HomeMy WebLinkAbout1998-11-17 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, NOVEMBER 17, 1998-7:30 P.M.
LIFE-SAVING AWARD PRESENTATION -- RICHARD KELLER
PLEDGE OF ALLEGIANCE ACTION:
PUBLIC HEARINGS:
1. CONTINUATION OF HEARING ON THE PROPOSED SITE
PLAN, SUBDIVISION AND WETLANDS PERMIT
APPLICATIONS FOR ARROWWOOD/PFIZER INC.
2. PROPOSED LOCAL LAWS INTRO. #6 AND # 7,AS REVISED,
TO ENACT AMENDMENTS TO THE ZONING CODE WITH
REGARD TO PUD ZONING AND THE PUD CONCEPT PLAN
FOR ARROWWOOD/PFIZER INC.
3. APPLICATION FOR SUBDIVISION PLAT APPROVAL BY
WESTCHESTER AVENUE HOLDING COMPANY FOR 538
WESTCHESTER AVENUE,
RESOLUTIONS:
4. FINDINGS STATEMENT FOR ARROWWOOD/PFIZER INC.
5. CONSIDERING ADOPTING LOCAL LAW INTRO. # 7- 1998
(AS REVISED)AMENDING SECTION 250-7(E) OF THE CODE
OF THE VILLAGE OF RYE BROOK IN RELATION TO
PLANNED UNIT DEVELOPMENT DISTRICT STANDARDS.
6. CONSIDERING ADOPTING LOCAL LAW INTRO. #6 - 1998
(AS REVISED)ENTITLED "A LOCAL LAW, IN
RELATION TO THE ARROWWOOD AND DORAL GREENS
PROPERTY TO ESTABLISH THE APPLICABLE PUD
REGULATIONS AND TO AMEND THE PUD CONCEPT PLAN
FOR THE DEVELOPMENT."
7. CONSIDERING APPROVAL OF THE PUD CONCEPT PLAN,
SITE PLAN, SUBDIVISION AND WETLANDS PERMIT
APPLICATIONS FOR THE ARROWWOOD/PFIZER PROJECT.
8. CONSIDERING THE RED ROOF FARM SURETY BOND.
November 17, 1998
PAGE 2
9. CONSIDERING TRANSFERRING A DUMP TRUCK TO THE
TOWN OF RYE.
10. CALLING FOR A PUBLIC HEARING ON A PROPOSED LOCAL
LAW TO ENACT A MORATORIUM ON THE INSTALLATION
OF PERSONAL WIRELESS SERVICE FACILITIES.
11. CONSIDERING THE SEWAGE PUMP STATION AGREEMENT
WITH BELLEFAIR.
12. STOP DWI AGREEMENT WITH WESTCHESTER COUNTY
13. CHECK REGISTERS.
DISCUSSION:
14. KIP KONIGSBERG, ESQ., K& M REALTY GROUP, LTD.
PRELIMINARY DEIS FOR THE BOWMAN
AVENUE DEVELOPMENT.
NEXT TRUSTEES MEETINGS:
DECEMBER 1, 1998
DECEMBER 15, 1998
Village Hall is fully accessible to the handicapped.
Those who need special arrangements should contact
the Village Administrator's Office
ONE WEEK IN ADVANCE OF A MEETING
at (914) 939-1121.
32
MINUTES OF A MEETING
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
VH.LAGE HALL 938 KING STREET
RYE BROOK, NEW YORK
i
NOVEMBER 17, 1998
CONVENE MEETING
The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room and the Pledge
of Allegiance followed.
The following members of the Board of Trustees were present:
Mayor Francis L. Filipowski
Trustee Donald E. Degling
Trustee Joseph Pellino
Trustee Eugene R. Strum
Trustee Gary J. Zuckerman
Village staff attending the meeting were:
Village Administrator, Christopher J. Russo
Village Attorney,Kenneth E. Powell
Village Engineer, Victor Carosi, P.E.
Assistant to the Administrator, Richard C. Slingerland
Planning Consultant Christian K. Miller, F. P. Clark Associates
Police Chief Robert Santoro
Secretary to the Administrator Debby Ybarra
The mayor announced that the first issue on the agenda for the night was the presentation of a life saving
award to Mr. Richard Keller, a former resident of Rye Brook. Randy Newman, Vice President of the Rye
Brook P.B.A., came up to present the award. Officer Newman gave a brief synopsis of the events on June
21", 1998. He explained how Mr. Keller heard a commotion and crying in his neighbors yard, he jumped
the fence when he heard that the neighbors say their little girl Alexa had fallen into the pool and he gave
her the Heimlich maneuver and CPR and saved her life. Officer Newman called Mr. Keller up to the
podium and presented him with the award. Mr. Keller received a standing ovation.
PUBLIC HE,
I. CONTINUATION OF HEARING ON THE PROPOSED SITE PLAN, SUBDIVISION
AND WETLANDS PERMIT APPLICATIONS FOR ARROWWOOD/PFIZER INC.
Mayor Filipowski opened the public hearing and asked if there were any comments from the Board or
from the audience. Anthony Gioffre, of Gioffre and Gioffre,P.C., gave a presentation on behalf of the
application by Arrowwood/Pfizer, Inc. He introduced the representatives of the applicant attending the
meeting, including David Smith of Saccardi and Schiff,Ray DelSalvio of Gordon Associates, Project
Coordinator, Bruce Blum, Executive Vice President of Doral/Arrowwood Conference Center Associates,
along with Andrew Burns and Donald Wentworth, Arthur R. Silverman Director of Public Services,
Pfizer Corporation, Gregg Vale of the Pfizer Corporation, Pam Lester of Horsman and Lester,
Landscaping Architects, Andrew Federson of Ralph Mastromonaco Engineers, and Lisa Gioffre of
Gioffre and Gioffre, P.C.
November 17, 1998
Anthony Gioffre explained the principal features of the project, including the approval of the construction
of a state of the art training facility located at the north end of the site, and the addition of a 100 room
guest accommodation wing. Mr. Gioffre went on to explain what the planned use for the training center,
how guests would arrive, and the overall intent for the finished project. Mr. Gioffre listed some of the
benefits this project would bring to the Village, including a substantial contribution to the real property
tax base for the Village and school district, the privilege of working hand in hand with one of the leading
corporations in the world, and the introduction of a quality neighbor to our community. He informed the
Board that this proposal had been revised to meet the needs addressed at past meetings by both residents
and Board members. Mr. Gioffre went over the requests that the applicants had made of the Board. He
concluded his statement and the mayor asked for any other comments.
Steven Silverberg then took the podium on behalf of the Doral Greens Homeowners Association (HOA).
Mr. Silverberg explained that the homeowners had reached an understanding with the developers in
regards to future development on the site. He then suggested a number of changes in the language of the
proposal and the resolution.
Floyd Caplan, Member of the Rye Brook Planning Board next addressed the Board. He stated that when
the Planning Board had approved the proposal by Arrowwood/Pfizer it was only for a conference center,
and not for any additional commercial development. He felt it seemed that plans for future development
had become a concluded fact, against the recommendations of the Planning Board.
Christian Miller, of F. P. Clark Associates, responded that the Board of Trustees had been pulled in a few
directions, because the zoning for the property was unclear. He explained that the Trustees had decided
that the addition to the proposal was an acceptable one. Trustee Strum clarified with Mr. Miller that it
was potential development in the Village of Rye Brook and that it would be subject to the approval of the
Board of Trustees adopting the resolution with an additional structure shown on the plan, they were not
giving outright permission for the additional development. Mr. Miller explained that the PUD concept
plan relied heavily on planning for the site. He suggested that the notation of the additional development
should not mean that the Board was granting tacit approval of the plan and the future development.
Mr. Miller then went on to state some concerns on language in the proposal stating that might be
construed to grant implicit approval from the Board. Trustee Strum agreed and stated that if Mr. Miller
thought it was a problem, then it should be changed. He suggested that a caveat be added to the
resolution stating something like, "this approval resolution in no way binds the Village to approval of this
(additional) project". Mr. Miller suggested that the Board could stipulate that its approval did not grant
concept plan approval, or FAR approval, and that the Board could also reserve its rights under SEQRA
Trustee Pellino felt that this was not really an issue since zoning for the site had been determined to be
PUD and any future project would have to come before the Board for approval. The Mayor then asked
Mr. Miller if the letters between Doral and the Doral Greens Homeowners' Association (HOA) could be
used as a contract. Mr. Silverberg, attorney for the HOA, replied that they did enter into a contract and
that they included a request for the Board to put a limit on the area to be developed. There was a brief
discussion between Mr. Miller and Mr. Silverberg as to some of the language in the agreement. Anthony
Gioffre suggested that the Board could acknowledge on the site plan that there were covenants restricting
any f iture development, but Mr. Silverberg felt that it should be reflected in the approval resolution.
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November 17, 1998
Trustee Zuckerman interjected that by including language that was too specific, the Board could be
creating a right for the developer to build the maximum. He felt reluctant to bind the current board, or a
future board, to a determination of how the site should be developed. Mr. Silverberg felt the opposite,
stating that the Trustees would be protecting the Village by setting specific restrictions now, and would
prevent people from coming in and abusing the Village by adding language to the resolution. He stated
that while the language would not bind the Village, it would establish maximums that could be built, and
he felt that the current moment should be taken to enact such limits on future development.
Kenneth Powell briefly commented on his feelings on the language of the resolution, stating that he felt
the suggestions were too detailed, and could hurt the Village in the long run. He thought that Village had
not participated in the sketch plan for the site and could not make any kind ofjudgment call on the
proposal. Trustee Degling commented that the discussion had raised some problems in his mind. He felt
that there were many details of concern. He read the FEIS over the weekend, and in sections 1-2 and 1-
3, he noted how it set the maximum FAR of.15 5, last meeting a draft of the zoning law had provided to
.164, and in the first resolution there was an FAR of.164, but tonight the FAR was set in the resolution
at .143. He felt there was a bit of chaos and inconsistency regarding the FAR issue, and that any
confusion should be resolved prior to an approval. Trustee Degling and Mr. Miller discussed the FAR
issue for a few minutes. He noted that the change in the FAR was a result of the change in the size of the
buildings. They also discussed local laws versus zoning regulations, and if it was acceptable to allow
different building heights. Mr. Miller specifically stated that the FAR of.164 was allowed to permit a
proposed 75,000 square foot future building if in the future Doral/Arrowwood applied for it. Trustee
Degling asked for a clarification on why the local law permitted an FAR of.164 and the resolution
allowed an FAR of.143. Mr. Miller explained that the FAR of.143 in the resolution was all that was
necessary for the current approval, and that the FAR of.164 needed to be reflected in the law in order to
be consistent with the policy determination of the Board of Trustees, so that the applicant would not have
to petition for a zoning change in the future.
Mr. Silverberg made a final point that the numbers in the resolution were agreed upon with the applicant.
Mr. Gioffre made his final remarks, and there was brief discussion among Board members about who
would enforce the codes. Trustee Pellino asked if the access for the fire department had been checked.
Victor Carosi, P.E., Village Engineer, stated that the resolution requires fire access to be provided in
accordance with New York State Codes, and to the satisfaction of the Rye Brook Building Inspector.
Mr. Caplan, who is also a member of the tree committee, suggested the Board correct the dates listed for
the tree planting and David Smith of Saccardi and Schiff agreed to make the changes.
There were no further questions or comments on the matter and the mayor asked for a motion to close
the public hearing. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the Board voted
unanimously to close the public hearing.
2. PROPOSED LOCAL LAWS INTRO #6 AND#7 1998 AS REVISED, TO ENACT
AMENDMENTS TO THE ZONING CODE WITH REGARD TO PUD ZONING AND
THE PUD CONCEPT PLAN FOR ARROWWOOD/PFIZERINC.
The Mayor opened the public hearing on the local laws to enact zoning amendments, and asked for an
explanation from the Village's Planning Consultant, Christian Miller. Mr. Miller discussed the issues
relevant to the Local Laws, and the PUD Concept Plan. Starting with Local Law 96, he explained that
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November 17, 1998
this Local Law would clarify and formalize the zoning for the property as PUD, resolving any questions
that had been raised in the past. Local Law#7 would establish maximum density, as well as any
deficiencies with respect to interpreting the PUD ordinance or allowing fixture development of the Pfizer
parcel. He mentioned that implicit in this approval is that the property owners could apply for future
development of the property under the PUD Zone. Trustee Strum asked if the FAR under the proposed
law would allow the additional 75,000 square feet of development, and suggested that the Village adopt a
law in line with Trustee Degling's suggestion that the Village enact a law with the FAR at .143. Trustee
Degling wanted the 2 local laws to be consistent; he felt that the concept plan was basically the master
plan (for future development)for this property, and Mr. Miller agreed.
Trustee Zuckerman asked for the history of the FAR. Mr. Miller explained that the current buildings,
including accessory buildings, accounted for a FAR of.143, and that the proposed development would
necessitate an FAR of.164. Trustee Zuckerman and Mr. Miller also discussed building height issues, and
whether the law would allow Bellefair to build a conference center, for example. Mr. Miller explained
what the law would allow, and how the amendments would allow an additional building of 75,000 square
,feet at Arrowwood,with a building height of 35 feet. Trustee Strum noted that the law could further
restrict the height of any additional building. Trustee Zuckerman had a few additional issues, and the
Board concluded their discussion. At this time Mayor Filipowski opened the floor to comment.
David Smith of Saccardi and Schiff, representing the applicant, commented on the discussions regarding
the FAR issues. He noted that the resolution that went out, with a FAR noted of.164, were accurate. He
felt that the proposed higher floor ratio would benefit the village in the longer run. There were no further
comments, and on the motion of Trustee Strum, seconded by Trustee Pellino, the Board agreed
unanimously to close the public hearing.
3. APPLICATION FOR SUBDIVISION PLAT APPROVAL BY WESTCHESTER AVENUE
HOLDING COMPANY FOR 538 WESTCHESTER AVENUE.
Mr. Gary Gianfrancesco, AIA, spoke as architect for the applicants, Westchester Avenue Holding
Company. He explained that the applicant proposed subdividing the 24,560 square foot lot into 2 lots,
one with an area of 8,193.square feet, and the larger lot with the house would have 16,367 square feet, in
a zone which requires a minimum lot size of 5,000 square feet. He explained the layout of the proposed
subdivision, and the proposed layout of the structures and the parking on the properties.
The Mayor opened the floor to questions, and Trustee Strum asked about whether access/egress
restrictions were required for the double-fronted lot for the frontage relevant to Bowman Avenue.
Christian Miller, Planning Consultant, commented that the larger 16,367 square foot lot could be further
subdivided and have adequate frontage, only with the removal of the existing home. He mentioned the
fact that the home was in a 2-family district. Trustee Strum asked if it would be worthwhile to enact
restrictions on future subdivision and development of the property, and Mr. Miller felt that the Board
could enact restrictions. Mr. Gianfrancesco commented that the Planning Board felt, during their review,
that the property could not be further subdivided without relief from some of the bulk requirements.
There was further discussion of setbacks, crowding, and other requirements. Mayor Filipowski wanted to
make sure that the new house would not "crowd"the senior housing center on Bowman Avenue. Trustee
Degling asked about the setback on the Bowman Avenue side of the property, and whether it would be
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November 17, 1998
applied as a front setback or a rear setback; it was a rear setback. Trustee Pellino asked Mr.
Gianfrancesco if the applicant would agree to restrictions on future subdivision and development of the
property. Mr. Gianfrancesco responded that the applicant would not be inclined to agree to future
limitations at this time. There was some further discussion of restrictions and zoning, and Mr. Miller
commented that the application complied with zoning under the Village Code, including the restrictions
set forth under bulk standard zoning requirements.
There was no further discussion, and on the motion of Trustee Zuckerman, seconded by Trustee Degling,
the Board agreed unanimously to close the public hearing.
RESOLUTIONS:
4. FINDINGS STATEMENT FOR ARROW W OOD/PFIZER INC.
The Mayor announced the item, and Village Administrator Russo read the resolution adopting the
,findings statement. There was no discussion on the item, since it had been discussed in the public hearing,
and the Board proceeded to a vote.
(The text of the resolution appears on the following page.)
On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was
adopted:
RESOLUTION
ADOPTING SEQRA FINDINGS STATEMENT
DORAL ARROWWOOD
CONFERENCE CENTER EXPANSION
RESOLVED, that the SEQRA Findings Statement for the Doral Arrowwood Conference Center
Expansion is hereby adopted by the Board of Trustees of the Village of Rye Brook, as lead agency, and
shall be filed and circulated by the Village Administrator as required by SEQRA.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
The following is the text of the SEQRA Findings Statement:
SEQRA FINDINGS STATEMENT
DORAL ARROWWOOD CONFERENCE CENTER EXPANSION
WHEREAS, on January 12, 1998, Doral Arrowwood Conference Center Associates (the Applicant) did
make a formal application for detailed site plan, PUD Concept Plan, Subdivision Plat along with a Long
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November 17, 1998
Form Environmental Assessment Form(EAF)to the Village of Rye Brook Board of Trustees for the
expansion of their existing facilities to accommodate a proposed 110,650 square-foot executive
management training center and 52,000 square-foot, 100-room guest accommodation facility; and
WHEREAS,the Application was made to accommodate Pfizer, Inc. a major pharmaceutical company
which currently operates out. of the Doral Arrowwood Conference Center facility and which seeks to
consolidate its training program in one facility and create a state of the art executive management training
facility; and
WHEREAS, the Doral Arrowwood Conference Center is part of a larger PUD consisting of
approximately 106.45 acres in the Village of Rye Brook and comprising a 328,159 square foot
conference center and hotel, a 138 unit residential community known as Doral Greens, a nine hole golf
course and related accessory buildings; and
WHEREAS, on February 1.8, 1998, the Village Board did circulate a Notice of Intent to act as Lead
Agency for the proposed action; and
WHEREAS, on March 31, 1998, after circulation of the Notice of Intent to Act as Lead Agency, the
Village Board, at a regularly scheduled meeting, did declare itself to be the Lead Agency in this matter;
and
WHEREAS, at the March 31, 1998 meeting, the Village Board issued a positive declaration indicating
that the proposed action may have significant adverse environmental impacts as defined under SEQRA
and that a draft environmental impact statement be prepared; and
WHEREAS, on April 1, 1998, the Lead Agency did circulate a draft scoping outline which identified
potential issues to be addressed in a Draft Environmental Impact Statement (DEIS); and
WHEREAS, on April 14, 1998, the Lead Agency did hold a public scoping session where the Lead
Agency and members of the public provided comments on the extent of the topics and information to be
provided in the DEIS; and.
WHEREAS, on May 12, 1998, the Lead Agency did adopt a final scoping outline which identified the
issues to be addressed including a discussion of the zoning designation of the project, which at that time
was unclear; and
WHEREAS, on June 9, 1998, the Applicant did submit a preliminary DEIS for review by the Lead
Agency with respect to scope, content and adequacy; and
WHEREAS, comments were provided on the preliminary DEIS by the Lead Agency, Village staff and
the Village's reviewing consultants, the extent of which caused the preliminary DEIS to be deemed
incomplete for circulation and public review by the Lead Agency on July 14, 1998; and
WHEREAS, on August 4, 1998, the Lead Agency, along with the Village of Rye Brook Planning Board
(Planning Board) did hold a joint work session to discuss the particular issues related to the zoning
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November 17, 1998
aspects of this application. The Lead Agency,Planning Board, Village Staff, Village Planning Consultant
and members of the public participated in the discussion, following which the Lead Agency directed the
Planning Consultant to prepare zoning text amendments which would clarify the issues with respect to
zoning; and
WHEREAS, on August 18, 1998, the Lead Agency received correspondence from the Village's Planning
Consultant which identified the zoning approach the Lead Agency should apply to the subject application.
The proposed zoning text amendments attempted to balance the interests of the Applicant with respect
present and future development potential with the interests of its immediate neighbors, the Doral Greens
residential community, and the Village as a whole; and
WHEREAS, the Applicant did submit a revised DEIS for Village consideration. The revised DEIS
incorporated proposed draft zoning text amendments. The revised DEIS was deemed complete and
ready for public review and comment by the Lead Agency on September 1, 1998 and the DEIS, along
with a notice of completion and related referrals, was circulated consistent with SEQRA and applicable
municipal law; and
WHEREAS, on September 10, 1998, the Planning Board adopted a recommendation to the Village
Board relative to this application as required under the Village of Rye Brook Zoning Code; and
WHEREAS, a series of public hearings related to SEQRA, PUD concept plan, zoning text amendments,
local laws, site plan, subdivision and wetlands permit were held concurrently on September 22, 1998
where the Lead Agency, Village staff, Village reviewing consultants and members of the public did
comment on the DEIS and other related matters. The Lead Agency closed the SEQRA portion of the
public hearing but kept the other public hearings related to this action open. The comment period on the
DEIS was held open until October 5, 1998; and
WHEREAS, a series of written comments were received by the Lead Agency from the Village's
Planning Consultant, the Village Engineering Consultant, the Westchester County Planning Board, the
Doral Greens Homeowners Association, the King Street Homeowners Association, the Town of Rye Tax
Assessor's Office and the New York/Connecticut American Water Company; and
WHEREAS, on October 13, 1998, the Applicant submitted a preliminary Final Environmental Impact
Statement (FEIS) to the Lead Agency for their consideration and review; and
WHEREAS, on October 20, 1998, the Lead Agency did reconvene the public hearings. The Lead
Agency provided comments as to the adequacy of the FEIS and recommended that specific changes be
made to the preliminary FEIS document; and
WHEREAS, on November 3, 1998, the Lead Agency concurred with the memorandum submitted by the
Village's planning Consultant which memorandum recommended that the gross floor area of the existing
conference center facility(approximately 328,159 square feet), all accessory buildings related to the
Conference Center (approximately 29,712 square feet) and the proposed expansion(approximately
162,500 square feet) should be included towards the calculation of floor area ratio (FAR) for the
nonresidential portion of the PUD. The corresponding FAR permitted for conference centers was
adjusted in the draft zoning text amendments to reflect this condition and allow additional development to
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November 17, 1998
occur in the southwest portion of the Arrowwood property not to exceed 75, 000 square feet gross floor
area of office space; and
WHEREAS, on November 3, 1998, the Lead Agency did reconvene the various public hearings on the
proposed action to consider additional comments from the public and Applicant. The Lead Agency, after
review of the proposed modifications to the FEIS text, did declare that the FEIS was complete and
adequate for public circulation and review; and
WHEREAS, on November 3, 1998, the Lead Agency determined that the proposed zoning text
amendments had been modified to the extent that a renotification of public hearing would be caused to be
published and circulated to all interested agencies; and
WHEREAS, on November 17, 1998, the Lead Agency did reconvene the related public hearings to take
any additional comment on the proposed action. The Lead Agency then closed the public hearing portion
of this application; and WHEREAS, the Lead Agency has relied upon the following facts and conclusions
in the Draft and Final Environmental Impact Statements in support of its decision:
1. The existing zoning and applicable bulk and dimensional standards for the 106.45-acre site is
uncertain and ambiguous. Proposed Local Law Intro.#6 of 1998 will designate and confirm the PUD
District for the entire portion of the property situated in the Village of Rye Brook. Upon adoption
of the local law, no portion of the subject site will be situated in the OB-1 Campus/Office Building
District.
Proposed Local Law Intro #7 of 1998 includes zoning text amendments which clarify the applicable
bulk and dimensional standards for planned use developments. Under the proposed zoning text
amendments, conference centers shall not exceed a floor area ratio of 0.12 or a building height of 35
feet. However,where deemed appropriate by the Village Board of Trustees,the maximum floor area
ratio may be increased to no more than 0.164 and the building height may be increased to no more
than 40 feet. The site now consists of a 328,159 square-foot conference center, related conference
center accessory buildings having a gross floor area of 29,712 square feet, a 138-unit residential
community and a_9-hole golf course. In order to accommodate existing development and the
proposed conference center expansion on the nonresidential portion of the PUD, a floor area ratio
of 0.143 and a maximum building height up to 40 feet would be required. Such increases in building
height and floor area will not have an adverse impact on adjacent residential properties and will be
compatible with the surrounding commercial, institutional, recreational and residential land uses.
The proposed zoning text amendments would permit an increase in floor area ratio on the
nonresidential portion of the Arrowwood/Doral Greens PUD to 0.164. This additional floor area,
if requested by the Applicant and approved by the Village Board of Trustees, would permit an
additional 75,000 square feet of commercial development. The additional development, if approved
and constructed, would constitute the full build-out of the Arrowwood/Doral Greens PUD.
2. The proposed Arrowwood expansion conforms to the proposed zoning text amendments
circulated as part of the environmental record.
3. The proposed executive management training center is consistent with the existing land uses
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November 17, 1998
within the Arrowwood/Doral Greens PUD and the commercial office development to the north
and the existing State University development to the west of the site.
4. As proposed, the development will increase the number of temporary visitors to the site on a daily
basis, but will not increase the permanent population of the Village.
5. As proposed, the Arrowwood expansion will generate approximately $372,685± per year for 15
years in new tax revenue to the Village and the Blind Brook School District.
6. The development of the executive management training center is expected to create a demand for
44,642 gallons of water per day. Water will continue to be supplied by the New York-American
Water Company (Water Company) which has indicated that they will be able to meet
Arrowwood's increased water needs. The applicant shall be responsible for rectifying any
substantial deficiency in water pressure on the adjacent Doral Greens residences, if such water
pressure impacts are exclusively attributed to the proposed Arrowwood expansion.
7. Sanitary sewer from the Arrowwood expansion will continue to discharge into the sanitary sewer
lines leading to the Blind Brook sewage Treatment Plant. The total sewage discharge is estimated
to be approximately 133,925 g.p.d. after completion of the proposed expansion. The Blind Brook
Sewage Treatment Plant has a design capacity of 5.0 million g.p.d. of sewage and has an average
daily flow of 3.5 million g.p.d. The Westchester County Department of Environmental Facilities
has indicated that the existing sewage facilities are able to accommodate the additional flow from
the Arrowwood expansion.
8. Traffic analyses for the Arrowwood expansion and surrounding proposed developments have
been carried out as part of the DEIS and FEIS for this proposed action. These traffic studies have
been reviewed by the Westchester County Department of Transportation and the Westchester
County Planning Board. The proposed Arrowwood expansion will add approximately 125
vehicles in the AM peak hour and 143 vehicles in the PM peak hour traffic flow. The increase in
traffic generation will not cause a significant decrease in the level-of-service of any of the
intersections examined.
9. Temporary noise levels will increase in the area due to construction noise. Long term noise levels
will also increase due to exterior mechanical equipment (e.g. cooling towers, rooftop air-handling
units, etc.). These increases are likely not to be perceptible to the human ear and have been
minimized to the maximum extent practical. The applicant shall take appropriate steps to minimize
noise impacts arising from construction.
10. Air quality may temporarily be reduced due to the presence of construction vehicles and dust
during site disturbance for construction. When construction ceases, these impacts will terminate.
The applicant shall take appropriate steps to minimize air quality impacts arising from
construction.
11. There should be no disturbance of historical or archaeological resources associated with the
Arrowwood expansion program.
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November 17, 1998
12. Regrading of the site will increase the potential for erosion and sedimentation. An erosion and
sedimentation control plan has been prepared in accordance with Westchester County's Best
Management Practice's and Controlling Nonpoint Source Pollution in Long Island Sound.
The detention requirements for the proposed expansion require the construction of a new
stormwater detention facility to be located in the southwestern portion of the property. The
proposed stormwater management system maintains or reduces stormwater flows compared with
existing conditions without the proposed action. These mitigation measures will minimize
potential erosion and stormwater quantity and quality impacts to the maximum extent practical.
13. Approximately 600 square feet of wetland buffer area disturbance is proposed as part of the
creation of a new stormwater detention facility. The Applicant has prepared a wetland mitigation
plan which proposes the installation of approximately 1,200 square feet of new wetland plantings
which is consistent with the Village's wetland ordinance. Overall, the wetland functions
performed on the site will be maintained.
14. A number of trees on the Conference Center portion of the Arrowwood Site will be removed due
to the proposed expansion. A tree preservation plan has been prepared and submitted to the
Village of Rye Brook Tree Commission. A landscape plan has been prepared which provides
additional plantings at selected locations throughout the site. Trees and shrubs that are now on
site that can be maintained or successfully transplanted will be incorporated into the new planting
program. In particular, the landscape plan incorporates a landscaped berm in the vicinity of the
Doral Greens community and the northern portion of the proposed parking expansion. This berm
will screen potential visual impacts of the proposed expansion from the adjacent Dora] Greens
residences to the maximum extent practical.
15. Upon completion of the proposed Conference Center expansion, there remains future
development potential of 75,000 square feet of gross floor area of office space on the existing
driving range portion of the non-residential portion of the Arrowwood/Doral Greens PUD. This
would constitute the maximum development permitted on the Arrowwood/Doral Greens PUD.
Any proposed future additional development requires an amendment to the approved PUD
Concept Plan and-the discretionary approval of the Village Board of Trustees. Such action also
would require its own SEQRA review.
16. The Doral Greens portion of the Planned Unit Development is a permitted use, but does not
comply with the existing density and buffer width requirements of the Village's PUD District.
The Doral Greens residential community is a legal, nonconforming development since it was
reviewed and approved consistent with the requirements of prior PUD District regulations.
WHEREAS, the Lead Agency has duly considered the information presented in the Draft and Final EIS,
and has considered the preceding written facts and conclusions; and now therefore, be it;
NOW, THEREFORE,BE IT
RESOLVED,that based upon the full environmental record, this Findings Statement certifies that:
1. The requirements of 6 NYCRR Part 617 have been met;
10
November 17, 1998
2. Consistent with the social, economic and other essential considerations from among the
reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse
environmental effects to the maximum extent practicable; including effects disclosed in the
environmental impact statement; and
3. Consistent with social, economic and other essential considerations, to the maximum extent
practicable, adverse environmental effects revealed in the environmental impact statement process
will be minimized or avoided by incorporating as conditions to the decision those mitigative
measures which were identified as practicable.
(This is the end of the text of the findings statement. The vote appears with the resolution.)
5. CONSIDERING ADOPTING LOCAL LAW INTRO. #7 - 1998 (AS REVISED)
AMENDING SECTION 250-7(E) OF THE CODE OF THE VILLAGE OF RYE BROOK
IN RELATION TO PLANNED UNIT DEVELOPMENT DISTRICT STANDARDS.
There was a brief discussion of the order in which the laws should be adopted, and Planning Consultant
Christian Miller and Assistant to the Administrator Richard Slingerland both commented that the order in
which the laws were listed was correct, but that the numbers would change upon their adoption. There
was no further discussion, since this item had been discussed during the public hearing, and the Board
proceeded to a vote.
On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was adopted:
RESOLUTION
ADOPTING LOCAL LAW INTRO #7 - 1998 (AS REVISED)
PLANNED UNIT DEVELOPMENT DISTRICT STANDARD
RESOLVED, that Local Law Intro. 97 - 1998, as revised, is enacted into law.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
The text of the law adopted by the Board of Trustees is as follows:
LOCAL LAW INTRO # 7-1998 (As Revised)
A LOCAL LAW amending Section 250-7(E) of the Code of
the Village of Rye Brook in relation to Planned Unit
Development District Standards.
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows:
11
November 17, 1998
Section 1. Section 250-7(E)(2)(a) of the Code of the Village of Rye Brook is amended to read
as follows:
(a) Application. An application form as provided by the Ville Building Department
must be completed. [Filed by the owner, contract vendee or jointly by the owners of all
property included in a proposed PUD project. In the case of multiple ownership, the
approved plans shall be binding on all owners.]
Section 2. Section 250-7(E)(2)[d][2] of the Code of the Village of Rye Brook is amended to read
as follows:
[2] Professional/business office/research laboratory: all uses listed in the OB-1 District (See §
250-7). The floor area ratio shall not exceed zero and twelve-hundredths(0.12) of the
gross acreage of the land allocated to this use. No structure shall exceed 35 feet in height.
For planned unit developments that include conference centers the maximum building
height of such conference center may be increased to no more than 40 feet as defined in
250-2 of this chapter and the maximum floor area ratio for any nonresidential portion of a
PUD may be increased to no more than 0.164 where the Board of Trustees finds that such
increases in building height and/or floor area will not have an adverse impact on adjacent
residential properties and be compatible with surrounding land uses.
Section 3. Section 250-7 (E) (2) [d] [5] of the Code of the Village of Rye Brook is amended to
read as follows:
[5] Senior living facilities, excluding nursing homes, providing for a range of living
accommodations, personal care services and support facilities for people who are 62 years
of age or older or for couples, one of whom is at least 62 years of age. No senior living
facility shall exceed 35 feet in height calculated by utilizing the weighted average of the
building height measured from finished grade adjacent to the exterior walls of the building
and provided that such building is at least 200 feet from a state road. The maximum
density for senior living facilities shall be calculated as per the requirements of2� 507E
2 d r1l. The following accessory uses shall be permitted in a senior living facility:
Indoor and outdoor recreation facilities, libraries, food preparation facilities, dining
facilities, laundry and linen service facilities, specialty care services, examination room,
treatment room, nursing services, housekeeping services, security facilities, administrative
offices, staff facilities, storage and maintenance, chapels, temporary guest lodging
facilities, parking facilities, barber shops and beauty parlors, facilities for the sale of
sundries, personal articles, newspapers, food and similar convenience products to the
residents and such other uses as are customarily associated with and subordinate to the
principal permitted uses, excluding nursing homes.
Section 4.Section 250-7 (E) (4) of the Code of the Village of Rye Brook is amended to
read as follows:
(c) Application for amendment. At any time following approval of either the PUD concept
12
November 17, 1998
plan or subdivision and detailed site plan and including the issuance of permits, the
applicant may apply for amendment to the previously approved plan. The Village Board,
at its sole discretion [upon finding that such application is reasonable] may reconsider the
design of the applicable PUD District and the PUD concept plan and subdivision and
detailed site plan and shall follow in full the procedure and standards [and conditions]
required herein [for original submission]. However, if the Village Board determines that
the proposed modification is a minor one, with the concurrence of the Planning Board it
may waive the full procedure requirements. Nevertheless, each application for amendment
shall require a separate filing fee.
Section 5. This local law shall take effect immediately upon filing in the office of the Secretary of
State.
6. CONSIDERING ADOPTING LOCAL LAW INTRO. #6 - 1998 (AS REVISED)
ENTITLED "A LOCAL LAW IN RELATION TO THE ARROWWOOD AND DORAL
GREENS PROPERTY TO ESTABLISH THE APPLICABLE PUD REGULATIONS AND
TO AMEND THE PUD CONCEPT PLAN FOR THE DEVELOPMENT."
There was no further discussion, and the Board proceeded to a vote.
On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was
adopted:
RESOLUTION
ADOPTING LOCAL LAW INTRO. #6 (AS REVISED)
DORAL ARROW WOOD PLANNED UNIT DEVELOPMENT
RESOLVED, that Local Law Intro. #6 - 1998, as revised, is enacted into law.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor,k'ilipowski Voting Aye
The text of the law adopted by the Board of Trustees is as follows:
LOCAL LAW INTRO # 6 - 1998 (As Revised)
A LOCAL LAW in relation to the Arrowwood and Doral
Greens Property to establish the applicable PUD regulations
and to amend the PUD Concept Plan for the development.
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows:
13
November 17, 1998
Section 1. The approximately 106.47 acres of land situated in the Village of Rye Brook,
comprising the Arrowwood and Doral Greens Development, including the Conference Center Parcel, the
Golf Course Parcel 1, the Golf Course parcel 2, the Housing Area Parcel, the Road Dedication Parcel,
the Doral Regent Parcel,the Hotel Expansion Parcel, and the Conference Center Expansion Parcel, as
shown on the Amended Subdivision Map of Arrowwood prepared for Doral Conference Center
Associates by Ward Carpenter Engineers, Inc. dated October 20, 1998, subject to such revisions as may
be approved by the Board of Trustees, shall be within the Arrowwood and Doral Greens PUD.
Section 2. The Arrowwood and Doral Greens PUD Concept Plan is amended in accordance
with the following described plan:
Concept Plan, Arrowwood/Doral Greens Planned Unit Development,
Village of Rye Brook, Westchester County,New York, prepared by Ralph
George Mastromonaco,P.E.,P.C., Consulting Engineers dated September
10, 1998, subject to such revisions as may be approved by the Board of
Trustees.
Section 3. The provisions of Section 250-7(E) of the Code of the Village of Rye Brook as
amended, comprising the zoning regulations for Planned Unit Development Districts, shall apply to the
entirety of the Arrowwood and Doral Greens PUD.
Section 4. This local law shall take effect immediately upon filing in the office of the Secretary
of State.
7. CONSIDERING APPROVAL OF THE PUD CONCEPT PLAN, SITE PLAN,
SUBDIVISION AND WETLANDS PERMIT APPLICATIONS FOR THE
ARROW WOOD/PFIZER PROJECT.
There was a brief discussion and the Board had questions about the process. Mr. Miller, Planning
Consultant, explained what the Board was approving. Trustee Strum noted that the Concept Plan limited
the development of the property to an FAR of.143, and asked why that was so, if the Board just
approved a law setting the FAR at .164. Mr. Miller commented that the FAR limit of.143 noted on the
plan dictated the total approval at this time-- the applicant would have to apply for fixrther approvals to
build anything else. David Smith of Saccardi and Schiff asked whether the Board would allow the
applicant some latitude with regard to setting and paying fees, so that the applicant could proceed. There
was a brief discussion, and Administrator Russo advised the Board that the issue of the payment of fees
could be resolved quite easily.
Steven Silverberg, Esq., attorney for the Doral/Arrowwood Homeowners Association, asked if there
could be further requirements on the plan to reflect side agreements in the form of a covenant established
between Arrowwood and the Doral Greens Homeowners' Association. After some discussion, the Mayor
and the Board asked for input from Village Attorney Ken Powell. Mr. Powell suggested language and the
Board agreed to the change. There was continued discussion regarding fees, the Performance Bond, and
other issues relevant to the applicant's progress after the Board approved the application. Mr. Miller
noted that the Board could hold the permits until any issues outstanding for the performance bonds were
resolved, and the Board's consensus was that the Village should proceed in that manner. Anthony Gioffre
14
November 17, 1998
and David Smith had questions about how the permits could be issued and when construction could
commence, and asked that the language in the resolution be amended. Village Engineer Victor Carosi
noted that the bonding would be for the performance of the work relevant to the infrastructure. He
suggested that perhaps the applicant could supply a cash bond, which the applicant had suggested, in lieu
of a bond. Mayor Filipowski asked if the Board could adjourn the issue for the moment and proceed with
the rest of the agenda,while the staff reached agreement with the applicant for new language in the
resolution. The Village moved on to item number 9, since Village Attorney Powell would be needed for
the Red Roof Farm Performance Bond item.
9. CONSIDERING TRANSFERRING A DUMP TRUCK TO THE TOWN OF RYE.
Village Administrator Russo read the resolution. Trustee Strum asked if the truck had a value on the
market, and Mr. Russo stated that it could probably only reach a minimal value, perhaps $900 or $1,000
by auction. Trustee Strum felt that the Village should not be handing over a truck with any value to the
Town of Rye. Trustee Zuckerman noted that the Village could transfer the truck and maybe open the
door to discussions over the highway garage property. Mayor Filipowski commented that the Rye Town
Supervisor had expressed an interest in the truck and that the Town could use the truck. Trustee
Zuckerman noted that the Village had been put on notice about highway uses, salt storage and other
issues, including costs of repairs that the Village had performed at the Highway garage and repairs that
were needed. He concluded that the Village should start formal negotiations with the Town for the
Highway garage property. Trustee Pellino agreed with Trustee Zuckerman's assessment, and listed the
improvements Rye Brook had made to the gas tanks, the electrical system, the repair bays, the bathrooms
and the kitchen area, and he felt that the Village of Rye Brook should be the rightful owner of the
property, with protections for the Town of Rye to continue to use a portion of the property for storage
and files. Trustee Pellino noted that the issue had been the subject of discussion for years, and he had no
problem with the transfer of the truck to the town, but also commented that the Board should begin
discussing the transfer of the title of the garage. Mayor Filipowski replied that he would follow-up on the
matter. The Mayor called for the Board to vote on the issue.
On the motion of Trustee Degling, seconded by Trustee Pellino, the following resolution was adopted:
RESOLUTION
TRANSFER OF 1985 GMC DUMP TRUCK
TO THE TOWN OF RYE
WHEREAS, the Village of Rye Brook is the owner of a 1985 GMC Dump Truck which is no
longer required for Village purposes; and
WHEREAS, the Village had planned to dispose of this vehicle through public auction; and
WHEREAS, the Town of Rye has requested this truck in writing from the Village because its
current truck is not adequate and Village residents would benefit from a transfer of the dump truck to the
Town.
NOW, THEREFORE, BE IT
15
November 17, 1998
RESOLVED, that the Village's 1985 GMC Dump Truck is declared surplus; and it is further
RESOLVED,that it may be transferred to the Town of Rye"as is", for Town purposes, at no
cost, pursuant to the provisions of New York State Village Law and the provisions of the Constitution of
the State of New York; and it is further
RESOLVED,that the Village Administrator is authorized to take all actions necessary or
appropriate to accomplish the purposes of this resolution.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting No
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
10. CALLING FOR A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO ENACT A
MORATORIUM ON THE INSTALLATION OF PERSONAL WIRELESS SERVICE
FACILITIES.
Village Administrator Russo read the resolution on the notice for a public hearing on the law for a
moratorium on cell towers and devices. Trustee Zuckerman commented that he was much in favor of the
action, and that in reviewing some of the materials submitted by the Telecommunications Committee
Chairman Peter Bernbaum, and the Village Attorney, he felt that in order to be upheld the local law
would have to address the issue from a zoning perspective. He commented on the plans by
Spectrum/Skanska to install a bell tower at Bellefair and co-locate the antennae in the structure. He also
noted that any small installations, such as on a building or an existing structure, could be considered
during a moratorium. Mayor Filipowski asked whether the Village might consider each application as it
was submitted, and Trustee Zuckerman responded that he would not be proposing any particular
language at this time, but that such issues would have to be considered as the Board progressed with the
moratorium.
Trustee Degling mentioned that the Board should consider provisions under the permanent law and
leniency under the moratorium for satellite dishes. He was also concerned that the cell facility companies
had recently been legally invoking the post-Civil War civil rights act, and had been succeeding in their
challenges of local ordinances. Trustee Zuckerman felt that the Village should focus on-- and find the
foundation for the law-- preventing such structures from being built in residential neighborhoods. There
was some continued discussion about cellular facilities and towers. Trustee Degling reminded the Board
and the staff about outstanding proposals that had been circulated by the Board to committees for
reports, and commented that these issues might soon be coming to the fore. Village Attorney Ken Powell
also mentioned the fact that a moratorium might fit into the overall planning picture, including
ramifications for a village master plan. Trustee Zuckerman noted that Telecommunications Chairman
Peter Bernbaum felt there was a dire necessity for the Board to declare a moratorium while it revisited
the issue of local regulations, and he agreed with Mr. Bernbaum. The Mayor opened the floor to
comments from the public.
Mr. Mitchell Hochberg, President of Spectrum/Skanska, commented on the application for the Bell
16
November 17, 1998
Tower as part of the approved site plan for Bellefair. Mr. Hochberg was concerned because his company
was planning soon to begin construction on the bell tower. When his counsel had looked at the proposed
moratorium he had expressed concerns that the moratorium might apply to the bell tower. Village
Attorney Ken Powell and Trustee Degling had a few comments. Mr. Hochberg explained that
Spectrum/Skanska had been approached by cell tower companies, and noted that his company had been
cooperating with Westchester County on the bell tower with co-located antennae, because the area was
in an area with inadequate cellular service. With a comment from his engineer, Kevin McManus, Mr.
Hochberg commented that the proposal also would require amended site plan approval. Trustee
Zuckerman asked if the bell tower would be an additional landing light for planes. Mr. Hochberg replied
that the tower would have a structure warning light. Christian Miller, Planning Consultant, asked if Mr.
Hochberg had any idea about the area of coverage and the customer demands in the Village. Mr.
Hochberg offered to work with the Village during the application process and inform them of the cellular
needs in the area. Mr. Miller emphasized the point that Mr. Hochberg was managing the highest spot in
the Village and suggested that with appropriate planning the site could meet the cellular needs for the
whole village. There was further discussion, and Mr. Hochberg and Trustee Degling discussed the issue
that the proposal was to amend an existing structure, which was therefore exempt from the moratorium.
After further discussion, the Board agreed to call a motion on the resolution to call for a public hearing.
On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted:
RESOLUTION
CALLING FOR A PUBLIC HEARING
ON A PROPOSED LOCAL LAW
TO ENACT A MORATORIUM ON THE PLACEMENT OF
PERSONAL WIRELESS SERVICE FACILITIES
RESOLVED, that the Board of Trustees of the Village of Rye Brook will conduct a public
hearing on December 1, 1998 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,New York, on a
proposed Local Law entitled:
A LOCAL LAW, to be known as the Interim Development Law of the Village of Rye
Brook regarding placement of personal wireless service facilities to establish a temporary
six(6) month moratorium on applications to establish, place, construct and enlarge such
facilities to accommodate the study, preparation, and adoption of any necessary
amendments to the Village's zoning and other land use regulations regarding the use; and
it is further
RESOLVED, that the Village Cleric shall cause notice of the public hearing to be published,
posted and circulated as provided by law.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
17
November 17, 1998
At this point the board returned to their discussion of item 7.
7. CONSIDERING APPROVAL OF THE PUD CONCEPT PLAN, SITE PLAN,
SUBDIVISION AND WETLANDS PERMIT APPLICATIONS FOR THE
ARROW WOOD/PFIZER PROJECT.
(CONTINUED)
Village Attorney Ken Powell had additional language that had been agreed upon with the applicant and
the Village Engineer regarding an irrevocable cash bond for infrastructure improvements.
With that amendment on the resolution,Mayor Filipowski called for a motion on the resolution. Planning
Consultant Christian Miller briefly recapped the resolution and amendments.
On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was
adopted:
RESOLUTION
DORAL ARROWWOOD CONFERENCE CENTER EXPANSION
PLANNED UNIT DEVELOPMENT CONCEPT PLAN,
DETAILED SITE PLAN, SUBDIVISION AND WETLANDS PERMIT APPROVAL
WHEREAS, on January 12, 1998, Doral Arrowwood Conference Center Associates (the "Applicant")
submitted an application to the Village of Rye Brook requesting approval to construct a building expansion
to the existing Arrowwood Conference Center facility situated on approximately 106.45-acres of property
designated on the Town of Rye Tax Assessment Maps as Section 1, Block 3, Lots 5A, 513 and 8; and
WHEREAS,the proposed expansion would consist of the construction of a 110,650 square foot executive
learning center and a 52,000 square foot, 100-room guest accommodation facility to be used as a
management training facility by Pfizer, Inc.; and
WHEREAS,the Arrowwood/Doral Greens consists of approximately 106.45 acres which are located in the
Village of Rye Brook,6.8 acres are located in the Town of Greenwich,Connecticut and 0.3 acres are located
in the Town/Village of Harrison for a total of approximately 113.62 acres; and
WHEREAS,the existing Conference Center facility,based on information supplied by the Office of the Tax
Assessor of the Town of Rye, consists of 328,159 square feet of gross floor area and existing accessory
buildings associated with the Conference Center, including the existing tennis bubble, consists of 29,712
square feet of gross floor area; and
WHEREAS, also existing on the subject PUD is a residential development known as Doral Greens which
consists of 138 units having a total gross floor area of over 330,000 square feet and a golf course; and
WHEREAS, the Board of Trustees by way of Local Law Intro. 96 of 1998, as revised, designated the
subject premises in the Planned Unit Development (PUD)District and that the applicable bulk dimensional
18
November 17, 1998
regulations for development of this property is subject to the provisions of Section 250-7(E)of the Code of
the Village of Rye Brook as amended; and
WHEREAS,the local law eliminated an uncertainty and ambiguity regarding the zoning classification of the
subject premises and established that. the entire 106.45-acre portion of the property situated in the Village
of Rye Brook is in the PUD District and that no part of the property is situated in the OB-1 Campus/Office
Building District; and
WHEREAS,consistent with the provisions of the PUD District,the Applicant has prepared a PUD Concept
Plan for the entire 106± acres situated in the Village of Rye Brook, which concept plan identifies existing
development, the proposed Conference Center expansion and future additional development; and
WHEREAS,the Board of Trustees, acting as Lead Agency under the State Environmental Quality Review
Act (SEQRA), required the preparation of a Draft and Final Environmental Impact Statement for the
proposed action, and thereafter adopted a Findings Statement under Article 8 of the Environmental
Conservation Law and implementing regulations, thus completing the required process of environmental
review for the proposed action; and
WHEREAS,the environmental review encompassed all ofthe necessary approvals required forthe proposed
action including, but not limited to PUD concept plan, detailed site plan, subdivision plat,wetlands permit,
zoning text amendments and local law approval; and
WHEREAS, following the completion of the environmental review process for the proposed action, the
Village Board of Trustees, on November 17, 1998 took the following actions:
Enacted Local Law Intro. #6-1998 entitled "A Local Law, As Revised, in Relation to the Arrowwood and
Doral Greens Property to Establish the Applicable PUD Regulations and to Amend the PUD Concept
Plan for Development;"
Enacted Local Law Intro. #7-1998 entitled "A Local Law, As Revised, Section 250-7(E)of the Code of the
Village of Rye Brook In Relation to Planned Unit Development District Standards"; and
WHEREAS, the Applicant has also requested subdivision plat, detailed site plan and wetlands permit
approval in connection with the proposed expansion; and
WHEREAS, the PUD Concept Plan, as amended, consists of a drawing entitled, "Concept Plan,
Arrowwood/Doral Greens Planned Unit Development, Village of Rye Brook, Westchester County, New
York,"prepared by Ralph George Mastromonaco,P.E.,P.C., Consulting Engineers dated and September
10, 1998, last revised November 4, 1998, which represents the revised PUD Concept Plan as approved by
the Board of Trustees; and
WHEREAS, the application consists of the following drawings generally entitled "Arrowwood/Pfizer
Conference Training Center,Village of Rye Brook and Town of Harrison,Westchester County,New York",
prepared by Ralph G. Mastromonaco, P.E.:
19
November 17, 1998
Sheet 1 of 13 entitled "Site Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 2 of 13 entitled "Site Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 3 of 13 entitled "Site Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 4 of 13 entitled "Utility Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 5 of 13 entitled "Utility Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 6 of 13 entitled "Utility Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 7 of 13 entitled 'Erosion Control Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 8 of 13 entitled 'Erosion Control Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 9 of 13 entitled 'Erosion Control Plan" dated June 3, 1998 and last revised October 9, 1998.
Sheet 10 of 13 entitled "Utility Profiles" dated June 4, 1998 and last revised October 9, 1998.
Sheet '11 of 13 entitled "Utility Profiles" dated June 4, 1998 and last revised October 9, 1998.
Sheet 12 of 13 entitled "Construction Details" dated June 3, 1998 and last revised October 9, 1998,
Sheet 13 of 13 entitled 'Erosion Control Details" dated June 3, 1998 and last revised October 9, 1998.
Sheet No. L2.1, entitled "Planting Plan" prepared by Horsman & Lester, Landscape Architects and Site
Planners dated July 1, 1998 and last revised November 11, 1998.
Sheet No. L2.2, entitled "Planting Plan" prepared by Horsman & Lester, Landscape Architects and Site
Planners dated July 1, 1998 and last revised November 11, 1998; and
Sheet No. L0.1, entitled "Tree Preservation Information" prepared by Horsman & Lester, Landscape
Architects and Site Planners dated May 13, 1998 and last revised October 29, 1998; and
Sheet No.L1.1,entitled "Tree Preservation Plan"prepared by Horsman&Lester,Landscape Architects and
Site Planners dated July 1, 1998 and last revised October 29, 1998; and
Sheet No.L1.2,entitled"Tree Preservation Plan"prepared by Horsman&Lester,Landscape Architects and
Site Planners dated July 1, 1998 and last revised October 29, 1998; and
Sheet No.L 1.3,entitled "Tree Preservation Plan" prepared by Horsman&Lester,Landscape Architects and
Site Planners dated July 1, 1998 and last revised October 29, 1998; and
20
November 17, 1998
"Concept Plan, Arrowwood/Doral Greens Planned Unit Development, Village of Rye Brook,Westchester
County,NY" dated September 10, 1998 and last revised November 4, 1998.
"Amended Subdivision Map ofArrowwood Prepared for Doral Conference Center Associates in the Village
ofRye Brook,Town ofRye,Westchester County,N.Y."prepared by Ward Carpenter Engineers,Inc.
dated October 20, 1998.
WHEREAS,the Village Board of Trustees referred the application to the Village Planning Board and which
Planning Board recommended approval thereof, and
WHEREAS, on September 22, 1998, October 13, 1998, November 3, 1998 and November 17, 1998 the
Village Board of Trustees conducted and/or continued a public hearing on the PUD concept plan, detailed
site plan, subdivision plat and wetlands permit upon due notice and all persons wishing to be heard were
afforded an opportunity to be heard; and
WHEREAS,the proposed development would result in the loss of approximately 600 square feet of wetland
buffer located in the southwest corner of the property; and
WHEREAS, in accordance with the standards and criteria identified in Section 245-8 of the Village's
Wetlands and Watercourses Law,the Board of Trustees hereby finds that the impacts to the existing wetland
buffer are necessary and unavoidable and that there are no feasible alternatives to the proposed activity that
would eliminate or minimize wetland buffer disturbance and provide for the desired stormwater management
system; and
WHEREAS,to offset such wetland buffer impacts, the Applicant has prepared a wetland buffer mitigation
plan consistent with the requirements of Section 245-9 of the Village's Wetlands and Watercourses Law
which plan will result in the enhancement of 1,200 square feet of existing wetland buffer area; and
WHEREAS, the Village Board of Trustees hereby finds that the proposed wetland buffer disturbance and
mitigation plan are in accordance with the standards for permit decisions identified in Section 245-8 of the
Village's Wetlands and Watercourses Law;
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with Article 8 of the State Environmental Quality Review Act and the
regulations promulgated thereunder,the Village Board of Trustees hereby determines the proposed project
is consistent with the Environmental Findings Statement adopted by the Lead Agency; and be it further
RESOLVED, that the PUD Concept Plan, detailed site plan, subdivision plat and wetlands permit
application,as defined in the recitals are granted and approved,and the Mayor is authorized to sign the plans
and permits may be issued, subject to the conditions and modifications identified below; and be it further
RESOLVED, that pursuant to § 250-7.E(2)[d][2] of the Village's Zoning Code, the Village Board of
Trustees hereby permits the building height for the conference center facility to be no more than 40 feet and
21
- J
November 17, 1998.
the floor area ratio for the non-residential portion of the PUD to be no more than 0.143 based on a finding
that such increases will not have an adverse impact on adjacent residential properties and will be compatible
with surrounding land uses; and
CONDITIONS TO BE COMPLETED BEFORE
SITE PLAN OR PLAT IS SIGNED
1. The plat shall be signed by the Westchester County Department of Health.
2. Prior to the signing of the site plan and the subdivision plat, an irrevocable letter of credit or cash
bond shall be submitted to the Village Engineer in the amount of 10% of the infrastructure
improvements for stormwater detention,wetlands mitigation and a portion of the stormwater piping.
Thereafter, prior to the issuance of any building permits, a 100% performance bond shall be
substituted in a sum determined by the Village Engineer and shall be furnished to and accepted by the
Village,to guarantee the satisfactory and complete installation and construction of all infrastructure,
as determined appropriate by the Village Engineer, including sewage, water, drainage, roads,
sediment and erosion control measures and traffic improvement. In the event any such infrastructure
is dedicated to and accepted by the Village, a one-year maintenance bond shall be furnished to the
Village, in the sum determined by the Village Engineer.
3. Prior to the signing of the site plan and the subdivision plat, all outstanding professional review fees,
environmental charges and other Village fees shall be paid to the Village, satisfactory to the Village
Administrator.
4. Prior to the signing of the site plan,the site plan shall be revised to show emergency access for fire
apparatus in accordance with the New York State Fire Prevention and Building Code,to the rear of
the proposed building as recommended in consulting engineer Leonard Jackson Associates letter
dated November 12, 1998, satisfactory to the Building Inspector.
5. Prior to the signing of the site plan and subdivision plat by the Mayor, a fully executed and approved
Westchester County IDA PILOT agreement and associated documents shall be submitted to the
Village with respect to the Conference Center expansion, substantially in the form and content as
previously approved by the Village, satisfactory to the Village's special counsel.
6. Prior to the signing of the site plan, the site plan shall be revised to include a note incorporating
condition number (9) nine of this resolution and providing notice of the existence of an agreement
and declaration of covenants dated November 10, 1998 among the Doral Greens Homeowners
Association Inc., Doral Conference Center Associates and KSB Arrowwood Realty Corp. placing
additional restrictions on future development. The subdivision Plat shall be revised to the satisfaction
of the Village's Planning Consultant to shift the lot line for each of the proposed building expansions
so that it is generally coterminous with the proposed building footprints.
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November 17, 1998
ADDITIONAL CONDITIONS TO BE COMPLETED BEFORE
BUILDING PERMITS ARE ISSUED OR
ANY CONSTRUCTION IS COMMENCED
7. No building permit shall be issued or construction commenced, including site clearance, unless the
subdivision plat and site plan has been signed by the Mayor.
8. Prior to the issuance of any building permits or the commencement of any construction, in addition
to satisfying the conditions stated above, the Applicant shall pay into a Village escrow account, the
sum determined by the Village Board upon recommendation of the Village Administrator or Village
Engineer to retain consultants and other personnel needed to evaluate the appropriateness, quality
and progress of the detailed site plan,such that the cost thereof shall not be borne by the Village. The
escrow account will be replenished from time to time by the Applicant on the request of the Village.
OTHER CONDITIONS
9. All existing, proposed and fixture development shall be subject to the approved PUD Concept Plan
and Section 250-7E, as amended, of the Village's Zoning Code. Any further development on the
non-residential portion of the PUD as shown on the PUD Concept Plan shall be limited to an office
use and shall not exceed 75,000 square feet of gross floor area. Any request to increase the maximum
floor area ratio for the non-residential portion of the Arrowwood/Doral Greens Planned Unit
Development shall require approval by the Village Board of Trustees.
10. The Applicant shall place appropriate street signs and traffic control signs as directed by the Village
Engineer.
11. The wetlands permit shall be subject to all of the requirements of Chapter 245 of the Village of Rye
Brook Code. All work conducted under this wetlands permit shall be open to inspection at anytime,
including weekends and holidays,by the approval authority,the Advisory Council on environmental
conservation, the Village Engineer or their designated representative.
12. The wetlands permit holder shall notify the approval authority of the date on which the work is to
begin at least five (5) days in advance of such date. The approval authority's wetlands permit shall
be prominently displayed at the project site during the undertaking of the activities authorized by the
wetlands permit.
13. Following completion of construction, an "as built" plan shall be provided to the Village in form and
substance satisfactory to the Village Engineer. The Village Engineer may require "as built" plans to
be furnished upon completion of segments of the overall development.
14. The Applicant shall be responsible for maintaining all adjacent roadways in a clean condition and
repairing any roadway damage caused by construction vehicles to the satisfaction of the Village
Engineer.
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November 17, 1998
15. All construction shall be carried out in accordance with the approved site plan drawings and the
Westchester County Best Management Practices Manual for construction-related disturbances. In
the event of conflict between requirements, the more stringent requirements shall apply.
16. No clearing,grading or excavation on the site shall commence until all erosion control measures have
been implemented to the satisfaction of the Village Engineer.
17. As used in this resolution, "Applicant" shall mean the Applicant, and its successors and assigns.
18. All required landscape material shall be maintained in a healthy and vigorous growing condition
throughout the duration of use, and plants not so maintained shall be replaced with new plants of
comparable type and size at the beginning of the next immediately following growing season, with
particular attention given to maintaining effective screening between the conference center and the
Doral Greens residences; and it is further
RESOLVED,that the Draft and Final Environmental Impact Statements and Findings Statement are deemed
descriptive of and part of the applications for PUD Concept Plan, detailed site plan, subdivision plat and
wetlands permit approval and are hereby incorporated herein and promises and commitments made by the
Applicant therein, and required mitigations,are deemed to be conditions of this PUD Concept Plan, detailed
site plan, subdivision plat and wetlands permit approval, except as provided herein; and it is further
RESOLVED,that except as modified herein,all previous site plan and related approvals which are valid and
in effect regarding Arrowwood/Doral Greens, together with the conditions, requirements and stipulations
of such approvals,as well as commitments made in connection with them,shall remain in full force and effect;
and it is further
RESOLVED,that the conditional subdivision plat approval shall expire within one hundred eighty(180)
days after the date of adoption of this resolution unless all requirements stated in this resolution to be
completed prior to the signing of the plat are certified as completed, unless this approval is extended on
application to the Village Board of Trustees; and it is further
RESOLVED,that this detailed site plan and wetlands approval shall expire within three(3)years from the
date of adoption of this resolution, unless a building permit is secured within such period to perform the
construction authorized by this resolution or this time period is extended by the Village Board of Trustees.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
At this time, Anthony Gioffre, of Gioffre and Gioffre, PC, asked the Mayor for a moment of time and was
allowed to read a brief statement that Mr. Bruno Gioffre,Esq., had requested. He noted that Bruno Gioffre
had made a commitment to be elsewhere over a year ago, but he wanted to thank all those involved on the
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November 17, 1998
Arrowwood/Pfizer team.He felt that the parties involved,including the parties representing Pfizer,Doral and
Arrowwood, and the Homeowners Association,had exhibited leadership.He thanked Village Administrator
Christopher Russo,Village Attorney Ken Powell,Planning Consultant Christian Miller and Village Engineer
Victor Carosi for their diligence and professionalism.
8. CONSIDERING THE RED ROOF FARM SURETY BOND.
At this point the Board continued with the Surety Bond for the Red Roof Farm construction and Village
Administrator Christopher Russo read the resolution.
There was no discussion and the Board proceeded to a vote on the item.
On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted:
RESOLUTION
APPROVING THE RED ROOF FARM
SURETY BOND
RESOLVED, that the sufficiency of the Surety Bond of the Chatham Reinsurance Corporation
submitted by the attorney for the owners, Ornstein Leyton Management Company, Inc., of the property
known as Red Roof Farm in accordance with the approval resolution of the Board of Trustees dated
September 3, 1998,to guarantee the performance of the infrastructure improvements including all roads and
related improvements including the implementation of the sediment and erosion control plan, utility plan,
landscaping plan, off-site drainage plan, on-site drainage plan and wetland mitigation plan as approved
required by the Red Roof Farm Resolution in the sum of one million, seven hundred and fifty thousand dollars
($1,750,000) is approved.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
it. CONSIDERING THE SEWAGE PUMP STATION AGREEMENT WITH BELLE,FAIR.
Village Administrator Chris Russo read the resolution and the Mayor asked for a motion on the item.
On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was adopted:
RESOLUTION
SEWAGE PUMP STATION AGREEMENT
BELLEFAIR AT RYE BROOK
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November 17, 1998
RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the
Bellefair Senior Living Company for reimbursement of the Village's costs of operating and maintaining the
sewage pump station serving the Senior Living Facility after acceptance of dedication as provided for in
Condition 7 of the High Point PUD approval resolution adopted on January 27, 1998; and it is further
RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or
appropriate to accomplish the purposes of this resolution.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
12. STOP DWI AGREEMENT WITH WESTCHESTER COUNTY.
Village Administrator Russo read the resolution. Trustee Strum asked to make sure that the Village received
the reimbursement,and Mr.Russo responded that it would. Chief Santoro explained that the reimbursement
for enforcement efforts paid for overtime and the Village could effect quite an amount of enforcement, since
it cost the Village approximately $35 an hour for overtime. There were no further comments.
t
I On the motion of Trustee Pellino, seconded by Trustee Strum,the following resolution was adopted:
RESOLUTION
STOP-DWI AGREEMENT
BETWEEN WESTCHESTER COUNTY
AND THE VILLAGE OF RYE BROOK
RESOLVED, that the Village of Rye Brook is authorized to enter into a 1999 Stop-DWI Patrol Project
Reimbursement Contract with Westchester County for overtime and added patrol effort to enforce
DWI/DWAI laws in an amount not to exceed $8,400.00; and it is further
RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate
to accomplish the purposes of this Resolution.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
13. CHECK REGISTERS.
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November 17, 1998
Village Administrator Russo read the resolution and the Board proceeded with a vote.
(The resolution for this item appears on the next page.)
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November 17, 1998
On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted:
RESOLUTION
CHECK REGISTERS
WHEREAS,the following checks,representing payment for services rendered,have been submitted
to the Treasurer's Office and Budget Officer for payment:
On-Line Checks 19739 - 19827
NOW, THEREFORE,BE IT
RESOLVED, that the Board of Trustees of the Village of Rye Brook after audit hereby approves
payment of the above-mentioned claims and authorizes payment thereof.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
DISCUSSION:
14. KIP KONIGSBERG, ESO., K& M REALTY GROUP, LTD.:
PRELIMINARY DEIS FOR THE BOWMAN AVENUE DEVELOPMENT.
The Mayor announced the resolution and an attorney for the applicant asked to speak on the application.
Adam Wickstein,Esq.,of Shamberg,Lawler,Hochberg,Davis and Wallace asked for comments on the item.
The Board commented that the item had been in process, and had been delayed,for over two years. Trustee
Zuckerman asked the Village Attorney and Planning Consultant if any approvals, or provisions for review,
had expired. Trustee Zuckerman suggested strongly that an all new application should be submitted. Village
Attorney Ken Powell noted that the applicant had submitted correspondence stating that he had not
abandoned the application. Trustee Zuckerman agreed that the applicant had maintained that position, but
asked whether he had the right to do so and whether the applicant could apply on conditions from two years
ago.He felt that the DEIS had to be updated and the Scope revisited and revised if necessary.Mr.Wickstein
commented that there were no requirements under SEQRA or other applicable provisions of law requiring
any changes due to the passage of time. He commented that the New York Court of Appeals held that
applications which had been delayed had to be allowed to continue in the administrative review process.Mr.
Wickstein was not seeking to pre-empt the possibility that if the village's consultant found any new
conditions, they could not be explored, but simply that the mere passage of time did not warrant additional
review.
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November 17, 1998
The Board motioned to enact a resolution of referral for review by the Village's planning consultants and
other consultants of record on the application. Mr. Miller commented that there was a 30-day clock for
review of the application, and Trustee Zuckerman suggested that the 30-day period be extended to 60-days
on mutual consent of the applicant due to the approaching holidays. Mr. Wickstein replied that there was not
enough information at this time to warrant an extension. He stated that if an extension was needed, it could
be visited later on.
On further discussion and suggestions by Mr. Miller and Mr. Carosi, the Board proceeded to vote.
On the motion of Trustee Pellino, seconded by Trustee Degling, the following resolution was adopted:
RESOLUTION
REFERRING THE K&M REALTY CORP.
LTD DEIS FOR CONSULTANT REVIEW
RESOLVED, that the Board of Trustees hereby refers the Draft Environmental Impact Statement (DEIS)
submitted by K&M Realty Group,Ltd. for the Bowman Avenue Development to F. P. Clark Associates and
other appropriate consultants deemed necessary for review with respect to the scope and completeness of
the document.
Trustee Degling Voting Aye
Trustee Pellino Voting Aye
Trustee Strum Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski commented that the next meetings of the Board had been rescheduled due to the upcoming
holidays, and that they would be on December 1, 1998, and December 15, 1998. He gave a brief comment
of support for the annual Turkey Trot that would take place on Thanksgiving morning and urged residents
to turn out for the run. At this point he opened the floor to any last comments from the public.
Mr. Ken Heller of Lincoln Avenue commented that the application for the "Keyhole" property, or the
property on Bowman Avenue, should be submitted for review by the appropriate Village environmental
groups, and the Planning Board. He also commented that when the rain started, the property at Red Roof
would be the site of serious flooding and that he had seen water knee deep on the property.
There were no further comments, and the Board unanimously agreed to adjourn the meeting at 10:35 p.m.
Respectfully submitted,
1,G
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November 17, 1998
Christopher I Russo, Village Clerk
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