HomeMy WebLinkAbout2016-02-23 Sun Homes Approval Resolution On a motion made by Trustee Epstein and seconded by Trustee Heiser,the following resolution was adopted.
RESOLUTION
CONSIDERING APPROVAL OF AN APPLICATION FOR
A PUD SITE PLAN SUBMITTED BY SUN HOMES
FOR PROPERTY AT 1100 KING STREET (RECKSON)
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, Sun Homes (the "Applicant"), as authorized by property owner Reckson
Operating Partnership L.P., submitted a PUD Site Plan Application in connection with the
proposed construction of a residential development of 110 single-family dwelling units on property
located at 1100 King Street, designated as Section 129.25,Block 1,Lot 1 on the Town of Rye Tax
Map("Property")and located in the Planned Unit Development("PUD")District;and
WHEREAS, the instant Site Plan Application constitutes Phase II of a two-phase PUD
approval process pursuant to Village Code §250-7.E wherein PUD Concept Plan approval and
PUD zone change occur in Phase I and detailed subdivision and site plan review and approval
occur during Phase II;and
WHEREAS, the Board of Trustees is the Approval Authority for this application pursuant
to Section 250-7.E(4)(b)(2)of the Village Code;and
WHEREAS, the Board of Trustees and Village staff and consultants have reviewed and
considered the following plans and application materials in connection with the proposed
application:
1. Full Environmental Assessment Form Part land EAF Mapper Summary
2. Application for Site Plan Approval
3. Letter to the Planning Board prepared by Divney,Tung,Schwalbe,LLP,White Plains,N.Y.,
dated December 23,2015 f
4. Letter to the Planning Board prepared by Divney,Tung,Schwalbe,LLP,White Plains,N.Y.,
dated November 25,2015
5. Letter to the Building and Fire Inspector prepared by Divney,Tung,Schwalbe,LLP,White
Plains,N.Y.,dated November 24,2015
6. Letter to the Planning Board prepared by Cuddy and Feder,LLP,White Plains,N.Y.dated
November 25,2015
7. Letter to the Mayor and Board of Trustees prepared by Cuddy and Feder,LLP,White Plains,
N.Y.dated September 17,2015
8. PUD Site Plan Project Description and Rendered Illustrative Home Plans and Elevations
prepared by Divney,Tung,Schwalbe,LLP,White Plains,N.Y.,no date
9. Stormwater Management Report prepared by Divney,Tung,Schwalbe,LLP,White Plains,
N.Y.,dated September 2015,Revised December 2015
10.Stormwater Pollution Prevention Plan prepared by Divney,Tung,Schwalbe,LLP,White Plains,
N.Y.,dated November 2015,Revised December 2015
11.Land Title Survey prepared by Joseph R. Link, Land Surveyor,Mahopac,N.Y. dated March 23,
2002,updated January 26,2015
12.Letter to Divney, Tung, Schwalbe from NYSDEC Division of Fish, Wildlife and Marine
Resources,New York State Natural Heritage Program,Albany,N.Y.,dated February 25,2015
13.Willingness to Serve Letter from United Water New York,dated October 9,2015
14.Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld
Engineering,P.C.,Tarrytown,N.Y. dated January 7, 2016
15.Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld
Engineering,P.C.,Tarrytown,N.Y.dated November 3,2015
16.Engineer's Plans,prepared by Divney,Tung,Schwalbe,LLP,White Plains,N.Y.:
Sheet Number Sheet Title Date
No number Cover Sheet 9/17/15 rev.12/23/15
SP-1.0 Overall Site Plan 9/17/15 rev.12/23/15
SP-1.1 Site Layout Plan 9/17/15 rev.12/23/15
SP-2.0 Grading and Utility Plan 9/17/15 rev.12/23/15
SP-3.0 Site Utility Plan—Overall 9/17/15 rev.12/23/15
SP-3.1 Typical Unit Plan 9/17/15 rev. 12/23/15
SP-4.0 Landscape Plan—Overall 9/17/15 rev. 12/23/15
SP-4.1 Landscape Plan—
Typical Unit/Clubhouse 9/17/15 rev. 12/23/15
SP-5.0 Erosion and Sediment Control Plan 9/17/15 rev. 12/23/15
SP-5.1 Erosion and Sediment Control Details 9/17/15 rev. 12/23/15
SP-5.2 Phasing Plan 9/17/15 rev. 12/23/15
SP-6.0 Site Sections 9/17/15 rev. 12/23/15
SP-6.1 Road Profiles 9/17/15 rev. 12/23/15
SP-6.2 Water Profiles 9/17/15 rev. 12/23/15
SP-6.3 Sanitary Sewer Profiles 9/17/15 rev. 12/23/15
SP-6.4 Storm Sewer Profiles 9/17/15 rev. 12/23/15
SP-7.1 to SP-73 Site Details 9/17/15 rev. 12/23/15
SP-8.0 Site Lighting Plan 9/17/15 rev. 12/23/15
L-02 Planting,Lighting and
Wetland Mitigation Plan 5/25/07 rev. 11/23/15
F-1 Fire Protection Plan 11/18/15
SS-1.0 Slope Analysis 12/23/15;and
WHEREAS, on July 28, 2015 the Board of Trustees adopted a Negative Declaration
pursuant to SEQRA for the Proposed Action which included certain test amendments to the PUD
zoning regulations in Chapter 250 of the Village Code, rezoning the Property from OB-1 to PUD,
PUD Concept Plan and PUD Site Plan approvals,and other required permits and approvals;and
WHEREAS,on August 18,2015 the Board of Trustees rezoned the Property from OB-1 to
PUD approved a PUD Concept Plan for the Sun Homes development;and
WHEREAS, on September 17, 2015 the Board of Trustees received a PUD Site Plan
application submitted by Sun Homes;and
WHEREAS,on October 2,2015 the Board of Trustees affirmed its continuing role as Lead
Agency for the review of the PUD Site Plan application and referred the application to the Village
of Rye Brook Planning Board for Report and Recommendation;and
WHEREAS, on January 14, 2016 the Planning Board adopted a Report and
Recommendation which was submitted to the Board of Trustees for consideration;and
WHEREAS, on January 25, 2016, the Applicant was referred to the Westchester County
Planning Board in accordance with Section 239-m of the General Municipal Law and the
Westchester County Code;and
WHEREAS, on February 1, 2016, the Application was referred to the Town of Harrison,
New York and the Town of Greenwich, Connecticut in accordance with Section 239-nn of the
General Municipal Law and the Westchester County Code;and
WHEREAS, on February 12, 2016 the Board of Trustees received comments from the
Westchester County Planning Board and reviewed them at their February 23, 2016 public meeting;
and
WHEREAS, a duly advertised public hearing was held on February 23, 2016, at which time
all those wishing to be heard on the Application were given such opportunity;and
WHEREAS, the Board of Trustees, Village Planning Consultant, and Village staff have
reviewed all application materials,including public comments;and
WHEREAS,the Board of Trustees is fully familiar with the application and the Property.
NOW,THEREFORE,BE IT RESOLVED,that having adopted a Negative Declaration
pursuant to SEQRA on July 28, 2015 and upon considering all public comments, as well as
comments from the Applicant, Village Planning Board, Westchester County Department of
Planning, other agencies, Village consultants and staff, the Board of Trustees hereby approves the
Planned Unit Development Site Plan application for property located at 1100 King Street
(Reckson), subject to the following conditions:
1. Satisfaction of any outstanding conditions of the Resolutions adopted by the Board of
Trustees on July 28,2015 and August 18,2015 concerning the Sun Homes project.
2. Approval of all required permits and/or approvals from the appropriate agencies for
the Project, including approval of a Steep Slopes Permit from the Village Planning
Board.
3. Based on the current and anticipated future need for park and recreational
opportunities in the Village of Rye Brook,and the demands of the future population of
the proposed residential development, the Board of Trustees hereby finds that
additional recreation/parkland should be created as a condition of approval for the
Application. The Board of Trustees further determines that a suitable park of adequate
size cannot be properly and practically located within the Parcel, nor has the Applicant
offered recreation/parkland of suitable size and practical location to adequately address
the need for additional recreation/parkland within the Village. Therefore,the Board of
Trustees hereby requires that the Applicant shall pay a Recreation Fee in Lieu of
Parkland in accordance with Sections 250-7.E(2)(0[2] and 209-15 of the Village Code.
Such fee shall be based on the Recreation Fee for residential subdivisions as set forth in
the Village of Rye Brook License &Permit Fee Schedule._Payment of said fee,in full,
shall be a condition precedent to issuance of a building permit for the project.
4. Prior to the issuance of a building permit, the Applicant shall submit to the Village
Consulting Engineer the information,data and results set forth below and demonstrate
to the reasonable satisfaction of the Village Consulting Engineer that the following test
has been performed:
A water main flow test shall be performed on the discharge side of the BelleFair
community's water pumping station (i.e., at the Anderson Hill Road location) to
simulate a discharge flow in excess of the Sun Homes'water demand. This test
shall include a hydrant discharge of at least 1,000 gallons per minute (gpm) for a
duration of 5 minutes. The discharge hydrant will be located on the Reckson
Executive Park site in the general vicinity of the proposed Sun Homes' water
main connection. Hydrant#289 in BelleFair shall be flowed at 300 gpm at the
same time as the one at Reckson. A hydrant located at the highest elevation on
BelleFair Boulevard in the circle shall be monitored/recorded for pressure
before, during and after the test at 1 minute intervals. After 5 minutes, the
discharge hydrant flow shall be reduced to 500 gpm and shall discharge for
another 5 minutes. Pressure readings shall be recorded again at the Bellefair site
during and at the end of the test. During these same intervals,residual pressure
readings shall be taken at a hydrant in Doral Greens' community farthest from
the connection to the 16" water main along Anderson Hill Road. Residual
pressure should also be taken before, during and after the test on a hydrant
located on the suction side of the booster station on Anderson Hill Road. For
information purposes, only, it should be determined whether the second pump
has been activated anytime during this test. The results of the test shall be
provided to the Village Consulting Engineer for review and a determination
whether the BelleFair or Doral Green community would experience a
substantive change in water pressure by reason of the provision of water service
to the Sun Homes community under current water system operations.
Submission to the Village Consultant Engineer shall include the input and
results of the model output at the various testing locations referenced above,
including information of other extremities of the system such as Lincoln
Avenue at Cerebral Palsy of Westchester. The submission shall also include the
current results of the model of the water system during peak hour in Doral
Green and in BelleFair. Results of the new flow tests shall be plugged into the
model and the results of the impact of the tests on the model shall be submitted
to the Village Consulting Engineer. The model shall have elevations at the
nodes used.
Under no circumstances shall a building permit be issued without confirmation
from the Village Consulting Engineer that provision of water service to the Sun
Homes community is not expected to result in a substantive change in water
pressure to the communities at BelleFair, Doral Green and to the customers on
the"suction side"of the BelleFair pump station.
5. Consistent with comments from Westchester County set forth in its memorandum
dated February 12, 2016, 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
shall contribute $100 per dwelling unit toward a future inflow and infiltration study in
the Village.
6. The Board of Trustees recognizes the Westchester County Planning Board's
recommendation regarding the revision of plans to include sidewalks along roadways
within the development and along International Drive, as well as a pedestrian
connection between Sun Homes and BelleFair, but the Board of Trustees is satisfied
with the plans as proposed without sidewalks because the development is not located
on a through street so will not be heavily trafficked, street lighting has been added to
the proposed plans to make the streets safer for pedestrians, and the inclusion of
sidewalks will reduce the amount of open or green space available on the Property.
7. The Applicant shall cooperate with the Village in developing guidelines for future
renovations, home expansions or additions to ensure that no more than 11,000 square
feet of additional impervious surface coverage is added to the site without further
review and possible modification of the stormwater management system.
8. Prior to the issuance of any building permits the following additional conditions shall
be satisfied:
a. A performance bond 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 and
approved as to form by the Village Attorney.
b. All outstanding comments of the Emergency Services Task Force in its
December 7,2015 memorandum shall be satisfied.
c. Submission a maintenance agreement for stormwater management facilities,
including rain gardens and permeable pavers, for review of the Village Attorney
as to form. Such agreement shall be recorded in the Westchester County
Clerk's Office and proof of recording shall be submitted prior to the issuance of
a Building Permit.
d. The approved site plan(s) for Reckson Phase 1 and Phase 2 shall be amended as
necessary to accommodate aspects of the PUD Site Plan,including fire access,
changes to International Drive, and relocation of the existing trash enclosure
and maintenance yard at the rear of the existing parking area.
e. The note on the Landscape Plan shall be revised to state that where trees are
removed from the buffer areas, additional trees shall be planted to eliminate
gaps created in the existing vegetation resulting from the removal of dead, dying
or diseased trees.
f. Submit to the Village for review and approval of the Village Attorney as to
form, all necessary easements to be recorded in the Office of the Westchester
County Clerk. Proof of recording shall be submitted to the Village prior to the
issuance of a Building Permit.
g. The Applicant shall obtain approval from New York State Department of
Transportation, Connecticut Department of Transportation and/or the Town
of Greenwich, as applicable, for changes to the signal timing for the intersection
of King Street and International Drive for the weekday morning peak hour and
for the intersection of King Street and Anderson Hill Road for the weekday
afternoon peak hour as set forth in the May 19, 2015 memorandum from F.P.
Clark Associates.
BE IT FURTHER RESOLVED, that pursuant to Village Code §250-7.E(3)(a) the Board
of Trustees hereby waives the floor area limitation of 9,000 square feet per acre, set forth at Village
Code §250-7.E(2)(d)(1), to allow 12,109 square feet of floor area per acre to be developed due to
the inclusion of walk-out basements and attached garages in the design of the dwelling units which
are included in the calculation of gross floor area,but contribute positively to the design and layout
of the residential community without creating any adverse impacts as the property is capable of
supporting the additional buildable area;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;and
BE IT FURTHER RESOLVED, that for the ten (10) units of affordable housing, the
applicant shall work with the village's affordable housing consultant (i.e. the Housing Action
Council)to comply with the requirements of the Westchester County federal housing settlement for
the purpose of having these units qualify towards satisfying the affordable housing mandates in the
settlement;and
BE IT FURTHER RESOLVED, that the applicant shall discuss the possibility of
connecting walking trails with the BelleFair and Doral Green Homeowners Associations.
TRUSTEE EPSTEIN AYE
TRUSTEE HEISER AYE
TRUSTEE KLEIN NAY
TRUSTEE REDNICK AYE
MAYOR ROSENBERG AYE
State of New York
County of Westchester 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 duly passed by said Board on February 23,2016.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye
Brook,this 25 h day of February,2016.
Village Clerk