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Home My WebLink About900 King Street Wetland Permit & Steep Slopes Permit Draft Resolution 2021-9-30 September 30, 2021 _____________ RESOLUTION ADOPTING A SEQRA INVOLVED AGENCY FINDINGS STATEMENT AND GRANTING WETLANDS PERMIT AND STEEP SLOPES PERMIT APPROVALS FOR PROPERTY LOCATED AT 900 KING STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, 900 King Street Owner, LLC (“Applicant”) is the owner of certain property located at 900 King Street, Rye Brook and shown on the tax assessment map as Parcel ID 129.68-1-13 on the Town of Rye Tax Map and located in the Planned Unit Development (“PUD”) District and Scenic Road Overlay District (“Subject Property”); and WHEREAS, the Subject Property is currently improved with a 215,000 s.f. office building and an at-grade parking lot containing approximately 595 parking spaces; and WHEREAS, the Applicant is proposing the development of an age restricted (62 years of age and older) senior living facility with a total of 231 residential rental units consisting of 126 Independent Living (IL) units, 85 Assisted Living (AL) units, and 20 Townhomes with a total square footage of 345,902 s.f., and other related infrastructure, including driveways, walkways, garage and surface parking, site lighting, signage and stormwater; and WHEREAS, as originally proposed, the Project included the development of an age- restricted (55 years of age) senior living facility with 269 residential units with a total square footage of 445,000 s.f.; and WHEREAS, on January 26, 2021 the Village Board adopted a SEQRA Findings Statement, adopted local law amending Chapter 250 of the Village Code to add Section 250- 7.E(6) and approved a PUD Concept Plan for the Project; and WHEREAS, on September 14, 2021 the Village Board approved a PUD Site Plan for the Project; and WHEREAS, the Village Planning Board is the Approval Authority for the associated Wetland Permit and Steep Slopes Permit that will be required as part of the Project pursuant to Chapters 245 and 213 of the Village Code, respectively; and WHEREAS, the Planning Board reviewed the following plans and application materials: Sheet Title Prepared by Date C-000 COVER SHEET JMC Engineering 9/8/2021 C-010 NOTES & LEGENDS JMC Engineering 9/8/2021 C-100 EXISTING CONDITIONS JMC Engineering 9/8/2021 C-110 DEMOLITION PLAN JMC Engineering 9/8/2021 C-120 EXISTING STEEP SLOPES MAP JMC Engineering 9/8/2021 C-130 TREE REMOVAL PLAN/PROTECTION PLAN JMC Engineering 9/8/2021 C-131 TREE REMOVAL PLAN/PROTECTION CHART JMC Engineering 9/8/2021 C-200 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 1) JMC Engineering 9/8/2021 C-201 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 2) JMC Engineering 9/8/2021 C-202 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 3&4) JMC Engineering 9/8/2021 C-203 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 5) JMC Engineering 9/8/2021 C-204 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 6) JMC Engineering 9/8/2021 C-205 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 7) JMC Engineering 9/8/2021 C-300 LAYOUT AND STRIPING PLAN JMC Engineering 9/8/2021 C-310 ROAD PROFILES JMC Engineering 9/8/2021 C-311 ROAD PROFILES JMC Engineering 9/8/2021 C-320 FIRE TRUCK, EMERGENCY VEHICLE & TRUCK TURNING PLAN JMC Engineering 9/8/2021 C-321 ON-SITE FIRE PROTECTION PLAN JMC Engineering 9/8/2021 C-330 INTERSECTION SIGHT DISTANCES JMC Engineering 9/8/2021 C-400 GRADING PLAN JMC Engineering 9/8/2021 C-410 EXCAVATION CROSS SECTION JMC Engineering 9/8/2021 C-500 UTILITIES PLAN JMC Engineering 9/8/2021 C-510 STORM SEWER PROFILES JMC Engineering 9/8/2021 C-520 SANITARY SEWER PROFILES JMC Engineering 9/8/2021 C-600 LIGHTING PLAN JMC Engineering 9/8/2021 C-900 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-901 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-902 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-903 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-904 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-905 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-906 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-907 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-908 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-909 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 C-910 CONSTRUCTION DETAILS JMC Engineering 9/8/2021 BA-000 COVER & SHEET INDEX Perkins Eastman 9/8/2021 BAS-100 ARCHITECTURAL SITE PLAN Perkins Eastman 9/8/2021 BA-100 PARKING PLAN Perkins Eastman 9/8/2021 BA-101 FIRST FLOOR PLAN Perkins Eastman 9/8/2021 BA-102 SECOND FLOOR PLAN Perkins Eastman 9/8/2021 BA-103 THIRD FLOOR PLAN Perkins Eastman 9/8/2021 BA-104 FOURTH FLOOR PLAN Perkins Eastman 9/8/2021 BA-105 ROOF PLAN Perkins Eastman 9/8/2021 BA-111 TOWNHOUSE PLANS Perkins Eastman 9/8/2021 BA-200 OVERALL ELEVATIONS Perkins Eastman 9/8/2021 BA-201 OVERALL ELEVATIONS Perkins Eastman 9/8/2021 BA-202 ELEVATIONS Perkins Eastman 9/8/2021 BA-203 ELEVATIONS Perkins Eastman 9/8/2021 BA-204 ELEVATIONS Perkins Eastman 9/8/2021 BA-205 ELEVATIONS Perkins Eastman 9/8/2021 BA-211 TOWNHOUSE ELEVATIONS Perkins Eastman 9/8/2021 BA-303 SECTIONS Perkins Eastman 9/8/2021 BA-304 SECTIONS Perkins Eastman 9/8/2021 L-300 PLANTING PLAN MPFP 9/8/2021 L-301 WETLAND BUFFER PLANTING PLAN ON-SITE MPFP 9/8/2021 L-302 WETLAND BUFFER PLANTING PLAN ENLARGMENT MPFP 9/8/2021 L-303 WETLAND MITIGATION PLANTING PLAN OFF-SITE MPFP 9/8/2021 L-304 PLANTING DETAILS MPFP 9/8/2021 FEIS FINAL ENVIRONMENTAL IMPACT STATEMENT AKRF 11/24/2020 WHEREAS, on August 12, 2021, the Planning Board opened a public hearing on the subject applications, which was adjourned to September 9, 2021 and September 30, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the Planning Board closed the public hearing on September 30, 2021; and WHEREAS, the total area of disturbance proposed within the wetland buffer is 2.25 acres which requires a total mitigation area of 4.5 acres pursuant to Village Code §245-9.A(3) which requires mitigation of buffer disturbance at a ratio of at least two to one; and WHEREAS, the Applicant proposes 2.4 acres of on-site wetland mitigation in the form of wetland mitigation plantings as shown on Sheet L-301 entitled “Wetland Buffer Planting Plan On-Site;” WHEREAS, the Applicant proposes the remaining 2.1 acres of wetland mitigation off-site at the Village’s Edgewood Detention Basin as shown on Sheet L303 entitled “Wetland Mitigation Planting Plan Off-Site;” and WHEREAS, the Planning Board has considered the wetland permit standards set forth in Village Code §245-8(A) and finds that the Applicants propose sufficient wetland mitigation in compliance with Village Code standards subject to compliance with the conditions set forth herein; and WHEREAS, the Planning Board has considered the Steep Slopes Work Permit standards set forth at Village Code §213-6 concerning the disturbance of steep slopes associated with the proposed project; and WHEREAS, on September 30, 2021 the Planning Board adopted an Involved Agency Findings Statement pursuant to SEQRA; and WHEREAS, the Planning Board is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board hereby adopts the attached Involved Agency Findings Statement pursuant to the requirements of SEQRA. BE IT FURTHER RESOLVED, for the reasons stated herein, the Village of Rye Brook Planning Board hereby approves the Wetland Permit and Steep Slopes Permit applications for the Project described herein at property located at 900 King Street, upon the following conditions: 1. All references to the “Applicant” shall include the Applicant’s successors and assigns. 2. This approval is conditioned upon compliance with all mitigation measures specified in the SEQRA Findings Statement. The Applicant shall be responsible for the funding and/or implementation of all such identified mitigation measures. 3. The Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. 4. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Advisory Council on Environmental Conservation, the Village Engineer or their designated representatives. b. All permits issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5(B)(7) of the Village Code. c. The permit holder shall provide written notification to the Village Engineer of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The approval authority's permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. f. The permit, including all conditions, shall be binding on all successors and assignees of the permit holder; and BE IT FURTHER RESOLVED, that no permits shall be issued by the Building Department until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On motion by ____________, seconded by ______________, Mr. Michal Nowak, Superintendent of Public Works/Village Engineer, called the roll: MR. GOTTLIEB Voting ___ MR. GRZAN Voting ___ MR. MILLER Voting ___ MR. MORLINO Voting ___ MS. SCHOEN Voting ___ MR. TARTAGLIA Voting ___ CHAIRMAN GOODMAN Voting ___