HomeMy WebLinkAbout2019.07.05 SEAF Part 2 and 3 Negative DeclarationPage 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
Review all of the information provided in Part 1.
Review any application, maps, supporting materials and the Full EAF Workbook.
Answer each of the 18 questions in Part 2.
If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.
If you answer “No” to a numbered question, move on to the next numbered question.
Check appropriate column to indicate the anticipated size of the impact.
Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box “Moderate to large impact may occur.”
The reviewer is not expected to be an expert in environmental analysis.
If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general
question and consult the workbook.
When answering a question consider all components of the proposed activity, that is, the Awhole action@.
Consider the possibility for long-term and cumulative impacts as well as direct impacts.
Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, NO YES
the land surface of the proposed site. (See Part 1. D.1)
If “Yes”, answer questions a - j. If “No”, move on to Section 2.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may involve construction on land where depth to water table is
less than 3 feet.E2d
b. The proposed action may involve construction on slopes of 15% or greater.E2f
c. The proposed action may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
d. The proposed action may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
e. The proposed action may involve construction that continues for more than one year
or in multiple phases.
D1e
f. The proposed action may result in increased erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
g. The proposed action is, or may be, located within a Coastal Erosion hazard area.B1i
h. Other impacts: _______________________________________________________
___________________________________________________________________
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2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES
minerals, fossils, caves). (See Part 1. E.2.g)
If “Yes”, answer questions a - c. If “No”, move on to Section 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identify the specific land form(s) attached: ________________________________
___________________________________________________________________
E2g
b. The proposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
c. Other impacts: ______________________________________________________
___________________________________________________________________
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water NO YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If “Yes”, answer questions a - l. If “No”, move on to Section 4.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body. D2b, D1h
b. The proposed action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b
c. The proposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
d. The proposed action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h
e. The proposed action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
f. The proposed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
g. The proposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
h. The proposed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e
i. The proposed action may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
j. The proposed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h
k. The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d
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Page 3 of 10
l. Other impacts: _______________________________________________________
___________________________________________________________________
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or NO YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If “Yes”, answer questions a - h. If “No”, move on to Section 5.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c
b. Water supply demand from the proposed action may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c
d. The proposed action may include or require wastewater discharged to groundwater.D2d, E2l
e. The proposed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
f. The proposed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l
g. The proposed action may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
h. Other impacts: ______________________________________________________
__________________________________________________________________
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO YES
(See Part 1. E.2)
If “Yes”, answer questions a - g. If “No”, move on to Section 6.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in development in a designated floodway.E2i
b. The proposed action may result in development within a 100 year floodplain.E2j
c. The proposed action may result in development within a 500 year floodplain.E2k
d. The proposed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e
e. The proposed action may change flood water flows that contribute to flooding.D2b, E2i,
E2j, E2k
f. If there is a dam located on the site of the proposed action, dam E1e
✔ Impacts to wetland buffers
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Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________
6. Impacts on Air
The proposed action may include a state regulated air emission source. NO YES
(See Part 1. D.2.f., D,2,h, D.2.g)
If “Yes”, answer questions a - f. If “No”, move on to Section 7.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission permits, the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO2)
ii. More than 3.5 tons/year of nitrous oxide (N2)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv. More than .045 tons/year of sulfur hexafluoride (SF6)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflurocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
b. The proposed action may generate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g
c. The proposed action may require a state air registration, or may produce an emissions
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU=s per hour.
D2f, D2g
d.The proposed action may reach 50% of any of the thresholds in “a”through “c”,
above.
D
e. The proposed action may result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s
f. Other impacts: ______________________________________________________
__________________________________________________________________
7.Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES
If “Yes”, answer questions a - j. If “No”, move on to Section 8.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a.The proposed action may cause reduction in population or loss of individuals of any
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
E2o
b. The proposed action may result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o
c. The proposed action may cause reduction in population, or loss of individuals, of any
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
E2p
d. The proposed action may result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p
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Page 5 of 10
e. The proposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
f. The proposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site.E2m
h. The proposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b
i. Proposed action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
j. Other impacts: ______________________________________________________
__________________________________________________________________
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES
If “Yes”, answer questions a - h. If “No”, move on to Section 9.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b
b. The proposed action may sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
c. The proposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
d. The proposed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a
e. The proposed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b
f. The proposed action may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
g. The proposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
h. Other impacts: ________________________________________________________
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9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in NO YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)
If “Yes”, answer questions a - g. If “No”, go to Section 10.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Proposed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h
b. The proposed action may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b
c. The proposed action may be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
d. The situation or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c
e. The proposed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
f. There are similar projects visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
g. Other impacts: ______________________________________________________
__________________________________________________________________
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological NO YES
resource. (Part 1. E.3.e, f. and g.)
If “Yes”, answer questions a - e. If “No”, go to Section 11.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may occur wholly or partially within, or substantially contiguous
to, any buildings, archaeological site or district which is listed on or has been
nominated by the NYS Board of Historic Preservation for inclusion on the State or
National Register of Historic Places.
E3e
b. The proposed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f
c. The proposed action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g
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d. Other impacts: ______________________________________________________
__________________________________________________________________
e.
If any of the above (a-d) are answered “
”, continue with the following questionsto help support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii. The proposed action may result in the alteration of the property’s setting or
integrity.
iii. The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C3
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a NO YES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.1.c., E.2.q.)
If “Yes”, answer questions a - e. If “No”, go to Section 12.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
b. The proposed action may result in the loss of a current or future recreational resource.C2a, E1c,
C2c, E2q
c. The proposed action may eliminate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
d. The proposed action may result in loss of an area now used informally by the
community as an open space resource.
C2c, E1c
e. Other impacts: _____________________________________________________
_________________________________________________________________
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO YES
environmental area (CEA). (See Part 1. E.3.d)
If “Yes”, answer questions a - c. If “No”, go to Section 13.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d
b. The proposed action may result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d
c. Other impacts: ______________________________________________________
__________________________________________________________________
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Page 8 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. NO YES
(See Part 1. D.2.j)
If “Yes”, answer questions a - . If “No”, go to Section 14.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.D2j
b. The proposed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j
c. The proposed action will degrade existing transit access.D2j
d. The proposed action will degrade existing pedestrian or bicycle accommodations.D2j
.The proposed action ma y alter the present pattern of movement of people or goods.D2j
. Other impacts: ______________________________________________________
__________________________________________________________________
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. NO YES
(See Part 1. D.2.k)
If “Yes”, answer questions a - e. If “No”, go to Section 15.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action will require a new, or an upgrade to an existing, substation. D2k
b. The proposed action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
c. The proposed action may utilize more than 2,500 MWhrs per year of electricity.D2k
d. The proposed action may involve heating and/or cooling of more than 100,000 square
feet of building area when completed.
D1g
e. Other Impacts: ________________________________________________________
____________________________________________________________________
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES
(See Part 1. D.2.m., n., and o.)
If “Yes”, answer questions a - f. If “No”, go to Section 16.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m
b. The proposed action may result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d
c. The proposed action may result in routine odors for more than one hour per day. D2o
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Page 9 of 10
d. The proposed action may result in light shining onto adjoining properties.D2n
e. The proposed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a
f. Other impacts: ______________________________________________________
__________________________________________________________________
16. Impact on Human Health
The proposed action may have an impact on human health from exposure NO YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)
If “Yes”, answer questions a - m. If “No”, go to Section 17.
Relevant
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d
b. The site of the proposed action is currently undergoing remediation.E1g, E1h
c. There is a completed emergency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h
d.The site of the action is subject to an institutional control limiting the use of the
property (e.g.easementdeed restriction)
E1g, E1h
e. The proposed action may affect institutional control measures that were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h
f. The proposed action has adequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t
g. The proposed action involves construction or modification of a solid waste
management facility.
D2q, E1f
h. The proposed action may result in the unearthing of solid or hazardous waste.D2q, E1f
i. The proposed action may result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s
j. The proposed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
k. The proposed action may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g
l. The proposed action may result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
m. Other impacts: ______________________________________________________
__________________________________________________________________
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Page 10 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO YES
(See Part 1. C.1, C.2. and C.3.)
If “Yes”, answer questions a - h. If “No”, go to Section 18.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2
c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3
d. The proposed action is inconsistent with any County plans, or other regional land use
plans.
C2, C2
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a
h. Other: _____________________________________________________________
__________________________________________________________________
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO YES
(See Part 1. C.2, C.3, D.2, E.3)
If “Yes”, answer questions a - g. If “No”, proceed to Part 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3
f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3
E1a, E1b
E2g, E2h
g. Other impacts: ______________________________________________________
__________________________________________________________________
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PRINT FULL FORM
1
FULL EAF PART 3, NEGATIVE DECLARATION ATTACHMENT
3-LOT SUBDIVISION, ZONING MAP AMENDMENT AND SITE PLAN FOR LOT 1
NORTH RIDGE STREET DEVELOPMENT, 259 NORTH RIDGE STREET, RYE BROOK, N.Y.
REASONS SUPPORTING THE DETERMINATION
Introduction
The originally submitted Proposed Action was a three-lot subdivision, and a site plan and petition to
re-zone Lot 1 of the subdivision into the FAH District to construct eight Fair and Affordable Housing
(AFFH) units, and a site plan, and wetland and steep slopes permits for Lot 1. Lots 2 and 3 would
remain within the R-15 District and would be developed with two market-rate single-family homes.
The Applicant subsequently revised the development plan for Lot 1 reducing the number of housing
units to a total of four AFFH units divided into two, two-family homes. The subdivision remains
unchanged, and, in addition to Lot 1, still includes the two other lots (Lot 2 and Lot 3) that would
remain in the R-15 District for development of single-family market-rate homes.
Description of the Property
The property is situated at the intersection of West Ridge Drive and North Ridge Street within the R-
15 District and the North Ridge Street Scenic Road Overlay District, in Section 135.35, Block 1, Lot
11 of the Town of Rye Tax Assessor’s Map.
The 3.96-acre (172,620 square-foot) property is partially developed with one, one-story, single-family
home, driveway and curb cut, and a terrace at the back of the home in the rear yard. Behind the
home, the lot slopes down very steeply to the northeast from the elevation of North Ridge Street to
approximately the elevation of the rear yards of homes along Eagles Bluff and Rock Ridge Drive.
The site drains across and down to wetlands located in the woodlands below the existing home and
from there into a pipe within a drainage easement across one of the properties on Eagles Bluff.
Outside the landscaped area around the existing home, the lot is naturally wooded, and includes
watercourses, and wetlands located within lower elevation areas.
Description of the Revised Proposed Action
The revised applications propose a three-lot subdivision to create two, single-family building lots (Lot
2 with the existing home, and Lot 3 to be developed) that would remain in the R-15 District, and a
third building lot (Lot 1), which would be re-zoned into the Fair and Affordable (FAH) District for
development of two sets of two semi-attached, single-family homes (a total of four AFFH units). Each
of the two buildings would have a curb cut, a two-car garage and surface parking for three additional
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cars. The applications also request a Zoning Map amendment, and approval of a site plan for Lot 1.
The Lot 1 site plan requires approval of wetlands and steep slopes permits by the Rye Brook
Planning Board.
Evaluation of the Potential Impacts of the Subdivision, Zoning Map Amendment, and the Lot
1 Site Plan
Following is a discussion and analysis of the potential impacts of the Revised Proposed Action.
Review of the Full Environmental Assessment Form (FEAF), the proposed subdivision, and site and
building plans for Lot 1, additional information provided by the Applicant, and completion of Part 2 of
the FEAF indicates there would be no potential adverse impacts regarding geologic features, ground
water, flooding, air, plants, animals, agricultural resources, historic and archeological resources,
open space and recreation, critical environmental areas, energy, noise, odor, light, human health,
and consistency with community plans. The magnitude and importance of these potential impacts
are evaluated below:
1. Geologic Features. The site does not include any unique or unusual landforms, so there are
no impacts.
2. Ground Water. The Revised Proposed Action would not create new or significant additional
use of local ground water or introduce contaminants into ground water. There is no aquifer
on the site, and stormwater quantity and quality management are required by the Rye Brook
Village Code to limit the deposition of contaminants into ground water.
3. Flooding. The site does not include a floodway, a 100-year flood plain or a 500-year flood
plain. Development on the three lots would not be located within low areas of the site that
contain wetlands. All new and renovated development will include stormwater management,
and limits to impervious surface coverage, which are required by the Rye Brook Village Code.
4. Air Quality. The Revised Proposed Action, which will be residential and consistent with the
existing low-density residential uses in the R-15 District after subdivision, would not include
state regulated air emissions sources. Any temporary impacts to air quality during
construction will be limited by the implementation of a final construction management and
logistics plan, based on the draft provided by the Applicant, and use of best practices with
respect to generation of airborne particulate matter, grading and excavation, construction
traffic, and construction operations.
5. Plants and Animals. The site of the Revised Proposed Action does not include any
endangered or threatened plant or animal species, or any rare plants, animals or habitats
according to the NYS DEC EAF Mapper Summary Report, which would limit impacts to
animals and habitats on the site.
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6. Agricultural Resources. The site is not used for agriculture, and it is not located within an
agricultural district. There would be no adverse impacts to agricultural resources.
7. Historic and Archeological Resources. The Revised Proposed Action is not located within, or
adjacent to an historical or archeological resource. It is not within view of an historical or
archeological resource.
8. Open Space and Recreation. The Revised Proposed Action would not result in a loss of
recreational opportunities, or a reduction in a locally designated open space resource. The
site is a privately-owned residential lot. The development would add five families to the
Village population, which would be a limitesd impact to the recreation facilities of the Village.
9. Critical Environmental Areas. The site is not located within or adjacent to a critical
environmental area.
10. Energy. The five new homes will create a minimal increase in the consumption of natural gas
and electrical energy.
11. Noise. The Revised Proposed Action, a low-density residential use, would not create
permanent noise levels above those of other residences surrounding the site. Any temporary
noise impacts during construction will be limited by the implementation of a final construction
management and logistics plan, based on the draft provided by the Applicant, and use of
best practices with respect to noise from vehicles and machinery, construction traffic, and
construction operations. The construction schedule will be required to comply with the Rye
Brook Village Code regulations for the schedule and hours of operation of construction to
further limit noise impacts.
12. Odor. The Revised Proposed Action is a residential use that would not routinely create
noxious or unusual odors different from those of other residences surrounding the site.
13. Lighting. The Revised Proposed Action would not include outdoor lighting that is more intense
or above the light levels of other residences surrounding the site. The site plan for Lot 1
includes only building-mounted lighting at entry doors.
14. Human Health. The Revised Proposed Action would not create an impact to human health
from exposure to new or existing contaminants on the site. There is no remediation or spill
history for the site. Proposed Lots 1 and 3 are vacant and not expected to harbor existing
subsurface contaminants.
15. Consistency with Community Plans. The Revised Proposed Action will be consistent with
adopted Rye Brook land use regulations regarding subdivision, Fair and Affordable Housing
development, and site plan and environmental regulations regarding imperious surface
coverage, setbacks, building bulk, the scenic road, wetlands and steep slopes protection,
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sediment and erosion control, and stormwater management. The project also is consistent
with the 2014 Rye Brook Comprehensive Plan recommendation to continue to encourage
affordable housing developers to utilize the Village’s affordable housing floating zone and
other land use provisions adopted.
Review of the Full Environmental Assessment Form (FEAF), the proposed subdivision, site plans
and building plans for Lot 1, additional information provided by the Applicant, and completion of Part
2 of the FEAF indicates there may be small adverse impacts regarding land, surface water, aesthetic
resources, transportation, and consistency with community character. The magnitude and
importance of these potential impacts are evaluated below:
1. Land. The Revised Proposed Action would involve the potential for impacts to land regarding
construction on slopes greater than 15%, and erosion. Construction on Lots 1 and 3 would
include clearing, grading, excavation and filling of land on existing slopes greater than 15%,
and the creation of limited new slopes greater than 15%. The impacts to steep slopes will be
reduced by use of retaining walls to limit the creation of new steep slopes. Approval of the
site plans for Lots 1 and 3 requires compliance with the requirements of the Chapter 213 of
the Rye Brook Village Code regarding steep slope protection and regulation, and issuance
of a steep slopes work permit by the Planning Board.
A stormwater management plan and an erosion and sediment control plan compliant with the
regulations of the Rye Brook Village Code and NYSDEC will be required to limit erosion of
steep slopes during and after construction. Existing vegetation removed for grading,
excavation or filling will be replaced by new landscape material and soil stabilization methods
for permanent stabilization and erosion control of slopes and open areas during and after
construction.
The Revised Proposed Action includes a landscape plan that will replace the existing trees
and shrubs removed during construction and comply with the requirements of Chapter 235
of the Village Code regarding tree preservation and protection. The tree preservation plan
includes limits of construction, which will protect existing trees to remain on the site and other
vegetation in adjacent areas.
The construction management and logistics plan includes best management practices to
eliminate or reduce any impacts related removal of vegetation, grading, excavation, filling
and construction operations that includes, but is not limited to, stormwater management and
erosion and sediment control, and tree protection.
2. Surface Water. The Revised Proposed Action may create impacts to surface water regarding
construction and removal of vegetation adjacent to wetlands and wetland buffers, erosion of
soil on steep slopes and siltation of waterbodies downstream from the site. Disturbance of
the regulated wetland buffer on Lots 1 and 3 and the uplands on the site has the potential to
cause siltation in the wetland areas.
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The storm water management and erosion and sediment control plans will be required to
comply with the Rye Brook Village Code and NYSDEC regarding steep slopes protection,
storm water management infrastructure, erosion and sediment control, and wetlands and
stream protection. The Revised Proposed Action includes a landscape plan that will replace
the existing trees and shrubs removed during construction, and restore the vegetation
removed from upland steep slopes and wetland buffers. The disturbance of wetland buffers
and the landscape plan to restore the areas disturbed will require compliance with the
requirements of Chapter 245 of the Village Code and the approval of a Wetlands Permit from
the Planning Board.
3. Aesthetic Resources. The Revised Proposed Action has the potential to affect the aesthetic
quality North Ridge Street Scenic Road. The new lots are located within the North Ridge Street
Scenic Road Overlay District (SROD), which includes special regulations to help protect the
scenic qualities of North Ridge Street, including increased front yard setbacks and 35-foot
vegetative buffers along the street frontage to preserve and protect the views along the road.
Though the FAH District regulations allow the Trustees to reduce the required front yard setback
of Lot 1, the proposed landscape plan for Lot 1 will install new plantings along the front property
line to improve the required SROD vegetative buffer, reduce the visual impacts to neighbors
and protect views within the North Ridge Street SROD.
4. Transportation. The Revised Proposed Action may create impacts to transportation regarding
the potential for increased traffic and alteration to the present pattern of traffic movement on
North Ridge Street.
The revised development of the subject property will include two single-family homes and
four FAH units in two buildings. The Village’s traffic consultant reviewed the traffic counts,
accident data, and safety regarding introduction of three new access drives along the site
frontage on North Ridge Street. Regarding increased traffic volume, the Village’s traffic
consultant opined that the level of residential development proposed would not generate a
sufficient number of additional vehicle trips at peak hours on North Ridge Street to have
anything other than a minimal impact, if any, on the overall traffic operations on the roadway,
other than traffic movements at the proposed site access drives.
Regarding traffic movements at the proposed site access drives and the potential for traffic
conflicts, and to ensure adequate and safe driveway access for the three proposed lots, the
Village’s traffic consultant reviewed the proposed site plans, the North Ridge Street roadway
configuration and elevations, and the Intersection Site Distance and the Stopping Sight
Distance studies provided by the Applicant. The Village’s traffic consultant opined that both
sight distances at all the proposed access drives are adequate to minimize traffic conflicts at
all the proposed driveway entrances of the site and ensure traffic safety along North Ridge
Street in the area of the site.
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The Village’s traffic consultant reviewed the recent vehicular accident data for North Ridge
Street. The consultant opined the data did not indicate an unusually high number or severity
of accidents along North Ridge Street in the area of the proposed development.
Construction of the Lot 1 site plan may cause temporary impacts to local traffic during
construction. Implementation of the final construction management and logistics plan that
includes traffic handling and compliance with the requirements of the Rye Brook Code
regarding construction scheduling and working hours would minimize the temporary
construction traffic impacts on north Ridge Street during construction.
5. Consistency with Community Character. After the subdivision, Lot 2 will be 50,696 square
feet and Lot 3 would be 62,380 square feet. These two lots will be considerably larger than
the minimum 15,000 square-foot lots of the R-15 District. Lot 1 would be 56,909 square feet,
which would provide 25,454 square feet of lot area for each of the two-family homes to be
constructed, which is visually consistent with other homes in the neighborhood. The
proposed lots sizes, the lot configurations and the proposed building sizes are consistent
with other homes in the surrounding neighborhood, which would maintain the character of
the surrounding low-density neighborhood.
All of the new lots will be located within the North Ridge Street Scenic Road Overlay District
(SROD), which includes special regulations to help protect the scenic qualities of North Ridge
Street, including increased front yard setbacks and 35-foot vegetative buffers along the street
frontage. Though the FAH District regulations allow the Trustees to reduce the required front
yard setback of Lot 1, the proposed landscape plan for Lot 1 will install new plantings along the
front property line to improve the required SROD vegetative buffer along the scenic road, reduce
the visual impacts to neighbors and protect views along North Ridge Street.