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2019.03.20 Planning Board Referral Resolution 1313/74/661458v2 4/3/19 -1- March 14, 2019 __APPROVED 5-0___ RESOLUTION AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY LOU LARIZZA FOR APPROVAL OF ZONING MAP AMENDMENT, 3-LOT SUBDIVISION AND SITE PLAN FOR AFFORDABLE HOUSING ON PROPERTY LOCATED AT 259 NORTH RIDGE STREET BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the attached Report and Recommendation to the Rye Brook Board of Trustees on an application by Lou Larizza for approval of a Zoning Map Amendment, 3-lot subdivision and Lot 1 Site Plan for affordable housing on real property located at 259 North Ridge Street. On a motion by Ms. Schoen, seconded by Ms. Drechsler, Mr. Michal Nowak, Village Engineer, called the roll: APPROVING THE REFERRAL RESOLUTION: Ayes: DRECHSLER, GOODMAN, GRZAN, SCHOEN, TARTAGLIA Nays: Abstain: Excused: MORLINO, ZAHL 1313/74/661458v2 4/3/19 -2- REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY LOU LARIZZA FOR APPROVAL OF ZONING MAP AMENDMENT, 3-LOT SUBDIVISION AND SITE PLAN FOR AFFORDABLE HOUSING ON PROPERTY LOCATED AT 259 NORTH RIDGE STREET I. APPLICATION OVERVIEW On September 24, 2015, Village of Rye Brook Board of Trustees (“BOT”) referred a Zoning Petition, Subdivision and Site Plan Application to the Village of Rye Brook Planning Board (“Planning Board”) for submission of a Report and Recommendation. The BOT is the Approval Authority for the Zoning Petition, Subdivision and Site Plan Application for proposed Lot 1 pursuant to Village Code §250-6.1.E(2). The Planning Board is the Approval Authority for the Wetlands and Steep Slopes Permits, and the Site Plans for the single family market rate dwellings on proposed Lots 2 and 3. The application was made by Louis Larizza, contract vendee, for approval of a petition for a zoning map amendment to rezone proposed Lot 1 from the R-15 zoning district to the Fair and Affordable Housing (FAH) zoning district, 3-lot subdivision application and site plan application for eight (8) units of affordable housing located at 259 North Ridge Street, at the intersection of West Ridge Street and North Ridge Street, designated as Parcel ID 135.35-1-11 on the Town of Rye Tax Map and located in the R-15 Zoning District and the Scenic Roads Overlay District. The Planning Board reviewed the application at its January 14, 2016, May 26, 2016 (special meeting), July 14, 2016 and September 8, 2016 meetings. Although not scheduled for a public hearing, the Planning Board entertained public comment at its May 26, 2016 and July 14, 2016 meetings. On September 8, 2016, the Planning Board adopted a Report and Recommendation which was transmitted to the Board of Trustees for its consideration. The Report and Recommendation concluded that the Planning Board could not, at that time, make a recommendation as to the rezoning of a portion of the site to the FAH District based on the then-existing Lot 1 site plan and subdivision plat, as proposed. The Planning Board noted its support for affordable housing, but opined that its comments set forth in the Report and Recommendation, particularly its comments about sight distance concerns for proposed Lot 1, must be addressed before it can render a recommendation on the rezoning. Thereafter, the Board of Trustees held a public hearing on the applications on November 8, 2016 and December 13, 2016. In November 2018, the applicant submitted revised plans in response to comments received from the Board, its consultants and the public. While the subdivision remains unchanged, the Lot 1 Site Plan was revised to reduce 1313/74/661458v2 4/3/19 -3- the number of housing units from eight (8) units as originally proposed to four (4) units located in two two-family homes. On November 8, 2018, the Board of Trustees referred the Petition for Zoning Map Amendment, Subdivision and Site Plan application to the Planning Board for Report and Recommendation. II. DISCUSSION The Planning Board reviewed the revised application at its December 13, 2018, January 10, 2019, February 14, 2019 and March 14, 2019 meetings. Although not scheduled for a public hearing, the Planning Board entertained public comment at its February 14, 2019 meeting. 1. Traffic and Site Access. Traffic Volume/Vehicle Trips. Based on the December 6, 2018 memorandum from F.P. Clark Associates (“FPCA”), the proposed development “will generate a minimal number of additional vehicle trips on North Ridge Street and in our opinion, have a minimal impact, if any, on overall traffic operations other than traffic movements at the proposed site access drives. For this reason, the measurements of ISD1 and SSD2 are important to minimize traffic conflicts and ensure adequate access considerations for the proposed driveways.” (emphasis added). Improvements to Intersection of North Ridge Street and West Ridge Drive. The December 6, 2018 memorandum from F.P. Clark Associates, Page 6, also provides the following recommendations which have not yet been addressed by the Applicant: In earlier reviews, the Village indicated a concern with the T- type intersection of North Ridge Street at West Ridge Drive. Previously this office recommended the Applicant provide pavement-marking improvements to reduce the amount of pavement area and to improve where a stopped vehicle on the eastbound approach of the West Ridge Drive at the intersection can be placed to improve sight distance looking to both north 1 “ISD” refers to Intersection Sight Distance. 2 “SSD” refers to Stopping Sight Distance. 1313/74/661458v2 4/3/19 -4- and south. It is our opinion that the Applicant should still consider and include these modifications to this intersection, as discussed in past reviews for the subject property. The final plan should incorporate all of the recommendations from our earlier transportation reviews including the flashing curve/driveway warning signs, and clearing of vegetation. We do not recommend installing a crosswalk near the site. These recommendations from the Village’s Traffic Consultant have not been addressed by the Applicant to-date. The Planning Board recommends that the Applicant revise its plans to include these recommendations from the Village’s Traffic Consultant. Sight Distance. Each of the proposed driveways must meet either Intersection Sight Distance (ISD) or Stopping Sight Distance (SSD) looking north and south. The Village’s Traffic Consultant has confirmed the following with respect to each driveway:  Lot 1: Northerly Driveway - ISD has been achieved looking north and SSD has been achieved looking south. No outstanding comments remain on this driveway.  Lot 1: Southerly Driveway – ISD has been achieved looking north, but SSD has not been adequately demonstrated to-date. SSD looking south has not been measured properly or shown properly on the plans, as per the March 8, 2019 memorandum from FPCA.  Lot 3: ISD has been achieved looking north, but SSD looking south has not been measured properly or shown properly on the plans, as per the March 8, 2019 memorandum from FPCA. Sight distance is an important issue concerning the design of the subdivision and the design of the site plans for Lot 1 and Lot 3. The outstanding sight distance issues for the proposed southerly driveway on Lot 1 looking south and the proposed driveway on Lot 3 looking south must be addressed by the Applicant. On or about March 13, 2019, the Planning Board received a large packet of accident data for North Ridge Street submitted by a member of the public. This information should be carefully analyzed by the Village’s Traffic Consultant to ensure that no further modifications to the site plans are necessary as a result. 1313/74/661458v2 4/3/19 -5- 2. Utilities. If natural gas is not the source of energy, as currently proposed, the Applicant will need to propose an alternative source of energy which may require revisions to the site plan depending on the type of alternative energy proposed. 3. Stormwater Management. The Applicant has proposed preliminary stormwater management plans which have been reviewed by the Village’s Consulting Engineer, Dolph Rotfeld Engineering, Division of AI Engineers, Inc., P.C. (“DRE”). According to a memorandum from DRE dated February 8, 2019, DRE concluded that the grading, drainage and sanitary sewer connections for the proposed 3-lot subdivision are “adequate to mitigate the effects of the development but more detail needs to be provided in the site plan application process.” The Planning Board recommends that the further refinements and modifications to the drainage plans should be reviewed carefully in consideration of the residents along Eagles Bluff to ensure the drainage plans are adequately designed to result in no net increase stormwater runoff as a result of the project. 4. Tree Preservation & Protection Plan and Planting Plan The Applicant submitted (1) a Tree Preservation and Protection Plan, dated January 29, 2019, designed by the Westchester County Planning Department, and (2) a Planting Plan, Sheet P-1, last revised December 18, 2018, designed by the Westchester County Planning Department. The Tree Preservation and Protection Plan shows a total of 83 trees to be removed from the property, plus three trees to be removed from the right-of-way. Subject to confirmation by the Village Engineer, the total number of required replacement trees is 53 pursuant to Chapter 235 of the Village Code. According to the Planting Plan, a total of 104 trees are proposed to be planted. The Village Engineer should confirm whether the proposed replacement trees meet the requirements of Chapter 235 regarding size and species. The Planting Plan provides the proposed landscaping for Lot 1. The Planting Plan is sufficient with regards to the number of trees proposed. FPCA has advised the Planning Board that the Planting Plan is an overall good plan, however, the Plan may need to be revised based on site distance needs. Once the Applicant has addressed outstanding site distance issues, the Applicant will need to confirm that the proposed plantings do not interfere with site distance. [ 1313/74/661458v2 4/3/19 -6- 5. Wetland Buffer Disturbance A Wetland Delineation and Functional Assessment prepared by Tim Miller Associates, Inc. dated October 16, 2015 indicates that the on-site wetland is too small to provide adequate habitat for wetland dependent plant and animal species, and does not provide habitat for threatened or endangered species. These conclusions are supported by the EAF Mapper Summary Report. The wetland reportedly functions at a high level to protect downstream waters from siltation and sedimentation. By letter dated January 15, 2019, Tim Miller Associates, Inc. confirmed through a site visit that the delineation performed in 2015 is still consistent with site conditions and no new delineation is warranted. The project includes wetland buffer disturbance of 0.12 acres on Lot 1 and 0.35 acres on Lot 3 which will require a Wetland Permit for each Lot to be reviewed and approved by the Planning Board. According to Chapter 245 of the Village Code, the Applicant must provide mitigation for the wetland buffer disturbance at a ratio of 2:1. It is unclear from the plans and other documentation submitted by the Applicant what is proposed in terms of mitigation and whether it meets the required 2:1 ratio. The Applicant described the mitigation on Page 5 of the EAF as “new lawn, grass, shrubs and plantings” and Sheet 1 of 5 entitled “Site Plan Grading/Layout North Ridge Street Development,” prepared by Ralph G. Mastromonaco, P.E., P.C. depicts a “Wetland Maintenance Area” of 1.16 acres. However, the Planting Plan does not show wetland mitigation plantings in this area. The Planning Board recommends review of the quantity and composition of the required wetland buffer disturbance mitigation prior to completing SEQRA. As the approval authority for the required Wetland Permits, the Planning Board would like the opportunity to provide the Board of Trustees with its recommendations as to the adequacy of the wetland mitigation prior to the conclusion of the Board of Trustees’ SEQRA review. 6. Steep Slopes The proposed plans include disturbances to steep slopes on Lot 1 and Lot 3. The design of the Lot 1 Site Plan should ensure that it causes the least disturbance practicable to regulated slopes and to the vegetation on these slopes, the creation of the least amount of new steep slopes, and limited utilization of tall or long retaining walls and/or multiple terraced retaining walls. 1313/74/661458v2 4/3/19 -7- 7. Visual Impacts & Scenic Road Overlay District The property is located in the Scenic Roads Overlay District. Pursuant to Section 250-7.F(5) the development shown on the Site Plan must be “architecturally compatible with surrounding structures and [ ] important scenic and natural features of the site will be preserved.” Further the proposed structures “shall be sited or clustered on the land in such a way as to avoid occupying or obstructing views of landscape features in the district.” The Applicant previously provided renderings of the buildings that were proposed in 2016 with a total of eight (8) units. The Applicant represented that the buildings now proposed with a total of four (4) units are smaller and therefore no further renderings should be necessary to assess visual impacts. Nonetheless, the Applicant has submitted proposed elevations of the proposed buildings on Lot 1 dated April 2018. These elevations were not signed and sealed by a licensed architect. The Applicant also recently provided a color rendering of the rear of the proposed two 2-family structures. The Applicant should clarify whether the recent color rendering accurately depicts the topographic features of the site and the proposed landscaping. Based on these renderings which show 3-story buildings from the rear, the Planning Board finds it is important that views of the structures and the proposed walls from Eagles Bluff are mitigated to the maximum extent practicable. 8. Construction Management The Applicant provided a construction task scheduled dated December 1, 2018, however, that document provides only the construction tasks and order in which they will be taken. The Applicant also submitted a Construction Management and Logistics Plan (“CML”), dated February 28, 2019, that identifies and estimates some of the impacts of construction based on the revised Lot 1 Site Plan. The CML should be expanded to address construction impacts beyond just the assembly of the modular units on-site. For example, the construction of foundations for the modular units, information regarding the importation and placement of fill, site work, construction of driveways and other related work on the Property prior to, during and after the delivery of the building units, should be addressed. 9. School-Aged Children The Applicant submitted a report from RH Consulting, White Plains N.Y. dated January 7, 2019, which provides an analysis and calculation of the number of school-aged children estimated to be generated by the project. 1313/74/661458v2 4/3/19 -8- Applying the Rutgers University Center for Urban Policy Research multipliers the Applicant estimates that the four 3-bedroom dwelling units on Lot 1 would yield 1.44 school-aged children and the two single family homes proposed for Lots 2 and 3 would yield 1.94 school-aged children for a total of 3.38 (say 4) school-aged children. Applying data from comparable developments such as Cottage Landing Phase 1 in the Rye City School District which has nine 3-bedroom affordable townhouses with eight (8) school-aged children, the estimated number of school-aged children to be generated by the four 3-bedroom dwelling units is 3.56. Adding this figure to the 1.44 school-aged children to be generated by the two single family homes would result in a total of 5 school- aged children. Using a third methodology (data from the U.S. Census American Community Survey for the Blind Brook Union Free School District), a total of 4.2 (say 5) school-aged children would be generated from the four 3-bedroom affordable units and the two single family homes. Thus, the Applicant estimates that 4-5 school-aged children would be generated by the residential development at the Property. This figure is reduced from the 7 school-aged children that were estimated to result from the original proposal. 10. Zoning Petition (R-15 to FAH) The Applicant requests the rezoning of proposed Lot 1 from the R-15 District to the Fair and Affordable Housing (FAH) District. Several waivers from the dimensional requirements of the FAH district are also requested pursuant to the FAH regulations. By approving the rezoning, more dwelling units than would otherwise be permitted under the existing zoning would be permitted on Lot 1. However, it should be noted that proposed Lot 1 is almost four times larger than the minimum lot size for the existing zoning district. A large part of the site is constrained for development purposes due to wetlands and steep slopes and would remain open space. Views of the development are likely to be most impactful from Eagles Bluff since the sloping nature of the site will result in views of 3-story dwellings from the rear of the Property. Subject to the Applicant mitigating views of the proposed development from Eagles Bluff to the maximum extent practicable, and considering the Applicant’s reduction in the scope of the project from eight units to four units and other recommendations contained in this report, the Planning Board has no objection to rezoning Proposed Lot 1 from R-15 to FAH for the development of affordable housing. III. RECOMMENDATIONS 1313/74/661458v2 4/3/19 -9- Based on the foregoing, the Planning Board hereby recommends that the Board of Trustees approve the Zoning Petition, 3-lot Subdivision and Lot 1 Site Plan Applications, subject to applicant addressing the comments set forth above to the satisfaction of the Board of Trustees. Dated: Rye Brook, New York March 14, 2019 On motion by Ms. Schoen, seconded by Ms. Drechsler, Mr. Michal Nowak, Village Engineer, called the roll: ACCEPTING THE REPORT AND RECOMMENDATION: Ayes: DRECHSLER, GOODMAN, GRZAN, SCHOEN, TARTAGLIA Nays: 0 Abstain: Excused: MORLINO, ZAHL APPROVED AT THE MARCH 14, 2019 MEETING OF THE RYE BROOK PLANNING BOARD BY A VOTE OF 5-0.