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HomeMy WebLinkAboutBP12-112 White Hamilton New York 10 Floor �- -~ = White Plains,New York 10601 rCUDDY a ���, � T; ( T 914 7611300 +FEDER = ,iq F 914 7615372 --- 1 cuddyfeder.com LLP / s �� / i_l V I L L. G 1E CI. March 29, 2017 Anthony B. Gioffre III agioffre CcD cuddyfeder.com VIA FEDERAL EXPRESS D Mayor Paul S. Rosenberg (� and Members of the Board of Trustees l� Village of Rye Brook Offices MAR 3 0 938 King Street Z0�] Rye Brook, NY 10573 VILLAGE OF RYE BROOK BUILDING DEPARTMENT Re: Request for Extension of Special Permit Section 124.81, Block 1, Lot 1 Premises: 11oo King Street Rye Brook New York Dear Mayor Rosenberg and Members of the Board of Trustees: This letter and enclosed materials are respectfully submitted on behalf of Reckson Operating Partnership, L.P. ("Reckson"). The Board of Trustees (the "Board") granted a Special Permit at its April 24, 2012 meeting for the construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park located at 11oo King Street (the "Premises"). The Special Permit is valid for five years and is set to expire on April 24, 2017. As such, Reckson respectfully requests renewal of the previously issued Special Permit. In its 2012 Resolution,the Board found that the location, size and character of the one car garage was in harmony with the appropriate and orderly development of the Campus/ Office Building ("OB-1") Zoning District and Scenic Roads Overlay District in which the Premises is situated. A copy of the 2012 Resolution is attached for your reference. This Board has previously determined that the one car garage is compliant with the criteria for special permits in the office building districts, as enumerated in Village Code Section 250-6(H)(1)(c)(4)(a). Pursuant to the condition set forth in the Resolution and Chapter 212 of the Village Code,a fire suppression system has been installed in the garage and there has been no change in circumstances since the granting of the Special Permit. Enclosed please find a completed Special Permit Application and a copy of the Board of Trustees' April 24, 2012 Resolution granting the Special Permit. Also enclosed is a check in the amount of $300.00 made payable to the Village of Rye Brook, representing the Special Permit renewal fee. On behalf of Reckson,we respectfully request that the fee submitted be accepted and any balance that would otherwise be imposed be waived. The Village's fee schedule does not identify specifically a fee for such a Special Permit renewal. It does, however, identify Special Permit renewal fees for wireless or home occupation Special Permit renewals. We respectfully submit that such a Special Permit application fee is exorbitant, bears no nexus to the administrative capacity such fees are designed to cover and should not be applicable as if this was a brand new WESTCHESTER NEW YORK CITY HUDSON VALLEY CONNECTICUT C&F 3364470 1 ('CUDDY +FEDER LLP March 29, 2017 Page-2- application. The enclosed $3oo represents the average of renewal fees listed in the Village's License and Permit Fee Schedule. The courts in New York have held that "fees charged ... [should] be reasonably necessary to the accomplishment of the statutory command and the fees should be assessed or estimated on the basis of reliable factual studies or statistics." MetroPCS New York, LLC v. City of Mount Vernon, 739 F. Supp. 2d 409,425 (S.D.N.Y. 2010) (quoting Jewish Reconstructionist Synagogue of North Shore, Inc. v. Inc. Vill. of Roslyn Harbor, 352 N.E.2d 115, 118 (N.Y. 1976)) (internal quotation marks omitted). In this instance, Reckson is submitting a request to renew the previously issued Special Permit. However, the fees being imposed are required for initial Special Permit Applications, not renewal of a Special Permit. We ask that you take into account the minimal review required to renew this Special Permit as there has been no change in circumstances. The renewal will not result in a significant amount of extra paperwork, administering of accounts or requirement to hire additional personnel for this renewal request to otherwise justify an application fee that exceeds one thousand dollars. In summary, we ask the Board to take into consideration that this is a Special Permit renewal request and that Reckson should not be subjected to the unjustified additional fees that might otherwise be required and that such additional fees be waived. Reckson respectfully requests that this matter be placed on the April 11, 2017 meeting agenda. Should the Board or Village Staff have any questions or comments in the interim, please do not hesitate to contact me. Thank you for your consideration and courtesy in this matter. Very truly yours, ap-67 0- &*,p/let' Anthony B. Gioffre III Enclosures cc: Reckson Operating Partnership, L.P. WESTCHESTER NEW YORK CITY HUDSON VALLEY CONNECTICUT C&F 3364470 1 BUILD TMENT D ECEOVE VIL a>"-R: OOK MAR 3 0 938 KING .. R'f�K ><t NY 10573 ?O�J> T (914)9 - ` . ;. X�91 39-5801 VILLAGE OF RyE BROO Ay BUILDING DEPARTMENT FOR OFFICE USE ONLY: SPECIAL PERMIT APPLICATION FEE: $1,150.00 BOT Approval Date: . _ PB Approval Date: - - __ Paid Date: /3- ZBA Approval Date: Case# SITE PLAN APPLICATIO SUBMITTED: Other: Yes [ ] No [ Attach Resolution Hereto: BOT[ ] PB[ ] ZBA ©N L APPLICATION FOR SPECIAL PERMIT Application dated: "arch 29, 2017 is hereby submitted to the Village of Rye Brook for the issuance of Special Permit in accordance with§250-6.H,and any other applicable sections of the Code of the Village of Rye Brook,and as per detailed statement described below.Please note that this application must be accompanied by a complete Site Plan Application,Environmental Assessment Form and all applicable fees in accordance§209 of the Code of the Village of Rye Brook. 1. Site Address: 1100 King Street SBL: 124.61; 1; 1 Zone: OB-1 2. Property Owner: Reckeon Operating Partnership, L.P. Address: 360 Hamilton Ave., 4th Floor, White Plains NY, TO601 Tel: 914-750-7200 Cell: email: 3. Applicant: Rec so Operatiil-q-P-grtnpr-ehip-,_L...E. Address:W0Jlam11to Ave.,A_th Elanr, White Plains Tel: 914-750-7200 Cell: email: NY, 10601 4. Attorney:____ Cudd; & Feder_LLP Address:445 Hamilton Ave., 14th Floor, White Plains Pel: 914-761-1300 Cell: email: agioPrrRQ-urfdyPwriwr rom NY, 10601 5. Engineer/Architect: Not Applicable Address: Tel: Cell: email: 6. Current Use of Property: One car detached garage Within the existing parking lot. _V 7. Proposed Use of Property: No change. i i 1114116 i i Please note that this application must include the notarized signature(s) of the legal owner(s)of the above-mentioned property, In the space provided below. Any application not bearing the legal property owner's notarized signature(s)shall be deemed null and void, and will be retumed to the applicant. STATE OF NEW YORK.COUNTY OF WESTCHESTER mAtxhew Holst being duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the Owner _ for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,ugen%attorney,etc) That all statements contained herein are trite to the best of his/her knowledge and belief, and that any work performed, or use conducted at the above captioned property will be in conformance with the details as set forth and contained fit this application and in any accompanying approval resolutions,approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinan=and regulations. n p Sworn to before me this _ Sworn to before me this 2! day of , 20 /7 day of ejt�-4— , 20 / 7 T�teary Public Notary Public gnatu fPr -rty Owner natur fApplicant Print Name of Property Owner Print Name of Applicant i Benjamin Denecke Notary Public-State of New York FNotCIrY jamin Denecke Qualified in Columbia County blic-State of New YorkNo.01 DE6219O71 in Columbia County 1My Commission Expires 4/16/18 .O1DE6219O71 ission ftpiroil 4/16/18 I 1/14/16 RESOLUTION CONSIDERING A PROPOSED SITE PLAN AMENDMENT AND SPECIAL PERMIT FOR A ONE CAR GARAGE AT 1100 KING STREET (RECKSON EXECUTIVE PARK) WHEREAS, Reckson Operating Partnership, LP, property owner, has submitted an application for a special permit and site plan amendment for the construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park on property located at 1100 King Street, designated as Section 124.81, Block 1, Lot 1 on the Town of Rye Tax Map and located in the OB-1 Zoning District and Scenic Roads Overlay District; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Exterior Building Permit Application 2. Site Plan Application and Checklist 3. Letter to the Board of Trustees from Cuddy and Feder, LLP, White Plains, N.Y. datcd January 19, 2012 4. Letter to the Superintendent of Public Works from Cuddy and Feder, LLP, White Plains,N.Y. dated January 23, 2012 5. Stormwater Assessment prepared by Divney, Tung, Schwalbe, LLP, White Plains,N.Y. not dated 6. Engineer's Plans,prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y.: Sheet Number Sheet Title Date Not numbered Cover Sheet Not dated SP-1.0 Site Plan 1/4/12 Al Foundation, Floor,Roof Plans 7/1/11 rev. 1/12/12 A2 Elevations & Details 7/1/11 rev. 1/12/12 S-1 Garage Framing and Underpinning Plan 12/21/11 WHEREAS, on February 14, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a Type II Action requiring no additional review under SEQRA; and Board of Trustees Meeting April 24,2012 Page 6 WHEREAS, on February 14, 2012 the Board of Trustees referred the application to the Planning Board for report and recommendation; and WHEREAS, the Planning Board reviewed the application at its March 8, 2012 meeting and referred a report and recommendation to the Board of Trustees on March R, 2012; and WHEREAS, the application was referred to the Westchester County Department of Planning for notification purposes only on March 15, 2012, and WHEREAS, the Applicant requests a waiver of certain documents listed on the Site Plan Review Check List; and WHEREAS, on April 4, 2012, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on April 4, 2012; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application; and WHEREAS, the Board of Trustees has considered the special permit standards set forth at Village Code §§ 250-6(fl)(1)(c)(1) and 250-6(H)(1)(c)(4); and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that after reviewing the recommendation of the Village Engineer/Superintendent of Public Works, the Board of Trustees hereby grants the Applicant's request for a waiver from submittal of the documents on the Site Plan Review Check List; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds with respect to the special permit standards set forth at Village Code §250- 6(H)(1)(c)(1), that the one car garage is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds with respect to the special permit standards set forth at Village Code §250- 6(H)(1)(c)(4), that the location and size of the one car garage and the nature and Board of Trustees Meeting April 24,2012 Page 7 intensity of the operations involved in or conducted in connection with the one car garage are such that it will not not cause or result in: [i] Dissemination of dust, noise, vibration, excessive light, odor, smoke, observable or detectable gas or fumes or other atmospheric pollutant or any harmful discharge of industrial waste materials beyond the boundaries of the site on which such use is conducted. [ii] Menace by reason of fire, explosion or other physical hazard, including radiation. [iii] Interference with radio or television reception beyond the immediate site of the building in which such use is conducted or scientific testing of devices or instruments which requires the flying of aircraft over the building in relationship to activities in the buildings in such a manner as to cause a public nuisance. [iv] Unusual traffic congestion on the streets and highways giving access to the site; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves a special permit as referenced herein authorizing construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park, subject to the following conditions: 1. The Special Permit shall be valid for a period of 5 years following the date of this resolution. The Special Permit may be renewed by the Board of Trustees upon written request provided the applicable Special Permit standards are satisfied. 2. The one car garage shall contain a fire suppression system in accordance with Chapter 212 of the Village Code; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan amendment referenced herein to construct a one car garage on the north side of an existing parking lot at Reckson Executive Park; 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. Board of Trustees Meeting April 24,2012 Page 8 There was no further discussion on this matter, and Mayor Feinstein called for a motion. On a motion made by Trustee Redneck, and seconded by Trustee Rosenberg, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Redneck Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L.Feinstein Voting Aye Mayor Feinstein, with the consensus of the Board, called for a matter out of order from the agenda. 3) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2012 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 212 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2012 Independence Day Celebration; and WHEREAS, the Village of Rye Brook Village Board would like to continue to assist the Independence Day Committee with this event. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook will pay three thousand five hundred dollars ($3,500.00) to the Port Chester-Rye Brook-Town of Rye Independence Day Committee for its 2012 Independence Day Celebration. Board of Trustees Meeting April 24,2012 Page 9 On a motion made by Trustee Heiser and seconded by Trustee Klein, the following resolution was adopted. RESOLUTION APPROVING RENEWAL OF A SPECIAL PERMIT FOR A ONE CAR GARAGE AT 1100 KING STREET (RECKSON EXECUTIVE PARK) VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, on April 24, 2012 the Village of Rye Brook Board of Trustees adopted a resolution approving applications by Reckson Operating Partnership, LP, property owner, for a special permit and site plan amendment for the construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park on property located at 1 100 King Street, designated as Section 124.81, Block 1, Lot 1 on the Town of Rye Tax Map and located in the OB-I Zoning District and Scenic Roads Overlay District; and WHEREAS, pursuant to the terms and conditions of the Resolution the Special Permit was valid for a period of 5 years following the date of the Resolution and may be renewed by the Board of Trustees upon written request, provided the applicable special permit standard are satisfied; and WHEREAS, the Special Permit is scheduled to expire on April 24, 2017; and WHEREAS, on March 30, 2017 the Village received a letter dated March 29, 2017 from Anthony B. Gioffre, Esq., Cuddy & Feder LLP, submitted on behalf of Reckson Operating Partnership, L.P., requesting renewal of the previously issued Special Permit; and i WHEREAS, the proposed action is a Type II action pursuant to the New York State Environmental Quality Review Act(SEQRA) and therefore no SEQRA review is required; and WHEREAS, the Village Code does not require a public hearing for a request to renew a Special Permit; and WHEREAS, the Board of Trustees has considered the special permit standards set forth at Village Code §§ 250-6(H)(1)(c)(1) and 250-6(H)(1)(c)(4) to determine whether the existing use continues to satisfy the special permit standards; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the application. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby finds that the existing one-car garage at 1100 King Street continues to satisfy the special permit standards referenced herein and grants the requested renewal of the Special Permit for the existing use for a term of five (5) years commencing as of the date of this Resolution, subject to the following conditions: 1. A fire suppression system in conformance with Chapter 212 of the Village Code shall continue to be maintained for the one-car garage. 2. The Special Permit may be further renewed at the expiration of this 5-year renewal term upon written request provided the applicable special permit standards are satisfied. 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 EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK ABSENT 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 April 12, 2017 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village of Rye Brook, this 19`h day of April, 2017 Vill ge Cl