Planning Board Meeting

Village of Nyack Planning Board MARCH 2, 2020 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney Peter Voletsky Don Yacopino - Chief Building Inspector Don Wilen Bob Galvin—Village Planner Alan Englander Jennifer Knarich Absent: - alternate Karen Roberts; Seth Kestenbaum Call to Order: at 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. Introduction of a New Alternate Member- Jennifer Knarich has been appointed by Mayor Hammond to become an alternate member of the Planning Board. 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 February 2020 Minutes as distributed. Motion seconded by Voletsky and then Approved by a Vote of 3-0. Motion to approve the February 2020 Minutes Approved vote of 3-0. 1. 3 Waldron Avenue. Daniel Barahona. Application to convert a single-family house to a delicatessen. Property is in the CC zoning district. Building Inspector -The single-family house lost its pre-existing nonconforming use status in the CC district for discontinuance of use for more than one year following a fire. At 1,342 sq. ft. of retail space 5 parking spaces are required. Applicant proposes a total of 8 parking spaces on site in compliance with Village parking requirements for retail use. Application required GML review. Application was sent to RC Planning Department, NYS DOT, NYS Thruway Authority, Town of Clarkstown and NY-NJ Trail Conference on 12/23/2019. To date, only the Town of Clarkstown and Rockland County Department of Planning have responded. Comments enclosed. Applicant has been provided with comments and will be addressed in the context of the Board’s site plan review and Building Department review. Rockland County DOH also responded on 2/28/20 indicating that the applicant will need to obtain a permit for the food establishment use. ARB approved the application on January 15, 2020. ZBA granted required sign variance on 2/24/2020.  Village of Nyack- Planning Board - (2 March 2020) SEQRA – The proposed action is a Type II action under 4000 sq. ft. of nonresidential space - LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Village Planner- will be preparing a formal resolution to address. Letter for NYS Uniform Fire Prevention dated March 2, 2020-Letter from Rockland County Environmental Health dated February 28, 2020-- four spaces to be constructed with pervious surface. Building Inspector will not issue the permits if it does not comply with the Fire Inspection-- stormwater manager will review the plans and rule on the plan. no increase in rate of discharge. Show the Signage on the plan-- Show lighting plan-SK6 on the plan-- applicant agreed to change the style of the light Member Englander-- suggests the fixture should be downlit and not look out-- blind people on the roadway Applicant— applicant appears --Christiana Redaleco-Tortilla agrees to have permeable pavement for all four of the spaces of the parking spaces-- Revised sheet- A-1 already provides calculation as to the permeable spaces-applicant would look at a shielded, dark sky compliant lighting fixture and will provide a new fixture cut on the drawing. PUBLIC-- none. BOARD-- Motion by Peter Klose to close the public hearing. Seconded by Voletsky - Motion to close the public hearing passed. Vote 4-0 to close. BOARD -- Chairman Klose - made a motion to accept and designate this as a Type II action and to approve the site plan to be amended to address IV. Specific Conditions 1. Prior to issuance of a building permit, the applicant shall apply for and obtain a permit for a food establishment from the Rockland County Department of Health. 2. Prior to the issuance of a building permit, applicant shall submit all site plans and architectural plans for review by the Fire Inspector and Building Inspector for compliance with all applicable codes to include the 2017 NYS Supplement, 2015 International Existing Building Code, 2015 International Fire Code and the 2015 International Building Code. 3. Prior to the start of construction, the Building Inspector/Stormwater Management Officer shall review the soil and erosion sediment control measures developed for the site including silt fencing and the temporary soil storage zone on site and ensure that such measures remain in place during construction. 4. The Building Inspector/SMO has reviewed the stormwater analysis prepared for the site which shows that there is a net gain in permeable area on the site for stormwater drainage. The driveway and four new parking spaces will be developed using permeable paving. A total of 3,405 sf of permeable surface on the lot will be introduced to the site, thereby, reducing the site’s impervious coverage. An 8” x 10” trench drain will be added to the width of the curb cut directed to the Town storm system. The Building Inspector/SMO review has determined that there will be no net increase in the peak rate of discharge from the site. 2  Village of Nyack- Planning Board - (2 March 2020) Show lighting plan-SK6-- show silt fence on the plan, revised plan will be re-submitted to the Building Inspector - Seconded by Englander; Vote 4-0- application approved. 2. 89 First Avenue. Bob Silarski for Popov. Application to convert from a two to three family dwelling and request for referral to the Zoning Board of Appeals. Property is in the TFR zoning district. Building Inspector- This is for Adjournment ONLY A use variance is required from Article III, VON§360-3.1, Permitted Use Table 3-1 for a Three-family house where one and two families are permitted. 3. 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 through March 2, 2020 PLANNING BOARD MEETING FOR ADJOURNMENT PURPOSES ONLY. ZBA GRANTED REQUESTED VARIANCES ON JULY 29, 2019. OTHER BUSINESS-- Motion to adjourn by Klose, seconded by Englander- passed by a vote of 4-0. Meeting adjourned at 7:35 PM. 3