2015-07-31 Certified Resolution Negative Dec for Sun HomesOn a motion made by Trustee Rednick and seconded by Trustee Heiser, the following resolution was
adopted.
RESOLUTION (REVISED 07 -28 -2015)
APPROVING A NEGATIVE DECLARATION AND ZONING TEXT AMENDMENT IN
CONNECTION WITH AN APPLICATION FOR PUD CONCEPT PLAN APPROVAL, A
ZONE CHANGE AND ZONING TEXT AMENDMENT FOR CONSTRUCTION OF A
RESIDENTIAL DEVELOPMENT OF 110 SINGLE - FAMILY DWELLING UNITS ON
PROPERTY LOCATED AT 1100 KING STREET
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, Buckingham Partners /Sun Homes (the "Applicant ") has submitted an
application (the "Application" or the "Proposed Action ") to the Board of Trustees for approval
of a Planned Unit Development ( "PUD ") Concept Plan, zone change and zoning text
amendment in connection with the proposed construction of a residential development of 110
single - family dwelling units on real property located at 1100 King Street in the Village of Rye
Brook; said property being further identified as Parcel 129.25 -1 -1 on the Town of Rye Tax Map
(the "Parcel ") and located directly behind the Reckson Executive Park in the OB -I Zoning
District; and
WHEREAS, the aforementioned Parcel is the site of a prior site plan approval, granted
by resolution of the Board of Trustees, dated August 8, 2000, for the construction of 280,000
square feet of office space, which is scheduled to expire on or about August 8, 2015; and
WHEREAS, the instant Application, once approved, shall supersede, override and
negate any and all prior land use applications with respect to the Parcel, including the above -
described site plan approval for 280,000 square feet of office space; and
WHEREAS, the instant Application for a 110 residential dwelling units constitutes
Phase I of a two -phase PUD approval process wherein PUD Concept Plan approval and PUD
zone change occur in Phase I and detailed subdivision and site plan review and approval occur
during Phase II; and
WHEREAS, the Board of Trustees and Village staff and consultants have reviewed and
considered the following plans and application materials in connection with the proposed
application:
1. Full Environmental Assessment Form Part 1 and EAF Mapper Summary
2. Traffic Impact Study by Maser Consulting, P.A., Hawthorne, N.Y., dated January 14, 2015
3. ALTA/ACSM Land Title Survey prepared by Joseph Link, Mahopac, N.Y., dated as of
January 26, 2015, signed February 9, 2015
4. Letter and Petition to the Mayor Rosenberg and the Board of Trustees prepared by Cuddy
and Feder, LLP, White Plains, N.Y. dated February 10, 2015
5. Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld
Engineering, P.C., Tarrytown, N.Y. dated March 3, 2015
6. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
dated March 9, 2015
7. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
dated March 31, 2015
8. Letter to the Chairman and Planning Board prepared by Cuddy and Feder, LLP, White
Plains, N.Y. dated May 7, 2015
9. School Aged Children, Sun Homes, Rye Brook prepared by Divney, Tung, Schwalbe, LLP,
White Plains, N.Y. no date
10. Revised Rendered Illustrative Plan, Affordable Home Plans and Elevations, illustrative plan
prepared by Divney, Tung, Schwalbe , LLP, White Plains, N.Y., no date
11. Rendered Illustrative Plan, Home Plans and Elevations, illustrative plan prepared by Divney,
Tung, Schwalbe, LLP, White Plains, N.Y., no date
12. Memorandum and Revised Traffic Impact Study, prepared by Maser Consulting, P.A.,
Hawthorne, N.Y. dated April 15, 2015
13. Letter to Chairman and Planning Board prepared by Cuddy & Feder, LLP, White Plains,
N.Y., dated May 7, 2015
14. Rye Brook Emergency Service Task Force Review Memorandum to William Null, Esq.
prepared by the Rye Brook Building and Fire Inspector, dated May 7, 2015
15. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
dated May 13, 2015
16. Memorandum to the Village Engineer, Chairman and Planning Board prepared by Dolph
Rotfeld Engineering, P.C., Tarrytown, N.Y., dated May 14, 2015
17. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
dated May 19, 2015
18. Memorandum to Planning Board and Village Planning Consultant prepared by Maser
Consulting, P.A., Hawthorne, N.Y., dated May 26, 2015
19. Letter to Chairman and Planning Board prepared by Cuddy and Feder, LLP, White Plains,
N.Y., dated May 27, 2015
20. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
dated May 29, 2015
21. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
date June 1, 2015
22. Report and Recommendation to the Board of Trustees prepared by the Rye Brook Planning
Board dated June 11, 2015
23. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc.,
dated June 16, 2015
24. Letter to Mayor and Board of Trustees prepared by Cuddy & Feder, LLP, White Plains,
N.Y., dated June 23, 2015
25. Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser Consulting
P.A., dated June 23, 2015
26. Letter to Mayor and Board of Trustees prepared by Cuddy & Feder, LLP, White Plains,
N.Y., dated July 14, 2015
27. Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser Consulting
P.A., dated July 13, 2015
28. Memorandum to Mayor Rosenberg, the Board of Trustees and Administrator Chris Bradbury
prepared by Michael Nowak, Village Engineer and Superintendent of Public Works, dated
July 27, 2015;
29. Memorandum to the Board of Trustees prepared by F.P. Clark Associates, Inc., dated July
27, 2015;
30. Letter to F.P. Clark Associates prepared by the Commissioner of the Westchester County
Planning Board, dated July 28, 2015; and
31. Engineer's Plans, prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y.:
Sheet Number Sheet Title Date
SP -0.1 Illustrative Plan Undated
SP -1.0 Conceptual Site Plan 02/09/15, revised 5/7/15,
5/13/15, 5/27/15
SP -2.0 Conceptual Grading &Utility Plan 02/09/15, revised 5/13/15
No Number Misc. site cross- sections and Undated, revised 5/13/15,
floor plans 5/27/15
and
WHEREAS, on February 24, 2015, the Board of Trustees adopted a resolution (1)
declaring the Proposed Action to be an Unlisted Action for purposes of the New York State
Environmental Quality Review Act (SEQRA) (2) directing circulation of a Notice of Intent to
declare itself Lead Agency for purposes of a coordinated review; and (3) referring the
Application to the Rye Brook Planning Board for review and a Report and Recommendation
thereon in accordance with Section 250- 7.E.(4)(a)[4] of the Village Code; and
WHEREAS, a Notice of Intent giving notice of the Board of Trustees' intent to declare
itself Lead Agency on the Application was duly circulated to all Involved Agencies on March
30, 2015; and
WHEREAS, no challenge or objection to the Board of Trustees' Notice of Intent was
received within the 30 -day period prescribed under SEQRA and said time for challenge or
objection thereto has now expired; and
WHEREAS, the Board of Trustees conducted a joint site visit with the Planning Board at
the Applicant's completed residential housing development in Darien, Connecticut on April 25,
2015; and
WHEREAS, the Rye Brook Emergency Services Task Force reviewed the instant
Application and, thereafter, issued its comments and recommendations to the Applicant by
memorandum dated May 7, 2015; and
WHEREAS, on June 11, 2015, the Planning Board approved submission of a Report and
Recommendation to the Board of Trustees containing a favorable recommendation with respect
to the Application; and
WHEREAS, the Board of Trustees adopted a resolution dated June 23, 2015, declaring
itself to be Lead Agency for purposes of a coordinated review pursuant to SEQRA and, further,
setting a public hearing on the Application for July 28, 2015; and
WHEREAS, on July 9, 2015, 2015, the Application was referred to the Westchester
County Planning Board, the Town of Harrison, New York, and the Town of Greenwich,
Connecticut, in accordance with Sections 239 -m and 239 -nn of the General Municipal Law and
the Westchester County Code; and
WHEREAS, a duly advertised public hearing was opened on July 28, 2015, at which
time all those wishing to be heard on the Application were given such opportunity; and
WHEREAS, on [July 28, 2015] the Board of Trustees received comments from the
Westchester County Planning Board and reviewed them at their July 28, 2015 public meeting;
and
WHEREAS, on July 28, 2015, the Board of Trustees reviewed Parts 2 and 3 to the Full
Environmental Assessment Form, which Parts 2 and 3 were prepared by F.P. Clark Associates,
Inc.; and
WHEREAS, the Board of Trustees separately undertook and considered each of
environmental issues identified in the Full Environmental Assessment Form, Parts 1, 2 and 3;
and
WHEREAS, the public hearing was then closed on [July 28, 2015], 2015; and
WHEREAS, the Board of Trustees is fully familiar with the site and all aspects of this
Application.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of
Trustees, after taking the requisite "hard look" in accordance with Article 8 of the State
Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the Full EAF and
all other application materials that were prepared for this Proposed Action, hereby adopts the
Negative Declaration and reasoned elaboration included as Part 3 to the Full EAF; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the annexed
local law amending the PUD zoning regulations set forth in Section 250 -7.E. of the Village
Code; and
BE IT FURTHER RESOLVED, that the Applicant shall, as part of Phase II of its
Application, demonstrate to the satisfaction of the Board of Trustees that it has developed a
feasible plan or plans for providing adequate water service to the 110 dwelling units
contemplated in the Application; and
BE IT FURTHER RESOLVED, that the Applicant shall, as part of Phase II of its
Application, obtain approval from the Town's engineering consultants for an adequate on -site
storm water management system.
TRUSTEE EPSTEIN
TRUSTEE HEISER
TRUSTEE KLEIN
TRUSTEE REDNICK
MAYOR ROSENBERG
State of New York
County of Westchester ss:
Village of Rye Brook
ABSENT
AYE
ABSENT
AYE
AYE
I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook
which was duly passed by said Board on July 28, 2015.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village of Rye Brook, this
31" day of July, 2015
QjV
Village Clerk