HomeMy WebLinkAboutTB Resolution - 2024-12-10 - RezoneRegistrar of Vital Statistics Telephone: (914) 962-5722 x 208 Fax: (914) 962 6591 Diana L. Quast, Town Clerk dquast@yorktownny.org TOWN OF YORKTOWN 363 Underhill Avenue, P.O. Box 703 Yorktown Heights, NY 10598 This is a resolution adopted by the Town Board of the Town of Yorktown at its regular meeting held on Tuesday, December 10, 2024. WHEREAS, Toll Brothers, Inc. (the “Applicant”) as contract vendee, petitioned the Town Board to rezone an approximately 50.51-acre parcel located at 2302 and 2448 Catherine Street in the Town of Yorktown, also known as SBL 35.12-1-2 & 35.08-1-45 on the Tax Map of the Town of Yorktown (the “Property””) from the RSP-3 (Age-Oriented Geriatric Community) and R1-40 (One- Family Residential) zoning districts to the RSP-2 (Senior Citizens) zoning district pursuant to Article XXIV of the Yorktown Zoning Code (“Zoning Map Amendment”); and WHEREAS, the Applicant proposes to redevelop a portion of the Property with a 118-unit townhouse community targeting 55+ active adults, with an amenity clubhouse and pool, roads, stormwater management infrastructure, and related improvements, in accordance with the Town’s RSP-2 District regulations (“Project”); and WHEREAS, the Property is currently split-zoned RSP-3 and R1-40; and WHEREAS, one parcel of the Property is currently improved with the former Catherine Field Home building and a former sales office building (“Field Home Buildings”), and the other parcel is largely undeveloped but is occupied by a soccer field used by Yorktown teams; and WHEREAS, the Applicant proposes to convey the Field Home Building to the Town for preservation and reuse, and to accomplish this, proposes to resubdivide the Property into two parcels (the +48.05-acre parcel containing the new residential development, and a +2.46-acre parcel upon which the Field Home Buildings are located), and offer the +2.46-acre parcel to the Town of Yorktown for a nominal price; and WHEREAS, the Applicant submitted as part of its application a Full Environmental Assessment Form (“FEAF”), consisting of NYSDEC EAF Form Parts 1, 2 and an expanded Part 3 narrative with attachments dated November 14, 2022 (revised August 2023, February 2024, May 2024, October 2024, and December 2024), and the following appendices, evaluating the potential environmental impacts of the proposed action: A. Site Plan, prepared by Site Design Consultants, last revised November 15, 2024; B. Existing Conditions Plan, prepared by Site Design Consultants, last revised November 15, 2024; C. Stormwater Management Plan, prepared by Site Design Consultants, last revised November 15, 2024;
~ mo o 42 E Wetland Functional Analysis, prepared by Ecological Analysis, LLC, last revised June 24, 2024; Correspondence from the Town of Yorktown Consolidated Water District, dated May 5, 2022; New York State Department of Environmental Conservation, New York Natural Heritage Program Correspondence, dated December 8, 2022; New York State Department of Environmental Conservation, Division of Fish and Wildlife Correspondence from Lisa M. Masi, dated February 1, 2024; Wildlife Habitat Assessment for New York State or Federally Listed Threatened or Endangered Species and Species of Special Concern, prepared by Ecological Analysis, LLC, last revised June 24, 2024; Tree Inventory Data, prepared by Bartlett Tree Experts, dated August 25, 2023; Aesthetic Resource Analysis; New York State Office of Parks, Recreation & Historic Preservation Correspondence, dated October 28, 2022; Historical Analysis, Conditions & Adaptive Reuse, prepared by Stephen Tilly Architect, dated August 30, 2023; Recreational Impact Analysis, prepared by ESE Consultants, last revised October 5, 2023; Traffic Impact Study, prepared by Colliers Engineering & Design, dated October 19, 2022 (submitted under separate cover); Yorktown NY TB Report, prepared by ADS Environmental Services, dated July 21, 2022; Correspondence from the Town of Yorktown Town Engineer, dated April 20, 2022; . Real Estate Property Tax Projection Report, prepared by Cronin & Cronin Law Firm, PLLC, dated May 2022; Supplemental Environmental Review Letter, Prepared by SESI Consulting Engineers, dated December 18, 2023; Letter Report on Subsurface Soil and Groundwater Investigation, prepared by Carlin- Simpson & Associates, LLC, dated December 20, 2023; and WHEREAS, the Town Board also received and considered the following materials submitted by the Applicant: 1, Ze Preliminary Stormwater Pollution Prevention Plan, prepared by Site Design Consultants, dated August 17, 2023; Preliminary Site Plan Set, prepared by Site Design Consultants, last revised November 15, 2024: e Preliminary Site Plan; e Existing Conditions; e Preliminary Erosion & Sediment Control Plan; e Preliminary Improvement Plan; e Preliminary Stormwater Plan; e Site Grading Plan Sections; e Overall Existing Slope Map; e Overall Existing Slope Disturbance and Proposed Grading Plan; e ‘Tree Removal Plan; e Tree Tables; 4923-0476-9795, v. 2
Memorandum, prepared by JMC Planning Engineering Landscape Architecture & Land Surveying, PLLC, dated October 15, 2024, summarizing the pollutant loading analysis removal rates associated with different stormwater practices; Preliminary Concept Plan, prepared by Colliers Engineering & Design, dated August 27, 2024, demonstrating proposed traffic improvements; Memorandum, TIS Comment Response, prepared by Colliers Engineering & Design, dated May 14, 2024; Applicant’s Responses to May 3, 2024 Planning Department Comment Memorandum, dated May 24, 2024; and Letters, prepared by Zarin & Steinmetz LLP, dated July 2, 2024, July 16, 2024, August 23, 2024, and December 3, 2024. WHEREAS, the Town Board declared its intent to serve as lead agency in connection with the SEQRA review of the proposed action on November 22, 2022, and thereafter circulated a Notice of Intent, the petition and supporting materials to the following involved and interested agencies: SPNAARWNY — Ha NO
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NN 0 3017 Ur $ U ND NNN WN UD RO i) E NNNNN OmADN Westchester County Planning Department Westchester County Planning Board Westchester County Department of Public Works and Transportation Westchester County Department of Health Westchester County Parks Department NYS DOT Region 8 NYS DEC Region 3 NYS OPRHP US Army Corps of Engineers . NYC DEP . Town of Cortlandt Town Clerk . Town of Ossining . Town of Somers . Lakeland School District . Mohegan Lake Fire District . Yorktown Chamber of Commerce . Advisory Committee on Open Space . ABACA . Yorktown Building Inspector . Yorktown Community Housing Board . Yorktown Fire Inspector . Yorktown Highway Department . Yorktown Planning Department . Yorktown Planning Board . Yorktown Police Department . Yorktown Recreation Commission . Yorktown Town Attorney . Yorktown Town Engineer . Yorktown Water Department; and 4923-0476-9795, v. 2
WHEREAS, receiving no objection or opposition to its intent to act as lead agency, the Town Board declared itself lead agency for carrying out the procedural requirements of the SEQRA regulations on December 10, 2024; and WHEREAS, the Town Boad determined that the proposed rezoning and Project constitute a Type I action; and WHEREAS, the Town Board, after referring the petition and supporting materials to all involved and interested agencies, received and considered comments in the following memoranda issued: Town of Yorktown Planning Board, dated January 23, 2024 and August 30, 2024 Town of Yorktown Planning Department, dated May 3, 2024 3. Town of Yorktown Advisory Board on Architecture & Community Appearance (“ABACA”), dated December 19, 2022 and May 10, 2024 4. Town of Yorktown Conservation Board, dated April 17, 2024 5. Town of Yorktown Heritage Preservation Commission, dated June 27, 2024 6. Town of Yorktown Police Department, dated November 29, 2022 7. New York City Department of Environmental Protection (“NYCDEP”), dated June 26, 2024 8. Office of New York City Watershed Inspector General (“WIG”), dated June 28, 2024, August 5, 2024 and August 29, 2024; and Do WHEREAS, the Town Board requested verification of the wetland delineation and review of the submitted tree survey, wetlands functional analysis, and wildlife habitat assessment by the Town Wetland Consultant, Barton & Loguidice, and received and considered comments from said consultant dated November 29, 2022 and June 10, 2024; and WHEREAS, the Town Board requested review of the Historical Analysis, Conditions & Adaptive Reuse report submitted by the Applicant by the Town’s Historic Consultant, Gregory Dietrich Preservation Consulting, and received and considered a letter from said consultant dated June 7, 2024; and WHEREAS, pursuant to NY General Municipal Law Section 239-m, the Town Board referred the petition to the Westchester County Planning Department (“County Planning”) and received and considered comments in a memorandum from County Planning dated June 26, 2024; and WHEREAS, the Town Board by resolution on June 18, 2024, gave notice of a public hearing to be held on July 16, 2024, to consider the Zoning Map Amendment; due notice was posted at Town Hall on June 26, 2024; due notice was published in the official Yorktown newspaper, Yorktown News on June 26, 2024; and the Applicant provided certification that due notice was delivered to the owners of the properties adjoining the Property; and WHEREAS, the petition for the Zoning Map Amendment was presented to the Town Board at a duly noticed Public Hearing conducted on July 16, 2024 in Town Hall and reconvened on September 3, 2024 in the community center gym at the Albert A. Capellini Community & Cultural Center at the conclusion of which the hearing was closed; and 4923-0476-9795, v. 2
WHEREAS, the Town Board has received and considered oral and written comments submitted by residents and involved/interested agencies; and WHEREAS, The Applicant initially proposed to develop 130 age restricted townhouse units, but subsequently lowered the number of units to 118 and reduced the development footprint of the Project as it progressed through the review process; and WHEREAS, the Town Board, upon a finding that the Zoning Map Amendment and the 118-unit Project would not result in any significant adverse environmental impact, adopted a Negative Declaration on December 10, 2024 (“Negative Declaration”); and WHEREAS, based on the entire record before the Town Board, and as set forth in more detail in the Negative Declaration, the Town Board finds that the request to rezone the Property from the RSP-3/R1-40 zoning districts to the RSP-2 zoning district and develop the Property with a 118- unit age restricted townhouse community will achieve the Town’s objectives of the Comprehensive Plan, as stated in Goals 2-E, 2-F, 4-E, and 5-C, including but not limited to, that the Project will provide additional options for senior housing and contribute to the housing diversity in the Town, preserve open space and conservation areas in environmentally sensitive portions of the Property, result in additional funding for recreational resources, and would preserve the Field Home Building in the event it is acquired for reuse; and WHEREAS, based on the entire record before the Town Board, and as set forth in more detail in the Negative Declaration, the Town Board finds that the request to rezone the Property from the RSP-3/R1-40 zoning districts to the RSP-2 zoning district and develop the Property with a 118- unit age restricted townhouse community is consistent with the purposes of the Town of Yorktown Zoning Ordinance as enumerated in Section 300-2, including that the action contributes to the growth and development of the Town in accordance with the Comprehensive Plan by contributing additional senior housing options to the Town’s housing stock, is consistent with the community character of the surrounding area, and as supported by the materials appended to the FEAF and summarized in the Negative Declaration, will not have any significant adverse impact on the Town’s public resources, traffic, visual and environmental resources, and other areas of concern; and WHEREAS, the Project is subject to Site Plan approval by the Planning Board and this resolution does not in any way constrain or limit the Planning Board’s authority to exercise flexibility in implementing RSP-2 Zoning District standards and requirements; and WHEREAS, in connection with the Town’s review of the Petition and Project to date the Applicant has agreed to the following conditions, which would also be incorporated into the Planning Board’s Site Plan approval for the 118-unit Project, as applicable: 1. The Applicant shall record a conservation easement or similar document to the satisfaction of the Planning Board and Town Attorney preserving in perpetuity the approximately 14- acre portion of the Property shown on the Preliminary Site Plan, prepared by Site Design Consultants, last revised November 15, 2024, as conversation space; and 4923-0476-9795, v. 2
. The Applicant will convey the Field Home Buildings and associated 2.46-acre parcel (“Field Home Lot”) to the Town of Yorktown for the purpose of historic preservation. The Town will accept title to the Field Home Lot within one year from the adoption of this resolution or the signing of the plat and Site Plan by Planning Board Chairman, whichever is later. The Applicant, at closing, shall contribute $150,000.00 to the Town to be used for expenses of the Field Home Lot for maintenance or other expenses related to the Town’s effort to reuse and preserve the building. The contribution will not be required unless the Town accepts title to the Field Home Lot. The metes and bounds of the Field Home Lot will be determined by the Planning Board based on a conceptual plan, even if non- conforming, reflecting one of the Adaptive Reuse options identified during the SEQRA process to ensure proper site considerations are achievable in support of reuse and preservation such as parking, ingress/egress, and conceptual engineering treatment measures, without affecting the Project as described above. The temporary sales office will be removed by the Applicant and the area left clean, graded and seeded, should the Town accept title; and . The Applicant shall relocate the water line serving the Field Home Building and prepare amended access and utility easements for the Field Home Lot as needed; and . The Applicant shall contribute $150,000.00 to the Town of Yorktown to be used to upgrade the Hunterbrook Upper Field (or other recreational facilities as determined by the Town and subject to review and determination of the Planning Board during the Site Plan review process as provided by law) to further recreational resources in the Town and to replace the practice field on the Property currently under lease to the Town through 2026; and . The Applicant shall contribute $170,500.00 to the Town toward Inflow and Infiltration (I $ I) mitigation for the Town to remove approximately 60,000 gallons of stormflow from entering the Town sewer system discharging into the Hunterbrook Pump Station, which meets the Town’s requirement of 1:1.5 mitigation; and . The Applicant shall contribute approximately $55,000.00 to the Voluntary Ambulance Corps (Mohegan EMS) in furtherance of the VAC acquiring four CPR units for its vehicles; and . The Applicant shall undertake certain offsite improvements to Catherine Street, including construction of a 6” rolled asphalt curb on Catherine Street along the Project Site’s frontage to a termination point at the intersection of Old Crompond Road to the satisfaction of the Highway Superintendent, the adjustment of existing catch basins as necessary, and the installation of rip rap behind the new curb as needed at the direction of the Town Highway Superintendent; and . The Applicant shall clear and prune vegetation as needed along the Catherine Street frontage and along site frontage at the proposed site driveways, to ensure adequate sight distances for entering and exiting vehicles; and 4923-0476-9795, v. 2
9. The Applicant shall utilize dark sky-compliant lighting throughout the site development. NOW THEREFORE BE IT HEREBY RESOLVED that the request for rezoning of the Property from the RSP-3 and R1-40 zoning districts to the RSP-2 zoning district is hereby granted; and BE IT FURTHER RESOLVED that Local Law #19, amending the Zoning Map of the Town of Yorktown pursuant to Section 300-206 of the Town Code to rezone the property known as 2302 and 2448 Catherine Street (SBL 35.12-1-2 & 35.08-1-45) from the RSP-3 and R1-40 zoning districts to the RSP-2 zoning district is hereby adopted. biz loi Diana L. Quast, Town Clerk Master Municipal Clerk Date: December 11, 2024 To: | David Cooper, Zarin & Steinmetz Ge: Edward A. Lachterman, Town Supervisor Gennelle MacNeil, Town Comptroller John Tegeder, Planning Director Adam Rodriguez, Town Attorney file 4923-0476-9795, v. 2