HomeMy WebLinkAbout2015-09-08 - Board of Trustees Meeting Documents VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY, SEPTEMBER 8, 2015
7:00 P.M. —EXECUTIVE SESSION: Non-Union Compensation
7:30 P.M. —REGULAR MEETING:
PLEDGE OF ALLEGIANCE:
REPORT/PRESENTATIONS:
AFFORDABLE HOUSING:
1) Considering an application by Bowridge Realty, LLCX for approval of an
amended site plan for FAH housing, subdivision (lot merger) and extension of
FAH zoning designation at 80 Bowman Avenue, Parcel I.D. 125.35-1-11.
PUBLIC HEARINGS:
1) Considering a local law to amend Chapter 126 and adopt Chapter 127 of the
Code of the Village of Rye Brook governing firearms and fireworks
2) Considering a local law to amend Chapter 250 of the Code of the Village of Rye
Brook regarding Professional Offices
RESOLUTIONS:
1) Considering a local law to amend Chapter 126 and adopt Chapter 127 of the
Code of the Village of Rye Brook governing firearms and fireworks
2) Considering a local law to amend Chapter 250 of the Code of the Village of Rye
Brook regarding Professional Offices
3) Considering a request for funding for the 2015 Columbus Day Celebration
4) Considering cancelling a public hearing on a proceeding pursuant to the
Eminent Domain Procedure Law to condemn real property located at 528
Ellendale Avenue
5) Considering accepting the donation of a generator.
6) Considering non-union compensation and modifying benefits.
7) Considering modifying Village policies and procedures.
8) Considering rejecting the bids for Contract#15-15: Pine Ridge Basketball
Court resurfacing project.
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEMS
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS
September 24 and October 13, 2015
September 8, 2015
RESOLUTION
REFERRING A REQUEST FOR EXTENSION OF FAH ZONING MAP
AMENDMENT, APPLICATION FOR SUBDIVISION APPROVAL AND
APPLICATION FOR AMENDED SITE PLAN APPROVAL FOR PROPERTY AT
80 BOWMAN AVENUE TO THE VILLAGE OF RYE BROOK
PLANNING BOARD FOR REPORT AND RECOMMENDATION
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Board of Trustees is in receipt of an application by Bowridge
Realty, LLC (Frank and Virginia Madonna), for approval of an extension of the Fair and
Affordable Housing (FAH) zoning, subdivision application and amended site plan
application for sixteen (16) units of affordable housing located at 80 Bowman Avenue, at the
intersection of Bowman Avenue and Barber Place, designated as Section 141.27, Block 1,
Lots 26, 31 & 32 on the Town of Rye Tax Map and located in the FAH Zoning District; and
WHEREAS, the Board of Trustees is the Approval Authority, for the application
pursuant to Village Code 5250-26.1.E(2); and
WHEREAS, the property, at 80 Bowman Avenue was previously the subject of a
petition by Bowman Commons, LLC, pursuant to which the property was rezoned from the
C-1 Zoning District to the FAH Zoning District by resolution of the Board of Trustees
adopted November 27, 2012 which rezoning is scheduled to expire in November 2015
pursuant to Section 250-26.1.E(5) of the Village Code unless otherwise extended for one
year by the Board of Trustees upon good cause shown; and
WHEREAS, the Board of Trustees, after review of the Short Environmental
Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be
an Unlisted Action pursuant to the State Environmental Quality-Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
refers the above-referenced applications to the Village of Rye Brook Planning Board for
review and a report and recommendation.
BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant
to General Municipal Law 5239-m and Westchester County Administrative Code 5277.61,
the application shall be referred to Westchester County Department of Planning for
comment no less than 30 days prior to the public hearing concerning the application and,
pursuant to General Municipal Law 5239-nn, the proposed local law shall be referred to the
1313/08/396431 Vl 9/4/15
Village of Port Chester for comment no less than 10 days prior to the public hearing
concerning the application.
BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant
to SEQRA, Notice of Intent to Declare Lead Agency shall be circulated to all Involved
Agencies.
1313/08/396431 Vl 9/4/15
September 4, 2015
Mr. Paul Rosenberg, Mayor
Members of the Village Board
938 King Street
Rye Brook, New York 10583
Dear Mr. Rosenberg,
RE: BOWRIDGE COMMONS - FAH
We are submitting a Site Plan Application for an amendment to the
already approved Affordable Housing Project - Bowridge Commons.
The changes being proposed are as follows:
Bldg. #1 (on the left side of Barber Place) is being expanded from 69.5'
to 76.4' in order to expand the size of each of the apartments.
The number of units are unchanged.
There are 5 - one bedroom walk-in apartments and 5 two-bedroom
duplex units in this building as prior.
The original plan contained one bedroom apartments ranging in size.
from 657 sq. ft. to 667 sq. ft. These one bedroom units will now be
747 sq. ft. to 780 sq. ft.
The two bedroom duplex units ranged from 1253 sq. ft. to 1311 sq. ft.
They have now been enlarged to 1388 sq. ft. and we have added 65 sq.
ft. terraces to the front of the units.
The front yard setback is being changed from 11.5' to 9.3 .
Bldg. #2 is being expanded from 51.5' to 57.5' along the Barber
Avenue side and expanded from 41.6' to 43.2 ft. along the Bowman
Avenue side
This bldg. will consist of 3 one-bedroom walk in units and 3 two-
bedroom duplex units as prior. The number of units is unchanged.
The one bedroom units ranged from 635 sq. ft. to 665 sq. ft. and are
now being expanded to 745 sq. ft. The two bedroom units ranged from
1228 sq. ft.. to 1284 sq. ft. in size and are being expanded to 1378 sq.
ft. for the two end units and 1455 sq. ft. for the middle unit. These
duplex units have also received terraces.
The orientation of this building is changed to have the entrances on
Barber Place instead of facing the parking lot. We feel this provides for
a nicer streetscape.
The front yard setback is being changed from 11.5' to 9.3'.
The purpose for these changes to the existing plan are in order to make
the units larger and therefore more desirable and saleable.
The remainder of the site plan is completely unchanged. Elevations
will be following as we were not able to finalize those yet, but they will
be consistent with the already approved plan in a townhouse style.
Sincerely,
Virginia Madonna
Frank Madonna
VILLAGE OF RISE BROOK
938 KING STREET
RYE BROOK,NEW YORK 10573
PHONE(914)939-0668 FAX(914)939-5801
OCT 3 0...2.014 DD
WEB SITE: www.ryebrook.org
VILLAGE OF RYE BROOK
BUILDING DEc'%AR'rMENT
APPLICATION FOR SUBDIVISION APPROVAL
"ALL SUBDIVISION APPLICANTS MUST SUBMIT 20 COPIES OF ALL ITEMS SUBMITTED TO THE
VILLAGE(EXCEPT FOR PROOFS OF NOTIFICATIONS). .,e,�
Date:/v l lq
1. Name of Applicant: 4tWAjAA1
Address: 5f t)Ct gla c j 1xE+9 t1T�//Glib N�/ /r�57o .
Phone No.'s: Fax:
-- 2. Name of Owner: Wwtf/,We- &�4&lry 44.,11,
Address: `T,6#LtL45#1GL CT pte,,96461- 446 /V.,.1Af7p,_.,.. .--
Phone No.'s: �� '�� 94q�' Fax:
3. Name of Registered Architect: &T#NY-F)W4frCtJ
Address: 1448 ,00WS 6ZOW 9A W1?12:)FZA1A.1 N.Y. /0&0
Phone No.'s: qlq•efq3 .!j�d Fax.:[,,,� Fa •
4. Name of Registered r/Surveyor:_ lrrcm�SGv 4:WlTJ"5 4-9,pG,
Address: 3944691'-4W R44d 1f6&kTV11/1Ue Al,),., 1067D
Phone No.'s: ql q- 76?-6003 - Fax:
5. Subdivision Name and/or Identifying Title: R-01"e IfIQ64yolow*�u lyllkw
6. Tax Map: Section: /211. 27 Block: / Lot: 2ts 3 2 Zoning District:
7. Streets which property abuts:
8. Property (tile(does not) connect directly into channel lines established by the County of Westchester
Commissioner of Public Works.
9. Land in subdivision (is)(isiW*within 500 feet of a Municipal Boundary:
10. Total area of property to be subdivided is 6,SO acres.
Complete This Section For Prelimina Subdivision Approval Only
11. Submit Preliminary Plat and Preliminary Construction Plans. .t
12. The centerline of each proposed road has been staked,or will be staked no later than 20_
13. Lot corners(have)(have not)been identified with the appropriate states.
14. The required fee is computed as follows:
Base Fee: $750
Number of Lots x $600 per Lot: $
Total Fee: $ PAID 0
15. Theundersignedhereby requests approval by the Board of Trustees for the preliminary Plat and Construction Plans:
o z2 h
Signature of Applicant Date
/a/27—Ly
Signature of Property Owner Date
Complete This Section,For Final Subdivision Approval Only
16. Proof by the applicant of ownership of the affected premises.
17. Proof by the applicant of Certificate of Title Company covering all interests,liens and objections to title,if any.
18. Formal offers of cession to the Village of all streets and park areas not to remain private.
20. Written agreement permitting entry by the Village.
21. List of Waivers requested.
22. Engineer's estimate of the cost of construction of the subdivision street and all other improvements shown on the final
construction plans.
23. Final Subdivision Plat and Final Construction Plans.
24. Proof of approval by New York State Department of Transportation and/or Westchester County Department of
Transportation of the proposed construction of any street/intersection with a State or County Highway,if any.
25. Proof of approval by Westchester County Department of Public Works of drainage lines if connecting directly into
channel lines established by the Commissioner.
26. Proof of approval by the appropriate Utility Companies and/or of special districts having jurisdiction of the proposed
location of underground utilities and equipment.
27. Proof of approval by Westchester County Department of Public Works Division of Stream Control,if necessary.
28. Final Subdivision Approval fee is computed as follows:
Base Fee: $750
Number of Lots x$600 per Lot: $
Total Fee: $
31. Construction Inspection Fee: $
32. Recreation Fees: $
33. The undersigned hereby requests approval by the Village of Rye Brook Board of Trustees for Final Subdivision
Approval:
Signature of Applicant Date
Signature of Property Owner Date
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Short Environmental Assessment Form
Part I -Project Information
Instructions for Completing
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor Information
Name of Action or Project:
Bowridge Commons
Project Location(describe,and attach a location map):
80 Bowman Avenue,Rye Brook,NY
Brief Description of Proposed Action:
Ammend previously approved site plan to increase building footprint.
(8)2-Bedroom Units&(8)1-Bedroom Units-no change to the number of units or parking spaces.
Name of Applicant or Sponsor: Telephone: 914.263.9495
Bowridge Commons LLC E-Mail:
VMadonna@aol.com
Address:
7 Spruce Hill Court
City/PO: State: Zip Code:
Pleasantville NY 10570
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that F
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: F-1Westchester County Affordable Housing Program 7
3.a.Total acreage of the site of the proposed action? 0.50 acres
b.Total acreage to be physically disturbed? 0.50 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 0.50 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
JZ]Urban ❑Rural(non-agriculture) [:]Industrial ❑Commercial ❑Residential(suburban)
❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? ❑ ❑✓ ❑
b.Consistent with the adopted comprehensive plan? ❑ ❑
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑ ❑✓
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: 0 ❑
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑✓
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑✓
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ❑ ❑✓
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: El12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? ❑✓ ❑
b.Is the proposed action located in an archeological sensitive area? ❑
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? ❑✓ ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑Forest ❑Agricultural/grasslands [:]Early mid-successional
❑ Wetland mUrban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? V ❑
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? ONO E]YES ❑ ❑✓
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO ( YES
Only when the proposed detention system exceeds the design criteria.
Page 2 of 3
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: ❑ ❑
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: M ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: Z ❑
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/spo�ns `nam-e: Frank Madonna Date: September 3,2015
Signature/ /
PRINT FORM Page 3 of 3
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FOR OFFICE USE ONLY:
BOT Approval Date: PB Approval Date:
BOT Disapproval Date: PB Disapproval Date:_
Attach.Resolution Hereto: BOT[ J PB[ ] ZBA[ ] Chairman:
SITE PLAN FEE: DATE PAID:
ENVIRONMENTAL FEE: DATE PAID:
OTHER:
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APPLICATION FOR SITE PLAN APPROVAL
Submission of this application does not assure placement on any Planning Board Agenda.The Applicant will be notified of such placement.
This application references but is not limited to the following sections of the Code of the Village of Rye Brook;§250 ZONING,§209 SITE
PLAN REVIEW.§235 TREES,§1.07 DE.M.OLITIO-NT OF BUILDINGS,§224 SWIMMING POOLS,§121 EXCAVATION&TOPSOIL
REMOVAL,§1 18 EROSION&SEDIMENT CONTROL.§213 STEEP SLOPES PROTECTION,§219 SUBDIVISION OF LAND,
§250-40 NOTIFICATION RF_,QUIRF.,MEN7S.Applicants and their-Design Prot'essionals Lire strongly advised to reviewthe above mentioned
code sections online at,www..ryebrook.ore ptior to completing and/or submitting this application.
APPLICATION FEE SCHEDULE:
Residential Dwellings- $325,plus$200 per additional dwelling unit.
Non-Residential Buildings - $475 plus $30 per parking space.
Planned Unit Development-$575 per acre
PUD Amendment- $300
Site Plan Amendment- $575
Wetlands&Watercourse- $1,150
Consultant Review(Escrow)Fee: Minimum fee$250-maximum fee$2,500,to he determined by the Village Engineer.
4pplication•eesare non-re&idable.The.uppltcam_S L'scrolV Accolln1 Must have a posaive 1 Glance al all f,nies prior to aM,E..onsultsn1,t:111orne?or!'Mage
review E=scrow f ses anti Silt,Plan Feer writ be paid on separate checks Juane qva ile to lire Village Qf Pj,,-Brook.
1. Site Address:_ 3L.t,+ 'VZ Parcel lD#: '�7°I'a2�1Z'n : FAl-�
Lone.
2. Property Owner: W)f-y-gr OA U �w^(�tl k t �,t Y►�� A n 1'�Gt
Address: r] �,ot^wce �i�� C�fQ�r2a5rJn�J����l PTother:
E-Mail: -4 V%t ajor�ru� �,v C�-m.
Tel.#: u � -37-JW Z(, at I 1 14o 3— '14I S-7 _
3. Applicant: 17
Address: E-Mail:
Tel.#: Other:
4. Design Professional: j}cn-t-t+vr��.,F
Address: 0 (t, E-Mail:0I—Irid r lin" `1'(0 u7 g,�iA.' . Cv.'v`
Tel.# 1� a(p ` 7 d Other:
5. Designate to whom correspondence is to be seat:
Note;If applicant.is a"Contract Vendee",please attach a copy of the contract suirvnary with financial and confi&ntial terms deleted.
REVISED 8110115
6. Street which property abuts:
7. Does property connect directly into State or County highway? W'NO O YES: _
8. Is site within 500 feet of Village Boundary?( )NO (o' ES If yes note all bordering municipalities: +4f-
9. Total area of site: < :50 a.G/SLS Area of site activity: 'So
10. Site coverage: °/a; Building coverage:
11. Existing building size: `(� New additional building size:
12. Existing parking spaces: t7 New parking spaces: Q 4
13. Nature of proposed activity: E R tP_ d
Please note that this application must include the notarized signature(s) of the legal owner(s)of
the above-mentioned property, in the space provided below. Any application not bearing the
legal property owner's notarized signature(s)shall be deemed null and void, and will be retumed
to the applicant.
STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as:
C=e IA ho c4 a/k being duly sworn,deposes and states that he/she is the applicant above named,
(print name of individual signing as the applicant)
and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the
to as^" for the legal owner and is duly authorized to make and file this application.
(indicate architect,contractor,agent,attomey,etc.)
That all statements contained herein are true to the best of his/her knowledge and belief, and that any work performed,or use
conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and
in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention
&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations.
Sworn to before me this '�T4 StiN.-orn to before me this
day of �'Vj_tt4OCC , 20 (q day of 120
Not c Notar,,Public
4tTrd'ture of Property Owner Signature of Applicant
Print Name of Property Owner Print Name of Applicant
MAUREEN T. McCORMICK
Notary Public of State of New Jersey
My Commission Expires 01!2412017
REVISED 8110115
/ i)Rc �.
VILLY OOK
938 King S , lfSto:.;A.Y. 10573
(914)9391,- 1ha ,E '` 39-5801
SITE PLAN SUBMITTAL REVIEW CHECKLIST
This form shall serve as a checklist for site plan submittal and review by the Village of Rye Brook. The use of this plan
review checklist by the applicant is to ensure compliance with the technical provisions of§209 of the Code of the Village
of Rye Brook entitled, Site Plan Review, pertaining to preliminary and final plan preparation. The Village Code is
available on the Village Website at: www.ryebrook.org. Prior to the appearance before ANY meeting or hearing of the
Planning Board,the applicant must comply with all Notification Requirements of Code Section 25040.
SITE PLAN SUBMITTAL SHALL INCLUDE:
1. APPLICATIONS. Completed and signed including correspondences.
2. CHECKLIST. Completed and signed.
3. PLANS. Signed, Sealed&Dated. Fifteen paper(15) copies or twenty(20)copies when Board of Trustees approval
is required and one (1) electronic version. One (1) record set with original signatures, dates and seals may be
provided and submitted with fourteen(14) copies or nineteen (19) copies that clearly indicate the signatures, dates,
and seals shown on the record set.
4. FEES: All application fees and Environmental fee. A separate check for filing fee and Environmental fee.
5. Environmental Assessment Form. Form available on the NYS DEC website.
6. Electronic Copy. Complete copy of all plans and shall be submitted electronically at time of submission.
7. Notarized Affidavit of Sign Posting&Mail Notification.
(Applicant's signature)have read the Notification Requirements
of Code Section 250-40 and will provide notification as required.
IDENTIFICATION OF APPLICANT(S): IDo
Identification of Applicanf _�,�C (� raL V� l„1- tc�r�+�Aon (�bvr�nnr�a'15
Applicant: ('A R 1'�60 rJ r t Ar
Address: d 1 C P I2 3[-_-, I N
Tel. Fax: !0114 -%6q-6 E-Mail: t-A on nA, J (
Y-n
Proj ect Name: p t�_2t bG vr, n5 ►n et d.�r�hG. ao J• c�>`r
Project Address: Q - Ad C_
Current Property Owner: s•�n l+n ►o. C�ci`D Y� f C_
Address: I f; pNcf-k I 6A Ai i le a—
Tel.#: 1,4-'2-(0--> Qj Fax:_"lE-Mail; a e(�nr ajCe tel, c
IDENTIFICATION OF PROPERTY:
Identifying Title: , t, t J4 If-
Tax Designation: Section: > � . 91 Block:_—Lot: �-2— Zoning District:
Street which property abuts: _e q P_ _
Plan Submission Date: 7-11!S Q,y',-�t t;A,
Site Plan Checklist Page 1 of 7
Project Address ia � (�1 �
Y N NARPLANREOUIEMENTS
O O 9
f 15-20 copies of plans prepared and signed by a registered Land Surveyor,Engineer or Architect.
O O One(1)electronic copy of all submitted plans.
00 O Topog aphie Survey stamped by New York State Land Surveyor with license number and seal.
O O Topographic survey scale of one(i)inch per twenty(20)feet or larger.
9F O O Section, block and lot numbers of the property taken from the latest tax records along with a copy of the most recent
property card on file with the Town of Rye Tax Assessor's office.
00 O Name of the proposed subdivision plan.
0 O O Name and address of the owner of record.
160 O Name and address of the applicant.
Q( O O Deed reference(s).
00 O Names, addresses and signature of every Engineer, Architect, Land Surveyor or Soil Scientist whose professional seal
appears on any site plan submitted to the Board.
46 O O North arrow and scale.
O O Location map at the minimum scale of I"equals 1,000 feet.
O O Area of all lots,in square feet.
fl O O Engineering notes on plans as stated in application packages.
O O Copies of all existing and proposed deed restrictions or covenants applying to the property, including, but not limited to,
covenants and agreements restricting the use and establishing future ownership and maintenance responsibilities for all
private roads,recreation,and open space areas.
V(O O Any prior land use approvals with respect to the subject property.
000 Date the plans were first drafted. Any revision(s)made to any of the sheets first submitted are to be so noted in the revision
block. The revision block is to be placed on the originals of the revised sheets. Additional paper copies are to be made&
submitted for the Planning Board&Building Dept.to replace those sheets previously submitted.
Q( 00 Other existing site improvements,including,but not limited to,fences, landscape or retaining walls,landscaping &
screening.
O O�/ Location of all buildings and structures on the premises and approximate location of all neighboring buildings or structures
within 100 feet of the lot line.
O O Fees paid to The Village of Rye Brook Building Department.
O O O Any revisions to plans shall be identified with a revision cloud and numbered revision triangle
Y N N/A ABUTTING PROPERTYINFORMATION
O O 0 The names and addresses of all abutting property owners within 250 ft as indicated in the]Municipal records.
O O pr Zoning and use of abutting properties noted on plans.
O 0 O Shape,size,height and location of existing buildings and driveways within one hundred(100)feet of the site.
O 0 O Location and description of existing easements within one hundred(100)feet of the site.
O 0 O Location of existing private or public trails within one hundred(100)feet of the site.
O 0 O Location of existing roads,scenic roads and/or driveways within two hundred(200)feet of the site.
O 6 O Location of proposed parkland. If none state nearest recreation facility
�1 O O Location of existing septic system leach fields within two hundred(200)feet of the site.
,6 O O Locations,dimensions,grades and flow direction of existing sewers,culverts,waterlines as well as other underground
utilities within and adjacent to the property.
Site Plan Checklist Page 2 of 7
Prgiect Address(Lfj ry-, a,�.
090 The location of all existing watercourses,intermittent streams,wetland areas and springs,consistent with the definitions set
forth in Chapter 245,Wetlands and.Watercourses,of the Code of the Village of Rye Brook.
Y N NA PROPOSED SITE PL4.N INFORMATION
000 Sufficient, acceptable information to readily determine the location;bearing;and length of every street line, lot line,and
property boundary line.
000 Location of all building setback lines.
000 Topographic data at a minimum contour interval of 2'-0"increments,showing existing and proposed contours on the
property and extending a minimum of 25 feet into all adjacent properties.
600 The location and characteristics of the different areas of vegetation,including the identification of all individual trees 12 or
more inches in diameter at breast height("DBH"), protected trees of any size, as well as stands of trees and wooded areas,
within areas of proposed disturbance, consistent with the provisions of Chapter 235, Trees, of the Code of the Village of
Rye Brook.
O 9(O Location and proposed development of all buffer areas,including existing vegetative cover.
q O O Location and description of any zoning district and municipal boundaries including a zoning compliance chart for the
existing and proposed lots.
Ip O O Shape,size,height and location of all existing and proposed buildings.
O O Location and description of any existing and proposed easements.
60 O Location and dimensions of all existing and proposed streets,driveways,sidewalks,parking spaces,bicycle parking,
loading areas and other facilities associated with the proposed use.
00 0' Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
VO O Location of existing and proposed utilities(water,sewer,gas,electrical,telephone,oil tank etc.).
O O)6 Design and location of all existing and proposed wells, septic tanks and leach field systems,or methods of waste water
disposal.
O O Location,type and size of all existing and proposed landscaping and screening including fences and walls.
00 $ Location,size and proposed screening of outdoor storage areas,if any.
00 O Location, design and construction material of all existing or proposed site improvements, including drains, culverts,
retaining walls,landscape walls and fences.
9(O O Exterior lighting plan and proposed signs to be located on site,including sign orientation,size,height,and elevation view.
0'0 O Storm drainage plan and plans for snow removal and storage.
00 O Pedestrian and automobile circulation plan.
4S O O Construction drawings for pavements,walks,steps,curbing,drainage&other structures associated with the proposed use.
160 O Erosion and sedimentation control plan,including installation details of proposed control measures,directive construction
notations and a schedule for the installation and maintenance of proposed control measure.
f� O O Description of measures planned to assure proper erosion and sedimentation control.in accordance with the requirements
/ of Chapter 118 entitled"Erosion and Sediment Control,"of the Code of the Village of Rye Brook.
® O O Drawing and computation for storm water detention design for a 25-year storm in accordance with the NN%estchester County
Best Management Practices
O OV Rock outcroppings and areas of steep slope consistent with the definitions set forth in Chapter 213,Steep Slope Protection,
of the Code of the Village of Rye Brook.
000 Location of any common lands and/or public lands.
9(0 O Phasing or an estimated project construction schedule.
D O O Supporting documents,including deeds,maintenance,condominium agreements,etc.
Site Plan Checklist Page 3 of 7
Project Address(2-r", b0 x.1.5 man,
O O Location of proposed construction or area of disturbance and its relationship to any property line, easement, building,
structure, road, wall, fence, sewage disposal system, well, wetland feature or tree exceeding six inches in diameter
_ measured at a height of four feet from the ground
/
O O �d Estimate of earthwork showing the quantity of any material to be imported to andior removed from the site including
a chart with the number/species and size of any trees to be removed.
000 Location and size of areas of soils by soil types in the area of proposed disturbance and to a distance of 100 feet
surrounding the area of disturbance.
O O Or Cross sections of steep slope areas.
(ar O O Retaining walls or like constructions,with details of construction.
00 -9 Approximate boundaries of any areas subject to flooding or stormwater overflows, including areas of special flood hazard
and coastal high-hazard areas, consistent with the definitions set forth in Chapter 130, Flood Damage Prevention, of the
Code of the Village of Rye Brook.Approximate Wetlands and wetland buffer boundaries shall be clearly delineated.
9( O O Location of fire and other emergency zones, including the location of fire hydrants.
O O V Studies to include,but not necessarily limited to: environmental impact analysis,wildlife;traffic,stormwater
management,recreation,public service,fiscal impact,visual impact and historic significance documentation,or a written
rest to waive the submission requirements for these studies.
000 Amount of any bonds required.
O O d Amount of excavated material to be removed from site,if any.
Y N NA OTHER(as applicable)
0 ,0(0 Record of application for and approval status of all necessary permits from state and county officials and local utility
companies.
O �O Identification of any federal,state or county permits required for the project's execution,including project referrals,
if any,&environmental review procedures mandated by Article 8,Environmental Quality Review,of the Environmental
Conservation Law(SEQRA).
O (YO Any other information felt necessary by the Planning Board to allow the Board to proceed with consideration&to make an
informed decision.
DEVELOPMENT REVIEW CHECKLIST
WESTCHESTER COUNTY PLANNINGBOARD
Notice to Applicants/Developers: At some point during the development review process your project may be referred to the
Westchester County Planning Board for review and comment in accordance with state and county laws that require local planning
boards, zoning boards of appeals and governing bodies to refer certain development applications to the County Planning Board.
Referral to the County Planning Board may not occur until your project has progressed well along through the design process. Since
the Planning Board's comments may impact project design,this checklist is provided to encourage early consideration of these areas
of concern by applicants to avoid project changes later.
For information on the County Planning Board review process and to access an electronic copy of this checklist, go online to
wvw.westeliestergov.com.-planningreterrals or contact Lukas Herbert at lah5@westchestergov.com.
L COUNTY PLANNING BOARD POLICIES: Written policies underlie all recommendations of the County Planning Board.
Westchester 2025-Contest for County and Municipal Planning and Policies to Guide Coun4,Planning,adopted by the County
Planning Board on 5/6/08,amended 115/10,can be found at ww.westchestergov.com/2025.
❑Westchester 2025:Policies should be reviewed to determine how they relate to the development proposal.
II. IMPACTS TO COUNTY FACILITIES AND SERVICES: The County Planning Board coordinates the review of
development projects with Westchester County departments to identify and address potential impacts on County services and
infrastructure.In some situations,permits and approvals may be required that could change project design.
Site Plan Checklist Page 4 of 7
Prgiect Address (A I cu ax\
❑ Map of County Facilities: Review the State& County Roads and Parks map (which also includes county channel lines)to
identify proximity to County facilities at: www.westchester gov.coiniplanningdocs;'pdfmapsi'countystateroadsparks.pdf. Other useful
map links for information about environmental features, septic./sewer map, county sewer districts map, etc can be found at:
www.westchestergov.com/maps
❑ COUNTY ROAD: Applications for development on sites that abut a County road must be submitted for review by the County
Department of Public Works. Information and forms can be found at: ivwtiv.westchestergov.com.-dpt4;bldaperm.htni. Former County
Roads do not need review by the Department of Public Works, but will still likely trigger a review by the County Planning Board.
❑ COUNTY CHANNEL LINES: Applications for development on sites within 100 feet of a designated County Channel Line
require a stream control permit from the County Department of Public Works. Information and forms can be found at:
www.westch esterir*ov.com/dpw,'bldgperm.htm
❑ COUNTY PARK: New construction &land alteration projects adjacent to County parks are expected to address screening&
buffer of new uses from the park, as appropriate. Stormwater should not drain from a developed site onto a County park without
acceptable quantity and quality controls.County parks are designated as Critical Environmental Areas.
❑ SEWAGE TREATMENT AT COUNTY TREATMENT PLANT: Local municipalities are required to reduce and
eliminate inflow and infiltration(I&1)into the sanitary sewage systems tributary to County treatment plants.New development will be
expected to reduce I&I in relation to generation of new flow at a ratio of three to one. This requirement must be discussed with
local officials.
❑BEE-LINE BUS SERVICE: Bee-Line bus stops serving a development site should be identified on plans or noted if located
off-site. If a bus stop is located along the site's frontage, the applicant should contact the County Department of
Transportation to discuss impacts and the need for improvements. Safe and separate pedestrian access should be provided to link
a bus stop and sidewalk with building entrances. Information on County bus service and design guidelines can be found at:
westcb estergov.con>.!transportati on/im ages%B us°'o20Servi ce°'o20Guideli n es.pdf
❑FAIR AND AFFORDABLE HOUSING: Many municipalities require inclusion of fair & affordable units in new
developments. Financial assistance to achieve fair & affordable housing development is available through Westchester County &
other sources. Applications that include new residential units to be affirmatively marketed&sold or rented subject to fair&
affordable housing provisions should be tied to Westchester County guidelines on affordability including income guidelines of
eligible households that can be found at: http:f/homes.westchestergov.com/. If County funding is sought to develop fair &
affordable housing,the County Board of Legislators must be included as an involved agency under SEQR.
❑RECYCLING: New buildings must contain a designated area of sufficient size for separation and storage of recyclables and
trash. Building expansions should also include sufficient space for separation and storage of recyclables.For more information about
County recycling requirements go to:wwlv.westchestergov.com'environment._recycling.htm
❑STORM SEWER SYSTEM.: Any connections to a County storm sewer line will require a permit from the Department of
Public Works in accordance with the County Illicit Discharge Detection and Elimination (IDDE) law. Information & forms can be
found at.www.westchestergov.comidpw/bidgperm.htm Non-stormwater discharges to the County storm sewer system are prohibited.
III. DEVELOPMENT STANDARDS
The County Planning Board's land use policies focus attention on several aspects of development that may have intermunicipal and
quality of life impacts.The list below includes areas most frequently commented on by the County Planning Board.
❑WATER: All development plans should include sufficient provisions for stormwater management water quality, measures and
mitigation of flooding.
❑Plans should identity the major drainage basin or watershed the site is located in (Croton River, Upper Hudson River, Lower
Hudson, Upper Long Island Sound Bronx River and Lower bong Island Sound). An interactive map with watershed boundaries can
be found at www.westchestergov.com,'plannitig;-'maps&Iists/drainbasinsl I I Thtml
❑Watershed plans have been developed for several of the County's watersheds - the Croton, Indian Brook-Croton Gorge, Bronx
River & Long Island Sound watersheds - that include specific recommendations that apply to development projects. See
recommendations in watershed plans at: planning.westchestergov.cont%index.php?option=coin_contelit&task=view&id= 1231&
1 temid=2204
Site Plan Checklist Page 5 of 7
Prgiect Address�C71
❑Development that involves filling, creation of impervious surfaces or buildings and substantive loss of natural vegetation in a
floodplain or flood prone area should be avoided.
❑Above ground,vegetated retention/detention basins or devices are preferred.because they perform better,are easier to inspect and
maintain and provide additional environmental benefits over subsurface structural devices. Any such treatments should not be
constructed within wetlands or buffer areas around wetlands.
❑The development should treat and retain as much stormwater on-site as possible, particularly when the site is located in a drainage
basin with known flooding problems. A Construction Stormwater Toolbox with tools and sources of technical information related to
the construction activities and stormwater management best practices is available from the New York State Department of
Environmental Conservation at:ww-w.dec.ny.gov/clnemicall8694.html
❑New development should include protection of aquatic resources. For more information about protection of aquatic resourc-es&
buffer areas,go to:planning.Aestchestergov.coin:`index.php?option=com_content&task=view&id=1491&Itemid=2458
❑Impervious cover should be minimized.Permeable paving surfaces should be used where feasible.Vegetative rain gardens should
be used,particularly in areas of overland or channelized stormwater flow,to improve stormwater quality and reduce runoff volume.
For more information,go to: Nnnvw.westchestergov.com!stornn-�vater
❑Buildings along coastlines and low lying area should consider the impacts of sea level rise. Specific consideration is required of
potential impacts to surface and subsurface drinking water supplies.
❑ SITE LAYOUT.Aesthetic design,building orientation and community character should be considered in the site layout and
building appearance.
Din most locations,buildings should face the street and have pedestrian access from the street.
❑Commercial buildings should be located near the front street line with the majority of parking located.in the rear of the building.
Even gas stations and convenience stores should be upfront in a landscaped setting with parking,pumps and canopy toward the rear.
❑Buildings should be of pedestrian-scale when seen from the sidewalk.
El Building facades should contribute to and enhance the character of the community.
❑Driveway and pathway connections should be provided to adjacent sites when possible and crosseasements provided.
❑ STREETS. Street design should reduce unwarranted paving and promote connectivity.
❑New-streets should connect with adjacent streets wherever feasible to prevent the proliferation of dead-end streets and promote
neighborhood integration.
❑Connections could be vehicular or pedestrian/bicycle only,where appropriate.
❑Street widths should be minimized for streets with low traffic volume to reduce speeds and impervious surfaces.Lane widths of 12
feet are only appropriate for major roadways.
❑Driveway widths should be no more than 9 feet to reduce impervious surfaces.
❑Permeable paving surfaces should be used where feasible.
❑ GREEN TECHNOLOGY.New development should include as many green building elements as possible,such as:renewable
building materials,energy efficient heating/cooling systems and fixtures,water saving devices,green roofs and permeable paving
surfaces.Information can be obtained from the U.S.Green Building Council at:www-.usgbc.org.
❑ LANDSCAPING AND LIGHTING.The site improvements should enhance community character.
Site Plan Checklist Page 6 of 7
Project Addresses
❑ Landscaping should consist of native plant species appropriate for the location.Invasive plant species should be prohibited.
Invasive plant information available at:wAiv.cvestchestei-gov.com/planning,/cnvironnientaitReportsrinvasivePlantsBrochO8.pdf
❑ Pollutant tolerant plantings should effectively shield parking,loading areas and refuse collection sites.
❑ Site lighting should be provided at die lowest safe levels and lowest heights,avoiding all spillage offsite.
❑ PEDESTRIANS.Safe,convenient and ADA accessible pedestrian access is provided.
❑ A sidewalk should be provided along the site frontage along each street.
❑ Direct pedestrian connections should be made from the front of the building to the sidewalk.Pedestrian crossings of drive-ways&
parking lots should be minimized or avoided.If they must be provided,painted crosswalks should be provided through parking lots.
❑ ADA accessibility must be provided.
❑ BICYCLISTS.Provisions for bicyclists should be incorporated into project design.
❑ Bicycle parking should be provided ni commercial and residential developments.Guidelines can be found at:
Nvww.apbp.org!resource/resmgri'publications,,lbicvcle_parking guidelines.pdf
❑ if near a trailway or bicycle route,extra consideratiat should be given to bicycle accessibility such as bike lanes on internal
roadways, bicycle parking and other amenities.
❑ Drive-thru lanes at uses such as banks and fast-food restaurants should also be accessible for bicycles.
Waiver:Upon finding by the Building Inspector, Village Engineer, Planning Board or Board of Trustees that, due to the particular character or
limited nature of development or change in use or to special conditions peculiar to a site, the submission of a final site plan,or certain portions of
information normally required as pan of the site development plan, is inappropriate or unnecessary or that strict compliance with said submission
requirements will cause extraordinary and unnecessary hardship,such official or Board may waive such submission requirements wherever, in the
opinion of such official or Board such waiver will be consistent with the goal of promoting the public health, safety and general welfare of the
community.The findings for granting such waiver shall become a part of the public record. Any waiver request must be made in writing,and
include sufficient detailed information for the appropriate authority to maize an informed decision.
Design Professional's Certification of Completion of Checklist
I have fully reviewed the Village of Rye Brook's requirements and certify this application to be a complete submission. 1
understand that an incomplete plat or incomplete checklist shall be deemed an incomplete submission and shall be
returned to the applicant upon determination of such by the appropriate authority.
(Print) et my >F� ��
Nurse riot � ►a-D
Signature
1k A ;
F
Date-
Professional
toProfessional Seal
Site Plan Checklist Page 7 of 7
BOW RI DG E REALTY, LLC
7 Spruce Hill Court
Pleasantville, NY 10570
September 3, 2015
Mr. Paul Rosenberg, Mayor
Village Board Members
938 King Street
Rye Brook, New York 10583
Dear Mr. Rosenberg,
RE: 80 Bowman Avenue, 12 Barber Place, 14 Barber Place
Bowridee Commons
With this letter we are requesting an extension of the current FAH zone due to expire on
November 25, 2015 for the above referenced property so that we may be able to
effectively pursue approval of the Bowridge Commons Affordable Housing project.
Thank you for your consideration.
Sincerely,
V,
Virginia Madonna
Frank Madonna
Cc: Jennifer Gray, Keane &Beane,Village Attorney
C. Bradbury
M. Izzo
M. Timpone
M. Nowak
September 10, 2015 R - 1
RESOLUTION
APPROVING A LOCAL LAW TO AMEND CHAPTER 126 AND TO
ADOPT CHAPTER 127 OF THE VILLAGE OF RYE BROOK CODE
CONCERNING FIREARMS, FIREWORKS AND PYROTECHNICS
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law to
amend Chapter 126 and adopt a new Chapter 127 of the Rye Brook Code; and
WHEREAS, the proposed local law will amend Chapter 126 of the Rye Brook. Code
by (a) modifying the provisions governing the carrying and use of firearms and the practice
of hunting in the Village of Rye Brook set forth in Chapter 126; and, (b) adopting a new and
separate Chapter 127 of the Code to include the provisions governing permits for fireworks
and pyrotechnics displays,
and
WHEREAS, a duly noticed public hearing was opened on the local law on
September 10, 2015, at which time all persons wishing to speak concerning the local law
were given such opportunity; and
WHEREAS, the Board of Trustees then closed the public hearing on
September 8, 2015.
NOW THEREFORE, BE IT RESOLVED, that the Rye Brook Board of
Trustees hereby adopts the annexed local law amending Chapter 126 and adopting
Chapter 127 of the Rye Brook Code and directs that said local law be filed with the Office of
the New York Secretary of State.
1313/08/55178911 914115
LOCAL LAW
AMENDING CHAPTER 126 AND ADOPTING CHAPTER 127 OF THE
VILLAGE OF RYE BROOK CODE
A LOCAL LAW to amend Chapter
126 and adopt Chapter 127 of die
Code of the Village of Rye Brook
governing firearms and fireworks.
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
SECTION 1. Chapter 126 of the Code of the Village of Rye Brook, tided "Firearms and
Fireworks" is hereby, renamed "Firearms."
SECTION 2. Chapter 126 of the Code of the Village of Rye Brook, titled "Firearms", is
hereby amended as follows:
Article I: Display and Discharge
.
17L�4T
ineltides one of ffiore Persons of eithef > > eofpofftbons, pffffflefships,
beingstied,
§ 126-21 Prohibitions.
store,A, if shall be unlawful f6f any person to sell,
off-ef or expose f6f sale or ha-ve in"Mith intent to sell, of to use, dischaTe or cause to be dischafged, ,
fired of othefwise set in --c-1--on -,vithin the Village of Rye Brook any fifewoAt,,,
fireerackefs, fockets, spark4efs, tofpedoes, Roman candies, fire balloons of other
.1--11 designed or intended for
b
, grant
dispifty of fifeworks subject to fes�riie-ions ffiftfidated by 6W of fesolution of said
43- It shall be is hereby unlawful for any person or end to discharge or fire
Wlftge of - any rifle, gun, pistol, revolver, air rifle, BB gun, bow or cross-
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any
bows , w4tether projeeting or eNplodiigg
b , blank caftfidge, cap of othefwiise, or any explosive substance or
mixture of chlorates or nitrates in the Village of Rye Brook, except as hereinafter
provided.
126-32 Penalties for offenses.
In addition to any other charge or penalty available under Federal or state law, Aany person
who, hiffiself Of itself or- by his or- its agent of effiployee, shaI4 or entity violates any o
the provisions of this Argyle Chapter ,
pu-fsuanee thereof shall be liable �o a penalty in any one case of violation as Pr-o-,A,ded in 5 4
shall be guilty of a violation punishable in accordance with
Section 1-17 of the Village Code.
Article II: Hunting and Trapping
§ 126-4 Title.
This Article shall be known as the "Hunting Ordinance."
§ 126-5 Definitions. Hunting Defined.
.
'_4 life i the V44 g_ -_c�u-_.. ,r- _'-_ To Hunt, or Hunting, for purposes of this chapter, shall
IIf7TTflTITnTf�,
mean the act of pursuing an animal with the intent of killing it for food or sport.
§ 126-6 Restrictions.
A. No pefson ShaU trap, hunt, shoot,
wound or k4II in any mannef the wild aftimal of
bifd life within the Wlage of Rye Bfook, except as pefffifffed by this Afticle No
person or entity may hunt within the Village of Rye Brook.
B. No person shaU hunt at any time in the V414age of Rve Bfook except as provided
4iis Af6ele No person or entity ma�T trap in the Village of Rye Brook, except as
provided herein.
126-7 Target shooting.
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Target shooting is permitted b b
fifle vange licensed by the Boafd of T'fustees at lawful shooting ranges within the Village of
Rve Brook.
126-5 Presumptive evidence of hunting and trapping.
The possession of any wi4d ftfiiffials of wi4d birds or- the possession and ear-r-yii�g in the fi
The possession and caning of a shot gun, pellet gun, BB gun, bow or cross-bow in the field
shall be presumptive evidence of hunting. Likewise, the possession and caning of a cage,
trap, snare or similar animal restraining device shall be presumptive evidence of trapping.
§ 126-9 Trapping restrictions.
To Trap, or Trapping, for purposes of this chapter, shall mean the act of setting of a cage,
trap, snare or similar restraining device for the purpose of capturing or killing an animal for
food or sport. This definition does not include animal capture conducted by a professional
trapper, animal control officer, animal control service or humane society for nuisance
removal, population control or for any other purpose that is not Trapping for food or sport.
Trapping is hereby prohibited in the Village of R�%e Brook.
.
permitted except on permit issued b-,T the Board of Tfustees, and then only when it appears
�40 f7fftp Of the type 11HIOWti ftS the W tfftp" Of "pole "ftp" shall be pefffiitted to be ttsed,
. Use of"jaw
traps" and "pole traps" is universally prohibited in the Village of Rye Brook, regardless of
the reason for such use. All traps used in the Village of Rye Brook shall be fitted with a
metal tag featuring the owner's name and address upon it.
SECTION 3. Chapter 127 of the Code of the Village of Rve Brook, hereby titled
"Fireworks and Pyrotechnics", is enacted as follows:
127-1 Findings and purpose.
A. Pursuant to recent revisions to the New York State Penal Law � 405.00, it is now
legal for private individuals, organizations and municipalities, to employ the use of
professional Pyrotechnics and Fireworks for public displays. The Rve Brook Board of
Trustees hereby finds that such activities are extremely dangerous, as they incorporate
the use of highly explosive materials and other devices which can pose a serious
threat to public health and safety if not conducted in a proper and safe manner. The
Board of Trustees, therefore, finds it is necessary to enact a chapter benefiting the
health, safetygeneral welfare of the Village of Rye Brook and its residents with
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respect to the storage and use of Fireworks and Py_rotechnics within the Village's
jurisdiction.
B. This chapter is intended to operate in accordance with and shall not supersede,
Sections 405.00 and 270.00 of the New York State Penal Law or the regulations
promulgated by the NYS Commissioner of Labor under 12 NYCRR Part 61, as
amended from time to time. Where applicable, this chapter shall regulate those areas
specificall-y prescribed to the authority of the Village.
127-2 Definitions.
AUTHORIZED ASSISTANT
An individual who has been authorized by the Certified Operator to work on a show after
such operator has confirmed that the individual is either a certified pyrotechnician, or
otherwise meets the following qualifications: (1) is at least 18 Years old; (2) has been trained
in the performance of the tasks to be assigned; and (3) has been educated with regard to
safety hazards.
FIREWORKS
Any composition or device for the purpose of producing a visible or an audible effect for
entertainment purposes by combustion, defla rg ation, or detonation that meets the definition
of Consumer Fireworks or Display Fireworks as set forth in NFPA 1123 and NFPA 1126.
This definition expressly excludes "Sparkling Devices", as defined in Section 270.00 of the
NYS Penal Law.
CERTIFIED OPERATOR
A person who is certified as a Pyrotechnician through the NYS Department of Labor.
PERMIT
A permit issued by the Re Brook Building Department, with permission of the Board of
Trustees, for the public display and discharge of fireworks and/or pyrotechnics in
accordance with the requirements set forth by this chapter.
PYROTECHNICIAN
An individual who performs any tasks on a p�%rotechnic or fireworks display, including
setting up the equipment, fireworks, or pyrotechnics, loading mortars loader), spotting
bursting locations (spotter, tending a ready box (ready box tender), igniting the fireworks
(shooter, striking the equipment, or cleaning the site.
PYROTECHNICS
Controlled exothermic chemical reactions that are timed to create the effects of heat, gas,
sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a
combination of these effects to provide the maximum effect from the least volume.
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SPONSOR
Any person or entity applying for a Permit issued pursuant to this chapter.
127-3 General restrictions; permit required.
A. It is hereby unlawful to fire or discharge Fireworks or Pyrotechnics indoors or to
conduct an indoor Fireworks of Pyrotechnics displays in the Village of Rye Brook.
B. No Fireworks or Pyrotechnics display may be conducted in the Village of Rye Brook
on a property containing one or more residential dwellings as its principal use.
C. No outdoor Fireworks of Pyrotechnics display shall take place in the Village of Rye
Brook unless the Sponsor has been granted a Permit issued pursuant to this chapter.
D. A Permit issued pursuant to this chapter shall not be transferable under any
circumstance. Any attempt to transfer such Permit shall render the Permit null and
void.
S 127-4 Application procedures.
A. A Sponsor seeking a Permit pursuant to this chapter shall submit an application to
the Building Inspector upon a form prescribed by the Village. Said application shall
include:
the name of the Sponsor;
the names of the Certified Operator(s) and Authorized Assistant(s) to be in
charge of the display;
a verified statement from the Sponsor identifying the Certified Operators who are
authorized to conduct the display, including their certificate numbers, and stating
that such individuals possess a valid certification as a Pyrotechnician;
the date and time of day at which the display is to be held;
the location planned for the display;
the number and kind of Fireworks or Pyrotechnics to be discharged;
the manner and place of storage of such Fireworks or Pyrotechnics prior to the
dis la T;
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a diagram of the grounds on which the display- is to be held showing the point at
which the Fireworks or Pyrotechnics are to be discharged, the location of all
buildings, structures, highways and above-ground utilities, the lines behind which
the audience will be restrained and the location of all nearby trees or other
overhead obstructions; and
44 such other information as the Board of Trustees or the Building Inspector deems
necessary.
An electronic copy of all submitted materials in a format acceptable to the
Building Inspector
B. All applications seeking a Permit pursuant to this chapter must be submitted to the
Building Inspector for a determination of completeness. If Building Inspector deems
the application complete, he shall forward same to the Board of Trustees for review
and consideration.
C. The Board of Trustees shall review all applications pursuant to this chapter at a
regular meeting of the Board. Upon conducting such review, the Board of Trustees
shall decide, upon a majority vote, whether the proposed display, is likely- to create an
unreasonable risk of danger to the public health, safety or welfare or an unreasonable
nuisance to the Village or its residents. If the Board of Trustees approves an
application, it shall be sent back to the Building Inspector immediately for further
review and consideration in accordance with subsection D. below.
D. Building Inspector Approval.
Upon receipt of an application approved by the Board of Trustees, the Building
Inspector shall conduct a pre-display site visit attended by the Rye Brook Fire
Chief, Chief of Police and representatives for the Sponsor, Certified Operator and
property owner. The purpose of the site visit shall be to inspect the location of
the proposed display; identify potential safety issues determine the specific
locations for the display, staging area, viewing distance, in accordance with
127-5, and viewing areae. Said site visit shall be conducted within two (2�
weeks after the Board of Trustees' approval of the application unless extenuating
circumstances require additional time for the inspection to be conducted.
If, following the pre-display site visit, the Building Inspector is satisfied that the
proposed display will not create an unreasonable risk of danger to the public
health, safety or welfare or an unreasonable nuisance to the Village or its
residents, he shall issue a Permit for the proposed display. Such Permit may be
issued upon such reasonable conditions and restrictions as the Building Inspector
deems necessary or prudent under the circumstances.
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E. Bond or insurance.
Before issuance of a Permit pursuant to this chapter, the Sponsor shall post a
bond, in an amount determined bl: the Building Inspector, but which shall not
be less than $1,000,000, conditioned for the payment of all damages which
may be caused to a person or to the property of a person or legal entityby
reason of the display permitted and arising from ani acts or omissions of the
Sponsor, Operator, or ani agent, employ, contractor, or subcontractor
thereof. A certificate evidencing purchase of the bond shall be provided to
the Building Inspector prior to the date of an3proposed display
(2) The Building Inspector mai accept, in lieu of such bond, an indemnity
insurance policy with liability coverage and indemnity protection equivalent to
the terms and conditions upon which such bond would be predicated and for
the purposes provided in this section. Such indemnity insurance policy shall
name the Village of Rye Brook, and its agents, officers, directors and
employees, as an additional insured by separate endorsement. A certificate
evidencing the purchase of the policy shall be submitted to the Building
Inspector prior to the date of any proposed display.
F. Denial of an application for a Permit shall be in writing, addressed to the Sponsor.
G. There shall be a nonrefundable fee for submission of an application pursuant to this
chapter in an amount determined by the Board of Trustees and set forth in the
Village fee schedule.
127-5 Viewing distance.
The Building Inspector, in consultation with the Certified Operator, Fire Chief and Chief of
Police, shall establish the minimum safe viewing distance from which viewers of the display
can observe the display without risk of harm or in,juryperimeter shall be established for
this purpose, which onlythe Certified Operator, its Authorized Assistants, Building
Inspector and members of the Fire Department or Police Department may cross prior to
and during the display.
127-6 Revocation of permit.
The Building Inspector may deny or revoke .a Permit issued pursuant to this chapter if (sem
discovers that the Sponsor has provided intentionally misleading or false information in the
application materials or that the Sponsor or Operator have otherwise violated any provision
of this chapter.
127-7 Additional requirements.
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A. All displays for which a Permit has been issued shall be conducted in full compliance
with NFPA 1123 or NFPA 1126, or both, if applicable, and with the terms of a the
Permit granted by the Building Inspector.
B. All debris resulting from the display shall be collected and properly disposed of by
the Certified Operator within 24 hours after conclusion of a display
C. The Village reserves the right to have representatives of the Building Department,
Fire Department or Police Department attend an-y display for which a Permit has
been issued.
D. The Sponsor and Certified Operator shall have copies all Permits available and ready
for inspection on site before and during execution of the display
127-5 Penalties for offenses.
A. Violation of this chapter shall subject the offending�person or entity to the penalties
of Article 270 of the New York State Penal Law and Section 405.05 of the New York.
State Penal Law concerning seizure of Fireworks.
B. Notwithstanding any State penal law violation, a violation of this chapter shall
constitute a separate violation of the Code of the Village of Rye Brook, unishable by
a fine of $250 per offense and revocation of any Permit issued pursuant to this
chapter. Conviction for a violation of this chapter may also be considered in
determining whether future Permit under this chapter should be granted to the same
Sponsor and/or Certified Operator.
C. The Building Inspector and Assistant Building Inspector, in addition to any other
persons or agencies authorized under state law, shall have authority to enforce the
provisions of this chapter and issue appearance tickets and summonses for violations
hereof.
D. The violations and penalties prescribed under this section shall be in addition to any
charges and penalties prescribed under state law.
127-9 Severability.
If any section, subsection, aragraph, or clause of this chapter is declared invalid by a court
of competent Jurisdiction, such finding shall have no effect on the remaining provisions of
this chapter or their enforceability
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S 127-10 Conflict with state law.
If any section, subsection, paraaraph, or clause of this chapter is in conflict with any State
law or regulation, the State law or regulation shall control.
SECTION 4. This local law shall take effect immediately upon filing with the Office of the
New York Secretary of State.
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August 18, 2015 R - 4
RESOLUTION
SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER
126 AND TO ADOPT CHAPTER 127 OF THE VILLAGE OF RYE BROOK
CODE CONCERNING FIREARMS, FIREWORKS AND PYROTECHNICS
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law to
amend Chapter 126 and adopt Chapter 127 of the Rye Brook Code; and
WHEREAS, the proposed local law will amend Chapter 126 of the Rye Brook Code
by updating the provisions governing the carrying and use of firearms and the practice of
hunting in the Village of Rye Brook and, further, will update and relocate the provisions
governing permits for fireworks and pyrotechnics displays (proposed Chapter 127).
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold
a public hearing on September 8, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rye
Brook, New York, to consider the proposed local law; and
BE IT FURTHER RESOLVED, that the Board of Trustees directs that notice of
the public hearing be published in accordance with all applicable laws.
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BR
O WCV VV�J�
19t}2
VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914) 939-1121 Fax(914) 939-0242 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES
Susan R. Epstein
David M. Heiser
Jason A. Klein
Jeffrey B. Rednick
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall
hold a public hearing on Tuesday, September 8, 2015 at 7:30pm, at Village Hall, 938 King
Street, Rye Brook, New York to consider a local law to amend Chapter 126 and adopt Chapter
127 of the Code of the Village of Rye Brook governing firearms and fireworks.
Christopher J. Bradbury
Village of Rye Brook, New York
September 8, 2015 R - 2
RESOLUTION
APPROVING A LOCAL LAW CONCERNING ZONING FOR PROFESSIONAL
OFFICES IN THE VILLAGE OF RYE BROOK
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law
to expand the area for Professional Office uses into certain portions of the R-2F and R-15A
Zoning Districts in the Village of Rye Brook; and
WHEREAS, on May 12, 2015, the Board of Trustees determined the proposed
action to be an Unlisted Action pursuant to the State Environmental Quality Review Act
(SEQRA); and
WHEREAS, on May 12, 2015, the Board of Trustees referred the proposed local law
to the Rye Brook Planning Board for review and for a report and recommendation thereon;
and
WHEREAS, on July 9, 2015, the Planning Board approved the submission of a
report and recommendation to the Board of Trustees in favor of the proposed local law; and
WHEREAS, the proposed local law was referred to the Westchester County
Planning Board on August 5, 2015 in accordance with Section 239-m of the General
Municipal Law and the County Administrative Code;
WHEREAS, the proposed local law was referred to the Town of Port Chester and
Port Chester-Rye Union Free School District on August 5, 2015 in accordance with Section
239-nn of the General Municipal Law and the County Administrative Code; and
WHEREAS, the County responded that it has no comments on the local by letter
dated August 17, 2015; and
WHEREAS, the School District responded in favor of the proposed local law by
correspondence dated August 18, 2015; and
WHEREAS, a duly noticed public hearing was held before the Board of Trustees on
September 10, 2015, at which time all persons wishing to speak concerning the proposed
local law were given such opportunity; and
WHEREAS, the Board of Trustees then closed the public hearing on September 10,
2015.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board
of Trustees, after taking the requisite "hard look" in accordance with Article 8 of the State
Environmental Conservation Law and 6 NYCRR Part 617, hereby adopts the annexed
Negative Declaration; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the
annexed local law amending Sections 250-25.D(1) and 250-20.1.D of the Rye Brook Zoning
Ordinance to allow Professional Office uses in the portions of the R-2F and R-15A Zoning
Districts specified therein, and further, directs that said local law be filed with the Office of
the New York Secretary of State.
LOCAL LAW AMENDING
CHAPTER 250 OF THE VILLAGE CODE
A LOCAL LAW to amend Chapter
250 of the Code of the Village of
Rye Brook regarding Professional
Offices.
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
Section 1. Chapter 250, Section 25, Subsection D, Item 1 of the Code of the Village of Rye
Brook is hereby amended as follows:
D. Uses permitted at discretion of the Planning Board pursuant to the procedure
specified in Article IV, X250-6H(1):
(1) Professional office space for use as offices where business is conducted or
services are provided by persons who are members of a learned profession or
require a high degree of training and proficiency or professional certification,
including but not limited to physicians, surgeons, dentists, attorneys,
architects, accountants, insurance agents s appraisers,
engineers, surveyors,ors, stockbrokers, financial advisors, real estate and mortgage
brokers and planners, so long as no goods or merchandise are manufactured,
sold or exchanged, and who are not residents of the premises in dwellings on
the northerly and southerly side of Bowman Avenue between South Ridge
Street and the Port Chester Village boundary line, and in dwellings on the
northerly and southerly side of Westchester Avenue between North Ridge
Street and the Port Chester Village boundary line, and in dwellings on the
easterly side of South Ridge Street between Westchester Avenue and Bowman
Avenue, presently zoned R2-F, provided that there shall not be more than two
such professional persons occupying anyone dwelling, and provided further
that there shall be no hospital facilities in connection therewith in any case.
(a) Off-street parking space shall be provided for at least three cars for
each office or suite of offices of a given tenancy or one car for every 300
square feet of floor area used for such office purposes, whichever is greater,
and the public entrance to such professional office and parking for such office
shall be from Bowman Avenue.-ef Westchester Avenue or South Ridge Street
only.
(b) Sib s, for the professional occupying the space, shall not exceed two
square feet in area, identifying a professional office.
(c) New structures and additions, renovations or modifications to existing
structures in which a professional office is located shall be designed to retain
the residential appearance of the building to preserve the existing residential
character of the neighborhood.
Section 2. Chapter 250, Section 20.1, Subsection D of the Code of the Village of Rye
Brook is hereby amended as follows:
D. Uses permitted at discretion of the Planning Board pursuant to the procedure specified
in Article IV, §250-6H(1): the sftffie fts n the R 25 Dis"iet.
(i) The same as in the R-25 District.
(ii) Professional office space for use as offices where business is conducted or
services are provided by persons who are members of a learned profession or require
a high degree of training and proficiency or professional certification, including but
not limited to physicians, surgeons, dentists, attorneys, architects, accountants,
insurance agents or similar professions appraisers, engineers, surveyors, stockbrokers,
financial advisors, real estate and mortgage brokers and planners, so longas s no goods
or merchandise are manufactured, sold or exchanged, and who are not residents of
the premises,, in the dwelling located at the southerly end of Hawthorne Avenue on
the east side thereof where Hawthorne Avenue intersects Westchester Avenue,
presendy identified on the Town of Rye Tax Map as Section 135.84, Block 1, Lot 4
and presently-zoned R-15A,provided that there shall not be more than two such
professional persons occupying any one dwelling, and provided further that there
shall be no hospital facilities in connection therewith in any case.
(a) Off-street parking space shall be provided for at least three cars for
each office or suite of offices of a given tenancy or one car for every, 300
square feet of floor area used for such office purposes, whichever is a eater,
and the public entrance to such professional office and parking for such office
shall be from Westchester Avenue or Hawthorne Avenue only.
(b) Sims, for the professional occupying the space, shall not exceed two
square feet in area, identifying a professional office.
(c) New structures and additions, renovations or modifications to existing
structures in which a professional office is located shall be designed to retain
the residential appearance of the building to preserve the existing residential
character of the neighborhood.
Section 3. Severability. If any clause, sentence, paragraph, section, article or part of this
Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been rendered, and such
invalidity shall not be deemed to affect the remaining portions thereof.
Section 4. This local law shall take effect immediately upon filing with the Office of the
Secretary of State.
July 9, 2015 APPROVED 5-0
RESOLUTION
AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO
THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW EXPANDING
THE PERMISSIBLE LOCATIONS IN THE VILLAGE OF RYE BROOK FOR
PROFESSIONAL OFFICES USES
BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the
attached Report and Recommendation to the Rye Brook Board of Trustees on proposed
local law expanding the permissible locations in the Village of Rye Brook for
Professional Office Uses.
On motion by Amy Schoen, seconded by Robert Goodman, Mr. Michael Nowak,
Superintendent of Public Works, called the roll:
APPROVING THE REFERRAL RESOLUTION:
Ayes: Accurso, Goodman, Grzan, Schoen, Zuckerman
Nays:
Abstain:
Excused: Morlino, Tartaglia
REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING
BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON A LOCAL LAW
EXPANDING THE PERMISSIBLE LOCATIONS IN THE VILLAGE OF RYE
BROOK FOR PROFESSIONAL OFFICES USES
I. APPLICATION OVERVIEW
The Rye Brook Board of Trustees is currently considering a local law which
would amend Chapter 250 of the Village Zoning Ordinance to expand the permissible
locations in the Village for Professional Offices Uses. Specifically, these uses would be
allowed on the easterly side of South Ridge Street between Westchester Avenue and
Bowman Avenue and on one lot in the R-15A Zoning District on the north side of
Westchester Avenue at the northeast corner of the intersection with Hawthorne Avenue.
At present, these uses are limited to lots within the R-2F District on the north and south
sides of Bowman Avenue and Westchester Avenue between South Ridge Street and the
Port Chester boundary line.
On May 12, 2015, the Board of Trustees referred the local law to the Planning
Board for consideration and a report and recommendation thereon pursuant to Section
250-14.B. of the Village Code.
II. DISCUSSION
The Planning Board discussed the local law at its meetings on June 11, 2015 and
July 9, 2015, during which Village consultants and staff also provided input.
The Planning Board feels the law recognizes a situation which has already become
the reality in this area of the Village where professional offices are common in residential
buildings. Expanding the locations where such uses can exist legally will benefit the
Village by encouraging local professional businesses.
The Planning Board is concerned, however, over the language that has been
carried over from the pre-existing code provisions concerning Professional Office Uses.
Specifically, the Planning Board feels that the restriction which limits the size of
Professional Offices Uses to not more than "two such professional persons occupying any
one dwelling" is ambiguous and may unduly limit the size of these uses. The Board
observed that many job functions which were traditionally considered non-professional,
such as nurses and assistants, may now be considered professions. The Board also feels
the intent of this provision is unclear in terms of whether it is meant to restrict the number
of"professionals" per business or the total number of persons working on the premises.
Thus, limiting a Professional Office Use to "two professional persons" may be an
outdated method of calculating the size of such a use and may be unduly restrictive.
Therefore, the Planning Board recommends that the Board of Trustees explore
alternative methods for calculating the permitted size of a given Professional Office Use.
One possibility is to base the permissible size of the use on the square footage of the
space that will be occupied in concert with the availability of required on-site parking.
This method is employed elsewhere in the Village Code and, therefore, it would be
logical to carry it over to these provisions as well.
-2-
III. CONCLUSION AND RECOMMENDATION
Based on the foregoing, the Planning Board finds that the local law will result in
an appropriate change in the Village's zoning regulations. Therefore, the Planning Board
recommends to the Board of Trustees that it approve the local law and, also, that it
consider further Code amendments consistent with the recommendations in this report.
Dated: Rye Brook, New York
July 9, 2015
On motion by Amy Schoen, seconded by Robert Goodman Mr. Michael Nowak,
Superintendent of Public Works, called the roll:
APPROVED AT THE JULY 9, 2015 MEETING OF THE RYE BROOK PLANNING
BOARD BY A VOTE OF 5- to -0
ACCEPTING THE REPORT AND RECOMMENDATION:
Ayes: Accurso, Goodman, Grzan, Schoen, Zuckerman
Nays:
Abstain:
Excused: Morlino, Tartaglia
-3-
Westchester" Referral Review
govcom Pursuant to Section 239 L.M and N of the General Municipal Law and
Section 277.61 of the County Administrative Code
Robert P.Astorino
County Executive
County Planning Board
August 17, 2015
Marilyn Timpone-Mohamed, Consulting Planner
Frederick P. Clark Associates
Rye Brook Village Hall
938 King Street
Rye Brook, NY 10573-1226
Subject: Referral File No, RYB 15-003—Zoning Text Amendment
Professional Office Locations
Dear Ms. Timpone-Mohamed:
The Westchester County Planning Board has received a copy of a proposed local law which would
amend the text of the Village Zoning Ordinance. The proposed amendment would expand the
permissible locations for professional offices of individuals which are not home occupations, The
permissible locations would be expanded to include the easterly side of South Ridge Street between
Westchester Avenue and Bowman Avenue in the R2-F District and the R-15A District, the last lot
located at the southerly side of Hawthorne Avenue and the northerly side of Westchester Avenue.
We have reviewed the proposed zoning amendments under the provisions of Section 239 L, M and N of
the General Municipal Law and Section 277.61 of the County Administrative Code, As there are no
County or intermunicipal planning issues of concern to the County Planning Board, this action is a
matter for local determination in accordance with your community's planning and zoning policies.
Thank you for the opportunity to comment on this matter.
Respectfully,
WESTCHESTER COUNTY PLANNING BOARD
Vy:
Edward Buroughs, AICP
Commissioner
EEB/KE
132 Nlichachan Office Building
I I$Alartine A%Tnue
VA'lutc Plains,NeAA York 10601 Telephone-, (9 11)99"-) 1 too VN'ebaite: w"tchc.stergov,coni
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 -Project and Sponsor Information
Name of Action or Project:
Expansion of Permissible Locations for Professional Office Uses
Project Location(describe, and attach a location map):
Easterly side of South Ridge Street between Westchester and Bowman Avenues and the easterly side of the south end of Hawthorne Avenue
Brief Description of Proposed Action:
Amendment of the R2-F District and the R-15A District regulations to allow professional offices,other than those that are defined as Home
Occupations in Section 2, Definitions in Chapter 250 of the Village of Rye Brook Code on residential properties located on the easterly side of
South Ridge Street between Westchester Avenue and Bowman Avenue and on the last lot located at the southerly end of Hawthorne Avenue
and the northeast corner of the intersection of Hawthorne Avenue and Bowman Avenue.
Name of Applicant or Sponsor: Telephone: (914)939-1121
Village of Rye Brook Board of Trustees E-Mail:
cbradbury@ryebrook.org
Address:
Rye Brook Village Hall,938 King Street
City/PO: State: Zip Code:
Rye Brook New York 10573
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑✓
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑ ❑
3.a. Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed.' acres
c. Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural (non-agriculture) [—]Industrial ❑Commercial ❑Residential (suburban)
❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑ ❑
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes, identify: ❑ ❑
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
❑ F-1-
b.
b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑
9.Does the proposed action meet or exceed the state energy code requirements'? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ❑ ❑
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑ ❑
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? ❑ ❑
b. Is the proposed action located in an archeological sensitive area? ❑ ❑
13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? ❑ ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline El Forest ❑Agricultural/grasslands El Early mid-successional
❑ Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? ❑ ❑
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, ❑ ❑
a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES
b.Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)?
If Yes,briefly describe: NO ❑YES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g. retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: ❑ ❑
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: ❑ F-1
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Village of Rye Brook Board of Trustees Date: June 16,2015
Signature: Paul S. Rosenberg, Mayor
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? ❑
3. Will the proposed action impair the character or quality of the existing community? ❑
4. Will the proposed action have an impact on the environmental characteristics that caused the ❑
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or ❑
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate 1:1reasonably available energy conservation or renewable energy opportunities?
71 7. Will the proposed action impact existing: ❑✓ ❑
a. public/private water supplies?
b. public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, Elwaterbodies,groundwater,air quality, flora and fauna)?
Page 3 of 4
No,or Moderate
small to large
impact impact
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage 1:1problems?
IZI
11. Will the proposed action create a hazard to environmental resources or human health? ❑✓
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency detennined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and
cumulative impacts.
See Attachment B-"Reasons Supporting This Determination"
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Village of Rye Brook Board of Trustees September 8,2015
Name of Lead Agency Date
Paul S. Rosenberg Mayor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Marilyn Timpone-Mohamed, F.P.Clark Assoc.,Village Planner
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT Page 4 of
Short Environmental Assessment Form Part 1, June 16, 2015
Question 1, Attachment A
Amendments to the Rye Brook Village Code Regarding
Permissible Locations for Professional Office Uses
The Proposed Action will amend Section 25, R2-F Two-family Residential District,
Subsection D, Item 1, and Section 20.1, R-15A One-Family Residential District,
Subsection D of Chapter 250, Zoning of the Code of the Village of Rye Brook regarding
the permissible locations for professional offices that are not home occupations as
defined in Section 2, Definitions of Chapter 250 of the Rye Brook Code. Currently, the
permissible locations for professional offices are the northerly and southerly sides of
Bowman Avenue between South Ridge Street and the Port Chester Village boundary
line, and the northerly and southerly sides of Westchester Avenue between North Ridge
Street and the Port Chester Village boundary line.
The proposed amendments would expand the permissible locations for professional
offices to include the easterly side of South Ridge Street between Westchester Avenue
and Bowman Avenue in the R2-F District, and in the R-15A District, the last lot located
on the southerly end of Hawthorne Avenue on the east side thereof, where Hawthorne
Avenue intersects Westchester Avenue, presently identified on the Town of Rye Tax
Map as Section 135.84, Block 1, Lot 4.
The intent of the Proposed Action is to promote a flexible range of uses in the
referenced areas of Rye Brook and facilitate professional office uses in residential
buildings, while retaining the existing residential character along three roads in the R2-F
District and one lot in the R-15A District that fronts on Westchester Avenue. The
expansion areas are adjacent to existing office/business districts and existing
permissible locations for professional offices in Rye Brook's "downtown," and the
proposed expansion of professional office use is recommended in the recently adopted
2014 Village of Rye Brook Comprehensive Plan.
Westchester Avenue and Bowman Avenue are lined with existing mixed-use
residential/office buildings from Ridge Street to the Port Chester municipal line. Adding
the seven lots on the east side of Ridge Street and one R-15A lot located at the
southerly end of Hawthorne Avenue at Westchester Avenue to the permissible office
locations is a natural and logical extension of the existing Westchester/Bowman Avenue
professional office locations. The Proposed Action also responds to the continuing
demand for smaller, alternative office venues close to other office uses, retail uses and
public transportation in Rye Brook.
The proposed amendments include specific language requiring that new structures, and
additions, renovations and modifications to existing residential structures be designed to
preserve the existing residential character of the surrounding neighborhood and retain
1
Short Environmental Assessment Form, Part 1, June 16, 2015—ATTACHMENT A, QUESTION 1
the residential appearance of residential buildings modified to accommodate office
uses. The proposed text amendments do not include any revisions to existing
dimensional or other requirements regarding professional offices in the sections of the
Code to be amended. A special permit will continue to be required to locate a
professional office in a residential building in the permissible locations.
The addition of professional offices to residential areas may affect the environmental
resources of the Village. The addition of professional office uses to new or renovated,
existing residential buildings may increase vehicular traffic and parking demand in the
immediate areas surrounding the new permissible locations.
2
Short Environmental Assessment Form Part 3, September 8, 2015
Negative Declaration, Attachment B
Reasons Supporting This Determination
Amendments to the Rye Brook Village Code Regarding
Permissible Locations for Professional Office Uses
------------------------------------------------------------------------------------
Description of the Proposed Action
The Proposed Action will amend Section 25, R2-F Two-family Residential District,
Subsection D, Item 1, and Section 20.1, R-15A One-Family Residential District,
Subsection D of Chapter 250, Zoning of the Code of the Village of Rye Brook regarding
the permissible locations for professional offices that are not home occupations as
defined in Section 2, Definitions of Chapter 250 of the Rye Brook Code. Currently, the
permissible locations for professional offices are the northerly and southerly sides of
Bowman Avenue between South Ridge Street and the Port Chester Village boundary
line, and the northerly and southerly sides of Westchester Avenue between North Ridge
Street and the Port Chester Village boundary line.
The proposed amendments would expand the permissible locations for professional
offices to include the small number of lots on the easterly side of South Ridge Street
between Westchester Avenue and Bowman Avenue in the R2-F District, and in the R-
15A District, the last lot located on the southerly end of Hawthorne Avenue on the east
side thereof, where Hawthorne Avenue intersects Westchester Avenue, presently
identified on the Town of Rye Tax Map as Section 135.84, Block 1, Lot 4.
The intent of the Proposed Action is to promote a flexible range of uses in the
referenced areas of Rye Brook and facilitate professional office uses in a limited number
of residential buildings, while retaining the existing residential character along three
roads in the R2-F District and one lot in the R-15A District that fronts on Westchester
Avenue. The expansion areas are adjacent to existing office/business districts and
existing permissible locations for professional offices in the R2-F District of Rye Brook's
"downtown." The proposed expansion of professional office use is recommended in the
recently adopted 2014 Village of Rye Brook Comprehensive Plan.
Westchester Avenue and Bowman Avenue are lined with existing mixed-use
residential/office buildings from Ridge Street to the Port Chester municipal line. Adding
the seven lots on the east side of Ridge Street and one R-15A lot located at the
southerly end of Hawthorne Avenue at Westchester Avenue to the permissible office
locations is a limited logical and natural extension of the existing Westchester/Bowman
Avenue professional office locations. The Proposed Action also responds to the
continuing demand for smaller, alternative office venues close to other office uses, retail
uses and public transportation in Rye Brook.
1
Short Environmental Assessment Form, Part 3, September 8, 2015—ATTACHMENT B
The proposed amendments include specific language requiring that new structures, and
additions, renovations and modifications to existing residential structures be designed to
preserve the existing residential character of the surrounding neighborhood and retain
the residential appearance of buildings modified to accommodate office uses. The
proposed text amendments do not include any revisions to existing dimensional or other
requirements regarding professional offices in the sections of the Code to be amended.
A special permit and site plan approval will continue to be required to locate a
professional office in a residential building in all the permissible locations.
Potential and Significance of Impacts
Part 1 and Attachment A of the EAF, and completion of Part 2 of the EAF demonstrate
that there are no potential significant impacts from the Proposed Action with respect to:
1. Conflict with the Rye Brook Comprehensive Plan and zoning;
2. Change in allowable uses or the intensity of uses in the districts affected;
3. Impairment of the character or quality of the neighborhood;
4. Impacts to the environmental characteristics of a Critical Environmental Area;
5. Causing an increase in the use of energy;
6. Impacts to public water supplies or waste water treatment utilities;
7. Impairment of the character or quality of important historic, archeological,
architectural or aesthetic resources;
8. Adverse changes to natural resources, including wetlands, waterbodies,
groundwater, air quality, flora or fauna;
9. Increasing the potential for erosion, flooding, or drainage problems; or
10.Creation of a hazard to environmental resources or human health.
The limited number of properties affected by the zoning amendments are all developed
and located in a fully developed neighborhood with residential and limited office uses.
The expansion of professional offices in the area is recommended by the Rye Brook
Comprehensive Plan. Professional office use by special permit is already allowed on
lots in the R2-F district, and the property located in the R-15A district fronts on
Westchester Avenue where professional office uses are already allowed and exist. For
the most part, new professional offices will be added to a limited number of existing
residential buildings that will be partly repurposed to accommodate the allowable office
uses as defined in the Village Code. These buildings already use energy and water
supplies, and create solid and liquid waste that is handled by local utilities. None of the
buildings on the affected lots contain historic, archeological, architectural or aesthetic
resources, are located in a Critical Environmental Area, or contain wetlands,
waterbodies, usable groundwater, or significant flora or fauna. Any new or modified
buildings on the affected lots will be required to comply with the regulations for
stormwater management and erosion control in the Village Code. The amendments do
not allow uses that create hazards to environmental resources or human health.
2
Short Environmental Assessment Form, Part 3, September 8, 2015—ATTACHMENT B
The amendments include specific language requiring new buildings, and additions,
renovations and modifications to existing buildings to be designed and built to create or
retain a residential appearance to preserve the existing residential character of the
neighborhood.
However, the addition of professional office uses in new buildings or renovated existing
residential buildings may increase vehicular traffic and parking demand in the
immediate areas where the buildings are located. Part 1 and Attachment A of the EAF,
and completion of Part 2 of the EAF demonstrate that there may be small potential
impacts with respect to traffic and parking demand as follows:
1. Traffic. The addition of professional office uses to a limited number of existing or
new residential buildings may affect traffic generally in the surrounding area.
There may be small increases in traffic during business hours. However, limits
on the number and types of professionals allowed in professional offices in the
districts affected, which already exist in the Village Code, will limit the increase
in traffic. The proximity of public transportation may reduce the number of new
vehicle trips generated by the office uses. Residential traffic will remain
generally the same because the properties are already developed; or residential
traffic may decrease as a limited number of residential units are converted to
professional office uses in the expanded locations.
2. Parking. As residential uses are converted to office uses, there may be small
increases in parking demand during business hours; however, the office
generated increases in parking demand will occur when residential parking
demand is reduced, allowing for shared parking spaces on a property. The
Village Code already requires that properties granted special permits for the
addition of professional offices must be large enough to accommodate all the
off-street parking demand of the residential and professional office uses on the
property and undergo site plan review. Limits on the number and types of
professionals allowed in professional offices in the districts affected, which
already exist in the Village Code will also help limit parking demand increases,
and the proximity of public transportation may reduce the parking demand
generated by the offices. Residential parking demand will remain generally the
same because the properties are already developed, or it may decrease as a
limited number of residential units are converted to professional office uses.
3
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VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914) 939-1121 Fax(914) 939-0242 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES
Susan R. Epstein
David M. Heiser
Jason A. Klein
Jeffrey B. Rednick
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall
hold a public hearing on Tuesday, September 8, 2015 at 7:30pm, at Village Hall, 938 King
Street, Rye Brook, New York to consider a local law to amend Chapter 250 of the Code of the
Village of Rye Brook regarding Professional Offices .
Christopher J. Bradbury
Village of Rye Brook, New York
September 8, 2015 R—3
RESOLUTION
CONSIDERING A VILLAGE CONTRIBUTION TO THE
COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF
HAWTHORNE AVENUE FOR THE ANNUAL PARADE
WHEREAS, the Village of Rye Brook Board of Trustees supports the annual
Columbus Day Parade sponsored by the Columbus Day Celebration Committee
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook.
Board of Trustees hereby approves that $800.00 be provided to the Columbus Day
Celebration Committee for its annual Columbus Day Parade; and be it
FURTHER RESOLVED, that the Columbus Day Celebration Committee
may use Hawthorne Avenue on Sunday, October 11, 2015 (rain date October 18, 2015)
for the Columbus Day Parade in compliance with the terms and/or conditions
established by the Village of Rye Brook Police Department.
Columbus Day celebratim committee
��7a��� P.O. Box 1o48
Port Chester NY io573
Foundedjqo6
Edward T. Sexton Toni Ganim
General Chairman Vice Chairman
July 27, 2015
Honorable Paul S. Rosenberg &
Board of Trustees
Village of Rye Brook
938 King Street
Rye Brook, New York 10573
Re: 2015 Columbus Day Parade
Dear Mayor Rosenberg& Board Members:
The Columbus Day Celebration Committee held their first meeting in preparation
for this year's parade and festivities. Our biggest challenge this year is to raise
money to cover the cost for the bands and expenses for the parade, which is
scheduled for Sunday, October 11, 2015 (Rain Date October 18, 2015).
The Committee appreciates the generosity from the Village of Rye Brook for their
donations in the past years. Once again we come to you requesting your financial
assistance for this year's parade and hope you will be able to increase your
donation.
Thank you in also advance for your favorable response.
Very truly yours,
D OVE
Edward T. Sexton JUL 2 8 2015
Chairman
VILLAGE CLERK'S OFFICE
CoCumbus Day CeCebration Committee
P.O. Box 1048
Port Chester JVY i o573
Foundediqo6
Edward T. Sexton Toni Ganim
General Chairman Vice Chairman
July 27, 2015
Dear Board Of Trustees,
The Columbus Day Parade Committee wants to extend a warm welcome to
you, as we are proud to invite you to be part of our parade celebration in Port
Chester and Rye Brook on Sunday, October 11, 2015 (Rain Date October 18,
2015) to honor Christopher Columbus.
Once again as in the past, we would like to ask for permission for the use of
Westchester and Hawthorne Avenues to serve as our gathering place. These roads
would need to be blocked off from 12:30 PM until 3:00 PM when the parade takes
place.
Thanking you in advance, we hope to see you at our Columbus Day Parade
on the 11 th of October.
Very truly yours,
'16
Edward T. Sexton
Chairman
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VILLAGE CLERK'S OFFICE
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VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914) 939-1121 Fax(914) 939-0242 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES
Susan R. Epstein
David M. Heiser
Jason A. Klein
Jeffrey B. Rednick
August 19, 2015
Mr. Edward T. Sexton
Columbus Day Celebration Committee
PO Box 1048
Port Chester, NY 10573
Re: 2015 Columbus Day Parade
Dear Mr. Sexton;
The Village received your request for funding for the 2015 Columbus Day Parade as well
as your request for the use of Village streets for the event.
The request was on the Board of Trustee's agenda for Tuesday, August 18, 2015
however, there were no representatives from the Columbus Day Celebration Committee
present at the meeting. The Board adjourned this discussion to the meeting of Tuesday,
September 8, 2015 and will discuss and consider this request only if a representative is
present at the meeting to participate in the discussion and answer any questions that the
Board has related to the event and the funding.
The meeting will begin at 7:30pm at Village Hall, 938 King Street. Please let me know
the name of the Committee representative who will attend the meeting. Likewise, if no
one is able to attend,please let me know that as soon as possible, as well.
My direct number is 914-939-0077,please feel free to call me with the requested
information at your earliest convenience.
Sincerely,
Sarah E. Bledsoe
Assistant to the Administrator
September 8, 2015 R—4
RESOLUTION
CANCELLING A PUBLIC HEARING
ON A PROCEEDING PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW
TO CONDEMN REAL PROPERTY
LOCATED AT 528 ELLENDALE AVENUE
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Village of Rye Brook Board of Trustees (the "Board of Trustees")
commenced a proceeding pursuant to the Eminent Domain Procedure Law ("EDPL") to
condemn privately-owned real property located at 528 Ellendale Avenue in the Village of
Rye Brook for use in connection with the Village of Rye Brook's existing Highway Garage,
said premises being described as Section 141.35, Block 2, Lot 38 on the Town of Rye Tax
Map ("Property"); and
WHEREAS, pursuant to Section 201 of the EDPL, the Village of Rye Brook (the
"Village") scheduled a public hearing concerning this proceeding, which public hearing was
adjourned to September 22, 2015 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,
New York 10573; and
WHEREAS, subsequent to the scheduling of the public hearing, the Village and the
owners of said Property have entered into an agreement pursuant to which the property will
be conveyed to the Village; and
WHEREAS, as a result of that agreement, the proceeding pursuant to the EDPL
referenced above no longer is necessary.
NOW, THEREFORE, BE IT RESOLVED, that the public hearing adjourned to
September 22, 2015 at 7:30 p.m. is cancelled and the proceeding withdrawn .
September 8,2015 R—5
RESOLUTION
ACCEPTING A DONATION OF A GENERATOR
WHEREAS,Paul and Debbie Rosenberg have a Coleman Power-mate
Premium Plus portable electric generator that they wish to donate to the Village for
use in the instances of power outages and/or emergencies;and
NOW,THEREFORE BE IT RESOLVED,that the Village of Rye Brook
hereby accepts the donation of the generator from Paul and Debbie Rosenberg.
September 8,2015 R—8
RESOLUTION
CONSIDERING REJECTING THE BIDS FOR
CONTRACT#15-15 PINE RIDGE BASKETBALL RESURFACING PROJECT
WHEREAS,The Village of Rye Brook has solicited bids for Contract#15-15;
Pine Ridge Basketball Court Resurfacing Project;and
WHEREAS,at Thursday,August 27,2015,the Village Administrator opened
two(2) sealed bids as summarized below:
Contract#15-15:Pine Ridge Basketball Court Resurfacing Project
Bidder Base Bid
SportTech Construction $72,892.00
Kramor Construction $69,200.00
WHEREAS,upon review of the bids for Contract#15-15;Pine Ridge
Basketball Court Resurfacing Project,the Village Administrator and Village Engineer
have determined that the lowest base bid amount of$69,200.00 exceeds the funding
available for the project.
NOW,THEREFORE BE IT RESOLVED,that all bids for Contract#15-
15;Pine Ridge Basketball Court Resurfacing Project are hereby rejected.