2018.01.23 Final Scope 1
900 King Street Redevelopment Final DEIS Scoping Outline 1/23/18
Introduction
The Applicant proposes to redevelop the Project Site, located at 900 King Street in the Village of
Rye Brook (the “Village”) (see Figure 1 and Figure 2). The Proposed Project would include
removal of the existing, largely vacant, office building and surface parking lot and the construction
of an age-restricted residential community consisting of approximately 160 one-, two-, and three-
bedroom units within a three- and four-story Independent Living (IL) facility in the center of the
Site; approximately 85 units of Assisted Living / Memory Care (AL) in a four-story structure in
the northeast of the Site; and 24 two- and three-bedroom residential townhouses in the western
portion of the Site (see Figure 3). All of the units would be age-restricted to residents 55 years of
age or older and 10 percent of all dwelling units would be made affordable in accordance with
Section 209-3F of the Village Code. The Site would continue to be accessed from Arbor Drive.
The Proposed Project would remove the existing underperforming commercial office building and
surface parking lot currently located on the Project Site.
To allow for the redevelopment of the Project Site, the Applicant has petitioned the Village Board
of Trustees to add a new site-specific section to the Rye Brook Zoning Code as Section 250-
7(E)(6), entitled “900 King Street Planned Unit Development.” The Proposed Zoning Amendment
would modify the existing density requirements of the Planned Unit Development (PUD)
regulations with respect to the site’s proposed senior living facilities, allow a building height of
45 feet/ 4 stories for the proposed senior living facilities, establish 55 years of age as the minimum
age for the proposed senior living facilities, and establish site-specific bulk and area requirements.
Pursuant to the rules and regulations of the State Environmental Quality Review Act (SEQRA,
Article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR
617), the Village Board of Trustees (the “Board of Trustees”), acting as Lead Agency has
determined that the Proposed Project and Proposed Zoning (together, the “Proposed Action”) have
the potential to result in one or more significant environmental impacts. To identify appropriate
measures to mitigate potential impacts, and allow the public the greatest opportunity to comment
on the potential impacts of the Proposed Action, the Board of Trustees adopted a “Positive
Declaration” on December 18, 2017 requiring the preparation of an Environmental Impact
Statement (EIS). This Scoping Document was prepared to guide in the preparation of the Draft
EIS (DEIS), and describes the Proposed Action, the approvals required for implementation of the
Proposed Action and the proposed scope of analysis for the DEIS.
Description of the Proposed Action
The Proposed Action evaluated in the DEIS includes (1) the Applicant’s petition to amend the
zoning text by adding a new site-specific section, 250-7.E (6), to the Village’s existing PUD
Zoning District regulations (the “Proposed Zoning”), and (2) the approval of the physical
redevelopment of the Project Site in accordance with the PUD Concept Plans inclusive of all State,
county and local discretionary approvals necessary for the proposed redevelopment (the
“Proposed Project”). Together, the Proposed Zoning and the Proposed Project constitute the
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“Proposed Action.” As both actions are interrelated, the potential environmental impacts of both
actions will be evaluated in the DEIS pursuant to Section 617.3(g) of the SEQRA regulations.
Proposed Zoning
On June 5, 2017, the Applicant petitioned the Board of Trustees for certain zoning amendments
to facilitate the adoption of PUD Concept Plans. Based on comments made by the Board of
Trustees, Planning Board, Village staff, and consultants, the proposed Local Law has been revised
since its original submittal (see Attachment 1 for the Applicant’s current proposed zoning). The
Proposed Zoning would:
Make “senior living facilities” the only permitted use on the Project Site;
Change the minimum age of senior living facilities from 62 years to 55 years;
Establish a site-specific density standard for the proposed “senior living facilities”;
Establish additional site-specific setback and area requirements for the Project Site;
Establish a maximum gross land coverage for the Project Site; and
Increase the maximum permitted height of senior living facilities from 35 feet to 45 feet.
Proposed Project
The Proposed Project would include removal of the existing office building and surface parking
lot and the construction of an age-restricted residential community consisting of approximately
160 one-, two-, and three-bedroom units (approximately 301 bedrooms total) within a three- and
four-story IL facility in the center of the Site; approximately 85 units of AL in a four-story
structure in the northeast portion of the Site; and, 24 two- and three-bedroom residential
townhouses (approximately 60 bedrooms total) in the western portion of the Site (see Figure 3).
All of the units would be age-restricted to residents aged 55 or older. Some of the existing
vegetation in the western portion of the Project Site, between the Project Site and The Arbors,
would remain.
The center of the Project Site would be improved with a three- and four-story IL building, with
160 age-restricted units. IL is senior housing for able-bodied, healthy seniors who can care for
themselves located in a setting that provides enhanced support and recreational services. Each IL
unit would contain a full kitchen and full bathroom. The building would have approximately 43
one-bedroom units, 93 two-bedroom units, and 24 three-bedroom units for a total of approximately
301 bedrooms. The IL building would also contain a full commercial kitchen that can provide
three meals a day. (As discussed below, this kitchen would also serve the AL building.) It is
anticipated that the IL building would provide one or more meal plans for the residents. In addition
to the formal dining room, it is anticipated that the IL building would provide an informal bistro
and/or bar. Other amenities within the IL building are likely to include an indoor fitness center,
multipurpose room (which can be used for Zumba/aerobics or cultural/movie presentations), card
rooms, and a library/computer area. There is also likely to be a small clinical space within the
building for visiting medical professionals. A personal care suite that includes hair salon,
manicure/pedicure, and/or massage therapy, may also be provided.
The IL building and the larger age-restricted community proposed for the Project Site, would
promote health and wellness. As such, the grounds around the building would have pathways for
walking within the overall landscaped Site. The rear courtyard of the IL building would contain a
terrace, as well as spaces programmed with active and passive recreation areas.
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Attached to the northeast portion of the IL building is proposed a four-story AL building with 85
units/beds. AL provides care for individuals who need help with one or more tasks of daily living,
but who do not require skilled nursing care. The AL units would not have kitchens and, therefore,
in the Applicant’s opinion do not meet the definition of a “dwelling unit” as set forth in the
Village’s Zoning Code. Some of the AL units would be reserved for “memory care,” which
provides services to those with some form of dementia. The AL building would share back-of-
house spaces with the IL building. Specifically, it is anticipated that the AL building would share
the same mechanical equipment and spaces, housekeeping, kitchen, and receiving facilities. In the
rear of the AL building would be a secure “wandering garden” in which AL residents could safely
and securely access the outdoors.
To the west of the IL building would be three clusters of four townhouse buildings, each of which
would contain two dwelling units. These 24 townhouses would be age-restricted to residents aged
55 or older. Each townhouse unit would feature a one-car garage and driveway space for at least
one car. In addition, each townhouse cluster would have four dedicated off-street parking spaces
for visitors. The townhouses would be two and two-and-a-half stories in height and would be a
mix of two- and three-bedroom units. As with the other components of the Proposed Project, it is
anticipated that these units would be rental units.
As required by §209-3.F of the Village Code, 19 dwelling units (10 percent of all dwelling units
proposed for the Project Site, which does not include the AL/Memory Care units) would be
provided as affordable units in accordance with the requirements of §250-26.1F(3)(d) of the
Village of Rye Brook Zoning Code.
The Project Site is anticipated to be owned by a single entity. There is no plan to subdivide the
Project Site. The IL, AL, and townhouse units are all anticipated to be rental units. A managing
agent and/or operator may be retained to manage and operate the Project, and that party may be
an affiliate of the owner.
Purpose and Need
The Proposed Project would return the Site to productive use for the owner and the Site’s various
property taxing jurisdictions. According to the Applicant, the Proposed Project would also serve
a market need by providing additional senior living options in the region.
Required Approvals
The Proposed Action requires the approvals listed below. The agencies responsible for those
approvals are considered “Involved Agencies” pursuant to SEQRA.
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Table 1
Required Approvals
Reviewing Agency Approval Required
Village of Rye Brook Board of Trustees
Zoning Text Amendment
PUD Concept Plan Approval
PUD Site Plan Approval
Tree Removal Permit
Village of Rye Brook Planning Board
Wetland/ Watercourse Buffer Disturbance Permit
Steep Slopes Permit
Village of Rye Brook Architectural Review Board Architectural Review Approval
Village of Rye Brook Department of Public Works MS4/ SWPPP Approval
New York State Department of Environmental
Conservation (NYSDEC) 5-acre waiver
New York State Department of Transportation
(NYSDOT) Signal retimings
New York State Division for Historic Preservation
(SHPO) Section 14.09 review
Westchester County Department of Health Water and Sewer main construction
Pursuant to Chapter 239 of the General Municipal Law and the Westchester County
Administrative code, the Proposed Zoning and Site Plan must also be referred to the Westchester
County Planning Board.
Potential Environmental Impacts
The SEQRA Determination of Significance adopted by the Board of Trustees found that the
Proposed Action, when compared to the SEQR criteria of environmental effects listed in Section
617.7 of the SEQR regulations, may have significant impacts on the environment by virtue of the
following, which potential should be assessed in a DEIS.
1. Land: The Proposed Action may have a significant adverse environmental impact as
a result of physical change to the project site.
• Construction will occur on land areas where the depth to the water table may be
less than 3 feet.
• Construction will occur on steep slopes or create approximately 2.71 acres of
slopes greater than 15%.
• Construction will continue for more than 1 year.
• There may be erosion from grading, filling, slope disturbance and removal of
vegetation, including the removal of 209 trees that are 6-inch to 34-inch DBH, of
which 131 trees are regulated by the Village Code at 10-inch DBH and greater
with 6 classified as “significant” trees. The plan would raise the grade of the
eastern half of the site by at least 2 feet to as much as 14 feet and reduce the grade
of the site adjacent to Wetland A by 3 to 8 feet. The grading plan would require
the importation of at least 9,000 cubic yards of fill.
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2. Surface Water: The Proposed Action may have a significant adverse environmental
impact on surface water quality or quantity.
• Upland erosion or run-off may cause turbidity to streams or wetlands. There is a
concern the significant grade alterations proposed may affect the hydrology and
functionality of at least two of the wetlands and streams on the lot.
• Construction may cause soil erosion or create stormwater discharge that may lead
to siltation.
• Water quality downstream or on the site may be affected.
3. Groundwater: The Proposed Action may have a significant adverse environmental
impact on groundwater quality or quantity.
• There is a potential for blasting or other forms of rock removal during
construction.
• There is a potential for dewatering and/or processing of excavated materials on
the site during construction.
4. Flooding: The Proposed Action may have a significant adverse environmental impact
on flooding.
• The project may result in or require modification of existing drainage flows or
patterns.
5. Vegetation: The Proposed Action may have a significant adverse impact on
vegetation.
• Grading and filling operations will disturb 13.17 acres of the 17.77-acre site
leaving only 4.60 acres undisturbed. 3.36 acres of the undisturbed area are
wetlands, which leaves only 1.24 acres of existing upland vegetation undisturbed
after construction.
• The layout and grading plan will require removal of at least 209 6-inch to 34-inch
DBH trees from the site. 131 of the trees removed are regulated by the Village
Code, and 6 of these trees are considered “significant” trees. The removal such a
large number of trees may cause significant adverse impacts to the existing
vegetation, the stability of soils, wetland and wetland buffers.
6. Aesthetic Resources: The Proposed Action may have a significant adverse
environmental impact on aesthetic resources.
• The project may be visible from the Hutchinson River/Merritt Parkway, a
designated scenic highway.
• The project may diminish public enjoyment of the scenic resource.
• The project may be visible from other publically accessible vantage points.
7. Transportation: The Proposed Action may have a significant adverse environmental
impact on transportation.
• The project may alter the present pattern of movement of people or goods.
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• There will be an increase in traffic volume and a change in traffic patterns during
construction. The grading plan will require the importation of at least 9,000 cubic
yards of fill that will add a substantial number of trucks to the vehicles entering
and leaving the site during construction lasting more than one year.
• The office building has been significantly underutilized for many years. The
project may significantly increase traffic levels above existing conditions.
8. Energy: The Proposed Action may have a significant adverse environmental impact
on energy.
• The project involves heating and cooling more than 100,000 square feet of
building area. The buildings proposed in the PUD concept plans have a combined
total gross floor area of approximately 445,000 sq. ft.
9. Noise: The Proposed Action may have a significant adverse environmental impact as
a result of objectionable noise.
• During and after construction the project may produce sound above typical noise
levels for nearby residences. After construction, the HVAC systems of the project
may increase noise emissions from the site.
• The project may increase noise levels at the Blind Brook High School campus
during construction.
10. Human Health: The Proposed Action may have a significant adverse environmental
impact on human health.
The project is located adjacent to the Blind Brook High School campus and
Harkness Park.
Demolition of the existing building may cause the release of hazardous materials
into the environment during construction, including but not limited to asbestos.
11. Consistency with Community Plans: The Proposed Action may have a significant
adverse environmental impact because it is inconsistent with some of the adopted
community plans.
• The project may cause the Village population to increase by more than 5%.
• The project is partially inconsistent with local land use plans. The proposed
zoning amendments increase the allowable gross floor area in the PUD from
9,000 sq. ft. to 26,000 sq. ft. per acre, and the density from 6 residential units per
acre to 10.4 independent living units plus 4.8 assisted living units per acre. While
the Village Comprehensive Plan calls for adjusting the existing density
requirement for residential uses to be less restrictive, the recommendation limits
the density adjustment to one that “maintains Rye Brook’s low-density
character.” The project is not consistent with this policy and the deviation may
create a significant adverse impact on community plans and character as a result.
• The project is inconsistent with existing residential zoning in the PUD district and
other residential districts. The proposed zoning amendments increase the
allowable gross floor area in the PUD from 9,000 sq. ft. to 26,000 sq. ft. per acre,
and the density from 6 residential units per acre to 10.4 independent living units
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plus 4.8 assisted living units per acre. The project would allow a building size and
scale that is not consistent with the other residential buildings in the Village.
• The increased allowable gross floor area and density proposed may induce
secondary residential development elsewhere in the community.
12. Consistency with Community Character: The Proposed Action may have a significant
adverse environmental impact because it is inconsistent with community character.
• The project may cause a demand for additional community services, including
but not limited to increased demand on emergency services.
• The project is inconsistent with the predominant residential architectural scale
and character of the Village. There are no large-scale, multi-family, apartment
buildings in the Village comparable to the proposed project. The project,
including the zoning amendments, may have a significant adverse impact on the
community character of the Village.
Required Elements of the DEIS
The DEIS shall contain all elements required by 6 NYCRR 617.9(b)(5)(i)-(viii).
For the purpose of addressing cumulative impacts to certain environmental impact categories, the
Village has identified the following planned or potential development projects in the study area:
The Enclave
PepsiCo Project Renew Master Plan
Trinity Presbyterian Church
Sun Homes (Phase 3 Reckson Executive Park)
Senior Learning Community at Purchase College
Where relevant, the potential environmental impacts of the Proposed Project shall be considered
cumulatively with the impacts of these projects. In addition, the Village has determined that, where
relevant, the impacts of the re-occupancy of the existing 900 King Street office building shall be
considered as having the potential to occur in the future without the Proposed Action.
Organization and Content of the DEIS
COVER SHEET AND GENERAL INFORMATION
The Cover Sheet shall identify: the name of the Proposed Action; its location; the name, address,
and phone number of the Lead Agency and the name of its contact person; the names, and
addresses of all preparers of the DEIS and the names of their contact persons; the document as a
DEIS; the Date of Acceptance of the DEIS by the Lead Agency; the date of the Public Hearing
and the opening and closing dates of the Public Comment Period.
Additional information, to be provided on pages following the Cover Sheet, shall list the name(s)
and address(es) of all consultants involved in the preparation of the DEIS reports, information and
analyses; their respective roles, the names and phone numbers of their contact persons.
The DEIS shall include a list of all Involved and Interested Agencies to which copies of the DEIS
and supporting material will be distributed.
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A Table of Contents followed by a List of Tables, a List of Figures, and a list of the contents of
the appendix of attachments shall be provided.
1. EXECUTIVE SUMMARY
1.1. INTRODUCTION, PURPOSE OF DOCUMENT
1.2. SUMMARY DESCRIPTION OF THE SITE AND ITS ENVIRONMENTAL
SETTING
1.3. SUMMARY DESCRIPTION OF THE PROPOSED ACTION
1.3.1. Proposed Zoning
Describe the existing Site zoning and the changes proposed.
1.3.2. Proposed Project
Summarize the specific PUD concept plans developed for the Site.
1.4. SUMMARY STATEMENT OF PROJECT PURPOSE AND NEED
Productive Use for Owner and Taxing Jurisdictions
Identified Uses that Minimize Traffic Generation
Maintain Landscaped Buffers around the Site, Especially to the West
Implementation of Recommendations of Comprehensive Plan
1.5. SUMMARY OF ENVIRONMENTAL IMPACTS IDENTIFIED IN EACH SUBJECT
AREA OF THE POSITIVE DECLARATION
1.6. SUMMARY OF MITIGATION MEASURES PROPOSED FOR SIGNIFICANT
ADVERSE ENVIRONMENTAL IMPACTS IDENTIFIED IN THE POSITIVE
DECLARATION
1.7. SUMMARY DESCRIPTION OF ALL ALTERNATIVES ANALYZED
1.8. LIST OF ALL APPROVALS REQUIRED
2. PROJECT DESCRIPTION
2.1. PROJECT IDENTIFICATION
The introduction should identify the document as the DEIS for the Proposed Action,
inclusive of the Proposed Project and Proposed Zoning, and should describe the location
and main programmatic elements of the Proposed Action.
2.2. PROJECT SITE
Identify and describe the current condition and environmental setting of the Project Site
in text and graphics, including the Site’s location, access, improvements, and
relationship to adjacent zoning and land uses. This section shall also describe the main
environmental setting of the Project Site, including existing vegetation, wetlands, steep
slopes, soils, geology, topography and hydrology. This section will include an existing
conditions topographic survey of the site.
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2.3. PROPOSED ZONING
Identify and describe the zoning text amendments requested, and contrast and
compare the zoning requirements proposed to the details of the PUD Concept Plans
proposed.
2.4. PROPOSED PROJECT
2.4.1. New Buildings and Uses
Describe in text and graphics the Proposed Project, including all the uses and
buildings proposed. Site plans, floor plans, elevations, building sections, and
renderings of all buildings should be included in this section. This section should also
include the gross floor area (GFA), as defined by the Village Code, of all buildings,
and the heights, exterior dimensions and first floor elevations of the buildings.
Longitudinal and transverse site sections will be provided.
2.4.2. Site Operation
Describe the proposed method of ownership and control of the Site, and the operations
of all components of the development in detail. The description will include
information regarding the operations of all accessory uses, which uses will be open to
non-residents, and other site operations required and proposed, including, but not
limited to, medical and health services, building and infrastructure maintenance,
landscape and site maintenance, transportation services, and personal services, retail
opportunities, dining, and activities for residents. Describe and quantify all staff
required for all uses, personal and transportation services, retail, dining and activities,
medical and health services, building and infrastructure maintenance, landscape and
site maintenance, and describe employee shifts, hours and days of service for all
operations and services employees on the site.
Provide monthly weekly, or daily schedules, as appropriate, and hourly arrival and
departure times for all supply and material deliveries and removals from the site for
all services and operations provided, including resident moving vans. Describe all the
vehicle types and sizes expected to perform deliveries and removals at the site during
operation of the facility. For all accessory uses and facilities describe the use structure
(i.e. private, membership based, open to the public, etc.).
2.4.3. Parking and Circulation
Describe the vehicular and pedestrian circulation of the Proposed Project. Included in
this section should be a discussion of the proposed improvements to the existing on-
Site pedestrian path and pedestrian circulation along and across Arbor Drive. Describe
and discuss the existing pedestrian/bicycle path easements in the PUD in favor of the
Blind Brook/Rye Union Free School District affecting the site that are adjacent to,
near, or across the site.
Describe and discuss the existing pedestrian/bicycle pathways and the proposed path
ways to be used by students and others within the PUD and the Proposed Project to
access the Blind Brook High School/Middle School and its facilities, and Harkness
Park. Describe and discuss the connections, pathways and pedestrian and bicycle
safety features of the PUD Concept Plan.
Quantify and describe the vehicular parking provided by the PUD Concept Plan.
Contrast and compare the number of parking spaces of the Proposed Project to the
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number of parking spaces required in the current PUD regulations and the number of
parking spaces required in the proposed zoning amendments.
2.4.4. Proposed Landscaping Plan
Describe and discuss the elements of the landscape plan for the Proposed Project,
including plantings to improve wetland buffers affected by construction and removal
of mature vegetation, plantings to protect undisturbed areas of the site for
improvement of wildlife habitat/corridors adjacent to or on the site and plantings to
screen views of the site from sensitive view points in the Arbors, along King Street
and the Hutchinson River Parkway. Discuss how the proposed landscape plan would
save water, and protect water quality through the reduced use of pesticides and
fertilizers on the site because the landscape plan incorporates Integrated Pest
Management, and the use of native plants.
2.4.5. Grading, Drainage, and Stormwater Management Plans
Describe and discuss the elements of the conceptual grading, drainage and stormwater
management plans. Describe and discuss how these plans affect the environmental
resources on the site and avoid or minimize impacts.
Discuss, in detail, the changes these plans will make to the existing topography,
drainage patterns and stormwater flow on the site. Discuss flood protection, drainage
to adjacent sites, drainage from adjacent sites, cut and fill, disturbance to steep slopes
and the creation of new steep slopes. Provide before and after steep slopes analyses
plans of the site.
2.4.6. Improvements to On-Site Water and Sewer Infrastructure
Describe and discuss the current condition of the on-site potable water and sewer
infrastructure, and the changes to these infrastructure systems included in the
Proposed Project.
2.5. PURPOSE AND NEED
Describe in detail the Applicant’s purpose and need for the Proposed Action.
2.6. REQUIRED APPROVALS
List the approvals required by Federal, State, County, and Village agencies.
3. LAND USE, PUBLIC POLICY, AND ZONING
3.1. INTRODUCTION
Summarize the land use, public policy, zoning issues, and potential impacts to be
presented and analyzed in the section, and the zoning and land uses proposed for the
site. Identify and discuss the applicable public policies to be reviewed and analyzed,
including those of New York State, Westchester County, and the Village of Rye
Brook.
3.2. ZONING AND LAND USE
3.2.1. Current Conditions
Describe the existing zoning and land uses of the Project Site and study area within
1/2-mile of the Project Site. Describe the consistency of the existing development on
the Project Site with the Village’s current PUD Zoning District. Describe the history
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of land use approvals for the Project Site. Describe all existing easements, covenants and
restrictions on the Project Site.
3.2.2. Potential Impacts of the Proposed Action
Describe the compatibility and differences of the Proposed Zoning with existing PUD
zoning on the Site and the zoning within 1/2-mile of the Project Site.
Describe the compatibility and differences of the land uses of the Proposed Zoning with
existing land uses within 1/2-mile of the Project Site.
Analyze the compatibility and differences of the Proposed Action (i.e., the Proposed
Zoning and Proposed Project) with the legislative intent and requirements of the existing
PUD zoning district and the existing development within the district, including the Arbors,
and other PUD district development in Rye Brook.
Analyze the conformance and differences of the Proposed Action (Zoning and Project)
with other existing Village zoning, land use and site plan requirements, including, but not
limited to, recreation fees, minimum setbacks, maximum building height, maximum total
impervious surface coverage, allowable gross floor area (GFA) per acre, allowable
building coverage per acre, and maximum residential units per acre.
Analyze the conformance or differences of the Proposed Action with the requirements of
the Scenic Roads Overlay District.
Identify other Rye Brook properties that might be rezoned to accept a similar senior
project, including Doral/Arrowwood Hotel, Hilton Westchester, Reckson Executive Park,
800 Westchester Avenue, and the Blind Brook Club.
3.3. PUBLIC POLICY
Analyze consistency and differences of the Proposed Action with the:
3.3.1. Village’s Comprehensive Plan
3.3.2. Village’s Affordable Housing policies
Analyze and discuss the conformance of the project with the Rye Brook affordable
housing requirements and how the AFFH units will be included and distributed in the
project. Discuss the positive impacts of these units to the project and the community.
Describe the number of units, floor areas of the units, the locations of the units and types
of units to be included.
3.3.3. Applicable Policy Documents of Westchester County
3.4. MITIGATION
Describe the zoning and project changes that would reduce or eliminate the significant
adverse impacts of the Proposed Action on zoning, public policy and land use. Describe
measures that would mitigate any impacts not reduced or eliminated.
4. GEOLOGY, SOILS, TOPOGRAPHY
4.1. INTRODUCTION
Summarize the existing conditions regarding the geology, soils and topography of the
site. Summarize the disturbance to subsurface geology, and site soils and topography
caused by the PUD Concept Plans. Summarize the potential impacts of the Proposed
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Project and how the PUD Concept Plan avoids or minimizes the impacts of the
Proposed Project. Summarize proposed measures to mitigate the impacts that are not
avoided or minimized.
4.2. EXISTING CONDITIONS
Identify the soil mapping units present on the Project Site using the Natural Resources
Conservation Service (NRCS) Soils Survey. Identify the topographical conditions on
the Project Site using a site-specific topographical survey. Categorize the steep slopes
of the Site pursuant to Chapter 213 of the Village Code. Discuss the location and
elevation of the water table and the locations where the water table elevation is at 3
feet or closer to the surface of the land. Describe the methodology and results of all
subsurface soil and geological investigations of the site. Map and discuss the geology
and soils of the site.
4.3. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Describe and discuss how the geology, soils, topography, and the depth of the water
table on the Site affect the layout, grading and construction of the PUD Concept Plan.
Describe and discuss the estimated cut/fill required for development of the Proposed
Project. Discuss elements of the PUD Concept Plans that require the importation of
an estimated 9,000 cubic yards of fill, and the disturbance of 13.17 acres of the 17.77-
acre site. Discuss how the Concept Plan avoids or minimizes the impacts of cut and
fill and the loss of mature vegetation. Describe and analyze the impacts of filling and
the loss of mature vegetation, on the Site.
Describe and discuss the proposed conceptual grading plan of the Proposed Project
and its disturbance of existing steep slopes, and creation of new steep slopes on the
site. Provide graphic analyses of the existing and proposed steep slopes. Analyze the
conformance of the Concept Plans with the requirements of Chapter 213, Steep Slopes
of the Rye Brook Code. Discuss how the Concept Plan avoids or minimizes the
impacts of disturbing and creating steep slopes.
Describe the construction of proposed subsurface structures with the subsurface
conditions of the site, including blasting and rock removal, cut and filling, on-site
processing of excavated materials, and dewatering. Based on the results of the
subsurface investigations, the elevation of the water table, the presence of subsurface
rock, and the cut and filling proposed, analyze the suitability of the Site for the
Proposed PUD Concept Plans. Describe and analyze the impacts to groundwater.
Materials processing on-site during construction will require a permit from the
Westchester County Department of Health. Describe and discuss the requirements for
the permit and any air quality monitoring required for the permit.
Identify the measures included in the Proposed Project (e.g., Erosion and Sediment
Control Plan) to minimize or eliminate the potential for adverse impacts to geology,
soils, and topography from construction of the Proposed Project.
4.4. MITIGATION MEASURES
Identify and describe measures that would mitigate any adverse impacts not
minimized or eliminated.
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5. WATERS AND WETLANDS
5.1. INTRODUCTION
Summarize the results of the existing conditions survey, and the wetlands delineations
and functional analyses. Wetland delineations will be performed in accordance with
the definition of wetlands and the delineation methodology requirements of Chapter
245 of the Rye Brook Code. Summarize the disturbance to streams, wetlands and
wetland buffers caused by the PUD Concept Plans. Summarize the potential impacts
of the Proposed Project and how the PUD Concept Plan avoids or minimizes the
impacts. Summarize proposed mitigation measures.
5.2. EXISTING CONDITIONS
Identify and describe on-Site streams, wetlands, and wetlands buffers meeting the
definitions of Chapter 245 of the Village Code.
Based on delineations and functional analyses, describe and discuss the existing
conditions of, and existing encroachments into, the streams, wetlands, and wetland
buffers on the site and near the site. ,
Discuss the existing drainage related to wetlands on neighboring properties, including
the Arbors.
5.3. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Based on delineations and functional analyses, describe and discuss the proposed
PUD Concept Plan encroachments into wetlands, streams and wetland and stream
buffers. Discuss proposed grading, drainage and stormwater management and the
effect of these on the hydrology of the wetlands and streams. Discuss and quantify
the disturbance and alterations of wetlands, and wetland and stream buffers of the
PUD Concept Plans, including grading, changes to vegetation, and loss of mature
buffer vegetation due to grading and filling. Quantify and describe proposed
impervious surface coverage and land disturbance for grading or other construction
within wetlands, and wetland and stream buffers.
Discuss the proposed drainage changes related to wetlands on neighboring properties,
including the Arbors.
Describe the direct and indirect impacts of the Proposed Project to the on-Site and
off-site wetlands, streams, and stream and wetland buffers.
5.4 MITIGATION MEASURES
Describe and discuss compliance of the PUD Concept Plans with the requirements of
Chapter 245 of the Rye Brook Code. Discuss how the Concept Plan minimizes and
avoids direct and indirect impacts to wetlands and wetlands buffers, including loss or
disturbance of buffers, and changes to the hydrology or functionality of buffers,
streams and wetlands on and off the site. Describe the proposed mitigation measures
for impacts that cannot be avoided or minimized with the requirements of Chapter
245.
Describe the permit(s) required for work in wetlands and wetland buffers and analyze
the consistency of the Proposed Project with the criteria for granting a wetland/buffer
permit as defined in Section 245-8(A) of the Village Code.
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Using the mitigation requirements for wetland buffer disturbance contained in Section
245-9 of the Village Code, calculate the amount of wetland buffer mitigation that
would be required as a result of the Proposed Project. Describe and discuss the
specific mitigation measures proposed.
6. STORMWATER MANAGEMENT
6.1. INTRODUCTION
Summarize the existing conditions, the analysis of the potential impacts of the
Proposed Project, and measures proposed to mitigate impacts resulting from the
Proposed Project.
6.2. EXISTING CONDITIONS
Identify, describe, and illustrate with one or more figures, the existing drainage
patterns on the Site and within surrounding off-Site areas located within the same
drainage basin(s), including the Village-owned properties that have an easement to
discharge stormwater to the Project Site.
6.3. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Summarize the preliminary Stormwater Pollution Prevention Plan (SWPPP) for the
Site, inclusive of the easements for Village-owned properties. Describe the green
infrastructure included in the Proposed Project and water-quality measures to be
provided.
Analyze and compare the existing and proposed conditions incorporating upstream
tributary watersheds as well as existing downstream drainage infrastructure capacity
and conditions, and the overall adequacy of the system.
Provide soil testing to determine the infiltration characteristics, groundwater
elevations and the presence of ledge rock to determine the stormwater practices that
are feasible as per the current NYSDEC Stormwater Management Design Manual
Describe the SWPPP’s compliance with Chapter 217 of the Village Code.
6.4. MITIGATION MEASURES
Describe measures, if any, which will be implemented to mitigate potentially adverse
impacts resulting from the Proposed Project that would not otherwise be mitigated
through implementation of the SWPPP.
7. VEGETATION AND WILDLIFE
7.1. INTRODUCTION
Summarize the existing conditions, the tree survey, tree preservation plan, vegetation
to be removed, and existing wildlife on the site. Summarize how the PUD Concept
Plan minimizes and avoids removal of mature trees and vegetation from the site,
preserves existing trees, and minimizes long-term effects to wildlife. Discuss short
and long-term displacement of wildlife during and after construction.
Summarize the potential impacts of the Proposed Project, and measures proposed to
mitigate impacts that cannot be avoided or minimized.
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7.2. EXISTING CONDITIONS
Identify and characterize on-Site habitat types and typical wildlife to be found.
Discuss the adjacent Hutchinson River wooded right-of-way and its potential to be a
corridor for wildlife.
Prepare a tree inventory and tree preservation plan of the Project Site that identifies
the species, location, size, and condition of regulated trees as defined and described
in Chapter 235 of the Rye Brook Village Code. Identify protected and specimen trees,
as defined in the Code. Indicate the trees to be removed and the trees to remain that
will be protected during construction.
The results of the EAF mapper for the Project Site and the IPaC report from the U.S.
Fish and Wildlife Service indicate that there are no known rare, threatened, or
endangered species, or species of special concern located within or adjacent to the
Project Site. In addition, the EAF Mapper states that no known significant natural
communities are present within or adjacent to the Project Site. No New York State-
listed or federally listed plants or animals were observed on-Site during the wetland
delineation and tree survey. No further analysis of rare, threatened, or endangered
species, or species of special concern, or significant natural communities is warranted.
7.3. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Describe changes to on-Site vegetation and habitat that would be created by the PUD
Concept Plans, and potential short-term and long-term impacts to wildlife from the
Proposed Project.
Identify impacts to on-Site surveyed trees, pursuant to Chapter 235 of Village Code
and to other vegetation on the site. Describe and discuss the long-term and short-term
impacts of vegetation and tree removal.
7.4. MITIGATION MEASURES
Describe and discuss proposed mitigation measures for long and short-term impacts
to wildlife.
Using the requirements of Chapter 235 of the Village Code, calculate the number of
trees that are required to be planted to mitigate the impacts of the Proposed Project.
Discuss the concepts and measures included in the PUD Concept Plans related to
plantings to mitigate the removal of mature trees and other vegetation. Discuss tree
sizes at planting, use of native species and species beneficial to wildlife, areas to be
naturalized and areas to be restored. Compare the number and species of trees required
to be planted to the planting program included in the Proposed Project. Generally
discuss how the mitigation plantings will be monitored and maintained post-
construction.
Describe the protective measures to be undertaken to avoid or correct impacts to on-
Site trees that are proposed to remain.
8. VISUAL RESOURCES AND COMMUNITY CHARACTER
8.1. INTRODUCTION
Summarize existing conditions survey, the existing visual resources and community
character of the site and the surrounding area. Summarize how the PUD Concept Plan
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minimizes and avoids impacts to the visual resources and community character of the
surrounding area. Summarize the potential impacts of the Proposed Project, and the
measures proposed to mitigate the visual and community character impacts of the
Proposed Project that cannot be avoided or minimized.
8.2. EXISTING CONDITIONS
Describe and document, with photographs, the existing visual resources of the Project
Site and the visual character of its existing building. Discuss the visual character of
open space on the project site and the ratio of open space to building on the 17.77-
acre site. Representative photographs of the site should be taken from the locations
shown on Figure 4.
Describe and document with photographs the current visual character of the Project
Site from the off-site vantage points shown on Figure 5, and from the beginning of
the King Street north-bound exit ramp of the Hutchinson River Parkway. Photographs
taken from of these locations must be taken during the “leaf off” condition.
Generally describe and document with photographs the visual and architectural
character, and scale of the buildings and properties in the immediate neighborhood
within 1/2-mile of the project site. Identify and discuss, generally, building types,
building heights, building scale, and provide a “figure field” graphic to show building
coverage for parcels in the immediate neighborhood within 1/2-mile of the project
site. Generally describe and characterize the mix of properties within such
neighborhood (for example, single family residential, municipal, commercial, etc.),
including those that are open space.
Describe with text and images the visual and architectural character other buildings
and developments in the Village that are of similar scale, gross floor area and height
to the buildings of the Proposed Project. The description should document the gross
floor area of the building its use, height and include relevant context, including, but
not limited to, adjacent uses, visual character when seen from public places, and the
approximate ratio of open space to building for each property.
8.3. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Describe and document, with renderings, elevations, sections and site plans, the visual
and architectural character, and scale of the all the buildings of the Proposed Project.
Identify and discuss building types, building heights, building scale, and the
approximate ratio of open space to the total proposed built area of the 17.77-acre
project site.
Prepare photo simulations that depict all the proposed buildings of the PUD Concept
Plan and the Project Site from each of the vantage points identified in Figure 5 and
from a location at the beginning of the King Street north-bound exit ramp of the
Hutchinson River Parkway in the “leaf off” condition. Describe the changes in the
views of the Project Site from each of these vantage points.
Photo simulations during the “leaf-on” conditions may also be presented, but do not
obviate the need for the leaf-off analysis.
Identify and analyze the potential impacts of the Proposed Project to the visual and
community character of the surrounding area related to the building types, building
scale, building mass, height, and the ratio of open space to the total proposed built
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area of the 17.77-acre project site. Discuss the visual impact of removal of mature
vegetation from the site and the proposed grading that raises the first floor elevation
of the largest proposed building above the current grade elevation of the site. Analyze
the visual impact of the Project from the viewpoints in Figure 5 and from a location
at the beginning of the King Street north-bound exit ramp of the Hutchinson River
Parkway. Discuss in detail how the PUD Concept Plan minimizes and avoids impacts
to the visual resources and the community character of the surrounding area.
8.4 MITIGATION MEASURES
Identify and describe the proposed measures to mitigate adverse visual and
community character impacts of the Proposed Project.
9. SOCIOECONOMIC AND FISCAL IMPACTS
9.1. INTRODUCTION
Summarize the existing conditions, summarize the proposed conditions with the
Proposed Action, and summarize the analysis of the potential impacts of the Proposed
Project and measures proposed to mitigate impacts from the Proposed Project.
9.2. EXISTING CONDITIONS
Describe the current relevant demographic characteristics of the Village based on the
information in the 2014 Rye Brook Comprehensive Plan Base Studies and the final
Comprehensive Plan report. Describe and discuss current and future population aging
trends in Rye Brook.
Identify the property taxes and fees attributable to the Project Site over the past 5
years. Document the current status of tax certiorari proceedings on the Site.
9.3. FUTURE WITHOUT THE PROPOSED PROJECT
Based on the information in the 2014 Rye Brook Comprehensive Plan Base Studies
and the final Comprehensive Plan report, describe and discuss future aging trends in
Rye Brook without the Proposed Action. Describe the other relevant demographic
trends that are expected to occur in the Future without the Proposed Project.
Qualitatively and quantitatively describe the changes in property and other taxes and
fees attributable to the Project Site that would be expected to occur in the Future
without the Proposed Project.
9.4. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Based on the future aging trends for Rye Brook, analyze the future aging trends in
Rye Brook with the Proposed Action. Identify and discuss the potential impacts on
municipal and emergency services, operations, services, equipment, manpower and
costs.
Estimate the changes in property taxes and fees attributable to the Project Site as a
result of development under the Proposed Project. Seek an estimated assessed value
from the Town of Rye Tax Assessor. For all estimated property values, provide the
methodology and calculations for the estimate.
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If an estimated assessed value is not provided by the Town, the Applicant may
estimate the assessed value based on similar comparable facilities that are identified
and that have their relevant characteristics described.
A comparable facility will, to the extent practicable, be a facility with rental units that
is similarly age-targeted, has similarly sized and configured residential units, and is a
similar mix of townhouse, independent living, and assisted living/memory care units.
Discuss the following potential fiscal impacts to the Village of the Proposed Action:
Ability of a current or future owner to seek not-for-profit or tax exempt status
for all or part of the operations and its related tax impacts.
Discuss the timing to receive full occupancy (phased construction) and the
related annual tax impacts. The applicant should evaluate the property tax and
assessment impact of the site throughout the construction period, the impact
on any reduced assessment of the site until occupied and the duration of any
reduced assessment.
Discuss if the applicant will seek IDA financing, and if so, what tax relief
would be requested? (i.e. mortgage tax, sales tax, etc.). Indicate if a PILOT
will be requested.
The applicant should more fully detail how the estimated assessment was
developed, and if the “Non-Homestead” tax rate was applied for tax payment
estimates.
In determining the estimated assessment, provide the approximate rental price
for the townhomes and the monthly rental price for the independent living
units. Describe how these prices were determined.
The applicant should provide the estimated Village revenue for “fee in lieu of
parkland”.
The applicant should evaluate the overall impact on the Rye Brook and Blind Brook
School District taxable assessment roll in terms of the impact not just on the overall
taxable assessment roll, but also the Homestead assessment roll and the Non-
Homestead assessment roll. Also, determine if this project will cause any shift in
overall Homestead Base proportions and its related impacts.
9.5 Mitigation Measures
Identify and describe measures to avoid or mitigate significant adverse socioeconomic
or fiscal impacts that may result from the Proposed Project.
10. COMMUNITY FACILITIES
10.1. INTRODUCTION
Summarize the existing conditions, the analysis of the potential impacts of the
Proposed Project, and measures proposed to mitigate impacts from the Proposed
Project.
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10.2. EMERGENCY SERVICES RESPONSE
10.2.1. Existing Conditions
Generally describe the call history of Police, Fire, and EMS to the Project Site, the
Atria, and Rye Brook for the last three (3) years based on information provided by the
relevant service providers. Include type of call and the service provided. Describe
existing staffing, budgets, equipment inventory, and services provided for the Police,
Fire and EMS Departments.
10.2.2. Future without the Proposed Project
Describe and analyze potential changes to the services provided, the number of calls
and other relevant changes to the Village’s emergency service providers that are
expected to occur in the Future without the Proposed Project based on information
provided by the Village.
10.2.3. Potential Impacts of the Proposed Project
Through consultation with the Police, Fire, and EMS departments, determine the
potential impacts of the Proposed Project to the departments as well as the ability of
the departments to respond to the Proposed Project. Discuss and quantify the potential
for an increased number of calls, different types of services, increased staffing, higher
costs, and the need for more or different equipment and vehicles.
Information regarding the call-histories of other comparable facilities in the Village
and other jurisdictions will be included in this section. A comparable facility will, to
the extent practicable, be a local facility with rental units that is similarly age-targeted,
has similarly sized and configured residential units, and is a similar mix of townhouse,
independent living, and assisted living/memory care units.
If information is not provided by the Village’s emergency service departments, the
Applicant shall use publicly available information and other information it may
collect regarding comparable facilities in similar contexts to estimate the potential
impact of the Proposed Project.
10.2.4. Mitigation Measures
Describe the measures required, if any, to mitigate significant adverse impacts of the
Proposed Project to the ability of the Village’s emergency services to respond to the
Project Site. This section shall identify and quantify the potential municipal costs that
may be incurred to serve the Proposed Project and compare these costs to the
estimated increase in taxes and fees estimated to be generated by the Proposed Project.
10.2.5. Emergency Services Access and Response
Discuss and demonstrate graphically code compliant access to all on-Site buildings
and facilities for emergency service vehicles, fire department apparatus, and
emergency service personnel. Include information showing the Proposed Project is
capable of compliance with national standards for fire-fighting and extrication
operations including ground-ladder access and roof access. Also include information
regarding elevator car size for EMS operations. The discussion will include fire
apparatus building access in compliance with IBC and IFC.
Graphic demonstration of compliance will superimpose the fire department apparatus
manufacturers’ recommended turning radii on the PUD Concept Plan. In consultation
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with fire department, identify any specialized equipment needed to facilitate
firefighting operations at the Proposed Project. Provide a list of the equipment needed
that is not currently held by the department.
Analyze the feasibility and the adequacy of the secondary access to the Project Site
for emergency vehicles as proposed on the PUD Concept Plans.
10.3. SCHOOLS
10.3.1. Existing Conditions
Based on publicly available information, and supplemented with information directly
provided by the School District, if any, describe the current capacity and yearly cost
per pupil of the Blind Brook/Rye Union Free School District (BBRUFSD).
10.3.2. Future without the Proposed Project
Based on publicly available information, and supplemented with information directly
provided by the School District, describe expected changes to student enrollment of
the School District expected to occur in the Future without the Proposed Project.
10.3.3. Potential Impacts of the Proposed Project
Evaluate the potential for school-age children to live in the Proposed Project based on
information provided by the BBRUFSD, and relevant case-study data from
comparable age-restricted projects, and/or information provided by potential
operator(s) of the Proposed Project’s senior living facilities regarding experience with
comparable facilities. A comparable facility will, to the extent practicable, be a local
facility with rental units that is similarly age-targeted, has similarly sized and
configured residential units, and is a similar mix of townhouse, independent living,
and assisted living/memory care units.
10.3.4. Mitigation Measures
Identify and describe measures, if any, needed to avoid or mitigate significant adverse
impacts on the BBRUFSD as a result of the Proposed Project.
10.4. OPEN SPACE
10.4.1. Existing Conditions
Identify and describe the parks, recreation and open spaces in proximity to the Project
Site.
Using size and design guidelines published by the New York State Office of Parks,
Recreation and Historic Preservation, describe the sufficiency of the existing public
park resources proximate to the Project Site for the existing population of the area
surrounding the Project Site.
10.4.2. Potential Impacts of the Proposed Project
Describe and locate on a figure the on-site open space and recreation areas included in
the Proposed Project.
Using size and design guidelines published by the New York State Office of Parks,
Recreation and Historic Preservation, describe the sufficiency of the proposed open
space resources to serve the needs of the population anticipated to be generated by the
Proposed Project.
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Analyze the consistency of the amount of open space and recreation areas provided by
the Proposed Project with the requirements of both Section 209-15 of the Village Code
and Section 250-7E(2)(f) of the Village Code.
Indicate the space that would be set aside for a recreation dedication and discuss the
requirement for the recreation dedication. Discuss the possibility of a “fee-in-lieu”
instead of the land dedication.
10.4.3. Mitigation Measures
Describe the measures required, if any, to mitigate significant adverse impacts of the
Proposed Project on open spaces and recreational areas.
10.5. SOLID WASTE AND RECYCLING
10.5.1. Existing Conditions
Describe the generation and collection of solid waste and recycling from the Project Site
in the current condition.
Describe existing Village solid waste and collection services.
Based on publicly available information, identify the transfer station and Westchester
County Refuse District to which solid waste is transported from the Project Site.
10.5.2. Future without the Proposed Project
Based on publicly available information and information provided by the Village, if
any, describe planned changes to Village or Westchester County solid waste and
recycling handling and disposal practices. Describe the generation and collection of
solid waste and recycling from the Project Site that could occur in a future condition in
which the existing office building was fully occupied.
10.5.3. Potential Impacts of the Proposed Project
Estimate the amount of solid waste and recycling that would be generated from the
Proposed Project using industry standard multipliers.
Identify which portions of the Project will be served by the Village’s sanitation service
for solid waste pickup, if any, and which portions of the Project will be served by a
private collection service.
Discuss the potential for food waste composting to reduce the waste stream from food
services at the Project.
Describe potential impacts to Village and Westchester County solid waste services from
the Proposed Project. Discuss the Westchester County waste management reporting
requirements for businesses of 100 or more employees,
Describe how solid waste and recycling would be stored and collected at the Project
Site with the Proposed Project. Describe how solid waste and recycling vehicles would
access and maneuver on the Project Site with the Proposed Project, including hours and
frequency of collection.
10.5.4. Mitigation Measures
Identify measures required, if any, to mitigate significant adverse impacts from the
Proposed Project’s generation of solid waste.
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10.6. SENIOR SERVICES AND RECREATION PROGRAMS
10.6.1. Existing Conditions
Based on publicly available information and information provided by the
Village, identify and describe the senior services and recreation programs
currently provided by the Village. Discuss the numbers of people served,
membership, and costs.
10.6.2. Future without the Proposed Project
Based on publicly available information and information provided by the
Village, if any, describe possible changes to the Village’s senior services and
recreation programs.
10.6.3. Potential Impacts of the Proposed Project
Evaluate how the Proposed Action will impact the senior services and recreation
programs and membership, and the costs for the services and programs. Discuss
if the Project will provide access to its facilities and services for Rye Brook
seniors and the general public.
10.6.4. Mitigation Measures
Identify measures required, if any, to mitigate significant adverse impacts on the
Village’s senior services and recreation programs resulting from the Proposed
Project.
11. INFRASTRUCTURE AND UTILITIES
11.1. INTRODUCTION
Summarize existing conditions survey, the analysis of the potential impacts of
the Proposed Project, and measures proposed to mitigate impacts from the
Proposed Project.
11.2. WATER SUPPLY
11.2.1. Existing Conditions
Describe the current usage of potable water on the Project Site.
11.2.2. Future without the Proposed Project
Using the multipliers in the 2014 NYSDEC Design Standards for Intermediate
Sized Wastewater Treatment Systems, estimate the potential potable water usage
that could occur in a future condition in which the existing office building was
fully occupied.
11.2.3. Potential Impacts of the Proposed Project
Using the multipliers in the 2014 NYSDEC Design Standards for Intermediate
Sized Wastewater Treatment Systems that account for the required low-flow
fixtures that would be installed in the Proposed Project, calculate the estimated
demand for potable water from the Proposed Project.
Calculate the incremental increase in water usage of the Proposed Project from
the existing condition and from the condition in the Future without the Proposed
Project.
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Use actual fire flow test results to determine the available capacity of the existing water
supply and an analysis of the capacity available while firefighting is occurring in the
vicinity. Discuss the potential for impacts to water quantity and pressure and the service
interruptions in Westchester District #4 that receives water supplied by Suez Water that
originates from sources in Connecticut, which can be affected by drought conditions in
that state.
Describe where the water supply system of the Proposed Project will be joined to
existing water main.
Provide a “willing to serve” letter from Suez Water.
11.2.4 Mitigation Measures
Describe measures, if any, that are required to mitigate potentially adverse impacts from
the Proposed Project.
11.3. SANITARY SEWER
11.3.1. Existing Conditions
Describe the current generation of sanitary waste from the Project Site.
11.3.2. Future without the Proposed Project
Using the multipliers in the 2014 NYSDEC Design Standards for Intermediate Sized
Wastewater Treatment Systems, estimate the potential generation of sanitary waste that
could occur in a future condition in which the existing office building was fully
occupied.
11.3.3. Potential Impacts of the Proposed Project
Using the multipliers in the 2014 NYSDEC Design Standards for Intermediate Sized
Wastewater Treatment Systems that account for the required low-flow fixtures that
would be installed in the Proposed Project, calculate the estimated generation of
sanitary waste from the Proposed Project.
Calculate the incremental increase in sanitary waste of the Proposed Project from the
existing condition and from the condition in the Future without the Proposed Project
and calculate the increase with the Proposed Project. Describe and discuss how the
Proposed Project will handle non-flushable items that enter the sewage stream to
protect downstream sewage conveyance and treatment. Discuss the potential for a new
pump station and the use of grinders.
Determine the adequacy of the existing sanitary sewer infrastructure to serve the
Proposed Project using relevant information from recently completed sewer flow
monitoring conducted by the Village’s consulting engineer, if any; and, record
drawings of the relevant portions of the sanitary main serving the Project Site. If recent
sanitary sewer flow monitoring, CCTV inspection and smoke testing information is
not available, these inspections will be performed by the Applicant in consultation with
the Village’s consulting engineer to determine the capacity and condition of the
municipal sewer system. The areas of the sanitary sewer system to be inspected and
tested will be determined in consultation with the Village.
Provide a “willing to serve” letter from WCDEF.
Describe the types of laundry services available at the Project.
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11.3.4. Mitigation Measures
Describe measures, if any, which are required to mitigate adverse impacts of
the Proposed Project on sanitary sewer service.
Discuss Inflow and Infiltration (I&I) mitigation at the rate of 3:1
recommended by Westchester County Planning. Areas of mitigation will be
identified by sanitary sewer investigations by the Applicant or through the
use of existing information supplied by the Village. Actual I&I removal by
the Applicant or the placement of funds into an account to be determined by
the Village are acceptable.
Discuss the use of techniques to prevent fats, oils and grease from entering
the sewer system.
11.4. ENERGY USAGE (ELECTRICITY AND GAS)
11.4.1. Existing Conditions
Describe the existing electricity and gas service and infrastructure, including
location and condition, of the electricity and gas infrastructures that serve the
Project Site. Describe existing electricity and gas demand.
11.4.2. Future without the Proposed Project
Using information provided by the Village and/or electric and gas service
providers, identify improvements to the electric or gas systems planned or
expected to be undertaken in the Future without the Proposed Project.
Estimate the electricity and gas demand that could occur in a future condition
in which the existing office building is fully occupied.
11.4.3. Potential Impacts of the Proposed Project
Estimate the anticipated electric and gas demand from the Proposed Project.
Based on information received from the electric and gas providers, determine
if the capacities of the electric and gas systems are adequate to meet the
projected demands of the Project.
Discuss and analyze the potential for impacts related to electricity outages of
the Consolidated Edison electric grid. Include discussion and analysis of
impacts to other areas of Rye Brook connected to the same grid (i.e. Country
Ridge, the Arbors and any others that are identified).
11.4.4. Mitigation Measures
Describe measures, if any, which will be implemented to mitigate potentially
adverse impacts from the Proposed Project.
Describe the potential use of environmental building and mechanical
equipment design technologies as part of the building design of the Proposed
Project to maximize energy efficiency and reduce greenhouse gas (GHG)
emissions.
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12. TRAFFIC AND TRANSPORTATION
12.1. INTRODUCTION
Summarize the existing conditions survey, the analysis of the potential impacts of the
Proposed Project, and measures proposed to mitigate impacts from the Proposed
Project on the traffic and transportation systems.
12.2. METHODOLOGY
Describe the methodology used to evaluate the potential impacts of the Proposed
Project on Traffic and Transportation.
12.3. EXISTING CONDITIONS
Identify and locate on the PUD Concept Plan all existing pedestrian paths and
pedestrian path easements on and around the site. Conduct pedestrian counts at
morning and afternoon peak periods of pedestrian traffic to and from the Blind Brook
High School/Middle School.
Existing traffic conditions will be documented for the weekday morning peak hours
and school arrival and weekday school dismissal and afternoon peak hours by turning
movement manual counts at the following intersections:
King Street (Route 120A) and Anderson Hill Road
King Street (Route 120A) and Hutchinson River Parkway/Merritt Parkway SB
Off Ramp
King Street (Route 120A) and N. Ridge Street (Hutchinson River
Parkway/Merritt Parkway SB On/Off Ramp)
King Street (Route 120A) and Glen Ridge Road (Hutchinson River
Parkway/Merritt Parkway NB On/Off Ramp)
King Street (Route 120A) and Hutchinson River Parkway/Merritt Parkway NB
On/Off Ramp
King Street and Arbor Drive
King Street (Route 120A) and Blind Brook Middle/High School Right Turn Entry
Driveway
King Street (Route 120A) and Glenville Street / Blind Brook Middle/High School
Arbor Drive and Existing Office / Proposed Site Driveway
King Street at Comley Avenue; and
King Street at Betsy Brown Road
Conduct capacity analysis (Level of Service) for Existing Conditions at each of the
above intersections (SYNCHRO 10 Analysis) as well as SimTraffic model.
Summarize the existing Levels of Service in tabular format and include Level of
Service, Delays, Volume/Capacity ratios, and storage/queuing analysis.
12.4. FUTURE CONDITIONS WITHOUT THE PROPOSED PROJECT (NO BUILD
CONDITIONS)
The Existing Traffic Volumes will be projected to a future design year (2025) utilizing
a background growth factor based on historical data and data from NYSDOT. In
addition, traffic from other pending or approved projects in the area, as noted earlier
in the Scope, will be estimated and added to the roadway network and combined with
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the Projected Traffic Volumes to obtain the Design Year No Build Traffic Volumes.
The No Build traffic volumes will also assume full occupancy of the existing office
building on the Project Site.
Conduct capacity analysis (Level of Service) for No Build Conditions at each of the
above intersections (SYNCHRO Analysis) as well as SimTraffic model.
Summarize the No Build Levels of Service in tabular format, as noted above.
12.5. FUTURE CONDITIONS WITH THE PROPOSED PROJECT (BUILD
CONDITIONS)
Provide information regarding the operation of the senior development regarding the
number of permanent and visiting staff, the staff shift schedules, weekly work
schedules, visiting hours at the AI/Memory care facility, and supply delivery and
refuse hauling schedules.
Identify the total number of bedrooms to be built and the demographics and age group
of the expected residents.
Describe and discuss the pedestrian circulation system proposed in the PUD Concept
Plan and connection of the internal system to the public sidewalk system. Discuss
pedestrian safety along Arbor Drive.
Discuss public transportation near the site and the potential for expansion of the public
transportation system to serve the Project. Discuss the potential transportation
services that might be provided by the facility operator to serve residents and alternate
modes of transportation such as bicycle travel.
Estimates of site generated traffic will be based on information published by the
Institute of Transportation Engineers (ITE) as contained in their report entitled Trip
Generation, 9th Edition, 2012. The Site Generated Traffic Volumes will be assigned
to the roadway network based on the anticipated arrival and departure distributions.
The Site Generated Traffic Volumes will be combined with the No Build Traffic
Volumes to obtain the Build Traffic Volumes for each of the peak hours.
Conduct capacity analysis (Level of Service) for Build Conditions at each of the above
intersections (SYNCHRO Analysis) as well as SimTraffic model.
Figures shall be prepared, including tabular formats, showing the Existing, Projected,
No Build, Site Generated, and Build Traffic Volumes for each of the peak hours.
12.6. MITIGATION MEASURES
Based on the results of the traffic analysis, identify improvements to the roadway
network, including Arbor Drive, and/or the Project site internal circulation patterns,
if any, necessitated by the Proposed Project.
Discuss the potential for the expansion of the northbound King Street exit of the
Hutchinson River Parkway to increase the queuing capacity that would require use of
an area of the 900 King Street site to alleviate queuing that currently extends into the
right lane of the parkway at peak periods.
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13. AIR QUALITY
13.1. INTRODUCTION
Summarize the key findings of the existing conditions survey, the analysis of the
potential impacts of the Proposed Project, and measures proposed to mitigate impacts
from the Proposed Project.
13.2. EXISTING CONDITIONS
Describe existing ambient air quality using information from the closest NYSDEC
Ambient Air Quality Monitoring Network stations to the Project Site.
13.3. FUTURE WITHOUT THE PROPOSED PROJECT
Qualitatively describe the relevant potential cumulative impacts to air quality from
the No Build projects included in the Traffic Impact Analysis.
13.4. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Provide information regarding use of standby backup generators at the senior
development and the potential locations of these generators.
Analyze the potential for stationary sources of air emissions (i.e., HVAC systems) to
have a significant adverse impact to air quality. For elevated sources, potential
impacts to NO2 should be qualitatively evaluated using project experience and
screening procedures outlined in the CEQR Technical Manual. For ground level and
lower elevations, impacts to NO2 and PM2.5 should be analyzed using the United
States Environmental Protection Agency’s (EPA) AERSCREEN model and should
conservatively assume that all Proposed Project emissions would exhaust from a
single stack on the top of the four-story IL building.
Analyze the potential for Project-generated mobile emission sources (e.g., Project-
generated traffic) to have an adverse impact on air quality using the procedures
outlined in NYSDOT’s The Environmental Manual (TEM).
13.5. MITIGATION MEASURES
Describe measures, if any, which are required to mitigate significant adverse impacts
to air quality.
14. NOISE
14.1. INTRODUCTION
Summarize existing conditions analysis, the analysis of the potential impacts of the
Proposed Project, and measures proposed to mitigate impacts from the Proposed
Project.
Describe the fundamental effects and characteristics of noise as they relate to the noise
analysis.
Noise levels shall be reported in A-weighted decibels (dBA) and the maximum 1-hour
equivalent sound level (Leq(1)) shall be used as the noise descriptor in the impact
evaluation.
The impacts of stationary and mobile sources of noise will be analyzed and discussed.
Impacts shall be assessed using industry standard modelling techniques.
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14.2. EXISTING CONDITIONS
Determine existing noise levels at the locations shown on Figure 6. These locations
represent the noise-sensitive land uses that would be most likely to experience noise
level increases due to the Proposed Project because of their proximity to the Site.
Existing noise levels shall be measured during the AM and PM peak traffic hours by
conducting field measurements (Leq(1)) and, where necessary, supplementing those
measurements with mathematical model results.
14.3. FUTURE WITHOUT THE PROPOSED PROJECT
At each receptor location, determine the noise levels without the Proposed Project
using existing noise levels and proportional modeling techniques. Compare existing
noise levels and future noise levels without the Proposed Project, as analyzed in the
Traffic Impact Study, with various noise standards, guidelines, and other noise
criteria.
14.4. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Provide information regarding use of standby backup generators at the senior
development and the potential locations of these generators.
Describe and discuss the schedules for sanitation services and supply deliveries with
respect to noise. Discuss the impacts of the PUD Concept Plan and the location of
loading docks, dumpsters and internal roads close to surrounding residential
properties.
At each receptor location identified above, determine the noise levels with the
Proposed Project using existing noise levels and proportional modeling techniques to
account for changes in traffic volumes due to the Proposed Project. Compare the
future noise levels with the guidelines issued by the NYSDEC, which considers a
significant adverse noise impact to occur when Project operations result in more than
6.0 dBA in ambient Leq(1) noise levels at receptor sites and produce ambient noise
levels of more than 65 dBA at residences or 79 dBA at an industrial or commercial
area.
Qualitatively analyze the potential for stationary sources of noise generation (i.e.,
HVAC systems, chillers, backup generators) and site operations (e.g., sanitation
services, supply deliveries) to have a significant adverse noise impact on nearby
sensitive receptors.
Compare the predicted noise levels at the proposed new residential uses, including
noise generated by the Hutchinson River Parkway, to generally accepted noise level
standards for residential uses.
14.5. MITIGATION MEASURES
Describe measures, if any, which are required to mitigate potentially adverse impacts
from the Proposed Project as identified in the analysis above.
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15. HAZARDOUS MATERIALS
15.1. INTRODUCTION
Summarize the existing conditions survey, the analysis of the potential impacts of the
Proposed Project, and measures proposed to mitigate impacts from the Proposed
Project.
15.2. EXISTING CONDITIONS
Discuss the methodology and performance of the Phase II Environmental Site
Assessment.
Using data compiled from recently completed Environmental Site Assessments
(Phase I and Phase II), identify potential for the presence of hazardous materials and
known locations of contamination. Discuss the types of contaminants likely to be
found on the Project Site. This should include the potential for hazardous materials to
be present within structures to be demolished, and the potential for hazardous
materials to be present in subsurface areas where new development would occur as
part of the Proposed Project.
Discuss the potential for the development of a remediation plan for the building and
the site prior to demolition.
15.3. POTENTIAL IMPACTS OF THE PROPOSED PROJECT
Identify the potential impacts of the Proposed Project with respect to hazardous
materials as a result of the Proposed Project, both during Project construction and
during the Proposed Project’s operation. Discuss medical waste that may be generated
by the health care services provided at the facility.
15.4. MITIGATION MEASURES
Identify and describe measures, required to avoid or mitigate potential significant
adverse impacts from hazardous materials that may result from the construction or
during the operation of the Proposed Project. Discuss the handling and protocols for
disposal of medical waste that may be generated by the health care services provided
at the facility.
16. CONSTRUCTION
16.1. INTRODUCTION
Summarize the major phases of construction, potential significant adverse impacts
expected to result from construction, and measures proposed to mitigate those
significant adverse impacts.
16.2. CONSTRUCTION PHASING
Generally describe the construction schedule and sequencing. Discuss the estimated
length of construction and the construction phasing for the duration of construction.
Identify preliminary construction staging areas, material stock pile areas, and areas
for construction worker parking. Discuss the potential for rock removal, blasting, and
material processing activities on-Site, and the impacts of such activities.
Describe the Westchester County Department of Health permit requirements for on-
site materials processing.
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In the event blasting, chipping, materials processing or other similar vibration-causing
activities are undertaken, describe the practices to be utilized to protect the Tennessee
Gas pipeline during construction.
Describe and discuss compliance with all applicable State, County, and Village
regulations regarding construction.
Discuss surveys of structures on and surrounding the site to determine condition
before construction and vibration monitoring during construction.
Discuss the potential for an alternate construction entrance that does not utilize Arbor
Drive.
Discuss the logistics of potentially handling the cumulative impacts of the Project
construction and scheduled construction at Blind Brook High School that may
coincide with construction of the Project.
Discuss the contents of a Construction Management and Logistics Plan that will
include a phasing plan, limits to open disturbance, construction traffic management,
truck routes, number of trucks trips anticipated for each phase, locations and
management of worker parking, location of staging areas, pedestrian and vehicle
safety procedures, erosion and sediment control, limits of construction, non-
construction traffic handling, construction site security, construction lighting, the
daily construction hours of operation, coordination with the school district regarding
minimizing impacts to the operation of the high school and middle school and impacts
to students. If warranted based on potential impacts of the Proposed Project, the
discussion will also include the contents of a worker health and safety plan, hazardous
materials handling protocols, blasting and rock removal protocols, and materials
processing practices.
Provide a detailed phasing and construction sequencing plan that includes best
management practices in each phase.
16.3. CONSTRUCTION PERIOD IMPACTS AND MITIGATION
16.3.1. Erosion and Sediment Control Plan
Summarize the Erosion and Sediment Control Plan and compliance with NYSDEC
and Village regulations.
16.3.2. Traffic and Transportation
Qualitatively and quantitatively analyze the estimated construction traffic and vehicle
trips at the following intersections:
King Street and Arbor Drive
Hutchinson River Parkway/Merritt Parkway and King Street (including
the intersection with North Ridge Street)
Glenville Road and King Street
Betsy Brown Road and King Street
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Include information regarding the types of trucks and vehicles expected and the
number of vehicles during each phase of construction, including workers’ vehicles
arriving to and leaving the site. Depending on the information provided, the number of
intersections reviewed may be revised.
Discuss the potential for structural impacts to the surrounding roads and infrastructure
due to heavy construction vehicle traffic.
Discuss traffic impacts and the mitigation for the impacts.
16.3.3. Air Quality
Qualitatively analyze the potential for temporary air quality impacts from stationery
and mobile sources, i.e., construction equipment, worker and delivery vehicles, and
fugitive dust emissions, blasting, rock removal and materials processing. Discuss how
potential air quality impacts during construction will be avoided or mitigated, including
any potential for an air quality monitoring program.
Discuss air quality impacts and the mitigation for the impacts.
16.3.4. Noise
Qualitatively analyze the potential for temporary noise impacts from each phase of
construction activity and describe the Village’s requirements and limitations on hours
of construction work in residential areas and compliance with the requirements and
limitations. Discuss mobile and stationary sources of noise, i.e., construction vehicles,
mobile heavy equipment, blasting, rock removal, materials processing.
Discuss the potential for pre-construction noise monitoring to establish a local noise
profile, for assessment of noise impacts during construction.
Discuss noise impacts and the mitigation for the impacts.
17. ALTERNATIVES
SEQRA requires a description and evaluation of a range of reasonable alternatives to the
Proposed Action that are feasible, considering the objectives and capabilities of the Applicant.
The description and evaluation of each alternative should be at a level of detail sufficient to
permit a comparative assessment of the alternatives discussed and a comparison with the
Proposed Action.
This Chapter should provide a narrative description of each alternative listed below and should
include schematic development plans for each alternative. For each alternative, this Chapter
should evaluate the potential environmental impacts of each impact category addressed in the
DEIS. If the impacts of the alternative for a given environmental impact category are expected
to be the same as the Proposed Action, a description of why should be provided. Detailed,
quantitative analyses of each environmental impact category for each alternative are not
required; rather, the level of analysis should be sufficient to characterize the relevant relative
difference in environmental impacts from the Proposed Project and the Proposed Action.
The alternatives section should include a table that includes all the attributes of each
alternative and the Proposed Action and all the relevant data analyzed, organized for ease of
comparison.
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17.1. NO ACTION
This alternative analyzes the environmental impacts of not approving the Proposed
Action. In this case, not approving the Proposed Action would result in the
Proposed Zoning not being adopted, the Proposed Project not being implemented.
This alternative will consider the existing office building as fully occupied which
may include rehabilitation and upgrades to the building for purposes of energy
efficiency, incorporation of green building practices and other amenities consistent
with current zoning and permitted as-of-right to accommodate a fully occupied
modern office building.
17.2. RESIDENTIAL (NON-AGE-RESTRICTED) DEVELOPMENT UNDER
THE EXISTING PUD REGULATIONS
This alternative develops the Project Site with residential uses in accordance with
the existing PUD regulations.
17.3. SENIOR LIVING FACILITY DEVELOPMENT UNDER THE EXISTING
PUD REGULATIONS
This alternative develops the Project Site with AL, IL, or a combination thereof,
in accordance with the existing PUD regulations.
17.4. REDUCED DENSITY PROPOSED PROJECT
This alternative develops the Project Site with a senior living facility at a density
greater than permitted by the current PUD zoning but less than the Proposed
Project. The components of the senior living facility may be similar in proportion
to those of the current project, or they may contain a different proportion of age-
restricted components.
17.5. REDUCED SIZE PROPOSED PROJECT
This alternative develops the Project Site with a senior living facility with reduced
building sizes. The building height would not be increased from 35 feet to 45 feet.
In order to maintain the proposed density, the units would be reduced in size.
17.6. SENIOR LIVING FACILITY DEVELOPMENT – PROPOSED PROJECT
(62+)
This alternative is the Proposed Project with the minimum age for residents at 62
years.
18. UNAVOIDABLE ADVERSE IMPACTS
Identify those adverse environmental impacts that cannot be avoided or adequately
mitigated if the Proposed Action is implemented.
19. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF
RESOURCES
Identify irreversible and irretrievable commitments of environmental resources that would
be associated with implementation of the Proposed Action.
20. GROWTH-INDUCING IMPACTS
Identify and analyze the growth-inducing impacts of the Proposed Action.
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21. CUMULATIVE IMPACTS
Identify and discuss the cumulative impacts of the Proposed Action by summarizing the
analysis set forth in the foregoing chapters pertaining to cumulative impacts, including
but not limited to traffic and transportation, school district impacts, and emergency
services.
For the purpose of addressing cumulative impacts to certain environmental impact
categories, the Village has identified the following planned or potential development
projects in the study area:
The Enclave
PepsiCo Project Renew Master Plan
Trinity Presbyterian Church
Sun Homes (Phase 3 Reckson Executive Park)
Senior Learning Community at Purchase College
Where relevant, the potential environmental impacts of the Proposed Project shall be
considered cumulatively with the impacts of these projects. In addition, the Village has
determined that, where relevant, the impacts of the re-occupancy of the existing 900 King
Street office building shall be considered as having the potential to occur in the future
without the Proposed Action.
Elements not Included in the DEIS
The scope of the DEIS has been drafted to exclude those environmental categories for which,
based on information available, there is no potential for significant adverse impacts. The following
environmental categories are specifically excluded from this Draft Scoping Outline based on the
following:
Cultural Resources – Based on a determination by the New York State Parks, Recreation
and Historic Preservation Office, Division for Historic Preservation that the Proposed
Project would have “no impact on archaeological and/or historic resources listed in or
eligible for the New York State and National Registers of Historic Places” provided in
correspondence to the Applicant dated September 26, 2017.
Threatened and Endangered Species – The results of the EAF mapper for the Project Site
and the IPaC report from the U.S. Fish and Wildlife Service indicate that there are no
known rare, threatened, or endangered species, or species of special concern located within
or adjacent to the Project Site. In addition, the EAF Mapper states that no known significant
natural communities are present within or adjacent to the Project Site. No New York State-
listed or federally listed plants or animals were observed on-Site during the wetland
delineation and tree survey.