2019.01.04 F.P. Clark Memo
To: Robert I. Goodman, Chairman, and the
Planning Board of the Village of Rye Brook
Date: January 4, 2019
Subject: 259 North Ridge Street – Subdivision, Zoning Petition
and Map Amendment, and Revised Site Plan Application
As requested, we reviewed additionally revised site plans, and additional and revised
information submitted in support of a three-lot subdivision, and a site plan and petition
to re-zone Lot 1 of the subdivision into the FAH District, submitted by Lazz
Development (Louis Larizza), contract vendee, on behalf of the property owner,
Daniel Greto. The original site plan application submitted for Lot 1 in September of
2015, sought to construct eight Fair and Affordable Housing (AFFH) units. The newly
revised development plan for Lot 1 reduces the number of housing units to a total of
four AFFH units divided into two, two-family homes. The subdivision remains
unchanged, and, in addition to Lot 1, still includes two lots (Lot 2 and Lot 3) each with
one single-family market-rate home. The property is situated at the intersection of
West Ridge Drive and North Ridge Street within the R-15 District and the North Ridge
Street Scenic Road Overlay District, Section 135.35, Block 1, Lot 11 on the Town of
Rye Tax Assessor’s Map.
Property Description
The 3.96-acre (172,620 square-foot) property is partially developed with a one-story
single-family home, driveway and curb cut, and a terrace at the back of the home in
the rear yard. Behind the home, the lot slopes down very steeply to the northeast
from the elevation of North Ridge Street to approximately the elevation of the rear
yards of homes along Eagles Bluff and Rock Ridge Drive. The site drains to wetlands
located in the woodlands below the existing home and from there into a pipe within a
drainage easement across one of the properties on Eagles Bluff. Outside the
landscaped area around the existing home, the lot is naturally wooded, with
watercourses and wetlands mostly located in areas of lower elevations.
Project Description
The Applicant’s latest revised proposal is for a three-lot subdivision to create two,
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single-family building lots (Lot 2 and Lot 3) that would remain in the R-15 District, and a third building
lot (Lot 1), which would be re-zoned into the Fair and Affordable (FAH) District for development of
two sets of two semi-attached, single-family homes (a total of four AFFH units). Each of the two
buildings would have a curb cut, a two-car garage and surface parking for three additional cars. The
application also includes a zoning petition for Lot 1, a request for a Zoning Map amendment, and a
revised site plan application for Lot 1. The revised Lot 1 site plan requires approval of wetlands and
steep slopes permits by the Planning Board.
The original application was referred by the Board of Trustees to the Planning Board for a report and
recommendation in September, 2015 and the Planning Board submitted a report and
recommendation to the Trustees in September, 2016. In addition, the original application was
referred to Westchester County Planning Board, which provided comments to the Village on October
31, 2016.
The newly submitted substantial revision of the revised application under review in 2016 was re-
referred to the Planning Board on November 8, 2018 for a new report and recommendation.
Review
We reviewed the additionally revised application, the zoning petition and map amendment, the
preliminary subdivision plat, revised site plans, new correspondence, and supporting materials
submitted by the Applicant that include the following items:
1. Full Environmental Assessment Form dated revised 11/6/18 and EAF Mapper Summary
Report dated 12/11/18
2. Short Environmental Assessment Form dated April 11, 2018
3. Application for Subdivision of Land, not dated or signed
4. Petition to the Board of Trustees to Re-Zone New Lot 1 into the FAH District from Pawling
Holdings, LLC, prepared by Clark Neuringer, R.A., Mamaroneck, N.Y., dated May 15, 2015
5. Application for Site Plan Approval for Lot 1
6. Site Plan Submittal Review Checklist for Lot 1
7. Two Exterior Building Permit Applications for Lot 1
8. Two Applications for Site Plan Approval for Lots 2 and Lot 3
9. Two Site Plan Submittal Review Checklists for Lots 2 and 3
10. Two Exterior Building Permit Applications for Lots 2 and 3
11. Wetland Delineation and Functional Assessment prepared by Tim Miller Associates, Inc.,
Cold Spring, N.Y., dated October 26, 2015
12. Storm Water Report, prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated December 12, 2018
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13. Storm Water Report, prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated April 12, 2018
14. Report Memorandum regarding the estimated number of school children generated by
development on Lot 1 prepared by RH Consulting, White Plains, N.Y., dated March 16,
2016
15. Report Memorandum regarding the proposed energy use of the AFFH residences on Lot 1
16. Traffic Generation Worksheets, prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-
on-Hudson, N.Y., no date
17. Tree Inventory and Mapping for Entire Property prepared by Paul D. Muscariello, Certified
Arborist, dated February 2, 2016
18. Tree Inventory and Removal Plan for Lot 1, prepared by Anthony Zaino, RLA, Westchester
County Planning Department, dated 8/9/18
19. Chart showing Construction Tasks and a Construction Schedule dated 12/1/18
20. Letter to the Planning Board from Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated December 11, 2018
21. Revised Zoning Analysis Memorandum to the Rye Brook Board of Trustees from Michael J.
Izzo, Building and Fire Inspector, dated October 19, 2018
22. Response Letter to Dolph Rotfeld, P.E. from Ralph G. Mastromonaco, P.E., P.C., Croton-
on-Hudson, N.Y., dated December 12, 2018
23. Response Letter to the Rye Brook Building and Fire Inspector from Ralph G. Mastromonaco,
P.E., P.C., Croton-on-Hudson, N.Y., dated October 29, 2018
24. Stopping Sight Distance Study prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-
Hudson, N.Y., dated December 13, 2018
25. “Topographical Survey of Property,” prepared by Link Land Surveyors, P.C., Mahopac,
N.Y., dated January 15, 2016
26. “Preliminary Subdivision Plat,” prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-
Hudson, N.Y., dated April 10, 2018
27. Planting Plan (Lot 1), prepared by Anthony Zaino, RLA, Westchester County Planning
Department, dated April 8, 2018, revised 12/13/18
28. Engineer’s Plans (Revised Site Plans for Lots 1, 2 and 3), prepared by Ralph G.
Mastromonaco, P.E., P.C., Croton-on-Hudson, N.Y.:
Sheet Number Sheet Title Dated
0 of 5 Cover Sheet and Drawing Schedule 8/27/18 rev. 12/11/18
1 of 5 Site Plan, Grading/Layout 4/10/18 rev. 12/11/18
2 of 5 Utility Plan 4/10/18 rev. 12/11/18
3 of 5 Erosion Control Plan 4/10/18 rev. 12/11/18
4 of 5 Sight Distance Study 4/10/18 rev. 12/11/18
5 of 5 Details/Notes 2/21/18 rev. 12/11/18
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29. Two Sets of Builder’s Plans (Lot 1 Building 1A and Building 1B), Lazz
Development/Pawling Holdings, Port Chester, N.Y.:
Sheet Number Sheet Title Dated
1 Elevations 4/27/18
2 Elevation Calculations, Fire Ladder
Diagrams, and Site Section 1/23/18
3 Foundation Plan 4/27/18
4 First Floor Plans 4/27/18
5 Second Floor Plans 4/27/18
Please note that our review is limited to planning, zoning and environmental issues. We have the
following comments regarding the applications:
1. Environmental Assessment Form (EAF). A Full EAF and EAF Mapper Summary Report
were provided with the new submission. We have the following comments regarding items on
the FEAF:
a. The EAF must include information for the entire project, i.e. the Lot 1 zone change
and map amendment, the 3-lot subdivision, and the Lot 1 site plan, which should be
reflected in the description of the proposed action in Section A;
b. Section C.4.a. The local school district is the “Blind Brook-Rye Union Free School
District;”
c. Section D.1.e. It appears the response only pertains to construction on Lot 1. It
should address the entire proposed action, including construction on the other two
lots, and the other questions in the section should receive responses. Also, 6
months for construction of Lot 1 does not appear to be a realistic estimate, and it
contradicts the “Construction Management Plan and Time Frame” dated 12/1/2018
provided by the applicant, which appears to indicate a 13 month construction
schedule;
d. Section D.2.b. The answer should be yes for the entire proposed action, and the
other questions in the section should receive responses regarding wetlands and
water bodies;
e. Section D.2.e. The answer should be yes for the entire proposed action, and the
other questions in the section should receive responses regarding storm water;
f. Section D.2.n. The answer should be yes for the entire proposed action, and the
rest of the questions in the section should receive responses regarding lighting;
g. Section E.1.b. Regarding the “acreage after project completion” column, the areas
indicated for each type of land use and cover type to do not equal the proposed
action site of 3.96 acres. The “changes” column should be updated as well; and
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h. Section E.2.m. The section regarding wildlife should be completed.
2. SEQRA Review. Environmental review pursuant to SEQRA is required for the revised Lot 1
site plan as part of the combined action of the subdivision, and map amendment to re-zone
proposed Lot 1 into the FAH District and the Lot 1 site plan. All the information and analyses
provided for the original subdivision and site plan should be updated for the revised
application and site plan.
3. Additional Planning Information Needed. The following plans and updated information are
required for the revised applications:
a. An updated tree preservation and protection plan that complies with the
requirements of Chapter 235 of the Village Code for the revised Lot 1 site plan;
b. We did not receive a revised estimate of the number of school children generated
by the revised building plans; and
c. Tim Miller Associates, which performed the 2015 wetland assessments, should
provide review and written verification that the delineation and functional analysis
continue to be valid.
4. Alteration of Land and Topography. The revised site plan for Lot 1 would be located on the
steep slopes, and will be required to comply with the Village Code regulations regarding steep
slopes for approval of a Steep Slopes Work Permit. We continue to recommend that the design
of the revised site plan for Lot 1 should ensure that the plan causes the least disturbance
practicable to regulated slopes and the vegetation on these slopes, the creation of the least
amount of new steep slopes, and limited utilization of tall or long retaining walls and/or multiple
terraced retaining walls.
5. Wetlands and Wetland Buffers. Changes to and work within the wetland buffer will be required
to comply with the Village Code regulations regarding wetlands and may require approval of a
Wetlands Permit. The site plan should provide a calculation of the area of disturbance within the
buffer, including grading, removal of existing vegetation and construction of structures.
6. Revised Site Plan. The Applicant should provide more visual information simulating views
of the new buildings, the regraded rear yards, new parking areas and retaining walls as seen
from residential lots and the roadway on North Ridge Street, and from down-slope of the site
on Eagle’s Bluff.
7. Soils. The original Full EAF indicates the average depth to bedrock on the site is 0 to 6 feet,
and the survey indicates the presence of rock outcrops on the proposed Lot 1. The Applicant
should clarify if blasting or other methods of rock removal will be necessary during
construction. If rock removal will be required, the proposed construction management plan
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should include discussion regarding the potential impacts of rock removal and the mitigation
measures for impacts related to noise, air quality and vibration, and compliance with the Rye
Brook Village Code and best management practices regarding blasting and/or other types of
rock removal.
8. Transportation, Site Access Considerations.
Transportation and access comments regarding the revisions and additional information
submitted will be provided in a separate memorandum.
9. Land Use and Zoning. The potential for visual impacts to neighbors surrounding the site and
the North Ridge Street scenic road should be analyzed by the applicant and provided for
review.
10. Community Character. The Applicant’s 12/11/2018 letter states that a revised estimate of the
number of schoolchildren that would be generated by the development of the three lots was
provided by RH Consulting. However, the report was not included in the package we received.
11. Visual Impacts. The applicant’s 12/11/18 letter indicates there will be no site lighting on Lot 1.
12. Construction. The applicant provided a construction task schedule dated 12/1/18; however,
the schedule does not provide the information requested. The Applicant should provide a
draft construction management and logistics plan that identifies and estimates the impacts
of construction based on the new revised Lot 1 site plan, and explains how the impacts, such
as increased traffic, increased demand for parking, construction traffic routing, need for
materials storage and staging areas, impacts to air quality, security and safety on the
construction site, increased noise, vibration, potential erosion and sedimentation, potential for
rock removal or blasting, etc. will be eliminated or mitigated by the construction management
plan. The plan should demonstrate compliance with Village Code requirements regarding
construction, and identify and employ specific best practices pertinent to the site and the
development plan.
We look forward to discussion with the Planning Board.
Marilyn Timpone-Mohamed, RLA, AICP
Senior Associate/Planning/Environment
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Cc: Mayor Paul S. Rosenberg and the Village Board of Trustees
Christopher Bradbury, Village Administrator
Michal Nowak, Village Engineer/Superintendent of Public Works
Jennifer L. Gray, Esq., Village Attorney
Ralph G. Mastromonaco, P.E.
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