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					Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Rye Planning Board
Rye Town Hall 7:00 P.M. MINUTES OF THE MEETING February 10, 2009 Members Presents: Chairman, Donald Cavallaro; Mark Galvin; Priscilla Jenness, Selectmen Representative; Martin Zivic; Samuel Winebaum; Patricia Weathersby, Alt; and Bob Brown, Alt. Vice- Chairman Mel Low; Jaci Grote, Clerk and William Zechel, Alt. Kimberly Reed, Planning Administrator

Absent: Also Present:

Chairman Cavallaro called the meeting to order at 7:07 pm and led the Pledge of Allegiance. Designation of sitting alternates: Chairman Cavallaro seated Patricia Weathersby for Jaci Grote and Bob Brown for Mel Low. Approval of the January 13, 2009 Minutes – Action Required. Chairman Cavallaro requested a motion to accept the minutes of January 13, 2009. Patricia Weathersby requested the following corrections: page 3, 6 th paragraph, last sentence, correct “lots 24 and 18” to be “lots 24 and 28”. Page 4, 2 nd paragraph to read “Patricia Weathersby replied that some parking spaces would need easements; each easement would be addressed individually in the deeds for each lot. Page 5, correct that Attorney Parks was representing Mr. & Mrs. Kobzik not the Cady’s. Sam Winebaum requested page 4, 7th paragraph from the bottom be clarified by replacing the sentence with “Samuel Winebaum stated that sometimes verbal agreements made between parties are not upheld, so any agreements or conditions need to be listed on the recorded site plan and/or Notice of Decisions.” Motion: made by Sam Winebaum to approve of the minutes of January 13, 2009 with the requested corrections. Seconded by Priscilla Jenness. All in favor. Public Hearing on Proposal – Action Required. Continuation of the Major Site Development Plan for Webster at Rye Skilled Rehabilitation Addition for property located at 795 Washington Road, Tax Map 11, Lots 006 & 052 construct a single story addition to the existing nursing home for a new skilled care rehabilitation gym, dining room and sitting room with 4,000 sq ft of new construction and additional parking; File No.: 03-08.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Chairman Cavallaro stated that at the applicants request this item has been continued to March 3, 2009. (See copy of letter attached from Altus Engineering, Inc. by Eric Weinrieb dated January 26, 2009.) Motion: made by Sam Winebaum to continue the hearing for a Major Site Development Plan for Webster at Rye Skilled Rehabilitation to March 3, 2009 . Seconded by Patricia Weathersby. All in favor. Change in Notice of Decision from the January 13, 2009 approval on the Lot Line Relocation for the Caminati Trust File No.: 01-09 to remove the stipulation that the shed be taken off the final site plan. Chairman Cavallaro opened this item for discussion Kim Reed stated that at the last meeting Mrs. Caminati stated that the upper right side shed shown on the plan had been removed. Kim Reed continued, stating that since then Attorney Pelech has confirmed that this shed has not been removed and has sent an email requesting the Board revise its Notice of Decision by removing the condition; that the recorded plans are updated to show this shed removed. She further stated that since this shed has not been removed, then the approved plans as shown at the last meeting are correct and just the Notice needs to be revised. Kim Reed read the email from Attorney Pelech dated January 14, 2009 confirming the shed is still in place (28 Park Ridge lot-upper left area.) as it has been for years and was not part of the boundary lines being relocated. Discussion was held regarding the two existing sheds and which shed they felt Mrs. Caminati was referring to at the last meeting as being removed. The discussion ended with the confirmation that the Board was referring to the incorrect shed (24 Park Ridge Ave.) and that both sheds still remain. Mark Galvin stated that he feels that the Board could not re-open this hearing without proper notification and therefore they could not revise the Notice of Decision. Patricia Weathersby clarified that the plans are correct therefore she feels the Board can issue a new Notice of Decision. Mark Galvin agreed this could be done if the plans are correct and the exact same plans were already approved. Motion: Made by Patricia Weathersby to issue a new Notice of Decision that does not have the shed removal updated on the plan stipulation and that the plan approved is correct. Seconded by Priscilla Jenness. All in favor. Mark Galvin questioned the Chairman why Attorney Donovan wasn’t present tonight and if the attorney was only attending meetings that the Chairman requested?

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Chairman Cavallaro replied that Attorney Donovan is here as his schedule allows adding that it is not necessary for him to be present at every meeting. Minor Site Development Plan for 50 Lafayette Road, Tax Map 14, Lot 17 the property of 50 Lafayette Rye Realty for the existing building to be used by New England Building Materials for office storage. It is not a retail space, it is office space for 3 employees to work on blue prints and meet with builders. File 03-09. Chairman Cavallaro stated that at the applicant’s request this item has been continued to March 3, 2009. Motion: made by Mark Galvin to continue the hearing for Minor Site Development Plan for 50 Lafayette Road, Tax Map 14, Lot 17 the property of 50 Lafayette Rye Realty to March 3, 2009 . Seconded by Bob Brown. All in favor. Minor Site Development Plan for 11 Sagamore Road, Tax Map 24, Lot 24 to build a 20,000 square feet building for retail to replace the one that burned down in order to reconstruct for a new dry cleaners and art gallery in the Commercial District. File No.: 04-09. Chris Albert, Senior Project Manager of Jones & Beach Engineers, Inc. and the applicant, Mr. Kim were present. Chairman Cavallaro opened this hearing for discussion Samuel Winebaum pointed out that the building is not proposed as 20,000s.f. and that this is just a typo on the agenda. All plans and the application have the correct building footprint size. Mark Galvin requested clarification on how proposals are determined to be major or minor site plans. Chairman Cavallaro replied that once this proposal is reviewed, it could be discussed and decided if the Board felt this is a major or minor site plan. Chris Albert stated that they have filed as a minor site plan however; they have included numerous items for the Board’s information that are required by a major site plan review. Chris Albert explained that this was the site of the old Sagamore Animal Hosptial and is located next to Seaport Fish. The applicant Mr. Kim is currently the owner of the dry cleaning business across the street and he would like to re-locate to this site. The dry cleaning business is a drop off and pick up with a painting area/gallery to be located on the second floor for his sister. Chris Albert continued stating that the previous existing 2,803s.f. building burned down last December. This proposal is to replace the burnt building with a new 2,552s.f. retail building. He continued stating as shown on the plans they propose to install a curbed island with a reduced curb cut of 22 feet. The interior parking area would be large enough to keep vehicles turning inside the lot and not backing out onto Sagamore Road. The island is proposed at the request of

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

DOT. (See attached copy of letter from DOT dated January 29, 2009.) He further stated that they have received relief from the BOA regarding the parking. Chris Albert stated that the two story building would meet the front and side setbacks which would make this lot more conforming than the old building was. The front parking spaces proposed are six (6) spaces with one of these spaces a handicap space and three (3) additional spaces in the side rear area for a total of nine (9) spaces. He continued stating that the septic system to be installed in the rear of the building was approved in 2007 and is a clean water solution system. The snow storage area and lighting details are shown on the plan. Water service and drainage information as shown on sheet C3 was discussed. Chairman Cavallaro questioned if this dry cleaning business would be about the same size as his existing business across the street. Chris Albert replied yes, within a few feet of the same size. Mr. Kim stated that his business is currently over 900s.f. and the proposal is for 1,100s.f. Chris Albert explained the calculations he used for the parking spaces needed. For the front business area of 150s.f. and storage area in the upstairs, he used the furniture calculation. He said that the parking was reviewed by both Susan Labrie and himself to see how many spaces would be necessary for this type of business and the gallery upstairs. Kim Reed stated that both the Fire and Police Departments have commented on this proposal and the parking. (See attached copies of comments.) Mark Galvin asked if the dry cleaning business area is now broken into two spaces. Chris Albert replied yes, the front business area and a storage area. Mark Galvin questioned the number of employees need for this type of business. Chris Albert replied one employee would be needed with Mr. Kim coming in and out a few times a day to deliver and pick up laundry. Chairman Cavallaro questioned if the new proposed building would have the same or less impact on the drainage and wetlands. Chris Albert replied yes, adding that due to the buildings in this area he feels this has trapped the water and created this wetland area which is less than one acre in size. Mark Galvin questioned what keeps the water from entering the building. Chris Albert replied that the height of the slab foundation would keep the water out.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Mark Galvin questioned the amount of increase if any, of the building and paved area on the lot. Chris Albert replied that 43.6% existed and 45.3 % is proposed for an increase of 1.5%, he further stated if requested they could add more green space to the lot. Chairman Cavallaro questioned why a full bathroom is proposed on the first and second floor. If the second floor is to be just an art gallery why would a full bathroom be necessary? He said if the owner may want to convert this in the future to an apartment, then they should just state that information within the application. Otherwise, with a full bathroom upstairs and apartment not approved as a type of use they could run into future issues. Chris Albert stated that he does not know why a full bathroom is proposed on the second floor. He is just representing what his current client is proposing as a use. He further stated that a condition as to the gallery use allowed could be added; a condition that the gallery will have no more than one student at a time as already been added by the ZBA. Chris Albert stated that the new septic system is designed up to 300 gallons of usage per day. He further estimated that at most 35 gallons per person would be used per day. Samuel Winebaum questioned if any changes are proposed to help with the current drainage issues. Pervious and impervious areas were discussed. Chris Albert stated that the lot is very flat. The only helpful revision for drainage would be a roof drain to guide the water flow off the building and towards the wetland area. Existing water drainage flow was discussed. Bob Brown stated that the water flows into the wetland area (low area) and just percolates thus creating the wetland species etc. Chris Albert replied yes. Patricia Weathersby pointed out an error on the plan showing 1.5 spaces needed in the front parking area. Chris Albert agreed that this is a calculation error on the plan and is to be corrected. It should state .75 spaces needed. (Front area 6’ by 25’= 150s.f. so, .75 needed.) A foundation survey would probably be done. Chairman Cavallaro stated that the proposal has been reviewed by Attorney Donovan and wants to know if this follows Section 603.1 of the zoning. He feels this building needs to be smaller due to the lot size and wetland area. He continued stating that the applicant may need further ZBA approvals and would like Attorney Donovan to review this proposal further.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Chris Albert stated that the impervious runoff would not be changing. Mark Galvin agreed the building should be smaller full two story structure, not a smaller second story. Patricia Weathersby stated that she is concerned with the proposed full bathroom upstairs and potentially used as an apartment. Chris Albert stated that he thinks the previous apartment was an approved apartment and they would just be in keeping the same approved use. Bob Brown disagreed and stated that he doesn’t believe the previous apartment was approved. He further requested proof if the apartment was legal to be submitted to the Board. Chris Albert stated that the apartment was shown on the 2007 approved septic plan. Kim Reed replied that this does not make the apartment legal. Mark Galvin agreed that this just approved the septic design. The Planning Board did not accept this as a legal apartment. They would need to provide information proving this was a legal apartment. Patricia Weathersby requested that the total proposed square footage of the first and second floor of the building and septic be shown along with the figures showing whether this proposal would make the lot less non-conforming or more conforming. Chairman Cavallaro agreed with Ms. Weathersby and said if they want an apartment then they need to present this use request. He stated that he feels the building needs to be smaller with more parking spaces proposed. Samuel Winebaum further requested more green space be added and stated his concerns with the change of use if a new business came or if the lot was sold to a new owner. Priscilla Jenness questioned if there was a building in the rear or just kennels? Chris Albert stated that it was just fenced-in kennels. Chairman Cavallaro suggested using gravel parking spaces. Chairman Cavallaro opened the hearing for any public comments or questions. Rich Pettigrew owner for 13 Sagamore Road (Seaport Fish) stated that his major concern is the existing water issues and the new building creating further issues. He further stated they currently pump water when needed off their lot. Drainage flow and current standing water locations were discussed.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Rich Pettigrew said that he doesn’t believe the apartment was legal. He added that he is concerned with allowing an “Art Gallery” which could be used by some else who would not be a single, family member etc. and would have many more customers or students coming in and out. He finished stating that he would also like to see a smaller building proposed and water drainage issues addressed as best they could. Mark Galvin stated that he is concerned the BOA is not aware of the building size and increase in bulk being proposed. Patricia Weathersby stated that she attended the last BOA meeting where they really only discussed the parking and 30’ setback. Mark Galvin stated that in reviewing the minutes of the ZBA it doesn’t appear that the ZBA members where led to believe this building would be any different from the previous one. He further stated that he feels this proposal would need additional ZBA approvals. Patricia Weathersby requested confirmation that the existing wetland is not more than an acre. Samuel Winebaum stated that as proposed tonight, he feels this is a major site plan. Chairman Cavallaro stated that the site plan needs work and additional information is needed before the Board would accept jurisdiction on this application. Mark Galvin stated that he wants to see a proposal that makes this lot more conforming, He added that if not proposing more impervious area and the same square footage two-story building, then he feels they would not need any further ZBA approval, but additional parking spaces would need a variance. Kim Reed stated that the ZBA either accepts or denies what the applicant is seeking relief from, they do not make recommendations. She continued to say that it’s up to this Board to list the items they want addressed. Chairman Cavallaro read the email from Attorney Donovan addressing his concerns with meeting section 603.1 of zoning and wetland issues. He further stated that they need to refer to the last approved site plan for comparisons and not what may have been added through the years. Chairman Cavallaro closed the public portion of the hearing at 8:42 p.m. and opened for Board discussion. Chairman Cavallaro questioned if there was an area of ledge on this lot. Chris Albert replied yes a small area that has been filled in.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Patricia Weathersby requested that “retail” be used to calculate the Art Gallery required parking spaces, she feels this would help define any future uses. This Board needs to look at the long term uses. Mark Galvin stated that an apartment would need to be approved. Chairman Cavallaro stated that even if they did create an apartment without approval that this would be an enforcement issue. Samuel Winebaum stated that he also need supporting information of the necessary spaces and proof that nine (9) spaces would be adequate. However, don’t try to force the calculations to reach the nine (9) spaces. Chairman Cavallaro stated that they do have hard data considering they have the same business across the street. Mark Galvin stated that doesn’t believe the two (2) spaces being used across the street are currently adequate for the business. Chairman Cavallaro asked if the applicant wanted to continue this hearing. He requested that the applicant review all the information/requests discussed tonight and come back with revisions/approvals and information needed. Motion: Made by Martin Zivic to continue the application for a Minor Site Development Plan for 11 Sagamore Road to March 3, 2009. Seconded by Priscilla Jenness. All in favor. Public Hearings: Action Required Proposed Amendments to Land Development Regulations The Rye Planning Board will hold public hearings on February 10, 2009 at 7:00 p.m. at the Rye Town Hall on two proposed amendments to its Land Development Regulations which would: (1) amend Appendix C to increase the Notice Fee for applications from $30 to $50 and to increase the Abutter Notice Fee from $5 per abutter to $8 per abutter; and (2) amend Sections 403.1, 403.2, 404.2, 404.4, 404.5, 405.2, 405.3 to require 6 copies of the full application package (instead of 4 copies), including 6 sets of 24” x 36” plans; one set of 11” x 17” plans; and one electronic copy of the plans in PDF format, if available. Copies of the proposed revised fees schedule and of the proposed revised checklist for applications are posted at the Rye Town Hall and available from the Planning Office. Chairman Cavallaro opened the first hearing for proposed amendments to the Land Development regulations at 8:57 p.m. Chairman Cavallaro stated that the Board discussed the reasons for amending the regulations in part because of the increase in costs to copy, mail etc. to the Town.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Samuel Winebaum suggested on page 3 change “one electronic copy” to read “one PDF file”. Martin Zivic questioned why the number of plans etc. needed to be 6 instead of 4. Kim Reed explained that some towns have staff attending meetings to review all the information. However, they don’t do this for Rye and she needs to make copies. She named the departments that need to receive and review the plans other than the members. Mark Galvin disagreed with increasing the number of copies that are needed and stated his concerns about not going “green”. He further stated that all applications should be submitted as PDF files to save the trees. Kim Reed replied that PDF files are not required in the regulations at this time. Patricia Weathersby stated that after hearing the number of departments etc. that need to view the information, requiring 6 copies is supported and not unreasonable. Mark Galvin stated that he looks at the maps that are sent to his computer in PDF. Further costs of the extra plans were discussed. Mark Galvin stated that at this current time with the economic issues it is not the time to increase the costs to the residents. He further noted that plans are expensive to create and copy; unless the applicants are given an option to submit applications by PDF format then he is against this amendment. He finished by stating that the option to submit by using a PDF file would help be an incentive for applicants too use this type of paperless form in the future. Martin Zivic stated that they should implement the new requirements first then make additional changes once established. Kim Reed agreed with Mr. Zivic and stated that requiring submittals to be in PDF format would create changes in different areas of the requirements and it would just make this confusing to the applicants. Samuel Winebaum requested a correction to the required copies and sizes to be changed from “1 copy of 8.5 x 11” to be “1 copy of 11 x 17”. Samuel Winebaum suggested the members not receive copies and that one submittal be required. The overhead projection could then be used for the Board to review applications. Mark Galvin stated that they need to be receiving plans as a PDF at least 50% of the time. Martin Zivic stated that a system for the future would need to be reviewed and discussed. Patricia Weathersby agreed and stated that this is something that can be worked on in the future and would like Mr. Zivic to do this review.

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Unapproved PL BD 02 /10/09 minutes See Minutes of Mar. 2009 for Corrections/approval.

Kim Reed stated that if the Board approved of the amendments tonight as proposed then a second hearing would not be required. The changes made tonight can be done. Motion: made by Mark Galvin to not adopt the amendments as proposed for the Land Development Regulations. Seconded by Martin Zivic. 1- Mark Galvin voted in favor. Martin Zivic, Patricia Weathersby, Bob Brown, Priscilla Jenness and Don Cavallaro voted against. 6-1. Motion fails. Motion: by Patricia Weathersby to approve the amendments as advertised and proposed for the Land Development Regulations, with the correction of the error and that the electronic copy be changed to be a PDF file and size 11 x 17 instead of 8.5 x 11. Seconded by Martin Zivic. Mark Galvin stated that at the current state of the country this is not the time to impose increased fees and additional copies of plans created by trees. Chairman Cavallaro responded by saying he agrees in part with Mr. Galvin’s statement however; to have the Town have to reproduce the applicants maps etc. would cause the costs to refer to the tax payers; for this reason he feels the burden of cost should fall to the applicant. Martin Zivic, Patricia Weathersby, Bob Brown, Priscilla Jenness and Don Cavallaro voted in favor. Mark Galvan opposed. 6-1 motion carries. Non-Public Hearings: Action Required Payment of Escrow – Kim Reed stated that she has been unable to locate the confirming documentation for the escrow account created for George Scully, Trustee of the Pig Pen Realty Trust. She further stated that she would continue to try and locate this information. Committee Reports Kim Reed informed the Board of the February 18, 2008, 7 p.m. scheduled meeting for the Zoning Committee regarding Workforce Housing to be held here in the courtroom. Communications/miscellaneous-None. Public Comment-None. Adjournment: Motion by Mark Galvin to adjourn the meeting at 9:10 pm. Seconded by Bob Brown. All in favor. Respectfully Submitted, Heather Austin

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