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HomeMy WebLinkAbout1997-09-23 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES-- REGULAR MEETING AT VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 23, 1997 -- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. CONTINUATION OF A PUBLIC HEARING ON THE PROPOSED SUBDIVISION AND WETLANDS APPLICATION BY HILLANDALE ASSOCIATES FOR 24 HILLANDALE RD, SECTION 1, BLOCK 7, LOTS 2112 AND 3132. 2. ON LOCAL LAW INTRO. #10 - 1997 TO INCREASE THE PROPERTY VALUE CAP FOR THE NYS ALTERNATIVE VETERANS' EXEMPTION PROGRAM PURSUANT TO SECTION 458-a OF THE REAL PROPERTY TAX LAW. 3. ADDING OSBORN PLACE TO §240-12 OF THE VILLAGE CODE "NO THROUGH-COMMERCIAL TRAFFIC." RESOLUTIONS: 4. APPROVAL OF ST. PAUL'S CHURCH'S APPLICATION FOR A CHILD DAY CARE FACILITY. 5. HIGH POINT VILLAGE -- FINDING STATEMENT. G. HIGH POINT VILLAGE: s LOCAL LAW INTRO. #7 - '97, AS AMENDED, REVISING §250 - 7 (E) OF THE "PUD" ZONE TEXT. • HIGH POINT VILLAGE-- LOCAL LAW INTRO. #8- '97 REZONING HIGH POINT PROPERTY AS A "PUD." HIGH POINT VILLAGE-- PUD CONCEPT PLAN. 7. AUTHORIZING AN EXTENSION OF THE VILLAGE'S APPROVAL OF THE SUBDIVISION APPLICATION OF ANN AND AMID CAPECI FOR 22 RIDGE BOULEVARD. 8. CONSIDERING APPROVAL OF THE ALTERNATIVE VETERAN'S EXEMPTION PROGRAM. 9. CALLING FOR A PUBLIC HEARING ON OCT. 28, 1997, ON THE SITE PLAN APPLICATION BY CERASO (chgd. to 10/30). I 10. CALLING FOR A PUBLIC HEARING ON OCT. 289 1997, ON BULK STANDARD ZONING CODE REQUIREMENTS (chgd. to 10/30). i September 23, 1997 PAGE TWO I REPORT: 11. ENVIRONMENTAL ASSESSMENT FORM ON FIRE HOUSE LOCATION. 12. CHECK REGISTERS. WRITTEN COMMUNICATIONS: ACTION: 13. NANCY AND KEN LEVY RE: BROOK LANE AT THE INTERSECTION OF WESTCHESTER AVENUE. NEXT MEETING DATES: AGENDA MEETING OCTOBER 14, 1997 REGULAR MEETING OCTOBER 25, 1997 -- Changed to October 30, 1997 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES 0 6 51 j VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK SEPTEMBER 23, 1997 7:30 p.m. CONVENE MEETING The Meeting was called to order at 7:35 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Police Lt. Joseph Ciccone Treasurer Joseph Cortese Fire Chief William D. McCluskey Village Engineer Victor Carosi Village Planning Consultant Christian Miller, F. P. Clark&Associates Upon opening the meeting, Mayor Cresenzi gave tribute to the hard work and dedication of Greg Greve and presented him with a certificate of appreciation upon his retirement from being director of the Rye Brook-Port Chester Chamber of Commerce. PUBLIC HEARINGS: 2. ON LOCAL LAW INTRO.#10 - 1997 TO INCREASE THE PROPERTY VALUE CAP FOR THE NYS ALTERNATIVE VETERANS' EXEMPTION PROGRAM PURSUANT TO SECTION 458-a OF THE REAL PROPERTY TAX LAW: Administrator Russo said that the state law amended the veterans' exemption to include Korean and Vietnam era veterans. Regarding the property tax exemption levels, he added that there was a 10% exemption for people in military service and an additional 15% if the person served in combat. There was a further percentage exemption if a person was a disabled veteran. In 1986, the equalization rate was frozen at 7.71% for these exemptions but that it is currently 4.25% for other property owners. He stated that there would be a $3900 increase in total taxes collected from veterans under this new plan because of the different rates, despite the fact the exemption was lowered under the alternative plan. Mayor Cresenzi said that residents would pay more in taxes in the short-term. Mayor Cresenzi and Trustee Tunis questioned why the law would negatively affect veterans. Administrator Russo said that the Board could revisit why it negatively affects veterans by asking for a report from the Assessor. Mayor Cresenzi said that Village Assessor Bill Wendlandt needed to put together additional information before the Board of Trustees took action. On the motion of Trustee Zuckerman, seconded by Trustee September 23, 1997 U06521- Tunis, the hearing was closed. Item 8 was removed from the agenda to wait for further information. 1. CONTINUATION OF A PUBLIC HEARING ON THE PROPOSED SUBDIVISION AND WETLANDS APPLICATION BY HILLANDALE ASSOCIATES FOR 24 HILLANDALE RD SECTION 1 BLOCK 7,LOTS 2B2 AND 3B2: Edward Beane, applicant's attorney, stated that there were certain issues raised about compliance of the plan with setback requirements and computation of the total lot area. Mr. Beane stated that there had been disagreement between the interpretation of the Code by Mr. Mastromonaco and the Village's Planning Consultant, but that the applicant had adopted the Village's approach regarding setback requirements which complied with the Village's Consultant's interpretation. He claimed that this application included property lots completely conforming to Village Code. Mr. Beane further stated that his interpretation of the Wetlands Law was that the law was not intended to prevent development but to have development comport with mitigation standards where mitigation is possible and compliance with the law when compliance is possible. He next asked Mr. Mastromonaco to discuss the application, and ,Trustee Zuckerman asked him to answer a question regarding the lot layout. Trustee Zuckerman asked, "Is the difference between the plan that was before the Board last time and this time, aside from the rounding of certain lines, the lot line between the old lot and the new lot which leads to the street?" Mr. Zuckerman asked if that line could be made straight and more perpendicular to the street, as it had been in the first plan, or if that would take away from the lot area that is required under the Code? Mr. Mastromonaco could not answer Mr. Zuckerman's question due to the complexity of the formula that had been used to calculate the lot lines, and stated that no change could be made unless it met with the approval of the Village's Planning Consultant. Mr. Zuckerman said, "Well, you have made several changes with respect to Mr. Miller's recommendations (to date)." Mr. Miller said that an adjustment to that particular line could be accomplished with a minor modification to the plan. David Watson of 20 Hillandale Road said he had faxed a request to Administrator Russo asking him to inform him if there was anything new in the file. He had only recently found out about the new plan and complete wetlands application and did not have sufficient time to review them. Mayor Cresenzi said it was up to the Board to decide if the hearing should remain open and that the Board would not be approving the resolution this evening. He also said that everyone would have two weeks to review new items. Mr. Watson stated that the application was not in compliance and that it was not different from the original one. He said that it had highly irregular lot and side lines with no rational basis behind them. He said the development was bad for the neighborhood because it was not more appropriate or harmonious and that there alread was a nonconforming house on the property. Mr. Watson urged the Board to think about the precedent they would be setting, and said that if the plan was decreased from two houses to one there would be a compliant R20 lot, fully developed, with less density. Mr. Watson continued that there would be problems with future owners and that the steep slopes on the site would cause downstream flooding. He said that the Board would be encouraging people to build in wetlands with non-uniform lot lines. Trustee Zuckerman agreed that the wetlands application was similar to the first application and stated that the report of the Environmental Conservation Council was needed. Mr. Miller said he had not fully reviewed the wetlands application, but that it looked very similar. He said it should be reviewed by the Environmental Conservation Council because it was a new application. 2 September 23, 1997 06652:) Larry Rand, an equity holder in Hillandale Associates, said the reality of where the site will be and what it the Board should make sure the application is in compliance. will look like is important. He said that pp p Ellen Harmon of 16 Hillandale Road said the proposal had many holes and that it had many problems and legal deficiencies. On the motion of Trustee Strum, seconded by Trustee Pellino, the hearing was closed. Trustee Zuckerman asked if the Board could have a vote on the next agenda without wetlands review. Christian Miller said that was not advisable. 3. ADDING OSBORN PLACE TO §240-12 OF THE VILLAGE CODE "NO THROUGH- COMMERCIAL TRAFFIC": Administrator Russo explained the situation regarding an application by a business to operate a commercial sprinkler installation company at a property facing Merritt Street in Port Chester. He said ,that the current traffic and the capacity on the street was only to a level adequate for residential use, not for a commercial use. He said with heavy equipment and commercial vehicles using narrow Osborn Place, that the traffic on Osborn Place had been reviewed by the Traffic Commission. Trustee Pellino said the situation was deleterious to Rye Brook residents because young children were being subjected to the traffic created by heavy equipment. Mayor Cresenzi said that Osborn Place was a T-shaped street with a 20 foot wide roadway that did not allow for much room to remove snow. He also said large construction vehicles were using the road and that Merritt Street could handle the heavy equipment much better because the road was reinforced concrete while Osborn Place could not handle it because it was small and narrow like a driveway. Trustee Pellino stated that the last house at the end of the street was in Port Chester. He also asked if the Village of Rye Brook had any authority of enforcement over the situation. Ken Powell said that delivery trucks could use the street while commercial trucks would be considered through-traffic and could not use the street. Trustee Pellino said the Manual of Uniform Traffic Control Devices provides for appropriate sign configurations. Tom Josephson, a resident of Osborn Street, said he wanted to stop the current and future commercial traffic on the street. He said there was a provision from the 1970s that prohibited any access but emergency access from the property in question onto Osborn Place. Peter Sisca, Esq., representing the owner of the business at the end of Osborn Place asked that the Board not to add Osborn Place to the list of streets that prohibit commercial vehicles and trucks. He said he wanted to see the impact it would have on Mr. Kennedy's business because the only"real" access to the property was from Osborn Place. Trustee Strum asked Mr. Sisca to define"real" access. Mayor Cresenzi said a lot of research and preparation had been put into this resolution. He said it seemed there was no prohibition to access from Merritt Street, and that establishing access onto Osborn Place would make the road and intersection very dangerous. Mr. Sisca said his client had requested approval of the Port Chester Planning Board for the access onto Osborn Place. Trustee Zuckerman asked if the applications had been subject to a public hearing or whether the Port Chester Board of 3 September 23, 1997 0065212 Trustees had ever reviewed it or referred it to the Planning Board. Mr. Sisca said that the application never had to go to the Port Chester Board for approval. Trustee Zuckerman said he was unfamiliar with Port Chester's approval process. Nick Paradise, a resident of Osborn Place in Port Chester, said that the gate from the property onto Osborn Place should not even be there. Trustee Pellino asked if he was notified of the plan to use the access to and from the property. Mr. Paradise said he was told that the Port Chester Planning Board did not have to notify the residents. Mayor Cresenzi said it was not legal to access a strictly commercial property through a strictly residential street. After a motion by Trustee Zuckerman and a second by Trustee Strum, the hearing was closed. 3A. PROHIBITING COMMERCIAL VEHICLES FROM USING OSBORN PLACE: On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION PROHIBITION OF COMMERCIAL VEHICLES ON OSBORN PLACE RESOLVED, that the accompanying negative environmental declaration is adopted under the State Environmental Quality Review Act; and it is FURTHER RESOLVED, that Section 240-12 of the Rye Brook code is amended to read as follows: § 240-12. Commercial vehicles. A. Motor trucks,'except those delivering merchandise, other items or services along and in the vicinity of the following streets of the Village of Rye Brook, are forbidden the use of and travel upon the following streets: (1) Garibaldi Place. (2) West Street. (3) Osborn Place. B. The Board of Trustees may, by resolution, establish additional no-through-traffic streets for commercial vehicles. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE I TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4 September 23, 1997 4. APPROVAL OF ST. PAUL'S CHURCH'S APPLICATION FOR A CHILD DAY CARE FACILITY: j Trustee Pellino asked that the applicant pay attention to the traffic delays and safety conditions cause by school buses stopping on Comly Avenue, and urged the applicant to make arrangements for alternate school bus pick-up sites. Trustee Strum said that the project was good because it was not out of character with the surrounding area. Trustee Tunis said that overall she expected the church to maintain only 15 children in the play area and to keep the hedges well-groomed. Mayor Cresenzi said it was not an easy decision to make but that it was important to ensure that everyone was treated fairly. Michael Siegel said the process was fair but that he wanted the hours of operation changed by half an hour so that they would not conflict with school bus stops. Morton Smith, Esq., attorney for the applicant, stated that it was not feasible to change the hours because the parents of the children using the day care center had to work, and that changing the hours of operation of the day care center would inflict a burden on them. Mr. Smith continued that the church had advised the schools to discontinue their use of the church property as a school bus stop and suggested that Magnolia Drive be used as an alternative. Terry Nuzzi said that there were no sidewalks on Comly Avenue. Mr. Smith said he didn't know how and when the children could be dropped off. Trustee Tunis asked if the church could put a teacher outside to monitor the children being dropped off. Trustee Zuckerman said he didn't think there would be a problem at 7:30a.m. He said that the problem was the 10-15 minutes spent waiting for the bus. Steve Berger, a resident, said that the church should not be involved in the selection of a new school bus stop and that it should be up to the school and the parents. Mayor Cresenzi agreed. Trustee Zuckerman and Trustee Tunis thanked the residents for their good decorum and respectfulness during the hearings. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION SAINT PAUL'S LUTHERAN CHURCH CHILD DAY CARE CENTER APPROVAL OF SPECIAL PERMIT WHEREAS, on or about March 24, 1997, Saint Paul's Evangelical Lutheran Church, Comly Avenue, Rye Brook, New York submitted a special permit application for a child day care center pursuant to Section 250-6(H)(3) of the Village of Rye Brook Code; and WHEREAS, the application seeks a special permit to operate a child day care center in a residential zoning district (R-20)upon approximately 2.44 acres of property situated on Comly Avenue, Rye Brook, New York, also known as Section 1, Block 8, Lot 4B1, on Village tax assessment maps; and WHEREAS,the application was referred to the Village's Planning Board for a report and recommendation, and the Planning Board at its May 8, 1997 meeting recommended approval subject to the applicant satisfying certain comments made by the Village's Planning Consultant; and WHEREAS, on June 10, 1997 the Board of Trustees conducted a public hearing on the application upon due notice; and 5 i September 23, 1997 006S28 WHEREAS, to address certain comments made at the public hearing, the Village requested a traffic analysis from the Village's Planning consultant and received a memorandum dated July 28, 1997 which concludes that traffic delays will not increase substantially by reason of the application, though the level of service may make the Comly Avenue/King Street intersection a candidate for a traffic signal from the NYS DOT; and WHEREAS, the application consists of the following plan: Site Plan, St. Paul's Evangelical Lutheran Church, Village of Rye Brook, Westchester County, N.Y., prepared by Ralph George Mastromonaco, P.E., Consulting Engineer, 13 Dove Court, Croton-on-Hudson, New York 10520, dated June 3, 1997, last revised June 27, 1997 (one sheet) and; WHEREAS, the location, size and character of the child day care center is in harmony with the appropriate and orderly development of the neighborhood in which it is situated and will not be a detriment to the value of property in the neighborhood, in that, among other things, a nursery school was operated at this location for many years in harmony with surrounding uses and without detriment to property values; and WHEREAS,the lot on which the child day care center will be located is 2.44 acres which is greater than the minimum required area of.5 acres, the lot contains more than the required 1,000 square feet of play area for each 5 children, in view of the applicant's operating plan to have only a limited number of children in the play area and to use the fenced portion only at any one time the area shown on the plans as the fenced portion of the play area represents a suitably fenced play area, and the play area is located no less than 30 feet from a lot line or 50 feet from any residential structure; and WHEREAS, the area to be used for child day care center purposes is first floor area and more than 35 sq. ft. per child, the building is of fireproof or semi-fireproof construction, a suitable off-street drop-off pick up area is shown on the plan, and the application satisfies the requirements of Rye Brook Code Sec- tions 250-6(H) (1) (b) (1),250-6(11) (1) (b) (2) (a), 250-6(H) (1) (b) (2) (b) and 250-6(H) (1) (b) (2) (c). NOW THEREFORE, BE IT RESOLVED, that the accompanying negative declaration is adopted under the New York State Environmental Quality Review Act; and it is FURTHER RESOLVED, that the application for a child day care center special permit is granted subject to the following conditions: 1. The landscaping, buffering and three foot high chain link fence shown on the plan shall be maintained in good condition for its intended purpose, and shall be replaced when necessary at the request of the Building Inspector. 2. The maximum number of children which may use the child day care center at any one time shall be 45 children. 6 September 23, 1997 00652,9 3. No more than 15 children shall be allowed in the play area at any one time. Only the fenced portion will be used for this purpose for the safety of the children and to avoid disturbance of the neighborhood. 4. All laws, rules and regulations applicable to a child day care center shall be complied with at all times. 5. A copy of all State agency inspection report(s) of the child day care center shall be transmitted to the Building Inspector promptly after receipt by the applicant or operator. 6. As provided in Section 2506(H) (3) of the Rye Brook Code, the Building Inspector shall annually inspect the premises of a child day care center for compliance with the provisions of Section 250- 6(H) (3), and the special permit issued, during regular business hours, and upon receipt of a complaint indicating a possible non-compliance with such provisions, within 10 days after receipt of the complaint. If the owner or operator so requires, at least 24 hours notice of the inspection shall be given, unless the Building Inspector reasonably considers there are emergency circumstances involved. The foregoing shall not limit any inspections of the New York State Department of Social Services, or inspections undertaken with consent or under a warrant. 7. As provided in Section 250-6(H) (3) of the Rye Brook code, after a hearing held on at least ten (10) days notice, a special permit issued for a child day care center may be revoked for the violation of a provision of Section 250-6(II) (3) or any condition of the special permit affecting the health or safety of children, an unjustified and persistent refusal to permit inspections of the premises, or any other circumstances constituting a material threat to the health and safety of children. 8. The conditions of this special permit shall be binding on any contractual operator of the child day care facility, in addition to being binding on the applicant, its successors and assigns. 9. The child day care center hours of operation shall not begin earlier than 7:30 a.m. nor extend later than 6:00 p.m., but this shall not prevent or restrict maintenance and administrative activities during other hours. 10. The child day care center shall be sprinklered to the satisfaction of the Building Inspector. 11. The 9,000 square foot play area shall be preserved for that purpose and no activity shall take place on the play area, and no structure shall be placed in the play area, which would interfere with such use. 12. Rye Brook residents shall receive preference in admission of their children to the child day care center; and it is FURTHER RESOLVED, that all previous approvals relating to the property shall remain in full force and effect, except as modified herein. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 7 September 23, 1997 TRUSTEE ZUCKERMAN VOTING AYE 006"'530 TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE At this point the Mayor called for a recess at 9:10 p.m. and the Board reconvened at 9:18 p.m. 5. HIGH POINT VILLAGE—FINDING STATEMENT: Christian Miller submitted the final draft with the Board of Trustees' comments from the work session. He said that some of the changes were to correct typos while others were substantive changes. Mr. Miller went through the report thoroughly pointing out the typos and stating the changes. Trustee Pellino wanted to know the quantifiable impacts on Village services. On completing their review, the Board of Trustees moved to adopt the High Point Village PUD Findings Statement. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the Board of Trustees adopted the Findings Statement as amended. ENVIRONMENTAL FINDINGS STATEMENT HIGH POINT VILLAGE PUD Village of Rye Brook Westchester County,New York Name of Project: High Point Village Planned Unit Development (PUD) Project Location: Southwest corner of King Street and Lincoln Avenue intersection, Village of Rye Brook, Westchester County, New York. Project Description: The PUD application consists of the following actions 1) Adoption of text amendments to § 250-7 (E), Planned Unit Development District, of the Village of Rye Brook Zoning Code; 2) Approval of a PUD Concept Plan which proposes to develop a 137-acre site, formerly used as High Point Hospital, with a mix of uses including 168 multi-family senior living units, 48 senior duplex units, 12 middle- income townhouse units, 30 village homes, 171 single-family homes, and 3,500 square feet of retail; 3) Adoption of an amendment to the Zoning Map of the Village of Rye Brook to change the existing zoning of the subject property from OB-1 Campus/Office Building District to PUD District; and 4) Approval of a subdivision plat and detailed site plan in accordance with the PUD Concept Plan. SEQRA Classification: Type I Action Lead Agency: Village of Rye Brook Board of Trustees Village of Rye Brook, 938 King Street Rye Brook, New York 10573 (914) 939-1121 /(914) 939-0242 (fax) Contact Person: Christopher J. Russo, Village Administrator (914) 939-1121 /(914) 939-0242 (fax) Findings Statement Adoption by Lead Agency: September 23, 1997 8 September 23, 1997 ENVIRONMENTAL FINDINGS STATEMENT 006531 HIGH POINT VILLAGE PUD WHEREAS, on October 15, 1996, the High Point Village Company submitted a verified petition to the Village of Rye Brook requesting that approximately 137 acres of property on King Street, known and shown on Village tax assessment rolls as Section 1, Block 3, Lots 1A1-1, IA2 and 1B2 be re-zoned from an office building (OB-1) zone to a Planned Unit Development (PUD) zone; and WHEREAS, the PUD process consists of two (2) sequential review and approval phases; Phase I includes PUD Concept Plan and Rezoning and Phase I1 includes Subdivision and Detailed Site Plan Review; and WHEREAS, at its meeting on October 22, 1996, the Village Board of the Village of Rye Brook received the Petition pursuant to Sections 250-14 and 250-7 (E) of the Village Zoning Ordinance and by a resolution adopted a lead agency notice indicating the Village Board's intent to act as the SEQRA Lead ,Agency; and WHEREAS, the Petition was accompanied by the following plans, all prepared by Devereaux & Associates and dated October 3, 1996: 1. High Point Village Conceptual Site Plan; 2. Conceptual Subdivision Plat; and 3. Village Green Site Plan; and WHEREAS, the Petition seeks the following specific relief, which together constitutes the "action" for environmental review: 1. Adoption of a Zone Map Amendment changing the OB-I Zone District to the PUD, Planned Unit Development Zone; 2. Adoption of a Zoning Ordinance Amendment to, inter alia, permit senior living as a principal permitted use in the PUD Zone; 3. Approval of a PUD Concept Plan by the Village Board; 4. Approval of a Subdivision Plat Application by the Village Board; 5. Approval of a Site Plan Application by the Village Board; and 6. Wetlands Permits and/or Tree Permits, as required. WHEREAS, on November 4, 1996, the Village Board and the Planning Board discussed the plan and both Boards provided initial comments and areas of concern to be reviewed as part of the SEQRA process; and 9 September 23, 1997 006532 WHEREAS, on November 8, 1996, Frederick P. Clark Associates submitted a memorandum to the Planning Board, which memorandum discusses the petition submitted by the Petitioner; and WHEREAS, on November 14, 1996, the Petitioner made a presentation of the petition to the Planning Board and the Planning Board provided input with respect to issues that should be contained in the scoping document including, but not limited to the following: traffic intersection analysis; stormwater analysis of Blind Brook and King Street; noise impacts of airport; fire access and emergency access; alternative designs and densities;jurisdiction of the DOT, etc.; and WHEREAS, on November 26, 1996, the Village Board adopted a resolution confirming the Village Board's lead agency designation, adopting a positive declaration and setting a public scoping session for December 16, 1996, and circulating a draft Scope; and WHEREAS, a public scoping session was held on December 16, 1996, at which session comments from all those wishing to be heard were received; and WHEREAS, the public comment period for the scoping process was kept open until December 20, 1996; and WHEREAS, comments were received from the County of Westchester and the Town of Greenwich at the scoping session; and WHEREAS, the scoping document was modified pursuant to the comments from the Village Board, Planning Board, other agencies and the public, and on January 7, 1997, the Village Board adopted a final scoping document, which was circulated on January 13, 1997; and WHEREAS, on March 11, 1997, the draft EIS was submitted for review by the Village Board and on March 13, 1997, the Planning Board discussed the draft EIS; and WHEREAS, by memoranda dated March 19, 1997 and March 25, 1997, Frederick P. Clark Associates and Leonard J4ckson Associates, the Village's Planning and Engineering Consultants, commented on the Draft EIS; and WHEREAS,the Village Board conducted a review of the draft EIS with its Planning Consultant at the Board's meeting on March 25, 1997; and WHEREAS, by memorandum dated April 4, 1997, Frederick P. Clark Associates recommended that the DEIS be accepted as complete and on April 8, 1997, the Village Board reviewed the DEIS and adopted a Notice of Completion of a Draft EIS and scheduled a Public Hearing on the Draft EIS for May 13, 1997; and WHEREAS, on April 17, 1997, the Planning Board recommended approval of the PUD Concept Plan, the proposed Zone Map Amendment to change the zone designation of the subject premises from OB-1 to PUD, and the proposed Zone Teta Amendments and PUD Concept Plan; and WHEREAS, on April 24, 1997, the Village Board adopted a resolution setting public hearings on 10 September 23, 1997 00653J the PUD Zoning Text Amendments, Zoning Map Amendment and PUD Concept Plan for May 13, 1997; and i WHEREAS, on May 8, 1997, the Planning Board discussed a memorandum dated May 5, 1997, prepared by Frederick P. Clark Associates regarding the Draft EIS; and WHEREAS, on May 13, 1997, the Village Board conducted concurrent public hearings on the Draft EIS, the Proposed Zone Map Amendments, and the proposed Zone Text Amendments, and the PUD Concept Plan at which public hearings all those wishing to be heard were given the opportunity to be heard; and WHEREAS,the Public Hearing on the Draft EIS was closed by the Village Board on May 13, 1997, with the comment period to remain open until May 23, 1997; and WHEREAS, the Public Hearings on the proposed Zone Map Amendments, the Zone Text Amendments and PUD Concept Plan were adjourned to June 24, 1997; and WHEREAS, during the environmental review process, numerous potential environmental impacts were noted and discussed; WHEREAS, based upon comments received during the Draft EIS process, the Petitioner made revisions to the proposed Project including the following: — elimination of the office building, — relocation of all dwelling units outside of the Runway Protection Zone, — relocation of below-grade parking associated with the Senior Living Building to at-grade parking, — expansion of the land area to be dedicated to the Village including for recreation purposes, — looping of cul-de-sacs 2 and 3. WHEREAS, on June 23, 1997, the Village Board re-opened the Public Hearings on the proposed Zone Map Amendment, the proposed Zone Text Amendment and PUD Concept Plan at which time all those wishing to be heard were given the opportunity to be heard, which public hearings were adjourned to August 12, 1997; and WHEREAS, at the June 23, 1997 Village Board Meeting, the Petitioner made a presentation to the Village Board enumerating the revisions to the Concept Plan resulting from the Draft EIS review process; and WHEREAS, the Petitioner submitted a revised set of plans all prepared by Dolph Rotfeld Engineering, P.C., and all originally dated January 29, 1997, including the following: Sheet Number Description Date of Last Revision 1 of 7 Site Layout Plan August 15, 1997 2 of 7 Grading Plan August 15, 1997 11 September 23, 1997 006534 Sheet Number Description Date of Last Revision 1 2a of 7 Limit of Disturbance August 15, 1997 3 of 7 Utility Plan August 15, 1997 4 of 7 Sediment& Erosion Control August 15, 1997 5 of 7 Road Profile August 15, 1997 6 of 7 Road Profile August 15, 1997 7 of 7 Road Profile August 15, 1997; and WHEREAS,the revised plan incorporates the following changes and mitigation measures from the original plan: 1. The 150 foot buffer along King Street will remain and will be enhanced with landscaping at selected locations. Zone Text Amendments will give the Village Board discretion to reduce the required buffer in designated areas upon the finding by the Board that same is appropriate; and 2. Construction techniques have been presented and will be utilized by the Petitioner and will r attenuate noise associated with the Westchester County Airport within the residences to a level of 45 Ldn or less; and 3. The Petitioner has proposed certain revisions to the requested Zone Text Amendments to address the concerns raised during the review of the project associated primarily with the buffer areas; and 4. The elimination of the office building permits an increase in dedicated land to the Village from 14 acres to 28.8 acres. The configuration of this increased dedicated parcel provides added potential for Village uses and active or passive recreational uses by providing the ability to incorporate a cleared area for such uses. Of the 14 acres devoted to recreational use, 3 acres are already owned by Rye Brook, but are credited under a Court ordered stipulation towards the PUD recreation dedication. The remaining acreage to be dedicated in the future may be dedicated by the Village for recreation use or another public use. A further delineation of these dedication parcels will be made during site plan review; and 5. The main entrance road is relocated approximately 635 feet further north and approximately 858 feet south of the Lincoln Avenue/King Street intersection; and 6. The Village Green proposal is revised to require cuts of three to four feet where the road systems intersect. The balance of the Village Green area will be at or close to existing grade; and 7. The office building has been eliminated from the plan and all residences have been 12 September 23, 1997 006535 relocated outside of the Runway Protection Zone based on current Westchester County Airport operations. This puts the project in compliance with FAA guidelines regarding runway protection; and 8. The buffer area along the southern boundary with Royal Executive Park, a 400,000 square foot office park, is reduced to fifty (50) feet. This buffer area has been enhanced by the provision of a comprehensive landscape package. The buffer area in the western portion of the site has been expanded. The total buffer area is approximately 37 acres (34 required). This allows for shifting of the Village Green to better accommodate access and reduce disturbance; and 9. Storm Water Treatment Facilities Numbers One and Five have been relocated to reduce disturbance to delineated wetlands. The potential impact to on-site wetlands due to the Storm Water Facilities has been reduced from 1.95 acres to 0.04 acres. The associated Treatment Facilities have been moved to adjacent uplands; and 10. Emergency access through Royal Executive Park has been eliminated and the Lincoln Avenue emergency access has been redesigned, thereby reducing potential wetland impact associated with emergency access roads from 0.43 acres to 0.02 acres; and 11. The cul-de-sac to serve lots 58 to 63 has been replaced with a private driveway, thereby reducing impervious surface and significantly reducing the amount of fill required within the 100 year flood plan; and 12. The maximum height for Senior Living Facility has been reduced from 45 feet to 35 feet. This is consistent with permitted height of office buildings within the PUD Zone and also with permitted height for structures in the OB-1 Zone. The 35 foot maximum height for the Senior Living Facility will be calculated by taking a weighted average of the height of the facility around the perimeter of the building; and WHEREAS, on July 3, 1997, the Petitioner submitted the Final EIS for review by the Village Board as Lead Agency, with respect to completeness; and WHEREAS, on July 8, 1997 a meeting was coordinated with the Village Consultant Frederick P. Clark Associates, for an initial preliminary completeness review of the Final EIS; and WHEREAS, on July 8, 1997, at a Village Board meeting the Petitioner discussed with the Village Board the submission of the Final EIS and the changes to the Concept Plan that had been incorporated; and WHEREAS, on July 10, 1997, the Petitioner appeared before the Planning Board to discuss the changes to the Concept Plan that had been incorporated as a result of the Draft EIS review process; and WHEREAS, based upon comments received from the Village Board, the Planning Board and the Village's Consultant, the Petitioner revised the Final EIS and resubmitted same to the Village; and WHEREAS, on July 18, 1997, Frederick P. Clark Associates submitted a memorandum to the 13 September 23, 1997 006536 Village Board, discussing the Final EIS and recommending that certain modifications be made to the Final EIS prior to the Village Board adopting a notice of completion; and WHEREAS, at a Village Board meeting on July 22, 1997, the Petitioner appeared before the Village Board to discuss the July 18, 1997, memorandum from Frederick P. Clark Associates; and WHEREAS, also at its meeting on July 22, 1997, the Village Board rescheduled for August 19, 1997, the public hearings on the proposed Zone Text Amendments, Zone Map Amendment, and PUD Concept Plan originally scheduled for August 12, 1997; and WHEREAS,thereafter the Petitioner, after discussions with the Village Board and the professional staff, resubmitted the Final EIS; and WHEREAS, on August 6, 1997, the Petitioner appeared before the Planning Board at a Planning Board Meeting to review with the Planning Board the revised PUD Concept Plan, the revised Zone Text Amendments and Zone Map Amendments at which time the Planning Board voted unanimously to recommend that the Village Board adopt the proposed Zone Text Amendments, Zone Map Amendment and PUD Concept Plan; and WHEREAS, at its meeting on August 19, 1997, the Village Board reconvened the Public Hearings on the proposed Zone Text Amendments and the Zone Map Amendment, and PUD Concept Plan at which Public Hearing all those wishing to be heard were given the opportunity to be heard, after which the public hearings were closed; and WHEREAS, at a September 16, 1997 public work session, the Village Board reviewed and discussed a preliminary Draft Environmental Findings Statement submitted by Frederick P. Clark Associates with memorandum dated September 12, 1997. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, acting in its capacity as lead agency associated with this environmental review of the High Point Village Project hereby makes the following findings and incorporates the following mitigation measures: 1. The subject premises is 137.12 acres in size and has been utilized in the past as High Point Hospital, a 40,000 square-foot hospital facility. The site is located along King Street and has approximately 2,900 linear feet of frontage on King Street. The property is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 1Al-1, 1A-2 and 1B-2; 2. The subject premises is currently zoned OB-1 Campus/Office Building District which the petitioner estimates could permit 1,310,000 square feet of office development. An office use could be more compatible with the noise impacts associated with the Westchester County Airport operations, but could also generate impacts, particularly traffic, which would be potentially incompatible with other institutional and residential uses within the - vicinity of the site. In addition, the petitioner indicates in its petition that a large office development on this property is not viable given the Petitioner's estimate of a 25% office 14 September 23, 1997 006537 vacancy rate in Westchester County; 3. The property is currently improved by a vacant 40,000 square-foot hospital facility together with small accessory buildings and a light-tower associated with the operations of the Westchester County Airport; i 4. The premises is bounded: • On the south by Royal Executive Park, an office development approved in three phases, consisting of Phase I - 270,000 square fee, Phase II - 270,000 square feet, Phase III - 345,000 square feet. The first two phases (540,000 square feet) are completed and Phase III has been approved; 0 On the west by Purchase College of SUNY, a New York State University; • On the north by Westchester County Airport Runway 16-34, as well as the United Cerebral Palsy Center; • On the east by King Street. Across from the subject premises along King Street are several large properties currently utilized for a series of uses including a nursing home, religious institutions (including Convent of the Sacred Heart) and residential properties located in the Town of Greenwich; 5. A majority of the site drains into the Blind Brook. Approximately 26.6 acres of the 137.12-acre property located in the southeastern portion of the site drains into the Byram River. Under proposed conditions, approximately 18.5 acres of the site will drain into the Byram River. Conceptual stormwater management designs were prepared to attenuate post-development peak discharges to 76% of the existing rate for the 2-, 50- and 100-year storm events. The 10-year peak discharge did not meet the 76% peak rate reduction and as a result, the stormwater management design will require modification to meet the criteria when the detailed site plan application is submitted. 6. The site contains approximately 21.28 acres of wetlands. The Concept Plan has been revised to reduce impacts to wetlands and the previously proposed wetland disturbance associated with the utility connection to the 60,000 square-foot office building along Lincoln Avenue has been eliminated. The relocation of Stormwater Treatment Facilities No. 1 and No. 5, the elimination of the proposed emergency access from Royal Executive Park and the realignment of the emergency access from Lincoln Avenue have reduced total wetland disturbance from 2.5 acres to 0.06 acres; 7. The site contains approximately 26.5 acres of Village- and New York State Department of Environmental Conservation-regulated wetland buffer areas. Concept Plan modifications to the proposed stormwater management system have been designed to reduce impacts to wetland areas but has also resulted in an increase in disturbance to wetland buffer areas from 3.55 acres to 4.45 acres; 8. The requested rezoning to the PUD District is consistent with the Zoning Regulations and 15 September 23, 1997 006536 land use policies in the Village of Rye Brook Comprehensive Plan which consists of the - Rye Brook Zoning Code, the Rye Brook North Generic Environmental Impact Statement and other applicable documents; 9. The proposed action will result in temporary increases in noise levels in the area due to construction noise. Long term noise levels will also increase, but the increases should be minimal and will most likely not be perceptible to the human ear; 10. The proposed High Point Village Project will be affected by noise impacts associated with the operation of the adjacent Westchester County Airport. A substantial portion of the site is located within the 1988 75-70 Ldn Airport Noise Contour established by the Federal Aviation Administration. This noise contour is within a 60 Ldn noise contour which has been designated by Westchester County as a Critical Environmental Area. Noise impacts associated with the Westchester County Airport will be mitigated to the maximum extent practicable by virtue of the location of the structures as well as the various construction techniques and noise attenuation measures required by the Lead Agency to achieve an indoor sound level of no greater than 45 Ldn consistent with Federal guidelines; 11. Exterior noise impacts from the Westchester County Airport have been mitigated to the maximum extent practicable by virtue of the location of the structures. In addition, the petitioner has agreed to disclose in his offering plan noise impacts associated with the activity of the adjacent County airport, including a statement of Westchester County's opposition to residential land use at this location. Neither the Lead Agency nor the petitioner have the authority or ability to mitigate adverse airport noise impacts at their source; 12. The petitioner has eliminated the office building and relocated all the residential units outside of the established Runway Protection Zone (RPZ) based on current airport operations, thereby complying with Federal Aviation Administration guidelines regarding runway protection; 13. Demographic changes have created a significant demand for housing for senior citizens, in the Village of Rye Brook in particular and in the New York Metropolitan area in general. The senior living facility to be incorporated as part of the High Point Village project will address some of this housing demand; 14. The proposed High Point Village project is projected by the Petitioner to generate a maximum of 171 school-age children which will likely have an impact on school capacity in the Blind Brook School District. Future impacts on school capacity were evaluated in the Enrollment Update Blind Brook-Rye Union Free School District, prepared by Focus Consulting Associates in November, 1996, which report was included in the Draft EIS. This report assumed the High Point Project would generate a total of 173 school-age children phased in over the 1996-2006 forecast period. These estimates assumed that all of the proposed housing units, including senior villas, could include children with the exception of the 168 units in the age-restricted senior living facility. To offset impacts to the Blind Brook School District, the proposed development has been projected by the petitioner to generate between $1.5 million and $1.8 million in school district taxes. As 16 September 23, 1997 006534 additional mitigation, the Petitioner plans to design proposed housing units and direct some of its marketing efforts to meet the needs of"empty nesters" i.e., individuals or couples whose children have grown and moved out on their own. The Petitioner has presented that the Blind Brook School District has indicated that a larger graduating class size is better for the overall development of the students relative to promoting diversity and socialization; 15. Development of the proposed High Point Village project is projected by the petitioner to add approximately 991 residents and would increase the Village-wide population by approximately 13 percent. The potential increase in population is expected to have an impact on all Village services including fire, police, recreation, public works, sanitation and solid waste removal. In some cases, additional staffing (including but not limited to 2 additional police officers and 1 public works official) or equipment will be necessary to maintain existing service levels for the police, public works, recreation and other Village departments. To offset such potential impacts, the Petitioner estimates that the project will add approximately $600,000 to $700,000 in additional Village revenue. The Petitioner proposes to dedicate approximately 28.8 acres of land for Village use, including recreational use, reduce the number of proposed cul-de-sacs from four to two, provide on- site recreational and community amenities which petitioner has stated will be open to the general public on a limited basis, include fire sprinkler systems in all buildings and provide 24-hour on-duty staff in the senior living facility to help reduce the number of unnecessary calls to service providers; 16. High Point Village will be serviced by public water supply. There is a low water pressure condition in the general area and the Petitioner will accommodate water services for High Point Village by providing a booster station. According to correspondence dated August 8, 1997 from the New York-American Water Company, "The Company has an adequate water supply to serve the proposed development and the anticipated increased demand imposed by the development will not have an adverse effect upon the existing customers in the Village of Rye Brook." The necessity for on-site water storage facilities will be examined when the site plan application is submitted; 17. The proposed High Point Village development would result in over 83 acres of site disturbance including 15.8 acres of disturbance to slopes greater than 20 percent and 3 8.3 1 acres of upland hardwood forest. These impacts have been reduced due to the removal of the previously proposed 60,000 square-foot office building. Site disturbance has been increased to that portion of the site that does not include the previously proposed office building; 18. The project has been designed to reduce visual impacts on the adjacent properties. The change in grade from King Street to the current Hospital location helps mitigate potential visual impacts for those traveling on King Street. The senior living facility has been located in the southeastern quadrant of the site and will be screened. The building is of residential design and will be set at an angle to King Street to reduce visual impacts. There will be a buffer of at least 50 feet from the Royal Executive Park property. A buffer width of between 150 feet and 480 feet will be maintained between the development and the SUNY Purchase College Campus on the west; 17 September 23, 1997 006540 19. The PUD Zone requires that 10% of the parcel be dedicated to the Village for recreational use. Elimination of the previously proposed office building permits the Petitioner to dedicate a total of 28.88 acres, of which 21.8 acres are uplands. The dedication is appropriate and complies with the PUD requirements; 20. The project provides three (3) emergency access locations along King Street and one emergency access location on Lincoln Avenue. These provisions permit emergency access at various locations of the site. Further review of emergency access locations will be evaluated at the time of detailed site plan review; 21. The main entrance road was originally shown as being located 1,485 feet south of the Lincoln Avenue/King Street intersection. The revised plan has relocated this main entrance road to a point 850 feet south of the Lincoln Avenue/King Street entrance. This relocation requires less overall site disturbance and permits an easier transition to the Village Green Loop Road System. In addition, the relocation allows for greater offset from Sherwood Avenue; 22. The High Point Village development will add approximately 235 vehicles during the AM peak hour and 318 vehicles in the PM peak hour. The traffic mitigation measures identified by the Petitioner and described in the Draft EIS and Final EIS will provide acceptable levels of service at all relevant intersections. The Village Board notes that several intersections in the vicinity of the project already are operating at a level of Service F. These intersections will continue to operate at that level of service after development of the High Point Village project. All mitigable traffic impacts have been appropriately mitigated by the Petitioner; 23. The revised Proposal has reduced the required cuts in the Village Green area from 10-12 feet to 3-4 feet where the road systems intersect. The balance of the Village Green area will be at or close to existing grade. This revision to the plan provides for substantially less site disturbance and blasting and will achieve a balance of cut and fill on the site. Approximately 230,000 cubic yards of required cut will be eliminated by this revised Village Green Proposal; 24. The Petitioner's proposed Construction Phasing Plan provides an appropriate level of impact for development of this project. The plan indicates that no more than 20 acres will be impacted at any one time. Construction phasing will help to make the task of water quality control manageable by reducing the area of land subject to erosion at any one time. Use of Best Management Practices will further reduce construction related impacts; 25. One alternative in the plan incorporates the existing hospital building on the site; the other plan calls for the demolition of that existing building. The potential environmental impacts of both alternatives have been evaluated in the environmental review process; 26. An area known as the Driveway Refuse Area was identified during the Environmental Site Assessments and was associated with the previous use of the property. The Petitioner has proposed to remove the material and replace it with clean fill. A removal plan including 18 September 23, 1997 00�i � � FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, acting in its capacity as Lead Agency associated with the environmental review of the High Point Village Project, hereby determines that the requirements of the New York State Environmental Quality Review Act and the Regulations promulgated thereunder as Part 617 of the New York Code of Rules and Regulations have been met and the proposed action is: 1. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action to be approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects discussed in the Environmental Impact Statement; and 2. Consistent with social, economic and other considerations and to the maximum extent practicable, adverse environmental effects revealed in the Environmental Impact Statement process will be minimized or avoided by incorporation as conditions those mitigation measures identified as practicable. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. HIGH POINT VILLAGE-- OMNIBUS RESOLUTION OF APPROVAL: 0 LOCAL LAW INTRO. #7 - 197,AS AMENDED,REVISING§250 - 7 (E) OF THE "PUD" ZONE TEXT. • HIGH POINT VILLAGE-- LOCAL LAW INTRO. #8 - '97 REZONING HIGH POINT PROPERTY AS A "PUD." • HIGH POINT VILLAGE -- PUD CONCEPT PLAN. Christian Miller said that the plan would continue with the intent to incorporate the changes, including the omission of the office building and the changes in road layout. He also said the alternative plan had been incorporated into the design. He stated , "There is no longer an encroachment into the buffer and no buildings are allowed in the RPZ." Mayor Cresenzi said he did not believe there was a prohibition but rather a recommendation not to build in the RPZ. Christian Miller said that might be true but the applicant said he would not build in the RPZ. He also said that the road width was shown in the finding statement as 24 ft. but that it would be revisited. In addition, parking was shown to encroach on the senior living facility. There were also minor modifications in the Village green such as road alignments, added parking lots, and the setting of houses. I Trustee Strum asked if it could be stated that buildings be kept out of the RPZ. Christian Miller said that it would be redundant but that it wouldn't hurt. 20 September 23, 1997 006541. best management practices has been developed for excavation and off-site disposal; 27. A series of soil borings were performed at 14 separate locations throughout the Site to determine the depth to bedrock. Test hole depths ranged from 10 to 13 feet. No bedrock was encountered in any of the test hole locations; 28. Based on comments raised during the FEIS acceptance process, an alternative design was prepared for cul-de-sac 2 and cul-de-sac 3. The alternative design connected the two cul- de-sacs, providing for a circulation pattern that permits through movement and easier access by emergency and maintenance vehicles. In addition the alternative plan provides for additional open space which could be incorporated into the pedestrian circulation system; 29. The proposed internal roadway system has been reviewed by the Village's professional staff and are deemed generally adequate, however, specific details regarding roadway width, slope of intersection and other appropriate design features will be considered at the time of detailed site plan review; 30. Archaeological studies performed by consultants for the Petitioner identified three archaeological finds. One find (identified as Shovel Test 171) is located in the northwest corner of the site and will not be disturbed by the construction of the High Point project. A second find (Shovel Test 98)will be impacted by the proposed action, however, analysis of this find yielded insignificant results. A third find (the"Judge Thomas Site") was determined to have potential historic significance. The site includes a stone lined well and a depression that may represent a house or barn. These features are not located within the proposed area of disturbance and will be preserved by the Petitioner; 31. The High Point project will result in increases in sewage generation of approximately 150,000 gpd. The Westchester County Department of Environmental Facilities has indicated in its correspondence dated April 7, 1997, that the County sewer system has sufficient capacity to accommodate the proposed development. A sewage pump station will be required for the proposed development which will be designed in accordance with the Westchester County Department of Health standards and will be owned and maintained by the Village of Rye Brook. Specific funding measures by the Petitioner to the Village for such maintenance will be evaluated during detailed site plan review; 32. Existing wildlife and vegetation on the site is typical of wildlife and vegetation found in suburban residential areas. As the project site is developed some species will be displaced to similar habitats off-site. The composition of the wildlife population on the site may be altered following development, as species able to adapt to a suburban environment will become more prominent and species less tolerant of human activity may utilize the project site less. Though most upland habitat will be impacted by the proposed development, a substantial portion of the western edge of the site within the Blind Brook corridor will be preserved and is likely to function as a corridor and habitat for some wildlife. AND BE IT 19 September 23, 1997 a 543 On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION HIGH POINT VILLAGE PUD APPROVAL OF PUD CONCEPT PLAN, PUD REZONING AND ZONING TEXT AMENDMENT WHEREAS, on October 15, 1996, G& B Limited Liability Company submitted an application to the Village of Rye Brook requesting that approximately 137 acres of property on King Street, known and shown on Village tax assessment maps as Section 1, Block 3, Lots lAl-1, IA2 and 1112, be rezoned from a Campus/Office Building district (OB-1)to a Planned Unit Development (PUD) district; and WHEREAS, the verified petition, which is made by the property owner under Section 250-7(E) of the ,Rye Brook Zoning Law, includes a request for approval of a PUD Concept Plan, a Re-Zoning of the property from OB-1 to PUD, and the adoption of zoning text amendments to the PUD district regulations; and WHEREAS, the PUD process consists of two (2) sequential review and approval phases: Phase I includes the PUD Concept Plan and Rezoning, and Phase II includes Subdivision and Detailed Site Plan review; and WHEREAS, the verified petition was referred to the Planning Board pursuant to Sections 250-14 and 250-7(E) of the Rye Brook Village Zoning Law, and on April 17, 1997 and August 6, 1997, the Planning Board recommended that the Board of Trustees approve the PUD Concept Plan, and adopt the re-zoning to a PUD district together with the proposed zoning text amendments; and WHEREAS,the Board of Trustees, acting as SEQR lead agency, required the submission of a draft and final environmental impacts statement for the project, 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 action; and WHEREAS, on May 13, 1997, June 23, 1997 and August 19, 1997, the Board of Trustees conducted duly noticed public hearings on the PUD Concept Plan, the local law rezoning the property from OB-1 to PUD, and the local law prescribing the zoning text amendments, at which hearings all persons wishing to be heard were afforded an opportunity to be heard; and WHEREAS, the High Point Village PUD Concept Plan consists of the following plans: High Point Village Concept Plan, consisting of a cover sheet, Sheet 1 of 4, Sheet 2 of 4, Sheet 3 of 4 and Sheet 4 of 4, prepared by Dolph Rotfeld Engineering, P.C., dated April 23, 1997, and last revised September 17, 1997. and; 21 September 23, 1997 006544 WHEREAS, after careful consideration of the entire record, the Board of Trustees has concluded that the PUD Concept Plan, the proposed re-zoning from OB-1 to PUD, and the proposed zoning text amendment are consistent with the Village's Comprehensive Plan and the proposed PUD Concept Plan is consistent with and in furtherance of the goals of Section 250-7(E)(1) for a PUD district. NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 6 - 1997 entitled "A Local Law to amend Section 250-7(E) of the Code of the Village of Rye Brook in relation to Planned Unit Development Districts, to add senior living facilities as a permitted use and to revise buffer area and parking requirements," is enacted into law; and it is FURTHER RESOLVED, that Local Law No. 7 - 1997 entitled "A Local Law to amend the Village's zoning map to re-zone approximately 137 acres of property included in the High Point Village Concept Plan, from OB-1 Campus/Office Building District to the Planned Unit Development District, in accordance with the PUD Concept Plan" is enacted into law; and it is FURTHER RESOLVED, that the PUD Concept Plan, as described in the recitals of this Resolution, is approved, subject to all of the provisions and requirements of Section 250-7(E) of the Rye Brook Zoning Law; and it is FURTHER RESOLVED,that the subdivision and detailed site plan applications shall be filed within six (6) months of the date of adoption of this Resolution unless this time period is extended by the Board of Trustees; and it is FURTHER RESOLVED, that the draft and final environmental impact statements and findings statement is deemed to be descriptive of and part of the petition, and all statements, promises and undertakings described therein made by or on behalf of the applicant, and mitigations to be completed by the applicant, are hereby incorporated in and deemed to be conditions of this PUD Concept Plan approval, as well as to any subdivisions or site plan approved in accordance with the PUD Concept Plan, except as provided herein. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCICERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. AUTHORIZING AN EXTENSION OF THE VILLAGE'S APPROVAL OF THE SUBDIVISION APPLICATION OF ANN AND AMID CAPECI FOR 22 RIDGE BOULEVARD: On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION 22 September 23, 1997 ®® 5 CAPECI SUBDIVISION EXTENSION OF TIME REVISED PLAN RESOLVED,that the resolution adopted by the Board of Trustees on February 25, 1997, is amended to substitute the following plans as the approved plans: Preliminary Subdivision Plan, property of Amid and Ann Capeci, Village of Rye Brook and Village of Port Chester, New York, prepared by Edward J. Crothers, Licensed Surveyor, NYLS 41474, J. A. Kirby Company, Civil Engineers and Surveyors, Port Chester New York, dated May 28, 1996, last revised April 7, 1997 (one sheet); and it is FURTHER RESOLVED, that the period of time in which to complete the conditions is extended to February 25, 1998; and it is FURTHER RESOLVED, that the conditions and provisions of the resolution adopted on February 25, 1997, shall remain in full force and effect except as modified herein. 8. CONSIDERING APPROVAL OF THE ALTERNATIVE VETERAN'S EXEMPTION PROGRAM: This resolution was taken off of the agenda and held over for further review. RESOLUTION ADOPTING LOCAL LAW# 8- 1997 ALTERNATIVE VETERAN'S EXEMPTION RESOLVED,that Local Law No. 8 - 1997 increasing the Alternative Veteran's Tax Exemption under Section 458-a of the Real Property Tax Law, as amended by Chapter 477 of the Laws of 1996, is enacted into Law. 8A. MEETING DATES: The Board noted the need to change the upcoming meeting dates in October, November and December due to the holidays. The second meeting in October will be on Thursday, October 30'11, 1997 and there will be meetings on Tuesday, November 18", Tuesday, December 2nd, and Tuesday, December 16', all of which will be at 7:30p.m. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION VILLAGE BOARD OF TRUSTEES REVISED MEETING SCHEDULE RESOLVED, that the following meeting dates of the Village Board be hereby set: 23 September 23, 1997 006546 Thursday, October 30, 1997 at 7:30 p.m. Tuesday, November 18, 1997 at 7:30 p.m. Tuesday, December 2, 1997 at 7:30 p.m. Tuesday, December 16, 1997 at 7:30 p.m. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. CALLING FOR A PUBLIC HEARING ON OCT. 30, 1997, ON THE SITE PLAN APPLICATION BY CERASO: On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted as amended: RESOLUTION CALLING FOR A PUBLIC HEARING SITE PLAN APPLICATION CERASO EXXON SERVICE STATION BOWMAN AVENUE/S. RIDGE STREET RESOLVED, that the Board of Trustees will hold a public hearing on a site plan application for the Ceraso Exxon Service Station located at the Bowman Avenue/ S. Ridge Street intersection on October 30, 1997, at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 10. CALLING FOR A PUBLIC HEARING ON OCTOBER 30, 1997, ON BULK STANDARD ZONING CODE REQUIREMENTS: On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted as amended: RESOLUTION CALLING FOR A PUBLIC HEARING BULKSTANDARDS RESOLVED,that a Public Hearing shall be conducted on October 30, 1997 at 7:30 p.m. in the Village Offices at 938 King Street, Rye Brook, on a proposal to amend Bulk Standards in the various residential zoning districts in the Village of Rye Brook. 24 September 23, 1997 006547 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE REPORT: 11. ENVIRONMENTAL ASSESSMENT FORM ON FIRE HOUSE LOCATION: Christian Miller read the assessment form, the specs for the property and building, and the minor environmental impacts that would be looked at. Impacts include those on land, water, air, transportation, noise, public health, and the growth and character of the community. Trustee Strum asked about the odor created by the diesel engines. He also asked if a County planning ,agency would be involved. Christian Miller said that the County Department of Public Works would be involved. He thought it likely that they would give an advisory recommendation. Trustee Strum also asked about the impacts on public health, especially those associated with hazardous chemicals. Fire Chief William D. McCluskey said that under normal conditions there would be no hazardous materials at the site. Christian Miller said they would evaluate and revise the EAF and determine if there was enough information to make a positive or negative declaration or if they needed more information. Mayor Cresenzi said there was no further action by the Board at this time and that they should go ahead with the full environmental review. Christian Miller said that a full environmental review would occur under SEQRA. If a positive declaration was made, the scoping process would begin. A draft scope would be created and a public scoping session would occur. Mayor Cresenzi asked how long it would take to prepare a draft scope. Christian Miller said that it would take about 4-6 weeks. 12. CHECK REGISTERS: On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: 25 September 23, 1997 006549 On-Line Checks 17054 -17142 Payroll 23795 - 23889 Environmental 11 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves payment of the above-mentioned claims and authorizes payment thereof. WRITTEN COMMUNICATIONS: 13. NANCY AND KEN LEVY RE: BROOK LANE AT THE INTERSECTION OF WESTCHESTER AVENUE: Administrator Russo explained that they wanted the Board to keep closed the intersection of Brook Lane with Westchester Avenue. He said that it had been closed temporarily for two years because the State had been replacing the bridge. Nancy and Ken Levy said that because the intersection had been closed there was decreased traffic, improved security, and a dangerous left turn had been eliminated. They said this had been beneficial to the young children who lived in the neighborhood. Trustee Pellino said it was a bad idea to seal off Brook Lane because it would create a situation like that in a lot of developments which don't have multiple accesses for emergency vehicles. He said that he would consider having the Traffic Commission restrict the left hand turn there. i Mayor Cresenzi asked Ken Powell to comment on the fire lawsuit. Mayor Crescnzi said that in January 1996 the Village was sued and that a lot of money was spent on the lawsuit. He announced that a decision was made in the Village's favor. Ken Powell said the Petitioners had appealed to the Appellate division. He added that the Petitioners had requested a motion by the court again. He also said that there was no lawsuit pending because the Village had finally prevailed. Mayor Cresenzi announced the next meeting dates and the meeting was adjourned at 10:05 p.m. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk 26