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Greenburgh Town Board approves 68 rentals off Taxter Road
Release Date: March 14, 2014

The Greenburgh Town Board approved 68 rentals off Taxter Road (Avalon Green III) at our Town Board meeting last night. The civic leadership of the community did not object to the new units.  In fact, I don't recall any opposition to this proposal.

 

The Avalon Green application is interesting. In 1997 the owners of the site proposed 794 apartments. There was a major outcry from residents. Significant opposition. The Board reviewed the application. The E Irvington Neighborhood Association, chaired by Danny Gold) met with the applicant and negotiated a compromise. After more than 12 years of negotiations and public hearings a compromise was reached: 444 units. This was probably the longest review of any application.

 

the 444 apartments have been built. The community and town has had a chance to evaluate its impact. Many of the fears that residents initially had about the project were not realized. The school district was not overwhelmed with many school children.  Very few traffic problems.

 

When Avalon asked the town to approve 68 new rentals I initially expected some opposition. But, I was surprised. 

This is what happens when everyone works together --and when the community is given a chance to become part of the process.

PAUL FEINER

 

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CD 3 - 3/12/14

RESOLUTION APPROVING, WITH CONDITIONS, APPLICATIONS BY

AVALON GREEN III, LLC., FOR (1) AMENDED SITE PLAN APPROVAL FOR A

PROPOSED ADDITIONAL SIXTY EIGHT (68) MULTI-FAMILY RESIDENTIAL

UNITS KNOWN AS “AVALON GREEN III" AND (2) A SPECIAL PERMIT TO

INCREASE THE MAXIMUM NUMBER OF STORIES OF AVALON GREEN III

MULTI-FAMILY BUILDINGS; AND (3) A TREE REMOVAL PERMIT FOR THE

APPLICATION (CASE NO. TB 13-11)

WHEREAS, on April 8, 1997, the applicants’ predecessors in interest (Robert Martin Company

and Avalon Properties, Inc.) submitted applications to the Town for site plan approval of a 794 unit multifamily

residential rental community proposed to be developed at the Avalon Green II site, amended site

plan approval of Avalon Town Green to permit access to the Avalon Green II site and construction of an

accessory daycare and recreational facility with tennis courts at Avalon Town Green (the “Initial

Project”), and for a special permit to increase the maximum number of stories of the Avalon Green II

multi-family buildings from three (3) to four (4); and

WHEREAS, the Town Board of the Town of Greenburgh gave approval on April 28, 2010, for an

amended site plan application and special permit that allowed for the construction of four hundred and

forty four (444) of the five hundred and twelve (512) dwelling units that were studied and mitigated under

SEQRA, as part the original application; to the town; and

WHEREAS, on September 13, 2013, the Town Board received an application from Delbello,

Donnellan, Weingarten, Wise and Wiederkehr, LLP., on behalf of Avalon Green III, LLC (“Applicant”)

for (i) amended site plan approval of the multifamily residential community known as "Avalon Green";

(ii) a special permit under Section 285-40B(5) of the Town of Greenburgh Zoning Ordinance ("Zoning

Ordinance") to increase the height of proposed new buildings to four stories; (iii) a steep slope permit; and

(iv) a tree removal permit, affecting real property known and designated on the Tax assessment Map of

the Town as Parcel ID: 7.330-144-7 and situated on the eastside of Taxter Road, 2000 feet from Route

119 (the “Site”); and

WHEREAS, the property consists of approximately 85.41 acres and is located in the M-10 Multi-

Family Residence District; and

WHEREAS, the Applicant is proposing to construct sixty eight (68) additional residential units in

three (3) new buildings on the M-10 District portion of the Site, bringing the total number of units in the

M-10 District to 512, the number studied in the EIS as the proposed action; and

WHEREAS, one hundred thirty six (136) new parking spaces are proposed to serve the new units,

as well as one (I) new loading space; and

WHEREAS, no new building, or any other change, is proposed on the portion of the Site in the

M-6 Multifamily Residence District; and

WHEREAS, the Petition contains a long Environmental Assessment Form together with

supplemental information (the “EAF”); and

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WHEREAS, pursuant to Section 617.6(a)(1) of the regulations of the State Environmental

Quality Review Act (“SEQRA”), as soon as an agency receives an application for funding or approval of

an action, it must, among other things, make a preliminary classification of the action under SEQRA; and

WHEREAS, under SEQRA, the actions directly and indirectly proposed by the Petition are

classified as “Type I”; and

WHEREAS, pursuant to Section 617.6(b)(3) of the SEQRA regulations, when an agency

proposes to fund or approve a “Type I” action, it must, as soon as possible, transmit Part 1 of the EAF and

a copy of any application it has received to all potentially involved agencies and notify them that a lead

agency must be agreed upon within 30 calendar days of the date the EAF and application is transmitted to

them; and

WHEREAS, Section 285-58D(3) of the Zoning Ordinance requires that the Town Board refer

amended site plan applications to the Planning Board for a report and recommendation before a public

hearing is held on the application by the Town Board; and

WHEREAS, on Saturday, October 19, 2013, the Planning Board, held a noticed site visit; and

WHEREAS, on November 6, 2013, the Planning Board, at its regularly scheduled work session,

heard a presentation from the applicant on the Avalon III application; and

WHEREAS, on December 4, 2013 and January 15, 2014, the Planning Board, at public hearings,

heard presentations from the applicant on the Avalon III application; and

WHEREAS, on January 29, 2014, the Planning Board, with six (6) members present,

unanimously gave a positive recommendation for the amended site plan application and noted the

following conditions should be incorporated into any approval of the project:

1. The applicant shall install sidewalks as depicted on, “Taxter Road Sidewalk Analysis,”

prepared by Milone and MacBroom, dated November 11, 2013. Avalon Green III, LLC,

as the applicant, has agreed that the company would be responsible for snow removal on

all portions of the sidewalk in the Town’s right-of-way. If there are portions of these

sidewalks that are located on adjacent private property, the Avalon Green III, LLC or

successor shall seek and receive approval by the property owner to clear snow from that

portion of the sidewalk that is located on that property’s owner.

2. The applicant shall preserve the rock outcroppings as depicted on an exhibit entitled

“Rock Outcrop Photo Board,” dated November 15, 2013.

3. The applicant shall preserve and reroute the nature trail as depicted on a plan entitled

“Proposed Recreation Trail,” dated November 20, 2013. The final location of the trail

shall be coordinated on-site with the Town Forestry Officer. The Planning Board further

finds that the proposed approximately 800 linear ft. trail spur, shown on Exhibit A

(attached) in red dotted linetype should not be constructed in order to preserve a greater

contiguous undisturbed open space area in connection with the existing open space at

the high point of the site. The Planning Board notes that a continuous linear nature

path/walking trail would still exist without the spur, and remain a benefit for residents of

the site.”

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4. The applicant shall designate that, for a period of ninety-nine (99) years (the

“Affordability Period”), ten percent (10%) of the Project’s additional sixty-eight (68)

dwelling units (a minimum of (7) housing units) shall be “affordable housing” as

defined as dwelling units constructed for families whose annual income does not exceed

80% of the actual Westchester County median income (not capped), as defined and

periodically updated by the United States Department of Housing and Urban

Development, and the annual rental cost of which does not exceed 30% of said median

income or, for homeowners, the annual cost of the sum of principal, interest, taxes and

insurance (PITI) and common charges, as applicable, does not exceed 30% of said

median income (the “Affordability Standards”). The Town Board should include and

modify the original approval site plan conditions for the additional affordable units with

regards to affordability as part of any approvals for the new development.

5. The applicant shall notify residents of Avalon I and Avalon II regarding the date and

time of all Town Board public hearings through an email blast to its residents, and by

posting the notice on community information boards which are located in the lobby of

each building.

WHEREAS, the Planning Board further notes that it supports the land-banking of additional

unneeded off-street parking spaces in connection with the current proposal; and

WHEREAS, on February 28, 2014, the Town Board duly held public hearings on the Town

Board Applications, and heard all persons interested in the subject thereof who appeared at such time and

place, concerning the same; and

WHEREAS, at its regularly scheduled meeting on March 12, 2014, the Town Board declared

itself to be Lead Agency for the review of the application and issued a “Negative Declaration” for all

related actions thereto; and

WHEREAS, the Town Board Applications, the testimony at the public hearings, and all written

comments have all been duly considered by the Town Board;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh, in

the County of Westchester, hereby approves, with conditions, the Town Board Applications for (1) site

plan approval of Avalon Green III; (2) the Special Permit under Section 285-40B(5) of the Zoning

Ordinance; and (3) a Tree Removal Permit for the application, all as shown on the approved site plan

drawings listed in Appendix A; and

BE IT FURTHER RESOLVED, that the Town Board Applications are approved subject to the

following conditions:

1. The Planning Board Steep Slope Permit Approvals (the Planning Board Approval) are hereby

incorporated into this approval. If there is any conflict or inconsistency between the terms and

conditions of this approval and the terms and conditions of the Planning Board Approval, then the

Planning Board Approvals shall control.

2. The Applicant has prepared a SWPPP that conforms to the approved site plan. The Applicant, and

not the Town, shall be responsible for properly maintaining the stormwater detention/water quality

basins and associated utilities.

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3. The Applicant shall implement the Sediment Erosion and Control Plan during the period of Project

construction, and implement dust suppression techniques in accordance with best practices to

minimize dust generated as a result of construction activities.

4. The applicant shall preserve the rock outcroppings as depicted on an exhibit entitled “Rock Outcrop

Photo Board,” dated November 15, 2013.

5. The applicant shall preserve and reroute the nature trail as depicted on a plan entitled “Proposed

Recreation Trail,” dated November 20, 2013 and last revised on February 6, 2014. The final location

of the trail shall be coordinated on-site with the Town Forestry Officer.

6. The exteriors of Project buildings will be finished in colors that are compatible with the natural

background of Nob Hill, and the Applicant shall record a restrictive declaration in a form acceptable

to the Town Attorney requiring compliance with this condition in perpetuity. The Town’s

Commissioner for the Department of Community Development and Conservation shall be

responsible for monitoring compliance with this provision, and for determining whether the exterior

colors proposed to be utilized at the Project are compatible with the natural background.

7. The Applicant shall operate a shuttle service for residents of Avalon Town Green and Avalon Green

II & III to the rail stations at Tarrytown, Irvington and White Plains, as well as nearby BEE-Line

bus stops, as demand warrants. Shuttle service will be provided Monday through Friday from 6 AM

to 10 AM and from 3 PM to 7 PM, except on major holidays. The fare for such shuttle service shall

be set at a level that is comparable to similar operations at other locations. The shuttle shall operate

along a route and in accordance with a schedule established by the Applicant. The shuttle service

shall be placed in operation prior to the issuance of a Certificate of Occupancy for the Project, and

shall be operated at a level commensurate with demand. The service will be monitored by the

Applicant, and reports of its utilization shall be provided to the Town's Commissioner for the

Department of Community Development and Conservation on an annual basis. Subsequent to three

years after the Project is completed, the Applicant may petition the Town Board to discontinue or

cut back the shuttle service due to a deficiency of demand. Upon receipt of such petition and notice

to the residents of the Project, and after a public hearing, the Town Board may, in its discretion,

suspend, curtail or take such other action as it deems appropriate with respect to the shuttle service.

8. The Applicant shall install sidewalks as depicted on, “Taxter Road Sidewalk Analysis,” prepared by

Milone and MacBroom, dated November 11, 2013. Avalon Green III, LLC, as the applicant, has

agreed that the company would be responsible for snow removal on all portions of the sidewalk in

the Town’s right-of-way. If there are portions of these sidewalks that proposed to be located on

adjacent private property, the Avalon Green III, LLC or successor shall seek and receive approval

by the property owner to construct the sidewalk on private property and to clear snow from that

portion of the sidewalk that is located on that owner’s property.

9. To minimize disruptions to area traffic flow, the Applicant shall restrict travel by heavy construction

vehicles on adjacent roads during the peak hours (7-9 AM and 4-6 PM).

10. The Applicant shall investigate the feasibility and effectiveness of providing a westbound left turn

lane (or an extension to the existing left turn lane) on Route 119 at Taxter Road, located within the

Village of Elmsford. The investigation shall include collecting peak hour turning movement counts

after construction and substantial occupancy of the Project and performing a capacity analysis in

accordance with the Highway Capacity Manual. If such analysis demonstrates, in the judgment of

the Town's traffic consultant, that this measure is both feasible and effective, the Applicant will

work with the NYSDOT to reconstruct the intersection to add an additional left turn lane (or extend

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the existing turning lane). All expenses related to the evaluation, design and construction of such

measure shall be borne by the Applicant. A report of the results of the study required by this

condition 10 shall be submitted to the Town Board within 3 months after issuance of a final

Certificate of Occupancy for the Project. In the event that improvements to the westbound left turn

lane on Route 119 at Taxter Road are determined to be feasible, effective and acceptable to

NYSDOT, the Applicant shall post a bond, in an amount set by the Town Engineer, to secure the

performance of the work, and such improvements shall be completed within 9 months after the

Town Board has directed that they be constructed.

11. If deemed necessary by the Commissioner of Community Development and Conservation and the

building inspector, the Applicant shall deposit into a Trust and Agency Account the funds for the

Town (1) to engage an Environmental Monitor and (2) to have the ability to engage, in consultation

with the Applicant, an Assistant Building Inspector for the Project (who shall be a consultant(s)

engaged by the Town) to oversee compliance with the Findings Statement during the period of

construction of the Project. The Environmental Monitor shall review design drawings and site plans

to assure that they incorporate the design measures described above, conduct regular site visits

(which may at certain points during construction, but not continuously throughout the construction

period, be on a daily basis) for the purpose of assuring that the environmental integrity of the site is

maintained during construction, and inspect the work to assure that the Project conforms to the

approved site plans and that required mitigation is implemented. The Environmental Monitor shall

report to the Commissioner for the Department of Community Development and Conservation,

Building Inspector and Town Engineer on a weekly basis, or at some greater interval (at least

monthly) established by the Town. The Environmental Monitor shall not have independent

authority to require different or additional mitigation measures or improvements. The Assistant

Building Inspector shall inspect all structural features for compliance with the approved building

plans. The Assistant Building Inspector shall report to the Building Inspector on a minimum of a

weekly basis.

12. The Applicant shall notify the Town Engineer at least 72 hours in advance of the commencement of

site disturbance in order to allow for the inspection of erosion and sedimentation control measures

implemented in accordance with the approved Sediment Erosion and Control Plan.

13. Prior to the issuance of a building permit, the location of staging areas for the storage of

construction equipment, building materials and debris on the site, a construction plan (including a

blasting plan) and schedule for construction shall be provided to and approved by the Building

Inspector, Town Engineer, and Commissioner for the Department of Community Development and

Conservation.

14. The Applicant shall perform all construction activities solely during time periods permitted under

the Town Code, and shall limit construction-related traffic as specified in condition 9.

15. If deemed necessary by the Town Engineer or Chief of Police, the Applicant shall fund the cost of a

police officer to direct traffic at the entrance of the site one half-hour before until one half hour after

the permitted hours of construction until such time as the level of construction activities at the site

no longer warrants this measure, in the judgment of such Town officials.

16. Prior to the issuance of a Certificate of Occupancy for any one or more Project buildings, the

Applicant shall submit for review as-built drawings for such building(s) and all Project

infrastructure components (including applicable portions of water and sewer utilities, storm water

management facilities and roads) that serve such building(s). The as-built drawings shall include all

site features, detention/water quality basin facilities, and related drainage, utility and topographic

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information. The Applicant shall also submit to the Town Engineer, for review and approval,

drainage calculations which document as-built conditions and demonstrate that such conditions

conform to the requirement of the Findings Statement. A Certificate of Occupancy shall not be

issued unless the Project incorporates the design and operational measures listed hereinabove; is in

full compliance with all applicable rules, laws, ordinances and codes; and (except as set forth in

condition 10, above, for which the required bond will have been posted) is in compliance with, and

has implemented the mitigation measures set forth in the Findings Statement.

17. If deemed necessary by the Commissioner of Community Development and Conservation, the

Applicant shall deposit into a Trust and Agency Account the funds needed to engage a consulting

arborist to review all tree removal and preservation plans, and to assist the Town Forestry Officer in

the discharge of her/his responsibilities under this approval. Final tagging of trees to be removed

shall be done by the Applicant upon the prior review and approval of, and under the supervision of,

the Town Forestry Officer. Protection area fencing shall be installed by the Applicant in accordance

with the approved plan as part of the Tree Removal Permit previously issued by the Planning Board,

and upon review, approval and under supervision of the Town Forestry Officer. All tree removal

shall be with the prior approval of, and under supervision of, the Town Forestry Officer.

18. The Applicant shall not impede travel on the primary access road to the Project by installing a gate

or other barrier. A “breakaway gate” shall be installed on the emergency road, at its intersection

with Taxter Road.

19. The Applicant shall demonstrate to the satisfaction and approval of the Commissioner of Public

Works, Town Engineer and the Water District that the design specifications for the extended water

system(s), including, but not limited to, the booster pump required to maintain the water pressure

needed to serve the Project buildings, are acceptable, a condition which has already been met.

20. The Applicant shall demonstrate to the satisfaction and approval of the Commissioner of Public

Works, Town Engineer and the Sewer District that the design specifications for the extended sewer

system(s) are acceptable, a condition which has already been met.

21. Based on the current, present and anticipated future need for park and recreational opportunities in

the Town, and the demands of the future population of the Project, additional recreation/parklands

should be created as a condition of approval. The Planning Board has determined that, given

physical factors, a suitable park cannot be located on the Project site. The fee in lieu of recreation

land is calculated at the rate of $2,160 per dwelling unit when units are offered for rent and are deed

restricted as rentals for a minimum of 20 years. If at any time during the twenty-year period, units

are converted to nonrental status, an additional $2,160 per unit shall be paid to the Town prior to

conversion. Under the Town Code, developers providing affordable housing may receive waivers of

up to 100% of the recreation land requirement or fee in lieu thereof. In light of the provision by the

Applicant of seven (7) units of affordable rental housing, the Town Board accepts the payment of

$2,160 per unit for the sixty-one (61) market rate rental units, for a total fee of $131,760.

22. (a) As per the Town Board Approval, dated April 28, 2010, the Applicant has agreed that for a

period of ninety-nine (99) years (the “Affordability Period”) ten percent (10%) of the Project’s

four hundred and forty four (444) dwelling units (up to a maximum of forty-four (44) housing

units) shall be “affordable housing” as defined as dwelling units constructed for families

whose annual income does not exceed 80% of the actual Westchester County median income

(not capped), as defined and periodically updated by the United States Department of Housing

and Urban Development, and the annual rental cost of which does not exceed 30% of said

median income or, for homeowners, the annual cost of the sum of principal, interest, taxes and

7

insurance (PITI) and common charges, as applicable, does not exceed 30% of said median

income (the “Affordability Standards”).

In addition with this current approval for an additional seven affordable units, the applicant

shall designate that, for a period of ninety-nine (99) years (the “Affordability Period”), ten

percent (10%) of the Project’s additional sixty-eight (68) dwelling units (a minimum of (7)

housing units) shall be “affordable housing” as defined as dwelling units constructed for

families whose annual income does not exceed 80% of the actual Westchester County median

income (not capped), as defined and periodically updated by the United States Department of

Housing and Urban Development, and the annual rental cost of which does not exceed 30% of

said median income or, for homeowners, the annual cost of the sum of principal, interest, taxes

and insurance (PITI) and common charges, as applicable, does not exceed 30% of said median

income (the “Affordability Standards”).

(b) The Applicant further agrees that if the affordable units are converted to either cooperative or

condominium forms of ownership, then the affordable units shall be subject to the following

requirements (“Affordability Requirements”):

(i) In the event that an owner of an affordable unit desires to sell such unit at any time prior

to the expiration of the Affordability Period, such owner must:

(1) make the unit available for purchase to purchasers meeting the Affordability

Standards;

(2) ensure the “Maximum Resale Price” is not exceeded. The Maximum Resale Price

will equal the sum of the following:

(x) the net purchase price (i.e. gross sales price minus subsidies, except as set

forth in subsection (z), below) paid for the unit by the selling owner,

increased by the percentage increase, if any, in the Consumer Price Index

(CPI) for Urban Wage Earners and Clerical Workers in the New York-

Northern New Jersey Area, as published by the U.S. Bureau of Labor

Statistics, between (a) the month that was two months before the date on

which the seller acquired the unit, and (b) the month that is two months

before the month in which the seller contracts to sell the unit; and

(y) the cost of major capital improvements made by the seller of the Unit as

evidenced by paid receipts depreciated on a straight line basis over a fifteen

(15) year period from the date of completion, provided such improvements do

not make the unit unmarketable as affordable housing in accordance with this

Section 23(b). Notwithstanding the foregoing, in no event shall the cost of

included major capital improvements cause the unit to be unmarketable as

affordable housing in accordance with this Section 23(b); and

(z) the amount of any subsidy secured as of the date of the conveyance by a

mortgage which will be assumed by the purchaser, provided such mortgage

does not make the unit unmarketable as affordable housing in accordance

with this Section 23(b).

(c) The restrictions set forth in subsections (a) and (b) hereinabove shall be evidenced by a

restrictive covenant, subject to the approval of the Town Attorney not to be unreasonably

8

withheld, conditioned or delayed. The restrictive covenant will be recorded in the Westchester

County Clerk’s office, and also provide that if the Project changes to a condominium or

cooperative during the Affordability Period, the units shall be sold and occupied in accordance

with definition of “affordable housing” set forth in subsection (a) above.

(d) The affordable housing units shall be one, two and three bedroom units of any type distributed

by bedroom count in the same proportions as the numbers of one, two and three bedroom

market-rate units bear to the total number of dwelling units. The Applicant shall not be

required to make customer options or upgrades available to the affordable units, and the

exterior appearance of affordable units shall not distinguish them as a class from other units.

The Applicant shall annually certify to the satisfaction of the Town Board that the requisite

number of affordable units have been rented to income eligible tenants and that any subsequent

tenants of affordable units meet the income guidelines set forth in subsection (a) above.

Annual certifications shall include unit designations and tenant/occupant names and shall be

signed by the Applicant and a certified public accountant. The Town Board may designate

such additional person(s), authorities and procedures as necessary to monitor compliance with

the provisions of this condition.

(e) Notwithstanding anything to the contrary, not more than a total of fifty-one (51) units shall be

required to be set aside as affordable housing units, and during construction of the Project, the

Applicant shall only be required to provide at any given time such number of affordable units

as shall equal ten percent (10%) of the total number of market-rate units for which certificates

of occupancy have then been obtained. For example, if thirty (30) market-rate units are

constructed and certificates of occupancy have been obtained, the Applicant shall have

certificates of occupancy obtained for three (3) affordable housing units as well.

23. The Town Board acknowledges that minor changes to the site plan of the Project might need to be

made to respond to field conditions and to comply with the requirements of the Westchester County

Department of Health and utility providers. The Town Board hereby finds and determines that

minor changes that do not materially change the development program and site layout shown on the

approved site plan drawings listed in Appendix C shall not be subject to further approval by the

Town Board, but shall be subject only to the review and approval of the Commissioner of the

Department of Community Development and Conservation, Commissioner of Public Works and

Town Engineer.

Amended/Adopted:

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