Village of Wesley Hills Planning Board January 22, 2014 The meeting was called to order by Vera Brown, Chairman, at 7:32 p.m. Present: Vera Brown-Chairman, Uri Kirschner, Gad Wolicki, Israel Shenker-Second Alternate Also Present: Frank Brown-Deputy Village Attorney, Liz Mello-Village Engineer, Jeff Osterman-Village Planner, Janice Golda-Deputy Village Clerk Absent: Rachel Taub, Ruth Ivey, Alexandra Wren-First Alternate PUBLIC HEARING ON THE APPLICATION OF MARSEL AMONA FOR A PROPOSED TWO-LOT SUBDIVISION. Affecting properties located on the west side of Route 306, the east side of Holland Lane, and the north side of Grandview Avenue. Designated on the Ramapo Tax Map as Parcel ID s 41.15-1-25, 41.15-1-19 & 41.15-1-30. Vera Brown confirmed with Janice Golda that the public hearing notice was published, posted and mailed. Marsel Amona appeared on behalf of the application. Mr. Amona explained to the Board that a number of items were added to the updated plans and that he has no objection to the additional requirements in Brooker Engineering s January 22, 2014 letter report. Liz Mello, Village Engineer, explained that preliminary construction plans were not provided and a number of items as noted in her January 22, 2014 memo require correction and/or completion in order to proceed forward. The Board discussed the approved ZBA variances and conditions including some inconsistencies with the submitted plat and bulk table received by the Planning Board. Jeff Osterman requested confirmation of the revision date of the submitted plat that was approved by the ZBA on October 2, 2013. Frank Brown confirmed that the revision date of the proposed plat submitted to the ZBA was April 6, 2013. Mr. Brown requested a review of the October 2, 2013 ZBA minutes to confirm details of the plat approved and the conditions granted by the ZBA. Vera Brown opened the public hearing and asked if anyone from the public wished to speak. No one wished to speak. The Board requested the October 2013 ZBA minutes for review of the variances approved along with the conditions to determine compatibility to the submitted plat and bulk table. Because it appears that the plat now under consideration is not entirely consistent with the plat considered by the ZBA, and therefore the variances granted by the ZBA are not the identical variances 1
required for approval of the plat under consideration, this Board cannot grant approval at this time. Vera Brown motioned to adjourn the application and public hearing until the February 26, 2014 meeting. Israel Shenker seconded. Motion Approved WETLANDS PERMIT APPLICATION CONTINUATION OF ROEI GAMIL. Affecting property located on the north side of Willow Tree Road approximately 1000 feet from the intersection of NYS Rt. 306. Designated on the Ramapo Tax Map as Parcel ID#41.7-2-35. Vera Brown asked if the applicant was present and the applicant was not present. CLEARING AND FILLING APPLICATION OF ROBERT AND ANDREA LAMPERT. Affecting property located on the north side of Dike Drive approximately 917 feet from the intersection of Carter Lane. Designated on the Ramapo Tax Map as Parcel #41.6-1-48. Dr. Robert Lampert, 21 Dike Drive, appeared on behalf of the application. Dr. Lampert explained that he removed an in-ground pool which was unsafe and was built on a cliff. He brought in dirt to make the area more safe and level and moved pavers closer to the house. Dr. Lampert informed the Board that there were multiple visits by the Village Building Inspector and the Village Engineer. Liz Mello referenced her August 20, 2013 letter report explaining that the topography has changed and confirming that the amount of fill exceeds 100 cubic yards and as a result the project requires a Clearing and Filling Permit from the Planning Board. The engineering report letter also explained what was needed in order to proceed with the permit process which includes, but not limited to, a current topographic survey. Vera Brown suggested a TAC meeting and Jeff Osterman, Village Planner, confirmed with Liz Mello that the land is presently stable. Dr. Lampert replied that all the landscaping work has been completed and the land stable. The Board adjourned the application until the March 26, 2014 meeting. PUBLIC HEARING ON THE APPLICATION OF MICHELLE LEVINSON FOR A MINOR LAND EXCHANGE OR TRANSFER. Affecting properties located on the easterly side of Wilder Road and the northerly side of Willow Tree Road. Designated on the Ramapo Tax Map as Parcel ID s #41.10-2-45.1 & 41.10-2-45.2. Vera Brown confirmed with Janice Golda that the public hearing notice was published, posted and mailed. 2
Steve Sparaco of Sparaco Engineering and Jack Spaeth of Jada Construction represented the applicant. Mr. Sparaco explained to the Board that the filing time for the previously approved minor land transfer had expired and that the applicant has now hired an attorney to take care of filing all the required legal documents for this land transfer. Mr. Sparaco also confirmed that the relocation of the utilities have been completed and will be added to the updated map. Vera Brown opened the public hearing and asked if anyone from the public wished to speak. No one wished to speak. Vera Brown motioned to close the public hearing. Uri Kirschner seconded. Motion approved and the public hearing was closed. Gad Wolicki motioned to adopt the following resolution. Uri Kirschner seconded. Resolution #14-1 WHEREAS, a formal application from Michelle Levinson for approval of a minor sketch plat entitled Subdivision Plat, Levinson, Village of Wesley Hills, Town of Ramapo, Rockland County, New York, dated March 22, 2010 and last revised December 19, 2013, prepared by Sparaco & Youngblood, PLLC, affecting property on the easterly side of Wilder Road and the northerly side of Willow Tree Road, proposing the transfer of a portion of the lot designated on the Town of Ramapo Tax Map as Section 41.10, Block 2, Lot 45.2 to the lot designated thereon as Section 41.10, Block 2, Lot 45.1, in an R-35 District, was received by the Planning Board on January 6, 2014, and WHEREAS, on February 29, 2012, by Resolution #12-8, the Planning Board granted approval to an identical plat, but such approval lapsed without the signing of such plat and the filing of such plat in the Rockland County Clerk s Office within the time allowed by statute, and WHEREAS, a duly advertised public hearing was held on said application and minor final plat at the Village Hall, 432 Route 306, Wesley Hills, New York on January 22, 2014, at 7:30 P.M., at which time all interested parties present were given an opportunity to be heard, and WHEREAS, the Planning Board has reviewed the Environmental Assessment Form submitted by the applicant and hereby repeats its determination that the proposed minor land transfer will not have a significant impact on the environment as defined in the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, the requirements of the Subdivision Regulations of the Village of Wesley Hills have been met by said application and plat, except as noted below; NOW, THEREFORE, BE IT RESOLVED, that the said minor final subdivision plat is hereby approved subject to the following conditions, and that the Chairman of the Planning Board or, in her absence, the Deputy Chairman, is hereby authorized to endorse such approval on said plat upon compliance by the applicant with the following conditions. This conditional approval shall expire 180 days from the date of this Resolution if the applicant has not complied with such conditions, unless the applicant shall have obtained from this Planning Board an 3
extension of such time of conditional approval pursuant to the provisions of said Subdivision Regulations. 1. Lot Line Disclaimer - Prior to the signing of the plat by the Chairman of the Planning Board, the applicant shall prepare, execute, and file a lot line disclaimer of the former lot line between the affected adjoining lots which is to be abandoned, as required by section 3.535 of said Subdivision Regulations. 2. Relocation of Utility Line Prior to the signing of the plat by the Chairman of the Planning Board, the existing utility line serving Lot 2 shall be relocated within the revised boundary of Lot 2. 3. Money in Lieu of Recreation Land - Because the proposed minor land transfer will not result in any increase in the number of buildable lots, neither a dedication of land for park and recreation purposes nor a recreation fee in lieu thereof shall be required. Motion Approved PUBLIC HEARING ON THE FINAL PLAT APPLICATION OF DOV RAKOWER TO REVISE THE PREVIOUSLY APPROVED BRIAN W. EARDLEY FILED SUBDIVISION PLAT. Affecting property located on the south side of East Willow Tree Road approximately 209 feet from the intersection of East Willow Tree Road. Designated on the Ramapo Tax Map as Parcel ID#41.12-2-44.1. Vera Brown confirmed with Janice Golda that the public hearing notice was published, posted and mailed. Dov Rakower, Mark Kurzmann, Esq., and Jack Spaeth of Jada Construction represented the application. A lengthy discussion took place including, but not limited to, the purpose of the proposed revision to utilize an alternate existing ingress/egress easement, maintenance agreements versus maintenance obligations, existing property deeds granting easements, possible Village obligations, and the neighboring Junger Subdivision s easements and obligations. The Board confirmed that the Village Fire Inspector approved the proposed revised plan. Mr. Kurzmann explained in detail that there are no existing maintenance agreements at the present time but there are perpetual maintenance obligations included on recorded deeds. The Board recommended adding language in the resolution to include specific minimum maintenance requirements and/or obligations for the grantee. Liz Mello, Village Engineer, discussed her 1/17/14 letter report with the Board and the applicant. Vera Brown opened the public hearing and asked if anyone wished to speak. No one wished to speak. Vera Brown motioned to close the public hearing. Uri Kirschner seconded. 4
Motion approved and the public hearing was closed. Gad Wolicki motioned to adopt the following resolution. Israel Shenker seconded. Resolution #14-2 WHEREAS, by Resolution #97-11, amended by Resolution #97-13, the Planning Board granted final approval to the plat entitled Subdivision Plat Prepared for Brian W. Eardley Located at Village of Wesley Hills, Town of Ramapo, Rockland County, New York, which plat was recorded in the Rockland County Clerk s Office on June 25, 1998 in Map Book #119 at Page 2 as Map #7170, and WHEREAS, pursuant to said plat, Lot 2 as shown thereon had access to East Willow Tree Road through easements over Lot 1 and a portion of the adjacent lot to the west now designated on the Town of Ramapo Tax Map as Section 41.12, Block 2, Lot 3.1, and WHEREAS, a formal application from Dov Rakower, Tzippy Rakower, Oz Court Corp. and Lisa Fischman for approval of a revised final plat entitled Revised Subdivision Plat of Brian W. Eardley, dated November 26, 2012 and last revised January 7, 2014, prepared by Anthony R. Celentano P.L.S., affecting the identical property (presently designated on the Town of Ramapo Tax Map as Section 41.12, Block 2, Lots 44.1 and 44.2), was initially received by the Planning Board on September 3, 2013, and WHEREAS, such proposed revised plat deletes the right of Lot 2 (Section 41.12, Block 2, Lot 44.2) to ingress and egress through Lot 1 (Section 41.12, Block 2, Lot 44.1) and substitutes therefor a right of access for the same purposes through a private road and easement over adjacent properties to the south (Section 41.12, Block 2, Lots 46 and 47), and WHEREAS, the applicants have presented documentary proof that the prior owner of said adjacent lot (Section 41.12, Block 2, Lot 47) has granted such right of access to Lot 2 (Section 41.12, Block 2, Lot 44.2), which right runs with the land, and WHEREAS, the applicants have presented, or will have presented as a condition of approval, documentary proof in form satisfactory to the Village Attorney (and prior to the endorsement of said revised final plat by the Chairman of the Planning Board) that the owner of said adjacent lot (Section 41.12, Block 2, Lot 46) has granted such right of access to Lot 2 (Section 41.12, Block 2, Lot 44.2), which right shall run with the land, and WHEREAS, a duly advertised public hearing was held on said application and revised final plat at the Village Hall, 432 Route 306, Wesley Hills, New York on January 22, 2014, at 7:30 P.M., at which time all interested parties present were given an opportunity to be heard, and WHEREAS, on January 8, 2014, the Zoning Board of Appeals of the Village of Wesley Hills granted an application to amend the conditions of the prior variance granted on September 17, 1997 for such subdivision to eliminate the responsibility of Lot 2 to construct and maintain a fence, driveway, and trees, and 5
WHEREAS, the requirements of the Subdivision Regulations of the Village of Wesley Hills have been met by said application and revised plat, except as noted below; NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby determines that the proposed revision to said subdivision will not have a significant impact on the environment as defined in the New York State Environmental Quality Review Act (SEQRA), and hereby issues a Negative Declaration in accordance with SEQRA, because there will be no increased vehicular traffic, water demand, and use of sewer capacity resulting therefrom, and the proposed revision will result in a net decrease in paved surface, and BE IT FURTHER RESOLVED, that the said revised final subdivision plat is hereby approved subject to the following conditions, and that the Chairman of the Planning Board or, in her absence, the Deputy Chairman, is hereby authorized to endorse such approval on said revised plat upon compliance by the applicant with the following conditions. This conditional approval shall expire 180 days from the date of this Resolution if the applicant has not complied with such conditions, unless the applicant shall have obtained from this Planning Board an extension of such time of conditional approval pursuant to the provisions of said Subdivision Regulations. 1. Modification of Subdivision Plat and Construction Plans The following modifications to the subdivision plat and construction plans shall be required: a. The applicants shall comply with all conditions that have been or may be imposed by the Zoning Board of Appeals in connection with the granting of the application before it pertaining to the subject property. b. The applicants shall comply with conditions 1 through 3 set forth in the letter of Brooker Engineering, PLLC dated January 17, 2014, a copy of which letter is attached to this Resolution and made a part hereof. c. The note appearing on Lot 2 shall be revised to delete the reference to a Driveway Maintenance Agreement and to substitute therefor the obligation of the owner of Lot 2 to comply with condition 3 of this Resolution set forth hereinbelow. 2. Provision of Additional Legal Documentation The applicants shall provide copies of executed Deeds of Easements demonstrating to the satisfaction of the Village Attorney that permanent enforceable rights of ingress and egress have been granted to the owner of Lot 2 over and through the private road and easement over adjacent properties to the south (Section 41.12, Block 2, Lots 46 and 47), which documents shall have been executed by the prior owner of said Lot 47 and the current owners of said Lot 46. 3. Obligation to Contribute to Maintenance of Private Road Commencing with the issuance of a building permit for a house on Lot 2, the owner of Lot 2 shall have the obligation to contribute not less that 25% to all costs of maintaining the private road and easement adjacent to the southerly boundary of Lot 2. In addition the owner of Lot 2 shall have the sole responsibility to repair any damages to said private road caused by construction activities on Lot 2, and all such 6
required repairs shall be completed to the satisfaction of the Village Engineer prior to the issuance of a certificate of occupancy for the house to be constructed on Lot 2. The Deed to be executed by the owners of the adjacent lot to the south (Section 41.12, Block 2, Lot 46) granting the permanent easement over that lot in favor of Lot 2 shall specifically refer to this obligation, to the satisfaction of the Village Attorney, and a note shall be added to the plat setting forth this obligation. Such Deed of Easement and this revised plat shall be recorded simultaneously in the Rockland County Clerk s Office. Motion Approved DISCUSSION: SHA AR HASHAMAYIM Todd Rosenblum of Adaptive Architecture and Joel Eisenreich of Congregation Sha ar Hashamayim discussed with the Board issues related to vehicular traffic problems in and around the synagogue including exiting from the shul s driveway and out of Rochelle Lane. Mr. Eisenreich explained that safety is their number one priority and reassured the Board that the shul s rules of parking and speed limits continue to be communicated to members and their guests. Following a discussion of potential solutions, the Board proposed presenting the following recommendations to the Village Board: 1) Install a Stop Sign on Rochelle Lane; 2) Cut back shrubs and overgrowth in the right of way on the property adjacent to the shul s driveway; 3) Increase police enforcement of speeding cars traveling on East Willow Tree Road. Meeting adjourned 10:20 p.m. 7