Planning Board Meeting

Village of Nyack Planning Board June 7, 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 Absent: Karen Roberts alternate-- Jennifer Knarich alternate 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 December 2021, requires that the public have the ability to view or listen to the proceedings and requires that all virtual June 7th 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. 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 May 3, 2021 meeting were distributed to 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 May 3, 2021 Minutes as distributed. Motion seconded by Englander and then Approved by a Vote of 5-0. 1. 149 High Avenue. Vartanian. Application for tree removal. Property is in TFR Zoning District. Arborist has submitted an estimated bill but has not yet provided a description of status of the tree. 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 Village Planner comment – before final action by the Planning Board, the condition of the tree should be reviewed and discussed by the arborist with the Board. SEQRA – The proposed action is a Type II action. LWRP – based on the Village Code, as a Type II action, this is  Village of Nyack- Planning Board - (7 June 2021) consistent with LWRP policies. Arborist’s evaluation letter included DEAD dated 10-20-2020 Village Planner comment – before final action by the Planning Board, the condition of the tree should be reviewed and discussed by the arborist with the Board. Apparently, this has not yet occurred. Applicant— Joe Remy Dolinsky-- tenant from the house-- neighbor Diane Calhoun-- and tenant concerned about this tree-- letter from O’Sullivan Tree-- concerned about various nuisance trees remove-- black walnut tree-- very valuable tree-18 inch diameter--narrow tree-- neighbor started the ball rolling- two trees were planted-- would plant -- would need some sort of consent of the owner / permission of the owner and arborist or other professional- - to justify removal PUBLIC-- none. BOARD-- Motion by Klose - to close the public meeting with respect to removal of black chestnut tree. Motion made to close the public hearing application to remove the tree. Seconded by Voletsky - 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 granted-- approved. Seconded by Voletsky. Vote 5-0- application approved. 2. 32 Tallman Avenue. Peter Vermasin. Site Plan application to construct a deck on the east side yard. Property is in SFR-1 zoning district. Proposal complies with zoning requirements. Property is in SFR-1 zoning district. Proposal complies with zoning requirements. ARB approved the proposal on May 19, 2021.Motion by Member Steinhorst to approve the application with the stipulation that the size will be reduced from 12' x 10' to 12'x 8'. Seconded by Member Lanzetta, approved by a vote of 4-0. 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. No planning issues have been identified. Applicant- has amended application to have a 12 by 10 foot deck. 2  Village of Nyack- Planning Board - (7 June 2021) Public-FROM: Ann & Stan Cracovia We reside at 10 Orchard Street and our property lies to the immediate east and below the property at 32 Tallman Place. We object, not to the construction of the deck, but to its location because it would severely impact our privacy as there is no buffer between our two properties. According to the submitted plans, if the deck were allowed to be constructed at the proposed location, it would leave 13' 4" from the end of the deck to our property line. Whereas if the deck were relocated to the rear of the building it would be 23' 4" from our property line and 17' 9" form the property line to the north. Should the relocation require a rear yard setback variance, we would not object to one being granted. It should also be noted that access to the deck in its current proposed location would be through a sliding glass door which was installed without receiving the approval of the various Nyack Village Boards. In 2000 an application for the installation of French doors at the present location of the sliding glass door was made but subsequently dropped without receiving approval. ~Ann & Stan Cracovia BOARD-- Motion by Klose - to close the public meeting with respect to this application . Motion made to close the public hearing application to construct the side deck. Seconded by Kestenbaum - 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 addition of a side deck granted-approved as proposed. Seconded by Voletsky. Vote 5-0- application approved. 3. 77 Sixth Avenue. Site Plan application to add covered porch over existing front deck, with new stairs to grade. Replace siding and windows. Create new roof and covered porch over existing mudroom and deck. Building Inspector -- Property is in TFR zoning district. Application has been sent out for GML review. Front yard covered porch complies with zoning regulations. Replacement roofing, siding and windows complies with zoning regulations. Proposed alterations to nonconforming west side mudroom will require an area variance from the following Article I, VON§360-1.9E: E. Nonconforming buildings. The alteration, enlargement or horizontal extension of a building that is nonconforming with respect to dimensional and development standards, as specified in Article IV of this chapter, is permitted unless the degree of the existing nonconformity of the building is increased by such alteration, enlargement or horizontal extension. Increasing the height of a wall or roof that is nonconforming shall be deemed to be an increase in the degree of nonconformity. [Amended 7-16-2015 by L.L. No. 3-2015]. Creation of legal third floor habitable space will require an area variance from Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for creation of a third story where two stories are permitted. SEQRA – The proposed action is a Type II action. LWRP – based on the Village Code, as a Type II 3  Village of Nyack- Planning Board - (7 June 2021) action, this is consistent with LWRP policies. No GML correspondence has been received. Planning Board should confirm that this is a Type II action. The Planning Board will need to make a recommendation to the ZBA regarding the area variance. Applicant would then return to the Planning Board for site plan review and approval. ARB-- Nonconforming buildings. The alteration, enlargement or horizontal extension of a building that is nonconforming with respect to dimensional and development standards, as specified in Article IV of this chapter, is permitted unless the degree of the existing nonconformity of the building is increased by such alteration, enlargement or horizontal extension. Increasing the height of a wall or roof that is nonconforming shall be deemed to be an increase in the degree of nonconformity. [Amended 7-16-2015 by L.L. No. 3-2015]. Conclusion: 1. Having no comment by the public, the public hearing is closed on a motion by Member Robertson, seconded by Member Healey, approved by a vote of 5-0. 2. Motion by member Robertson to approve the application as presented, seconded by Member Steinhorst, approved by a vote of 5-0 Standards for Area Variance--(1) whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether an alleged difficulty is self-created. APPLICANT- Robert Palmerini-- roof porch on deck in the front-- step down- raising deck to front porch level PUBLIC- NONE BOARD-- Motion by Klose - to close the public meeting with respect to request and recommendation to the ZBA for the addition of a Third Floor Residence - the request to improve the third floor and increase the existing non-conformity and increase of the non-conforming area to add a third-floor improvements and to sprinkler the house. Seconded by Kestenbaum - 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 4  Village of Nyack- Planning Board - (7 June 2021) (c)(10) and consistent with the LWRP policies and to make no particular recommendation to the ZBA as the Planning Board with respect to increase of the non-conforming area to add a third floor improvements and to sprinkler the house on the ground that the Planning Board can see no particular Planning Issues associated with the proposed increased non- conformity of a third floor so long as it is safe under the NYS and local building codes. Seconded by Englander. Vote 5-0- application approved. 4. 53 Route 59. NY Fuel Distributors. Site Plan application for the demolition of existing building and gas pump canopy and re-locate on site and request for recommendation to Zoning Board of Appeals for required variances. Building Inspector-- Property is in CC Zoning District. Application remains open with the ARB. Property is in CC zoning district. Applicant— PUBLIC-- none. matter on the agenda for adjournment purposes only BOARD--public hearing remains open BOARD -- no action taking-- awaiting traffic consultant 5. 140 North Highland Avenue. Oak Hill Cemetery. Continuation of 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. FOR May 3, 2021 Village Engineer FOR May 3, 2021 Village Engineer has provided detailed comments dated 4/28/21 to Applicant’s annotated response to her updated report, dated 4/1/2012, regarding revised site plan. Though the response letter states additional information will be submitted, the Village Engineer indicates that she has not received any further document or plan re-submissions for review. Applicant’s Engineer should address the Village Engineer’s comment re: stormwater cited above. The Applicant should formally address the Village Engineer’s comments in her review dated 10/30/20. As part of any resolution, a stormwater maintenance agreement will be required to be executed with the Village and filed with the Rockland County Clerk’s Office prior to issuance of any building permit. With the new stormwater plan submitted, the Village Engineer had expressed concern with the proposed diversion swale being diverted to the channel on North Highland Avenue, which is a known flooding area. She requested that the impacts of this diversion need to be clearly demonstrated. 5  Village of Nyack- Planning Board - (7 June 2021) The Village Engineer’s latest review dated 4/28/21 requests additional details which had been requested and the Applicant’s Engineer in her annotated response indicated would be provided. This updated information has not been received by the Village Engineer. The stormwater issue is the remaining issue that needs to be resolved before the Village Planner can complete a Negative Declaration for this proposed action. SEQRA needs to be closed out before the Applicant can proceed to the ZBA for the requested height variance for an accessory use, namely, the mausoleum. Planner Recommendation--Village Engineer should review the updated SWPPP for the Planning Board. Applicant should provide a set of revised plans reflecting County Planning’s GML comments. Applicant should address Village Engineer’s 10/30/20 comments and provide a memo summarizing the status of these items and other changes on the plans. PUBLIC-- none. BOARD-- No ACTION 6. 23 Route 59. Claudio Iodice. Site Plan application for proposed retail/warehousing building and request for recommendation to Zoning Board of Appeals for required variances. Property is in the CC zoning district. Building Inspector-- APPEARS ON June 7, 2021 CALENDAR FOR ADJOURNMENT PURPOSES ONLY 7. 262 A&B Main Street. Lino Sciaretta for Tarrasenko. Application to amend previous Site Plan application. Property is in the DMU-2 zoning district. ON FOR ADJOURNMENT PURPOSES ONLY PUBLIC-- none. BOARD—NONE 8. 88 Third Avenue. Kier Levesque for Howard Reiss. Site Plan application for a ground 6  Village of Nyack- Planning Board - (7 June 2021) floor addition, second floor addition and window replacement. Building Inspector Property is in TFR zoning district. Proposal complies with zoning requirements. ARB approved the application on May 19, 2021. SEQRA – The proposed action is a Type II action based on 617.5(c)(11) “construction or expansion of a single family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections. LWRP - based on the Village Code, as a Type II action, this is consistent with LWRP policies. Applicant- Reiss two additions-- north west corner along Marion Street and expand existing problems Public- NONE-- BOARD-- Motion by Klose - to close the public meeting with respect to ground floor addition, second floor addition and window replacement. 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)(11) and consistent with the LWRP policies and to approve ground floor addition, second floor addition and window replacement pursuant to the application. Seconded by Englander. Vote 5-0- application approved. 9. 21 First Avenue. Kier Levesque for Lucas Lopes. Application for dormer above second floor, extension of front porch to the east, new porch deck above front porch, new porch railings and request for referral to ZBA for required variance. Building Inspector--. All proposed work, except for dormer, which will create a third floor, comply with zoning regulations. An area variance is required from Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for creation of a third story where two stories are permitted. SEQRA – The proposed action is a Type II action based on 617.5(c)(11) “construction or expansion of a single family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections. LWRP - based on the Village Code, as a Type II action, this is consistent with LWRP policies. 7  Village of Nyack- Planning Board - (7 June 2021) ARB Voted not to approve the application on May 19, 2021. Applicant has indicated his intention to appeal the ARB decision to the ZBA pursuant to Article V, VON §360-5.19. Revised plans have been submitted for May 19, 2021 meeting, placing dormer at rear/south side of house and other alterations as outlined in Architect's narrative dated 4/28/21 . All proposed work, except for dormer, complies with zoning regulations. An area variance is required from Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for creation of a third story where two stories are permitted. 6. Testimony from the public: - Neighbor across the street Martha Singer states:• wrap-around porch blocks view of bay windows, best feature of the house, from street• dormer is bigger now than on previous proposal• examples provided by architect show houses that seem bigger than this house • changing a small house to a large house isn't a given and applicants knew what they were getting when they bought the house - Next door neighbor Nancy Blaker Weber states: • privacy issue because deck above the porch is right outside her bedroom window; suggests Juliette balcony • making small house big into nothing • suggests setting dormer back to lessen impact Board Findings • Reconsider the wrap-around porch - keep as it is currently• Juliette balcony instead of deck above porch with door instead of middle window• Set back dormer to make it smaller, more in keeping with original submission 3. Applicant is not willing to reconsider the design and requests up-or-down vote. Village Planner Recommendation – While this application is under court review under an article 78, the Planning Board should take no action until there is a judicial decision rendered. Property Owner may go to ZBA-- Considering a recommendation to the ZBA-- process of the Board-- make a SEQRA recommendation-- and see if the Applicant. Applicant--Jodi Cross the Attorney -- Application to Appeal the ARB-- Preparing submission. This application for an expanded front porch and a referral to the zoning board for a third-floor dormer to the rear (South) side of the house which will create a third story where two stories are permitted. The new front porch wraps around to the east side and has a deck above. The newly created space in the attic meets the definition of a third story and requires a variance. While we are not raising the main ridge, we are creating habitable space under the new south dormer. As noted on the site plan various existing setbacks are non- conforming and at the ZBA's description may be memorialized. This application is not making the existing side or rear yard more non-conforming, they are existing conditions. 8  Village of Nyack- Planning Board - (7 June 2021) Public Trini Hertzberg 25 First Avenue Nyack, NY10960 I have lived on First Avenue for 20 odd years and have seen a lot of change. I am writing in support of the home renovation project proposed by my new neighbors Lucas Lopes and Aaron Patterson of 21 First Ave. Lucas and Aaron have already made a number of improvements to the property. In our conversations, they have been conscientious in wanting to be considerate of their neighbors and are anxious to be part of their new community. Their proposal seems entirely in harmony with the architectural features of the neighborhood. There are several examples of second floor porches on this street, to say nothing of the surrounding neighborhood, which I believe add to the charm of the place and make sense when there is a view to be had. The proposed dormer addition is also in harmony with local architecture, and is small compared with the ones on either side of me which were approved in the last few years. Ray Wright brought his house much closer to mine and the Weber's addition on the back of their house, virtually on the property line, fully eliminated half of my view of the river. So there's plenty of precedent for even a far more impactful addition to be approved. Lucas and Aaron have already demonstrated their good faith and willingness to incorporate their neighbor's concerns in their plans. I urge you to welcome this proposal as the community should welcome this wonderful couple who will love and care for their home and add value to our street. Thank you for your time and consideration. Best wishes, Triny Hertzberg Nancy Blaker Weber- separated by only a driveway-- not bordering --objected to the proximity to her bedroom Martha Singer-- concerned about the architectural review -- in a view corridor-- concerned about the rear dormer. Eleanor Schuster-- neighbor down the street does not think it is a significant impact on the neighbors. BOARD-- Application for dormer above second floor, extension of front porch to the east, new porch deck above front porch, new porch railings and request for referral to ZBA for required variance. All proposed work, except for dormer, which will create a third floor, comply with zoning regulations. An area variance is required from Article IV, VON§360-4.3, Dimensional Standards Table 4-1 for creation of a third story where two stories are permitted. Standards for Area Variance--(1) whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would 9  Village of Nyack- Planning Board - (7 June 2021) not require a variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether an alleged difficulty is self-created. BOARD-- Motion by Klose - to close the public meeting with respect to the request to improve the third floor and increase the existing non-conformity and increase of the non-conforming area to add a third-floor improvements and to sprinkler the house. Seconded by Rothschild - 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 make no particular recommendation to the ZBA as the Planning Board with respect to increase of the non-conforming area to add a third floor improvements and to sprinkler the house on the ground that the Planning Board can see no particular Planning Issues associated with the proposed increased non- conformity of a third floor so long as it is safe under the NYS and local building codes Seconded by Rothschild. Vote 5-0- application-. 10. 90 Jefferson Street. Denonno. Continuation of request for referral to Zoning Board of Appeals for required variances associated with an application to erect a storage shed in front yard. APPLICATION APPEARS ON 5/3/2021 AGENDA FOR ADJOURNMENT PURPOSES ONLY OTHER BUSINESS-- Motion to adjourn by Klose, seconded by Kestenbaum - passed by a vote of 5- 0. Meeting was adjourned at 8:12 PM. 10