Land Use and Zoning Study

Village of Old Westbury Land Use and Zoning Study

PREPARED FOR Incorporated Village of Old Westbury 1 Store Hill Road Old Westbury, NY 11568 516.626.0800

PREPARED BY

VHB Engineering, Surveying, Landscape Architecture and Geology, P.C. 100 Motor Parkway, Suite 350 Hauppauge, NY 11788 631.787.3400

February 2021

Village of Old Westbury Land Use and Zoning Study

Table of Contents

Executive Summary ...... i

1 Introduction...... 1

1.1 Overview ...... 1 1.2 Historical Planning, Zoning and Development Context...... 2 1.2.1 Regional Context ...... 5 1.3 Goals and Objectives ...... 8 1.4 Methodology ...... 8

2 Inventory and Analysis of Existing Conditions...... 9 2.1 Land Use, Zoning and Community Character ...... 9 2.1.1 Land Use ...... 9 2.1.2 Zoning ...... 12 2.1.3 Community Character ...... 19 2.2 Demographics, Housing and Fiscal Conditions ...... 19 2.2.1 Po p ula tio n Tr ends ...... 19 2.2.2 Ho us ing Tr end s ...... 20 2.2.3 Fiscal Trends ...... 22 2.3 Natural, Cultural and Historic Resources...... 23 2.3.1 Natural Resources ...... 23 2.4 Aesthetics...... 29 2.4.1 Street Trees and Vegetative Buffers ...... 30 2.4.2 Aesthetics Analysis...... 31 2.5 Traffic, Parking and Public Transportation...... 36 2.5.1 Roadway Conditions...... 36 2.6 Utilities and Infrastructure...... 38 2.6.1 Water Supply...... 38 2.6.2 Sanitary Sewer System ...... 39 2.7 Community Facilities and Services ...... 41 2.7.1 Police Protection ...... 41 2.7.2 Fire Protection and Ambulance Services...... 41 2.7.3 Educational Facilities ...... 43 2.7.4 Public Parks, Recreational Facilities and Open Spaces ...... 43 2.8 Co nclus io ns ...... 44

3 Recommendations ...... 45 3.1 Zoning ...... 50

Table of Contents Village of Old Westbury Land Use and Zoning Study

4 Implementation...... 51

4.1 Draft Zoning Amendments ...... 51 4.2 Fiscal Impact Analysis ...... 52 4.3 Environmental Quality Review...... 52 4.4 Adoption of the Study, Zoning Amendments and Design Guidelines...... 53 4.5 Consider Proposals to Rezone Opportunity Sites ...... 53

Table of Contents Village of Old Westbury Land Use and Zoning Study

List of Tables

Table No. Des cript ion Page

Table 1 Existing and Proposed/Under Construction Age-Restricted Housing in Nassau County ...... 6 Table 2 Breakdown of Land Use Areas ...... 12 Table 3 Zoning Regulations ...... 15

Table 4 Population Growth (2000-2018) ...... 19

Table 5 Median Age and Share of Population Age 55+ (2000-2018) ...... 20

Table 6 Units in Structure (Housing Type) ...... 21 Table 7 Historic Resources ...... 26

Table of Contents Village of Old Westbury Land Use and Zoning Study

List of Figures

Figure No. Des cript ion Page

Figure 1 Village Overview ...... 3 Figure 2 Age-Restricted Housing in Nassau County...... 7 Figure 3 Existing Land Use ...... 11 Figure 4 Village Zoning Map ...... 14 Figure 5 Historic Resources ...... 28 Figure 6 Nassau County Sewer District No. 3 ...... 40 Figure 7 Community Facilities and Services ...... 42 Figure 8 Opportunity Sites...... 49

Table of Contents

Executive Summary

The Village of Old Westbury is a located in the northern portion of Nassau County, New York. Spanning 8.6 square miles, and home to approximately 4,700 residents, Old Westbury is a low density, predominantly single-family residential community. Large estates and single-family residences are interspersed with recreational, open space (golf courses, equestrian facilities, and Old Westbury Gardens), and institutional (SUNY Old Westbury, LIU Post, NYIT, Wheatley and Westbury High School and religious) uses. Despite these assets, a key issue facing the Village and the Long Island region is a lack of diversified housing options, including housing for empty-nesters looking to downsize from single-family homes. In response to the growing demand for more housing options, the Village initiated a planning study aimed at identifying potential amendments to the Village Zoning Code necessary to provide opportunities for additional housing options not currently permitted by the Zoning Code, in a manner that is consistent and compatible with existing development and the picturesque character of Old Westbury. As part of this process, the Village evaluated its existing land use and zoning regulations, changes in demographics and economic conditions, and the potential availability of strategically situated parcels that may be appropriate and suitable for redevelopment with uses that address the Village’s housing needs. The result of the planning study is a set of recommended amendments to the Village’s land use and zoning regulations to facilitate the uses desired by the Village.

Goals and Objectives In undertaking this study, the Village established the following guiding principles:

› Protect the community character of Old Westbury › Diversify housing options, including housing for empty-nesters and those seeking to downsize while remaining in the Village › Stabilize the Village tax base

The objectives of the Study are as follows: › Recommend amendments to the Zoning Code and Map that would allow for a wider range of residential uses in the Village, including luxury senior housing › Evaluate the likely impacts of such recommended actions as compared to the expected benefits › Ensure that development under any contemplated amendments to the Zoning Code and Map is effectively controlled to prevent a proliferation of alternative uses that would threaten the existing, predominantly single-family, residential character of the Village › Establish policies for any contemplated amendments to the Zoning Code, to provide guidance for evaluating the degree to which future actions are consistent with the Study

i Executive Summary

› Create design guidelines to accompany any contemplated amendments to the Zoning Code, to ensure the aesthetic appeal of future development, in a manner which is consistent and compatible with the established character of the Village.

Existing Conditions Key findings from the existing conditions inventory and analysis are as follows:

› The Village consists mainly of large-lot single family homes, residential estates, educational and religious institutional uses, and recreational open space › Demographic trends in Nassau County and the Village indicate an aging population in need of more diverse housing options › While some communities in Nassau County have built a stock of age-restricted housing over the past few decades, the northern portion of Nassau County, including the Village has very little of this stock › Residents are experiencing increased pressure on property taxes for a variety of reasons, including reassessment in Nassau County and a large inventory of tax-exempt properties due to the conversion of larger properties to tax-exempt institutional uses › Zoning regulations in the Village do not permit the types of housing that are becoming more desirable to older residents, namely age-restricted housing in the form of condominiums, townhouses, and rentals at higher densities and with lower maintenance costs › The Village has an historic character that makes it an attractive place to live. Any changes to land use regulation needs to ensure that it maintains this character › Existing sewer infrastructure is present along Jericho Turnpike, Old Westbury Road, and the western portion of the Long Island Expressway North Service Road, making this area more feasible for development.

Recommendations To achieve the stated goals and objectives of the Village and guide future land use, this Study recommends the following: › Any contemplated amendments to the Zoning Code should provide for the development of additional housing options beyond the large-lot, single family residences which dominate the Village’s land use setting › New housing options that are not currently provided for in the Zoning Code should be age-restricted and should allow for increased density to create a suitable community setting that enables a lower maintenance residential lifestyle. Age-restricted housing should be defined as dwelling units occupied by persons who are 55 years of age or older, except that in the case of spouses and/or significant others, only one of the two occupants must be 55 years of age or older

ii Executive Summary

› Development under any contemplated amendments to the Zoning Code should enhance the Village’s financial status as compared to the status quo option of continuing under the current Zoning Code › Development under any contemplated amendments to the Zoning Code should be protective of groundwater resources and therefore limited to the area of the Village that can access the Nassau County sewer system with minimal disturbance for installation of new sewer connections › Any new age-restricted housing should be developed only on properties with a minimum contiguous parcel size of 20 acres and at least 750 linear feet fronting on a State or County roadway › Where age-restricted housing is contemplated on properties having at least 750 linear feet of frontage on a County roadway but not a State roadway, the Zoning Code should require a minimum contiguous parcel size of 50 acres, and should have a permissible development density that is lower than for a qualifying property with sufficient frontage on a State roadway › Development under any contemplated amendments to the Zoning Code should include a significant portion of the lot area as open space, which is defined as encompassing all natural and managed open space areas, including gardens, woodlands, meadows, managed landscaping, trails and ponds › Sufficient on-site parking should be provided to ensure that peak parking demands are fully accommodated › Development of age-restricted housing at a higher density than is permitted under current zoning should provide community benefits to the Village, in the form of physical improvements, or payment in lieu thereof sufficient to fund physical community benefits, with amenities to be determined at the discretion of the Board of Trustees › Development should occur in a manner that does not cause significant adverse impacts on the established community character in the Village. This should include buffering and screening to prevent proposed buildings from being visible from the adjacent roadways and properties using appropriate landscaping treatments › Development should conform to design guidelines, which the Village can adopt as guiding principles or as requirements under the Zoning Code. The intent of the design guidelines should be to ensure any new development is aesthetically consistent and compatible with the quality and character of existing development.

iii Executive Summary

Opportunity Sites Site selection criteria were established to ensure that future development of age-restricted senior housing at higher densities than currently exist within the Village, as well as future development of two-acre single-family residences, is protective of community character and the public health, safety and general welfare of Village residents.

› Proximity to existing sewer infrastructure for age-restricted housing in order to minimize disturbance for installation of new sewer connections › Minimum 50 contiguous acres and at least 750 linear feet of frontage on a New York State and/or Nassau County roadway for “lower-density,” age-restricted housing › Minimum of 20 contiguous acres and at least 750 feet of frontage on a New York State roadway for “higher-density,” age-restricted housing › Minimum of 20 contiguous acres and at least 500 feet of frontage on a New York State and/or Nassau County roadway for two-acre single-family subdivisions Applying these criteria, the greatest opportunity to introduce new housing options lies in the portion of the Village that is located south of the LIE, due to its access to the Nassau County sewer system and major roadways. Three “opportunity sites” have been identified - each of these properties is at least 20 acres in size and has significant frontage along major Nassau County and/or New York State roadway.

Phipps Estate The Phipps Estate, situated on approximately 98 acres between Post Road and Hitchcock Lane, is an estate residence containing numerous residential and accessory structures (e.g., barns, guest houses, storage, and garages), woodland gardens, undeveloped woods, open grass areas, paddocks, managed landscaping, a pool, a pond, internal roadways and parking areas.

Wang Subdivision

Kadish Property The Kadish property, situated on approximately 53.6 acres between Jericho Turnpike (NYS Route 25) and I.U. Willets Road, is an estate residence containing several residential and accessory structures, manicured gardens, and ponds.

iv Executive Summary

Map of Opportunity Sites

Zoning The Study recommends that an overlay district be created to include age-restricted housing as a permitted use, and that rezoning from B-4 Residence to BB Residence be permitted on properties that meet the Opportunity Site criteria. Since it is the Village’s express intent to permit additional housing options to address an unmet demand while maintaining the character of the Village as a whole, it is recommended that the Board of Trustees also adopt design guidelines to supplement the recommended zoning parameters. The design guidelines would aid the Board of Trustees in evaluating individual applications with respect to architectural style, site design and landscaping so as to ensure new housing developed within the Village is compatible with the existing aesthetic and reflect the Village’s rich history.

Conclusion This Planning Study has demonstrated that there is a long-term regional need for more housing options such as age-restricted housing for older residents, in Old Westbury. The Village has an opportunity to serve these demands by amending its Zoning Code and Map to allow the desired uses on properties of sufficient size and location. Not only would the recommended zoning amendments help fill a housing need, they would also keep valuable properties on the tax rolls, thereby enhancing the Village’s long-term financial health and well-being.

v Executive Summary

Introduction

1.1 Overview Commencing in 2018, the Incorporated Village of Old Westbury (the “Village”) undertook a comprehensive review of its land use and zoning regulations, and Zoning Map, to determine how it could implement potential amendments to the Village Zoning Code and Zoning Map that would result in uses (e.g., age-restricted, multi-family residential, etc.) that are currently not permitted under the existing Zoning Code. During its review, the Village evaluated its existing land use and zoning regulations, changes in demographics and economic conditions, and the potential availability of strategically situated parcels that may be suitable for development with uses that would address current and future local and regional needs.

This Study represents a proactive approach by the Village to review its land use and zoning regulations, and identify potential amendments that address the changing needs of its residents, while protecting the picturesque character of the Village and creating a clear path forward towards sustainable economic growth and a stable tax base.

As set forth in Section 7-722.2(a) of the New York State Village Law, a “village comprehensive plan” means the materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the village.

The Village currently does not have a written comprehensive plan, and relies on its official Zoning Code and Map for its land use policies. This Study updates the Village’s land use

1 Introduction

policies, consistent with its authority to do so per Section 7-722 of the New York State Village Law. The Village seeks to achieve the following community benefits:

› Protect the community character of the Village › Diversify housing options, including housing for empty-nesters and those seeking to downsize while remaining in the Village › Stabilize the Village tax base This Study consists of four sections. Section 1 summarizes the planning context and methodology of the Study. Section 2 presents an inventory and analysis of existing conditions, including Land Use, Zoning and Community Character; Demographic and Socioeconomic Conditions; Natural, Cultural and Historic Resources; Aesthetics; Traffic, Parking and Public Transportation; Utilities and Infrastructure; and Community Facilities and Services. Section 3 provides the recommendations of the Study, including amendments to the Zoning Code, adoption of design guidelines, and policies to assist the Village in achieving its goals and objectives. Section 4 provides guidelines for implementation of the recommendations, including the process for adoption of regulatory, administrative and procedural actions.

1.2 Historical Planning, Zoning and Development Context The Village of Old Westbury is located in Nassau County, New York, straddling the boundary between the Town of Oyster Bay and the Town of North Hempstead (Figure 1). Following the first settlement of the area by Quakers in 1658, the land that is now incorporated as the Village was dominated by agrarian land uses for more than two centuries. The “Estate Era” commenced in the late 1890s, when prominent families from New York City started developing residential estates in the area. Within two decades, estates had largely displaced agriculture as the dominant land use in the area.

The Village was formally incorporated in 1924, and in 1926, the first Village Building Zone Ordinance (the “Zoning Code”) was adopted. The Zoning Code was directed at maintaining the Village’s predominantly low-density, residential character, with a limit of no more than one family per acre, and little or no business, industry or other uses permitted. A detailed discussion of the evolution of the Village’s Zoning Code and land use setting is presented in Section 2.1 of this Study.

The Estate Era ended in the aftermath of World War II, when Nassau County’s transportation system was expanded, and families from New York City looked eastward for homes with yards in lieu of urban living. In the early 1950s, the Zoning Code underwent a major amendment, as nearly 90 percent of the Village’s land area was included in the BB Residence District, with a minimum lot size requirement of two acres. Thereafter, development in the Village paralleled the trend of residential subdivision that was occurring throughout much of Nassau County, although at a lower density than in most parts of the County.

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Village of Old Westbury Village Overview Municipal Boundaries

Source: NYS Office of Information Technology GIS Program Office

During the late 1950s, private institutional uses became established with more prominence in the Village. The 1960s consisted primarily of applications for the development of private institutional uses and places of worship in the Village, including Hofstra College; Long Island University; New York Institute of Technology; Sisters of Holy Child Jesus; and the Seventh Day Adventists, among others. Many of the properties being developed as educational uses, as well as golf and country club uses, were once utilized as single-family residential estates during the Village’s Estate Era earlier in the early 20th century.

Zoning policies within the Village were revised during the 1970s in light of New York State’s enactment of the State Environmental Quality Review Act (SEQRA) in 1975. Following the enactment of SEQRA, the Village created an Environmental Commission tasked with considering the environmental effects of certain applications and the preservation of trees and vegetation within the Village. During this period, the Village continued to experience residential growth and development of residential subdivisions – 11 subdivision approvals between 1973 and 1979. As of 1973, the Village’s Zoning Code consisted of four residential zoning districts (i.e., the A, B, BB and C Residence Districts) and two business zoning districts (i.e., the Business A and C Districts).

In 1986 the Village Board of Trustees enacted a moratorium on applications for new subdivisions in the Village. The purpose of the moratorium was to allow the Village to conduct a comprehensive reassessment of the Village’s land use planning and zoning policies as a result of increased development in the Village throughout the mid-20th century. Specifically, “For several years the Board of Trustees has been concerned with the rapid development of our Village and the loss of trees, the loss of open space, the loss of roadscapes and the estate character of our Village.”1

As a result of the Village’s 1986 moratorium on subdivision applications, the Zoning Code underwent significant modifications and amendments in 1987, wherein a majority of the Village was up-zoned to a newly enumerated B-4 Residence District, requiring, among other things, four-acre minimum lot areas.

While the Village Code remained essentially unchanged since the 1987 amendments, in 1993 and 1999, the Business A District was amended to allow for restaurants and gasoline stations approved by the Board of Trustees as a special exception. In 1999, the Village again imposed a moratorium on development applications as a result of the dramatic increase in development of residential subdivisions and institutional uses over the course of the previous decade.

In the early 2000s, the Village enacted amendments to the Zoning Code that were, in part, influenced by the proliferation of institutional development in the southeast portion of the Village. Similar to previous decades, the early 2000s were also met with an increasing number of residential developments and applications for subdivision approval. In March 2001, as a result of the Village’s 1999 moratorium, the Board of Trustees enacted a series of comprehensive zoning amendments designed to address development controls for schools and places of worship; bulk and dimensional regulations in the C Residence District;

1 Excerpt of Board of Trustees Meeting Transcript dated April 20, 1987.

4 Introduction

regulation of the conversion of large estates to residential subdivisions; and amendments to the Village’s Zoning Map, among other things. Since the Village’s March 2001 comprehensive update of the Zoning Code, only minor amendments have been made to reflect changes in bulk and dimensional regulations in the Village, as well as volume regulations in the residential zoning districts. The Zoning Code was most recently amended in 2017.

More recently, pressure has been growing within the Village to continue to identify opportunities to convert more of the historical estate properties within the Village to the institutional uses that have proliferated since the 1960s. The Zoning Code currently permits educational and religious institutional uses by special exception, subject to review of the Board of Trustees, in the Village’s B (one-acre), BB (two-acre) and B-4 (four-acre) Residence Districts. However, when large tracts of valuable property are no longer residentially geared, there is increased pressure on the remaining single-family residences to financially subsidize the Village budget through increased property taxes.

The current economic environment presents an opportunity for the Village to review existing provisions of the Zoning Code that limit the Village’s ability to respond to changing housing demand and concerns regarding the tax base in the Village.

1.2.1 Regional Context A key issue facing the Long Island region is a lack of diversified housing options, including housing for empty-nesters looking to downsize from single-family homes. This issue has been recognized in various Nassau County master planning efforts over the last decade-plus, including in the Nassau County Master Plan Update 2008: Trend Analysis and the Nassau County Draft 2010 Master Plan. Since the time these documents were produced, Nassau County’s and Long Island’s population has continued to age, and the real estate market has responded with the production of age-restricted housing for senior citizens. In the 2019 report, This is Nassau: The Deal for the Next Generation, the Nassau County Comptroller’s Office stated, “…as Nassau County struggles to retain young people and the massive senior population is considering downsizing, the region must update its approach to planning.” As discussed in the Nassau County Draft 2010 Master Plan, As long-time residents age, difficulties arise. The family home may simply be too large for them when their children are gone or maintaining the property too difficult or expensive. Driving may no longer be possible. If seniors are unable to move in with nearby children or grandchildren or find more size-appropriate housing, they will leave Nassau County to be nearer their families or move to communities with other mature adults such as those in Florida, Arizona and other Sunbelt states. They may even move back to New York City to be near doctors and other services when they can no longer drive.” (Ch. 1, P. 1)

Table 1, below, shows the distribution of age-restricted residential construction over time in Nassau County. As shown in the table, there are 12,034 existing units of age-restricted housing in 116 separate developments throughout Nassau County. Most of these units were constructed between the decades of the 1970s and 2000s, with a slowdown of construction in the 2010s, during which only 8 new age-restricted developments with 1,108 units were constricted. As of October 2020, there are an additional 20 developments with 2,789 units

5 Introduction

that are either proposed or under construction in Nassau County, signifying an expected uptick in age-restricted residential development in the coming years.

Table 1 Existing and Proposed/Under Construction Age-Restricted Housing in Nassau County

Number of Decade Developments Number of Units 1920s 1 71 1960s 5 415 1970s 35 3,272 1980s 15 1,321 1990s 19 2,288 2000s 33 3,559 2010s 8 1,108 Total Existing 116 12,034 Proposed/Under 20 2,789 Construction Source: Nassau County Department of Public Works – Planning Division (2020)

As shown on Figure 2, none of the age-restricted housing developments in Nassau County are located within the Village’s boundaries. In fact, there is a significant lack of age-restricted housing throughout most of the surrounding communities in northern Nassau County. As discussed in further detail in Section 2.1.2 of this Study, the Village currently lacks the necessary zoning provisions to allow for the construction of such housing.

6 Introduction FIGURE 2

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Village of Old Westbury Number of Age-Restricted Housing Units Age-Restricted Housing in Nassau County 1-200 1,001-1,200 Source: TIGER/Line Shapefiles, U.S. Census Bureau 201-400 ≥1,400 (2019); Nassau County Department of Public Works - Planning Division (2020); ESRI 401-600 0 601-800

1.3 Goals and Objectives The goal and objectives of the Study were established in coordination with the Village at the onset of the planning process. For the purposes of the Study, Goals and Objectives are defined as follows:

› Goals: Broad, long-term desired results that the Village wants to achieve with the Study. › Objectives: Specific, measurable actions to be taken to advance the goals. The primary goal of the Study is to: › Provide opportunities for additional housing options not currently permitted by the Zoning Code, in a manner that is consistent and compatible with existing development and community character in the Village, in order to address changing demographic needs and relieve pressure on Village residential property taxes.

The objectives of the Study are to: › Recommend amendments to the Zoning Code and Map that would allow for a wider range of residential uses in the Village, including luxury senior housing › Evaluate the likely impacts of such recommended actions as compared to the expected benefits › Ensure that development under any contemplated amendments to the Zoning Code and Map is effectively controlled to prevent a proliferation of alternative uses that would threaten the existing, predominantly single-family, residential character of the Village › Establish policies for any contemplated amendments to the Zoning Code, to provide guidance for evaluating the degree to which future actions are consistent with the Study › Create design guidelines to accompany any contemplated amendments to the Zoning Code, to ensure the aesthetic appeal of future development, in a manner which is consistent and compatible with the established character of the Village.

1.4 Methodology The Study analyzes existing land use patterns, zoning regulations, demographic, ho using and fiscal trends, and identifies potential amendments that the Village can make to the Zoning Code and Map to advance its goals and objectives.

In particular, the Study looks at recent and historical data, which provides the basis for the Village’s goals and objectives. These data include local land use records, property tax and budget information, and U.S. Census data. The Study also analyzes the spatial distribution of zoning regulations, land use types, parcel sizes, and road access throughout the Village, to establish a baseline for the identification of Opportunity Sites for future development. The result of the analysis is a set of recommended changes to the Village’s land use and zoning regulations to facilitate the uses desired by the Village.

8 Introduction

Inventory and Analysis of Existing Conditions This chapter documents and analyzes existing conditions within the Village as they relate to land use, community character and zoning; demographic, housing and fiscal conditions; natural, cultural and historic resources; aesthetics; traffic, parking and public transportation; utilities and infrastructure; and community facilities and services. The inventory and analysis, which shows the patterns of existing development, socioeconomic and housing trends, provides the basis for the recommendations that follow in Chapter 3.

2.1 Land Use, Zoning and Community Character

2.1.1 Land Use The Village of Old Westbury is a low-density, predominantly single-family residential community. The large estates and single-family residences throughout the Village are interspersed with recreational uses and open space (e.g., golf courses, equestrian facilities and Old Westbury Gardens), educational institutional uses (e.g., SUNY Old Westbury, portions of the LIU Post and NYIT campuses, the Wheatley School and Westbury High School) and religious institutional uses. There are only a few commercial uses located in the Village, primarily along Glen Cove Road in the southwestern portion of the Village (i.e., a gas

9 Inventory and Analysis of Existing Conditions

station with a convenience store and a diner), and along Jericho Turnpike (i.e., a portion of a commercial nursery). There are also a few converted residences that are being used as residences/professional offices. Generally, the non-residential land uses are located with access to major roadways including Jericho Turnpike, Old Westbury Road, Glen Cove Road, Post Road, Wheatley Road, and Store Hill Road. Figure 3 shows existing land uses in the Village. Old Westbury Gardens, which includes a mansion, formal gardens, landscaped grounds, woodlands, ponds and lakes is the centerpiece of the Village south of the LIE. The two golf courses in the Village—Glen Oaks Club and Old Westbury Golf and Country Club—along with the Meadowbrook Polo Club, Old Westbury Equestrian Center and the three university campuses, are located in the portion of the Village north of the LIE. Village Hall is centrally located at 1 Store Hill Road, and shares property with the U.S. Post Office and the Village Department of Public Works (DPW) yard.

The Village has very little land use diversity. The predominance of large-lot single-family homes, residential estates and institutional uses lends to a quiet, suburban community character. The non-residential uses within the Village, including schools, universities, religious institutions, and the Old Westbury Gardens are located closer to major roads including Jericho Turnpike, Old Westbury Road, Glen Cove Road, Post Road, Wheatley Road, and Store Hill Road. This helps to ensure that traffic associated with these uses does not need to pass through residential neighborhood streets.

The lack of residential uses at a density greater than one unit per acre is noteworthy. The one exception to large-lot residential development is the small subdivision on the west side of Glen Cove Road at Laurel Lane where 18 homes are situated on approximately 8,000- square-foot (SF) lots. This subdivision was constructed in the late 1990s, and is separated from the rest of the Old Westbury community by two major roadways, Glen Cove Road and Hillside Avenue. This community also includes a solid wall with a line of tall trees along the Glen Cove Road and Hillside Avenue frontages, and a gated entrance on Glen Cove Road, lending to an estate-like appearance from the outside.

Table 2 shows a breakdown of land uses within the Village quantified by total acreage. As shown in Table 2, 45± percent of the properties within the Village, by land area, are either single-family residential or larger estate residences. Another 36± percent is made up of the college campuses and golf courses. The next most abundant land use in the Village is vacant land, followed by religious institutions and Old Westbury Gardens. Given the tax-exempt status of the colleges, religious institutions, Old Westbury Gardens, and several of the less abundant land uses, most of the Village’s property tax revenue is derived from the single- family residences and estates, which make up less than half of the Village’s land area. The issue of tax revenue is discussed in more detail in Section 2.2.3.

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Village of k State Mineola Town of North P kw Hempstead y \\v h b \g is\p ro j\H a u p p a u g e \2 6 6 1 6 .0 0 O ld W e stb u ry C o m p P la n \P ro je c t\O ld _W e stb u ry _F ig u re s_C H \O ld _W e stb u ry _F ig u re s_D e c e m b e r2 0 2 0 .a p rx Land Use and Zoning Study Village of Old Westbury, New York i 0 1250 2500 5000Feet

Agriculture Community Services Existing Land Use

Commercial - Restaurant Single Family Residence Village of Old Westbury Commercial - Greenhouse/Nursery Two- and Three-Family Residence Municipal Boundaries Commercial - Office Estate Commercial - Gas Station/Convenience Store Recreation, Open Space Vacant Utilities

Source: NYS Office of Information Technology Services GIS Program Office; Nassau County Land Use Data (2020).

Table 2 Breakdown of Land Use Areas

Land Use Acreage Percentage of Land Single-Family Residential 2,050.7± 33.4% Colleges and Universities 1,750.9± 28.5% Estates 718.4± 11.7% Golf and Country Clubs 445.3± 7.2% Vacant Land 403.2± 6.6% Religious Institutions 194.2± 3.2% Old Westbury Gardens 132.1± 2.2% Miscellaneous Residential Structures 94.1± 1.5% Public Schools 83.4± 1.4% Recharge Basins 70.1± 1.1% Roadways 42.0± 0.7% Polo and Tennis Club 39.2± 0.6% Equestrian Center 27.8± 0.5% Small Unoccupied Residential 26.2± 0.4% Improvements Municipal Uses 25.0± 0.4% Commercial 16.9± 0.3% Agricultural 15.2± 0.2% Water Supply 3.9± 0.1% Old Westbury Pond 3.2± 0.1% Community Nonprofit Use 1.3± <0.1% Total 6,143±

Recognizing the Village’s goals for more diverse housing options and a stable tax base, recommendations for changes to the Village’s land use regulations should have a focus on preserving the characteristics that have made Old Westbury such an attractive place to live. This can be accomplished by using objective planning criteria such as whether there is a preponderance of established single-family residences, or underutilized parcels of suitable size to accommodate higher-density residential uses, and whether there is significant frontage on, and access to, major Nassau County and/or New York State roads, as well as access to the Nassau County sewer system for groundwater protection. These planning criteria are employed in Chapter 3 of this Study.

2.1.2 Zoning The Village Zoning Map currently contains six zoning districts, including five residential districts (A Residence, B Residence, BB Residence, B-4 Residence, and C Residence Districts) and one business district (Business A District), and regulates uses, density, and dimensional criteria in the Village (see Figure 4).

12 Inventory and Analysis of Existing Conditions

2.1.2.1 Existing Zoning

Figure 4 depicts the existing zoning districts in the Village. The BB Residence District encompasses the area immediately south of the LIE and east of Old Westbury Road, as well as a small area north of the LIE and east of Post Road. The B-4 Residence District comprises the majority of the area to the south and west of the BB Residence District, between Glen Cove Road and Old Westbury Road, as well as most of the Village north of the LIE, including all three university campuses and most of the residential neighborhoods. The C Residence District encompasses the Glen Oaks Club and Old Westbury Golf and Country Club properties, north of the LIE. To the north of Hillside Avenue, and on the west side of Glen Cove Road, are four single-family residential lots in the B Residence District; to the south of Hillside Avenue, and on the west side of Glen Cove Road, is a private single-family residential community located in the A Residence District; and to the north of Jericho Turnpike, on the west side of Glen Cove Road, are the Old Westbury Diner and a gas station/convenience store, both located in the Business A District. Table 3, below, shows the permitted uses and dimensional regulations for each zoning district in the Village.

13 Inventory and Analysis of Existing Conditions FIGURE 4

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Village of Old Westbury A Residence BB Residence Existing Zoning Municipal Boundaries B Residence Business A

B-4 Residence C Residence Source: Village of Old Westbury Zoning Map (2001); NYS Office of Information Technology Services GIS Program Office; Nassau County

Table 3 Zoning Regulations

Maximum Maximum Maximum Lot Minimum Minimum Floor Minimum Front Minimum Side Minimum Rear Minimum Building Building Area Coverage Natural Area Area Yard Yards Yard Street Frontage District Permitted Uses Maximum Height Minimum Lot Area Volume BB Residence Detached single- 35 feet (principal); 25 2 acres 78,000 cubic 8 percent of lot 25 percent of N/A 2,000 SF 75 feet 50 feet 50 feet 200 feet; 150 family dwelling; feet (accessory) feet (CF) plus lot feet on cul-de- professional home 0.4 CF for each sacs offices; Village additional 1 SF municipal uses; public of lot area in schools; public excess of 2 utilities; farms; acres accessory uses; accessory horse uses B-4 Residence Same as BB 35 feet (principal); 25 4 acres 78,000 cubic 6 percent of lot 25 percent of 35 percent of 2,000 SF 150 feet; or 200 100 feet 100 feet 25 feet; lots feet (accessory) feet (CF) plus lot first 3 acres and feet adjoining must also fit a 0.4 CF for each 50% of all the roads listed horizontal circle additional 1 SF additional lot in Note (1) with a diameter of lot area in area of at least 350 excess of 2 feet, within acres which circle the principal building shall be located B Residence Same as BB 35 feet (principal); 25 1 acre 52,272 CF plus 1 10 percent of 25 percent of N/A 1,800 SF 40 feet 25 feet (each 50 feet 140 feet feet (accessory) CF for each lot lot side); 60 feet additional 2.5 (total) SF of lot area in excess of 1 acre A Residence Same as BB plus 28 feet (principal); 15 8,000 SF 25,000 CF 20 percent of 40 percent of N/A 1,200 SF 25 feet, 15 feet (each 30 feet; 25 feet 70 feet customary home feet (accessory) (excluding lot; 25 percent lot (excluding (minimum); excluding side); 35 feet (if part of a occupations such as detached (if part of a driveways) for 2,500 SF Guinea Woods (total); or, if part planned dressmaking and garages or open planned the first 8,000 (maximum); Road and of a planned subdivision of at millinery porches); 28,000 subdivision of at SF of lot area 2,750 SF Hillside Avenue; subdivision of at least 15 lots) CF (if part of a least 15 lots) and 20 percent (maximum, if 20 feet (if part least 15 lots, 10 planned of lot area in part of a of a planned feet (each side subdivision of at excess of 8,000 planned subdivision of at and 25 feet least 15 lots) SF subdivision of at least 15 lots) (total) least 15 lots) C Residence Detached single- 35 feet (principal); 25 10 acres (for single- 78,000 cubic 6 percent of lot 25 percent of 35 percent of 2,000 SF 150 feet; or 200 100 feet 100 feet 25 feet; lots family dwelling; feet (accessory) family dwellings)(2) feet (CF) plus lot first 3 acres and feet adjoining must also fit a private golf club (not- 0.4 CF for each 50% of all the roads listed horizontal circle for-profit and 18 additional 1 SF additional lot in Note (1) with a diameter holes); private tennis of lot area in area of at least 350 club (not-for-profit excess of 2 feet, within and outdoors) acres which circle the principal building shall be located Business A Restaurant; gasoline 20 feet 1 acre N/A N/A 20 percent of N/A N/A 25 feet 25 feet 25 feet N/A service station (pre- lot existing, by special exception) Notes: (1) Bacon Road; Guinea Woods Road; Hitchcock Lane; I.U. Willets Road; Jericho Turnpike; Morgan Drive; Old Westbury Road; Post Road; Powell’s Lane; Red Ground Road; Store Hill Road (North and South); Wheatley Road; Whitney Lane (2) The C Residence District has separate dimensional regulations for golf and tennis clubs than for single-family dwellings. The dimensional regulations for single-family dwellings, aside from the minimum lot area of 10 acres, are the same as in the B-4 Residence District.

15 Inventory and Analysis of Existing Conditions

2.1.2.2 Other Land Use Regulations Aside from the use and dimensional regulations for each zoning district within the Village, the Village Code sets forth other land use regulations and procedures for review and approval of development projects in order to maintain the aesthetic appearance and quality of life of the Village.

Special Exceptions

Article XII of the Zoning Code sets forth the land uses considered special exceptions subject to approval of the Board of Trustees. These uses include the following:

› Commercial training and boarding of horses in the B-4, B or BB Residence Districts › Telecommunications cellular towers in any zoning district › Places of worship in the B-4, BB and B Residence Districts, provided that the sites of such uses have at least 200 feet of frontage on Store Hill Road, Jericho Turnpike, Hillside Avenue or Glen Cove Road, and that they are on lots of at least 12 acres. Additional dimensional requirements for places of worship are also set forth in Article XII › Not-for-profit schools in the B-4, BB and B Residence Districts, provided that the sites of such uses have at least 200 feet of frontage on Store Hill Road, Jericho Turnpike, Hillside Avenue ort Glen Cove Road, and that they are on lots of at least 15 acres. Additional dimensional requirements for not-for-profit schools are also set forth in Article XII.

Site Plan Review Procedures

Chapter 174 of the Village Code sets forth Site Plan Review procedures. This chapter empowers the Village Planning Board to review and approve site plans for new land use, development and construction activities. The Site Plan Review procedures provide guidance to the Planning Board in considering the following: › The location, arrangement, size, design and general site compatibility of buildings and structures › The adequacy and arrangement of vehicular access and circulation › The adequacy and arrangement of off-street-parking, loading and outdoor storage › The adequacy and arrangement of pedestrian traffic access and circulation › The adequacy of stormwater and drainage facilities › The adequacy of water supply and sewage disposal facilities › The adequacy, type and arrangement of trees, shrubs and other landscaping and natural screening constituting a visual and/or noise buffer between the applicant’s and adjoining lands, including the maximum feasible retention of existing vegetation › The adequacy of fire lanes and other emergency zones and the provision of fire hydrants › Protection of adjacent or neighboring properties against noise, glare, unsightliness and nuisances

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› The overall impact of the proposed development on the neighborhood and surrounding uses, including compatibility of architectural and design considerations. Additionally, the Site Plan Review standards enumerate the types of development the Village considers unacceptable for approval. The list includes the following:

› Visually offensive, or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the sites or surroundings › Mar the appearance of the area › Impair the use, enjoyment and desirability and reduce the value of properties in the area › Be detrimental to the character of the neighborhood › Prevent the most appropriate development and utilization of the site or of adjacent land › Adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community › Monotonous similarity to any other structure or building located or proposed to be located on the same subdivision in respect to one or more of the following features of exterior design and appearance: • Substantially identical façade, disregarding color • Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the façade, including reverse arrangements • Other substantially identical features, such as, but not limited to, setbacks from street lines, heights, widths and lengths of elements of building design and exterior materials and treatments › Striking dissimilarity, visual discord or inappropriateness, with respect to other structures or buildings located or proposed to be located in the same subdivision or located within 500 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following exterior design and appearance • Façade, disregarding color • Size and arrangement of doors, windows, porticos, porches or garages or other openings, breaks or extensions in the façade • Other significant design features such as, but not limited to, heights, widths, length of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas, fences, service and storage areas › Visual offensiveness or other poor qualities of exterior design, including, but not limited to, excessive divergences of the height or levels of any part of the structure or building from the grade of terrain, harmony or discord of color or incompatibility of the

17 Inventory and Analysis of Existing Conditions

proposed structure, building, refurbishing, reconstruction, alteration or addition with the terrain on which it is to be located, the failure of the exterior design to complement and enhance the natural beauty of its site, in regard to landscape, topography, surrounding structures and the scenic character of roadways when visible from said roadways.

Supplemental Land Use Regulations

Article XIII of the Zoning Code sets forth supplemental land use regulations pertaining to the following:

› exceptions to height restrictions › signs › sight obstructions › substandard lots › yards and courts › required skylights or windows › accessory buildings included in lot coverage › yards and courts to be open; exceptions to height restrictions for non-residence Nonconforming Buildings or Uses.

Article XIV of the Zoning Code sets forth the regulations governing nonconforming buildings or uses.

Article XVII of the Zoning Code established the Board of Historic Review, which is empowered to designate local landmarks of historic significance and to review and approve any applications for the demolition, reconstruction, modification or alteration on the exterior of any designated local landmarks.

2.1.2.3 Zoning Analysis Zoning regulations in the Village have evolved since their initial adoption in the 1920s. Currently, the Village has five residential zoning districts and one business zoning district. The zoning pattern is reflected in the lack of diverse land uses throughout the Village. In this regard, Old Westbury has been successful in maintaining its picturesque suburban charm. In the part of the Village north of the LIE, zoning regulations require a minimum of four acres for each single- family residence. The C Residence District goes even further, requiring a minimum of 10 acres per single-family residence, although this district is currently only applied to the two golf clubs in the Village. Throughout most of the area south of the LIE, single-family homes are permitted on lots that are at minimum two acres (east of Old Westbury Road) or four acres (west of Old Westbury Road). The exceptions are the southwest corner of the Village, where the B Residence and A Residence districts permit one-acre and 8,000-SF (0.18±-acre) residential lot sizes, respectively.

There is no existing mechanism within the Zoning Code by which the Village can approve residential developments other than single-family homes on relatively large lots. If the Village desires to diversify the housing stock within its boundaries, a new zoning mechanism would be required to allow for housing products such as age-restricted condominiums and rental units.

18 Inventory and Analysis of Existing Conditions

This can be achieved either by creating of a new zoning district or revising the permitted uses and dimensional regulations within an existing zoning district. This Study sets forth zoning recommendations for achieving the desired land use outcomes in Chapter 3.

2.1.3 Community Character

The historic character of the Village has been largely preserved, with an aim to minimize adverse impacts associated with new development. Efforts by residents and the Village have endeavored to maintain and enhance the appearance and character of the Village. In the 1920s, estate owners and the Village worked to prevent the Northern State Parkway from being built through the Village. These efforts preserved the extensive tree canopy to provide an enduring aesthetic benefit, while bolstering buffer areas along the western and southern edges of the Village. More recently, the Friends of Old Westbury, a not-for-profit corporation dedicated to enhancing the Village’s public spaces, contributes by planting flowers, trees and shrubs, helping to create a unified aesthetic in the Village. Historic resources dating back to the estate era of the late 19th and early 20th centuries have been maintained throughout the Village, particularly within the grounds of Old Westbury Gardens (see Section 2.3 for further discussion of historic and cultural resources). Any future development activities in the Village will need to acknowledge the historic character and preserve the characteristics of the Village that have endured and attracted families over time.

2.2 Demographics, Housing and Fiscal Conditions

2.2.1 Population Trends According to the U.S. Census population data, the population of the Village of Old Westbury in 2018 was 4,742 and the population of Nassau County was 1,356,564 (Table 4). Since the year 2000, the populations of both the Village and the County have increased. While the population of Nassau County has steadily increased, the population of Old Westbury appears to be reaching a plateau, as its rate of population growth has slowed considerably compared to the decade from 2000 to 2010.

Table 4 Population Growth (2000-2018)

Old Westbury Nassau County Year P opu lation Percent Change P opu lation Percent Change 2000 4,228 N/A 1,334,544 N/A 2010 4,671 +10.5% 1,339,532 +0.4% 2018 4,742 +1.5% 1,356,564 +1.3%% Source: U.S. Census Bureau, Decennial Census 2000 and 2010, American Community Survey 2014-2018 Estimates

As shown in Table 5, below, the percentage of the 55 and older population in Old Westbury has risen since 2000, even as the overall median age in Old Westbury has decreased. From a regional perspective, Nassau County has experienced an even greater increase in its age 55 and older population share, which has risen along with the County’s overall median age.

19 Inventory and Analysis of Existing Conditions

Table 5 Median Age and Share of Population Age 55+ (2000-2018)

Old Westbury Nassau County Year Median Age Percent Age 55+ Median Age Percent Age 55+ 2000 34.7 21.5% 38.5 24.5% 2010 24.4 23.8% 41.1 28.1% 2018 24.2 24.8% 41.6 31.2% Source: U.S. Census Bureau, Decennial Census 2000 and 2010, American Community Survey 2014-2018 Estimates

The increase in population age 55 and older in the Village and the County indicates there is potential demand for more housing options to serve this older population. As the population continues to age, it is more likely that residents will seek to downsize to ease the strain and cost of maintaining large single-family homes, as has been occurring throughout Nassau County, as discussed in Section 1.2.1.

2.2.2 Housing Trends As discussed in Section 1.2.1, and shown on Figure 2, the residential real estate market has responded to the rising demand for age-restricted housing. However, the distribution of these types of housing is weighted towards a few communities throughout Nassau County, particularly in East Meadow, Uniondale, Hempstead, East Massapequa and Bethpage. The northern portion of Nassau County, with Old Westbury at the center, has a significant lack of age-restricted housing, with no existing units in the Village or any of the immediate surrounding communities.

With respect to types of housing more generally, as shown in Table 6, below, Census data confirms that the vast majority (approximately 95 percent) of housing units in the Village are single-family detached homes. While these types of homes also make up the majority of units in Nassau County, the percentage is only about 76 percent, with two-family homes, multi-family apartments, and attached single-family homes all making significant contributions to Nassau County’s housing stock.

Table 6 shows that the growth in housing units in the Village since 2000 has been almost exclusively in detached single-family homes. Meanwhile, in Nassau County, there has been relatively modest growth in the number of detached single-family homes, while there has been significant growth in the shares of multi-family apartments and attached single-family homes. The growth in these housing types throughout Nassau County has resulted in a slight decrease in the percentage of detached single-family homes in Nassau County since 2000 (i.e., from 77.6 percent to 76.2 percent).

20 Inventory and Analysis of Existing Conditions

Table 6 Units in Structure (Housing Type)

Old Westbury Nassau County

Housing Type 2000 2018 Change 2000 2018 Change (Percentage) (Percentage) (Percentage) (Percentage) Single-Family, 1,015 (94.6%) 1,171 (95.3%) +156 (+15.4%) 355,319 (77.6%) 359,289 (76.2%) +3,970 (+1.1%) Detached Single-Family, 39 (3.6%) 41 (3.2%) +2 (+5.1%) 12,052 (2.6%) 13,509 (2.9%) +1,457 (+12.1%) Attached 2 Units 12 (1.1%) 5 (0.4%) -7 (-58.3%) 31,246 (6.8%) 30,972 (6.6%) -274 (-0.9%) 3-4 Units 0 12 (1.0%) +12 (N/A) 10,078 (2.2%) 9,502 (2.0%) -576 (-5.7%) 5-9 Units 7 (0.7%) 0 -7 (-100%) 6,937 (1.5%) 7,513 (1.6%) +576 (+8.3%) 10-19 Units 0 0 N/A 8,294 (1.8%) 10,255 (2.2%) +1,961 (+23.6%) 20-49 Units 0 0 N/A 11,504 (2.5%) 12,672 (2.7%) +1,168 (+10.2%) 50 or More 0 0 N/A 22,215 (4.9%) 27,215 (5.8%) +5,000 (+22.5%) Units Mobile Home 0 0 N/A 418 (0.1%) 863 (0.2%) +445 (+106.5%) Boat, RV, Van, 0 0 N/A 88 (0.02%) 45 (0.01%) -43 (-48.9%) etc. Total Housing 1,073 (100%) 1,229 (100%) +156 (+14.5%) 458,151 (100%) 471,835 (100%) +13,684 (+3.0%) Units Source: U.S. Census Bureau, Decennial Census 2000 and 2010, American Community Survey 2014-2018 Estimates

The different housing trends in Old Westbury compared to Nassau County indicate that the Village is missing an opportunity to meet the demand for certain types of housing that are being constructed elsewhere. While Old Westbury derives much of its desirability from its quiet, suburban, large-lot character, there are opportunities to help meet the rising demand for alternative housing without compromising these characteristics. As discussed in Chapter 3, new zoning standards and design guidelines can be established that allow for increased density on certain parcels, without altering the Village’s essential qualities. The Village does not desire to urbanize through construction of tall apartment buildings with little green space overtaking picturesque residential streets. Rather, there is a median that can be achieved by carefully planning to incorporate increased density into select targeted areas that can best accommodate it.

Additionally, the ongoing COVID-19 pandemic has contributed to a major boost in the suburban housing market as city dwellers seek less dense locations, larger living spaces and more private open spaces. According to One Key Multiple Listing Service, 2 the median sales price for homes (including single-family, condominiums and co-ops) in Nassau County was $590,000 in October 2020—an increase of approximately 11.3 percent over the median sales price of $530,000 at the start of the pandemic in March 2020. The increase in property values in Nassau County is due not only to the increase in demand, but also a lack of supply to meet the increased demand. These circumstances present the Village with an opportunity to explore options for increasing the supply of traditional single-family homes.

2 OneKey MLS. “Nassau County Market Updates.” October 2020. Available from: https://www.onekeymlsny.com/market-statistics/.

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The data cited above is representative of a regional trend in all ownership-type housing throughout Nassau County. However, it is noted that the market for single-family residences on the North Shore of Nassau County (which includes Old Westbury) has different characteristics than the South Shore market, and the markets for condominiums and co-ops. Between the third quarter of 2019 and the third quarter of 2020, the North Shore of Nassau County reached new records in home sale price increases. During this time period:

› The average sales price rose by 18.7 percent, from $1,007,675 to $1,196,480 › The median sale price increased by 13.2 percent, from $850,000 to$962,500 › Listings of homes on Nassau County’s North Shore plummeted from 1,728 to 1,548 › The number of sales transactions fell from 751 to 716. 3 There are multiple factors driving buyers’ demand on the North Shore of Nassau County, including out-migration of New York City families to the suburbs and historic low mortgage rates. The low inventory reflects the fact that many North Shore families, amidst economic uncertainty and COVID anxieties, are not moving. An injection of new homes into the supply could relieve some of the market pressure, especially since the pandemic may have long-term impacts on residential housing preferences for larger detached homes. Furthermore, the considerable spike in average sales price is a testament to the demand for high-end, luxury housing; the spike in median sales prices reveals that there also is an overall increase in housing market value at multiple price points on the North Shore of Nassau County.

As documented in Section 2.1.2, much of the Village is zoned for single-family dwellings on lots of four acres. The B-4 Residence District west of Old Westbury Road and south of the LIE is surrounded by higher density BB, B and A Residence districts (Figure 4). In addition to providing the opportunity for higher-density, attached housing for those 55 and over, there is a strong demand for single-family residential uses on lots of smaller sizes than permitted by existing zoning. Single-family lots of two acres would provide additional housing options, while preserving the general character of the village (sizable homes with amenities and buffers from adjoining properties). This could be achieved by rezoning portions of the B-4 Residence District to the existing BB Residence District, which would enable two-acre single-family lots. Such subdivisions would have numerous potential benefits, including: creating a new supply of single-family homes to help meet the growing demand; offering a more attractive housing product to potential homeowners with lower property taxes and maintenance costs (e.g., lawn care, snow removal and energy usage) as compared to four-acre lots; and increasing property tax revenues to the Village and County (see analysis in Section 2.2.3).

2.2.3 Fiscal Trends The Village of Old Westbury’s Adopted Budget for 2020-2021 anticipates total annual general fund expenditures of $14,492,513. More than half of these general fund expenditures are attributable to public safety costs, including police services, fire protection, and safety inspections. The 2020-2021 budget anticipates total revenues of $14,298,469. Approximately 72 percent of this total revenue is expected to consist of monies from real estate taxes. In addition

3 All metrics from Douglas Elliman, Third Quarter 2020, Quarterly Survey of Long Island, NY Residential Sales.

22 Inventory and Analysis of Existing Conditions

to the general fund, the Village also maintains a water fund. The 2020-21 budget projects that the water fund will have $2,433,140 in expenditures and $2,439,500 in revenues. Residents of Old Westbury pay general taxes (including those for Nassau County and the Town of North Hempstead), school taxes, and Village taxes. The Nassau County Assessor determines the values of properties based upon their share of the total tax levy. The Village does not make its own assessment or control the portion of taxes paid to the school district or the general taxes. Only the Village taxes are within the Village’s control.

In 2018, the Village issued $10 million dollars of AAA-rated Public Improvement Serial Bonds in order to finance capital improvements to the Village’s water infrastructure. This funding is being used to install water usage meters, upgrade water wells and tanks, and connect all of the Village’s water facilities through an integrated monitoring system.

2.3 Natural, Cultural and Historic Resources

2.3.1 Natural Resources

2.3.1.1 Rare Plants and Animals, Threatened and Endangered Species The New York State Department of Environmental Conservation (NYSDEC) Environmental Resource Mapper (ERM) and New York Nature Explorer (NYNE) databases indicate that there are no significant natural communities in the Village; however, the database records indicate the potential presence of three rare/protected plants within the Village. The records do not provide site-specific locations for the three plants, other than indicating that the plants were documented within a generalized area centered on Old Westbury Gardens. As such, the records may be associated with plant species that are maintained on the grounds or were documented within the undeveloped area north of Old Westbury Gardens. As noted on the Old Westbury Gardens website,4 Old Westbury Gardens has been fortunate that through efforts of public-private partnerships, much of the land surrounding the Gardens to the north has been protected due to its importance as a watershed area and as home to several environmentally threatened plant species including green milkweed.

The three plant species are Green Milkweed (Asclepias viridiflora), Yellow Giant-hyssop (both are threatened species in New York State) and Slender Crab Grass (Digitaria filiformis var. filiformis) (an endangered species in New York State). The record for Green Milkweed is from 1987, while the records for Yellow Giant-hyssop and Slender Crab Grass are classified as “old and potential” records from 1928 and 1899, respectively. According to the NYSDEC, old and potential plant records are for plants that were last observed and documented before 1980 and have not been observed at the record location since. With respect to Slender Crab Grass in particular, the New

4 Old Westbury Gardens. “Gardens”. Available from: https://www.oldwestburygardens.org/gardens. Accessed October 2020.

23 Inventory and Analysis of Existing Conditions

York Natural Heritage Program notes that the occurrences of Slender Crab Grass from western Long Island “are considered extirpated.”5

2.3.1.2 Groundwater Long Island is considered a sole source aquifer region, which means that groundwater is the single drinking water supply source. Thus, land uses have the potential to impact the quality of the water supply. There are three major aquifers under Long Island: the Upper Glacial, the Magothy and the Lloyd. The water source for the Village of Old Westbury is groundwater pumped from wells drilled into the Magothy aquifer.

The Village is located within the Oyster Bay Special Groundwater Protection Area (SGPA). SGPAs are significant, largely undeveloped, or sparsely developed geographic areas of Long Island that provide recharge to portions of the deep flow aquifer system, which is Long Island’s primary source of drinking water. The Oyster Bay SGPA is a designated Critical Environmental Area, the impacts upon which must be evaluated during the environmental review process pursuant to the New York State Environmental Quality Review Act (SEQRA).

Through Article X of the Nassau County Public Health Ordinance (NCPHO), the Nassau County Department of Health regulates the amount and types of wastewater being discharged to the SPGAs in order to preserve the quality of the aquifers. Article X, Section 2 of the NCPHO requires: new residential subdivisions and new residential developments utilizing individual sewerage systems to provide a net area of at least 40,000 square feet per dwelling unit.

For multi-family residential developments, including multiple dwelling houses, condominiums and cooperatives within the SGPA, the same density limit of one dwelling unit per 40,000 square feet of net area is required if individual sewerage systems are proposed. In the case of both single- and multi-family residential developments, individual sewerage systems are only permitted where the property is not located within the service area of an existing public sewer system.

As discussed in Section 2.6.2, portions of the Village are currently connected to Nassau County Sewer District No. 3 (Figure 6). In order for new developments within the Village to move forward at a density of greater than one dwelling unit per 40,000 square feet, new connections to the County’s sewer system would be required. Since the existing sewer infrastructure is present along Jericho Turnpike, Old Westbury Road, and the western portion of the LIE North Service Road, this area is more feasible for development.

2.3.1.3 Surface Waters, Wetlands and Floodplains According to the U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) mapper, the Village contains a number of freshwater ponds and forested/shrub wetlands. Several of the

5 New York Natural Heritage Program. “Slender Crab Grass”. Available from: https://guides.nynhp.org/slender-crab- grass/#:~:text=Slender%20Crab%20Grass%20Digitaria%20filiformis,Koel.&text=Listed%20a s%20Endangered%20by%20New,except%20under %20license%20or%20permit.. Accessed October 2020.

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ponds are water hazards/irrigation ponds located at golf courses within the Village. The Village does not contain any New York State-regulated freshwater or tidal wetlands. Federal regulation of surface waters and wetlands is currently determined pursuant to the final Navigable Waters Protection Rule (NWPR), which defines “waters of the United States” and establishes federal regulatory authority over same under the CWA.6 While the federal jurisdictional status of the ponds and wetlands within the Village is unknown, it is noteworthy that the NWPR specifically excludes artificial ponds from federal regulation and further excludes any lake or pond that does not contribute surface flow to a traditional navigable water in a typical year, either directly or indirectly.

According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 36059C0140G, there are no floodplains within the Village.

2.3.1.4 Historic and Cultural Resources Historic buildings and structures dating back to the estate era of the late 19th and early 20th centuries have been preserved throughout the Village, particularly within the grounds of Old Westbury Gardens. Old Westbury Gardens and its various structures are listed on the National and State Registers (N/SR) of Historic Places under the name “John S. Phipps Estate (Old Westbury Gardens).”

Table 7, below, lists the resources within the Village that have been identified as listed on the N/SR of Historic Places. Also see Figure 5 for a map of these historic resources.

6 Navigable Waters Protection Rule: Definition of “Waters of the United States. Federal Register Vol. 85 pp. 22250-22342

25 Inventory and Analysis of Existing Conditions

Table 7 Historic Resources

Name Address Status Thomas Hastings Estate 7 Stone Arch Road N/SR Listed A. Conger Goodyear House 14 Orchard Lane N/SR Listed N/SR Gertrude Vanderbilt Whitney Studio Pavilion Saddle Ridge Road Eligible N/SR Long Island University Post Campus 720 Northern Boulevard Eligible John S. Phipps Estate (Old Westbury Gardens)* N/SR Listed Three Bay Garage, CA 1900 55 Old Westbury Road N/SR Listed Superintendent’s House, 1898 55 Old Westbury Road N/SR Listed Orchard Hill, Main Residence, 1868 55 Old Westbury Road N/SR Listed Classroom/ Garage, CA 1891 55 Old Westbury Road N/SR Listed Gazebo, CA 1930 55 Old Westbury Road N/SR Listed Ice House, CA 1900 55 Old Westbury Road N/SR Listed Guest Cottage/Artist Studio, CA. 1898 55 Old Westbury Road N/SR Listed Garage/Chauffers Quarters, 1906 55 Old Westbury Road N/SR Listed South Hemlock Hedge & Linden Allee Jericho Turnpike N/SR Listed Gate Cottage and Entrance, CA. 1906 60 Post Road N/SR Listed North Beech Allee, 1906 Store Hill Road N/SR Listed Westbury House South Terrace, CA. 1907 71 Old Westbury Road N/SR Listed Thatched Cottage, CA. 1916 71 Old Westbury Road N/SR Listed Temple of Love, 1918 71 Old Westbury Road N/SR Listed Swimming Pool and Colonnade, 1916 71 Old Westbury Road N/SR Listed Rose Garden, CA. 1906 71 Old Westbury Road N/SR Listed Palm House/Potting Shed, CA. 1913 71 Old Westbury Road N/SR Listed North Gate, CA. 1906 71 Old Westbury Road N/SR Listed Laundry Building, CA. 1909 71 Old Westbury Road N/SR Listed Ghost Walk and Pinetum, CA. 1907 71 Old Westbury Road N/SR Listed Main Entrance Gates and Allee 71 Old Westbury Road N/SR Listed Westbury House 71 Old Westbury Road N/SR Listed Walled Garden, CA 1907 71 Old Westbury Road N/SR Listed Walled Garden Gates 71 Old Westbury Road N/SR Listed West Entry Gates 71 Old Westbury Road N/SR Listed Boxwood Garden, CA 1928 71 Old Westbury Road N/SR Listed Gardener’s Cottage, CA. 1906 71 Old Westbury Road N/SR Listed East Gate, CA. 1908 71 Old Westbury Road N/SR Listed South Allee Gates, CA. 1930 71 Old Westbury Road N/SR Listed Source: New York State Office of Parks, Recreation & Historic Preservation, Cultural Resource Information System Note: *The individual resources are within the overall John S. Phipps Estate (Old Westbury Gardens).

26 Inventory and Analysis of Existing Conditions

As shown above, the preserved and historic buildings and structures in Old Westbury are predominantly associated with Old Westbury Gardens, the former estate of John S. Phipps, an heir to a U.S. Steel fortune. One of the most notable buildings within the gardens is the Old Westbury House, the former home of Mr. Phipps and his family, designated for its representation of American Georgian architecture and setting surrounded by 200 acres of formal English park style gardens and landscaped grounds. Many of the resources listed in Table 7 convey the important garden features and structures that add to the character and importance of the estate. It should be noted that several other sites throughout the Village could be eligible for N/SR listing. The lack of current listing or eligibility for listing of other sites throughout the Village does not necessarily mean that these properties do not contain historic resources. Given the age of some of the estate properties in the Village, a formal review of same by the New York State Historic Preservation Office would likely lead to a determination of eligibility for listing on the N/SR of Historic Places.

27 Inventory and Analysis of Existing Conditions FIGURE 5

3 2

Number Name 1. Thomas Hastings Estate 2. A. Conger Goodyear House 3. Gertrude Vanderbilt Whitney Studio Pavilion \\v h b \g is\p ro j\H a u p p a u g e \2 6 6 1 6 .0 0 O ld W e stb u ry C o m p P la n \P ro je c t\O ld _W e stb u ry _F ig u re s_C H \O ld _W e stb u ry _F ig u re s_D e c e m b e r2 0 2 0 .a p rx Land Use and Zoning Study Village of Old Westbury, New York i 0 1000 2000 4000Feet

Village of Old Westbury John S Phipps Estate (Old Westbury Gardens) Boundary (Listed) Historic Resources

Eligible Long Island University Post Campus District (Eligible)

Listed Source: New York State Historic Preservation Office (SHPO) Cultural Resource Information System (CRIS); NYS Office of Information Technology GIS Program Office; Nassau County Note: The John S Phipps Estate (Old Westbury Gardens) contains numerous contributing resources, which are detailed in Table 7 of the text.

2.4 Aesthetics The Village’s southern boundary, Jericho Turnpike, historically marked the line where the flat Hempstead Plains of central Long Island to the south transitioned into rolling woodlands to the north. Today, the visual quality and built form of the Village reflect this location, preserved through large-lot residential development as a picturesque woodland suburban community. Large homes and estates are set back from the winding local roads and shielded from view by street trees and other buffer vegetation.

The Village’s equestrian and recreational history is also well-reflected in the visual quality of the community, with unique outdoor institutions providing a landscaped and manicured open aesthetic. These recreational resources include the Old Westbury Equestrian Center, a 28-acre riding facility just north of the LIE; the Meadowbrook Polo Club, the oldest polo club in the United States, north of Whitney Lane; and the Old Westbury Golf & Country Club and Glen Oaks Club, centrally located within Old Westbury, north of the LIE. A 97±-acre former horse farm located at the northeast corner of Jericho Turnpike and Hitchcock Lane, most recently occupied by Broad Hollow Farm, was recently redeveloped as a cemetery.

Other than the residential tree-lined streets, recreational and open space uses, the buildings that contribute most to the visual and architectural quality of Old Westbury are the large institutional and community facility uses, concentrated along or near Jericho Turnpike. These include The Wheatley School, a primarily single-story campus with associated athletic fields, and Westbury High School, a one-to-two-story school building with several large parking areas and associated athletic fields. These buildings are set back from the roadway and are generally well- integrated into the built form of the community. Religious institutional uses within the Village include the Life Lutheran Church and Day School, Old Westbury Hebrew Congregation, Old Westbury Seventh-day Adventist Church, Risen Rock – Ban Suk United Methodist Church, and Bethel United Pentecostal Church, all of which are predominantly visible along Jericho Turnpike, and the recently-constructed Central Presbyterian Church of New York, which is visible from along Old Westbury Road directly south of the LIE. These institutional and religious institutional uses are well-shielded from view by dense tree cover along the roadway. These buildings display a variety of architectural styles.

In addition to these institutional buildings and uses, there are several historic buildings in the Village that contribute to its aesthetic quality. These are listed in Table 7 and detailed in Section 2.3.1.4. However, these resources are mostly on private property and in most cases are shielded from view from the public rights of way by tree cover. Exceptions include the ornate gateways to Old Westbury Gardens, which are included on the list of the Village’s historic resources. Representative photographs of the aesthetic character of the Village are provided at the end of this section.

29 Inventory and Analysis of Existing Conditions

2.4.1 Street Trees and Vegetative Buffers A robust vegetated canopy contrasts the Village’s more densely developed surroundings to the south and west, making the Village a highly sought-after community and enhancing local real estate values.

Street trees and vegetative buffers provide aesthetic, environmental, social, and economic benefits. These elements reduce the rate of flooding and erosion during storms. Street trees and vegetative buffers also increase the value of real estate properties. Vegetative buffers provide privacy and security for residents as well. The Village maintains existing vegetated canopies through the preservation and regulation of proposed plantings on both private and public properties.

This aesthetic can be characterized in three ways; deciduous trees arching over roads, rights-of- way and evergreen buffers screening private residences, and buffer plantings along state roads, parkways, and interstates that bound and pass through the Village. The Phipps family once owned large portions of the Village. This is reflected in the sweeping allées and similar landscaping styles within what is now Old Westbury Gardens and the remaining Phipps Estate. Linden (Tilia sp.) trees are prevalent throughout the Village and have even inspired a street name—Linden Lane. It is common to see large specimen trees due to the popularity of the English landscape design that was frequently showcased at large estates found throughout the Village. Several Spruce (Picea sp.) varieties serve as vegetative buffers. This evergreen species can range in color, depending on the variety, and works well to screen private residences from the road. There is also a noticeable difference between buffers present at estates and buffers present, or lack thereof, near horse farms and schools. Buffers near estates retain a manicured aesthetic while other properties provide a more natural aesthetic, similar to what would be found in the native forested canopy.

There have been documented efforts by residents and the Village to maintain the appearance and character of the Village. Estate owners and the Village initially worked to prevent the Northern State Parkway from being built through the Village in the 1920s. These efforts have preserved an extensive tree canopy and provided for the support of buffer areas along the western and southern edges of the Village. This includes instituting rights-of-way and buffer requirements. These buffers were further bolstered during the subsequent expansion of the Northern State Parkway due to the Village’s insistence that the buffers remain. In the 1950s, construction of the LIE, which would eventually divide the Village, made necessary the sloped vegetative buffers on the northern boundary of the south side of the LIE. An agreement was made that the interstate be built below grade and prohibited the construction of interchanges for a four-mile stretch through the entire Village that has left the vegetative buffer, for the most part, intact. Additionally, high-occupancy vehicle lanes were proposed and completed in 2005 with the condition that proposed lane adjustments and additions be confined to the existing roadbed, preserving the vegetated buffers bordering the LIE. Presently, the Village Code regulates the way street trees and vegetative buffers are managed, replaced or added, particularly through Chapter 196 (Trees) and Chapter 216 (Zoning). In 2018, the Village, in conjunction with Friends of Old Westbury, initiated the Village of Old Westbury Street Tree Planting Program to reinforce a local vision of character for residential areas that includes maintaining street trees and vegetative buffers. With the input of

30 Inventory and Analysis of Existing Conditions

professional landscape architects, the Village has begun planting site-appropriate street trees along selected streets. The first street that demonstrates this effort is Wheatley Road, where a plan was created and implemented that specified the most sustainable and suitable street trees for their proposed locations. Installation of these trees was completed and can now be observed along portions of Little Wheatley Road.

2.4.2 Aesthetics Analysis

The principal elements of aesthetics in the Village are the architectural character of the homes and estate, and the dense vegetative cover. Recommendations for future development design guidelines should prioritize architectural styles that are consistent with the existing built form as well as robust vegetation requirements to maintain the look and feel of the Village.

There are certain design standards and best management practices with respect to street trees, streetscapes and vegetative buffers that provide a means of evaluating the success of a design or area. The encouragement of dense property buffers may result in the encroachment of vegetation into rights-of way and should be taken into consideration upon further development and addressed as needed. Invasive species have also been identified throughout the Village, including the Norway maple (Acer platanoides). Their prevalence may be due to the fact that Norway maples have an invasive nature, and were a highly popular choice as an ornamental shade tree in the 1700s. Its fast growth and ability to shade out competition was a main attribute, but also poses issues. Due to this shade competition and fast growth rate, Norway Maples have been observed competing with newly planted street trees where there was no competitive environment prior. The Village Code provides a list with a wide range of acceptable replacement trees for property owners interested in adding or replacing trees on their property. However, several species listed are now used less often or not at all due to increased insect infestations, disease or other problems. For example, it is generally against current best practices to specify Ash (Fraxinus sp.) due to Emerald Ash Borer, Elm (Ulmus sp.) due to Dutch Elm Disease, and Hemlock (Tsuga sp.) due to Wooly Adelgid. It has also been suggested by local arborists the specification of Arborvitae (Thuja sp.) species be limited due to the increased presence of Arborvitae Leafminer, though as observed, these tree species are still being planted in abundance in the Village. Lastly, maintaining distance between utility lines and tree limbs is important. Well established planting areas pose a risk for utility conflicts. Therefore, location and best management practices should be taken into consideration for development. Examples of this can be seen in the previously mentioned Little Wheatley Road project. Street trees and vegetative buffers are an important developmental element throughout the Village, reflecting consideration for canopy conservation by the Village and a strong desire for privacy and visual formality from the residents. These features play an essential role in the character and aesthetic of the Village.

31 Inventory and Analysis of Existing Conditions

Representative Photographs

Photo 1: Entrance to Old Westbury Gardens on Old Westbury Photo 2: Meadow Road – Residential tree-lined street Road

Photo 3: Estate entrance on Hitchcock Lane (Phipps Estate) Photo 4: Residential entrance on Wheatley Road near Post Road

32 Inventory and Analysis of Existing Conditions

Photo 5: Entrance to Glen Oaks Club on Post Road Photo 6: Wheatley Road – Residential tree-lined street

Photo 7: Village Hall on Store Hill Road Photo 8: Bethel United Pentecostal Church on Jericho Turnpike

33 Inventory and Analysis of Existing Conditions

Photo 9: Ban Suk United Methodist Church on Powells Lane Photo 10: Residence on Linden Lane

Photo 11: Vacant estate property on Bacon Road (Wang Photo 12: Estate entrance on Jericho Turnpike (Kadish Subdivision) Property)

34 Inventory and Analysis of Existing Conditions

Photo 13: Residence on Bridle Path Drive Photo 14: Queen of Peace Cemetery on Hitchcock Lane

35 Inventory and Analysis of Existing Conditions

2.5 Traffic, Parking and Public Transportation Evaluation of the transportation conditions within the Village requires an understanding of the existing roadway network. Existing transportation conditions include roadway geometry, traffic control devices, peak-hour traffic volumes, roadway operating characteristics, and parking availability. An inventory of available information on pertinent local roadways and traffic control in the Village was compiled. The following sections present a summary of this information.

2.5.1 Roadway Conditions As part of this study, the major roadways within the Village were identified. The roadways identified for study include those that are used for circulation within the Village as well as transit through and out of the Village. Minor local roadways within the area which are primarily used to access residential properties, while importantly serving that function, are not detailed here.

The principal roadways in the Village are described below. The descriptions of the roadways and key intersections include the geometric conditions and traffic control characteristics.

Per § 201-15 of the Village Code, parking is prohibited on any public streets or highways in the Village.

Jericho Turnpike (NYS Route 25)

Jericho Turnpike (NYS Route 25) is designated as such throughout the Village, running east- west from its merge/diverge with Hillside Avenue (NYS Route 25B) to the eastern Village boundary. This highway is a major east-west arterial roadway under the jurisdiction of the New York Department of Transportation (NYSDOT). Within the Village it is a divided highway and provides three travel lanes in each direction of travel with dedicated turn lanes at major intersections. The NYSDOT Traffic Data Viewer volume data for 2016 estimates the AADT on Jericho Turnpike at approximately 33,804 vehicles per day. The posted speed limit is 50 miles per hour.

Long Island Expressway (I495) South Service Road The Long Island Expressway (I495) (LIE) South Service Road (AKA Old Westbury Road/Store Hill Road) is a one-way eastbound roadway under the jurisdiction of the Nassau County Department of Public Works (NCDPW). The South Service Road provides two travel lanes in the eastbound direction with additional turning lanes at some major intersections. Within the Village the South Service Road provides an on-ramp to the eastbound LIE just east of Glen Cove Road (Exit 39) and an off-ramp from the eastbound LIE just west of its interchange with Jericho Turnpike (NYS Route 25, Exit 40). The NYSDOT Traffic Data Viewer volume data for 2016 estimates the AADT on Store Hill Road at approximately 5,215 vehicles per day. The posted speed limit within the Village is 40 miles per hour.

Long Island Expressway (I495) North Service Road

The Long Island Expressway (I495) (LIE) North Service Road (AKA Store Hill Road) is a one-way westbound roadway under the jurisdiction of the Nassau County Department of Public Works

36 Inventory and Analysis of Existing Conditions

(NCDPW). The North Service Road provides two travel lanes in the westbound direction with additional turning lanes at some major intersections. Within the Village the North Service Road provides an on-ramp to the westbound LIE just east of Glen Cove Road (Exit 39). The NYSDOT Traffic Data Viewer volume data for 2019 estimates the AADT on the North Service Road at approximately 6,028 vehicles per day. The posted speed limit within the Village is 40 miles per hour.

Powells Lane Powells Lane is a north-south collector roadway under the jurisdiction of the Village of Old Westbury. Powells Lane provides one travel lane in each direction between the LIE South Service Road and Jericho Turnpike (NYS Route 25). The NYSDOT Traffic Data Viewer volume data for 2016 estimates the AADT on Powells Lane at approximately 1,713 vehicles per day. The posted speed limit is 30 miles per hour.

Post Road Post Road is a north-south collector roadway under the jurisdiction of Nassau County Department of Public Works (NCDPW). Post Road provides one travel lane in each direction between its northerly terminus at Wheatley Road south through the intersection with the LIE South Service Road and eventually Jericho Turnpike (NYS Route 25). The NYSDOT Traffic Data Viewer volume data for 2016 estimates the AADT on Post Road at approximately 4,927 vehicles per day. The posted speed limit within the Village is 25 miles per hour.

Wheatley Road Wheatley Road is a north-south collector roadway under the jurisdiction of Nassau County Department of Public Works (NCDPW) and the Village of Old Westbury. The County portion of Wheatley Road goes from Brookville Road to Post Road, while the Village portion goes from Post Road to Store Hill Road. Wheatley Road provides one travel lane in each direction between its northerly terminus at Brookville Road south through to its southerly terminus with the Long Island Expressway South Service Road, with turning lanes at appropriate intersections. The NYSDOT Traffic Data Viewer volume data for 2019 estimates the AADT on Post Road at approximately 3,285 vehicles per day. The posted speed limit is 30 miles per hour.

Old Westbury Road Old Westbury Road is a north-south collector roadway under the jurisdiction of the Village of Old Westbury. Old Westbury Road provides one travel lane in each direction between the LIE South Service Road and Jericho Turnpike (NYS Route 25). The NYSDOT Traffic Data Viewer volume data for 2016 estimates the AADT on Old Westbury Road at approximately 3,257 vehicles per day. The posted speed limit within the Village is 30 miles per hour.

I.U. Willets Road I.U. Willets Road is an east-west collector roadway under the jurisdiction of the Nassau County Department of Public Works. Within the Village it provides one travel lane in each direction. The NYSDOT Traffic Data Viewer volume data for 2016 estimates the AADT on I.U. Willets Road at

37 Inventory and Analysis of Existing Conditions

approximately 3,194 vehicles per day. There is no posted speed limit on I.U. Willets Road within the Village.

Red Ground Road Red Ground Road is a local roadway under the jurisdiction of Nassau County Department of Public Works (NCDPW). In general, Red Ground Road runs north-south within the Village, though it turns northwest at its intersection with Hastings Drive before eventually intersecting and terminating at its intersection with Glen Cove Road. Red Ground Road it provides one travel lane in each direction, with turning lanes at appropriate intersections. The NYSDOT Traffic Data Viewer volume data for 2019 estimates the AADT on Red Ground Road at approximately 2,627 vehicles per day. The posted speed limit is 30 miles per hour.

Glen Cove Road Glen Cove Road is a major north-south arterial roadway under the jurisdiction of the Nassau County Department of Public Works (NCDPW). Within the Village it provides two travel lanes in each direction of travel with dedicated turn lanes at intersections where appropriate. The NYSDOT Traffic Data Viewer volume data for 2019 estimates the AADT on Jericho Turnpike at approximately 20,061 vehicles per day. The posted speed limit is 45 miles per hour.

2.6 Utilities and Infrastructure

2.6.1 Water Supply The Village of Old Westbury Water Department is responsible for water supply to the Village. 7 There are currently six wells in the service area, which produced 629.1 million gallons of water in 2019 to approximately 4,600 customers (1,307 water services). In 2019, construction of a new one million-gallon storage tank was completed. This system has an adequate supply to meet present water demands. As of August 2019, the Village has installed a seventh well to meet future demands. Other planned improvements include installation of a Supervisory Control and Data Acquisition (SCADA) system and improvements to a well station, generator, electrical appurtenances and booster pumps, which should be completed by the end of May 2021.

The Village in 2018 replaced all customer water meters with Automated Meter Infrastructure (AMI) meters, to improve overall water conservation efforts. These meters also allow the Water Department to manage all billing functions electronically. This system also serves as a resource for the Village and the residents to detect leaks on the property faster, easier, and with less water wasted.

According to the 2019 Annual Drinking Water Quality Report, water supply in the Village meets all Federal, State, and County drinking water health standards.

Given the existing capacity and planned improvements to the Old Westbury public water system, future development is not expected to be constrained by capacity issues.

7 Village of Old Westbury Water Department. “2019 Annual Drinking Water Quality Report”. Available from: https://villageofoldwestbury.org/DocumentCenter/View/522/2019-Annual-Drinking-Water-Quality-Report-PDF. Accessed September 2020.

38 Inventory and Analysis of Existing Conditions

2.6.2 Sanitary Sewer System

Portions of the Village are currently connected to Nassau County Sewer District No. 3 (Figure 6). The sewered areas include the SUNY Old Westbury Campus; properties along the east and west sides of Old Westbury Road; Old Westbury Gardens; the commercial and residential properties in the southwest corner of the Village west of Glen Cove Road and south of Hillside Avenue; and the residential properties in the southeastern portion of the Village, along Store Hill Road and Arborfields Court.

Development of properties located outside of the sewer district would require either an out-of- district sewer connection or individual on-site systems. For that reason, sewer availability is a potential development constraint. Sewer availability would have to be evaluated on a project- by-project basis. If no connection to the Nassau County sewer district is proposed or available, individual sewerage systems would be required at a maximum density of one dwelling unit per 40,000 square feet, as discussed in more detail in Section 2.3.1.2.

39 Inventory and Analysis of Existing Conditions FIGURE 6 \\v h b \g is\p ro j\H a u p p a u g e \2 6 6 1 6 .0 0 O ld W e stb u ry C o m p P la n \P ro je c t\O ld _W e stb u ry _F ig u re s_C H \O ld _W e stb u ry _F ig u re s_D e c e m b e r2 0 2 0 .a p rx Land Use and Zoning Study Village of Old Westbury, New York i 0 1000 2000 4000Feet

Village of Old Westbury Nassau County Sewer District No. 3 Nassau County Department of Public Works - Sewer District #3

Source: NYS Office of Information Technology GIS Program Office; Nassau County Department of Public Works

2.7 Community Facilities and Services This section contains an inventory and analysis of existing community facilities and services within the Village. Facilities and services discussed herein include police protection; fire protection and ambulance services; educational and library facilities; and parks and recreational facilities. Figure 7 depicts the locations of those community facilities and services that are located within the Village.

2.7.1 Police Protection The Old Westbury Police Department (OWPD) provides police protection services to the Village. OWPD headquarters is located at 1 Store Hill Road. OWPD is staffed by 25 police officers, as well as four full-time and one part-time civilian dispatchers, and one police secretary. OWPD operates with a minimum of three police officers on patrol on every shift and currently has 12 police vehicles, including seven marked and five unmarked patrol cars. Each marked vehicle contains supplies used to administer first aid (e.g., oxygen, bandages and automated external defibrillators). OWPD also maintains a network of 15 stationary license plate reader cameras around the perimeter of the Village.

2.7.2 Fire Protection and Ambulance Services

There are two fire districts that provide fire protection and ambulance services to the Village: the Roslyn Fire District (consisting of the Roslyn Highlands and Roslyn Rescue Fire Departments) and the Westbury Fire District (consisting of the Westbury Fire Department). The Roslyn Fire District serves the northwestern potion of the Village while the Westbury Fire District serves the remainder of the Village. There are no fire stations within the Village.

41 Inventory and Analysis of Existing Conditions FIGURE 7

Number Name 15 1. Old Westbury Police Department 2. Roslyn Highlands Fire Department 11 3. Westbury Fire Department 9 4. Dryden Street School (Westbury UFSD) 5. Park Avenue School (Westbury UFSD) 7 6. Drexel Avenue School (Westbury UFSD) 5 7. Powells Lane School (Westbury UFSD) 8 8. Westbury Middle School (Westbury UFSD) 12 9. Westbury Senior High School (Westbury UFSD) 13 10. North Side School (East Williston UFSD) 10 6 11. Willets Road School (East Williston UFSD) 12. The Wheatley School (East Williston UFSD) 3 13. Westbury Memorial Public Library 4 14. Jericho Public Library 15. Old Westbury Gardens \\v h b \g is\p ro j\H a u p p a u g e \2 6 6 1 6 .0 0 O ld W e stb u ry C o m p P la n \P ro je c t\O ld _W e stb u ry _F ig u re s_C H \O ld _W e stb u ry _F ig u re s_D e c e m b e r2 0 2 0 .a p rx

i 0 1000 2000 4000Feet Land Use and Zoning Study Village of Old Westbury, New York

Village of Old Westbury Fire Department Library Community Facilities and Services Old Westbury Gardens Source Info: NYS Office of Information Technology Police Department GIS Program Office; Nassau County School

2.7.3 Educational Facilities

There are four public school districts within the boundaries of the Village, including the Westbury Union Free School District (UFSD), East Williston UFSD, Jericho UFSD and Roslyn UFSD. East Williston UFSD covers the portion of the Village west of Old Westbury Road; Westbury UFSD covers most of the portion of the Village east of Old Westbury Road; Jericho UFSD covers only a small portion of the southeast corner of the Village that is currently developed with single-family homes; Roslyn UFSD covers a small area in the northwestern portion of the Village.

In addition to the Village of Old Westbury, the Westbury UFSD serves residents in the Village of Westbury and the hamlet of New Cassel. East Williston UFSD also serves residents in Roslyn Heights, East Williston, Williston Park, Mineola and East Hills. Jericho primarily serves residents in the hamlet of Jericho, northeastern Old Westbury, Brookville and Muttontown.

2.7.4 Public Parks, Recreational Facilities and Open Spaces

While Old Westbury is desirable in part due to its abundant greenery and open space, much of this existing green space is privately owned. Old Westbury Gardens, situated at the center of the Village, is owned by a nonprofit organization and charges an admissions fee for visitors. Recreational areas throughout the Village are largely confined to public school grounds, which have limited availability for use by the general public, or to golf clubs, equestrian centers, polo grounds and university campuses. There are no smaller scale neighborhood parks or preserves where residents can enjoy public open space without paying a fee.

43 Inventory and Analysis of Existing Conditions

2.8 Conclusions Key findings from the existing conditions inventory and analysis are as follows:

› The Village consists mainly of large-lot single family homes, residential estates, educational and religious institutional uses, and recreational open space › Demographic trends in Nassau County and the Village indicate an aging population in need of more diverse housing options › While some communities in Nassau County have built a stock of age-restricted housing over the past few decades, the northern portion of Nassau County, including the Village has very little of this stock › Residents are experiencing increased pressure on property taxes for a variety of reasons, including reassessment in Nassau County and a large inventory of tax-exempt properties due to the conversion of larger properties to tax-exempt institutional uses › Zoning regulations in the Village do not permit housing that is becoming more desirable to older residents, namely age-restricted housing in the form of condominiums, townhouses, and rentals at higher densities and with lower maintenance costs › The Village has an historic character that makes it an attractive place to live; any changes to land use regulation needs to ensure that it maintains the character of luxury residential living.

44 Inventory and Analysis of Existing Conditions

Recommendations The Village’s current zoning does not provide an adequate mechanism to achieve the stated goal and objectives that have been established. To reiterate, the goal and objectives of this Study are:

Goal: Provide opportunities for additional housing options not currently permitted by the Zoning Code, in a manner that is consistent and compatible with existing development and community character in the Village, in order to address changing demographic needs and relieve pressure on Village residential property taxes. Objectives: › Recommend amendments to the Zoning Code and Map that would allow for a wider range of residential uses in the Village, including luxury senior housing › Evaluate the likely impacts of such recommended actions as compared to the expected benefits › Ensure that development under any contemplated amendments to the Zoning Code and Map is effectively controlled to prevent a proliferation of alternative uses that would threaten the existing, predominantly single-family, residential character of the Village › Establish policies for any contemplated amendments to the Zoning Code, to provide guidance for evaluating the degree to which future actions are consistent with the Study

45 Recommendations

Policies and Standards In order to achieve the Goal and Objectives of the Village, this Study recommends the following policies and standards to guide future land use decisions:

› Any contemplated amendments to the Zoning Code should provide for the development of additional housing options beyond the large-lot, single family residences which dominate the Village’s land use setting › New housing options that are not currently provided for in the Zoning Code should be age-restricted and should allow for increased density to create a suitable community setting that enables a lower maintenance residential lifestyle. Age-restricted housing should be defined as dwelling units occupied by persons who are 55 years of age or older, except that in the case of spouses and/or significant others, only one of the two occupants must be 55 years of age or older › Development under any contemplated amendments to the Zoning Code should enhance the Village’s financial status as compared to the status quo option of continuing under the current Zoning Code › Development under any contemplated amendments to the Zoning Code should be protective of groundwater resources and therefore limited to the area of the Village that can access the Nassau County sewer system with minimal disturbance for installation of new sewer connections › Any new age-restricted housing should be developed only on properties with a minimum contiguous parcel size of 20 acres and at least 750 linear feet fronting on a State or County roadway › Where age-restricted housing is contemplated on properties having at least 750 linear feet of frontage on a County roadway but not a State roadway, the Zoning Code should require a minimum contiguous parcel size of 50 acres, and should have a permissible development density that is lower than for a qualifying property with sufficient frontage on a State roadway › Development under any contemplated amendments to the Zoning Code should include a significant portion of the lot area as open space, which is defined as encompassing all natural and managed open space areas, including gardens, woodlands, meadows, managed landscaping, trails and ponds › Sufficient on-site parking should be provided to ensure that peak parking demands are fully accommodated › Development of age-restricted housing at a higher density than is permitted under current zoning should provide community benefits to the Village, in the form of physical improvements, or payment in lieu thereof sufficient to fund physical community benefits, with amenities to be determined at the discretion of the Board of Trustees › Development under any contemplated amendments to the Zoning Code should occur in a manner that does not cause significant adverse impacts on the established community

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character in the Village. This should include buffering and screening to prevent proposed buildings from being visible from the adjacent roadways and properties using appropriate landscaping treatments (e.g., extensive use of evergreen trees and shrubs, combined with other plant species to create interest and diversity; large initial plant sizes and dense spacing; berms, where appropriate; etc.) › Development under any contemplated amendments to the Zoning Code should conform to design guidelines, which the Village can adopt as guiding principles or as requirements under the Zoning Code. Design guidelines should depict preferred architectural finishes and other features. The intent of the design guidelines should be to ensure any such new development is aesthetically consistent and compatible with the high quality and character of existing development throughout the Village.

Identification of Opportunity Sites Based on the Policies and Standards established above, the criteria for selection of “Opportunity Sites” for potential future development are listed below. These site selection criteria are intended to ensure that future development of age-restricted housing at higher densities than currently exist within the Village, as well as future development of two-acre single-family residences, is protective of community character and the public health, safety and general welfare.

› Minimum 50 contiguous acres and at least 750 linear feet of frontage on a New York State and/or Nassau County roadway for “lower-density,” age-restricted housing. These sites should be sufficiently proximate to existing Nassau County sewer infrastructure in order to minimize disturbance for installation of new sewer connections › Minimum of 20 contiguous acres and at least 750 feet of frontage on a New York State roadway for “higher-density,” age-restricted housing. These sites should be sufficiently proximate to existing Nassau County sewer infrastructure in order to minimize disturbance for installation of new sewer connections › Minimum of 20 contiguous acres and at least 500 feet of frontage on a New York State and/or Nassau County roadway for two-acre single-family subdivisions. Applying these criteria, the review of existing land use patterns in the Village indicates that the greatest opportunity to introduce new housing options lies in the portion of the Village south of the LIE, due to its proximity to existing Nassau County sewer infrastructure and major roadways. Three Opportunity Sites have been identified in the Village. Each of these properties is at least 20 acres in size and has significant frontage along major Nassau County and/or New York State roadways. These Opportunity Sites are described below and shown on Figure 8.

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Phipps Estate

The Phipps Estate, situated on approximately 98 acres between Post Road and Hitchcock Lane, is an estate residence containing numerous residential and accessory structures (e.g., barns, guest houses, storage, and garages), woodland gardens, undeveloped woods, open grass areas, paddocks, managed landscaping, a pool, a pond, internal roadways and parking areas. There are four entrances to the Phipps Estate—two on Post Road and two on Hitchcock Lane. The Phipps Estate is surrounded on the north by Old Westbury Pond and single-family residences; on the east by single-family residences and a cemetery; on the south by Westbury High School; and on the west by single-family residences, Old Westbury Gardens and vacant land. This property has approximately 3,554 feet of frontage on Post Road, which is under Nassau County jurisdiction.

Wang Subdivision

The Wang subdivision, situated on approximately 20 acres on the north side of Hillside Avenue (NYS Route 25B) and west side of Bacon Road, is a vacant property that formerly contained a residential estate. The property has been subdivided into four tax lots and a private road for single-family development. No development aside from the private road has occurred leading to vegetated overgrowth throughout the property. There is a fenced-off entrance on Hillside Avenue and a gated entrance on Bacon Road. Land uses surrounding the Wang subdivision include single-family residences to the north; the Wheatley School and single-family residences to the east; single-family residences to the south (beyond Hillside Avenue); and single-family residences to the west. This property has approximately 926 feet of frontage on Hillside Avenue, which is under New York State jurisdiction.

Kadish Property

The Kadish property, situated on approximately 53.6 acres between Jericho Turnpike (NYS Route 25) and I.U. Willets Road, is an estate residence containing several residential and accessory structures, manicured gardens and ponds. There is an entrance driveway to the Kadish property on Jericho Turnpike and another entrance on I.U. Willets Road. Land uses surrounding the Kadish property are primarily single-family residential. The Wheatley School borders the southwestern portion of the site. This property has approximately 500 feet of frontage on Jericho Turnpike, which is under New York State jurisdiction, and approximately 315 feet of frontage on I.U. Willets Road, which is under Nassau County jurisdiction.

48 Recommendations FIGURE 8 Village of Upper Brookville Village of Muttontown Town of Ced arS lvd Oyster Bay wa rnB mp rthe Rd No

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3.1 Zoning In order to provide expanded residential options, including age-restricted housing and two- acre single-family subdivisions, the Zoning Code and Map would have to be revised accordingly. For age-restricted housing, it is recommended that these revisions take the form of an incentive overlay district, which would be added on a site-by-site basis to the Zoning Map upon application to, and approval from, the Village Board of Trustees.

Provisions for incentive zoning are set forth in Section 7-703 of the New York State Village Law. Incentive zoning districts enable municipalities to grant incentives or bonuses to applicants in exchange for specific physical, social, or cultural benefits or amenities to the community. The incentives or bonuses can take the form of additional population density, area, height, open space, use, or other zoning provisions for a specific purpose authorized by the Village Board of Trustees. As such, should an applicant propose an age-restricted housing development within the incentive overlay district, the applicant would be required to enhance the development application with community benefits or amenities, approval of which would be at the discretion of the Village Board of Trustees. Otherwise, the underlying existing zoning district regulations would apply to properties within the incentive overlay district.

The policies and standards outlined above would serve as the basis for the legislation to adopt the incentive overlay district. Parcels meeting the basic dimensional requirements, in terms of acreage, frontage on State and/or County roadways, and proximity to Nassau County sewers, would be eligible for discretionary consideration by the Board of Trustees to have the incentive overlay district applied. Following any such zoning action by the Board of Trustees, development of the selected parcel(s) would be subject to the Board’s further discretionary review and approval of the site plan, which would be governed by the full set of policies and standards that are established in the zoning legislation for the incentive overlay district, as outlined above (i.e., open space, buffers, building coverage, height, yard setbacks, total coverage, parking, etc.).

Since it is the Village’s express intent to permit additional housing options to address an unmet demand while maintaining the character of the Village as a whole, it is recommended that the Board of Trustees also adopt design guidelines to supplement the recommended zoning parameters. The design guidelines, would aid the Board of Trustees in evaluating individual applications with respect to architectural style, site design and landscaping so as to ensure new housing developed within the Village would be cohesive with the existing aesthetic and reflect the Village’s rich history that makes it so unique. For two-acre single-family subdivisions, it is recommended that the Village consider applications to rezone properties that meet the minimum acreage and roadway frontage criteria set forth above. Such properties would be rezoned to the Village’s existing BB Residence District, and subject to the requirements thereof.

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Implementation The preceding sections have demonstrated that there is a long-term regional need for more housing options for older residents, including age-restricted housing. Additionally, the COVID-19 pandemic has resulted in a surge in demand for single-family homes that is expected to continue for the foreseeable future. Given the current land use pattern within the Village, the Village has an opportunity to serve these demands by amending its Zoning Code and Map to allow the desired uses on properties of sufficient size and location. Not only would the recommended Zoning Code and Map amendments help fill a housing need, they would also keep valuable properties on the tax rolls, thereby enhancing the Village’s financial status. The following discussion outlines the steps necessary to implement the recommendations presented herein and achieve the associated goals and objectives.

4.1 Draft Zoning Amendments The first step toward implementing the recommendations of this Study will be for the Village to draft amendments to the Zoning Code. This Study recommends that an overlay district be created to include age-restricted housing as a permitted use, and that rezoning from B-4 Residence to BB Residence be permitted, subject to certain lot-size and roadway frontage requirements. The zoning amendments should be consistent with the recommendations presented in this Study and incorporate the design guidelines, either as specific zoning standards or as general guidelines.

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4.2 Fiscal Impact Analysis The draft zoning amendments may result in greater density in land uses that in turn increases the value of certain parcels within the Village of Old Westbury. These higher land values could result in a greater amount of tax revenue that would be collected by all of the Village’s applicable taxing jurisdictions including the Village itself, Nassau County, the Town of North Hempstead and the school districts. The potential range of this projected revenue can be analyzed by the Village through the completion of a formal fiscal impact analysis. Tax revenue projections would be based upon projected build-out scenarios, current tax rates, and valuation estimates.

The fiscal impact analysis would also include calculation of the proposed zoning amendments' potential costs to the Village, County, Town, and school districts. These costs will be calculated through a review of the financial statements generated by each taxing jurisdiction. Based upon average costs of governmental expenditures, the total impact of the draft zoning amendments on the Village's operating and capital expenditures will be estimated. The cost estimates will be shaped by projections of the total population and number of school-age children that are likely to be generated under various build-out scenarios.

The findings from the fiscal impact analysis will be presented in a detailed memorandum estimating the net fiscal impact of the draft zoning amendments. The memorandum will present the findings within the broader context of the Village’s fiscal position while also suggesting ways that the fiscal outcome could be potentially impacted by broader market trends, macro-economic shifts, and fiscal policy decisions.

4.3 Environmental Quality Review The next implementation step will be for the Village to conduct an environmental review of the Study and associated draft zoning amendments pursuant to the New York State Environmental Quality Review Act (SEQRA), and its implementing regulations at 6 NYCRR Part 617. The SEQRA process requires the Village Board of Trustees, as lead agency, to consider the potential environmental impacts of the proposed action (i.e., adoption of the Study, zoning amendments and design guidelines), which is classified as a Type I action per 6 NYCRR Part 617.4(b)(2), “the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district.” As the adoption of these zoning amendments is a Type I action, the Village Board of Trustees would be required to prepare Parts 1-3 of the Full Environmental Assessment Form (EAF) pursuant to SEQRA. The EAF provides the Village Board of Trustees the means to identify and assess the potential for any significant adverse environmental impacts. Should the Part 3 – EAF identify potentially significant adverse impacts, the Village Board of Trustees would adopt a Positive Declaration, which would require preparation of a Draft Generic Environmental Impact Statement (DGEIS) in accordance with the SEQRA regulations. However, should the Part 3 – EAF identify no potentially significant adverse impacts, the Village Board of Trustees can adopt a Negative Declaration, concluding the SEQRA process and advancing the proposed action to the next stage of implementation.

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Should it be determined that a DGEIS is required, the SEQRA review process would be open to public participation. Public participation would occur at several phases, first in the form of public scoping for the required content of the DGEIS. Once the DGEIS is accepted as complete by the Board of Trustees, the public, along with any involved agencies and other interested parties, would have another opportunity to provide comments on the DGEIS. These comments would be incorporated into a final GEIS (FGEIS), which responds to the comments and identifies any changes to the proposed action that have occurred in the period between acceptance of the DGEIS and the end of the public comment period. Once the FGEIS is completed, it is circulated for public consideration in the same manner as the DGEIS. The FGEIS provides the basis for the Board of Trustees’ environmental Findings Statement, which sets forth the conclusions arrived at during the SEQRA review process. Issuance of the Findings Statement concludes the SEQRA process.

4.4 Adoption of the Study, Zoning Amendments and Design Guidelines After conclusion of the SEQRA process, either by issuance of a Negative Declaration or the adoption of a Findings Statement following a Positive Declaration, the proposed action would proceed to the approval stage. The Village Board of Trustees would hold a public hearing on the Study, proposed zoning amendments and design guidelines, and subsequently render a decision on same. If the Village Board of Trustees votes to approve, the zoning amendments would be officially adopted and incorporated into the Zoning Code.

4.5 Consider Proposals to Rezone Opportunity Sites After adoption of the zoning amendments, the Village Board of Trustees would be empowered to consider proposals to apply the new zoning to facilitate development of age- restricted housing and two-acre single-family subdivisions. At this point in the process, the Village Board of Trustees would have already conducted the SEQRA process with a focus on the Opportunity Sites identified in this Study. As such, it is expected that further environmental review of specific development projects would be limited in scope with a specific focus on the physical aspects of such projects, and on any proposed variances from the zoning regulations. Each rezoning and development proposal would be subject to a public hearing, after which the Village Board of Trustees would vote to approve or deny the rezoning and development.

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