RESOLUTION CONSIDERING APPROVAL OF AN AMENDED SPECIAL USE PERMIT AND A SITE PLAN APPLICATION FOR 66 BOWMAN AVENUE REALTY CORP

Similar documents
October 2, Applications

TOWN OF EASTCHESTER BUILDING AND PLANNING DEPARTMENT PLANNING BOARD APPLICATION PACKAGE SUBDIVISIONS

STAFF REPORT. Director Planning, Zoning and Building Department. Longboat Key, Florida

(b) The location of principal and accessory buildings on the lot and the relationship of each structure to the other.

UPPER MOUNT BETHEL TOWNSHIP NORTHAMPTON COUNTY, PENNSYLVANIA

Zoning Board of Appeals Decisions Decisions for: Close Window

TOWN OF EASTCHESTER BUILDING AND PLANNING DEPARTMENT

ARTICLE VII. NONCONFORMITIES. Section 700. Purpose.

Moore Township Planning Commission 2491 Community Drive, Bath, Pennsylvania Telephone: FAX: Rev:12/23/2013

TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road Armonk, New York

Village of Cazenovia Zoning Board of Appeals August 12, 2014

Town of Minden Subdivision Application

COMMUNITY DEVELOPMENT DEPARTMENT 333 Broadalbin Street SW, P.O. Box 490 Albany, OR 97321

SUBDIVISION APPLICATION

ARTICLE 7 R-1 ONE FAMILY RESIDENTIAL DISTRICT

MEMORANDUM. DATE: April 6, 2017 TO: Zoning Hearing Board Jackie and Jake Collas. FROM: John R. Weller, AICP, Zoning Officer

BRIDGETON SUBDIVISION APPLICATION CHECKLIST

BOROUGH OF PARK RIDGE ZONING BOARD AUGUST 21, 2018 REGULAR MEETING MINUTES

CHAPTER XVIII SITE PLAN REVIEW

Town of Lake George. Area Variance Review Application

ZONING BOARD OF ADJUSTMENT BOROUGH OF MOUNTAIN LAKES, NEW JERSEY. CHECKLIST Section 40-22

City of Midland Application for Site Plan Review

Attached is a Clinton Township Zoning Permit Application and requirements for issuance of a permit.

RESOLUTION NO

TOWN OF LAKE LURE LAND DISTURBANCE PERMIT (LESS THAN 1 ACRE) Permit Fee Permit No. LDP- (see Fee Schedule below) Approved:

SITE PLAN REVIEW PROCEDURES SECTION DEVELOPMENTS REQUIRING SITE PLAN APPROVAL

Special Use Permit - Planned Unit Development Checklist. Property Address:

VILLAGE OF PORT CHESTER ZONING BOARD OF APPEALS AGENDA October 17, Case # (Public Hearing for this matter is closed)

TOWN OF CONCORD Planning Board 141 Keyes Road - Concord, MA Phone:

A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

DEVELOPMENT PLAN ORDINANCE

E X C L U S I V E L I S T I N G R E T A I L S T R I P

City of East Orange. Department of Policy, Planning and Development LAND USE APPLICATION & SITE PLAN REVIEW CHECKLIST

Understanding the Conditional Use Process

VILLAGE OF WILMETTE Grading and Tree Protection Notice Forms

ARTICLE 12 PROCEDURES AND STANDARDS

E L M E R B O R O U G H L A N D U S E B O A R D APPLICATION COVER SHEET (to be completed for all applications and appeals)

Town of Ontario Zoning Board of Appeals Minutes September 13, 2017

4. Building plans should include top of foundation elevation

Introduction. Background DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES. Planning Division. m e m o r a n d u m TO: The Urbana Zoning Board of Appeals

Project File #: VA Project Name: Beauperthuy Variance Parcel Nos.: , , , ,

PLANNING AND ZONING COMMISSION

Chapter 21 MOBILE HOME PARK REGULATIONS.

ARTICLE 24 SITE PLAN REVIEW

AAAA. Planning and Zoning Staff Report Lake Shore Land Holdings, LLC CU-PH Analysis

Block 130, Lot 4 on the Tax Map

Town of Scarborough, Maine

I. Requirements for All Applications. C D W

CITY PLAN COMMISSION STAFF REPORT

AN ORDINANCE OF THE CITY OF MINNEAPOLIS. By Palmisano

Zoning Board of Appeals

MARK BELLMAWR, LLC - # RESOLUTION

CHAPTER 3 PERMITS, PLANS AND ANNEXATION

ARLINGTON COUNTY, VIRGINIA

Community Development

ARTICLE 15 - PLANNED UNIT DEVELOPMENT

SECTION 10.7 R-PUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) ZONE

PLANNING DIVISION DEPARTMENT OF COMMUNITY AND NEIGHBORHOODS. Conditional Use

555 CHESTERFIELD DRIVE 14-ZB-19V PISCATAWAY, NJ 08854

R4 (SUBURBAN APARTMENT)

DU PAGE COUNTY ZONING BOARD OF APPEALS JACK T. KNUEPFER ADMINISTRATION BUILDING 421 NORTH COUNTY FARM ROAD, WHEATON, ILLINOIS 60187/

SECTION 3.1 Zoning Permit Required for Construction, Land Use and Development.

ZONING ORDINANCE: OPEN SPACE COMMUNITY. Hamburg Township, MI

BOROUGH OF PARK RIDGE ZONING BOARD SEPTEMBER 17, 2018 REGULAR MEETING MINUTES

An application to the Zoning Board of Appeals is not complete and will not be scheduled until all of the following information has been provided:

SUBDIVISION AND / OR LAND DEVELOPMENT SUBMITTAL REQUIREMENTS

Salem Township Zoning Ordinance Page 50-1 ARTICLE 50.0: PUD PLANNED UNIT DEVELOPMENT

CHARTER TOWNSHIP OF GRAND RAPIDS COUNTY OF KENT, MICHIGAN. At a regular meeting of the Township Board of the Charter Township of Grand Rapids, held

TOWNSHIP OF WHITE PLANNING BOARD COUNTY OF WARREN, STATE OF NEW JERSEY

LAGRANGE TOWNSHIP BOARD OF ZONING APPEALS REQUEST FOR HOME OCCUPATION/CONDITIONAL PERMIT NEW

Township of Collier 2418 Hilltop Road Presto, PA 15142

GENOA TOWNSHIP BOARD OF ZONING APPEALS MEETING MINUTES

Planned Residential Development Zone

Village of Glenview Zoning Board of Appeals

ARTICLE Nonconformities

TOWN OF WEST WARWICK 1170 MAIN STREET, WEST WARWICK, RI WEST WARWICK, RI PLANNING BOARD MONDAY, DECEMBER 03, :00 PM AGENDA

O-I (Office-Institutional) and AG-1(Agricultural)

a. To insure compatible relationships between land use activities;

TOWN OF FARMINGTON ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS AND DECISION

TOWN OF WATERVILLE VALLEY NEW HAMPSHIRE SITE PLAN REVIEW REGULATIONS

ARTICLE 7: PLOT PLANS AND SITE PLAN REQUIREMENTS AND REVIEW

Planning Director Boise City Planning and Development Services Department. CUP (Adoption of Findings & Revised Conditions of Approval)

Zoning Board of Appeals Decisions Decisions for: Close Window

DEVELOPMENT DEPARTMENT STAFF REPORT DRESDEN HEIGHTS PHASE II DCI

DO NOT START CONSTRUCTION UNTIL A PERMIT HAS BEEN ISSUED BY THE BUILDING INSPECTOR

(a) Commercial uses on Laurel Avenue, abutting the TRO District to the

Application for Sketch Plan Review

ZONING HEARING BOARD OF WARWICK TOWNSHIP BUCKS COUNTY, PENNSYLVANIA

VILLAGE OF DOWNERS GROVE PLAN COMMISSION VILLAGE HALL COUNCIL CHAMBERS 801 BURLINGTON AVENUE. June 2, :00 p.m. AGENDA

DIVISION 7. R-6 AND R-6A RESIDENTIAL ZONES* The purpose of the R-6 residential zone is:

(EXHIBIT A) APPLICATION FOR VARIANCE

4-1 TITLE 6 MOBILE HOME AND RECREATIONAL VEHICLE PARKS 4-3

GENERAL PLANNING APPLICATION FORM

Zoning Board of Appeals

TOWNSHIP OF ALGOMA. County, Michigan, held in the Algoma Township Hall, Algoma Avenue, N.E., within

APPLICATION FOR 555 Washington Street Tentative Map Red Bluff, CA Subdivision Map (530) ext Parcel Map.

TOWN OF SKANEATELES ZONING BOARD OF APPEALS MEETING MINUTES OF. July 10, 2018

COUNTY OF SAN MATEO PLANNING AND BUILDING DEPARTMENT

ADMINISTRATIVE SITE PLAN REVIEW

II. What Type of Development Requires Site Plan Review? There are five situations where a site plan review is required:

Transcription:

RESOLUTION March 21, 2013 1 CONSIDERING APPROVAL OF AN AMENDED SPECIAL USE PERMIT AND A SITE PLAN APPLICATION FOR 66 BOWMAN AVENUE REALTY CORP WHEREAS, 66 Bowman Avenue Realty Corp. ( Applicant ) has made an application to the Village of Rye Brook for approval of an amendment to a Special Use Permit and Site Plan to legalize existing offices and site plan modifications on property located in the R-2F Zoning District at 66 Bowman Avenue, Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Assessor s Map; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Site Plan Application 2. Exterior Building Permit Application 3. Short Environmental Assessment Form 4. Topographical Survey, Sheet T-1, dated June 14, 2011, revised July 15, 2011 prepared by Ahneman Kirby, LLC, Riverside, C.T. 5. Revised Notice of Disapproval dated February 2, 2012 from the Village of Rye Brook Building and Fire Inspector 6. Parking and Traffic Study dated April 30, 2012 prepared by Tim Miller Associates, Cold Spring, N.Y. 7. Letter to the Rye Brook Superintendent of Public Works/Village Engineer dated July 24, 2012 from Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry, N.Y. 8. Letter to the Rye Brook Superintendent of Public Works/Village Engineer dated June 26, 2012 from Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry, N.Y. 9. Dry Well Calculations, dated June 26, 2012 prepared by Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry, N.Y. 10. Letter to the Rye Brook Superintendent of Public Works/Village Engineer dated September 20, 2011 from Ahneman Kirby, LLC, Riverside, C.T. 11. Letter to the Rye Brook Building and Fire Inspector dated July 28, 2011 from Paul J. Noto, Esq. 12. Memorandum to the Village Engineer dated December 12, 2012 from Dolph Rotfeld Engineering, P.C. 13. Memorandum to the Village Engineer dated August 2, 2012 from Dolph Rotfeld Engineering, P.C. 14. Memorandum to the Village Engineer dated July 11, 2012 from Dolph Rotfeld Engineering, P.C. 15. Memorandum to the Planning Board from the Superintendent of Public Works/Village Engineer dated April 12, 2012 1313/08/428650V2 3/15/13

16. Memoranda to the Planning Board from F.P. Clark Associates dated April 5, 2012, July 9, 2012, August 2, 2012 and January 31, 2013. 17. Drainage Improvement Plan, Sheet 1of 1, dated June 22, 2012 revised 7/17/12, prepared by Paul J. Petretti, Civil Engineer and Land Surveyor, Dobbs Ferry, N.Y. 18. Architect s Plans, prepared by Contadino Architects AIA, Cos Cob, C.T.: Sheet Number Sheet Title Dated SP Plan 7/15/11 rev. 8/29/12 SP-1 Site Plan 7/15/11 rev. 12/15/11 SP-2 Site Plan Dated 9/24/98 11/4/11 SP-3 Plan No Date rev. 12/13/11 SP-4 Existing Planting Plan No Date rev. 6/25/12 P1 Proposed Photometric Plan 8/23/12 WHEREAS, on November 22, 2011 the Board of Trustees of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determined the proposed action to be an Unlisted Action with uncoordinated review; and WHEREAS, on November 22, 2011 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation and to the Village of Rye Brook Zoning Board of Appeals ( ZBA ) for consideration of any necessary variances; and WHEREAS, On March 6, 2012, the ZBA exercised its authority pursuant to Section 250-13(G)(5)(a) of the Village Code to refer the application to the Planning Board to seek input with respect to planning considerations relevant to the Applicant s request for variances from the maximum impervious surface coverage limitation and the minimum offstreet parking space requirement; and WHEREAS, On December 13, 2012, the Planning Board referred the application back to the ZBA by resolution setting forth its planning considerations; and WHEREAS, on January 15, 2013 the Zoning Board of Appeals granted a variance from the maximum impervious surface coverage requirement and granted a variance from the minimum off-street parking space requirement; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated February 14, 2013; and WHEREAS, on February 22, 2013 the application was referred to the Westchester County Planning Board for notification purposes pursuant to New York State General Municipal Law and the Westchester County Administrative Code; and 1313/08/428650V2 3/15/13

WHEREAS, on March 21, 2103, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on, 2013; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application; and WHEREAS, the Board of Trustees has considered the special permit standards set forth at Village Code 250-6(H)(1)(c)(1), 250-6(H)(1)(c)(2), and 250-25(C)(3); and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds with respect to the special permit standards set forth at Village Code 250-6(H)(1)(c)(1), that the proposed use of the premises for as a risk management business is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts; and BE IT FURTHER RESOLVED, that with respect to the special permit standards set forth at Village Code 250-6(H)(1)(c)(2) and 250-25(C)(3) the Board of Trustees hereby finds: 1. The location and use of the premises as professional office space for a risk management business with 17 employees, and the nature and intensity of the operations involved in or conducted in connection with it and its relation to streets giving access to it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood. 2. The location, nature and height of buildings, walls and fences and the nature and extent of landscaping on the site will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. 3. The proposed use provides off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use, as demonstrated by (i) the Parking Demand Study performed by the Applicant and reviewed by the Village s 1313/08/428650V2 3/15/13

Planning Consultant and (ii) the granting of an off-street parking variance by the Zoning Board of Appeals. Further, the parking area is suitably screened from adjoining residential uses, and entrance and exit drives are laid out so as to prevent traffic hazards and nuisances. BE IT FURTHER RESOLVED, that the Board of Trustees hereby [approves/denies] a special permit as referenced herein authorizing use of the premises as professional office space for a risk management business, subject to the following conditions: 1. The Special Permit is for a risk management business only. Any change of use to a different professional use, in whole or in part, shall require an amendment to this Special Permit. 2. The maximum number of persons who may be employed in the risk management business at this premises shall be 17 persons. The maximum number of professional persons that may occupy the premises shall be two (2) professional persons. 3. The owner of the property shall submit to the Village annually, on or before January 10 of each year, demonstration of compliance with the conditions of the Special Permit. Demonstration shall consist of an affidavit including a list of the conditions of the special permit and a description of how the site or use conforms to such conditions. BE IT FURTHER RESOLVED, that the Board of Trustees hereby [approves/denies] the site plan referenced herein for professional office space for a risk management business. BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. 1313/08/428650V2 3/15/13

February 14, 2012 APPROVED 5-0 RESOLUTION AUTHORIZING SUBMISSION OF REPORT AND RECOMMENDATIONS TO THE BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SPECIAL PERMIT AND SITE PLAN FOR 66 BOWMAN AVENUE REALTY CORP. AT PROPERTY LOCATED AT 66 BOWMAN AVENUE BE IT RESOLVED, that the Planning Board of the Village of Rye Brook adopts the attached Report and Recommendation to the Village of Rye Brook Board of Trustees on the application for approval of an amended special permit and site plan for 66 Bowman Avenue Realty Corp. and requests the Secretary to the Planning Board forward a copy of the Report to the Board of Trustees and the Village Administrator. -1-

PLANNING BOARD OF THE VILLAGE OF RYE BROOK REPORT AND RECOMMENDATIONS TO THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES ON THE APPLICATION FOR APPROVAL OF AN AMENDED SPECIAL PERMIT AND SITE PLAN FOR 66 BOWMAN AVENUE REALTY CORP. AT PROPERTY LOCATED AT 66 BOWMAN AVENUE I. PROJECT OVERVIEW On November 22, 2011, the Village of Rye Brook Board of Trustees ( BOT ) referred an application for approval of an Amended Special Permit and Site Plan to the Village of Rye Brook Zoning Board of Appeals ( ZBA ) for a review of the requested variances, and to the Village of Rye Brook Planning Board ( Planning Board ) for consideration of a Report and Recommendation, upon the condition that the ZBA act on the variances prior to the Planning Board s consideration of a Report and Recommendation. The ZBA was required to determine the variances prior to the Planning Board s Report and Recommendation due to the Applicant s request for a use variance. (See, Village Code 179-12(B) and 250-13(G)(5)(c)). The Board of Trustees is the approval authority for this application pursuant to Sections 209-1(A)(1) and 250-6(H)(1)(c) of the Village Code. The application was made by property owner, 66 Bowman Avenue Realty Corp. ( Applicant ) to modify an existing Special Permit to increase the number of employees operating from the site from seven (7) to seventeen (17); install new site features including a fenced area of lawn and new plantings in the side yard, retaining wall, perimeter fencing, additional paved area for parking, night lighting, and landscape plantings; and legalize existing site features including four (4) additional parking spaces for a total of twelve (12) spaces, patio and water feature in the rear yard south of the parking area, retaining wall located partially on the adjacent property to the west according to the survey provided, and -2-

removal of screen plantings to the north of the parking lot, on property located at 66 Bowman Avenue and designated as Section 141.27, Block 1, Lot 24 on the Town of Rye Tax Map ( Property ). The Property is located in the R-2F Zoning District. I. PROCEDURAL HISTORY Since the BOT s referral of the application to the ZBA and the Planning Board, several variances have been eliminated from the application through plan revisions and additional information submitted to the Building Inspector, including information regarding the qualifications of the employees operating from the premises. As a result, the Building Inspector determined only one (1) professional person is operating from the premises and the remainder of the individuals are non-professional employees and therefore, a use variance is no longer required. On March 6, 2012, the ZBA exercised its authority pursuant to Section 250-13(G)(5)(a) of the Village Code to refer the application to the Planning Board to seek input with respect to planning considerations relevant to the Applicant s request for variances from the maximum impervious surface coverage limitation and the minimum off-street parking space requirement. On December 13, 2012, the Planning Board referred the application back to the ZBA by resolution setting forth the following planning considerations: 1. Parking. The Planning Board requested that the Applicant perform a Parking Demand Study to determine whether the twelve (12) proposed off-street parking spaces are sufficient to accommodate the Applicant s proposed use of the premises. The Parking Demand Study was conducted by Tim Miller Associates, Inc. from 7:00 A.M. to 6:00 P.M., Monday through Thursday in April 2012. The results of the Parking Demand Study, dated April 30, 2012, were reviewed by the Planning Board and FP Clark provided comments in its July 9, 2012 Memorandum. The Study indicates that the maximum number of employees on site occurred on Wednesday, with 17 employees present at the building. On that day the maximum number of parking spaces needed -3-

was 8 spaces. Based on the information provided by the Applicant and FP Clark, it is the consensus of the Planning Board that the twelve (12) off-street parking spaces proposed by the Applicant are sufficient to accommodate the Applicant s use of the property. 2. Stormwater. For the purposes of this application and the Planning Board s input on the requested impervious surface coverage variance, the Planning Board notes that the property has a pre-existing nonconforming impervious surface coverage of 6,644.17 sq. ft. and the Applicant is proposing to add a small amount of new impervious surface coverage to create a conforming ADA accessible parking space. The remaining impervious surface coverage for which a variance is sought is due to impervious surface coverage added some time after the Applicant received Special Permit and Site Plan approval in 1998. The Village s Consulting Engineer requested that percolation tests be performed on the property to aid in assessing the proposed design of a stormwater management system for the property. The tests revealed that there is no absorption capability on the property. By memorandum dated December 11, 2012, the Village s Consulting Engineer recommended a long term solution to the drainage pattern in the area whereby the Village Board of Trustees creates a local drainage district to implement certain stormwater improvements following a drainage study of the area. The creation of a drainage district is at the sole discretion of the Board of Trustees. Based on the lack of absorption capability for this property, it is the consensus of the Planning Board that any increase in the amount of impervious surface coverage on the property will not impact conditions in the neighborhood because any existing open grass or soil is not capable of absorbing stormwater runoff. On January 15, 2013, the ZBA granted the requested total impervious surface coverage variance of 2,009.32 square feet and off-street parking variance for 12 parking spaces. Thereafter, the Applicant returned to the Planning Board for consideration of a Report and Recommendation before returning to the BOT for a public hearing and decision on the application. II. PLANNING BOARD DISCUSSION The Planning Board reviewed this application at its April 12, 2012, July 12, 2012, August 9, 2012, September 13, 2012, December 13, 2012 and February 14, 2013 meetings. Based on a review of the application and information provided by the Applicant and Village -4-

Staff, the Village s Planning Consultant, F.P. Clark Associates, provided Planning Memoranda to the Planning Board dated April 5, 2012, July 9, 2012, August 2, 2012 and January 31, 2013. The Village s Engineering Consultant, Dolph Rotfeld Engineering, PC (DRE) provided Memoranda dated July 11, 2012, August 3, 2012 and December 11, 2012. The Village Engineer/Superintendent of Public Works provided a Memorandum regarding Construction Management, Stormwater and Soil Sediment Erosion Control dated April 12, 2012. At the Planning Board s April 12, 2012 meeting, the Planning Board discussed issues such as screening; operation of the business including deliveries, hours of operation, commuting patterns, trash pick-up and visitor access; parking; and stormwater. The Applicant noted that the 2,785 square foot building has not undergone any expansions since its purchase by the Applicant. The Applicant stated that its risk management business operates with eight (8) employees on the first floor and nine (9) employees on the second floor. It was also noted that the working hours of the employees are generally staggered. According to the Applicant, its business also has different hours than the business operating out of the adjacent building which shares a driveway with the Applicant s business. Also, the Applicant noted that trucks delivering office supplies and water typically park on the street and wheel the goods up the driveway. The Planning Board requested the Applicant perform a parking study to determine whether twelve (12) parking spaces are sufficient to meet the demand of the Applicant s business. -5-

A. Special Permit Village Code 250-25(C)(3) allows residential dwellings in the R-2F District to be converted to professional offices not exceeding two such professional persons per dwelling upon the issuance of a Special Permit by the Board of Trustees: Professional office space for use by physicians, surgeons, dentists, attorneys, accountants, insurance agents or similar professions, not residents of the premises, in dwellings on the northerly and southerly side of Bowman Avenue between South Ridge Street and the Port Chester Village boundary line; and in dwellings on the northerly and southerly side of Westchester Avenue between North Ridge Street and the Port Chester Village boundary line, presently zoned R2-F, provided that there shall not be more than two such professional persons occupying any one dwelling, and provided further that there shall be no hospital facilities in connection therewith in any case. Special Permits may be issued upon a finding that [w]ith respect to all uses listed as requiring special use permits, the use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. (Village Code 250-6(H)(1)(c)(1)). Village Code 250-25(C)(3) further requires the following standards must be met for the issuance of a Special Permit to permit residential dwellings to be converted to professional offices: (a) Off-street parking space shall be provided for at least three ears for each office or suite of offices of a given tenancy or one car for every 300 square feet of floor area used for such office purposes, whichever is greater, and the public entrance to such professional office and parking for such office shall be from Bowman Avenue or Westchester Avenue only. (b) Signs, for the professional occupying the space, shall not exceed two square feet in area, identifying a professional office. -6-

The Property was formerly a one-family dwelling therefore, the premises may be occupied by no more than two (2) professional persons. Based on information submitted by the Applicant, the Building Inspector has determined that one (1) professional person is operating from the premises and the remaining individuals are non-professional employees. The Special Permit issued April 28, 1998 to the Applicant by the Board of Trustees authorizes the Property to be used as a risk management business pursuant to Section 250-25(C)(3) of the Zoning Code upon the following conditions: 1. This special permit is for a risk management business only. Any change of use to a different professional use, in whole or in part, shall require an amendment to this special permit. 2. The maximum number of persons who may be employed in the risk management business at this location shall be 7 persons. 3. In accordance with the Village of Rye Brook Code, Section 212-4, the applicant will have 7 years from the effective date of the Sprinkler Law to install an approved fire sprinkler system. It is the consensus of the Planning Board that based upon its review of information submitted by the Applicant and consideration of comments from Village Staff and Consultants, the proposed use of the Property as offices for one professional person and 16 employees for a total of 17 persons employed by the risk management business, will be in harmony with the appropriate and orderly development of this portion of Bowman Avenue which is a mixed commercial and residential area. -7-

B. Traffic and Parking The Planning Board received the results of a parking study performed by Tim Miller Associates, Inc. dated April 30, 2012. FP Clark provided the following comments in its July 9, 2012 Memorandum regarding Traffic and Parking: 2. Traffic and Parking. The Applicant retained Tim Miller Associates, Inc. to prepare and submit a Traffic and Parking Report, which is dated April 30, 2012. This report responds to comments included in the Memorandum from Clark Associates, dated April 5, 2012. The Applicant performed a Parking Demand Study, which was conducted from 7:00 A.M. to 6:00 P.M., Monday through Thursday in April 2012. Based on the results of the parking count the Applicant identified the number of parking spaces needed on an hourly basis. The Study indicates that the maximum number of employees on site occurred on Wednesday, with 17 employees present at the building. On that day the maximum number of parking spaces needed was 8 spaces. In addition to the Parking Demand Study for 66 Bowman Avenue, the Applicant conducted a similar Study for 62 Bowman Avenue, which is the adjacent commercial use that shares the driveway to Bowman Avenue. Based on the results of the traffic count at the driveway, which was completed between 7:30 and 8:30 A.M. and 2:30 and 3:30 P.M., a maximum of six vehicles (two-way) used this shared driveway to access Bowman Avenue. The Applicant should indicate the driveway count between 3:30 and 5:30 P.M. as well to provide all the information available. However, we do not expect that these counts will alter our conclusions regarding traffic. The Village requested that the Applicant provide information regarding the number of vehicles turning left onto Bowman Avenue from the site driveway; however, the Applicant has not provided this information. Based on the information provided by the Applicant the driveway activity is very low and the number of vehicles turning right or left into or out of the subject property driveway would likely not result in any significant impacts. -8-

The Applicant noted that there is student/pedestrian activity along Bowman Avenue. In our opinion the level of site traffic generation for both 62 and 66 Bowman Avenue is insignificant and likely has minimal, if any, impact to pedestrian activity along Bowman Avenue or to vehicular activity at the access drive. Based on the results of the analysis provided by the Applicant it is our opinion that the 12 spaces provided by the Applicant will be more than adequate to accommodate typical daily use of the building. In addition, the Planning Board heard comments from the owner of the property located on Barber Place, immediately to the west of the Applicant s parking area. The neighboring property owner was primarily concerned about stormwater impacts, but did comment that he has no complaints regarding the existing parking area and would not want to see the parking area expanded to accommodate the required twenty-four (24) off-street parking spaces. Based on the information provided by the Applicant and FP Clark, it is the consensus of the Planning Board that the twelve (12) off-street parking spaces proposed by the Applicant are sufficient to accommodate the Applicant s use of the property. Furthermore, the Applicant has obtained a variance from the ZBA to permit twelve (12) off-street parking spaces where twenty-four (24) are required by Village Code. C. Stormwater The Applicant is seeking to exceed the maximum permitted impervious surface coverage (6,021 s.f.) by 2,009.32 s.f. for a total of 8,030.32 s.f. of impervious surface coverage. As noted above, the property owner immediately to the west of the Applicant s parking area has raised concerns over the volume of stormwater that flows off the Applicant s property onto his property. -9-

It is the Planning Board s understanding that the Applicant s engineering consultants have met with the Village Engineer/Superintendent of Public Works and the Village s Consulting Engineer, DRE, to review plans for stormwater management on the Property. After the performance of percolation tests, it was discovered that there is no absorption capability for this property. DRE s December 11, 2012 Memorandum provides: Please be advised that the latest information we have related to stormwater drainage is that soil tests indicate there is no absorption capability to handle run-off. In addition, from its own impervious area this property now receives drainage from the property to the east and potential overflow from two catch basins at the end of Osborn Place that don t have any outlet. In order to solve the problem, a study should be undertaken to assess the installation of a drainage system starting at Osborn Place, including the two properties on Bowman Avenue. Then assess the installation of a drainage system starting at Osborn Place, including the two properties on Bowman Avenue. Then assess the possibility of connecting to either the storm drain on Bowman Avenue or going through one of the properties on Barber Place and connect to the storm drain in that street. A benefit district formed by the Village would undertake the study, plan and construct such a system. As stated in the Planning Board s input to the ZBA, based on the lack of absorption capability for this property, it is the consensus of the Planning Board that any increase in the amount of impervious surface coverage on the property will not impact conditions in the neighborhood because any existing open grass or soil is not capable of absorbing stormwater runoff. However, the Planning Board recommends that the BOT explore the possibility of establishing a Drainage District in this area. -10-

D. Other Site Plan Issues At the request of the Planning Board and as recommended by the Village s Planning Consultant, the Applicant s Landscape Plan (Sheet SP) was revised to replace certain species and provide accurate information in the Plant List. The Lighting Plan was also sufficiently revised to reduce the light levels at all points along common property lines with residential lots to the west of the subject lot to 0.5 foot candles or less. III. PLANNING BOARD RECOMMENDATIONS After discussion and consideration of the comments set forth in the memoranda from F.P Clark and DRE, the Planning Board recommends approval of the Amended Special Permit and Site Plan, upon the following conditions: 1. The Special Permit is for a risk management business only. Any change of use to a different professional use, in whole or in part, shall require an amendment to this Special Permit. 2. The maximum number of persons who may be employed in the risk management business at this location shall be 17 persons. In addition, the Planning Board recommends that the BOT explore the possibility of establishing a Drainage District in this area of Bowman Avenue in accordance with DRE s December 11, 2012 memorandum. IV. CONCLUSION In conclusion, the Planning Board recommends the BOT approve the Amended Special Permit and Site Plan application, upon the conditions set forth above. Dated: Rye Brook, New York February 14, 2013-11-

APPROVED AT THE FEBRUARY 14, 2013 MEETING AT THE VILLAGE OF RYE BROOK PLANNING BOARD BY A VOTE OF 5-0 ACCEPTING THE REPORT AND RECOMMENDATION Ayes: Accurso, Grzan, Schoen, Tartaglia, Zuckerman Nays: APPROVING THE REFERRAL RESOLUTION Ayes: Accurso, Grzan, Schoen, Tartaglia, Zuckerman Nays: Excused: Goodman, Laufer -12-

VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK, NY 10573 (914) 939-0753 PH (914) 939-5801 FAX VILLAGE OF RYE BROOK ENGINEERING & DPW Memo To: Gary Zuckerman, Chairman, and the Planning Board of the Village of Rye Brook From: Michal J. Nowak CC: File Date: April 12, 2012 Re: 66 Bowman Ave Drainage and Site Civil review A review of plans prepared by Ahneman Kirby dated September 20, 2011 submitted to the Village of Rye Brook was performed for site civil engineering matters, soil sediment erosion control, storm water management, and construction management. Please refer to the below paragraphs explaining the findings of the review. CONSTRUCTION MANAGEMENT PLAN A construction management plan for such project is not required due to the impact area being in the rear of the property and onsite. Plenty of staging area is provided and available onsite in the rear parking lot. Discussion regarding coordination of work and vehicle parking should be explored. STORM WATER PLAN Calculations provided for handling runoff from existing and proposed impervious surfaces provides adequate capture and management for a 25 year storm of 6.0 inches per 24 hours. No documentation was submitted regarding the capacity and area of capture for the existing water feature, even though a drain inlet is shown to be feeding this system. The above system however, has been sized to handle the entire 8,332 s.f. of impervious. SOIL SEDIMENT EROSION CONTROL Proposed site is pretty flat and silt fencing is proposed in and around the entire area of excavation. Area shall be top seeded and straw hayed to prevent erosion after drywells are installed. Page 1 of 1