HomeMy WebLinkAboutBOT Resolution 2014-1-28 On a motion made by Trustee Epstein and seconded by Trustee Hesier,the
following resolution was adopted.
RESOLUTION
CONSIDERATION OF AN APPLICATION FOR APPROVAL OF A
SECOND AMENDED SITE PLAN APPLICATION BY K&M REALTY
GROUP,LTD
FOR PROPERTY LOCATED ON BOWMAN AVENUE
WHEREAS, the Board of Trustees is in receipt of an application by K&M
Realty Group, Ltd. for approval of an amended site plan to decrease the density
from 18 dwelling units to 10 dwelling units on property located on Bowman
Avenue, designated as Parcel 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
District;and
WHEREAS, the Board of Trustees reviewed die following plans and
application materials:
I. Site Plan Application dated 11/4/13
2. Site Plan Submittal Review Check List dated 11/4/13
3. Short Environmental Assessment Form(Part 1) dated 11/4/13
4. Letter to the Rye Brook Village Board of Trustees from Kip Konigsberg,Purchase,
N.Y.dated November 14,2013
5. Engineer's Site PIans prepared by John Meyer Consulting,Armonk,N.Y.:
Sheet Number Sheet Title Dated
M-1 Cover Sheet 4/7/06 rev.
12/16/13
M-2 Existing Conditions/Wetlands Delineation 4/7/06 rev.
12/16/13
M-2A 0veradl Site Plan 1/10/07 rev.
12/16/13
M--3 Layout Plan 4/7/06 rev.
12/16/13
M-3A Layout Plan(Sinp) 5/30/07 rev.
12/16/13
M-3B Open Space Plan 4/24/12
MA Gradin
72/16/13 g Plan 4/7/06 rev.
M-4A Grading Plan(Strip) 5/30/07 rev.
12/16/13
M-5 Utilities Plan 4/27/06 rev.
12/16/12
M-6 Sediment and Erosion Controll WaterQzrako
12/16/13 Mitigation Plan 4/7/06 rev.
M-6A Sediment and Emsion Coamll WaterQmality
Mitigation Plan(Strip)
12/16/13 5/30/07 rev,
M-7 S wdscaping Plan 4/7/06 rev.
12/16/13
M-7A Landscap4gg Plan(Strop) 5/30/07 rev.
12/16/13
M-7B LighlvzgNarz 4/7/06 rev.
12/16/13
M-8 Site Detailr 4/7/06 rev.
12/16/13
M-9 Site Details 4/7/06 rev.
12/16/13
M-10 Site Details 4/7/06 rev.
12/16/13
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M-11 Site Details
4/7/O6
12/16/13 rev.
M-12 Site Details 12/6/06 rev.
12/16/13
M-13 Utility Profiles 2/8/07 rev.
12/16/13
M-14 Mueellaneous.I zgvres 3/7/07 rev.
12/16/13
M-15 $esolsrtions 6/23/08 rev.
3/7/12
SU-1 Survey of Prope?ty 11/19/93rev.
10/ /08
WHEREAS, site plan approval was originally granted by the Board of
Trustees on July 24,2007 after the Board of Trustees adopted a bindings Statement
pursuant to the New York State Environmental Quality Review Act ("SEQRA") on
December 16, 2006 following the preparation of a Draft Environmental Impact
Statement and Final Environmental Impact Statement;and
WHEREAS, on January 22, 2013 the Board of Trustees approved an
application for an amended site plan to increase the density of the project from 10
single family dwelling units to 18 dwelling units consisting of nine (9) attached two-
family dwellings,which approval was scheduled to expire on January 22, 2014,but
was extended to February 28, 2014 by resolution of the Board of Trustees on
December 16,2013;and
WHEREAS, the Applicant now proposes to reduce the density back to the
10 single family dwelling units approved in 2007, with certain building changes
approved on January 22,2013 that include increased building gross floor areas;and
WHEREAS, on November 26,2013 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 coordinated
review;and
WHEREAS, on November 26, 2013 the Board of Trustees referred the
application to the Village of Rye Brook Planning Board for Report and
Recommendation;and
WHEREAS, the Planning Board of the Village of Rye Brook submitted a
Report and Recommendation to the Board of Trustees dated December 12, 2013;
and
WHEREAS, on December 20, 2013 the application was referred to the
Town/Village of Harrison, Port Chester-Rye Union Free School District and the
City of Rye pursuant to General Municipal Law §239-nn and the Westchester
County Administrative Code;and
WHEREAS, on December 20, 2013 Notice of Intent to Declare Lead
Agency was distributed to all Involved agencies; and
WHEREAS, on December 20, 2013 the application was referred to the
Westchester County Department of PIanning;and
WHEREAS, the Westchester County Department of Planning issued
comments dated January 13, 2014 and the Board of Trustees notes the following
with respect to Westchester County's comments:
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I. Response t Comment #1 - The Board of Trustees and Planning Board
have similarly encouraged 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 feasible;
2. Response to Comment #2 — The Board of Trustees notes that the I
development plan for the passive 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 2013. The Board of Trustees further notes that
shared parking at the Rye Ridge Shopping Center, as recommended by
the County, would not be preferable to the Village as the Rye Ridge
Shopping Center is private property and the number of parking spaces at
the Rye Ridge Shopping Center is currently nonconforming.
3. Response to C mment#3—Approval of the project will be conditioned
upon the submittal of a final, detailed monitoring and maintenance plan
for all stormwater management facilities to the satisfaction of the Village
Engineer/Superintendent of Public Works and/or consultants,
4. Response to Comment 44 -- Comment noted. Approval from
Westchester County Department of Public Works and Transportation for
a curb cut on Bowman Avenue is required.
5. Response to Comment #5 — Comment noted. Although the Applicant
obtained a Stream Control Permit from Westchester County Department
of Public Worlcs and Transportation in connection with the Site Plan
approved by the Board of Trustees in 2007, the Applicant must reapply
fox a Stream Control Permit in connection with this Amended Site Plan
application.
6. Response to Comment#6—The Applicant has offered to contribute 450
Pei: dwelling unit toward a future inflow and infiltration study in the
Village.
7. Response to Comment#7 m-The Applicant will revise plans to include a
bike rack or sitnilar bike parking area.
WHEREAS, on January 28, 2014, 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 January 28,2014;and
WHEREAS, the Village Planning Consultant, Village Engineering
Consultant, Village staff, Planning Board and the Board of'Trustees reviewed the
information and submitted comments regarding the application.
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees
hereby declares itself to be Lead Agency for the Project pursuant to SEQRA;and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
determines that, based upon the information stated in the RAF and supplemental
information in the record regarding impacts related to traffic,generation of school-
age children, parking, municipal services, stormwater management, aesthetics and
other relevant environmental impacts, the Project will not result in any significant
adverse environmental impacts not addressed or inadequately addressed in the
enviromnental review of the Site Plan approved by the Board of Trustees in July
2007 and January 2013 and therefore, the Project does not require the preparation
of a Supplemental Environmental Impact Statement, however, in the event the
Village take title to the "Strip," deternnes to use a portion of such property as a
dog park, and develops plans for such use, the Village shall undertake the
appropriate environmental review of such use pursuant to the State Environmental
Quality Review Act at that time;and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
determines that the Project will not result in any significant adverse environmental
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impacts based upon the information stated in the RAF and supplemental
information,and hereby adopts the annexed Negative Declaration;and
BE IT FURTHER RESOLVED, that upon written request of the
Applicant, dated December 4, 2013, and due to the scope of the proposed
amendments and the submittal of such documents in connection with previous and
recent applications, the Board of Trustees hereby grants the Applicant's request for
a waiver from submittal of the documents marked by the Applicant on the Site Plan
Review Check List in the"N"and"NA"columns;and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
approves the site plan application referenced herein,upon the following conditions:
1. A copy of this resolution shall be attached to the
building pertruit application.
2. Prior to the issuance of a building permit,the Applicant
shall verify tbat is has received all necessary and
applicable permits and approvals from the Westchester
County Department of Health, Westchester County
Department of Public Works and Transportation, New
York State Department of Environmental Conservation
and United Water Westchester. Satisfaction of this
condition shall be detennined by the Village Attorney.
3. Prior to the issuance of a building permit, the Site flan
shall be revised as follows:
a. Show a bike rack or similar bike parking area on
the strip in a location satisfactory to the Village
Planning Consultant.
b. Show that the two(2)parkizig spaces proposed to
be "land banked" under the 2007 approval shall
be"land banked"for construction in the fixture if
determined by the Village Engineer to be
necessary. Construction of such parking spaces if
deemed necessary by the Village Engineer, shall
be the responsibility of the Homeowners
Association or Condominium Board and language
to this effect will be included in the Offering Plan.
Such parking spaces shall be constructed within
six months of written notice from. the Village
Engineer.
c. Show the current tax lot lines as shown on the
Town of Rye Tax Assessor's Map,as well as the
Proposed tax lot lines.
4. Consistent with comments from Westchester County
set forth in its memorandum dated October 15,2012,to
offset projected increases in sewage flows from this site
into existing infrastructure, including adding volume of
sewage flow requiring treatment at one of the treatment
plans operated by Westchester County, the Applicant
has offered to contribute and shall contribute $50 per
dwelling unit toward a future inflow and inEttation €
study in the Village. ,
5. Conditions of approval for development are as follows:
a. Construction of basements, now and in the
future shall be prohibited. Garages and attics
shall not be converted to habitable areas.
b. Parking shall be prohibited along the entire
access road and all travel aisles. It shall be the
responsibility of the Applicant and subsequently
the Homeowners Association to place and
maintain appropriate traffic regulation signage
and enforce the"no parking"rules.
c. Additional building bulk or structures of any kind
(including, but not limited to additions to
buildings, decks, enlargement of patios or
walkways, or placement of sheds or other
accessory structures) shall be prohibited by deed
restriction and/or other appropriate measures
subject to prior written approval by the Village
Attorney. The foregoing shall not include repairs
or rebuilding as originally approved.
d. Provision of a final Tree Preservation and
Protection Plan to the satisfaction of the Village
Engineet/Superintendent of Public Works
and/or consultants.
e. Maintain the validity of the Steep Slopes Work
Permit and the Petrait to Perform Regulated
Activities in a Wetland issued by the Village of
Rye Brook Planning Board on February 14,2013,
by requesting any necessary extensions. Both
permits are scheduled to expire on February 14,
2014.
f. Provision of a final landscape plan to the
j satisfaction of the Village
Engineer/Superintendent of Public Works
and/or consultants.
g. Provision of a Final Stormwatet Management
Plan to the satisfaction of the Village
Engineer/Superintendent of Public Works
and/or consultants.
h. Provision of a Final Erosion and Sediment
Control Plan to the satisfaction of the Village
Engineer/Superintendent of Public Works
and/or consultants.
i. Provision of a final, detailed monitoring and
maintenance plan for all wetland buffer and
steep slope plantings to the satisfaction of the
Village Engineer/Superintendent of Public
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Works and/or consultants. The Applicant and
eventually the Homeowners Association or
Condominium Board shall be required to inspect,
maintain, repair and replace any and all wedand
buffer plantings and steep slopes p2antings to
comply with the design standard intended, the
requirements of the Village Code and to the
satisfaction of the Village
Engineer/Superintendent of Public Works
and/or consultants.
j. Provision of a final, detailed monitoring and
maintenance plan for all stotinwater
management facilities to the satisfaction of the
Village Engineer/Superintendent of Public
Works and/or consultants. The Applicant and
eventually the Homeowners Association or
Condominium Board shall be required to inspect,
maintain and repair all stormwater management
structures and appurtenances in accordance with
the approved plans to insure the proposed
stormwater management facilities /function to the
standards and objectives of the Village of Rye
Brook stotmwater management ordinance and to
the satisfaction of the Village
Engineer/Superintendent of Public Works
and/or consultants.
k. Ptovision of a final, detailed monitoring and
maintenance plan for all steep slope rip-rap or
other stabilization construction to the
satisfaction of the Village
Engineer/Superintendent of Public Works
and/or consultants.the Applicant and eventually
the Homeowners Association or Condominium
Board shall be required to inspect, maintain,
repair and be responsible for monitoring and
maintaining the stability of steep slopes on the
property to the design standard intended, the
requirements of the Village Code and to the
satisfaction of the Village
Engineer/Supetintendent of Public Works
and/or consultants.
1. The monitoring and maintenance of all
stormwatet management facilities,wetland buffer
and steep slopes plantings and rip rap or other
stabilization construction required by the
conditions of this resolution that are to be the
responsibility of the Homeowners Association or
Condominiumn Board shall be clearly and
completely described un the condominium
offering plan,subject to the prior written approval
of the Village Attorney.
in. Provision of a £mat construction management
plan for the entire site prior to granting of a
building pem-)it that includes specific times and
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routes for trucks carting material to and from
the site,including potential truck routes,number
of trucks, number of trips, dust and noise
mitigation measures and coordination with the
Pont Chester Middle School schedule to avoid
traffic conflicts during school arrival and
dismissal times fox approval by the Village
Engineer/Superintendent of Public Works, fire,
and police services and any other consultants
determined to be necessary by the Village
Engineer/Superintendent of Public Works.
Work shall be staged to minimize the number of
trucks present at the site at any one time.
n. Use of a turbidity curtain during construction
i and/or any other method or methods
determined to be necessary 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 successors or assigns, shall
include text acceptable to the Village Attorney in
the Offering Plan for the proposed
Condominium or Homeowner's Association,
advising prospective purchasers of conditions
5(a) to (c) and (i) to (1), (q), (s), (t), (u). 'There
shall be no amendments to the Offering Plan,
by-laws or Rules and Regulations concerning
items 5(a) to (c); (i) to (1), (q), (s), (t), (u) 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 in the deeds to the individual units
concerning conditions 5(a)and 5(c).
q. Placement of a 35-foot wide permanent
conservation easement on the Peninsula running
parallel to the front property line along the
entire Bowman Avenue frontage of the
Peninsula to preserve the landscape buffer
created on the Peninsula pursuant to the
requirements of the Scenic Roads Overlay
District. The Applicant shall provide the
conservation easement for review and approval
by the Village Board of '.trustees prior to the
issuance of a building permit. Landscaping
installed between the Bowman Avenue right-of-
way and the residential units within the
conservation easement shall be maintained, f
according to the requirements of the
conservation easement, by the Applicant and
thereafter by the Condominium Board or
Homeowners Association.
r. Installation of a landscape buffer along the
Bowman Avenue frontage of the Peninsula
sufficient to screen views of the buildings from
the street, to the satisfaction of the Village
Engincer and/or Consultants.
s. No activity of any type shall be permitted on
irip-rap steep slopes except required {
maintenance. Appropriate signage to that effect
shall be installed and maintained by the
Applicant and thereafter by the Homeowners
Association or Condominium Board.
t. Construction of docks or any other structures
extending into the watercourse or pond shall be
prohibited.
u. Switntning, boating, fishing or otber water
related recreational activities shall be prohibited.
Appropriate signage to that effect shall be
installed and maintained by the Applicant and
thereafter by the Homeowners Association or
Condominium Board and included in the
Condominium's Offering Plan., By-Laws and
Rules and Regulations.
v. Construction traffic shall he scheduled to avoid
generation of construction related traffic that
coincides with roadway pear hours.
w. The property shall be apportioned into two lots
as delineated by the existing tax lots 1--1 and 1-
1.1 by the Village,if the Village determines in its
sole discretion to receive the strip (Lot 1-1) as a
passive public park.
x. Construction of all improvements to the Strip
(Lot 1-1)as shown on the Site Pian approved by
the Board of Trustees by Resolution dated July
24, 2007 and as amended by the Site Plan
approved herein, shall be completed prior to
offering the Strip for dedication to the Village
and within eighteen (18) months of the issuance
of the first Building Permit for the ten
residential units on the Peninsula or prior to
issuance of the last residential Certificate of
Occupancy,whichever occurs earlier.
T Prior to the issuance of any building permits, a
100%performance bond or Ietter of credit shall
be submitted in a sum determined by the Village
Engineer/Superintendent of Public Works and
shall be furnished to and accepted by the
Village, to guarantee the satisfactory and
complete installation and construction of all
infrastructure and public improvements, as
determined appropriate by the Village
Engineer/Superintendent of Public Works, for
the Peninsula, including landscaping, sewage,
water, drainage, roads, scdiment and erosion
control measures, sidewalks, stormwater
detention, and watercourse buffer mitigation
approved as to form by the Village Attorney.
z. The Applicant shall provide to the Village, a
landscape maintenance bond or letter of credit
in the amount of which is to be determined by
the Village Engineer/Superintendent of Public
Works in a form satisfactory to the Village
Attorney. A bond or letter of credit with a
minimum term of two years commencing upon
the issuance of the 8th certificate of occupancy
shall be posted for the maintenance of general
site landscaping,the landscaping to thereafter be
Maintained and-replaced as necessary.
BE IT FURTHER RESOLVED, that all requirements, conditions and
mitigation measures related to the project as established by the Board of Trustees in
the .Findings Statement shall constitute express conditions of this approval, except
as otherwise stated herein, and shall constitute obligations of the Applicant
thereunder and its successors and assigns, and shall be enforceable by this Village
Board of Trustees or its designated representative;and
BE IT FURTHER RESOLVED, approval of this second amended site
plan shall supersede the amended site plan approval granted by the Board of
Trustees on January 22,2013 and extended to February 28,2014;and
BE IT FURTHER RESOLVED, that this approval of the Second
Amended Site Plan shall expire one year from the date of this resolution. Upon
written request,the Board of Trustees may extend the expiration date for additional
periods of time, each such period not exceeding six months, upon good cause
shown;and
BE IT FURTHER RESOLVED, that upon review of the Conservation
Easement document submitted by the Applicant pursuant to Paragraph 5(q) of this
Resolution, the Board of Trustees hereby authorizes the Mayor to execute all
documents, subject to negotiations by the Village Administrator and approved by
the Mayor,in a form acceptable to the Village Attorney,as may be necessary for the
recording of the Conservation Easement referred to above in Paragraph 5(q);and
BE IT FURTHER RESOLVED, that the approval granted herein shall
become null and void if the Applicant does not pay to the Village all applicable fees
and professional review fees incurred in connection with review of this Application
thin 45 days foIlowing the date of this resolution.
TRUSTEE EPSTEIN AYE
RUSTEE HEISER AYE
TRUSTEE KLEIN AYE
TRUSTEE REDNICK AYE
MAYOR ROSENBERG AYE
STATE OF NEW YORK
COUNTY OF WESTCH ESTER SS'
VILLAGE OF RYE BROOK
I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of
Rye Brook which was duty passed by said Board on January 28 20 14 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village
of Rye Brook,this 29 day of 3a ary 20 14
Christopher J. Brad r ,Village Clerk