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HomeMy WebLinkAboutBOT Resolution 2013-1-22 l r l,f— —RD i 5r1 On a motion made by Trustee Rednick and seconded by Trustee Heiser the following resolution is adopted. CONSIDERATION OF AN APPLICATION FOR APPROVAL OF AN ��G pEpP�N1EN AMENDED SITE PLAN APPLICATION BY K&M REALTY GROUP,LTD FOR PROPERTY LOCATED ON BOWMAN AVENUE B`y1Lp�N WHEREAS, the Board of Trustees is in ratipt of an application by K&M Realty Group,Ltd.for approval of an amended site plan to increase the density from 10 dwelling units to 18 dwelling units on property located on Bowman Avenue, deeignaeed as Patud ID 141.26-1-1.1 and 141.26-1-1 on the Town of Rye Tax Map and located in the C1 Zoning District and the Scenic Roads Overlay Distdct;and FILE COPY WHEREAS,the Board of Trustees reviewed the following plans and application materials: 1. Site Plan Application revised 4/18/12 2. Site Plan Suhm idd Review Check List revised 4/18/12 3. Full Environme W Asaeaament Fawn(Part 1)revised 6/26/12 4. Traffic Generation Letter to the Planning Board from John Meyer Consuldn& P.C,Amwnk,N.Y.dated]uly 12,2012 S. Traffic Generation Letter to the Planning Board fiom joha Meyer Consulting, P.C,Armonk,N.Y.dated June 27,2012 6. Daft Padang Analysis Memamadum to Frederick P.a&*Associates firom John Meyer Conanitiog;P.C,Armonk,N.Y.dated July 16,2012 7. Letter to the Planning Board from John Meyer Consulting,P.C,Armonk,N.Y. dated September 27,2012 & Memomndum regarding School-Aged Children Pivjecdons to Frededcl,P.Ch* Associates Emm John Meyer Conanldng,P.C,Armonk,N.Y.dated August 30, 2012 9. Memorandum to Frederick P.Clack Associates from John Meyer Cooseiltin& P.C.Armonk,N.Y.dated August 31,2012 10. Memomn&=to Fmledclk P.QukAssociates fiom]ohn Meyer Consulting; P.C,Armonk,N.Y.datcdJuly 12,2012 11. Memorandum regasdmg Updated Flood P1aiu hdar nation to Mr.Kip Konigsberg fmta John Meyer Consulting,P.C,Armonk N.Y.dated June 27, 2022 12. Meaxmndum regarding the List of Permits and Approvals Required from John Meyer Consulting,P.C,Armonk,N.Y.dated July 12,2012 13. Memoandum regarding the List of Permits and Approvals Requited from John Meyer Consulting,P.C,Armonk,N.Y.dated June 26,2012 14. Memwandum regarding the List of Interested Agencies from John Meyer Coasnitin&P.C,Armonk,N.Y.dated July 12,2012 IS. Memorandum regarding the List of Interested Agencies from John Meyer Consulting,P.C.,Akmonik,N.Y.dated June 26,2012 16. Building Plans,Sectim and Elevations,prepared by Taylored Building Soludcas,Taylor P.A.,dated August 28,2011 and August 30,2011 ]7. Wetlands Dctmminat Report prepared by Evans Associates,Bethany,C.T. dated June 22,2012 18. Letter from united Water Westehgater to John Meyer Consulting,Armonk, N.Y,dated June 24,2012 19. Lem=from the Hapdson Central School Distact to Mr.Kip Konigsberg dated June 20,2012 20. Letter to the Rye Brook Planning Board from IGp Konigsberg,Purchase,N.Y. dated June 25,2012 21. Letter to the Rye$rook Village Administmtrt from Kip Konigsba&Purchase, N.Y.dated March 15,2012 22 Mmorandum Fire�g Emergency �es Review from the Rye Brook Building Inspector dated Jnly 20,2012 23. Memoandum rgP:ding Emetgency Services Review fiom the Rye Brook Building and Fire Inspector dated November 9,2012 24. Zoning Memorandum to the Village Board of Trustees from the Rye Brook Building and Fire Inspector dated April 30,2012 25. Zoning Memorandum to the Village Board of Trustees from the Rye Brook Building and Fire Inspector dated Match 26,2012 26. Letter regarding Frontage,Right-of-Way and Highway Takings to the Rye Brook Building and Fire Inspector from John Meyer Connultiug,Armonk,N.Y.dated September 19,2012 27. Letter regarding ESTF Review to the Rye Brook Building and Fue Inspector f om John Meyer Consulting,Armonk,N.Y.dated August 31,2012 28. Memarandum to the Village of Rye Brook Planning Board from Dolph Rotfeld Engineedng.P.0 dated October 8,2012 29. Letter from Kip Konigsberg to the Honorable Joan L.Feinstein and the Members of the Board of Trustees dated October 28,2012 30. letter from Kip Konigsberg to the Honorable Joan L.Fcrostein and the Members of the Board of Ttuatees dated Novembet 19,2012 31. Memorandum to the Village Board of Trustees from Dolph Rotfeld Engineering P.0 dated November 20,2012 32. Letter from Kip Konigsberg to Honorable Joan L.Feinstein and the Members of the Board of Tmstees dated November 21,2012 33. Memorandum to Village Adminiattatoc Christopher),Bradbttty from Dolph Rot Wd Engineering,P.0 dated December 6,2012 34. Memorandum to the Village Planning Board from Frederick P.C&&Aseodates, Inc dated June 14,2012;July 11,2012;September 21,2012,and October 5,2012 35- Frigirt Sit-Plans prepared byJohn Meyer Consulting,Armonk,N.Y.: M-1 cowsbset 4/7/06 ter.7/12/12 M-2 E,dstgCoadWnt/il%kxkD#Avm*s 4/7/06 rev.9/27/12 M-2A Ow=U Si*PAw 1/10/07 rev.4/18/12 M-3 I-O Plod 4/7/06 ter.9/27/12 M-3A LOW (SIMW 5/30/07 rev.3/7/12 M-311 Opar,SPMPAW 4/24/12 M-4 Graft PI" 4/7/06 rev.9/27/12 M-4A Gradiig P/dx(Sko) 5/30/07 rev.3/7/12 M-5 Ui 4krPAw 4/27/06 rev.8/29/12 M-6 St madEmrw'sCondo!/IlrabrQrraAY Afi**R Pfau 4/7/06 rev.4/18/12 M-6A SerfWd mad EMM.,Csatml/Wd*r,QW Jo , Mitdksa Flair(Sri ) 5/30/07 rev.3/7/12 M-7 L"Amping Ploy 4/7/06 rev.12/7/12 M-7A L-dwvftPkw(Ship) 5/30/07 rev.3/7/12 M 7B L4wjg ' x 4/7/06 rev.4/18/12 M-8 Sib Ddaik 4/7/06 ter.3/7/12 M-9 Sits Dda& 4/7/06 rev.3/7/12 M-10 Sift Dddli 4/7/06 rev.3/7/12 M-11 Site Detdd& 4/7/06 rev.3/7/12 M-12 Sib Dddb 12/6/06 rev.3/7/12 M 13 UAZYPMOU 2/8/07 rev.3/7/12 M44 Miiirtt mew Fow. 3/7/07 rev.3/7/12 M-15 Rudk ow 6/23/08 rev.3/7/12 0/21/OS Sxn,g MPIny 11/19/93rev WHEREAS, site plan approval was previously granted by the Board of Trustees on July 24,2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act C SEQRA-)on December 16, 2006 folloving the preparation of a Draft Environmental Impact Statement and Final Environmental Impact Stateitrent;and WHEREAS. on May 8, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act(SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinstr .d review; and WHEREAS,on May 8,2012 the Board of Trustees re&rted the application to the Village of Rye Brook Planning Board for Report and Recommendation;and WHEREAS, on September 17, 2012 the application was referted to the Westchester County Department of Planning;and WHEREAS, on September 18, 2012 Notice of Intent to Declare bead Agency was distributed to all Involved agencies;and WHEREAS, the Planning Board of the Village of Rye Brook submitted a : Report and Recommendation to the Board of Trustees dated October 11,20012;and WHEREAS, the Westchester County Department of Planning issued comments dated October 15, 2012 and the Board of Trustees notes the following with respect to Westchester County's comments: I. C2m=nt#1-The Board of Trustees and Planning Board has similarly enwutaged the Applicant to set aside of portion of the units as affordable housing,however,according to the Applicant affordable housing has been explored but is not fesible, 2. 1:amment#2—The Board of Trustees notes that the development plan for the paasive park on the "strip" portion of the property (Parcel ID 141.26-1-1)was previously approved by the Board of Trustees in 2007 and the only modification eutrently proposed is the recon0guration of the proposed Emergency Boat Iauncli. The Board of Trustees fattier notes that shared psrking at the Rye Ridge Shopping Center,as recommended by the County, would not be preferable to the Village as the Rye Ridge Shopping Cesar is private property and the number of parking spaces at the Rye Ridge Shopping Center is currently nonconforming: 3. Comment #3 —AppwvW of the project Will be conditioned upon the submittal of a final, detailed monitoring and msin a*+�'� plan for all atortnovater management facilities to the satisfaction of the Village Engineer/Supetintendent of Public Works and/or consultant. 4. S=Mcnt #4— Comment noted. Approval from Westchester County Departm=t of Public Works and Transportation for a curb cut on Bowman Avenue is required. S. Comment #5 — Comment noted. Although the Applicant obtained a Stream Control Permit from Westchester County Department of Public Works and Tiansportsdon in connection with the Site Plan approved by the Board of Trusa m in 2007,the Applicant must reapply for a Stream Control Permit in connection with this Amended Site Plan application. 6. C=Mt#6—The sewage flows generated by the Amended Site Plan are projected to be less than the sewage flows projected in connection with the Site Plan approved in 2007. Nonetheless, the Applicant has offered to contribute $50 per dwelling unit toward a future inflow and infiltration study in the VSlagc 7. Comment#7—The Applicant Will revise plans to include a bike rack or similar b&e parking area. WIMMEAS, the New York State Department of Environmental Conservation issued comments dated October 15, 2012 and the Village has confirmed with New York State Department of Environmental Conservation that the pp e:istimg SPDBS Permit remains valid and will apply to the improvements proposed in G connection with this Amended Site Plan application;and WHEREAS, on November 9, 2012 the application was ref=r m the Town/VtIlage of Harrison and the City of Rye pursuant to General Municipal Law 9239-am and WHEREAS,on November 13,2012,the Board of Trustees opened a public hearing on the subject site plan application,at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application,and the Board of Trustees closed the public hearing on December 11,2012-and WHEREAS, the Pillage Planning Consultant; Village Engineedag Constilmnt,Wage SWT. Plttaning Board and the Board of Trustees reviewed the information and submitted comments regertding the application. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be Lead Agency for the Project pursuant to SFQRA,and BE IT FURTHER RESOLVED, that the Board of Trustees hereby detenmines that, based upon the information stated In the EAF and supplemental information regarding impacts related to traffic,generation of school-age children, parking, municipal services, stotmwatcr management, aesthetics and other relevant environmental iaapacts, the Project will not result in any significant adverse environments]imparts not addressed or inadequately addressed in the environmental review of the Site Plan approved by the Board of Trustees in July 2007 and therefore, the Project does not require the preparation of a Supplemental Environmental Impact Statement;and BE IT FURTHER RESOLVED, that the Board of Thmmes hereby determines that the Project will not result in any significant adverse environmental Impacts based upon the Wfotraadon stated in the EAF and supplemental information,and hereby adopts the annexed Negative Declaration;and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan application referenced herein,upon the following conditions: 1. Prior to the issuance of a building permit,the Applicant shall submit the site plates to Westchester County Department of Health,Westchester county Department of Public Works and Transportation, New York Saute Deparmuent of &mironmental Conservation, United States Army Coqu of F-4neeta and United Water Westchester for review and issuance of any and all neccasuy approvals. Sadsfacdon of this condition shall be determined by the Village Attomey. 2. Prior to the iw=ce of a building permit;the T ndscape Plan shall be revised to the satisfaction of the Village Planning Camsdtant in &ccoul ace with the (allowing comments in the Village Planning Consultant's email memorandum,dated November 15,2012. IL Comment #1: Remove the two non-native, firfuive plant apedes, Rosa rugosa and Yana minor,specified on Sheet M-7 gad replace them with two native non-invasive species. b. Comment#3: The number of native evergreens and the number of non-native Austrian Pines should be adjusted sO that 2/3 of the huge evergreens is the planting plan are native species. P a Comment 5: Provide planting plans for the pkandag beds in front of Buildings 5 and 6,and Building 7. 3. Consistent with comments Etc=Weetcbemter County,set forth in its memorandum dated October 15, 2p12, to Offset projected increases in sewage flows from this site into crWing infrastructure, including adding volume of sewage&M nquidng treatment at one of the treatment plans operatzd by Westchester County,the Applicant ham of cwd to coattibute and shall contribute $50 per dwelling unit unvaed a future Maw and infiluation study : in the VMQR& 4. A copy of this Mooludon shall be attached to the building permit application. 5. Conditions of approval for development ate as follows: a Construction of basements,now and in the fugue aball be probA dted. Gangs and attics shall not be converted to habitable areas. b. Pad dag shall be prohibited along the entire access road and all naval aisles. It shag be the tcsponat'W4 of the Applicant and subsequently the Homeowners Association to place and maintain appropriate traffic regulation s pap sad enforce the"no parldne rules. a Additional buaft balk or struct tes of any kind (rockudiag,but not limktm to additions to bufl&r, decks, enlnrgemmt of patina at waIIcways, or Placement of sheds at other accessory struetutex) shall be ptolubited by deers restriction and/or other appropriate measures subject to prior written approval by Vrllage Co=seL 71c:f regeing shall not ine]nde repsin or rebuiking as acghmay spprovod. d. Provision of a foal Tree Pn,,eevatdon and Protection Plan to the wtisfactian of the VMW Engineer/Superiatendcnt of Public Works and/or consulmnts. a lsavance of a Steep Skopea Work Permit and a Peamit to Pedotta Regulated Activities in a Wedand by the Vrllagc of Rye Brook Phoning Boatel E Provisioa of a final landsempe plan to the satisfaction of the ViDage Enginaet/Supeantendcut of Public Worm and/or canaokaots. I i g. Provision Of*Final Stattruwater Management Plan to the satisfaction of the VMW Engineer/Superntendent of Public Works and/or consultants. h. Provision of a Final F,rodan and Sediment Control, Plan to the nusfactm of the. Village Englam/Superintmdcnt of Public Works and/or consultants. J i Provision of a final, detailed monitoring and maintenance plan for all wedand buffer and steep scope plantings to the sat6raction of the village Engineer/Superintendent of Public Wotks and/or oonsnkants.The Applicant and c.amdly the Homeowners Association at C,00domiaium board shall be required to inspect;maintain, and replace any and all wedand bufli'er plantings and sWP altrpes PlMdur aD compl with the design standard intended,the Mquirements of the Village Code and to the satisfaction of the Village Eagineer/Sqedrunadeut of Public Works and/or c0n5trltttats. j. Provision of it final, detailed monitoring and maintenance plan far all.atormwater managem=t facilities to the satisfaction of the Pillage Engineer/Supetiateadent of Public Works and/or coastdtants.The Appk=and eventually the Hameowaets Association or Condominium Bound shall be requited to inspect, mainfam and repair all storrrrwater management structures and Appurtenances in accordance with the approved plan to insure the Proposed stormwater matmgnnaent fadities function to the standards and objectives of the Village of Rye Brook sumnwater maaagunmt otdiasace and to the satisfaction of the Village Pngineer/Supezintendent of Public Works and/or consultants. k. Provision of a final, drained monitoring and maintenance plan far an ahxp akpe rlp.mp or Other stabilization construction to the satiafsctiou of the VMW F..ngincer/Superintendent of Public Wogs and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall.be mquited to Inspect, maintain,repair and be responsible for momtadng and rrraintniaiag the stability of steep slopes on the Property to the design standard inteo&d, the requirements of the Village Code and to the satisfaction of the Village FVnem/SupeonMrdent of Public Wodcs and/or consultants. L The monitoring and maintenance of all stormwater =Anmgen=t 6cilitics, vvtdand buffer and steep slope:~pkandgp and rip rap or other stabilization construction nxpired by the conditions of this resolution that ate to be the reeponsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan, subject to the prior written appmv'I of the Village Attorney. m. Provision of a final construction management plan, for the entire site prior to gtaanting of a building permit that includes specific titres and routes for trucks aseting Material to And from the site,including potential Muck routes, number of tmcki6 number of tips,dust and noise mitigation measures and cuotdiaation with the Pout Cheater Middle School schedule to avoid traffic con9icn during school arrival and diamiaaal times for approval by the Village Laoginccr/Superintendent Of Public Wmdma bra,and police services and any other consultants determined to be necessay by tht Village Engineer/Supesintendemt of Public Works. Work shall be staged to minimize the number of trucks present at the site at my one time. n. Use of a turbidity curtain during construction and/or any other method or methods determined to be neoeseary by the Village Engineer/Superintendent of Public Works, consultants or other approving agencies, to Prevent migration of silt into the water environment surrounding the site. o. The Applicant, Its aucceasors or assigns, shall include text acceptable to the Village Attomey in the Offering PIan for the proposed Condominium or Homeowner's Association, advising Prospective pnrehum of conditions 5(a) to (c) and A to (), (,�, (a), (0, (u). M=c shall he no amendments to the Offering Plan, by-laws or Rules and Regulations concerning Items 5(A) to (c); n to Q), (q), (s), (0, (n) of this Resolution without prior approval of the Village Board of Trustees. p. The Applicant, its successors or assigns, shall include language acceptable to the Village Attorney is the deeds to the Individual units eoncerring conditions 5(a)and 5(c). q. Placement of a 35-foot wide permanent conservation easement on the Peninsula running parallel to the hoot property line along the entire Bowman Avenue frontage of the Peninsula to preserve the landscape buffet created on the Peninsula pursuant to the regairements of the Scenic Roads Overlay District The Applicant shall provide the conservation casement for review and approval by the Village Board of Trustees prior to the issuance of a building permit 1caping installed between the Bowman Avenue right-o&ny and the zesidential units within the conservation easement ahall be wed,according to the requirements of the conservation easement, by the Applicant and thereafter by the Condominium Board or Homeowners Association. Z. Installation of a landscape buffer along the Bowman Avenue frontage of the Peniosvia suffidtat to screen views of the buildings from the street, to the astidaetion. of the Village Engineer and/or Consultants. a. No acdvity of any type ahall be permitted on rip- rap steep slopes except required maintesmanca APProPEism age to that effect ahsA be inatalled and mlatained by the Applicant and thereafter by the Homeowners Assoedrtinam or Condominium Board. t. Construction of docks or any other structures cw=dmg into the watetroutse or pond shall be prohibited u. Swimmir g,boating,fishing or other water related recreational activities shad be prohibited. Appropriate aignage to that effect shall be installed and mairmioed by the Appliomt and thereafter by the Homeowners Association or Condominium Board and induded in the Condominium's Offering Plan, By-Lows and Rules and Regulations. v. Cotstruction traffic shall be scheduled to avoid generation of construction related traffic that coincides with roadway peak hours. w. The property shall be apportioned into two lots as dwtincatm by the existing tax lots 1-1 and 1-1.1 by the Village, if the Village deter mines in its axle discretion to receive the strip (I:.ot 1 1) as a Passive Pubes Park z Construction of A] improvements to the St rip (Lot 1-1)as shown on the Site Plan approved by the Board of Trastces by Resolution dated July 24, 2007 and as amended by the Site Plan approved herein, shall be compkted prior to offering du Strip for de410 tioti to the Village and Within eighteen(10)months of the issuance of the first Building Permit for the eighteen residential JI units on the Peninsula or print to issuance of the last residential Certificate of Occupancy, whichever occurs earlier Y. Prior to the issuance of any building permits, a 100%pufonman bond shall be ndmmitted in a sum determined by the Village Engineer/Sups tinteadeat of Public Wodts and shall be furnished to and accepted by the VMsge, to guaraatm the satisfactory Lad oompkte Installation and construction of all inf>mastrnctute and public irpravcmenttt, as determined appropriate by the VMW Engitim/Superintendent of Public Wodm tin the Peninsula, including landseapiag, wm%e, water, drainage, roads, sediment and erosion control measures, sidewalb, stomrwater I V det melon, and watercourse bier adurtiou apptoved as to forma by the Village Attomey. >w The Applicant shall provide to the Village,a landsmPe maintenance bond in the amount of which is to be determined by the rjap Pn&=/Superintendent of public Wado is a form ssdsfactoty to the Village Attorney. A bond With a minimum t= of two years commencing upon the issuance of the eth certificate of occupancy shall be posted Sot the m2kftnance of general srte landscgm& the laadsopmg to thereafter be maintained and replaced as necessary. 6. Amended Site Pbw approval shall cxpim one year from the date of this resoluton. Upon written request,the Board of Trustees racy ertmd the acpitatfaa date foot additional periods of time,each such period not exceeding scr months.neon good cause shown. BE IT FURTHER RESOLVED, that the approval gmated herein shall become null and void if the Applicant does not pay to the Village an applicable fees and professional Miew fees incurred in connection with review of this AppTi m&m within 45 days following the date of this resolution. TRUSTEE HE AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG NAY MAYOR FEINSTEIN NAY STATE OF NEW YoRK COUNTYOFVV9=HEsj as: VILLAGE OF RYE BROOK I hereby certify that This Is the Resokrtion adopted by the Board of Trustees of the Village of Rye Brook which was duty passed by said Board on January 22 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 23 6yo Januar p13 Christopher J. 33 adbu a9s O"