Village of Briarcliff Manor, New York
Planning Board Meeting Minutes
Tuesday August 12, 2008
A regular meeting of the Planning Board of the Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510, was held in the Municipal Building on Tuesday, August 12, 2008 at 8:00pm.
Members Present: Andrew Tung, Chairman (part)
Bill Gorlin, Member
Shelley Lotter, Member
Jay Neveloff, Member
Ed Nolan, Member/Deputy Chair
Also Present: Daniel Pozin, Village Attorney
David Turiano, Building Inspector
Susan Jainchil, Planning Consultant
Christine Dennett, Village Clerk
Absent: Robert Murray, Alternate Member
Call to Order: Deputy Chairman Nolan called the meeting to order at 8:00pm.
PB-15-2006- THE CLEARVIEW SCHOOL, SUBDIVISION APPROVAL: The Planning Board opened a public hearing for an application to subdivide the property separating the area on which the residence is currently located (2+ acres) from the remaining parcel (17+ acres). The property is located at 550 Albany Post Road and located in the R30A Zoning District.
Mr. Steve Achinelli explained the application.
Mr. Alan Grant of the Beechwood Homeowners Association stated they were concerned with the property being sold to a developer.
Member Neveloff stated the Board was mindful of the concerns expressed on behalf of the Beechwood Homeowners Association and there would be no change in use or school operations associated with the proposed subdivision.
Upon motion by Member Neveloff, seconded by Member Gorlin, the Board voted unanimously to close the public hearing.
The Board had general discussion regarding the resolution.
Upon motion by Member Lotter, seconded by Member Neveloff, the Board voted unanimously to approve the resolution.
PB-1-2008-PUBLIC HEARING THE CLUB AT BRIARCLIFF MANOR AMENDED SITE PLAN, WETLAND, STEEP SLOPE REVIEW (CLASSIC RESIDENCE BY HYATT): The Planning Board’s public hearing on an application from Briarcliff Manor Investors LLC (BMI) for an amendment to the site plan approval previously granted for a Continuing Care Retirement Community was adjourned to the September 9, 2008 meeting. The property is located at Scarborough Road, Lodge Road, and Central Drive and was formerly owned by The Kings College
PB-11-2008 – DEGASPERIS – SITE PLAN APPROVAL, VILLAGE CODE CHAPTER 220-15, PROTECTION OF NATURAL RESOURCES REVIEW (STEEP SLOPES APPROVAL), AND VILLAGE CODE CHAPTER 220 – 9B TREE PLANTING PLAN: The Planning Board reviewed an application to demolish an existing dwelling and construct a new single family residence. ~The Property located at 45 Becker Lane.
Mr. Christopher Botourd, the Applicant’s architect, explained the application.
Village Engineer Turiano noted the application was no longer subject to site plan review by the Planning Board because the residence’s square footage had been reduced below the jurisdictional threshold.
Mr. Botourd stated they were looking for direction regarding retaining walls and whether they would be allowed. He asked if they could contact the Village’s Consultant directly for guidance.
Mr. Michael Dolberg, the Applicant’s engineer, explained the stormwater mitigation plan.
Mr. Corrado DeGasperis, Applicant, asked for more time to come back before the Board regarding the road access rights. He asked if the rest of the application could continue.
The Board had a general discussion about the application.
Member Gorlin requested a site walk of the property.
Member Neveloff suggested that the Board do the site walk at the same time as the Praeger application, and the Village Engineer was asked to coordinate same with the two applicants and the Board members.
Chairman Tung joined the meeting.
PB-9-2008 – ST. THERESAS CHURCH –AMENDMENT TO SITE PLAN FOR A NEW SIGN AND SPECIAL USE PERMIT RECOMMENDATION: St. Theresa’s Church has filed for an application for a new sign, which will require an amendment to its special permit and site plan for the church property located at 1394 Pleasantville Road.
Member Nolan recused himself from the application.
Mr. Craig Tompkins explained the application.
Chairman Tung stated he appreciated the effort put forth with the mockup sign.
The Planning Board reviewed the sign and site plan application, and voted unanimously to provide a positive recommendation to the Board of Trustees regarding the special permit.
Upon motion by Member Neveloff, seconded by Member Lotter, the Board voted unanimously to approve the site plan amendment application as submitted.
PB-07-2008 – Mark J. Seiden Real Estate Inc, Sign Permit Approval (façade): The Planning Board reviewed an application for a sign permit for an existing commercial building located at 1238 Pleasantville Road.
Mr. Mark Seiden, Applicant, explained the application.
Chairman Tung stated the Board received a memorandum from the Architectural Review Advisory Committee (ARAC) stating that certain of the proposed sign’s elements were not permitted under the Village’s sign law, which was consistent with its prior recommendations on other sign applications.
The Board had a discussion regarding the application, generally agreeing with the ARAC assessment that the inclusion of the Applicant’s slogan and website on the proposed sign were not permitted under current Village law.
Member Neveloff pointed out that the applicant could go before the Board of Trustees to see if it would consider amending the law to permit such inclusions.
Chairman Tung stated the applicant was welcome to resubmit a sign that was in compliance with the law or go before the Board of Trustees to seek to change the law.
PB-13-2008 – A&P FRESH, Sign Permit Approval: The Planning Board reviewed an application for a sign permit for an existing supermarket building located in the Chilmark Shopping Center at 1886 Pleasantville Road.
A representative from Signage Select explained the application.
Chairman Tung noted the Board received a positive recommendation from the Architectural Review Advisory Committee.
Upon motion by Member Neveloff, seconded by Member Gorlin, the Board voted unanimously to approve the application as submitted.
ZONING TEXT AMENDMENT- The Board of Trustees requested the Planning Board provide comments on a proposed amendment to Chapter 220-6 Special Permit Uses and the Schedule Limiting the Use of Buildings and Land in Residential Districts.
Ms. Marsha Rubin Goldstein, Attorney for an applicant seeking to operate a for-profit daycare facility within an existing Congregational Church building in a residential district, explained the need for the amendment.
The Board had a general discussion regarding the text amendment.
Member Neveloff requested section J1 and J2 of Chapter 220-6 be further clarified to specifically identify places of worship and institutions of higher learning as special permit uses with which the daycare facilities could be affiliated.
Upon motion by Member Gorlin, seconded by Member Neveloff, the Board voted unanimously to make a positive recommendation on the zoning amendment with such a clarification to the Board of Trustees.
Regarding the site plan approval for the Congregational Church, Chairman Tung suggested that condition 3 could be removed, as it would be inconsistent with the proposed amendment.
Upon motion by Member Neveloff, seconded by Member Lotter, the Board voted unanimously to so amend the site plan approval, conditioned on the adoption of the zoning amendment and the Board of Trustees’ amendment of the Church’s special permit.
Chairman Tung asked for a motion regarding approving a positive recommendation, should the Board of Trustees refer the applicant to them regarding the Special Use Permit amendment.
Upon motion by Member Lotter, seconded by Member Neveloff, the Board voted unanimously to approve the recommendation if requested by the Board of Trustees for the Special Use Permit.
MINUTES
Upon motion by Member Gorlin, seconded by Member Lotter, the Board voted unanimously to approve the minutes of July 8, 2008 as amended.
VILLAGE ENGINEER’S REPORT: by Village Engineer Turiano
· The Pac Water approval will expire in October and that applicant is anticipating meeting its obligations prior to the deadline.
ADJOURNMENT
Upon motion by Member Gorlin, the Board voted unanimously to adjourn the meeting at 9:50pm.
Respectfully submitted by,
Christine Dennett
Village Clerk
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