Planning Board Meeting
Regular MeetingNyack, NY · June 1, 2020
Minutes
Village of Nyack Planning Board
JUNE 1ST 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
Seth Kestenbaum
Jennifer Knarich alternate
Karen Roberts alternate
Absent:-
COVID-19 PANDEMIC STATUS~ No PUBLIC meeting has been held since the NYS “Pause” to address and contend with the
world-wide Corona Virus Pandemic that has ravaged our communities and our nation. This meeting is held subject to the
provisions of Gov. Cuomo’s Executive Order 202.1 (the Order), issued on March 13, 2020, which temporarily suspended the
requirements to provide public in-person access to meetings and authorizes the meetings to be held remotely “by
conference call or similar service.” The Order requires that the public have the ability to view or listen to the proceedings
and requires that all virtual meetings be “recorded and later transcribed.” This meeting is being conducted with public
notice by Deputy Village Clerk, Rosa Martinez, at a scheduled Zoom.com meeting [Topic: Village of Nyack Planning Board
Meeting 06/01/2020; Time: Jun 1, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting ID 83005412532];
and will be recorded and stored by the Village.
Conflict Check: The Chairman polled the members of the Board regarding the issue of possible conflicts of interest
regarding the application. Member Englander will recuse himself from the application relative to the Hospital. All
others affirmed there were no conflicts of interest or reasons for recusal, unless otherwise noted.
Other Business: No meeting has been held since March 2020. Chairman stated that the minutes for the March 2,
2020 meeting 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
March 2020 Minutes as distributed. Motion seconded by Voletsky and then Approved by a Vote of 5-0.
1. 35 Laveta Place. Debra Gold. Application for tree removal. Property is in SFR 1 zoning district. Arborist’s
letter included.
Building Inspector -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— application letter May 8, 2020- Ira Wycks -- Deane Dykman- Removal of this tree will not have an
adverse impact on the surrounding area. Furthermore, the resident plans to plant vegetation along the
property line once the tree is removed.
PUBLIC-- none.
BOARD-- Motion by Klose- to close the public meeting with respect to removal of the identified trees and
replacement from the list of Village approved street trees Motion made to close the public hearing
application to remove tree. Seconded by Englander - Motion to close the public hearing passed. Vote 5-0 to
close.
Village of Nyack- Planning Board - (1st June 2020)
BOARD -- 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 dated May 8,
2020, subject to applicant planting and replacing foliage with the suggested replacements from the Village
list of approved trees or other ornamentals. Seconded by Voletsky ; Vote 5-0- application approved.
2. 32 Tallman Avenue. Paul Walker. Application for tree removal. Property is in SFR 1 zoning district.
Building Inspector- Arborist’s letter included, indicating one dead tree and one tree in “heavy
decline”.
Building Inspector -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— application letter May 8, 2020- Ira Wicks -- Deane Dykman- Tree is in Heavy Decline- plan to replace
with dog woods-- provide screening.
PUBLIC-- none
BOARD-- Motion by Klose- to close the public hearing with respect to the removal of the identified trees and
replacement from the list of Village approved street trees Motion made to close the public hearing
application to remove tree. Seconded by Wilen - Motion to close the public hearing passed. Vote 5-0 to close.
BOARD -- 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 dated May 8,
2020, subject to applicant planting the suggested replacements from the Village list of approved trees or
other ornamentals. Seconded by Voletski ; Vote 5-0- application approved.
3. 90 Jefferson Street. Andre DeNonno. Application for tree removal. Property is in the TFR zoning
district. Arborists letter included.
Building Inspector- Arborist’s letter included dated May 21, 2020 from O’Sullivan’s Tree service ,
indicating one 24” Oak with a significant lean toward the house
Building Inspector -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— application letter and arborist letter indicating risk to the homeowner and property damage
potential-
PUBLIC-- none.
BOARD-- Motion by Klose-to close the public hearing relative to the removal of the identified tree and
replacement from the list of Village approved street trees Motion made to close the public hearing
application to remove tree. Seconded by Englander - Motion to close the public hearing passed. Vote 5-0 to
close.
BOARD -- 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 dated May 21,
2020, subject to applicant replanting some foliage replacements from the Village list of approved trees or
other ornamentals. Seconded by Kestenbaum; Vote 5-0- application approved.
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Village of Nyack- Planning Board - (1st June 2020)
4. 251 N. Midland Avenue for 152-154 Sixth Avenue. Nyack Community Ambulance Corps. Application for
an Administrative reinstatement of a previously approved, expired, Special Permit. Property is in TFR
zoning District.
Building Inspector- Planning Board approved the required Special Use Permit on May 2, 2016 for
“Apartments Accessory to not-for-profit Ambulance Facility” and then again on September 5,
2018, for expired Special Permit as an administrative function. The Nyack Ambulance Corps is
located on 251 N. Midland but the building in question is at 152-154 Sixth Avenue.
Building Inspector review--Property is in TFR zoning District-Planning Board approved the required Special Use
Permit and Site Plan on May 2, 2016. Extension is permitted. Previous application was granted extension
necessary and indicated. NOTE: The Special Permit approval process is permitted administrative extension.
This is an Administrative act of the Planning Board where all prior approvals were completed.
Village Planner Comments-- GML Response from Rockland County Planning (3/16/20) – County wanted to clarify
the parking requirement. Clarification - Parking required is one space per unit (§360-3.2 E (9)) with 8 being
provided (2 spaces per unit). Three of these spaces are on the adjacent Nyack Ambulance property – issue
is that County Planning points out that the 9 spaces along Sixth Avenue are in the Village r-o-w. Solution
- Applicant has availability of sufficient parking to reserve three spaces on the property that are not within
the r-o-w. County Planning also indicated that the lot line between tax parcels 60. 77-2-7.1 and 60. 77-2-
7.2 is to be disclaimed. Confirm that the proposed lot line dissolution was approved. In addition, once a
subdivision has been approved, a filed map cannot be used to convey property, nor can the tax maps be
updated with the lot changes, until the deeds are filed with the County Clerk. Applicant and the Village
should ensure that the deeds are properly filed with the Rockland County Clerk.
Recommendation (Planner) – Planning Board should approve the site plan and special permit as an
administrative act under the same conditions of the original May 2, 2016 resolution. Condition
included in the resolution:
· Applicant shall submit reasonable covenants and restrictions in a form satisfactory
to the Village Attorney for inclusion on the Site Plan, by-laws and certificate of occupancy
to ensure that occupancy of the proposed apartments accessory to the Not for Profit
ambulance facilities shall be limited to emergency service providers actively associated
with the Nyack Community Ambulance Corp (NCAC).
Additionally, prior to the issuance of a building permit, the applicant shall provide to the
Building Department the location of the three parking spaces on Tax Lots 60.77-2-7.1 &
7.2 reserved for the accessory units; such spaces will not be located in the Village r-o-w.
Applicant shall confirm whether or not the lot line was dissolved, and if so, applicant
shall submit proof that the lot dissolution for tax parcels 60.77-2-7.1 and 60.77-2-7.2
was filed and the deeds properly recorded with the Rockland County Clerk. Alternatively,
if this no longer applies the Building Department shall confirm that a Village text
amendment eliminated the need to merge the lots (thereby overruling the GML
comments of the County).
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Village of Nyack- Planning Board - (1st June 2020)
BOARD-- Klose makes a motion to grant the extension of the Special Permit for eighteen
(18) months provided however that the Applicant include language on the plan, in the
Certificate of Occupancy and application to limit housing to the non-profit ambulance
company staff and make reference to the residency requirements and the lot line
disclaimer. . . .move to extend the time to complete the work and apply for the building
permit extended for an additional eighteen (18) months. second-- Voletsky. vote 5-0
approval.
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-- APPLICATION ON AUGUST 5, 2019 through March 2, 2020 PLANNING BOARD MEETING
FOR ADJOURNMENT PURPOSES ONLY. ZBA GRANTED REQUESTED VARIANCES ON JULY 29, 2019.
Planning Board adopted a Negative Declaration and LWRP consistency determination at its
meeting on July 1, 2019. Additional plans and documents have been submitted for the June 1, 2020
meeting.
Village Planner Comments--
Project Timeline· Applicant’s last appearance was at the7/1/19 Planning Board meeting
· Application was first submitted - 5/1/17
· VHB Planning retained for review of the project - 10/1/17 – final review submitted 2/28/17 and
4/4/18.
· FP Clark Traffic consultants retained – 10/1/17 – final review provided 6/14/19
· Applicant’s Traffic Study prepared by Baker & Assoc. dated 10/2/17 and revised 2/23/18 and
4/16/19
· Amended Plan – 4/17/19 – initial site plan proposed driveway access onto Depew Avenue. The
Village Board rejected a request to remove several parking spaces on Depew. Amended plan
prepared providing Main Street access only.
· Rockland County GML – last one provided 5/28/19 – Applicant responded and addressed all
concerns on 6/26/19
· Other GML letters received: NYSDOT (12/27/17) and Dept of Health (2/1/18) no remaining
concerns
· SEQRA – Negative Declaration was adopted by the Planning Board on 7/1/19 – closing out SEQRA.
· ZBA – provided area variances for four-story building where 3 stories are permitted and for
proposed rooftop solar collectors in excess of 1,000 sf.
· ARB – application approved at 12/18/19 meeting
· Applicant has provided a full Stormwater Management Pollution Prevention Plan (SWPPP).
· Draft Stormwater Maintenance Agreement has been provided. The Agreement shall be amended
to include specific reference to maintenance of the seepage pits and the ADS underground
detention system. Stormwater system will now comply with NYSDEC water quality volume
treatment and run off reduction requirements. Previous to a change in the Village’s stormwater
law in November 2019, applicant would not have been required to provide water quality
treatment.
· Brooker Engineering Review – last review (5/11/20) on latest plan: only remaining comment is
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Village of Nyack- Planning Board - (1st June 2020)
regarding the lighting plan - lighting intensities in the rear parking area are excessive and shall be
reduced. The average light level should be approximately 2 fc with no spill over onto the adjoining
properties. All fixtures shall have the ability to be shielded to prevent light trespass and glare.
· Village Planner comments on lighting - Fixtures should be shielded and dark sky compliant (see
International Dark-Sky Association (IDA) specific recommendations: 1) Always choose fully
shielded fixtures that emit no light upward; 2) Use “warm-white” or filtered LEDs (CCT < 3000
Kelvin color temperature scale) to minimize blue emissions.
- In discussion with the Nyack Fire Chief, he indicated that in order to properly set up the aerial
apparatus in front of the building to reach at least two sides of the building, specially the side
windows to the rear; the aerial apparatus will have to be placed at a particular angle. To properly
set up the aerial apparatus, outrigger have to be extended on the side of the apparatus and due
to parking spaces on the North side of Main St., this would not be possible.
- The recommendation from the Fire Chief and the Fire Inspector, is that the parking spaces on the
North side of Main St. directly in front of the proposed building be eliminated and that a fire zone
be designated in such area with proper stripping and signage.
Project Description--The Diana Place project proposes the demolition of two existing structures that
originated as single-family homes and their replacement with a single multifamily building containing
26 dwelling units, including 5 alcove studios, 17 one-bedroom units and 4 two-bedroom units, and 30
parking spaces. The building is planned to be a combination of 3 and 4 stories high but will not exceed
the 40’ allowable height limit at any point. A total of two affordable units or 10% per §120-1C.(1)(a)
of the Village Code are being provided as part of the Project’s 26 units.
The Applicant has used only 30% for sustainability amenities (here initiatives that include exceeding
the energy code by at least 10%; rooftop solar collectors; and repurposing of materials from the site)
and has not maximized the sustainability bonus. Sustainability allowed a maximum of 40% at the
time of the application which would have resulted in two additional units or a total of 28 dwelling units
instead of 26 dwelling units.
A total of 25 parking spaces are required by Nyack Village Code. The project proposes 30 grade-level
parking spaces, and thus exceeds the Village’s parking requirements by 20%. The 30 parking spaces
do not include 3 tandem spaces for use by apartment dwellers with more than one vehicle.
The only available vehicular entrance to Diana Place is from Main Street. Given the 24’ wide opening
for parking ingress/egress, parking will be concealed from the Main Street side to the extent possible
and to the residential zone to the south by the prescribed 15’ wide buffer zone. The driveway through
the parking garage will be 20’ wide.
The street front will be as pedestrian friendly as possible and will include a wide sidewalk incorporating
a curb cut, two (2) street trees and improved lighting. In order to widen the sidewalk, enhancing
walkability, landscaping, and increasing pedestrian safety from vehicular entries and exits, Diana Place
will be set back 14’-2” from the curb line at both corners of the north façade. Diana Place’s pedestrian
main entrance, located to the east of center of the Main Street façade, is entered at grade from the
Main Street (north) side with interior steps up to the stair/elevator core and the HC entrance at its
south side. It is surmounted by a canopy extending to the west side of the building; in addition to
providing protection from the elements, the canopy will house recessed low-level downlighting to help
illuminate the sidewalk.
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Village of Nyack- Planning Board - (1st June 2020)
The clearance at the parking garage will be 7’-6”; taller vehicles will be able to park in the driveway
and will thus be completely off the street. From that point, there will be ample access for emergency
services to the building’s lobby, stairs and elevator via the double doors fronting onto Main Street. This
has been discussed with the Nyack Community Ambulance Service.
Snow removal will be accomplished via a combination of a pickup-mounted plow and a snowblower,
both of whose heights will allow access to the entire site. Finally, the trash dumpsters will be rolled out
of the trash room by hand into position for pickup from the driveway.
The ZBA approved a requested variance to allow a fourth story for the most northerly 101’ of the
building; past this point, the building will be three stories. The building will stay within the 40’ overall
height limitation, excluding equipment, elevator/mechanical penthouses and parapets as allowed by
cod. The building will be significantly shorter at its southern end, thus keeping it almost 60’ further
away from the residential zone to the south instead of the minimum required 15’ buffer. The roof of
the three-story volume at the south will be used for two small private roof terraces adjoining a larger
common roof terrace for tenants’ use, while the higher roof will be occupied by a solar energy collector
array.
June 2020 Submission consists of the following:
· Civil Plans dated 5/5/20 and 5/14/20
§ Planting Diagram Details
§ Site Plan, Layout Plan, Bulk Chart
§ Parking Layout
§ Stormwater Management, Erosion & Sediment Control, Utility Plan,
Grading/Topography
§ Lighting Plan, Landscaping Plan
§ Light Spot Intensity Plan
* Project Narrative (3/18/20) – describes the project in more detail including:
§ Conformity with the Village Comprehensive Plan
§ Dimensional Standards
§ Vehicular Access and Parking
§ Access, Parking & Maintenance
§ Density & Sustainability
§ Solar Energy Collectors
§ Affordable Housing
§ Architecture
· Drainage Report (Hydraulic Analysis and Stormwater Calculations)
· Perc Test
· Sustainable Amenities Narrative (3/18/20) – provides detailed discussion of exceeding the
energy code, rooftop solar collectors generating 70kw of renewable energy and repurposing
of materials
· SWPPP dated 3/17/20 and revised 5/11/20
· Topographic Map Survey prepared by Jay Greenwell, PLS dated 8/8/19
· Main Street Entrance Line of Sight Plan (4/12/19) – shows 442’ SSD sight distance to the west
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Village of Nyack- Planning Board - (1st June 2020)
and 351’ SSD sight distance to the east
· Exterior Elevations
Remaining Items
Aerial access road width on Main Street for firefighting operations – see Fire Inspector’s comments above
including possibility of removal of parked cars along the north side of Main Street and the
establishment of a striped NO PARKING – FIRE LANE.
Lighting intensities in the rear parking area are excessive and shall be reduced. Average light level should
be approximately 2 fc with no spill over onto the adjoining properties. All fixtures should be
shielded and dark sky compliant to eliminate spillover and glare.
Streetscape Landscaping – explore the possibility of adding a third street tree to the west on the other side
of the driveway. Applicant does not believe that
Minor technical issues in Brooker Engineering 5/11/20 memorandum - amending the draft Stormwater
management Agreement and Section 8.0 of the SWPPP should reflect “Village of Nyack”
WRT- Balcony/Terrace on 3rd Story- Only the civil plans as part of the June submission. The last
architectural plan that I have for level 4/Roof is A-101 dated 6/30/17. I don't know if this has
changed or not from 2017. I have attached this roof plan from June 2017. It would seem to me
that in this plan the two private balconies are adjacent to the common terrace which is in front of
these balconies. I would refer you to the Project Narrative - section II - Dimensional Standards and
section VII Architecture - see attached
From the NEG DEC--This proposal pushes back the building to approximately 60' from the
residential property to the rear. This is a substantial increase from the minimum zoning
requirement of 15’. This residential property (Denker 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 approximately 185'.
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 at the rear.
This is the excerpt from the Neg Dec describing the distance from the rear terraces to
Depew - Applicant also added a 6' privacy fence at the rear property line in place of the
old dilapidated wire fence. - this was in response to Mr. Mon's comment. Also attached
the sheet showing the roof and terraces on level below the roof. Remember the rear
volume is 3 stories with 4 stories up front on Main Street. Roof only has solar collectors
generating 70kw.
Applicant- Bart Rodi-civil engineer-- working with Village Engineer comments-- those items may light
intensity-- all comments have been addressed. Eve to issue a letter to that effect
PUBLIC-- e-mailed comments from Fred Weber and Letter from From: om <pbamxxx@xxxl.com> Sent:
Monday, June 1, 2020 3:46 PM-- concerned about the communal third floor patio. . . as addressed herein.
Various members of the public attended the on-line meeting to express concern about the third
story patio. the neighbor immediately to the Rear-- Marci Denker said she had no objections to
the third story balcony/terrace but was concerned that the resolution make clear that the owner
of the property shall be obligated to tend the evergreen buffer between the properties,
specifically the bamboo. Presently the bamboo is contained and operating as a good screen, but
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Village of Nyack- Planning Board - (1st June 2020)
wants the owner of the property responsible for the care, maintenance and upkeep of such
buffering plants.
Board discussed with the members of the public that the third floor terrace was a private terrace,
not open to the public. Board requested that the applicant supply some common sense basic
rules and regulations concerning the use of such a deck including the obligation to limit or restrict
access to keyed entry only.
Board-- Directed Building Department to prepare a resolution for approval.
Board Action-- NONE-- public meeting remains open, however the Building Department will be working
up a final recommendation
6. 160 N. Midland Avenue. Mike Pomarico for Nyack Hospital. Preliminary presentation of a Site Plan
application to construct a parking garage. Property is in the Hospital (H) zoning district.
Building Inspector Review-- At a permitted height of 40 feet and 3&1/2 stories, buildings facing residential streets
in the H zoning district must be set back at least 25 feet from the property line pursuant to footnote (n) of
Dimensional Standards Table. Footnote (o) of the same Table permits an increase in height of 2 feet for
each additional 1 foot of setback from property line. Plans indicate the building is to be 5 stories at 55.97
feet high Calculating permitted building height using information contained in footnotes (n) & (o) the
building would be allowed to be 82 feet high except as limited to a height of 6 stories and 72 feet by footnote
(o):
(n) The minimum setback from the street line must be a minimum of 15 feet except where a
structure in an H district faces a street occupied by one- or two-family residences on the opposite
side, the structure must be set back a minimum of 25 feet.
(o) Building height may be increased two feet for each additional foot of setback from surrounding
streets, provided that in no case shall a structure exceed six stories or 72 feet
Building is proposed to be setback 46 feet 11 inches from property line at Sickles Avenue and 62 feet from
property line at North Midland Avenue.
Escrow funds would have to be established for traffic, site engineering consulting fees and Village Planner
professional planning services.
Applicant appeared before the ARB on February 19, 2020. Various design changes were requested.
Applicant returned to the ARB on May 20, 2020 and received conditional approval. Applicant should be
prepared to provide an aerial showing the placement of the garage and distance to residences on Sickles
Avenue. Various approaches should be discussed with the Planning Board to visually screen the garage
exterior (similar to what had been initially proposed).
Provided in current June submission.
Letter from Nyack Fire Inspector enclosed. (5/19/20) The Fire Inspector met with the Nyack Fire
Chief to review the visual barriers being proposed on the garage structure. The fire department
indicated that access to potential car fires or any other type of firefighting ability would be
particularly challenging and limiting if the parking structure were enclosed on all sides. It was
determined that the vision barrier enclosure shall include the residential view to the Hospital
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Village of Nyack- Planning Board - (1st June 2020)
from Sickles Ave and Midland Ave elevations only. The elevations facing the Hospital and the
Cancer Center will be left unscreened to facilitate fire apparatus access. This has been
communicated to the Applicant. .
Village Planner’s Comments-
Project Description
Proposal is to construct a 5 ½ level parking structure containing 482 parking spaces, connected by
elevated walkway to the main building, in the south east corner of the property, now being used as
a surface parking lot. Parking structure would also provide parking on the roof.
The existing surface parking lot, providing 191 parking spaces, is proposed to be replaced by a
parking deck containing 482 parking spaces and a reconfiguration of the surface parking lot to
provide an additional 65 parking spaces, for a total of 547 spaces. There is no proposed expansion
of the hospital as part of this project, with no new beds being contemplated. The parking garage is
anticipated to reduce the parking demand on the surrounding streets and the existing off-site lots.
Temporary Ballfield Parking Lot ~ In order to provide temporary parking during construction of the
parking deck, the hospital has agreed to terms with the Nyack School District to utilize a portion of
the property’s ballfields for temporary parking. Property is in the TFR zone. The agreement between
the Applicant and the Nyack School Board should be provided to the Planning Board to determine
the time period for use and any related requirements for restoration.
Temporary Ballfield Parking Lot drawing has been submitted showing the location of the parking
lot on the property, vehicular entrance/exit from North Midland Avenue controlled by access gate,
fencing, crosswalks, and lighting. Lighting photometrics are also provided across the site. There
are six lighting poles at 15’ height. Total of 100 parking spaces including 68 parking spaces and 32
valet parking spaces. There is no landscaping shown along the property line with Haven Court.
Evergreen landscaping should be provided to screen view of parking lot from Haven Court
residential neighborhood.
Lighting plan shows foot candle distribution along the Haven Court property line ranging from 0.2
to 0.5-foot candles. Lighting should be reviewed by the Building Department for compliance with
Village Code. The Planning Board should focus on lighting to eliminate possible glare and limit light
spill on neighboring residential properties. (See recommendations below from International Dark
Sky Association).
Lighting: Recommend that fixtures should be shielded and dark sky compliant (see mfg. specs).
International Dark-Sky Association (IDA) specific recommendations: 1) Always choose fully shielded
fixtures that emit no light upward; 2) Use “warm-white” or filtered LEDs (CCT < 3000 Kelvin color
temperature scale) to minimize blue emission; 3) Look for products with adaptive controls like
dimmers, timers, and motion sensors and consider dimming or turning off the lights during
overnight hours as feasible.
SEQRA --This is an Unlisted action under SEQRA. It is not a Type I action under NYSCCR §617.4 nor a Type II
action under §617.5. The Planning Board should declare its intent to be lead agency for the proposed
action and have staff prepare a Notice of Intent (NOI) to be Lead Agency for the purposes of SEQRA
review. The NOI shall be sent to all involved and interested agencies.
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Village of Nyack- Planning Board - (1st June 2020)
GML referral was sent on 5/20/20. GML comments are due back to the Planning Board within 30 days of
receipt by the agency.
Submission-Applicant has provided a complete submission to the Planning Board. This includes the
following:
• Application Checklist
• Project Narrative (3/20/20)
• Parking Deck Program Study (Level G, 3/17/20)
• Nyack Hospital Traffic/Parking Impacts (Langan, 3/18/20)
• Stormwater Management Report (Langan, 3/17/20)
• Civil Drawings – includes Overall Site Plan, Site Plan, Demolition Plan, Grading,
Drainage & Utilities, Soil Erosion Control, Lighting, Landscape
• Architectural Drawings – Demolition, Overall Site Plan, Site Plan & Ground Floor,
Typical Floor Plan, Floor Plan Bridge, Roof Plan, Exterior Elevations, Main Lobby &
Enlarged Visual Screen, Renderings with Visual Screens on Garage, materials
(screen grills, field stone)
• Photo Views of site and surrounding area context
• Temporary Ballfield Lot Site Plans
• Night Lighting Assessment
PROCESS >To explain that this is the first meeting and that no decisions will be reached.
> To explain that there will be extended discussion on the voluminous submissions by the Applicant.
>To focus on how the Planning Board (and its own consultants) will review the application going forward
(and to establish an escrow account to pay the experts that the Village retains to review and comment on
the materials submitted by the Applicant).
>To explain that the Applicant's submission was referred out for review by other "involved agencies" as
they are defined under NYS law & regulations (and that the Board is awaiting responses from those agencies
as is required to do by law), and
>To explain that the Planning Board will responsive to designate itself lead agency for the purpose of an
environmental review of the project and circulate its Notice of Intent to formally declare itself lead agency
to other "interested agencies" as required under the NYS SEQRA regulations.
Applicant- Montefiore Nyack Hospital proposes to construct a new 29,350 square foot, 4 level Parking
Structure with parking also on the structure roof. The structure will provide a total parking capacity
of 482 spaces. The proposed Parking Structure will respond to the current need to provide
additional parking for hospital patients, visitors and staff. Implementation of a structured parking
solution will vastly improve the Montefiore Nyack Hospital patient experience in terms of safety
and ease of access. The availability of readily accessible on-site parking will also facilitate mitigation
of off-site parking in the surrounding neighborhood. A Parking Study, prepared by Level G
Associates dated March 17, 2020 identifies this need in detail.
Montefiore Health System Nyack Campus has retained Langan Engineering and Environmental
Services to prepare a traffic impact study for the proposed development of a new parking garage
and reconfiguration of the main parking lot, consisting of 547 spaces, to replace the existing main
parking lot at Montefiore Nyack Hospital. The project is located in the Village of Nyack, Rockland
County, New York. Langan finds that the proposed parking garage, and subsequent increase in on-
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Village of Nyack- Planning Board - (1st June 2020)
campus parking capacity, at the Montefiore Nyack Hospital main parking lot will not significantly
impact traffic operations in the study area during peak hours. The traffic associated with the
Hospital is already on the roadway network. Providing additional on-campus parking will only
reduce the number of Hospital-related vehicles on the surrounding local streets during peak hours.
Community Development Properties Nyack Inc.-- has engaged Level G Associates, parking consultants, for
the purpose of preparing a feasibility study for a parking deck to be situated on the campus of
Montefiore Nyack Hospital in the Village of Nyack, NY. Level G submitted a “phase one” feasibility
analysis of the project in January of 2019. Since then, we have been kept informed of project
activities and submitted a “Preliminary Parking Deck Sizing” memorandum in September of 2019.
The goals and objectives of the proposed project are to: 1) increase the overall parking supply
available to hospital-related vehicles; 2) increase the on-site parking supply; 3) eliminate the need
for valet parking; 4) eliminate the need to lease off-site parking; and 5) reduce the intrusion of
hospital-related parking activity into local residential neighborhoods.
It is recommended that on-street metered parking be implemented along curbs that are not
directly in front of local residences in the vicinity of MNH. This includes areas along No. Highland,
Sickles, Fifth and Haven (see Appendix A). In addition, it is assumed that currently unrestricted on-
street spaces located outside / adjacent to the existing and proposed on-street meter zones will
become restricted parking for local residents only upon opening of the subject parking garage (see
Appendix B).
482 spaces in the parking deck plus 65 in the surrounding surface lot. As indicated, the hospital
parking supply is proposed to be increased by 89 spaces while eliminating the intrusion of hospital
cars into surrounding residential neighborhoods.
Public-- Letters received from-- many of the letter writers were also speakers
1- From: florette kupfer <fkuXXXX@gmail.com> Sent: Monday, February 24, 2020 1:16 PM
To: buildingdepartment@nyack-ny.gov Subject: Proposed Montefiore Nyack Hospital Parking
Garage-- Concerned about the finish with concrete wants bricks
11
Village of Nyack- Planning Board - (1st June 2020)
2- From: Charles Udry <udXXXX@gmail.com> Sent: Tuesday, May 19, 2020 4:07 PM--Nina Petricone
The building materials the architect is presenting for the parking garage do not conform with the
neighborhood. The facade materials are appropriate for an urban setting and are out of character
with the homes on the streets surrounding the hospital in the village. These homes are built of
clapboard, brick, siding, with porches, paned windows and glass front doors. The proposed
materials and plans for the parking garage are out of scale and out of architectural character with
the existing buildings and homes and are not harmonious in any way with the existing
neighborhood or the Village of Nyack as a whole.
The parking garage is excessively dissimilar to the neighborhood homes and will visually dominate
the neighborhood. The proportion and scale of the garage and materials does not relate to any of
the neighborhood homes on any architectural elevation. The allowance of a building with this
architectural look and style will have a harmful effect on the homes, property values, and
neighborhood.
The Night Lighting Assessment placard on display does not accurately represent the current
lighting conditions on North Midland Avenue. Since the Emergency sign and walkway lights were
installed and the construction finished on the emergency department, the increase in lighting
emitted from the hospital has risen to obtrusive levels. I have attached pictures for your reference
...
3- From: Charlotte Jack <charlXXXX@hotmail.com> Date: May 11, 2020 at 11:49:30 AM
a- Also, the 2016 Nyack Comprehensive Plan states on p.37, that the building height in the H
zoned area can accommodate “40 ft/3 1⁄2 stories” structures. I am stunned that the board has
the audacity to present this plan to the community. I would like to hear how you came to this
decision. Montefiore should make a real commitment to recognizing Nyack’s historic architectural
heritage. The design does not complement our historic neighborhood, especially as it is situated
close to the Old Nyack High School, which our 2016 Comprehensive Plan states on p.139 “The New
York State Historic Preservation Office (SHPO) has determined that the former Nyack High School
(now occupied by Rockland BOCES)... is eligible for listing on the National Register.”
b- Exactly how much light pollution is it calculated that this structure will emit? You must
reassure residents that absolute minimum light will be emitted into the surrounding area. To
minimize the harmful effects of light pollution, lighting should, only be on when needed, only light
the area that needs it, be no brighter than necessary, minimize blue light emissions and be fully
shielded (pointing downward). Any additional light pollution will have a substantial negative effect
on the quality of life of neighboring residents.
c- I would ask that they adapt the plan to include more disabled parking and commit in writing to
the village that there will be no VIP or staff parking in this garage. I strongly recommend that
Montefiore and Nyack ARB, consider the standards set by Parksmart. “Parksmart is the world’s
only certification program that defines, measures and recognizes high-performing, sustainable
garages.”:
• systems that provide rapid access with reduced exit idling
• landscape areas populated with water efficient plantings
• highly efficient LED dimmable lighting system controlled by timers and photo
sensors
• car charging ports,
12
Village of Nyack- Planning Board - (1st June 2020)
• CO sensors that ensure ventilation only runs when needed
• incentives for ride share patrons
• small car reserved spaces,
• a high percentage of building materials extracted or manufactured within 300
miles of the site
• lighting fixtures controlled by occupancy sensors,
• covered bike parking within the garage to encourage use of alternate
transportation
• rainwater collection
• trash recycling center close to pick up location
4- From: Ellyse berg <eneXXXXverizon.net> Date: May 8, 2020 at 1:31:50 PM EDT- please
mitigate impacts- Member of the ZBA-- she commented about the size and scope of this project,
find is out of character with the neighborhood
5-Justin Machia- (201) xxx 17xx From: Justin Machia <jmachixxx@xxsx.com> Sent: Mon, Jun 1, 2020
2:40 subject: Fwd: Proposed parking lot- concerned with the temporary parking lot and the
lighting. Many of his comments centered around the temporary parking lot on the lands across
from the Hospital. Hospital has repeatedly stated that the ball field is a temporary solution to the
parking while the Garage is being constructed.
MaryLou Dillon and Caryn Cairns spoke concerning the loss of the public field.
Applicant will take remedial actions
Board Action-- WHEREAS, the Planning Board on June 1, 2020 determined that the Project was an unlisted
action under SEQRA, and reviewed the short form EAF accompanying the application and
requested that the Applicant complete a long form Environmental Assessment Form (EAF) and
hereby resolve to circulate a Notice of Intent to be Lead Agency and indicated a willingness to
assume Lead Agency to consider the proposed action’s environmental impacts with a view toward
identifying the relevant potential environmental impacts that could result from the development
of the project; and the assumption of Lead Agency Status being Seconded by while and approved
with a vote of 5-0.
Public Hearing remains open while the various experts and design opinions are gathered.
Escrows will be established for Galvin, Landscaping, Traffic consultants.
OTHER BUSINESS-- Motion to adjourn by Klose , seconded by Kestenbaum- passed by a vote of 5-0. Meeting
adjourned at 10:20 PM.
13
Agenda
Village of Nyack
Planning Board
Agenda
June 1, 2020
1. 35 LaVeta Place. Debra Gold. Application for tree removal.
2. 32 Tallman Avenue. Paul Walker. Application for tree
removal.
3. 90 Jefferson Place. Andre DeNonno. Application for tree
removal.
4. 152-154 Sixth Avenue. Nyack Community Ambulance Corp.
Application for Special Permit for apartments accessory to
not-for-profit ambulance facility.
5. 249-259 Main Street. Diana Place. Site plan application for
the demolition of existing structures, construction of multi-
family dwelling, subdivision for the merger of lots and special
permit for subdivision.
6. 160 North Midland Avenue. Nyack Hospital. Site Plan
application for the construction of a parking garage.
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