2019.05.23 F.P Clark MemoA HARDESTY&HANOVER COMPANY www.HardestyHanover.com
To: Paul S. Rosenberg, Mayor, and the
Board of Trustees of the Village of Rye Brook
Date: May 23, 2019
Subject: 259 North Ridge Street – Subdivision, Zoning Petition
and Map Amendment, and Revised Site Plan Application
As requested, we reviewed additional and revised information and plans submitted
in support of the three-lot subdivision, site plan and petition to re-zone Lot 1 of the
subdivision into the FAH District submitted by Lazz Development (Louis Larizza), on
behalf of the property owner, Daniel Greto. 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, 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 proposes a three-lot subdivision to create two, 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 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 the petition for a
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Zoning Map amendment for Lot 1, and the site plan application for Lot 1. The Lot 1 site plan requires
approval of wetlands and steep slopes permits by the Planning Board.
The revised application was referred to the Planning Board on November 8, 2018 for a report and
recommendation regarding the application revisions and the Planning Board submitted its report and
recommendations to the Board of Trustees on March 14, 2019.
Review
We reviewed the additional information and plans submitted by the Applicant in response to
comments from the Planning Board in its report to the Trustees, and village staff and consultants’
comments during the Planning Board review. The applications, zoning petition and map amendment,
preliminary subdivision plat, revised site plans, new correspondence, and supporting materials
submitted by the Applicant to date include the following items:
1. Full Environmental Assessment Form dated revised 2/18/2019 and EAF Mapper Summary
Report dated 12/11/2018
2. Short Environmental Assessment Form dated April 11, 2018
3. Application for Subdivision of Land
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. Comment Letter to Marilyn Timpone-Mohamed, Rye Brook Planning Consultant from the
Westchester County Planning Board, White Plains, N.Y., dated April 1, 2019
9. Letter to Ralph Mastromonaco, P.E., P.C., Verifying the April 2015 Wetland Delineation,
from Tim Miller Associates, Inc., Cold Spring, N.Y., dated January 15, 2019
10. Wetland Delineation and Functional Assessment prepared by Tim Miller Associates, Inc.,
Cold Spring, N.Y., dated October 26, 2015
11. Storm Water Report, prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated December 12, 2018
12. Storm Water Report, prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated April 12, 2018
13. Report Memorandum to loulazz@apl.com Regarding the Estimated Public School Children
Generated by the Three Lot Development, prepared by RH Consulting, White Plains, N.Y.,
dated January 7, 2019
14. Report Memorandum regarding the proposed energy use of the AFFH residences on Lot 1
15. Traffic Generation Worksheets, prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-
on-Hudson, N.Y., no date
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16. Tree Inventory and Mapping for Entire Property prepared by Paul D. Muscariello, Certified
Arborist, dated February 2, 2016
17. Tree Inventory and Removal Plan for Lot 1, prepared by Anthony Zaino, RLA, Westchester
County Planning Department, dated 8/9/18
18. Construction Management Impacts and Logistics Plan,” prepared by Ralph G.
Mastromonaco, P.E., P.C., Croton-on-Hudson, N.Y., dated February 28, 2019 revised May
1, 2019
19. Chart showing Construction Tasks and a Construction Schedule dated 12/1/18
20. Letter to the Board of Trustees from Ralph G. Mastromonaco, P.E., P.C., Croton-on-
Hudson, N.Y., dated May 2, 2019
21. Letter to the Planning Board from Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated March 1, 2019
22. Letter to the Planning Board from Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated February 13, 2019
23. Letter to the Planning Board from Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated January 8, 2019
24. Letter to the Planning Board from Ralph G. Mastromonaco, P.E., P.C., Croton-on-Hudson,
N.Y., dated December 11, 2018
25. Revised Zoning Analysis Memorandum to the Rye Brook Board of Trustees from Michael J.
Izzo, Building and Fire Inspector, dated May 15, 2019
26. Response Letter to Dolph Rotfeld, P.E. from Ralph G. Mastromonaco, P.E., P.C., Croton-
on-Hudson, N.Y., dated December 12, 2018
27. 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
28. Stopping Sight Distance Study prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-
Hudson, N.Y., dated February 19, 2019
29. Stopping Sight Distance Study prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-
Hudson, N.Y., dated December 13, 2018
30. Memorandum to the Rye Brook Planning Board from Dolph Rotfeld Engineering, P.C. dated
February 13, 2019
31. Memorandum to the Village Administrator from Dolph Rotfeld Engineering, P.C., Elmsford,
N.Y. dated February 8, 2019
32. “Topographical Survey of Property,” prepared by Link Land Surveyors, P.C., Mahopac,
N.Y., dated January 15, 2016
33. “Preliminary Subdivision Plat,” prepared by Ralph G. Mastromonaco, P.E., P.C., Croton-on-
Hudson, N.Y., dated April 10, 2018
34. Tree Preservation Plan (Lot 1), prepared by Anthony Zaino, RLA, Westchester County
Planning Department, dated January 29, 2019
35. Planting Plan (Lot 1), prepared by Anthony Zaino, RLA, Westchester County Planning
Department, dated April 8, 2018, revised 12/13/18
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36. 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. 4/30/19
1 of 5 Site Plan, Grading/Layout 4/10/18 rev. 2/28/19
2 of 5 Utility Plan 4/10/18 rev. 2/28/19
3 of 5 Erosion Control Plan 4/10/18 rev. 2/28/19
4 of 5 Sight Distance Study 4/10/18 rev. 4/10/19
4A fo 5 Stopping Sight Distance Study 4/30/19
5 of 5 Details/Notes 2/21/18 rev. 1/25/19
1 of 1 Wetland Mitigation Plan 4/10/18 rev. 2/28/19
37. 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. Transportation. The revised plans submitted include revisions to the Stopping Sight
Distance (SSD) analyses for each of the four driveway entrances of the three-lot subdivision,
which we reviewed and found to be acceptable. Regarding the intersection of West Ridge
Drive and North Ridge Street, given the reduction in the number of units proposed, we no
longer recommend additional modifications to the intersection.
We received and reviewed the accident data for North Ridge Street submitted by a member
of the public. We do not find that the data indicates an unusually high number, or severity of
accidents in the area of the proposed development along North Ridge Street.
The applicant provided a draft construction logistics and management plan for Lot 1 that we
reviewed regarding construction traffic. Based on the information provided, the construction
plan should be able to minimize traffic impacts during construction.
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2. Utilities. As of this writing, the Applicant has not chosen an alternative to the provision of natural
gas to the development on Lot 1.
3. Tree Preservation and Protection. The Tree Preservation Plan indicates that 53 regulated
trees would be removed from within the perimeter of Lot 1 during construction. An additional
four trees would be removed from the right-of-way to accommodate one of the curb cuts and
eliminate obstruction of vehicle sight distance.
Based on tree survey provided by the applicant regarding the diameter-at-breast-height
(DBH) of the trees to be removed, and pending review by the Village Engineer, at least 56, 2
to 2.5 inch caliper replacement trees are required to be planted within the perimeter of Lot 1
to comply with Chapter 235 of the Village Code. The tree species to be planted should be
the same or similar to the species removed.
4. Wetlands and Wetland Buffers. The FEAF provides calculation of the area of disturbance
within the buffer on Lot 1, which, according to the applicant would be 0.12 of an acre. Therefore,
the application requires approval of a Wetlands Permit. The mitigation for a 0.12-acre
disturbance of the buffer is a 0.24 acre of plantings or other improvement within the buffer
accepted by the Planning Board as required by Chapter 245 of the Village Code. The proposed
Wetlands Mitigation Plan that includes Lot 1 indicates some new plantings in the buffer close to
the wetland; however, the area of plantings shown does not appear to comply with the 0.24-
acre requirement. The limit of construction shown on the plans encompasses other areas within
the buffer on Lot 1 that may be disturbed by heavy equipment and/or used temporarily for
stockpiling of soil or other materials during construction. Plantings and improvement within
these areas is required and would be acceptable mitigation.
We recommend whatever mitigation efforts are proposed, they should be located in the
disturbed area of the buffer within the limits of construction rather than its current location on the
plan, which is remote from the potential areas of buffer disturbance. The plan should
demonstrate that the mitigation planting/restoration area is at least 0.24 acres and that all
disturbed areas of the buffer are graded and replanted to restore or improve the final condition
of the area.
5. Steep Slopes and Grading. The current plans show conceptual grading plans for each of
the three lots, which is appropriate for the subdivision application. Regarding Lot 1, which is
the subject of a site plan application, the applicant should refine the conceptual grading plan
to the level of a fully developed site plan.
6. Landscape Plan. The landscape plan for Lot 1 should include plantings for all areas of Lot
1 that will be disturbed by construction activities within the limit of construction. The current
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plan does not address plantings in the stormwater basin and an area in the southern portion
of the lot.
7. Construction. The applicant provided a “Construction Management Impacts and Logistics
Plan” that was revised May 1, 2019. The revised draft CML plan still does not address the
construction of foundations and retaining walls, and air quality impacts from fugitive dust
caused by removal of vegetation, disturbance of soils, excavation, and grading.
Michael A. Galante
Managing Principal
Marilyn Timpone-Mohamed, RLA, AICP
Senior Associate/Planning/Environment
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., for the applicant
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