Village of Wesley Hills Planning Board February 27, The meeting was called to order by Vera Brown, Chairman, at 7:30 p.m.

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1 Village of Wesley Hills Planning Board February 27, 2013 The meeting was called to order by Vera Brown, Chairman, at 7:30 p.m. Present: Vera Brown-Chairman, Marvin Finker, Rachel Taub, Ruth Ivey, Gad Wolicki-First Alternate, Alexandra Wren-Second Alternate Also Present: Frank Brown-Deputy Village Attorney, Liz Mello-Village Engineer, Jeff Osterman-Village Planner, Janice Golda-Deputy Village Clerk Absent: Uri Kirschner SPECIAL PERMIT APPLICATION FROM MIRIAM ARONOFF FOR A HOME BUSINESS. Affecting property located on the north side of Pearl Drive -0- feet east of NYS Route 306. Designated on the Ramapo Tax Map as Parcel ID# Ira Emanuel, Esq. represented the applicant. Mr. Emanuel stated there was a TAC meeting with the Village consultants on February 6, 2013 and was asked to submit a narrative outlining ways in which this application met and did not meet current special permit requirements and how the home business would be operated. The narrative was provided on February 25, Mr. Emanuel stated that, at this point, a public hearing needs to be scheduled at which time a more formal presentation will be submitted to the Board. Vera Brown, Chairman, requested that the applicant submit a landscaping plan prior to the public hearing. Ruth Ivey motioned to adopt the following resolution. Marvin Finker seconded. Resolution #13-5 RESOLVED, that a public hearing on the application of Miriam Aronoff for a special permit for a home business for property located on the easterly side of Route 306 and the northerly side of Pearl Drive, known as 2 Pearl Drive and designated on the Town of Ramapo Tax Maps as Section 41.07, Block 1, Lot 31, will be held before the Planning Board of the Village of Wesley Hills on the 24 th day of April, 2013 at 7:30 P.M., at the Village Hall, located at 432 Route 306 in the Village of Wesley Hills, subject to the condition that the applicant shall submit a proposed landscaping plan no later than April 10, Vote: Vera Brown-Yes, Marvin Finker-Yes, Rachel Taub-Yes, Ruth Ivey-Yes, Gad Wolicki- Yes. Motion Approved

2 PUBLIC HEARING ON THE APPLICATION FROM CONGREGATION DERECH EMES FOR A SPECIAL PERMIT AND SITE PLAN APPROVAL FOR A NEIGHBORHOOD GATHERING. Affecting property located on the east side of Wilder Road approximately 225 feet from the intersection of Carter Lane. Designated on the Ramapo Tax Map as Parcel ID# Yaakov Mittel and Stanley Mayerfield, architect, represented the application. Vera Brown confirmed with Janice Golda that the public hearing notice was published, posted and mailed. Mr. Mittel reviewed with the Board and the public their request to use the downstairs of their single family dwelling for a neighborhood gathering. Mr. Mittel said that the Board visited the site on February 3, Mr. Mittel explained that everything requested has been submitted and reviewed and asked the Board for approval of the special permit for a neighborhood gathering. Liz Mello, Village Engineer, asked the Board s opinion about the walking path following their site visit. The Board members stated that they found that: the path had lighting from neighboring houses but, if it becomes necessary, a small landscaping light could be installed, the path is a short walk, flat and not hilly and surrounded by houses with lights, and the inground pool should be adequately protected by a substantial covering. Liz Mello requested submission of the previously agreed-to confirmation letter that the pool will not be open for use. Ms. Mello suggested that the pool could be drained or the applicant should install a hard walkable pool cover. She stated that the Rockland County Mosquito Control will inspect and keep track of the conditions of the pool. Jeff Osterman asked about screening on the left (north) side of the parking area. Board members replied that they did not think that additional screening was needed because the nearest part of the house on the adjacent lot to the north was only a garage, and the house was uphill. The Board discussed the Fire Inspector s February 25, 2013 memo requiring compliance with all fire and safety codes as it applies to places of assembly and verification of maximum occupancy allowed by the Fire Code. Ruth Ivey said she would like to see the front of the house spruced up. Marvin Finker asked whether there would be any signage, and the applicant replied no. Vera Brown opened the public hearing and asked if anyone wished to speak. Stuart Salkin, 120 Willow Tree Road, asked if the residence, once approved, will be taxexempt as a house of worship. Vera Brown said that that issue is not under the purview of this Board. Mr. Mayerfied replied that they do not see the entire dwelling as tax-exempt. Mr. Salkin was informed by the applicant that their present intent is to partially use the dwelling for their shul. How it is taxed will be determined by the Town of Ramapo Tax Assessor. Marshall Katz, 6 Roven Road, asked for more details on the parking arrangements. The applicant replied that the required parking spaces are located on-site and off-site, and he 2

3 indicated the locations of the spaces. Mr. Katz asked about the maintenance of a permanently closed pool especially with no sunlight and filter equipment running. Mr. Katz questioned the safety of having a pool on premise because it still has to be maintained to prevent, for example, overflow. Mr. Katz suggested that it might be safer and more cost effective with the cost of chemicals, electricity, etc. to remove or fill in the pool. Gad Wolicki said that one of the ZBA conditions requires no street parking and requests that this condition be checked periodically for compliance. Marvin Finker inquired about special events and how parking will be handled. The applicant responded that they can accommodate parking for their maximum occupancy of 38 people. Frank Brown stated that since the Board has not heard back yet from the Rockland County Dept. of Planning regarding this special permit, the application and public hearing will have to be adjourned until the next Planning Board meeting. Marvin Finker motioned to adjourn the application until March 13, Ruth Ivey seconded. Vote: Vera Brown-Yes, Marvin Finker-Yes, Rachel Taub-Yes, Ruth Ivey-Yes, Gad Wolicki- Yes. Motion Approved and the application is adjourned until March 13, RECOMMENDATION TO THE VILLAGE BOARD OF TRUSTEES ON PROPOSED AMENDMENTS TO THE ZONING LAW. Following Frank Brown s review and a detailed discussion amongst Board members and Village consultants on three proposed amendments to the Zoning Law, the Planning Board recommended the following: Concerning the proposed law dealing with exempt contractors signs on residential lots, Gad Wolicki motioned to adopt the following resolution. Ruth Ivey seconded. Resolution #13-6 WHEREAS, the Board of Trustees of the Village of Wesley Hills is considering the adoption of a proposed local law entitled A Local Law Amending Section of Local Law No. 14 of 1984, as Same Was Previously Amended Pursuant to Local Law No. 1 of 1999 ; and WHEREAS, the Board of Trustees has referred such proposed local law to this Board for review and report pursuant to Section 13.5 of the Zoning Law, and this Board has thereupon considered such proposed local law; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby recommends that such proposed local law be modified in the following respects: 3

4 (1) a definition of the term residential services provider, which term is introduced into the Zoning Law by such proposed local law, should be added to Section 2.4 of the Zoning Law, and therefore such proposed local law should include an additional section containing that definition; and (2) such proposed local law should limit the number of such signs to a maximum of two signs per lot and one sign per contractor or service provider; and BE IT FURTHER RESOLVED, that this Board hereby approves the form of such proposed local law, as so modified, and recommends its adoption as so modified, for the following reasons: 1. The sole purposes and effects of such proposed local law, as so modified, are to clarify the types of permitted temporary construction signs and the time period during which they may be displayed, which regulations are in the public interest; and 2. For the foregoing reason, such proposed local law would be in furtherance of the purposes of the Zoning Law; and BE IT FURTHER RESOLVED, that a copy of this Resolution, which shall be deemed to be a report of this Board, shall be transmitted to the Board of Trustees forthwith. Vote: Vera Brown-Yes, Marvin Finker-Yes, Rachel Taub-Yes, Ruth Ivey-Yes, Gad Wolicki- Yes. Motion Approved Concerning the proposed law dealing with the approval process for solar energy collectors, Gad Wolicki motioned to adopt the following resolution. Ruth Ivey seconded. Resolution #13-7 WHEREAS, the Board of Trustees of the Village of Wesley Hills is considering the adoption of a proposed local law entitled A Local Law Amending Section of Local Law No. 14 of 1984, to Revise the Zoning Law of the Village of Wesley Hills With Respect to the Installation of Solar Energy Collectors ; and WHEREAS, the Board of Trustees has referred such proposed local law to this Board for review and report pursuant to Section 13.5 of the Zoning Law, and this Board has thereupon considered such proposed local law; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby recommends that such proposed local law be modified in the following respect: 4

5 (1) for an application for a solar energy collector that does not require Planning Board approval (because it is proposed to be installed on an existing roof), such proposed local law should require that, in the event that the color of the roof is different from the color of the solar panels, a skirt shall be installed around the array of solar panels so that the portion of the roof that is pitched towards the street appears to be the same color as the solar panels, whenever the Building Inspector determines that the installation of such a skirt is feasible; and BE IT FURTHER RESOLVED, that this Board hereby approves the form of such proposed local law, as so modified, and recommends its adoption as so modified, for the following reasons: 1. The sole purposes and effects of such proposed local law, as so modified, are to eliminate the requirement for architectural review by the Planning Board for solar panels that are to be installed on an existing roof so long as they are visually as unobtrusive as possible, thereby expediting the procedure for approval of such panels; and 2. For the foregoing reason, such proposed local law would be in furtherance of the purposes of the Zoning Law; and BE IT FURTHER RESOLVED, that a copy of this Resolution, which shall be deemed to be a report of this Board, shall be transmitted to the Board of Trustees forthwith. Vote: Vera Brown-Yes, Marvin Finker-Yes, Rachel Taub-Yes, Ruth Ivey-Yes, Gad Wolicki-Yes. Motion Approved Concerning the proposed law dealing with inactive applications before the Planning Board, Gad Wolicki motioned to adopt the following resolution. Ruth Ivey seconded. Resolution #13-8 WHEREAS, the Board of Trustees of the Village of Wesley Hills is considering the adoption of a proposed local law entitled A Local Law Amending Local Law No. 14 of 1984, to Revise the Zoning Law of the Village of Wesley Hills in Order to Empower the Planning Board of the Village of Wesley Hills to Dismiss Applications Pending Before the Planning Board of the Village of Wesley Hills Which Shall Remain Dormant for a Period of Twelve Successive Months or More ; and WHEREAS, the Board of Trustees has referred such proposed local law to this Board for review and report pursuant to Section 13.5 of the Zoning Law, and this Board has thereupon considered such proposed local law; 5

6 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby recommends that such proposed local law be modified in the following respects: (1) the grant of discretion to the Planning Board to dismiss an application that has not been pursued by the applicant for at least twelve successive months should not appear in proposed Section (which is a sub-section of Section 4.5 setting forth performance standards), but instead (a) such grant of discretion in the case of an application for a special permit should be set forth in a new Section and (b) such grant of discretion in the case of an application for site plan approval should be set forth in a new Section ; and (2) the Planning Board should be required to give written notice of its intent to dismiss an application at least three weeks in advance to an affected applicant; and BE IT FURTHER RESOLVED, that this Board hereby recommends that the text of the proposed new Section should read as follows: Dismissal of Inactive Applications: Whenever an application for a special permit shall have been adjourned for at least 12 successive months at the request of the applicant, the Planning Board may adopt a resolution dismissing the application if it has concluded that the applicant is not pursuing the application in a timely manner. Before the adoption of a resolution dismissing this application, the Planning Board must give written notice of at least 3 weeks to the applicant indicating its intent to consider such a resolution. ; and BE IT FURTHER RESOLVED, that this Board hereby recommends that the text of the proposed new Section should read as follows: Dismissal of Inactive Applications: Whenever an application for approval of a site plan shall have been adjourned for at least 12 successive months at the request of the applicant, the Planning Board may adopt a resolution dismissing the application if it has concluded that the applicant is not pursuing the application in a timely manner. Before the adoption of a resolution dismissing the application, the Planning Board must give written notice of at least 3 weeks to the applicant indicating its intent to consider such a resolution. ; and BE IT FURTHER RESOLVED, that this Board hereby approves the form of such proposed local law, as so modified, and recommends its adoption as so modified, for the following reasons: 6

7 1. The sole purposes and effects of such proposed local law, as so modified, are administrative, so that the Planning Board will be empowered to dismiss inactive applications, in a manner consistent with the applicants rights, instead of having such inactive applications remain indefinitely on its agenda; and 2. For the foregoing reason, such proposed local law would be in furtherance of the purposes of the Zoning Law; and BE IT FURTHER RESOLVED, that if the Board of Trustees wishes for the Planning Board to have a similar power to dismiss inactive applications for subdivision approval, this Board recommends that the Subdivision Regulations be amended accordingly to add such authority; and BE IT FURTHER RESOLVED, that a copy of this Resolution, which shall be deemed to be a report of this Board, shall be transmitted to the Board of Trustees forthwith. Vote: Vera Brown-Yes, Marvin Finker-Yes, Rachel Taub-Yes, Ruth Ivey-Yes, Gad Wolicki- Yes. Motion Approved APPROVE 1/23/13 PLANNING BOARD MINUTES. Ruth Ivey motioned to approve the 1/23/13 Planning Board Minutes. Rachel Taub seconded. Vote: Vera Brown-Yes, Marvin Finker-Yes, Rachel Taub-Yes, Ruth Ivey-Yes, Alexandra Wren-Yes. Motion approved. Meeting adjourned at 9:15 p.m. 7

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