HomeMy WebLinkAbout2018.07.05 Proposed Local Law Amending Zoning Map1313/08/679983v1 7/5/19
PROPOSED LOCAL LAW AMENDING THE
ZONING MAP OF THE VILLAGE OF RYE BROOK
A LOCAL LAW to amend the
Zoning Map of the Village of Rye
Brook.
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as
follows:
Section 1: Legislative Intent:
The Board of Trustees of the Village of Rye Brook received an application by
Louis Larizza, contract vendee, (“Applicant”) for approval of a rezoning petition,
subdivision and site plan application for property located at 259 North Ridge Street,
designated on the Town of Rye Tax Map as Section 135.35, Block 1, Lot 11 and located
in the R-15 Zoning District. The rezoning petition seeks to rezone a portion of property
located at 259 North Ridge Street, that portion being Lot 1 as shown on the Subdivision
Plat, prepared by Ralph G. Mastromonaco, P.E., P.C., dated April 10, 2018, consisting of
56,909 square feet (1.30 acres) (“Lot 1”). The Board of Trustees referred the rezoning
petition, subdivision and site plan application to the Village of Rye Brook Planning
Board and the Planning Board issued a Report and Recommendation.
After review of the petition to rezone Lot 1 and application materials, comments
from the public, comments from Village staff and consultants, and comments from the
Westchester County Department of Planning, the Board of Trustees has determined it is
appropriate to rezone Lot 1 from the R-15 Zoning District to the Fair and Affordable
Housing (“FAH”) Zoning District.
As set forth in Village Code §250-26.1(B), the purpose of the FAH District is to
“provide flexible land use regulations, a streamlined permitting process and incentives to
encourage the development of fair and affordable housing within the Village that will
remain fair and affordable for at least 50 years as required pursuant to the Stipulation”
and to “encourage a balanced demographic.” Rezoning the property to the FAH District
will benefit the Village by achieving these objectives.
For the reasons set forth herein and others articulated in the record before the
Board of Trustees, the Board of Trustees adopts this Local Law.
Section 2: The Zoning Map of the Village of Rye Brook is hereby amended to
designate a portion of the parcel of real property located at 259 North Ridge Street and
designated on the Town of Rye Tax Map as Section 135.35, Block 1, Lot 11, such portion
being Lot 1 as shown on the Subdivision Plat, prepared by Ralph G. Mastromonaco, P.E.,
1313/08/679983v1 7/5/19
P.C., dated April 10, 2018 and annexed hereto, consisting of 56,909 square feet (1.30
acres), as being located in the FAH Zoning District. Pursuant to Village of Rye Brook
Zoning Code §250-26.1(F)(3)(a), the applicable dimensional and bulk requirements for
Lot 1 shall be those of the R-15 Zoning District, except as may be modified by the Board
of Trustees in connection with a site plan and/or subdivision application.
Pursuant to Village of Rye Brook Zoning Code §250-26.1.E(5), the rezoning of
Lot 1 from R-15 to FAH is expressly conditioned upon the commencement of
construction pursuant to a valid building permit within three (3) years of the date of final
site plan and/or subdivision approval, whichever approval is later, or such later date as
may be extended by the Village Board of Trustees. In the event construction is not
timely commenced, the rezoning from R-15 to FAH shall become null and void and the
zoning of Lot 1 shall revert to R-15 upon resolution of the Board of Trustees.
Section 3: This Local Law shall take effect immediately upon the filing with the
Office of the Secretary of State.