Planning Board Meeting

Village of Nyack Planning Board February 1, 2021 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney Don Yacopino - Chief Building Inspector Alan Englander Bob Galvin—Village Planner Seth Kestenbaum Karen Roberts alternate Jennifer Knarich alternate Absent: Peter Voletsky COVID-19 PANDEMIC STATUS~ another PUBLIC meeting held since the NYS “Pause” to address and contend with the world- wide CoronaVirus 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 which was extended through at least January 2021, 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 Time: March 6 2021 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. Kestenbaum recused from the application of 117-125 Main Street. All others affirmed there were no conflicts of interest or reasons for recusal, unless otherwise noted. Other Business: Chairman stated that the minutes for the January 4th, 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 December 7, 2020 Minutes as distributed. Motion seconded by Englander and then Approved by a Vote of 4-0. 1. 2-6 North Midland Avenue. Montclare. Application to extend building permit. Building Permit BP21018- 0015 was extended 6 months to 8/21/2020. The 120-day COVID-19 extension extended the expiration date to 12/21/2020. Building Inspector Applicant is seeking an administrative request from the Planning Board (no public hearing) to extend the building permit beyond the expiration date, pursuant to Article V, VON§360- 5.5A: § 360-5.5: Expiration of approvals and permits. A. Every building permit, certificate of appropriateness and approval by the Planning Board or Architectural Review Board shall expire if the work authorized has not commenced within 12 months after the date of issuance or approval or has not been completed within 24 months from such date. If no zoning amendments or other Village regulations affecting the subject property have been enacted in the interim, the Building Inspector shall authorize in writing the extension of the latter period by an additional six months, following which no further work is to be undertaken without a new building permit or approval of the Planning Board or Architectural Review Board.  Village of Nyack- Planning Board - ( 1st February 2021) 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 building permit beyond the expiration date, pursuant to Article V, VON§360-5.5A: BOARD - The Planning Board hereby grants the extension of time to commence construction of the Project for a period of two years; 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 4-0 to extend the approvals both site plan and for building permits for two year is approved. 2. 55 Gedney Street. Ira Emmanuel for Tidewater. Application to extend building permit. Building permit has been extended six months, to expire on March 13, 2021. This is an administrative request (no public hearing) to extend the building permit beyond that date an additional 24 months pursuant to Article V, VON§360-5.5 A: Building Inspector Applicant is seeking an administrative request from the Planning Board (no public hearing) to extend the building permit beyond the expiration date, pursuant to Article V, VON§360- 5.5A: § 360-5.5: Expiration of approvals and permits. A. Every building permit, certificate of appropriateness and approval by the Planning Board or Architectural Review Board shall expire if the work authorized has not commenced within 12 months after the date of issuance or approval or has not been completed within 24 months from such date. If no zoning amendments or other Village regulations affecting the subject property have been enacted in the interim, the Building Inspector shall authorize in writing the extension of the latter period by an additional six months, following which no further work is to be undertaken without a new building permit or approval of the Planning Board or Architectural Review Board. 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 building permit beyond the expiration date, pursuant to Article V, VON§360-5.5A: BOARD - The Planning Board hereby grants the extension of time to commence construction of the Project for a period of two years; 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 4-0 to extend the approvals both site plan and for building permits for two year is approved-- March 22,2023. 2  Village of Nyack- Planning Board - ( 1st February 2021) 3. 140 North Highland Avenue. Oak Hill Cemetery. Site Plan application for the construction of a mausoleum and request for recommendation to ZBA for required Area Variance. Property is in the SFR-1 zoning district. VILLAGE OF NYACK PLANNERS’ COMMENTS - AWAITING REVISED PLANS-SEQRA – the proposed action is an Unlisted Action. The Planning Board declared its intent to be lead agency at the November meeting. Notice of Intent (NOI) and GML referrals sent to Rockland County Planning, NYSDOT, Thruway Authority, the Town of Clarkstown and Village of Upper Nyack. We received responses from Rockland County Planning and Town of Clarkstown (which indicated a matter of local determination with no adverse impact.). Stormwater Management-Runoff reduction shall be achieved by infiltration, groundwater recharge, reuse, recycle, evaporation/evapotranspiration of 100 percent of the post- development water quality volume to replicate pre-development hydrology by maintaining pre-construction infiltration, peak runoff flow, discharge volume, as well as minimizing concentrated flow by using runoff control techniques to provide treatment in a distributed manner before runoff reaches the collection system. This requirement can be accomplished by application of on-site green infrastructure techniques, standard stormwater management practices with runoff reduction capacity, and good operation and maintenance. The following is a list of practices used during the design stage of the Mausoleum. • Reduction of Clearing and Grading – Clearing and grading limit was delineated to be the minimum required for utility and Mausoleum construction. This disturbed area will be restored as a Dry Swale to mitigate heavy rains. A Limit of Disturbance (LOD) is delineated and established based on the maximum disturbance zone, shown on the Overall Site Plan, Sheet C-3, Site Utility Plan, Sheet C-3.1, and Stormwater Management Plan, Sheet C-4.1 • Locating Development in less sensitive areas – The utility trench location was located as to create the least impact possible on the terrain • Soil restoration – original properties of soil will be restored to the best of the contractor’s abilities, in most cases, soil properties will be improved. • Reduction of Impervious Cover – by locating the Mausoleum adjacent and within close proximity of the exiting roadway, driveway reduction has been implemented by minimizing driveway area to reduce site impervious area. • Stormwater Planters locations to be under roof top drains at each corner of the proposed Mausoleum, and/or by each side of the building entrance. These planters create an aesthetic landscape, as well as provide treatment of water pollutants. Applicant-- meeting adjourned without appearance PUBLIC- NONE 3  Village of Nyack- Planning Board - ( 1st February 2021) 4. 90 Jefferson Street. Denonno. Request for referral to Zoning Board of Appeals for required variances associated with an application to erect a storage shed in front yard. Property is in a TFR zoning district. Building Inspector --Proposal is to install a 10’ x 10’ x 12’ high storage shed in north front yard. Pursuant to 360-3.2E(4)(b) – listed below – On a corner lot, front yards are required on both street frontages for buildings in residential districts. Area variances will be required from article III VON§360- 3.2E(c)(e)(f) for an accessory structure located in the front yard, not located at least four feet behind the front of the building and, at greater than 80 sq. ft., located less than 25 feet from any street line or three feet from any side or rear lot line. Applicant- APPLICATION APPEARS ON 2/1/2021 AGENDA FOR ADJOURNMENT PURPOSES ONLY BOARD -- NO VOTE. 5. 66 South Broadway. Kier Levesque for Wilkenson. Site Plan application to reinstate lapsed 2018 Variance and for referral to the Zoning Board of Appeals for an area variance for an increase in residential density for an additional dwelling unit. Building Inspector -- Property in DMU-1 zoning district. Proposal has been sent out for GML review. Application was previously heard on November 5, 2018 for the site plan for the four residential units. The current application is to reinstate the previous approvals but also approve a fifth residential unit in the basement that was formerly used by a commercial business. The unit is not on the ground floor and will have direct access to the rear yard. The application does not increase FAR or the footprint of the building. All work will be done on the interior and will not involve the exterior of the building. Village Planner Previous Description of the 2018 Application--This description refers to the previous application heard on November 5, 2018. The application is for the legalization of an existing fourth efficiency apartment. The lot size is 2,500 sf with 20’ frontage and 125’ depth. Property is completely landlocked. The first floor is occupied by the Christine Corder Salon (668 sf). There are two apartments on the second floor (400 sf and 363 sf). The third floor has a penthouse loft (720 sf) and a 400-sf efficiency apartment. The existing building is 3 ½ stories with a height of 38’. The building received a variance in May 1987 for the density increase allowing three apartments in the building. Comments from the ZBA minutes indicated that the two undersized apartments on the second floor were favorably viewed by the ZBA members and generally in keeping with the Code. The ZBA approved a special permit in 1987 for the project. The rear apartment on the second floor has a 100-sf outdoor deck. When the ZBA approved the variance in 1987 for three apartments in the building, the density was 30 units per acre. The density per acre in 2014 was increased to 50 units per acre to match the 2.0 FAR in the downtown. The applicant is not increasing the building’s FAR which is 1.6 where 2.0 is allowed. SEQRA - The proposed action is seeking the legalization of a fifth residential apartment in the basement replacing a commercial business. The space is above ground with direct access to the rear yard. It is not on the ground floor. The proposed action does not increase the footprint, nor does it increase the FAR. The action appears to be a minor action with no 4  Village of Nyack- Planning Board - ( 1st February 2021) significant environmental impacts. The action is for a residential apartment allowed by zoning with no use variance being required. The Planning Board determined this to be a Type II action when it approved the previous site plan for this project and can make the same determination for the current application. Applicant--Kier Levesque- In addition to the reinstatement, we are proposing a change of use for the below street level retail space into a studio dwelling unit. The site plan bulk table shows the proposed residential density increase to 5 units will require ZBA approval. There are no additional parking spaces required as noted on the site plan for the additional dwelling unit. We are requesting that the determination and final resolution from the November 5, 2018 hearing be reaffirmed and a recommendation to the ZBA for the additional dwelling unit. As you know the current Covid -19 pandemic has adversely impacted the retail market here in the village, and Mr. Wilkinson has been economically impacted by the loss of the lower-level retail tenant for almost a year. The proposed new residential unit complies with the zoning code in that it is below ground and not at street level where it is prohibited. A similar basement dwelling unit is located at 71 S. Broadway. The emergency egress for the proposed dwelling unit is located at the rear of the building and is at grade level. Public- NONE Board--BOARD-- Motion by Klose - to close the public meeting with respect to referral to the ZBA for an area variance - for an increase in residential density for an additional dwelling unit. Motion made to close the public hearing. Seconded by Englander - Motion to close the public hearing passed. Vote 5-0 to close. Board---- Motion by Klose -Klose makes a determination that this is a Type II action and no further review is required to make a positive recommendation to the ZBA to increase in residential density for an additional dwelling unit subject to approval for the variance by the ZBA and reasonable conditions being imposed by such board. Seconded by Englander - Motion to close the public hearing passed. Vote 5-0 to close. BOARD -- Klose makes a determination that this is a Type II action and made a motion to reinstate lapsed 2018 Variance and building permit for a period of one year subject to the ZBA’s approval of such reinstatement. Seconded by Englander. Vote 5-0- application approved. 5  Village of Nyack- Planning Board - ( 1st February 2021) 6. 67 Main Street. Arthur Cassidy. Site Plan application to establish ground floor living space and referral to ZBA for required use variance. Property is in DMU-I Zoning District. Building Inspector Applicant is requesting elimination of ground floor retail space and incorporate it into the residential portion of the building above ground floor. A use variance is required from Article II, VON 360-2.4B(2) for residential use on ground floor not permitted in DMU-1: 360-2.4B(2) District specific standards. (a) Ground floor uses in the DMU-1 District. In order to maintain an active streetscape for pedestrians and pedestrian-oriented businesses and activities in the downtown's core retail area, residential uses are prohibited along the entire length of the ground floor of the principal building adjacent to a public street in the DMU- 1 District. That nonresidential space shall be no less than 25 feet deep. A residential use may be located on the ground floor only when it shares that floor with another permitted use that occupies the portion of the floor adjacent to the street. SEQRA The building is located on lower Main Street just east of the existing barbershop. As a use variance, this would be an unlisted action. Since this is a use variance by the ZBA, it may be more appropriate for the ZBA to act as lead agency. If the Planning Board wished to assume lead agency status, it would need to send Notice of Intent (NOI) and wait for the 30 days before assuming lead agency status. Applicant-- use variance-- needs stairs to put his father at a tenant. The Chairman explained the difficulties of obtaining a use variance and indicated that additional documentation is necessary to file for such a variance. Planner and Building Department indicated that there might be additional ways to address the need and applauded that the applicant would file the within application to get a use variance. Chairman concerned about converting this into residential space given the tenor of the street Public- NONE Board-- Chairman notes that Planning Board of the Village of Nyack granted the application of TZ Vista, LLC to permit the construction of a 128-unit multi-family residential development comprised of three buildings with an accessory café, a riverfront park, and 282 parking spaces in the WF Zoning District (the “Project”); notes that this street, while not fully developed or reconfigured - it is and has been zoned for commercial on the first floor, and will likely get more commercial after the 128 unit development is completed. We have a legislature for a reason-- and it would seem that this street is reasonably considered commercial with the 42 Main Street Building and autobody on the other side; with restaurants. Chairman would make a negative recommendation to the ZBA on the grounds that it is likely that Main Street will likely continue in its development with more commercial type stores to the east of the barbershop. Would not recommend using a USE variance to change the use of this particular location upon the belief that Tideway is going 6  Village of Nyack- Planning Board - ( 1st February 2021) to be developed, as is the remainder of the block (including the parking lot across the street and the old tavern-- meaning that a first floor residential use is going to be incongruous forever. The Conditions for demonstrating hardship and obtaining a Zoning Variance include: Proving that existing zoning conditions prevent the applicant from realizing Reasonable Return; Demonstrating that the demand for variance is based on Unique Circumstances impacting only the property in question and not extending to the surrounding neighborhood; Illustrating that the variance won’t alter the Essential Character of the Neighborhood; and Showing that the need for a variance is not the consequence of Self-Created Hardship. PUBLIC:-- NONE BOARD-- no decision BOARD -- no decision, and public hearing remains open 5. 117-125 Main Street. Nyack Fresh Market. Site Plan Application for exterior property alterations associated with the creation of a supermarket. Building Inspector-- Property is in DMU- 1 Zoning District. Project includes exterior lighting, loading dock and sidewalk repair and replacement. Portions of the sidewalk appear to be partially or wholly on Village property. The applicant will be required to obtain easements or a licensing agreement with the Village to perform the work. PARKING- The site provides no parking spaces to the building. A 10,340 sq.ft. retail establishment is proposed to replace the previous theater. With one space required for each 150 sq. ft. the theater would require 69 parking spaces. With one space required for each 400 sq. ft. of floor area, the retail establishment would require 26 parking spaces. Pursuant to the following Village Code section parking requirements have been met: VILLAGE OF NYACK PLANNER’S COMMENTS FOR 1/4/21 Applicant has provided a signed copy of the Short Form EAF. SEQRA – The proposed action is a Type II action under 617.5 (c)(18) “reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special-use permit” No further environmental review is necessary. LWRP – as a Type II action, considered to be consistent with the LWRP according to the Village Code. Adaptive Re-Use. VILLAGE OF NYACK PLANNER’S COMMENTS FOR 1/4/21 After the January Planning Board meeting, I checked with John DeCicco, the CEO of the DeCicco’s Supermarket chain, regarding the adequacy of the trash enclosure and pickup schedule. He indicated that based on the 13,000-sf size of the store, the 10’ x 30’ trash enclosure would work. 7  Village of Nyack- Planning Board - ( 1st February 2021) Applicant has provided a signed copy of the Short Form EAF. SEQRA – The proposed action is a Type II action under 617.5 (c)(18) “reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special-use permit” No further environmental review is necessary. LWRP – as a Type II action, considered to be consistent with the LWRP according to the Village Code. Applicant has provided a rooftop aerial showing the rooftop mechanical equipment, a Site Layout drawing - C-301) revised 1/21/21 and a Project Narrative for the February meeting. The Project Narrative addresses the following items: Deliveries -store will receive approximately 4-5 deliveries per day Monday thru Friday between the hours of 6AM – 1PM. the average delivery is 30 minutes. The largest size trailer that will deliver to this location is 65 feet - usually 1 per day out of the 4-5 deliveries. The other deliveries are either smaller trucks or vans. Garbage/Recycling- containers for both trash and recycling will be in a 10’ x 30’ PVC slatted fence enclosure with a locking gate. anticipated pick-up schedule will be 4 times per week on Monday, Wednesday, Friday, and Saturday in the morning. Parking-use meets Village parking requirements and does not need variance. tenants are open to investigating long term parking for the portion of their employees that will not be walking or using public transportation. Shopping Carts- store will utilize 96 standard size shopping carts. The dimensions of the shopping carts are 34”W x 22”L x 40”H. The carts will be stored on the left exterior side of the main entrance to the Market as well as inside the store on the right side upon entering. Shopping cart corral will be located in the southwest corner by the exit vestibule for additional storage after customer use. employee dedicated to periodically gather carts from the parking lot and the cart corral and reposition them for customer use by the main entrance. HVAC/Rooftop Equipment new high efficiency rooftop equipment for the market will be placed in the middle span of the roof (see submitted aerial) in the same or similar locations of the existing theatre units which will be removed. building roof designed with a center-span “valley” (lower height roof section) running east-to-west, where all of the current units are installed. Farmers Market- Nyack Farmers Market currently operating in the Main Street Parking Lot on Thursdays from 9AM – 1PM. This will impact the ingress and egress of customers to the Nyack Fresh Market. The operator will meet with the Chamber of Commerce regarding cooperation in co-existing in the Main Street Parking Lot. Applicant-- project narrative -relative to this-- need a license agreement-- they will meet with Farmers Market and the Village attorney and applicant will work up indemnification language for next meeting. Public- Bill Batson from Farmers Market to work with applicant Board-- public meeting remains open-- applicant and village to work on matters of indemnification and 8  Village of Nyack- Planning Board - ( 1st February 2021) licensing the sidewalks etc. BOARD -- No action, however the board requested that the Village Planner prepare a draft resolution for consideration by the Board at its March meeting. 6. 17 North Franklin Street. Vibes Café. Site Plan application to create outdoor dining area and for referral to ZBA for area variance. Property is in DMU-1 zoning district. Property abuts the TFR zoning district to the east. Building Inspector-An area variance will be required from Article III, VON§360-3.2E(6)(b)[2] for the proposed location of outdoor dining facility closer than 50 feet from the TFR zoning district. An area variance is required from Article IV, VON§ 360-4.5C(1)&(2), Table 4-2 and from Article III, Von§360-3.2E(6)(b)[3] for 3 parking spaces required by the proposed outdoor dining. A 2004 survey is included which does not indicate current parking or lighting on the site, nor does it include proposed parking or lighting except for undefined “string lights” shown on Randall Bennett 4/26/2018 drawing. If variances and site plan approval were to be granted, VON§360-3.2E(6)(b)[1] would require setback of outdoor dining to be the same as for principal building. Dimensional Standards Table 4- 1, footnote (k), requires rear yard buffered setback from residential district of 15 feet. Applicant was granted an area variance on June 27, 2018 for outdoor dining on Franklin Street for outdoor dining closer than 50 ft. from MFR-1 zoning district. At a proposed outdoor dining area of approximately 432 sq. ft., three (3) additional parking spaces will be required which have not been provided. SEQRA - this is a Type II action under SEQRA NYS DEC 617.5 (c) (7)"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 and consistent with local land use controls, ........." Therefore, no SEQRA review is required. LWRP – As a Type II action, the Village Code considers this to be consistent with the policies of the Village’s LWRP. Prior Applications-Applicant was granted an area variance on June 27, 2018 for outdoor dining on front porch of the restaurant located on Franklin Street. Variance was for outdoor dining closer than 50 ft. from MFR-1 zoning district. Village Planner Report – Provided for Applicant’s original application in May 2018. Many of the comments in the report still remain valid with the new application. Applicant has indicated that he is pursuing the former application due to the pandemic and the limitations on indoor dining. To: Chair and Members of the Planning Board From: Bob Galvin, AICP – Village Planner CC: Don Yacopino, Building Inspector, Walter Sevastian, Village Attorney Date: 5/28/18 9  Village of Nyack- Planning Board - ( 1st February 2021) Re: 17 North Franklin Street – Application of Vibes Café Outdoor Dining in Rear Yard Application-- The Applicant is Rajeve Sathiyamurthy, the owner of Vibes Café. He appeared before the Planning Board on May 7, 2018, requesting site plan approval to use the rear yard for outdoor dining (5 tables). He is also seeking a positive recommendation from the Planning Board for a parking variance of four off-street parking spaces in conjunction with the increased outdoor seating and allowing outdoor dining within 50’ of the TFR zone to the east. Subject Property The subject property is located at 17 North Franklin Street consisting of 3,110 sf in the DMU-1 zone. It is situated on the east side of North Franklin Street between Main Street and High Avenue. The subject property has a 1 ½ story structure now occupied by the Vibes Café, a small Caribbean style restaurant. The restaurant has approximately 20 seats with two/three small tables on the front porch. The restaurant also has delivery and takeout service. Its hours of operation are 11 am – 8 pm Monday through Saturday. The restaurant has a handicap accessible ramp in the front. There is a 7.7’ access walk from the street to the rear yard along the northern property line. To the rear is a gravel covered yard which has an existing wood fence at the rear and side of the yard. This is the location for the requested outdoor dining tables. North Franklin Street has concrete sidewalks on both sides except for a gap on the east side, consisting of an asphalt sidewalk in front of the subject property and the adjacent property to the north (27 North Franklin Street). This asphalt sidewalk is flush with the street with no curb. The adjacent parking lot to the south is part of the subject property and consists of 3,130 sf. Both of these tax lots are in single ownership (Nyack Auto Repair) and part of the same property. The parking lot is shared by Vibes Café which is the tenant. The parking lot is asphalt and not striped. It appears to be able to accommodate 12 parking spaces properly configured. My field observations (5/21/18 and 5/28/18) indicated that there were an additional 2 - 4 vehicles parked in the center of the lot. Some of these vehicles may be from Nyack Auto Repair garage or the garage owner’s personal vehicles. It would be helpful for Vibes Café to clarify the exact nature of the parking arrangement. Surrounding Properties/Street Network The properties along both sides of North Franklin Street are zoned DMU-1, except for the Nyack Mews condominium in the MFR-1 zone at the corner of High Avenue and North Franklin Street. The Pilgrim Baptist Church on the corner of High Avenue/North Franklin and the Rockland Garden Apartments on North Franklin Street and Sickles Avenue are also in the MFR-1 zone. TFR zoning continues along High Avenue and includes both sides of Bridge Street to the east of the subject property. North Franklin Street is a 40’ wide two-way road with eight metered parking spaces on the west side and no parking allowed on the east side. High Avenue is a one-way street from west to east. Bridge Street to the east is one way north from Main Street with metered parking on both sides. Adjacent properties include a residential structure to the south at 15 North Franklin Street with a small parking area. To the north of the subject property is 27 North Franklin Street occupied by a craft furniture shop and residential units above. This property has a driveway for 2- 3 cars. Just north of this property is Nyack Auto Repair. On the west side of North Franklin Street are the Nyack Mews condominiums, the driveway to the Catherine Street parking lot and commercial businesses. 10  Village of Nyack- Planning Board - ( 1st February 2021) There is a three-unit residential structure on Bridge Street adjoining the rear yard of Vibes Café and a parking lot which abuts the parking lot adjacent to the restaurant. There is existing fencing along these properties together with several larger trees on the property line. Findings Parking/Sidewalks-During the public hearing, comment was provided by the owner of 27 North Franklin Street. His comments concerned parking on the asphalt sidewalk in front of his property as well as in front of the Vibes Café. His issue was primarily parking. He was also concerned about potential noise for his residents occupying the units upstairs which have a partial view of the rear yard. The existence of an asphalt sidewalk which is flush with the street and with no curb encourages its use for parking. Even though there is signage for no parking on this side of the street, it is important for the Village to provide a concrete sidewalk with curb in order to complete this gap in the sidewalk network along the east side of North Franklin. Another measure that could be used by the Village would be the use of bollards or other barriers along the street to keep vehicles from parking on the sidewalk. It is not clear what the specific parking arrangements for Vibes Café are for the adjacent parking lot. The applicant should provide information regarding these parking arrangements. At the least, the site plan should be expanded to include the adjacent parking lot which should be paved and striped. As part of the installation of a concrete sidewalk, an actual curb cut should be provided for this parking lot. Site Plan Issues --The site plan shows only overhead string lighting in the rear yard. This may be sufficient especially with ambient street lighting from North Franklin Street. The site plan also shows five tables with only a 10’ buffer from the TRF zone. This buffer should be expanded to a 15’ which may require the elimination of one table. Any approvals should provide for a specific number of tables allowed in the rear yard. The site plan shows minimal landscaping, namely, plants in pots. A more robust landscape plan should be required to provide noise attenuation to the 3-family residence at the rear. To address the potential impacts on residents in the adjacent building at 27 North Franklin Street, a 6’ fence should be provided on the northern property line from the café to the end of the rear yard.[1] Landscaping in the possible form of arborvitae would serve to provide similar visual and noise attenuation to these adjacent apartment units. Site Plan approval could also be conditioned on certain issues such as: · limitation on maximum number of patrons and small tables in outdoor dining area · provision of 15’ buffer to TFR zone · provision of recommended landscaping and fencing. · cooking not allowed in rear yard. · hours of operation to coincide with restaurant’s operating hours of 11 am - 8 pm on Monday through Saturday. · rear yard will be available on a seasonal basis only from May 15th until October 15th · no live or piped in music allowed outdoors. Land Use Tools --The only planning tools available to the Planning Board and ZBA are site plan and variances. Both variances and site plan approvals run with the property and not the business. While conditions can be attached to the site plan, it becomes a difficult enforcement issue going forward, 11  Village of Nyack- Planning Board - ( 1st February 2021) especially if the business changes ownership. I previously recommended the establishment of a special permit from the Planning Board especially if site plan approvals are required. Special Permit uses can have general conditions as well as conditions specific to the use. The Village Board did not pursue this approach. A new special use is required if the business changes ownership. Special permits in many communities have time limits with periodic renewals. For example, the Village of Mamaroneck will approve a special permit for an initial one-year period and then renew if there have been no problems that have arisen. The special permits will then get renewed every three years unless there is a change in ownership or there is a change in the use. [2] ________________________________________ [1] The Village Planner’s memos on the Avida Wine Bar request for rear yard outdoor dining (5/23/14, 5/1/15) had a specific concern related to the upper apartments in the wine bar building which looked out over the back yard. [2] Village Planner’s memo on special permits was provided to the LUTC Committee dated 6/12/17. The LUTC committee has requested a revised memo for their review together with proposed definitions for bars and restaurants. Applicant-- outdoor dining-- looking to add outdoor dining here in the rear yard. Members and public concerned that there are no ways to do a special permit to limit the difficulties of a permanent variance which runs with the land. While this applicant might abide law and the board wants to be sure that the pandemic’s impacts are mitigated, they are concerned about adding additional rear dining given the impacts on the neighborhood and potentially bad precedent set by such permission Public- From: Teresa Grenier <xxxx@loud.com> Date: February 1, 2021 at 4:44:06 PM EST To: mxxx@aol.com Subject: Need Assistance ASAP - hopefully before tonight’s 7PM Planning board zoom call Hi Bob-My name is Terri Grenier. I’m the owner/resident at 24 Bridge St., living directly behind the property where Vibes Cafe operates & is petitioning for outdoor seating. While I will be a participant on the Planning Board zoom call meeting tonight, I have a question I was hoping you might be able to answer. I’m wondering if you, or the planning board or other Village entity has access to the minutes of the meeting (2015 or 2016) when Vibes Cafe first approached the planning board with their petition to open. I was in attendance, as was the owner of 28 Bridge St. During that meeting the specific subject of outdoor seating was addressed - specific to the proposed area. The planning board made clear that area was off limits on a permanent basis. The board did agree to seating in the front of the building where at least the street is a buffer. I can’t recall if Jack Dunnigan was the Chair at the time - but he was surely on the board and took time to talk with all of us. Last year, Vibes owner - Raj - attempted to open up the area for outdoor seating in a covert way. He did not seek permission and began building. The owners of the adjacent property saw the attempt at construction and all of the adjacent property owners contacted the building department which subsequently shut the effort down. Well, here we are again. Basically I’m trying to determine if the Planning Board or Village Clerk or Building Dept can pull those minutes - or will I be compelled to FOIA them? I appreciate any insight you may have to offer. Thanks in advance, Terri Grenier 845-642-2575 Not feasible in the rear of this location- fire, second hand smoke-- families children and tenants to drinking-- 12  Village of Nyack- Planning Board - ( 1st February 2021) Ken Sipple -28 Bridge Street-- attended ZBA meeting-- back yards to the rear dining-- tenants all have in favor of the front building, but they do not want rear dining-- seating-- affects the sound and quality of life for people-- detriment to the residential district -- buffers 15 feet -- no location Franca Perpani— Capasso-- side yard-- there is no division between properties-- Vibes open Thurs, Fri, Saturday—they oppose. Board-- Member Klose expressed the reservations about the permanent nature of a variance in the rear yard and suggested a negative recommendation. Member Kestenbaum initially thought that no recommendation to the ZBA should be made, but ultimately joined the following. Member Englander initially questioned whether it would be possible to grant a Special Permit that would allow some limited outdoor use subject to a probationary period and regular renewal requirements which would not run with the land. As the Village Code does not allow this type of permit, it is not possible. Englander then agreed to go along with the Chair and Board. BOARD -- RESOLUTION By motion of Chairman Klose and seconded by Kestenbaum that the planned improvements are not in keeping with the nature and use of the rear yard in the Village, that similar applications have been denied; that Police Department is adamantly against additional seating in the rear yard of village residents (Memo dated December 2, 2013) and there appears to be no public benefit to granting more rear yard drinking establishments so the Planning Board hereby makes a negative recommendation to the ZBA with respect to the area variance from Article III VON§360-3.2E(6)[3] areas used for outdoor dining shall be included the calculation of required parking for the principal use; Per Article IV VON§360-4.5 C(2)-Table 4-2 a parking variance for three off-street parking spaces is required. Vote: 5-0. Site Plan-- REMAINS OPEN SUBJECT TO THE REVIEW BY THE ZBA. PLANNING BOARD SPECIFICALLY HOLDS FURTHER HEARING OVER TO CONSIDER ALL ISSUES ASSOCIATED WITH SUCH PROPOSED USE. OTHER BUSINESS-- Motion to adjourn by Klose, seconded by Englander- passed by a vote of 5-0. Meeting adjourned at 8:37 PM. 13