2019.06.24 Keane & Beane Memo n Main Office
445 Hamilton Avenue
White Plains, NY 10601
Phone 914.946.4777
Fax 914.946.6868
n Mid-Hudson Office
200 Westage Business Center
Fishkill, NY 12524
Phone 845.896.0120
n New York City Office
505 Park Avenue
New York, NY 10022
Phone 646.794.5747
MEMORANDUM
TO: Mayor Paul Rosenberg and Members of the
Village of Rye Brook Board of Trustees
FROM: Keane & Beane, P.C.
RE: 900 King Street: pFEIS Review
DATE: June 24, 2019
The Village Board of Trustees, as Lead Agency, is in receipt of the Preliminary Final
Environmental Impact Statement (pFEIS) dated May 14, 2019, prepared by AKRF,
Inc. Pursuant to SEQRA, a FEIS must consist of the following information: (a) the
Draft Environmental Impact Statement (DEIS), including any revisions or
supplements to it, (b) copies or a summary of the substantive comments received and
their source, and (c) the Lead Agency’s response to all substantive comments.
SEQRA further provides that “[t]he Lead Agency is responsible for the adequacy and
accuracy of the final EIS, regardless of who prepares it.” The next step after
acceptance of the FEIS is preparation of the Findings Statement in which the Lead
Agency analyzes the environmental record and determines whether the project has
avoids, minimizes or mitigates the possible significant adverse environmental impacts
to the maximum extent practicable.
It is important to remember that the FEIS is the Lead Agency’s document. By
accepting the FEIS the Lead Agency is confirming the adequacy and accuracy of its
content. The Lead Agency may seek revisions to the pFEIS until it is satisfied with
the adequacy and accuracy of its content. In this regard, the pFEIS has been
reviewed by Village staff and professional consultants, including responses to the
substantive comments received on the DEIS. Comments from Village staff and
consultants have been submitted to the Board of Trustees for its review.
In addition, this office has received and reviewed the pFEIS and based on our legal
review, we offer the following comments:
1. General Comment: In the event the Board of Trustees determines to segment
the environmental review of demolition from the environmental review of the
overall redevelopment project, the pFEIS should be revised to state this
occurrence and remove items pertaining to demolition from the document.
2. Page 2-7, Section 2.3; Page 2-41, Section 2.10.3; Pages 3-71 to 3-73 (Open
Space/Parkland): The Village Code contains two relevant provisions
regarding open space and parkland. First, Section 250-7.E(2)(f) requires 10%
of a PUD site to be offered and dedicated to the Village for recreational use,
or a fee in lieu of providing such land be paid to the Village. This requirement
applies when property is established as a PUD and specifically excludes park
reservations. In that regard, Section 250-7.E(2)(f)(2) states, “Such land shall
be exclusive of and in addition to areas devoted to public street, buffer areas,
park reservations, private common space and/or utilities.”
Second, Article II of Chapter 209 regulates Recreation Fees in the context of a
site plan application. Section 209-14 requires a site plan to show a “park or
parks suitably located and usable for passive or active recreational purposes.”
In the event the approval authority determines a suitable park or parks of
adequate size cannot be located on the site or is otherwise not practical, the
approval authority may require the Applicant to submit a fee in lieu of
providing land for a park.
Here, the provisions of Section 250-7.E(2)(f) which require 10% of a PUD
site to be offered and dedicated for public use, do not apply because the PUD
is already established. However, in reviewing and acting upon the detailed site
plan for the subject site the Board of Trustees is authorized pursuant to
Article II of Chapter 209 to determine whether a suitable park or parks can be
located on the subject site, or require the Applicant to submit a fee in lieu of
providing parkland. It is within the sole discretion of the Board of Trustees to
determine whether recreation areas provided by the Applicant on the subject
site are suitable to satisfy the requirements of Section 209-14.
3. Page 2-43, Section 2.11.1, Water Supply: Address the proposed ownership and
maintenance obligations for the 8-inch watermain proposed to be installed
within the Site’s loop road.
4. Page 2-45, Section 2.11.3, Energy Usage: Add the basis for the Applicant’s
understanding as stated in the last sentence of the second paragraph within
this section. The discussion should address that in the event natural gas
service connection is not available from Con Ed an alternative energy source
may be proposed by the Applicant at that time.
5. Page 3-21, Response 26: In the third sentence, replace “the mere fact that the
Village Board may have approved our…” with “any approval of the…”.
6. Page 3-21, Response 27: In the last sentence of the second paragraph, replace
“Rye Brook schools” with “Blind Brook schools.”