the To: April 8, 2016 Date: Ltd., to amend Permits, to of the Work municipal Ridge Town of and Center in The Lower Blind Branch.

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1 To: Date: Subject: Robert I. Goodman, Chairman, and Planning Board of Village of Rye Brook April 8, 2016 Bowman Avenue Development Strip Property Application to Amend Subdivision and Site Plans As requested, we reviewed applications submitted by Rye Ridge Park, LLC, on behalf of property owner, K&M Realty Group, Ltd., to amend approved subdivision plat and site plan for Bowman Avenue Development parkland (a.k.a. Strip portion of development) last approved January 28, 2014, and approve new Wetlands and Steep Slopes Work Permits, to construct K&M Realty Group, Ltd., to modify design of municipal park and add parking areas forr use by park and Rye Ridge Plaza on property known as Section , Block 1, Lot 1 on Town of Rye Tax Map, located on e south side of Bowman Avenue west of and adjacent to Rye Ridge Plaza Shopping Center in C1 District and Bowman Avenue Scenic Roadd Overlay District. Property Description and History The acre property owned by K& &M Realty Group, Ltd. is comprised of two tax lots situated at confluence of Blind Brook and its East Branch. The Lower Blind Brook Pond covers a large portion of total acreage of property. The developable land of f 2.12-acre Strip is almost entirely located within 100-foot regulatedd wetland buffer of pond and Blind Brook watercourse, and is within 100-year flood plain of Blind Brook. The Strip is subject to flooding during intense storms. The entire property was subject off an application for site plan approval originally submitted by K and M Realty in At direction of n Board of Trustees, approvall authority and Lead Agency for environmental review under SEQRA, proposed development plan received a positive declaration and an environmental impact statement was 1

2 required. The site plans were approved in 2007 forr development of 10 attached, single- family town homes on Peninsula portion of property and public parkland on Strip. The site plans were approved by Board d of Trustees, and wetlands and steep slopes work permits were approved by Planning Board. In subsequent years, Applicant submitted two additional applications to amend site plan and wetlands and steep slopess permits related to changes to residential development on Peninsula, which is nearing completion. The last approval of site plan amendments occurred on January 28, 2014, and amended Wetlands and Steep Slopes Permits were last approved on February 14, The amended wetland and steep slopes permits are expired at this time. Project Description The current subdivision and site plan applications seek modification of development plan for public open space on Strip. The revised development plan proposes to expand parking area of Rye Ridge Shopping Center into a 0.49-acre portion of Strip and adjacent area to be Village park land. Thee 0.49-acre area would be subdivided from Strip for construction of 54 parking spaces to become shared parking for shopping center and park. The site plan for proposed 1.63-acre park would be modifiedd to accommodate approved park sitee features in smaller lot area to become park land. Approval of current application will require approval off new wetlands and steep slopes permits pursuant to Chapter 245 and Chapter 213 of Village Code. The site plan and subdivision applications were referred to Planning Board for a report and recommendation by Board of Trustees, who has jurisdiction over both applications and a declared intent to serve as Lead Agency for SEQRA review of applications. The Planning Board is approval authority for wetland and steep slopes permits and an involved agency under SEQRA, if it agrees with intendedd lead agency of Trustees. Review We reviewed following support of application: applications, documents and or material submitted in 2

3 Application for Subdivision of Land datedd 3/18/16 Application for Site Plan Approval dated 4/1/16 Site Plan Submittal Review Check List dated 4/1/16 Full Environmental Assessment Form (Part 1) and EAF Mapper Summary Report dated 3/14/16 Rye Ridge Park Stormwater Pollution Prevention Plan prepared by John Meyer Consulting, Armonk, N.Y., dated 3/16/16 Letter to Planning Board from John Meyer Consulting, Armonk, N.Y., dated April 1, 2016 Letter to Board of Trustees from John Meyer Consulting, Armonk, N.Y., dated March 17, 2016 ALTA/ACSM Land Title Survey of Rye Ridge Shopping Center, Sheet ALTA-1, prepared by John Meyer Consulting, Armonk, N.Y., dated 7/12/13, revised 7/25/13 Survey of Property, Sheet SU-1, prepared by John Meyer Consulting, Armonk, N.Y., dated 11/19/1993, revised 10/21/2008 Preliminary Subdivision Plan, prepared byy John Meyer Consulting, Armonk, N.Y., dated 3/1/16, revised Engineer s Site Plans prepared by John Meyer Consulting, Armonk, N.Y.: Sheet Number SP-1 SP-2 SP-3 SP-4 SP-5 SP-6 SP-7 SP-8 SP-9 SP-10 SP-11 SP-12 SP-13 ZC-1 Sheet Title Dated Cover Sheet Existing Conditions Plan Site Demolition Plan Site Layout Plan Site Grading Plan Site Utilities Plan Site Erosion and Sediment Control Plan Site Landscaping Plan Zoning Compliance Plan Please note that our review is limited to planning and environmental issues. We offer following comments regardingg applications: 3

4 1. SEQRA. The Trusteess determined proposed action to be an Unlisted Action subject to a coordinated review under SEQRA and a Notice of Intent (NOI) to Declare Lead Agency was circulated to all involved and interested agencies. After 30 days Board of Trustees will be Leadd Agency and will be empowered to make a determination of significance. A positive declaration would require that a supplemental environmental impact statement be prepared. A negative declaration would end SEQRA process and application may proceed directly to site plan, wetlands and steep slopes reviews. 2. Completion of Application. The following items should be submitted for review: a) A current, updated topographic survey of Tax Lot 1; b) A Preliminary Subdivision Plat; and c) A Tree Preservation and Protection Plan in accordance with Chapter 235 of Village Code. 3. Site Plan. The proposed site plan should address constraints of site, which include location in regulated flood plain and wetland buffer, potential inundation during severe storm events, steep slopes, and proximity to a residential developmen t. Site features should be resilient and able to withstand flooding with minimal or reasonablee maintenance and repair. The park should be safe and accessible by vehicles and pedestrians, including disabled. 4. Wetlands Permit. Most of construction n will occur in regulated wetland buffer of Blind Brook and pond. A calculation of amount of new impervious surface area to be located on e Strip for parking area should be provided to be basiss for determinationn of amount of mitigation required for loss of functional buffer area in accordance with Chapter 245 of Village Code. The 100-foot regulated wetland buffer should be shown on plans. 5. Steep Slopes Work Permit. Without a current topographic survey of lot, it is not possible to determine if current grading plan is acceptablee at this time. It appears thatt existing steep slopes will be disturbed and new steep slopes will be created by gradingg plan. Disturbance and creation of steep slopes should comply with requirements of Chapter 2133 of Village Code. 6. Visual Impacts. While amended park plan will construct a green landscaped area when viewed from sourn-most homes on Peninsula, enlarged parking areaa will be located more than 60 feet closer to new homes than 4

5 existing parking area and it is much larger than approved parking area for park. There will be no space after construction for a planted buffer near Bowman Avenue to screen views of new 8-foot high retaining wall and cars parked in new parking area from homes or Bowman Avenue. Night lighting of commercial parking lot will increase visual impacts to homes after dark. We recommend increasing screening capability of new plantings at base of wall and adding more native trees and shrubs closerr to and at elevation of parking area and in area adjacent to Bowman Avenue. 7. Landscape Plan. The landscape plan should be revised to address alll applicable comments in this memorandum. 8. Lighting Plan. Photometric analysis of lighting plan should be providedd for review. The details and specifications for proposed parking area lighting should be provided. To reduce night lighting impacts to nearby residences, we recommend that lighting in this area should be modified from what is typical in shopping center to minimize impacts to adjacent homes. 9. Parking. The amended subdivision and site plans will make 54 new parking spaces available to shopping center and new park, which will be accessible by existing western-most curb cut servingg shopping center. All parking in shopping center in proximity to new park should be considered shared parking between park use and shopping center uses. 10. Tree Preservation Plan. A tree survey of strip should be provided to evaluate and locate existing trees on lot and determine how many trees will be removed for construction of park and parking area. Trees to be removed will be replaced in accordance with requirements of Chapter 235 of Village Code. Trees to remain on site during construction will require tree protection measures to be in place during entire construction period Scenic Road Overlay District (SROD). Thee parking area and park access will be constructed in Bowman Avenue SROD. All development in SROD should comply with requirements of district. A 35-foot vegetated buffer is required along Bowman Avenue frontage of shopping center property. We look forward to discussion with Planning Board, and will continue our review when additional information requested is provided. 5

6 Marilyn Timpone-Mohamed, ASLA, AICP Senior Associate/Planning/Environment Cc: Honorable Mayor and Village Board of Trustees Christopher Bradbury, Village Administrator Michal Nowak, Superintendent of Public Work/Village Engineer Jennifer Gray, Esq., Village Attorney Steven Silverberg, Esq.., for Applicant Anthony Nestor, for Applicant j:\docs2\500\ rye brook\ k and m bowman avenue.park site plan and subdivision amendment.pbb intro memo.mtm..docm 6

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