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HomeMy WebLinkAbout2025-6-12 900 King Street Approving an Amended Planned Unit Development Site Plan Draft Resolution June 12, 2025 _______________ RESOLUTION APPROVING AN AMENDED PLANNED UNIT DEVELOPMENT SITE PLAN FOR PROPERTY AT 900 KING STREET VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Village of Rye Brook Planning Board (“Planning Board”) is in receipt of an application for approval of an Amended Planned Unit Development (PUD) Site Plan (the “Amended PUD Site Plan”), submitted by Sunrise Senior Living (“Applicant”), contract vendee of property located at 900 King Street in the PUD Zoning District and designated as Parcel ID 129.68-1-13 on the Town of Rye Tax Map (the “Property”), in connection with the development of an age restricted (62 years of age and older) senior living facility with a total of 231 residential rental units consisting of 126 Independent Living (IL) units, 85 Assisted Living (AL) units, and 20 Townhomes, and other related infrastructure, including driveways, walkways, garage and surface parking, site lighting, signage and stormwater on the Property (the “Project”); and WHEREAS, the Village Board of Trustees was the Approval Authority for the Project’s original PUD Concept Plan and PUD Site Plan in accordance with Sections 209- 1(A)(1) and 250-7.E(4)(b) of the Village Code; and WHEREAS, on January 26, 2021 the Village Board, as Lead Agency, adopted a SEQRA Findings Statement and approved a PUD Concept Plan for the Project; and WHEREAS, by Resolution adopted by the Village Board of Trustees on September 14, 2021 the PUD Site Plan for the Project was approved; and WHEREAS, on September 30, 2021, the Village Planning Board approved a Wetland Permit and Steep Slopes Permit for the Project pursuant to Chapters 245 and 213 of the Village Code, respectively; and WHEREAS, the PUD Site Plan approval and the Wetland and Steep Slopes Permit approvals have been extended from time to time such that the PUD Site Plan is currently scheduled to expire on September 15, 2025 and the Wetland and Steep Slopes Permits are scheduled to expire on September 8, 2025; and WHEREAS, the Applicant proposes modifications to the approved PUD Site Plan including: reduction of building footprints of the IL and AL buildings to reduce coverage from 16.5% to 15.91%, reconfiguration of entry driveway and port cochere, reconfiguration of the courtyards, addition of balconies and walk-out terraces to the IL Building, addition of a garden area to the AL Building, modifications to the rear loading zone, generator space and trash area, reconfiguration of cottage garages to be 2-car garages, and modification of the footprints of ten (10) of the townhomes to allow for a second main level bathroom (“Amended Project”); and WHEREAS, there are no modifications to the number of units or bedrooms proposed; and WHEREAS, the Village Planning Board is the Approval Authority for such amendments to the PUD Site Plan pursuant to Chapters § 209-1(A)(2) and 250-7(E)(4)(c), respectively, of the Village Code; and WHEREAS, on March 11, 2025 the Village Board authorized the circulation of its Notice of Intent to continue in its role as Lead Agency for the review of the Amended Project which is classified as an Unlisted Action pursuant to SEQRA; and WHEREAS, on June 10, 2025, the Village Board, as Lead Agency, Amended its SEQRA Findings Statement in conjunction with the proposed current action; and WHEREAS, the Planning Board referred the application to the Westchester County Department of Planning (“County”) for its Planning Board Referral Review, pursuant to General Municipal Law §§ 239 L, M and N of the General Municipal Law and Section 277.61 of the Westchester County Administrative Code; and WHEREAS, the County offered comments by way of correspondence dated April 21, 2025 (Referral File No. RYB 25-001), WHEREAS, the Planning Board referred the application for the Amended PUD Site Plan to the Architectural Review Board for report and recommendation and the Planning Board is in receipt of a report and recommendation from the Architectural Review Board dated May 5, 2025; and WHEREAS, the Planning Board and Village staff and consultants have reviewed and considered the following plans and application materials in connection with the proposed application: Sheet Title Prepared by Date Revised C-000 COVER SHEET JMC Engineering 5/29/2025 C-001 NOTES & LEGENDS JMC Engineering 5/29/2025 C-010 EXISTING CONDITIONS JMC Engineering 5/29/2025 C-020 DEMOLITION PLAN JMC Engineering 5/29/2025 C-030 EXISTING STEEP SLOPES MAP JMC Engineering 5/29/2025 C-040 TREE REMOVAL PLAN/PROTECTION PLAN JMC Engineering 5/29/2025 C-041 TREE REMOVAL PLAN/PROTECTION CHART JMC Engineering 5/29/2025 C-100 LAYOUT AND STRIPING PLAN JMC Engineering 5/29/2025 C-110 FIRE TRUCK, EMERGENCY VEHICLE & TRUCK TURNING PLAN JMC Engineering 5/29/2025 C-120 ON-SITE FIRE PROTECTION PLAN JMC Engineering 5/29/2025 C-130 INTERSECTION SITE-DISTANCE JMC Engineering 5/29/2025 C-200 GRADING PLAN JMC Engineering 5/29/2025 C-210 EXCAVATION CROSS-SECTION JMC Engineering 5/29/2025 C-211 ROAD PROFILES JMC Engineering 5/29/2025 C-212 ROAD PROFILES JMC Engineering 5/29/2025 C-300 UTILITIES PLAN JMC Engineering 5/29/2025 C-310 STORM SEWER PROFILES JMC Engineering 5/29/2025 C-320 SANITARY SEWER PROFILES JMC Engineering 5/29/2025 C-400 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 1) JMC Engineering 5/29/2025 C-401 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 2) JMC Engineering 5/29/2025 C-402 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 3&4) JMC Engineering 5/29/2025 C-403 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 5) JMC Engineering 5/29/2025 C-404 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 6) JMC Engineering 5/29/2025 C-405 EROSION & SEDIMENT CONTROL PLAN (CONSTRUCTION PHASE 7) JMC Engineering 5/29/2025 C-600 LIGHTING PLAN JMC Engineering 5/29/2025 C-900 – C9010 CONSTRUCTION DETAILS JMC Engineering 5/29/2025 L-300 PLANTING PLAN JMC Engineering 5/29/2025 L-301 WETLAND BUFFER PLANTING PLAN ON-SITE JMC Engineering 5/29/2025 L-302 WETLAND BUFFER PLANTING ENLARGEMENT JMC Engineering 5/29/2025 L-303 WETLAND BUFFER PLANTING PLAN OFF-SITE JMC Engineering 5/29/2025 L-304 PLANTING DETAILS JMC Engineering 5/29/2025 AS-100 ARCHITECTURAL SITE PLAN Perkins Eastman 5/29/2025 A-100 PARKING PLAN Perkins Eastman 5/29/2025 A-101 FIRST FLOOR PLAN Perkins Eastman 5/29/2025 A-102 SECOND FLOOR PLAN Perkins Eastman 5/29/2025 A-103 THIRD FLOOR PLAN Perkins Eastman 5/29/2025 A-104 FOURTH FLOOR PLAN Perkins Eastman 5/29/2025 A-105 ROOF PLAN Perkins Eastman 5/29/2025 A-111 TOWNHOUSE PLANS Perkins Eastman 5/29/2025 A-200 OVERALL ELEVATIONS Perkins Eastman 5/29/2025 A-201 OVERALL ELEVATIONS Perkins Eastman 5/29/2025 A-202 ELEVATIONS Perkins Eastman 5/29/2025 A-203 ELEVATIONS Perkins Eastman 5/29/2025 A-204 ELEVATIONS Perkins Eastman 5/29/2025 A-205 ELEVATIONS Perkins Eastman 5/29/2025 A-211 TOWNHOUSE ELEVATIONS Perkins Eastman 5/29/2025 A-301 TYPICAL WALL SECTIONS Perkins Eastman 5/29/2025 WHEREAS, on April 10, 2025 the Planning Board opened a duly noticed public hearing on the Amended PUD Site Plan application, and the public hearing was continued to May 8, 2025; and WHEREAS, on May 8, 2025, the public hearing on the Amended PUD Site Plan application was adjourned at the request of the applicant to June 12, 2025; and WHEREAS, on __________________, the public hearing on the Amended PUD Site Plan application was closed; and WHEREAS, the Planning Board has considered the applicable requirements of Chapters 209 and 250 of the Village Code, including those set forth at § 209-1(A)(2) and 250- 7(E)(4)(c), and; WHEREAS, the Planning Board duly considered and weighed all information in its record, balanced the relevant environmental considerations and is satisfied that there is a rational basis in the record for each of its findings and decisions herein; and WHEREAS, the Planning Board is familiar with the property and all aspects of the project. NOW THEREFORE BE IT RESOLVED, that the Planning Board hereby approves the Amended PUD Site Plan for an age restricted (62 years of age and older) senior living facility with a total of 231 residential rental units consisting of 126 Independent Living units, 85 Assisted Living units and 20 Townhomes, as shown on the plans referenced herein and described more fully in the Village Board’s January 26, 2021 Resolution approving the PUD Concept Plan, and in the Amended SEQRA Findings Statement, subject to the following conditions: 1. All references to the “Applicant” shall include the Applicant’s successors and assigns. 2. The Applicant shall seek and obtain all required permits and/or approvals from the appropriate agencies for the Project and shall meet all conditions contained in such approvals, as required therein, including approval from Westchester County Department of Health for the proposed water and sewer mains. 3. The Project requires a NYSDEC waiver for disturbance of areas in excess of 5 acres at one time each phase and sub-phase of construction shall be stabilized in strict conformance with the approved plans with oversight from the Village. Prior to the initiation of each phase, all necessary stabilization measures shall be completed to the satisfaction of the Village before the Applicant may proceed to the next phase. 4. This approval is conditioned upon compliance with all mitigation measures specified in the SEQRA Findings Statement. The Applicant shall be responsible for the funding and/or implementation of all such identified mitigation measures. 5. As required by Section 209-3F of the Village Code, 14 affordable dwelling units, as defined in Section 250-26.1D of the Village Code shall be provided. One unit shall be within the townhouses and the balance shall be distributed within the IL facility in proportion to the total number, and type, of market-rate units. The affordable dwelling units shall be subject to the requirements of Section 250- 26.1.F(3)(d) through Section 250-26.1.M of the Village Code. The affordable dwelling units shall not be distinguishable from the market-rate units from the outside or building exteriors. 6. Pursuant to Sections 250-26.1.H and I, the affordable dwelling units shall remain affordable for a minimum of 50 years from the date of the issuance of the initial certificate of occupancy for the unit. Prior to the issuance of a Demolition Permit, the following conditions shall be satisfied: 7. Plans shall be revised to reflect the following regarding the proposed noise barriers: a. Arbor Drive (east side of project site) – 12 foot chainlink fence to be installed with accoustifence material which includes the foliage image reviewed by the Village Board at its August 10, 2021 meeting, or suitable alternative. b. Village Hall (north side of project site) – 6 foot chainlink fence to be installed with accoustifence material, or equivalent approved by the Village Board. c. Arbors townhomes (south side of project site) – 6 foot chainlink fence to be installed with accoustifence material, or equivalent approved by the Village Board, which includes the foliage image reviewed by the Village Board at its August 10, 2021 meeting, or suitable alternative. 8. All noise barriers as shown on the approved plans shall be installed to the satisfaction of the Building Inspector, Village Engineer and Village Special Consulting Engineer and shall be maintained throughout the demolition and construction activities. 9. Plans shall be revised to extend the sidewalk to cover the eastern end of Arbor Drive to connect to King Street, consistent with Comment #2 from the Westchester County Planning Board dated August 2, 2021, with such sidewalk extension located on the Applicant’s property to the maximum extent feasible and if there are areas where the sidewalk cannot be located on the Applicant’s property the construction of such sidewalk shall be subject to the consent of the owner of Arbor Drive (AHOA). Any retaining walls required as part of the sidewalk installation shall be subject to review by the Village ARB. Such consent by the owner of Arbor Drive and reviews by the Village ARB must occur prior to the issuance of a Building Permit. 10. Plans shall be revised to locate a berm in the landscaped island along Arbor Drive between the two ingress/egress points along Arbor Drive for the purpose of further screening the view of the proposed building from Arbor Drive. The berm shall include landscape plantings of height, species and layout to the satisfaction of the Village Planning Consultant and the Village ARB. Such satisfaction of the Village Planning Consultant and the Village ARB must occur prior to the issuance of a Building Permit. 11. Plans shall be revised to address the comments set forth in the Village Emergency Services Task Force’s September 7, 2021 memorandum to the Village Board. 12. All interior building abatement shall be completed prior to any demolition activities including but not limited to disturbing existing building walls and the existing slab. 13. Demolition of the existing building shall occur in accordance with any applicable regulations (OSHA, NYSDOL, etc.) and in accordance with any demolition- related approvals from the Village. 14. The Demolition Permit shall be subject to the following conditions: a. A list of transporters and potential recycling/disposal facilities that will accept demolition materials shall be provided to the Village Building Department prior to the start of work. b. The Applicant shall provide copies of agency correspondences (NYSDOL, etc.) to the Village Building Department. Copies of all abatement filings (e.g., NYSDOL for ACM) and memos describing abatement work completed shall be provided to the Village Building Department within 45 days of completion. c. The Applicant shall submit an inventory (demolition materials/types, including abated materials; quantities removed; off-site destinations and disposal/recycling documentation) to the Village Building Department within 30 days of the completion of work. 15. To avoid simultaneous construction activities at the Project Site and the Middle/High School, applicable provisions of the CMP shall be discussed and coordinated with the Blind Brook Rye Union Free School District (BBRUFSD) officials prior to the commencement of demolition and construction to minimize the potential impacts to students and teachers. The Applicant shall also coordinate with the BBRUFSD to avoid the most noise-intensive demolition and construction activities during critical testing days/times (e.g., Advanced Placement, and other tests). The Applicant shall coordinate with the BBRUFSD during the demolition and construction process and provide a 2-week look-ahead construction schedule that identifies potentially noise-intensive activities. The Village shall be copied on all correspondence between the Applicant to BBRUFSD, including each 2-week-look-ahead schedule. If BBRUFSD does not copy the Village on its correspondence to the Applicant, it shall be the Applicant’s responsibility to provide a copy of such correspondence to the Village. 16. The Applicant shall provide a 2-week look-ahead construction schedule to the Arbors HOA. 17. More recent baseline noise conditions shall be obtained prior to construction and demolition activities for comparison purposes. Such baseline noise measurements shall be used for comparison purposes to assure compliance with applicable codes and requirements. Scope and schedule for baseline noise readings shall be coordinated with the Village Building Department. 18. Submission of a Construction Management Plan, including a Materials Management Plan (MMP), to the satisfaction of the Village Building Inspector and Village Engineer/Superintendent of Public Works. The CMP shall include the following: a. Section 8 of the CMP shall be revised to state construction trucks are not permitted to idle since idling was not included in the construction noise modeling studied in the FEIS. b. The CMP shall be revised to include pile driving and jack hammering as activities that shall not be permitted without separate approval by the Building Department due to potential noise impacts. It is understood that in the unlikely event such activities are requested, these activities would be for a minimal amount of time and in no event shall these activities be permitted on a regular basis. Where feasible, appropriate noise control measures will be utilized if such activities are authorized to occur. c. The CMP shall include a health and safety management section and require a designated safety manager. d. A designated “road traffic manager” responsible for observing and addressing the physical condition of Arbor Drive during construction shall be designated in the CMP. In the event the Building Inspector or Village Police Department notifies the “road traffic manager” of unsafe conditions on Arbor Drive, the Applicant shall immediately remedy such unsafe conditions. e. The Applicant shall provide noise mitigation at the source of construction noise when feasible (i.e., stationary, long-duration sources), as determined appropriate by the Village Building Inspector and/or Village Engineer/Superintendent of Public Works and reviewed by the Village’s Special Engineering Consultant. At a minimum, the following measures shall be implemented during demolition and construction activities: i. Noisy equipment, such as cranes, concrete pumps, concrete trucks, and delivery trucks, shall be located away from, and shielded from, sensitive receptors, such as the school, to the extent practicable; ii. Equipment, including the mufflers on the equipment, shall be required to be properly maintained; iii. Electrification of construction equipment to the extent feasible and practicable shall be undertaken as soon in the construction process as logistics allow; iv. The site shall be configured to minimize back-up alarm noise to the extent feasible and practicable; and v. Equipment anticipated to increase noise levels at the property boundary by more than 6 dBA or to a noise level greater than 65 dBA shall include path controls to be used at the source (i.e. temporary noise barrier surrounding the source). vi. The CMP shall be updated to the satisfaction of the Village’s Special Engineering Consultant to include a requirement for two real-time noise monitors which shall be installed prior to demolition and remain operational throughout the construction period. The monitors shall be installed in appropriate locations for monitoring the following receptors: (1) the Blind Brook Middle/High School, and (2) the Arbors townhomes. The Applicant shall be responsible for the cost and maintenance of the monitors and the Village shall have real-time access to the data. 19. No excavation or ground disturbance work shall occur without approval of a MMP. 20. A vibration monitoring program shall be implemented at the Arbors community and at the Tennessee Gas Pipeline during demolition, subsurface construction, and during the use of any construction impact devices to ensure that vibration levels do not exceed thresholds that could potentially result in damage to adjoining property, utilities (water, sewer, gas, electric, fiber/cable), etc. Prior to starting demolition/construction activities (i.e. during Village permit stage), a vibration monitoring program shall be prepared to the satisfaction of the Building Inspector and Village Engineer and shall include a listing of a Tennessee Gas Pipeline contact, along with contacts for all existing subsurface utilities at the Site and adjacent properties (water, sewer, gas, electric, fiber/cable). The Applicant shall make a notification to each utility entity (Tennessee Gas Pipeline and all other) prior to the start of demolition and construction activities, and report to the Village Building Department on such notifications and any feedback received. Prior to the issuance of a Building Permit, the following conditions shall be satisfied: 21. The Applicant shall secure approval from the Architectural Review Board. During its review, the ARB shall determine whether there are reasonable and feasible options to reduce the roofline of the IL building in a way that maintains screening of the rooftop mechanicals, but in no event shall the height of the IL building exceed that which is shown on the plans approved herein. 22. The Applicant shall revise the SWPPP to the satisfaction of the Village Consulting Engineer. 23. A Declaration of Restrictive Covenants shall be submitted in recordable form acceptable to the Village Attorney to ensure the affordable units shall remain subject to the affordable housing regulations for the minimum fifty-year period. The Declaration shall be subject to approval by the Program Administrator, as defined in the Village Code. The Applicant shall record the Declaration in the Land Records Division of the Office of the Clerk of the County of Westchester and proof of recording shall be submitted to the Building Department prior to the issuance of a Building Permit. 24. A Declaration of Restrictive Covenants shall be submitted in recordable form acceptable to the Village Attorney for the following purposes: limiting the use to senior living facility with an age restriction of 62 years of age or older and limiting the AL, IL and Townhouse units to rental-only. To ensure the integrity of the fiscal impact analysis prepared for the Project, the Declaration shall also include the obligations and commitments of the Applicant as set forth in Section G of the Amended Finding Statement if the Applicant elects to form a not-for-profit entity for purposes of bond financing the acquisition and construction of the Project. The Applicant shall record the Declaration in the Land Records Division of the Office of the Clerk of the County of Westchester and proof of recording shall be submitted to the Building Department prior to the issuance of a Building Permit. 25. An Access Easement over Village property for the emergency access drive shall be submitted be in a form acceptable to the Village Attorney and approved by the Village Board. The Applicant shall record the Access Easement in the Land Records Division of the Office of the Clerk of the County of Westchester and proof of recording shall be submitted to the Building Department prior to the issuance of a Building Permit. 26. The Applicant shall submit to the Village, in a form satisfactory to the Village Attorney and approved by the Village Board, a Land Banked Parking Agreement guaranteeing the improvement of the land banked parking spaces if the Village Board determines the improvement of such spaces is necessary as per Village Code §250-7.E(6)(b)(4)(d). 27. An updated “willingness to serve” letter from Veolia Water shall be submitted to the Building Department. 28. The Applicant shall submit an updated confirmation letter from Con Edison confirming availability of electric and gas service. 29. The IL and AL Building shall be designed to comply with all applicable fire and life safety codes, including but not limited to, the New York State Uniform Fire Prevention and Building Code. 30. All elevators in the IL/AL building shall be designed to fit an approved gurney to enable full EMS operations on the second through fourth floors and in the garage. 31. The buildings’ roofs and entrance shall be designed to facilitate safe movement of emergency personnel as well as provide for adequate interior and exterior emergency response communication. Prior to the issuance of a Building Permit issued for Site Work, the following conditions shall be satisfied: 32. The Applicant shall file with the Village a performance bond, letter of credit or other security in a form acceptable to the Village Attorney and approved by the Village Board in an amount as determined by the Superintendent of Public Works pursuant to the engineer’s cost estimate submitted by the Applicant for all site related improvements (parking lot, retaining wall, stormwater facilities and erosion and sedimentation controls, and other improvements determined by the Superintendent of Public Works/Village Engineer), to secure to the Village the satisfactory construction, installation and completion of such improvements. The Applicant may request from the Superintendent of Public Works/Village Engineer a reduction in the performance guaranty which the Superintendent is authorized to grant subject to his or her satisfaction that the amount of work already performed warrants the reduction sought. Prior to the issuance of a Certificate of Occupancy, the following conditions shall be satisfied: 33. 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 Project, the Board of Trustees hereby finds that additional recreation/parkland should be created as a condition of approval. However, the Village Board hereby determines that recreation/parkland of adequate size and location cannot be provided on the Project Site. Therefore, the Applicant shall pay a Recreation Fee as prescribed under Section 209-15 of the Village Code. The Village Board hereby requires that, prior to the issuance of the first Certificate of Occupancy, the Applicant shall pay a Recreation Fee as per the Village’s Fee Schedule in effect at the time of payment. 34. Suez Water Westchester, Inc. (SWWC), the predecessor of Veolia Water, previously indicated the need for two improvements to the water system. The first improvement is the provision of additional interconnections with Westchester Joint Water Works (WJWW), at Anderson Hill Road and Aquarion, at King Street. SWWC previously stated it will perform those upgrades at no cost to the Applicant. The second improvement is the installation of a meter on the 16-inch main at Anderson Hill Road, which would bypass the existing 8-inch meter vault that experiences significant head loss at times of peak flow. The cost associated with this new meter and vault would be the responsibility of the Applicant. The two improvements to the water supply system, and any additional improvements deemed necessary by Veolia Water, shall be completed prior to the issuance of any certificate of occupancy for any of the Project Site’s new buildings. 35. The Applicant shall cause to undertake and complete, at its sole cost and expense, project-based mitigation that would reduce the amount of inflow and infiltration into the sewer system in an amount equal to at least 80,000 gpd, which is three times the increase in sanitary flow generated by the Project. The location and nature of the project-based mitigation shall subject to review and approval of the Village Engineer/Superintendent of Public Works and/or Village Consulting Engineer. 36. The Applicant shall make, or cause to have made, two upgrades to the Con Edison gas system: (1) replacement of 945 feet of 4-inch and 6-inch main with 12- inch main on Mohegan Lane and Latonia Road, and (2) installation of a 12-inch tie on King Street from Arbor Drive to North Ridge Street. Pursuant to the SEQRA Findings Statement, the cost of these improvements would be initially funded by the applicant, and refunded by Con Edison upon completion of the Project. 37. The Applicant shall install a crosswalk leading from Harkness Park to the existing Site pedestrian path and easement area in manner consistent with the Applicant’s existing easement over Arbor Drive and subject coordination with the owner of Arbor Drive. The Applicant’s crosswalk shall have lighting or other safety measures for pedestrian safety as approved by the Building Inspector or Village Engineer/Superintendent of Public Works, including appropriate yellow crosswalk signage indicating a pedestrian crosswalk. 38. The Applicant shall submit a cost estimate for the cost of proposed trees and landscape plantings (including site preparation and labor) for review and approval of the Village Engineer/Superintendent of Public Works, in order to provide a 5- year maintenance guaranty. 39. The Applicant shall post a five (5) year maintenance bond, letter of credit or other security in a form acceptable to the Village Attorney and approved by the Village Board, in an amount equal to thirty-five percent (35%) of the total cost of tree and landscape plantings, installation, materials, as well as the inclusion of a fifteen percent (15%) contingency and acceptable by the Village Engineer/Superintendent of Public Works. 40. The Declaration of Restrictive Covenants for the affordable dwelling units shall be recorded by the Applicant in the Land Records Division of the Office of the Clerk of the County of Westchester. Proof of recording shall be submitted to the Building Department prior to the issuance of a certificate of occupancy for any affordable dwelling unit. 41. The operator of the Senior Living Facility shall provide the Village with a copy of the operations policies for lift assistance for residents by appropriately trained staff prior to the issuance of any certificate of occupancy for any of the buildings and substantially similar policies with respect to the requirements of the operational plan shall be in place for the duration of the use. 42. The Applicant shall, at their own expense, pursue approval of, and implementation of, certain signal re-timings along King Street with NYSDOT. The signal re-timings would occur on King Street at Arbor Drive and the Blind Brook Middle School and High School to improve existing and future operating conditions, including queuing along King Street as well as at the Middle and High School Driveway. The following are general conditions which shall be satisfied: 43. If any of the conditions enumerated in this resolution upon which this approval is granted are found to be invalid or unenforceable, then the integrity of this resolution and the remaining conditions shall remain valid and intact. 44. During the first planting season that occurs between October and May immediately following the issuance of a building permit for site work, the Applicant shall plant all trees that are outside of the area of disturbance on the Landscaping Plan abutting the Project area located between the planned townhomes at 900 King Street and the existing Arbors properties as determined by the Superintendent of Public Works/Village Engineer in consultation with the Village Planning Consultant. 45. During construction, the Site shall be fenced off to the satisfaction of the Building Inspector to ensure safety and the pedestrian path leading from the Village buildings to Harkness Park and the Blind Brook High School shall be temporarily closed. The Applicant shall be responsible for securing the pedestrian path on-site so it cannot be accessed and shall post signage directing pedestrians to the existing sidewalk on King Street, where pedestrians would cross Arbor Drive at the existing signalized crosswalk. 46. All construction equipment, materials, deliveries, and worker parking shall be accommodated on-Site. There shall be no construction equipment, truck, material or worker parking, queuing, or staging permitted on Arbor Drive at any time. 47. To the extent possible, construction truck trips shall not coincide with the school’s entry and exit hours. 48. The Applicant shall monitor the physical condition of Arbor Drive throughout the construction period and repair as needed or required by the Building Inspector during construction. As agreed to by the Applicant, at the conclusion of construction, the Applicant shall resurface Arbor Drive from King Street to the western property line of 900 King Street. Such resurfacing shall include, if necessary, any other portions of Arbor Drive that were used by the Applicant as a path of travel during construction, to a reasonable and safe condition, as determined by the Building Inspector. The Applicant shall provide the Village with 24-hour contact information in the event there are construction related concerns related to Arbor Drive. Construction related impacts on Arbor Drive may be enforced by the Village to maintain the road free and clear of construction hazards. 49. The Applicant shall provide a 2-week look-ahead construction schedule to the Arbors HOA. The Applicant shall provide a copy of the 2-week look-ahead construction schedule to the Village, along with proof of transmittal to the AHOA. 50. Noise barriers shall be maintained throughout the demolition and construction activities. 51. Pile driving, blasting, jack hammering, and/or rock crushing are all prohibited without further review by the Village Building Department in consultation with Village consultants to ensure noise levels do not exceed the scope of what was studied in Sections 2.14 and 2.16 of the FEIS, since such activities were not included in the construction noise modeling studied in the Final Environmental Impact Statement (FEIS). It is understood that in the unlikely event such activities are requested, these activities would be for a minimal amount of time and in no event shall these activities be permitted on a regular basis. Where feasible, appropriate noise control measures will be utilized if such activities are authorized to occur. 52. If warranted at the discretion of the Building Inspector based on visual inspection of emissions and dust conditions during construction, a Community Air Monitoring Program shall be implemented by the Applicant at the direction of the Building Inspector and in accordance with the Construction Management Plan to assure compliance with applicable requirements. 53. In-field noise level readings shall be provided by the Applicant to the Village upon the Building Inspector’s request when he or she determines such readings are warranted based on site work activities for comparison to the Applicant’s model noise levels. Upon receipt, the Building Inspector may transmit such readings to the Village’s Special Engineering Consultant for review. Such review shall be at the Applicant’s cost and paid from the professional review escrow. 54. All trees and landscape plantings shown on the Landscape Plan shall be maintained in a vigorous growing condition. All plants not so maintained shall be replaced with new plants of comparable size and quality at the beginning of the next immediately following growing season. 55. If Site results in more parking demand than is anticipated, the Village shall require the Applicant to construct the land banked parking areas to accommodate the additional parking demand. The Applicant shall submit to the Village, in a form satisfactory to the Village Attorney, a Land Banked Parking Agreement guaranteeing the improvement of the land banked parking spaces in the event that the Village Board determines the improvement of such spaces is necessary as per Village Code §250-7.E(6)(b)(4)(d). Post-construction monitoring shall be required to determine the necessity of constructing some or all of the land banked parking. 56. The Applicant shall perform a parking utilization count when the Project is 75% occupied and again at 90% occupancy. Upon reaching 90% occupancy, a parking utilization count shall be performed annually for three years. Each parking utilization count shall be submitted to the Village Building Department for use in determining whether the improvement of some or all of the 25 land banked parking spaces is necessary. 57. At least one registered nurse shall be scheduled to be on-Site at all times, 24 hours a day, 7 days a week and shall be available to direct and triage the response to medical issues for both IL and AL residents. 58. Any medical or biological waste generated at the Site shall be handled, stored, and disposed in accordance with all applicable regulations, including those of the NYSDOH. 59. An emergency response system shall be installed that allows residents to activate the system in one or more ways and provides multiple stationary and mobile methods for project staff to respond to its activation. 60. The emergency access drive shall be secured at both ends with a bollard and chain assembly, and shall only be used in the case of emergencies and only authorized Site or Village personnel shall be allowed to unlock the chain. It shall be the Applicant’s responsibility to maintain this drive, including the portion on Village property, inclusive of the provision of snow and ice removal. 61. Emergency power systems installed exterior to the building shall be designed to avoid producing a combined 6.0 dBA or more increase at nearby receptors using a combination of generator enclosures (Models with Level 1 or 2 sound enclosures shall be selected), noise barriers, and generator site selection. The generators shall only be used in emergencies or during testing, which testing shall only occur during daytime hours during weekdays. Further, generators shall comply with the provisions for emergency stand-by backup generators in Section 250-4.1 of the Village Zoning Code. 62. The Site shall use a private carter for solid waste generated by the Site. The contract with the private carter hired to service the Site shall include a requirement that waste and recycling shall not be picked up earlier than 6:00 AM, the time which municipal refuse may begin. Solid waste shall be stored within the loading area and covered in the rear of the IL and AL building so as not to be visible from Arbor Drive, Village Hall, RBPD, RBFD or The Arbors due to intervening buildings. A solid waste management plan that meets the requirements of Westchester County’s Source Separation Law shall be developed for the Site and shall be submitted to the Commissioner of Environmental Facilities of the County of Westchester as well as the Village. 63. Trash receptacles shall be provided by all toilets in order to reduce the potential for non-flushable items to enter the sanitary sewer system. 64. Approved code compliant grease traps shall be provided from proposed common kitchen areas in the IL and AL building to prohibit unwanted greases from enter the sewer system. The grease traps shall be maintained on a regular basis to maintain their effectiveness. 65. The Project shall incorporate energy-efficient features, including fixtures and HVAC and mechanical systems. 66. The shifts of the Site’s employees shall be staggered so that shift changes do not occur during school arrival or dismissal times, further reducing the potential for conflict between Site-generated traffic and pedestrians. 67. The Amended PUD Site Plan Approval granted herein shall expire in the event the Applicant does not submit a building permit application to the Building Department within one year of the adoption date of this Resolution, provided however, that the Planning Board may extend such time period from time to time for good cause shown upon written request from the Applicant. 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 Project. BE IT FURTHER RESOLVED, that prior to the issuance of any permits for the Project the plans shall be reviewed by the Building Inspector and Planning Consultant to confirm the accuracy of the height and elevation figures so that the maximum ridge height and zoning height is no greater than that shown on the approved plans. On motion by ______________ seconded by ______________, Superintendent of Public Works/Village Engineer, called the roll: MR. GRZAN Voting ___________ MR. VAISMAN Voting ___________ MR. MENDELSOHN Voting ___________ MR. TEIG Voting ___________ MR. RICHMAN Voting ___________ MS. SCHOEN Voting ___________ CHAIRMAN GOODMAN Voting ___________