HomeMy WebLinkAbout900 King Street Second Amended Findings Statement as an Involved Agency Draft Resolution 2026-5-14 -1-
INVOLVED AGENCY SECOND AMENDED FINDINGS STATEMENT
State Environmental Quality Review Act
This Second Amended Findings Statement has been prepared in accordance with Article 8
of the Environmental Conservation Law, the State Environmental Quality Review Act
(SEQRA), and its implementing regulations promulgated at 6 NYCRR Part 617.
Involved Agency: Planning Board, Village of Rye Brook
Address: Village Hall
938 King Street
Rye Brook, NY 10573
Name of Proposed Action: 900 King Street Redevelopment
SEQRA Classification: Unlisted Action
Summary of Proposed
Action: The Applicant proposes a second amendment to the PUD Site Plan
to redevelop the approximately 17.77-acre property with an
integrated age-restricted residential community that includes
independent living, assisted living, and age-restricted residential
townhouse units. The Project proposes 231 residential units, including
126 independent living (IL) units, 20 townhouse units, and 85 assisted
living (AL) units. The Applicant has represented that the community
will be owned and operated by a single entity that would offer the
various units for rent. Residency within the community will be
restricted to those 62 years old or older.
As part of the original PUD Application, to facilitate the proposed
redevelopment, the Applicant petitioned for a text amendment to the
PUD zoning regulations to allow additional density on the Site, as
well as other changes. The text amendment to the PUD zoning
regulations was adopted by the Village Board of Trustees (the “Lead
Agency” or “Village Board”) in 2021. No additional amendments to
the PUD zoning are proposed as part of the amendments to the
Amended PUD Site Plan.
Location: The Project Site is designated as 900 King Street within the Village
of Rye Brook, County of Westchester, New York (Tax Map Parcel
No. 129.68-1-13).
The Village of Rye Brook Planning Board (the “Planning Board”) is an Involved Agency, as defined
by the New York State Environmental Quality Review Act (Article 8 of the New York State
Environmental Conservation Law) and its implementing regulations, 6 NYCRR Part 617, referenced
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herein as “SEQRA,” in the review of the Proposed Action identified below. Pursuant to the
requirements of SEQRA, the Planning Board makes the findings contained herein for the Proposed
Action.
In preparing this Involved Agency SEQRA Findings Statement, the Planning Board relies on the facts
and analysis presented in the Draft Environmental Impact Statement (“DEIS”) and the Final
Environmental Impact Statement (“FEIS”) and the current environmental record before the Village
Board and Planning Board.
JURISDICTION OF PLANNING BOARD
Pursuant to § 250-7.E(4)(c) of the Rye Brook Village Code, the Planning Board is the approval
authority for the Second Amended PUD Site Plan.
In addition, pursuant to § 245-3 and § 213-7.B of the Rye Brook Village Code, the Planning
Board is the approval authority empowered to grant or deny wetland permits, if any, and steep
slope permits, if any.
DESCRIPTION OF ACTION
Sunrise Development, Inc. (the “Applicant”) has made an application on behalf of 900 King Street
Owner, LLC (the “Owner”) for a Second Amended PUD Site Plan for the construction of an
integrated, age-restricted residential community (the “Proposed Project”) that would replace the
existing, largely vacant, office building and surface parking lot at 900 King Street (the “Project Site”
or the “Site”) in the Village of Rye Brook (the “Village”), New York.
The PUD Site Plan was originally approved in September 2021. To effectuate its proposal, the Owner
had petitioned the Village Board to amend the Rye Brook Zoning Code to include a section entitled,
900 King Street Planned Unit Development, as Section 250-7(E)(6) (“Proposed Zoning”). The
Proposed Project, Proposed Zoning and Proposed Local Law were together referred to as the
Proposed Action. The 2021 PUD Site Plan included both a Wetland Permit and a Steep Slope Permit.
In 2025, the Applicant applied to amend the 2021 PUD Site Plan (“Amended PUD Site Plan”) with
the following proposed changes:
Reduction of the building footprints of the Independent Living and Assisted Living buildings
to reduce the building 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 Independent Living building
Addition of a garden area to the Assisted Living building
Modifications to the rear loading zone, generator space and trash area
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Reconfiguration of Townhouse garages to be 2-car garages instead of 1-car garages
Modification of the footprints of 10 of the cottages to allow a second main level bedroom
The Planning Board approved the Amended PUD Site Plan after which the Project received Village
of Rye Brook Architectural Review Board (the “Architectural Review Board”) approval. The
Amended PUD Site Plan did not necessitate any changes to the Wetland Permit and Steep Slopes
Permit previously approved by the Planning Board.
In 2026, the Applicant applied to amend the Amended PUD Site Plan (“Second Amended PUD Site
Plan”) with the following proposed changes:
Relocation of Townhouses from approved footprints in Amended PUD Site Plan
Reconfiguration of loop road, sidewalk and walking path adjacent to the Townhouses
Revision to grading plan for Townhouse area
Modifications to sanitary sewer system routing
Modifications to stormwater system in garage
Addition of trench drains and oil water separator for by-pass line in garage
Modifications to generator space and trash area
Reconfiguration of allocated parking and land bank parking spaces
Architectural modifications including enclosing two shallow covered exterior patios at ground
level to minimally expand and enlarge the adjacent interior space, addition of exterior roof
awnings over sitting areas in the IL North and AL North courtyards, addition of louvers for
air conditioner units under windows on the AL building exterior and conversion of guards on
upper level balconies from solid wall to aluminum picket rails.
PROJECT SITE
The Project Site is located at 900 King Street in the Village and is approximately 17.77 acres. The
Site is bounded to the north by the Hutchinson River Parkway (the “Parkway”), to the east by the
Rye Brook Police Department (RBPD), Rye Brook Fire Department (RBFD), Village Hall, and
approximately 168 feet along King Street (NYS Rt. 120A), to the south by Arbor Drive, Harkness
Park, and the Blind Brook Middle School and High School, and to the west by The Arbors
townhouse community. Access to the Site is from Arbor Drive, which connects to King Street at
a signalized intersection. Arbor Drive is a private street, owned by The Arbors Homeowner’s
Association. The Project Site is the beneficiary of an easement, allowing the Project Site to access
an improved Arbor Drive. Secondary emergency access to the Project Site is proposed via
easement through the Village Hall property to the east. The Project Site, The Arbors, and Harkness
Park are within the Village’s Planned Unit Development (PUD) zoning district. The schools,
municipal buildings, the Parkway, and the area to the north are within residential zoning districts
(e.g., R-15 and R-20).
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PROPOSED PROJECT
The Proposed Project includes construction of an integrated age-restricted residential community that
includes IL, AL, and age-restricted residential townhouse units. The Second Amended PUD Site Plan
application does not propose a change in the number of proposed units or the number of proposed
bedrooms. The Proposed Project would include 231 residential units, including 126 IL units, 20
townhouse units, and 85 AL units. The Applicant has represented that the community will be owned
and operated by Sunrise Development, Inc. that will offer the various units for rent. Residency within
the community will be restricted to those 62 years old or older—a change from the DEIS, which
proposed a community restricted to those 55 years old and older. The findings herein rely specifically
on the assumption that the community will be operated as a rental, taxed, integrated residential senior
living facility restricted to those 62 years old or older.
To construct the Proposed Project, the existing 215,000 sf office building and 5.3-acre surface
parking lot on the Project Site would be removed. Construction of the Proposed Project would occur
on the portions of the Project Site that have been previously disturbed by prior development. The
Proposed Project would not disturb the existing vegetation in the western portion of the Project Site,
between the Project Site and The Arbors.
The Applicant modified the project originally proposed in its petition and analyzed in the DEIS. In the
FEIS, this project was referred to as the “Revised Proposed Project.” SEQRA allows for, and in
principle encourages, applicants to modify projects in response to public comment on the DEIS, so
long as those modifications, and any potential environmental impacts of those modifications, are
described and analyzed in the FEIS, which they were. The principal modifications from the original
project include the following:
Raising the age restriction for residents of the Proposed Project from 55 years old and
older to 62 years old and older, consistent with the existing Site zoning;
Reducing the proposed gross square feet (gsf) of the Proposed Project by 89,098 square
feet (sf)1, a 20 percent reduction in size, through:
- Reducing the number of proposed IL units by 24 units (15 percent) from 160
to 136;2
- Reducing the average IL unit size by 100 sf, or 8 percent;
1 The square footage of the IL/AL building was further reduced by approximately 10,000 gsf in the
“Further Reduced Alternative” discussed below.
2 The number of IL units was further reduced from 136 units to 126 units in the “Further Reduced
Alternative” discussed below.
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- Reducing the number of two- and three-bedroom IL units and increasing the
percentage of one-bedroom IL units, thereby reducing the total number of
bedrooms in the IL building by 22 percent;
- Reducing the size of the amenity and common spaces in the IL and AL
building; and,
- Reducing the number of townhouse units by 16.7 percent from 24 units to 20
units.
Increasing the setback of the IL building from Arbor Drive and from The Arbors, as
follows:
- Increasing the setback of the three-story portion of the IL building an additional
31 feet from Arbor Drive, for a total setback of 147 feet, and an additional 86
feet from The Arbors, for a total setback of 550 feet from the property line with
The Arbors; and
- Increasing the setback of the four-story portion of the IL building an additional
30 feet from the Arbors, for a total setback of 494 feet from the property line
with The Arbors.
Reducing the height of the IL roof closest to The Arbors to reduce the potential for
visual impacts;
Increasing the setback of the townhouses from The Arbors;
Reconfiguring the interior layout of the proposed age-restricted townhouses to relocate
the master bedroom to the first floor to more clearly meet the needs of the residents;
Reducing the amount of grading required during construction as well as reducing the
amount of fill material required to be imported to the Site by lowering the elevation of
the finished floor of the IL and AL building by 18 inches and by reconfiguring the
layout and reducing the number of townhouses; and
Expanding the on-Site pedestrian path system by 5,690 linear feet and providing an
enhanced landscape program, most notably along Arbor Drive. As a result of the
reduction in the size of the IL and AL building and the increased setback of that
building from Arbor Drive, the landscaped area was extended approximately 25 feet
“deeper” in the Project Site providing additional screening of the IL building from
Arbor Drive.
As part of the FEIS, and at the request of the Lead Agency, the Applicant also developed a “Further
Reduced Alternative,” which is substantially similar to the Revised Proposed Project. The only
difference is that the Further Reduced Alternative included ten fewer IL units than the Revised
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Proposed Project (126 units) and, subsequently, an IL/AL building that is approximately 10,000 gsf
smaller than the Revised Proposed Project (345,902 s.f.).
In the 2021 Findings Statement, the Lead Agency found that with the mitigation measures and
conditions implemented, the Further Reduced Alternative minimizes environmental impacts to the
maximum extent practicable consistent with social, economic and other essential considerations.
Therefore, the 2021 Statement of Findings described the program and impacts of this alternative,
which is referred to as the “Further Reduced Alternative” or the “Proposed Project.” In the 2025
Amended Findings Statement, the Lead Agency found that the Amended PUD Site Plan continued
to minimize environmental impacts to the maximum extent practicable consistent with social,
economic and other essential considerations. In its 2026 Second Amended Findings Statement
adopted on April 28, 2026, the Lead Agency found that the Second Amended PUD Site Plan would
minimize environmental impacts to the maximum extent practicable consistent with social,
economic and other essential considerations.
The Planning Board makes reference to the Lead Agency’s prior 2021, 2025 and 2026 Statements
of Findings pursuant to SEQRA. The Lead Agency’s prior analysis is retained herein and is
supplemented by a description and analysis of the impacts presented by the Second Amended PUD
Site Plan (“Second Amended Further Reduced Alternative”) as compared to the project
analyzed in the 2021 Findings Statement. This document provides specific findings and reasoned
elaboration of the relevant facts and conclusions as interpreted by the Planning Board relating to
specific approvals under its jurisdiction.
The Planning Board, as an Involved Agency, has reviewed the changes proposed as a result
of the Second Amended PUD Site Plan, concurs with the Findings issued by the Lead Agency
and finds that its Second Amended Further Reduced Alternative minimizes the
environmental impacts to the maximum extent practicable consistent with social, economic
and other essential considerations.
ENVIRONMENTAL ANALYSIS
A. LAND USE, PUBLIC POLICY, AND ZONING
The Second Amended Further Reduced Alternative does not change the building coverage or the
gross land coverage from the Amended Further Reduced Alternative and therefore does not result in
any additional impacts related to land use, public policy, or zoning. The Planning Board incorporates
by reference the Lead Agency's findings from the original analysis of the Further Reduced Alternative
with respect to land use, public policy, and zoning which remain unchanged as a result of the Second
Amended Further Reduced Alternative.
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B. Geology, Soils, and Topography
The Limit of Disturbance (“LOD”) or disturbance to steep slopes has not been increased by the
Second Amended Further Reduced Alternative. Slight grading adjustments are proposed in the
townhouse area to reduce the overall elevation difference between townhouse Units 17-20 and the
ring road. As a result, there will be a net decrease of approximately 5 linear feet of walls up to eight
(8) feet high and a net increase of approximately 274 linear feet of retaining walls up to four (4) feet
high. It is not anticipated that the proposed amendments to the site will result in any additional impacts
related to geology, soils or topography. The Planning Board incorporates by reference the Lead
Agency's findings from the original analysis of the Further Reduced Alternative with respect to
geology, soils or topography impacts which remain unchanged as a result of the Second Amended
Further Reduced Alternative.
C. Waters and Wetlands
The Second Amended Further Reduced Alternative reconfigures the loading zone, generator area and
parking to the rear of IL/AL building. This reconfiguration has resulted in a slight increase of
impervious surfaces within Wetland Buffer B-C. Specifically, the impervious surface within the
buffer will be increased from 0.259 acres to 0.268 acres without the landbank parking and from 0.305
acres to 0.3108 acres with landbank parking. Although there is a slight increase in impervious surfaces
under the Second Amended Further Reduced Alternative, the increase does not result in a impervious
surface coverage that is greater than that proposed by the Further Reduced Alternative. In other words,
the changes to the project proposed in 2025 decreased the amount of impervious coverage within the
buffer of Wetlands B & C and the changes now being proposed revert to the same or similar amount
of impervious surface coverage presented in the original approved project in 2021. The Second
Amended Further Reduced Alternative also reconfigures the Townhouses adjacent to Wetland Buffer
A. This reconfiguration results in no change to impervious surface within Wetland Buffer A. The
Planning Board incorporates by reference the Lead Agency's findings from the original analysis of
the Further Reduced Alternative with respect to waters and wetlands which remain unchanged as a
result of the Second Amended Further Reduced Alternative.
D. Stormwater Management
The Second Amended Further Reduced Alternative results in no change to building coverage from
the Amended Further Reduced Alternative, which decreased the building coverage from 2.932 acres
(16.50%) to 2.827 acres (15.91%) and reduced the gross land coverage from 40% to 37.78%. Also,
Second Amended Further Reduced Alternative results in a net decrease in impervious surface
coverage of approximately 106 square feet. The stormwater management system is proposed to be
modified to adjust a stormwater line through the garage and add an oil/water separator to
accommodate the lowering of the garage elevation by approximately 2 feet, and to add trench drains
at the front and rear garage ramp entrances to pick up flow directed toward those entrances. It is not
anticipated that the proposed amendments to the site will result in any additional impacts related to
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stormwater management. The Planning Board incorporates by reference the Lead Agency's findings
from the original analysis of the Further Reduced Alternative with respect to stormwater management
which remain unchanged as a result of the Second Amended Further Reduced Alternative.
E. Vegetation and Wildlife
The Second Amended Further Reduced Alternative does not increase the number of trees to be
removed from the Site. However, 512 trees will be planted on the Site, which is 33 additional trees
from the original proposal. The Second Amended Further Reduced Alternative results in no change
in the Project’s building coverage or gross land coverage. The Amended Further Reduced Alternative
had reduced the building footprint and had decreased the building coverage from 2.932 acres
(16.50%) to 2.827 acres (15.91%) and had reduced the gross land coverage from 40% to 37.78%
creating additional open space on site. It is not anticipated that the proposed amendments to the site
will result in any additional impacts related to vegetation or wildlife. The Planning Board incorporates
by reference the Lead Agency's findings from the original analysis of the Further Reduced Alternative
with respect to vegetation and wildlife which remain unchanged as a result of the Second Amended
Further Reduced Alternative.
F. Visual Resources and Community Character
The Second Amended Further Reduced Alternative will result in a net increase of 33 additional trees
from the original proposal, with the vegetative buffer around the perimeter of the Site being
maintained. The Second Amended Further Reduced Alternative results in no change in the Project’s
building coverage or gross land coverage. The Amended Further Reduced Alternative had reduced
the building footprint and had decreased the building coverage from 2.932 acres (16.50%) to 2.827
acres (15.91%) and had reduced the gross land coverage from 40% to 37.78% creating additional
open space on site. Minor architectural features are proposed to be modified, including some new
windows behind the porte cochere roof, enclosure of porch areas at the ground level office space,
addition of louvers for AC units under certain windows and some adjustments to balconies on upper
levels, but the building height will remain as previously approved. The Second Amended Further
Reduced Alternative does not result in any additional impacts related to visual resources and
community character. The Planning Board incorporates by reference the Lead Agency's findings from
the original analysis of the Further Reduced Alternative with respect to visual resources and
community character which remain unchanged as a result of the Second Amended Further Reduced
Alternative.
G. Community Facilities
The Second Amended Further Reduced Alternative does not add additional IL, AL, or townhome
units to the site plan. It is not anticipated that the proposed amendments to the site will result in any
additional impacts related to community facilities, including those related to emergency services and
fire protection. The Planning Board incorporates by reference the Lead Agency's findings from the
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original analysis of the Further Reduced Alternative with respect to community facilities which
remain unchanged as a result of the Second Amended Further Reduced Alternative.
H. Infrastructure and Utilities
The Second Amended Further Reduced Alternative does not add additional IL, AL, or townhome
units to the site plan. It is not anticipated that the proposed amendments to the site will result in any
additional impacts related to infrastructure, utilities, water supply or sewage disposal facilities. The
Planning Board incorporates by reference the Lead Agency's findings from the original analysis of
the Further Reduced Alternative with respect to infrastructure and utilities which remain unchanged
as a result of the Second Amended Further Reduced Alternative.
I. Traffic and Transportation
The Second Amended Further Reduced Alternative does not add additional IL, AL, or townhome
units to the site plan. Therefore, there will be no change in the number of vehicular trips to and from
the site. It is not anticipated that the proposed amendments to the site will result in any additional
impacts related traffic or transportation. In addition, the Second Amended Further Reduced
Alternative proposes relocation of certain parking spaces but will not result in a reduction of the
number of paved or land banked parking spaces proposed in the Further Reduced Alternative. The
Planning Board incorporates by reference the Lead Agency's findings from the original analysis of
the Further Reduced Alternative with respect to traffic and transportation which remain unchanged
as a result of the Second Amended Further Reduced Alternative.
J. Construction
The Second Amended Further Reduced Alternative results in no change to building coverage,
relocates Townhouses, reconfigures the loop road, sidewalk and walking path adjacent to the
Townhouses, makes modifications to sanitary sewer routing, makes modifications to the garage
stormwater management system, reconfigures the rear loading zone, generator area and trash
enclosure location, and reconfigures allocated parking and land bank parking. The proposed changes
to the Site Plan will not have an impact on the duration of construction, create additional noise during
construction or proposed construction in new areas of the Site. The Planning Board incorporates by
reference the Lead Agency's findings from the original analysis of the Further Reduced Alternative
with respect to construction which remain unchanged as a result of the Second Amended Further
Reduced Alternative.
SEQRA FINDINGS
This Involved Agency Second Amended Findings Statement retains the analysis provided in the 2021
Findings Statement which was based on the administrative record including the Draft Environmental
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Impact Statement (“DEIS”), Final Environmental Impact Statement (“FEIS”), and the comments
from the public and agencies. It also retains the analysis provided in the Lead Agency’s Amended
Findings Statement adopted in 2025 and the Lead Agency’s Second Amended Findings Statement
adopted in 2026.
Pursuant to Article 8 of the Environmental Conservation Law and its implementing regulations (6
NYCRR Part 617) and after due consideration of the relevant environmental impacts, facts and
conclusions disclosed in the DEIS and FEIS and subsequent environmental record, and after weighing
and balancing the relevant environmental impacts with social, economic, and other considerations
and the relevant provisions of the Village of Rye Brook Village Code, the Planning Board certifies
that the Proposed Project avoids and minimizes adverse environmental impacts to the extent
practicable.
The Planning Board hereby certifies that its obligations as an Involved Agency under 6 NYCRR Part
617 have been met.
INVOLVED AGENCY DISCUSSION OF DECISION
As reflected in the foregoing, the Planning Board, as an Involved Agency, has carefully
considered the Second Amended Further Reduced Alternative, and has considered in detail the
social, economic, fiscal, land use and other relevant factors, as well as the reasonably anticipated
environmental impacts of the Second Amended Further Reduced Alternative and measures to
mitigate impacts with respect to those aspects within the Planning Board’s jurisdiction. These
findings are the result of the Involved Agency’s weighing and balancing of these and other
relevant factors and considerations as set forth above.
Certificate of Findings to Approve the Action:
Accordingly, having considered the DEIS and FEIS, the Planning Board through this Findings
Statement, certifies that:
A. It has considered the relevant environmental impacts, facts and conclusions disclosed in
the DEIS and FEIS;
B. It has weighed and balanced the relevant environmental impacts with social, economic
and other considerations;
C. The requirements of 6 NYCRR Part 617 have been met; and
D. Consistent with social, economic and other essential considerations from among the
reasonable alternatives available, the Second Amended Further Reduced Alternative, as modified
by this Statement of Findings, avoids or minimizes adverse environmental impacts to the
maximum extent practicable; and
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E. Adverse environmental impacts will be avoided or minimized to the maximum extent
practicable by incorporating as conditions of any site plan approval within the Project Site those
relevant mitigation measures identified in the DEIS, FEIS and this Statement of Findings.
Certified by the Planning Board by Resolution adopted on May 14, 2026.
Planning Board, Village of Rye Brook
By:_______________________
Robert Goodman
Planning Board Chairperson