IV.C.6. Date: September 12, 2018

Transcription

1 IV.C.6 State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Notice of Scoping Session This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of North Castle Town Board, acting as Lead Agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Date: September 12, 2018 Name of Action: SEQRA Status: Airport Campus Type I Action Description of Action: The Applicant, proposes to repurpose and redevelop the approximately 38-acre site known as 113 King Street within the Town of North Castle (the Project Site ), which is currently improved with approximately 261,000 sf of office space in two buildings. Efforts over the past ten years to lease the Site s office buildings have been unsuccessful. As such, the Applicant proposes to re-use the northernmost existing office building as a hotel, construct a new 151-unit multi-family building, construct 22 townhouse units, and re-occupy the southernmost existing office building with office tenants (the Proposed Project ). The 5-story multi-family residential building is proposed to be located to the north of the existing northern office building and would be built on top of 3-stories of structured parking, one of which would be below grade. In the northern portion of the Project Site, the Applicant proposes to construct 22 townhouses. The Applicant would provide affordable housing on-site in accordance with the requirements of the Town Code. Vehicular access to the office, hotel, and multifamily uses would be from the existing signalized driveway intersection with King Street. Vehicular access for the townhouses would be from Cooney Hill Road. In addition to the Site s existing improvements, site plan approvals in full effect allow for the construction of an additional 165,000 square feet of office space, 53,000 sf of amenity space, a 20,000 sf meeting house, and a 1,000 space parking structure on the Site. The Proposed Project is being advanced in lieu of these currently permitted improvements. The Project Site is located within the Town s Designed Office Business 20A (DOB-20A) Zoning District. To develop the Site as proposed, the Applicant has petitioned the Town Board of the Town of North Castle ( Town Board ) for amendments to the Town s Zoning Code to permit multi-family, hotel, and townhouse uses on the Site as special permit uses and to provide bulk and density requirements for those uses (the Proposed Zoning ). The Applicant has also applied to the Town Board for approval of a Preliminary Development Concept Plan (PDCP) and Special Permit approval, which would allow for the subsequent preparation of a detailed Site Plan and subdivision application to construct the Proposed Project.

2 Location: 113 King Street (west side of King Street between American Lane and Cooney Hill Road) Town of North Castle, NY Reasons Supporting This Determination: Based upon a review of the applicant's submitted Full Environmental Assessment Form and all other application materials that were prepared for this action, the Lead Agency has determined that the proposed action may have the following significant adverse impacts: 1. The potential for significant impacts related to land use, zoning, and public policy. The Proposed Action would change the land use on the site from its current office campus to a hotel, multifamily housing and single-family townhouse uses. 2. The Proposed Action would result in excavation and other disturbance on several acres of currently undeveloped land. 3. Construction of the Proposed Project would occur in more than one phase. 4. Increased stormwater runoff and erosion resulting from site disturbance and construction of new impervious surfaces in the form of structures, access roads, and residential lots may impact surface water, specifically the nearby Kensico Reservoir which is part of the New York City watershed system. In addition, surface water and groundwater may be impacted by the introduction of fertilizers and pesticides associated with new residential uses. 5. The Proposed Action would involve site disturbance and new construction proximate to federally regulated freshwater wetlands. 6. The Proposed Action would result in an increased demand on water delivery and sewage disposal systems. 7. The Proposed Action may impact the habitat of species that have been identified as species of special concern, endangered and/or threatened (including the bald eagle). 8. The Proposed Action would occur within an area identified as potentially sensitive for archaeological resources. 9. The Proposed Action would result in the placement of new residential and hotel uses in an area between the 60 DNL and 65 DNL noise contours for Westchester County Airport. 10. The Proposed Action would result in an increase in daily vehicle trips, which may impact the surrounding roadway network. 11. The Proposed Action would result in an increased demand for energy.

3 12. There is a completed emergency spill remediation on the site of the Proposed Action, which may have impacted the existing structures to be modified as well as the subsurface conditions of the Project Site. 13. The Proposed Action may create a demand for additional community services (e.g. schools, police and fire). 14. The potential for significant impacts related to stormwater runoff. The proposed construction will add new impervious surfaces requiring stormwater quality and quantity management. 15. The potential for significant design/visual resource impacts and neighborhood character impacts. The currently undeveloped portions of the site would be developed with a new seven story multifamily building. Scoping Information: Scoping of the issues to be contained in the EIS will be conducted. The Applicant has prepared a draft scope for consideration and is attached to this document. Involved agencies and the public should provide written comments, by October 5, 2018, reflecting their concerns, jurisdictions and information needs sufficient to ensure that the EIS will be adequate to support their SEQR findings. In addition, the Lead Agency will hold a public scoping session on September 26, 2018 at 7:30 PM at the following location: Town Hall 15 Bedford Road Armonk, New York Lead Agency: Town of North Castle Town Board 15 Bedford Road Armonk, New York Lead Agency Contact Person: Alison Simon, Town Clerk Town of North Castle 15 Bedford Road Armonk, NY Telephone: (914) ext asimon@northcastleny.com

4 A Copy Of This Notice Has Been Sent To The Following Involved and Interested Agencies: Permit Administrator, New York State Department of Environmental Conservation, Region III Office, 21 South Putt Corners Road, New Paltz, New York New York State Department of Transportation, SEQR Unit, Traffic Engineering & Safety Division, 4 Burnett Blvd., Poughkeepsie, New York Deputy Commissioner, Historic Preservation, New York State Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Building 1, 20th Floor Albany. New York Commissioner, Westchester County Department of Planning, Westchester County Office Building 148 Martine Avenue, White Plains, New York Town of North Castle Planning Board, Town Hall Annex - 17 Bedford Road, Armonk, New York Town of North Castle Conservation Board, Town Hall Annex - 17 Bedford Road, Armonk, New York North Castle Architectural Review Board, Town Hall Annex - 17 Bedford Road, Armonk, New York Building Inspector, Town Hall Annex - 17 Bedford Road, Armonk, New York Matt Trainor, Superintendent, Town of North Castle Parks and Recreation Department 40 Maple Avenue, Armonk, New York Jamie Norris, Highway Superintendent, Town Hall - 17 Bedford Road, Armonk, New York Sal Misiti, Superintendent, Town of North Castle, Department of Sewer and Water 115 Business Park Drive, Armonk, New York Jen Lamia, Byram Hill Central School District, District Office, 10 Tripp Lane Armonk, NY Fire Commissioners, Armonk Fire Department, PO Box 116, Armonk NY, Open Space Committee, 17 Bedford Road, Armonk, New York Cynthia Garcia, NYCDEP - SEQRA Coordination Section, 465 Columbus Ave, Valhalla, NY The Environmental Notice Bulletin (ENB), enb@gw.dec.state.ny.us

5 Introduction Airport Campus 1, the Applicant, proposes to repurpose and redevelop the approximately 38- acre site known as 113 King Street within the Town of North Castle (the Project Site ), which is the former location of MBIA s corporate headquarters, and currently improved with approximately 261,000 sf of office space in two buildings, as well as surface and structured parking. Efforts over the past ten years to lease the Site s office buildings have been unsuccessful. As such, the Applicant proposes to re-use the northernmost existing office building as a hotel, reoccupy the southernmost existing office building with office tenants, construct a new 151-unit multi-family building, and construct 22 new townhouse units (the Proposed Project ). The 5- story multi-family residential building is proposed to be located to the north of the existing northern office building and would be built on top of 3-stories of structured parking, one of which would be below grade. In the northern portion of the property, the Applicant proposes to construct 22 townhouses. The Applicant would provide affordable housing on-site in accordance with the requirements of the Town Code. In addition to the Site s existing improvements, site plan approvals in full effect allow for the construction of an additional 165,000 square feet of office space, 53,000 sf of amenity space, a 20,000 sf meeting house, and a 1,000 space parking structure on the Site. The Proposed Project is being advanced in lieu of these currently permitted improvements. To develop the Site as proposed, the Applicant has petitioned the Town Board of the Town of North Castle ( Town Board ) for amendments to the Town s Zoning Code to permit multi-family, hotel, and townhouse uses on the Site as special permit uses and to provide bulk and density requirements for those uses (the Proposed Zoning ). The Applicant has also applied to the Town Board for approval of a Preliminary Development Concept Plan (PDCP) and Special Permit approval, which would allow for the subsequent preparation of a detailed Site Plan and subdivision application to construct the Proposed Project. 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 Town Board of the Town of North Castle, 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 Town Board adopted a Positive Declaration on September 12, 2018, requiring the preparation of an Environmental Impact Statement (EIS). This DRAFT Scoping Document was prepared to guide 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. 1 Airport Campus I LLC, Airport Campus II LLC, Airport Campus III LLC, Airport Campus IV LLC, and Airport Campus V LLC are the owners of the Project Site and are hereafter referred to as, Airport Campus or, the Applicant. DRAFT 1 8/28/2018

6 Description of the Proposed Action The Proposed Action evaluated in the DEIS includes: (1) the Applicant s petition to amend the Town Zoning Code to allow multi-family, hotel, and townhouses as special permit uses and to provide specific density and bulk requirements for those uses (the Proposed Zoning ); and, (2) the approval of the PDCP and Special Permit to allow the re-use and physical redevelopment of the Site with office, hotel, multi-family, and townhouse uses, as well as site plan approval and, if necessary, subdivision approval (the Proposed Project ). Together, the Proposed Zoning and the Proposed Project constitute the 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 The Project Site is located within the Town s Designed Office Business 20A (DOB-20A) Zoning District. On June 5, 2018, the Applicant petitioned the Town Board for certain amendments to the Town s Zoning Code to facilitate the Proposed Project. The Proposed Zoning would: Add Medical offices as a principal permitted use in the DOB-20A; Add hotels and multi-family and/or townhouse residential as special permit uses in the DOB-20A; Add townhouse and hotel uses to the list of uses that are permitted to have more than one main building on a lot, which list currently includes multifamily and nonresidential; Update references within the DOB-20A section of the Zoning Code to the Town s most recently adopted Comprehensive Plan (2018); Permit the conversion of up to two-thirds of a Site s existing office building space to a hotel use within the DOB-20A district; and, Permit the conversion of fully approved, but unbuilt, office and related space within the DOB-20A to residential uses and provide specific bulk and density requirement for those uses. Proposed Project The Project Site consists of three contiguous parcels owned by the Applicant (Tax Map ID , , and ) which together total approximately 38 acres and would be considered a single property for zoning purposes. The Project Site is generally bounded by Cooney Hill Road to the north, King Street to the east, and wooded areas bordering the Kensico Reservoir (owned by the City of New York) to the west and south (See Figures 1 and 2). The southern portion of the Project Site is currently improved with what was previously MBIA s corporate headquarters, and contains a three-story, approximately 100,000 sf office building in the southwest corner; another three-story, approximately 161,000 sf office building immediately north of the 100,000 sf building; approximately 328 surface parking spaces (two lots); and a three-story parking structure containing approximately 316 parking spaces. Vehicular access to the existing uses described above is provided through the existing signalized driveway intersection with King Street. 8/28/ DRAFT

7 8/23/201 8 NEW K COONEY HILL RD I N G ST UV 120 KING ST AMERI CAN LN RT-1 20 Kensico Reservoir FEET Project Site NY CT 113 KING STREET Project Location Figure 1

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9 The Proposed Project would be facilitated by approval of the Proposed Action, and would consist of the following components (see Figure 3): The existing three-story southwestern office building of approximately 100,000 sf is proposed to remain as office space with related amenities, with no change to the existing building height or footprint anticipated. Parking for this building will be accommodated by the existing threestory parking structure and adjacent surface lot. The existing three-story northern office building would be repurposed and converted to a 125- room hotel, together with typical accessory uses such as a spa, fitness facility, and restaurant. No changes to the existing building height or footprint are anticipated. Parking for this building will be accommodated by the existing three-story parking structure and adjacent surface lot. To the north of the hotel, an existing surface parking lot with 277 spaces would be replaced by a new five-story multifamily residential building with approximately 151 dwelling units, to be constructed above three-stories of structured parking (approximately 330 parking spaces). This building would have a maximum height of approximately 85 feet above grade. The northern portion of the Project Site, known as the Cooney Hill area, would be developed with approximately 22 two-story townhouses clustered in six groups, each with private driveways accessible from a central access drive off of Cooney Hill Road. Each townhouse would consist of approximately 3,000 sf of floor area. Affordable housing would be provided on site in accordance with the provisions of (I) of the Town of North Castle Zoning Ordinance. In terms of access, the existing signalized driveway from King Street would continue to provide access to the proposed hotel, office, and multifamily residential uses. In addition, a new right-in, right-out curb cut is possible at the approximate midpoint between American Lane and Cooney Hill Road. Vehicular access for the townhouses would be from Cooney Hill Road, with secondary (emergency) access tied into the balance of the Project Site. Previously Approved Project The Project Site has in full effect a Site Plan and Special Permit to develop an additional 165,000 sf of office space, 53,000 sf of amenity space, a 20,000 sf meeting house, and an approximately 1,000 space parking structure. These approvals were granted after a thorough environmental review process that included a DEIS, FEIS, and Environmental Findings Statement, as well as the Town Board s adoption of zoning amendments to the DOB-20A zoning district and approval of a PDCP in The proposed 151-unit multifamily residential building described above would be located in the same general area where this approved expansion was proposed. Conservation Easement During the approval process for the MBIA expansion, MBIA entered into an agreement with the Natural Resources Defense Council (NRDC) and The Riverkeeper, pursuant to which a conservation easement was imposed on a portion of the Cooney Hill Area, precluding development in the easement area. The conservation easement area included a 50 deep component (totaling 1.95 acres) around the western and southern boundary of the Cooney Hill Area that is irrevocable. It also included a larger area (totaling 6.00 acres), to the east and north of the irrevocable area, that was revocable in the event MBIA did not build the office expansion and the parking structure and sold the property to a third party for development. Those conditions have been met. As stated in the Applicant s petition, in the event the Proposed Action is approved, DRAFT 3 8/28/2018

10 OFFICEMBIA BU (EXIST ILDING ING) E (316 SPACES) ON EXISTING MULTI-LEVEL PARKING STRUCTURE. ST (125 ROOM L A N E NG KI ET RE ST SHED SHED (N YS RO APPROVED STORMWATER MANAGEMENT AREA SERVICE AREA 24 ' A M E R IC A N L R S) HOTE CONVE T OFFICEMBIA (EXISTBUILDING TO ING) 78' APPROVED PARKING AREA (137 SPACES) PROPOSED DRIVEWAY " EXISTING FRAME BUILDING SILL CONC. ASPHALT UT E 12 0) PROPOSED PARKING SPACES PROPOSED CURBLINE PROPOSED BUILDING EXISTING BUILDING TO BE CONVERTED FROM OFFICE TO HOTEL EXISTING BUILDING / PARKING STRUCTURE EXISTING TREELINE PREVIOUSLY APPROVED BUILDING REVOCABLE EASEMENT LINE IRREVOCABLE EASEMENT LINE PROPERTY LINE 12' WIDE PERVIOUS GRAVEL ACCESS SERVICE AREA A-11 A-10 A-9 POTENTIAL RIGHT-IN/RIGHT-OUT CURB-CUT G LAND WET UPLAND A-4 A-8 A-5 50' W CONS IDE IRRE ERVA VOCA TION EASE BLE MENT ILDIN T BU RE MEN U ART TRUCT S L AP EVE RKING S L 5 ED VEL PA 1 UNIT S 15 POS ACE PRO ER 3 LE 0 SP 33 V O 90' EXISTI NG PO WATER ND (J UL Y,ELEV ) 5 CTED PERIODICALLY FOR FUEL, OIL AND GREASE LEAKS. FUEL CONTAINERS D SURFACE WATER AS POSSIBLE AND ARE TO BE PLACED IN FUEL TRAPS RIALS SUCH AS PLASTIC LINING. THESE MEASURES SHALL BE ENUMERATED LEGEND A-7 A-6 CONS NT 60 POTENTIAL STORMWATER AREA REVO ERVA CABLE TION EASE ME 0 1 APPROVED STORMWATER MANAGEMENT AREA ( IN FEET ) 1 i n c h = 60 ft. 120 GRAPHIC SCALE PROPOSED GATE TO EMERGENCY ACCESS PROPOSED SANITARY PUMP STATION 360 TREET ( NY S RO K I NG S UT E 12' WIDE PERVIOUS GRAVEL ACCESS 5 7 POTENTIAL STORMWATER AREA ) N/F TAKEDA T EN R E R EVO V A CA TIO BLE NE AS EM NS CO ETAINED IN ALL AREAS NOT PROPOSED FOR REGRADING OR DEVELOPMENT, TREET AND COONEY HILL ROAD. EXISTING STONE WALLS SHALL BE NSTRUCTED AS NECESSARY IN ORDER TO PROVIDE A CONTINUOUS STONE NEY HILL ROAD RIGHTS-OF-WAY WITH THE EXCEPTION OF THE TAKEDA 66' ROAD HILL NEY RD PARTY FOR A STANDALONE DEVELOPMENT. 5 CO 0' WID NS ER E IR VA R E TIO VO N E CA AS B L E EM EN T COO LOPMENT, ANY SUCH LIMITATION OR RESTRICTION WOULD NOT PROHIBIT RIAN WALKING PATHS, WATER WELLS, UTILITY LINES, OR STORMWATER ATER MITIGATION REQUIRED BY NYCDEP IN CONNECTION WITH ITS REVENTION PLAN TO THE EXTENT THAT SUCH MITIGATION CANNOT OF THE CONSERVATION EASEMENT AREA, RELATED TO THE DULY SITE, OR NECESSARY TO IMPLEMENT THE MITIGATION FEATURES OF THE NTS SHALL NOT BE AFFECTED BY THE CONSERVATION EASEMENT OR TATION SO IMPOSED REDUCE THE LOTS AREA(S) FOR PURPOSES OF BULK SETBAC 113 KING STREET LAND Source: Perkins-Eastman; JMC Site Development Consultants WET CONC 26 ' 12 ' K 22 ' 58 ' Figure 3 Proposed Site Plan

11 the Applicant would consider increasing the irrevocable conservation easement area to include the currently revocable portion. This would increase the irrevocable conservation easement area from 1.95 acres to a total of 7.95 acres. Purpose and Need As described in the Applicant s petition, the downturn in the economy precluded MBIA from undertaking any of the approved additional expansion. Ultimately, MBIA moved out of its corporate headquarters and sold the property to the Applicant. Changing market conditions have put significant pressure on large office campus parcels. Since its acquisition of the property in 2015, the Applicant has been marketing the property to potential tenants, to date without success. The purpose of the Proposed Action is to provide a solution to these challenges with respect to the Project Site, in keeping with the needs of the Town. The Town of North Castle recently completed the process of updating and revising its 1996 Comprehensive Plan. The new Comprehensive Plan was adopted on April 25, As part of that process, the Town considered, among numerous other matters, current market conditions with respect to office campuses such as the Project Site. The Project Site is specifically referenced in several places in the updated Comprehensive Plan with respect to both its locational importance and the need to expand its development potential to accommodate a mix of infill development including, but not limited to, residential, office and hotel uses. Required Approvals The Proposed Action requires the approvals listed below. The governmental agencies responsible for those approvals, identified in parentheses, are known as Involved Agencies pursuant to SEQRA. Zoning Text Amendment (Town Board) Preliminary Development Concept Plan Approval (Town Board) Special Permit for Hotel, Multi-Family, and Townhouse (Town Board) Site Plan Approval (Planning Board, Town of North Castle) Subdivision Approval (Planning Board, Town of North Castle) Wetland Buffer Disturbance (Planning Board, Town of North Castle) Tree Removal (Planning Board, Town of North Castle) MS4 (Stormwater) Approvals (Town Engineering Consultant) Connections to North Castle Sewer District #3 (Town of North Castle Water and Sewer Department) Driveway Permit (Town of North Castle Highway Department) Building Permit (Town of North Castle Building Department) Water System Approval/Realty Subdivision (Westchester County Department of Health) Sanitary Sewer Allocation (Westchester County Department of Environmental Facilities) SPDES General Permit for Stormwater Discharges from Construction Activity (New York State Department of Environmental Conservation (NYSDEC)) Water Withdrawal Permit (NYSDEC) Stormwater Pollution Prevention Plan Approval (New York City Department of Environmental Protection) Curb Cut, if any, to King Street (New York State Department of Transportation) Section Review (NYS Office of Parks, Recreation and Historic Preservation) Building Permit Review, Westchester County DPW/DOT ( 239-f of GML) 8/28/ DRAFT

12 In addition to the above approvals, pursuant to of the Westchester County Administrative Code, the Proposed Zoning must be referred to the Westchester County Planning Board prior to final action by the Common Council and the site plan must be referred at least 30 days prior to final action. Potential Environmental Impacts The SEQRA Determination of Significance adopted by the Town Board found that the Proposed Action, when compared to the SEQR criteria of environmental effects listed in Section of the SEQR regulations, may have significant impacts on the environment by virtue of the following, which potential should be assessed in a Draft Environmental Impact Statement: The Proposed Action would result in excavation and other disturbance on several acres of currently undeveloped land. Construction of the Proposed Project would occur in more than one phase. Increased stormwater runoff and erosion resulting from site disturbance and construction of new impervious surfaces in the form of structures, access roads, and residential lots may impact surface water, specifically the nearby Kensico Reservoir which is part of the New York City watershed system. In addition, surface water and groundwater may be impacted by the introduction of fertilizers and pesticides associated with new residential uses. The Proposed Action would involve site disturbance and new construction proximate to federally regulated freshwater wetlands. The Proposed Action would result in an increased demand on water delivery and sewage disposal systems. The Proposed Action may impact the habitat of species that have been identified as species of special concern, endangered and/or threatened (including the bald eagle). The Proposed Action would occur within an area identified as potentially sensitive for archaeological resources. The Proposed Action would result in the placement of new residential and hotel uses in an area between the 60 DNL and 65 DNL noise contours for Westchester County Airport. The Proposed Action would result in an increase in daily vehicle trips, which may impact the surrounding roadway network. The Proposed Action would result in an increased demand for energy. There is a completed emergency spill remediation on the site of the Proposed Action, which may have impacted the existing structures to be modified as well as the subsurface conditions of the Project Site. The Proposed Action may create a demand for additional community services (e.g. schools, police and fire). DRAFT 5 8/28/2018

13 Required Elements of the DEIS The DEIS shall contain an analysis of environmental impacts in the subject areas outlined below: A description of the Proposed Action and its environmental setting; A statement of the environmental impacts of the Proposed Action, including its short- and long-term effects, and typical associated environmental effects; An identification of significant adverse environmental effects that cannot be avoided if the Proposed Action is implemented; A discussion of the Alternatives to the Proposed Action; An identification of irreversible and irretrievable commitments of resources resulting from implementation of the Proposed Action; and, A description of mitigation measures proposed to minimize or avoid significant adverse environmental impacts of the Proposed Action. Organization and Expected Content of the DEIS COVER SHEET AND GENERAL INFORMATION The Cover Sheet shall identify: the Proposed Action; its location; the name, address, and phone number of the Lead Agency; the name and address of the Preparer of the DEIS; the document as a Draft Environmental Impact Statement; the Date of Acceptance of the DEIS by the Lead Agency; and the date of the Public Hearing and the closing 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 and their respective roles. The DEIS shall include a list of all Involved and Interested Agencies to which copies of the DEIS and supporting material will be distributed. A Table of Contents followed by a List of Tables and List of Figures shall be provided. 1. EXECUTIVE SUMMARY 1.1. INTRODUCTION, PURPOSE OF DOCUMENT 1.2. SUMMARY DESCRIPTION OF THE SITE Project Site and its Environmental Setting Current on-site Buildings and Improvements Currently Approved Development Plan 1.3. SUMMARY OF THE PROPOSED ACTION Proposed Zoning Proposed Project The section should describe the Preliminary Development Concept Plan, including access to the Site, arrangement of uses, design and layout of proposed Site improvements, and a description of the anticipated construction phasing, if known. 8/28/ DRAFT

14 1.4. PURPOSE AND NEED 1.5. SUMMARY OF IMPACTS AND MITIGATION MEASURES 1.6. DESCRIPTION OF ALTERNATIVES ANALYZED 1.7. LIST OF 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 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 and improvements. Describe the Site s environmental setting and its relationship to neighboring properties. The description should include a discussion of the Site s natural and man-made features, its built character, and its location relative to transportation corridors, the Westchester County Airport, the Kensico Reservoir, and the hamlet and other population and service centers CURRENTLY APPROVED DEVELOPMENT PLAN Identify and describe the Site s development history, including a description in text and graphics of the development plans that are currently approved for the Project Site PROPOSED ZONING Describe the zoning text amendments proposed, including a comparison to the current DOB-20A regulations. Qualitatively describe the change in the development potential of off-site parcels within the DOB-20A zoning district as a result of the Proposed Zoning PROPOSED PROJECT Describe in text and graphics the uses and buildings proposed, inclusive of Site access and internal Site-circulation, utilities, landscaping, grading, drainage, and the parking and loading facilities for each project component. The chapter will include graphic depictions of the Proposed Project, including site plans, building elevations, and building massings or renderings to supplement the narrative descriptions provided. Compare the salient programmatic and physical attributes of the Proposed Project to the currently approved development plan for the Project Site PURPOSE AND NEED Description of the Applicant s purpose and need for the Proposed Action REQUIRED APPROVALS List the approvals required by Town, County, and State agencies. DRAFT 7 8/28/2018

15 3. LAND USE, ZONING, AND PUBLIC POLICY This Chapter should discuss the potential impacts of both the Proposed Project and the Proposed Zoning, as described below INTRODUCTION AND SUMMARY OF FINDINGS Summarize the key findings of the consistency of the Proposed Action with existing proximate land uses and applicable public policies, and measures proposed to mitigate impacts from the Proposed Action LAND USE & ZONING Current Conditions Describe the existing land uses and zoning for the Project Site and those Sites within ½ mile of the Project Site and the DOB-20A zoning district Future Without the Proposed Action Describe known land use and zoning changes expected to occur within ½ mile of the DOB-20A in the future without the Proposed Action Potential Impacts of the Proposed Action Describe the land uses proposed to be added as permitted uses within the DOB- 20A zoning district and their compatibility with surrounding land uses. Discuss the proximity of the DOB-20A to nearby population and service centers. Describe the zoning changes proposed by the Applicant and their consistency with the intent of the DOB-20A and surrounding zoning districts. Describe the Proposed Action s compliance with Town regulations regarding affirmatively furthering fair housing (AFFH) PUBLIC POLICY Analyze the consistency of the Proposed Action with the Applicable portions of the following adopted policy documents and policies: Town of North Castle Comprehensive Plan, Westchester County s Patterns for Westchester and Westchester GEOLOGY, SOILS AND TOPOGRAPHY This Chapter should focus on the specific potential impacts of the Proposed Project. The Proposed Zoning would not substantively change the range of potential impacts to geology, soils and topography that could occur within the DOB-20A zoning district from what is currently permitted by the Town s zoning INTRODUCTION AND SUMMARY OF FINDINGS Summarize the key findings of the existing site conditions, the analysis of the potential impacts of the Proposed Project, and measures proposed to mitigate impacts from the Proposed Project EXISTING CONDITIONS Identify the major geologic, soil, and topographical conditions on the Project Site, focusing on the suitability of the Site for development using published data (i.e., USDA- NRCS Web Soil Survey and a site specific geotechnical engineering report, and 8/28/ DRAFT

16 topographical data from a site survey. Slopes should be categorized according to the Town s definition of a steep slope in of the Zoning Code POTENTIAL IMPACTS OF THE PROPOSED PROJECT Describe potential impacts to bedrock, rock outcroppings and soil conditions as a result of the Proposed Project. Impacts of grading and excavation, including impacts to steep slopes, should be quantified (i.e., cut and fill) and discussed. Potential impacts with regard to soil erosion should be discussed. Identify areas, if any, where blasting may be required for construction of the Proposed Project MITIGATION MEASURES Summarize the measures that will be implemented to mitigate potentially adverse impacts resulting from the Proposed Project, including the proposed sediment and erosion control measures and preparation of a blasting plan prior to construction, if required. A detailed description of these mitigation measures should be provided in Chapter 17, Construction. 5. STORMWATER MANAGEMENT This Chapter should focus on the specific potential impacts of the Proposed Project. The Proposed Zoning would not substantively change the range of potential impacts to or from stormwater that could occur within the DOB-20A zoning district from what is currently permitted by the Town s zoning and other regulations INTRODUCTION AND SUMMARY OF FINDINGS Summarize the key findings of the existing conditions, the analysis of the potential impacts of the Proposed Action, and measures proposed to mitigate impacts resulting from the Proposed Action EXISTING CONDITIONS Identify and describe existing drainage patterns on the site and within surrounding offsite areas located within the same drainage basin(s), inclusive of the stormwater s eventual discharge to the Kensico Reservoir. Discuss the relationship of the Project Site and the Site s drainage to the New York City Watershed. Calculate and describe the pre-development peak runoff volumes and rates for the 1-, 10-, and 100-year storm events. Describe the existing stormwater runoff quality POTENTIAL IMPACTS OF THE PROPOSED PROJECT AND MITIGATION MEASURES Describe and show in graphics the proposed post-construction stormwater management system, including changes to existing drainage patterns and subsurface conveyance systems. Calculate and describe the post-development peak run-off rates and volumes for the 1-, 10- and 100-year storm events using a methodology in conformance with the Natural Resources Conservation Service Technical Release Number 55 (TR-55) and specific to Westchester County. Describe the potential impacts to downstream wetlands, ponds, streams, and the Kensico Reservoir. DRAFT 9 8/28/2018

17 Prepare preliminary stormwater quality calculations to satisfy the requirements of the Town of North Castle, NYCDEP, and NYSDEC. Prepare a Preliminary Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the Town of North Castle (Chapter 267, Stormwater Management, of the Town Code), NYCDEP, and NYSDEC, including those with respect to stormwater quality, quantity, and green infrastructure. The SWPPP will include treatment of pollutant loading associated with the 1-year storm event under seasonal high water conditions and will include an analysis that models total suspended solids, total nitrogen, total phosphorus, and biochemical oxygen demand as required by the applicable NYCDEP regulations. The SWPPP shall include a maintenance program to inspect, repair, and clean out proposed stormwater management facilities on an ongoing basis. Describe the operational policies included as part of the Proposed Project to minimize pollutant loading to stormwater runoff. Qualitatively compare the potential stormwater impacts and mitigation measures included as part of the Proposed Project to the Site conditions that existed at the time that the currently approved development plan was proposed. 6. SURFACE WATER AND WETLANDS This Chapter should focus on the specific potential impacts of the Proposed Project. The Proposed Zoning would not substantively change the range of potential impacts to surface water and wetlands that could occur within the DOB-20A from what is currently permitted by the Town s zoning and other regulations INTRODUCTION AND SUMMARY OF FINDINGS 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 EXISTING CONDITIONS Describe and map surface water or wetland features, including their State- or Townregulated adjacent areas, on or adjacent to the Project Site based on published data (e.g., City, State, or federally mapped wetlands), data received from the NYSDEC or NYCDEP, and investigations performed by the Applicant in accordance with the requirements of Chapter 340, Wetlands and Watercourse Protection, of the Town Code and applicable State and Federal regulations. Identify the agency(ies) that regulate the wetlands, waterbodies, or their adjacent areas on or proximate to the Project Site. Describe existing on-site surface water quality and wetland conditions based on a functional assessment of each Site-delineated wetland. Describe the existing condition and function of the wetland adjacent areas POTENTIAL IMPACTS OF THE PROPOSED PROJECT Identify and describe in text and graphics the direct or indirect impacts to surface waters or wetlands and their adjacent areas as a result of the Proposed Project. Identify the State and local permits required for such disturbance. 8/28/ DRAFT

18 Compare the potential impacts to surface waters or wetlands and their adjacent areas as a result of the Proposed Project to the Site conditions that existed at the time the currently approved development plan was proposed MITIGATION MEASURES Describe the measures required to mitigate the impacts to wetland adjacent areas as a result of the Proposed Project, in accordance with the NYSDEC requirements and the requirements of Chapter 340 of the Town Code. Demonstrate the ability of the future Site Plan to accommodate wetland adjacent area mitigation on the Project Site. 7. VEGETATION AND WILDLIFE This Chapter should focus on the specific potential impacts of the Proposed Project. The Proposed Zoning would not substantively change the range of potential impacts to vegetation and wildlife that could occur within the DOB-20A zoning district from what is currently permitted by the Town s zoning INTRODUCTION AND SUMMARY OF FINDINGS 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 resulting from the Proposed Project EXISTING CONDITIONS Identify the general vegetative communities and habitat types located on and immediately adjacent to the Project Site based on recent Site reconnaissance. Identify the prominent wildlife species observed or expected to occur on the Project Site. Using information from Federal, State, and County resources, supplemented with field inspections, identify known protected plants or habitats on the Project Site and protected species known to occur or that have the potential to occur on the Project Site. The NYSDEC has indicated that individual Bald Eagles, a New York State Threatened species, as well as Bald Eagle nests, have been documented proximate to the Project Site. The USFWS identified the Indiana Bat and Norther Long-eared Bat as potentially present within the area surrounding the Project Site. Prepare a tree inventory, including all municipally owned trees, for the Project Site as to type, location, size, and condition for trees as defined in of the Town Code. Identify and locate on a map all significant trees, pursuant to Chapter 308 of the Town Code. Compare the existing tree coverage of the Project Site to the condition of the Project Site that existed at the time the currently approved development plan was proposed POTENTIAL IMPACTS OF THE PROPOSED PROJECT Identify and assess the potential direct impacts to existing vegetative communities or wildlife habitat as a result of the Proposed Project. Identify and assess the potential direct and indirect impacts to the wildlife presently occurring, or expected to occur, on the Project Site. Assess the potential direct and indirect impacts to any protected species or habitat that occur, or have the potential to occur, on the Project Site. With respect to DRAFT 11 8/28/2018

19 the Bald Eagle, impacts should be assessed following the National Bald Eagle Management Guidelines, published by the US Fish and Wildlife Service (USFWS). Potential impacts to the Bald Eagle during the construction of the Proposed Project, including those relating to habitat impacts as well as impacts from noise, should be discussed in this Chapter. Compare the potential impacts to vegetation and wildlife as a result of the Proposed Project to the Site conditions that existed at the time the currently approved development plan was proposed. Identify the trees to be removed by the Proposed Project and those that may be threatened by construction or operation of the Proposed Project, including the installation of utility service. Describe the proposed landscape concept plan, including typical species and location of plantings MITIGATION MEASURES Describe measures that will be implemented to mitigate potentially adverse impacts resulting from the Proposed Project. Identify and describe the approximate number, species, and location of trees to be planted as part of the Proposed Project to replace the trees proposed to be removed. Describe the measures proposed to be included in the Site Plan to protect the trees that are proposed to remain on-site during and after construction of the Proposed Project. 8. CULTURAL RESOURCES Because the Proposed Project will require the preparation of a Stormwater Pollution Prevention Plan (SWPPP), the Proposed Project is subject to compliance with the January 2015 Letter of Resolution (LOR) executed between the New York State Department of Environmental Conservation (NYSDEC) and the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) pursuant to Section of the New York State Park Recreation and Historic Preservation Law (Section 14.09). Therefore, the cultural resources analysis will necessarily be Project-specific INTRODUCTION AND SUMMARY OF FINDINGS Summarize the conclusions of the cultural resources analysis and consultation with OPRHP. Describe measures proposed to mitigate anticipated adverse impacts to cultural resources, if any, that could result from the Proposed Project ARCHAEOLOGICAL RESOURCES The Project Site is located in an area indicated as potentially sensitive for archaeological resources by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP). Consultation with OPRHP is necessary to determine whether the Project Site is itself considered sensitive for archaeological resources. If the Project Site is considered by OPRHP to be potentially sensitive for archaeological resources, the DEIS shall describe the Site s potential sensitivity pursuant to guidance from OPRHP and analyze the potential for the Proposed Project to adversely affect those resources HISTORIC RESOURCES The Project Site is not proximate to any known historic, or architectural, resources. If, after consultation with OPRHP, potential historic resources proximate to the Project 8/28/ DRAFT

20 Site are identified, the DEIS shall describe those resources and the potential for the Proposed Project to impact those resources. 9. VISUAL AND COMMUNITY CHARACTER This Chapter should focus on the specific impacts of the Proposed Project. The Chapter should also include a qualitative discussion of the potential for visual impacts to occur from development on or off of the Project Site within the DOB-20A that are different from those identified for the Proposed Project given the Proposed Zoning. Of specific importance are the potential locations for building massing and height given the Proposed Zoning INTRODUCTION AND SUMMARY OF FINDINGS Summarize the key findings of the existing conditions survey, the analysis of the potential impacts of the Proposed Action, and measures proposed to mitigate impacts from the Proposed Action EXISTING CONDITIONS Describe the existing visual character of the Project Site and the other parcels within the DOB-20A zoning district within the context of their surrounding area. The description should include text and graphics describing on- and off-site structures, their setbacks from adjacent streets, land-forms, vegetative cover, and illumination patterns as visible from public rights-of-way. Identify, describe, and document with photographs in both the leaf-on and leaf-off condition the views into the Project Site from the intersections of King Street with Cooney Hill Road and with the Site Driveway/American Lane, as well as from two other points along King Street: one south of Cooney Hill Road looking south; and, one north of the Site Driveway looking north POTENTIAL IMPACTS OF THE PROPOSED PROJECT Analyze the impacts to the existing visual and community character described above as a result of the Proposed Project. Specifically, analyze the changes to the community character as a result of the proposed building and landscaping program. Describe and visually demonstrate the changes to the views into the Project Site from the publicly accessible vantage points described above using a combination of photographs depicting the existing conditions and simulations depicting the proposed future conditions, supplemented as necessary by section drawings. A comparison between views in the leaf-on and leaf-off condition should be provided. Describe and locate on a plan the generalized zones of outdoor site lighting that could be expected with the Proposed Project POTENTIAL IMPACTS OF THE PROPOSED ZONING Qualitatively discuss the potential for changes to visual and community character from development within the DOB-20A zoning district that could occur as a result of the Proposed Zoning. Discuss potential changes to open space and landscaping as a result of the Proposed Zoning that could impact visual and community character. DRAFT 13 8/28/2018

21 9.5. MITIGATION MEASURES Identify and describe measures to avoid or mitigate significant adverse visual or community character impacts that may result from the Proposed Action. 10. COMMUNITY FACILITIES This Chapter should focus on the potential impacts of the Proposed Project. A qualitative analysis of the potential cumulative impacts of the Proposed Zoning on public safety and public education services should be provided, as noted below INTRODUCTION AND SUMMARY OF FINDINGS Summarize the key analysis of the potential impacts of the Proposed Action, and measures proposed to mitigate impacts from the Proposed Action PUBLIC SAFETY Existing Conditions Describe the existing police, fire, and emergency medical services protection for the Project Site and the DOB-20A zoning district, including staffing levels and patrol frequency, as available. Based on information obtained by the various service providers, include a history of calls to the Project Site during the past three years Future Without the Proposed Project Describe and analyze changes to the service levels of the emergency service providers that are expected to occur in the future without the Proposed Action based on information supplied, if any, from the service providers or the Town. Describe the anticipated need for emergency services at the Project Site in the future without the Proposed Project Potential Impacts of the Proposed Project Using information from the service providers and the Town, describe the anticipated need for emergency services from the various uses proposed on the Project Site and assess the capability of the emergency service providers to meet the projected demands of the Proposed Project. Describe, in text and graphics, the emergency vehicle access provided by the Proposed Project. Qualitatively describe the potential for off-site or cumulative impacts to public safety services as a result of the Proposed Zoning Mitigation Measures Identify and describe measures to avoid or mitigate significant adverse impacts on emergency services as a result of the Proposed Action. Discus the potential changes in property tax revenue that are likely to occur in the future with and without the Proposed Project. 8/28/ DRAFT