2019.06.13 RB Planning Board Report and Recommendation1313/74/676551v1 6/14/19
June 13, 2019 _APPROVED 5-0___
RESOLUTION
AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO
THE RYE BROOK BOARD OF TRUSTEES ON
A SITE PLAN APPLICATION FOR A DEMOLITION PERMIT
FOR PROPERTY LOCATED AT 900 KING 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 the Site Plan
Application concerning a demolition permit for property located at 900 King Street.
BE IT FURTHER RESOLVED, that the Planning Board Chairman is hereby
authorized to finalize the attached Report and Recommendation in consultation with Village
Counsel to accurately reflect the Planning Board’s discussions at its June 13, 2019 meeting,
prior to such Report and Recommendation being forwarded to the Board of Trustees and
Village Administrator.
On motion by S.Morlino, seconded by A.Schoen, Mr. Michal Nowak, Village Engineer,
called the roll:
APPROVING THE REFERRAL RESOLUTION:
Ayes: Goodman, Morlino, Schoen, Tartaglia, Zahl
Nays:
Abstain:
Excused: Drechsler, Grzan
Recused:
1313/74/676551v1 6/14/19
REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING
BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON
A SITE PLAN APPLICATION FOR A DEMOLITION PERMIT
FOR PROPERTY LOCATED AT 900 KING STREET
I. OVERVIEW
The Rye Brook Board of Trustees is considering an application for Site Plan approval
in connection with a demolition permit application for property located at 900 King Street
designated as Section 129.68, Block 1, Lot 13 on the Town of Rye Tax Map and located in
the Planned Unit Development (PUD) and Scenic Road Overlay Zoning Districts. The
Property is currently improved with a 215,000 s.f. office building and an at-grade parking
lot containing approximately 595 parking spaces.
The Property is currently the subject of a Zoning Petition in connection with the
redevelopment of the Property with an age-restricted residential housing project including
assisted living, independent living and townhouses. The redevelopment of the Property has
been the subject of ongoing review by the Board of Trustees pursuant to the State
Environmental Quality Review Act (SEQRA) including the preparation of an
Environmental Impact Statement. Redevelopment of the Property would require, among
other things, the demolition of the existing office building.
The Applicant has applied to demolish the existing building during the summer
months while school is not is session as the Blind Brook Middle/High School neighbors the
Property. In its submission to the Board of Trustees and to the Planning Board, the
Applicant notes that during the public hearing on the DEIS concerns were raised regarding
the impact of demolition noise on the school. The Applicant submits that demolishing the
building prior to September 1 will mitigate such impacts. Thus, the Applicant has requested
that the Board of Trustees segment the review of the demolition from the review of the
redevelopment of the Property.
On June 10, 2019, the Board of Trustees adopted a resolution declaring its intent to
review and consider permissibly segmenting the environmental review of the demolition
from the environmental review of the redevelopment application for reasons set forth in that
resolution. The Board of Trustees also set a public hearing for June 27 and referred the
associated Site Plan application to the Planning Board for report and recommendation.
Because the demolition of the building will necessary involve disturbances to steep
slopes and wetland buffer Site Plan, Wetland Permit and Steep Slopes Permit applications
were submitted by the Applicant in addition to the administrative demolition permit
1313/74/676551v1 6/14/19
application under the jurisdiction of the Village Building and Fire Inspector.1 The Board of
Trustees is the approval authority for the Site Plan application pursuant to Village Code
§209-1.B(5) and the Planning Board is the approval authority for the Wetland Permit and
Steep Slopes permit pursuant to Village Code §§245-3 and 213-7.A, respectively.
II. DISCUSSION
The Planning Board discussed the application at its June 13, 2019 meeting, during
which time Village consultants and staff also provided input. As a result of its discussions,
the Planning Board has following comments:
1. All issues discussed in the Draft Environmental Impact Statement regarding
demolition including comments thereon addressing items, such as construction traffic, noise,
vibration, hazardous materials, access to Arbor Drive, protection of utilities within Arbor
Drive and emergency preparedness, should be addressed by the Applicant.
2. The Applicant should submit for review by the Board of Trustees a draft
Demolition Management and Logistics Plan in narrative form addressing items such as
noise, dust, vibration, fumes, hazardous materials, health and safety and coordination with
other agencies and interested parties, such as the Arbors Homeowners Association.
III. CONCLUSION AND RECOMMENDATION
Based on the foregoing, the Planning Board recommends that the Board of Trustees
address the comments set forth herein prior to taking action on the application.
Dated: Rye Brook, New York
June 13, 2019
On motion by A.Schoen, seconded by D.Tartaglia, Mr. Michal Nowak, Village Engineer,
called the roll:
APPROVED AT THE JUNE 13, 2019 MEETING OF THE RYE BROOK PLANNING
BOARD BY A VOTE OF 5-0
ACCEPTING THE REPORT AND RECOMMENDATION:
Ayes: Goodman, Morlino, Schoen, Tartaglia, Zahl
Nays:
1 Section 209-1.B(5) requires a site plan application for activities requiring certain permits, such as
wetland permits and steep slopes permits.
1313/74/676551v1 6/14/19
Abstain:
Excused: Drechsler, Grzan
Recused: