HomeMy WebLinkAboutBOT Resolution 2007-7-24 i
On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano,
the following resolution was adopted.
APPROVING A SITE PLAN SUBMITTED BY K&M REALTY GROUP,LTD
FOR DEVELOPMENT OF TEN(10)RESIDENTIAL UNITS ON BOWMAN
AVENUE WEST OF SOUTH RIDGE STREET,RYE BROOK,
LOTS 1-1 AND 1-1.1,BLOCK 26,SECTION 141
WHEREAS, the Village of Rye Brook received an application from K&M
Realty Group,Ltd. (the"Applicant's for Site Plan Approval, a Wetlands Permit and
a Steep Slopes Permit to construct nine attached(9) residential units on a parcel of
real property and a restaurant on another portion of real property (the "Original
Proposed Action");and
WHEREAS,the+/-4.039-acre property consisting of upland areas known as
the "Peninsula" and the "Strip" and approximately 1.67 acres of open water is
located on the south side of Bowman Avenue, approximately 900 feet west of the
intersection formed by Bowman Avenue and South. Ridge Street, within the C-1,
Neighborhood Retail Zoning District and the Scenic Roads Overlay District,in the
Village of Rye Brook,New York,shown as Tax Lots 1-1 and 1-1.1 in Section 141,
Block Z6 on the Town of Rye Tax Assessor's Maps(the"Site"or"Property");and
WHEREAS, on or about June 25, 1996, the Village Board of Trustees
determined the Original Proposed Action to be Unlisted pursuant to the New York
State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and
resolved to be the Lead Agency for review of the Original Proposed Action;and
WHEREAS, the Village Board (if Trustees acting as bead Agency, o1r
review under SEQRA determined that the fJ' ginal Proposed Action may include the
potential for at least one significant advefse environmental impact, thus issui -a
Positive Declaration on or about June`25`,'1996 and requiring the submission of a
Draft Environmental Impact Statement(DEIS);and
WHEREAS,in response to comments received regarding the DEIS and the
Original Proposed Action the Applicnt proposed a new alternative that revised the
project to propose construction of tei};(10)residential units on the Peninsula portion
6f,the Property and for the Strip po4n of the property to remain undeveloped with:
ar.Conservation easement(the"Miti ou Plan");and
WHEREAS, the Applicant prepared and submitted a revised Final
Environmental Impact Statement(F )`dated July 2006 that reviewed the potential
environmental impacts of the Mitiga{y. and the Lead Agency determined the
FEIS to be complete on July 25,204 'ard'`.:`
WHEREAS, the Lead Agency held public hearings on the DEIS and FEIS
and afforded agencies and the public a reasonable time period of no less than 30
calendar days for the DEIS and no less than 10 calendar days for the FEIS to provide
comments on the completed DEIS and FEIS;and
WHEREAS,the Applicant further revised the Mitigation Plan by,instead of
imposing a conservation easement on the strip, to instead, in its sole discretion,
donate and offer the strip to the Village to be dedicated as a passive public park(the
"Revised Mitigation Plan');and
WHEREAS,the Lead Agency,adopted the Findings Statement regarding the
environmental review and the Revised Mitigation PIan on December 12,2006,which
was filed with all Involved and Interested Agencies and other parties as required by
law;and
WHEREAS, certain SEQRA documents and resolutions erroneously
describe the Original Proposed Action to be a Type I Action,even though the Village
Board of Trustees determined the Original Proposed Action to be an Unlisted Action
on June 25, 1996 and pursuant to SEQRA, 6 NYCRR Part 617, Section 617.4,the
Original Proposed Action is correctly determined to be an Unlisted Action;and
WHEREAS, the Village Board of Trustees referred the subject site plan
application to the Westchester County Department of Planning,the City of Rye,the
Town of Rye, the Town/Village of Harrison and the Village Planning Board for
review and comment;and
WHEREAS, the Village Board of Trustees reviewed comments from the
public and interested agencies,information submitted by the Applicant in connection
with the application, the reports and recommendations of the Village Planning
Consultant, the Village Engineering Consultant, Village staff and the
recommendations of the Village Planning Board, and the Applicant revised the site
plans according to the recommendations,and
WHEREAS, the Village Board of 'Trustees originally found in its
Decemberl2, 2006 Findings Statement that the Applicant must install three (3)
additional parking spaces, but after farther consideration the village determined it
was better to maintain open space and is now requiring the Applicant to landbank an
additional two(2)parking spaces;and
WHEREAS,the Village Board of Trustees is familiar with the site and all
aspects of the project;and
WHEREAS,on September 12,2006,the Village Board of Trustees opened a
public hearing on the 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 public hearing was closed on June 26,2007.
NOW,THEREFORE,BE TT RESOLVED,that the Village of Rye Brook
Board of Trustees, for the reasons stated herein, hereby approves the Site Plan to
construct ten(10) attached residential wets on the Peninsula property shown.as Tax
Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps, as depicted
on the following drawing set titled"Site Plan Approval Drawings,Bowman Avenue
Development" last revised 06/07/2007, prepared by John Meyer Consulting, PC,
Armonk,New York:
1. Engineer's Plans,prepared by John Meyer Consulting P.C.,Armonk,NY:
Sheet No. Sheet Title Dated
M-1 Site Development Area 4107/06 Rev.5/30107
M-2 Existing Conditions&Wetland
Delineations 4/07/06 Rev.1111/07
M-2A Overall Site Plan 1/10/07 Rev.5/30107
M-3 Layout Plan 4/07/06 Rev.6/07/07
M-3A Layout Plan(Strip) 5130/07 Rev.6/07107
M-4 Grading Plan 4/0V06 Rev,6107/07
M-4A Grading Plan (Strip) 5/30/07 Rev.6/07/07
M-5 Utilities Plan 4127/06 Rev.6/07/07
M-6 Sediment&Erosion Control&
Water Quality Mitigation Plan 4/07/06 Rev,6/07107
M-6A Sediment&Erosion Control&
Water Quality Mitigation Plan 5/30107 Rev_6/07/07
M-7 Landscaping Plan 4/07106 Rev.5/18/07
M-7A Landscaping Plan(Strip) 5I30/07 Rev_6107/07
M-7B Lighting Plan 4/07/07 Rev.5/18/07
M-8 Site Details 4107106 Rev.2/08/07
M-9 Site Details 4107/06 Rev.2/08/07
M-10 Site Details 4/07/06 Rev.3/08/07
M-11 Site Details 4107/06 Rev.2/08/07
M-12 Site Details 12/06106Rev.4/18/07
M-13 Utility Profiles V08107
M-14 Health and Safety Misc.Figures 3/07107
2. Architect's Plans,prepared by John Meyer Consulting P.C.,Armonk.,NY:
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Sheet No. Sheet Title Dated I
A-1 Schematic Plan 12/06/06 Rev.3/08/07
A-2 Schematic Plan 12/06/06 Rev-3/08/07
BE IT FURTHER RESOLVED,that the site plan approval shall be subject
to the following requirements and conditions:
1. A copy of this resolution shall be attached to the building permit application.
2. Site plan approval shall be subject to approval of a steeps slopes work permit
and a permit to perform regulated activities in a wetland by the Village
Planning Board.
3. Conditions of approval for development:
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a. Construction of basements,now and in the future shall be prohibited.
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 or Condominium Board 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, enlargement of decks, patios or walkways, or
pkacement of sheds or other accessory structures) shall be prohibited by
deed restriction and/or other appropriate measures subject to prior written
approval by Village Counsel. 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 Engineer and/or consultants.
e. Provision of a final steep slopes planting plan to the satisfaction of the
Village Engineer and/or consultants.
f. Provision of a final landscape plan to the satisfaction of the Village
Engineer and/or consultants.
g. Provision of a final stormwater management plan to the satisfaction of the
Village Engineer and/or consultants.
h. Provision of a final erosion and sediment control plan to the satisfaction of
the Village Engineer 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 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 wetland buffer plantings
and steep slopes plantings to comply with the design standard intended,the
requirements of the Village Code and to the satisfaction of the Village
Engineer and/or consultants.
J. Provision of a final., detailed monitoring and maintenance plan for all
stormwater management facilities to the satisfaction of the Village
Engineer 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
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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 stormwater management ordinance and to the
satisfaction of the Village Engineer and/or consultants.
k. Provision 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 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 and/or consultants.
1. The monitoring and maintenance of all stormwater 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 Condominium Board shall
be clearly and completely described in the condominium offering plan,
subject to the prior written approval of the Village Attorney.
m. Provision of a final construction management plan for the entire site
prior to granting of a building permit that includes specific times and
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 Port Chester Middle School schedule
to avoid traffic conflicts during school arrival and dismissal times for
approval by the Village Engineer,fire, and police services and any other
consultants determined to be necessary by the Village Engineer. 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 and/or any other method or
methods determined to be necessary by the Village Engineer,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 teat acceptable to
the Village Attorney in the Offering Plan for the proposed Condominium
or Homeowner's Association, advising prospective purchasers of
conditions 3(a)to(c)and(i)to(1),(q),(s),(t),(u),(w). There shall be no
amendments to the Offering Plan, by-laws or Rules and Regulations
concerning items 3(a) to (c); (i) to (1), (q), (s), (t), (u), (w) 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 Attomey in the deeds to the individual units
concerning conditions 3(a)and 3(e).
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, according to the requirements
pf jhP ggpsjryq#i0n easement, by the App4pppt 4
F p4 }pleafter by the
Condominium Board or Homeowners Association_
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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 Engineer and/or Consultants.
s. No activity of any type shall he permitted on rip-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. Swimming, boating, fishing or other water related recreational activities
shall be prohibited. Appropriate signage to that effect shall he 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 be scheduled to avoid generation of construction
related traffic that coincides with roadway peak hours.
w. In addition to four(4)parking spaces provided for each residential unit and
five (5) spaces for guests, the site plan shall show an additional two (2)
parking spaces that are approved,but"land banked"for construction in the
future if determined by the Village Engineer to be necessary. The Applicant
is not obligated to construct three(3)additional parking spaces as stated in
the December 12,2006 Findings Statement. Construction of such parking
spaces if deemed necessary by the Village Engineer, sh*l b
responsibility of the Homeowners Association or Condominium BpErd!and
language to this effect will be included in the Offering Plan.
x. 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,deterznines in
its sole discretion to receive the strip(Lot 1-1.1)as a passive public park.
Y. Construction of all improvements to the Strip (Lot 1-1.1) shall be cq*.led
prior to offering the Strip for dedication to the Village and within eight�a (i S}
months of the issuance of the first Building Permit for the ten resident4t Wiff
on the Peninsula or prior to issuance of the last residential Certificate of
Occupancy,whichever occurs earlier.
4. Prior to the issuance of any building permits,a 100%performance bond shall
be submitted in a sum determined by the Village Engineer 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, for the
Peninsula, including landscaping, sewage, water, drainage, roads, sediment
and erosion control measures, sidewalks, stormwater detention, and
watercourse buffer mitigation approved as to form by the Village Attorney.
S. The Applicant shall provide to the Village,a landscape maintenance bond in
the amount of which is to be determined by the Village Engineer in a form
satisfactory to the Village Attorney. A bond 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.
AND BE IT FURTHER RESOLVED, that all requirements, conditions,
and mitigation measures related to the project as established by the Mayor and 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 or its designated representative.
AND BE IT FURTHER RESOLVED,that no permits shall be issued until
the Applicant has paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
TRUSTEE BROWN AYE
TRUSTEE FEINSTEIN AYE
TRUSTEE SANDERS ROMANO AYE
TRUSTEE ROSENBERG AYE
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MAYOR RAND AYE
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'�-Stnte of �4:efrr varh
(9aUnN Of Mmi:rl'lezier
Pillage of �KvP 39ruah
I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of
Rye Brook which was duly passed by said Board oit July 24 ,20 07.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village
of Rye Brook,this 25 day of Ju 120 07.
r
Christopher J. Bradbury, Village Clerk
On a motion made by Trustee Sanders Romano and seconded by Trustee Feinstein,
the following resolution was adopted.
APPROVING A SITE PLAN SUBMITTED BY K&M REALTY GROUP,LTD
FOR DEVELOPMENT OF A PASSIVE PARK ON
BOWMAN AVENUE WEST OF SOUTH RIDGE STREET,
RYE BROOK,LOT 1-1.1,BLOCK 26,SECTION 141
WHEREAS, K&M Realty Group, Ltd. (the "Applicant") has offered the
Strip located on Bowman Avenue West of South Ridge Street,Rye Brook,Lot 1-1.1,
Block 26, Section 141 to the Village of Rye Brook to be used by the Village as a
passive public park;and
WHEREAS,the Applicant,instead of imposing a conservation easement-on
the Strip,determined,in its sole discretion to donate and offer the Strip to the Village
to be dedicated as a passive public park;and
WHEREAS, the Applicant has offered to make certain improvements that
are consistent with a passive public park to the Strip at its expense;and
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WHEREAS,the Village of Rye Brook is interested in accepting a donation
of the Strip by the Applicant for use as a passive park with certain improvements to
be done by the Applicant at its expense, subject to the adoption of a separate
Resolution in the future whereby the Village may accept the donation;and
WHEREAS, the Village Board of Trustees reviewed comments from the
public and interested agencies,information submitted by the Applicant in connection
with the application, the reports and recommendations of the Village Planning
Consultant, the Village Engineering Consultant, Village staff and the
recommendations of the Village Planning Board and the Applicant revised the site
plans according to the recommendations;and
WHEREAS, the Village Board of Trustees is familiar with the site and all
aspects of the project;and
WHEREAS,on September 12,2006,the Village Board of Trustees opened a
public hearing on the site plan application at which time all persons interested were
given an opportunity to spear on.behalf of or in opposition to said application and
the public hearing was closed on June 26,2007;and
NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook
Board of Trustees, for the reasons stated herein, hereby approves the Site Plan to
develop the Strip for use as a public passive park on the property Shawn as Tax Lot
1-1 and 1-1.1 in Section 141,Block 26 on the tax assessors maps,as depicted on the
following drawing set titled "Site Plan Approval Drawings, Bowman Avenue
Development" last revised 06107/2007, prepared by John Meyer Consulting, PC,
Armonk,New York:
1. Engineer's Plans,prepared by John Meyer Consulting P.C.,Armonk,NY:
Sheet No_ Sheet Title Dated
M 1 Site Development Area 4/07106Rev.5130107
M-2 Existing Conditions&wetlan
Delineations 4/07/06Rev. 1/11/07
M-2,4 Overall Site Plan 1/10/07 Rev 5/30/07
M-3 Layout Plan 4/07/06 Rev.6107/07
M-3A Layout Plan(Strip) 5/30/07 Rev.6/07/07
M-4 Grading Plan 4/0V06 Rev.6/07/07
M4A Grading Plan (Strip) 5/30/07 Rev 6107/07
M-5 Utilities Plan 4/27/06 Rev.6/07/07
M-6 Sediment&Erosion Control&
Water Quality Mitigation Plan 4/07/06 Rev.6/07107
M-6A Sediment&Erosion Control&
Water Quality Mitigation Plan 5/30/07 Rev.6/07/07
M-7 Landscaping Plan 4/07106 Rev.5118/07
M-7A Landscaping Plan(Strip) 5130/07 Rev.6107107
M-7B Lighting Plan 4/07/07 Rev.5118/07
M-8 Site Details 4/07106 Rev.2/08107
M-9 Site Details 4/07/06 Rev.2/08/07
M-10 Site Details 4/07106 Rev.3/08/07
M-11 Site Details 4/0V06 Rev.2/08/07
M-12 Site Details 12/06/06 Rev.4118/07
M-13 Utility Profiles 2/08/07
M-14 Health and Safety Misc.Figures 3/07/07
2. Architect's Plans,prepared by John Meyer Consulting P.C.,Armonk NY:
Sheet No. Sheet Title Dated
A-1 Schematic Plan 12106106 Rev.3108/07
A-2 Schematic Plan 12/06106 Rev.3/08/07
BE IT FURTHER RESOLVED, that the Site Plan Approval shall be
subject to the following requirements and conditions:
1. A copy of this resolution shall be attached to the building permit application.
-- ....... ........... ... -- ..............------------------------ -- -- -
2. Site plan approval sliall l?e subjecto approvat o£a steeps slopes work parnrit
and a permit to perform regulated activities in a wetland by the Village
Planning Board.
3. Conditions of approval for development:
a. The Applicant shall provide to the Village copies of all reports and
testing results concerning the Strip. The Applicant shall provide the
Village with any reports, test results or communications with third-
parties, including NYSDEC, created or received after March 1, 2007
concerning the Strip immediately upon receipt.
b. Contaminated soil shall be removed within. twelve (12) months of
issuance of the Site Plan Approval for the passive park if such
contamination is found to be above the limits acceptable to NYSDEC
for issuance of a"No Further Action Letter."If contaminated soil is to
be removed from the site, a soil removal plan employing industry-
standard best management practices and complying with all Village
regulations regarding excavations and safety shall be developed,
approved and implemented. The Applicant shall provide a completed
soil removal plan for review and approval by the Village Engineer,
NYSDEC and/or consultants prior to the removal of the contaminated
soil. The Applicant and its consultant shall certify that the soil
removal is complete and that NYSDEC has issued a "No Further
Action Letter,"a copy of which must be provided to the Village and
all of which must be conveyed by the Applicant to the Village.
c. The Village will not consider an offer of dedication of the Strip until
after NYSDEC has issued a "No Further Action letter" and
remediation has been completed to the satisfaction of the Village's
consulting environmental engineer.
d. If contaminated soil is to be removed from the site and there is
insufficient material to baekfill the excavation after all contaminated
soil is removed, clean soil shall be brought in from a clean-fill
facility approved by the Village Engineer at the expense of the
Applicant. The Applicant shall provide the Village with a manifest
or other tracking documents to identify the source of the fill material.
e. The Applicant shall provide the Village with a$100,000 bond from a
holding company in a form to be approved by the Village Attorney
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for a period of five years in order to guarantee the Strip shall be free
from any petroleum contaminated soil of the type identified as
existing on the Strip on or about 1996,which shall run from the date
of conveyance,if any,of the Strip to the Village.
f. Upon the issuance of a "No Further Action" Ietter by NYSDEC and
with the approval of NYSDEC, if needed,and upon two (2)weeks'
written notice to the Village,the Applicant shall remove existing bio-
vent system from the Strip. j
g. The .following park-related improvements, consistent with the
schematic plan shown on Sheet M-2A, which is a part of the
approved Site Plan drawings, shall be constructed by the Applicant,
at its cost:
1. An asphaltic concrete driveway and parking area.
2. One pole mounted light at the southern end of the
parking area.
3. A circular sitting area with benches to which an
electrical conduit with a pull string is provided for
future lighting.
4. A four-foot(4 foot)wide asphaltic concrete pedestrian
----................... ............- - - .... ........ - -- - - --- - -.... ---------- -- - -
path. The Village, at its discretion may cfioose fo-----.------------------------------------------ --
upgrade the Applicant—provided asphalt by agreeing
to pay for a color dye imprint, provided the Village
agrees to accept the donation of the Strip as a passive
park.
5. Up to 300 linear feet of split rail fencing with green
wire mesh infill between the rails, locations and type
to the satisfaction of the Village Engineer and/or
Planning consultant.
6. Six (6) eight ($)-foot standard park-type benches in
locations to be determined by the Village Engineer.
7. A mix of at least three species of native shrubs j
installed in naturalistic groupings at the ends of the
sections of split rail fencing. Such shrubs shall be a
mix of heights from 2.5 to 3 feet high to 3 to 3.5 feet
high at installation and shall number in total no less
than S shrubs. Locations sizes and species of shrubs
shall be to the satisfaction of the Village Engineer and
Planning consultant. Any plantings required by the
approved plans beyond the 8 shrubs shall be paid for
by the Village, provided the Village accepts the
property-
h. The circular sitting area shall be dedicated to the Applicant's late
sister-in-law, Beverly Lieberman and the Applicant's late uncle,
Ronald Berger. The Applicant is permitted to install a memorial
plaque to be approved by the Village Board.
i. Park use shall be consistent with those uses in a passive park. No
sports courts, pools, community buildings or similar structures shall
be constructed. Structures consistent with a passive park, such as a
small maintenance building for park equipment storage or tot lot
playground equipment shall be permitted.
j. Development and approval by the Village Engineer and/or
consultants of a planting plan for replanting any area of the Strip
disturbed by soil removal, plant removal, stockpiling operations,
removal of the bio-vent system and/or any other construction
activities that might occur on the Strip during construction. Such
planting plan shall include only native species that would provide
cover and food to wildlife.
k. if the already identified contaminated soil must be removed, the
applicant shall have the right to deduct the cost of the removal from
the cost of the park improvements. Should this occur and there not
be enough funds remaining for park improvements to the Village's
satisfaction,the applicant shall pay the fee in lieu of parkland and the
Village shall have the right to accept the property or demand a
conservation easement on the Strap.
1. The Applicant has agreed to allow the Village,prior to acceptance of
the Strip, to do any soil sampling and to enter upon the land to
perform such sampling. If contamination is found or remediation is
required the Applicant, as owner of the property, shall be solely
responsible to pay for such cleanup as required by law.
m. If there is no municipal public passive park built by the Applicant,
the Village shall receive the fee in lieu of parkland as required by the
Village Code.
n. Whether or not improvements are made to the Strip by the Applicant,
the Applicant must remove all debris piles, garbage or non plant
material prior to offering the Strip to the Village or prior to a
- conservation easement-liei�g placed on the Strip------------------------------------------------------.............----------------------- ------------------ -
4. Prior to the issuance of any building permits, a 100% performance
bond shall be submitted in a sum deter pined by the Village Engineer 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, for the Strip, including
landscaping,sewage,water,drainage,roads,sediment and erosion control measures,
sidewalks, stormwater detention,watercourse buffer mitigation approved as to form
by the Village Attorney.
5. The Applicant shall provide to the Village, landscape maintenance-
bonds the amount of which is to be determined by the Village Engineer in a form
satisfactory to the Village Attorney.
AND BE IT YURTHER RESOLVED, that all requirements, conditions,
and mitigation measures related to the project as established by the Mayor and Board
of Trustees in the Findings Statement shall constitute express conditions of this
approval,except as provided otherwise herein,and shall constitute obligations of the
Applicant thereunder and its successors and assigns,and shall be enforceable by this
Village Board or its designated representative.
TRUSTEE BROWN AYE
TRUSTEE FEINSTEIN AYE
TRUSTEE SANDERS ROMANO AYE
TRUSTEE ROSENBERG AYE
MAYOR RAND AYE
,$fafe of Nefu 'VrA
T=rtg rrf Wtsfe4 gofer �n-=
�Mllrige of �L2e prouh
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 ou July 24 ,20 47
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village
of Rye Brook,this 2 5 day of July 20 7•
Christopher Bradb r , Village Clerk