HomeMy WebLinkAbout900 King Street Planning Board Involved Agency Findings Draft Statement 2021-9-30INVOLVED AGENCY FINDINGS STATEMENT
State Environmental Quality Review Act
This Findings Statement has been prepared in accordance with Article 8 of the
Environmental Conservation Law, the State Environmental Quality Review Act (SEQRA),
and its implementing regulations promulgated at 6 NYCRR Part 617.
Involved Agency: Planning Board, Village of Rye Brook
Address: Village Hall
938 King Street
Rye Brook, NY 10573
Name of Proposed Action: 900 King Street Redevelopment
SEQRA Classification: Unlisted Action
Summary of Proposed
Action: The Applicant proposes to redevelop the approximately 17.77-acre
property with an integrated age-restricted residential community that
includes independent living, assisted living, and age-restricted
residential townhouse units. The Project proposes 231 residential units,
including 126 independent living (IL) units, 20 townhouse units, and
85 assisted living (AL) units. The Applicant has represented that the
community will be owned and operated by a single entity that would
offer the various units for rent. Residency within the community will
be restricted to those 62 years old or older.
To facilitate the proposed redevelopment, the Applicant has
petitioned for a text amendment to the PUD zoning regulations to
allow additional density on the Site, as well as other changes. The
Applicant has also petitioned for a text amendment to Chapter 158
of the Village Code regarding the time periods during which
construction activities may occur.
Location: The Project Site is designated as 900 King Street within the Village
of Rye Brook, County of Westchester, New York (Tax Map Parcel
No. 129.68-1-13).
DESCRIPTION OF ACTION
900 King Street Owner, LLC (the “Applicant”) proposes to construct an integrated, age-restricted
residential community (the “Proposed Project”) that would replace the existing, largely vacant,
office building and surface parking lot at 900 King Street (the “Project Site” or the “Site”) in the
Village of Rye Brook (the “Village”), New York. Application has been made to the Planning Board
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for issuance of a Permit to Perform Regulated Activities in a Wetland, and the issuance of a Steep
Slopes Work Permit.
PROJECT SITE
The Project Site is located at 900 King Street in the Village and is approximately 17.77 acres. The
Site is bounded to the north by the Hutchinson River Parkway (the “Parkway”), to the east by the
Rye Brook Police Department (RBPD), Rye Brook Fire Department (RBFD), Village Hall, and
approximately 168 feet along King Street (NYS Rt. 120A), to the south by Arbor Drive, Harkness
Park, and the Blind Brook Middle School and High School, and to the west by The Arbors
townhouse community. Access to the Site is from Arbor Drive, which connects to King Street at
a signalized intersection. Arbor Drive is a private street, owned by The Arbors Homeowner’s
Association. The Project Site is the beneficiary of an easement, allowing the Project Site to access
an improved Arbor Drive. Secondary emergency access to the Project Site is proposed via
easement through the Village Hall property to the east. The Project Site, The Arbors, and Harkness
Park are within the Village’s Planned Unit Development (PUD) zoning district. The schools,
municipal buildings, the Parkway, and the area to the north are within residential zoning districts
(e.g., R-15 and R-20).
PROPOSED PROJECT
The Proposed Project includes construction of an integrated age-restricted residential community that
includes IL, AL, and age-restricted residential townhouse units. The Proposed Project would include
231 residential units, including 126 IL units, 20 townhouse units, and 85 AL units. The Applicant has
represented that the community will be owned and operated by a single entity that will offer the various
units for rent. Residency within the community will be restricted to those 62 years old or older—a
change from the DEIS, which proposed a community restricted to those 55 years old and older.
To construct the Proposed Project, the existing 215,000 sf office building and 5.3-acre surface
parking lot on the Project Site would be removed. Construction of the Proposed Project would occur
on the portions of the Project Site that have been previously disturbed by prior development. The
Proposed Project would not disturb the existing vegetation in the western portion of the Project Site,
between the Project Site and The Arbors.
The Applicant modified the project originally analyzed in the DEIS. In the FEIS, this project was
referred to as the “Revised Proposed Project.” As part of the FEIS, and at the request of the Village
Board of Trustees as Lead Agency, the Applicant also developed a “Further Reduced Alternative,”
which is substantially similar to the Revised Proposed Project. The only difference is that the
Further Reduced Alternative included ten fewer IL units than the Revised Proposed Project (126
units) and, subsequently, an IL/AL building that is approximately 10,000 gsf smaller than the
Revised Proposed Project. SEQRA allows for, and in principle encourages, applicants to modify
projects in response to public comment on the DEIS, so long as those modifications, and any
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potential environmental impacts of those modifications, are described and analyzed in the FEIS,
which they were. The Lead Agency selected the Further Reduced Alternative as the project that
avoids or minimizes the environmental impacts to the maximum extent practicable and issued its
Findings Statement on January 26, 2021.
As described below, the Rye Brook Planning Board as an Involved Agency finds that with
the mitigation measures and conditions implemented, the Further Reduced Alternative
minimizes environmental impacts to the maximum extent practicable to wetlands and steep
slopes. Therefore, this Statement of Findings describes the program and impacts of this
alternative, which is referred to as the “Further Reduced Alternative” or the “Proposed
Project.”
ENVIRONMENTAL ANALYSIS
A. Geology, Soils, and Topography
1. Impacts Identified
a. The overwhelming majority of the area within the proposed Limit of
Disturbance (“LOD”) for the Further Reduced Alternative is within areas
disturbed by the current office building and parking lot. By concentrating
development activity in areas previously disturbed by construction, the
Further Reduced Alternative avoids and minimizes impacts to mature
vegetation, native soils, and native topography to the maximum extent
practicable. For example, the soils proposed to be disturbed are classified
as “Urban Fill.” This classification is the consequence of prior disturbance
through mass grading and building construction. The majority of proposed
steep slopes disturbance occurs on human-made steep slopes, including
those around the existing stormwater basin on the Site’s eastern edge and
the vegetated slope towards the Site’s western edge.
b. As was the case with the original project, it is not anticipated that rock
blasting would be required to accommodate the construction of the
subsurface infiltration practices or subsurface parking areas with the Further
Reduced Alternative. Competent rock is not expected within 11 feet of the
bottom of the garage, which based upon the current design, would be the
lowest excavation. Bedrock height can be unpredictable but from the
accessible information, no blasting or rock crushing is anticipated during
construction. As rock blasting, rock crushing, rock chipping, and pile
driving are not anticipated during construction, on-site materials processing
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will not be necessary. No blasting or rock crushing shall be permitted
without further review by the Village.
c. The grading for the Proposed Project was designed to create a relatively
level Site. Age-restricted residential communities seek to provide
pedestrian paths and sidewalks with minimal slope so residents can easily
walk throughout the Site. The Proposed Project includes “raising” the
elevation of the eastern side of the Site to level the terrain. The proposed
grading also allows for underground parking, which in addition to reducing
the adverse visual impact of expansive surface parking lot, reduces the
amount of impervious cover on the Site and concomitant potential for
adverse stormwater impacts.
2. Mitigation Provided
To further reduce the potential for adverse environmental impacts, the Further
Reduced Alternative reduces the area of the Site within the LOD from 13.21 acres
with the original project to 12.54 acres. In addition, the area of existing steep slope
disturbance on the Site has been reduced from 0.97 acres in the original project to
0.95 acres with the Further Reduced Alternative.
To minimize the impacts of regrading the site, the finished floor elevation of the IL
and AL building and the underground parking garage, has been lowered by 18
inches, significantly reducing the amount of fill required for the Further Reduced
Alternative (±36,426 cubic yards) as compared to the original project (±51,600
cubic yards), resulting in a more “balanced” site in terms of cut and fill (±1,732
cubic yards net export for the Proposed Project compared to ±9,000 cubic yards of
import with the original project).
3. Findings and Conditions
Specifically, the Planning Board acting as an Involved Agency finds that:
The majority of proposed steep slopes disturbance occurs on human-made steep
slopes, including those around the existing stormwater basin on the Site’s eastern
edge, the vegetated slope towards the Site’s western edge and at the accesses to the
existing building. The existing areas of steep slopes adjacent to the existing building
will be disturbed during the demolition of the existing building. During review of
the detailed site plan application, the specific methods of stabilization during
building demolition were reviewed and found acceptable based on the Erosion and
Sediment Control plans.
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As with the original project, the Further Reduced Alternative would create certain
new areas of steep slope on the Project Site, most notably in areas around the access
ramps to the underground parking area. The Planning Board finds that these areas
of steep slopes are necessary to allow for a grading plan that accommodates the
underground parking, the need for a relatively flat pedestrian experience outside of
the buildings, and the need to meet the existing grades on Arbor Drive at the
driveway connections. Another small area of moderately steep slope would be
created within the landscaped area between the two driveways on Arbor Drive. This
area would provide visual screening of the buildings and Site from Arbor Drive.
The newly created steep slopes shall be stabilized to minimize soil erosion. During
review of the detailed site plan application, the specific methods of stabilization
were reviewed and found acceptable based on the Erosion and Sediment Control
plans provided in the approved plan set. The Planning Board finds that that the
grading plan avoids, minimizes, and mitigates potential adverse impacts to
topography to the maximum extent practicable.
B. Waters and Wetlands
1. Impacts Identified
Five wetlands meeting the three requirements for wetland identification were
located on the Project Site based on wetland investigations and delineations
performed in accordance with Federal and Village standards. The on-Site wetlands
and/or streams are created and sustained by untreated stormwater runoff from the
adjacent Hutchinson River Parkway (the “Parkway”) or by stormwater from
impervious surfaces conveyed from Village Hall, Rye Brook Police Department
(RBPD), and Rye Brook Fire Department (RBFD), and the Project Site. Even
though the wetlands have been classified as having a low ecological value,
dominated by a limited number of common plant species, and are stressed by
untreated stormwater runoff hydrology inputs of short duration, they do serve as
habitat and modification of surface water quality functions. The wetland and
watercourse buffers within the Project Site are currently encroached upon by on-
Site and off-Site developments, including parking lots, roads, buildings, and
manicured lawns.
As with the original project, the Further Reduced Alternative would not fill any
wetland or waterbody. The only activity that would occur within a wetland would
be the clearing and removal of debris within the existing stormwater basin (Wetland
D). The total area of wetland buffer proposed to be disturbed is 2.25 acres.
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The hydrology inputs to Wetlands B, C, and E (the wetlands located along the
Parkway) would remain unchanged with the Further Reduced Alternative and the
wetlands would continue to receive surface water inputs exclusively from the
Parkway or paved surfaces off-Site. Drainage inputs to Wetland D (on-Site
detention basin) from on-Site and off-Site sources would similarly be retained,
thereby sustaining the proposed revegetated and enhanced wetland (e.g.,
stormwater basin).
The Further Reduced Alternative would reduce the drainage area to Wetland A
(located along the property line shared with the Arbors) by approximately 0.218
acres (a smaller reduction than the 1.0 acre proposed by the original project),
resulting in a small, 3.92 percent, reduction in runoff volume for the 1- or 2-year
storm events (a smaller reduction than the 10–13 percent reduction proposed with
the original project).
2. Mitigation Provided
In response to public comments and to reduce potential impacts to wetland buffers
as well as to mitigate the overall impact of the Further Reduced Alternative, the
total amount of construction proposed within 100 feet of on-Site wetlands has been
reduced to 2.25 acres—a reduction of 0.33 acres (13 percent) from the original
project. The majority of this reduction is the result of reducing the amount of
regrading required within the buffer surrounding Wetland A, the wetland with the
greatest ecological value on the Project Site. This reduction was achieved through
the reduction in the number of townhouses proposed as well as the re-orientation
of the townhouses within the Site. Without implementation of the landbank
parking, the Further Reduced Alternative reduces the total amount of additional
impervious area proposed to be created within 100 feet of on-Site wetlands to 0.173
acres (7,536 square feet) —a reduction of 0.003 acres (130.68 square feet) from the
original project.
As was the case with the original project, the proposed SWPPP for the Further
Reduced Alternative includes the use of vegetated swales, subsurface infiltration
systems, reduction in overall site impervious cover, and improvements to the
existing detention basin to manage the Site’s stormwater. These measures will
improve Wetland D’s ability to provide “modification of water quality” and “storm
and floodwater storage” wetland functions and will result in a decrease in post-
construction runoff rates.
To mitigate the impact of the reduced drainage area to Wetland A, the Further
Reduced Alternative, without the landbank parking, would reduce the amount of
impervious surface on the Project Site by 0.71 acres from the current condition and
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0.55 acres with the landbank parking. The Further Reduced Alternative’s
stormwater management system would also substantially reduce the influx of
sediment and other pollutants to Wetland A, thereby reducing water quality
stressors that can facilitate the spread of invasive species.
The Further Reduced Alternative includes 4.5 acres of wetland buffer mitigation—
two times the amount of wetland buffer being affected by construction of the
Further Reduced Alternative, consistent with the requirements of the Village’s
Wetland Ordinance. The Applicant has identified approximately 2.4 acres of area
on-Site that could serve as wetland buffer mitigation areas. The Applicant’s
wetland buffer mitigation plan for these areas, includes a mixture of the following
elements:
• Replanting select areas within wetland buffers that would be re-
graded with a diverse mix of woody and herbaceous hydrophytic
(i.e., wetland) vegetation;
• Selectively planting areas within the wetland buffer that would not
be disturbed by the Further Reduced Alternative with native plants
to increase floristic diversity and wetland functions; and,
• Removal of invasive species within select areas of the on-Site
wetland buffers.
The Applicant proposes that the other 2.1 acres of mitigation that is required be
located off-Site in areas identified by the Village’s Superintendent of Public Works
and approved by the Planning Board. The area that has been identified is the
Village’s Edgewood Detention Basin. It is noted that implementation of landbank
parking, whether in the area preliminarily identified by the Applicant, or other areas
identified during Site Plan review, would be within areas that would otherwise be
disturbed with the Further Reduced Alternative. That is, no new areas on the Project
Site within 100 feet of a wetland (or anywhere else on the Site) would be disturbed
as a result of constructing landbank parking.
3. Findings and Conditions
a. The Planning Board serving as an Involved Agency finds that this small
reduction in runoff volume would have minimal indirect impacts to Wetland
A, which would continue to receive adequate surface and unchanged
groundwater inputs considering its depressional landscape position and
small size.
b. The Planning Board serving as an Involved Agency finds that the increase
in impervious surfaces within the wetland buffer as a result of the Further
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Reduced Alternative, with or without the landbank parking, is not a
significant adverse impact owing to the relatively small amount of increase
of 7,100 s.f., as well as the fact that impervious surfaces within the wetland
buffers with the most ecological value are being reduced from the existing
condition. The Lead Agency further finds that the 0.71 acre reduction of
impervious area within the Site as a whole without the landbank parking,
and 0.55 acre reduction with the landbank parking is a beneficial impact of
the Further Reduced Alternative without the landbank parking.
c. The Planning Board serving as an Involved Agency finds that the Further
Reduced Alternative would not adversely impact the ecological functions
of the Site’s wetland buffers. Both Wetlands A and D would realize a net
decrease in the amount of impervious surface within their 100-foot Village-
regulated wetland buffers from the current condition. Wetland A would
have a 0.025 acre reduction of impervious surface within its wetland buffer
as a result of removing the existing building and Wetland D would have a
0.151 acre reduction of impervious surface within its buffer as a result of
removing the existing parking lot. The Planning Board finds that this is a
substantial benefit of the Further Reduced Alternative, which will allow for
additional infiltration of runoff in the buffers and a reduction in surface
water pollutants entering these wetlands.
d. While the Buffers surrounding Wetlands B, C, and E would have slight
increases in impervious areas with the Further Reduced Alternative as
compared with the existing condition, the Lead Agency finds that these
impacts are insignificant for two reasons: (1) Wetlands B, C, and E are of
low ecological value, deriving their hydrology from the discharge of
drainage from the Parkway or other off-Site practices, and (2) the wetland
buffers are dominated by invasive species or manicured lawn and are
heavily disturbed by development. As such, in their current condition, they
provide little in the way of functional benefit to their associated wetlands.
e. With respect to compliance with Chapter 245 of the Village Code, the
Planning Board servings as an Involved Agency finds that the Further
Reduced Alternative, inclusive of the reduction in wetland buffer area
disturbance and the reduction in impervious area within the wetland buffers,
generally meets the criteria for the issuance of a wetland buffer disturbance
permit including the factors set forth at Section 245-8(A) of the Village
Code.
f. The Further Reduced Alternative includes 4.5 acres of wetland buffer
mitigation—two times the amount of wetland buffer being affected by
construction of the Further Reduced Alternative, consistent with the
requirements of the Village’s Wetland Ordinance. The Applicant has
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identified approximately 2.4 acres of area on-Site that could serve as
wetland buffer mitigation areas. The Applicant proposes that the other 2.1
acres of mitigation that is required be located off-Site in areas identified by
the Village’s Superintendent of Public Works and approved by the Planning
Board.
g. Chapter 245 of the Village Code recommends that projects be located and
designed to minimize impacts to wetlands and wetland buffers. The
Planning Board acting as an Involved Agency finds that the Further
Reduced Alternative meets that standard for the reasons set forth below:
• Wetland Buffer A—The area proposed to be disturbed within
Wetland Buffer A consists of manicured lawn, which provides
relatively low levels of wetland buffer functionality, as well as
impervious surface in the form of a portion of the existing building,
which provides no beneficial wetland buffer function. The Further
Reduced Alternative would remove the existing portion of the
building within the wetland buffer and replace it with porous surface
(e.g., lawn), which would improve the buffer function from its
current condition. The remainder of the disturbance proposed within
this wetland buffer area would consist of regrading existing areas of
manicured lawn, which would be returned to the same condition. As
such, there would be no change to the existing wetland buffer
function in this area. Importantly, the Further Reduced Alternative
avoids disturbing the wooded area of the wetland buffer, which
currently provides the highest level of ecological value to the
wetlands within the Project Site. Portions of the existing wooded
area of the Wetland Buffer that would not be disturbed would be
selectively planted with native species as part of the proposed
wetland buffer mitigation program.
• Wetland Buffers B and C—Wetlands B and C are located primarily
off-Site, within the New York State Department of Transportation
(NYSDOT)-owned right-of-way for the Parkway. The on-Site area
within 100 feet of the wetlands is characterized primarily by
manicured lawn, which provides relatively low levels of wetland
buffer functionality, an asphalt parking lot, which provides no
beneficial wetland buffer function, and, in the northeastern most
corner of the buffer, an area of shrubs and trees. The Further Reduced
Alternative would limit disturbance primarily to the area of the buffer
that is manicured lawn or existing parking lot. Approximately ten
trees within the wetland buffer would be removed. Overall, the
amount of impervious area within 100 feet of Wetlands B and C after
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construction of the Further Reduced Alternative would increase by
approximately 0.268 acres, or 11,674 sf, from the current condition
without the landbank parking, and 0.328 acres with the landbank
parking.
• Wetland Buffer E—As with the original project, the disturbance to
Wetland Buffer E with the Further Reduced Alternative is solely
attributable to the construction of the secondary, emergency Site
access. The Applicant evaluated the potential for the emergency
access drive to be located in a different location that would have
fewer impacts to Wetland Buffer E. This alternative location,
however, would have required a steeper driveway connection and
the turning movements into and out of the Site from this driveway
would be more constrained than in the proposed location. For these
reasons, and after consultations with Village staff, it was determined
that the proposed location of the emergency access was the most
appropriate.
• Wetland/Stream Buffer D/S—Wetland D is a human-made settling
basin that was created to serve as the stormwater detention basin for
the existing 900 King Street improvements, as well as several off-Site
locations (e.g., Village Hall and RBFD firehouse). Off-site areas
within 100-feet of the stormwater basin include a portion of Village
Hall and the Rye Brook Police Department (RBPD) station, the
parking lot for the police station, and a portion of the building
associated with the cell tower on Village property. On-Site,
approximately 0.630 acres of the buffer around Wetland D and
Stream S—the stream that drains the stormwater basin—is improved
with the existing parking lot for 900 King Street. This area provides
no beneficial wetland buffer function. Other portions of the
wetland/stream buffer include areas of maintained lawn and areas of
woody vegetation. In order to comply with current stormwater
regulations, redevelopment of the Project Site requires the expansion
of the existing stormwater basin. (This is true even though the Further
Reduced Alternative Project is reducing the amount of impervious
surfaces on the Project Site from the current condition.) As such,
impacts to the wetland buffer associated with this expansion are not
avoidable. In addition, the stormwater basin and its surrounding area
is in relatively poor ecological health; it is dominated with invasive
species. Therefore, it is necessary to impact the area around the
stormwater basin to improve the current functionality of both the
basin and the buffer.
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INVOLVED AGENCY DISCUSSION OF DECISION
As reflected in the foregoing, the Planning Board acting as an Involved Agency has carefully
considered the Further Reduced Alternative and has considered in detail the anticipated
environmental impacts of the Further Reduced Alternative and measures to mitigate impacts in
relation to the wetlands and steep slopes. These findings are the result of the Planning Board
weighing and balancing of these and other relevant factors and considerations as set forth above.
Certificate of Findings to Approve the Action:
Accordingly, having considered the DEIS and FEIS, the Planning Board as an Involved Agency
through this Findings Statement, certifies that:
A. It has considered the relevant environmental impacts, facts and conclusions
disclosed in the DEIS and FEIS;
B. It has weighed and balanced the relevant environmental impacts with social,
economic and other considerations;
C. The requirements of 6 NYCRR Part 617 have been met; and
D. The Further Reduced Alternative, as modified by this Statement of Findings,
avoids or minimizes adverse environmental impacts to the maximum extent
practicable; and
E. Adverse environmental impacts will be avoided or minimized to the maximum
extent practicable by incorporating as conditions of any wetland permit or steep
slopes permit approval within the Project Site those relevant mitigation measures
identified in the DEIS, FEIS and this Statement of Findings.
Adopted: September 30, 2021
