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HomeMy WebLinkAboutSite Plan Approval 1970-11-23 f30 SPECIAL MEETING HELD NOVEMBER 23, 1970 A special meeting of the Town Board of the Town of Rye was held at the Town Rooms, 10 Pearl Street, Port Chester, New York, on Monday, November 23, 1970, at 8:00 P.M. PRESENT: Supervisor Posillipo, Councilmen Giof£re, Mazin, GoetteL and Zaccagnino and Town vl Clerk Z'uccaro Also present were: Town Attorney Berner and Chairman Ash of Planning Board ABSENT: None A special meeting was called by the Supervisor and cards were mailed by the Town Clerk to all of the Board members, Town Attorney Berner and Chairman Ash of the Planning Board, notifying them of the meeting. The Board discussed the transcript of the Public Hearing held on the Marros property and various pieces of correspondence which were received in connection with the Marros property. After substantial discussion, -the Town Board agreed to make certain changes to meet the numerous requests made by people at the Public Hearing concerning the size of sign, set--back from property lines, the re-design of parking areas and numerous other suggestions. After due consideration and discussion, the follow- ing resolutions were offered: Upon motion of Councilman Mazin, seconded by Councilman Goettel, the following resolution was adopted: WHEREAS, the Town of Rye Planning Board adopted Land Subdivision Regulations on August 7, 1952 and the Town Board of the Town of Rye approved the said regulations on August 19, 1952 and, from time to time, the regulations have been revised and re- structured; and WHEREAS, it appears that in the best interests of- the Town of Rye and in providing for parks and playgrounds And open i space the Subdivision Regulations now needs additional clarifi- cation; N0W, THEREFORE, BE IT RESOLVED, that Section III General Requirements for the Subdivision of Land subdivision E-1 headed Parks, Open Spaces and Natural Features be and is hereby amended t November 23, 1970 1 read as follows: 1. The Planning Board may require adequate, convenient and suitable areas for parks or playgrounds or other recreational pur- poses or ecological use to be set aside on a developer's sub- division plat or on the site plan and this requirement shall includ I but shall not be limited to, hotel zones or an office park complex. In no case, however, shall the area required to be set aside be mar than 107. of the gross area in single ownership. . ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goette,l and Zaccagnino Nays: None Upon motion of Councilman Gioffre, seconded by Councilman Zaccagnino, the following resolution was adopted: RESOLVED, that the Zoning Ordinance and the Land Use Map adopted by the Town of Rye on the 7th day of September, 1954, as amended, be further amended and the 'Town Board of the Town of Rye does, hereby enact as follows: An amendment to the Zoning Code of the Town of Rye to create a zone to be known as H-1 and to be entered and designated a 66-33 of the Zoning Ordinance of the Town of Rye. HOTEL USE Hotels are subject to,the following standards and conditions: 1. DEFINITION Hotel is a building or buildings or portion thereof containing rooms occupied primarily by transient guests who are lodged with or without. meals, which rooms have primary access from public halls and in which there are certain public rooms and meeting rooms and in which are provided such services as are incidental to the use thereof. 2. USE Use of a hotel site and any buildings or structures thereon shall be limited to the usual hotel activities and accessory uses incidental to the operation of a hotel and of the same , general character, provided that all accessory uses shall be planned as an integral part of the hotel and located on ,the same site as therewith. 3.. HOTEL ROOMS a. Each sleeping room shall have an area inclusive of bath- room and closet of at least 225 sq. ft. b. No sleeping rooms shall contain cooking facilities. November 23, 1970 4. SITE a. Developer or holder of the fee shall deed in fee simple to the Town 10% of the total acreage to be subdivided for recreational use by the Town as specified in the Town of Rye Subdivision Regulations or as such regulations as may be amended. b. The minimum site for a hotel and accessory buildings shall consist of 20 acres. C. The site shall have a frontage of at least 400 feet on a highway with 100 foot right-of-way. 5. COVERAGE a. The total coverage of hotel and accessory buildings shall be not more than 12% of the site. b. There shall be no more than 13 sleeping rooms per acre. C. Gross floor area ratio shall not exceed 25%, 6. SETBACKS Buildings shall be set back from property lines at least 175 feet on all sides. 7. BUILDING HEIGHT a. No building shall be more than 4 stories or 40 feet in height measured from average grade to the eaves without regard for other provisions of the Building Code Regu- lations of the Town of Rye. 8. OFF STREET PARKING AND LOADING SPACE Off street parking, loading and unloading space shall be required as follows: a. One space for each guest room. b. One space for every three employees. c. One space for every 4 seats in permanent dining rooms. d. One space per 100 square feet devoted to assembly or conference rooms which may be used for dispensing food or drink. e. One space per 300 square feet of floor area devoted to retail use. f. The total minimum of parking spaces shall be 807. of the sum of above sub-paragraphs (a) through (e), but in no event less than one space for every guest room. 9. ROADS AND PARKING AREAS a. No parking areas shall be located closer than 100 feet. from any property line. - b. Roads shall not be less than 100 feet from property lines except where necessary to allow access onto a State High- way. C. Each parking unit and its access passageways, driveways, turning areas and paths shall be surfaced in accordance with Town regulations. 1J61 November 23, 1970 d. Access and service roads shall be properly related to public streets and highways so as to insure safety con- ditions. 10. PLANTING A detailed specific planting plan to buffer adjoining proper- ties shall be submitted to the Planning Board for approval. 11. SIGNS a. Free standing highway signs will only be permitted adjacent to streets or highways of 100 ft. right-of-way. Such sign shall have no more than a maximum of 150 square feet, shall not exceed 35 feet in height and shall be set back a mini- mum of 10 feet from the street line and not less than 150 feet from the property line. b. One sign facing in a single direction and containing not more than 100 square feet maximum may be attached to roof of a building providing that it does not extend more than 10 feet above the roof, but, in any case, it shall not . exceed a height of 50 feet above grade. _ c. Signs may be illuminated, but no sign will be permitted that has blinking or moving lights or moving parts or will interfere with traffic control devices. d. All signs shall require approval by the Planning Board. 12. EXTERIOR LIGHTING _ Exterior lighting or other illumination shall be permitted providing the light source shall be shielded from any adjacent _ residence district or public street. _ ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None Upon motion of Councilman Gioffre, seconded by Councilma Zaccagnino, the following resolution was adopted: WHEREAS, West Ridge Properties,.Inc. , (a wholly owned qubsidiary of Rock-Hil-Uris, Inc. , which is jointly owned by.Hilton Hotels Corporation and Uris Buildings Corporation) as the contract vendee of a certain 54 acre tract of land known and described as Section 1, Block 5, .Lots 18C, 19F, 19D3A and 19E2A (Marron Property on the Assessment Map of the Town of Rye; .and WHEREAS, on July 21, 1970, the said contract vendee petitioned the Town Board of the Town of Rye to create a proposed zone within the unincorporated area of the Town of Rye which the petitioner requests be known as "H-l' to accommodate a hotel; and - WHEREAS, on or about June, 1970, the applicant requested the opportunity to meet with the Town Board, Planning Board of the Town of Rye and the Zoning Board of the Town of Rye, Recreation �34 November 23, 1970 Commission and Architectural Board of Review for the purpose of discussing the feasability and desirability of such a proposal with a view to obtaining support for a public hearing to create•a Proposed H-1 district; and WHEREAS, on June 16th, 1970, a letter from the contract i vendee to the Town Board requesting that some informal discussions be held and the letter was referred to the Planning Board of the -Town of Rye for study; and WHEREAS, on July 6, -1970, there was a meeting called by the Town Board to explore the proposal with the members of the Planning Board, Zoning Board of Appeals, Recreation Commission, Architectural Board of Review, Town Attorney and Town Engineer when the applicant presented an over-all site plan and broad con- cept of their proposal of their intentions when, as and if their proposal could be accommodated; and WHEREAS, at the said meeting of July 6, 1970, it was concluded by the Town Board that there was an atmosphere which in- dicated to the Town Board-that the proposal had enough of a posi- tive response from the Town Boards and Commissions to support ad- F ditional work sessions and exploratory meetings; and WHEREAS, at a Town Board meeting of August 18, 1970, the Town Board again called for a meeting of the Town Board, Planning Board, Zoning Board of Appeals and the Recreation Commission to be held September 29, 1970; and WHEREAS, between August•18, 1970 and September 29, 1970, numerous exploratory sessions were held between the developers, their traffic engineers and architects and the Supervisor of the Town of Rye, the Town Board, Town Attorney, Town Engineer and the Planning Board and its consultant; and WHEREAS, a third and final draft for an 11-1 pone was drawn up and property advertised in the Daily Item and set down for a public hearing; and WHEREAS, on November 10, 1970, at 8;00 P.M. , a public hearing was held at the Port Chester Junior High School in accord- ance with the Town Law of the State of New York, Section 264 and November 23, 1970 265, at which time all of the statutory requirements were met and all parties were heard in favor of and in opposition to the propos- al; and WHEREAS, the minutes of the public hearing have been transcribed and consist of 139 typewritten p4ges of a hearing which took approximately a full four hours with only one 15 minute recess and WHEREAS, after duly considering all of the comments made for and against the proposal and in addition, taking into con- sideration the various communications received by the Town Board in support and in opposition to the proposal, and the Board having closed the hearing for the purpose of deliverating its decision; an WHEREAS, all the material is before the Town Board with respect to this public hearing; and WHEREAS, the members' of the Town Board having made a personal inspection of the .premises and being familiar therewith; and WHEREAS,-.duly considering all,of the comments of the Town Planning Board, but without adopting their finding as their own, bu considering their recommendations only as an advisory opinion and acting upon the Town Board's independent knowledge and judgement, this Board finds as follows: 1. That after carefully evaluating the testimony at the public hearing of November 10, 1970 and all of the written.communi- cations, it became abu'nduntly clear that certain valid "objections had been raised by residents which required re-examination by the Town Board of the entire proposal. - 2. That in order to protect the health, safety and welfare of the community, certain modifications in the proposal wer, mandatory. 3. That in keeping with the promise made by the Town Board to the public that in so far as possible, all points of view would be respected, the Town Board met with the applicant and made the following changes in the proposal of the H-1 Zone as submitted at the public hearing on November 10, 1970: November 23, 1970 A. Under Item 6 - Setbacks: The ordinance shall be re-written to read "Buildings shall be set back 175 feet on all sides." B. Under Item 7 - Buildin� Height: (a) No building shall be more than 4 stories in height and in no event more than 40 feet in height measured from average grade to the eaves. In the event that a building is constructed with a pitched roof, the height to the ridge line or the highest point of the building measured from the average grade shall not be more than 45 feet. C, Under Item 9 - Roads and Parkin Areas: (b) Roads shall not be less than 100 feet from property lines except where necessary to allow access onto a State highway. D. Under Item 11 - Signs: (a) Free standing highway signs will only be permitted adjacent to streets or highways of 100 feet right of way. Such signs shall have no more than a maximum of 150 square feet; shall not exceed 35 feet in height and shall be set back a minimum of 10 feet from the street line and not less than 150 feet from the nearest property line. (b) One sign facing in a single direction and con- taining not more than 100 square feet maximum may be attached to a roof of a building provided that it does not extend more than 10 feet above the roof, but, in any case, it shall not exceed a height of 50 feet above average grade. And this Board further finds that the changes as herein mentioned, when incorporated into the applicant's proposal, will give even added protection to the nearby residents and community at large in the development-of the installation. November 23, 1970 a , And this Board further finds that the creation of this H-1 Zone into the Zoning. Ordinance of the Town of Rye is wholly within its power and in its discretion to legislate that which this Board determines is in the best interests of the. entire unincorpor- ated area in the Town of Rye for its orderly growth and development N0W, THEREFORE, BE IT RESOLVED, that the H-1 proposed zon be adopted as amended herein and that the entire H-1 Zone, as amended, be attached to this resolution showing the amended section and be it further RESOLVED, that the applicant's application be approved as modified; and be it further RESOLVED, that this resolution shall, be filed with the Clerk of the Town Board forthwith. ROLL CALL: Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Z'accagnino Nays: None Upon motion of Councilman Goettel, seconded. by Councilman Gioffre, the following resolution was adopted: WHEREAS, the West Ridge Properties, Inc. , .(a wholly owned subsidiary of Rock-Hil-Uris, Inc. , which is jointly owned by Hilton Hotels Corporation and Uris Buildings Corporation) is the contract vendee of a .certain 64 acre tract of land and which property is known and described as Section 1, Block 5, Lots 18C, 19F, 19D3A and 19E2A (Marros property) on the assessment map of the Town of Rye; and -WHEREAS, on July 21, 1970, the said contract vendee petitioned the Town Board to amend the 'sand Use Map of the Town of Rye dated September 7, 1954, to delineate a particular section thereof from R-10 to accommodate a hotel zone to be known as H-1; and WHEREAS, the portion of the entire tract of 64 acres is a particularly described section of 35.609 acres which is bounded and described as follows: ALL that parcel of land together with the building erected thereon in the Town of Rye, County of Westchester and State of New York, bounded and described as follows: BEGI14NING at a point on the northeasterly side of West- chester Avenue where the same .is intersected by the northwesterly line of land of The Dickbar Corporation and distant as measured November 23, 1970 along said northeasterly side of Westchester Avenue 800 feet northwesterly from the westerly end. of a-curve having a radius of 45.63 feet and length of acre of 90.67 feet connecting said northeasterly side of Westchester Avenue and the northwesterly side of Ridge Street; thence running along said northeasterly side of Vest- chester Avenue, 550 51, 0001 1087.40 feet to the. easterly line of land shown on "Map No. 2 of Rye 'Hills dated June 1, 1950 and filed in the Office 'of the County Clerk, Division of Land Records, formerly Register's Office of Westchester County, New York, on June 13, 1950 as map number 7093; thence running along said last mentioned land North 40 16, 10" East 1310.64 feet to the southerly line of a lot designated as Lot 97 on a certain map entitled "Map of Rye Hills" dated March 31, 1950 and filed in said office on May 17, 1950 as map number 7064; thence running along the southerly line of Lots 97 and 96 on said last mentioned map, South 84 ' 451 2011 East 296.47 feet to the westerly line of Lot 87 on said map number 7064; thence running along the westerly line of Lots 87.86 and 84 on said last mentioned map, South 50 141 40t1 West 270 feet to the southerly line of Lot 84 on said map number. 7064; thence running along the southerly line of Lots 84 and 69 eross6ng a parcel shown as Beacon •Lane on said map 7064, South 63 351 08" Fast 226.20 feet and South 72 451 10" East 194.32 feet to the westerly line of Lot 67 on said map number 7064; thence running along the westerly line of Lots 67, 66, 65, 64, 63 and 62, South 340 10' 0017 East 425.41 feet to the southerly line of Lot 62 on said map number 7064; -= thence running along Lot 62, 61 and_38 as shown on Map . .of Rye Hills filed Map #7064, North 810 37 minutes. East 372.361 to an angle point; thence running in a southerly direction through property of West Ridge Apartments South 30 50 minutes 06 seconds East 507.02' to property now formerly of West Ridge Apartments; thence running along West R .dge.'Apartmeats the,two following courses and distances: South 380 16 minutes 36 seconds worth 576.721 South 340 09 minutes West 250.001 to the northerly side of Westchester Avenue to .the point or place' of beginning containing 35.609 acres. and WHEREAS, the applicant requested the opportunity to meet with the Town Board., Planning Board of the Town of Rye, Zoning Board of the Town of Rye, Recreation Commission and Architectur= al Board of Review for the purpose of discussing the feasabil ity and desirability of utilizing 35 of the 64 acres fora contemplated hotel in order to review the topography and gener- al land conditions and with a view to obtaining support for a public hearing to request a division of this parcel into two November 23, 1970 , : separate zones - R-10 and H-1; and WHEREAS, on June.16, 1970, a letter from the contract vendee to the Town Board requesting that the applicant be given an opportunity to present a site study to the Planning Board of the 17 Town of Rye for study showing how the R-10 zoning could be main- tained and still accommodate a use for the balance of the property under a proposed H-1; and WHEREAS, on July 6, 1970, there was a meeting called by the Town Board to explore the possibility of amending the Land Use Map when the Town Board, the Town Attorney and the Town Engineer were present along with the Planning Board, Zoning Board of Appeals Recreation Commission and Architectural Board of Review, the appli- cant presented a topographu study and feasability study of the land and WHEREAS, at the -meeting of July 6, 1970, the Toom Board concluded that there was sufficient interest by the Boards and Com- missions to recommend a change in the Land. Use Map and that additio" al meetings should be called to explore this possibility; and WHEREAS, on August 18, 1970, the Town Board again called for a meeting of the Town Board; Planning Board, Zoning Board of Appeals and Recreation Commission, to be held September 29, 1970; and WHEREAS, between August 18, 1970 and September 29, 1970, numerous exploratory meetings were held between the applicant, its engineers, architects, landscape architects, the Supervisor of the Town of Rye, the Town Board, Town Attorney, Town Engineer and the Planning Board and. its consultant; and WHEREAS., the matter of amending the Land Use Map of the Town of .Rye dated September 7, 1954, was properly advertised in the Daily Item and set down for a public hearing; and WHEREAS, on November 10, 1970, at 8:0.0 P.M., a public hearing was held at, the Port Chester Junior High School in accord- ance with the Town 'Law of the State of New. York, Section 264 and 265 when all of. the statutory requirements were. met and when all, parties were heard for and and against amending the Land Use Map of the Town of Rye; and ` November 23, 1970 WHEREAS, the minutes of the public hearing have been transcribed and consist of 139 pages of a hearing which took ap- proximately a full four hours with only one 15 minute recess; and WHEREAS, AFTER DULY CONSIDERING ALL OF THE C01MENTS MADE for andagainst the amendment of the -Land Use Map and, in addition, taking into consideration the various communications received by _ the "town Board in support and in opposition to the proposal; and WHEREAS, all the material, maps and topography studies regarding the proposed amendment is before this Board, after the public hearing on the question; and WHEREAS, the members of the Town Board having made a personal inspection of the premises and being familiar therewith; and WHEREAS, duly considering all of the comments of the Planning Board but without adopting their findings but considering their recommendations only as an advisory opinion and the Town Board acting upon their own independent knowledge and judgement, this Board finds as follows: 1. That after carefully evaluating the testimony at the public hearing of November 10, 1970, and all of the written communications, we recognize that the property under consideration abuts a State Highaaay where there are already office buildings, corporate headquarters and a large apartment house. 2. That this Board has evaluated the location of these particular 35 acres as it relates to the entire 64 acre tract and believes the contemplated use is in harmony with the character of the State Highway on which it has its frontage. 3. . That this amendment to the Land Use rtap will ultim- ately have the long range effect of preserving "open space" in the Town of Rye due to the restrictive land coverage under the pro- posed H-1 Zone for "Inn Use". 4. That the unique topography of the land Iends-itself to an "Inn" rather than R-10 which calls for 10,000 square feet for each dwelling. And this Board further finds that it has contemplated the ultimate use of the remaining "open lands" in the Town of Rye November 23, 1970 41 and finds that the proposed use will not be detrimental or in- jurious to the orderly growth and development of the community. And further, that the size of the proposed buildings in relation to the available acreage and the unique topography of the land will not adversely affect the general character of the area. NOW, THEREFORE, BE IT RESOLVED, that the 35.609 acre portion of the 64 acres of land known as the Marros property and on the Tax Assessment Map as Section 1, Block 5, Lots 18C, 19F, 19D3A and 19E2A as described herein in metes and bounds be and they here- by are designated as H-1 on the hand Use Map and that such change be made on the band Use Map in accordance with Town 14aw and that the application be approved; and be it further . RESOLVED, that the resolution be filed with the Town Clerk forthwith. ROLL CALL- Ayes: Supervisor Posillipo, Councilmen Gioffre, Mazin, Goettel and Zaccagnino Nays: None At the conclusion of the meeting, Supervisor Posillipo stated that all the resolutions approved at this meeting would be .read aloud at the next meeting of the Rye Town Board which will be held on December 15th, 1970. There being no further business, the meeting adjourned at 10:00 .P.M. GERALDI UCCAR0 Town erk