Planning Board Meeting

Village of Nyack Planning Board OCTOBER 7TH 2019 Minutes Members Present: Also Present: Walter Sevastian, Village Attorney Peter Voletsky Don Yacopino - Chief Building Inspector Seth Kestenbaum Bob Galvin—Village Planner Alan Englander Don Wilen Absent: Peter Klose - Chair ; Karen Roberts -alternate Call to Order: on 7:02 PM. Klose absent SK filling in as Acting Chairman. 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: Chairman stated that the minutes were distributed to the Planning Board Members for their review prior to this meeting and at that time asked if there were any corrections. As there were no corrections, Chairman made a motion to approve the September 2019 Minutes as distributed. Motion seconded by Englander and then Approved by a Vote of 4-0. Motion to approve the September 9th 2019 Approved. 1. 48 Front Street. Diana Jabis. Tree removal application. 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. 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— Dean Dykman appeared on behalf of owner Diana Jabis. Tree removal application. (Arborist corrected application to 28 Front Street. It incorrectly read 48 Front Street although it was POSTED as 28 Front Street). Property is in TFR zoning district. Arborist’s report included. Dean Dykman appeared on behalf of Diana Jabis and summarized the request. Seth Kestenbaum asked applicant if applicant was planning to replace the foliage being removed with appropriate foliage replacement to assist in remediation of stormwater runoff. He responded “Yes”. Applicant stated that they intended to replace with Paperbark Maple with 2”+ caliper or similar. Public Comment - NONE BOARD-- Motion by Kestenbaum- Approve removal the one tree and replace from the list of Village approved street trees to close the public hearing application to remove trees. Seconded by Englander- Motion to close the public hearing passed. Vote 4-0 to close.  Village of Nyack- Planning Board - (7th October 2019) BOARD -- Kestenbaum 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 dated 9-17-19, subject to applicant planting Paperbark Maple with 2”+ caliper in the rear yard as replacement foliage. Application amended to reflect 28 Front Street address. Seconded by Englander; Vote 4-0- application approved. 2. 84 Piermont Avenue. John Fitzgerald. Application to remove rear yard mulberry tree. 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. Applicant— Perfect Cut application letter dated 7-10-19 PUBLIC-- Patti Ackerman, 86 Piermont Ave (neighbor that shares driveway). Patti expressed that she cares for the trees in the community and brought up concerns regarding the sinkholes and runoff issues at the property and in neighboring properties. She stressed that the area also has sinkholes and was concerned that the removal of a large healthy tree may worsen conditions. She was also concerned that this might impact stormwater runoff. She read a list of items from the Nyack tree website and stressed that this tree’s removal would also impact the viewshed. Patti submitted photos showing the tree and the driveway and expressed her belief that they were both in good shape. Seth Kestenbaum read arborist report into the record. Seth Kestenbaum asked applicant’s representative if they would be willing to speak with the arborist to investigate alternatives for replacement and/or maintenance. Applicant Agreed. ADJOURNED 3. 140 North Highland Avenue. Oakhill Cemetery. Application tree removal. Property is in SFR-1 zoning district. No arborist’s letter submitted. 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 - adjourned application . Public Comment - adjourned application BOARD-- Public Hearing remains open for the Applicant to more fully analyze the impacts on the hillside and drainage. Application appears on October 7, 2019 agenda for adjournment purposes only. Public hearing was adjourned - Applicant was requested by the Board to provide an arborist’s letter regarding the condition of the three larger trees proposed for removal and a landscaping plan which shows the location of the trees to be removed and proposed additional plantings or replacement trees. Applicant also needs to provide an engineer to fully analyze the impacts of the proposal on the hillside and drainage and any remediation recommended by the engineer. 2  Village of Nyack- Planning Board - (7th October 2019) 4. 76 High Avenue. Application to remove front yard pine tree. 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. Applicant— Wicks Arborists letter dated 9-13-19. DEAN DYKEMAN from Wicks appeared for owner and summarized application. The tree sits between wires and has been trimmed several times. It is 50’ tall (it was 80’ tall before pruning) and while heathy it has dropped branches. He stated that the tree is not impacting stormwater runoff and suggested it be replaced with dogwood or other ornamental such as hornbeam (which is on the list of Village approved street trees. Public Comment - NONE BOARD-- Motion by Kestenbaum to close the public hearing application to remove trees and install new sidewalk. Seconded by Englander - Motion to close the public hearing passed. Vote 5-0 to close. BOARD -- Kestenbaum 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 dated 9-17-19 subject to applicant planting replacement hornbeam or similar and appropriate tree. Seconded by Whilen; Vote 3-0-1 abstention. Peter Voletzky abstained. Application approved. 5. 15 Orchard Street. Maryann Bartel. Site Plan application for the construction of a 32” high retaining wall and “flagstone” patio. Property is in SFR-1 zoning district. Building Inspector Stone wall has been built over two easements; one sanitary sewer easement running north to south and one easement to the Village of Nyack heading east to west for sewer and water pipes heading (in which direction – does the easement running east to west accommodate both the sewer and water ?) It is not possible to determine the depth of footings for the wall without having topographical elevation of the ground level on either side of the retaining wall. Applicant will need to provide the plan with the requested topography and elevations around the proposed wall for the Building Inspector. Need arcuate drawing of as built and support. Need elevations and engineer study. ADJOURNED FOR APPLICANT TO PROVIDE SURVEY WITH TOPOGRAPHY, ACCURATE EASEMENT, VERIFICATION THAT SEWER LINE IS NOT USED, AS BUILT. DEPENDING ON RESULT, VILLAGE MAY NEED A HOLD HARMLESS AGREEMENT FROM OWNER. SEQRA – The proposed action is a Type II action under SEQRA NYS DEC 617.5 (c ) (10) “construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density;" LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant-- Jay These of Jackla Construction appeared as the representative of applicant and summarized the application. The owner of the house has three dogs and property drops off into the river so she wanted to close her property in for safety purposes. She didn’t want a fence because she didn’t want to obstruct her view of the river. They have ALREADY installed a short wall and plan to install 3  Village of Nyack- Planning Board - (7th October 2019) boxwoods. Public Comment - NONE. Application adjourned for additional information. 6. 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) OTHER BUSINESS-- Motion to adjourn by Kestenbaum, seconded by Voletsky- passed by a vote of 5-0. Meeting adjourned at 7:45 PM. 4