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                    <text>RESOLUTION
Adopted at the August 16,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SECOND AMENDED FINAL SUBDIVISION PLAT APPROVAL

PROPOSED:

Edge on Hudson Phase 1, Block J

LOCATION:

199 Beekman Avenue

TAX MAP
DESIGNATION

Section 115.10-1-1 (West Parcel) and 115.15-1-1 (South Parcel)

ZONING:

RF - Riverfront District

WHEREAS, by resolution dated June 1, 2011, the Board of Trustees of the Village Sleepy Hollow
granted to General Motors LLC Special Permit approval and Riverfront Development Concept Plan
approval, for the redevelopment of the former North Tarrytown General Motors Assembly Plant site
located at 199 Beekman Avenue to be known as Edge on Hudson (also known as the West Parcel and
the South Parcel, collectively the "Site") (the "Project"); and
WHEREAS, subsequently, title of the Site was transferred to Lighthouse Landing Communities
LLC; and
WHEREAS, in connection with such approvals, the Project was the subject of a comprehensive
environmental review conducted by the Board of Trustees acting as Lead Agency under the State
Environmental Quality Review Act (SEQRA); the SEQRA proceeding culminated in Findings Statements
issued on July 24,2007, and on January 25,2011, in which the Board of Trustees determined after due
consideration that the Riverfront Development Concept Plan (RCDP), with its associated mitigative
measures, would not have a significant adverse environmental impact and that the project would
provide a balance between the protection of the environment and the need to accommodate social,
economic, and other considerations of sound public policy; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own waterfront
consistency review and found the proposed RDCP was consistent with the goals and policies of the
Village's Local Waterfront Revitalization Program (LWRP); and
WHEREAS, Lighthouse Landing Communities LLC then applied to the Village of Sleepy Hollow
Planning Board (the "Planning Board") for site plan and preliminary subdivision approval for Phase I of
the Project pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and Chapter 425 of the
Village Code, Subdivision of Land, and to applicable laws and regulations considered pertinent to the
Application; and
WHEREAS, the initial application to the Planning Board proposed the following: subdivision of an
approximately 24 acre portion of the 64.5± acre West Parcel into ten lots and sections of roadway
rights-of-way to be dedicated to the Village; 306 residential units (Block 1:40 affordable senior housing
units, and 148 rental units of which 21 are workforce housing; Block E: 46 condominium units; Block J:

�72 townhouse units); and approximately 2.17 acres of open space consisting of the Village Green (±
0.782 acres), and portions of the Central Park (Lot 2:±0.543 acres; and Lot 3: ± 0.845 acres) {collectively
"Phase 1"); and,
WHEREAS, by Resolution adopted October 22,2015, the Planning Board granted site plan and
preliminary subdivision plat approval to Lighthouse Landing Communities LLC for Phase 1; and,
WHEREAS, on or about August 18,2017, Lighthouse Landing Communities LLC submitted an
application for Amended Preliminary Subdivision Plat Approval so that existing Section 115.10, Block 1
Lot 5 (also known as Block J) could be subdivided into twelve separate lots and approval was
subsequently granted by the Planning Board on October 19,2017; and,
WHEREAS, Lighthouse Landing Communities LLC submitted an application for Final Subdivision
Plat approval and the Planning Board subsequently granted approval on January 18,2018; and
WHEREAS, Lighthouse Landing Communities LLC wishes to sell off certain portions of the Phase
1 development to selected developers for construction of the buildings and associated amenities
including parking and landscaping; and
WHEREAS, pursuant to Chapter 450-17 of the Village of Sleepy Hollow Zoning Code, conveyance
of property ownership requires subdivision approval under the procedures set forth in Chapter 425,
Subdivision of Land in the Village Code; and
WHEREAS, the Lighthouse Landing Communities LLC has sought out a development partner to
implement portions of the approved Phase 1 Site Plan and has entered into contract vendee status with
Toll Brothers, Inc. (now collectively the "Phase 1 Block J Applicant") to sell off certain portions of Phase
1; and
WHEREAS, on or about February 9,2018, the Phase 1 Block J Applicant submitted a petition for
site plan amendment for a reconfigured Block J layout which was subsequently approved by the
Planning Board on April 5, 2018; and,
WHEREAS, the reconfigured Block J layout approved by the Planning Board on April 5,2018 did
not specifically coincide with the approved Amended Final Subdivision Plat approved by the Planning
Board on January 18,2018, which led the Phase 1 Block J Applicant to file the subject Block J Second
Amended Final Plat for the Planning Board review and approval; and,
WHEREAS, in connection with Second Amended Block J Final Plat Approval, the Phase 1 Block J
Applicant submitted (on or about July 5, 2018) and the Planning Board has reviewed the following
materials as part of the Revised Block J Preliminary Plat Approval process:
1.

Executed Application Form

2.

EAF short form

3.

Coastal Assessment Form

4.

Preliminary Subdivision Plan, prepared by. Control Point Associates, Inc. last
revised June 24,2018; and.

�WHEREAS, the Planning Board, found after review of the subject Block J Second Amended Final
Subdivision Plat materials submitted, public comments and recommendations and the EAF that the
Project did not present significant adverse environmental impacts not addressed or inadequately
addressed In the comprehensive environmental review under SEQRA conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there were
no changes in circumstances or newly discovered information presenting such potential impacts; and
WHEREAS, by submission of same, the Phase 1 Block J Applicant seeks to subdivide existing
Section 115.10, Block 1 Lot 5 into 14 separate lots (Lots 5A, 5B, 5C, 5D, 5E, 5F, 5G, SH, 51, 5J, 5K, 5L, 5M
and 5N) (hereinafter the "2018 Application"); and
WHEREAS, the 2018 Application was reviewed and discussed by the Planning Board at their July
19,2018 regularly scheduled meeting and a public hearing was scheduled as a special meeting of the
Planning Board for August 16,2018; and
WHEREAS, on August 16,2018, the Planning Board opened a public hearing on the 2018
Application at which all members of the public were invited to attend and comment on the 2018
Application and said public hearing was subsequently closed; and
WHEREAS, having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

The requirements of 6 NYCRR Part 617 have been met and fully satisfied;

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements; and

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable.

4.

The Environmental Findings Statement and Amended Environmental Findings Statement
adopted by the Board of Trustees, as SEQRA lead agency, on July 24, 2007, and January
25,2011, (collectively, the "Environmental Findings") have been received and reviewed;
and

WHEREAS, the Planning Board adopted the Environmental Findings as the Planning Board's
involved agency environmental findings statement pursuant to 6 NYCRR Section 617.11(c), except that
the Planning Board found that the construction phasing presented by the Applicant on the Application
differs from the construction phasing considered by the Board of Trustees as Lead Agency on the
environmental review, that the Lead Agency found at Page 117 of the Findings Statement dated July 24,
2007, "that the proposed sequencing of building construction should be flexible in order to allow for
manageable detailed site plan review and provide an efficient development schedule [and the]

�proposed schedule of Building Group sequencing during the construction process shall be submitted to
the Planning Board for review and approval during the site plan review process/' and that the currently
proposed construction phasing and sequencing presented by the Applicant to the Planning Board on the
Application is appropriate and will not have an adverse environmental impact; and
WHEREAS, the initial approval of the site plan drawings and preliminary subdivision plat for lots
4,5; 6, 7,8 and 9 as shown on the Preliminary Subdivision Plan, dated November 18,2015, was subject
to the following conditions and modifications identified below which remain in full force and effect
(collectively, the "Subdivision Conditions"):
1.

This approval shall expire if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building
Department: submission of a satisfactory building permit application for building
construction within one year of the date of the adoption of the site plan approval,
subsequent construction commencing within six months of the date of building permit
issuance and thereafter diligently pursued and construction completed within two years
of the issuance of the building permit. Opportunity for extensions of the site plan
approval to be granted for good cause by the Planning Board at the request of the
Applicant for periods of six months each.

2.

Obtaining final approval of the building exterior design and appearance from all
applicable Village Boards to the extent that they may be required. Any material change
to the site plan will require the Applicant to come back before the Planning Board for a
site plan amendment. The Planning Board acknowledges that the Board of Trustees is
considering adopting a local law that would transfer jurisdiction to the Planning Board
to perform required architectural review of all applications for which site plan approval
is required, and, as set forth above, confirms that such review has been performed by
the Planning Board for the Phase 1 site plan.

3.

Documentation, sufficient in form and substance, for the Village Engineer to determine
that the list of items outlined in the Village Engineer's October 5,2015 and October 20,
2015 correspondence have been incorporated onto the site plan drawings. It is noted
that while most of the comments in the October 5,2015 report are requests for
additional information or clarification of information on the site plan drawings.
Comment U.15 is a request for implementation of sewer inflow and infiltration
measures for which the Village does not have an adopted policy and as such the
Planning Board is not making implementation of any measures or payment of any such
funds a requirement of approval for the Application, but the Applicant has nevertheless
agreed to consult with the Village Architect on possible Inflow and infiltration
remediation projects.

4.

Submission of as-built building plans and an as-built survey prior to the issuance of any
Temporary or Permanent Certificate of Occupancy (C of O).

5.

Prior to the Issuance of any building permits, a 100% performance bond, in a sum to be
determined by the Village Engineer and approved as to form by the Village Attorney,
shall be furnished to and accepted by the Village, to guarantee the satisfactory and

�complete installation and construction of all water and sewer utilities to be dedicated to
public use, roads to be dedicated to public use, public sidewalks, lighting in public rightsof-way and in public open space areas, and stormwater management facilities and
sediment and erosion control structures and measures within public rights of way.
6.

Provision of landscape maintenance bonds to remain in effect for two years to ensure
landscape plantings are established and maintained in a healthy and vigorous growing
condition. The extent of the bonds to be determined by the Village Building Inspector
and Village Administrator in consultation with the Applicant and in a form satisfactory to
the Village Attorney. Such landscape maintenance bond(s) shall be posted for each
Block upon the issuance of the Certificate of Occupancy for the last residential unit of
that specific development Block.

7.

The Applicant shall submit any geotechnical investigation of the site completed to date
which will include the geotechnical analysis of the site soil conditions as they relate to
the design and construction of any proposed structure. Any compaction/pile driving
operation required at the site shall be monitored by a professional engineer licensed in
the State of New York. During the process of compacting/pile driving, the gauges shall
be placed in the vicinity of the adjacent structures and utilities to monitor the soil
movement as recommended by a geotechnical engineer. Any damage to the adjacent
structures or utilities shall be the responsibility of the Applicant.

8.

No Temporary or Permanent C of O for a building shall be issued until the Applicant
offers for dedication: public roads, public sidewalks, lighting in public rights-of-way and
in public open space areas, public utility lines for water and sewer service, and any
public stormwater management facilities and corresponding easements associated with
that building and/or Block. Such offer for dedication shall be in a suitable form
acceptable to the Village.

9.

Completion of the Lot 2 portion of the Central Park open space shall be required prior to
the issuance of any Temporary or Permanent C of O for any units in Buildings E-2 and E3. Completion of the Lot 3 portion of the Central Park open space shall be required
prior to the issuance of any Temporary or Permanent C of O for any buildings in the J
Block fronting on the Central Park open space. The Village Green (Lot 10) shall be
completed prior to the Village's acceptance of the roundabout.

10.

Construction and installation of the rain gardens, landscaping and privacy wall located
along the Metro-North right-of-way shall be completed prior to the issuance of any
Temporary or Permanent C of O for the Block I buildings. Completion of the amenity
space associated with the 1-1 Building shall be completed prior to the issuance of any
Temporary or Permanent C of 0 for the 1-1 Building.

11.

Prior to the issuance of the Temporary or Permanent C of O covering the 300,000th
square foot of new development, the Applicant shall be required to complete the
following traffic improvement mitigation measures within the Village of Sleepy Hollow
as referenced in the June 7, 2011 Special Permit.

�a.

Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace

b.

Improvements to Beekman Avenue at Pocantico Street

12.

Prior to the completion of Phase 1, the Applicant shall submit a report to the Village
Architect to demonstrate Project's anticipated compliance track under the LEED-ND
program.

13.

The Applicant's LEED-ND compliance program will take into account and facilitate the
incorporation of bicycling as an alternate means of transportation in a manner like that
described in correspondence of Divney Tung Schwalbe dated October 22,2015. The
LEED-ND reference guide defines "bicycle network" to include any combination of
bicycle lanes, bicycle paths, and streets designed for a target speed of 25 miles per hour
or slower.

14.

The Applicant has agreed that prior to the issuance of a building permit, documentation
sufficient to show that the 1-2 and 1-3 Buildings would qualify at a minimum of LEED
Certification will be provided to the Village Architect.

15.

In accordance with paragraph 13 of the June 7,2011 Special Permit, the preliminary
subdivision plan shall include at a minimum separate parcels for the Waterfront Open
Space, the portion of the South Parcel intended to be for public uses by the Village, and
that portion of the West Parcel associated with the first phase of development. The
layout of such parcels shall be consistent with Figure No. 2 Public Open Space and Public
Use Diagram as referenced in paragraph 9 of the June 7,2011 Special Permit. The East
Parcel was subdivided and conveyed to the Sleepy Hollow Local Development
Corporation, the Village's designee, by deed dated December 22,2014 and recorded
December 24,2014 and any further subdivision of the East Parcel is not within the
Applicant's control.

16.

No building permit for any project building (other than buildings that will be used for
sales models that may be constructed on the South Parcel) will be issued prior to the
temporary improvement of the Beekman Avenue Bridge to an HS 25 standard with
conditions as set forth in the June 7,2011 Special Permit, and the removal of the
existing pedestrian bridge over the Metro-North tracks. No Temporary or Permanent C
of O for any project building will be issued prior to completion of the reconstruction and
repair work on the Beekman Avenue Bridge and the removal of the pedestrian bridge. A
July 30, 2018, correspondence from the Village Board to Lighthouse Landing
Communities, LLC further clarifies the requirements the Applicant must meet with
respect to the construction of the Beekman Avenue Bridge and removal of the
pedestrian bridge and the issuance of Certificates of Occupancy for Phase 1.

17.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to any building permit being issued.

18.

Consistent with the Environmental Findings and the Special Use Permit the Applicant
will observe and fully comply with ail of the requirements of the Site Management Plan

�(SMP) and the Excavation Work Plan (EWP) (Appendix A of the SMP on file with the
Village) as required by New York State Department of Environmental Conservation (NYS
DEC) under the Brownfleld Cleanup Program (BCP). The Applicant will copy the Village
on all submittals to the NYS DEC that are required as part of the SMP and the EWP.
19.

All conditions identified in the Village Board's June 1,2011 Special Permit shall remain in
full force and effect.

WHEREAS, the Village has identified and the Applicant confirms that due to conflicts and setback
requirements with several of the designed underground utilities in Road 4 (now Legend Drive), the 12
inch Con Edison gas main was moved from the paved roadway to under the western sidewalk and, gas
valves were installed in the roadway crosswalks ("Con Edison Work") such that they do not comply with
Village standards, are not in conformance with the Preliminary Plat and the Final Plat will need to be
updated; and
WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has
conducted the following activities:
1. Received a completed application and application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed project which were
provided in written form or discussed with the Planning Board during the course of the
Planning Board meetings;
3. Requested, received and reviewed an EAR and Coastal Assessment Form;
NOW, THEREFOR, BE IT RESOLVED, that the Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the 2018
Application does not present significant adverse environmental impacts not addressed or inadequately
addressed in the comprehensive environmental review under SEQR conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there are no
changes in circumstances or newly discovered information presenting such potential impacts; and be it
further
RESOLVED, that having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

The requirements of 6 NYCRR Part 617 have been met and fully satisfied;

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements;

�3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental Impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable; and

4.

The Environmental Findings have been received and reviewed; and be it further

RESOLVED, that the Phase 1 Block J Applicant will update the Final Plat set sufficient in form and
substance for the Village Engineer that the list of items outlined in the Village Engineer's July 20, 2018
correspondence have been incorporated and addressed; and, be it further
RESOLVED, no temporary or permanent certificate of occupancy will be issued for any unit
facing the Central Park from Block J until the adjacent Central Park block is completed. Completion of
the Lots 2 and 3 portion of the Central Park open space shall be required prior to the issuance of any
Temporary or Permanent C of 0 for any buildings in the J Block fronting on the Central Park open space.
The Village Green (Lot 10) shall be completed prior to the Village's acceptance of the roundabout.
RESOLVED, that prior to the acceptance of any roadway by the Village of Sleepy Hollow, the
Lighthouse Landing Communities LLC shall utilize diligent and best faith efforts, including but not limited
to paying for the cost of modifying the Con Edison Work, to cause the update of the Final Plat to show to
the satisfaction of the Village's Building Department and the Village's consulting engineer that the utility
installation in Road 4 {now Legend Drive) have been modified to relocate the gas valves previously
installed in the cross walk to a location previously approved by the Village; and, be it further
RESOLVED, that all of the Subdivision Conditions enumerated herein and outlined in the prior
approvals by the Village of Sleepy Hollow as part of the Special Permit, Riverfront Development Concept
Plan, Subdivision and Site Plan for Phase 1 shall remain in full force and effect and shall be and remain
the responsibility of Lighthouse Landing Communities LLC to implement; and, be it further
RESOLVED, the application for Second Amended Block J Final Plat Approval is hereby granted
and the Chair of the Planning Board may sign the Plat for filing with Westchester County.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

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Page 8 of 8

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                    <text>RESOLUTION
Adopted at the October 18,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

AMENDED FINAL SUBDIVISION PLAT APPROVAL

PROPOSED:

Edge on Hudson Phase 1, Block E

LOCATION:

199 Beekmsn Avenue

TAX MAP
DESIGNATION:

Section 115.10-1-1 (West Parcel) and 115.15-1-1 (South Parcel)

ZONING:

RF - Riverfront District

WHEREAS, by resolution dated June 7, 2011, the Board of Trustees of the Village Sleepy Hollow
granted to General Motors LLC Special Permit approval and Riverfront Development Concept Plan
approval, for the redevelopment of the former North Tarrytown General Motors Assembly Plant site
located at 199 Beekman Avenue to be known as Edge on Hudson (also known as the West Parcel and
the South Parcel, collectively the "Site") (the "Project"); and
WHEREAS, subsequently, title of the Site was transferred to Lighthouse Landing Communities
LLC; and
WHEREAS, in connection with such approvals, the Project was the subject of a comprehensive
environmental review conducted by the Board of Trustees acting as Lead Agency under the State
Environmental Quality Review Act (SEQRA); the SEQRA proceeding culminated in Findings Statements
issued on July 24, 2007, and on January 25, 2011, in which the Board of Trustees determined after due
consideration that the Riverfront Development Concept Plan (RCDP), with its associated mitigative
measures, would not have a significant adverse environmental impact and that the project would
provide a balance between the protection of the environment and the need to accommodate social,
economic, and other considerations of sound public policy; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own waterfront
consistency review and found the proposed RDCP was consistent with the goals and policies of the
Village's Local Waterfront Revitalization Program (LWRP); and
WHEREAS, Lighthouse Landing Communities LLC then applied to the Village of Sleepy Hollow
Planning Board (the "Planning Board") for site plan and preliminary subdivision approval for Phase I of
the Project pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and Chapter 425 of the
Village Code, Subdivision of Land, and to applicable laws and regulations considered pertinent to the
Application; and
WHEREAS, the initial application to the Planning Board proposed the following: subdivision of an
approximately 24 acre portion of the 64.5± acre West Parcel into ten lots and sections of roadway
rights-of-way to be dedicated to the Village; 306 residential units (Block 1:40 affordable senior housing

�units, and 148 rental units of which 21 are workforce housing; Block E: 46 condominium units; Block J:
72 townhouse units); and approximately 2.17 acres of open space consisting of the Village Green (±
0.782 acres), and portions of the Central Park (Lot 2:±0.543 acres; and Lot 3: ± 0.84S acres) (collectively
"Phase 1"); and,
WHEREAS, by Resolution adopted October 22, 2015, the Planning Board granted site plan and
preliminary subdivision plat approval to Lighthouse Landing Communities LLC for Phase 1; and,
WHEREAS, Lighthouse Landing Communities LLC submitted an application for Final Subdivision
Plat approval and the Planning Board subsequently granted approval on January 18, 2018; and
WHEREAS, Lighthouse Landing Communities LLC wishes to sell off certain portions of the Phase
1 development to selected developers for construction of the buildings and associated amenities
including parking and landscaping; and
WHEREAS, pursuant to Chapter 450-17 of the Village of Sleepy Hollow Zoning Code, conveyance
of property ownership requires subdivision approval under the procedures set forth in Chapter 425,
Subdivision of Land in the Village Code; and
WHEREAS, the Lighthouse Landing Communities LLC has sought out a development partner to
implement portions of the approved Phase 1 Site Plan and has entered Into contract vendee status with
Toll Brothers, Inc. (now collectively the "Phase 1 Block E Applicant") to sell off certain portions of Phase
1; and
WHEREAS, the reconfigured Block E layout approved by the Planning Board on or about October
22, 2015 did not specifically coincide with the approved Amended Final Subdivision Plat approved by the
Planning Board on January 18, 2018, which led the Phase 1 Block E Applicant to file the subject Block E
Amended Final Plat for the Planning Board review and approval; and,
WHEREAS, In connection with the Amended Block E Final Plat Approval, the Phase 1 Block E
Applicant submitted {on or about 9/6/2018) and the Planning Board has reviewed the following
materials as part of the Revised Block J Preliminary Plat Approval process:
1.

Executed Application Form

2.

EAF short form

3.

Coastal Assessment Form

4.

Subdivision Plat, prepared by. Control Point Associates, Inc. last revised
9/28/2018; and,

WHEREAS, the Planning Board, found after review of the subject Block E Amended Final
Subdivision Plat materials submitted, public comments and recommendations and the EAF that the
Project did not present significant adverse environmental impacts not addressed or inadequately
addressed In the comprehensive environmental review under SEQRA conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there were
no changes in circumstances or newly discovered information presenting such potential Impacts; and

�WHEREAS, by submission of same, the Phase 1 Block E Applicant seeks to adjust internal parcel
lines between lots 1.41 and 1.42 (hereinafter the "2018 Application"); and
WIHEREAS, the 2018 Application was reviewed and discussed by the Planning Board at their
9/20/2018 and a public hearing was scheduled for 10/20/2018; and
WHEREAS, on 10/2012018, the Planning Board opened a public hearing on the 2018 Application
at which all members of the public were invited to attend and comment on the 2018 Application and
said public hearing was subsequently closed; and
WHEREAS, having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

The requirements of 6 NYCRR Part 617 have been met and fully satisfied;

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements; and

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable.

4.

The Environmental Findings Statement and Amended Environmental Findings Statement
adopted by the Board of Trustees, as SEQRA lead agency, on July 24, 2007, and January
25,2011, (collectively, the "Environmental Findings") have been received and reviewed;
and

WHEREAS, the Planning Board adopted the Environmental Findings as the Planning Board's
involved agency environmental findings statement pursuant to 6 NYCRR Section 617.11(c), except that
the Planning Board found that the construction phasing presented by the Applicant on the Application
differs from the construction phasing considered by the Board of Trustees as Lead Agency on the
environmental review, that the Lead Agency found at Page 117 of the Findings Statement dated July 24,
2007, "that the proposed sequencing of building construction should be flexible In order to allow for
manageable detailed site plan review and provide an efficient development schedule [and the]
proposed schedule of Building Group sequencing during the construction process shall be submitted to
the Planning Board for review and approval during the site plan review process," and that the currently
proposed construction phasing and sequencing presented by the Applicant to the Planning Board on the
Application is appropriate and will not have an adverse environmental impact; and
WHEREAS, the initial approval of the site plan drawings and preliminary subdivision plat for lots
4,5, 6, 7,8 and 9 as shown on the Preliminary Subdivision Plan, dated November 18, 2015, was subject
to the following conditions and modifications identified below which remain in full force and effect
(collectively, the "Subdivision Conditions"):

�1.

This approval shall expire if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building
Department: submission of a satisfactory building permit application for building
construction within one year of the date of the adoption of the site plan approval,
subsequent construction commencing within six months of the date of building permit
issuance and thereafter diligently pursued and construction completed within two years
of the issuance of the building permit. Opportunity for extensions of the site plan
approval to be granted for good cause by the Planning Board at the request of the
Applicant for periods of six months each.

2.

Obtaining final approval of the building exterior design and appearance from all
applicable Village Boards to the extent that they may be required. Any material change
to the site plan will require the Applicant to come back before the Planning Board for a
site plan amendment. The Planning Board acknowledges that the Board of Trustees is
considering adopting a local law that would transfer jurisdiction to the Planning Board
to perform required architectural review of all applications for which site plan approval
is required, and, as set forth above, confirms that such review has been performed by
the Planning Board for the Phase 1 site plan.

3&lt;

Documentation, sufficient in form and substance, for the Village Engineer to determine
that the list of items outlined in the Village Engineer's October 5, 2015 and October 20,
2015 correspondence have been incorporated onto the site plan drawings. It is noted
that while most of the comments in the October 5, 2015 report are requests for
additional information or clarification of information on the site plan drawings.
Comment U.15 is a request for implementation of sewer inflow and infiltration
measures for which the Village does not have an adopted policy and as such the
Planning Board is not making implementation of any measures or payment of any such
funds a requirement of approval for the Application, but the Applicant has nevertheless
agreed to consult with the Village Architect on possible Inflow and infiltration
remediation projects.

A,

Submission of as-built building plans and an as-built survey prior to the issuance of any
Temporary or Permanent Certificate of Occupancy (C of 0).

5.

Prior to the issuance of any building permits, a 100% performance bond, in a sum to be
determined by the Village Engineer and approved as to form by the Village Attorney,
shall be furnished to and accepted by the Village, to guarantee the satisfactory and
complete installation and construction of all water and sewer utilities to be dedicated to
public use, roads to be dedicated to public use, public sidewalks, lighting in public rightsof-way and in public open space areas, and stormwater management facilities and
sediment and erosion control structures and measures within public rights of way.
Provision of landscape maintenance bonds to remain in effect for two years to ensure
landscape plantings are established and maintained in a healthy and vigorous growing
condition. The extent of the bonds to be determined by the Village Building Inspector
and Village Administrator in consultation with the Applicant and in a form satisfactory to
the Village Attorney. Such landscape maintenance bond(s) shall be posted for each

�Block upon the issuance of the Certificate of Occupancy for the last residential unit of
that specific development Blocl&lt;.
7.

The Applicant shall submit any geotechnical investigation of the site completed to date
vk/hich vt/ill include the geotechnical analysis of the site soil conditions as they relate to
the design and construction of any proposed structure. Any compaction/pile driving
operation required at the site shall be monitored by a professional engineer licensed in
the State of New York. During the process of compacting/pile driving, the gauges shall
be placed in the vicinity of the adjacent structures and utilities to monitor the soil
movement as recommended by a geotechnical engineer. Any damage to the adjacent
structures or utilities shall be the responsibility of the Applicant.

8.

No Temporary or Permanent C of 0 for a building shall be issued until the Applicant
offers for dedication: public roads, public sidewalks, lighting in public rights-of-way and
In public open space areas, public utility lines for water and sewer service, and any
public stormwater management facilities and corresponding easements associated with
that building and/or Block. Such offer for dedication shall be in a suitable form
acceptable to the Village.

9.

Completion of the Lot 2 portion of the Central Park open space shall be required prior to
the Issuance of any Temporary or Permanent C of 0 for any units in Buildings E-2 and E3. Completion of the Lot 3 portion of the Central Park open space shall be required
prior to the Issuance of any Temporary or Permanent C of 0 for any buildings in the J
Block fronting on the Central Park open space. The Village Green (Lot 10) shall be
completed prior to the Village's acceptance of the roundabout.

10.

Construction and installation of the rain gardens, landscaping and privacy wall located
along the Metro-North right-of-way shall be completed prior to the issuance of any
Temporary or Permanent C of 0 for the Block I buildings. Completion of the amenity
space associated with the 1-1 Building shall be completed prior to the Issuance of any
Temporary or Permanent C of 0 for the 1-1 Building.

11.

Prior to the Issuance of the Temporary or Permanent C of 0 covering the 300,000th
square foot of new development, the Applicant shall be required to complete the
following traffic improvement mitigation measures within the Village of Sleepy Hollow
as referenced In the June 7, 2011 Special Permit.
a.

Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace

b.

Improvements to Beekman Avenue at Pocantico Street

12.

Prior to the completion of Phase 1, the Applicant shall submit a report to the Village
Architect to demonstrate Project's anticipated compliance track under the LEED-ND
program.

13.

The Applicant's LEED-ND compliance program will take into account and facilitate the
Incorporation of bicycling as an alternate means of transportation in a manner like that

�described in correspondence of Divney Tung Schwalbe dated October 22, 2015. The
LEED-ND reference guide defines "bicycle network" to include any combination of
bicycle lanes, bicycle patiis, and streets designed for a target speed of 25 miles per hour
or slower.
14.

The Applicant has agreed that prior to the issuance of a building permit, documentation
sufficient to show that the 1-2 and 1-3 Buildings would qualify at a minimum of LEED
Certification will be provided to the Village Architect.

15.

In accordance with paragraph 13 of the June 7, 2011 Special Permit, the preliminary
subdivision plan shall include at a minimum separate parcels for the Waterfront Open
Space, the portion of the South Parcel intended to be for public uses by the Village, and
that portion of the West Parcel associated with the first phase of development. The
layout of such parcels shall be consistent with Figure No. 2 Public Open Space and Public
Use Diagram as referenced in paragraph 9 of the June 7, 2011 Special Permit. The East
Parcel was subdivided and conveyed to the Sleepy [Hollow Local Development
Corporation, the Village's designee, by deed dated December 22,2014 and recorded
December 24,2014 and any further subdivision of the East Parcel Is not within the
Applicant's control.

16.

No building permit for any project building (other than buildings that will be used for
sales models that may be constructed on the South Parcel) will be issued prior to the
temporary improvement of the Beekman Avenue Bridge to an HS 25 standard with
conditions as set forth in the June 7, 2011 Special Permit, and the removal of the
existing pedestrian bridge over the Metro-North tracks. No Temporary or Permanent C
of 0 for any project building will be issued prior to completion of the reconstruction and
repair work on the Beekman Avenue Bridge and the removal of the pedestrian bridge. A
July 30, 2018, correspondence from the Village Board to Lighthouse Landing
Communities, LLC further clarifies the requirements the Applicant must meet with
respect to the construction of the Beekman Avenue Bridge and removal of the
pedestrian bridge and the issuance of Certificates of Occupancy for Phase 1.

17.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to any building permit being issued.

18.

Consistent with the Environmental Findings and the Special Use Permit the Applicant
will observe and fully comply with all of the requirements of the Site Management Plan
(SMP) and the Excavation Work Plan (EWP) (Appendix A of the SMP on file with the
Village) as required by New York State Department of Environmental Conservation (NYS
DEC) under the Brownfield Cleanup Program (BCP). The Applicant will copy the Village
on all submittals to the NYS DEC that are required as part of the SMP and the EWP.

19.

All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in
full force and effect.

WHEREAS, the Village has identified and the Applicant confirms that due to conflicts and setback
requirements with several of the designed underground utilities in Road 4 (now Legend Drive), the 12

�inch Con Edison gas main was moved from the paved roadway to under the western sidewalk and, gas
valves were installed in the roadway crosswalks ("Con Edison Work") such that they do not comply with
Village standards, are not in conformance with the Preliminary Plat and the Final Plat will need to be
updated; and
WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has
conducted the following activities:
1. Received a completed application and application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed project which were
provided in written form or discussed with the Planning Board during the course of the
Planning Board meetings;
3. Requested, received and reviewed an EAF and Coastal Assessment Form;
NOW. THEREFOR, BE IT RESOLVED, that the Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the 2018
Application does not present significant adverse environmental impacts not addressed or inadequately
addressed in the comprehensive environmental review under SEQR conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there are no
changes in circumstances or newly discovered information presenting such potential impacts; and be it
further
RESOLVED, that having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

The requirements of 5 NYCRR Part 617 have been met and fully satisfied;

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements;

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable; and

4.

The Environmental Findings have been received and reviewed; and be it further

RESOLVED, that the Phase 1 Block E Applicant will update the Final Plat set, sufficient in form
and substance for the Village Engineer, to add a note referring to the Phase I site plan drawings to
reference the latest revision date of the site plan that includes the information that is required by Village
code to appear on the plat; and, be it further

�RESOLVED, no temporary or permanent certificate of occupancy will be issued for any unit
facing the Central Park fronn Block E until the adjacent Central Park block is completed. The Village
Green (Lot 10) shall be completed prior to the Village's acceptance of the roundabout.
RESOLVED, that prior to the acceptance of any roadway by the Village of Sleepy Hollow, the
Lighthouse Landing Communities LLC shall utilize diligent and best faith efforts, including but not limited
to paying for the cost of modifying the Con Edison Work, to cause the update of the Final Plat to show to
the satisfaction of the Village's Building Department and the Village's consulting engineer that the utility
installation in Road 4 (now Legend Drive) have been modified to relocate the gas valves previously
installed in the cross walk to a location previously approved by the Village; and, be it further
RESOLVED, that all of the Subdivision Conditions enumerated herein and outlined in the prior
approvals by the Village of Sleepy Hollow as part of the Special Permit, Riverfront Development Concept
Plan, Subdivision and Site Plan for Phase 1 shall remain in full force and effect and shall be and remain
the responsibility of Lighthouse Landing Communities LLC to implement; and, be it further
RESOLVED, the application for Amended Block E Final Plat Approval is hereby granted and the
Chair of the Planning Board may sign the Plat for filing with Westchester County.
PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW
3
Date

the undersigned
OAWOtpS^rSriCdoto
a tnie copy of en oxnct duly adopted tiy the Board or
I M S of the Vlllade of a m Hollow, o n ^
of
• 20 I V and o f the whole thereof,
and I AfftheroartHV that the seme wttflntered into the
minutes of the meeting or said Board of t^uitees held on
said date.
IN wmieSS WHStEOF, I
hereunto^ my hand and
offldal t m m o M j I a t of g c c a - r ^ * - ^
, njK.-

T&gt;ec

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                    <text>RESOLUTION
Adopted at the June 21,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

AMENDED SITE PLAN APPROVAL

PROPOSED:

Single-family residence

LOCATION:

231 Webber Avenue

TAX MAP
DESIGNATION:

Section 115.08, Block 1, Lot 2.2

ZONING:

R-1 Residential

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the "Planning Board") has
reviewed an application for site plan approval (the "Application") pursuant to the Village Zoning
Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered pertinent to the
Application, which is for the modifications to the driveway entrance to a single family residence (the
"Proposed Action") located at 231 Webber Avenue (the "Project Site"). The Application is submitted on
behalf of Landrock LLC (the "Applicant"); and
WHEREAS, the Applicant had received an initial site plan approval for the construction of an
existing single family residence, accessory structures, relocation of an existing driveway entrance,
creation of storm water basin, installation of landscaping and stone walls and the installation of utilities
from the Planning Board on 10/21/10; and
WHEREAS, the Applicant has since constructed all of the improvements and subsequently
certain utility installations required the adjustments to the driveway entrance; and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Planning Board application, dated received 4/12/18, signed by Michael Rockefeller on
behalf of Landrock LLC;

2.

Site Plan set, including:
•
•
•
•
•
•
•

Cover Sheet, prepared by Divney Tung Schwalbe (DTS), last revised 4/12/18
Master Site Plan, prepared by DTS, last revised 4/12/18
Driveway Area Grading &amp; Drainage/Erosion &amp; Sediment Control Plan, prepared by DTS,
last revised 6/7/18 •
Driveway Area - Site Details, prepared by DTS, last revised 4/12/18
Driveway Area - Erosion &amp; Sediment Control Details, prepared by DTS, last revised
4/12/18
Survey of Property, prepared by H. Stanley Johnson &amp;. Co. (HSJ) dated 6/25/10
As-Built Topographic Survey (Driveway Area), prepared HSJ dated 7/22/1^

�3.

Short Environmental Assessment Form, dated ^/12/lB signed by Donna Maiello;

4.

Coastal Assessment Form, dated ^/12/lB signed by Donna Maiello;

5.

Summary of Storm water Modifications, prepared by DTS, last revised 5/15/18 with
supporting documentation;

6.

Correspondence dated 3/6/18 from NYS Parks Recreation and Historic Preservation in
support of the Propose Action;

7.

Review memoranda from Dolph Rotfeld Engineering dated 5/11/18.

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 1/18/18, and 5/17/18;
WHEREAS, comments from the public were received in writing and at public meetings; and
WHEREAS, a public hearing was held on 6/21/18 in which all members of the public were invited to be
heard and the Planning Board subsequently closed the hearing; and WHEREAS, in the course of its
review and acting as Lead Agency pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 of the Environmental Conservation Law, the Planning Board has conducted the following
activities:
1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed a Short Environmental Assessment Form and coastal
assessment form; and
4. Held a duly noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments, including written correspondence and recommendations and the EAF, has
determined that the proposed action is a Type II Action and makes a determination of non-significance
of environmental impact; and be it further
RESOLVED, that the said Application for amended site plan approval relative to the adjustment
of the existing driveway area as shown on the site plan as dated 6/7/18 and as may be subsequently
revised, is hereby granted approval and the Applicant may obtain the endorsed approval, of the Planning
Board Chairman on a copy of the resolution and upon the site plan drawings, as and when revised as
necessary to show compliance with the following conditions, which endorsement shall permit filing in
the Sleepy Hollow Department of Architecture, Land Development, Buildings 8i Building Compliance (the
Building Department) for purposes of obtaining a building permit in accordance with this resolution and
all building code requirements, provided however, that this approval shall expire one (1) year after the
date of this resolution if the following modifications and conditions have not been completed to the
satisfaction of the Planning Board and the Village Building Department, and, the Applicant has not
obtained the required building permit or permits for construction in accordance with the approved
plan(s):

�2.

3.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a building permit being issued.
Documentation, sufficient in form and substance for the Village Engineer that the list of
items outlined in the Village Engineers 5/18/18 correspondence have been
incorporated onto the Site Plan drawings.
Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment, including any extension of utilities
beyond that necessary to serve the existing home.

4. Any proposal for future subdivision of the Project Site will require an application to the
Planning Board for approval and may require modifications to existing improvements
including the driveway entrance and driveway configuration; and
5. The Applicant will be required to appear before this Board for subdivision and site plan
approval if it proceeds with subdivision.

PLANNING BOARD
VILLAGE OF

1 kh^

Date'

:^the undersigned
;d«iL do hefcby c e r t i f y ^

c U^
yCtailt

7

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                    <text>RESOLUTION
Adopted at the September 20,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN APPROVAL AND WETLAND PERMIT

PROPOSED:

New Pavilion and Deck Replacement Philipse Manor Beach Club

LOCATION:

West End of Palnfier Avenue

TAX MAP
DESIGNATION:

Section 110.18, Block 1, Lot 1

ZONING:

P- Park

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has reviewed
an application for site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article
X, Site Plan review, and to applicable laws and regulations considered pertinent to the Application for
the construction of replacement lifeguard deck with pavilion style cover (the Proposed Action) to be
located at the Philipse Manor Beach Club; and
WHEREAS, the Application is submitted on behalf of the Philipse Manor Beach Club (the
Applicant); and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Planning Board Application package dated 5/7/18 signed by Thomas Andruss on behalf
of the Applicant including an environmental assessment form;

2.

Site plan drawing set, stamped and signed by Frank Tancredi, Registered Architect,
including:
- Site Plan Area Map dated 5/7/18;
- Site Plan last revised 5/22/18;
- Pier layout and deck plans dated 5/7/18; and
' Elevations and sections, details dated 5/7/18;

3.

Review memoranda from Dolph Rotfeld Engineering dated 05/18/18 and 7/20/18;

4.

Correspondence dated 7/19/18 from NYS DEC.

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 5/17/18 and 6/21/18; and
WHEREAS, a public hearing held on 6/21/18 and carried over and closed on 9/20/18, in which
all members of the public were invited to be heard; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part 617 of the
Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning
Board conducted the following activities:

�1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed an Environmental Assessment Form; and
4. Held a duly noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments and recommendations, the EAF and Section 418-9, has determined that the
Proposed Action is a Type II Action and makes a determination of non-significance of environmental
impact; and, be it further
RESOLVED, that the Planning Board considered the following factors in making Its decision to
grant a wetlands/watercourse permit consistent with Section 418-12 of the Village Code:
1. The PMBC provides an Important recreational, social and economic addition to the
greater Sleepy Hollow community and the proposed pavilion and deck replacement Is in
kind;
2. The pavilion and deck replacement will not Interfere with existing wetland and
watercourse functions;
3. The proposed activity will not Impact flood flows or flood storage; and, be It further
RESOLVED, that the said Application for site plan and wetland/watercourse permit for the
pavilion and deck replacement as shown on the site plan dated 5/22/18 and as may be subsequently
revised. Is hereby granted approval, and the Applicant may obtain the endorsed approval of the
Planning Board Chairman on a copy of the resolution and upon the site plan drawings, as and when
revised as necessary to show compliance with the following conditions, which endorsement shall permit
filing in the Sleepy Hollow Department of Architecture, Land Development, Buildings &amp; Building
Compliance (the Building Department) for purposes of obtaining a building permit in accordance with
this resolution and all building code requirements, provided however, that this approval shall expire one
(1) year after the date of this resolution if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building Department, and, the
Applicant has not obtained the required building permit or permits for construction in accordance with
the approved plan(s):
1. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a permit being issued.
2. Documentation, sufficient In form and substance for the Village Engineer that the list of
items outlined in the Village Engineer's 7/20/18 correspondence have been
incorporated and addressed including any required coordination with and/or permitting
from the New York State Department of Environmental Conservation;

�3. Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment.
PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
October 18, 2018
The regular meeting was called to order at 8:06 PM by Chairperson Marjorie Hsu.
Present:

Marjorie Hsu, Chairperson
Tom Andruss
Matthew Brennan
Ed McCarthy
Erin Carney
Kersten Harries

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer
Pamela Pengelski, Secretary to the Planning Board

Agenda:
1) LL Parcel E, LLC and Lighthouse Landing Communities, LLC, Edge-on-Hudson
Riverfront Development, 199 Beekman Avenue, Phase I, Block-E amended
subdivision- Public hearing
2) Lighthouse Landing Communities, LLC, 199 Beekman Avenue, Phase II, buildings
site plan- Presentation
3) Phelps Memorial Hospital Center/Northwell Health, 701 North Broadway, Site Plan
approval extension- Presentation
4) Approval of minutes- August 16, 2018, September 20, 2018
2. LL Parcel E, LLC and Lighthouse Landing Communities LLC, Edge-on-Hudson
Riverfront Development, 199 Beekman Avenue, Phase I, Block-E amended subdivisionPublic hearing
Andrew Tung from Divney Tung Schwalbe, LLP stated that he is there representing Toll
Brothers, Inc and Lighthouse Landing Communities, LLC.
Motion was made to open the public hearing.
Moved: Andruss
Seconded: McCarthy

Vote 6-0

Andrew Tung stated that Block-E is one of the three blocks of Phase I of the Edge-on-Hudson
project located on the eastern portion of the site. Block-E contains three four-story condominium
buildings. In February of 2018 the Planning Board granted amended subdivision approval to
create interior blocks within Block-E so that each of the three buildings would sit on its own
parcel. It was discovered that the interior lots lines need to be shifted approximately 4-8 feet to
provide the appropriate setbacks from each building as required by the Building Code and the

�NFPA requirements. There are no changes to the perimeter boundaries of Block-E. There are no
changes to the infrastructure and there are no changes to the location or design of the buildings.
Chairperson Hsu solicited comments from the public.
There were no public comments.
Chairperson Hsu solicited comments from the Board.
Tom Andruss asked for confirmation that the specifications requested from James Natarelli were
included as a condition in the resolution.
James Natarelli confirmed that the resolution contains the condition.
Chairperson Hsu solicited comments from the consultants.
There were no comments from the consultants.
Motion was made to close the public hearing.
Moved: Andruss
Seconded: Harries

Vote 6-0

David Smith read the resolve paragraphs of the resolution.
Motion was made to adopt the resolution.
Moved: Andruss
Seconded: Harries
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Ed McCarthy - yes
Erin Carney -yes
Matthew Brennan - yes
Kersten Harries- yes
Vote 6-0

APPROVED

2. Lighthouse Landing Communities, LLC, 199 Beekman Avenue, Phase II buildings site
plan- Presentation
Jonathan Stein is the owner of Diversified Realty Advisors, LLC and the principle developer for
Lighthouse Landing Communities, LLC and stated that they are there to present the updated
building designs for Phase II of the Edge-on-Hudson project and is confident that they have or
will be able to answer most of the questions received by the Planning Board and the Consultants.
Nicole Emmons in an Architect from Hart Howerton. Ms. Emmons presented a video of a virtual
walkthrough into the site and how Phase I and Phase II are connected along with a narrative

�summarizing the application and updated information provided to date. The video was played a
second time to allow for detailed questions.
Ed McCarthy asked if the buildings in Block-I were going to be loft apartments.
Chairperson Hsu asked what classifies loft district materials.
Nicole Emmons explained the combination of materials that are used to represent loft style
architecture.
Nicole Emmons explained in more detail the view coming into the site from Beekman Avenue.
Ms. Emmons stated that a small public plaza, including a fa9ade and tower element, will be
created within the private parcel with public accessibility as a gateway into the new development
with an opportunity for public art display.
Tom Andruss asked if signage for the development is planned for the center section of the rotary.
Discussion ensued.
Matthew Brennan asked for a breakdown of how many units will be built in each Phase and the
breakdown of the number of townhomes, condominiums and rentals units.
Jonathan Stein stated that not all Phases have been developed yet. Mr. Stein stated that the
approved Phase I will consist of 180 rental apartments in Block-I, 46 condominium flats in
Block-E, and 72 townhomes in Block-J. In Phase II there will be 246 rental apartments in
Block-F and 97 condominium flats in Block-H. There is a maximum development unit count of
1,177 of which a maximum of 40% of the units are to be rental and 60% will be for ownership
sale.
Mathew Brennan asked if there is a possibility for requests for rental unit percentages to change.
David Smith explained that the Special Permit would have to be amended by the Village Board.
Anthony Catalano asked what was planned for the transition from the buildings to the riverfront
parks.
Jonathan Stein stated that a comprehensive plan is being designed and developed for the
waterfront.
Tom Andruss requested a rendering to show how the corner of Block-H would look like at night.
David Smith stated that night experience is important in relation to the lighting and landscaping.
Chairperson Hsu stated that the seasonality is something that the landscape design team should
take into consideration.

�Chairperson Hsu asked if the planning team would consider the allocation of the 500 additional
parking spaces to a different use.
Jonathan Stein stated that he would welcome a discussion on parking spaces without the need to
open or amend the Special Permit. Mr. Stein stated that Shuttle requirements are spelled out in
the Special Permit based on the issuance of certificate of occupancies.
David Smith summarized the parking studies and approvals previously approved for required and
on street public village parking spaces. Mr. Smith stated that the additional 500 on-street
parking spaces will be metered and be Village revenue.
Tom Andruss asked where inspiration for future art ideas for the public spaces or the roundabout will come from and suggested that there are many local organizations that could be
contacted.
Jonathan Stein stated that these decisions will be made in the future with the design and
landscape teams.
Nicole Emmons stated that the round-about area may have certain constraints that need to be
followed but agrees that local organizations should be contacted with considerations for local
and regional art.
Matthew Brennan asked how much of the total site will be retail.
Jonathan Stein stated there is 135,000 square feet of available retail on the site and that
preliminary retail marketing plans are being developed. Mrs. Stein stated that it is too soon to tell
what retail businesses will be attracted to the site before the buildings are up.
Matthew Brennan asked if the retail efforts will serve just the site or will it include linking to the
Village and in particular the Beekman Avenue corridor.
Jonathan Stein stated that linkage studies were conducted over the last seven years in regards to
the existing upper Beekman Avenue retails area and the new development. There will be a large
disconnect between the existing retail establishments and the new developments. The new retail
will not be competitive with the existing retail as the buying power of the new residents will be
spending their monies in the upper village and this will cause "a shot in the arm" to the
established retail on Beekman Avenue.
David Smith stated the existing Beekman Avenue has a different character which creates a
significant separation from the commercial corridor.
Kersten Harries asked the applicant to walk through the building materials proposed for Block-H
and Block-F.
Nicole Emmons detailed the material specifications submitted.

�Kersten Harries asked if the LEED ND score card and checklist had been completed. Ms. Harries
stated that only the registration was submitted to the Planning Board.
Nicole Emmons stated that she will check if there is a missing attachment.
Kersten Harries asked who is responsible for following through with the LEED ND certifications
throughout the development.
Jonathan Stein stated that the Lighthouse Landing Communities, LLC, as the Master Developer,
is responsible for making sure the LEED ND requirements of the Special Permit are followed.
David Smith stated that the LEED ND registration was submitted but the checklist was not
included.
Nicole Emmons stated that there are two different checklists, one for LEED ND and one for the
LEED analysis for the buildings. Ms. Emmons stated that she find out if the checklists were
completed.
Kersten Harries asked how many of the units would be handicapped accessible or adaptable.
Nicole Emmons stated they would be required to meet the New York State Building Code
adopted by New York State in 2015.
James Neville is a Landscape Architect from Hart Howerton. Mr. Neville presented the
Landscape Plan, previously approved in the Phase I Site Plan, for the proposed public street trees
and plantings based on the Hudson River pallet.
Discussion ensued regarding the species of trees proposed for the landscape plan.
Nicole Emmons presented a diagram to show where each type of tree may be located in Block-H
based on grade elevations and entrances to the units.
David Smith asked if there were opportunities for individual entrances for the rental units in the
Block-F buildings.
Nicole Emmons stated that due to unit configurations, there are no opportunities for private
entrances for the Block-F building. Ms. Emmons stated there will be opportunities for private
balconies on the frontage. There will be two common entrances, one common lobby entrance
and egress stair access from the garage. The finished floor height of the apartment units will be
slightly higher than the street for privacy purposes.
Kersten Harries asked for more detail on why there will only be two entrances.
Jonathan Stein explained the security purposes for having limited entrances to an apartment
complex.

�Motion was made to schedule a public hearing for the November 15, 2018 meeting.
Moved: McCarthy
Seconded: Andruss

Vote 6-0

3. Phelps Memorial Hospital Center/Northwell Health, 701 North Broadway, Site Plan
approval extension -Presentation
Donna Maiello is a Senior Associate and Landscape Architect from Divney Tung Schwalbe. Ms.
Maiello requested a one year extension for the 2017 Site Plan amendment approval for
improvements to the emergency department at the hospital. Due to unanticipated capital
expenditures, the construction will not begin until 2019. Divney Tung Schwalbe is working on
the construction documents and coordinating to finalize with Phelps in time to submit plans to
the Building Department to meet a 2019 construction schedule.
Motion was made to approve the resolution.
Moved: Harries
Seconded: McCarthy
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Ed McCarthy - yes
Erin Carney -yes
Matthew Brennan - yes
Kersten Harries- yes
Vote 6-0

APPROVED

4. Approval of minutes- August 16, 2018, September 20, 2018
Chairperson Hsu solicited comments from the Board.
There were no comments from the Board.
Motion was made to approve the August 16, 2018 minutes.
Moved: Andruss
Seconded: McCarthy
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Ed McCarthy - yes
Erin Carney -yes
Matthew Brennan - yes
Kersten Harries- yes
Vote 6-0
Motion was made to approve the September 20, 2018 minutes.
Moved: Andruss
Seconded: Harries
Chairperson Marjorie Hsu - yes
Tom Andruss - yes

APPROVED

�Ed McCarthy - yes
Erin Carney -yes
Matthew Brennan - yes
Kersten Harries - yes
Vote 6-0
Motion was made to schedule a work session for November 8, 2018 at 7:00 PM.
Moved: Harries
Seconded: Andruss

APPROVED

Vote 6-0

Motion was made to change the regularly scheduled meeting work sessions to 7:30 PM.
Moved: Andruss
Seconded: McCarthy
Vote 6-0
Motion was made to adjourn the meeting at 10:25 PM.
Moved: Brennan
Seconded: Andruss

Respectfully Submitted,

Po-im-^L^

PdJ'l.^'Qjd^

Pamela Pengelski
Secretary to the Planning Board

Vote 6-0

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                    <text>RESOLUTION
Adopted at the October 18,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN APPROVAL EXTENSION

PROPOSED:

Repurposing of original MRI Building, redesign of vehicle and pedestrian access
and reuse of south trailer.

LOCATION:

701 North Broadway

TAX MAP
DESIGNATION:

Section 110.11, Block 1, Lots 1,2, and 3

ZONING:

H Hospital

WHEREAS, on or about 9/14/17 an application was submitted on behalf of the Phelps
Community Corporation {the "Applicant") seeking site plan approval for certain improvements to the
Phelps Memorial Hospital Center campus including (hereinafter collectively the "Application"):
1.

Repurposing of the original MRI building through internal improvements that would (a)
create an office for the Westchester EMS Paramedic for the Town of Mt. Pleasant and (b)
a paramedic conference room; relocating and consolidating the Phelps Hospital main
entrance lobby and relocating and expanding its MRI Department.

2.

Creation of landscape median with directional signage.

3.

Redesign of the east parking bay with diagonal parking to channel visitors to the new
drop off area.

4.

Creation of new drop off areas for the emergency department and for the Hospital's
south entrance.

5.

Improvements to the pedestrian circulation system.

6.

Provision of two additional emergency vehicle parking spaces.

7.

Retain the temporary south trailer for use as emergency decontamination,
decontamination drills and storage of materials related to these functions; and,

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 9/28/17 and 10/19/17 and on 10/19/17 a public hearing was held in which all members of the
public were Invited to be heard; and
WHEREAS, the Planning Board granted the original site plan approval to the Applicant on
10/19/17; and
WHEREAS, by correspondence from Divney Tung Schwalbe on behalf of the Applicant dated
10/4/18, the Applicant has hereby requested an extension of the original site plan approval by one year;

�NOW, THEREFORE. BE IT RESOLVED, that the Planning Board at its 10/18/18 meeting does
hereby grant an extension of the original site plan for one year; and
effect.

RESOLVED, that all other conditions of the original Site Plan Approval remain in full force and

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW
3
Date

diiJy adopted iw
o f ^ S S r z i S I ! ! ao/VandofthevMtwite thereef,

c.

P £ C

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                    <text>RESOLUTION
Adopted at the December 20,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN AND PRELIMINARY SUBDIVISION PLAT APPROVAL

PROPOSED:

Edge on Hudson Phase 2

LOCATION:

199 Beekman Avenue

TAX MAP DESIGNATION:

Section 115.10-1-1

ZONING:

RF - Riverfront District

WHEREAS, the Planning Board of the Village of Sleepy Hollow {the Planning Board) has reviewed
an application for site plan and preliminary plat approval (the "Application") pursuant to the Village
Zoning Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered
pertinent to the Application, for Phase 2 (as defined below) of the redevelopment of the former North
Tarrytown General Motors Assembly Plant site located at 199 Beekman Avenue known as Edge on
Hudson (the "Project"); and
WHEREAS, the Application is submitted on behalf of Lighthouse Landing Communities LLC (the
"Applicant"); and,
WHEREAS, Phase 2 includes the following: subdivision of an approximately eight (8) acre
portion of the 64.5± acre West Parcel into two (2) lots and sections of roadway rights-of-way to be
dedicated to the Village; site plan approval for 343 residential units consisting of Block F (previously
known as Block F/G) with 246 apartment units supported by 426 parking spaces; Block H, with 97
condominium units and 7,160 square feet of retail/restaurant space supported by 232 parking spaces;
on-street parking for 78 vehicles; and approximately 0.86 acres of open space consisting of the Block H
portion of the waterfront open space system (collectively the "Proposed Action" or "Phase 2"); and
WHEREAS, the Application is in furtherance of the June 7, 2011 Lighthouse Landing Special
Permit approval and Riverfront Development Concept Plan approval, which was the subject of a
comprehensive environmental review conducted by the Board of Trustees acting as Lead Agency under
the State Environmental Quality Review Act (SEQRA); the SEQRA proceeding culminated in an
Environmental Findings Statement issued on July 24, 2007, and an Amended Environmental Findings
Statement issued on January 25, 2011, (collectively "Environmental Findings") in which the Board of
Trustees determined after due consideration that the Riverfront Development Concept Plan (RCDP),
with its associated mitigative measures, would not have a significant adverse environmental impact and
that the project would provide a balance between the protection of the environment and the need to
accommodate social, economic, and other considerations of sound public policy; and
WHEREAS, as part of the approval of the Special Permit and RDCP, the Board of Trustees
completed its own waterfront consistency review and found the proposed RDCP was consistent with the
goals and policies of the Village's Local Waterfront Revitalization Program (LWRP);

�WHEREAS, the Planning Board reviewed and considered the Application at its meetings on
8/16/18, 9/6/18 (work session), a 9/12/18 site visit, 9/13/18 (work session), 10/11/18 (work session),
10/18/18 (regularly scheduled meeting) and 11/08/18 (work session); and,
WHEREAS, on 12/20/18 the Planning Board opened a public hearing on the Application in which
all members of the public were invited to attend and comment on the Application and the public
hearing was subsequently closed; and
WHEREAS, the proposed site plan was reviewed and comments sought from the Village's
Highway Superintendent and Police and Fire Departments; and,
WHEREAS, the Planning Board has reviewed the following materials:
•

Application for Site Plan and Subdivision Approval, 7/31/18 prepared by Kimley-Horn of
New York, P.C. (KHNY).
Partial Topographic Survey prepared by Control Point Associates, Inc. dated 12/1/17.
Site Plan Set prepared by KHNY dated 7/31/18, last revised 9/21/18 unless otherwise
note, consisting of the following:

•
•

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
0,
p.
q.
•
•
•
•
•
•
•
•
•

Cover Sheet, KHNY;
Key Plan and Legend, KHNY;
General Notes, KHNY;
Parking and Paving Plan, KHNY;
Preliminary Subdivision Plan, KHNY, 9/5/18
Grading Plan, KHNY;
Road Profiles, KHNY;
Utility Plan, KHNY;
Sanitary Sewer Profiles, KHNY;
Water Main Profiles, KHNY;
Erosion and Sediment Control Plan and Notes, KHNY;
Erosion and Sediment Control Details, KHNY;
Streetscape Planting Plan, KHNY;
Streetscape Planting Notes and Details, KHNY;
Site Details, KHNY;
Emergency Vehicle Maneuvering Plan, KHNY; and
Partial Topographic Survey, Control Point Associates.

Phase 2 Site Plan Approval Application Architecture and Landscape Architecture,
prepared by Hart Howerton (HH), dated 7/31/18;
Overall Subdivision Plat, prepared by Control Point Associates, dated 9/5/18;
9/24/18 supplemental submission from KHNY
10/18/18 supplemental submission from KHNY;
Phase It Plant List, dated October 2018, prepared by HH;
Edge on Hudson Lighting Concepts submitted 11/7/18 prepared by KGM Lighting,
supplemented on 11/13/18;
Phase Signage Plan and Precedents, dated 11/6/18 prepared by HH:
Review memos dated 10/18/18 from Woodard &amp; Curran Engineering;
Review memos from the Village Architect dated 8/14/18,10/11/18 and 11/7/18;

�•
•
•
•

Review memos dated 8/15/18 and 11/8/18 from Planning &amp; Deveiopment Advisors;
Letter from IVIayor Kennetli G. Wray dated 10/31/18 regarding Housing; Certificates of
Occupancy; Waterfront Open Space improvements;
Letter from Mayor Kenneth G. Wray dated 10/31/18 regarding Housing; Certificates of
Occupancy; Beekman Avenue and Pocantico Street; and
Letter from Mayor Kennetli G. Wray dated 10/31/18 regarding Housing; Certificates of
Occupancy; Beel&lt;man Avenue and Broadway

WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has
conducted the following activities:
1.
2.

Received a completed application and application fee; and
Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Village Architect about the proposed Phase 2 which were
provided in written form or discussed with the Board during the course of the Planning
Board meetings.

NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as noted above. In
relation to the previously approved Special Permit and Riverfront Development Concept Plan, the
Planning Board:
1.

Considered Section 450-16.A(2)(a) of the Village Code which covers site plan review by
the Planning Board and after a review of the documentation submitted by the Applicant,
the Planning Board finds that the Application meets the riverfront development design
standards set forth in Section 450-18 of the Village Code;

2.

Considered Section 450-16.B (3) of the Village Code which requires a review of a site
plan In comparison to the approved RDCP. The Applicant made a detailed presentation
of the comparison between the RDCP and the proposed Phase 2 site plan in their
7/31/18 submission and as part of a formal presentation to the Planning Board during a
regularly scheduled Planning Board meeting. After review of both plans, the Planning
Board finds that, while there may be minor variations between the proposed Phase 2
site plan and the RDCP (e.g., configuration of Block F Building, creation of more
substantial plaza for Block H at the roundabout, reconfiguration of the Block H Building),
the Phase 2 site plan Is In keeping with the spirit and Intent of the RDCP;

3.

Finds after review of the Waterfront Consistency determination prepared by the Board
of Trustees for the RDCP, that the Application is consistent with the goals and policies of
the Village of Sleepy Hollow LWRP;

4.

Considered the Applicant's site phasing plan compared to that discussed in the July 24,
2007 Environmental Findings Statement and notes that the construction phasing has
been modified compared to that presented In the environmental review due to market
and other considerations but notes that the Environmental Findings Statement allows
for flexibility in the proposed sequence of building construction; and, be it further

RESOLVED, that the Planning Board, after review of the materials submitted, public comments
and recommendations has determined that the Application does not present significant adverse
environmental impacts not addressed or inadequately addressed In the comprehensive environmental

�review under SEQR conducted on behalf of the Village as part of the preparation of the Riverfront
Development Concept Plan for the Project, and there are no changes in circumstances or newly
discovered information presenting such potential impacts; and be it further
RESOLVED, that having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

The requirements of 6 NYCRR Part 617 have been met and fully satisfied;

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Phase 2 site plan is one which minimizes
or avoids adverse environmental effects to the maximum extent practicable; including
effects disclosed in the environmental impact statement and Environmental Findings;

3.

Consistent with social, economic and other essential considerations, to the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable.

4.

Received, reviewed, and applied the Environmental Findings.

RESOLVED, the Planning Board hereby adopts the Environmental Findings as the Planning
Board's involved agency environmental findings statement pursuant to 6 NYCRR Section 617.11(c),
except that the Planning Board finds that the construction phasing presented in the Application differs
from the construction phasing considered by the Board of Trustees as Lead Agency. However, the
Planning Board notes that the Environmental Findings Statement dated July 24, 2007, provides at page
117 "that the proposed sequencing of building construction should be flexible in order to allow for
manageable detailed site plan review and provide an efficient development schedule (and the]
proposed schedule of Building Group sequencing during the construction process shall be submitted to
the Planning Board for review and approval during the site plan review process," and that the currently
proposed construction phasing and sequencing presented in the Application is appropriate and will not
have an adverse environmental impact; and be it further
RESOLVED, that said Application is hereby granted approval and the Applicant may obtain the
endorsed approval of the Planning Board Chair on a copy of this resolution and upon the site plan
drawings and preliminary subdivision plats for lots 6.1 and 6.2 as shown on the Preliminary Subdivision
Plat dated 9/5/18, subject to conditions and modifications identified below:
1. This approval shall expire if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building Department:
submission of a satisfactory building permit application for construction of Phase 2 buildings
within one year of the date of the adoption of this Resolution of site plan approval,
subsequent construction commencing within six months of the date of building permit
issuance and thereafter diligently pursued and construction completed within two years of
the issuance of the building permit. Extensions of this site plan approval may be granted for

�good cause by the Planning Board at the request of the Applicant for periods of six months
each.
2. Documentation, sufficient in form and substance, for the Village's Consulting Engineer to
determine that the list of items outlined in the Village consulting Engineer's 10/18/18
correspondence have been incorporated onto the site plan drawings.
3. Documentation, sufficient in form and substance, for the Village Architect to determine that
the list of items outlined in the Village Architect's review memo last dated 11/7/18 have
been incorporated onto the site plan application.
4. Prior to the offer of dedication to the Village of public roads, public sidewalks, lighting in
public rights-of-way and landscaping in public rights of way, public utility lines for water and
sewer service, telecommunications, and any public stormwater management facilities and
corresponding easements, the Applicant shall submit an as-built survey. Any material
change to the site plan from that approved by the Planning Board will require the Applicant
to present the revised plan to the Planning Board for a site plan amendment.
5. Prior to the issuance of any building permits, a 100% performance bond, in a sum to be
determined by the Village's Consulting Engineer and approved as to form by the Village
Attorney, shall be furnished to and accepted by the Village, to guarantee the satisfactory
and complete installation and construction of all water and sewer utilities to be dedicated to
public use, roads to be dedicated to public use, public sidewalks, telecommunications,
lighting in public rights-of-way and in public open space areas, and stormwater management
facilities and sediment and erosion control structures and measures within public rights of
way.
6. Provision of landscape maintenance bonds to remain in effect for two years to ensure
landscape plantings are established and maintained in a healthy and vigorous growing
condition. The extent of the bonds to be determined by the Village Building Inspector and
Village Administrator in consultation with the Applicant and in a form satisfactory to the
Village Attorney. Such landscape maintenance bond{s) shall be posted for each Block upon
the issuance of the Certificate of Occupancy for the last residential unit of that specific
development Block.
7. The Applicant shall submit any geotechnical investigation of the site completed to date
which will include the geotechnical analysis of the site soil conditions as they relate to the
design and construction of any proposed structure. Any compaction/pile driving operation
required at the site shall be monitored by a professional engineer licensed in the State of
New York. During the process of compacting/pile driving, the gauges shall be placed in the
vicinity of the adjacent structures and utilities to monitor the soil movement as
recommended by a geotechnical engineer. Any damage to the adjacent structures or
utilities shall be the responsibility of the Applicant.
8. No Temporary or Permanent C of 0 for a building shall be issued until the Applicant offers
for dedication: public roads, public sidewalks, lighting in public rights-of-way and in public
open space areas, public utility lines for water and sewer service, and any public stormwater

�management facilities and corresponding easements associated with that building and or
Blocl&lt;. Such offer for dedication shall be in a suitable form acceptable to the Village.
9. The Applicant's LEED-ND compliance program will take into account and facilitate the
incorporation of bicycling as an alternate means of transportation in a manner like that
described in correspondence of Divney Tung Schwalbe dated 10/22/15. The LEED-ND
reference guide defines "bicycle network" to include any combination of bicycle lanes,
bicycle paths, and streets designed for a target speed of 25 miles per hour or slower.
10. In accordance with paragraph 13 of the June 7, 2011 Special Permit, the preliminary
subdivision plan shall include at a minimum separate parcels for the Waterfront Open
Space, the portion of the South Parcel Intended to be for public uses by the Village, and that
portion of the West Parcel associated with the first phase of development. The layout of
such parcels shall be consistent with Figure No. 2 Public Open Space and Public Use Diagram
as referenced in paragraph 9 of the June 7, 2011 Special Permit. The East Parcel was
subdivided and conveyed to the Sleepy Hollow Local Development Corporation, the Village's
designee, by deed dated 12/22/14 and recorded 12/24/14 and any further subdivision of
the East Parcel Is not within the Applicant's control.
11. No building permit for any project building (other than buildings that will be used for sales
models that may be constructed on the South Parcel) will be Issued prior to the temporary
improvement of the Beekman Avenue Bridge to an HS 25 standard with conditions as set
forth In the June 7, 2011 Special Permit, and the removal of the existing pedestrian bridge
over the Metro-North tracks. No Temporary or Permanent C of 0 for any project building
will be Issued prior to completion of the reconstruction and repair work on the Beekman
Avenue Bridge and the removal of the pedestrian bridge. A 7/30/18, correspondence from
the Village Mayor to Lighthouse Landing Communities, LLC further clarifies the requirements
the Applicant must meet with respect to the construction of the Beekman Avenue Bridge
and removal of the pedestrian bridge and the Issuance of Certificates of Occupancy for
Phase 1.
12. Completion of the Lot 2 portion of the Central Park open space shall be required prior to the
Issuance of any Temporary or Permanent C of 0 for any units in Buildings E-2 and E-3 or F
Building. Completion of the Lot 3 portion of the Central Park open space shall be required
prior to the issuance of any Temporary or Permanent C of 0 for any buildings in the J Block
fronting on the Central Park open space. The Village Green (Lot 10) shall be completed
prior to the Village's acceptance of the roundabout.
13. Prior to the Issuance of the Temporary or Permanent C of 0 covering the 300,000th square
foot of new development, the Applicant shall be required to complete the following traffic
improvement mitigation measures within the Village of Sleepy Hollow as referenced In the
June 7,2011 Special Permit.
a. Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace; and
b. Improvements to Beekman Avenue at Pocantico Street.
Correspondence from the Village Mayor to Lighthouse Landing Communities, LLC dated
10/31/18 further clarifies the requirements the Applicant must meet with respect to the

�installation of traffic improvements and the issuance of Certificates of Occupancy for Phase
1 and 2.
14. As a condition of the June 7, 2011 Special Permit, upon the installation of adjacent Roadway
A, the Village Green and waterfront open space up to the first belvedere (the Block H
Waterfront) will be improved with the hardscape elements installed and the areas to be
landscaped temporarily sodded or otherwise stabilized. No temporary or permanent
Certificate of Occupancy will be issued for Building IH until completion of the landside
landscape treatments for the Village Green and Block H Waterfront area, exclusive of inwater improvements. Permitting for the in-water improvements for the Block H Waterfront,
including but not limited to the pier, rip rap repair and belvedere, shall be diligently pursued
by the developer concurrent with site plan application to the Village associated with
Building H. Correspondence from the Village IVIayor to Lighthouse Landing Communities, LLC
dated 10/31/18 further clarifies the requirements the Applicant must meet with respect to
the completion of Block H waterfront improvements and the issuance of Certificates of
Occupancy for Block IH.
15. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to any building permit being issued.
16. Consistent with the Environmental Findings and the Special Permit the Applicant will
observe and fully comply with all of the requirements of the Site Management Plan (SMP)
and the Excavation Work Plan (EWP) (Appendix A of the SMP on file with the Village) as
required by New York State Department of Environmental Conservation (NYS DEC) under
the Brownfield Cleanup Program (BCP). The Applicant will copy the Village on all submittals
to the NYS DEC that are required as part of the SMP and the EWP.
17. All conditions identified in the Village Board's June 7,2011 Special Permit shall remain in full
force and effect.
18. Prior to issuance of a Building Permit by the Village, the Applicant is required to provide to
the Village for the Village Building Department's approval and the Village's Consulting
Engineer's approval, a comprehensive site utilities plan which illustrates in plan and threedimensional view, the proposed location of all subsurface and surface utilities including, but
not necessary limited to lighting, gas, electric, telephone, and cable. In addition, the Village
will require from the Applicant for their review and approval prior to issuance of a Building
Permit a utilities work sequence plan which details the sequence of work to support the
coordination among utilities companies and to avoid conflicts in the field.
19. Prior to the issuance of a building permit the Applicant shall provide to the Planning Board a
final landscape plan which shall address and mitigate any potential visual Impact of utilities,
including but not limited to the provision of gas and electric service.

�PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

Date

I f c b o i ^ s ? /V ^ ^ A ^ / l x A z J U y ^ h e undersigned
OeiK/Oeputy aerk, do hereby certify diat the foregoing is
a tn« copy of an extract duiy adopted by the Boart of
-rtustees of the Village of Sleepy Hollow, on theiia^day
of^WLoJ^fea^—/ I ' Q J S - and of the whole thereof,
andl further certify that the same was entered into the
^ minutes of the meeting of said Boaid of Trustees held on
said date.
^ ^ ^
IN wnWESS WHEREOF, I havfi hereunto set my hand ^
ofRdal seajJW^ifLday nf hSU-o^. t ^ a ^ . 2 0 X 1 tferBpeputy Oerk

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
December 20, 2018
The regular meeting was called to order at 8:00 PM by Chairperson Marjorie Hsu.
Present:

Marjorie Hsu, Chairperson
Tom Andruss
Matthew Brennan
Lindsay Krakauer
Erin Carney
Kersten Harries

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Village Engineer
Anthony Catalano, Consulting Engineer
Pamela Pengelski, Secretary to the Planning Board

Absent:

Ed McCarthy

Agenda:
1) Mark Vaughn and Jill Parrella, 1 Ridge Street, Proposed one family residencePreliminary presentation
2) Jonathan Villani, 30 Andrews Lane, Proposed townhome development - Preliminary
presentation
3) Lighthouse Landing Communities, LLC, 199 Beekman Avenue, Phase II buildings site
plan- Public hearing
4) Approval of minutes- October 18, 2018
Chairperson Hsu welcomed Lindsay Krakauer as a new member of the Planning Board.
Chairperson Hsu read the agenda for the meeting.
1. Mark Vaughn and Jill Parrella, 1 Ridge Street, Proposed one-family residencePreliminary presentation
Christina Griffin is the Architect representing the applicant. Ms. Griffin stated the applicant is
proposing the construction of one new single-family house on the open lot consisting of three
bedrooms and two and a half bathrooms. Ms. Griffin stated that they plan to meet all of the
Zoning Code regulations for required setbacks and lot coverage. Ms. Griffin stated that there is a
proposed garage with a driveway that will connect to Ridge Street. Grading is planned for around
the house to nestle it on the site. The driveway will have a maximum 10% slope to meet the
Zoning Code. An outdoor space and patio is planned for the west side of the property. Since the
existing grade is slightly higher than the first floor, they plan on installing a foundation wall and

�drainage to prevent the house from sitting too high above the grade and to avoid having a deck
on the west side. Ms. Griffin stated that the proposed home is approximately 2,100 square feet
and that they plan on using the space above the garage as attic space with gable style roofs. The
proposed exterior facades will consist of a mixture of reclaimed wood and Hardie Plank
materials and patterns. The proposed windows will be a modern style with black cladding. The
proposed exterior light fixtures will be black. Ms. Griffin presented photographs of the existing
property, the neighboring house, and a 3D rendering of the proposed house on the site. Ms.
Griffin stated that they are expecting the drawings from their Civil Engineer to be ready on
December 28, 2018 and is aware that they are still required to provide details on stormwater
drainage and coordinate the Architectural grading plan with the civil engineering drawings.
Chairperson Hsu asked Christina Griffin to confirm that she had received the comments from the
Village Planner and the Village Engineer.
Christina Griffin stated that they plan on addressing all the items as most are regarding drainage
and grading.
Chairperson Hsu requested the approximate timing for completing the perk test and testing of the
stormwater drainage.
Christina Griffin stated that she believes the perk test is included in the Civil Engineers scope of
work and was not sure when it is scheduled to be performed but hopes it will be completed by
12/28/18 along with the civil drawings.
Chairperson Hsu solicited comments from the Board.
Kersten Harries asked for the approximate difference in elevations and the distance from the
property lines of the proposed home and the existing neighboring home.
Christina Griffin stated that she will follow up with confirmation as she is unsure of how much
space there is from the property line to the neighboring house. Ms. Griffin stated that they
currently do not have the elevations for the neighboring house but can provide that information
for the next meeting.
Tom Andruss asked if there is a landscape plan and if there will be a rendering provided to show
where trees and shrubs are proposed for planting locations, specifically between the adjacent
homes.
Christina Griffin stated that the preliminary plan is calling for only ground coverage between the
existing and proposed new home but that if the Board requests some additional plantings for
privacy screening, they will revisit.
Kersten Harries asked why it is proposed to remove four existing trees on the western property
line.

�Christina Griffin stated that the root systems of the four trees would be very close to the
proposed low retaining wall and would interfere with the construction of the proposed patio.
Kersten Harries stated that a foundation plan was not submitted and asked if there would be a
basement, a crawl space, or will it be slab on grade.
Christina Griffin stated that it will be a slab on grade foundation.
Christina Griffin stated that the Civil Engineer is also working on the required drywells and that
they may also interfere with existing trees.
Sean McCarthy asked Chairperson Hsu if the Board would like to consider scheduling a public
hearing for the January 17, 2019 meeting.
Chairperson Hsu asked the applicant if they would be ready for a public hearing at the January
2019 meeting.
Christina Griffin stated that they could be ready for a public hearing for the January meeting.
Motion was made to schedule a public hearing for the January 17, 2019 meeting.
Moved: Brennan
Seconded: Andruss

Vote 6-0

2. Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Preliminary
Presentation
Jonathan Villani of Annunziata &amp; Villani Design Consultants, Inc. is representing the owner of
30 Andrews Lane. Mr. Villani stated that the application proposes the construction of a
residential complex consisting of eleven two-bedroom townhome units ranging from
approximately 1,300-1,600 square feet in size per unit. Each unit will include a dedicated
exterior open space and parking. The plan proposes the construction of an inner courtyard and
two separate buildings referred to as the A-Building and the B-Building. The A-Building is
proposed to include five units and the B-Building is proposed to include six units. The property
site is roughly 25,700 square feet. The buildings are Code compliant in lot coverage, building
heights, and permitted use. Mr. Villani stated that he has addressed the preliminary concerns
from Sean McCarthy and has received the additional plan review comments from David Smith
and Dolph Engineering. Mr. Villani stated that the comments regarding the submitted site
engineering plans and drainage will be addressed. Mr. Villani stated that the units are three and a
half stories in height. A landscape plan was developed and submitted to show that each unit will
have its own dedicated open space with plantings; and that the large parking courtyard will have
plantings. Mr. Villani stated that vinyl siding, a combination of asphalt shingles and aluminum
standing seam roofs, and Azek trim are planned for the exterior elevation of the buildings.
Chairperson Hsu asked if vinyl siding adheres to the Village's Design Guidelines.
David Smith stated that the Board was pretty critical about the use of vinyl siding as a building
treatment and believed that Hardie Plank lap siding was to be used.

�Jonathan Villani stated that it will be discussed with the owner as it incurs an additional expense.
Jonathan Villani stated that the parking garages on the lower level elevations will consist of
aluminum standing seam roofs and will be trimmed in Azek.
Jonathan Villani reviewed the proposed floor plan for the units. Mr. Villani stated that the lower
level will consist of a mechanical room and a garage space. Stairs will lead to the second level
for an open floor plan to include a kitchen and living room area. The third floor will have two
bedrooms and the fourth floor will have additional open space and storage.
Jonathan Villani presented renderings of the complex. Mr. Villani stated that in the previous
applications to the Board, concerns arose in regards to building heights and parking
requirements. Mr. Villani stated they are required to have twenty-one parking spaces and that
the proposed plan now includes twenty-three parking spaces. Building heights have been
lowered to address the concerns of the residents to the rear of the B-Building. There is now only
a 20 inch difference in height from the proposed structures to the surrounding properties to the
east.
Kersten Harries asked if the proposed section drawing illustrates a retaining wall between the BBuilding and the building structures to the east on Kendall Avenue.
Jonathan Villani stated that it is an existing retaining wall.
Chairperson Hsu asked David Smith if a balloon test was necessary.
David Smith stated that it is at the discretion of the Board to request testing, not necessarily a
balloon test. The previous concerns came from the neighbors about the massing of the building,
particularly of the B-Building. The concept would be to provide some sort of markers at the
corners of the building to show how tall the building will be. Mr. Smith stated that Mr. Villani
has demonstrated in the provided cross section that the building is more or less the same height.
A balloon test would provide the neighbors and the public with some understanding of what to
expect from a massing program for the proposed building.
Chairperson Hsu asked if testing was completed for the prior application to the Planning Board.
Jonathan Villani explained what method was used to show massing in the previous application.
David Smith stated that the question would be as to whether or not the public should be provided
with some sort of understanding of the massing of the proposed building and that it does not
necessarily need to be a balloon test, simply an indication to show the height of the building.
Jonathan Villani stated that he is more than happy to provide the testing now in anticipation for
the question arising in a public hearing or future meetings.

�Kersten Harries asked if front porches have been considered on the Andrews Lane elevation
units.
Jonathan Villani stated that the A-Building is right up against the setback line. There is only a
four foot projection in front of the building to the property line and does not aesthetically fit into
the project.
Kersten Harries asked for confirmation that the proposed fencing materials along the property
line will be decorative wood, that chain link fencing will only be installed around the dumpsters,
and that access to the dumpster areas has been verified.
Jonathan Villani stated that decorative wood fencing is proposed in all areas along the property
line other than around the dumpsters where it will be chain link. Mr. Villani stated that they are
presently reviewing traffic flow conditions for the site.
Kersten Harries asked if plans for the B-Building will be provided. Ms. Harries asked if side
elevations will be provided to show where the building faces the municipal lot and where the
building faces the Kendall Avenue backyards.
Jonathan Villani stated that he will be illustrating the B-Building and that the side elevations will
be provided in the subsequent packages.
3. Lighthouse Landing Communities, LLC, 199 Beekman Avenue, Phase II buildings site
plan- Public hearing
Mark Weingarten is a partner at the law firm of DelBelo Donnellan Weingarten Wise &amp;
Wiederkehr, LLP, representing Lighthouse Landing Communities, LLC. Mr. Weingarten stated
that the Special Permit and the Riverfront Design Concept Plan was approved in June of 2011 for
five phases. Phase I was approved by the Planning Board on October 22, 2015. Phase II
consists of eight acres of the 64.5 acres of the west parcel. There will be two buildings that will
produce a total of 343 residential units. The design blocks for these two buildings are noted as
Block-F and Block-H. Block-F will consist of 246 apartment units with 426 parking spaces.
Block H will consist of 197 condo units and approximately 7,000 square feet of retail and
restaurant space, 232 parking spaces, 78 on street parking spaces, and nearly an acre of open
space. Mr. Weingarten stated that the Phase II site plan is consistent with the Riverfront
Development Concept Plan as well as the Design Guidelines.
Nicole Emmons, is a Principal Architect from Hart Howerton representing Lighthouse Landing
Communities, LLC. Ms. Emmons presented a video rendering walkthrough to summarize the
approved Phase I and the proposed site plan for Phase II, Block-F and Block-H.
Motion was made to open the public hearing.
Moved: Andruss

Seconded: Harries

Chairperson Hsu solicited comments from the public.

Vote 6-0

�Sarah Smiley lives in Sleepy Hollow and volunteers with a the local Mothers Out Front which is
a grass roots climate action group looking to transition our communities to renewable energy in
order to preserve a livable climate for our children. Ms. Smiley asked if LEED certification is
being pursued. Ms. Smiley asked if Net Zero Building Standards were being followed or close
to Net Zero as possible. This means that the buildings would be highly energy efficient and are
fully powered by renewable energy. Energy efficient measures such as electric heat pumps
would avoid the need to burn more natural gas and could be powered through renewable energy
generated on site. Ms. Smiley is aware that the project has been in the works for a long time and
that a lot of thought has been put into it. She is excited about it and thinks the project will bring a
lot of benefit to the community and the people that live here and will be excited to go there. Ms.
Smiley stated that when she sees the proposed buildings there, she can't help but think about
what carbon impact it will have in light of the recent UN climate report which stated that the
climate crisis demands that we drastically reduce our greenhouse gas emissions within the next
ten years. Ms. Smiley stated that she did not see any solar panels in the pictures and is very much
hoping that the developer will consider them. Ms. Smiley stated that this project presents a really
wonderful opportunity for Sleepy Hollow to model what all developments should now look like;
where we take into consideration the projects' climate impact and insist that it takes measures to
move the ball forward to a sustainable future that our children deserve. Ms. Smiley stated that
other members of the group could not be there tonight but sent emails to support this kind of
endeavor. She submitted them to the Planning Board Secretary to be added to the public record.
Chairperson Hsu asked if there were any other comments from the public.
There were no additional comments from the public.
David Smith asked Nicole Emmons to respond to Ms. Smiley's comments.
Nicole Emmons stated that the project is pursuing the LEED ND certification for the
Neighborhood Development at the scale of the Master Plan development. Ms. Emmons stated
that part of the certification is providing access to transit, bikes and, bike parking. It has been
evaluated that the design measures for Block-F and Block-H are in place to be certified for a
LEED or a similar type of certification. It is not a requirement.
David Smith stated that the applicant has provided the documentation requested for where LEED
ND certifications fit within the development.
Peter Chavkin, from Lighthouse Landing Communities, LLC stated that in response to solar
panels for the development; the first phase, Blocks- I, E, and J are being constructed by Toll
Brothers, Inc. One of the requirements that we put upon Toll Brothers is that there must be
electrical connections on the roofs so that the buildings will be photovoltaic ready. It is not
mandated that they must put solar panels there, but the infrastructure will be in place so that if
either they or the individual resident seek to do that, it is already in the building.
Sarah Smiley asked if the developers are looking into powering the buildings without using
combustible fossil fuels on site in terms of how you heat and cool the buildings.

�Jonathan Stein, from Lighthouse Landing Communities, LLC, stated that he is one of the
developers of the project. Mr. Stein stated that at this point they are not seeking any alternative
fuel sources for the buildings. Mr. Stein stated that they are big proponents of alternative fuel
sources. Mr. Stein stated that at this stage of the development, which has been through a process
of approximately twenty years, it is too late in the process to be exploring this. For this project,
they will not be looking into alternative fuel sources.
Kersten Harries stated that although the Board members have been quiet tonight, the public
should be aware that they have had dialogue with the applicant for months since the original
presentation in which their questions and concerns have been addressed through the process.
David Smith stated that the resolution reflects the number of meetings that the Planning Board
has held since August of 2018. Mr. Smith read the dates from the resolution.
Chairperson Hsu asked David Smith is there are any aspects of the resolution that he would like
to review.
David Smith stated that he has provided comments from Fred Bland regarding his satisfaction
with the exterior materials that have been proposed other than the coloration of the porcelain or
ceramic tiles. It was discussed at a meeting with Hart Howerton.
Nicole Emmons stated that a series of manufactures samples were looked at to find a tile with a
warmer beige taupe undertone in lieu of a brighter white.
David Smith stated that Nicole's office provided back up on the appropriateness the materials for
a site such as this.
Motion was made to close the public hearing.
Moved: Andruss
Seconded: Harries

Vote 6-0

Motion was made to approve the resolution.
Moved: Brennan
Seconded: Andruss
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Lindsay Krakauer - yes
Erin Carney -yes
Matthew Brennan - yes
Kersten Harries- yes
Vote 6-0
4. Approval of minutes- October 18, 2018
Chairperson Hsu solicited comments from the Board.
There were no comments from the Board.

APPROVED

�Motion was made to approve the October 18, 2018 minutes.
Moved: Andruss
Seconded: Brennan
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Lindsay Krakauer - yes
Erin Carney -yes
Matthew Brennan - yes
Kersten Harries- yes
Vote 6-0

APPROVED

Motion was made to adjourn the meeting at 8:50 PM.
Moved: Brennan
Respectfully Submitted,
Pamela Pengelski
Secretary to the Planning Board

Seconded: Andruss

Vote 6-0

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