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HomeMy WebLinkAbout08.10.20 R. Schlank CommentsROSEMARY A. SCHLANK 9 Bayberry Lane Rye Brook, NY 10573 (914) 939-9273 RSchlank@ix.netcom.com August 10, 2020 Mayor Rosenberg and Honorable Members of the Village Board of Trustees Village of Rye Brook Offices 938 King Street Rye Brook, NY 10573 Dear Mayor Rosenberg and Trustees, Re: 900 King Street - FEIS and Petition for Zoning Changes The agenda for the August 11th meeting of the Village Board of Trustees (BOT) indicates the trustees will vote at that time on whether to accept as final a revised preliminary draft of a Final Environmental Impact Statement (FEIS) for 900 King Street. I urge the board to vote “No” because the information in the draft is still not adequate to form a basis for preparing a diligent and thorough SEQRA Findings Statement. The need for more information Consistent with the guidance in the SEQR Handbook,i the Board needs to consider all the relevant “changes in circumstances” and make a determination of whether a supplemental EIS is required to evaluate the impact of those changes. The COVID-19 pandemic clearly constitutes a major change in circumstances. It has brought fundamental changes in the way people live and work over the course of the past six months, and it will likely be at the top of the list of relevant changes for projects in many different industries and communities. But this is especially true for proposed senior living facilities in Rye Brook. The proposed senior living facilities for 900 King Street require zoning changes that will have an adverse impact on the community. The proposal may also have other adverse impacts due to COVID-19 and future pandemics. As part of adapting to the “new normal,” the BOT should request a supplemental EIS to help factor in the effects of COVID-19 in identifying the adverse consequences and evaluating the effectiveness of the proposed steps to mitigate these consequences. Specifically, I suggest that the supplemental EIS should address the following: 1. Consider the impact of COVID-19 and future pandemics on the business plans, the health of the nearby students and homeowners, and the community. COVID-19 and future pandemics may affect: (a) the sustainability of the senior living facilities that are proposed for 900 King Street by making it more difficult for the proposed site Rosemary Schlank 900 King Street, page 2 operator to earn a profit despite the growing cost of compliance with evolving regulations and best practices for the long-term care industry; (b) the safety of the owners of nearby residences and the students at the adjacent school by increasing our exposure to contagious diseases; and (c) the property taxes of the community by contributing to increased demands on the Village’s emergency services. 2. Consider the concurrent impacts of the closings of two Rye Brook hotels and the tentative plans to build senior living facilities on the site of the Westchester Hilton (formerly Rye Town Hilton). More information is needed to weigh the impacts of these COVID-19 related developments on: (a) the sustainability and viability of the business proposed by the owners of 900 King Street. As discussed in a prior comment letter, the proposed business plan represented a high-risk endeavor in an already highly-competitive business even before these recent developments, resulting in the need for (b) unwelcome zoning changes that destroy the “character of the community.” If there is sufficient demand for only one additional senior living facility in Rye Brook, then the Hilton site would be better for the community because it is a much larger site and less likely to require the kinds of zoning changes that would adversely affect what SEQR refers to as the “character of the community.” 3. If possible, the supplemental EIS should also consider the potential impact of a slight delay in the plans for 900 King Street on the school’s re-opening plan for 2020. While the supplemental EIS is being prepared, and while the Village is still sorting through some of the risks and uncertainties related to long-term care facilities, perhaps a plan could be worked out under which the school district could use the existing facility with its open-floor plan and extensive parking places to enhance the 2020 re-opening plan and allow the parents more flexibility by keeping the children occupied, off the streets, and out of mischief during school hours and after-school activities, (i.e., the same timeframe that coincides with normal business hours). This part of the EIS would require the patience and cooperation of the owners of the 900 King Street site, as well as the input of the school district and others in the community. But the result could be well worth it in an unprecedented time like this. Thank you for considering my comments. Please vote “No” to the acceptance of the draft FEIS until all the relevant changes in circumstances can be considered. Yours truly, Rosemary Schlank c: Chris Bradbury, Administrator, Village of Rye Brook, NY Dan Barnett, President, Board of Directors, Arbors Homeowners Association Patrick Brimstein, Superintendent of Schools, Blind Brook-Rye Union Free School District Rosemary Schlank 900 King Street, page 3 i Excerpts from SEQR Handbook 4. What constitutes a “change in circumstances” as applied to a supplemental EIS? A “change in circumstances” means any change in the physical setting of, or regulatory standards applicable to, the proposed project. For example, if nearby land uses have changed since the original site assessment was conducted, or the municipality has enacted new land use rules, and these changes are relevant to significant adverse environmental impacts, then a supplemental EIS may be warranted. 5. How does a lead agency determine that a supplemental EIS is required? When a lead agency is evaluating whether to prepare a supplement, it should examine if changes in the project, newly discovered information, or a change in circumstance have the potential to result in any new, previously undisclosed, or unevaluated impacts that may or may not have a significant adverse impact. New York State Department of Environmental Conservation, Division of Environmental Permits, The SEQR Handbook, Fourth Edition, 2020, Chapter 5, Section G.