DELBELLO DONNELLAN WEINGARTEN WISE & WIEDERKEHR, LLP

Transcription

1 .. ". Peter J. Wise Partner DELBELLO DONNELLAN WEINGARTEN WISE & WIEDERKEHR, LLP COUNSELLORS AT LAW THE GATEWAY BUILDING ONE NORTH LEXINGTON AVENUE WHITE PLAINS, NEW YORK Connecticut Office 1111 SUMMER STREET STAMFORD, CT (203) (914) FACSIMILE (914) August 5, 2015 By Hand Delivery Supervisor Michael J. Schiliro Members of the Town Board Town of North Castle 15 Bedford Road Armonk, New York Chairman Arthur Adelman Members of the Planning Board Town of North Castle 17 Bedford Road Armonk, New York Re: Brynwood Golf & Country Club: 568 Bedford Road, Armonk, New York Dear Supervisor Schiliro, Chairman Adelman and Members of the Town Board and Planning Board: We represent Brynwood Partners LLC (the "Applicant"), the owner of the approximately 156 acre property (the "Site") on Bedford Road designated on the Town of North Castle tax map as Section 2, Block 8, Lot 7.CIA, and currently improved with the existing 18 hole golf course and other facilities ofthe Brynwood Golf & Country Club (the "Club"). As you know, the Applicant intends to develop a portion of the Site as a residential "Golf Course Community" geared to an active adult lifestyle, in which all homeowners of market-rate residences will be required to be members of the Club, and to make substantial improvements to the golf course and Club facilities, including construction of a new clubhouse (the "Project"). The Applications In response to comments on the Draft Environmental Impact Statement for the Project, the Applicant proposed two alternative development scenarios in the Final Environmental Impact Statement, which were subsequently modified to reduce the proposed density of development of

2 Supervisor Michael 1. Schiliro and Chainnan Arthur Adelman Members of the Town Board and Planning Board August 5, 2015 Page 2 the Golf Course Community: in the first scenario, the Applicant would construct a total of seventy-three (73) residences on the Site (56 market rate fee-simple attached residences, 10 feesimple detached Golf Cottages, and 7 "Affordable Affirmatively Furthering Fair Housing" ("AFFH") fee-simple, or rental, units); in the second, the Applicant would construct a total of seventy-three (73) market rate residences (63 fee-simple attached residences and 10 fee-simple detached Golf Cottages) on the Site, and either construct seven (7) AFFH rental and/or for-sale units off-site, or acquire existing (or approved but not yet constructed) off-site residential units and make them AFFH units subject to regulation under Section of the Town Code, at one or more locations identified by the Applicant, and approved by the Town Board. On June 10,2015, the Town Board issued its State Environmental Quality Review Act ("SEQRA") lead agency Finding Statement for the Project, and adopted amendments to the Town Zoning Code establishing a new "Golf Course Community Floating Overlay District" ("GCCFO District") that can be applied in the R-2A One-Family Residence District, and to the special permit requirements for "membership clubs." On June 24,2015, the Town Board mapped the GCCFO District on the Site l. The Applicant now formally applies (i) to the Town Board, for amended special permit approval ofthe Club; and (ii) to the Planning Board, for site development plan approval, preliminary subdivision approval, a wetlands permit, and a tree removal permit, all for the development on the Site of the Golf Course Community with a total of seventy-three (73) units, and improvements to the golf course and Club facilities (the "Club Improvements"). A completed form of "omnibus" application for all ofthe requested approvals, dated August 5, 2015, is enclosed, and a check payable to the Town will be delivered tomorrow, in the amount of $11,395.00, for the following required application fees: Golf Course Community site plan approval- $7,300.00; Club Improvements site plan approval- $1,980.00; amended special permit approval ofthe Club - $1,090.00; preliminary subdivision approval - $ ; wetlands permit $250.00; tree removal permit - $ Approval Process The Applicant is committed to the Project, and would like to start work on the golf course as soon as possible, preferably this fall. To permit that work to be accomplished before winter, and all other components ofthe Project to be commenced as expeditiously as possible after winter conditions abate, the Applicant proposes that the Project be reviewed and approved sequentially, in the following three principal phases: The first phase would be the approval by the Town Building Department and Consulting Town Engineer of certain items of golf course work which the Applicant would identify, for which only a building permit would be required; this work to tee boxes, etc. would be of the I Corresponding amendments to the Town Comprehensive Plan (Update) and Town Development Plan were also adopted by the Town Board. 2 Three (3) lots are initially proposed: 1 lot for the Golf Course Community; 1 lot for the clubhouse and Club core facilities; and 1 lot encompassing the golf course/conservation easement area. It is anticipated that ultimately, a total of 75 lots will be proposed: 73 lots for the Golf Course Community; 1 lot for the clubhouse and Club core facilities; and 1 lot encompassing the golf course/conservation easement area _3

3 Supervisor Michael J. Schiliro and Chainnan Arthur Adelman Members of the Town Board and Planning Board August 5,2015 Page 3 same type as historically approved by the Building Department for improvements in the ordinary course of operation and management of a golf course; The second phase would be (i) site plan approval, a wetland permit, and a tree removal permit, from the Planning Board 3, and (ii) amended "membership club" special permit approval from the Town Board, for the Golf Improvements for which these approvals are required, and which therefore cannot be approved solely by the Building Department and implemented as part of the first phase 4 ; and The third phase would be site plan approval of the Golf Course Community, and preliminary and final subdivision approvals for the Project, all from the Planning Board. The application for a building permit for any first phase improvement(s) that would disturb one acre or more of the Site, and the site plans for the second and third phase improvements, would each be accompanied by a Storm Water Pollution Prevention Plan (with required erosion and sediment control plan) (a "SWPPP") that addresses not only the specific improvements proposed to be constructed, but which also appropriately accounts for the entire Project, so that measures implemented in any phase are properly integrated with measures for any subsequent phases. The engineered site plan and preliminary subdivision plat ofthe Project are currently being prepared, but will not be submitted in time for consideration by the Planning Board in September. Notwithstanding this, we thought the Planning Board might find it constructive if the Applicant presented the "master plan" of the golf course at your September 10, 2015 meeting, so that the Planning Board can begin its review of the golf course improvements that will be part of the second approval phase. Accordingly, we enclose for the Planning Board's informal review the current "Illustrative Golf Course Plan" for the Project, prepared by Rees Jones, Inc. and Hart Howerton, and dated August 5,2015. The Applicant looks forward to discussing the Illustrative Golf Course Plan with the Planning Board on September 10, Enc. cc: Adam Kaufman, AlCP, Planning Director Roland A. Baroni, Jr., Esq., Town Attorney PETERJ. WISE 3 Prior to issuing these approvals, the Planning Board would be required to adopt its "involved agency" a written findings statement under SEQRA. 4 The Applicant intends to submit a petition to the Town Board for extension of Water District No. 2 in time for initial consideration at the Town Board's September 9,2015 meeting. The Applicant acknowledges that a plan for potable water supply is a required component of the second and third phases, and that if the Town Board declines to extend Water District No. 2, a suitable plan for on-site supply will be required. 5 Each SWPPP that precedes the submission of the site plan for the Golf Course Community would account for that component of the Project by assuming the "worst case," which is that storm water generated from that portion of the Site would be the same as existing _3

4 Supervisor Michael J. Schiliro and Chainnan Arthur Adelman Members of the Town Board and Planning Board August 5, 2015 Page 4 Edward Baquero Jeffrey B. Mendell Megan Maciejowski Ian Klein Mark P. Weingarten, Esq. Bonnie Von Ohlsen, RLA Bob Roth, P.E )

5 " TOWN OF NOR1H CASTLE WESTGIESITR CDUNfY 17 Bedford Road Armonk, New York PLANNING DEPAR1MENT Telephone: (914) Fax: (914) Application for Site Development Approval Application for Preliminary Subdivision Approval Application for Amended "Membership Club" Special Permit Approval Application for Wetlands Permit Application for Tree Removal Permit Application Name: Brynwood Golf & Country Club

6 .. 1. IDENTIFICATION OF PROPERTY OWNER, APPLICANT AND PROFESSIONAL REPRESENTATIVES... Nal~~~fPropetiy O~er: l?rymvoodj)ll.!"tners LLC. Mailing Address: c/o Corigill., 505 Fifth Avenue, New York, New York Telephone: Fax: Name of Applicant (if different): Address of Applicant Telephone: Fax: e..;mail: Interest of Applicant, if other than Property Owner: Name of Professional Preparing Site Plan: JMC PLLC Address: 120 Bedford Road, Armonk, New York Telephone: Fax: Name of Other Professional: Hart Howerton Address: 10 East 40 th Street, 39 th Floor, New York, New York ~~._,,,. ".A _. _ _ ,"... '".... _... _. _... ". _ _ : _ T.e.1.ephgne: ; Fax: nemmons@harthowerton.com Name of Other Professional: Rees Jones, Inc. Address: 55 South Park Street, Montclair, New Jersey Telephone: Fax: bswans~n@re~sjonesinc.com... Name of Attorney (if any): DelBello Donnellan Weingarten Wise and Wiederkehr, LLP Address: I NOlth Lexington Avenue, Floor 11, White Plains, New York 'Tel~ph()I1~: Fax: By making this application, the undersigned Applicant agrees to permit Town officials and their designated representatives to conduct on-site inspections in connection with the review of this application. The Applicant also agrees to pay all expenses for the cost of professional review services required for this application. It is further acknowledged by the Applicant that all bills for the professional review services shall be mailed to the Applicant, unless the Town is notified in writing by the Applicant at the time of initial submission of the application that such mailings should be sent to a designated representative instead.

7 Signature of Applicant: BRYNWOOD PARTNERS LLC By: f& W 6\r-J ~'bl"r;:.rb Date: "6{S /1 S IDENTIFICATION OF SUBJ i CT PROPERTY Street Address: 568 Bedford Road Location (in relation to nearest intersecting street): feet (nolth, south, east or west) of Abutting Street(s): Bedford Road (NYS Route 22) Tax Map Designation (NEW): Section _"""2 Block _--",-8 Lot Tax Map Designation (OLD): Section Block Lot Zoning District: R- 2A/GCCFO Total Land Area AP..I~rox. 156 Acres Land Area in North Castle Only (if different) Fire District( s) Annonk School District(s) Jiy,ram Hills Central Is any portion of subject property abutting or located within five hundred (500) feet of the following: The boundary of any city, town or village? No-1L- Yes (adjacent) If yes, please identify name(s): Yes (within 500 feet) The boundary of any existing or proposed County or State park or any other recreation area? No~ Yes (adjacent) Yes (within 500 feet) 7.CIA The right-of-way of any existing or proposed County or State parkway, thruway, expressway, road or highway? No Yes (adjacent) ---X-Yes (within 500 feet) The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines? No~ Yes (adjacent) Yes (within 500 feet) The existing or proposed boundary of any county or State owned land on which a public building or institution is situated? No~ Yes (adjacent) Yes (within 500 feet). The boundary of a farm operation located in an agricultural district? No~ Yes (adjacent) Yes (within 500 feet) Does the Property Owner or Applicant have an interest in any abutting

8 . ' propelty? No...K-Yes If yes, please identify the tax map designation of that propelty: III. DESCRIPTION OF PROPOSED DEVELOPMENT/SUBDIVISION Proposed Use: Improvements to the existing Membership Club and golf course (the "Club Improvements").;. and development of attached and detached single-family' residences (the "Golf Course Community'''). The P-miect will have three Cltphases: the first p-hase is improvements to the golf course for which amended lipecial permit approval, site p-ian approval, and a wetlands permit, are not re~uired (a tree removal p-ermit may' be re~uired); the second p-hase is the Club Imp-rovements for which amended sp-ecial permitapp-roval" site plan ap-p-roval, a wetlands permit, and a tree removal p-ermit are re~uired; and the third p-hase is construction ofthe Golf Course Community.:. Gross Floor Area: Existing: App-rox. 78,500 S.F. Proposed: To be Determ ined Proposed Floor Area Breakdown: Retail: To be Determined; Office: N/A; Industrial: N/A; Im;;titutional: N/A; Other Nonresidential: To be Determined; Other Non-residential Structures: To be Determined; Residential: To be Determined Number of Dwelling Units: 73 Number of Parking Spaces: Existing: 178 Required: ~(Club ),; 146 (Golf Course Community.). Proposed 178 (Club); To be Determined (Golf Course Community.). Number of Loading Spaces: Existing 1 (for the Club); Required 1.; Proposed 1 Type of Subdivision proposed: Conventional. X Conservation TotaL Number of Lots Proposed on Preliminary Subdivision Plat: Initially' 3 (1 lot for the clubhouse and Club core facilities; 1 lot encompassing the golf course/conservation easement area; 1 lot for the Golf Course Community:).; it is anticip-ated that ultimately', a total of75 lots will be P-l'<mosed (1 lot for the clubhouse and Club core facilities; 1 lot encompassing..1ill<..golf course/conservation easement area; and 73 for the Golf Course Community') Total Number of Lots Proposed in North Castle Only (if different): Are any new streets proposed? No -L Yes (No new public streets are proposed) Has the center line of each proposed street been staked? No --L Yes _--,------,----= lfno, please indicate the date by which such center lines will be staked: To be Determined Have the corners of each proposed lot been identified with appropriate stakes? No X Yes If no, please indicate the date by which such lot corners will be staked: To Be Determ ined Are any waivers fl'om the provisions of Chapter 213 (Zoning) or Chapter A216 (Subdivision of Land) of the North Castle Town Code requested? No X Yes_ If yes, please specify type:

9 , '.. Earthwork Balance (total of all phases): Cut 120,600 C. Y. (estimated); Fill 120,600 C. Y. (estimated) Will development on the subject property involve any of the following: Areas of special flood hazard? No X Yes _ (If yes, application for a Development Penn it pursuant to Chapter 109 of the Nmih Castle Town Code may also be required) Trees with a diameter at breast height (DB B) of 8" or greater? No Yes X (If yes, application for a Tree Removal Permit pursuant to Chapter 192 ofthe North Castle Town Code may also be required.) Town-regulated wetlands? No Yes X (If yes, application for a Town Wetlands Permit pursuant to Chapter 209 of the North Castle Town Code may also be required.) State-regulated wetlands? No X Yes :--=---: (If yes, application for a Stat.e Wetlands Permit Inay also be required.

10 .. ~.. " Ii / New Green Complex - -, -- - /\ Rebuild Greenside Bunkers New Tee Complex Rebuild Greenside Bunkers and New Fairway Approach.I r - \ -ij-::---,! \ -- Ne~ ~reen Complex I 1\ \ Rebuild Fairway and JL-\-r:::;~::;? New Fairway Bunker Rebuild Tee Complex Rebuild Green Complex and Greenside Bunkers.-----~ New Green Complex~---+O+1-i4Il\ New Tee Complex,.,-+--wi:-+-r-T- 2New Green Complex \ \ ~";:;;--;;~(r,1">::~--new Tee Complex Future Development,, ( To Historic Armonk BRYN~TOOD To Historic Bedford G!......!....!...!.....! o 1" 300 = 300' 600' at full size (11 x 17") Illustrative Golf Course Plan GO LF & COUNTRY CLUB HART!HOWERTON