Nyack Planning Board—December 5, 2011
Members Present: Also Present:
Peter Klose (Chairman) Walter Sevastian, Village Attorney
Daniel Jean-Gilles Don Yacopino, Building Inspector
Peter Voletsky
Don Hammond
Ted Sestak
Alan Englander – alternate
Glenn E. Keene – alternate member
Absent:
Called the meeting to order at approximately 7:35 p.m.
1. 42 Main Street. SJF Engineering for Paul Roachman. Continuation of site plan application to finalize site drainage requirements. Comments from Village Engineer included. Engineering firm contracted to deal with site drainage. Information will be forthcoming.
Applicant represented by Daniel Fierrera PC Consulting. Mr. Ferreira presented an engineering study including perk tests (dated Nov. X, 2011) that he suggests demonstrate that the existing storm water system is appropriate for existing conditions and will not require tapping into the Storm Drain in the street. The Village Engineer has not had time to comment on the study, but the Applicant will supply the percolation testing to the Village Engineer and will discuss the need for overflow. The Planning Board recommended to Mr. Ferrierra that he send the study along with a letter stating the based on this study and a professional opinion as to why he does feels that there is no need to tap into the storm water system in the street. Mr. Ferraira agreed confer with the Village Engineer to certify to a reasonable degree of engineering certainty that no overflow valve was necessary.
The Applicant shall work with the building inspector and the Village Engineer to ensure that the Stormwater calculations are necessary.
The Board Voted on a motion by member Klose to close the Public Hearing (5-0) and second by Sestak.
The Board voted on the resolution of member Klose (second by Sestak) to amend the previously granted site plan to require no off site connection to any public sewers provided that the Village Engineer agrees that no such connection is required after reviewing the new calculations and professional opinion of the Applicant’s Engineer and provided that if the Village should install a future sewer system Main Street, that the applicant shall, at his own cost and expense connect to such Stormwater sewer. Vote passed (5-0).
Nyack Planning Board—December 5, 2011
2. 37 Ackerman Place. Judy DiPalma. . Two family house in TFR Zoning district. Application for addition of deck over rear porch and recommendation to Zoning Board of Appeals.
Building Inspector– Deck proposal is code compliant, however, a variance is required from Article V VON§360-4.3 Dimensional Standards Table 4-1 and from Article I VON§360-1.9E for alteration of a building that is nonconforming with respect to the following dimensional and developmental standards: Existing Lot Area of 4770 sq. ft. where 10,000 sq. ft. is required; Minimum Lot Width of 60 ft. where 75 ft. is required; Minimum Lot Depth of 75 ft. where 100 ft. is required and Front Yard of 5.4 ft. where 11.6 ft. is required. Applicant received ARB approval and positive recommendation to ZBA on November 16,2011.
Notes from ARB–This is a two-family house in the TFR Zoning District. The deck proposal is code compliant; however, a variance is required for an alteration to a non-conforming structure.
No public comment. Motion by Member Mathews, seconded by Member Brown to close the public portion; approved by a vote of 5-0.Motion by Member McManus, seconded by Member Mathews to approve the application as presented. Approved by a vote of 5-0.
SEQRA—unlisted action.
Board members reviewed pictures of the property and proposed deck. It was noted that no change in footprint will be required, that the changes appeared in keeping with the neighborhood, would likely have no impact on surrounding properties.
NO public comment.
Motion to close public comments by Chairman Klose, seconded by Voletsky. Passed by vote of 5-0.
Klose makes Recommendation to accept the Site Plan
Second by Hammond and passed by vote of 5-0
.
Other Business:
A motion was made by Chairman Klose, seconded by Member Voletsky, to accept the November Minutes. Passed 4-0. Member Sestak was not present at the November meeting.
The meeting adjourned at 8:10 PM.

