Planning Board Meeting

Village of Nyack Planning Board March 1, 2021 Minutes Members Present: Also Present: Peter Klose - Chair Walter Sevastian, Village Attorney Laura Rothschild Don Yacopino - Chief Building Inspector Alan Englander Bob Galvin—Village Planner Peter Voletsky Seth Kestenbaum Karen Roberts alternate Jennifer Knarich alternate Absent: Laura Rothschild Alan Englander 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 February 1, 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 Karen Roberts and then Approved by a Vote of 3-0. 1. 214 North Broadway. Mary and John Goddard. Application for tree removal. 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— no plans to replaint PUBLIC-- none. BOARD-- Motion by Klose - to close the public meeting with respect to removal of the tree. Motion made to close the public hearing application to remove the tree. Seconded by Voletsky - Motion to close the public hearing passed. Vote 4-0 to close.  Village of Nyack- Planning Board - ( 1st MARCH 2021) 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 9 February 2021 granted. Seconded by Voletsky. Vote 4-0- application approved. 2. 52 South Midland Avenue. Kier Levesque for Erica Bloomenthal. Application to remove and replace a one car garage. Property is in TFR zoning district. ARB approved the application on January 20, 2021 SEQRA - The proposed action is a Type II action under 617.5 (c)(12) “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;” No further environmental review is necessary. LWRP – based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant— This application is to replace an existing garage with a new smaller garage. The existing garage is non -conforming with a side setback of 11" and the proposed garage is located 3' from the side yard where it will not need any variances. GARAGE PLANS ELEVATIONS AND SECTION 52 S. MIDLAND AVE. NYACK, N.Y. 10960 Bloomenthal PUBLIC-- none. BOARD-- Motion by Klose - to close the public meeting with respect to replacement of a garage by application dated 12/16/2020. Motion made to close the public hearing application to replace the garage. Seconded by Karen Roberts - Motion to close the public hearing passed. Vote 4-0 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 Garage application for Replacement dated December 16, 2020 granted. Seconded by Roberts. Vote 4-0- application approved. 3. 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. VILLAGE OF NYACK PLANNER -- Circulated a proposed resolution. Village Attorney is working with Attorney to get licensing in place. Applicant-- Public- Roger Cohen-- 9-2 PM-- Farmers market -- License Agreement NYACK CHAMBER OF COMMERCE LETTER-2-89-2021 -The Farmers Market operates every Thursday, 12 months a year, in the large municipal parking lot adjacent to the building at 117-125 Main Street (formerly the River Space building and Helen Hayes Theater). The Farmers Market utilizes the entire parking lot, in 2  Village of Nyack- Planning Board - ( 1st MARCH 2021) order to provide space for the approximately 30 vendors at the Farmers Market, and to provide ample room for safe social distancing of vendors, staff and customers in the parking lot. We are concerned and request that during the stages of construction and operation of the Nyack Fresh Market that debris, garbage, containers and shopping carts not be permitted to take space in the municipal parking lot. If there were to be debris and/or containers and shopping carts in the lot, that would impinge on the full lot utilized by the Farmers Market. We understand that the building to house Nyack Fresh Markets has doors on its south side, which may be used to accommodate construction and operations movement. Also, we are concerned that such debris or containers would be a hazard to the staff, vendors, and customers of our Farmers Market. Customers enter the Farmers Market parking lot from all sides, including three entrances that are directly adjacent to 117-125 Main Street, Nyack. Abundant caution must be paid. Additionally, we request that Nyack Fresh Market and its customers not be able to have vehicles in the parking lot from 6 am until 3 pm every Thursday (and the Wednesday before Thanksgiving). Board-- Motion by Klose - to close the public meeting with respect to replacement of a garage by application dated 12/16/2020. Motion made to close the public hearing application to remove the tree. Seconded by Roberts - Motion to close the public hearing passed. Vote 4-0 to close. BOARD -- NOW, THEREFORE, BE IT RESOLVED that the Site Plan application submitted by Nyack Fresh Market for exterior property alterations and interior renovations associated with the creation of a supermarket in the former theater in the Riverspace building located at 117 – 125 Main Street as reflected on the set of approved plans listed above is hereby granted, subject to the following conditions: (a) The Applicant shall obtain all required state, county and local permits and approvals. (b) Prior to issuance of a building permit, Applicant shall obtain final approval from the Architectural Review Board. (c) Prior to the start of any sidewalk replacement and/or repair in the Village r-o-w, the applicant will need to obtain easements or a licensing agreement with the Village Board to perform the work. The work shall be done in accordance with Village specifications. The license shall address interaction between the Supermarket and the Farmers market with indemnification and to address the interaction with the Parking Lot and Farmers Market (d) Prior to the issuance of a building permit, the Applicant shall provide indemnification for the Village of Nyack against any property damages or personal injuries caused by shopping carts on Village property in a form satisfactory to the Village Attorney. (e) The Applicant (Nyack Fresh Market) will maintain a dedicated employee on-site during operating hours to gather carts from the parking lot and the cart corral and reposition them for customer use by the main entrance. (f) The Applicant (Nyack Fresh Market) have indicated that they are open to investigating long term parking for the portion of their employees that will not be walking or using public transportation. Applicant shall propose an agreement with the Village to provide a specified number of such long- term parking spaces in a form and manner satisfactory to the Village Attorney and Village Administrator. 3  Village of Nyack- Planning Board - ( 1st MARCH 2021) (g) Applicant will keep the Riverspace municipal parking lot free of debris, garbage, containers, and shopping carts during the stages of construction and operation of the Nyack Fresh Market. Second by Voletsky-- Ayes: Klose, Voletsky, Roberts and Knarich. OTHER BUSINESS-- Motion to adjourn by Klose, seconded by Englander- passed by a vote of 5-0. Meeting adjourned at 7:25 PM. 4