MINUTES March 12, 2013

Transcription

1 Jeffrey Stern, Interim Chair Ruth Wells, Interim Vice Chair Roger Sparling, Secretary Andrew Mavian Mark Porterfield Alex Risoli City of Peekskill PLANNING COMMISSION MINUTES March 12, 2013 A Regular Meeting of the Planning Commission was held on Tuesday, March 12, 2013 in the Common Council Chambers, 840 Main Street, Peekskill, New York. Members of the Planning Commission present were Interim Chair Jeffrey Stern, Interim Vice Chair Ruth Wells, Secretary Roger Sparling, Andrew Mavian, Mark Porterfield, and Alex Risoli. Members of the Department of Planning Staff present were: John Lynch, AICP, (Consulting Planner) and Susan Colvin (Zoning Coordinator). Mr. Stern called the meeting to order at 7:35 P.M. PUBLIC HEARINGS APPL: Anthony Coulter and Jennifer Carnes P Orchard Street Peekskill, New York Owner: Same RE: Public Hearing regarding Final Site Plan Review in order to permit an existing accessory building on property located in the R-1C District Location: 947 Orchard Street Section-Block-Lot: (Peekskill Tax Map) Zoning District: R-1C, One Family Residence Present were Mr. Anthony Coulter and Ms. Jennifer Carnes (Applicants). Mr. Stern noted that Affidavits of Publication for the Legal Notice in THE JOURNAL NEWS and THE PLUMA LIBRE had been received and that receipts of mailings and evidence of signage were in order.

2 PLANNING COMMISSION MINUTES March 12, 2013 PAGE 2 Ms. Wells made a motion that the Planning Commission open the Public Hearing regarding the application of Anthony Coulter and Jennifer Carnes for property located at 947 Orchard Street in the R-1C, One Family Residence District. Mr. Risoli seconded the motion, which carried unanimously. Mr. Lynch stated that the Applicant was requesting Final Site Plan Review in order to permit an existing accessory shed located in the rear yard of property located at 947 Orchard Street in the R-1C, One Family Residence District. Mr. Lynch described the subject property and noted that the accessory shed had been constructed on a concrete slab, contained a second story, and would be used for the purpose of storing seasonal, recreational, and maintenance equipment. Mr. Lynch provided background information noting that the Applicant had originally met with City Staff in 2011 proposing a larger, two-story artist studio/garage proposal, but withdrew the application and later constructed a smaller accessory structure. At that time, the Applicant incorrectly determined that a Building Permit and Final Site Plan Review were not required. Mr. Lynch noted that the shed was subordinate to the existing one-family house and discussed the current color of the accessory shed, noting that the Applicant proposed to repaint the shed a sage green color. Mr. Lynch noted that the subject property was located within the Nelson Avenue/Fort Hill Historic District and recommended that the application be deemed a Type II Action under SEQRA and that the application be granted subject to conditions of approval as outlined within the Staff Report. Mr. Stern asked if there were any citizens who wished to speak in favor of the subject application. Mr. Coulter stated that he had no additional comments to Staff s presentation. Mr. Dennis Duffy, of 951 Orchard Street, stated that he was in favor of the Applicant s proposal and noted that he had discussed the application with several neighbors who also indicated their support for the application. Mr. Stern asked if there were any other citizens who wished to speak in favor of the subject application. There were none. Mr. Stern asked if there were any citizens who wished to speak in opposition to the subject application. There were none. Members of the Planning Commission indicated that they looked favorably on the Applicant s proposal and recommended that the Applicant have the option to repaint the shed either the sage green color as proposed, or a dark green matching the existing house.

3 PLANNING COMMISSION MINUTES March 12, 2013 PAGE 3 Discussion ensued regarding zoning regulations relating to whether footprint measurements or gross floor area measurements be used when reviewing accessory structures. Mr. Lynch stated that the Building Official provided determinations regarding the size of accessory structures and that regarding the subject application, the Building Official had determined that the gross floor area required that Final Site Plan Review be obtained. The Planning Commission requested that Staff have this issue clarified for future applications. Mr. Stern read the conditions of approval as outlined in the Staff Report. Mr. Coulter stated his agreement with conditions as outlined. It was the general consensus of the Planning Commission that the Planning Commission close the Public Hearing regarding the application of Anthony Coulter and Jennifer Carnes for property located at 947 Orchard Street in the R-1C, One Family Residence District. Mr. Porterfield made a motion that the Planning Commission deem the subject application a Type II Action under SEQRA, requiring no further environmental review. Mr. Mavian seconded the motion, which carried unanimously. Mr. Mavian made a motion that the Planning Commission grant Final Site Plan Approval in order to permit an existing accessory building on property located in the R-1C, One Family Residence District, to expire on September 12, 2013, and subject to the following conditions of approval: 1. Use of the accessory shed for storage of seasonal, recreational and maintenance tools and equipment, and incidental related activities only. 2. No artist studio or home occupation use is permitted. 3. No vehicle storage is permitted. 4. No living space is permitted. 5. Change in the color of the body of the shed from Pratt & Lambert Little Apples Green to Northern Green (sage) or of a dark green color to match the existing house, no later than July 1, The Applicant obtains a building permit for the proposed construction. Mr. Porterfield seconded the motion, which carried unanimously. RECOMMENDATIONS TO COMMON COUNCIL None.

4 PLANNING COMMISSION MINUTES March 12, 2013 PAGE 4 APPEALS/APPLICATIONS FROM CITY CLERK PURSUANT TO SECTION D Zutt, William Use Variance 953 Diven Street Discussion ensued regarding general issues relating to the number of applications coming before the City regarding pre-existing, non-conforming uses and foreclosed properties and the need for better communication regarding the designation of the legal use of the property at the time of sale. Additionally, recommendations were made that banks and lending institutions should be required to obtain Certificates of Occupancies prior to sales in order to clarify uses. The Planning Commission requested that Mr. Lynch forward concerns raised by the Planning Commission to Corporation Counsel for an interpretation and possible Zoning Ordinance amendment in order to provide clarifications. Mr. Porterfield made a motion that based on discussions held during the meeting and Staff recommendation, the Planning Commission forward the application of William Zutt for property located at 953 Diven Street in the C-2, Central Commercial District to the Zoning Board of Appeals without recommendation. Ms. Wells seconded the motion, which carried unanimously. MINUTES OF PREVIOUS MEETING February 13, 2013 Mr. Stern asked if there were any comments regarding the Minutes from the meeting held on February 13, There were none. Mr. Mavian made a motion to adopt the February Planning Commission Minutes as presented. Mr. Porterfield seconded the motion. Voting in favor of the motion were Mr. Stern, Mr. Mavian, Mr. Porterfield, and Ms. Wells. Mr. Sparling and Mr. Risoli abstained since they had not been present during the February Planning Commission meeting. * ADJOURNMENT

5 PLANNING COMMISSION MINUTES March 12, 2013 PAGE 5 Ms. Wells made a motion to close the meeting. Mr. Risoli seconded the motion, which carried unanimously. The meeting was adjourned at 8:15 P.M. Prepared by Susan Colvin, Zoning Coordinator, as Recording Secretary for the Planning Commission, for signature by: Roger Sparling, Secretary Adopted on: File: I:\PLANNING\PC\MIN-2013\PC min