HomeMy WebLinkAbout2024-5-22 975 Anderson Hill Road Keane & Beane P.C. Comments on Draft Scoping Document
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MEMORANDUM
TO: Mayor Jason Klein and
Village of Rye Brook Board of Trustees
FROM: Keane & Beane, P.C.
RE: 975 Anderson Hill Road - Comments on Draft Scoping
Document dated March 27, 2024
DATE: May 22, 2024
Keane & Beane, P.C. (“K&B”) has reviewed the Draft Scoping Document, dated
March 27, 2024, submitted by property owner Cohen Purchase Building Company
LLC (“Cohen”) for the redevelopment of property located at 975 Anderson Hill
Road. The following are K&B’s comments for consideration by the Village Board of
Trustees:
Overall Comments:
1. The document should clarify what it means to study the “existing conditions,”
“existing buildings” and “existing development” given that the Doral
Arrowwood building is currently being demolished.
Introduction
2. Page 2, second paragraph. Delete “To identify appropriate measures to
mitigate potential impacts and allow the public the greatest opportunity to
comment on the potential impacts of the Proposed Action, the Board of
Trustees adopted a ‘Positive Declaration’ on ___, 2024, requiring the
preparation of an Environmental Impact Statement (“EIS”).” Replace with a
sentence that states the Applicant voluntarily agreed to the preparation of an
EIS by unilaterally submitting the Draft Scoping Document with its initial
application on March 27, 2024.
Description of the Proposed Action
3. Page 3. Delete paragraph beginning “All the Project elements are
envisioned…” and delete the paragraph beginning “The Project would also
constitute…”
Required Approvals
4. Table 1. As of the early 2000’s Anderson Hill Road (the portion in NY) is a
Village Road – not a County Road. Therefore, any required road permits
would issue from the Village, not Westchester County Department of Public
Works & Transportation. Please update Table 1 as necessary.
General Guidelines Regarding Organization and Expected Content of DEIS
5. The first paragraph states, “For purposes of the SEQRA analyses, when
establishing the existing or baseline conditions, the analysis shall assume the
presence and full operation of the former Doral Arrowwood Hotel and
Conference Center building.” That baseline condition is appropriate in some
instances, but since the hotel and conference center has been shuttered for
several years and prior to its closure was not operating at full capacity, it will
be important to include in the SEQRA analyses a comparison to the existing
condition of a vacant property with no existing buildings to re-occupy.
Zoning, Land Use and Public Policy
6. Section 3.2.2, p. 8. Include Airport Zoning District Z-1 (Instrument
Approach Zone) and Airport Zoning District Z-4 (Outer Turning Zone)
Geology, Soils, Topography
7. Section 4.3, p. 9. In second paragraph, revise to read “Analyze the
conformance of the Concept Plan with the requirements of Chapter 213,
Steep Slope Protection of the Rye Brook Code, including quantification of the
area of disturbance for each of the relevant slope categories.”
8. Section 4.3, p. 9. Consider whether the WCDOH permit for on-site materials
processing should be added to the “Required Approvals” chart.
Waters and Wetlands
9. Note that the existing pond(s) on-site shall be included in the analysis under
this section as it meets the Village Code’s definition of watercourse and
wetland.
Stormwater Management
10. Section 6.2, p. 10. Strike portion of the sentence which states, “…including
the Village-owned properties that have an easement to discharge stormwater
to the Project Site.” Or provide a copy of the referenced easement.
Vegetation and Wildlife
11. Section 7.2, p. 11. Add the following after the first sentence of the third
paragraph: “The EAF Mapper identified the sedge wren as an endangered or
threatened species contained on or in proximity to the site.”
12. Section 7.2, p. 12. Strike the following sentence: “No further analysis of rare,
threatened, or endangered species, or species of special concern or significant
natural communities is warranted.”
13. Add reference to Section 7.3 and Section 7.4 regarding the potential impacts
of the proposed project to the sedge wren, if any, and any relevant mitigation
measures.
Visual Resources and Community Character
14. The locations from which photographs should be taken to demonstrate views
of the site from a leaf-on and leaf-off condition are not identified. These
publicly accessible vantage points should be included in the scope, including
any specific vantage points that the Lead Agency finds to be particularly
important.
Community Facilities
15. Section 10.5.2, p. 17. Strike the following sentence: “Describe the generation
and collection of solid waste and recycling from the Project Site that could
occur in a future condition in which the existing office building was fully
occupied.”
Hazardous Materials
16. Section 13.2, p. 21. Revise to account for the fact that the structures are
already demolished or in the process of being demolished.
Construction
17. Section 14.2, p. 22. Strike the following which does not seem relevant due to
this project’s distance from the high school and middle school:
“…coordination with the school district regarding minimizing impacts to the
operation of the high school and middle school and impacts to students.”
Alternatives
18. Section 15.1, p. 23. Modify to add the word “vacant” as follows: “…and the
property remaining in its current vacant condition.”
Other
19. The Draft Scoping Document does not include a discussion of post-
construction, operational noise impacts. Based on whether the proposed
project includes the potential for outdoor programming or outdoor amplified
sound which could cause noise impacts, consider whether noise impacts
should be studied.