. Seconded by Englander; Vote 5-0- application approved. 2. 30 Dickinson Avenue. Site plan application for the construction of a one-story rear yard addition. Property is in SFR-2 zoning district. ARB accepted the application as submitted on July 17, 2019. Proposal complies with zoning requirements. SEQRA – This is a Type II action based on 617.5(c)(11) "construction or expansion of a single-family, two-family or three-family residence on an approved lot”. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant-- Janice Shaime-- any exterior lighting shall be down facing and not spill over. Public Comment - NONE. Board-- Klose moves to close the public hearing -- seconded by Kestenbaum-- 5-0 passed. Klose moves to approve the application for the construction of a one-story rear yard addition. Property is in SFR-2 zoning district - Type II action and consistent with the LWRP policies - site plan dated 4-17-19 and consisting of three (3) pages, be approved subject to reasonable requirements of the Building Department. Second by Voletsky--- vote 5-0 to approve the plan. 2  Village of Nyack- Planning Board - (5TH AUGUST 2019) 3. 26 Burd Street. D’Andrea. Site Plan application for a vertical addition to existing house. Property is in TFR zoning district. ARB accepted the application conditionally on July 17, 2019. SEQRA – This is a Type II action based on 617.5(c)(11) "construction or expansion of a single-family, two-family or three-family residence on an approved lot”. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant-- adding gables to the house, plans are somewhat different- ARB wanted changes to the porches, and the applicant is re-submitting plans Public Comment - NONE. Board-- Klose moves to close the public hearing on the site plan application dated 5/28/18 consisting of 21 pages- Whilen Seconds and the Application is approved- 5-0 passed. Klose moves find this a Type II action and consistent with the LWRP policies subject to small changes to be approved by the Building Department and to approve the application for the construction of a vertical addition, down facing lighting with no spillover provided. Property is in SFR-2 zoning district. Second by Englander -- vote 5-0, approved. 4. 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-- APPLICATION ON AUGUST 5, 2019 PLANNING BOARD MEETING FOR ADJOURNMENT PURPOSES ONLY. ZBA GRANTED REQUESTED VARIANCES ON JULY 29, 2019. FIRST: That the proposed variances do not create an undesirable change in the neighborhood nor will they be a detriment to nearby properties. This conclusion was reached based upon deliberation of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND through SIXTH. (5-0) SECOND: That the Applicant has demonstrated that there are no other means by which it could achieve its purpose without the requested variances. This conclusion was reached based upon deliberation of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND through SIXTH. (5-0) THIRD: That the variances are not substantial in light of the current conditions on the site. This conclusion was reached based upon deliberation of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND through SIXTH. (5-0) FOURTH: That the proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. This conclusion was reached based upon deliberation of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND through SIXTH. (5-0) FIFTH: That the hardship is not self-created. This conclusion was reached based upon deliberation of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND and FIFTH. (4-1) 3  Village of Nyack- Planning Board - (5TH AUGUST 2019) 5. 99 North Broadway. Wallach. Application to remove a tree in the south side yard. Property is in the OMU zoning district. Arborists letter provided. 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. 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. Applicant— Applicant did not appear but Planning Board agreed that the tree needed to be removed-- 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 consistent with the LWRP policies and to approve Tree Removal and Replacement Application, subject to applicant planting replacement foliage as needed. Seconded by Kestenbaum; Vote 5-0- application approved. OTHER BUSINESS-- Motion to adjourn by Peter Klose, seconded by Kestenbaum - passed by a vote of 5-0. Meeting adjourned at 7:30 PM. 4