Planning Board Meeting

Village of Nyack Planning Board July 12, 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 Absent: ; Karen Roberts alternate-- Jennifer Knarich alternate Peter Voletsky- Seth Kestenbaum COVID-19 PANDEMIC STATUS~ IN PERSON THIS MONTH 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 June 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 June 3, 2021 Minutes as distributed. Motion seconded by Englander and then Approved by a Vote of 3-0. 1. 53 Route 59. NY Fuel Distributors. Continuation of 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. APPLICATION APPEARS ON JULY 12, 2021 AGENDA FOR ADJOURNMENT PURPOSES ONLY Applicant— PUBLIC-- BOARD-- Motion by Klose NONE 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-- Seconded by Englander. Vote 5-0- application  Village of Nyack- Planning Board - (12th JULY 2021) 2. 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. Applicant provided additional information for the July 12, 2021 meeting. Awaiting Village engineer’s comments. Additionally, a SWPPP consisting of 500 pages was submitted for review by Applicant’s site engineer on July 6, 2021. Village Planner has prepared a preliminary Neg Dec for the project but is waiting for final review by Village Engineer before finalizing for the Planning Board. Village Engineer has provided detailed comments dated 7/8/21 to Applicant’s annotated We are in receipt of re-submission of plans for the above captioned project consisting of: • Engineering plans - T-1.0, EX-S, WS-MAP, DA-EX, DA_PRO, C-1, C- 1.1, C-2, C-2.1, C-3, C- 3.`, C-3.2, C-4, C-5,C-6, last revised 6/22/21, prepared by Atlantic Consulting and Engineering, LLC. • SWPPP dated July 2, 2021 prepared by Atlantic Consulting and Engineering, LLC. We have commenced our review of this re-submission and offer the following review comments; drainage analysis and calculation review comments and SWPPP review will follow under separate cover: Site Plan review comments: 1. All of the stormwater management improvements shall be clearly shown on the C – 1.1, Drainage and Grading Plan. It is not clear how the stormwater is intended to enter the cultec underground infiltration system. There is only one 6-inch pipe shown connecting from one planter. 2. All roof leader connections shall be shown. 3. It is unclear if the system is intended to collect surface run-off. There does not appear to be any proposed catch basins in the immediate area of construction collecting surface run-off from new impervious surfaces. 4. The proposed 12-inch ADS storm infiltration pipe is downgradient and within 15 feet of the septic leach field. Further review is needed to confirm there will be no adverse impacts from the leach field seeping effluent through the soils towards the infiltration pipe stormwater system shown on C-1. 2  Village of Nyack- Planning Board - (12th JULY 2021) 5. Sheet C-6 provides generic, manufacturer details of the cultic system. Site specific layout details of the system, shown in plan view, shall be provided to include roof leader or other pipe connections, inverts, size, length, manifold location and size, observation ports, clean out ports; all details to allow the builder to accurately construct the system. 6. The stormwater planters should be revised to reflect the current plan. As shown in the detail, they are intended to abut the structure. This is not consistent with the current plan. 7. The location of the proposed diversion trench appears to remain in conflict with gravesites. 8. The grades and the discharge points of the diversion trench shall be clearly shown. Sheet C-1.1 appears to have the diversion trench discharging southerly towards the neighboring properties. 9. Is the proposed diversion trench intended to be a permanent stormwater feature? It is shown on C-3.2 in conflict with the proposed retaining wall and on C-1.1 in a different location. This shall be revised to be consistent. 10. The location of the proposed water quality basin as detailed on C-2.1 shall be identified on the plans. 11. Sheet C-3.1, Site Utility Plan indicates the extent of the proposed gas, water and electric utility extensions. It appears that conflicts remain between the location of the proposed utilities and gravesites. 12. The water, gas and electric utility connections are proposed to be constructed in immediate proximity to the existing trees along the southern property line, as shown on C-3.1. The trees are noted to remain. The feasibility to install these utilities and also to maintain the tree buffer should be re-evaluated. It appears the root systems will be damaged, and the trees will be adversely impacted. 13. The material of the ADA ramp shall be noted. The proposed grading adjacent to the ADA ramp is unclear. It is unclear if a handrail and edge protection is needed adjacent to the planters and at the north end of the ramp as it approaches the landing. 14. There appears to be a conflict in grades where the proposed slotted ADS drain intersects the proposed ADA ramp. There is not enough clearance between the top of the system and the ramp. 3  Village of Nyack- Planning Board - (12th JULY 2021) 15. The surface treatment of the courtyard areas north and south of the structure, between the structure and retaining walls, shall be noted. 16. All door openings shall be coordinated with the architectural plan and shown on the plans. All proposed walks or drives shall be shown. 17. The concrete wash out area shall be added to the Erosion Control Plan. 18. The Erosion Control notes shall be amended to be project specific and refer to the Village. 19. A Landscape Plan shall be provided noting all of the proposed plantings. 20. A Lighting Plan shall be provided. We will continue our review of the Site Plan after ZBA upon receipt of the additional information noted above. The Chair noted that the Village Planner has prepared a draft Neg Dec for the project which has been reviewed by Eve Mancuso, the Village Engineer. The Negative Declaration below was read into the record and is provided below as part of the Planning Board’s Minutes. Planner Recommendation--The proposed action is for the construction of a Community Mausoleum, approximately 5,700 sq. ft accessory structure within the Oak Hill Cemetery facing Route 9W. Community Mausoleum is centrally located on-site, hidden from view and built into the cemetery's steep slopes. The mausoleum building will contain 373 casket spaces and 1,140 niche spaces. This structure has 4,200 square feet of interior space. The mausoleum will have stair and ramp access at the front exterior of the building. The proposed building will be serviced by its own new, septic system, new water, electric and gas service through an underground utility trench. The addition of a community mausoleum will help the cemetery provide the community with above ground burials and will help keep up with burial demands. One of the key advantages of a community mausoleum is that it will actually reduce the amount of land that is used for a burial and is, therefore, more ecologically friendly than an underground burial. An area variance from the ZBA is required from Article III, VON §360-3.2E(1)(g) for an accessory building greater than 12 feet in height. Applicant has provided an updated SWPPP (rev. 7/2/21) which will be reviewed by the Village Engineer. Applicant has addressed the recommendations of the Rockland County Planning Department in their GML letter dated 9/15/20. Prior to the start of construction or grading, all soil and erosion control measures must be in place for the site. Use of on-site green infrastructure techniques, standard stormwater management 4  Village of Nyack- Planning Board - (12th JULY 2021) practices with runoff reduction capacity, and good operation and maintenance result in no net increase in the peak rate of discharge from the site at all design points. A stormwater maintenance agreement will be required to be executed with the Village and filed with the Rockland County Clerk’s Office. The following practices have been used in the design of the mausoleum: 1)Reduction of clearing and grading to minimize limits of disturbance; 2) utility trench located to create the least impact possible on the terrain; 3) soil restoration; 4) blue roof (roof top detention), underground stormwater retention system; minimize driveway area; new catch basins; 5) stormwater planter locations sited to provide treatment of water pollutants. The site is not located in a critical environmental area and does not include wetlands. Based on the Planning Board’s review of EAF Pt 2, applicant's provided information, GML responses, comments by the Village Engineer, the Planning Board has determined the proposed action will not result in any significant environmental impacts that would rise to the level of significance required for a Positive Declaration. Proposed by Klose, seconded - Englander- 3-0. Applicant- would like to proceed to ZBA Public-NONE BOARD-- Motion by Klose - to close the public meeting with respect to this Neg. Dec. Seconded by Englander - Motion to close the public hearing passed. Vote 3- 0 to close. BOARD -- Klose made a motion to permit Peter Klose to sign the Neg Dec. as Chairman of the Planning Board and to refer the matter to the ZBA for a determination of the Variance issue. Seconded by Englander. Vote 3-0- application approved. BOARD-- Motion by Klose - to close the public meeting with respect to the positive recommendation to the ZBA. Seconded by Englander - Motion to close the public hearing passed. Vote 3- 0 to close. BOARD -- Klose made a motion to issue a positive recommendation to the ZBA for a determination of the area variance issue as to the height of the accessory mausoleum will have a de minimis effect on the property. Seconded by Englander. Vote 3-0- application approved. SITE PLAN REMAINS OPEN 5  Village of Nyack- Planning Board - (12th JULY 2021) 3. 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 July 13, 2021 CALENDAR FOR ADJOURNMENT PURPOSES ONLY 4. 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 5. 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--. Property is in the TFR zoning district. Application sent out for GML review on 5/27/2021. To date, RC Department of Planning is the only agency to respond. FOR JULY 12, 2021 The Zoning Board of Appeals vacated and annulled the ARB May 19, 2021 decision and granted an area variance for creation of a third-floor dormer and second floor deck on June 28, 2021. “The remainder of the application, if any, is remanded to the Architectural Review Board for consideration of the factors set forth in VON Code 360- 15(C)(2) in accordance with this decision.” 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. The Planning Board confirmed that the application was a Type II action at its June 7th meeting. With the decision by the ZBA and remand to the ARB for reconsideration, the Planning Board will be able to take action after final action by the ARB. 6  Village of Nyack- Planning Board - (12th JULY 2021) Village Planner Recommendation – grant approval based upon all submissions included in the Village of Nyack Planning Board as part of the application Applicant--Board can grant site plan application subject to reasonable considerations and conditions of the ARB but subject the ZBA decision which limits the ARB to the review of building materials under Code 360-5.15 (c) (2). Public -- hearing none BOARD-- Motion by Klose -close public hearing with respect to the Site Plan application dated 3-21- 2021 revised 5-12-2021-- Site Plan approval. Seconded by Englander - Motion to close the public hearing passed. Vote 3-0 to close. BOARD -- Motion by Klose to grant site plan application subject to reasonable considerations and conditions of the ARB, but subject to the ZBA decision referenced above approving the application and subject only to the review of building materials under Code 360-5.15 (c) (2). Seconded by Rothschild. Vote 3-0- application-. 6. 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 sent out for GML review on 5/27/2021. RC Department of Planning is only agency to respond. • 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 Article I, VON§360-1.9E. 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. FOR JULY 12, 2021 , Information provided that: 1) Architectural Review Board approved the application on May 19, 2021. 2) Zoning Board of Appeals granted area variances for creation of third floor and increase in nonconforming west side mudroom. 7  Village of Nyack- Planning Board - (12th JULY 2021) SEQRA – Village Planner indicated that The proposed action is a Type II action based on 617.5(c)(11). LWRP - based on the Village Code, as a Type II action, this is consistent with LWRP policies. There are no site plan issues related to this application. The Application has received the necessary ARB approval and the required area variances from the ZBA. The Planning Board is in a position to make a motion to approve the site plan for this application. No GML correspondence has been received. 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 hearing relative to the Site Plan and accept the Site Plan dated 4-29-2021. Seconded by Englander - Motion to close the public hearing passed. Vote 3 -0 to close. BOARD -- Klose made a motion to accept the Site Plan Application dated 4-29-2021 Seconded by Englander. Vote 3-0- application approved. OTHER BUSINESS-- Motion to adjourn by Klose, seconded by Englander - passed by a vote of 3-0. Meeting was adjourned at 7:25 PM. 8